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ACTS 


RESOLVES 


PASSED    BY    THE 


(general  Court  of  .i^a^jSatftujSett^, 


IN    THE    YEAKS 


1843,  1844,  1845 


TOGETHER   WITH   THE   ROLLS   AND   MESSAGES. 


PUBLISHED    BY    THE    SECRETARY   OF   THE    COMMONWEALTH. 


fronton: 

DUTTON  AND  WENTWORTH,  PRINTERS  TO  THE  COMMONWEALTH. 

1845. 


J^     v^      X      I^ 


RESOLVES 


PASSED   BY   THE 


%t^i^Utntt  of  inia^^atlju^ett^ 


IN   THE    YEAR 


18  4  3: 


TOGETHER    WITH    THE    ROLLS    AND    MESSAGES. 


PUBLISHED    BY    THE    SECRETARY    OF    THE    COMMONWEALTH. 


Bofiiton: 

DUTTON  AND  WENTWORTH,  PRINTERS  TO  THE  STATE. 
1843. 


0^  The  Legislature  of  1843  assembled  at  the  State-House,  in  Boston,  on 
Wednesday,  the  fourth  day  of  January,  and  was  prorogued  on  Saturday,  the 
twenty-fifth  day  of  March.  The  President  of  the  Senate  was  chosen  on  the  fourth, 
and  the  Speaker  of  the  House  on  the  seventh,  January.  The  oath  of  office  was  ad- 
ministered to  His  Excellency  Marcus  Mokton  on  the  18th,  and  the  Legislature 
was  fully  organized  on  the  20th,  January. 


GENERAL  AND  SPECIAL 

OP 

18«3. 


An  Act  to  punish  Larceny  in  a  dwelling-house  in  the  night  time,  and  for  f^hfin    1 
other  purposes.  ^liajJ.    1. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority 
of  the  same^  as  folloios  : 

Sect.  1.     Every  person  who  shall  feloniously  steal,  take  Nature  and 
and  carry  away  the  money,  goods,  chattels  or  property  of  ^^^''^P"'^^^^- 
another  in  a  dwelling-house,   in  the  night  time,  shall  be  ^^^ ' 
punished  by  solitary  imprisonment  in  the  State  prison  or 
house  of  correction,  not  exceeding  five  days,  and  by  con- 
finement afterwards  to  hard  labor  not  exceeding  five  years, 
or  by  fine  not  exceeding  three  hundred  dollars,  and  impris- 
onment in  the  common  jail  not  exceeding  two  years. 

Sect.  2.     Whenever,   in  any  complaint,  indictment  or  indictment, 
other  criminal  process,  the  offence  of  larceny  is  alleged  to  ^°^  '^  be  con- 
have  been  committed  on  any  particular  day,  it  shall  be  ^^"^"^  " 
deemed  and  taken  to  have  been  committed  in  the  day  time, 
unless  there  be  an  express  averment  that  it  was  committed 
in  the  night  time.     \Approved  by  the  Governor,  Feb.  18, 
1843.] 


Chap,  2. 


An  Act  giving  further  time  to  the  President,  Directors  and  Company  of  the 
Bank  of  Norfolk  to  close  their  concerns. 

BJ3  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

The  President,  Directors  and  Company  of  the  Bank  of  Extended  two 
Norfolk  are  hereby  continued  a  body  corporate  for  the  pe-  "i^^'^^- 
riod  of  two  years  from  the  twenty-fourth  day  of  April,  in 
the  year  one  thousand  eight  hundred  and  forty-three,  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.  \ Approved  by  the  Governor^  Feb. 
20,  1843.J 


1843.- 


-Chap.  3—7. 


Chap.  3. 


Extended  two 
years. 


Chap.  4. 


When  to  be 
holden. 


Repeal  of  for- 
mer acts. 


Chap.  5. 

/ 


An  Act  giving  further  time  to  the  President,  Directors  and  Company  of  the 
Middlesex  Bank  to  close  their  concerns. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Cour-t  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

The  President,  Directors  and  Company  of  the  Middlesex 
Bank  are  hereby  continued  a  body  corporate,  for  the  period 
of  two  years  from  the  fourth  day  of  April,  in  the  year  one 
thousand  eight  hundred  and  forty-three,  with  all  the  pow- 
ers and  privileges,  and  subject  to  the  limitations,  set  forth  in 
the  seventh  section  of  the  forty-fourth  chapter  of  the  Re- 
vised Statutes.     [Ajyproved  by  the  Governor,  Feb.  20,  1843.] 

An  Act  relating  to  the  Probate  Court  in  the  County  of  Nantucket. 

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

Sect.  1,  The  probate  court  for  the  county  of  Nantucket 
shall  be  hereafter  holden  on  the  first  Saturday  of  every 
month. 

Sect.  2.  All  acts  inconsistent  with  this  act  are  hereby 
repealed.     [Approved  by  the  Governor,  Feb.  21,  1843.] 

An  Act  relating  to  Marriages  between  individuals  of  certain  races. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  saine,  as  folloivs : 

So  much  of  the  fifth  section  of  the  seventy-fifth  chapter 
and  of  the  first  section  of  the  seventy-sixth  chapter  of  the 
Revised  Statutes,  as  relates  to  marriages  between  white 
persons  and  negroes,  Indians  and  mulattoes,  is  hereby  re- 
pealed.    [Apjjroved  by  the  Governor,  Feb.  25,  1843.] 


Chap.  6. 


An  Act  to  change  the  name  of  the  Institution  for  Savings  in  the  town  of  Sa- 
lem and  vicinity. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  saTne,  as  follows : 
Name  changed.  The  Institution  for  Savings,  in  the  town  of  Salem  and 
vicinity,  may  take  and  hereafter  be  known  by  the  corpo- 
rate name  of  the  Salem  Savings  Bank.  {Approved  by  the 
Governor,  Feb.  25,  1843.] 

An  Act  relating  to  the  Court  of  Common  Pleas,  and  the  Municipal  Court  of 
the  City  of  Boston. 

BE  it  enacted  by  the  Senate  and  House  of  Represeiita- 

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

the  same,  as  folloivs  : 

Duties  of  judge      Sect.  1.     All  the  dutics  uow  required  by  law  to  be  per- 

court""by  Chom  foraged  by  the  judge  of  the  municipal  court  of  the  city  of 

performed.        Boston,  shall  hereafter  be  performed  within  and  for  the 

county  of  Suffolk  by  the  justices  of  the  court  of  common 


Chap.  7. 


1843. Chap.  7—8.  5 

pleas,  or  by  some  one  of  them ;  provided^  however^  that  no 
one  of  said  justices  shall  hold  more  than  three  monthly- 
terms  of  said  municipal  court  in  succession. 

Sect.  2.     Whenever  hereafter  a  vacancy  shall  happen  in  Respecting 
the  office  of  clerk  of  said  municipal  court,  such  vacancy  conisof  sid 
shall  be  filled  by  an  appointment  thereto,  to  be  made  by  the  court. 
said  judges  of  the  court  of  common  pleas  ;   and  the  records 
of  the  said  municipal  court  arc  to  be  kept  separate  and  dis- 
tinct from  those  of  the  court  of  common  pleas. 

Sect.  3.     The  name,  style  and  caption  of  the  said  muni-  Name,  &c.  con- 
cipal  court,  and  its  powers,  duties  and  jurisdiction  shall  ^"^^'^'i- 
continue  the  same  as  now  prescribed  by  law. 

Sect.  4.     There  shall  hereafter  be  one  additional  judge  Additional 
of  the  court  of  common  pleas,  thereby  making  the  number  mmrpiea's""^' 
of  judges  five  instead  of  four,  as  now  prescribed  by  law. 

Sect,  5.     All  actions,  suits,  processes,  indictments,  recog-  Acuons,  &c.  to 
nizances  and  proceedings  now  pending  or  before  said  muni-  ^^^^  ^^' 
cipal  court,  shall  have  day  and  be  heard  and  acted  upon  by 
one  of  the  said  justices  of  the  court  of  common  pleas,  sit- 
ting as  aforesaid  as  judge  of  said  municipal  court. 

Sect.  6.  The  city  of  Boston  shall  pay  into  the  treasury  City  of  Boston 
of  the  Commonwealth,  on  the  first  Monday  in  January  in  ^^^J^_ 
each  and  every  year  hereafter,  the  same  sura  that  has  here- 
tofore been  paid  by  said  city  towards  paying  the  salary  of 
the  judge  of  the  said  municipal  court,  which  said  sum  shall 
be  appropriated  to  the  payment  of  the  salaries  of  the  jus- 
tices of  the  court  of  common  pleas. 

Sect.  7.     All  precepts,  warrants,  venires  and  processes  Respecting  pro- 
issued  from  said  municipal  court  shall  be  tested  like  similar  sued  ^0^1^^. 
processes  from  the  court  of  common  pleas,  and  shall  be  nicipal  court. 
under  the  seal  of  the  municipal  court,  and  signed  by  its 
clerk. 

Sect.  8.     This  act  shall  take  efi'ect  from  and  after   its  Whra  to  take 
passage.    \Approved  by  the  Governor,  March  1,  1843.] 

An  Act  to  incorporate  the  New  Bedford  Orphans'  Home.  ChdV'  8. 

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

Sect.  1,  Rebecca  W.  Rodman,  Abby  S.  Robinson,  Lucy  Persons  incor- 
C.  W.  Shaw,  and  their  associates  and  successors,  are  here-  poraied. 
by  made  a  corporation,  by  the  name  of  the  New  Bedford 
Orphan's  Home,  for  the  purpose  of  relieving,  educating  and 
improving  the  condition  of  destitute  children  ;  Avith  all  the 
powers  and  privileges,  and  subject  to  all  the  duties,  fiabil- 
ities  and  restrictions,  set  forth  in  the  forty-fourth  chapter 
of  the  Revised  Statutes. 

Sect.  2.     The  said  corporation  may  take  and  hold  real  Estate. 
and  personal  estate  for  the  purposes  aforesaid,  to  an  amount 
not  exceeding  fifty  thousand  dollars.      [Approved  by  the 
Governor,  March  3,  1843.] 


6  1843. Chap.  9. 

ChciJ}.   9.  ^^  ■^^'^  establishing  the  Salaries  of  certain  Public  Officers. 

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

Specification  of  Sect.  1.  The  several  public  officers  herein  named  shall 
receive  for  their  services  an  annnal  salary  as  specified,  that 
is  to  say  :  The  governor,  the  sum  of  twenty-five  hundred 
dollars.  The  lieutenant-governor,  the  same  allowance  for 
travel  as  a  counsellor,  and  twice  as  much  for  attendance. 
The  secretary,  the  sum  of  sixteen  hundred  dollars.  The 
treasurer,  the  sum  of  sixteen  hundred  dollars.  The  chief 
justice  of  the  supreme  judicial  court,  the  sum  of  three  thou- 
sand dollars.  The  associate  justices  of  the  supreme  judi- 
cial court,  each  the  sum  of  twenty-five  hundred  dollars. 
The  chief  justice  of  the  court  of  common  pleas,  the  sum 
of  eighteen  hundred  dollars.  The  associate  justices  of  the 
court  of  common  pleas,  each  the  sum  of  seventeen  hundred 
dollars.  The  attorney  of  the  Commonwealth  for  Sufiblk 
county,  the  sum  of  fifteen  hundred  dollars.  The  district 
attorneys  of  the  Commonwealth,  each  the  sum  of  seven 
liundred  dollars.  The  reporter  of  decisions,  the  sum  of 
three  hundred  dollars.  The  judge  of  probate  for  the  county 
of  Sufiblk,  the  sum  of  eight  hundred  dollars.  The  judge 
of  probate  for  the  county  of  Essex,  the  sum  of  six  hundred 
dollars.  The  judge  of  probate  for  the  county  of  Middlesex, 
the  sum  of  seven  hundred  dollars.  The  judge  of  probate 
for  the  county  of  Worcester,  the  sum  of  six  hundred  dol- 
lars. The  judges  of  probate  for  the  counties  of  Hampshire, 
Hampden  and  Franklin,  each  the  sum  of  two  hundred  and 
forty  dollars.  The  judge  of  probate  for  the  county  of  Berk- 
shire, the  sum  of  three  hundred  and  seventy-five  dollars. 
The  judge  of  probate  for  the  county  of  Norfolk,  the  sum 
of  four  hundred  dollars.  The  judge  of  probate  for  the 
county  of  Plymouth,  the  sum  of  three  hundred  and  fifty 
dollars.  The  judge  of  probate  for  the  county  of  Bristol, 
the  sum  of  four  hundred  dollars.  The  judge  of  probate  for 
the  county  of  Barnstable,  the  sum  of  three  hundred  dollars. 
The  judge  of  probate  for  the  county  of  Nantucket,  the  sum 
of  one  hundred  and  fifty  dollars.  The  judge  of  probate 
for  the  county  of  Dukes,  the  sum  of  one  hundred  dollars. 
The  register  of  probate  for  the  county  of  Sufiblk,  the  sum 
of  fifteen  hundred  dollars.  The  registers  of  probate  for  the 
counties  of  Essex,  Middlesex  and  Worcester,  each  the  sum 
of  twelve  hundred  dollars.  The  registers  of  probate  for 
the  counties  of  Hampshire,  Hampden,  Franklin  and  Barn- 
stable, each  the  sum  of  four  hundred  dollars.  The  register 
of  probate  of  the  county  of  Berkshire,  the  sum  of  five 
hundred  dollars.  The  registers  of  probate  of  the  counties 
of  Norfolk,  Plymouth  and  Bristol,  each  the  sum  of  six 
hundred  dollars.     The  register  of  probate  of  the  county  of 


1843. Chap.  9— 11.  7 

Nantucket,  the  sum  of  two  hundred  and  fifty  dollars.  The 
register  of  probate  of  the  county  of  Dukes,  the  sum  of  one 
hundred  dollars.  The  land  agent,  the  sum  of  one  thousand 
dollars.  The  first  clerk  in  the  secretary's  oflice,  the  sum 
of  one  thousand  dollars.  The  second  clerk  in  the  secreta- 
ry's office,  the  sum  of  eight  hundred  dollars.  The  first 
clerk  in  the  treasurer's  oflice,  the  sum  of  one  thousand  dol- 
lars. The  second  clerk  in  the  treasurer's  office,  the  sum  of 
eight  hundred  dollars.  The  sergeant-at-arms,  the  sum  of 
eight  hundred  dollars,  and  the  rent  of  the  house  occupied 
by  him.  The  messenger  to  the  governor  and  council,  the 
sum  of  five  hundred  dollars.  The  watchman  of  the  state- 
house,  the  sum  of  six  hundred  dollars.  The  two  assistant 
watchmen  of  the  state-house,  each  the  sum  of  four  hun- 
dred and  fifty  dollars. 

Sect.  2.     The  said  salaries  shall  be  paid  in  quarterly  when  to  be 
payments,   out  of  the  treasury  of  the  Commonwealth,  on  "^^^  ' 
the  first  days  of  January,  April,  July  and  October,  in  every 
year,  and  in  the  same  proportion  for  any  part  of  a  quarter. 

Sect.  3.    All  laws  inconsistent  with  the  provisions  of  this  Repeal  of  for- 
act  are  hereby  repealed.  "^^^  ^^'^'• 

Sect.  4.     This  act  shall  take  effect  from  and  after  the  when  to  take 
first  day  of  April  next.     [Appi^oved  by  the  Governor^  March  ^  ^*^^" 
7,  1843.] 

An  Act  relating  to  the  preservation  of  the  Bonds  and  Mortgages  from  the  Qhdi),    JQ. 
several  Rail-roads  to  the  Commonwealth.  J- 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives.  in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  folloivs  : 

The  treasurer  and  receiver-general  of  the  Commonwealth 
is  hereby  directed,  forthwith,  to  cause  all  bonds  and  mort- 
gages, given  to  the  Commonwealth  by  the  several  rail-road 
corporations  in  this  Commonwealth,  not  already  recorded, 
to  be  recorded  in  the  registry  of  deeds  of  each  county  through 
which  the  rail-road  giving  the  bond  and  mortgage  may  pass. 
[Approved  by  the  Governor,  March  10,  1843.] 

An  Act  to  repeal  an  Act  to  defray  the  Expenses  of  the  Probate  Courts.        Chctt),    1 1 . 

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

Sect.  1.    The  act  entitled  An  Act  to  defray  the  expenses  of  Repeal. 
the  Probate  Courts,  passed  on  the  eighteenth  day  of  March,  in 
the  year  eighteen  hundred  and  forty-one,  is  hereby  repealed  : 
provided,  nothing  herein  contained  shall  prevent  a  recovery  Proviso, 
against  any  executor,   administrator,   guardian  or  trustee 
for  any  liability  already  incurred  under  said  act. 

Sect.  2.     This  act  shall   take  effect  from  and  after  its  JJ^^^^"  to  take 
passage.     [Approved  by  the  Governor,  March  13,  1843.] 


1843.- 


■Chap.  12—13. 


Chap.  12. 


Continuation  of 
former  act. 


And  of  legal 
remedies  there- 
in provided. 


Authorizing 
sales  at  auc- 
tion. 


Chap.  13. 


Salary. 


No  clerk  allow- 
ed. 


Office  of  milita- 
ry store-keeper 
abolished. 
Further  com- 
pensation to 
adjutant  gen- 
eral. 


Repeal  of  for- 
mer acts. 


An  Act  in  addition  to  an  Act  to  incorporate  certain  persons  into  a  Com- 
pany, by  the  Name  of  the  South  Boston  Association. 

BE  it  enacted  by  the  Senate  and  House  of  Represetita- 
tives,  in  Getieral  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios  : 

Sect.  1.  An  act  passed  on  the  fourteenth  day  of  June, 
in  the  year  one  thousand  eight  hundred  and  five,  entitled 
"  An  Act  to  incorporate  certain  persons  into  a  company,  by 
the  name  of  the  South  Boston  Association"  shall  continue  in 
force  until  the  fourteenth  day  of  June  in  the  year  one  thou- 
sand eight  hundred  and  forty-six  ;  any  thing  in  the  original 
act,  and  the  acts  in  addition  to  the  same,  to  the  contrary 
notwithstanding.  And  the  said  corporation  shall  have 
every  legal  remedy  in  regard  to  their  lands  and  property, 
and  may  maintain  any  suits  or  other  legal  proceedings  con- 
cerning the  same  in  the  same  manner  as  if  all  the  provi- 
sions in  the  acts  to  which  this  is  in  further  addition  were 
hereby  expressly  revived  and  continued  in  force. 

Sect.  2.  The  said  association  may,  at  any  regular  meet- 
ing, by  a  major  vote,  authorize  sales  to  be  made  at  public 
auction,  of  the  whole,  or  any  part  of  their  property,  and 
pass  deeds  in  conformity  to  such  sales.  [Approved  by  the 
Governor,  March  14,  1843.] 

An  Act  to  reduce  the  Expenses  of  the  Office  of  Adjutant  General. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows : 

Sect,  1.  The  salary  of  the  adjutant  general  of  this  Com- 
monwealth, from  and  after  the  passage  of  this  act,  shall 
be  at  the  rate  of  twelve  hundred  dollars  a  year,  payable 
quarterly,  which  shall  be  in  full  for  all  his  services. 

Sect.  2.  The  adjutant  general  shall  not  be  allowed  to 
employ  in  his  office  an  assistant  or  clerk,  whose  salary 
shall  be  paid  out  of  the  treasury  of  the  Commonwealth. 

Sect.  3.  The  oflice  of  military  store-keeper  is  hereby 
abolished. 

Sect.  4.  The  adjutant  general  shall  receive  the  further 
sum  of  three  hundred  dollars  a  year,  payable  quarterly, 
which  shall  be  in  full  for  all  services  performed  by  him,  as 
keeper  of  the  public  magazines,  munitions  of  war,  entrench- 
ing tools,  and  all  other  implements  of  war  belonging  to  the 
Commonwealth. 

Sect.  5.  All  laws  inconsistent  with  this  act  are  hereby 
repealed.     [Approved  by  the  Governor,  March  14,  1843.] 


1843. Chap.  14—16. 


An  Act 


giving  further  time  to  the  President,  Directors  and  Company  of  the  C'AofW.    14. 

East  Bridgewater  Bank  to  close  their  concerns.  -*  * 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  bij  the  authority  of 
the  same,  as  follo7vs  : 

The  President,  Directors  and  Company  of  the  East  Extended  two 
Bridgewater  Bank  are  hereby  continued  a  body  corporate,  ^'''^^®- 
for  the  period  of  two  years  from  the  first  day  of  January, 
in  the  year  one  thousand  eight  hundred  and  forty-three, 
with  all  the  powers  and  privileges,  and  subject  to  the  limi- 
tations set  forth  in  the  seventh  section  of  the  forty-fourth 
chapter  of  the  Revised  Statutes.  [Approved  by  the  Gov- 
ernor, March  14,  1843.] 

An  Act  authorizing  Adam  W.  Thaxter  and  Jacob  Hall  to  extend  their  Cfidjj^    15. 

Wharf.  -^* 

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

Adam  W.  Thaxter  and  Jacob  Hall,  proprietors  of  a  cer-  Extension  of 
tain  wharf  in  the  northerly  part  of  the  city  of  Boston,  lying  ^^^arf. 
westerly  of  Causeway  street  and  of  Charles  river  bridge, 
and  bounded  easterly  by  said  bridge  and  immediately  ad- 
joining the  same,  are  hereby  authorized  to  extend  and 
maintain  their  said  wharf  into  the  harbor  channel,  as  far 
as  the  line  established  by  an  act  entitled  "  An  Act  to  pre- 
serve the  harbor  of  Boston  and  prevent  encroachments 
therein,"  passed  on  the  nineteenth  day  of  April,  in  the  year 
one  thousand  eight  hundred  and  thirty-seven;  and  shall 
have  the  right  and  privilege  of  laying  vessels  at  the  sides 
and  end  of  said  wharf,  when  extended,  and  of  receiving 
dockage  and  wharfage  therefor :  provided,  that  so  much  of  Proviso, 
said  wharf  as  shall  be  erected  under  this  act  shall  be  built 
on  piles,  and  that  this  grant  shall  in  no  wise  interfere  with 
the  legal  rights  of  any  person  or  persons  whatever.  [Ap- 
proved by  the  Governor,  March  14,  1843.] 

An  Act  to  incorporate  the  Holyoke  Mutual  Fire  Insurance  Company  in  Sa-   CflCtp.    16. 

lem .  -^ 

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

John  S.  Williams,   Caleb  Smith,    and  William  Sutton,  Persons  incor- 
their  associates  and  successors,  are  hereby  made  a  corpora-  P°ra^e<^- 
tion,  by  the  name  of  the  Holyoke  Mutual  Fire  Insurance 
Company  in  Salem,  in  the  county  of  Essex,  for  the  term  of 
twenty-eight  years,  for  the  purpose  of  insuring  buildings, 
stock  in  trade,  and  all  other  kinds  of  personal  property ; 
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. 
[Approved  by  the  Governor,  March  14,  1843.] 
2 


10 


1843.- 


-Chap.  17—19. 


Chap,  17. 


Appointment 
and  its  dura- 
tion. 

Proviso. 


Repeal  of  for- 
mer acts. 

Bond  to  be  giv- 
en. 


When  to  take 
effect. 


Chap.  18. 


Establishment 
of  the  depart- 
ment. 


An  Act  relating  to  the  Office  of  Adjutant  General. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  Getieral  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  adjutant  general  shall  be  appointed  by  the 
commander  in  chief,  and  shall  hold  his  office  for  the  space 
of  one  year  from  the  date  of  his  commission,  and  until  his 
successor  be  appointed  and  qualified :  provided,  however, 
the  commander  in  chief  shall  have  power  to  remove  him  at 
any  time  within  said  period  of  one  year. 

Sect.  2.  All  laws  inconsistent  with  this  act  are  hereby 
repealed. 

Sect.  3.  The  adjutant  general  shall  give  a  bond,  with 
two  sureties  at  least,  to  be  approved  by  the  Governor,  with 
the  advice  and  consent  of  the  council,  in  the  sum  of  twenty 
thousand  dollars,  payable  to  the  said  Commonwealth ;  and 
the  condition  of  it  shall  be  in  substance  as  follows,  that  is 
to  say  : — that  the  adjutant  general  shall  faithfully  discharge 
all  the  duties  and  trusts  of  said  office ;  that  he  shall  use  all 
necessary  diligence  and  care  in  the  safe-keeping  of  all  mili- 
tary stores  and  other  property  of  said  Commonwealth, 
committed  by  law  to  his  care  and  custody;  shall,  when 
thereunto  required  by  any  provisions  of  law,  account  for 
the  same;  and  shall  deliver  over  to  his  successor  in  said 
office,  or  to  any  other  person  authorized  to  receive  the 
same,  all  of  said  military  stores  and  other  property  belong- 
ing to  said  Commonwealth  which  hath  come  to  his  hands 
and  possession  ;  and,  in  default  thereof,  the  said  bond  shall 
be  forfeited. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  16,  1843.] 

An  Act  to  establish  a  Fire  Department  in  the  town  of  Chelsea. 

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

A  fire  department  is  hereby  established  in  the  town  of 
Chelsea,  subject  to  all  the  duties  and  liabilities,  and  with 
all  the  powers  and  privileges,  set  forth  and  contained  in  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, 
March  20,  1843.] 


Chap.  19. 


An  Act  in  relation  to  Trusts  created  by  Deed. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,   and  by  the  authority  of 
the  same,  as  follows  : 
Provisions  of         The  provisions  of  the  seventh  and  eighth  sections  of  the 
R.  s.  extended  sixty-niuth  chapter  of  the  Revised  Statutes  are  hereby  ex- 
ted^by  deed.^'    tended,  SO  as  to  apply  to  all  trusts  which  have  been,  or  may 


1843. Chap.  19—20.  11 

be,   created  by  deed.     [Approved  by  the  Governor^  March 
20,  1843.] 

An  Act  concerning  Alewives  in  Herring  River  in  tlje  Town  of  Barnstable.     Chdp.   20. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs : 

Sect.  1.  The  selectmen  of  the  town  of  Barnstable  for  Powers  given 
the  time  being,  or  a  major  part  of  them,  are  hereby  em- 
powered, in  the  month  of  February,  March  or  April  annu- 
ally, to  prescribe  the  time,  place  or  places,  and  manner  of 
taking  alewives  in  Herring  River,  by  the  name  of  Marstons' 
Mills  Herring  River,  in  the  town  of  Barnstable  ;  such  time 
not  to  exceed  five  days  in  a  week  ;  and  they  shall  appoint 
some  suitable  person  or  persons  to  take  the  same,  and  fix 
the  compensation  to  be  paid  therefor,  if  thought  proper  by 
the  said  selectmen. 

Sect.  2.  The  owners  or  occupants  of  dams  across  said  Passage-way 
river  shall  annually,  during  such  time,  not  exceeding  sixty  be  kept  open- 
days  in  each  year,  as  shall  be  prescribed  by  the  selectmen 
of  said  town,  or  the  major  part  of  them  for  the  time  being, 
keep  constantly  open,  and  maintain  through,  over  or  around 
their  respective  dams,  a  passage  sufficient  and  proper  for 
the  passing  of  said  fish  to  the  satisfaction  of  said  selectmen, 

under  a  penalty  not  less  than  ten,  nor  more  than  sixty  dol under  certain 

lars,    for   each   and   every   twenty-four   hours   they   shall  pe'^^^^i^^* 
neglect  to  open  a  passage-way  as  aforesaid;  and  the  said  Notification  to 
selectmen  shall,  thirty  days  at  least  before  the  commence-  °'^«'^s  and 
ment  ot  said  period,  notiiy  in  writing  the  owners  or  occu- 
pants of  said  dams,  of  the   time  when  said  passage-ways 
shall  be  opened,  and  the  manner  in   which  they  shall  be 
constructed  and  regulated ;  provided,  however,  that  if  any  Proviso. 
such  owner  or  occupant  shall,  at  any  time,  be  dissatisfied 
with  the  determination  of  said  selectmen  in  relation  to  the 
construction  or  regulation  of  such  passage-way  or  passage- 
ways, such  owner  or  occupant  may,  by  application  in  writ- 
ing to  the  selectmen  of  the  town  of  Sandwich  for  the  time  Respecting 
being,  in  said  county  of  Barnstable,  who  are  hereby  con-  selectmen^ o"/ 
stituted  a  committee  for  that  purpose,  cause  such  passage-  Sandwich:— 
way  or  passage-ways  to  be  fixed,  prescribed  and  regulated 
in  writing  by  said  committee  ;   and  such  passage-way  or 
passage-ways  shall  thereafter  be,  by  the  owners  or  occu- 
pants of  said  dam  or  dams,  kept  open  and  regulated  in 
width  and  depth,  and  in  all  other  respects,  pursuant  to  said 
Avritten  determination  of  said  committee,  under  the  same 
penalty  as  is  herein  before   provided.     And   the  expense  of  their  compen- 
said  committee  shall  be  paid  by  the  owners  or  occupants  of  nation. 
said  dam  or  dams,  or  by  the  said  town  of  Barnstable,  as 
said  committee  shall  judge. 

Sect.  3.     The  said  selectmen  of  the  town  of  Barnstable 


12 


1843.- 


-Chap.  20—21. 


Further  author- 
ity of  select- 
men of  Barn- 
stable. 


Pine  imposed. 


Pine  for  taking 
fish  unauthor- 
izedly. 


Establishment 
of  prices  for 
fish. 


Legal  wit- 
nesses. 


Appropriation 
of  forfeitures. 


Chap.  21. 


Respecting  tax 
upon  sale  of 


shall  have  full  power  and  authority  to  cause  the  natural 
course  of  the  stream  through  which  said  fish  pass  to  be 
kept  open  and  free  of  obstructions,  except  the  dams  afore- 
said, and  to  remove  all  such  obstructions  except  as  aforesaid, 
and  for  that  purpose,  as  well  as  for  the  other  purposes  oJf 
this  act,  shall  have  authority  to  go  upon  the  land  or  meadow 
of  any  person  through  which  said  stream  runs,  without 
being  deemed  trespassers  ;  and  if  any  person  or  persons  shall 
molest  the  said  selectmen  or  either  of  them,  in  the  execu- 
tion of  his  or  their  duties  under  this  act,  or  shall  obstruct 
the  passage  of  said  fish,  except  as  aforesaid,  the  person  or 
persons  so  ofliending  shall,  on  conviction  thereof  before  any 
justice  of  the  peace  in  the  county  of  Barnstable,  pay  a  fine 
for  every  such  offence  not  exceeding  twenty  nor  less  than 
ten  dollars. 

Sect.  4.  If  any  person  or  persons  shall  take  any  of  the 
fish  aforesaid  in  said  river,  or  the  ponds  in  which  said  fish 
cast  their  spawn,  at  any  time,  or  in  any  place  or  manner 
other  than  shall  be  allowed  by  said  selectmen  as  aforesaid, 
each  person  so  offending  shall,  for  each  and  every  such 
offence,  on  conviction  thereof,  pay  a  fine  not  exceeding 
twenty  dollars,  nor  less  than  one  dollar. 

Sect.  5.  From  and  after  the  passing  of  this  act,  the  in- 
habitants of  said  town,  at  their  annual  February  meeting, 
or  any  meeting  called  for  the  purpose,  shall  determine  the 
quantity''  of  said  fish  that  each  family  in  said  town  shall 
receive,  and  establish  the  price  they  shall  pay  therefor. 

Sect.  6.  All  persons  not  otherwise  disqualified  shall  be 
taken  to  be  competent  and  legal  witnesses,  in  any  prose- 
cution upon  this  act,  they  being  inhabitants  of  said  town 
of  Barnstable  notwithstanding. 

Sect.  7.  All  the  forfeitures  incurred  by  virtue  of  this 
act  shall  be  two  thirds  to  the  use  of  the  said  town  of  Barnsta- 
ble, and  one  third  to  the  person  or  persons  giving  informa- 
tion, to  be  recovered  in  an  action  of  debt,  in  any  court 
proper  to  try  the  same,  to  be  brought  by  the  treasurer 
thereof.     \Ajjproved  by  the  Governor^  March  20,  184!^.] 

An  Act  concerning  the  Sale  of  Rail-road  Stock  at  Auction. 

BIB  it  enacted  by  the  Senate  and  House  of  Hepresenta- 
tives,  iji  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follotvs  : 

The  fifth  section  of  the  ninth  chapter  of  the  Revised 
Statutes  is  hereby  so  amended,  that  the  tax  upon  the  sale 
of  any  of  the  shares  of  any  rail-road  company,  incorporated 
under  the  authority  of  any  of  the  United  States,  shall  be 
one  tenth  of  one  per  cent,  on  the  amount  of  the  sales,  and 
so  much  of  the  said  section  as  is  inconsistent  herewith  is 
hereby  repealed.  [Approved  by  the  Governor,  March  21, 
1843.J 


1843. Chap.  22—24.  13 

An  Act  concerning  the  House  for  the  Reformation  and  Employment  of  Juve-   (^/iflO.   22. 
uile  Offenders  in  the  city  of  Boston.  •*  * 

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

Sect.  1.     The  city  of  Boston  is  hereby   authorized  to  Establishment 
estabUsh,  in  any  building  or  buildings,  or  part  of  any  build-  Housrof^Ref^ 
ing,  used  by  said  city,  as  a  house  of  industry,  or  for  any  ormation. 
other  purpose,  a  separate  branch  or  branches  of  said  house 
of  reformation  and  employment  for  females,  or  for  the  sep- 
arate classification  of  such  females. 

Sect.  2.     The   municipal   or   police  court  of  said  city,  Power  of  com- 
upon  the  complaint,  under  oath,  of  the  mayor,  or  any  alder-  ^}e""|,^'^^,|'ii. 
man  thereof,  or  of  any  of  the  directors  of  the  house  of  Indus-  cipai  or  police 
try,  or  of  the  said  house  of  reformation  and  employment,  '=°"'^'- 
or  of  the  overseers  of  the  poor  of  said  city,  that  any  child 
or  children  live  an  idle  and  dissolute  life,   and  that  their 
parents  are  dead,  or,  if  living,  do,  from  vice,  or  any  other 
cause,  neglect  to  provide  suitable  employment  for,  or  to  ex- 
ercise salutary  control  over,   such  child  or  children,  shall 
have    power,   upon    conviction    thereof,    to   sentence    such 
child,  or  children,   to   such   house  of  reformation  and  em- 
ployment, to  be  kept  and  governed  according  to  law. 

Sect.  3.     Nothing  herein  is  to  be  construed  to  take  away  Right  of  appeal 
the  right  of  appeal,  in  the  cases  aforesaid,  from  the  police  contmued. 
court  to  the  municipal  court  aforesaid.      [Approved  by  the 
Goveryior,  March  21,  1843.] 

An  Act  to  incorporate  the  Greenfield  Institute  for  the  Education  of  Young  (^httV.   ^23. 

Ladies.  -* 

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

Sect.  1.  Alpheus  F.  Stone,  Titus  Strong,  John  J.  Persons  incor- 
Pierce,  their  associates  and  successors,  are  hereby  made  a  p°''^^^  • 
corporation  by  the  name  of  the  Greenfield  Institute  for  the 
Education  of  Young  Ladies,  to  be  established  at  Greenfield, 
in  the  county  of  Franklin,  with  all  the  powers  and  privi- 
leges, and  subject  to  all  the  duties,  restrictions  and  liabili- 
ties, set  forth  in  the  forty-fourth  chapter  of  the  Revised 
Statutes. 

Sect.  2.     The  corporation  may  hold  real  and  personal  Estate. 
estate  to  the  amount  of  twenty  thousand  dollars,  to  be  de- 
voted exclusively  to  purposes  of  education.     [Appi^oved  by 
the  Governor,  March  21,  1843.] 

An  Act  authorizing  Hathaway  Brightman  to  construct  Wharves  in  the  town   ChcLT).  24. 
of  Fall  River.  -* 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam,e,  as  follows : 

Hathaway  Brightman  is  hereby  authorized  to  build  two 


14 


1843.- 


-Chap.  24—27. 


Proviso. 


Chap. 


Permission  to 
appropriate 
income  speci- 
fied. 


Construction  of  wharvcs  froiTi  his  land,  near  Slade's  ferry,  in  the  town  of  Fall 
fiid!"^^  ^^^^^'  I^iver,  and  to  extend  said  wharves  into  Taunton  River,  so 
that  there  shall  be  six  feet  of  water  at  their  heads,  at  common 
low  tides ;  and  the  said  Hathaway  Brightman  shall  have  and 
enjoy  all  the  powers  and  privileges,  and  be  subject  to  all 
the  liabilities  and  restrictions  common  to  proprietors  of 
wharves  in  said  town  ;  jnovided^  that  this  act  shall  in  no 
wise  interfere  with  tlie  legal  rights  of  any  other  person  or 
persons.     [Approved  by  the  Governor,  March  21,  1843.] 

25.  -A^ri  Act  authorizing  the  North  Congregational  Society  in  the  East  Parish  in 
Barnstable  to  appropriate  the  Income  of  their  Ministerial  Fund  to  the  Sup- 
port of  Hired  Preachers  in  certain  cases. 

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

The  North  Congregational  Society  in  the  East  Parish  in 
Barnstable  are  hereby  authorized  to  appropriate  the  income 
of  their  Ministerial  Fund  to  the  support  of  the  ministry  in 
their  parish,  when  they  have  a  hired  or  temporary  preacher, 
as  well  as  when  they  have  a  settled  pastor  ;  any  thing  con- 
tained in  an  act  passed  February  fourth,  in  the  year  one 
thousand  eight  hundred  and  twenty-eight,  "  incorporating 
the  North  Congregational  Society  in  the  East  Parish  in  the 
town  of  Barnstable"  to  the  contrary  notwithstanding.  [Ap- 
proved by  the  Governor,  March  21,  1843.] 

Chcip.   26.  -A-i^  -A-CT  to  establish  a  Fire  Department  in  the  town  of  Barre. 

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

A  Fire  Department  is  hereby  established  in  the  town  of 
Barre,  subject  to  all  the  duties  and  liabilities,  and  with  all 
the  powers  and  privileges,  set  forth  and  contained  in  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.  [Ajjproved  by  the  Governor, 
March  22,  1843.] 

27.  -^^^  -^^^  ^^  addition  to  the  several  Acts  incorporating  certain  persons  for  the 
purpose  of  building  a  Bridge  over  Neponset  River,  between  Dorchester  and 
Quincy,  and  for  supporting  the  same. 

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

Sect.  1.  The  rates  of  toll  for  passing  over  said  bridge 
and  the  road  connected  therewith  shall,  from  and  after  the 
twenty-eighth  day  of  October,  eighteen  hundred  and  forty- 
three,  be  as  follows,  to  wit :  For  each  horse  and  rider,  two 
cents ;  for  each  cart,  wagon  or  sleigh,  drawn  by  one  horse, 
four  cents;  for  each  coach,  chariot,  phaeton,  or  other  car- 
riage, drawn  by  two  or  more  beasts,  twelve  cents;  for  each 
sleigh,  drawn  by  more  than  one  horse,  eight  cents  ;  for  each 


Chap 


Rates  of  toll 
established. 


1843. Chap.  27—29.  15 

cart  or  wagon,  drawn  by  more  than  four  beasts,  ten  cents; 
for  each  chaise  or  sulkey,  drawn  by  one  horse,  six  cents  ; 
for  horses  and'  neat  cattle,  exclusive  of  those  in  teams  or 
ridden  on,  one  cent  each;  for  sheep  and  swine,  per  dozen, 
one  cent;  for  each  cart  or  wagon,  drawn  by  three  beasts, 
six  cents ;  for  each  cart  or  wagon,  drawn  by  two  beasts, 
five  cents. 

Sect.  2.     The  said  corporation  shall,  on  the  first  day  of  Returns  to  be 
January,    eighteen   hundred   and    forty-five,     and   yearly  "ary  of Coin"*^" 
thereafter,  make  returns  into  the  office  of  the  Secretary  of  monwealth. 
the  Commonwealth,  of  all  their  receipts,  expenditures  and 
disbursements;  and  if  the  net  income  received  by  said  cor-  Net  income. 
poration,   after  deducting  all  necessary  and  reasonable  ex- 
penses and  disbursements,  shall  exceed  six  per  centum  per 
annum  on  the  sum  of   thirty-five  thousand  dollars,   the 
Legislature  may  regulate  said  tolls  in  such  manner  that 
said  net  income  shall  not  exceed  six  per  centum  on  said 
sum  of  thirty-five  thousand  dollars. 

Sect.  3.     The  said  corporation  shall  have  power,  at  any  Reduction  of 
time  hereafter,  to  reduce  the  rates  of  tolls  heretofore  estab-  for.^^"^"^^  ^ 
lished,  so  far  as  they  may  deem  expedient,   and  continue 
said  toll,  so  reduced,  as  long  as  they  shall  deem  expedient. 

Sect.  4.     The  Legislature  may,  at  any  time  hereafter.  Regulation  of 
regulate  the  tolls  on  said  bridge  and  turnpike,  as  they  may  *°^^^- 
deem  expedient.     [Approved  by  the   Governor^  March  22, 
1843.] 

An  Act  to  incorporate  the  American  Oriental  Society.  (Jhttp.  28. 

BE  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follou-s : 

Sect.  1.     John  Pickering,   William  Jenks,  John  J.  Dix-  Persons  incor- 
well,  their  associates  and  successors,  are  hereby  made  a  P"^*^'^*^- 
corporation,  by  the  name  of  the  American  Oriental  Society, 
for  the  purpose  of  the  cultivation  of  learning  in  the  Asiatic, 
African,  and  Polynesian  languages. 

Sect.  2.     The  said  corporation  is  authorized  to  hold  real  Estate. 
or  personal  estate,  the  clear  annual  income  of  which  shall 
not  exceed  the  sum  of  three  thousand  dollars.     [Approved 
by  the  Governor.  March  22,  1843.] 

An  Act  concerning  Probate  Courts  in  the  county  of  Hampden.  CJutp.  29. 

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

Sect.  1.     A  probate  court  shall  be  holden  in  the  county  Times  and  ^^ 
of  Hampden,  at  the  times  and  places  following,  in  each  fng"cmirt  e°nu- 
year,  to  wit :     At  Springfield,  on  the  first  Tuesdays  of  Jan-  merated. 
uary,  February,  March,  April,  May,  July,  September,  No- 
vember, and  December.    At  Westfield,  on  the  second  Tties- 
days  of  March  and  December,  and  the  first  Tuesdays  of  June 


16  1843. Chap.  29—31. 

and  October.    At  Monson,  on  the  second  Tuesday  of  June  : 
and  at  Palmer,  on  the  second  Tuesday  of  September. 
Repeal.  Sect.  2.     So  Hiuch  of  the  fifty-fifth  section  of  the  eighty- 

third  chapter  of  the  Revised  Statutes  as  relates  to  the  times 
and  places  of  holding  the  probate  court  for  the  county  of 
Hampden,  is  hereby  repealed.  [Ajyproved  by  the  Governor, 
March  22,  1S43.] 

C^hflT)     30  -^^  ^^'^  concerning  Charles  River  Bridge  and  Warren  Bridge. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Covrt  assembled,   and  by  the  authority  of 
the  same,  as  follows  : 
Duties  of  Sect.  1.     The  agent  of  the  Charles  River  and  Warren 

agent.  Bridges    shall   pay   over    to    the    treasurer   of    the   Com- 

monwealth, the  balance  of  all  receipts  over  and  above  the 
expenditures  remaining  in  his  hands,  monthly ;  and  shall 
render  to  the  governor  and  council  a  quarterly  account  of 
all  receipts  of  tolls,  and  of  all  other  receipts  on  account  of 
said  bridges,  and  of  all  expenditures  in  relation  thereto, 
the  whole  of  which  receipts  and  expenditures,  of  both 
bridges,  may  be  embraced  in  one  account. 
Investment  by  Sect.  2.  The  treasurer,  after  providing  for  the  payment 
treasurer.  ^^  ^^^  scrip  issucd   to    the   proprietors  of  Charles  River 

Bridge,  shall  cause  to  be  invested,  from  time  to  time,  in 
notes  secured  by  mortgage  of  real  estate  in  this  Common- 
wealth, the  balance  of  the  fund  to  be  raised  for  the  future 
repairs  of  said  bridges,  as  provided  in  the  eighth  section  of 
the  act  of  one  thousand  eight  hundred  and  forty-one,  chap- 
ter eighty-eight. 
Repeal  of  for-  Sect.  3.  All  acts,  or  parts  of  acts,  inconsistent  with  the 
meracts.  foregoing  provisions,  are  hereby  repealed. 

When  to  lake      Sect.  4.     Tliis  act  shall  take  effect  from  and  after  its 
effect.  passage.     [App7^oved  by  the  Govertior,  March  22,  1843.] 

Ohnrt     31  ^^^  ^^"^  ^°  incorporate  the  South  Yarmouth  Academy. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, hi  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Persons  incor-      Sect.  1,    John  Larkiu,  Zeuo  Kelley,  Isaiah  Crowell.  their 
porated.  associates  and  successors,  are  hereby  made  a  corporation, 

by  the  name  of  the  South  Yarmouth  Academy,  to  be  estab- 
lished in  Yarmouth,  in  the  county  of  Barnstable,  with  all 
the  powers  and  privileges,  and  subject  to  all  the  duties,  re- 
strictions and  liabilities,  set  forth  in  the  forty-fourth  chap- 
ter of  the  Revised  Statutes. 
May  hold  real      Segt.  2.     The  Corporation  may  hold  real  and  personal 
and  personal     estate  to  the  amouut  of  ten  thousand  dollars,  to  be  devoted 
ceed\n°-"°^  ^^'  exclusively  to   purposes  of  education.     {Approved  by  the 
$10,000.  Governor,  March  22,  1843.] 


1843. Chap.  32— 33.  17 

An  Act   authorizing  the  First  Congregational  Society  in  Douglas    to   sell   Qfidj),  32. 
lands  belonging  to  their  Society,  and  to  appropriate  the  avails  thereof  w-ith  -^ 

other  funds  of  said  Society. 

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

Sect.  1.  The  first  congregational  society  in  Douglas  is 
hereby  authorized  to  sell,  and  convey  by  deed,  the  whole 
of  the  lands  belonging  to  said  society. 

Sect.  2.     The   said  society  may,   at  any  legal  meeting  May  choose 
called  for  that  purpose,  choose  a  committee  to  make  sale  of  ma^'e^sale— " 
the  whole  of  said  lands,  in  such  way  and  manner  as  will 
best  promote  the  interest  of  said  society;  and  the  committee  —who  shall 
thus  chosen  shall  have   authority  to  execute  and  deliver '^^^'^ P"^*^*; *? 

J        1  T        1  execute  and  de- 

deeds  accordmgly.  liver  deeds. 

Sect.  3.     The  said  society  is  hereby  authorized  to  ap-  The  proceeds 
propriate   all   the   money  received  from  the  sale  of  said  of  these  sales, 
lands,  together  with  all  the  funds  belonging  to  said  society,  }^^-^^^   may'^be 
in  the  purchase  or  procuring  of  a  parsonage  for  the  use  of  appropriated 
the  minister  of  said  society,  for  the  time  being;  jwovided,  Unconformity'^ 
that  nothing  in  this  act  shall  be  construed  to  interfere  with,  with  donors' 
or  in  any  way  contravene,  the  rights  of  the  donor  or  donors  "S^^^®- 
of  said  funds.     \Approved  by  the  Governor,  March  22, 1843.] 

An  Act  to  incorporate  the  Proprietors  of  the  Third  Universalist  Meeting-  QhCLV).  33. 
house  in  Lowell. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Coiirt  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  Joshua  Merrill,  A.  B.  Willoughby,  Otis  Bul- 
lard.  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Proprietors  of  the  Third 
Universalist  Meeting-house  in  Lowell,  with  all  the  powers 
and  privileges,  and  subject  to  the  restrictions,  duties  and 
liabilities,  set  forth  in  the  forty-fourth  chapter  of  the  Revis- 
ed Statutes.  May  hold  prop- 

ocr^c--!  •  11111  1   crty  and  estate. 

Sect.  2.     Said  corporation  may  hold  real  and  personal  the  income  of 
estate,  the  annual  income  of  which,  exclusive  of  such  meet-  '^^'^'^K^li^^lf^*'^ 

'  ,  1      • 1  1       .      1 1  11  r  exceed  $2000 

ing-house  as  they  may  build,  shall  not  exceed  the  sum  oi  annually. 
two  thousand  dollars;    and   said  corporation  may  divide  Capital  stock 
their  whole  capital  stock  into  shares   not   exceeding  four  hlto  shares,^ not 
hundred  in  number ;  provided,  that  no  share  shall  ever  be  exceeding  4oo 
assessed  to  a  larger  sum  in  the  whole  than  fifty  dollars.         Assessments 
Sect.  3.     Said  corporation  may  have  power  to  convey,  not  to  exceed 

„    II  ,•  ^    ^  I  .■  r    iU    •  1   350  per  share. 

sell,  alien  or  mortgage  any  such  portions  ot  their  real  p^^^er  to  sell, 
estate  as  may  be  judged  for  the  interest  of  said  corporation,  mortgage  and 
and  said  corporation  may  sell,  lease,  or  otherwise  dispose  ^ate'^andtcf 
of  the  pews  in  their  meeting-house  as  they  may  think  lease  and  sell 
proper;  provided,  that  the  proceeds  of  the  same  shall  be  ^^j.^^^fggjjg  ^^  ^^g 
applied  exclusively  to  parochial  purposes.  [Approved  by  used  {or  jiaro- 
the  Governor,  March  22,  1843.]  £1.^"'^*""" 


18  1843. Chap.  34—36. 

Chat).   34.  -^^  -^^^  concerning  the  First  Congregational  Society  in  Dudley. 

B£I  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  Ge?ieral  Court  assembled,   and  by  the  authority  of 
the  same,  as  follows  : 
Record  of  their      The  proceedings  of  the  First  Congregational  Society  in 
conTrmed^and    Dudley,  as  recorded  in  their  books  of  record  in  reference  to 
made  valid.       the  past,  are  hereby  confirmed  and  made  valid,   notwith- 
standing any  defects  which  may  appear  to  exist  in  regard 
to  the  administration  of  an  oath  to  the  clerks  of  said  soci- 
ety, or  in  regard  to  the  notification   of  the  meetings  of  the 
same.     [Appj-oved  by  the  Goveimor,  March  22,  1843.] 

Chap.   S3.  An  Act  to  incorporate  the  Lowell  Irish  Benevolent  Society. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloiDs  : 

Sect.  1.  That  Michael  Cassidy,  Patrick  Byrne,  and  John 
Q,uinn,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Lowell  Irish  Benevolent 
Society,  for  charitable  and  benevolent  purposes ;  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. 
May  hold  real  Sect.  2.  The  Said  Corporation  may  take  and  hold  real 
and  personal      r^^y^  persoual  estate  for  the  purposes  aforesaid  to  an  amount 

6St3tG  not  GX-  ^  *  1  JT 

ceeding  uot  exceeding  twenty  thousand  dollars.     [Approved  by  the 

teo,ooo.  Governor,  March  22,  1843.] 

Chat).   3G.  -^^  ^^"^  authorizing  the  County  Commissioners  for  the  County  of  Barnstable 
"'         *       to  lay  out  a  Koad  and  construct  a  Bridge  across  Mill  Creek,  in  the  town  of 
Barnstable. 

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

The  county  commissioners  for  the  county  of  Barnstable 
are  hereby  empowered,  if  in  their  opinion  the  public  ne- 
cessity and  convenience  require  it,  to  lay  out  a  highway, 
and  cause  to  be  constructed  a  sufficient  bridge  across  Mill 
Creek,  or  over  the  causeway  which  crosses  said  creek,  com- 
mencing at  the  termination  of  the  road  laid  out  by  the 
county  commissioners,  near  the  wharf  of  Joseph  W.  Crock- 
er and  others,  and  running  across  said  Mill  Creek  or  cause- 
way to  the  shore,  in  the  town  of  Barnstable ;  and  said 
commissioners,  in  carrying  into  effect  the  provisions  of  this 
act,  shall  in  all  respects  conform  to  the  existing  laws  re- 
lating to  laying  out  common  highways.  [Appi^oved  by  the 
Governor,  March  22,  1843.] 


1843. Chap.  37—39.  19 

An  Act  continuing  the  Commercial  Bank,  in  the  city  of  Boston.  CllttJ).   31 . 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  atid  by  the  authority  of 
the  same,  as  folloivs  : 

The  President,  Directors  and  Company  of  the  Commer-  Continued  one 
cial  Bank,  in  the  city  of  Boston,  are  hereby  continued  a  21^^843^'^^"^ 
body  corporate  for  the  period  of  one  year  from  the  twenty-     ' 
first  day  of  April,  in  the  year  one  thousand  eiglit  hundred 
and  forty-three ;  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.    [Apjjroved 
by  the  Governor,  March  22,  1843.] 

An  Act  in  relation  to  the  Subsistence  of  Convicts  in  the  State  Prison.         Chctp.  38. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows  : 

That  when  the  warden  of  said  prison   shall  judge  the  Warden  may 
same  to  be  necessary,  he  may  make  an  addition  to  the  daily  fowance  to\he 
rations  provided  for  in  the  forty-fourth   section  of  the  one  daily  rations  of 
hundred  and  forty-fourth  chapter  of  the  Revised  Statutes,  <^°'^™^s- 
of  a  quantity  of  meal  not  exceeding  ten  ounces  to  each  con- 
vict, or  the  value  thereof  in  rice  or  vegetables.     [Approved 
by  the  Governor,  March  22,  1843] 

An  Act  requiring  Returns  from  Clerks  of  the  Courts.  Chctp.   39. 

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

Sect.  1.     The  clerks  of  the  several  courts  in  this  Com-  Clerks  of  all 
monwealth,   except  police  courts,   shall,  on  or  before  the  pXce)^t*(fmake 
fifteenth  day  of  .January,  annually,  return  to  the  Secretary  annual  returns 
of  the  Commonwealth,  under  oath,  a  true  account  of  all  to  the  Secretary 

1    1  1  r  11  1  •  ot  the  Com'th 

moneys  received  by  them  irom  all  sources,  by  virtue  of  in  January,  un- 
their  office,  for  the  year  ending  with  the  thirty-first  of  De-  «^eroath,  of  all 

1  '       T  y      .  .       ^  ,  ^  ■        T   r       I-         moneys  receiv- 

cember  preceding,  designating  tlie  amount  received  lor  fees  ed  by  virtue  of 
at  the  several  courts,  for  such  copies  as  they  are  not  re- ^^'^^  °^'=^- 
quired   by  law  to  furnish,  and  from  all  other  sources  ;  also  cembersist,  of 
the  amount  paid  to  the  county  treasurers,  or  the  deficiency  ^^^'^  J^y- 
of  fees  to  pay  their  annual  salar}'-,  agreeable  to  the  seven-  signate  the 
teenth  and  eighteenth  sections  of  the  eighty-eighth  chapter  amount  rec'd 
of  the  Revised  Statutes,  and   the  amount  paid  for  the  ser-  ies  noTre°qu^red 
vice  of  clerks  in  their  respective  offices.    And  the  Secretary  bylaw,  &c. 
shall  lay  said  return  before  the  Legislature. 

Sect.  2.     If  the  clerk  of  any  court  shall  neglect  to  make  Penalty  for  fail- 
the  return  required  in  the  preceding  section,  he  shall  for- "urns"  $200? '^'^ 
feit  the  sum  of  two  hundred  dollars.     [Approved  by  the 
Governor,  March  22,  1843.] 


20  1843. Chap.  40—43. 

Chan    40  ■^^  ■'^^^  concerning  the  Probate  Courts  in  the  County  of  Hampshire. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ m  Ge?ie7'al  Cow't  assembled^  and  by  the  authority  of 
the  same,  as  follows  : 
Court  hereto-  Sect.  1.  The  probate  court  which  is  now  required  by 
fore  held  on  2d  \r^^  ^q  j^g  holden  at  Belchertowii,  in  the  county  of  Hamp- 
Nov^  siLii  be  shire,  on  the  second  Tuesday  of  November,  shall  hereafter 
holden  on  2d      \^q  holdcu  at  Said  Belchcrtown  on  the  second  Tuesday  of 

Tuesday  oi  Oc-  ^        , 

tober.  October. 

Act  of  1836,  Sect.  2.     The  act  in  addition  to  the  eighty-third  chapter 

"^^dto^th^ '^^'  °^  *^^®  Revised   Statutes,   concerning   the  probate  courts, 

matte°,  re-^      passcd  ou  the  sixteenth  day  of  April,  in  the  year  eighteen 

pealed.  hundred   and   thirty-six,    establishing   addiiional   probate 

courts,  to  be  holden  in  Amherst  and  Belchertown,  in  said 

county  of  Hampshire,   is  hereby  repealed.     [Approved  by 

the  Govertior,  March  22,  1843.] 

ChwP'   41 .  -^^  -'^'^^  relating  to  the  Court  of  Common  Pleas. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, ill  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows  : 
The  term  of  C.  Sect.  1.  The  term  of  the  court  of  common  pleas  now 
c.  Pleas  now  Jjolden  for  and  within  the  county  of  Middlesex,  on  the  sec- 
efi,  on^the  2d^'  oud  Monday  of  September,  in  each  year,  at  Lowell,  shall 
Monday  of  Sep-  hereafter  be  holden  at  the  same  place  on  the  first  Monday 

tember,  shall  /■  o       »        t_  •  i 

be  held  on  the    of  September,  m  each  year. 

1st  Monday  of       Sect.  2.     This  act  shall  take  effect  from  and  after  its 

said  month.       passage.     [A2Jproved  by  the  Governor,  March  22,  1843.] 

Chcip.  42.  An  Act  to  incorporate  the  Union  Mutual  Fire  Insurance  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Rejjresenta- 
tives,  in  Ge?ieral  Coiirt  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Persons  incor-        Edward  A.  Raymond,   Simon  W.  Robinson  and  David 
porated.  Kimball,  their  associates  and  successors,  are  hereby  made 

a  corporation,  by  the  name  of  the  Union  Mutual  Fire  In- 
surance Company  in  Boston,  for  the  purpose  of  making 
insurance  upon  any  building,  stock,  tools  and  furniture 
Powers  and  whatsoever  within  this  Commonwealth,  with  all  the  pow- 
prmieges.  ^^.^  ^^^^  privileges,  and  subject  to  all  the  duties  and  liabili- 
ties, set  forth  in  the  thirty-seventh  and  forty-fourth  chap- 
ters of  the  Revised  Statutes,  passed  on  the  fourth  day  of 
November,  in  the  year  one  thousand  eight  hundred  and 
thirty-five,  and  to  continue  for  the  term  of  twenty-eight 
years.     [Approved  by  the  Governor,  March  22,  1843.J 

ChaV    43.      -^^  -^^"^  ^°  repeal  the  Act  establishing  the  Board  of  Bank  Commissioners. 
BE  it  enacted  by  the  Senate  and  House  of  Represeiita- 

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

the  same,  as  follows  : 
Bank  Com'rs         Thg  act  passcd  the  twenty-third  day  of  February  in  the 

abolished.  ^ 


1843. Chap.  43—46.  21 

year  eighteen  hundred  and  thirty-eight,  entitled  An  Act 
providing  for  the  appointment  of  Rank  Commissioners,  is 
hereby  repealed.  [Approved  by  the  Governor,  March  23, 
1843.] 

An  Act  to  incorporate  the  St.  Vincent's  Orphan  Asylum.  Chcip.   44. 

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

Sect.  1.  Thomas  Murphy,  Lawrence  Nichols  and  Wm. 
J.  McUonell,  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  the  St.  Vincent's  Orphan 
Asylum,  for  the  purpose  of  maintaining  destitute  female  —to  maintain 
orphans,  with  all  the  powers  and  privileges,  and  subject  to  ^aie^orhans 
all  the  liabilities,  restrictions  and  requirements,  set  forth 
in  the  forty-fourth  chapter  of  the  Revised  Statutes. 

Sect.  2.     The  said  corporation  may  take  and  hold  real  ™fay  hold  real 
and  personal  estate,  for  the  purpose  aforesaid,  to  an  amount  estate^nouoex- 
not   exceeding   fifty  thousand   dollars.      [Approved  by  /Ae  ceed  $50,000. 
Governor,  March  23,  1843.] 

An  Act  to  establish  a  Fire  Department  in  the  town  of  Newton.  ChctlJ.    45. 

BJE  it  enacted  by  the  Setiate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

The  selectmen  of  the  town  of  Newton  are  hereby 
authorized  to  establish  a  fire  department  in  said  town, 
in  the  manner  and  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  department,  when  so 
established,  and  the  several  members  thereof,  and  all  the 
officers  and  companies  appointed  by  them,  and  the  said 
town  of  Newton  and  the  inhabitants  thereof,  shall  be  sub- 
ject to  all  the  duties  and  liabilities,  and  be  entitled  to  all 
the  privileges  and  exemptions,  specified  in  said  act,  so  far 
as  the  same  relate  to  them  respectively.  [Approved  by  the 
Governor,  March  23,  1843.] 

An  Act  relating  to  a  Highway  and  Bridge  over  Powow  River.  ChttV.   46. 

BE  it  enacted  by  the  Senate  and  House  of  Rejiresenta- 
tives,  in  General  Cow't  assembled,  and  by  the  authority  of 
the  sa?ne,  as  folloios  : 

The  second  proviso  in  the  first  section  of  an  act  entitled 
an  Act  authorizing  a  Highway  and  Bridge  over  Powow 
River,  passed  on  the  third  day  of  March,  in  the  year  one 
thousand  eight  hundred  and  forty-two,  is  hereby  repealed. 
[Approved  by  the  Governor,  March  23,  1843.] 


22  1843. Chap.  47—49. 

Clldt).    47.  ^^  ■^'^'^  '■^  authorize  Jonathan  T.  Carlton  to  erect  and  maintain  a  Bridge 
^'  '  across  the  North  River,  in  Salem,  being  navigable  waters. 

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

Sect.  1.     Said  Carlton  may  erect  and  maintain  a  bridge 

over  the  North  River,  in  Salem,   in  the  county  of  Essex, 

beginning  at  the  foot  of  Dean  street,   on   land   of  the  city, 

Assent  of  Sa-  first  obtaining  their  assent,  and  to  terminate  on  said  Garl- 

obtain°ed.'^    ^^^  ton's  land,  on  the  opposite  side  of  the  river. 

Said  Carlton  to      Sect.  2.     Said  Carhon  shall  make  and  maintain  a  draw, 

maintain  a        ^t  the  channel  of  said  river,  of  the  width  that  the  draw  is 

waste-way—     at  the  foot  of  Central  street,  over  the  South  river,  in  Salem, 

and  shall  leave  an  open  space  each  side  of  the  draw,  of  the 

width  of  twenty  feet,    for  the  passage  of  the  water,   and 

expense^ o^f^^^  shall  be  at  the  expense  of  opening  the  draw  at  all  times, 

opening  the       for  the  passagc  of  vessels,  and  shall  raise  the  same  imme- 

draw,  at  all      djately  ou  being  thereto  reasonably  requested. 

times,  lor  pas-  ■>  mi  •  ^r-^i  in  i  -ii 

sage  of  vessels.  Sect.  3.  The  City  01  Salem  shall  not  be  responsible,  in 
Without  cost  any  manner,  for  the  maintenance  of  the  same,  or  at  any 
to  Salem—        charge  or  expense  on  account  of  said  bridge,  unless  by  the 

express  assent  of  the  city  council. 
—and  may  re-        Sect.  4.    Said  Carltou,  or  his  assigns,  may  cause  the  said 
TOntfnue  At      bridge  to  be  taken  away,  or  the  use  of  it  to  be  discontinued, 
bridge  when  he  whenever  he  or  they  may  judge  proper.     [Appi^oved  by  the 
pleases.  Govemor,  March  23,  1843.] 

Chnr)    4R  -^^^  -^^^  ^°  change  the  name  of  the  Stockbridge  Academy. 

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

Name  changed.  The  institution  erected  in  the  town  of  Stockbridge,  in  the 
county  of  Berkshire,  by  an  act  of  the  eleventh  day  of 
March,  eighteen  hundred  and  twenty-eight,  by  the  corpo- 
rate name  of  the  Stockbridge  Acadeni)^,  may,  on  and  after 
the  passage  of  this  act,  take  the  corporate  name  of  the 
Williams  Academy,  and  by  that  name  shall  be  known  and 
called.     [Approved  by  the  Governor,  March  23,  1843.] 

ChaV.   49.  ^^  ^^'^  ''°  incorporate  the  Boston  Society  for  the  diffusion  of  information 
-I  '  *  among  Emigrants. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios  : 
Persons  incor-        Sect.  1.     Jamcs  Boyd,  J.  W.  Jamcs.  Samuel  A.  Eliot, 
porated.  their  associates  and  successors,  are  hereby  made  a  corpora- 

tion, by  the  name  of  the  Boston  Society  for  the  diffusion  of 
information  among  Emigrants,  for  the  purpose  of  dissemi- 
nating information,  and  giving  useful  advice,  to  foreigners 
who  have  arrived,  or  are  desirous  of  emigrating  to  the 
United  States,  with  all  the  powers  and  privileges,  and  sub- 


1843. Chap.  49—50.  23 

ject  to  all  the  duties,  liabilities  and  restrictions,  set  forth  in 
the  forty-fourth  chapter  of  the  Revised  Statutes,  so  far  as 
the  same  are  applicable  to  said  corporation. 

Sect.  2.     The  said  corporation  may  take  and  hold   real  Estate. 
and  personal  estate,  for  the  purpose  aforesaid,  to  an  amount 
not  exceeding  forty  thousand  dollars.     [Ajijjroved  by  the 
Governor,  March  23,  1843.] 

An  Act  in  addition  to  an  Act  to  incorporate  certain  persons  for  the  purpose  of  CfldT),   50. 
building  a  bridge  over  Merrimack  River,  in  the  County  of  Middlesex,  be-  -^ 

tween  the  towns  of  Dracut  and  Chelmsford. 

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

Sect.  1.  The  proprietors  of  Central  Bridge,  their  sue-  f/bnd'e""^'"'' 
cessors  and  assigns,  are  hereby  authorized  to  reconstruct 
their  bridge  over  Merrimack  river,  in  the  manner  and  of 
the  materials  and  dimensions  prescribed  in  the  act  to 
which  this  is  in  addition,  and  that  when  said  bridge  is  com- 
pleted, the  clerk  of  said  proprietors  shall  make  a  return  of 
the  actual  expenses  incidental  to  the  reconstruction  thereof, 
into  the  office  of  the  Secretary  of  this  Commonwealth. 

Sect.  2.  Said  proprietors,  for  the  purpose  of  reconstruct-  Expenses,  how 
ing  said  bridge  and  defraying  the  expenses  incidental  there-  ^o  ^^  defrayed. 
to,  are  hereby  authorized  to  assess  upon  the  stockholders  of 
said  corporation,  a  sum  not  exceeding  nine  thousand  dol- 
lars, or  to  create  new  stock  to  that  amount,  as  may  be  deter- 
mined by  a  majority  of  said  proprietors,  at  a  legal  meeting 
specially  notified  for  that  purpose. 

Sect.  3.  The  sum  of  ten  thousand  dollars,  being  a  por-  Capital  stock. 
tion  of  the  cost  of  the  original  bridge,  not  yet  reimbursed 
and  repaid  to  said  proprietors  under  said  original  act,  to- 
gether with  the  sum  that  shall  be  expended  in  and  about 
the  reconstruction  thereof,  shall  hereafter  constitute  the 
capital  stock  of  said  proprietors,  deducting,  from  said  ten 
thousand  dollars,  such  sums  as  may  be  received  for  tolls, 
exclusive  of  expenses,  between  the  time  of  their  dividend, 
in  January,  eighteen  hundred  and  forty-three,  and  the  time 
this  act  shall  take  effect,  and  shall  be  divided  into  two  hun- 
dred shares. 

Sect.  4.  For  the  purpose  of  remunerating  and  repaying  Rates  of  toll. 
to  said  proprietors,  their  successors  and  assigns,  said  sum 
of  ten  thousand  dollars,  and  the  money  to  be  by  them  ex- 
pended in  the  reconstruction  and  maintenance  of  said 
bridge,  a  toll  is  hereby  granted  for  and  during  the  term  of 
twenty  years,  for  the  sole  use  and  benefit  of  said  proprie- 
tors, at  the  following  rates,  to  wit :  For  two  oxen  and  a 
cart,  waggon  or  sled,  four  cents ;  for  four  oxen,  with  the 
same,  six  cents;  for  a  horse  and  cart,  or  sled,  three  cents; 
for  two  or  three  horses,  with  a  cart,  waggon  or  sled,  four 
cents;  for   four  or  five  horses,  with  a  cart,  waggon  or  sled, 


24  1843. Chap.  50. 

six  cents;  for  a  horse  and  rider,  two  cents;  for  a  waggon, 
cart  or  sled,  with  two  oxen  and  one  horse,  four  cents;  for 
the  same  with  four  oxen  and  one  horse,  six  cents ;  for  the 
same,  with  six  oxen  or  horses,  seven  cents;  for  the  same, 
with  seven  oxen  or  horses,  eight  cents ;  for  the  same,  with 
eight  oxen  or  horses,  nine  cents  ;  for  a  horse  and  gig,  wag- 
gon or  sleigh,  three  cents ;  for  two  horses  with  a  gig,  wag- 
gon or  sleigh,  four  cents;  for  horses  driven  or  led,  per  head, 
one  cent ;  for  horned  cattle,  per  score,  twelve  cents ;  for 
sheep  or  swine,  per  score,  three  cents ;  and  for  all  other 
kinds  of  travel,  the  same  rates  which  are  now  taken  at 
said  bridge,  except  that  persons  on  foot  shall  be  wholly  free 
of  toll ;  which  toll  the  said  proprietors  are  hereby  author- 
ized to  collect  from  and  after  the  time  when  this  act  takes 
Proviso.  effect :  'provided^  nevertheless,  that  whenever  the  tolls  col- 

lected under  this  act  shall  have  amounted  to  a  sum  equal 
to  the  capital  stock  of  said  proprietors,  as  herein  constituted, 
together  with  interest  thereon,  at  the  rate  of  nine  per  cen- 
tum per  annum,  and  the  repairs,  and  expenses  of  maintain- 
ing the  said  bridge,  the  said  bridge  shall  revert  to  the  Com- 
monwealth for  public  use,  unless,  prior  thereto,  the  said 
proprietors  shall  be  reimbursed,  and  said  bridge  opened 
according  to  the  terms,  and  by  the  authority  granted  in  the 
original  charter;  and  said  proprietors  shall  be  forever  after 
free  from  any  liabilities  or  responsibilities  in  relation 
thereto. 
Rights  of  the  Segt.  5.  The  Legislature  shall  have  the  right,  at  the 
Legislature.  expiration  of  said  term  of  twenty  years,  to  regulate  anew 
the  rates  of  toll  established  by  this  act:  provided,  however, 
that  the  said  tolls  shall  not  be  reduced,  so  as  to  yield  to 
said  proprietors  an  annual  income  of  less  than  nine  per  cen- 
tum upon  said  capital  stock,  in  addition  to  the  expenses  of 
repairs  and  maintenance  of  said  bridge. 
Other  rights  Sect.  6.     This  act  shall  not  impair  the  rights  of  any 

preserved.  persou  or  Corporation  acquired  imder  any  contract  made 
with  said  proprietors ;  and  the  said  proprietors  shall  not, 
by  reason  of  any  existing  contract,  require  any  person 
to  pay  any  higher  rate  of  tolls  than  that  hereby  estab- 
lished. 

Sect.  7.     The  provisions  of  said  original  act  of  incorpo- 
ration, so  far  as  the  same  are  inconsistent  with  this  act, 
are  hereby  repealed. 
When  to  take      Sect.  8.     This  act  shall  take  effect  when  accepted  by  the 
effect.  said  proprietors,  and  the  city  of  Lowell,  at  legal  meetings 

of  the  respective  corporations,  to  be  holden  within  thirty 
days  from  the  final  passage  of  this  act.  [Approved  by  the 
Governor,  March  23,  1843.] 


1843. Chap.  51—53.  25 

An  Act  to  incorporate  tlie  First  Christian  Baptist  Society,  in  Westport.        CflttV-    51. 

BE  it  enacted  by  the  Sejiate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  sa7ne,  as  folloics  : 

Sect.  1.  William  Taylor,  Howland  Tripp,  Benjamin  Persons  incor- 
Tripp,  Jeremiah  J.  Thomson,  William  Taber,  Christopher  ported. 
A.  Church,  their  associates  and  successors,  are  hereby  made 
a  corporation,  by  the  name  of  the  First  Christian  Baptist 
Society,  in  Westport,  with  all  the  powers  and  privileges, 
and  subject  to  all  the  duties,  restrictions  and  liabilities 
contained  in  the  twentieth  and  forty-fourth  chapters  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,  the  annual  income  of  which  shall  be  appropriated 
to  parochial  purposes.     [Approved  by  the  Governor,  March 
23,  1843.] 

An  Act  to  incorporate  the  Harvard  Street  Baptist  Society,  in  the  city  of  C/h(tp.   52. 

Boston.  ^ 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam,e,  as  folloiDs  : 

Sect.  1.  From  and  after  the  passage  of  this  act.  the  reli-  Namechanged. 
gious  society  in  Boston,  heretofore  known  as  the  Boylston 
Street  Baptist  Society,  shall  be  known  and  called  by  the 
name  of  the  Harvard  Street  Baptist  Society,  and  as  such,  are 
hereby  made  a  body  corporate,  and  authorized  and  em- 
powered to  take  by  purchase  and  hold  a  certain  piece  or 
parcel  of  real  estate,  situate  at  the  corner  of  Harrison  ave- 
nue and  Harvard  street,  in  said  Boston,  whereon  the  church 
is  now  built,  for  the  use  of  said  society,  and  the  same 
again  to  sell,  mortgage,  or  otherwise  dispose  of  as  they  may 
see  tit. 

Sect.  2.     Said  society  shall  have  power  to  hold  real  and  Estate. 
personal   estate   not   exceeding    ten    thousand   dollars    in 
amount,  (exclusive  of  the  cost  or  value  of  their  meeting- 
house and  land  on  which  it  stands  :)  provided  the  income 
thereof  be  appropriated  to  parochial  purposes. 

Sect.  3.  Said  society  shall  have  all  the  powers  and  priv- 
ileges, and  shall  be  subject  to  all  the  duties  and  liabilities 
by  law  incident  to  religious  societies  legally  established  in 
this  Commonwealth.  [Approved  by  the  Governor,  March 
23,  1843.] 

An  Act  to  incorporate  the  Proprietors  of  the  Chehnsford  Centre  Meeting-   QhcLT).   53. 

house.  ■^' 

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

Sect.  1.     Eli  F.  Webster,  Amos  Carlton,  John  C.  Bart-  Persons  incor- 

.  '  '  porated. 


26 


1843.- 


-Chap.  53—54. 


lett,  their  associates  and  successors,  are  liereby  made  a  cor- 
poration, by  the  name  of  "  the  Proprietors  of  the  Chelmsford 
Centre  Meeting-house,"  with  all  the  powers  and  privileges, 
and  subject  to  all  the  restrictions,  duties  and  liabilities,  set 
forth  in  the  forty-fourth  chapter  of  the  Revised  Statutes. 

^^t^t^-  Sect.  2.     Said  corporation  may  hold  real  and  personal  es- 

tate, the  annual  income  of  which,  exclusive  of  their  meet- 
ing-house, shall  not  exceed  the  sum  of  one  thousand  dol- 
lars;  and  may  divide  their  capital  stock  into  shares  not 

Proviso.  exceeding   three   hundred  in   number :   pi^ovided,  that  no 

share  shall  ever  be  assessed  to  a  larger  sum  in  the  whole 
than  thirty  dollars. 

Sect.  3,  Said  corporation  may  have  power  to  sell,  con- 
vey, alien,  or  mortgage  any  such  portions  of  their  real  es- 
tate as  may  be  judged  for  the  interest  of  said  corporation  ; 
and  may  sell,  lease,  or  otherwise  dispose  of  the  pews  in 
their  meeting-house  as  they  may  think  proper :  'provided^ 
that  the  proceeds  of  the  same  shall  be  applied  to  parochial 
purposes.     [Ajjproved  by  the  Governor^  March  23,  1843.] 

An  Act  relating  to  the  Norfolk  and  Bristol  Turnpike  Corporation. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled y  and  by  the  authority  of 
the  same^  as  folloios  : 

The  Norfolk  and  Bristol  Turnpike  Corporation  are  here- 
by authorized  to  surrender  their  charter  granted  by  the  act 
of  March  eighth,  in  the  year  one  thousand  eight  hundred 
and  two,  and  the  same  is  hereby  repealed  accordingly. 
And  the  said  corporation  are  no  longer  authorized  to  receive 
any  tolls  on  the  road  which  they  made  under  and  by  virtue 
of  said  act,  or  to  claim  any  right  or  interest  whatever  in  the 
soil  and  freehold  of  the  land  over  which  said  road  passes, 
and  they  are  relieved  from  their  obligation  to  keep  the  same 
Proviso.  in  repair  :  provided^  that  this  act  is  not  to  interfere  with  the 

right  of  the  county  commissioners  for  the  county  of  Norfolk 
to  lay  out  that  part  of  said  road  as  a  common  highway,  which 
they  have  already  adjudged  that  the  public  convenience  re- 
quires should  be  so  laid  out,  between  Dedham  court-house 
and  the  northerly  line  of  Foxborough,  and  for  which  they 
are  to  allow  the  said  corporation  certain  damages  by  agree- 
ment, and  that  the  other  towns  or  the  counties  through 
which  said  road  passes  between  the  northerly  line  of  Fox- 
borough  and  Pawtucket  bridge  may,  if  they  see  fit^  at  any 
time  within  one  year  from  the  passage  of  this  act,  respec- 
tively, lay  out  the  same  through  their  respective  towns  or 
counties  as  a  common  highway,  and  the  said  corporation 
are  to  claim  no  damages  therefor,  \^Approved  by  the  Gov- 
ernor, March  23,  1843.] 


Chap.  54. 


Surrender  of 
charter. 


1843. Chap.  55—57.  27 

An  Act  relating  to  Costs  in  Civil  Actions.  Chcip.  5B. 

BE  it  etiacted  by  the  Senate  and  House  of  Rejpresenta- 
iives,  in  General  Court  assembled,  aiid  by  the  authority  of 
the  same,  as  follows : 

In  all  civil  actions  now  pending,  or  which  may  be  here- 
after entered  in  any  court  of  this  Commonwealth,  in  which 
the  bankruptcy  of  the  defendant  shall  be  pleaded,  and  such 
action  shall  be  discontinued,  or  the  plaintiff  nonsuited  sole- 
ly in  consequence  of  such  plea,  the  defendant  shall  recover 
no  cost  against  the  plaintiff.  [Approved  by  the  Governor^ 
March  23,  1843.] 

An  Act  concerning  Sureties  in  Probate  Bonds.  ChttV*   5Q. 

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

Sect.  1.     Any  surety  in  a   bond  given  to  the  judge  of  Maybedis- 
probate  may,  at  any  time,  upon  his  petition  to  the  supreme  111^01! to  probate 
judicial  court,  or  the  probate  court,  be  discharged  from  all  court- 
further  responsibility  upon  such  bond,  if  the  court,  after  due  —^^^f^  due  no- 
notice  to  all  persons  interested,  shall  think  it  reasonable  and  tMnkreasona- 
proper  to  discharge  him ;  and  the  principal  shall  thereupon  ble. 
give  a  new  bond,  with  such  surety  or  sureties  as  the  court  give"ew  sure- 
shall  judge  sufficient.  ties— 

Sect.  2.  If,  in  any  case,  the  principal  shall  not  give 
such  new  bond,  Avithin  such  time  as  shall  be  ordered  by  the 
court,  he  shall  be  removed  from  his  trust,  and  some  other  "<"■  '^e  re- 

'  ,  -.i-i-.i  !i  •  ^  moved  and  new 

person  may  be  appomted  ni  his  stead,  as  the  circumstances  trustee  appoint- 
of  the  case  may  require.  ^d 

Sect.  3.     When  a  new  bond  shall  be  required,  as  above  Old  sureties  to 
provided,  the  sureties  in  the  prior  bond  shall  nevertheless  be  untirne^w  bond 
liable  for  all  breaches  of  the  condition  committed  before  the  is  accepted, 
new  bond  shall  be  approved  by  the  judge  of  probate.     [Ap- 
proved by  the  Goverjior,  March  23,  1843.] 

An  Act  to  incorporate  the  New  England  Fire  and  Marine  Insurance  Com-   ChCLT)    57 

pany.  -T* 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam,e,  as  follows  : 

Sect.  1.  James  Hall,  Robert  B.  Storer,  Andrew  Cun-  Persons  incor- 
ningham,  their  associates,  successors  and  assigns,  be,  and  ^°"^^  ^ 
they  are  hereby  made  a  body  politic,  by  the  name  of  the 
New  England  Fire  and  Marine  Insurance  Company,  for 
the  purpose  of  making  maritime  loans,  and  insurance 
against  maritime  losses,  and  losses  by  fire,  in  the  usual  and 
customary  manner,  with  all  the  privileges  and  subject  to 
all  the  duties  and  obligations  contained  in  the  thirty-seventh 
and  forty-fourth  chapters  of  the  Revised  Statutes,  and  in 
the  thirty-fifih  and  one  hundred  seventy-eighth  chapters 
of  the  acts  of  the  year  one  thousand  eight  hundred  and 


28 


1843.- 


-Chap.  57—59. 


thirty-eight,  for  the  term  of  twenty  years  after  the  passing 
of  this  act. 

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  fifty  thousand 
dollars,  excepting  such  as  may  be  taken  for  debt,  or  held 
as  collateral  security  for  money  due  said  company. 

Capital  stock.  Sect.  3.  The  Capital  stock  of  said  company  shall  be  one 
hundred  and  fifty  thousand  dollars,  to  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  president  and  directors  of  said  compa- 
ny shall  order  and  appoint.  [App?'ovecl  by  the  Goveimor^ 
March  23,  1843.] 

Ch(tf)>  58.      -A-ii  Act  to  incorporate  the  Boston  Roman  Catholic  Mutual  Relief  Society. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  saine^  as  folloiDS : 

Persons  incor-      Sect.    1.      Thomas    Murphy,    Patrick    Donahoe,    John 

porated.  Rovvan,  their  associates  and  successors,  are  hereby  made  a 

corporation,  by  the  name  of  the  Boston  Roman  Catholic 
Mutual  Relief  Society,  for  the  purpose  of  affording  mutual 
charitable  relief,  with  all  the  powers  and  privileges,  and 
subject  to  all  the  liabilities,  restrictions  and  requirements 
set  forth  in  the  forty-fourth  chapter  of  the  Revised  Sta- 
tutes. 

Estate.  Sect.  2,     The  said  corporation  may  take  and  hold  real 

and  personal  estate  to  an  amount  not  exceeding  fifty  thou- 
sand dollars  for  the  purpose  aforesaid.  \Approved  by  the 
Governor,  March  23,  1843.] 

An  Act  to  incorporate  the  Proprietors  of  the  First  Universalist  Meeting- 
house in  Worcester. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  folloivs  : 

Sect.  1.  Samuel  D,  Harding,  Joseph  Pratt,  Edward  B. 
Rice,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Proprietors  of  the  First 
Universalist  Meeting-house  in  Worcester,  with  all  the  pow- 
ers and  privileges,  and  subject  to  all  the  restrictions,  duties 
and  liabilities,  set  forth  in  the  forty-fourth  chapter  of  the 
Revised  Statutes. 

Sect.  2.  Said  corporation  may  hold  real  and  personal 
estate,  the  annual  income  of  which,  exclusive  of  their 
meeting-house,  shall  not  exceed  the  sum  of  one  thousand 
dollars,  and  said  corporation  may  divide  their  Avhole  capital 
stock  into  shares  not  exceeding  four  hundred  in  number; 
provided  that  no  share  shall  ever  be  assessed  to  a  larger 
sum  in  the  whole  than  fifty  dollars. 

Sect.  3.     Said  corporation  may  have  power  to  sell,  con- 


Chap.  59. 


Persons    incor- 
porated. 


Estate. 


Capital  stock. 


1843. Chap.  59—62.  29 

vey,  alien,  or  mortgage  any  such  portions  of  their  real  ^°^lll^^°^  '^°"'' 
estate,  as  maybe  judged  for  the  interest  of  said  corporation,  ^'^^'^ 
and  said  corporation  may  sell,  lease,  or  otherwise  dispose 
of  the  pews  in  their  meeting-house  as  they  may  think  prop- 
er ;  provided,  that  the  proceeds  of  the  same  shall  be  ap- 
plied exclusively  to  parochial  purposes.  [Approved  by  the 
Governor^  Blarclt  23,  1843.] 

An  Act  to  authorize  the  Equitable  Safety  Insurance  Company  to  divide  the   Qfidp,  gQ. 

interest  upon  their  invested  funds.  ■*  * 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled^  arid  by  the  authority  of 
the  same,  as  folloivs  : 

The  Equitable  Safety  Insurance  Company  are  hereby 
authorized  to  divide  the  interest  or  income  that  may  accrue 
from  the  investment  of  their  funds,  made  according  to  law, 
whenever  and  so  long  as  those  funds  shall  amount  to  one 
hundred  and  fifty  thousand  dollars,  among  those  who  are 
or  may  be  entitled  to  the  same,  agreeably  to  the  by-laws  of 
said  corporation.  [Approved  by  the  Governor,  March  23, 
1843.] 

An  Act  in  addition  to  an  Act  entitled  an  Act  relating  to  the  Court  of  Com-   C/h(ip.   61. 
mon  Pleas  and  the  Municipal  Court  of  the  city  of  Boston. 

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

Sect.  1.     All  costs  arising  in  criminal  prosecutions,  in  Costs  ui  mum- 

o  X  ^^         cipal  court  to  be 

the  said  municipal  court  shall  be  taxed  by  the  prosecuting  taxed  by  prose- 
officer  according  to  law,  and  the  allowance  thereof  shall  be  cutmg  officer, 

.  ^     t  ■,         111  1  1         T  •  n     1  ^   and  certined  by 

certified  by  the  clerk,  under  the  direction  of  the  court,  and  clerk- 
copies  thereof  transmitted  to  the  county  treasurer,  as  now  —copies  to  be 

•  1      1   1        1  1         •  1     ^  111  /i  sent  to  county 

prescribed  by  law,  and  said   treasurer  shall   pay  the  same  treasurer,  who 
upon  such  certificate  and  copies.  shall  pay  the 

Sect.  2.  The  judges  of  said  court  of  common  pleas  shall  judges  of  the 
not,  nor  shall  either  of  them,  be  required  to  do  that  part  of  c.  c.  p  not  to 
the  duty  prescribed  by  law  to  be  done  by  the  judge  of  the  the  board  o?ac- 
municipal  court,  either  as  a  member  of  the  board  of  ac-  counts  nor  in- 
counts,  or  as  one  of  the  inspectors  of  prisons  in  the  county  onrinSi^^Co' 
of  Suffolk. 

Sect.  3.     All  acts  and  parts  of  acts  inconsistent  with  this  Repeal  of  prior 
act,  and  the  act  to  which  this  is  in  addition,  are  hereby  re-  acts,&,c. 
pealed.     [Approved  by  the  Governor,  March  23,  1843.] 

An  Act  to  continue  in  force  an  Act  to  incorporate  the  Washington  Fire  and  C/llttp.   62. 
Marine  Insurance  Company.  ^ 

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

The  act  of  the  year  one  thousand  eight  hundred  and 
twenty-four,  incorporating  the  Washington  Fire  and  Ma- 
rine  Insurance   Company,    shall    be   and  remain  in  force 


30  1843. Chap.  62—64. 

for  the  term  of  twenty  years  from  the  seventh  day  of 
February,  in  the  year  one  thousand  eight  hundred  and 
forty-four ;  and  the  said  corporation,  with  the  title  of  the 
Washington  InsuranceCornpany,  shall  be  continued  through 
that  terra,  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  sev- 
enty-eighth chapters  of  the  acts  of  the  year  one  thousand 
eight  hundred  and  thirty-eight.  [Approved  by  the  Gov- 
ernor, March  23,  1843.] 

Chap.  63.  An  Act  in  addition  to  an  Act  to  incorporate  the  Trustees  of  the  Ministerial 
Fund  in  the  First  Parish  in  Cambridge,  passed  December  ninth,  eighteen 
hundred  and  sixteen. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Appropriation  From  and  after  the  passing  of  this  act,  the  trustees  in- 
thoHzed!'^  ^"  corporated  by  the  act  to  which  this  is  additional,  and  their 
successors  are  hereby  authorized  and  required  to  appropri- 
ate the  whole  of  the  annual  income,  or  interest  of  those 
parts  of  the  said  fund,  in  relation  to  which  the  donor  or 
donors  have  not  prescribed  or  shall  not  prescribe  the 
manner  of  appropriation,  in  like  manner,  and  for  hke 
purposes  as  they  are  now  authorized  in  and  by  the  act  to 
which  this  is  additional,  to  appropriate  two  thirds  of  the  an- 
nual interest  or  income  of  the  said  fund,  any  thing  in  the 
said  act  to  the  contrary  notwithstanding.  [Approvedby  the 
Governor,  March  23,  1843.] 

An  Act  to  authorize  the  First  Parish  in  Methuen  to  tax  the  Pews  in  their 
Meeting-house. 


Chap.  64. 


assessment. 


BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloics  : 
Specification  of  The  first  parish  or  congregational  society  in  Methuen  is 
hereby  authorized  to  assess  upon  the  pews  in  the  meeting- 
house of  said  society  (the  proprietors  of  said  pews  having 
assented  thereto),  according  to  a  valuation  of  said  pews 
which  shall  first  be  agreed  upon  by  said  parish,  and  re- 
corded, any  sum  or  sums  of  money  which  shall  hereafter 
be  voted  to  be  raised  by  said  parish  for  the  support  of  pub- 
lic worship  and  for  the  repairs  of  their  meeting-house  ;  and 
all  such  assessments  may  be  collected  in  the  manner  pro- 
vided by  the  thirty-second,  thirty-third  and  thirty-fourth 
sections  of  the  twentieth  chapter  of  the  Revised  Statutes. 
[Approved  by  the  Governor,  3Iarch  23,  1843.] 


1843. Chap.  65—66.  31 

An  Act  to  establish  an  Aqueduct  for  the  State  Lunatic  Hospital.  CIlCLT).  65. 

BE  it  enacted  by  the  Senate  and  House  of  Repi^esenta- 
tives,  in  General  Conrt  asseTnhled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  Trustees  of  the  State  Lunatic  Hospital,  Lands  to  be 
to  supply  that  institution  with  pure  and  wholesome  water,  app''°P"ated. 
may  establish  and  maintain  an  aqueduct  in  the  town  of 
Worcester;  and  for  that  purpose  they  are  hereby  author- 
ized and  empowered  to  enter  upon,  take  possession  of,  and 
hold,  so  much  of  the  lands  situate  on  the  westerly  side  of 
Mill  Stone  Hill,  owned  by  Frederick  W.  Paine,  his  wife 
and  children,  and  all  such  springs  of  water  in  said  lands, 
and  to  dig  and  make  such  wells  and  reservoirs  thereon,  and 
to  lay  and  maintain  such  pipes  and  conductors  of  water 
through  and  across  all  lands,  streets  and  ways  between  said 
springs,  wells  and  reservoirs  and  the  State  Lunatic  Hospi- 
tal, for  the  conveyance  of  water  to  said  hospital,  as  maybe 
necessary  to  carry  into  effect  the  objects  of  this  act.  And  Compensation 
if  any  proprietor  of,  or  person  interested  in,  any  lands,  pro^^^ied'fo^^ 
springs,  or  water,  which  may  be  taken  by  said  trustees  for 
all  or  any  of  the  purposes  aforesaid,  do  not  agree  with  said 
trustees  on  the  price  to  be  paid  therefor,  such  proprietor  or 
person  interested  may  have  his  damages  assessed  in  the 
manner  provided  in  the  one  hundred  and  sixteenth  chapter 
of  the  Revised  Statutes.  And  the  said  trustees,  in  all  cases 
when  they  do  not  acquire  title  to  the  lands  for  the  purposes 
aforesaid  or  to  a  privilege  or  easement  therefor  by  convey- 
ance, shall  cause  a  certificate,  describing  the  land  or  the 
privilege  or  easement  so  taken  and  signed  by  them,  to  be  re- 
corded in  the  registry  of  deeds  for  the  county  of  Worcester. 

Sect.  2.  Any  person  who  shall  wilfully  or  maliciously  Punishment  of 
defile,  corrupt  or  make  impure  any  spring  or  other  source  trespassers. 
of  water  or  reservoir,  used  by  said  trustees  as  aforesaid,  or 
destroy  or  injure  any  pipe,  conductor  of  water  or  other 
property  pertaining  to  such  aqueduct,  and  any  person  who 
shall  aid  or  abet  in  any  such  trespass,  shall  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars,  or  by  imprison- 
ment for  a  term  not  exceeding  one  year.  [Approved  by  the 
Governor,  March  23,  1843.] 

An  Act  in  relation  to  the  Support  of  Convicts.  ChttT).  66. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Conrt  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  Whenever  any  person  shall  be  committed  to 
the  house  of  correction  in  any  county  for  any  offence  men- 
tioned in  the  fifth  section  of  the  one  hundred  and  forty-third 
chapter  of  the  Revised  Statutes,  and  the  person  so  com- 
mitted shall  have  a  legal  settlement  in  any  town  in  this 
Commonwealth,  it  shall  be  the  duty  of  the  master,  keeper. 


32  1843. Chap.  66—68. 

or  overseers  of  such  house  of  correction  immediately  to  no- 
tify the  selectmen  of  such  town  in  writing,  by  mail  or  oth- 
erwise, of  such  commitment. 

Sect.  2.  Whenever  any  person  shall  be  committed  to 
any  house  of  correction  in  this  Commonweahh  for  any 
offence  not  mentioned  in  the  fifth  section  of  the  one  hun- 
dred and  forty-third  chapter  of  the  Revised  Statutes,  the 
expense  of  his  safe  keeping,  support  and  maintenance  shall 
not  be  recoverable  against  any  town  in  this  Commonwealth, 
but  shall  be  paid  in  the  manner  provided  by  law. 

Sect.  3.  Not  more  than  one  dollar  per  week  shall  be  re- 
coverable of,  or  demanded  against  any  town  for  the  safe 
keeping,  support  and  maintenance  of  any  person  committed 
to  any  house  of  correction. 

Sect.  4.  All  acts  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed.  [Approved  by  the  Governor,  March 
23,  1843.] 

ChctP'   67.  An  Act  in  relation  to  the  Stoneville  Manufacturing  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Reorganization  The  Stockholders  of  the  Stoneville  Manufacturing  Com- 
oftheCompa-  p^uy  ^^B  hereby  authorized  and  empowered  to  call  a  meet- 
ing of  said  corporation,  and  elect  officers  of  said  company, 
and  do  all  acts  and  things  necessary  to  reorganizing  said 
corporation,  which  meeting  may  be  called  by  Rufus  Hast- 
ings, by  personal  notice  to  each  stockholder  of  said  com- 
pany, seven  days  at  least,  unless  all  of  said  stockholders 
shall,  in  writing,  assent  to  a  shorter  notice  than  said  lime 
of  seven  days.  And  all  acts  and  proceedings  heretofore 
done  by  said  corporation,  or  which  shall  be  done  at  said 
meeting,  according  to  the  by-laws  of  said  corporation  here- 
tofore made  by  them,  shall  be  legal  and  valid,  notwithstand- 
ing any  omission  of  said  corporation  to  hold  their  annual 
meeting  for  the  election  of  their  officers.  [Appj-oved  by  the 
Governor,  March  24,  1843.] 

C^hnn     68  "^^^  "^^^  concerning  Proxies. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  saine,  as  follows  : 
Proxies  held  in  Sect,  1.  All  proxics  held  by  any  individual,  director, 
rail-road  corpo-  treasurer,  or  other  officer  of  any  rail-road  corporation,  char- 
da\'e  within'sS  tcred  Under  the  authority  of  this  Commonwealth,  shall  be 
months  of  the    dated  witliiu  six  months  previous  to  the  meeting  of  said 

meeting  where  .  •    „ 

used.  corporation. 

Nosiiarepledg-  Sect.  2.  No  sharc-holder  in  any  rail-road  corporation, 
ration  shaif  be'  whosc  shares  are  in  any  form  pledged  to  such  corporation, 
represented  by  or  for  the  benefit  thereof,  shall  be  permitted  to  vote  on  said 
\Ie^^  '"^^"^     shares  at  any  meeting  of  the  stockholders,  and  no  vote  shall 


1843. Chap.  68—70.  33 

be  given  by  such  corporation,  or  by  any  officer  thereof,   or  ^°g^°for'°nv 
any  other  person,  on  said  shares;  nor  shall  any  vote  be  share  owned  by 
given  by  any  person  for  any  share  actually  owned  by  said  the  corporation, 
corporation. 

Sect.  3.    No  individual,  at  any  meeting  of  the  stockhold-  fJ°^ij"^oid«fo 
ers  of  any  rail-road  corporation,  shall  be  allowed,  by  virtue  be  allowed  more 
of  any  power  of  attorney,  proxy  or  proxies  held   by  him  than  so  proxy 
and  made  by  any  shareholder,  to  cast  more  than  fifty  votes; 
and  no  director,  treasurer  or  other  officer  of  such  corpora-  Noofficerofthe 
tion  shall  be  allowed,  by  virtue  of  any  power  of  attorney,  corporation  to 
proxy  or  proxies  held  by  him,  to  cast   more  than   twenty  than  20  proxy 
votes.     \Approved  by  the  Governor^  March  24,  1843.]  ^o^es. 

An  Act  further  to  protect  Personal  Liberty.  CllCip.   69. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  same^  as  follows  : 

Sect.  1.     No  judge  of  any  court  of  record  of  this  Com-  No  judge  or 
monwealth,  and  no  justice  of  the  peace,  shall  hereafter  take  cognizance^of^ 
cognizance  or  grant  a  certificate  in  cases  that  may  arise  any  case  under 
under  the  third  section  of  an  act  of  Congress,  passed  Feb-  ^gg°  peb!  12 
ruary  twelfth,   seventeen  hundred  and  ninety-three,   and  1793.' 
entitled  "  an  Act  respecting  fugitives  from  justice  and  per- 
sons escaping  from  the  service  of  their  masters,"  to  any  per- 
son who  claims  any  other  person  as  a  fugitive  slave  within 
the  jurisdiction  of  the  Commonwealth. 

Sect.  2.     No  sherilf,  deputy-sheriff',   coroner,   constable,  Noshenffor 
jailer,  or  other  officer  of  this  Commonwealth,  shall  hereaf-  shall  arrest  or 
ter  arrest  or  detain,  or  aid  in  the  arrest  or  detention  or  im-  detain,  or  aid  in 
prisonment  in  any  jail  or  other  building  belonging  to  this  mlnfnglln  any' 
Commonwealth,  or  to  any  county,  city  or  town  thereof,  of  public  building 
any  person  for  the  reason  that  he  is  claimed  as  a  fugitive  Commomv'th,^ 

slave.  &c.  anv  person 

Sect.  3.     Any  justice  of  the  peace,  sherifi",  deputy-sheriff",  ^ti^e^sW ^''' 
coroner,  constable,  or  jailer,  who  shall  offend  against  the 
provisions  of  this  law,  by  in  any  way  acting  directly  or  in-  A.nvjustice,&c. 
directly  under  the  power  conferred  by  the  third  section  of  ^c"  To^o^-feira 
the  act  of  Congress,  afore-mentioned,  shall  forfeit  a  sum  not  sumnotexceed- 
exceeding  one   thousand  dollars  for  every  such  offence,  to  Jhf  use*of  the 
the  use  of  the  county  where  said  offence  is  committed,  or  county,  or  be 
shall  be  subject  to  imprisonment  not  exceeding  one  year  in  e^c^Jedkg'onr 
the  county  jail.    [Approved  by  the  Governor,  March  24, 1843.]  year. 

An  Act  to  repeal  an  Act  concerning  Town  Ways  and  Private  Ways.         CJlttV.   70. 

BE  it  enacted  by  the  Seriate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

An  act  entitled  "  an  Act  concerning  Town  Ways  and  Pri-  Fvepeal. 
vate  Ways,"  passed  on  the  third  day  of  March,  in  the  year 
one  thousand  eight  hundred  and  forty-two,  is  hereby  re- 
pealed.    [Approved  by  the  Governor,  March  24,  1843.] 


ii 


34  1843. Chap.  71—72. 

ChCLTJ     71.  ^"^  ■^^'^  ^^  relation  to  Fees  of  Justices  of  the  Peace. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  hy  the  authority  of 
the  same^  as  follows : 

Only  one  travel  shall  be  allowed  to  a  justice  of  the  peace 
for  returning  papers  to  the  supreme  judicial  court,  or  to  the 
court  of  common  pleas,  at  the  same  term.  \Ap'proved  hy 
the  Governor,  March  24,  1843.] 

Ohnn     72  ■^'^  ^^"^  concerning  Mortgages  of  Personal  Property. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Equity  of  re-      Sect.  1.     In  all  mortgages  of  personal  property,  the  right 
demption  to       of  the  mortgagor  or  his  assigns  to  such  property,  shall  not 
days  after      *^  be  forfeited  until  sixty  days  after  the  mortgagee  or  his  as- 
■wntten  notice     sigus  shall  have  givcu  written  notice  to  the  mortgagor  or 
foreclose)—  ^°    the  person  in  possession  of  said  property,  claiming  the  same, 
of  his  or  then-  intention  to  foreclose  said  mortgage,  for  a 
—for  breach  of  breach  of  the  condition  thereof,  and  caused  a  copy  of  the 
condition—       same  noticc  to  be  recorded  in  the  town  clerk's  office,  where 

— notice  to  be        ,  ^  .  j     ■■ 

recorded.  the  mortgage  IS  recorded. 

When  mortga-  Sect.  2.  Every  mortgage  of  personal  property,  when- 
gor  retains pos-  evcr  the  mortgagor  shall  retain  the  possession  thereof,  shall 
mortgagfshaii  be  recorded  as  "well  by  the  clerk  of  the  town  where  the 
be  recorded  in  mortgagor  resides,  as  by  the  clerk  of  the  town  in  which  he 
wheiele  lives  principally  transacts  his  business,  or  follows  his   trade  or 

and  also  in  the  calling. 

doI"busine^ss^^  Sect.  3.  Every  mortgagee,  pawnee,  or  holder  of  per- 
sonal property,  as  collateral  security,  shall,  when  demand- 
The  demand  i^g  payment  of  the  money  due  to  him,  pursuant  to  the 
pursuant  to  R.  sevcnty-nintli  section  of  the  ninetieth  chapter  of  the  Re- 
to'be  under  ^^'  viscd  Statutes,  make  oath  that  the  statement  subscribed  by 
oath,  and  at  him  is  just  and  true,  and  he  shall  in  all  cases  make  the  de- 
forfreturn^day  ^laud  therein  mentioned,  at  least  four  days  before  the  return 
of  writ—  day  of  the  writ,  upon  which  such  property  shall  have  been 

attached,  provided  the  mortgagee  shall  know  of  the  exist- 
ence of  such  attachment;  but  if  the  mortgagee  shall  not  know 
of  the  existence  of  such  attachment,  until  after  the  time  afore- 
— or  at  such  said,  he  shall  make  his  statement,  under  oath,  at  such  time  as 
mav  order— ^  the  court,  before  whom  the  writ  is  pending,  shall  direct ;  but  if 
—or  in  certain  the  mortgagee  does  not  know  of  such  attachment  till  after 
'^^onthriftir  ^  ^^^®  fi"^^^  adjournment  of  the  court,  at  the  term  when  judg- 
such  attach-  meut  shall  be  rendered  in  the  action  in  which  the  attach- 
ment comes  to  jnent  shall  be  made,  such  statement  may  be  made  by  the 
knowledge—  mortgagee  or  his  assigns,  within  three  months  after  such 
—in  no  case  to  attachment  shall  come  to  his  knowledge  ;  such  time,  how- 
exceed  one  year  ever,  not  to  exceed  one  year  from  the  rendition  of  such 

after    rendition    •     j  t 

of  judgment-    judgment. 

Sect.  4.     All  laws  inconsistent  herewithj  are  hereby  re- 


1843. Chap.  72—73.  S5 

pealed,  saving  to  all  persons,  however,  all  riffhts  accruing  —repeal,  re- 

^  jju  T    '  ^■  1  serviner  accrued 

or  accrued,  and  ail  proceedmgs  pending  or  commenced,  un-  rights. 
der  or  by  virtue  of  the  laws  hereby  repealed.     [Approved 
hy  the  Governor^  March  24,  1843.] 

An  Act  to  regulate  the  Fishery  in  Taunton  Great  River.  C/mT).  13. 

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

Sect.  1.     From  and  after  the  passage  of  this  act,  it  shall  Shad  and  aie- 
not  be  lawful  for  any  person  or  persons,  except  as  is  here-  ^^^H  byVe°in*e^ 
inafter  provided,  to  catch  shad  and  alewives  with  seines  or  &c.,  between 
nets,  in  Taunton  Great  River,  from  the  first  day  of  March  Se'^s-""^ 
to  the  fifteenth  day  of  June,  in  each  year,  provided  that  it  —except,  &c. 
shall  and  may  be  lawful  for  the  inhabitants  of  the  several 
towns  situated  on  said  river,  to  catch  shad  and  alewives  SomersetlFree- 
with  twelve  seines  or  nets  only,  in  the  manner  following,  to  town  and  Fall 
wit :  the  towns  of  Somerset,  Freetown  and  Fall  River  shall  the^r[ght°to  ^^^ 
each  have  the  right  of  disposing,  at  public  auction,  for  their  take  with  one 
own  benefit,  of  the  privilege  of  catching  shad  and  alewives,  t oTeii^'said  ^^*^ 
with  one  seine  or  net  only:  the  towns  of  Berkley  and  Raynham  right. 
and  Dighton,  shall  each  have  the  right  of  disposing,  at  pub-  Berkely, 
lie  auction,  for  their  own  benefit,  of  the  privilege  of  catch-  S-?.*^^'^  ^•'^u 

,,',,.  .,  '.i  ^,  ,   Dighton,  with 

mg  shad  and  alewives  with  two  seines  or  nets,  only;  and  two  each,  &c. 
the  town  of  Taunton  shall  have  the  right  of  disposing,  at  Taunton  with 
public  auction,  for  their  own  benefit,  the  privilege  of  catch-  ^^^e. 
ing  shad  and  alewives  with  three  seines  or  nets  only,  in 
the  river  aforesaid  ;  and  the  purchaser  or  purchasers  of  the 
privileges  which  shall  be  located  in  the  towns  of  Raynham 
and  Taunton,  shall  not  have  a  right  to  sweep  with  a  seine 
or  net,  more  than  fifteen  rods  in  length,  and  the  towns  of  Limitation  of 
Berkley  and  Dighton  shall  have  the  right  to  sweep  with  a  ^^^""5  ^°"'^*^ 
seine  or  net  not  more  than  twenty  rods  in  length  above 
Rocky  Point,  and  but  four  days  in  each  week,  beginning  at  —and  number 
four  o'clock  on  Monday  morning,  and  ending  at  four  o'clock  °^*^^y^- 
on  Friday  morning  ;  the  purchaser  or  purchasers  of  the  priv- 
ilege or  privileges  which  shall  be  located  in  the  towns  of 
Berkley  and  Dighton  below  Rocky  Point,  shall  have  the  right 
to  sweep  with  a  seine  or  net,  thirty- four  rods  in  length,  and  no 
more,  five  days  in  each  week,  beginning  at  four  o'clock  on 
Monday  morning,  and   ending  at  four  o'clock  on  Saturday 
morning;  and  the  purchaser  or  purchasers  of  the  privilege 
or  privileges  which  shall  be  located  in  either  of  the  towns 
of  Somerset,  Freetown,  or  Fall  River,  shall  have  a  right  to 
sweep  with  a  seine  or  net  forty  rods  in  length,  and  no  more, 
four  days  in  each  week,  beginning  at  four  o'clock  on  Mon- 
day morning,  and  ending  at  four  o'clock  on  Friday  morn- 
ing and  provided,  also,  that  each  of  said  towns   shall,  at  a 
legal  meeting  between  the  first  day  of  September  and  the 
last  day  of  December,  in  each  year,  dispose  and  make  sale 


S6  1843. Chap.  73. 

of,  at  public  auction,  for  the  next  year,  and  so  from  year  to 
year,  their  privilege  of  catching  shad  and  alewives  with 
seines  or  nets,  in  the  river  aforesaid,  for  the  time  aforesaid, 
to  such  person  or  persons,  as  shall  offer  the  most  for  the 
same,  and  give  sufficient  security  for  the  payment  of  the 
purchase  monies,  at  such  time  and  in  such  manner  as  the 
respective  towns  shall  order. 

Sect.  2.  The  several  purchasers  of  the  privileges  afore- 
said, shall  select  the  place  where  they  intend  to  use  their 
seine  or  net,  for  the  purpose  of  catching  shad  and  ale- 
wives,  and  shall  file  a  certificate  thereof  with  the  clerk  of 
the  town  within  which  they  have  determined  to  exercise 
their  said  privilege  as  aforesaid,  on  or  before  tlie  first  day 
of  March  in  each  year ;  provided,  that  the  privilege  which 
shall  be  purchased  of  the  said  town  of  Somerset,  shall  be 
exercised  within  the  limits  of  said  town,  and  the  person  or 
persons  so  purchasing  and  locating  the  privileges  aforesaid, 
shall  have  the  right  to  catch  shad  and  alewives  in  the  river 
aforesaid  for  the  time  aforesaid,  and  no  other  persons. 

Sect.  3.  No  purchasers  of  a  privilege  aforesaid  shall 
make  use  of  a  seine  or  net,  for  the  purpose  aforesaid,  at  any 
other  place  on  said  river,  than  the  place  so  selected  and 
certified  as  aforesaid,  during  the  time  aforesaid,  and  no 
seine  or  net  shall  be  located  or  swept  within  one  mile  of 
the  dam  located  near  King's  Bridge,  across  Taunton  Great 
River,  in  the  town  of  Raynham ;  and  no  seine  or  net  shall 
be  located  or  swept  within  one  and  a  half  miles  of  the  said 
dam,  in  the  town  of  Taunton,  and  no  seine  or  net  shall  be 
swept  more  than  forty  rods  on  said  river,  above  Rocky 
Point,  and  not  more  than  forty-five  rods  in  length  below 
Rocky  Point,  and  no  person  shall  be  permitted  to  sei  any 
seine,  net,  ware,  or  other  obstructions,  in  or  across  said 
river,  or  any  part  thereof,  or  any  waters  connected  with 
the  said  river,  for  the  purpose  of  taking  shad  or  alewives, 
or  obstructing  their  passage  along  said  river,  during  the 
time  aforesaid. 

Sect.  4.  If  any  person  or  persons  shall  draw  or  sweep 
with  any  seine  or  net,  on  any  day  or  time  other  than  those 
before  expressed,  or  at  any  other  place  than  those  selected 
as  aforesaid,  or  shall,  on  any  day  or  at  any  place,  set  any 
seine  or  net,  ware,  or  other  obstructions  in  or  across  said 
river,  or  any  part  thereof,  or  any  waters  connected  with 
the  same,  with  the  intention  to  catch  or  destroy  any  of  the 
fish  called  shad  or  alewives,  within  the  time  limited  in  the 
first  section  of  this  act,  or  shall  at  any  time  or  any  place 
drive  with  boat  or  boats  in  said  river,  or  use  any  other 
implements  whatsoever,  with  intention  to  catch  or  de- 
stroy said  fish,  or  hinder  their  passage  up  said  river,  or  by 
any  means  whatsoever  shall  impede  or  hinder  the  passage 
of  said  fish  up  said  river  or  any  part  thereof,  with  intention 


1843. Chap.  73.  37 

to  drive,  hinder,  disturb  or  destroy  any  of  the  fish  called 
shad  or  alewives,  in  the  waters  of  said  river,  or  shall  whip 
with  poles  or  any  other  instrument  in  the  waters  of  said 
river,  or  throw  into  said  river  loam  or  any  other  thing 
whatsoever,  with  the  intention  to  hinder  the  passage  of  said 
fish  up  said  river,  he,  and  each,  and  every  individual,  who 
shall  violate  this  act,  or  any  part  thereof,  shall  each  and  every 
one  forfeit  and  pay  a  sum  not  less  than  five  dollars  nor 
more  than  twenty  dollars  for  each  and  every  such  offence, 
to  be  recovered  by  action  of  debt,  in  any  court  proper  to 
try  the  same,  for  the  use  and  benefit  of  him  who  shall  pros- 
ecute or  sue  for  the  same,  or  shall  be  imprisoned  in  the 
county  jail  or  in  the  house  of  correction,  for  a  term  of  time 
not  exceeding  sixty  days. 

Sect.  5.  If  any  person  or  persons  be  found  fishing  with 
any  seine  or  net,  or  other  machine  or  instrument  or  instru- 
ments, which  shall  be  used  by  any  person  or  persons  in 
taking  or  carrying  away  any  of  the  fish  called  shad  or  ale- 
wives,  contrary  to  the  true  intent  and  meaning  of  this  act, 
it  shall  be  lawful  for  any  fishwarden  or  inspector  chosen  by 
virtue  of  this  act,  or  the  law  regulating  the  fishery  in  the 
town  of  Middleborough,  to  seize  and  take  such  seine  or  net, 
or  fish,  or  implements  as  before  mentioned,  and  convert 
and  retain  the  same  to  his  or  their  own  use  and  benefit, 
without  any  process  of  law  whatever,  and  if  prosecuted 
therefor,  to  give  this  act  in  evidence  of  his  authority  for  so 
doing. 

Sect.  6.  The  several  towns  aforesaid,  shall,  at  their  an- 
nual meetings,  in  the  months  of  March  or  April,  choose  by 
ballot  three  or  more  persons,  being  freeholders  in  said  town, 
as  fishwardens,  whose  duty  it  shall  be,  jointly  and  severally, 
to  see  that  this  act  is  enforced,  and  prosecute  for  all  breaches 
thereof,  and  each  fishwarden  so  chosen  shall  be  sworn  to 
the  faithful  discharge  of  his  duty,  and  cause  a  record  to  be 
made  of  his  oath  in  the  town  where  said  fishwarden  is 
chosen,  within  ten  days  after  his  election ;  and  said  fish- 
warden and  inspectors,  when  sworn,  are  authorized  to 
measure  seines  and  nets,  and  to  pursue  and  execute  the 
duties  of  their  office,  in  any  place,  where  fish  can  be  taken 
within  the  towns  aforesaid,  and  to  enter  any  building  where 
they  suppose  that  this  act  or  any  parts  of  it  are  violated;  and 
if  any  person  chosen  as  fishwarden  or  inspector  as  aforesaid, 
shall  refuse  or  neglect  to  be  sworn  as  aforesaid,  for  the  space 
of  five  days  after  he  shall  be  duly  notified  of  his  election, 
as  aforesaid,  he  shall  forfeit  and  pay  a  fine  of  ten  dollars 
to  the  use  of  said  town,  to  be  recovered  by  action  of  debt, 
by  the  treasurer  thereof,  and  such  town  shall  proceed  to  a  new 
choice,  and  so  on,  as  often  as  circumstances  shall  require  ; 
and  if  any  of  the  towns  aforesaid  shall  neglect  to  choose 
fishwardens  as  aforesaid,  or  to  make  sale  of  their  privileges 


38  1843. Chap.  73—74. 

aforesaid,  within  the  time  limited  therefor,  according  to 
the  meaning  of  this  act,  such  town  shall  forfeit  and  pay  a 
fine  of  one  hundred  dollars  for  the  use  of  him  or  them  who 
shall  prosecute  therefor. 

Sect.  7.  The  laws  heretofore  made  for  the  regulation  of 
the  fishery  and  for  the  passage-way  for  fish  in  Taunton 
Great  River,  except  so  far  as  respects  the  town  of  Middle- 
borough,  be,  and  the  same  are  hereby  repealed  ;  jjrovided, 
however^  that  any  prosecutions  which  have  been  or  may  be 
commenced,  for  the  recovery  of  any  forfeitures  recovered 
by  virtue  of  the  laws  hereby  repealed,  may  be  prosecuted 
to  final  judgment  and  execution,  in  the  same  manner  as  if 
this  act  had  not  been  passed,  and  provided,  also,  that  all 
contracts  made  prior  to  the  passing  of  this  act,  by  any  of 
the  towns  aforesaid,  by  virtue  and  in  pursuance  of  the  laws 
hereby  repealed,  shall  be  valid  to  all  intents  and  purposes, 
this  act  to  the  contrary  notwithstanding.  [Approved  by  the 
Governor,  March  24,  1843.] 

ChCLXf,   74.  ^^^  ■'^^^  ''°  continue  the  Marblehead  Marine  Insurance  Company. 

BE  it  enacted  bxj  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,,  as  follows  : 

Sect.  1.     The  act  of  the  year  one   thousand  eight  hun- 
dred and  twenty-three,  incorporating  the  Marblehead  Ma- 
rine Insurance  Company,  shall  be  and  remain  in  force  for 
the  term  of  twenty  years  from  the  fourth  day  of  March,  in 
the  year  one  thousand  eight  hundred  and  forty-three;  and 
Continued  for    the  Said  Corporation  shall  be  continued  during  that  term, 
20  years  from     with  all  the  powers  and  privileges,  and  subject  to  all   the 
'       '   duties,  restrictions  and  liabilities  set  forth  in  the  thirty-sev- 
enth and  forty-fourth  chapters  of  the  Revised  Statutes,  and 
in  the  thirty-fifth  and  one  hundred  and  seventy-eighth  chap- 
ters of  the  laws  of  the  year  one  thousand  eight  hundred 
and  thirty-eight. 
With  liberty  to      Sect.  2.     Any  Stockholder  may  withdraw  his  proportion 
to  withdraw,  ^"^  of  the  asscts  of  the  company,  the   value  of  which   shall 
&c.  before  this  forthwith  be  ascertained  by  arlDitration  before  the  accept- 
DeVciracy^of  '  ^ncc  of  this  act ;  and  any  deficiency  thus  created  in  the 
stock  thus  aris-  capital  stock  sliall  be  made  up  by  new  subscribers  before  this 
by^new^sub-^^^'^  ^^^  shall  go  iuto  operation.     The  arbitrators  herein  provid- 
scriptions.         ed  for  shall  be  appointed,  one  by  the  president  of  the  com- 
pany and  one  by  the  claiming  stockholder ;  and  in  case  the 
two  persons  so  appointed  are  unable  to  agree  as  to  the  value 
of  the  assets,  they  shall  appoint  a  third  arbitrator,  to  act 
with  them. 

Sect.  3.  This  act  shall  take  effect  from  and  after  its 
passage.     [App?-oved  by  the  Governor,  March  24,  1843,] 


1843. Chap.  75.  39^ 

An  Act  regulating  the  Compensation  of  Sherifls.  CllCiP'   75. 

BE  it  enacted  by  the  Senate  and  Honse  of  Representa- 
tives, in  General  Court  asse7nbled,  and  by  the  authority  of 
the  same,  as  folloivs  : 

Sect.  1.  From  and  after  the  first  of  April  next,  the  Amount  ailow- 
sheriifs  of  the  several  counties  shall  retain,  for  their  own  ed  as  salaries, 
use,  out  of  all  moneys  received  by  them  from  their  deputies, 
if  they  shall  have  received  so  much,  the  sums  following, 
namely  :  The  sheriff  of  Suffolk,  fourteen  hundred  dollars. 
The  sheriff  of  Essex,  seven  hundred  and  fifty  dollars.  The 
sheriff  of  Middlesex,  seven  hundred  and  fifty  dollars.  The 
sheriff  of  Worcester,  sev^en  hundred  and  fifty  dollars.  The 
sheriff  of  Hampden,  four  hundred  dollars.  The  sheriff  of 
Hampshire,  four  hundred  dollars.  The  sheriff'  of  Frank- 
lin, four  hundred  dollars.  The  sheriff  of  Berkshire,  five 
hundred  dollars.  The  sheriff  of  Norfolk,  five  hundred  and 
fift)'-  dollars.  The  sheriff"  of  Bristol,  six  hundred  dollars. 
The  sheriff"  of  Plymouth,  five  hundred  dollars.  The  sheriff 
of  Barnstable,  three  hundred  and  fifty  dollars.  The  sheriff" 
of  Nantucket,  two  hundred  and  fifty  dollars.  The  sheriff" 
of  Dukes  county,  one  hundred  and  fifty  dollars. 

Sect.  2.     The  sheriffs  of  the  several  counties  shall  re- ^-s  a  day,  and 
ceive,  for  attending  any  court  of  record,  or  any  meeting  of  Iha^sTforat- 
the  county  commissioners,  the  sum  of  three   dollars  a  day,  tendance  on  all 
to  be  paid  out  of  the  county  treasury.     But  no  sheriff  shall  '^°^'^^^- 
receive  more  than  five  dollars  a  day  for  attending  all  the 
courts  which  may  be  in  session  at  the  same  time. 

Sect.  3.      The   several    sheriffs  of  the  Commonwealth  Not  allowed 
shall  receive  no  compensation  from  the  State  or  county  treas-  tution  of,  &c. 
ury,  for  any  services  rendered  by  them  in  the  distribution  of 
proclamations,  precepts  or  other  documents,  or  in  returning 
votes  to  the  office  of  the  secretary  of  the  Commonwealth. 
And   if  any  sheriff"  shall  neglect  or  refuse  to  return  any 
votes  committed  to  him  by  the  selectmen  of  any  town,  he  ^™ni-*^o^°etum 
shall  forfeit  a  sum  not  exceeding  two  thousand  dollars.  votes'? 

Sect.  4.    All  sheriffs  shall,  on  or  before  the  fifteenth  day  of 
January,  annually,  return  to  the  secretary  of  the  Common- 
wealth, under  oath,  a  true  account  of  all  moneys  received  Tomakeannu- 
bv  them  from  all  sources,  by  virtue  of  their  office,  for  the  al  returns  to 
year  ending  the  first  Wednesday  of  the  same  January,  des- 
ignating the  amount  received  from  their  deputies  ;  from  the 
county  treasurer,   and  from  all   other  sources ;  including, 
also,  a  statement  of  the  number  of  days  they  have  attend-  who  shall  lay 
ed  all  courts  of  record,  and  of  the  county  commissioners;  the  same  before 
and  the  secretary  shall  lay  the  same  before  the  Legislature.  ^  eLegis  aiure. 

Sect.  5.  If  any  sheriff"  shall  neglect  to  make  the  return 
required  by  the  preceding  section,  he  shall  forfeit  the  simi 
of  two  hundred  dollars. 

Sect.  6.  All  laws  inconsistent  with  this  act  are  hereby 
repealed.     ^Approved  by  the  Governor,  March  24,  1843.] 


40 


1843.- 


-Chap.  76. 


Capital  stock, 
$500,000. 


May  hold   real 
estate   not    ex- 
ceeding 
$200,000. 


ChCLV-  76.  -^^  ^^'^  *°  incorporate  the  Spot  Pond  Aqueduct  Company. 

BE  it  enacted  by  the  Soiate  and  House  of  Representa- 
tives, m  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  James  C.  Odiorne,  George  Odiorne,  Jr.,  Isaac 
Warren,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  "  The  Spot  Pond  Aqueduct 
Company,"  with  all  the  powers  and  privileges,  and  subject 
to  all  the  duties,  liabilities  and  provisions  contained  in  the 
forty-fourth  chapter  of  the  Revised  Statutes. 

Sect.  2.  The  capital  stock  of  said  company  shall  be 
five  hundred  thousand  dollars,  to  be  increased  to  one  million 
dollars,  if  found  to  be  necessary  ;  the  same  to  be  divided  into 
shares  of  one  hundred  dollars  each;  and  the  stockholders 
shall  be  individually  liable  for  all  debts  of  the  corporation. 

Sect.  3.  The  said  corporation  may  purchase,  take  and 
hold,  in  fee  simple,  or  for  any  less  estate,  any  lands  neces- 
sary for  the  objects  of  this  act,  and  for  the  convenient  man- 
agement of  the  concerns  of  said  company,  not  exceeding 
in  value  the  sum  of  two  hundred  thousand  dollars,  and 
may  purchase  Spot  Pond,  so  called,  in  Stoneham,  for  the 
ptirpose  of  conducting  water  therefrom  into  the  city  of  Bos- 
ton ;  and  to  this  end  may  take  and  hold  any  lands  neces- 
sary for  laying  aqueducts,  forming  reservoirs,  and  any  flats 
flowed  by  tide-waters,  which  may  be  required  to  carry  the 
objects  of  this  act  into  efilect ;  and  if  the  proprietors  of  such 
lands  as  the  corporation  may  take,  for  the  purpose  of  lay- 
ing pipes  or  aqueducts,  and  constructing  reservoirs,  do  not 
agree  with  said  company  on  the  price  to  be  paid  therefor, 
any  such  proprietor  may  have  the  damages  assessed  in  the 
same  manner  as  is  provided  in  the  one  hundred  and  six- 
teenth chapter  of  the  Revised  Statutes;  and  the  said  cor- 
poration, in  all  cases  where  it  does  not  acquire  title  to  any 
land  by  voluntary  conveyance,  shall  cause  a  certificate,  de- 
scribing the  land  so  taken,  to  be  signed  by  the  president  of 
said  company,  and  recorded  in  the  registry  of  deeds  in  the 
county  in  which  the  land  lies. 
Same.  Sect.  4.     The  said  corporation  is  hereby  authorized  and 

empowered  to  lay  its  pipes,  or  aqueducts,  under  or  over 
any  rail-road,  canal,  highway  or  street,  jjj-ovided,  always, 
that  the  same  be  done  in  such  manner  as  not  to  obstruct  or 
impede  the  passing  thereon;  and  said  corporation  may  lay 
its  pipes  or  aqueducts  across  Mystic  and  Charles  rivers,  by 
tunnel  or  otherwise,  p7^ovided  that  said  pipes  and  aqueducts 
be  so  laid  in  said  rivers  as  not  to  rise  above  the  bed  of  the 
channel  of  said  rivers.  Said  corporation  may  also  carry 
its  pipes  or  aqueducts  to  South  Boston,  provided,  as  above, 
that  said  pipes  or  aqueducts  be  so  laid  as  not  to  rise  above 
the  bed  of  the  channel. 

Sect.  5.      The   said   corporation,    in  laying   its   pipes, 


Powers  of  the 
corporation. 


1843. Chap.  76.  41 

aqueducts,  or  other  apparatus,  through  the  highways  aud  Not  to  occasiou 
streets  of  the  town  of  Charlestowii  and  in  the  ciivof  Boston,  "f^dless  ob- 

•;  .  .   .  ,       .  ,  ^  y  .        '  structions,  &c. 

and  in  repairmg  such  pipes  or  aqueducts,  from  time  to  time, 
shall  not  unnecessarily  obstruct  such  highways  and  streets; 
and  in  every  case  of  the  removal  of  any  earth  or  pave- 
ment, in  any  such  highway  or  street,  the  said  corporation, 
at  its  own  expense,  shall  cause  the  earth  to  be  replaced  and 
the  pavement  to  be  laid  anew,  so  that  such  highway  or 
street  shall  be  in  as  good  condition  as  the  same  were  in  be- 
fore such  removal.  The  breaking  up  of  the  pavement,  or 
any  part  of  the  streets  of  the  city  of  Boston,  and  the  times 
at  which  the  same  shall  be  done,  shall  be  under  the  direc- 
tion of  the  mayor  and  aldermen,  or  such  person  as  they 
shall  appoint. 

Sect.  6.  In  the  laying  and  construction  of  the  pipes  or  To  be  arranged 
aqueducts  which  may  be  laid  in  the  town  of  Charlestown,  o^fire  witT^^ 
and  in  the  city  of  Boston,  the  same  shall  be  so  laid  and  con-  plugs,  &c. 
structed,  that  water  can  be  drawn  therefrom  for  the  extin- 
guishment of  fires,  and  used  by  the  persons  thereto  author- 
ized by  the  town  of  Charlestown,  and  by  the  city  of  Bos- 
ton respectively,  and  free  access  to  the  water  in  such  pipes 
and  aqueducts  shall  be  had  whenever  the  same  shall  be  laid 
within  the  town  of  Charlestown  and  within  the  city  of  Bos- 
ton; and  the  said  town  and  city  shall  have  the  right,  at  their 
own  cost  respectively,  to  place  fire-plugs  and  all  proper  and 
necessary  fixtures  therefor  upon  any  pipes  or  aqueducts  of 
said  corporation,  and  at  as  many  different  places,  in  the  seve- 
ral highways  and  streets,  as  the  selectmen  of  the  said  town, 
and  the  mayor  and  aldermen  of  the  said  city  shall  deem 
needful  for  the  purpose  of  drawing  water  for  the  extin- 
guishment of  any  fires  which  may  happen  in  said  town  or 
city  ;  provided  that  the  said  fire-plugs  and  fixtures  shall  not 
be  used  for  the  purpose  of  drawing  water  from  said  pipes 
for  any  other  use  than  for  the  extinguishment  of  fires,  and 
shall  be  so  constructed  as  to  prevent  the  water  in  the  pipes 
from  running  to  waste  ;  and  the  said  corporation  shall  not 
demand  nor  receive  any  compensation  for  water  taken  for 
the  extinguishment  of  fires  as  aforesaid.  The  city  of  Bos- 
ton shall  also  have  the  right,  on  such  reasonable  terms  as 
shall  be  agreed  upon,  to  draw  water  from  said  aqueduct 
for  the  use  of  the  public  buildings  and  establishments,  and 
for  ornamental  purposes. 

Sect.  7.     If  any  person  shall  wilfully  and   maliciously  Penalty  for  cor- 
defile,  corrupt,  or  make  impure  the  pond  or  reservoirs  used  pond"feser^- 
by  said  corporation  as  aforesaid,  or  destroy  or  injure  any  voirs',  &c. 
dam,  pipe,  aqueduct,  machinery,  or  other  property  of  said 
corporation,  such  person,  and  all  who  shall  aid  or  abet  in 
such  trespass,  shall  forfeit  to  the  use  of  said  corporation,  for 
every  such  offence,  treble  the  amount  of  damages  which 
shall  appear,  on  the  trial,  to  have  been   sustained  thereby, 
6 


42 


1843.- 


-Chap.  76. 


Corporation 
may  sell  the 
right  of  using 
the  water  : 


— to  have  the 
exclusive  right 
of  using  the 
waters  of  the 
pond. 


City  of  Boston 
may  take  one 
third  of  the 
stock. 


Reservoirs. 


Time  within 
which  work 
must  be  com- 
pleted. 

Annual  report. 


Legislature 
reserves  the 
right  of  regu- 
lating price  of 
water — • 


and  may  further  be  punished  by  a  fine  not  exceeding  one 
thousand  dollars,  or  may  be  imprisoned  for  a  term  not  ex- 
ceeding one  year. 

Sect.  8.  The  said  corporation  is  hereby  empowered  to 
sell  the  privilege  of  using  the  water  which  may  be  con- 
ducted from  the  said  Spot  Pond  to  any  corporation,  person 
or  persons;  'provided  that  no  compensation  shall  be  taken  for 
the  use  thereof  for  the  extinguishment  of  fires  as  aforesaid. 

Sect.  9.  Whenever  said  corporation  shall  have  pur- 
chased Spot  Pond,  and  shall  have  purchased  or  taken  any 
lands,  which  it  may  deem  necessary  and  proper  for  carry- 
ing the  purposes  of  this  act  into  effect,  no  other  corporation, 
person  or  persons,  shall  enter  upon  such  pond  or  lands,  for 
the  purpose  of  drawing  the  waters  from  said  pond,  for  any 
purpose  whatever ;  but  such  waters  shall  be  and  remain  to 
and  for  the  use  of  said  corporation.  And  said  corporation 
shall  furnish  for  the  city  of  Boston  all  the  water  which  the 
capacity  of  said  pond  shall  be  able  to  furnish,  excepting  so 
much  as  may  be  distributed  in  Charlestown,  and  the  same 
shall  be  conveyed  to  the  city  in  one  or  more  iron  pipes, 
each  not  less  than  twenty  inches  in  diameter. 

Sect.  10.  The  city  of  Boston  shall  have  a  right  to  sub- 
scribe, in  common  with  others,  for  one  third  part  of  the 
shares  in  said  corporation,  or  any  less  proportion  thereof. 
And  the  said  city  may,  at  any  time,  purchase  of  the  said 
corporation  their  franchise,  and  all  their  personal  and  real 
property,  by  paying  to  said  corporation  the  cost  and  charges 
for  the  construction  of  said  aqueduct,  and  the  source  thereof, 
together  with  ten  per  cent,  thereon,  with  six  per  cent,  interest, 
first  deducting  from  said  interest  any  amount  received  by  said 
corporation  for  the  use  of  the  water  of  said  aqueduct,  or  the 
sources  thereof  And  from  and  after  the  execution  and  de- 
livery of  the  conveyance  and  transfer  aforesaid,  the  said 
city  of  Boston  shall  have  all  the  right,  and  be  subject  to  all 
the  duties  in  this  act  expressed,  as  to  said  corporation. 

Sect.  11.  The  said  corporation  shall  construct  one  or 
more  reservoirs,  within  two  miles  of  said  city  of  Boston,  at 
an  elevation  of  not  less  than  one  hundred  feet  above  high 
tide,  which  together  shall  contain  not  less  than  five  hun- 
dred thousand  gallons  of  water. 

Sect.  12.  Said  aqueduct  shall  be  completed  to  Boston 
within  three  years;  and  one  mile,  at  least,  of  iron  pipes,  of 
the  diameter  of  twenty  inches,  shall  be  laid  within  one  year 
and  a  half  after  the  passage  of  this  act. 

Sect.  13.  The  said  corporation  shall  make  a  report  an- 
nually to  the  Legislature,  of  the  amount  of  its  receipts  and 
expenditures. 

Sect.  14.  Nothing  herein  before  provided  shall  be  con- 
strued to  restrain  the  Legislature  from  hereafter  regulating 
the  prices  of  the  water  to  the  inhabitants  of  said  city  of 


1843. Chap.  76—78.  43 

Boston  and  town  of  Cliarlestown,  if  the  Legislature  shall 
judge  fit.     Nor  shall  an}^  thing  before  expressed  in  this  act  —and  of  iucoi- 
be  construed  to  prevent  the  Legislature  from  granting  any  aqueduftcoroo- 
act  of  incorporation  to  any  other  company  or  corporation,  rations. 
now  or  hereafter  to  be  established,  to  convey  water  into  the 
city  of  Boston  from  other  sources.     [Approved  hj  the  Gov- 
ernor, March  24,  1843.] 

An  Act  relating  to  Divorce.  Chcip,    77. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  follows,  to  icit : 

Sect.  1.     The  justices  of  the  supreme  judicial  court  shall  Justices  of  s. 
have  power  to  grant  divorces  for  the  causes  now  allowed  divorces .^"^^^^^ 
by  law,  whether  those  causes  occurred  in   this  Common- 
wealth or  elsewhere,  if  the  libellant  shall  have  resided  in 
this  Commonwealth  for  five  successive  years  next  preced- 
ing the  time  of  filing  the  libel  therefor:  provided,  however.  Proviso, 
that  in  all  cases  where  it  shall  be  made  to  appear  to   the 
court,  upon  the  hearing  of  any  libel,  that  the  libellant  has 
removed  into  this  State  from  any  other  state  or  country,  for 
the  purpose  of  procuring  a  divorce  under  the  laws  of  this 
Commonwealth,  the  libel  shall  thereupon  be  dismissed  by 
the  court,  Avith  costs  against  the  libellant. 

Sect.  2.     All  provisions  of  law  inconsistent  with  this  act  Repeal  of  for- 
are  hereby  repealed.     [Approved  by  the   Governor,  March '^^^^^°^^^^'^^- 
24,  1843.] 

An  Act  to  incorporate  the  American  Hosiery  Company.  ChCLlO.    78. 

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

Sect.  1.  Joel  Woodbury,  Horatio  G.  Somerby  and  Jo- 
nas W.  Thaxter,  their  associates  and  successors,  are  here- 
by made  a  manufacturing  corporation,  by  the  name  of  the 
American  Hosiery  Company,  for  the  purpose  of  manufac- 
turing hosiery  of  all  descriptions  in  the  town  of  Watertown, 
in  the  county  of  Middlesex  ;  and,  for  this  purpose,  shall 
have  all  the  powers  and  privileges,  and  be  subject  to  all 
the  duties,  liabilities  and  restrictions,  set  forth  in  the  thir- 
ty-eighth and  forty-fourth  chapters  of  the  Revised  Statutes. 

Sect.  2.  The  said  corporation  may  hold,  for  the  pur- 
poses aforesaid,  real  estate  not  exceeding  the  amount  of 
fifty  thousand  dollars,  and  the  whole  capital  stock  of  said 
corporation  shall  not  exceed  the  amount  of  two  hundred 
and  fifty  thousand  dollars. 

Sect.  3.  The  stockholders  in  the  company  hereby  cre- 
ated, shall  be  held  liable  in  their  individual  capacity  for  all 
the  debts  and  liabilities  of  the  said  corporation.  [Approved 
by  the  Governor,  March  24,  1843.] 


44 


1843.- 


■Chap.  79—80. 


Chap.  79. 


Justice's  sal- 
ary. 


His  duties  as 
clerk. 


Meeting  of 
county  com- 
missioners. 


Repeal  of  for- 
mer acts. 

Chap.  80. 


Terms  of  addi- 
tional sentence. 


An  Act  concerning  the  Police  Court  of  New  Bedford. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, i7i  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  justice  of  the  police  court  of  New  Bed- 
ford shall  receive,  as  justice  of  said  court,  and  for  services 
as  clerk,  in  full  for  all  services  which  by  law  he  is  or 
may  be  required  to  perform  in  said  offices,  the  sum  of  seven 
hundred  and  fifty  dollars  annually,  in  equal  quarterly  pay- 
ments, from  the  treasury  of  the  county  of  Bristol. 

Sect.  2.  The  justice  of  said  police  court  shall,  in  addi- 
tion to  the  services  required,  or  that  may  by  law  be  re- 
quired of  him,  exercise  and  perform  all  the  duties  of  clerk 
of  said  court,  and  shall,  on  the  second  Monday  of  March, 
June,  September  and  December  of  each  year,  make  out  a 
true  and  faithful  account  of  all  fees  taxed  by  law  in  said 
court,  of  every  criminal  prosecution  entered  in  said  court, 
of  every  warrant  issued,  the  name  of  the  person,  and  the 
oiience  alleged,  and  the  decision  of  the  court  in  each  case; 
the  amount  of  fine  in  each  case  imposed,  the  number  of 
persons  committed  for  examination,  the  alleged  offence  and 
amount  of  fine  and  costs  in  each  case  ;  which  said  state- 
ment shall  be  filed  in  the  treasurer's  office  for  the  county 
of  Bristol  on  the  days  last  named,  and  shall  be  inspected 
and  examined  by  the  county  commissioners  of  the  county 
of  Bristol ;  and  said  clerk  shall,  on  said  days,  pay  into  the 
treasury  of  the  county  of  Bristol  all  such  sums  of  money 
as  shall  be  by  him  received,  as  justice  or  clerk,  for  all  civil 
processes,  warrants,  fines,  penalties  and  fees,  and  for  all 
services  in  said  official  duties. 

Sect.  3.  The  county  commissioners  of  the  county  of 
Bristol  shall  assemble  at  New  Bedford,  in  the  months  of 
July  and  December  annually,  for  the  purpose  of  examin- 
ing the  accounts  and  statements  of  said  clerk,  and  a  state- 
ment of  such  examination  shall  be  filed  in  the  office  of  the 
county  treasurer. 

Sect.  4.  All  acts  inconsistent  with  this  act  are  hereby 
repealed.     [Approved  by  the  Governor,  March  24,  1843.] 

An  Act  concerning  the  additional  Punishment  of  Convicts  recommitted  to 
the  State  Prison. 

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

Sect.  I.  No  convict  recommitted  to  the  State  prison 
shall  be  liable  to  receive  an  additional  sentence  under  the 
one  hundred  and  thirty-third,  and  one  hundred  and  forty- 
fourth  chapters  of  the  Revised  Statutes,  as  amended  by  the 
act  of  amendment  passed  on  the  thirteenth  day  of  Febru- 
ary, in  the  year  one  thousand  eight  hundred  and  thirty- 
six,  exceeding  the  term  of  three  years  for  his  second  com- 


1843. Chap.  80—81.  64 

mitment,   nor  exceeding  the  term  of  seven   years  for  his 
third  or  subsequent  commitment. 

Sect.  2,     If,  in  the  opinion  of  the  justice  of  the  court  of  Writ  of  error, 
common  pleas,  or  other  person  lawfully  acting  as  the  judge  fliedV°  ^rose- 
of  ihe  municipal  court  of  the  city  of  Boston,  when  any  con-  cuting  officer— 
vict  is  before  him  to  receive  an  additional  sentence,  there 
be  ground  for  doubting  the  legal    validity  of  any  former 
judgment  rendered  against  him,   and  which  judgment  is 
material  to  the  sentence  under  consideration,  he  may  sug- 
gest the  same  to  the  district  attorney,  or  other  lawful  pros- 
ecuting officer,  who  shall  thereupon  file  a  writ  of  error  in 
the  name  of  the  Commonwealth,  to  bring  the  record  before 
the  supreme  judicial  court,  and  all  proceedings  in  relation 
to  such  additional  sentence  shall   thereby  be  suspended  till 
the  opinion  of  the   supreme  court  can  be  made  known, 
affirming  or  reversing  said  judgment ;   and  the  said  convict  —and  by  con- 
may  also  file  a  writ  of  error,   and   on  a  certificate  of  the  ^''^'^~ 
judge,  acting  as  judge  of  the  said  municipal  court,  that  the 
same  is  not,  iu  his  opinion,   frivolous,  immaterial,   or  in- 
tended for  delay,  the  necessary  process  shall  be  furnished 
at  the  expense  of  the  Commonwealth,  in  the  same  manner  — at  Common- 
as  is  now  provided  in  the  one  hundred  and  thirty-eighth  pg^nsQ^^  ^^' 
chapter  of  the  Revised  Statutes  in  the  case  of  bills  of  ex- 
ception. 

Sect.  3.     The  provisions  of  all   laws  inconsistent  here- Repeal  of 
with    are  hereby   repealed.     [Approved  by   the    Governor.  f9i'iner  provi- 
March  24,  1843.] 

An  Act  to  incorporate  the  State  Mutual  Fire  Insurance  Company.  Chcip.    8 1 . 

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

Sect.  1.     William  Dall,  Holmes  Hinkley,  John  Green,  Persons  incor- 
Jr.,  their  associates  and  successors,  are  hereby  made  a  cor-  P^'^^^^'^- 
poration,  by  the  name  of  the  State  Mutual  Fire  Insurance 
Company,  to  be  located  in  the  city  of  Boston,  for  the  pur- 
pose of  making  insurance  upon  any  building,  stock,  tools, 
machinery,  merchandise,  or  any  other  property  whatever, 
with  all  the  powers  and  privileges,  and  subject  to  all  the 
duties  and  liabilities  set  forth  in   the  thirty-seventh  and 
forty-fourth  chapters  of  the   Revised  Statutes,  and  in  the 
thirty-fifth  chapter  of  the  Acts  of  the  year  one  thousand 
eight  hundred  and   thirty-eight,  and  to  continue   for  the  Act  to  continue 
term  of  twenty-eight  years.  ^°'"  ^^  J'^^""^- 

Sect.  2.     Every  policy  made  by  said  corporation  shall  Each  policy  to 
of  itself  create  a  lien  on  the  interest  of  the  person  insured  [nteres^ofpe°-" 
in  any  building  thereby  insured,  and  in  the  land  under  or  son  insured, 
belonging  to  the  same,  and  upon  the  personal  property  there-  ^^" 
by  insured,  for  securing  the  payment  of  his  or  her  deposit 
note,  and  of  any  sums  for  which  he  or  she  may  be  assessed 


46  1843. Chap.  81—83. 

Proviso.  ill  consequence  of  effecting  such  policy  ;  provided,  the  ex- 

lent  of  such  habihty,  and  the  intention  of  said  corporation 
to  rely  upon  such  lien,  shall  be  set  forth  in  the  policy  ;  and 
that,  upon  the  alienation  of  the  property  to  a  bona  fide  pur- 
chaser, the  lien  shall  terminate,  unless  such  policy  shall  be 
continued  in  force,  by  the  desire  and  consent  of  the  pur- 
chaser.     [Approved  by  the  Governor,  March  24,  1843.] 

Ch(ip.    82.  -'^^  -^"^^  authorizing  Trustees  to  insure  Property  held  in  trust  in  Mutual  Fire 
■^  Insurance  Companies. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  Genercd  Court  assembled,   and  by  the  authority  of 
the  sam,e,  as  follows  : 
Trustees  may         Sect.  1.     Any  person  holding  property  in  trust  may  eftect 
Ues"and'create  ii^surancc  on   such   property  in   any  mutual  fire  insurance 
lien's—  company  incorporated  within  this  Commonwealth,  and,  for 

that  purpose,  may,  as  such  trustee,  assume  all   the  liabili- 
ties, and  create  all  the  liens  upon  the  property  so  insured, 
which  other  persons,  on  becoming  members  of  such  insu- 
rance companies,  assume  and  create, 
—but  are  not         Sect.  2.     No  person,   so  insuring  property  held  in  trust, 
answerable  as    shall  be  liable,  in  his  individual   capacity,  upon  such  con- 
m  ivi  ua  s.       tract   of  insurance.     [Approved  by  the    Governor,    March 
24,  1843.] 

Chap.    83.  -^^  ■^^'^  ^o  change  the  Names  of  the  Persons  therein  mentioned. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,   and  by  the  authority  of 
the  same,  as  follows  : 
Names  chang-       Joseph  Eamcs  may  take  the  name  of  Joseph  Ames ;  John 
^^-  Cunningham  may  take  the  name  of  John  Adams  Cunning- 

Suffolk.  ham  ;  Antonio  Jacinth  may  take  the  name  of  Antonio  Ja- 

cinth Francis;  Desire  Jacinth  may  take  the  name  of 
Desire  Francis ;  Hannah  Jacinth  may  take  the  name  of 
Hannah  Francis  ;  Margaret  Rebecca  Vaugh  may  take  the 
name  of  Margaret  Rebecca  Henry ;  James  Carlton  may 
take  the  name  of  John  D.  Roach;  Horace  Gardner  Smith 
may  take  the  name  of  Horace  Gardner  Berry  Smith  ;  Dor- 
othy Harris  Faxon  may  take  the  name  of  Mary  Harris 
Faxon  ;  Eliza  White  may  take  the  name  of  Eliza  Stodder ; 
Betsy  Davis  may  take  the  name  of  Betsy  Aids ;  William 
Tolman  may  take  the  name  of  William  George  Tolman  ; 
John  Rogers  may  take  the  name  of  John  Webster  Rogers  ; 
Charles  Yeazie,  Jr.  may  take  the  name  of  Charles  Stewart 
Veazie ;  Elizabeth  Veazie  may  take  the  name  of  Mary 
Elizabeth  Veazie ;  Edward  Darley  Baker  may  take  the 
name  of  Darley  Baker ;  Charles  Augustus  Munroe  may 
take  the  name  of  Charles  Augustus  Bartlett ;  John  Harles- 
ton  Parker  may  take  the  name  of  Harleston  Parker  ;  Susan 
Lane  may  take  the  name  of  Susan  Douglas ;  David  C. 
Pearson  may  lake  the  name  of  Edward  Sewall  Pearson  ; 


1843. Chap.  83.  47 

Elizabeth  Hewes,  of  Chelsea,  may  take  the  name  of  Ehza- 
beth  Brown  Hewes ;  Abigal  EUzabeth  Lnnt  may  take  the 
name  of  Abby  Lunt  Tewksbnry ;  Roger  McGowan  may 
take  the  name  of  William  Roger  McGowan  ;  Tryphena 
Van  Buskirk  may  take  the  name  of  Frances  Elizabeth 
Coffin:  Ephraim  Baker  McLaughlin  may  take  the  name  of 
Ephraim  Baker  Mason  ;  Mary  Thomas  McLaughlin  may 
take  the  name  of  Mary  Thomas  Mason  ;  Henry  Wain- 
wright  McLaughlin  may  take  the  name  of  Henry  Wain- 
wright  Mason  ;  Mary  Elizabeth  McLaughlin  may  take  the 
name  of  Mary  Elizabeth  Mason  ;  Joseph  Hastings  Mc- 
Laughlin may  take  the  name  of  Joseph  Hastings  Mason  ; 
Ephraim  Baker  McLaughlin,  Jr.  may  take  the  name  of 
Ephraim  Baker  Mason,  Jr.  ;  William  Hague  McLaughlin 
may  take  the  name  of  William  Hague  Mason  ;  Sarah  Wil- 
son may  take  the  name  of  Sarah  Caroline  Morse ;  Philan- 
der C.  Jacobs  may  take  the  name  of  Philander  Jacobs  For- 
restall ;  John  Moffet  Robinson  may  take  the  name  of  John 
Holton  Moffett ;  Benjamin  Field  may  take  the  name  of 
Benjamin  Franklin  Field;  Charles  Brown  may  take  the 
name  of  Charles  H.  Brown  ;  Jonathan  Houghton  may  take 
the  name  of  John  Coolidge  Houghton ;  Ossian  Doolittle 
may  take  the  name  of  Ossian  Doolittle  Ashley  ;  Cristy 
Gregg  may  take  the  name  of  Charles  C.  Gregg ;  Henry 
Rice  may  take  the  name  of  Henry  Marshall  Rice, — all  of 
the  county  of  Suffolk.  Nathan  Eames,  of  Saugus,  may  Essex, 
take  the  name  of  Nathan  Ames;  Jeremiah  Sawyer,  Jr.,  of 
Salisbury,  may  take  the  name  of  Jeremiah  Hayden  Saw- 
yer; Joseph  Blake  Prescott,  of  Rowley,  may  take  the  name 
of  Joseph  Warren  Prescott;  John  Pickard,  of  Rowley,  may 
take  the  name  of  Daniel  Webster;  Caleb  Brown,  of  New- 
buryport,  may  take  the  name  of  John  Caleb  Brown ;  Bet- 
sey Gould,  of  Topsfield,  may  take  the  name  of  Elizabeth 
Maria  Gould  ;  George  F.  Hawkes,  of  Lynn,  may  take  the 
name  of  William  Warren  Hawkes ;  Rachel  Hawkes,  of 
Lynn,  may  take  the  name  of  Almira  Aurelia  Hawkes; 
Daniel  Millctt,  of  Salem,  may  take  the  name  of  Daniel 
Caldwell  Millett;  John  Goodwin,  of  Marblehead,  may  take 
the  name  of  Samuel  John  Goodwin  ;  Horace  Fish,  his  wife 
Ruhamah  Fish,  and  their  children,  Eliza  Dutton  Fish  and 
Julia  Anna  Fish,  of  Amesbury,  may  severally  take  the 
surname  of  Tremont ;  Ira  Beck  ford,  of  Lynn,  may  take 
the  name  of  William  Ira  Beckford  ;  Anthony  Leon,  of  Ips- 
Avich,  may  take  the  name  of  Charles  Leon  Wilicomb; 
William  Straw  may  take  the  name  of  William  Niles ;  his 
wife,  Hannah  Straw,  may  take  the  name  of  Hannah  Niles; 
Hannah  Maria  Straw  may  take  the  name  of  Hannah  Maria 
Niles  ;  Charles  Otis  Kimball  Straw  may  take  the  name  of 
Charles  Niles;  William  Eustis  Straw  may  take  the  name 
of  William  Eustis  Niles;  John  Calvin  Straw  may  take  the 


48  1843. Chap.  83. 

name  of  John  Niles  ;  George  Dighton  Straw  may  take  the 
name  of  George  Niles  ;  Cynthia  Sophila  Straw  may  take 
the  name  of  Sophila  Niles  ;  Orestus  Herbert  Straw  may 
take  the  name  of  Orestes  Niles, — all  of  Georgetown ;  Jo- 
seph Smith,  4th,  of  Salem,  may  take  the  name  of  Joseph 
Augustus  Smith ;  Warren  Hartwell  Johnson,  of  Lynn, 
may  take  the  name  of  Charles  Warren  Johnson  ;  Junius 
Augustus  Noble,  of  Salem,  may  take  the  name  of  Augustus 
Noble ;  Enoch  Chase,  of  Newbury,  may  take  the  name  of 
Enoch  Pilsbury  Chase ;  Elizabeth  Ann  Long,  of  Andover, 
may  take  the  name  of  Elizabeth  Ann  McNamara;  Joseph 
Page,  of  Bradford,  may  take  the  name  of  Rufus  Holmes 
Page ;  Charity  Dennis,  of  Gloucester,  may  take  the  name 
of  Mary  Frances  Dennis ;  Samuel  Osgood  leaker  may  take 
the  name  of  Samuel  B,  Osgood;  Sarah  B.  Baker  may  take 
the  name  of  Sarah  R.  Osgood ;  Sarah  Ellen  Baker  may 
take  the  name  of  Sarah  Ellen  Osgood;  Josephine  Augusta 
Baker  may  take  the  name  of  Josephine  Augusta  Osgood, 
and  Anna  Elizabeth  Baker  may  take  the  name  of  Anna 
Elizabeth  Osgood, — severally  of  Salem  ;  Levi  Hutchinson, 
Jr.,  of  Danvers,  may  take  the  name  of  Levi  Hutchinson 
Russell;  Nathan  Fellows,  Jr.,  of  Ipswich,  may  take  the 
name  of  Nathan  Warren  Fellows ;  John  Hoyt  Henry,  his 
Avife  Margaret  Henry,  and  their  children,  Mary  Jane  Henry 
and  John  William  Henrjr,  of  Danvers,  may  take  the  sur- 
name of  Bean;  Jeduthan  C.  Calden,  of  Amesbury,  may 
take  the  name  of  Albert  Nelson  Edwards  ;  James  Kimball, 
of  Boxford,  may  take  the  name  of  James  K.  Henry ;  Sam- 
uel Noyes  Coker,  of  Newburyport,  may  take  the  name  of 
George  Edward  Byron, — all  of  the  county  of  Essex. 
Middlesex.  John  Boyd,  Jr.,  of  Marlborough,  may  take  the  name  of 
John  Merrick  Boyd  ;  Thomas  CoUey,  of  Marlborough,  may 
take  the  name  of  Thomas  Corey ;  Josiah  Kemp,  of  West- 
ford,  may  take  the  name  of  Greenville  Pike ;  Nathaniel 
Mead,  Jr.,  of  Boxborough,  may  take  the  name  of  Adelbert 
Mead  ;  Charles  Hartwell  may  take  the  name  of  Charles 
Belknap  Hartwell,  and  Catharine  Hartwell  may  take  the 
name  of  Catharine  Adair  Hartwell,  both  of  Framingham  ; 
Jonathan  Nelson,  of  Woburn,  may  take  the  name  of  John 
Nelson  ;  Jonathan  Brigham  Cunningham,  Sarah  Cunning- 
ham, Lydia  Ann  Cunningham,  and  Sarah  Cunningham, 
Jr.,  all  of  Marlborough,  may  severally  take  the  surname  of 
Brigham ;  Maria  Antoinette  Gavazone,  of  Charlestown, 
may  take  the  name  of  Maria  Antoinette  Gavazone  Doyle; 
Charles  Courtsworth  Babcock,  of  Marlborough,  may  take 
the  name  of  Charles  Dana  Elliot ;  William  Helstone,  of 
Lowell,  may  take  the  name  of  William  Elston ;  Mercy 
Doane,  of  Charlestown,  may  take  the  name  of  Elizabeth 
Freeman  Doane ;  Andrew  Clark  may  take  the  name  of 
Andrew  Jackson  Clark  ;  Levi  Clark  may  take  the  name  of 


1843. Chap.  83.  49 

Levi  Flint  Clark  ;  Sarah  Clark  may  take  the  name  of  Sa- 
rah Brooks  Clark ;  Rebecca  Clark  may  take  the  name  of 
Rebecca  Lydia  Clark,  severally  of  Concord, — all  of  the 
county  of  Middlesex.  Semanthia  Adams,  of  Northborough,  Worcester. 
may  take  the  name  of  Abba  Maria  Adams  ;  Dolly  Whee- 
lock  Oakes,  of  Southbridge,  may  take  the  name  of  Catha- 
rine Wheelock  Oakes ;  Silas  Pierce,  of  Sutton,  may  take 
the  name  of  Silas  Austin  Pierce ;  Abel  Houghton,  of  Bolton, 
may  take  the  name  of  Edward  Elliot  Houghton ;  Joseph 
Burley,  of  Norlhbridge.  may  take  the  name  of  Joseph 
Crocker  ;  Ann  Walkins,  of  Warren,  may  take  the  name  of 
Ann  Elizabeth  Watson  ;  Hannah  Hacket,  of  Douglas,  may 
take  the  name  of  Hannah  Aldrich  ;  Lewis  Mclntyre,  of 
Charlton,  may  take  the  name  of  Lewis  Trumbull  Mason ; 
James  Bailey,  Jr.,  of  Holden,  may  take  the  name  of  James 
Hamilton  Bailey ;  Joseph  Eaton,  of  Fitchburg,  may  take 
the  name  of  Joseph  Myron  Rensselaer  Eaton  ;  Charles 
Robbins,  of  Millbury,  may  take  the  name  of  Charles  Bir- 
ney  Robbins ;  Alvira  Hubbard,  of  Millbury,  may  take  the 
name  of  Elvira  Calista  Hubbard ;  John  Lawrence,  2d,  of 
West  Boylston,  may  take  the  name  of  Jacob  George  Wash- 
ington ;  Coridon  Marsh,  of  Spencer,  may  take  the  name  of 
George  Brigham  Marsh  ;  Israel  Wheeler,  of  Milford,  may 
take  the  name  of  George  Israel  Evelyn  Wheeler ;  George 
Edward  Knowles  Bancroft,  of  Auburn,  may  take  the  name 
of  George  Bancroft ;  Albertson  Watkins,  of  Warren,  may 
take  the  name  of  Albert  Watson;  his  wife,  Mary  E.  Wat- 
kins,  and  their  daughter,  Mary  I.  Watkins,  may  severally 
take  the  surname  of  Watson, — all  of  the  county  of  Worces- 
ter. L^nnan  Dwight  Marshall,  of  Enfield,  may  take  the  Hampshire, 
name  of  Lyman  Dwight  Walker;  Harvey  Holland,  of 
Northampton,  may  take  the  name  of  James  Harvey  Hol- 
land ;  William  Warren  Lee,  of  Northampton,  may  take  the 
name  of  Samuel  Warren  Lee  ;  Abner  Kingsley  Burnell,  of 
Northampton,  may  take  the  name  of  Kingsley  Abner  Bur- 
nell ;  John  Taft,  of  Ware,  may  take  the  name  of  John  Ed- 
ward Taft ;  Eunice  Ramsdell,  of  Belchertown,  may  take 
the  name  of  Eunice  Smith  ;  Chrissa  Smith,  of  Granby,  may 
take  the  name  of  Chrissa  Kinsley  Moody,  all  of  the  county 
of  Hampshire.  Nancy  Tarbox  may  take  the  name  of  Hampden. 
Nancy  Taber ;  Eliza  Ann  Tarbox  may  take  the  name  of 
Eliza  Ann  Taber  ;  Alnioda  Tarbox  may  take  the  name  of 
Almeda  Taber ;  Julia  Abby  Tarbox  may  take  the  name  of 
Julia  Abby  Taber,  severally,  of  Springfield  ;  Franklin  An- 
drews Whipple,  of  Monson,  may  take  the  name  of  Frank- 
lin Whipple, — all  of  the  county  of  Hampden.  Frederick  Franklin. 
Curtis  Squires,  of  Sunderland,  may  take  the  name  of  Sam- 
uel Pomroy  Montague ;  George  Allen,  of  Sunderland,  may 
take  the  name  of  George  Allen  Morse ;  David  Manson 
Daniels,  of  Montague,  may  take  the  name  of  Manson  Wells 
7 


1843. 


-Chap.  83. 


Berkshire. 


Norfolk. 


Bristol. 


Plymouth. 


Barnstable. 


Braynard;  John  Bangs,  of  Montague,  may  take  the  name 
of  John  Cushman  Bangs ;  Sylvia  Johnson  Goddard,  of  Or- 
ange, may  take  the  name  of  Sarah  Johnson  Goddard  ;  El- 
vira Wrisley,  of  Gill,  may  take  the  name  of  Elvira  Jackson ; 
Levi  Goodnow,  of  Charlemont,  may  lake  the  name  of  Jo- 
seph Watson  Goodnow ;  Diana  Goddard,  of  Orange,  may 
take  the  name  of  Amelia  Elizabeth  Goddard, — all  of  the 
county  of  Franklin,  llufns  Temple,  2d,  of  Williamstown, 
may  take  the  name  of  Munroe  Temple;  Harriett  Atwood 
White,  of  Williamstown,  mjay  take  the  name  of  Harriett 
White  Young;  John  Wesley  Haxford  and  Sarah  Watson 
Haxford,  of  Lenox,  may  severally  take  the  surname  of 
Butler, — all  of  the  county  of  Berkshire.  Hannah  Foster, 
of  Dorchester,  may  take  the  name  of  Anna  Elizabeth  Fos- 
ter ;  Eliza  Ciapp  Thayer,  of  Dorchester,  may  take  the 
name  of  Eliza  Thayer  Clapp ;  Charles  Bates,  of  Dorches- 
ter, may  take  the  name  of  Charles  Bates  Pierce  ;  Benaiah 
Prescott  Spaulding,  of  Randolph,  may  take  the  name  of 
Benjamin  Prescott  Spaulding ;  Sarah  Howard  Wales  Cur- 
tis, of  Stoughton,  may  take  the  name  of  Martha  Mary  Wor- 
cester Curtis;  GJeorge  Washington  Bull  may  take  the  name 
of  George  Washington  "Websiter ;  his  wife,  Hannah  Leach 
Bull,  may  take  the  name  of  Hannah  Leach  Webster ; 
Frances  Ann  Bull  may  take  the  name  of  Frances  Ann 
Webster  ;  George  Henry  Btdl  may  take  the  name  of  George 
Henry  Webster;  Charlotte  Louisa  Bull  may  take  the  name 
of  Charlotte  Louisa  Webster,  all  of  Roxbury ;  James  Henry 
Hodgkins,  of  Weymouth,  may  take  the  name  of  George 
Brooks;  Albert  Stoddard,  of  Weymouth,  may  take  the 
name  of  Albert  Austin  Stoddard, — all  of  the  county  of  Nor- 
folk. Harriet  Isabel  Crocker,  of  Taunton,  may  take  the 
name  of  Harriet  Burling  Crocker;  George  Bedon,  of  Dart- 
mouth, may  take  the  name  of  George  Butts ;  Julia  Marvin 
Coggeshall,  of  New  Bedford,  may  take  the  name  of  Julia 
Marvin  Parker  ;  Rebecca  Pierce  Selee,  of  Easton,  may  take 
the  name  of  Catharine  Rebecca  Pierce  Selee;  Harriet  G. 
Parks,  of  Taunton,  may  take  the  name  of  Harriet  G.  Rich- 
mond,— all  of  the  county  of  Bristol.  Joseph  Warren  Mag- 
lathlin,  of  Pembroke,  may  take  the  name  of  Joseph  Warren 
Way;  Calvin  Shaw,  2d,  of  Abington,  may  take  the  name 
of  Calvin  Holmes  Shaw;  Brackley  Shaw,  4th,  of  Abing- 
ton, may  take  the  name  of  Brackley  White  Shaw  ;  Betsey 
Dyer,  of  Abington,  may  take  the  name  of  Elizabeth  La- 
vinia  Dyer ;  Mary  Ann  Hollis,  of  Halifax,  may  take  the 
name  of  Eliza  Jane  W  aterman, — all  of  the  county  of  Ply- 
mouth. Zoheth  Smith,  2d,  of  Truro,  may  take  the  name 
of  Zoheth  Manlius  Smith;  Alvan  Cobb,  of  Truro,  may 
take  the  name  of  Richard  Alvan  Cobb  ;  Edward  S.  Howes, 
of  Dennis,  may  take  the  name  of  Jotham  Howes ;  Joshua 
D.  Knowles.  of  Truro,   may  take  the  name  of  Daniel  A. 


1843. Chap.  83—84.  51 

Knowles ;  Ermiua  Townley  Phinney,  of  Falmouth,  may 
take  the  name  of  Sophronia  Wicks  Phinney;  Zenas  El- 
dridge,  of  Harwich,  may  take  the  name  of  Zenas  D.  El- 
dridge  ;  Patty  Myric,  of  Harwich,  may  take  the  name  of 
Lucy  Myrick. — all  of  the  coimty  of  Barnstable.  And  the 
several  persons  before  mentioned,  from  and  after  the  pass- 
ing of  this  act,  shall  be  known  and  called  by  the  names 
which  by  this  act  they  are  respectively  allowed  to  assume 
as  aforesaid,  and  the  same  shall  hereafter  be  considered  as 
their  only  and  proper  and  legal  names.  [Approved  by  the 
Governor,  March  24,  1843.] 

An  Act  in  addition  to  the  several  Acts  concerning  the  Militia.  CuCtp.   84. 

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

Sect.  1.  The  return  of  the  mayor  and  aldermen  of  cities,  Annual  returns 
and  of  the  selectmen  of  towns,  required  by  the  fifth  section  seieSmen.  ^" 
of  an  act  entitled  an  act  concerning  the  militia,  passed  on 
the  seventeenth  day  of  March,  in  the  year  one  thousand 
eight  hundred  and  forty -one,  to  be  made  to  the  adjutant 
general,  on  or  before  the  tliirty-first  day  of  December,  an- 
nually, shall  be  made  on  or  belbre  the  fifteenth  day  of  Jan- 
uary, annually ;  and  the  return  of  the  adjutant  general, 
required  by  the  above-named  act,  to  be  made  to  the  governor 
of  the  Commonwealth,  shall  be  made  on  or  before  the 
twenty-fifth  day  of  January,  annually. 

Sect.  2.  Every  commanding  ofliccr  of  a  company  raised 
at  large,  shall  parade  his  company  on  the  last  Wednesday  Annual  parade. 
in  May,  annually,  at  one  o'clock  in  the  afternoon ;  any 
thing  in  the  act  entitled  an  act  in  addition  to  the  several 
acts  concerning  the  militia,  passed  on  the  twenty-fourth 
day  of  March,  in  the  year  one  thousand  eight  hundred  and 
forty,  to  the  contrary  notwithstanding. 

Sect.  3.  The  thirtieth  section  of  an  act,  entitled  an  act 
in  addition  to  thesev^eral  acts  concerning  the  militia,  passed 
on  the  twenty -fourth  day  of  March,  in  the  year  one  thou- 
sand eight  hundred  and  forty,  is  hereby  revived;  any  thing  Revival  of  for- 
in  the  ninth  section  of  an  act,  entitled  an  act  concerning  meraci. 
the  militia,  passed  on  the  seventeenth  day  of  March,  in  the 
year  one  thousand  eight  hundred  and  forty-one,  to  the  con- 
trary notwithstanding. 

Sect.  4.     The  commander-in-chief  is  hereby  authorized 
to  grant  petitions  for  raising  companies  at  large, />;-oyi£/e</ Companies  at 
that  the  whole  number  of  said  companies  in  the  Common-  large. 
wealth  shall  not  exceed  one  hundred  and  twenty. 

Sect.  5.     All  acts  and  parts  of  acts  inconsistent  with  the 
foregoing  provisions,  are  hereby  repealed.     [Approved  by  ^.epcai. 
the  Governor,  March  24,  1843.] 


52 


1843.- 


-Chap.  85—86. 


Chap,  85. 


Property  of 
school  districts 
not  taxable. 


Chap.  86. 


Assured  not 
liable  beyond 
the  amount  of 
premium. 

No  policy  to  is- 
sue until — 


Mode  of  invest- 
ing funds. 


Dividend. 


An  Act  concerning  the  property  of  Common  School  Districts. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same  : 

All  property  belonging  to  common  school  districts,  the 
income  of  which  is  appropriated  to  the  purposes  of  educa- 
tion, is  hereby  exempted  from  taxation.  [Aj^jjroved  by  the 
Governor,  March  24,  1843.J 

An  Act  to  incorporate  the  Atlantic  Mutual  Insurance  Company. 

BE  it  enacted  by  the  Senate  a?id  House  of  Represetita- 
tives,  in  General  Court  assem,bled,  a?id  by  the  authority  of 
the  same,  as  folloivs : 

Sect.  1.  Mark  Healy,  John  Henshaw,  Joshua  Sears, 
Robert  G.  Shaw,  William  Ward,  their  associates  and  suc- 
cessors, and  all  persons  who  shall  become  holders  of  policies 
of  the  associates  hereafter,  are  hereby  made  a  corporation, 
by  the  name  of  the  Atlantic  Mutual  Insurance  Company, 
to  be  established  in  the  city  of  Boston,  for  the  purpose  of 
making  maritime  loans  and  insurance  against  maritime 
losses  and  insurance  against  fire,  on  the  principle  of  a  mu- 
tual insurance  company,  and  for  this  purpose  shall  have  all 
the  powers  and  privileges,  and  be  subject  to  all  duties, 
restrictions  and  liabilities,  set  forth  in  the  thirty-seventh  and 
forty-fourth  chapters  of  the  Revised  Statutes,  so  far  as  the 
same  are  applicable  to  the  corporation  hereby  created,  to 
continue  for  the  term  of  twenty  years. 

Sect,  2.  No  person  effecting  insurance  with  the  said 
company  on  any  marine  risk,  shall  be  liable  in  any  court 
beyond  the  premium  paid  by  him  or  secured  to  be  paid. 

Sect.  3.  No  marine  policy  shall  be  issued,  until  applica- 
tion shall  be  made  for  marine  insurance,  for  the  sum  of  five 
hundred  thousand  dollars;  and  no  fire  policy,  until  applica- 
tion shall  be  made  for  insurance  against  fire,  to  the  amount 
of  fifty  thousand  dollars. 

Sect.  4.  All  funds  received  by  or  remaining  with  said 
company  shall  be  invested  in  such  stocks  or  securities  as 
are  now  required  by  law  of  insurance  companies  already 
incorporated,  and  no  division  thereof  shall  be  made  among 
the  stockholders  until  the  same  shall  exceed  the  sum  of 
two  hundred  thousand  dollars  ;  and  when  it  shall  exceed 
that  sum,  the  surplus  may  be  divided  among  the  parties 
legally  entitled  thereto,  and,  in  making  such  division,  the 
assured  of  the  first  year,  or  their  legal  representatives, 
shall  be  first  paid,  and  then  those  of  the  second  year,  and 
in  this  order  from  year  to  year  ;  and  the  assured  of  any 
particular  year  shall  be  paid  rateably  and  without  prefer- 
ence.    [Approved  by  the  Governor,  March  24,  1843.] 


1843. Chap.  87— -89.  53 

An  Act  relating  to  the  Poll  Tax.  Chap.   87. 

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

Sect.  1,     A  poll  tax  shall  be  assessed  upon  every  male  Poll  tax  oa  cit- 
inhabitant  of   this  Commonwealth,   between  the   ages  of  o!>^'^^i^tn^!f° 

1  1       1  •   •  /-     1       t"t     •       1   2'^  ^r*"  ^0  years 

twenty  and  seventy  years,  whether  a  citizen  oi  the  united  old. 
States  or  an  alien,  except  upon  persons  now  exempt  by  law 
from  taxation,  in  the  manner  heretofore  provided  by  law. 

Sect.  2.  All  acts  inconsistent  with  this  act  are  hereby 
repealed.     ^Approved  by  the  Governor,  March  24,  1843.] 

An  Act  relating  to  the  Boston  and  Providence  Rail-road  Corporation.  Chdp.    88. 

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

Sect.  1.  The  Boston  and  Providence  Rail-road  Corpo-  May  maintain  a 
ration  is  authorized  to  own  and  maintain,  in  whole  or  in  ^"^' 
part,  a  ferry-boat,  to  ply  across  Providence  river,  between 
the  road  of  said  corporation,  and  the  road  of  the  New  York, 
Providence  and  Boston  Rail-road  Company,  for  the  trans- 
portation of  passengers  and  goods  from  one  rail-road  to  the 
other. 

Sect.  2.  So  much  of  the  act  passed  on  the  twenty-third 
day  of  March,  in  the  year  one  thousand  eight  hundred  and 
forty,  entitled  "An  Act  relating  to  the  Boston  and  Provi-  Repeal. 
dence  Rail-road  Company,"  as  limits  the  amount  to  be 
paid  under  the  contract  thereby  authorized,  to  the  sum  of 
six  thousand  dollars,  is  hereby  repealed.  \Approved  by  the 
Governor,  March  24,  1843.] 

An  Act  to  set  off  Willard  Newton  and  others  A\ith  theii"  estates  from  South-  C/hcLJ).   89. 
borough  and  annex  them  to  Marlborough.  '■ 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  av.thority  of 
the  same,  as  follows  : 

Sect.  1.  So  much  of  Southborough  as  is  situated  norther- 
ly of  the  following  boundary  line,  viz.  beginning  on  the  line  of 
said  towns,  at  bound  number  three,  near  the  house  of  Barna- 
bas Brigham,  in  said  Marlborough,  thence  easterly  to  bound 
number  five,  at  Tunnecog  bridge,  is  hereby  annexed  to 
Marlborough. 

Sect.  2.  Until  the  next  State  valuation,  the  town  of 
Marlborough  shall  be  holden  to  pay  to  the  town  of  South- 
borough  one  nineteenth  part  of  all  the  State  or  county 
taxes,  which  may,  before  that  time,  be  assessed  on  said 
town  of  Soutiiborough. 

Sect.  3.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  24,  1843.] 


64 


1843.- 


■Chaf.  90. 


Chap.  90. 

Preamble. 


Particulars  of 
union  de- 
scribed. 


One  or  more 
officers  to  be 
inhabitants  of 
this  Common- 
wealth. 


Separate  ac- 
counts of  ex- 
penditures in 
each  state  to  be 
kept. 


An  Act  to  unite  the  Boston  and  Maine  Rail-road  Corporation,  and  the  Maine, 
New  Hampshii'e  and  Massachitsetts  Rail-road  Corporation. 

Whereas  the  Boston  and  Maine  Rail-road  Corporation  in 
this  Commonweahh,  and  the  Boston  and  Maine  Rail-road 
in  the  state  of  New  Hampshire,  have  been  united  into  one 
corporation  agreeably  to  the  acts  of  the  Legislature  of  the 
respective  states  ;  and  Avhereas  the  same  line  of  rail-road 
is  now  extended  into  the  state  of  Maine  by  virtue  of  an 
act  of  incorporation  in  that  state,  and  it  is  expedient  that 
the  whole  be  placed  under  one  organization,  and  under 
the  control  of  one  board  of  directors  ;  therefore, 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  stockholders  of  the  Boston  and  Maine 
Rail-road,  as  now  constituted,  by  virtue  of  acts  of  the  Le- 
gislature of  this  Commonwealth,  and  of  the  Legislature  of 
the  State  of  New  Hampshire,  are  hereby  constituted  stock- 
holders of  the  Maine,  New  Hampshire  and  Massachu- 
setts Rail-road,  a  corporation  created  by  the  Legislature  of 
the  state  of  Maine,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-six  ;  and  the  stockholders  of  the 
Maine,  New  Hampshire  and  Massachusetts  Rail-road  are 
hereby  constituted  stockholders  in  the  said  Boston  and  Maine 
Rail-road;  and  the  said  two  corporations  are  hereby  made 
one  corporation  by  the  name  of  the  Boston  and  Maine  Rail- 
road ;  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  stockholders  in  proportion  to  the  number  of  shares,  or 
amount  of  property  held  by  them  respectively  in  either  or 
both  of  said  corporations. 

Sect.  2.  One  or  more  of  the  directors  or  other  officers  of 
said  Boston  and  Maine  Rail-road  shall  be  an  inhabitant  of 
this  Commonwealth,  on  whom  processes  against  said  com- 
pany 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  a  separate  ac- 
count of  their  expenditures  in  Massachusetts,  New  Hamp- 
shire and  Maine,  respectively,  and  tlu'ce  commissioners 
shall  be  appointed,  one  by  the  governor  of  each  state,  to 
hold  their  offices  for  the  term  of  four  years,  and  to  be  com- 
pensated by  said  company,  who  shall  decide  what  portion 
of  the  expenditures  of  said  company,  and  of  its  receipts  and 
profits,  properly  pertain  to  those  parts  of  the  road  lying  in 
Massachusetts,  New  Hampshire  and  Maine  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. 


1813. -Chap.  90—91.  55 

Sect.  4.     The  said  company,  and  the  stockholders  there-  Within  Massa- 
in,  so  far   as  they  are  situate   in  Massachnsetts,   shall   be  i^hiUdes^&c 
subject  to  all  the  dnties  and  liabilities  of  the  Boston  and  of  the  Boston' 
Maine  Rail-road,  and  the  general  laws  of  this  Common-  and  Mame 

II  1  IT-.  1HT-T-.-1     Kaii-road  are 

wealth,  to  the  same  extent  as  the  Uoston  and  Mame  Kail-  preserved. 
road,  and  the  stockholders  thereof,  would  have  been,  if  this 
act  iKid  not  been  passed. 

Sect.  5.  This  act  shall  not  take  effect  until  the  Legis-  when  to  take 
lature  of  the  state  of  Maine  shall  have  passed  an  act  author-  ^ 
izing  the  uniting  of  the  said  corporation,  nor  until  said 
acts,  and  also  an  act  of  the  Legislature  of  the  state  of  New 
Hampshire,  passed  for  the  same  purpose,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-one,  shall  have 
been  accepted  by  the  stockholders  of  the  said  two  corpora- 
tions respectively,  at  legal  meetings  called  for  that  purpose. 
[Approved  by  the  Governor,  March  24,  1843.] 

An  Act  authorizing  the  Proprietors  of  Chelsea  Point  Bridge  to  take  toll   Qhcip,   91. 

thereon. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  tlie  authority  of 
the  same,  as  folloivs  : 

Sect.  1.  The  proprietors  of  Chelsea  Point  Bridge,  in 
the  town  of  Chelsea,  are  hereby  authorized  to  take  toll  at 
said  bridge;  any  thing  in  the  act  passed  on  the  first  day  of 
April,  in  the  year  one  thousand  eight  hundred  and  thirty- 
five,  entitled  "  An  Act  to  incorporate  the  Proprietors  of 
Chelsea  Point  Bridge,"  to  the  contrary  notwithstanding. 

Sect.  2.  The  rates  of  toll  shall  be  as  follows  :  For  each  Rates  of  toll, 
foot-passenger,  one  cent ;  provided  always,  that  all  scholars,  ^'^• 
while  going  to  and  returning  from  school,  shall  be  permitted 
to  pass  free  of  toll ;  for  each  horse  aiul  rider,  five  cents; 
for  each  horse  and  chaise,  chair  or  sulkey,  ten  cents ;  for 
each  coach,  phaeton,  chariot,  or  other  four-wheeled  carriage, 
drawn  by  two  or  more  horses,  seventeen  cents :  for  each 
cart  or  wagon  drawn  by  one  or  two  horses,  eight  cents; 
if  drawn  by  more  than  two  horses,  ten  cents  ;  for  each 
cart,  wagon  or  other  machine  drawn  by  two  oxen,  six 
cents;  if  drawn  by  more  than  two  oxen,  eight  cents;  for 
each  truck  or  dray,  drawn  by  one  horse,  six  cents;  if 
drawn  by  more  than  one  horse,  eight  cents ;  for  each  sleigh 
drawn  by  one  horse,  eight  cents  ;  if  by  more  than  one  horse, 
ten  cents  ;  for  each  sled,  drawn  by  two  oxen,  six  cents  ;  if 
drawn  by  more  than  two  oxen,  eight  cents ;  for  each  sled 
drawn  by  one  horse,  five  cents;  if  by  more  than  one  horse, 
two  cents  for  each  additional  horse;  for  all  horses,  mules 
and  neat  cattle,  two  cents  each;  and  for  all  sheep  and 
swine,  six  cents  for  each  dozen,  and  in  the  same  proportion 
for  a  single  sheep  or  swine: — and  the  right  of  takingj  said 
toll  sliall  commence  on  the  ifirst  day  of  April  next,  and  shall 


66 


1843.- 


■Chap.  91—93. 


Regulation. 


Chap.  92. 


Wills  duly 
made  abroad, 
by  inhabitants 
of  this  State, 
may  be  proved, 
&c.,  in  this 
state. 


So  of  wills  of 
inhabitants  of 
other  States. 


Repeal. 


continue  for  the  term  of  ten  years  therefrom ;  and  at  the 
place  where  the  said  toll  shall  be  taken  or  received,  there 
shall  be  erected  and  kept  constantly  exposed  to  view,  a 
sign-board,  with  the  rates  of  toll  fairly  and  legibly  written 
thereon  in  large  letters. 

Sect.  3.  The  Legislature  shall  have  the  power  to  regu- 
late the  rates  of  toll  to  be  taken  at  said  bridge,  to  amend, 
alter,  or  repeal  this  act  at  their  discretion;  any  thing  herein 
before  contained  to  the  contrary  notwithstanding.  \_Ap- 
proved  by  the  Governor^  March  24,  1843.] 

An  Act  concerning  Foreign  Wills. 

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

Sect.  1.  Any  will  of  an  inhabitant  of  this  State  made 
in  any  other  of  the  United  States,  or  in  any  foreign  country, 
and  which  might  be  proved  and  allowed  according  to  the 
laws  of  such  State  or  country,  may  be  proved  and  recorded 
in  this  State,  and  may  be  proceeded  in,  and  have  the  same 
effect,  as  if  it  had  been  executed  conformably  to  the  pro- 
visions of  section  sixth,  of  chapter  sixty-second  of  the  Re- 
vised Statutes. 

Sect.  2.  Any  will  of  an  inhabitant  of  any  other  State  or 
country  not  made  in  this  State,  and  which  might  be  proved 
and  allowed  according  to  the  laws  of  the  State  or  country 
where  the  will  was  made,  may  be  proved  and  recorded  in 
this  State,  and  any  estate  of  the  testator  found  in  this  Com- 
monwealth shall  be  disposed  of  according  to  said  will  and 
the  laws  of  this  Commonwealth  in  the  same  manner  as  if 
said  will  had  been  executed  according  to  the  laws  of  this 
State. 

Sect.  3.  All  laws  inconsistent  with  the  provisions  in 
this  law  are  hereby  repealed.  [Approved  by  the  Governor, 
March  24,  1843.] 


Chap.  93. 


An  Act  to  regulate  Banks  and  Banking. 
BE  it  enacted  by  the  Senate  a?id  House  of  Representa- 
tives, in  General  Cornet  assembled,  and  by  the  aiithority  of 
the  saine,  as  follows  : 
Respecting sur-  Sect.  1.  In  every  case  in  which  the  stockholders  of  a 
ter  &c  °^'^^^'^'  ^^^^^  may  desire,  under  existing  laws,  to  surrender  their 
charter,  and  in  every  case  in  which  a  bank  has  been  au- 
thorized to  reduce  its  capital  stock,  the  governor,  with  the 
advice  of  the  council,  shall  appoint  a  special  commissioner, 
who  shall  exercise  the  powers  and  perform  all  the  duties 
conferred  upon  and  required  of  bank  commissioners  by  the 
acts  passed  February  twenty-third,  and  April  thirteenth,  in 
the  year  one  thousand  eight  hundred  and  thirty-eight,  so 
far  as  the  same  relates  to  the  surrender  of  bank  charters  ; 


1843. Chap.  93.  57 

and  the  said  special  commissioners  shall  receive  for  their 
services  five  dollars  per  day,  to  be  paid  by  the  bank  for 
which  the  said  services  are  performed. 

Sect.  2.     No  cashier  of  a  bank,   nor  any  officer  under  ^°°ffi*=|';  <*f* 
him  shall  be  permitted  to  hire  money  of  the  bank  in  which  money  of  the 
he  is  employed.  bank. 

Sect.  3.     At  the  annual  meeting  of  the  stockholders  in  the  Committee  of 
several  banks,  they  shall  choose  a  committee  of  examina-  exammation— 
tioii,  to  consist  of  not  less  than  three  persons  who  are  stock- 
holders, and  not  directors   therein,  who   shall  perform  the 
duties  hereinafter  specified. 

Sect.   4.    Said  committee  or  a  majority  of  them  shall,  —to  make s tat- 
whenever  they  may  consider  it  necessary,  at  least  once  in  ed  visits, and 

•',         •',        •!•        I-  -i  \     r  !••     e-^amine  all  the 

every  six  months,  and  within  thirty  days  before  every  divi-  affairs  of  the 
dend  is  paid,  visit  their  bank   and  thoroiiffhly  inspect  and  bank,  and  state 

L         '  c      J  I  tfiG  83,1X16  unuGr 

examine  all  its  afiairs,  and  make  any  and  all  such  inquiries  oath, 
as  may  be  necessary  to  ascertain  the  true  condition  of  the 
institution.  They  shall  then  make  a  statement  in  the  form 
of  the  annual  return  required  by  the  sixty-fifth  section  of 
the  thirty-sixth  chapter  of  the  Revised  Statutes,  which 
statement  the  said  committee  shall  sign,  and  make  oath  to 
the  truth  of  the  same,  according  to  their  best  knowledge 
and  belief,  before  a  justice  of  the  peace:  and  said  statement 
shall  be  kept  in  the  bank,  subject,  during  bank  hours,  to  the 
inspection  of  any  stockholder  thereof 

Sect.  5.     A  book  shall  be  kept  in  every  bank,  in  which  Discount  book, 
shall  be  entered  all  notes  and  bills  ofiered  for  discount  to  the 
board  of  directors,  specifying  all  that  are  discounted. 

Sect.  6.  At  the  semi-annual  meetings  of  the  examining  Semi-annual 
committee,  all  the  books  of  the  bank  shall  be  opened  under  '"^^^"^ss- 
their  direction,  to  the  inspection  of  any  stockholder  therein, 
who  may  desire  to  examine  them.  And  reasonable  notice 
of  the  time  of  these  meetings,  and  also  of  the  provisions  of 
this  section,  shall  be  given  to  each  and  every  stockholder 
by  the  committee. 

Sect.  7.   No  dividend  shall  be  paid  by  anybank  to  its  stock-  Dividends, 
holders,  until  the  aforesaid  committee  have  certified,  under  ^  ^'^P^y^ 
oath,  that,  according  to  the  best  of  their  judgment  and  be- 
lief,  the  bank  can  pay  the  proposed  dividend  out  of  the 
profits  on  hand  ;  and  have  filed  the  certificate  with  the  town 
clerk  of  the  town  or  city  wherein  the  bank  is  located. 

Sect.  8.     Every  bank  neglecting  to  comply  with  the  pro-  Forfeiture, 
visions  of  this  act,  shall  be  subject  to  the  forfeiture  of  five 
hundred  dollars. 

Sect.  9.     One  eighth  of  the  stockholders,  in  number  or  9"^"=^l^,°f 
value,  in  any  bank,  may,  whenever  they  consider  it  neces-  ers  may  choose 
sary,  choose  a  committee  of  their  own  number,  to  make  an  from  them- 
investigation  of  its  concerns;    and  if,   upon  examination,  miuel^ofT-' 
said  committee  shall  be  of  opinion  that  the  bank  is  insol-  vestigation— 
vent,  or  that  its  condition  is  such  as  to  render  its  further 
8 


58  1843. Chap.  93—95. 

progress  hazardous  to  Ihe  public,  or  to  those  having  funds  in 
^n\°hrcJndU  ^^^  custody,  or  that  the  bank  has  exceeded  its  powers,  or  has 
tion  of  the  bank  failed  to  comply  with  all  the  rules,  restrictions  and  conditions 
tendent^"^^""^'  P''°^i^^^  ^Y  '^^^'j  ^^ey  shall  forthwith  report  the  facts  in  the 
case  to  one  of  the  justices  of  the  supreme  judicial  court,  and 
if,  upon  inquiry  into  the  circumstances  of  the  bank,  the  said 
w^enmavissue  J'^^^'^^  shall  cousider  it  necessary,  he  may  issue  an  injunction 
thereon—         to  restrain  such  corporation,  in  whole  or  in  part,  from  far- 
ther proceeding  with,  its   business,  until   a  hearing  of  the 
said  corporation  can  be  had;  and  said  justice  shall  forlh- 
said^repon—     with  issue  such  process,  and  after  a  full  hearing  of  said 
corporation  upon   the  matters  aforesaid,  may  dissolve  or 
modify  the  said  injunction,  or  make  the  same  perpetual  and 
make  such  orders  and  decrees  to  suspend,  restram  or  pro- 
hibit the  further  prosecuting  of  the  business  of  such  corpo- 
ration as  may  be  needful  in  the  premises,  according  to  the 
course  of  chancery  proceedings;  and  at  his  discretion  may 
be'appXted'.^^  appoint  agents  or  receivers  to  take  possession  of  the  prop- 
erty and  eifects  of  the  corporation,  subject  to  such  rules  and 
orders  as  may,  from  time  to  time,  be  prescribed   by  the  su- 
prenje  judicial  court,  or  any  justice  thereof  in  vacation. 
Respeotini?  Sect.  10.     In  all  cases  where  more  than  one  bank  is  es- 

daysof  annual  tablislied  in  the  same  town  or  city,  the  annual  meeting  for 
choice  of  directors  shall  be  held  on  different  days  in  the 
different  banks,  beginning  on  the  first  Monday  in  October, 
and  continuing  on  successive  days,  taking  the  banks  in  the 
order  in  which  they  are  arranged  in  the  bank  abstract,  pub- 
lished by  the  secretary  of  the  Commonwealth  in  the  year 
preceding  the  time  of  said  annual  meeting. 
Back's  to  pay  Sect.  11.  No  bank  shall  be  allowed  to  payout  from 
their own!''^  their  own  counters  any  bills  excepting  their  own.  [Ap- 
proved by  Ihe  Governor^  March  24,  1S43.] 

CIlClV.  94.  -^^  ■^'^^  ^^  addition  to  an  Act  concerning  Elections. 

BE  it  enacted  by  the  Senate  raid  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiUhority  of 
the  same,  as  follorcs : 
Suisetiawre-       So  much  of   the   second  section  of  the  act  concerning 
pealed.  elections,  approved  on  the  ninth  day  of  March,  in  the  year 

one  thousand  eight  himdrcd  and  thirty-nine,  as  provides  for 
closing  the  pf)lls  at  sunset  on  days  of  election,  is  hereby 
repealed.     [Approved  by  the  Governor,  March  24,  1843] 

ChctP'   95.  -An  Act  authorizing  the  Treasurer  to  receive  the  monfv  to  be  paid  to  Massa- 
chusetts, under  the  provisions  of  the  Treaty  ol  Washington. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  Genera/  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Receipt  of  Sect.  1.     The  treasurer  and  receiver  general  of  this  Com- 

the°late"treaV  monwealth  is  hereby  authorized  and  directed  to  receive 
from  the  treasury  of  the  United  States  such  sum  or  sums 


1843. Chap.  95—97.  59 

of  money  as  is  provided  to  be  paid  to  Massachusetts,  by  the 
act  adopted  at  the  third  session  of  the  twenty-seventh  Con- 
gress of  the  United  States,  which  provides  for  carrying  into 
effect  the  treaty  between  the  United  Stales  and  Great  Brit- 
ain, conchided  at  Washington  on  the  ninth  day  of  August, 
in  the  year  one  thousand  eight  hundred  and  forty-two. 

Sect.  2.     Tfie  treasurer  is  hereby  directed  to  a{)propriate  its  appropria- 
the  money,  when  received,  according  to  standard  laws.         ^^°"' 

Sect.  3.  This  act  shall  take  effect  from  and  after  its  pas- 
sage.    [Approved  by  the  Governor,  March  24,  1843.  J 

An  Act  to  incorporate  the  Steam-tow  and  Relief-boat  Company.  CllCtp,  96. 

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

Sect.  1.     Robert  B.  Forbes  and  his  associates,  are  hereby  Persons  incor- 
made  a  corporation,  by  the  name  of  the  Steam-tow  and  po^ated. 
Rehef-boat  Company,  for  the  purpose  of  keeping  the  harbor  obiects  of  the 
of  Boston  clear  of  ice,  for  towing  vessels  from  place  to  place,  company, 
for  assisting  vessels  in  distress,  and  for  attending  to  the 
interest  and   requirements  of  the  mercantile  community, 
within  the  waters  of  New  England,  on  such  terms  and. 
conditions  as  the  parties  interested  may  agree,  and  for  such 
other  purposes  as  the  shareholders  may  deem  expedient. 

Sect.  2.     It  shall  be  lawful  for  any  insurance  company,  insurance  com- 
now  incorporated,  or  to  be  incorporated  by  the  laws  of  this  vesriherem'^a 
Commonwealth,  to  invest  so  much  of  their  capital  stock,  or  portion  of  their 
of  their  surplus  capital,  not  exceeding  two  per  cent,  on  the  '^^P^^^^- 
amount  of  their  capitals,  respectively,   as  they  may  deem 
expedient,  in  the  stock  of   the  steam-tow  and  relief-boat 
company. 

Sect.  3.     The  capital  stock  of  the  said  corporation  shall  Capital  stock 
not  exceed  sixty   thousand  dollars,  and  for  the  purposes  $6o,ooo^*^ 
above  recited,  this  corporation  shall  have  all  the  powers  pQ^g^g^^j 
and  privileges,  and  be  subject  to  all  the  duties,  liabilities  privileges,  &c. 
and    restrictions  set  forth  in  the  forty-fourth  chapter  of  the 
Revised  Statutes.     And  this  act  shall  continue  in  force  for  Act  to  continue 

.1       ^  r  *  *  20  years. 

the  term  of  twenty  years.  •' 

Sect.  4.     The  stockholders  in   the  corporation   hereby  Stockholders 
created,  shall  be  liable  in   their  individual  capacity  for  the  JfabTe'^'^*^^^ 
debts  of  the  company.     [Approved  by  the  Governor,  March 
24,  1843.  j 

An  Act  concerning  Executors  and  Administrators.  C/lCtV.  97. 

BE  it  enacted  by  the  Senate  and  Ho2ise  of  Representa- 
tives, in  General  Court  assem,bled,  and  by  the  authority  of 
the  same,  as  follows : 

Any  executor  or  administrator  may,  upon  his  request,  be  Resignation  of 
allowed  to  resign   his  trust,  when   it  shall  appear  to  the  ^"***^' 
judge  of  probate  proper  to  allow  the  same;  and  upon  such 
resignation,  the  judge  of  probate  shall  grant  letters  of  ad- 


60  1843. Chap.  97—99. 

ministration,  with  the  will  annexed,  or  otherwise,  as  the 
case  may  require,  to  some  suitable  person,  to  adminis- 
ter the  goods  and  estate  of  the  deceased,  not  already 
administered.  [Appi'oved  by  the  Governor,  March  24, 
1843.] 

f^hnn    9R  -^^  -^^^  ^'"^  *^^  more  equal  Assessment  of  Taxes. 

*       BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,   and  by  the  authority  of 
the  same,  as  follows : 
Returns  to  be        Sect.  1.     For  the  purposcs  of  taxation,  it  shall  be  the 
^rs,^  by  ^calh-  ^uty  of  the  cashiers  of  the  several  banks,'the  clerks  of  the 
iers,'&c.—        several  rail -road  corporations,  and  the  clerks  of  all  insur- 
ance companies  (except  mutual  insurance  companies,)  and 
the  clerks  of  manufacturing,   bridge,  turnpike  and  canal 
corporations,   in   this  Commonwealth,   annually,  between 
—in  May.         the  first  and  tenth  day  of  May,  to  make  returns  in  person 
or  by  mail  to   the  assessors  of  every  city  or  town  in  this 
Commonwealth,  in  which  any  shareholder  in  such  corpora- 
tion may  reside,   in   manner  following,   viz.     The  return 
shall  state  the  name  of  each  owner  residing  in  such  town, 
with  the  number  of  shares  belonging  to  each,  on  the  first 
day   of  May  of  that   year,   and   the   par   value  of  such 
shares. 
Forfeiture  for        Sect.  2.     If  any  cashier  or  clerk  mentioned  in  the  first 
'^rfalsifica^"^^^  section  of  this  act  shall  refuse  or  neglect  to  make  such  re- 
tion—  turn,  or  shall  wilfully  falsify  such  return,  he  shall  forfeit 

the  sum  of  fifty  dollars  for  every  such  offence,  to  the  use  of 
the  city  or  town  in  which  such  shareholder  may  reside,  to 
be  recovered  by  the  treasurer  of  such  city  or  town  in  any 
court  of  competent  jurisdiction. 
— andforfraud-  Sect.  3.  If  any  shareholder  shall  fraudulently  transfer 
ulent  transfers,  any  share  in  either  of  the  corporations  mentioned  in  the 
first  section  of  this  act,  for  the  purpose  of  avoiding  taxa- 
tion, he  shall  forfeit  one  half  of  the  par  value  of  the  shares 
thus  transferred,  to  be  recovered  in  any  court  of  competent 
jurisdiction,  by  the  treasurer  of  the  city  or  town  in  which 
such  shareholder  may  reside  ;  one-half  of  the  amount  so 
recovered  for  the  use  of  the  town,  and  the  other  half  for 
the  use  of  the  person  or  persons  furnishing  the  necessary 
evidence  in  the  case.  {Aj)jjroved  by  the  Governor,  March 
24,  1843.] 

Chnn     QQ  ■^^  "^^^  abolishing  the  office  of  Attorney  General. 

"'        '       BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam,e,  as  follows  : 
Office  abolish-      Sect.  1.     The  office  of  attorney  general  of  this  Com- 
^^-  monwealth,  as  the  same  is  now  constituted  and  established 

by  law,  is  hereby  abolished. 


1843. Chap.  99—100.  61 

Sect.  2.     The  Commonwealth's  attorney  for  the  county  I^^JIif^nd'^ 
of  Suffolk,  and   the  several   district  attorneys  within  their  district  aitor- 
respective  districts,  shall  appear  for  the  Commonwealth,  in  P^y^  ^P  appear 

II  r  '^'•111  11         I  11       in  capual  pros- 

all  prosecutioiis  lor  crimes  punishable  with  death  :  and  the  ecutions,  and 

several  reports  which   they  are  now  reqr.ired  by  law  to  [i^eir  reports  to 

be  m&ciG  to  SGC~ 

make  in  the  month  of  November  in  each  year,  to  the  attor-  retary  of  the 
ney  general,  shall  hereafter  be  made  in  the  same  manner  to  ^v"^'"!"'}!^'^'^' 
the  Secretary  of  the  Commonweahh  ;  abstracts  of  which  mit  abstracts 
the  secretary  shall  make  and  submit  to  the  Legislature,  at  thereof  to  the 

.1  "^  4.     r  .1  I  •         *i  j:"  Leeislature. 

the  commencement  oi  the  annual  session  thereoi.  ' 

Sect.  3.     The  Commonwealth's  attorney  for  the  connty  Attorney  for 
of  Suffolk,  shall  also,  when  required   by  the  governor,  or  pear°for  Com- 
either  branch  of  the   Legislature,  appear  in  all   causes  in  monwealth,  in 
which  the  Commonwealth  may  be  a  party  or  be  interested,  ^he^eln^the 
and  shall,  when  required,  give  his  opinion  upon  questions  latter  is  inter- 
of  law  submitted  to  him  by  the  Legislature,  or  the  governor  ^^^®'^- 
and    council.       [Approved   by   the    Governor,    March   24, 
1843.] 

An  Act  to  incorporate  the  Mutual  Blarine  Insurance  Company.  Chap  1 00. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios,  viz  : 

Sect.  1.     Andrew  Robeson,  Thomas  Nye,  Jr.,  Edward  P^^^scms  incor- 
M.  Robinson,  their  associates,   successors,  and  all  persons 
who  shall  become  holders  of  policies  of  the  associates  here- 
after, are  hereby  made  a  corporation,  by  the  name  of  the 
Mutual  Marine  Insurance  Company,  to  be  established  in 
the  town  of  New  Bedford,  for  the  purpose  of  making  mari- 
time loans,  and  insurance  against  maritime  losses,  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,  restrictions  and  liabilities,  set  forth 
in  the  thirty-seventh  and  forty-fourth  chapters  of  the  Re- 
vised Statutes,  so  far  as  the  same  are  applicable  to  the  cor- 
poration herebv  created;  to  continue  for  the  term  of  twenty  To  continue  for 
years,  and  until   all  risks  then  outstanding  shall  terminate  ^"^  ^'^'^''®- 
and  be  adjusted. 

Sect.  2.     No  person  effecting  insurance  with  the  said  ?i° k"^"'!^ J J^^ 

,      1 1   ,        1  •    1  1      •  1  T     1  •  °'6  beyond  pre- 

company,  shall  be  liable  m  any  court  beyond  the  premmm  miumpaidor 
paid  by  him  or  secured  to  be  paid.  securedbyhim. 

Sect.  3.     No  policy  shall  be  issued  by  the  said  company  when  policies 

...  ,.        •      ^  I      II  1  1     ^       •  /■      ^u  ■/•  shall  be  issu- 

until  application  shall  be  made  for  insurance  lor  the  sum  ol  able. 
five  hundred  thousand  dollars. 

Sect.  4.  All  funds  received  by,  or  remaining  with,  said  Stock. 
company,  shall  be  invested  in  such  stocks  or  securities  as 
are  now  required  by  law  of  insurance  companies  already 
incorporated,  and  no  division  thereof  shall  be  made  among 
the  stockholders,  until  the  same  shall  exceed  the  sum  of 
two  hundred  and  fifty  thousand  dollars;  and  when  it  shall 


62  1843 Chap.  100. 

exceed  that  sum,  the  surplus  may  be  divided  among  the 
parties  legally  entitled  thereto,  and  in  making  such  divis- 
ion, the  assured  of  the  first  year,  or  tlieir  legal  representa- 
tives, shall  be  first  paid,  and  then  those  of  the  second  year, 
and  in  this  order  from  year  to  year;  and  the  assured  of 
any  particular  year  shall  be  paid  rateably  and  without  pref- 
erence.    [Approved  by  the  Governor,  March  24,  1843.] 


RESOLVES 


PASSED    BY    THE 


%t5isUtutt  of  ^assacl)usetts. 


Resol'v'e  for  the  payment  of  simdry  Pauper  Accounts.  CIlCip.    1  ? 

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  respective  names,  amounting  in  all  to  the  sum  of  fifty-  ®53,545  S7  al- 
three   thousand    five    hundred  and  forty-f.ve   dollars  and  discharge  of 
eighty-seven  cents;  the  same  being  in  full  discharge  of  the  demands. 
accounts  and  demands   to  which  they  refer ;  and   that   a 
warrant  be  drawn   accordingly.     \Apjyroved  by  the  Gov- 
ernor, Feb.  IS,  1S43.J     (^For  the  roll,  see  the  latter  part  of 
the  volume.') 

Resolve  to  extend  the  provisions  of  a  Resolve  passed  at  the  adjourned  session   QfiQjj^  2. 
of  the  General  Court,  in  the  month  of  September,  A.  D.  1842,  relating  to  i^* 

Prisoners  in  the  County  Jail  at  Lenox. 

Resolved,  That  the  provisions  of  a  resolve,  passed  at  the  Provisions  of 
adjourned  session  of  the  General  Court,  holdcn  in  the  month  prior  resolve 
of  September,  A.  D.  eighteen  liundred  and  forty-two,  and  Peb.^ist,  is44. 
approved  by  his  excellency  the  Governor,  on  the  sixteenth 
day  of  said  September,  authorizing  the  removal  of  prisoners 
charged  as  criminals,   confined   in  jail   at  Lenox,    in   the 
county  of  Berkshire,  to  the  jail  at  Springfield,  in  the  county 
of  Hampden,  be  and  the  same  are  herel)y  extended  to  the 
first  day  of  February,   A.  D.  eighteen  hundred  and  forty- 
four.     [Approved  by  the  Governor,  Feb.  20,  1843.] 

Resolve  on  the  Petition  of  Stephen  Corey.  CIlOp.   3. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  Ste- 
phen Corey,  of  Ashburnhani,  in  the  couiity  of  Worcester, 
guardian  of  Jonathan  Samson,  of  said  Asiil)urnliam,  an  in- 
sane person,  be  and  he  is  hereby  authorized  to  .sell  and 
convey,  in  such  manner  as  he  shall  deem  expedient,  all  the 
right,  title  and  interest  which  the  said  Samson  has  in  and 
imto  a  certain  farm,  situated  in  said  Ashburnhani,  contain- 


64 


1843.- 


■Chap.  3,  4,  5,  6. 


ing  about  ninety  acres,  it  being  the  same  conveyed  in  mort- 
gage by  the  said  Samson  to  one  Hosea  Stone,  to  secure  the 
Proviso.  payment  of  six   hundred   dollars;  provided^  that  said  con- 

veyance shall  be  so  made  as  to  secure  a  comfortable  sup- 
port and  maintenance  for  said  Samson  and  his  wife  Susan- 
na, during  their  natural  lives,  in  a  manner  to  be  approved 
of  by  the  judge  of  probate  for  the  county  of  Worcester. 
[Approved  by  the  Governor^  Feb.  22,  1843.] 

Resolve  in  relation  to  the  Militia  Bounty. 

Resolved,  That  the  several  towns  in  this  Commonwealth 
which  have  not,  the  past  year,  made  their  returns  to  the 
adjutant  general  of  the  amount  paid  by  said  towns  to  the 
volunteer  militia,  in  conformity  to  the  fifth  section  of  "an 
Act  concerning  the  Militia,"  passed  on  the  seventeenth  day 
of  March,  in  the  year  one  thousand  eight  hundred  and 
forty-one,  be,  nevertheless,  reimbursed  by  the  Common- 
wealth, upon  condition  that  the  mayor  and  aldermen,  or 
the  selectmen  of  said  towns,  shall  produce  satisfactory  evi- 
dence to  the  Governor  and  Council,  that  the  amount  has 
been  actually  paid  by  said  towns,  [Ajtproved  by  the  Gov- 
ernor, Feb.  25,  1843.] 

Resolve  authorizing  the  Treasurer  to  borrow  money  in  anticipation  of  the 

Revenue. 

Resolved,  That  the  treasurer  of  this  Commonwealth  be, 
and  he  is  hereby  authorized  to  borrow,  in  anticipation  of 
the  receipts  of  the  present  year,  of  any  of  the  banks  of  this 
Commonwealth,  or  any  corporation  therein,  or  of  any  indi- 
vidual 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  beibre  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  appropriated,  shall  be  received 
into  the  treasury  :  provided,  however,  that  the  whole  amount 
borrowed  by  authority  hereof,  and  remaining  unpaid,  shall 
not,  at  any  time,  exceed  the  sum  of  two  hundred  and  fifty 
thousand  dollars.  [Approved  by  the  Governor,  March  2, 
1843.] 

Resolves  in  addition  to  a  Resolve  concerning  School  District  Libraries. 

Resolved,  That  the  provisions  of  the  Resolve  of  March 
tliird,  eighteen  hundred  and  forty-two,  concerning  school 
district  libraries,  be,  and  the  same  are  hereby  extended  to 
every  city  and  town  in  the  Commonwealth,  not  heretofore 
divided  into  school  districts,  in  such  manner  as  to  give  as 
many  times  fifteen  dollars  to  every  such  city  or  town  as 
the  number  sixty  is  contained,  exclusive  of  fractions,  in  th(^ 
number  of  children  between  the  ages  of  four  and  sixteen 
Proviso.  years  in  said  city  or  town  ;  provided  evidence  be  produced 


Chap.  4. 


Towns  which 
have  not  made 
due  returns  to 
be  nevertheless 
reimbursed  hy 
Comm'th  for 
payments  to 
the  militia,  un- 
der certain  con- 
ditions. 


Chap.  3. 

Treasurer  may 
borrow  monev. 


Loan  not  to  ex- 
ceed $250,000. 


Chap.  6. 

Resolve  of 
March  3d, 
1S42  extended. 


1843. Chap.  6,  7,  8,  9.  65 

to  the  treasurer,  in  behalf  of  said  city  or  town,  of  its  hav- 
ing raised  and  appropriated,  for  the  establishment  of  libra- 
ries, a  sum  equal  to  that  which,  by  the  provision  of  this 
Resolve,  it  is  entitled  to  receive  from  the  school  fund. 

Resolved,   That   the  treasurer  be   instructed,   luider  the  Treasurer  of 
advice  and  direction  of  the  Governor  and  Council,  to  make  we£ath°tomake 
sales,  from  time  to  time,  of  notes  of  hand,  bank  stock,  and  sale  of  various 
other   securities   belonging    to    the    school   fund,    to   such  ion^[n^^^o^^' 
amount  as  shall  enable  him  to  comply  with  the  provisions  school  fund. 
of  the  above  Resolve,  and   with  those  of  the  Resolve   of 
March  third,  eighteen  hundred  and  forty-two,  concerning 
school  district  libraries.     [Apjjroved  by  the  Governor,  March 
7,  1843.] 

Resolve  on  the  Petition  of  S.  Abbott  Lawrence.  ChCLT).   7» 

Resolved,  for  reasons  set  forth  in   the  said  petition,  that 
Ihc  city  of  Boston  is  hereby  authorized  to  pay  to  S.  Abott  city  of  Boston 
Lawrence,  the  sum  of  three  dollars  and  seventy-five  cents  to  pay  certain 
for  each  member  of  company  K,  first  regiment,  first  brig-  hou^Lawrence' 
ade,  first  division  of  Massachusetts  volunteer  militia,  for  for  specified 
services  rendered  according  to  law,  for  three  fourths  of  the  P"'P°s^s~" 
year  eighteen  hundred  and  forty-two,  upon  his  establishing 
his  claim  to  the  same,  in  manner  and  form  as  if  said  com- 
pany had  performed  the  requisite  duties  for  the  full  year, 
and  he  had  made  his  return  within  the  term  specified  by  —and  to  he 
law  ;  and  that  the  amount  so  paid  be  reimbursed  to  said  city  from  treasury 
by  the  treasurer  of  this  Commonwealth  in  the  manner  pro-  of  Common'th. 
vided  Jjy  law.    [Approved  by  the  Governor,  March  10,  1843.] 

Resolve  on  the  Petition  of  William  AVashburn.  ChciV.   8. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
the  city  of  Boston  is  hereby  authorized  to  pay  to  William  City  of  Boston 
Washburn  the  sum  of  five  dollars  for  each  member  of  com-  ^^  pay  S^^'^^i'^ 
pany  G,  first  regiment,  first  brigade,  first  division  of  Mas-  Washbumfor 
sachusetts  volunteer  militia,  for  services  rendered  according  specified  pur- 
to  law,  in  the  year  eighteen  hundred  and  forty-two,  upon  P°^^^"~ 
his  establishing  his  claim  to  the  same,  in  manner  and  form 
as  if  his  return  had  been  made  within  the  time  specified  by 
law:  and  that  the  amount  so  paid  by  said  city  be  reim- — and  tobe  re- 
bursed  by  the  treasurer  of  this  Commonwealth  in  the  man-  |J^asurv'^of^°™ 
ner  provided  by  law.     [Approved  by  the  Governor,  March  Common'th. 
10,  1843.] 

Resolve  relating  to  the  removal  of  the  Public  Offices  of  the  County  of  Berk-  Chcip.   9. 

shire.  ^ 

Resolved,  That  the  selectmen  of  the  several  towns  in  the  inhabitants  to 
county  of  Berkshire  are  hereby  authorized  and  directed  to  vote  as  to  the 

•       1         r  ,>i  i-ii-  ri-  removmg 

warn,  in  due  lorm  ot  law,  the  uihabitants  oi  their  respec-  public  build- 
tive  towns  qualified  to  vote  in  town  affairs,  to  bring  in  their  ox^^op°[^sfield 
ballots  on  the  first  Monday  of  April  next,  expressing  their  and  making  P.' 
wishes  as  to  the  propriety  and  expediency  of  removing  said  the  shire  town, 
public  buildings  from  Lenox  to  Piitsfield.  and  making  Pitts- 
9 


66  1843. Chap.  9,  10,  11,  12,  13. 

field  the  shire  town;   and  at  said  meetings,  the  said  select- 
men shall  receive,  sort  and  count  said  votes,  and  make  cer- 
Retura  of  votes  tified  returns  of  the  same,   distinguishing  the  number  of 
to  be  made  to    ygtes  for,  and  the  number  of  the  votes  against  said  removal, 

county  comims-  '  ..  s  -i- 

sioners.  to  the  county  commissioners  at  Lenox,  in  said  county,  within 

ten  days  from  said  first  Monday  of  April  next.  And  said 
commissioners  are  hereby  required  to  certify  the  number  of 
votes  for,  and  the  number  of  votes  against  said  removal,  to 
the  secretary  of  the  Commonwealth,  on  or  before  the  first 
Monday  of  January  next.  [Approved  by  the  Governor^ 
March  14,  1843.] 

Cyh(ip»    10.  Resolve  on  the  Petition  of  Martin  Wheelock. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
tsoayearfors  there  be  allowed  and  paid,  out  of  the  treasury  of  the  Com- 
i?i842.°'"^''''^  monwealth,  to  Martin  AVheelock,  of  Gardner,  in  the  county 
of  Worcester,  the  sum  of  thirty  dollars  a  year,  for  the  term 
of  three  years  from  the  twelfth  day  of  June,  in  the  year  one 
thousand  eight  hundred  and  forty-two,  should  he  live  so 
long,  and  that  warrants  be  drawn  therefor  accordingly. 
[Approved  by  the  Governor,  March  14,  1843.] 

Chctp.    11.  -^  Resolve  for  the  pay  of  the  Clerks  of  the  Legislature. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
$8  per  day  to  treasury  of  this  Commonwealth,  to  the  clerk  of  the  Senate, 
clerks  of  the  t^^  sum  of  eight  dollars  per  day,  and  to  the  assistant  clerk 
$5  per  day  to  of  the  Senate  the  sum  of  five  dollars  per  day,  and  to  the 
assistant  clerk,  clerk  of  the  Housc  of  Representatives,  the  sum  of- eight 
dollars  per  day,  for  each  and  every  day's  attendance  they 
have  been  or  may  be  employed  in  that  capacity  dur- 
$100  to  each  iug  the  present  session  of  the  Legislature;  and  that  there 
clerk  for  copy    ^q  further  paid  to  the  clerk  of  the  Senate,  and  to  the  clerk 

of  journal.  /-itt^^ti  •  i  '     n  iii 

01  the  House  or  Kepresentatives,  the  sum  oi  one  hundred 
dollars  each,  for  copying  the  journals  for  the  library,  as 
required  by  the  orders  of  the  two  houses,  and  that  war- 
rants be  drawn  accordingly.  [Approved  by  the  Governor, 
March  14,  1843.] 

Chctp.    12.  Resolve  on  the  Petition  of  William  Kidder. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
$50  a  year  for  3  there  be  allowed  and  paid,out  of  the  treasury  of  theCommon- 
vears.from       wealth,  to  William  Kidder,  of  Tyngsborough,  in  the  county 
^^  ■      '       'of  Middlesex,  the  sum  of  fifty  dollars  a  year,  for  the  term 
of  three  years  from  the  twenty-third  day  of  September,  in 
the  year  one  thousand  eight  hundred  and  forty-one,  should 
he  live  so  long,  and   that  warrants  be   drawn   therefor   ac- 
cordingly.    [Approved  by  the  Governor,  March  14,  1843.] 

ChciV'    13.  Resolve  on  the  Petition  of  Derastus  Clapp. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
there  be  allowed  and  paid,  out  of  the  treasury  of  the  Com- 


1843. Chap.  13,  14,  15,  16.  67 

moiiwealth,  to  Derastus  Clapp,  of  the  city  of  Boston,  the  «6o  for  arrest- 
sum  of  sixty  dollars,  in  full  for  services  rendered  in  appre-  J-^f^j  ^'^^'  "" 
hending  Benjamin  Harford,  charged  with  the  crime  of  hav- 
ing in  his  possession  tools  and  implements  designed  for 
counterfeiting  the  current  silver  coin,  with  intent  to  use  the 
same  in  counterfeiting;  and  that  a  warrant  be  drawn  there- 
for.    [App?'oved  by  the  Govermor,  March  14,  1843.] 

Resolve  on  the  Petition  of  the  Selectmen  of  the  town  of  Northampton.         L^tldp.    14k 

Resolved^  for  reasons  set  forth  in  the  said  petition,   that 
there  be  paid,  out  of  the  treasury  of  this  Commonwealth,  $i32  64totown 
to  the  town  of  Northampton,  the  sum  of  one  hundred  and  ton,  for  s^o'rt 
thirty-two  dollars  and  sixty-four  cents,  in  full  for  expenses  ^^-^^i    "'. 
incurred  for  the  support  of  Jonathan  H.  Kendrick,  a  lunatic  pauper, 
state  pauper,  and  that  a  warrant  be  drawn  therefor  ac- 
cordingly.    [Approved  hy  the  Govarnor^  March  14,  1843.] 

Resolve  on  the  Petition  of  Lemuel  Pitts.  KjiKl'p.    lo. 

Resolved,  for  reasons  set  forth   in  the  said  petition,  that 
there  be  allowed  and  paid,  out  of  the  treasury  of  the  Com-  $30  to  Lemuel 
monwealth,  to  Lemuel  Pitts,  of  Charlestown,  in  the  county  ages^susta^Md 
of  Middlesex,  the  sum  of  thirty  dollars,  in  full  for  damages  by  him. 
sustained  by  him  on  account  of  his  horse  breaking  through 
the  Warren  bridge,  owing  to  a  defect  in  said  bridge,  and 
that  a  warrant   be  drawn  therefor.     [Ajjproved  by  the  Gov- 
ernor, March  14,  1843.] 

Resolve  on  the  Petition  of  the  City  of  Boston.  i^llCip.    16. 

Whereas  it  has  been  made  to  appear  to  this  Legislature 

that  some  of  the  islands  and  head-lands  in  the  harbor  of  Preamble. 
Boston  are  in  danger  of  being  seriously  injured,   if  not 
entirely  destroyed,  by  the  action  of  the  sea,  and  by  the 
removal  from  said  islands  and  head-lands  of  great  quan- 
tities of  stone  and  gravel ;  and,  in  consequence  thereof, 
the  principal  channel  of  said  harbor,  called  the  Narrows, 
is  gradually  becoming  filled  up,  to  the  great  detriment  of 
the  commercial  interests  and   the  naval  establishment  of 
the  United  States  in  said  waters,  and  the  commerce  and 
navigation  of  this  Commonwealth:     Therefore, 
Resolved,  That  it  is  expedient  that  the  necessary  meas-  Prevention  of 
ures  be  taken,  without  delay,   for  the  prevention  of  further  acikinof the^ 
injury  to  said  islands,  head-lands,  harbor  and  channel ;  and  sea  in  Boston 
that  the  senators  of  this  Commonwealth  in  Congress  be  '^^'^^°'- 
instructed,  and  the  representatives  requested,   to  apply  to  Application  to 
Congress  for  such  aid  from  the  government  of  the   United  Congress. 
States  as  shall  be  necessary  and  projjer  in  the  premises. 

Resolved,  That  his  excellency  the  Governor  be  requested  Governor  to 
to  transmit  to  the  senators  and  representatives  of  this  Com-  ^^"^'"^  ■ 
monwealth  in  Congress  copies  of  the  foregoing  Resolve. 


68  184S. Chap.  17,  18,  19,  20. 

CIWP'    17.  Resolve  on  the  Petition  of  Daniel  Herring. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  there 
«50  a  year  for  be  paid,  out  of  the  treasury  of  this  Comnionweahh,  the  sum 
Maicl^fQ^/^s!  of  fifty  dollars  per  annum,  for  four  years  fronri  the  twelfth 
day  of  March,  one  thousand  eight  hundred  and  forty-three, 
to  Daniel  Herring,  if  he  live  so  long,  for  injury  sustained 
by  him  while  performing  military  duty,  and  that  a  warrant 
be  drawn  therefor  accordingly.  [Approved  by  the  Governor, 
March  16,  1843.] 

Chap.    18.  Resolve  on  the  Petition  of  Hugh  R.  Kendall. 

Resolved,  for  reasons  set  forth  in  the  petition,   that  the 

Authority  to      said  Hugh  R.  Kendall,  in  his  capacity  of  guardian  of  the 

convey  title,  niiuor  children  of  Charles  Seaver,  late  of  Boston,  in  the 
county  of  Suffolk,  merchant,  deceased,  be  and  he  hereby  is 
authorized  to  convey  the  said  minors'  title  in  the  following 
described  real  estate,  situated  in  Cambridge,  in  the  county 
of  Middlesex,  viz.  :  beginning  at  a  stake  at  tlie  southeast- 
erly side  of  South  Third  street,  and  running  southwesterly 
thirty-five  feet  to  a  stake;  thence  southeasterly  on  a  street 
twenty  feet  wide,  sixty  feet  to  a  stake  ;  thence  northeasterly 
thirty-five  feet  to  a  stake;  thence  northwesterly  sixty  feet 
to  the  place  of  beginning  on  South  Third  street,  unto  John 
Marston,  upon  receiving  from  said  Marston  the  residue  of 
the  purchase  money  due  from  him  for  the  price  of  said  mi- 

Proviso.  nors'   title  in  said   premises :   provided,   ahvays,   that  said 

Kendall  shall  be  charged  with  and  accountable  for  said 
purchase  money,  as  if  the  same  had  been  received  and  the 
deed  delivered  within  a  year  after  he  obtained  a  license  to 
sell  the  said  real  estate  of  said  minors  from  the  probate 
court.     [Approved  by  the  Governor,  March  16,  1843. J 

Chcip.    19.  Resolve  on  the  Petition  of  John  Levy. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  said 

Empowered  to  John  Levy  is  hereby  authorized  and  empowered  to  receive 

hold  real  estate.  ^  ^^^^  ^^  deeds  of  real  estate  in  this  Commonwealth,  and 

hold  the  same  in  fee  simple,  in  as  full  and  ample  manner 

as  if  he  were  a  naturalized  citizen  of  the  United  States. 

[Approved  by  the  Governor,  March  16,  1843.] 

Chctp.   20.  Resolves  against  the  annexation  of  Texas  to  the  Union. 

Resolved,  That,  under  no  circumstances  whatsoever,  can 
the  people  of  Massachusetts  regard  the  proposition  to  admit 
Texas  into  the  Union  in  any  other  light  than  as  dangerous 
to  its  continuance  in  peace,  in  prosperity,  and  in  the  enjoy- 
ment of  those  blessings  which  it  is  the  object  of  a  free  gov- 
ernment to  secure. 

Resolved,  That  the  senators  and  representatives  of  Mas- 
sachusetts in  the  Congress  of  the  United  States  be  requested 
to  spare  no  exertions  to  oppose,  and  if  possible  to  prevent, 
the  adoption  of  the  proposition  referred  to. 


1843. Chap.  20,  21,  22,  23.  69 

Resolved^  That  his  excellency  the  Governor  be  requested 
to  transmit  one  copy  of  these  resolutions  to  the  executive  of 
each  of  the  United  States,  and  a  like  copy  to  each  senator 
and  representative  in  Congress  from  Massachusetts. 

PiEsoLVE  on  the  Petition  of  William  Miller  and  Josiah  Pomeroy,  Jr.  Cy/lCip,    2 1 . 

Resolved,  for  reasons  set  forth  in  said  petition,  that  there 
be  paid  to  William  Miller  and  Josiah  Pomeroy,  Jr.,  out  of  ^so  for  arrest- 
the  treasury  of  this  Commonwealth,  the  sum  of  thirty  dol-  \v^iso^^^ 
lars,  in  full  for  services  rendered  by  them  in  arresting  one 
James  M.  Wilson,  a  fugitive  from  justice,  and  that  a  war- 
rant be  drawn  therefor.  [Approved  by  the  Governor,  March 
17,  1843.] 

Resolve  on  the  Petition  of  Elizabeth  B.  Swett.  ChctV.   22. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  the 
said   Elizabeth  B.  Swett,   guardian  of  Elizabeth  L.  Swett,  Guardian  au- 
Joseph  C.  Swett,  and  William  B.  Swett,  minor  children  of  ^^lorized  to  con- 

I  ?  J  VGV  minors   in^ 

Tasker  H.  Swett,  deceased,  or  her  successors  in  that  trust,  tefestincer- 
be,  and  is  hereby  authorized  to  convey  to  Aaron  D.  W^il-  tain  land, 
liams,  his  heirs  or  assigns,  in  fee  simple,  by  a  good  and 
sufficient  deed,  all  the  right,  title,  interest  and  estate  of  the 
said  minors  in  and  to  one  undivided  half  of  a  piece  of  land 
in  Roxbury,  in  the  county  of  Norfolk,  conveyed  by  the 
South  Cove  Corporation  to  William  B.  Swett,  since  de- 
ceased, by  deed  dated  the  first  day  of  April,  in  the  year 
eighteen  hundred  and  thirty-six,  recorded  in  Norfolk  Regis- 
try of  Deeds,  Book  109,  Leaf  283,  and  of  two  pieces  of 
marsh  land  in  said  Roxbury,  conveyed  to  said  William  B. 
Swett  by  William  H.  Sumner  and  Aaron  D.  Williams,  by 
deed  of  ihe  same  date,  recorded  as  aforesaid.  Book  110, 
Leaf  262,  and  of  another  piece  of  marsh  land  in  said  Rox- 
bury, conveyed  to  said  William  B.  Swett  by  the  same 
grantors,  by  deed,  dated  the  twenty-second  day  of  Septem- 
ber, in  the  year  eighteen  hundred  and  thirty-six,  recorded 
as  aforesaid,  Book  112,  Leaf  222.  [Approved  by  the  Gov- 
ernor, March  17,  1843.J 

Resolve  on  the  Petition  of  Josiah  Sawtell.  Chcip.   23. 

Resolved,   for  reasons  set  forth  in  said  petition,  that  Jo- 
siah Sawtell,  of  Lowell,  in  the  county  of  Middlesex,  admin-  Administrator 
istrator  on  the  estate  of  Luke  Manning,  of  Townsend,  in  file  ^affidavit"  of 
said  county,  deceased,  be  and  he  is  hereby  authorized  to  file,  notice  of  sale  of 
in  the  probate  office  for  said  county,  an  affidavit  of  the  no-  "Certain  real 

•11-  T--  r     ^  1/-T  1   estate,  nunc 

tice  given  by  him,  as  admmislrator  of  the  sale  ot  the  real  pro /imc. 
estate  of  said  Manning;  and  the  said  affidavit  shall  have 
the  same  legal  effect  as  if  the  same  had  been  filed  in  said 
office  within  one  year  after  the  time  of  said  sale ;  provided,  Proviso, 
that  said  affidavit  shall  be  so  filed  within  three  months  from 
the  passage  of  this  resolve.  [Approved  by  the  Governor, 
March  18,  184.3.] 


70 


1843. Chap.  24,  25. 


Chap.  24. 


$3  75  to  each 
member  of  the 
Upton  Light  In- 
fantry, for  ser- 
vices in  1842. 


To  be  reim- 
bursed to  towns 
from  treasury 
of  Common- 
wealth. 


Chap.  25. 


Trustees  to  be 
appointed  for 
Sarah  Seaver, 
an  insane  per- 
son, to  protect 
her  interest  in 
sales  of  land, 
&c. 


Proviso. 


Resolve  on  the  Petition  of  David  C.  Wood  and  others. 
Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
the  treasurers  of  the  several  towns  in  which  the  members 
of  the  Upton  Light  Infantry  company  reside,  are  hereby 
severally  authorized  to  pay  to  each  member  of  said  com- 
pany, who  is  a  resident  in  their  respective  towns,  the  sum 
of  three  dollars  and  seventy-five  cents,  for  services  rendered 
in  three  fourths  of  the  year  one  thousand  eight  hundred 
and  forty-two,  upon  certificate  of  the  same,  in  the  same 
manner  and  form  as  if  said  company  had  performed  duty 
the  whole  year,  and  the  return  had  been  made  within  the 
time  specified  hy  law  ;  and  the  several  sums  so  paid  shall 
be  reimbursed  to  the  several  towns  respectively,  out  of  the 
treasury  of  the  Commonwealth,  as  provided  by  law.  \^Ap- 
proved  by  the  Governor,  March  18,  1843.] 

Resolve  on  the  Petition  of  Benjamin  Seaver. 
Resolved,  for  reasons  set  forth  in  said  petition,  that  the 
judge  of  probate  for  the  time  being,  in  the  county  of  Suf- 
folk, be  and  he  is  hereby  authorized  and  directed  to  appoint 
some  suitable  person  or  persons,  to  be  trustee  or  trustees  for 
and  in  behalf  of  Sarah  Seaver,  wife  of  Benjamin  Seaver,  of 
Boston,  in  said  county,  merchant,  so  long  as  the  said  Sarah 
shall  not  be  of  sane  mind ;  and  that,  whenever  the  said 
Benjamin  Seaver,  his  heirs  or  representatives,  shall  sell  all 
or  any  of  the  real  estate  in  said  Boston,  conveyed  to  him 
by  John  F.  Priest,  by  deed  recorded  with  Sufiblk  deeds, 
book  355,  leaf  196  ;  and  by  Edmund  Wright,  by  deed  re- 
corded as  aforesaid,  book  390,  leaf  240,  or  any  other  real 
estate  in  this  Commonwealth,  which  the  said  Benjamin 
Seaver  may  own  or  hold,  such  trustee  or  trustees  shall  re- 
lease and  convey  to  the  purchaser  or  purchasers  thereof,  all 
the  said  Sarah's  dower,  and  right  and  title  to  dower  therein  : 
provided,  thai  upon  any  and  every  sale  that  shall  be  made 
as  aforesaid,  the  value  of  her  dower,  or  right  of  dower  in 
the  land  so  sold,  at  the  time  of  such  sale,  shall  be  paid  to 
such  trustee  or  trustees,  who  shall  carefully  invest  the  same, 
apply  the  net  income  thereof  to  her  support  and  mainte- 
nance, during  her  natural  life;  and,  upon  her  decease,  shall 
pay  and  transfer  the  principal  money  so  received,  and  the 
funds  in  which  it  may  be  vested,  and  any  income  then  ac- 
crued, and  not  paid  over,  to  her  heirs  at  law.  And  pro- 
vided, also,  that  the  trustee  or  trustees  so  appointed,  shall 
first  give  bond  to  the  said  judge  of  probate,  with  sufficient 
surety  or  sureties,  for  the  faithful  performance  of  the  trusts 
and  duties  aforesaid.  [Approved  by  the  Governor,  March 
18,  1843.] 


Chap.  27. 


1843. Chap.  26,  27,  28,  29,  30.  71 

Resolve  in  favor  of  George  H.  Balch,  a  deaf  and  dumb  person.  Cflttf).  26. 

Resolved,  That  George  Henry  Balch,  son  of  William  S. 
Balch;  of  Bradford,  aged  ten  years,  be  placed  on  the  list  May  be  placed 
of  beneficiaries  supported  by  this  Commonwealth,  at  the  in  Hartford 
American  Asylum  for  the  Deaf  and  Dumb,  at  Hartford,  and  "  ^y^""- 
that  the  governor  be  authorized  to  grant  him  a  certificate 
of  admission.     [Approved  by  the  Governor^  March  18,  1843.] 

Resolve  concerning  the  establishment  of  a  Light  House  on  Minot's  Ledge. 

Resolved,  That  the  establishment  of  a  Light  House  upon 
Minot's  Ledge,  in  Massachusetts  Bay,  is  essential  to  the 
safety  of  the  commerce  of  this  Commonwealth,  and  of  the 
lives  of  seamen  upon  our  coast. 

Resolved,  That  his  excellency  the  governor  be  requested 
to  transmit  a  copy  of  these  resolves  to  the  president  of  the 
United  States. 

Resolve  on  the  Petition  of  the  Inhabitants  of  the  towTi  of  Carver.  Chcip.  28. 

Resolved,   for  reasons  set  forth  in  the  said  petition,  that 
James  ShurtlefF,  an  inhabitant  of  the  said  town  of  Carver,  J.  Shurtleff  to 
who  is  now  held  at  the  Lunatic  Hospital,  at  Worcester,  be  from^sta^e^L^^ 
discharged   therefrom,  and  delivered  to  an   agent  of  said  Hospital, 
town,  upon  the  condition  that  said  town  first  give  a  sufii- 
cient  bond  to  the  judge  of  probate,  in  and  for  the  county  of  i^e'r^o  °^v^"' 
Plymouth,  in  the  sum  of  one  thousand  dollars,  conditioned  bond. 
for  the  safe  keeping  of  said  Shurtleff,  and  pay  all  damages 
which  any  person  may  suffer  by  the  acts  of  said  James 
Shurtleff.     [Approved  by  the  Governor,  March  18,  1843.] 

Resolve  providing  for  a  Survey  of  the  Arsenals.  CflCtp.   29. 

Resolved,   That  his  excellency  the  governor  be  author- 
ized to  appoint  two  suitable  persons  to  survey  the  ordnance.  Two  suitable 
ordnance  stores,  muskets,   military  equipments,  and  other  P^'^®°."^  ^"J^® 

•'  J.        i  /  O.DDOint6Q.  DV 

property  in  the  arsenals  at  Boston  and  Cambridge,  and  to  Governor  to 
report  an  inventory  of  the  same,  with  particular  statements  make  survey. 
of  their  present  condition.     His  excellency  the  governor  is 
hereby  authorized  to  draw  a  warrant  for  the  payment  of 
the  expenses  of  this   survey.     [Approved  by  the  Governor, 
March  18,  1843.] 

Resolve  on  the  Petition  of  Ozias  Goodwin.  OhCLV.   30. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  the 
said  Ozias  Goodwin,  trustee  under  the  will  of  John  Bray,  Trustee  author- 
deceased,  or  his  successor  in  said  trust  be,  and  he  is  hereby  »zed  to  sell- 
authorized  to  sell  and  convey,  in  such  manner,  on  such 
terms,  and  for  such  prices  as  he  shall  deem  expedient,  at 
public  auction  or  private  sale,  the  whole  or  any  part  or 
parts  of  a  certain  tract  of  land,  with  the  buildings  thereon, 
situate  in  the  city  of  Boston,  and  to  which  the  said  Ozias 
Goodwin,  in  his  said  capacity,  is  entitled,  bounded  southerly 
by  Cambridge  street,  westerly  by  Blossom  street,  northerly 


72  1843. — -Chap.  30,  31,  32,  33. 

by  land  formerly  of  Samuel  Parkman,  deceased,  and  others, 
and  easterly  by  lot  numbered   three,  and  all  privileges  and 

—and convey,  appurteuances  thereto  belonging;  and  to  make  and  execute 
good  and  sufficient  deeds  thereof  in  fee  simple  to  the  pur- 

Proviso.  chaser  or  purchasers;  yrovided^  that  the  said  trustee  shall 

first  give  bond,  with  sufficient  surety  or  sureties,  to  the 
judge  of  probate,  to  account  for  the  proceeds  according  to 
law,  and  faithfully  to  execute  the  power  granted  by  this 
Resolve.      \Approved  by  ike  Governor^  March  18,  1843.] 

Chap.   til.  Resolve  on  the  Petition  of  Jonathan  C.  Clary. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
$5  for  militia  the  treasurer  of  the  town  of  Montague  is  hereby  authorized 
Erastuln^  to  pay  to  Jonathan  C.  Clary,  the  sum  of  five  dollars  for  the 
Huniesini842.  militia  services  (in  the  year  eighteen  hundred  and  forty- 
two)  of  Erastus  H.  Humes,  upon  his  establishing  his  claim 
to  the  same,  in  the  same  manner  and  form  as  if  his  return 
Tobereim-  had  been  made  within  the  time  specified  by  law,  and  that 
bursed  totown  ^j-jg  jjj^^^jj^j.  gQ  p^^j^j  gijall  be  reimbursed   to  the  said  town 

ol  Montague,  -t  r     t  ■       ^  i   i      ■         i 

from  treasury    out  01  the  treasury  of  this  Commonwealth  in   the  manner 
ofComm'th.      provided  by  law.      [Approved  by   the  Governor,  March  18, 

1S43.J 
Chap.   32.  Resolve  on  the  Petition  of  George  B.  Loring  and  others. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
«5  each  to  car-  the  treasurer  of  the  town  of  Andover  is  hereby  authorized 
tain  persons  for  {,-,  pg^y  {q  Geoi'ge  B.  Loriug,  surgeou,  George  Hodges,  Jr. 
inis42.  paymaster,  George  H.  Kittridge,  acting  adjutant,  and  J.  H. 

Clark,  colonel,  staff"  officers  attached  to  the  seventh  regi- 
ment of  infantry,  fourth  brigade,  second  division  of  Massa- 
chusetts volunteer  militia,  the  sum  of  five  dollars  each,  for 
militia  services  in  the  year  one  thousand  eight  hundred 
and  forty-two,  upon  their  establishing  respectively  their 
several  claims  to  the  same,  in  the  same  manner  as  if  their 
return  of  said  service  had  been  made  within  the  time  speci- 
Tobereim-  fied  by  law ;  and  that  the  several  sums  so  paid  shall  be 
of  Andov°er.°^^'^  reimbursed  to  the  said  town  in  the  manner  provided  by 
law.     [Approved  by  the  Governor,  March  20,  1843.] 

Cho/p.  33.  Resolve. on  the  Petition  of  the  County  Commissioners  of  the  County  of  Nor- 
"'         '  folk. 

$390  for  sup-  Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
?°she°^a°sute  ^^^^^  ^^  allowed  and  paid,  out  of  the  treasury  of  the  Corn- 
lunatic  pauper,  monwealth,  to  the  treasurer  of  the  county  of  Norfolk,  the 
sum  of  three  hundred  and  ninety  dollars,  in  full  for  the 
support  of  John  Asher,  a  state  lunatic  pauper,  to  January 
first,  eighteen  hundred  and  forty-three;  and  that  a  warrant 
be  drawn  therefor  accordingly.  [Appioved  by  the  Governor^ 
March  21,  1843.] 


1843. Chap.  34,  35,  36,  31,  38.  73 

Resolve  on  the  Petition  of  William  Thomas  Carroll,  of  Washington,  in  the   Qfidp.  34. 
District  of  Columbia.  ^ 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that  ^298  94  for  le- 
there  be  paid,  out  of  the  Warren  bridge  fund,  to  William  ^^ 
Thomas  Carroll,  clerk  of  the  supreme  court  of  the  United 
States,  the  sum  of  two  hundred  and  ninety-eight  dollars 
and  ninety-four  cents,  being  the  amount  of  his  legal  fees, 
accrued  to  him  in  the  suit  of  the  proprietors  of  the  Charles 
river  bridge  against  the  proprietors  of  the  Warreu  bridge 
and  others,  in  the  supreme  court  of  the  United  States;  and 
that  the  Governor  be  authorized  to  draw  his  warrant  there- 
for accordingly.  [App?'oved  by  the  Governor,  March  21, 
1843.] 

Resolve  on  the  Petition  of  the  County  Commissioners  for  the  County  of  Berk-  (^httj).  35. 

shire.  -^ 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that  ^221 84  for 
there  be  allowed  and  paid,  out  of  the  treasury  of  the  Com-  infa^neState^'' 
mon wealth,  to  the  treasurer  of  the  county  of  Berkshire,  the  paupers. 
sum  of  two  hundred  and  twenty-one  dollars  and  eighty- 
four  cents,  in  full  for  expenses  paid  for  the  support  of  Hal- 
sey  Simonds  and  Rowland   Perkins,  two  insane  state  pau- 
pers, to  the  first  day  of  January,   eighteen  hundred  and 
forty-three ;   and  that  a  warrant  be  drawn  therefor  accord- 
ingly.    [Approved  by  the  Governor,  March  21,  1843.] 

Resolve  for  the  payment  of  sundry  Military,  Sheriffs',  Printers'  and  Miscella-   QhciT).  36. 
neous  Accounts.  ^' 

Resolved,  That  there  be  allowed  and  paid,  out  of  the  ^ssss  56  for 
public  treasury,  to  the  several  persons  mentioned  in  the  countTand'de- 
accompanying  roll,   the  sums  set  against  their  respective  mands. 
names,  amounting  in  all  to  the  sum  of  three  thousand  five 
hundred  eighty-five  dollars  and  fifty-six  cents,  the  same 
being  in  full  discharge  of  the  accounts  and  demands  to 
which  they  refer ;  and  that  a   warrant  be   drawn  accord- 
ingly.      [Approved   by   the    Governor,    March   21,    1843.] 
{^For  the  roll,  see  the  latter  part  of  the  volume.^ 

Resolve  in  favor  of  John  V.  Low.  Chcip,  31  m 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
treasury  of  this  Commonwealth,  to  John  V.  Low,  assistant  ^2  aday  during 
messenger  to  the  Governor  and  Council,   two  dollars  for  Council  for 
each  and  every  day  he  has  been  or  may  be  employed  in  1843. 
that  capacity  during  the  sessions  of  the  council  for  the 
present  year ;  and  that  warrants  may  be  drawn   accord- 
ingly.    [Approved  by  the  Governor,  March  21,  1843.] 

Resolve  on  the  Petiiion  of  Daniel  Herring.  ChdJ).   38. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that  $50  for  an  an- 
there  be  paid  to  Daniel  Herring,  out  of  the  treasury  of  this  nuai  pension 
Commonwealth,   the  sum  of  fifty  dollars,  being  in  full  for  fediS^afoS 
the  amount  of  an  annual  pension  granted  to  him,  for  the  resolve. 
10 


74  1843. Chap.  38,  39,  40,  41. 

year  one  thousand  eight  hundred  and  forty-two,  which 
pension  was  accidentally  omitted  in  a  former  resolve ;  and 
that  a  warrant  be  drawn  therefor  accordingly.  [Approved 
by  the  Governor,  Marc/i  22,  1843.] 


39    Resolve  on  the  Petition  of  Joseph  Carleton,  James  Neuson  and  WiUiam  H. 

EUiot. 


Chap. 

$5eachtocer-  Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
Sifita^y^ser/"^  the  Selectmen  of  the  town  of  Andover  are  hereby  authorized 
vices  during  to  pay  to  Joscph  Carletou,  James  Neuson,  and  William  H. 
1842.  Elliot,  each,  the  sum  of  five  dollars  for  services  during  the 

year  one  thousand  eight  hundred  and  forty-two,  in  a  vol- 
unteer company  of  infantry,  marked  C,  commanded  by 
Capt.  John  K.  Cole;  and  that  the  said  town  be  reimbursed 
by  the  State.     {Appioved  by  the  Governor,  March  22,  1843.] 

Chat),   40.  Resolve  on  the  Petition  of  the  President,  Directors  and  Company  of  the  Am- 
■^'         '  herst  Bank. 

S123  for  pay-  Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
t&in\ikti^.^''  there  be  paid,  out  of  the  treasury  of  the  Commonwealth,  to 
the  President,  Directors  and  Company  of  the  Amherst 
Bank,  the  sum  of  one  hundred  and  twenty-three  dollars, 
the  same  to  be  in  full  payment  for  a  claim  which  said  bank 
has  made  on  the  treasury  by  reason  of  paying  a  check  for 
that  amount,  drawn  by  David  Wilder,  tlsq.,  late  treasurer 
of  the  Commonwealth,  in  favor  of  Asa  L.  Field,  upon  the 
City  Bank,  in  Boston,  bearing  date  on  the  twenty-fourth 
day  of  February,  A.  D.  eighteen  hundred  and  thirty-seven  : 
Proviso.  provided,  hoivever,  that  said  President  and  Directors  of  the 

Amherst  Bank,  in  behalf  of  the  bank,  shall  file  with  the 
treasurer  of  this  Commonwealth  a  satisfactory  obligation  to 
indemnify  the  treasury  against  any  claim  which  shall  or 
may  be  hereafter  made  thereon  by  the  presentation  of  said 
check  for  payment ;  and  when  such  obligation  shall  have 
been  filed,  a  warrant  shall  be  drawn  in  their  favor  accord- 
ingly.    [Approved  by  the  Govertior,  March  22,  1843.] 

ChflTI     41     Resolve  for  opening  a  Road  and  surveying  certain  Townships  in  the  State 
F'  '  of  Maine. 

Land  agent  (in      Rcsolvcd,  That  the  land  agent  of  this  Commonwealth, 

concurrence       in  concurrence  with  the  land  agent  of  Maine,  be,  and  he 

d-MdneVto^''^  is  hereby  directed,  to  extend  the  location  of  the  State  road 

extend  location  from  the  Aroostook    rivcr,   in  township  letter  G,   second 

of^state  road,    jaugc,  northerly,  in  the  most  direct  and  best  route  to  the 

river  St.  John.     To  run  the  boundary  lines  of  townships 

which  lie  between  those  already  marked  out  and  the  St. 

John  river,  and  to  survey  and  assign  to  the  inhabitants  on 

the  south  side  of  said  river,  the  lots  of  land  to  which  they 

Proviso.  are  respectively  entitled  ;  provided  that  the  same  can  be 

done  for  a  sum  not  exceeding  three  thousand  dollars,  and 

provided,  that  no  charge  therefor  be  made  on  the  treasury  of 

the  Commonwealth.     [Approved  by  the   Governor,   March 

22,  1843.] 


1843. Chap.  42,  43,  44,  45,  46,  47.  76 

Resolve  on  the  Petitions  of  Samuel  Meserve  and  others,  and  Abel  B.  Jones   Qfidj),  42. 

and  others.  ■*  * 

Resolved^  for  reasons  set  forth  in  the  said  petitions,  that  Organization  of 
his  excellency  the  governor  be,  and  hereby  is,  authorized  to  a  company  of 
grant  the  petition  of  Samuel  Meserve  and  others,  citizens  of  ^^  ^  ^^^^ 
Lowell,  praying  to  be  organized  as  a  company  of  artillery. 
And  also  the  petition  of  Abel  B.  Jones  and  others,  citizens  —and  one  of 
of  Sudbury,  praying  to  be  organized  as  a  company  of  rifle-  "^^nien. 
men; — if,    in   his   opinion,   it  may  be  deemed   expedient. 
[Approved  by  the  Governor^  March  22,  1843.] 

Resolve  on  the  Petition  of  Ebenezer  Jones.  CyuCip.   43. 

Resolved,  That  the  treasurer  be,  and  he   is  hereby  au- 
thorized and  directed  to  surrender  to  William  Tuckerman,  ce^nalnnotes^of 
Gustavas  Tuckerman,  James  Read,  Hall  J.  How,  Ebene-  hand, upon con- 
zer  Jones,  and  Samuel  W.  Waldron,  the  notes  now  in  his  <li'i°"- 
possession,  signed  by  them  jointly  and  severally,  upon  re- 
ceiving from  each  and  all  of  them  a  good  and  sufficient  re- 
lease to  the  Commonwealth  of  all  their  claims  to  township 
number  five  in  the  seventh  range  of  townships  in  the  State 
of  Maine.     [Approved  by  the  Governor,  March  22,  1843.] 

Resolve  on  the  Petition  of  the  County  of  Hampden.  i^tlCip.   4i4<. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
be  paid  out  of  the  treasury  of  this  Commonwealth,  to  the  port^Jf  Catlm-" 
county  of  Hampden,  the  sum  of  twenty-eight  dollars  and  rineRyan,  a 
fifty-seven  cents,  in  full  for  the  support  of  Catharine  Ryan,  lunatic  pauper. 
a  lunatic  pauper,  from  the  13th  day  of  October,  1842,  to 
the  1st  day  of  January,  1843;  and  that  a  warrant  be  drawn 
therefor  accordingly.     [Approved  by  the  Governor,  March 
22,  1843.] 

Resolvt:  concerning  the  Quarter  Master  General's  Department.  KynlljJ.  '*0. 

Resolved,  That  the  sum  of  three  thousand  dollars   is  4„,„„  f    „^ 

11  -11^1  r     1  S3000  lor  ex- 

nereby  appropriated  to  detray  the  expenses  ot  the  quarter  penses  of  de- 
master  general's  department  for  the  current  year,  and  that  partment,  the 

1         1  ^1  r  r  t  77-7      V>  current  year, 

warrants  be  drawn  theretor.     [Approved  by  the  Governor, 

March  22,  1843.1 


Chap.  46. 

Two  commis- 
sioners to  con- 


Resolve  concerning  Standard  Weights  and  Measures. 
Resolved,  That  His  Excellency  the  Governor  be  author- 
ized and  requested  to  appoint  two  commissioners  to  consider 
and  report  to  the  next  Legislature,  what  alterations,  if  any,  sider  and  report 
are  expedient  in  the  existing  laws  in  relation  to  standard  uponahera- 
weights  and  measures,  and  to  the  sealing  of  weights  and        ' 
measures  in  this  Commonwealth,  provided  the  same  can  Proviso, 
be  done  without  expense  to  the  State.     [Approved  by  the 
Governor,  March  22,  1843.] 

Resolve  concerning  certain  Documents  relating  to  Revolutionary  Services,    diar),   47. 
Resolved,  That  the  secretary  of  the  Commonwealth  be,  ssoo  for  index- 
and  he  hereby  is,  directed  to  receive  such  muster  rolls  and  ing  and  arrang- 
other  evidences  of  revolutionary  services,  now  belonging  ^°^ ^"  ^''"^ 


76  1843. Chap.  47,  48,  49,  50,  51. 

of  revolution-  to  individuals  or  societies,  as  it  may  be  in  his  power  to  ob- 
ary  services.  ^^j,^  .  ^j^(j  ^q  cause  the  same,  together  with  all  which  may 
already  be  in  his  possession,  to  be  indexed  and  arranged  in 
the  manner  prescribed  in  the  resolve  passed  on  the  twelfth 
day  of  March,  in  the  year  one  thousand  eight  hundred  and 
forty;  and  the  governor  is  authorized,  by  and  with  the  ad- 
vice and  consent  of  the  council,  to  draw  his  warrant  to  de- 
fray the  expense  thereof,  for  an  amount  not  exceeding  five 
hundred  dollars.  [Apptoved  by  the  Governor.  March  22, 
1843.] 

ChCLT).  48.  Resolve  on  the  Accounts  of  the  Land  Agent. 

Resolved^  That  George  W.  Coffin,  land  agent  of  the  Corn- 
Land  agent  dis-  monwealth,  be,  and  he  hereby  is  discharged  from  the  pay- 
chargedfrom     meut  of  the  sum  of  tliirty-five  thousand  eight  hundred  and 
certain'^sum.^     iiiuety-seven   dollars    and  fifty-six    cents,   the    receipt   of 
which  is  acknowledged  in  his  account  with  the  Common- 
wealth to  the  twenty-first  day  of  January,  one  thousand 
eight  hundred  and  forty-three.     [Ajjproved  by  the  Governor, 
March  22,  1843.] 

Chcip,  49.  Resolve  to  pay  the  Doorkeepers  and  Messengers  of  the  Senate  and  House  of 

Representatives. 

Specification  of  Resolved.,  That  there  be  allowed  and  paid,  out  of  the 
payments.  treasury  of  this  Commonwealth,  to  three  doorkeepers  and 
three  assistant  doorkeepers  of  the  House  of  Representatives, 
also  to  the  doorkeeper  of  the  Senate,  each  the  sum  of  two 
dollars  per  day,  for  each  and  every  day's  attendance,  during 
the  present  session  of  the  Legislature;  also  to  one  assistant 
messenger  the  sum  of  one  dollar  and  fifty  cents  for  each 
day's  attendance  during  the  same,  and  to  two  pages  of  the 
Senate,  one  eighty  cents,  and  one  seventy  cents,  for  each 
day's  attendance  during  the  same,  and  to  the  page  of  the 
House  of  Representatives,  the  sum  of  one  dollar  per  day 
for  each  day's  attendance  during  the  same  ;  and  that  war- 
rants be  drawn  accordingly.  \Approved  by  the  Governor, 
March  22,  1843.] 
ChdV'   50.  Resolve  to  pay  the  Chaplains  of  the  Legislature. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas- 
$60  and  30,  re-  ury  of  this  Commonwealth,  to  the  chaplain  of  the  Senate 
spectiveiy,  to  ^he  sum  of  sixty  dollars  ;  and  to  the  chaplains  of  the  House 
Senate^and  of  Representatives  the  sum  of  thirty  dollars  each  ;  and  that 
House.  warrants  be  drawn  accordingly.     [Approved  by  the  Gov- 

ernor, March  22,  1843.] 
ChcLD     51.  Resolve  on  the  Petition  of  Lucy  Elliot. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
$50  for  revolu-  there  be  allowed  and  paid,  out  of  the  treasury  of  the  Com- 
tionary services  monwcalth,  to  Lucy  EUiot,  of  Dublin,  in  the  State  of  New 
Campbell         Hampshire,  the  sum  of  fifty  dollars,  in  full  for  the  revolu- 
tionary services  of  her  husband,  Daniel  Campbell ;  and  that 


1843. Chap.  51,  52,  53,  54,  55.  77 

a  warrant  be  drawn  therefor  accordingly.     [Approved  by 
the  Governor,  March  22,  1843.] 

Resolve  on  the  Petition  of  Jonas  Melville.  Ckcip.   52. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  there 
be  paid  to  Jonas  Melville,  out  of  the  treasury  of  this  Com-  «25fordam- 
monwealth,  the  sum  of  twenty-five  dollars,  in  full  for  dam-  ^^^^j^ ^"^^'^jjfji^ 
ages  sustained  by  him,  by  the  discharge  of  a  musket  while  tary  duty. 
performing  military  duty   in  September  last ;    and   that   a 
warrant  be   drawn  therefor.      [Ajjpjoved  by  the  Governor, 
March  22,  1843.] 

Resolve  on  the  Petition  of  C3rrus  Lovell.  Ckop,   53. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
Cyrus  Lovell,  of  Worcester,  in  the  county  of  Worcester,  Trustee  em- 
trustee  under  the  last  will  and  testament  of  John  Temple,  P°^!T/iLl^/i 

I'll        part  01  certain 

late  of  West  Boylston,  m  said  county,  deceased,  is  hereby  real  estate. 
authorized  and  empowered  to  sell,  at  public  or  private  sale, 
a  part  of  the  real  estate  held  under  said  will,  to  wit :  one 
undivided  third  part  of  one  undivided  half  of  a  certain 
farm,  consisting  of  about  one  hundred  and  fifty  acres,  situ- 
ate partly  in  Worcester  aforesaid,  and  partly  in  West  Boyls- 
ton aforesaid,  and  to  convey  the  same  by  deed  duly  exe- 
cuted and  acknowledged  ;  and  the  said  trustee  shall  hold 
and  invest  the  proceeds  of  such  sale,  and  the  same  shall 
descend  in  the  same  manner  that  said  real  estate  would 
otherwise  be  held  or  descend  under  said  will ;  provided,  Proviso, 
that  said  trustee  shall  first  give  bonds  to  the  judge  of  pro- 
bate for  the  county  of  Worcester,  that  he  will  faithfully 
execute  the  power  hereby  granted  to  him.  [Ajiproved  by 
the  Governor,  March  22,  1843.] 

Resolve  on  the  Petition  of  Timothy  T.  Fisher  and  another.  L/ildp.   o4f. 

Resolved,  That,  for  reasons  set  forth  by  the  petitioners, 
the  public  administrator  on  the  estate  of  Nancy  Fisher,  late  Public  admin- 
of  Foxborough,  in   the  county  of  Norfolk,  deceased,  intes-  Hvertothe 
tate,  is  hereby  authorized   and  directed  to  pay  and  deliver  heirs-at-law, 
over  to  the  heirs  at  law  of  Hannah  Dunham',  late  of  said  fo!i|[°ft7a*'^' 
Foxborough,  deceased,  all   the  goods,  eftects  and  credits  of  certain  estate, 
every  description,  which  belong  to  said  estate,  or  may  here- 
after come  into  his  hands  as  the  administrator  thereof,  after 
payment  of  the  debts  and  charges  of  administration.     [Aj)- 
proved  by  the  Governor,  March  22,  1843.] 

Resolve  granting  Taxes  for  the  several  Counties.  Chctp.   55» 

Whereas  the  treasurers  of  the  following  counties  have  laid 

their  accounts   before    the  Legislature,   which  accounts  Preamble. 
have  been  examined  and  allowed,  and  the  clerks  of  the 
county  commissioners  have  exhibited  estimates  made  by 
said  commissioners,  of  the  necessary  charges  which  may 
arise  within  the  respective  counties  for  the  year  ensuing, 


78  1843. Chap.  55,  56,  51,  58. 

and  of  the  sums  necessary  to  discharge  the  debts  of  said 
counties  : 
The  sums  Therefore^   resolved,   that  the    sums    placed  against    the 

fpectfv'ify  names  of  the  several  counties,  in  the  following  schedule, 
are  hereby  granted  as  a  tax  for  each  county  respectively, 
to  be  assessed,  paid,  collected  and  applied,  according  to 
law,  viz:  county  of  Essex,  thirty-two  thousand  six  hun- 
dred dollars;  county  of  Middlesex,  thirty-eight  thousand 
five  hundred  dollars  ;  county  of  Worcester,  twenty-seven 
thousand  dollars;  county  of  Hampshire,  ten  thousand  dol- 
lars; county  of  Hampden,  fourteen  thousand  five  hundred 
dollars  ;  county  of  Franklin,  seven  thousand  dollars  ;  coun- 
ty of  Berkshire,  fifteen  thousand  dollars ;  county  of  Nor- 
folk, ten  thousand  dollars ;  county  of  Bristol,  twenty-two 
thousand  dollars ;  county  of  Plymouth,  fourteen  thousand 
dollars;  county  of  Barnstable,  six  thousand  dollars  ;  county 
of  Dukes,  six  hundred  dollars.  [Ajypi'oved  by  the  Governor, 
March  23,  1843.] 

ChttJ).   5Q.  Resolve  on  the  Petition  of  the  Selectmen  of  Hawley. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  there 

S80  for  militia  ^^  P^id  from  the  treasury  of  this  Commonwealth  to  the 

duty  performed  treasurer  of  the  town  of  Hawley,  the  sum  of  eighty  dollars, 

in  1842.  -j^  £-^^jl  ^^^  money  paid  by  said  treasurer  to  certain  soldiers 

for  militia  duty  performed  in  the  year  eighteen  hundred 

and  forty-two;    and  that  a  warrant  be   drawn  therefor. 

[Approved  by  the  Governor,  March  23,  1843.] 

C^hctn     57  Resolve  on  the  Petition  of  the  Heirs  of  Thomas  Jamison. 

Resolved,  That  there  be  paid  out  of  the  public  treasury 

$63  5  amount    ^^  ^'^^^  Commonwealth,  to  Helen  McEwen  and  Catherine 

of  deceased's     Jauiisou,  heirs  of  Thomas  Jamison,  late  of  Salem,  in   the 

hSeii^^''^  ^°    county  of  Essex,   deceased,  or  to   Benjamin  Merrill,  Esq. 

their   attorney,    the   sum  of  sixty-three  dollars   and    five 

cents,  the  amount  of  the  estate  of  the  deceased,  deposited 

with  the  treasurer  of   this  Commonwealth,  by  the  public 

administrator  for    said   county ;    and   that    a   warrant  be 

drawn  accordingly.      [Approved  by  the   Governor,  March 

23,  1843.] 

Chap.  58.  Resolve  on  the  Petition  of  the  Selectmen  and  Treasurer  of  the  town  of  Orange. 
Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
$15  23  for         there  be  paid  to  the  treasurer  of  the  town  of  Orange,  from 
bounty  on         i]^q  treasury  of  this  Commonwealth,  the  sum  of  fifteen  dol- 
lars and  twenty-three  cents,  in  fall  for  money  paid  from  the 
treasury  of  said  town,  in  the  year  eighteen  hundred  and 
forty-one,   for  bounty  on  wheat ;   and  that  a  warrant  be 
drawn  therefor.      [Apr)roved  by  the  Governor,  March  23, 
1843.] 


1843. Chap.  59,  60,  61,  62.  79 

Resolve  in  favor  of  John  Willey.  Ch(lt)>   59. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  there 
be  allowed  and  paid,  out  of  the  treasury  of  this  Common-  $29 67 for print- 
wealtli,  to  John  Willey,  the  sum  of  twenty-nine  dollars  and  -1^^1340^^^^ 
sixty-seven  cents,  for  printing  the  laws  in  one  thousand 
eight  hundred   and  forty ;  and    that  a  warrant  be  drawn 
accordingly.     [App?^oved  by  the  Governor,  March  23,  1843.] 

Resolves   concerning  an   Amendment   to  the   Constitution   of   the  United  Qfiaj),   60. 

States.  "' 

Resolved,  That  the  following  amendment  to  the  Consti-  Amendment. 
tution  of  the  United  States  be,  and  hereby  is  recommended 
to  the  consideration  of  Congress,  to  be  acted  on  according 
to  the  fifth  article.  The  third  clause  of  the  second  section 
of  the  first  article  shall  read  in  the  words  following:  Rep- 
resentatives and  direct  taxes  shall  be  apportioned  among  the 
several  states  which  are  or  may  be  included  within  this 
Union,  according  to  their  respective  numbers  of  free  persons, 
including  Indians  not  taxed.  The  actual  enumeration  shall 
be  made  within  two  years  from  the  date  of  the  adoption' 
of  this  amendment  in  the  manner  provided  by  the  consti- 
tution, and  within  every  subsequent  term  of  ten  years,  in 
such  manner  as  the  Congress  shall  by  law  direct.  The 
number  of  representatives  shall  not  exceed  one  for  every 
thirty  thousand,  but  each  state  shall  have  at  least  one  rep- 
resentative. 

Resolved,  That  his  excellency  the  governor  be  requested  Copies  to  the 
to  transmit  a  copy  of  the  aforegoing  resolve,  and  the  pro-  senators  and 

T  ,'•'  If?  1  T  r  representatives 

posed  amendment,  to  each  01  the  senators  and  members  01  from  this  State 
the  House  of  Representatives  of  this  Commonwealth  in  the  m  Congress; 
Congress  of  the  United  States. 

Resolved,  That  his  excellency  the  governor  be  requested  andtotheexe- 
to  transmit  a  copy  of  the  same  resolve  and  amendment  to  unlon^and  the 
the  executive  of  the  United  States  and  of  the  several  states,  several  states. 

Resolve  concerning  the  Winthrop  Bank.  CllCtV'    61. 

Resolved,  That  the  tax  on  the  capital  stock  of  Winthrop  -p^xonca  ital 
Bank,  of  Roxbury,  which  has  become  due  to  this  Common-  stock  remitted, 
wealth  since  the  fourth  day  of  December  of  the  year  one 
thousand  eight  hundred  and  forty-one,  be  remitted,  and  that 
said  bank  be  wholly  discharged  from   the  payment  of  the 
same.     [Approved  by  the  Governor,  March  24,  1843.] 

Resolve  to  pay  for  Fuel  and  for  other  purposes.  ChdV    62 

Resolved,  That  there  be  paid  out  of  the  treasury,  to  Ben- 
jamin Stevens,  sergeant-at-arms  to  the  General  Court,  the  $1300  for  fuel 
sum  of  eighteen  hundred  dollars,  to  enable  him  to  purchase  &c.  for  state' 
fuel  and  other  necessary  articles  for  the  use  of  the  General     °"^^' 
Court  and  the  several  public  offices  in  the  State  House. 
[Approved  by  the  Governor,  March  24,  1843.] 


80 


1843.- 


-Chap.  63,  64. 


Chap,  QS. 


National  Foun- 
dry and  build- 
ing-yard de- 
manded by  the 
state  of  the  Na- 
vy, &c. 


Respecting  pe- 
titions already 
transmitted  to 
Congress. 


Delegation  in 
Congress  to 
urge  the  meas- 
ure. 


Copies  to  be 
transmitted. 


Chap.  64. 


Eesolves  in  favor  of  the  establishment,  by  the  General  Government,  of  a  Na- 
tional Foundry  and  Yard  for  building  Steam  Ships  of  War  and  Floating 
Steam  Batteries,  upon  the  extensive  lands  belonging  to  the  United  States, 
opposite  the  Navy  Yard,  in  the  harbor  of  Boston. 

Resolved,  That  the  very  valuable  and  extensive  landed 
property,  belonging  to  the  United  States,  opposite  the  Navy 
Yard  in  Boston  harbor,  is  capable  of  being  improved  to 
great  and  permanent  advantage  for  the  public  service,  and 
should  no  longer  be  allowed  to  remain  in  its  present  com- 
paratively neglected  and  useless  condition. 

Resolved,  That  the  establishment  by  the  United  States 
of  a  national  foundry  and  yard,  for  the  building  of  steam 
ships  of  war  and  floating  steam  batteries  upon  said  prem- 
ises, is  demanded  by  the  state  of  the  navy,  for  the  addi- 
tional protection  of  the  people  at  the  north  and  the  east, 
and  by  the  new  and  extraordinary  improvements  adopted 
by  other  nations  in  the  construction  of  their  military  en- 
gines, and  for  ofl'ensive  and  defensive  operations  upon  the 
sea  and  the  sea-coasts. 

Resolved,  That  the  several  petitions  of  our  fellow-citizens 
already  transmitted  to  the  general  government,  praying 
for  the  establishment,  by  the  United  States,  of  the  national 
foundry  and  steam-ship  yard  aforesaid,  deserve  the  serious 
consideration  of  Congress,  and,  it  is  hoped,  will  be  favora- 
bly acted  upon  by  that  body  at  the  earliest  possible  period. 

Resolved,  That  the  attention  of  our  senators  and  repre- 
sentatives in  Congress  be  directed  to  the  magnitude  and 
importance  of  the  subject  of  the  foregoing  resolves ;  and  the 
said  senators  be  instructed  and  said  representatives  be  re- 
quested to  give  their  most  earnest  support  to  the  same,  and 
use  all  necessary  and  proper  means  for  the  effective  and 
speedy  accomplishment  of  the  naval  improvements  afore- 
said. 

Resolved,  That  his  excellency  the  governor  be  requested 
to  transmit  an  attested  copy  of  the  foregoing  preamble  and 
resolves  to  the  President  of  the  United  States,  and  to  each 
of  the  senators  and  representatives  in  Congress  from  Mas- 
sachusetts and  the  other  New  England  States. 


services  m 
1842 


Resolve  on  the  Petition  of  Leonard  Parks. 
Resolved,  for  reasons  set  forth  in  the  petition,  that  the 
$5  for  military  treasurer  of  the  town  of  Cambridge  is  hereby  authorized  to 
pay  to  Leonard  Parks  the  sum  of  five  dollars  for  military 
services,  performed  in  the  year  one  thousand  eight  hundred 
and  forty-two,  as  drum-major  in  the  first  regiment,  third 
brigade,  second  division  of  Massachusetts  volunteer  militia, 
upon  his  establishing  his  claim  to  the  same  in  the  same 
manner  as  if  his  return  had  been  made  within  the  time 
specified  by  law ;  and  the  amount  so  paid  shall  be  reim- 
bursed to  said  town,  as  provided  by  law.  [Approved  by  the 
Governor,  March  24,  1843.] 


1843 Chap.  65,  66,  67.  81 

Resolve  for  the  pajnnent  of  sundry   Printers',  Coroners',  Paupers'  and  Mis-  CyflCip.    65. 
cellaneous  Accounts. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the  $9173  41  for 
public  treasury,  to  the  several  corporations  and  persons  ^^"^^^"^  ^"' 
mentioned  in  the  accompanying  roll,  the  sums  set  against 
their  names  respectively,  amounting  in  the  whole  to  the 
sum  of  nine  thousand  one  hundred  and  seventy-three  dol- 
lars and  forty-one  cents;  and  that  a  warrant  be  drawn  ac- 
cordingly. [Appj^oved  by  the  Governor,  March  24,  1843.] 
{For  the  roll,  see  the  latter  part  of  the  volvme.) 

Resolves  in  relation  to  the  duty  of  the  Slate  Directors  in  the  Western  Rail-  C/hdp,   66. 
road  Corporation. 

Resolved,  That  the  State  Directors  of  the  Western  Rail-  f^J  gnfo^p'^^^if  ® 
road  Corporation  are  hereby  directed  to  use  their  exertions  practicable  re- 
to  reduce  all  excessive  salaries,  to  abolish  all  useless  offices,  trenchment  and 
and  to  introduce  and  maintain  a  system  of  practical  econ-  ^™"°^^y"~ 
omy  in  the  management  of  the  road. 

Resolved,  That  the  State  Directors  of  the  Western  Rail-  -and  to  repre- 
road  Corporation  should  represent  the  shares  of  the  State  of"}ie  state. 
in  all  meetings  of  the  stockholders,  and  act  therein,  except 
for  the  choice  of  directors. 

Resolved,  That  the  Secretary  of  the  Commonwealth  be  ^  copy  to  be 
directed  to  furnish  a  copy  of  these  resolves  to  each  of  the  director  of  the 
directors  of  the  corporation.  corporation. 

Resolves  relating  to  the  Imprisonment  of  Citizens  of  this  Commonwealth  in  ChCLp,   67. 

other  States. 

Resolved,  That  the  perseverance  of  many  of  the  States  in  injurious  ef- 
the  Union,  against  all  remonstrance  on  the  part  of  Massa-  gy's^emo^fhe 
chusetts,  in  seizing  and  imprisoning  her  citizens  without  pan  of  southern 
the  allegation  of  any  crime,  is  calculated  to  weaken  the  ^^^^es. 
confidence  which  she  has  in  the  good  disposition  of  those 
States  to  maintain  their  engagements  to  the  constitution  of 
the  United  States  inviolate. 

Resolved,  That  his  excellency  the  Governor,   with  the  Governor  au- 
advice  and  consent  of  the  council,  be  authorized  to  employ  point^an  ag^nt 
an  agent  in  the  ports  of  Charleston,  in  South  Carolina,  and  m  Charleston, 
New  Orleans,  in  Louisiana,  for  a  term  of  time  not  to  exceed  orleanT^  ^^^ 
one  year,  for  the  purpose  of  collecting  and  transmitting  ac- 
curate information  respecting  the  number  and  the  names  of 
citizens  of  Massachusetts  who  have  heretofore  been,  or  may 
be  during  the  period  of  his  engagement,  imprisoned  with- 
out the  allegation  of  any  crime.     The  said  agent  shall  also 
be  enabled  to  bring  and  prosecute,  with  the  aid  of  counsel, 
one  or  more  suits  in  behalf  of  any  citizens  that  may  be  so 
imprisoned,  at  the  expense  of  Massachusetts,  for  the  pur- 
pose of  having  the  legality  of  such  imprisonment  tried  and 
determined  upon  in  the  supreme  court  of  the  United  States. 

Resolved,   That  his  excellency  the  Governor  be  hereby 
11 


82 


1843. Chap.  67,  68,  69,  70. 


Comm'th  to de-  authorized  to  draw  his  warrant  to  cover  any  necessary  ex- 
penses  mcurred  m  carrying  nito  eiiect  the  atoregoing  re- 
solves, after  the  same  shall  have  been  audited  and  allowed 
by  the  council,  to  be  paid  out  of  the  public  treasury.  [Ap- 
proved by  the  Governor,  Majch24:,  1S43.] 

Resolve  on  the  Codification  of  the  Criminal  Law. 

Resolved,  That  the  number  of  the  commissioners  ap- 
pointed to  codify  the  criminal  law  of  Massachusetts  be,  and 
the  same  hereby  is,  reduced  to  three,  who  shall  reside  in  or 
near  the  city  of  Boston,  and  who  shall  be  required  to  pre- 
sent a  full  and  final  report  to  the  next  Legislature,  on  or  be- 
fore the  second  Wednesday  of  January,  one  thousand  eight 
hundred  and  forty-four.  And  that  his  excellency  the  Gov- 
ernor, whenever  a  vacancy  shall  occur  in  the  said  reduced 
board  of  commissioners,  be,  and  he  hereby  is,  authorized 
and  requested  to  fill  such  vacancy  by  the  appointment  of 
such  person,  residing  in  Boston  or  its  vicinity,  as  he  may 
deem  proper  :  and  that  the  commissioners  cause  six  hun- 
dred copies  of  their  report  to  be  printed,  by  the  printers  of 
the  Legislature,  and  lay  the  same  before  the  Legislature  at 
the  time  above  mentioned.  [Approved  by  the  Goveimor, 
March  24,  1843.] 

Resolve  for  the  pay  of  the  Council,  Senate  and  House  of  Representatives. 

Resolved,  That  there  be  paid,  out  of  the  treasury  of  this 
Commonwealth,  to  each  member  of  the  Senate  and  House 
of  Representatives,  two  dollars  for  each  and  every  day's 
attendance  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,  to  the  place  of  the  sitting 
of  the  General  Court ;  and  also  to  each  member  of  the 
Council  two  dollars  for  each  and  every  day's  attendance  at 
that  board,  at  every  session  thereof  during  the  present  po- 
litical year,  and  the  like  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 
to  the  Speaker  of  the  House  of  Representatives,  two  dol- 
lars for  each  and  every  day's  attendance  as  such,  in  addi- 
tion to  their  pay  as  members;  and  the  Governor  is  author- 
ized to  draw  his  warrants  accordingly.  [Approved  by  the 
Governor,  March  24,  1843.] 

Resolves  relating  to  the  Map  of  the  Commonwealth. 
Resolved,  That  the  governor  and  council  are  hereby 
authorized  to  contract  with  some  publishing  house  or  indi- 
vidual for  the  transfer  and  sale  of  the  copyright  of  the 
State  map  on  terms  that  may  be  most  advantageous  to  the 
Commonwealth,  requiring  from  such  purchaser  or  purchas- 
ers a  guarantee  that  the  map  shall  be  completed  and  printed 
in  a  proper  manner,  and  further  stipulating,  that  one  thou- 


fray  all  neces 
sary  expenses 


Chap.  68. 

Number  of 
commissioners 
to  be  reduced  to 
three. 

Their  report  to 
be  presented  to 
the  Legislature 
by  2d  Wednes- 
day of  Jan., 
1844. 


600  copies  to  be 
printed. 


Chap.  69. 

«2  a  day  to 
each  senator 
and  representa- 
tive during  the 
political  year ; 
and  $2  for  ev- 
ery 10  miles 
travel  from 
home. 

Same  allow- 
ance to  mem- 
bers of  the 
council. 


$2  a  day  extra 
to  president  of 
senate  and 
speaker  of 
house. 


Chap.  70. 

Governor  and 
council  author- 
ized to  contract 
with  some  par- 
ty for  sale  of 
copyright. 


Purchaser  to 
furnish  1000 


1843. Chap.  70,  71,  72,  73.  83 

sand  finished  copies,  (ihe  same  being  mounted,  colored  and  copies  toCom- 
varnished,)    be   furnished    to   the   CommonweaUh  free  of  J.'^^^^jJ'/' ^'^^ 
charge,  for  distribution  ;  provided^  that  the  engraved  plate  Proviso, 
shall   remain  the  property  of  the  Commonwealth,  and  that 
the  right  shall  be  reserved  to  the  Commonweahh  of  resum- 
ing said  plate,  and  preparing  and  publishing  copies  of  the 
said  map,  with  or  without  alterations,  at  any  time  after  the 
expiration  of  ten  years  from  the  date  of  said  contract. 

Resolved,  That  the  aforesaid  copies,  when  finished,  be  Secretary  of 
committed  to  the  care  oi  the  secretary  oi  the  Commonwealth,  to  distribute  the 
and  that  he  cause  them  to  be  delivered  as  follows,  viz:  one  copies  as  speci- 
copy  each  to  be  furnished  to  the  governor  and   lieutenant    ^  ' 
governor,  and  each  member  of  the  executive  council,  the 
Senate  and  House  of  Representatives,  and   the  clerks  and 
chaplains  of  the   two  branches ;  one  to  the  executive  de- 
partment, and  one  for  each  of  the  departments  of  the  secre- 
tary of  state,  treasurer  and  receiver  general,  adjutant  gen- 
eral and  land  agent :  one  to  the  library  of  Congress,  to  the 
state  department  at  Washington,  and  one  to  each  city  and 
town  in  the  Commonwealth. 

Resolved^   That    the    remaining   copies   not   distributed  Surplus  copies 
agreeably  to  the  above  resolve,  shall  remain  in   the  hands  sec^e'tSy's"^ 
of  the  secretary  of  the  Commonwealth,  subject  to  future  hands, 
legislative  action.     [Approi-ed  by  the  Govei-nor,  March  24, 
1843.J 

Kf.solve  on  the  Petition  of  Edward  Swan.  i^flCip.    7  1  ^ 

Resolved,  for  reasons  set  forth  in  the  petition,  that  the  Surrender  of 
treasurer  of  this  Commonwealth,  is  hereby  authorized  to  noteoncondi- 
surrender  to  Edward  Swan  his  note,  dated  May  18,  1837, 
for  one  thousand  dollars,  upon  his  paying  into  the  treasury, 
on  or  before  the  first  day  of  May  next,  the  sum  of  five  hun- 
dred dollars.  [Approved  by  the  Governor,  March  24, 
1843.] 

Resolve  for  the  pa}Tnent  of  sundry  Printers',  Coroners',  and  Miscellaneous  Chttp.    T2., 

Accounts. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the  §447  91  in  full 
treasury  of  this  Commonwealth,  to  the  several  persons  men-  for  certain  ac- 

comits 

tioned  in  the  accompanying  roll,  the  sums  set  against  their 
respective  names,  amounting  in  all  to  the  sum  of  four  hun- 
dred forty-seven  dollars  and  ninety-one  cents,  the  same  be- 
ing in  full  discharge  of  the  accounts  and  demands  to  which 
they  refer:  and  that  a  warrant  be  drawn  accordingly.  [Ap- 
proved by  the  Governor,  March  24,  1843.]  i^For  the  roll, 
see  the  latter  part  of  the  volume.^ 

Resolves  for  the  Enlargement  of  the  State  Lunatic  Hospital.  CuCip.   73. 

Resolved,  That  the  trustees  of  the  State  Lunatic  Hospi-  Additional 
tal,  at  Worcester,    together  with    the   superintendent   and  ^"^1'^^"?^^  to  be 

^  ^1  r  u        1-  .11^  X     ■  1     erected  for  150 

treasurer  thereof  are  hereby  authorized   to  erect,  in  such  patients 


84 


1843.- 


-Chap.  73. 


Expenses  to  be 
defrayed  from 
principal  of 
Martha  Johon- 
not's  legacy. 


Each  patient, 
not  a  State  or 
town  pauper,  to 
pay  at  least  S3 
per  week,  but 
not  to  be  re- 
tained in  pref- 
erence to  insane 
paupers. 


Limitation  of 
cost. 


Repeal. 


These  resolves, 
upon  what  con- 
tingent. 


manner  as  they  shall  deem  most  expedient,  additional 
buildings,  adjoining  or  near  to  the  existing  buildings  of  said 
hospital,  sufficienlly  large  for  the  accommodation  of  one 
hundred  and  fifty  insane  patients,  and  to  provide  all  neces- 
sary accommodations  and  furniture  for  the  same. 

Resolved^  That,  to  defray  the  expenses  of  erecting  such 
additional  buildings,  and  all  the  requisite  appurtenances 
thereto,  and  of  providing  the  necessary  accommodations 
and  furniture  for  the  same,  the  trustees  aforesaid  are  here- 
by authorized  and  directed  to  appropriate  and  make  use  of 
the  principal  of  the  devise  and  bequest  made  by  Martha 
Johonnot,  late  of  Salem,  deceased,  to  the  trustees  of  said 
hospital,  and  placed  under  the  control  of  said  trustees  by 
resolves  approved  March  eighteenth,  in  the  year  one  thou- 
sand eight  hundred  forty-one;  and,  for  this  purpose,  to  sell 
and  convey  the  stocks  and  property,  and  to  collect  and 
convert  into  money  the  obligations  or  securities  in  which 
the  fund  of  said  devise  and  bequest  now  exists  or  is  in- 
vested ;  provided,  that  the  said  trustees  shall,  after  the  first 
day  of  April  next,  charge,  for  the  support  of  each  patient  at 
said  hospital,  who  is  not  maintained  there  at  the  expense 
of  the  Commonwealth,  or  of  any  city  or  town  of  the  State, 
a  sum  not  less  than  three  dollars  per  week  ;  and  j^rovided, 
the  same  shall  not  interfere  with  any  existing  contract  be- 
tween the  trustees  and  patients;  and  that,  after  the  first 
day  of  December  next,  no  private  patients  shall  be  retained 
in  the  hospital  to  the  exclusion  of  any  insane  pauper,  the 
uninterrupted  duration  of  whose  insanity  is  less  than  four 
years,  and  for  whose  admission  application  may  be  made 
by  the  authorities  of  any  city  or  town  of  this  Common- 
wealth;  and  jwovided  further,  that  the  cost  of  such  build- 
ing or  buildings,  and  the  furnishing  of  the  same,  is  not  to 
exceed  the  Johonnot  fund,  and  any  funds  which  may  be 
placed  in  the  hands  of  the  trustees  for  that  purpose  by  indi- 
vidual gift. 

Resolved,  That  so  much  of  the  resolves  concerning  the 
will  of  Martha  Johonnot  and  the  State  Lunatic  Hospital  at 
Worcester,  passed  on  the  eighteenth  of  March,  in  the  year 
one  thousand  eight  hundred  and  forty-one,  as  is  inconsist- 
ent with  these  resolves,  is  hereby  repeal'^d. 

Resolved,  That,  previous  to  the  execution  of  these  re- 
solves, the  governor  and  council  be  requested  to  obtain  the 
opinion  of  the  justices  of  the  supreme  judicial  court  of  the 
Commonwealth,  whether  the  use  of  the  Johonnot  fund  as 
herein  contemplated,  can  be  made  without  a  forfeiture  of 
the  said  fund  to  the  heirs  at  law  of  the  late  Martha  Johon- 
not, and,  if  said  opinion  be  adverse,  then  these  resolves 
shall  be  of  no  effect.  [Ajjproved  by  the  Governor,  March 
24,  1843.J 


1843. Chap.  74,  75,  76.  86 

Resolves  concerning  French  depredations  on  American  Commerce  previous   (JJicip,   74. 
to  the  Convention  of  Eighteen  Hundred.  -^ 

Resolved  by  the  Senate  and  House  of  Representatives,  in 
General  Court  assembled.  That  the  depredations  on  Ameri-  Laws  of  na- 
can  commerce,  committed  by  the  authority  of  the  French  tions,  andex- 

"^  istiri'^  trc3.ti6S 

Republic,   previous  to  the  month  of  September,  eighteen  violated  there- 
hundred,  were  in  violation  of  the  law  of  nations,  and  of  ex-  ^ly- 
isting  treaties,  and  created  a  claim  which   the  government 
of  the   United  States  was  bound,  by  its  duty  of  affording 
protection  to  its  peaceable  citizens,  to  sustain  and  enforce. 

Resolved,   That  the  government  of  the   United   States,  United  states, 
having,  by  the  ratification  of  the  convention  of  September  edYhe^owlea^-' 
thirtieth,  eighteen  hundred,  with  amendments,  released  the  tions  arising 
French  nation  from  said  claim,  for  a  valuable  considera-  ^herefrom  are 

11  11-  •  r  ■  -I       1      ■  ■  ^  r  i    tlOUnd  tO  dlS- 

tion,  assumed  the  obligations  of  said  claim  upon  itself,  and  charge  the 
is  bound  to  discharge  it,  alike  by  the  obligations  of  equity,  ^'^™- 
and  by  the  injunction  of  that  provision  of  the  federal  con- 
stitution which  declares  that   "  private  property  shall  not 
be  taken  for  public  use  Avithout  just  compensation." 

Resolved,  That  it  is  due  alike  to  the  honor  of  the  Ameri-  Speedy  m-ovis- 
can  name,  and  to  the  support  of  that  confidence  which  citi-  purpose  due 
zens  should  feel  in  the  wisdom  and  rectitude  of  their  rulers, 
that  speedy  provision  should   be  made  by  act  of  Congress 
for  the  rendering  of  justice,  so  long  delayed. 

Resolved,  That  his  excellency  the  Governor  be  requested  Copies  to  be 
to  transmit  copies  of  these  resolves,  and  of  the  accompany- 
ing report,  to  the  senators  and  representatives  from  this  Com- 
monwealth in  Congress,  and  to  the  executives  of  the  seve- 
ral states. 


Eesolve  providing  for  the  Repair  of  the  State  Arsenal,  in  Cambridge.         Cluip.   75. 

Resolved,  That  his  excellency  the  Governor,  with  and  by 
the  advice  of  the  council,  be  hereby  authorized  to  appoint  $300  appropri- 
some  suitable  person  or  persons,  to  make  such  repairs  in  ^ted  for  neces- 
the  State  Arsenal,  in  Cambridge,  as  shall  be  deemed  neces-  ""^^  "^^P^"^- 
sary  to  the  preservation  of  the   public  property  in  and  per- 
taining to  said  arsenal,  and  that  the  expense  thereof  be  paid 
out  of  the  treasury  of  the  Commonwealth  :   and  that  war- 
rants be  drawn  accordingly,  ^^rouirfcf/  the  expense  shall  not 
exceed  three  hundred  dollars.     [Approved  by  the  Governor, 
March  24,  1843.] 

Resolves  in  relation  to  the  Munitions  of  War  and  the  State  Arsenal  in  Boston.  Ckctp.    76. 

Resolved,  That  the  adjutant  general  cause  the  munitions 
of  war,  in  the  arsenals  in  Boston  and  Cambridge,  to  be  re-  seoo  for  repair- 
paired  and  cleaned  without  delay ;  that  a  sum  not  exceed-  ?""  ^"^■•w'^" 

■  -1  TT111  1  ■  T    r         ^  1  1       ing  munitions 

mg  six  hundred  dollars  be  appropriated  lor  llio  ar;ove  ob-  of  war. 
jects,  and  that  the  Governor  be  authorized  to  draw  his  war- 
rant accordingly. 

Resolved,  That  his  excellency  the  Governor,  with  advice  |o^s\on',^&.c^  to 
of  the  council,  be  authorized  to  cause  to  be  sold,  at  public  be  sold. 


m  1843. Chap.  76,  77,  78,  79,  80. 

or  private  sale,  the  State  arsenal,  in  Boston,  and  the  inter- 
ests of  the  State  in  the  soil  on  which  it  stands,  and  all  that 
portion  of  the  munitions  of  war  therein,  which  may  not  be 
deemed  worth  preservation  and  repair ;  and  in  case  of  a 
sale  of  the  buildings  and  land,  to  remove  the  arms  and 
munitions  of  war  to  the  arsenal  at  Cambridge.  [Approved 
hy  the  Governor,  March  24,  1843.] 

ChttX)     lit  Resolve  for  Repairs  upon  the  State  House. 

Resolved,  That  the  sum  of  one  thousand  dollars  be  ap- 
$1000  for  re-      propriatcd  for   making   necessary  repairs  upon   the  State 
pairs  and  other  House,  and  for  Other  incidental  expenses,  and  that  the  same 
p"enseT.^^'  ^'''    ^^e  expended  under  the  direction  of  the  sergeant-at-arms, 
the  accounts  thereof  to  be  audited  and  paid  agreeably  to 
the  provisions  of  the  act  passed  on  the  ISth  day  of  March, 
in  the  year  one  thousand  eight  hundred  and  forty-one,  en- 
titled an  act  relating  to  the  State  House.     [Ajyproved  by  the 
Governor,  March  24,  1843.] 

Qhar),   78.  Resolve  for  the  payment  of  William  Jaclvson. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the  treas- 

$51  for  certain  ^^I'y  of  this  Commonwealth   to  William  .lackson,  the  sum 

specified  ser-     of  fifty-one  dollars,  the  same  being  in  full  for  services  as 

""^"  director  in  the  Western  Rail-road  Corporation,  for  the  year 

one  thousand  eight  hundred  and  thirty-six,  if  his  account, 

after  being  audited  by  the  Governor  and  council,  shall  be 

found  to  be  correct  ;  and  that  a  warrant  be  drawn  therefor. 

[Approved  by  the  Governor,  March  24,  1843.] 

nil  art     7P  Resolve  respecting  Deaf  and  Dumb  Persons. 

Resolved,  That  all  deaf  and  dumb  persons  between  the 
Former  provis-  ^g^^  ^f  eight  and  twenty-five  years,  who  possess  the  quali- 
ions  in  favor'     ficatious,  and  shall  conform  to  the  requisitions  specified  in 
tobe^^re^rved   ^^^^  rcsolves  respecting  deaf  and  dumb  persons,  passed  on 
^  "  the  eighteenth  day  of  February,  in  the  year  one  thousand 

eight  hundred  and  twenty-five,  shall  be,  and  hereby  are, 
entitled  to  the  benefit  of  all  the  provisions  and  appropria- 
tions heretofore  passed  and  now  in  force,  for  the  relief  and 
education  of  the  deaf  and  dumb  within  the  Commonwealth; 
Pupils  to  be      ^^-^^  [-jjg  excellency  the  Governor  is  authorized,  Avith  the  ad- 

contmued  at  .  -  i-      ^  ■^  ■  -i  4.    ^i    " 

the  institution    vice  and  couscut  oi   the  councii,  to  contiuue  pupils  at  trie 
for  six  years,     institution   for   the  term   of  six  years.      [Apj^roved  by  the 
Governor,  March  24,  1843.] 

Phnn     80    K.esolves  authorizing  the  appointment  of  Commissioners  to  locate  Grants  and 
l^najJ.    ou.       determine  the  extent  of   possessory  Claims,  under  the  late  Treaty  with 

Great  Britain. 
Preamble.  Whereas,  by  the  late  treaty  between  the  United  States  and 
Great  Britain,  it  is  provided  that  all  grants  of  land  made 
by  either  party,  within  the  limits  of  the  territory  which 
by  the  treaty  falls  within  the  domain  of  the  other  party, 
shall  be  held  valid,  ratified  and  confirmed  to  the  persons 


1843. Chap.  80.  87 

in  possession,  under  such  grants,  to  the  same  extent  as  if 
such  territory  had  by  the  treaty  fallen  within  the  domin- 
ions of  the  party  by  whom  said  grants  were  made,  and 
all  equitable  possessory  claims  arising  from  a  possession 
and  improvement  of  any  parcel  of  land  by  the  person 
actually  in  possession,  or  by  those  under  whom  such  per- 
son claims  for  more  than  six  years  before  the  date  of  the 
treaty,  shall  in  like  manner  be  deemed  valid,  and  be  con- 
firmed and  quieted  by  a  release  to  the  person  entitled 
thereto,  of  the  title  to  such  lot  or  parcel  of  land  so  de- 
scribed, as  best  to  include  the  improvements  made  thereon ; 
and  in  all  other  respects  the  two  contracting  parties  to 
deal  upon  the  most  liberal  principles  of  equity  with  the 
settlers  actually  dwelling  upon  the  territory  falling  to 
them  respectively,  which  has  heretofore  been  in  dispute 
between  them;  and  whereas,  there  are  numerous  inhabit- 
ants on  and  near  the  rivers  St.  John  and  Aroostook,  claim- 
ing lands  under  grant  from  the  British  government,  and 
also  by  virtue  of  possession  and  improvement : — Now, 
therefore,  in  order  to  determine  the  extent  of  several 
claims  and  do  justice  to  the  claimants, 

Resolved,  That  his  excellency  the  Governor,  by  and  with  Commissioners 
the  advice  and  consent  of  the  council,  be  and  he  hereby  is  1°  acfwith"^^''' 
authorized  to  appoint  one  or  more  commissioners,  to  act  in  commissioners 
conjunction  with  commissioners  on  the  part  of  the  State  of  °^  Mame,  m 

-n/r    •  ■  ■  •  ,Y-  1  •    •  f     I  carry mg  mto 

Maine,  m  carrynig  mto  eiiect  the  provisions  of  the  treaty,  etfect  the  pro- 
whose  duty  it  shall  be  to  set  off,  by  metes  and  bounds,  all  visions  of  the 
grants  as  aforesaid ;  and  also  to  set  off  to  each  settler,  so 
much  land  as  he  may  be  entitled  to,  not  exceeding,  how-  Not  more  than 
ever,  two  hundred  acres  to  any  one  individual,  unless  his  200  acres  to 

.  ^  '  3,11V  on6  sGitlcr 

actual  improvements  are  such   that  it  is  necessary  to  set  otf  unless,  &c. 
a  large  quantity  in  order  to  include  them ;  and  the  said 
commissioners  are  authorized  to  procure  the  necessary  sup- 
plies, and  such  assistance  as  may  be  necessary  to  enable 
them  to  carry  into  effect  the  object  of  this  resolve.     The 
said  commissioners  shall  make  a  report  to  the  Governor  and  Report  to  be 
council  of  all  their  doings,  who  are  hereby  authorized  to  "noran/coun- 
audit  their  accounts  and  allov.'-  them  such  compensation  for  c'l— 
their  services,  as  to  them  shall  appear  reasonable  and  prop- 
er, not  exceeding  three  dollars  per  day;  and  the  land  agent 
is  hereby  authorized  to  pay  said  commissioners  the  amount 
so  allowed.     And  said  commissioners  shall  return  to  the  —with field- 
land  office  full  field-notes  and  correct  plans  of  all  surveys  notes,  and 
made  by  them,  or  under  their  direction.     The  name  of  the  office.^" 
occupant  of  each   lot  claimed  by  possession   shall  be  given 
in  the  field-notes  of  the  survey  of  the  lot;  and  if  the  occu- 
pant be  not  the  owner,  the  evidence  by  which  the  commis- 
sioners determine  the  ownership,  shall  be  entered  with  the 
field-notes,  and  the  name  of  each  owner  to  be  legibly  writ- 
ten on  the  plan  upon  the  lot  set  off  to  him.     They  shall 


88  1843. Chap.  80. 

Authenticated  obtain  authenticated  copies  of  all  grants  made  by  the  Brit- 
obtained  oF  ish  government  within  the  territory  which  has  heretofore 
grants  made  by  been  in  dispute  witliin  the  State  of  Maine,  and  return  them 

mS^  govern-  j^  ^^^  j^^j^  ^^^^  ^^jjj^  ^^6  SUrVCy. 

Resolved,  That  the  land  agent  be,  and  he  is  hereby  au- 

tho"fzertoTOn-  thorized,  in  concurrence  with  the  said  land  agent  of  Maine, 

vey  lands  set     to  couvcy  to  Said  scttlers  by  deed,  such  lands  as  maybe 

off  to  settlers,    ggj  ^ff  to  them  by  the  commissioners  as  aforesaid,  upon  the 

undivrided  lands  ;  and  if  there  be  any  found  on   the  lands 

held  by  Massachusetts  in  severalty,  the  land  agent  shall 

convey  in  like  manner  to  them. 

Account  of  ex-      Resolvecl,  That  the  governor  be  requested  to  present  to 

penses  tobe      Congress  for  allowance,  an  account  of  all  expenses  incurred 

presented  to        ,         7 .      ^  ,11  •  r     ,  ^    ■    ■  ^     1  ■ 

Congress  for  by  this  Commonwealth,  by  virtue  oi  the  provisions  oi  this 
allowance.         resolve.     [Approved  by  the  Governor,  March  24,  1843.] 


ROLL    OF    PAUPER    ACCOUNTS. 

[See  Resolve  of  February  18,  at  page  89.] 

Abington,  for  the   support  of  James  Robinson  and 

Enoch  Hall,  and  funeral  expenses  of  E.  Hall,  $52  53 

Adams,  for  the  snpport  of  Lydia  Townsend,  Phila- 
na  Hill,  Sarah  Goodrich,  Amy  and  Lydia  A.  Pet- 
tis, Polly  and  Sally  Martin,  Eliza,  Henry,  Isaac 
and  Frederick  W.  Crossett,  Singleton,  Nancy, 
Clarisa,  and  Elias  Williams,  and  Lillis  Hamtin- 
ton,  299  90 

Amesbnry,  for  the  snpport  of  EbenezerFuIlington  and 
Margarett  Buchanan,  and  funeral  expenses  of  E. 
Fullington,  '  14  38 

Amherst,  for  the  support  of  Peter  and  Sarah  Jack- 
son, and  funeral  expenses  for  Margarett  Jackson, 
B.  F.  Mack,  and  Jane  Newbury,  69  95 

Andover,  for  the  support  of  Sukey  Hornsby,  Mary 
Nutter,  Mary  Sigourney,  Rosanna  and  Elizabeth 
Coburn,  Caroline  Ide,  Lucy  Fostin,  William  and 
George  Perkins,  Thomas  McKennon  and  Thomas 
McKennon,  Jr.,  Jane  and  William  McKennon, 
William  A.,  Jane,  Edgar  A.  and  Mary  A.  M. 
Ballard,  James  Donehue,  John  Crosby,  Mary 
Moreland,  and  a  female,  name  unknown, — funeral 
expenses  of  Mary  Nutter,  164  20 

Ashby,  for  the  support  of  John  Bennett,  25  55 

Ashburnham,  for  the  support  of  William  Stineker,  12  88 

Attleborough,  for  the  support  of  Louisa  Bacon,  Wil- 
liam P.  Adams.  Thomas  Roberts,  and  Patrick 
Lafraw,  '  30  17 

Auburn,  for  the  support  of  Sarah  Wiser,  25  55 

Barre,  for  the  support  of  Sophronia,  Josiah  and  Al- 
bert Gigger,  14  72 
Becket,  for  the  support  of  James  Thompson,  1  52 
Bedford,  for  the  support  of  Violet  Moore,  Ezra  L. 
Johnson   and   Ezra  L.  Johnson,  Jr.,  and  funeral 
expenses  for  Violet  Moore,                                                   22  70 
Belchertown,  for  the  support  of  Hannah  Levens,               25  55 
Berkley,  for  the  support  of  James  Cuddy  and  Mary 

Lindell,  51  10 

Beverly,  for  the  support  of  John  Kelley,  Sarah,  Me- 
hitable  and  Rhoda  Byors,  William  Dougherty, 
John  Dickinson,  William  Leighton,  and  Robert 
Hutson, — funeral  expenses  of  John  Kelley,  25  18 

12 


PAUPER  ACCOUNTS. 

Billerica,  for  the  support  of  Jane  Dana,  John  Od- 

lin,  and  William  P.  Harrison,  |23  17 

Blandford,  for   the  support  of  Mary  Bradlee,  Susan 

and  Polly  Burdick,  and  Jared  Cables,  102  20 

Boston  (city  of, )  for  the  support  and  bu- 
rial of  sundry  State  paupers,  5,196  62 

for  the  support  of  do.  in  the  House  of 
Reformation,  572  76 

for  the  support  of  do.  in  the  House  of 
Industry,  9,308  76 

for  the  support  and  burial  of  State 
paupers  (lunatics)  in  Lunatic  Hospital, 
up  to  Nov.  1,  1842,  8,357  14 

for  burials  and  funeral  expenses,  412  50 

for  support  and  nursing  small-pox 
patients,  145  71 

-123,993  49 


Boxborough,  for  the  support  of  Abel  Davis  and  An- 
drew Jackson,  40  98 
Bradford,   for  the  support  of  W.  Patten,   Samuel 
Tuck,  Ellen  and  Henry  Coe,  Samuel  Dale,  Dan- 
iel and  Mary  Chesley,  70  12 
Braintree,  for  the   support  of  Titus,  Jacob   Black- 
man,  Thomas  Evans,  George  and  Eunice  Quinn. 
Reuben  Smith,  and  William  O.  Neale,                   '           94  22 
Bridgewater,  for  the  support  of  Benjamin  Maham,            25  55 
Brighton,  for  the  support  of  John  E.  Baker,  Sam- 
uel Sherburn,  and  E.  Smith,                                               33  95 
Brimfield,  for  the  support  of  Thomas  Corbin,  Sa- 
rah Winter,  George   Parker,  Steven  Evans,  Ben- 
jamin and  Sophia  Jenkins,  Elizabeth  Saesar,  liU- 
cretia  Jones,  and  Harriet  Moore, — funeral  charges 
of  Levi  Saesar,                                                                     141  94 
Brookfield,  for  the  support  of  Charles  E.  Phelps,  14  60 
Brookline,  for  the  support  of  George  Thompson,             ,   25  55 
Burlington,  for  the  support  of  Venus  Roe,                            25  55 
Cambridge,   for  the  support  of  sundry  State  pau- 
pers, assistance  rendered  to  sundry  paupers  out 
of  the  almshouse  and  funeral  expenses,                       1,391  35 
Canton,  for  the  support  of  Patrick  and  John  Mc- 
Ginnis,  Catharine  and  Margarett  Sherwood,  Wil- 
liam Keith,  Nathan  Fuller,  James,  Esther,  Martha 
J.,  Mary,  Albert  M.  and  Lucy  Grossman,  Thomas 
Baldwin,  John  O.  Brian,  Joanna  Hardin,  and  fu- 
neral expenses  of  Bright  Driscoll  and  Catharine 
Sherwood,                                                                             176  32 
Carver,  for  the  support  of  Cuff  Collins,                                25  55 
Carlisle,  for  the  support  of  Aaron  Stearns,                            25  55 
Charlestown,  for  the  support  and  burial  of  sundry 

State  paupers,  3,636  89 


PAUPER  ACCOUNTS.  91 

Charlton,  for  the  support  of  William  Hampton,  Ste- 
phen Brooks,  Catharine,  George  H.,  Pamelia  A. 
and  Leonard  F.  Green,  $74  81 

Chatham,  for  the  support  of  Jacob  Olson,  25  55 

Chelmsford,  for  the  support  of  George  H.  Smith,  18  37 

Cheshire,  for  the  support  of  Levi  Pierce,  Polly  Coop- 
er, Manly  Randall,  and  Smith  Hix,  85  68 

Chester,  for  the  support  of  Sophia  and  Elizabeth  Free- 
man, Hannah,  Benjamin  and  Jenny  Hardy,  Leonard 
Cone,  George  H.  Magee,  and  Sylvester  Hardy,  148  20 

Chesterfield,  for  the  support  of  Janette  Gillmon,  25  55 

Colerain,  for  the  support  of  Kate  Yanvottinburgh, 
Hannah  Cole,  and  John  Willis,  and  funeral  expenses 
of  Hannah  Cole,  60  30 

Cohasset,  for  the  support  of  Peggy  Damon,  9  87 

Concord,  for  the  support  of  John  Garrison,  Margarett 
Carroll,  Frances  and  Jane  Quinn,  John  Francis, 
Henry  Carolin,  and  John  Gould,  28  49 

Conway,  for  the  support  of  Sally  and  Anna  McMur- 
phy,  Ephraim  Sampson,  and  Eunice  Clark, — funeral 
expenses  of  Sally  McMurphy  and  Ephraim  Samp- 
son, 39  37 

Cummington,  for  the  support  of  Brister  Peirce  and 

Samuel  P.  Luther,  38  22 

Dalton,  for  the  support  of  Abigail  Rider,  Sylvia  Mc- 
Intyre,  Patrick  Austin,  Mary  Hoose,  William  and 
Alonzo  Clark,  and  funeral  charges  of  Mary  Hoose,       105  65 

Dana,   for  the   support  of   Nicolos,    Sarah    Roswell, 

Harriet  and  Benjamin  Aldrich,  29  52 

Danvers,  for  the  support  of  Joel  Wesson,  Thomas  Her- 
ron,  Edward  Sliehen,  Joseph  Currier,  Elizabeth 
Lyon,  Patrick  Barry,  Patrick  Martin,  Richard  Tra- 
cy, Daniel  Mahegan,  David  Sullivan,  Theresa 
Lynch,  William  Dorrity,  John,  Betsey  and  Eliza- 
beth Arlin,  John  Arlin,  Jr.,  Isabella  McKenney,  and 
Mary  Hosier,  140  26 

Dartmouth,  for  the  support  of  James  McMoneyman, 
William  Carl,  Mary  Daniels,  Diana  Peck,  Lucy 
Fields,  and  .John  C.  Martin,  68  81 

Dedham,  for  the  support  of  William  P.  Adams  and 

John  Mathews,  77 

Deerfield,  for  the  support  of  Nelson  Morse,  Thomas 

and  Mahitable  Sowabee,  and  Daniel  Carver,  62  93 

Dighton,  for  the  support  of  Rhoda  Fuller,  14  60 

Douglas,  for  the  support  of  Julia  Waterman,  14  60 

Dorchester,  for  the  support  of  Joseph  Simmons,  Mary 
Hart,  Ann  Reed,  Walter  McCarney,  Jeremiah  Birch, 
Sarah  Hague,  Adaline  Townsend,  and  William  C. 
Smith,  51  77 

Dracut,   for   the  support  of  Robert  Cashley,   George 


PAUPER  ACCOUNTS. 

Elluback,  Isabella  Lemere  and  child,  Lucy  M,  Dil- 
lon, and  funeral  charges  of  a  child,  $34  32 

Duxbury,  for  the  support  of  Sarah  Simmons  and  John 

Carnes,  44  17 

Dudley  Indians,  (Nathaniel  Hunt,  guardian,)  his  ac- 
count to  Dec.  31,  1842,  151  97 

East  Bridgewater,  for  the  support  of  Robert  Sever,  Eli- 
sha  Stevens,  Caroline  Sizer,  and  funeral  expenses  of 
Caroline  Sizer,  54  89 

Easthampton,  for  the  support  of  Submit  and  Rheuma 

Bailey,  51   lO 

Easton,  for  the  support  of  James  Quinley,  John  Car- 
rol, and  John  Dady,  57  40 

Egremont,  for  the  support  of  Betsey  Daly,  Reuben 
Van  Guilder,  Daniel  C.  Gunn,  Nancy  Bundy,  Israel 
and  Sarah  Doleby,  Amos  Randall,  and  Sarah  Wil- 
liams, 134  33 

Essex,  for  the  support  of  John  Coleman  and  Rebekah 
Kimball,  29  19 

Essex  County,  for  the  support  of  lunatics  in  the  House 

of  Correction  up  to  Dec.  31,  1842,  1,409  71 

Fairhaven,  for  the  support  of  William  and  Margarett 
Wilson,  Abigail,  Christopher,  Margarett,  Warnack, 
Betsey,  Thomas,  William  H.  H.,  and  Almira  Tue, 
Catharine  Cox,  James  and  Robert  Wilson,  Phebe 
Talbot,  John  Dickson,  John  W".  and  Hannah  Jettee,     263  30 

Fall  River,  for  the  support  of  sundry  State  paupers 

and  funeral  charges,  573  03 

Framingham,  for  the  support  of  Phineas  Titus,  Fran- 
cis Bagan,  James  Hand,  Obrien  O.  Collins,  Thomas 
O.  Coimel,  Thomas  Hailey,  and  Jane  Blake,  37  67 

Franklin,  for  the  support  of  Elizabeth  F.   S.  Gray, 

William  and  Hannah  Sargent,  and  Charles  Neal,  15    16 

Fall  River  Indians,  (Holder  Wardell,  guardian,)  for 

supplies,  132  69 

Gayhead,  for  the  support  of  Thomas  Morse,  25  55 

Georgetown,  for  the  support  of  William,  Orna  and  Wil- 
liam H.  Davis,  Michael,  Sally,  John  and  Joseph 
Delano,  Julia  Simmo,  John  Wood,  Louisa  Price, 
Sally,  Mehitable  and  Rhoda  Bias,  Richard  and 
Catharine  Dorin,  John  Vesselstauks  and  Ruth  Tho- 
mas, 277  94 

Gill,  for  the  support  of  Mary  Lawson  and  Mary  Law- 
son,  Jr.,  and  Isaeic  Wilson,  63  83 

Gloucester,  for  the  support  of  Elizabeth  Dade,  Nancy 
Youkin,  George  Gardner.  Rachel  Sharp,  Abigail 
Grover,  Ann  E.,  and  Susan  E.  Hunt,  Almira  Jones, 
Wesell  Tafts,  John  McDonalds,  Daniel  Brown, 
James  Black,  Moses  B.  Russell,  and  funeral  charges 
of  Moses  B.  Russell,  204  23 


PAUPER  ACCOUNTS.  93 

Grafton,  for  the  support  of  Cornelius  Johnson,  Wil- 
liam Rockwood,  FiUen  Barrett,  and  Elizabeth  Graf- 
fum,  and  funeral  charges  for  William  Rockwood, 
and  expenses  for  removing  Elizabeth  Graffum  to 
Leeds,  in  the  state  of  Maine,  $66  45 

Granville,  for  the   support  of  Sally  Stewart,  Frank 

Powers,  and  Peter  Bailou,  31   15 

Great  Harrington,  for  the  support  of  John  McGeorge, 
Joanna  and  Lucy  Porter,  Ebenezer  Ayers,  Thomas 
McDonald,  and  Hannah  Sherman.  100  28 

Greenfield,  for  the  support  of  Mary  Taggart  and  Su- 
san Fuller,  51  10 

Groton,  for  the  support  of  Abigail  Simpson,  and 
funeral  charges,  6  54 

Hancock,  for  the  support  of  Nicholos  and  Clarrisa 
John.son,  Philetta  Bebee,  William  Johnson,  Henry, 
Adaline  M.,  Alonzo  H.,  Charlotte  A.,  Rufns  H.,  and 
Francis  A.  Williams,  and  Polly  Stone, — funeral  ex- 
penses for  Nicholos  Johnson  and  Henry  Williams,  95  45 

Hanover,  for  the  support  of  Sarah  Daily,  Rebecca  H.. 

and  Lydia  Maria  Franks,  21  97 

Hanson,  for  the  support  of  William  Bisby,  9  45 

Hardwick,  for  the  support  of  Fidelia  Maria  Treat,  14  60 

Haverhill,  for  the  support  of  Mary  Witham,  Charles 
Witham,  Charles  and  Mary  M.  Durant,  Jonathan 
Welch,  Ann  Reed,  Ezekiel  Cleasby,  Charles  F. 
Woodbury,  Janios  Wilson,  Ruth  Collins,  Elizabeth 
Elwell,  Mary  Turner,  Jane  McDonald,  and  funeral 
charges  of  Jane  McDonald,  123  60 

Heath,  for  the  support  of  Lydia  Lamphin,  and  funeral 

charges,  20  96 

Plantation  of  Herring  Pond,  for  the  support  of  John 
Oliver  and  Dinah  Reed,  and  funeral  expenses  of 
John  Oliver,  26  70 

Hinsdale,  for  the  support  of  John  Bloomer,  and  funeral 

expenses,  3  02 

Hingham,   for  the    support  of   Mrs.   Overton,   Sohia, 

Charles  A.  and  M.  Kramer,  8  43 

Hopkinton,  for  the  support  of  Nathaniel  Viles,  Joseph 
W.,  Hannah  C.  and  George  VV.  Bruce,  Susan  Gil- 
man,  Oilman  George,  William,  Winnifort,  and  Rob- 
ert White  and  William  White,  Jr.,  John,  Mercy, 
Henry  C.  and  Lucretia  N.  Bunway,  and  Samuel 
Fisk,  70  32 

Holliston,  for  the  support  of  John  Ford,  25  55 

Hnbbardston,  for  the  support  of  Daniel  Mundell,  25  55 

Kingston,  for  the  support  of  Sophia  Holmes,  25  55 

Lancaster,  for  the  support  of  George  W.  and  Betsey 

Smith,  15  12 

Lanesborough,   for  the  support  of  Rachel  Sherman, 


94  PAUPER  ACCOUNTS. 

Mary  Vansickle,  Lucy  H.  Goman,  John  and  Dean 
Gabriel,  Eunice  Foot,  Asa  Lane,  John  Berry,  Ches- 
ter Shepherd,  Robert  Goman,  James.  Lucy,  and 
James  F.  Williams  and  Mary  Squaus; — funeral  ex- 
penses for  Eunice  Foot  and  Moses  Shepherd,  $262  08 

Lee,  for  the  support  of  John  Marble,  Elizabeth  Martin, 
Cinthia  Richmond,  Margarett  R.  Baker,  Jane  I^oisa, 
James  Davis,  Huldah,  Ellen,  and  Edwin  Leland, 
Timothy,  John,  Mary  Ann  and  Louisa  Prout,  Mary 
E.  Walker,  Martha  and  Andrew  Dunckam,  Han- 
nah Crosby,  Eliza  Caswell  and  Edward  White,  and 
funeral  charges  of  John  Marble,  292  35 

Leicester,  for  the  support  of  Mary  Ann  Conroy,  Jack 
Cambridge,  Honora  Campion,  Ann,  Peter,  David, 
Charles  and  Robert  Miller,  and  funeral  expenses  of 
Honora  Campion,  61   11 

Lenox,  for  the  support  of  Moses  McGraw,  Mary  Bish- 
op, Jack  Van  Bnren,  Betsey  Kinman,  Margarett 
Freeman,  Gabriel  Fetean,  Mary  Smith,  and  Nancy 
Flemming, — funeral  expenses  of  Jack  Van  Buren, 
Gabriel  Fetean,  and  Betsey  Kinman,  110  90 

Lexington,  for  the  support  of  Rhoda  and  Mary  Ken- 
niston,  Mary  Ann,  John  and  George  Holmes,  Wil- 
liam Clark,  and  James  Anderson,  80  68 

Leyden,  for  the  support  of  Sarah  Stanton,  Ruth  and 

Joseph  Abel,  and  Henry  W.  Sampson,  91   25 

Littleton,  for  the  support  of  Olive,  Martha,  Sophia, 
Sally  and  Susan  Freeman,  William  Jordan,  Abel 
Hildreth,  William  P.  Adams,  Thomas,  Abigail  and 
William  Ridley,  and  Thomas  Ridley,  Jr.  100  19 

Ludlow,  for  the  support  of  Timothy  Haskell,  Lavina 
Powers,  Harvey  Olds,  and  George  Darrick, — funeral 
charges  of  Philip  Andrews,  87  32 

Lowell  (city  of,)  for  the  support  of  sundry  State  pau- 
pers, $1,944  80 
Removals  of  do,  292  83 
Burials,  147  50 

$2,385  13 

Lynn,  for  the  support  and  burial  of  sundry  State  pau- 
pers, 308  68 

Maiden,  for  the  support  of  William  Granger,  Sarah 
Braynard,  William  F.,  Eleanor,  and  John  Adams, 
Catharine  Mullen,  Caroline  Love,  Patrick  Kennedy, 
and  Enoch  Davis,  88  92 

Manchester,  for  the  support  of  Henry  Lindon  and  Jo- 
seph B.  Wheaton,  33  85 

Marshfield,  for  the  support  of  John  Quarker  and  Abel 

Gibson,  32  11 

Marblehead,  for  the  support  of  Leander  Bickford  and 

John  Patterson,  12  38 


PAUPER  ACCOUNTS.  95 

Medfield,  for  the  support  of  William  Cann,  $1  61 

Medford,  for  the  support  of  Lydia  Brooks,  Maria  Hem- 
menway,  F.  Dufferrey,  VV.  Riddle  and  wife,  C. 
French  Davis  and  others,  36  33 

Mendon,  for  the  support  of  Ehza  Cummings,  Mary 
Williams,  James,  Elizabeth,  Edward,  Henry  and 
George  A.  Buckley,  Albert  Cummings,  Sarah  Ball, 
Patrick  Handley,  26  09 

Methuen,  for  the  support  of  Martha  Howard,  Eunice 
Marble,  and  Ruth  Tarbox,  and  funeral  charges  of 
Eunice  Marble,  50  99 

Marshpee  (district  of,)  for  the  support  of  sundry  State 

paupers  and  funeral  expenses,  321  11 

Middleborough,  for  the  support  of  Elizabeth  Briggs, 
Amy  Robinson.  Fanny  Williams,  Clarrissa  Dick, 
Augustus  and  Esther  Wells,  Sylvia,  Jane  Ann,  and 
Stephen  D.  Montgomery,  Mary  E.,  Lydia  R.,  and 
Malinda  Deck,  Susan  Kingley,  and  William  McCar- 
ter, — funeral  expenses  of  Susan  Kingley  and  Wil- 
liam McCarter,  164  53 

Milton,  for  the  support  of  John  Drew,  Archibald  Mc 
Donald,  Mary  and  Andrew  McGuire,  Caroline  and 
Charles  H.  Rogers,  Martha  Biggins,  Martha  Smith, 
Mary  A.  and  Emily  W.  Leonard,  147  27 

Monson,  for  the  support  of  John  Williams,  Seth  and 

Abiah  Thrasher,  and  Mary  Kimball,  102  20 

Montgomery,  for  the  support  of  Joel  Bradley  and  fu- 
neral expenses,  7  59 

Mt.  Washington,  for  the  support  of  Henry  Tyler,  25  55 

Nantucket,  for  the  support  of  Isabella  and  Mary  Wins- 
low,  Sophia  Beebe,  William  Hutchins,  Abial  Davis, 
Antonia  Moshar,  John  Wilson,  Francis  Beebe,  Lo- 
renzo Drew,  Joseph  Alucum,  Hannah  Harding, 
John  Eastwood,  Richard  Wait,  Mary  Brooks,  Sarah 
Whitney,  Frances  Phinney,  Catharine  Tasco,  Hen- 
ry Davis,  Geo.  Scarborough,  Pitman  Morse,  Scot- 
man  Wing,  Jane  Roberts,  and  funeral  expenses,  268  78 

Natick,  for  the  support  of  Emily  Thompson,  14  60 

New   Bedford,  for  the  support  and  burial  of  sundry 

State  paupers,  1,661  32 

Newbury,  for  the  support  of  sundry  State  paupers,  299  46 

Newburyport,  for  the  support  of  sundry  State  pau- 
pers, 837  67 

New  Braintree,  for  the  support  of  Andrew  Barrett  and 

Theophilus  Freeman,  29  75 

New  Marlborough,   for   the  support  of  John,  Leroy, 

Levi  and  Grove  Huntley,  58  40 

Newton,  for  the  support  of  George  French,  William 

Pickering,  Rebecca  Smith,  and  Michael  Ryan,  54  04 


96  PAUPER  ACCOUNTS. 

Northampton,  for  the  support  and  burial  of  sundry 

State  paupers,  |252  60 

Northbridge,  for  the  support  of  Daniel,  Margarett,  Jo- 
anna, Michael  and  Catharine  Eagen,  Margarett, 
Mary,  Thomas,  Catharine  Augusta,  James,  Marga- 
rett, Eliza  J.  and  John  Donovan,  305  03 

North  Biookfield,  for  the  support  of  Mary  Moulton  and 
Esther  Johnson, — funeral  expenses  for  Esther  John- 
son, 49  31 

Northborough,  for  the  support  of  Jacob  West,  25  55 

North  Bridgewater,  for  the  support  of  Charlotte  and 

Elizabeth  Wood,  40  15 

Norwich,  for  the  support  of  Ruth  Sanford,  25  55 

Otis,  for  the  support  of  Abigail  Hawley,  Hannah  Pearl, 
and  Sampson  Cuff,  and  funeral  expenses  of  Samp- 
son Cuff,  72  83 

Orleans,  for  the  support  of  Keziah  Libbey,  25  55 

Oxford,  for  the  support  of  Ann,  Ellen  E.,  Ann  Maria 
and  Richard  M.  Hefferon,  Jonas  Dutton,  and  Mar- 
garett Carroll,  49  78 

Palmer,  for  the  support  of  Amos  and  Hannah  Brown, 
William  and  Lois  Fosket,  Moses  Marsh,  Sophia 
Randolph,  Daniel  Donohugh,  and Stone, — fune- 
ral expenses  of Stone,  181  68 

Pawtucket,  for  the   support  of  Abby  Farmer,   Mrs. 

Longlin  and  six  children,  18  74 

Pembroke,  for  the  support  of  Billy  Sambo,  25  55 

Pepperell,  for  the  support  of  Ellen  Kelley,  7  14 

Peru,  for  the  support  of  Martin  Joy,  Margarett,  Cath- 
arine, Edward,  Mary  and  Ellen  Joy  and  Marga- 
rett Joy,  Jr.,  101  00 

Petersham,  for  the  support  of  Samuel  Berry  and  wife, 

and  E.  Himes,  59  50 

Pittsfield,  for  the  support  and  burial  of  sundry  State 

panpers,  306  16 

Plainfield,  for  the  support  of  Paul  McCoy,  25  55 

Plymouth,  for  the  support  of  Chloe  Scott,  Daniel  Dea- 
con, James  Chickering,  Sarah  Ann,  Benjamin  F., 
and  Sarah  E.  Chickering,  JamesDuff,  and  Charles 
Fuller, — removing  Chickering  and  family  to  Port- 
land, Maine, — funeral  charges  of  Daniel  Deacon, 
James  Duff,  Charles  J.  McMahon.  and  a  stranger,         57  66 

Prescott,  for  the  support  of  Edward  Himes,  6  00 

Provincetown.  funeral  charges  of  four  adults  and  one 

child  (strangers),  22  50 

Quincy,  for  the  support  of  Margaret  Butler,  Sophia 
Schyler,  Mary  O.  Donald,  Jacob  Tiiompson,  Elisha 
Hayden,  Roxanna  Carroll,  and  Rebecca  M.  Smith,         52  15 

Randolph,  for  the  support  of  Patrick  B.  and  Christian 
Short,  Sybil,  William,  and  Rasanna  Abbot,  Ellen 


PAUPER  ACCOUNTS.  97 

Pagan  and  Elisabeth  Clapp,  Dorothy,  George,  Jo- 
seph, Mary,  Sarah  and  WiUiam  Loud,  Mary  Ma- 
hon,  Nancy  and  Frances  Noonen,  Thomas  Bald- 
win, Timothy,  Ann,  John,  Margarett  and  Catha- 
rine Driscoll,  and  Catharine  Driscoli,  Jr.,  John, 
Margery,  Robert,  William,  Ann,  Mary  and  Charles 
R.  Boyle,  $374  03 

Raynham,  for  the  support  of  Galanthus  Leonard,  16  24 

Rehoboth,  for  the  support  of  Lucy  Kelley,  Chloe 
Tanner,  Hannah  Gardner,  Nancy,  Dinah  and  Am- 
ory  Hill,  Mary,  Ann  Brown,  Benjamin  Walker, 
Eliza  Whitaker,  Catharine  Gardner,  Julia  Ann 
Kerns,  William  H.  and  James  B.  Dunkin,  Ann 
Eliza,  and  Edward  E.  Kearns,  Betsey  and  Sarah 
Whitaker,  248  30 

Richmond,  for  the  support  of  Merriam  M.  C.  Key, 

Dorcas  Burt,  Sarah  Rathbone  and  Eunice  Walker,        73  58 

Rochester,  for  the  support  of  Peter  and  Martha  Pedro, 

Dorcas,  Charles  H.  and  Melinda  Howland,  48  42 

Rockport,  for  the  support  of  William,  Mary,  Sarah  B. 
and  Mary  W.  Hawley,  Mary,  Philip,  Margarett, 
Brainaid,  and  John  Connelly,  34  27 

Rowley,  for  the  support  of  Margarett  J.  Torrant,  and 

Mary  A.  Torrant,  1  54 

Roxbury,  for  the  support  and  burial  of  sundry  State 

paupers,  640  53 

Russell,  for  the  support  of  Sally  M.  Harrington  and 

Norman  Sears, — funeral  charges  of  Abner  Clark,         56  10 

Salem,  for  the  support  and  burial  of  sundry  State 

paupers,  1,355  98 

Sandisfield,  for  the  support  of  John  G.  Edwards,  Ce- 
zar  and  Chloe  Shelton,  Melissa  King,  Nantjy  and 
Alfred  Titus,  102  29 

Sandwich,   for  the  support  of  Susan  Barney,   Mary 

Goodwin,  and  John  Johnson,  32  62 

Saugus,  for  the  support  of  Thomas  Wise,  3  22 

Scituate,  for  the  support  of  Zilpah  Scott,  Theresa 
Freeman  and  Roxanna  Freeman, — funeral  charges 
of  OctaviaTrask,  Lucretia  Trask,  John  S.  Tuttle,  Le- 
vi Papham,  Mahala  Moody,  and  Jefferson  Howard,         94  S7 

Seekonk,   for  the  support  of  Charles   Neal,    Russell 

Whittemore,  and  Susan  Broocking.  2  31 

Sharon,  for  the  support  of  Edward  and  Betsey  Ellis, 
Ellen  Driscoll,  and  funeral  expenses  of  Edward 
Ellis,  41  82 

Sheffield,  for  the  support  of  Huldah    Boat,   and  the 

Colby  family,  and  John  McCarty,  15  40 

Shelburne,  for  the  support  of  Petee  Young,  25  55 

Shirley,   for  the  support  of  Sally   Freeman,   George 

Mitchell,  Jane  Cooley,  and  Andrew  White,  46  62 

13 


98  PAUPER  ACCOUNTS. 

Shiitesbury,  for  the  support  of  John  and  Susannah 
Vanauler,  Michael  and  Mary  Vermont,  Peter  Seve- 
rance,— funeral  charges  of  Peter  Severance,  $115  32 

Shrewsbury,   for  the  support  of  Anthony,  Sally  and 

Catharine  Ryon  and  Lewis  Hill,  3  66 

Southampton,  for  the  support  of  William  M.,  Mary 
Ann,  William.  James,  Rebecca  S.,  and  Richard  Car- 
penter, and  funeral  expenses  of  William  M.  Car- 
penter, 88  14 

Somerset,  for  the  support  of  Mary  Hill,  25  55 

Southbridge,  for  the  support  of  Thomas  Benoit,  and 
Thomas  Benoit,  Jr.,  Mary  B.,  Sarah,  Solomon,  Paul 
and  William  Benoit,  65  62 

South  Reading,  for  the  support  of  George  Campbell,  6  68 

Springfield,  for  the  support  and  burial  of  sundry  State 

paupers,  459  72 

Spencer,  for  the  support  of  Peter  and  Frederic  Bourne 

and  Abigail  Severance,  65  75 

Sterling,  for  the  support  of  Anthony,  Mary  Ann,  and 
Catharine  Ryne,  and  John  Lovekin, — funeral  ex- 
penses of  John  Lovekin.  16  41 

Stockbridge,  for  the  support  of  Dorcas  Webster,  Ro- 
sanna  Jackson  and  infant  child,  James  Armstrong, 
Mary,  Mary  A.,  and  John  Ratigan,  Lucretia  Rood, 
William,  Martha,  Martha  A.,  William  Rogers,  Jr., 
Willis  and  Leverett  Rogers,  Samuel  and  Cornelia 
Peterson,  Samuel  Peterson,  Jr.,  95  03 

Stonehara,   for  the  support  of  Nancy  Freeman,  Asa 

Foster,  and  Enoch  P.  Davis,  32  55 

Stoughton,  for  the  support  of  Isaac  Williams,  Emeline 
Brown,  Francis  Barnard,  and  John  Gallaway, — 
funeral  expenses  of  John  Gallaway,  72  24 

Sturbridge,  for  the  support  of  George  and  Rhoda 
Thompson,  Samuel  Weldon,  and  John  Jackson, — fu- 
neral charges  of  Rhoda  Thompson,  85  92 

Sudbury,  for  the  support  of  John  Wilkins,  22  19 

Swansey,  for  the  support  of  Judy  Mc  Carter,  Timothy 
O.  Brien,  William  Cann,  Amanda  Watson,  Joseph 
McCarter,  Eliza  Mason,  Isaac  G.  Perry,  and  Lucy 
Watkins, — funeral  expenses  of  Isaac  G.  Perry,  114  68 

Taunton,   for  the  support  of  sundry  State  paupers, 

and  funeral  expenses,  693  80 

Topsfield,  for  the  support  of  Phillis  Emerson,  Mary 
Jane  Tenant,  Thomas  O.  Bryent,  Judith  and  Eliza- 
beth A.  Bryen,  52  34 

Townsend,  for  the  support  of  Jack  Hall,  Phineas  P. 
Cummings,  William  P.  Adams,  and  Margarelt 
Carough, — funeral  charges  of  Phineas  P.  Cummings,      32  02 

Truro,  for  the  support  of  Rachel  Hatch,  25  55 

Tyngsborough,  for  the  support  of  WiUiam  Tarbox  and 
John  Thompson.  46  34 


PAUPER  ACCOUNTS.  99 

Tyringham,  for  removing  three  State  paupers  out  of 

the  Common weahh,     '  $25  00 

Upton,  for  the  support  of  Mary  Bryant,  25  55 

Uxbridge,  for  the  support  of  John  Kenyon,  Isaac 
Lock,  Benjamin  Woodcock,  Sylvia  Moore,  and 
Louisa  Davis, — funeral  expenses  of  Sylvia  Moore,  24  04 

Walpole,  for  the  support  of  Charles  and  Mary  Stuart, 

and  George  Manter,  26  11 

Waltham,  for  the  support  of  Daniel  North,  Elizabeth 
Heathcott,  Samuel  Hildreth,  and  Joseph  Orne, — fune- 
ral expenses  of  Samuel  Hildreth  and  Joseph  Orne,         61   10 

Ware,  for  the  support  of  Thomas  Dennison  and  Car- 
oline Olney,  15  19 

West  Bridge  water,  for  the  support  of  George  and  Sally 
Stimpson,  Jacob  Talbot,  and  Lawrence  McGlew, 
— funeral  expenses  of  L.  McGlew,  43  31 

Wareham,  for  the  support  of   Martin  Grady,   Mary 

Canfry  and  daughter,  Mary  Gooding,  75  54 

Washington,  for  the  support  of  John  Thompson,  Den- 
nis Delany,  John,  Mary,  Mary  Ann,  Patrick,  Wil- 
liam and  Ellen  Manciel,  Isaac  and  Mary  Miner, 
Mary  and  William  Steward,  Charles  Vishen,  Pat- 
rick McDonald,  and  Michael  Parker,  238  08 

Watertown,  for  the  support  and  burial  of  sundry  State 

paupers,  237  30 

Webster,  for  the  support  of  James  Jones  and  Ezekiel 

Davis,  51  10 

Wenham,  for  the  support  of  Nicholas  Street,  25  55 

Westborough,  for  the  support  of  Elizabeth  Brown  and 

Henry  Burleigh,  23  63 

West  Cambridge,  for  the  support  of  Joseph  W.  Lem- 
mon,  Mrs.  Campbell,  and  Enoch  P.  Davis, — funeral 
expenses  of  Joseph  W.  Sherman  and  Mrs.  Camp- 
bell, 10  63 

Westfield,  for  the  support  of  Eleazor  Harris,  Betsey 
Harris,  Asenath  Lane,  Betsey  Prose,  Laura  Chapin, 
Rufus,  Ruth  and  Nancy  Mory,  Jeremiah  Sullivan, 
Sally  Baker,  William  Hanson,  and  John  Richard- 
son,— funeral  expenses  of  three  adults,  275  25 

Westhampton,  for  the  support  of  George  Watts.  3  99 

West  Newbury,  for  the  support  of  Jonathan  Stevens, 
Charles  Smith,  William  P.  Adams,  Thomas  Bur- 
lingham,  Lucy  and  Margarett  Burlingham,  Mary 
Getchell,  and  Sarah  Slanson,  42  07 

Westport,  for  the  support  of  Hannah  Francis,  Mary 
Ann  Sucerrich  and  Mary  Jennings, — funeral  expenses 
of  Mary  Jennings,  63  94 

West  Springfield,  for  the  support  of  Alanson  Baxter, 
Henry  Cuff,  Mary  E.  and  Mary  Fletcher,  Eunice 
Marble,  Benjamin  McNaughton,  Alfred  White,  Ira 


100  PAUPER  ACCOUNTS. 

Fletcher,  and  Thomas  Sparks, — funeral  charges  of 

Henry  Cuff  and  Alfred  White,  |166  29 

West  Stockbridge,  for  the  support  of  Lucy  Lane,  Cla- 
rissa Oaks,  Henry  A.  Lyons,  Charles  Loree,  Lu- 
cretia  Burghart,  Samuel  Reed,  Mary  and  Martha 
Reed,  Frederick  and  Lucretia  Carter,  Philis  Burr, 
— funeral  expenses  for  four  adults  and  two  children,     141  64 

Weymouth,  for  the  support  of  Bridget,  Sarah,  Mary 
Ann,  Susan  and  Jane  F.  Carney,   Henry  Lawler, 

White,  George  Parker,  William  P.  Sargent,  and 

Sarah  Sargent,  109  04 

Whately,  for  the  support  of  Jesse  Jewett,  25  55 

Wilbraham,  for  the  support  of  John  Amadou,  25  55 

Williamstown,  for  the  support  of  John  Henderson, 
Joseph  Stevenson,  Charles  Winnakin,  Rachel  Ga- 
lusha,  Cecelia  Pope,  Cynthia  Collins,  Charles  Mc 
Kenney,  Jacob  and  Amy  Plummer,  and  George 
Brown, — funeral  expenses  of  Abigail  Tod,  145  04 

Woburu,  for  the  support  of  Sarah  Large,  Isaac  Chees- 
ley,  William  Ormsby,  Charlotte  Foreman,  John 
Dougherty,  33  78 

Worcester,  for  the  support  and  burial  of  sundry  State 

paupers,  476  28 

Wrentham,  for  the  support  of  William  Donilson  and 
Robert  Hartley,  William  Purdy,  Charles  Neal,  James 
Hopkins,  and  John  Ryans,  24  95 

Yarmouth,  for  the  support  of  William  Freeman,  14  60 

Total  amount,     $53,545  87 


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104  MILITARY  ACCOUNTS. 


ROLL  OF  MILITARY  ACCOUNTS,  1842. 


DIVISION  INSPECTORS.     ^25  per  annum. 

Ebenezer  W.  Stone,  1st  Div.  Jan.  1  to  Dec.  31,  1842,    |25  00 
Thomas  J.  Adams,  2d  Div.  Jan.  1  to  Dec.  31,  1842,  25  00 

James  O.  Leach,  3d  Div.  Jan.  1  to  Feb.  16,  1843,  28  12 

$78  12 

BRIGADE  INSPECTORS.     $25  per  annum. 

Newell  A.  Thompson,  1st  Brig.  1st  Div.  Sept.  17,  1841, 

to  Feb.  17,  1843, 
Edward  Potter,   2d   Brig.  1st  Div.  July  27,  1841,  to 

April  1,  1842, 
Augustus  L.  Barrett,  3d  Brig.  2d  Div.  Jan.  1  to  Dec. 

31,  1842, 
Nathaniel  Conant,  4th  Brig.  2d  Div.  Jan.  1  to  Dec.  31, 

1842, 
James  M.  Freeman,  5th  Brig.  3d  Div.  Jan.  1,  to  June 

1,  1842, 
Parley  Gould,   5th  Brig.   3d    Div.  July  4  to  Dec.  31, 

1842, 
Samuel  A.  Shackford,  6th  Brig.  3d  Div.  Jan.  1  to  Dec. 

31,  1842, 

$149  84 
ADJUTANTS.     $25  per  annum. 

Francis  Allen.  1st.  Batt.  Art.  Sept.  16,  1841,  to  Dec. 

31,  1842, 
Thomas  T.  Law,  2d  Batt.   Art.  Jan.  1   to   Dec.  31, 

1842, 
B.  Franklin  Edmands.  1st  Reg.  L.  Inf.  Sept.  20,  1841, 

to  Dec.  31,  1842, 
Joseph  Sprague,  2d  Reg.  L.  Inf.   Jan.  1   to   Dec.  31, 

1842, 
Samuel  P.  Smith,  1st  Batt.  L.  Inf.  pro  tem.,  Jan.  1  to 

Dec.  31,  1842, 
Francis  I.  Noyes,  3d   Batt.  Art.  Aug.  29  to  Dec.  31, 

1842, 
Woodbridge  Brown,  3d  Reg.  L.  Inf.  pro  tem.,  Nov.  10, 

1840,  to  March  10,  1842, 

Do.  March  10  to  Dec.  31,  1842, 


35 

42 

16 

80 

25 

00 

25 

00 

10 

42 

12  20 

25 

00 

32 

29 

25 

00 

31 

94 

25 

00 

25 

00 

8 

40 

33 

20 

33 
13 

MILITARY  ACCOUNTS.  105 

George  S.  Pearce,  2d  Batt.   L.  Inf.  pro  tetn.,  Aug.  2, 

1841,  to  May  2,  1842, 
Isaac  W.  Vincent,  2d  Batt.  L.  Inf.  May  2  to  Dec.  31, 

1842, 
Stephen  Parker,  5th  Reg.  L.  Inf.   Jan.   1   to  Sept.  8, 

1842, 
Gilbert  Ferren,  5th  Reg.  L.  Inf.  Sept.  19  to  Dec.  31, 

1842, 
Gardner  A.  Burbank,  2d  Reg.  Art.  Jan.  1  to  Dec.  31, 

1842, 
WilHam  Brown,  6th  Reg.   L.  Inf.  Jan.  1  to  Aug.  18, 

1842, 
Jonathan  L.  Kimball,  6th  Reg.  L.  Inf.  Aug.  18  to  Dec. 

31,  1842, 
Bradstreet  P.  Woodman,  7th  Reg.   L.  Inf.  Jan.  1  to 

July  2,  1842, 
George  H.  Kitteridge,  7th  Reg.  L.  Inf.  pro  tem.,  July 

24  to  Dec.  31,  1842, 
John  G.  Gilbert,  8th  Reg.  L.  Inf.  Jan.   1  to  Dec.   31, 

1842, 
Joseph  W.  Magee,  1st  Batt.   Cav.  Aug.  17,  1841,  to 

Dec.  31,  1842, 
William  F.  Arnold,  3d  Reg.  Art.  Sept.  8, 1841,  to  Dec. 

31,  1842, 
Hiram  Scripture,   4th  Batt.   Art.  Jan.  1  to  Dec.  31, 

1842, 
Charles  A.  Mann,  10th  Reg.  L.  Inf.  pro  tem.,  Jan.  1  to 

Dec.  31,  1842, 
Lansford  Batchelder,  11th  Reg.  L.  Inf.  Jan.  1  to  April 

23,  1842, 

$482  90 

HAULING  ARTILLERY. 

Hiram  Davis,  of  Boston  Artillery,  1842,  inspection 
and  review,  $10.     Exper.  gunnery,  $10, 

Richard  Hennessey,  of  Columbian  Artillery,  1842, 
inspection  and  review,  $11  50.  Exper.  gunnery, 
$11  50, 

Ephraim  B.  Richards,  of  Washington  Artillery,  1842, 
inspection  and  review,  $12  50.  Exper.  gunnery, 
$12  50, 

Andrew  Chase,  Jr.  of  Roxbury  Artillery,  1842,  in- 
spection and  review,  $15, 

Benjamin  Stone,  Jr.  of  Dorchester  Artillery,  1842,  in- 
spection and  review,  .$16.     Exper.  gunnery,  $15, 

Henry  A.  Torrey,  of  Weymouth  Artillery,  1842,  in- 
spection and  review,  $11.     Exper.  gunnery,  $5, 

Wendell  Hall,   of  Plymouth  Artillery,  1842,   inspec- 
tion and  review,  $25, 
14 


|18 

75 

16 

59 

17  27 

7 

00 

25 

00 

15 

75 

9 

30 

12 

50 

10 

00 

25 

00 

34  30 

32 

55 

25 

00 

25 

00 

7 

80 

20  00 

23  00 

25 

00 

15 

00 

31 

00 

16  00 

25 

00 

106  MILITARY  ACCOUNTS. 

James  Brooks,  of  Hanover  Artillery,  1842,  inspection 

and  review,  $25.     Exper.  gunnery,  $3,  $28  00 

Ira  C.  Root,  of  Norton  Artillery,  1842,  inspection  and 

review,  $34.     Exper.  gunnery,  $6,  40  00 

Richard  Barrett,  of  Concord  Artillery,  1842,  inspection 

and  review,  $40,  40  00 

Jonathan  S.  Parker,  of  Lexington  Artillery,  1842,  in- 
spection and  review,  $40,  40  00 

Horace  Hammond,  of  Waltham  Artillery,  1842,  in- 
spection and  review,  $30.     Exper.  gunnery,  $15,  45  00 

Charles  K.   Tucker,  of  Charlestown  Artillery,  1842, 

inspection  and  review,  $25.     Exper.  gunnery,  $15,       40  00 

Stephen  Ilsley,  of  Newburyport  Artillery,  1842,  inspec- 
tion and  review,  $45.     Exper.  gunnery,  $15,  60  00 

Thomas  Baker,  of  Gloucester  Artillery,  1842,  inspec- 
tion and  review,  $20.     Exper.  gunnery,  $15,  35  00 

William  T.  Gale,  of  Lynn  Artillery,  1842,  inspection 

and  review,  $15.     Exper.  gunnery,  $15,  30  00 

Caleb  Jones,  of  Salem  Artillery,  1842,  inspection  and 

review,  $30.     Exper.  gunnery,  $15,  45  00 

Artemas  B.  Vant,  of  Milford  Artillery,  1842,  inspec- 
tion and  review,  $19,  19  00 

Luther  Chapin,  of  Buckland  Artillery,  1842,  inspec- 
tion and  review,  $30.     Exper.  gunnery,  $12,  42  00 

Joseph  Green,  of  Greenfield  Artillery,  1841,  inspection 

and  review,  $36.     Exper.  gunnery,  $12,  48  00 

Daniel  Crosby,  of  Greenfield  Artillery,  1842,  inspec- 
tion and  review,  $7.     Exper.  gunnery,  $5  60,  12  60 

Franklin    K.    Hitchcock,  of  Northampton  Artillery, 

1842,  inspection  and  review,  $28,  28  00 

Leonard  Campbell,  of  Plainfield  Artillery,  1842,  in- 
spection and  review,  $29,  29  00 

Theodore  Bridgman,  of  Belchertown  Artillery,  1842, 
inspection  and  review,  $5,  5  00 

Rufus  M.  Pease,  of  Monson  Artillery,  1842,  inspection 

and  review,  $21,  21  00 


$762  60 


Adjutant  General's  Office, 

Boston,  Feb.  28,  1843. 
I  hereby  certify,   that  I  have  examined  the  accounts  con- 
tained in  the  foregoing  roll,  and  that  they  are  correctly  vouched 
and  cast. 

H.  A.  S.  DEARBORN, 

Adjutant  and  Acting  Quarter  Master  General. 


MILITARY  ACCOUNTS.  107 


RECAPITULATION. 


Division  Inspectors, ^78  12 

Brigade  Inspectors,        ----..  149  §4 

Adjutants,              --.....  482  90 

Hauling  Artillery, 762  60 

$1473  46 


108 


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William  Andrews, 
Nehemiah  Brown, 
Asa  French, 
William  Gordon, 
William  Hamilton, 
Luther  Hinckley, 
E.  M.  Hinckley, 
Abel  Moore, 
Jabez  Pratt, 
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SMALL  POX,  &c.  113 


SMALL  POX. 

Charlestown,  expenses  on  account  of  Leverett 

Daniels,  $31  94 

Canton,  expenses  on  acc't  of  Wm.  Curtis,  129  19 

Fall  River,  expenses  on  acc't  of  a  foreigner,  6  50 

Seekonk,  expenses  on  acc't  of  Wm.   Hopkins 

and  R.  Burdick,  69  67 


237  29 


PAUPERS. 

Middlesex  County,  support  of  21  lunatic  state 

paupers,  $1933  57 

Norton,  support  of  Anna  Williams,  14  60 

Upton,  support  and  removal  of  Julia  Hoit  and 
child,  21  65 


-1969  82 


RECAPITULATION. 


Newspaper  accounts, 

Coroners' 

Sheriffs' 

Miscellaneous 

Small  Pox 

Pauper 


$3246 

79 

269 

83 

122 

01 

3327 

67 

237  29 

1969 

82 

$9173  41 


15 


114  PRINTERS,  &c. 

ROLL  or  SUNDRY  ACCOUNTS. 

[See  Resolve  of  March  24,  at  page  83.] 
PRINTPJRS'  ACCOUNTS. 


Chapman  &  Palfrey,  for  Salem  Gazette, 

John  A.  Green,  for  Quincy  Patriot,  17  00 

William  Ives  &  Co.,  for  publishing  the  Laws,  and 

copies  of  the  Salem  Observer,  21  67 

Publishers  of  the  Emancipator  and  Free  American, 

for  sundry  copies,  39  00 

William  Buckminster,  for  publishing  the  Laws,  and 

Massachusetts  Ploughman,  55  69 

N.  Willis,  for  the  Recorder,  80  56 


CORONERS'  ACCOUNTS. 


$234  59 


Benjamin  Drew,  for  taking  sundry  Inquisitions,  $33  20 

Nehemiah  Brown,  for  do.  3  90 

Samuel  Viall,  for  do.  52  16 


MISCELLANEOUS. 


$89  26 


O.  C.  Greenleaf,  stationary  for  the  Senate,  $42  30 

B.  C.  Davis,  for  delivering  packages  of  books  and 
carting  boxes,  by  order  of  the  secretary  of  the  Com- 
monwealth, 81  76 

$124  06 


RECAPITULATION. 

Printers,     ....  $234  59 

Coroners,  .  .  .  ..  89  26 

Miscellaneous,        .  .  .  124  06 

$447  91 


INAUGURAL    ADDRESS 


HIS  EXCELL'ENCY  MARCUS  MORTON. 


Representatives'  Chamber,  Jan.  20,  1843. 

Ai  12  o^ clock.  Ills  Excellency  Marcus  Morton,  accompanied  hy 
the  Council,  Secretary,  and  Sheriff  of  the  County  of  Suffolk, 
Viet  the  two  branches  of  the  Legislature  in  Convention,  and 
delivered  the  following 

ADDRESS: 

Gentlemen  of  the  Senate 

and  of  the  House  of  JRepresentatives, — 

In  assuming  the  trusts  confided  to  us,  and  while  impressed 
with  our  obhgations  to  our  fellow-citizens,  it  becomes  us,  for 
ourselves  and  our  constituents,  with  reverence,  humility  and 
gratitude,  to  acknowledge  our  dependence  upon  that  benevo- 
lent Providence  which  has  filled  our  country  with  health  and 
abundance. 

Never  before  was  the  industry  of  man,  throughout  the  world, 
rewarded  with  such  universal  plentifulness.  Yet  we  have  rea- 
son to  fear  that  privation  and  distress  never  were  greater  or 
more  widely  spread.  While  some  are  burdened  with  superflu- 
ities, many  others  are  pining  in  want.  And  while  some  are  re- 
joicing in  freedom,  others  bow  under  the  oppressor's  yoke,  or 
reluctantly  submit  to  the  despot's  chain.  Can  such  a  state  of 
civil  society  be  in  harmony  with  the  will  of  Him  Avho  created 
us  all  of  one  flesh  and  blood  ?  Does  it  not  cry  aloud  for  melio- 
ration ?  And  although  all  these  evils  do  not  exist  in  their 
most  aggravated  form  in  this  country,  yet  even  here,  in  our 
own  favored  Commonwealth,  we  have  abundant  evidence  that 
the  great  Christian  precept,  '' Whatsoever  ye  would  that  men 
should  do  unto  you,  do  ye  even  so  to  them,"  and  the  corres- 
ponding political  doctrine  of  the  equality  of  man,  are  not  duly 
and  practically  regarded. 


116  GOVERNOR'S  ADDRESS. 

While  a  munificent  Father  has  most  bountifully  supplied  every- 
thing which  can  contribute  to  the  comfort  and  happiness  of  the 
great  human  family,  the  short-sighted  selfishness  of  his  un- 
grateful and  erring  children,  has  so  appropriated  his  bounties 
and  abused  his  blessings,  as  to  oppress  one  portion  without 
benefiting  another,  and  to  mar  the  harmony  and  happiness  of 
the  whole.  Have  we  not,  then,  continually  before  us,  and 
around  us,  plenary  proof  that,  however  the  present  state  of 
man  may  compare  with  his  state  in  former  ages,  his  actual 
condition  in  reference  to  his  possible  condition  shows  that  there 
is  ample  room  for  improvement  and  reform. 

The  identity  of  the  human  race  and  the  fraternity  of  man- 
kind, are  the  bases  of  the  great  religious  and  political  principle 
of  equality.  On  this  the  philanthropist  and  the  statesman 
found  their  hopes  of  the  progressive  improvement  of  humanity. 
All  men  are  equal  before  God.  And  that  state  of  civil  society 
which  approximates  the  nearest  to  general  equality  among  its 
members,  is  most  promotive  of  contentment  and  happiness ; 
while  that  which  departs  most  widely  from  it,  is  most  produc- 
tive of  evil  passions  and  wretchedness.  Where  there  are  some 
very  rich,  there  will  be  many  very  poor.  And  those  civil  insti- 
tutions which  have  the  greatest  tendency  to  prevent  or  mitigate 
the  extremes  of  conditions,  are  the  best  adapted  to  secure  the 
high  object  for  which  government  is  instituted — the  greatest 
happiness  of  the  whole. 

Perfect  equality,  moral,  social  or  pecuniary,  is  not  attainable. 
God  created  men  with  unequal  physical  and  intellectual  pow- 
ers, and  thereby  the  better  adapted  them  to  the  ever-varying 
duties  and  employments  of  life.  This  diversity  of  talents,  oper- 
ating throughout  the  infinite  variety  of  human  affairs,  produces 
the  greatest  harmony  of  action ;  and  is  doubtless  the  best  cal- 
culated to  promote  the  general  happiness.  Civil  institutions 
should  aim  to  encourage  each  one  faithfully  to  employ  his 
talents  in  that  sphere  of  action  to  which  they  are  best  adapted, 
and  in  which  they  will  contribute  the  most  to  the  welfare  of 
himself  and  his  fellow-creatures.  And  this  end  can  best  be  at- 
tained by  securing  to  every  one  the  fruits  of  his  own  industry. 
This,  with  an  equal  distribution  of  intestate  property  among 
heirs,  furnishes  the  most  effectual  guaranty  against  that  gross 
inequality  of  social  condition  which  is  not  only  inconsistent 
with  the  principles  of  human  brotherhood,  but  subversive  of 
those  equal  political  rights  which  are  the  basis  of  our  civil 
institutions.  Could  the  acquisitions  of  individuals  be  limited 
to  the  value  of  their  contributions,  there  would  be  little  danger 
of  those  extremes  which  are  alike  unfavorable  to  the  Christian, 
moral  and  political  well-being  of  society.  And  although  too 
much  interference  of  government  in  private  transactions  is  dan- 
gerous, yet  general  laws,  silently  operating  in  favor  of  these 
principles,  would  be  alike  safe  and  salutary. 

To  a  people  depending  upon  themselves  for  the  management 


GOVERNOR'S  ADDRESS.  117 

of  their  own  public  affairs,  the  universal  diffusion  of  knowledge 
and  the  prevalence  of  virtue,  are  indispensable.  The  promo- 
tion of  morality  and  education  is  the  first  and  highest  duty  of  a 
free  government.  But  with  the  suppression  or  punishment  of 
overt  crimes,  should  terminate  the  direct  action  of  government 
in  favor  of  religion  and  good  morals. 

Religion,  resting  upon  the  relation  which  a  dependent  crea- 
ture sustains  to  an  Almighty  Creator,  exists  anterior  to  civil  so- 
ciety, and  is  independent  of  human  institutions.  As  its  duties 
cannot  be  created,  so  neither  can  they  be  increased,  diminished 
or  modified,  by  civil  laws;  and  any  attempt  to  regulate  or  en- 
force them,  would  be  a  usurpation  which  might  retard,  but 
never  would  promote,  the  growth  of  genuine  piety.  Based  on 
these  high  principles,  our  constitution  and  laws  wisely  leave 
the  obligations  of  religion  to  the  responsibility  of  every  indi- 
vidual to  his  own  conscience,  and  to  his  God ;  carefully  ab- 
staining from  any  further  interference  with  its  external  obser- 
vances, than  is  necessary  to  protect  every  one  in  the  enjoyment 
of  that  mode  of  worship  which  is  most  congenial  to  his  own 
notions  and  feelings,  and  best  accords  with  the  dictates  of  his 
own  conscience. 

Morality  also,  like  religion,  from  which  indeed  it  flows  as 
from  its  source,  shrinks  from  the  touch  of  power,  and  instinct- 
ively resists  the  heavy  hand  of  coercion.  Its  growth  must  be 
spontaneous ;  and  though  it  may  be  increased  by  gentle  cul- 
tivation, yet  compulsive  action  invariably  retards  it.  Among 
the  moral  reforms  which  have  distinguished  the  age  in  which 
we  live,  no  one  has  been  so  prosperous  or  useful  as  that  of 
temperance.  Wherever  its  advocates  have  placed  their  reli- 
ance upon  moral  influences,  its  progress  has  surpassed  the 
highest  hopes  of  its  most  sanguine  friends.  Kindness  and 
persuasion  have  penetrated  hearts  callous  to  shame  and  hard- 
ened against  punishment.  Those  principles  of  human  brother- 
hood which  comprehend  within  their  benevolent  embraces  all 
conditions  and  states  of  human  existence,  have  rescued  from 
degradation  and  pollution,  and  restored  to  moral  life  and  use- 
fulness, thousands  heretofore  supposed  to  be  beyond  the  reach 
of  reformation  or  the  power  of  restraint.  Whether  the  few 
laws  now  in  force  regulating  the  sale  of  spirituous  liquors, 
retard  or  promote  the  progress  of  this  great  reformation  is  a 
question  upon  which  its  friends  are  divided.  But  if  no  legis- 
lative action  can  be  beneficial,  we  may  exert  our  individual  in- 
fluence, enhanced  by  the  official  stations  with  which  we  are 
entrusted,  to  promote  a  moral  improvement  so  important  to  the 
welfare  and  happiness  of  the  human  family. 

A  democratic  government  seeks  the  preservation  and  protec- 
tion of  the  political  rights  of  the  people.  Power  naturally 
increases  by  possession;  and,  though  granted  for  the  benefit  of 
the  whole,  it  must  be  exercised  by  a  few,  and  is  ever  prone  to 
encroach   on  the  rights  of  the  many.     Constant  vigilance  and 


118  GOVERNOR'S  ADDRESS. 

energy  must  therefore  restrain  it  within  its  legitimate  bounds. 
The  fathers  of  our  repubhc,  apprehensive  tliat  the  fundamen- 
tal principles  of  our  government  might  be  forgotten  or  disre- 
garded, and  anxious  that  they  should  be  preserved  in  all  their 
freshness,  in  the  most  solemn  act  of  their  lives  enjoined  a  fre- 
quent recurrence  to  them.  Recent  events,  which  have  filled 
with  anxiety  and  grief  and  mourning  a  neighboring  state,  and 
stained  with  blood  the  soil  of  our  own  Commonwealth,  have 
brought  in  review  and  quickened  in  recollection  those  great  and 
living  principles  of  freedom  which  caused  and  justified  our  glo- 
rious revolution,  and  which  are  the  foundations  of  the  blessed 
government  under  which  we  live.  And  although  we  should 
deeply  deplore  the  malignant  passions  which  they  engendered, 
the  violation  of  rights  which  they  caused,  and  the  deep  and 
general  suffering  which  they  inflicted  on  the  people,  we  cannot 
fail  to  draw  from  them,  as  from  other  afflictive  dispensations 
of  Divine  Providence,  instruction  and  improvement.  They 
should  rekindle  the  flame  of  liberty  in  every  patriotic  breast. 
They  should  develop,  more  distinctly  and  vividly,  the  essential 
principles  of  free  government.  They  should  stamp,  more 
clearly  and  indelibly,  on  every  heart,  the  inalienable  rights  of 
man. 

Among  the  elements  of  a  democratic  government  are  the 
right  of  the  people  to  govern  themselves — the  right  to  establish 
and  maintain  such  form  of  government  as  they  shall  deem 
most  conducive  to  their  own  safety  and  happiness — the  right  of 
every  man  to  an  equal  voice  in  the  formation  and  administra- 
tion of  the  government  under  which  he  lives— and  the  right  to 
an  equal  representation  of  the  people.  These  fundamental  doc- 
trines, which  our  revolutionary  fathers  deemed  worthy  of  that 
memorable  struggle,  nerved  their  arms  for  the  desperate  con- 
flict. But  even  that  holy  cause  did  not  command  perfect  una- 
nimity ;  as  some  then  doubted  the  truth  or  the  sanctity  of  these 
natural  rights,  so  now  there  are  some  who  are  unable  to  com- 
prehend their  import  or  to  appreciate  their  value.  But,  in  the 
revision  and  discussion  of  them,  which  has  been  promoted  by 
the  deplorable  occurrence  referred  to,  it  is  worthy  of  joy  and 
congratulation  that  there  has  been  so  great  an  approximation 
to  unanimity.  Although  some  have  denied  the  right  of  the 
people,  without  the  authority  of  their  rulers,  to  change  their 
form  of  government,  and  have  maintained  the  rightful  power 
of  a  privileged  minority  to  restrain,  by  military  force,  the  action 
of  the  majority,  yet,  with  the  exception  of  those  blinded  by  a 
selfish  interest,  the  proportion  who  deny  the  right  of  self-gov- 
ernment, of  free  suffrage  and  of  equal  representation,  is  very 
inconsiderable. 

The  right  of  every  man  to  a  voice,  and  an  equal  voice,  in 
the  government  over  him,  is  a  natural  and  innate  right.  It 
does  not  depend  upon  the  accident  of  birth,  or  the  possession  of 
property.  It  is  not  the  grant  of  his  fellow-man,  but  the  imme- 
diate gift  of  God,  who  created,  in  his  own  image,  all  men. 


GOVERNOR'S  ADDRESS.  119 

Upon  the  preservation  of  the  freedom  and  purity  of  the  elec- 
tive franchise  depends  the  continuance  of  our  free  governments 
and  the  just  and  wise  administration  of  them.  They  should 
therefore  be  watched  with  untiring  vigilance,  and  maintained 
with  unshrinking  energy.  Every  attempted  invasion  of  them 
should  be  looked  upon  with  indignation  and  punished  with 
severity. 

For  the  proper  exercise  of  the  right  of  suffrage,  the  elector  is 
accountable  only  to  his  God,  and  he  who  should  attempt  to 
inquire  into  it  with  a  view  to  restrain  its  freedom,  would  usurp 
authority  and  do  injustice  to  his  fellow-citizen.  It  is  as  sacred 
and  as  valuable  as  any  other  personal  right,  and  he  who  should 
deprive  any  one  of  its  free  use,  would  be  as  guilty,  and  as  much 
deserve  punishment,  as  he  who  robbed  him  of  his  property  or 
maimed  his  bod}?-.  What  can  be  more  abhorrent  to  the  benevo- 
lence, or  repugnant  to  the  laws,  of  the  Deity,  than  for  a  man 
raised  to  wealth  or  placed  in  business  by  his  favor,  to  take  ad- 
vantage of  the  control  or  influence  which  these  give  him  over 
his  less  fortunate  neighbor,  to  compel  him  to  act  against  his  own 
convictions  of  religious,  moral  or  political  duty?  The  most 
effectual  guaranty  against  this  abuse,  consists  in  the  secrecy  of 
the  ballot.  A  regulation  of  the  manner  of  voting,  so  as  to  pre- 
vent abuses  of  it  and  at  the  same  time  preserve  its  entire  se- 
crecy, may  be  attended  with  difficulty.  But  unrighteous  and 
oppressive  interferences  with  the  personal  rights  of  voters,  by 
overbearing  partizans,  have  become  so  frequent  and  are  so 
dangerous,  that  some  further  legislation  is  needed  to  protect  the 
just  rights  of  poor  and  dependent  electors. 

Another  encroachment  upon  the  purity  of  our  elections, 
which,  by  the  frequency  of  its  occurrence,  calls  for  further  leg- 
islative action,  is  the  abuse  of  the  elective  franchise  by  the 
voter,  in  depositing  in  the  ballot-box  more  than  one  vote.  This 
is  already  punishable  by  our  statute,  but  not  with  sufficient  se- 
verity to  prevent  its  commission.  Voters  sometimes  take  advan- 
tage of  that  provision  of  the  statute  which  requires  the  vote  to 
be  "  deposited  in  the  ballot-box  by  the  voter  in  person,"  to  intro- 
duce several  at  the  same  time.  While  the  vote  is  protected 
from  the  inspection  of  any  one,  the  presiding  officers  must  have 
the  right  and  it  must  be  their  duty  to  prevent  the  elector  from  de- 
positing more  than  one  ballot.  The  evils  and  inconveniences 
resulting  from  such  abuses,  even  when  detected,  are  so  great 
that  it  is  much  more  desirable  to  prevent  than  punish  them. 
But  the  punishment  should  be  certain  and  severe.  As  the 
elector  has  the  means  of  knowing  whether  he  ofl'ers  more  than 
one  ballot,  and  cannot  give  in  more  than  one  unless  it  be  inten- 
tionally or  negligently,  I  recommend  that  the  statute  be  so 
amended,  that  every  one  who  puts  in,  or  offers  to  put  in,  more 
than  one  vote,  be  at  all  events  subject  to  the  penalty. 

The  frequency  with  which,  of  late,  frauds  upon  the  ballot-box 
have  been  committed  or  attempted,  has  led  me  to  apprehend 


120  GOVERNOR'S  ADDRESS. 

that  this  was  the  point  upon  which  the  opponents  of  free  elective 
governments  would  be  most  likely  to  make  their  attacks,  and 
upon  which  their  assaults  would  be  the  most  dangerous ;  I 
have  therefore  deemed  it  my  duty  to  recommend  the  subject  to 
your  grave  consideration. 

But  we  must  not  forget  that  the  surest  and  most  effectual 
means  of  preserving  the  purity  of  elections,  and  the  beauty  and 
excellence  of  our  government,  is  the  universal  diffusion  of  men- 
tal and  moral  light.  Education  is  better  than  penal  statutes, 
and  will,  in  a  great  measure,  supersede  prisons  and  peniten- 
tiaries. But  this  has  so  often  been  the  theme  of  executive  re- 
commendation, and  of  legislative  deliberation  and  supervision, 
that  little  remains  to  be  urged  in  its  favor.  And  yet,  so  impor- 
tant is  it  to  the  moral  and  political  welfare  of  the  community, 
that  every  returning  year  should  bring  with  it  a  renewal  of  the 
recommendation,  and  a  revision  of  the  subject.  Our  great  ob- 
ject should  be  to  make  the  spread  of  knowledge  general  and 
equal ;  to  cause  the  streams  to  flow  as  purely  and  copiously  in 
the  extremities  as  at  the  heart;  to  take  care  that  the  light  of 
public  instruction  illuminate  the  obscurest  corner  as  thoroughly 
as  the  centre. 

While  much  has  been  done  for  our  public  schools,  and  great 
improvements  made  in  all  of  them,  I  fear  that  the  common 
town  schools  have  not  kept  pace  with  other  institutions  of  learn- 
ing. And,  although  the  genius  of  our  government  requires  the 
greatest  practicable  degree  of  equality  in  the  education  of  our 
citizens,  by  elevating,  and  more  thoroughly  diffusing,  the  in- 
struction of  our  common  schools,  yet  I  fear  that  the  inequality, 
instead  of  diminishing,  increases  with  the  advancement  of 
knowledge  and  science.  If  it  be  so,  our  efforts  should  be  di- 
rected to  its  counteraction. 

All  our  institutions,  being  essentially  popular,  must  necessa- 
rily depend  on  the  will  of  the  people  for  their  success.  This  is 
ernphatically  true  of  our  town  schools.  And  nothing  will  so 
much  promote  their  improvement,  and  the  advancement  of 
general  education,  as  to  excite  the  interest  of  the  people  in  them. 
The  best  method  to  accomplish  this  object,  is  to  devolve  upon 
each  school  district  the  control  and  management  of  its  own 
school.  Let  the  inhabitants  realize  that  it  is  their  own  institu- 
tion ;  that  they  alone  are  responsible  for  its  success ;  that  it  is 
the  child  of  their  own  little  community,  to  prosper  by  their  care, 
or  pine  through  their  neglect ;  and  it  would  excite  an  interest,  a 
pride,  and  an  emulation,  which  would  improve  and  benefit  both 
parents  and  children. 

The  power  which  the  cheapness  of  modern  publications  has 
given  to  school  districts,  to  procure  useful  libraries,  and  the  fa- 
cilities of  increasing  them  by  arrangements  between  contiguous 
districts  for  interchanges,  will  promote  a  taste  for  reading,  and 
a  spirit  of  inquiry,  which  will  prove  powerful  auxiliaries  in  the 
cause  of  education.     The  provision  made  by  the  Legislature  of 


GOVERNOR'S  ADDRESS.  121 

last  year,  to  aid  school  districts  in  the  purchase  of  libraries,  has 
proved  partial  and  unjust  in  its  operation,  and  failed  to  accom- 
plish all  the  objects  in  view.  But  a  ver}''  small  proportion  of 
the  districts  have  availed  themselves  of  the  bounty  of  the  gov- 
ernment. While  the  more  wealthy  and  populous  districts, 
which  least  needed  public  aid,  have  obtained  the  bounty,  the 
poorer  and  less  populous  ones,  which  stood  in  the  greatest  need 
of  assistance,  not  having  the  ability  or  inclination  to  perform 
the  condition,  have  failed  to  derive  any  benefit  from  the  grant. 
Those  corporations  which  have  not  availed  themselves  of  the 
district  system  of  instruction,  do  not  come  within  the  provi- 
sions of  the  statute,  and  are  not  entitled  to  any  portion  of  the 
gratuity.  This  grant  of  money  from  the  school  fund,  which, 
should  all  the  districts  avail  themselves  of  it,  would  materially 
impair  the  fund,  has  been  made,  and  in  part  executed,  and  can- 
not now  be  recalled.  Not  intending  to  express  any  approba- 
tion of  this  encroachment  upon  the  principal  of  the  fund,  I  will 
suggest  the  inquiry  whether  some  further  legislative  action  be 
not  needed  to  render  the  distribution  more  general  and  equal. 

"The  Massachusetts  school  fund,"  established  "for  the  en- 
couragement of  common  schools,"  and  made  "  a  permanent 
fund,"  having  been  created  for  an  object  so  important  and  so 
essential  to  the  well-being  of  the  community,  should  be  held 
sacred  and  inviolable.  Its  principal  should  never  be  encroach- 
ed upon,  nor  exposed  to  loss,  and  its  annual  income  should  be 
used  only  for  the  purpose  for  which  the  fund  was  established. 
If  diverted  for  one  object,  the  precedent  may  be  used  to  justify 
some  other  encroachment  upon  it.  I  cannot  refrain  from  the 
expression  of  my  apprehension,  that  the  investment  of  it  in  the 
scrip  of  the  Commonwealth  may  endanger  its  ultimate  safety. 
Should  any  of  the  corporations,  to  whom  this  scrip  has  been 
loaned,  fail  to  pay  the  interest  or  the  principal  when  due,  the 
only  security  which  the  school  fund  would  have,  would  consist 
in  the  will  of  the  Legislature  to  impose  an  annual  tax,  to  be 
paid  to  the  several  towns  for  the  support  of  town  schools ;  and 
the  only  benefit  which  the  towns  would  derive,  would  consist 
in  having  the  State  impose  the  tax  instead  of  imposing  it  them- 
selves. I  will,  therefore,  submit  to  the  wisdom  of  the  Legisla- 
ture to  determine  whether  some  more  specific  direction  for  the 
investment  of  this  fund  would  not  increase  its  safety. 

Government  being  instituted  for  the  common  benefit,  its  sup- 
port should  be  a  common  burden.  But  the  best  method  of 
apportioning  this  burden  and  deriving  this  support  from  the 
people,  is  a  problem  of  some  difficulty,  and  one  which  requires 
the  careful  consideration  of  the  pohtical  economist.  The  con- 
tributions should  undoubtedly  bear  some  proportion  to  the  ben- 
efits derived  ;  and  those  who  have  most  under  the  protection  of 
the  government,  should  contribute  most  towards  its  support. 
But  as  its  protecting  power  is  necessary  to  all,  and  as  the 
benefits  derived  are  incomparably  greater  than  the  burdens 
16 


122  GOVERNOR'S  ADDRESS. 

imposed,  the  most  practicable  rule  is,  that  each  one  should  con- 
tribute in  proportion  to  his  ability  to  pay.  However  obvious 
the  justice  of  this  rule  may  be,  and  however  great  the  desire  to 
adhere  to  it,  yet,  in  practice,  even  an  approximation""is  a  diffi- 
cult attainment. 

Althongh,  in  imposing  charges  upon  the  people,  equality 
should  be  the  leading  and  paramount  object,  yet  other  consider- 
ations are  entitled  to  weiglit.  The  facility  or  expensiveness  of 
the  collection  of  taxes,  their  influence  upon  the  habits,  the 
industry  and  the  morals  of  the  community,  their  operation  upon 
the  luxuries  or  necessaries  of  life,  and  their  openness  to  the  ob- 
servation and  knowledge  of  those  who  pay  them,  are  consider- 
ations which  should  be  regarded. 

Those  who  pay,  and  those  who  receive  as  well  as  pay,  taxes, 
have  adverse  interests,  and  form  a  check  upon  each  other.  But 
for  this  restraint,  there  would  be  great  danger  that  unnecessary 
and  oppressive  burdens  would  be  laid  upon  the  people.  This 
has  ever  been  the  case  where  their  voice  was  heard  but  par- 
tially, or  not  at  all.  That  mode  of  taxation,  therefore,  wliich 
exhibits  most  clearly  and  distinctly  to  the  tax-payer  the  exact 
amount  which  he  pays,  has,  at  least,  one  very  strong  recom- 
mendation in  its  favor.  And  that  system  of  appropriation 
which  shows  most  plainly  the  objects  for  which  taxes  are  im- 
posed, is  most  consonant  to  the  principles  of  a  free  government. 
It  is  the  right  and  the  duty  of  the  people  to  know  how  their 
agents  expend  the  funds  which  are  placed  in  their  hands — 
whether  for  the  common  benefit  of  all,  or  the  especial  advantage 
of  a  part — whether  judiciously  and  economically,  or  improvi- 
dently  and  profligately.  And  where  the  call  of  the  tax-gatherer 
annually  or  oftener  admonishes  the  people  of  the  exact  amount 
of  their  contributions  to  the  public  treasury,  there  is  very  little 
danger  that  they  will  neglect  to  investigate  the  nature  and  ex- 
tent of  the  public  expenditure,  or  to  call  their  agents  to  account 
for  any  waste  or  misapplication. 

In  the  distribution  of  powers  between  the  national  and  state 
governments,  the  power  of  taxation  necessarily  exists  in  both. 
The  former  have  the  exclusive  authority  to  impose  duties  on 
imports,  and  the  paramount  nature  of  all  their  powers  necessa- 
rily gives  them  the  exclusive  right  over  most  subjects  of  inter- 
nal taxation,  when  they  choose  to  exercise  it.  The  power  of 
the  States  to  impose  indirect  taxes,  is  circumscribed,  and  in 
some  measure  dependent  iipon  the  action  of  the  federal  govern- 
ment. The  system  of  taxation  by  a  tnrift'  of  duties,  furnishes 
groat  facilities  for  the  collection  of  a  national  revenue.  And 
although  it  operates  insidiously,  taking  from  the  people  contri- 
butions, the  nature  and  extent  of  which  they  cannot  well 
understand;  and  inequitably,  exacting  from  the  poor  nearly  as 
much  as  from  the  ricii ;  yet,  as  by  a  wise  discrimination  it  tends 
to  the  preservation  of  American  industry,  and  has  so  many 
other  and  great  advantages,  it  never  will  be  abandoned. 


GOVERNOR'S  ADDRESS.  123 

A  democratic  government  is  called  the  cheapest  government 
which  can  be  maintained.  It  truly  is  so.  The  disparity  be- 
tween the  expenses  of  our  own  and  those  of  any  other  govern- 
ment, is  very  great.  But  we  should  not  deceive  ourselves,  nor 
overvalue  our  political  advantages,  great  as  they  are.  The 
power  of  taxation  is  divided  among  so  many  different  authori- 
ties, that,  with  the  United  States  taxes,  the  State  taxes,  the 
county  taxes,  and  the  town  taxes,  without  mentioning  other 
occasional  taxes,  the  whole  amounts  to  no  inconsiderable  bur- 
den. Let  provident  management  and  practical  economy  so 
reign  in  all  these  departments,  as  to  prevent  any  unnecessary 
burdens  in  any  of  them. 

The  sources  of  revenue  which  have  been  principally  relied 
npon,  of  late,  for  the  support  of  our  State  government,  are  the 
tax  upon  banks,  and  the  duty  on  sales  at  auction.  It  should 
not  be  forgotten  that  all  taxes,  however  imposed,  necessarily 
fall  upon  the  people;  some  with  more  and  some  with  less 
equality  and  justice.  Tlie  abundance  of  the  income  derived 
from  these  sources,  and  the  indirect  and  imperceptible  manner 
in  which  it  has  been  drawn  from  the  people,  have  been  the 
principal  causes  of  that  improvident  expenditure  which  has  in- 
volved the  financial  affairs  of  our  Commonwealth  in  embar- 
rassment. 

The  State,  as  well  as  the  nation,  having  derived  its  revenue 
from  other  sources,  has  left  the  subject  of  direct  taxation  to 
towns  and  counties.  But  if  the  State  should  never  have  occa- 
sion to  resort  to  it  again,  it  is  not  the  less  our  duly  to  prescribe 
just  and  equable  rules  of  assessment.  From  my  observation 
of  the  operation  of  the  existing  laws,  I  fear  that  the  burdens 
fall  with  unequal  weight  upon  different  portions  of  the  com- 
munity. Real  estate,  which  is  not  the  most  productive  species 
of  property,  being  incapable  of  concealment,  receives  more  than 
its  just  share  of  taxation  ;  while  personal  property,  and  espe- 
cially shares  in  joint-stock  companies  and  money  at  interest, 
being  less  tangible  and  visible,  in  some  measure  escapes  the  no- 
tice of  the  assessors.  The  agricultural  interest  is  not  only  the 
first  and  greatest  interest,  but  the  basis  of  all  other  branches 
of  industry.  It  compreiiends  three  times  as  many  persons  as 
any  other  pursuit,  and  more  than  all  others  united.  As  a  class, 
they  ask  less  and  contribute  more  than  any  other  class.  And 
while  they  seek  no  special  privileges  or  exclusive  advantages 
for  themselves,  they  are  peculiarly  liable  to  be  preyed  upon  by 
them  in  the  hands  of  others.  If  any  remedy  for  the  unequal 
burdens  imposed  upon  them  can  be  devised,  it  will  be  our  duty, 
as  I  am  sure  it  will  be  our  pleasure,  to  adopt  it. 

Another  remark  which,  doubtless,  has  occurred  to  every  one 
conversant  with  the  practical  course  of  direct  taxation,  is  that 
the  assessments  are  almost  invariably  heavier  upon  the  poorer 
than  upon  the  wealthier  classes.  As  the  property  diminishes, 
the  abihty  to  pay  taxes  more  rapidly  diminishes.     Yet  it  is 


124  GOVERNORS  ADDRESS. 

feared  that,  in  practice,  the  proportion  of  the  taxes  to  the  es- 
tate increases  as  the  ability  to  pay  decreases.  This  tendency 
should  be  strenuously  counteracted,  especially  as,  in  our  com- 
plicated system,  the  indirect  taxes,  depending  on  consumption, 
take  nearly  as  much  from  the  poor  man  as  the  rich  one.  And, 
if  we  cannot  countervail  the  inequality  of  indirect  taxation, 
we  shonld  be  cautious  not  to  increase  it  by  a  corresponding 
inequality  in  our  direct  taxes.  It  is  worthy  of  3'^our  considera- 
tion, whether  some  relief  may  not  be  found  by  transferring  the 
assessment  on  mortgaged  estates,  to  the  extent  of  the  amount 
secured,  from  the  mortgagor  to  the  mortgagee.  This  would 
prevent  the  same  property  from  being  twice  taxed,  or  the 
money  at  interest  from  escaping  taxation. 

Another  measure  of  relief  to  the  poor  tax-payer,  which  I 
recommend  to  your  favorable  regard,  is  the  reduction  of  the 
poll-tax.  This  would  accomplish  two  objects,  the  one  alfect- 
ing  essential  political  rights,  and  both  worthy  of  earnest  con- 
sideration. 

I  hold  that  every  man  has  a  natural  right  to  a  voice,  and  an 
equal  voice,  in  the  government  under  which  he  lives — a  voice 
which,  like  other  essential  rights,  he  may  forfeit  by  his  own 
misconduct,  but  of  which  he  cannot  rightfully  be  deprived 
without  his  fault.  This  right  is  not  derived  from  the  govern- 
ment. It  cannot  be  bought  of  it  by  the  payment  of  a  price  ; 
nor  can  it  be  withheld  by  an  omission  to  call  for,  or  a  refusal 
to  receive  money.  Every  man,  whether  he  pays  taxes  or  not, 
owes  duties  to  the  government  over  him  ;  is  entitled  to  protec- 
tion from  it;  is  bound  by  its  decrees,  and  has  a  right  to  be 
heard  in  making  them. 

The  political  axiom  so  much  venerated  in  the  days  of  the 
revolution,  that  "representation  and  taxation  go  together," 
was  used  only  to  deny  the  liability  to  taxation  of  those  who 
had  no  voice  in  imposing  the  taxes ;  but  never  was  relied  upon 
to  exclude  any  from  the  right  of  suffrage,  because  they  were 
omitted  from  the  tax-bills.  But,  in  any  sense,  it  is  broad 
enough  to  support  universal  suffrage.  For  every  man  who 
consumes  dutiable  articles,  pays  a  tax.  And  who  is  there 
that  does  not,  every  year,  in  the  duties  on  the  goods  consumed 
by  him,  contribute  to  the  revenue,  many  times  the  amount  of 
a  single  poll-tax?  I  therefore  recommend  that  the  poll-tax  be 
reduced  to  a  very  small  sum,  and  that  it  be  imposed  upon 
every  male  between  the  ages  of  twenty  and  seventy  years 
"  excepting  paupers  and  persons  imder  guardianship." 

In  assuming  the  government  of  the  Commonwealth,  we  find 
its  pecuniary  affairs  in  an  embarrassed  condition.  It  is  deeply 
involved  in  debt.  Its  credit  is  impaired.  It  has  been  com- 
pelled to  sell  its  own  notes  under  par,  to  meet  its  obligations. 
It  has  become  a  partner  in  a  joint-stock  company  controlled  by 
individuals.  Its  stock  will  take  from  the  earnings  of  the  people 
more  than  fifty  thousand  dollars  a  year,  without  any  present 


GOVERNOR'S  ADDRESS.  125 

prospect  of  a  return  in  dividends.  And  it  has  also  involved  its 
fiscal  liabilities  with  numerous  private  corporations,  upon  whose 
ability  and  punctuality  may  depend  the  public  faith  and  the 
honor  of  the  Commonwealth. 

The  income  of  the  State,  derived  principally  from  the  sources 
above  referred  to,  gradually  increased  for  a  number  of  years, 
till  from  two  hundred  thousand,  it  rose  to  five  hundred  and  fifty 
thousand  dollars  per  annum.  And  although  it  is  now  some- 
what reduced,  still  it  is  more  than  double  what  it  was  twenty 
years  ago.  But  notwithstanding  the  rapid  increase  of  our  rev- 
enue, our  expenditures  increased  more  rapidly;  and  the  State 
now  owes  a  debt  of  one  million  two  hundred  thousand  dollars, 
for  money  which,  during  the  last  eight  years,  it  has  expended 
over  and  above  its  receipts  ;  and  five  million  dollars  on  the 
scrip  or  notes  which  it  has  issued,  and  for  which  it  holds  the 
securities  of  several  rail-road  corporations. 

These  expenditures  never  would  have  been  incurred  by  the 
government,  had  it  been  under  the  necessity  of  raising  the 
amount  expended,  directly,  and  in  a  perceptible  form,  from  the 
people.  They  would  have  scrutinized  the  objects  and  the  ne- 
cessities of  the  expenditures,  and  would  have  condemned  many 
of  them  as  unnecessary  and  extravagant.  They  would  have 
required  a  course  of  retrenchment  and  reform,  and  would  have 
holden  their  agents  to  a  system  of  economy  which  would  have 
saved  the  State  from  its  present  indebtedness. 

When,  three  years  ago,  it  became  my  duty  to  address  the 
Legislature  on  the  subject  of  our  finances,  I  urged  upon  them, 
in  language  as  strong  as  official  decorum  and  my  respect  for 
the  coordinate  branches  of  the  government  would  permit,  the 
retrenchment  of  expenses  and  a  course  of  rigid  economy. 
Then,  in  my  judgment,  it  would  not  have  been  impracticable 
or  even  difficult,  to  have  reduced  our  expenditures  within  our 
income,  and  to  have  made  a  gradual  reduction  of  our  debt ;  so 
that,  in  a  short  time,  our  State  would  have  been  raised  to  the 
financial  condition  it  was  in  a  few  years  ago — free  of  debt,  with 
a  full  treasury.  But  in  the  last  three  years,  our  revenue  has 
diminished,  while  the  increase  of  our  debt  has  caused,  by  the 
increase  of  interest,  a  great  addition  to  our  annual  expenses. 
The  interest  which  we  are  now  obliged  to  pay,  amounts  to  sixty 
thousand  dollars  a  year.  But  for  this,  the  yearly  reduction 
and  eventual  extinction  of  the  direct  debt  of  the  State  might  be 
easily  accomplished. 

Fellow-citizens — we  have  been  selected  for  the  purpose  of 
reforming  supposed  abuses — of  substituting  a  wise  economy  for 
improvidence,  and  a  reduction  of  expenses  for  a  sy&tem  of  bor- 
rowing. Much  is  expected  at  our  hands.  The  responsibility 
is  onerous,  but  it  must  be  met.  The  honor  of  the  Common- 
wealth must  be  maintained  with  untarnished  lustre.  The  pub- 
lic faith  must,  in  all  events,  be  preserved  inviolate.  We  must 
adopt  and  firmly  adhere  to  the  position,  that  our  income  must 


126  GOVERNOR'S  ADDRESS. 

exceed  our  expenses.  The  latter  must  be  so  reduced,  or  the 
former  so  increased,  that,  after  meeting  all  necessary  demands 
upon  the  treasury,  there  shall  remain  a  surplus  to  be  applied 
towards  the  extinction  of  our  debt. 

The  first  effort  to  accomplish  this  object  should  be  the  adop- 
tion of  a  system  of  retrenchment.  Let  this  be  thorough  and 
effectual.  The  people  expect  and  demand  it.  The  times  favor 
it.  The  depression  of  prices  and  the  stagnation  of  business 
justify  it.  The  most  rigid  economy,  public  and  private,  pre- 
sents the  only  relief  from  the  disorders  under  which  we  labor, 
and  the  only  means  of  a  restoration  of  prosperity.  But  as  the 
present  time  is  favorable  to  retrenchment,  so  is  it  unfavorable 
to  taxation.  We  should  submit  to  almost  any  privation,  not 
unjust  or  dishonorable,  rather  than  resort  to  it.  But  if  no  other 
resources  sufficient  to  meet  the  exigency  can  be  found,  we 
must  do  our  duty.  An  enlightened  constituency  will  prefer  a 
present  burden  to  a  perpetual  round  of  new  loans  to  pay  old 
ones,  and  the  continual  accumulation  of  debt.  We  may  safely 
rely  upon  their  intelligence  to  distinguish  between  those  whose 
improvidence  rendered  the  imposition  necessary,  and  those  who 
resorted  to  it  to  rescue  the  credit  and  preserve  the  honor  of  the 
State. 

But  seeing  our  great  embarrassments,  perceiving  the  cause  of 
them,  and  feeling  the  extreme  difficulty  of  removing  them,  let 
us,  if  possible,  provide  a  remedy  against  their  recurrence. 

Of  all  the  contrivances  ever  invented  to  impoverish  the  peo- 
ple, to  eat  out  their  substance,  and  bind  upon  them  perpetual 
burdens  grievous  to  be  borne,  that  of  a  public  debt  is  the  most 
effectual  and  unfailing.  How  many  unnecessary  and  profligate 
expenditures  have  been  incurred — how  many  useless  and  per- 
nicious enterprizes  have  been  undertaken — how  many  un- 
righteous and  bloody  wars  have  been  waged,  by  nations  and 
states,  on  resources  derived  from  loans  !  But  for  these,  how 
many  crimes  against  humanity  would  have  been  restrained  or 
wholly  avoided ! 

Great  Britain,  which  boasts  of  her  love  of  liberty  and  jus- 
tice, and  claims  to  be  the  most  enlightened  nation  of  the  old 
world,  now  owes  a  debt  of  more  than  thirty-five  hundred  mil- 
lions of  dollars,  upon  which  she  is  obliged  to  pay  every  year 
an  interest  of  at  least  one  hundred  and  thirty  millions  of  dol- 
lars. What  an  oppressive  and  grinding  burden  upon  the  peo- 
ple of  that  nation  !  This  debt  is  the  accumulation  of  ages. 
How  many  millions  of  industrious  people  are  reduced  lo  the 
lowest  poverty  and  extremest  privation,  to  pay  the  interest  on 
a  debt  contracted  by  some  former  generation  ! 

Public  debts,  in  the  course  of  time,  become  merely  a  mode  of 
making  the  whole  people,  for  a  consideration  received  by  their 
remote  ancestors,  tributary  to  a  part,  and  of  taxing  labor  for 
the  benefit  of  capital.  Sometimes,  as  in  England,  the  interest 
is  paid  to  inhabitants  of  the  same  nation  ;  and  sometimes,  as  in 


GOVERNOR'S  ADDRESS.  127 

the  states  of  this  Union,  it  is  paid  to  foreigners.  In  both  cases 
it  is  highly  injurious  to  the  industry  and  prosperity  of  the  peo- 
ple ;  but  in  the  latter  it  is  peculiarly  so,  as  it  constitutes  a  con- 
tinual drain  of  the  specie  and  other  valuable  property  of  the 
country.  Notwithstanding  the  apparent  injustice  of  one  gener- 
ation's imposing  burdens  on  other  generations,  the  power  of 
borrowing  is  undoubtedly  an  incident  of  sovereignty.  But  in 
free  governments,  where  those  who  pay  the  expenses  hold  the 
sovereign  power,  and  where  authority  is  exercised  by  delegation, 
there  can  be  no  difficulty  in  restraining  and  limiting  this  dan- 
gerous power.  And  although,  in  the  national  government,  the 
wisdom  of  imposing  such  a  restriction  may  not  be  so  apparent, 
yet,  in  a  state  government,  whose  powers  are  principally  em- 
ployed in  domestic  regulations  and  internal  legislation,  it  would 
seem  to  be  peculiarly  proper,  and  experience  has  already  shown 
its  utility  and  necessity.  I  therefore  present  to  your  considera- 
tion the  propriety  of  proposing  an  amendment  to  our  constitu- 
tion, restricting  the  power  of  the  Legislature  to  borrow  money, 
except  in  case  of  invasion  or  insurrection,  to  a  limited  and  cer- 
tain sum.  Should  an  emergency  arise,  or  an  object  be  present- 
ed, which  should  seem  to  require  the  use  of  the  credit  of  the 
State,  it  would  be  easy  to  obtain  the  opinion  of  the  people  upon 
it,  and  their  authority  for  it,  should  they  approve  of  the  meas- 
ure. This  appears  to  me  to  be  a  salutary  restriction,  and  one 
which,  had  it  been  a  part  of  our  constitution,  would  have 
saved  us  from  the  extent  of  our  present  indebtedness.  I  can 
hardly  doubt  that,  should  it  be  proposed  to  the  people,  they 
would  readily  adopt  it. 

My  views  of  the  evils  of  an  inflated  and  fluctuating  currency, 
and  of  the  vices  of  our  banking  system,  were  very  fully  com- 
municated to  the  Legislature  on  a  former  occasion.  These  vices 
and  evils  seem  to  be,  though  slowly,  and  unfortunately  through 
the  suflerings  of  the  people,  working  out  their  own  cure.  Most 
of  them  have,  undoubtedly,  been  caused  by  a  course  of  legis- 
lation tending  to  aid  the  few  at  the  expense  of  the  many,  and 
by  an  abuse  or  evasion  of  the  laws  conferring  special  privileges. 
The  aggravating  cause  of  the  failure  of  so  many  of  our  banking 
institutions  has  been  the  abuse  of  the  power  of  bank  oflicers  in 
making  extravagant  loans  to  themselves,  and  swallowing  up  the 
capitals  of  the  banks  in  their  private  speculations.  The  rela- 
tions of  borrower  and  lender,  like  those  of  buyer  and  seller, 
are  so  incompatible,  that  they  never  can  be  safely  joined  in  the 
same  persons.  Their  union  should  be  eftectually  prohibited  or 
properly  restrained.  Although  the  statute  of  183S,  chapter 
196,  doubtless  was  intended  to  limit  the  amount  of  loans  to 
directors,  yet  many  banks  have  entirely  disregarded  it.  And 
the  inspections  of  the  Bank  Commissioners  do  not  appear 
to  have  had  any  influence  in  restraining  them.  From  the 
number  of  failures  which  have  occurred  since  the  estab- 
hshraent  of  that  board,   and   the  extent  of   the   losses   which 


128  GOVERNOR'S  ADDRESS. 

have  thereby  been  sustained,  it  would  seem  that  the  object  of 
their  creation  had  failed.  The  Legislature  will,  therefore,  con- 
sider whether  the  expenses  of  that  board  may  not  be  one  item 
in  the  system  of  retrenchment,  which  we  trust  it  is  about  to 
commence.  A  statute  provision  opening,  under  proper  regula- 
tions, the  books  of  the  banks  to  the  inspection  of  stockholders, 
and  requiring  bank  officers  to  state  in  their  returns  the  amount 
loaned  to  each  director,  would  furnish  a  more  etfectual  safeguard 
against  excessive  loans  to  bank  officers,  and  a  better  security 
against  losses,  to  the  public  and  stockholders,  than  the  examin- 
ations of  any  board  of  commissioners. 

Upon  the  subject  of  capital  punishments,  and  of  incorpora- 
tions for  the  transaction  of  private  business.  I  ask  your  atten- 
tion to  the  views  heretofore  presented  by  me.  My  conviction 
of  their  soundness  and  justness  has  been  confirmed  by  reflec- 
tion and  observation. 

The  history  of  criminal  jurisprudence  shows  that  the  mitiga- 
tion of  punishment  does  not  increase  crime.  On  the  contrary, 
crimes  are  found  to  be  most  numerous  where  penalties  are 
most  severe.  All  unnecessary  severity  is  vengeance  rather 
than  punishment.  Not  only  benevolence  and  humanity,  bnt 
justice  and  expediency,  enforce  the  argument  in  favor  of  lenity. 
I  therefore  renew  my  former  recommendation,  that  the  punish- 
ment of  death  be  abolished  in  all  cases,  unless  the  Legislature 
should  deem  it  more  wise  to  commence  the  experiment  with  the 
exception  of  aggravated  murder.  I  am  also  of  opinion  that  a 
general  melioration  of  the  criminal  code  would  better  comport 
with  the  present  spirit  of  penal  legislation,  and  tend  to  dimin- 
ish, rather  than  increase,  the  commission  of  offences. 

If  joint-stock  companies  derive  any  advantage  from  the  pos- 
session of  corporate  powers,  equal  justice  requires  that  all  part- 
nerships, when  sufficiently  numerous,  should  be  entitled  to  the 
same.  A  general  authority  to  this  effect,  would  take  from  cor- 
porations their  character  of  monopoly  ;  and  if  the  members 
were  made  personally  liable  for  debts,  as  partners  now  are,  the 
exclusive  privileges  which  they  possess  would  be  removed.  I 
can  perceive  no  valid  reason  for  exempting  corporators  from 
liabilities  to  which  they  would  be  subject  if  they  transacted  the 
same  business  as  private  individuals.  Wisdom  and  sound  pol- 
icy, in  my  opinion,  recommend  a  general  statute  provision 
authorizing  all  persons  who  may  wish  to  associate  as  a  corpo- 
ration for  the  transaction  of  business,  to  avail  themselves  of  the 
powers  conferred  on  such  corporations,  by  recording  in  some 
suitable  office  their  articles  of  association,  and  giving  such  other 
publicity  as  may  be  thought  advisable.  This  would  relieve 
the  Legislature  from  much  labor,  tend  to  reduce  the  length  of 
their  sessions,  and  save  expense  to  the  Commonwealth.  I  can 
discover  no  objection  to  the  measure.  Experience  is  in  its 
favor.  Religious  societies,  proprietors  of  libraries,  members  of 
lyceums,  proprietors  of  general   fields,  tenants  in  common  of 


GOVEllNOIl'S  ADDRESS.  129 

lands,  wharves  and  other  real  estate,  when  sufficiently  numer- 
ous, have  long  possessed  and  exercised  the  right  of  acquiring 
corporate  powers  by  their  own  acts,  and  no  inconvenience  has 
arisen  from  it. 

To  the  wisdom  of  our  patriot  fathers,  are  we  indebted  for 
that  wonderful  scheme,  unknown  to  the  ancients,  of  a  federal 
union  of  numerous  independent  sovereignties  into  one  general 
government,  combining  for  foreign  purposes  the  concentration 
and  power  of  a  mighty  empire,  with  all  the  freedom,  the  rights, 
privileges  and  benefits  of  a  genuine  democracy.  Though 
composed  of  many  parts,  and  capable  of  comprehending  any 
extent  and  variety  of  territory,  population,  wealth  and  busi- 
ness, it  is  a  beautiful  and  symmetrical  machine.  And  as  long 
as  each  member  shall  keep  within  its  proper  sphere  of  action, 
and  perform  its  legitimate  functions,  the  whole  will  move  in 
perfect  harmony. 

Although  there  are  many  subjects,  within  the  jurisdiction  of 
the  general  government,  now  exciting  a  deep  public  interest 
and  calling  for  marked  animadversion,  yet,  on  the  present 
occasion,  in  the  discharge  of  my  official  duty  to  you  and  the 
people  of  the  Commonwealth,  I  have  supposed  that,  by  con- 
lining  my  remarks  to  matters  within  the  range  of  our  own 
jurisdiction,  I  should  better  serve  our  common  constituents. 

And  now,  in  conclusion,  allow  me  with  earnestness  and  deep 
solicitude,  but  with  great  deference  and  respect  for  the  more 
immediate  representatives  of  the  people,  to  counsel  and  urge 
you  to  a  prompt  dispatch  of  the  public  business,  and  an  early 
termination  of  the  session.  Public  laws,  rather  than  private, 
local,  or  special  acts,  should  command  our  attention.  Statutes, 
to  be  useful,  should  be  few,  simple,  and  intelligible.  There  is 
more  danger  of  too  much,  than  of  too  little  legislation. 

Every  change  is  of  itself  a  positive  evil ;  and  should  not  be 
adopted  unless  overbalanced  by  the  remedy  of  a  serious  defect, 
or  the  introduction  of  a  material  improvement.  Our  statutes 
have  recently  been  revised  with  great  learning  and  care,  and 
it  is  believed  require  but  little  amendment.  Let  us  then  im- 
mediately enter  upon  such  important  subjects  of  general  in- 
terest as  may  require  legislative  action.  Diligence,  assiduity, 
and  the  addition  of  a  few  hours  to  our  daily  labor,  will  enable 
us,  in  the  shortness  of  our  session,  to  set  an  example  of  re- 
trenchment and  economy.  And  in  any  measure  calculated  to 
improve  our  general  laws,  to  secure  the  rights  of  the  people,  to 
protect  the  weak,  to  relieve  the  distressed,  to  promote  industry, 
economy,  education  and  good  morals,  and  to  increase  the  com- 
forts, the  happiness  and  the  prosperity  of  the  people  of  the 
Commonwealth,  it  will  be  my  pleasure  to  cooperate. 

MARCUS  MORTON. 

Council  Chamber,  January  20.  1843. 
17 


MESSAGES. 


To  the  {:^enate : 

In  compliance  with  the  request  of  the  Senate,  I  transmit  a 
report  of  the  Adjutant  General,  containing  all  the  information 
in  the  possession  of  the  Executive,  touching  the  inquiries  con- 
tained in  the  order  of  the  Senate  of  the  24th  instant. 

MARCUS  MORTON. 

Council  Chamber,  Jan.  26,  1843. 


To  the  Senate : 

I  herewith  transmit  to  the  Honorable  Senate,  for  the  infor- 
mation of  the  two  Houses,  the  following  documents  received 
from  my  predecessor  : 

1 — A  commutiication  of  the  Attorney  General  relative  to  a 
writ  of  error  now  pending  before  the  supreme  court  of  the  Uni- 
ted States,  involving  the  constitutionality  of  the  license  law  of 
this  Commonwealth. 

2 — The  annual  report  of  the  Adjutant  General,  in  relation  to 
the  militia. 

3 — The  report  of  Joseph  B.  Felt,  relative  to  the  preservation 
of  the  ancient  documents  and  papers  of  the  Commonwealth. 

4 — The  annual  report  of  the  agent  of  Charles  River  and 
Warren  Bridges. 

5 — The  annual  reports  of  the  inspectors,  warden  and  chap- 
lain of  the  State  Prison. 

6 — The  annual  report  of  the  trustees  and  officers  of  the 
State  Lunatic  Hospital. 

7 — The  annual  report  of  the  Bank  Commissioners. 

8 — Resolutions  of  the  Legislature  of  New  Hampshire,  rec- 
ommending a  reduction  of  postage,  and  the  suppression  of  bank 
notes  of  a  less  denomination  than  five  dollars. 

9 — Resolutions  of  the  Legislature  of  Tennessee,  recommend- 
ing the  admission  of  Texas  into  the  United  States. 

10 — Resolutions  of  the  Legislature  of  Illinois,  recommending 
the  reimbursement  of  a  fine  paid  by  General  Andrew  Jackson. 

11 — Resolutions  of  the  Legislature  of  Vermont,  relating  to  the 
franking  privilege,  and  a  reduction  of  postage. 

12 — Resolutions  of  the  Legislature  of  New  Jersey,  relative 
to  a  revision  of  the  Tariff. 

13 — Resolutions  of  the  Legislature  of  Kentucky,  recommend- 
ing certain  Amendments  to  the  Constitution  of  the  United 
States. 

14 — Resolutions  of  the  Legislature  of  Maryland,  denying  the 
power  of  Congress  to  abolish  slavery  in  the  District  of  Co- 
lumbia. 


MESSAGES.  131 

15 — Resolutions  of  the  Legislature  of  Connecticut,  recom- 
mending the  repeal  of  the  Bankrupt  Law  ;  the  abolition  of  the 
Military  Academy  at  West  Point;  a  repeal  of  the  act  distributing 
the  proceeds  of  the  public  lands,  and  a  modification  of  the 
tariff. 

16 — Resolutions  of  the  Legislature  of  New  York,  recom- 
mending a  reduction  of  letter  postage  and  of  the  franking 
privilege, 

17 — Resolutions  of  the  Legislature  of  Maine,  recommending 
a  repeal  of  the  act  distributing  the  proceeds  of  the  public 
lauds. 

18 — Resolutions  of  the  Legislature  of  Mississippi,  recom- 
mending the  admission  of  Texas  into  the  Union. 

19 — Resolutions  of  the  Legislature  of  Missouri,  relative  to 
the  establishment  of  Marine  Hospitals  on  the  western  waters. 

20 — The  annual  report  of  the  Board  of  Education,  with  the 
reports  of  their  Secretary  and  Treasurer. 

MARCUS  MORTON. 

Council  Chamber,  January  26,  1843. 


To  the  House  of  Representatives  : 

In  compliance  with  the  request  of  the  House  of  Representa- 
tives, I  transmit  to  them  a  copy  of  all  the  correspondence  be- 
tween '*  the  Governor  or  authorities  of  the  State  of  Virginia," 
and  "the  Executive  Department"  of  this  Commonwealth, 
"  touching  the  case  of  George  Latimer."  As  there  is  no  pend- 
ing application  or  demand  from  that  State  for  the  arrest  of 
said  Latimer,  or  any  other  citizen  or  inhabitant  of  this  State,  I 
perceive  no  reason  for  withholding  the  correspondence  or  any 
part  of  it. 

MARCUS  MORTON. 

Council  Chamber,  Feb.  3,  1843. 


To  the  House  of  Representatives  : 

I  herewith  transmit  to  the  Honorable  House,  for  the  informa- 
tion of  both  Houses  : 

1 — Resolutions  of  the  Legislature  of  Georgia,  relative  to  free 
negroes,  and  to  the  assumption  of  State  debts,  and  the  doctrine 
of  repudiation. 

2 — Resolutions  of  the  Legislatures  of  Maine  and  Rhode  Is- 
land, recommending  the  remission  of  the  fine  imposed  on  Gen. 
A.  Jackson. 

MARCUS  MORTON. 

Council  Chamber,  Feb.  4,  1843. 


IS2  MESSAGES. 

To  the  House  of  Representatives : 

In  compliance  with  the  request  of  the  Honorable  House,  I 
herewith  transmit  to  them  copies  of  all  the  "  papers  now  on 
file  in  the  executive  department,"  "  written  since  the  year  1834, 
touching  the  recovery  of  citizens  of  Massachusetts,  unlawfully 
imprisoned  in  any  of  the  southern  States." 

Copies  of  the  "  Resolves  relating  to  the  Imprisonment  of 
Citizens  of  this  Commonwealth  in  other  States,"  approved 
March  3d,  1842,  were  duly  transmitted  "to  the  governors  of 
the  several  States,  to  be  communicated  to  the  legislatures  there- 
of" But  I  do  not  find  on  the  files  or  records  of  this  depart- 
ment, any  evidence  that  any  other  measures  have  been  taken 
by  the  executive,  under  the  power  conferred  by  said  resolves. 

MARCUS  MORTON. 

Council  Chamber^  Feb.  11,  1843. 


To  the  House  of  Represeiitatives  : 

In  compliance  with  the  request  of  the  Honorable  House,  I 
herewith  transmit  "An  Account  of  the  Sales  of  Massachu- 
setts Scrip,  made  for  the  Commonwealth  during  the  last  six 
years." 

The  scrip  which  was  created,  but  which  has  not  been  sold, 
consisted  of  eighty-three  certificates  of  $;5, 000  each,  and  amount- 
ed to  $415,000;  but  one  certificate  of  .$5,000  having,  as  the 
late  Treasurer  informs  me,  been  destroyed  by  his  predecessor, 
the  whole  amount  now  on  hand  is  $410,000. 

MARCUS  MORTON. 

Council  Chamber.  February  14,  1843. 


To  the  Senate  and  House  of  Representatives  : 

The  recent  decease  of  the  judge  of  the  municipal  court  of  the 
city  of  Boston,  presents  a  favorable  opportunity  for  a  revision 
of  the  law  establishing  that  court.  Strong  objections  exist,  in 
the  minds  of  many,  to  a  court  of  exclusive  criminal  jurisdic- 
tion. A  long  course  of  administration  in  such  a  court  is  sup- 
posed to  have  an  influence  upon  the  mind  of  a  judge,  unfavor- 
able to  a  fair,  impartial  and  humane  execution  of  the  laws.  A 
court  composed  of  several  judges,  having  for  their  principal 
emplo5^ment  the  trial  of  civil  causes,  and  so  constituted  as  to 
admit  of  an  alternation  of  its  members  in  holding  criminal  tri- 
als, would,  in  my  opinion,  give  greater  security  to  innocence, 
and  ensure  a  more  uniform  administration  of  penal  justice.  I 
therefore  recommend  the  abolition  of  the  municipal  court,  and 
the  transfer  of  its  powers  and  duties  to  the  court  of  common 
pleas. 

The  labors  of  that  court  are  already  so  great   that  a   recom- 


MESSAGES.  133 

mendation  of  an  increase  of  them  necessarily  implies  a   rec- 
ommendation of  the  increase  of  the  number  of  judges. 

There  is  no  branch  of  the  administration  of  justice  more  im- 
portant than  the  execution  of  our  penal  laws.  It  should  be  as 
unitbrm  and  certain  as  human  infirmity  will  permit.  Much 
depends  upon  the  institution  of  criminal  suits.  The  prosecut- 
ing officers  have,  necessarily,  a  wide  and  important  discretion  ; 
and  the  safety  of  the  citizen,  and  the  quiet  of  the  community, 
rest  in  a  degree  upon  the  proper  exercise  of  this  discretion,  as 
does  the  due  execution  of  the  laws  upon  the  capacity  and  en- 
ergy of  the  officer.  The  vesting  of  the  powers  in  local  officers, 
tends  to  produce  a  diversity  of  practice  in  the  diffi^rent  districts 
of  the  Commonwealth.  The  administration  of  penal  laws 
should  not  only  be  discreet,  just  and  humane,  but  uniform  in 
all  parts  of  the  State.  All  these  objects  might,  in  my  opinion, 
be  promoted  by  the  creation  of  officers  who  should,  by  inter- 
changes, attend  all  the  courts  of  criminal  jurisdiction.  There 
are  now  six  officers,  the  duties  of  whom,  with  the  exception  of 
the  attorney  general,  confine  them  mostly  within  the  districts 
in  which  they  reside.  Again,  the  duties  of  these  officers,  from 
the  compensation  which  they  receive,  and  the  labors  which 
they  pertbrm,  can  hold  but  a  secondary  place  in  their  care  and 
attention.  I  am,  therefore,  of  opinion  that  the  duties  of  these 
six  officers  might  be  performed  by  three,  and  that,  inasmuch  as 
the  time  and  attention  of  the  three  must  be  given  exclusively 
to  their  official  charge,  and  would  not  be  likely  to  be  diverted 
by  private  pursuits,  or  other  professional  emolument,  they  would 
be  l3etter  performed  than  they  can  be  under  the  present  system. 
Moreover,  it  is  obvious  that,  although  the  salaries  of  each  of 
the  three  officers  must  be  higher  than  the  salaries  established 
by  law  for  the  present  officers,  yet,  in  the  aggregate,  a  saving 
of  several  thousand  dollars  might  be  made.  I  therefore  recom- 
m.end  the  substitution  of  one  attorney  general,  and  two  solici- 
tors general,  for  the  present  attorney  general  and  the  other  five 
prosecuting  officers. 

Having  now  frankly  expressed  my  opinion,  according  to  my 
views  of  my  duty,  I  cheerfully  submit  to  the  wisdom  of  the 
Legislature,  to  determine  whetlier  they  prefer  the  scheme  I  have 
proposed  to  the  system  as  now  organized. 

I  avail  myself  of  the  present  occasion,  to  bring  to  the  notice 
of  the  Legislature  another  and  different  subject. — The  property 
placed  by  law  in  the  custody  of  the  adjutant  general  is  of  very 
great  value.  Perhaps  the  amount  is  ver3^  little,  if  any,  less 
than  that  in  the  hands  of  the  treasurer  of  the  Commonwealth. 
The  State  has  no  security  but  the  personal  responsibility  of  the 
officer.  Recent  experience  has  shown  that  the  public  property 
does  not,  always,  remain  where  the  law  has  placed  it.  The 
adjutant  general,  from  mistaken  notions  of  duty,  or  in  defiance 
of  law  and  duty,  might  remove  the  property  from  the  public 
arsenals  :  and,  should  it  be  injured,  or  destroyed,  or  converted 


134  MESSAGES. 

to  private  use,  the  Commonwealth  can  only  seek  redress  from 
the  individual  holding  the  office.  I  cannot  perceive  why  the 
treasurer  has  not  as  much  power  to  loan,  or  otherwise  abstract 
the  money  in  the  treasury,  as  the  adjutant  general  has  the  arms, 
or  other  property,  in  his  custody.  Both  would  be  equally  in 
violation  of  law ;  and  if  there  be  a  difference,  the  breach  of 
trust  would  seem  to  be  greater  in  the  latter  than  the  former, 
inasmuch  as  the  treasurer  gives  bonds  to  the  Commonwealth, 
while  the  adjutant  general  gives  no  security.  A  court-martial 
would  furnish  but  a  dilatory  and  imperfect  remedy.  The 
power  of  removal  by  address  of  the  two  branches  of  the  Legis- 
lature, would  avail  nothing  as  a  preventive.  There  ought  to 
be  lodged,  in  some  department,  the  power  to  act  more  promptly, 
should  necessity  require.  I  am,  therefore,  of  opinion,  that,  to 
prevent  a  violation  of  duty  on  the  part  of  this  officer,  and  to 
secure  the  public  property  in  his  hands,  the  Commander-in- 
chief  ought  not  only  to  have  authority  to  remove  him,  but  the 
officer  himself  ought  to  be  required  to  give  bonds  to  the  Com- 
monwealth. 

MARCUS  MORTON. 
Council  Chamber,  Feb.  23,  1843. 

To  the  Senate  and  House  of  Representatives  : 

The  two  Houses  are  respectfully  informed,  that  Major  Gen- 
eral Gardiner  Dickenson,  of  the  third  division  of  the  militia, 
has  tendered  his  resignation,  and  been  honorably  discharged  ; 
and  that  the  office  of  Major  General  of  that  Division  is  now 
vacant. 

MARCUS  MORTON. 
Council  Chamber,  Feb.  23.  1843. 


To  the  Senate  : 

In  compliance  with  the  request  of  the  honorable  Senate,  I 
herewith  transmit  a  report  of  "  the  commissioners  appointed  to 
reduce  the  law  on  crimes  and  punishments  to  a  systematic 
code,"  made  in  answer  to  my  request  to  them,  to  inform  me  of 
the  progress  and  state  of  the  work,  and  of  "  the  whole  expense 
to  the  present  time,  and  the  probable  expense  of  completing  the 
work."  This  report  contains  all  the  information  in  my  posses- 
sion tending  to  show  how  far  the  conunissioners  "have  pro- 
ceeded in  their  duty."  The  resolve  of  the  liCgislature  creating 
this  board,  remaining  in  force,  I  am  not  aware  that  any  fur- 
ther "  legislative  action  is  required  by  the  public  interest  in  re- 
gard lo  said  commission,"  or  "  in  relation  to  the  matters  com- 
mitted to  said  commissioners,"  unless  the  Legislature  shall  deem 
it  expedient  to  reduce  the  number  of  the  commissioners. 

MARCUS  MORTON. 

Council  Chamber,  March  3.  1843. 


LIST 

OF    THE 

CIVIL  GOVERNMENT 

OF    THE 

AND    OFFICERS    IMMEDIATELY    CONNECTED    THEREWITH, 
FOR  THE  POLITICAL  YEAR,  1S43. 

HIS  EXCELLENCY 

MARCUS  MORTON, 

GOVERNOR. 

HIS  HONOR 

HENRY  H.  CHILDS, 

LIEUTENANT-GOVERNOR. 

COUNCIL. 

JEDEDIAH  MARCY, 
CHARLES  HOWARD, 
SAMUEL  GATES, 
HENRY  CROCKER, 
JOSHUA  COLBY, 
CHARLES  THOMPSON, 
BENJAMIN  F.  HALLETT, 
BENJAMIN  V.  FRENCH, 
RODNEY  FRENCH. 

JOHN    A.    BOLLES, 

Secretary  of  the  Commonwealth. 
William  Tufts,  Ist  Clerk.  Charles  W.  Lovott,  2d  Clerk 

JOHN    MILLS, 

Treasurer  and  Receiver  General  of  the  Commonwealth. 
Joseph  Fostpr,  1st  Clerk.  David  \A'ilder,  Jr.  2d  Clerk. 


s^ 


EN  ATE. 


FllEDEHICK    ROBINSON, 

PRESIDENT. 


SUFFOLK  DISTRICT. 

Francis  C.  Gray,  Nathaniel  Hammond, 

Josiah  Quincy,  Jr.,  Samuel  A.  Eliot. 

Jeffrey  Richardson, 

ESSEX  DISTRICT. 

George  Savary,  Asa  Pingree, 

Benjamin  F.  Browne.  Stephen  Ilsley. 

George  Hood, 

MIDDLESEX  DISTRICT. 

James  Fnller,  Thomas  J.  Greenwood, 

Frederick  Robinson,  Jonathan  Hartwell, 

Josiah  G.  Abbott,  Francis  R.  Gourgas. 

WORCESTER  DISTRICT. 

Benjamin  Estabrook,  John  Spurr, 

Solomon  Strong,  Arial  Bragg. 

Isaac  Davis, 

HAMPSHIRE  DISTRICT. 

Edward  Dickinson,  Samuel  Williston. 

FRANKLIN  DISTRICT. 

Joseph  Griswold,  Samuel  Giles. 

HAMPDEN  DISTRICT. 

Asa  Lincoln.  Reuben  Champion. 


SENATE.  137 


BERKSHIRE  DISTRICT. 

Thomas  F,  Plunkett,  Ira  Curtis. 

NORFOLK  DISTRICT. 

Appleton  Howe,  Isaac  H.  Wright. 

Artemas  Brown, 

PLYMOUTH  DISTRICT. 

Jesse  Perkins,  Eliab  Ward. 

BRISTOL  DISTRICT. 

Sampson  Perkins,  Phineas  W.  Leland. 

Johnson  Gardner, 

BARNSTABLE  DISTRICT. 

Solomon  Davis,  John  B.  Dillingham. 

NANTUCKET  AND  DUKES  CO.  DISTRICT. 

George  B.  Upton. 


LEWIS  JOSSELYN,  Clerk. 

W.  P.  GREGG,  Assistant  Clerk. 

Rev.  WILLIAM  M.  ROGERS,  Chaplain. 

MILTON  HALL,  Doorkeeper. 

EDWIN  HILLS,  Assistant  Messenger. 

TILSON  FULLER,  Page. 


18 


HOUSE  OP  REPRESENTATIVES 


DANIEL    P.   KING, 

SPEAKER. 

COUNTY  OF  SUFFOLK. 

Bosioti,  Charles  F.  Adams, 

George  T.  Bigelow, 
James  Blake, 
Luther  Blodget, 
Edward  Brooks, 
William  Dillaway, 
Edmand  Dwighl, 
William  B.  Fowle, 
Daniel  L.  Gibbens, 
John  C.  Gray, 
Samuel  Greele, 
Henry  B.  C.  Greene, 
Samuel  F.  Holbrook, 
Samuel  G.  Howe, 
Willis  Howes, 
Benson  Leavitt, 
Ezra  Lincoln, 
Abraham  T.  Lowe, 
James  McAllaster, 
James  Means, 
Hugh  Montgomery, 
John  G,  Palfrey, 
Ezra  Palmer, 
Julius  A.  Palmer, 
John  C.  Park, 
^  William  W.  Parrott, 

Samuel  Pettes, 
Jonathan  Preston, 
J.  Thomas  Stevenson, 


HOUSE  OF  REPRESENTATIVES. 


139 


Boston, 


Chelsea, 


Jonathan  Thaxter, 
Thomas  Tolman, 
Samuel  Wales,  Jr. 
Alfred  A.  Wellington. 
Joel  Wheeler, 
James  S.  Wiggin, 
Hosea  Ilsley. 


Amesbiiry, 

Andove?', 

Beverly, 

Bcvford, 

Bradfo?-d, 

Danvers, 

JSsseXj 

Georgetoion, 

Gloucester, 


Hamilto7i, 
Haverhill, 
Ipswich, 
Lyn?i, 


Lynnfield, 

Manchester, 

Marblehead, 

Methuen, 
Middleton, 
Neicbury, 
Newhuryport, 


Roekport, 


COUNTY  OF  ESSEX. 

Philip  Osgood, 
Amos  Abbott, 

Benjamin  Peabody, 

Daniel  P.  King, 
Samuel  Preston, 
John  Prince, 
Ira  Stickney, 
Simeon  Burnham, 
Elbridge  Day, 
Henry  Saunders, 


Samuel  Brimblecom, 
Cyrus  Houghton, 
Caleb  M.  Long, 
James  M.  Buckman, 
Joshua  Hewes, 
Ebenezer  Tappan,  Jr., 
Benjamin  Lindsey, 
Elias  H.  Ramsdell, 


John  M.  Cooper, 
Edward  Toppan,  Jr. 
Nathaniel  Foster, 
Thomas  O.  Marshall, 


140 


HOUSE  OF  REPRESENTATIVES. 


Rowley^ 
Salem. 


Salisbury, 
Saugus, 
Topsjield, 
Wen  ham, 
West  Newbury, 


Luther  Moody, 
John  Chapman, 
George  Wheatland. 
Nath'l  B.  Mansfield, 
Charles  A.  Andrew, 
Israel  Ward,  Jr. 
Benj.  P.  Chamberlain. 
Aaron  Morrill, 
Benjamin  F.  Newhall, 
Cyrus  Cummings, 
Joseph  Cook. 


Acton, 

Ashby, 

Bedford, 

Billerica, 

Boxborough, 

B?Hghton, 

Biirlington, 

Cambridge. 


Carlisle, 
Charlestown, 


Chelmjsford, 

Concord, 

Dracut, 

Dunstable, 

Framingham,, 

Groton, 

HolUston, 

Hopkinton, 

Lexington, 

Lincoln, 


COUNTY  OF  MIDDLESEX. 

Phineas  Harrington, 
Asa  Walker,  Jr. 
John  P.  Read, 
John  Eames, 
Jasper  Stone, 
Henry  H.  Larnard, 
Abner  Shed, 
Sidney  Willard, 
James  D.  Greene, 
Sylvanus  Plympton, 
Thomas  Green, 
Joshua  Baldwin, 
William  Sawyer, 
John  Sanborn, 
Seth  J.  Thomas, 
Paul  Kiitredge, 
Anthony  Wright, 
Fisher  A.  Hildreth. 
Henry  Parkhurst, 
Adam  Hemenway. 
George  S.  Boutwell, 
Alden  Leland, 
Marshall  Whitney, 
Benjamin  Muzzey, 


HOUSE  OF  REPRESENTATIVES. 


141 


Littleton^ 
Loivell. 


Maiden, 

Marlborough, 

Medford, 

Natick, 

Newton, 

Pepper  ell, 

Reading, 

Sherburne, 

Shirley, 

Somerville, 

S.  Reading, 

Stoneham, 

Stow, 

Sudbury, 

Teioksbury, 

Townsend, 

Tyngsborough, 

JValtham, 

Watertown, 

"Wayland, 

W.  Cambridge, 

Westford, 

Weston, 

Wilmington, 

Woburn, 


James  T.  Hardy, 
Abraham  Howe, 
Roswell  Douglas, 
Daniel  S.  Richardson. 
Henry  Smith, 
James  Tower, 
Jonathan  Tyler, 
Samuel  Lawrence, 
Benjamin  G.  Hill, 
Abel  Rice, 
Alexander  GJregg, 
John  Travis, 

John  P.  Tarbell, 


Augustus  G.  Parker, 
Caleb  W.  Leland, 
Jacob  Tufts, 
Samuel  J.  Bryant, 
Winthrop  Robinson, 
James  Moore, 
Caleb  Livingston, 
Henry  Sceva, 

John  M.  Peck, 
Jesse  Wheeler, 
William  C.  Grout, 
James  Russell, 
William  Chandler, 
Samuel  H.  F.  Bingham, 
James  Govving, 
Nathaniel  A.  Richardson. 


COUNTY  OF  WORCESTER. 

Ashburnham,  Charles  Barrett, 

Athol,  Theodore  Jones, 

Attburn,  Hervey  Bancroft, 


142 


HOUSE  OF  REPRESENTATIVES. 


Barre^ 

Berlin, 

Bolton^ 

Boylston, 

Brookjield. 

Charlton, 

Dana, 

Douglas, 

Dudley, 

Fitchburg, 

Gardner, 

Grafton, 

Hardioick, 

Harvard, 

Holden, 

Huhbardston, 

Lancaster, 

Leicester, 

Leominster, 

Lunenburg, 

Mendon, 

Milford, 

Millbury, 

New  Braintree, 

Northborough, 

Northbridge, 

N.  Brookjield, 

Oakham, 

Oxford, 

Paxton, 

Petersham, 

PhilUpston, 

Princeton, 

Royals  ton, 

Rutland, 

Shrewsbury, 

ISouthborough, 

Southbridge, 

Spencer, 

Sterling, 


James  Holland, 

Noah  Warner. 
John  T.  Cotton. 
Francis  Howe. 
WiUiam  B.  Boomer. 

Moses  Balcom, 

Alvah  Crocker, 
Joseph  Wright, 
Otis  Converse, 
Stephen  W.  Paige, 
Ellis  Harlow, 
William  Flagg, 
Silvanus  Dunton, 
John  M.  Washburn, 
John  Sargent, 
Leonard  Biirrage, 
Sewall  Boutwell, 
Thomas  Taft, 
Elmer  Cobb, 
Thomas  H.  Wetherbee, 
HoUis  Tidd, 
Cyrus  Gale, 
Moses  Dyer, 

Horace  P.Wakefield, 
Israel  Sibley, 
Gains  Conant, 
Seth  Hapgood, 
Jason  Goulding, 
Ebenezer  Parker, 
Hiram  W.  Albee, 


Dexter  Fay, 
Luther  Travis, 
Jabez  Green, 
Manasseh  Houghton, 


HOUSE  OF  REPRESENTATIVES. 


143 


Sturhridge, 

Sutton^ 

Templeton, 

Upton, 

Uxbiddge^ 

Warren^ 

Webster, 

Westborough, 

West  Boylston, 

Westminster, 

Wlnchendon, 

Worcester, 


Amherst, 

Belchertoimi, 

Chestei'Jield, 

Cummington, 

Easthampton, 

Enfield, 

Goshen, 

Granby, 

Greenwich, 

Hadley, 

Hatfield, 

Middlefield, 

Northampton, 

Norioich, 

Pelham, 

Plainfield, 

Prescott, 

South  Hadley, 

Southampton, 

Ware, 

Westhampton, 

William,sburg, 

Worthington, 


Benjamin  D.  Hyde, 
Zelek  Darling,  Jr. 
Charles  T.  Fisher, 
William  Legg, 
Chandler  Taft, 
Daniel  A.  Hathaway, 
Joseph  Ireson, 
Nathaniel  E.  Fisher, 
Samuel  Brown, 
Edward  Bacon, 
Henry  Greenwood, 
Thomas  Kinnicutt, 
Nathaniel  Brooks, 
Fitzroy  Willard. 

COUNTY  OF  HAMPSHIRE. 

Ezra  Ingram, 


Royal  L.  Packard, 
E.  W.  Hannurn, 
Ephraim  Richards, 
Benjamin  White, 
Eli  Moody, 
Ira  Haskell, 
Samuel  Nash, 
Joseph  Smith, 
Alexander  Ingham, 
Benjamin  Barrett, 
Milo  J.  Smith, 

James  Thursten, 

Barry  W.  Aldrich, 
Simeon  Nash, 

Horace  Goodrich, 


Ames  Burr. 


144 


HOUSE  OF  REPRESENTATIVES. 


Blandfoi'd, 

Brimjield, 

Chester, 

Granville^ 

Holland^ 

Longmeadow, 

Lvdlow, 

Monson, 

Montgomei'y , 

Palmer, 

Russell, 

Southwick, 

Springfield, 

Tolland, 

Wales, 

Westjield, 

W.  Springfield, 

Wilhraham, 


Ashfield, 

Ber7iardsion, 

Buckland, 

Charlemont, 

Coleraine, 

Conway, 

Deerjield, 

Erving, 

Gill, 

Greenfield, 

Hawley, 

Heath, 

Leverett, 

Ley  den, 

Monroe, 

Montague, 


COUNTY  OF  HAMPDEN. 

Edwin  Ely, 
Augustus  Wheeler, 
Nored  Elder, 
William  C.  Dunham, 

Ethan  Taylor, 
Dennis  Knowltou, 
William  Puffer, 
Charles  C.  Bell, 
Abel  Calkins, 
Daniel  Frye, 
Elisha  Booth, 

Aurelius  Fowler, 
James  Foskit, 
Norman  T.  Leonard, 
Dennis  Hedge, 
Aaron  Bagg, 
Lucien  M.  Ufford, 
John  Carpenter. 

COUNTY  OF  FRANKLIN. 


Henry  W.  Cushman, 
Ira  Arms, 
Stephen  Bates, 
Amos  Stewart, 


Calvin  Priest,  Jr. 
Dorus  Bascomb, 
Lucius  Nims, 
George  Lathrop, 
Ephraim  Hastings, 
Ransom  Adams, 

Thomas  Hines, 
Martin  H.  Ciapp, 


HOUSE  OF  REPRESENTATIVES, 


145 


Netv  Sale7?i,  Abner  Smith, 

Northfield,  '    Samuel  C.  Allen, 

Ora?ige,  Salmon  Howard, 

Rowe,  Samuel  H.  Reed, 

Shelbnrne,  Jacob  P.  Kellogg, 

Shutesbury,  Alvah  Haskins, 

Su7iderland,  Horace  W.  Taft, 

Warwick,  William  E.  Russell, 

Wendell,  Moses  Stone, 

Whately,  Thomas  Nash,  Jr. 

COUNTY  OF  BERKSHIRE. 


Adams, 


William  Jenks, 
Edmund  Badger, 


A  Iford, 

Ezra  C.  Tickner, 

Becket, 

Isaac  S.  Wadsworth, 

Cheshire, 

Warner  Farnum, 

Clarksburg, 

Dalton, 

Grove  W.  Branch, 

Egremont, 

Philo  Joyner, 

Florida, 

Israel  Whitcomb, 

Great  Barrington, 

Edward  P.  Woodworth, 

Hancock, 

Hinsdale, 

Daniel  Eames, 

Lanesborough, 

John  Young. 

Lee, 

Isaac  Ball, 

Lenox, 

Mount  Washington, 

New  Ashford, 

New  Marlborough, 

James  Hyde, 

Otis, 

Lyman  J.  Strickland, 

Peru, 

IHttsjield, 

Ensign  H.  Kellogg, 

Griffin  Chamberlin, 

Richmond, 

Eli  Richmond, 

Sandisjield, 

Henry  Abbey, 

Savoy, 

John  B.  Cud  worth, 

Sheffield, 

Hem  an  Mclntyre, 

Slockbridge, 

Marshall  Warner, 

Tyringham, 

John  W.  Sweet, 

19 


146 


HOUSE  OV  KRPRESENTATIVES. 


Washins'tou , 
West  Stockbridge, 
WilUamstoion, 
Wi?7dsof\ 


Elisha  A.  Wells, 
Sylvester  Spencer, 
William  Torrey, 
Clark  Prince. 


Bellingham, 

Brainti-ee, 

Brookline, 

Canton, 

Cohasset, 

Ded/ia?n, 

Dorchester, 

Dover, 

Foxhorough, 

Franklin, 

Medjield, 

Medway, 

Milton, 

Needham. 

Quincy, 

Randolph, 

Roxbury, 


Sharon, 
Stoiighton, 
Walpole, 
Weymouth, 

Wrenthani, 


Atllehorovgli, 
Berkley. 


(XIUNTY  OF  NORFOLK. 

Jeremiah  Crooks, 
Alva  Morrison, 
Thomas  Kendall, 
John  Endicott, 
Martin  Lincoln, 
Merrill  D.  Ellis, 
Nathaniel  Ford, 
Samuel  P.  Loud, 

Francis  Dane, 
Saul  B.  Scott, 
Johnson  Mason, 
Joel  Hunt. 
Charles  Breck, 
George  Smith, 
John  Gregory, 
Erastus  Wales, 
Sam'l  H.  Walley,  Jr 
Joseph  W.  Tucker, 
Samuel  Jackson, 
Erastus  Richards, 
Enos  Talbot, 
Oliver  W.  Allen, 
Lemuel  Torrey, 
Charles  Pratt, 
Samuel  Warner,  Jr. 

COlfNI^y  OF  BRISTOL. 

Daniel  Wilmarth. 
Calvin  Richards, 
Nath'l  Townsend, 


HOUSE  OF  REPRESENTATIVES. 


147 


Dartmouth. 

Dighton. 
Eastoti, 
Pairhaveii . 

Fall  River ^ 


Freetoivn, 
Mansfield^ 
New  Bedford^ 


Norton^ 

Pawtucket, 

Raynham, 

Rehoboth^ 

Seekonk, 

Somerset, 

Swajizey, 

Taunton. 


Westport, 


Wanton  Howland, 
Thomas  K.  Wilbur, 
Joseph  Pitts, 
Lewis  WiUiams, 
Jones  Robinson, 
Elbridge  G.  Morton, 
Jonathan  Slade, 
WiUiam  A.  Waite, 
William  V.  Read, 
Joseph  B.  Weaver, 
Elijah  Hodges, 
H.  G.  O.  Colby, 
Ephraim  Kempton, 
Benjamin  S.  Rotch, 
Calvin  Staples, 
Henry  Taber, 
John  Crane, 
Wellington  Kent, 
Abisha  Lincoln, 
Childs  Luther, 
Seth  Whitmarsh, 
Daniel  Wilbour,  Jr. 
Stephen  Buffington, 
Allen  Presbury, 
Stephen  L.  White, 
William  Haskins, 
Gamaliel  Church. 


COUNTY  OF  PLYMOUTH. 


Abingtott, 

Bridgewater. 

Carver, 

Duxbury, 

E.  Bridgewater, 

Halifax, 

Hanover, 

Hanson, 

Hingham, 


Ebenezer  Gay, 
John  Savery, 


Eph.  B.  Thompson, 
Owen  Josselyn, 
Barak  Osborn, 
James  S.  Lewis, 


148 


HOUSE  OF  REPRESENTATIVES. 


Hull, 
Kingston, 

Marshjield, 
Middlehorough , 

N.  Bridgewatei^, 

Pembroke, 

Plymouth, 

Plympto7i, 
Rochester, 

Scituate, 

Wareham, 

W.  Bridgewater, 


Moses  B.  Tower, 
Uriah  Bartlett, 
Edward  P.  Little, 
Morrill  Robinson, 
William  ShurtlefF,  2d, 
Benjamin  Kingman, 
Charles  Hitchcock, 
Thomas  B.  Sherman, 
Benjamin  Bagnall, 
Lewis  Bradford, 
Silas  B.  Allen, 
Loring  Meigs, 
Ebenezer  T.  Fogg, 
Thomas  Vinal, 
Stephen  C.  Burgess, 
John  Richards. 


Barnstable, 

Brewster, 

Chatham, 

Dennis, 

Easiham,, 

Falmouth, 

Harwich, 

Orleans, 

Provincetowti, 

Sandwich, 

Truro, 

Wellfleet, 

Yarmouth. 


Chilmark, 

Edgartown, 

Tisbury, 


COUNTY  OF  BARNSTABLE. 

Josiah  Hinckley, 
Job  Handy, 
Solomon  Freeman, 
Ephraim  Taylor, 
Alexander  Howes, 
Benj.  H.  A.  Collins, 
Ebenezer  Nye, 
Loring  Moody, 
Seth  Higgins, 
Stephen  A.  Paine. 

John  Kenney,  Jr. 
Isaac  Paine, 
Joseph  Hale. 

DUKES   COUNTY. 

Herman  Vincent, 

Alfred  «Norton. 


HOUSE  OF  REPRESENTATIVES.  149 


COUNTY  OF  NANTUCKET. 


Nantucket,  David  Baker, 

Obed  Barney, 
Hiram  B.  Dennis, 
George  G.  Folger. 


LUTHER  S.  GUSHING,   Clerk. 

Rev.  Edward  N^  Kirk,  )  q^     i^^^,^ 

"     Frederic  D.  Huntington,  \         ■' 


Benjamin  Stevens,  Sergeant-at-Ai'ins  to  the  General  Court. 


William  Manning,  Messenger  to  Governor  and  Council. 


Edmund  S.  Brigham,  Watchman  to  State  House. 

Elijah  W.  Cutting,    ) 

David  Murphy,  >  Doorkeepers  to  House  of  Represent^ s. 

Alexis  Pool,  ) 

Timothy  Hayes,  Page  to  House  of  Representatives. 


^ommontocaltJ)  of  ^auuatijnntttu* 


SECRETARY'S  OFFICE,  April  18,  1843. 

I  HEREBY  CERTIFY,  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  A.  BOLLES, 

Secretary  of  the  Commonwealth. 


ACTS 


SOLVES 


PASSED   BY   THE 


%ti^i^Utntt  of  JHIa^^aclju^ett^, 


IN    THE   TEAR 


18  4  4: 


TOGETHER  WITH  THE  ROLLS  AND  MESSAGES 


PUBLISHED  BY  THE  SECRETARY  OF  THE  COMMONWEALTH. 


Toulon: 

DUTTON  AND  WENTWORTH,  PRINTERS  TO  THE  STATE. 
1844. 


Hy  The  Legislature  of  1844  assembled  in  the  State  House,  in  Boston,  on  Wednesday, 
the  third  day  of  January,  and  was  prorogued  on  Saturday,  the  sixteenth  day  of  March. 

The  oaths  of  office  were  administered  to  His  Excellency,  George  N.  Briggs,  on  the  ninth 
day  of  January. 


GENERAL  AND  SPECIAL 


1844. 


An  Act  to  change  the  name  of  A.  Macon  Boiling.  ChcLt)    1 

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

Sect.  1.  A.  Macon  Boiling,  of  the  city  of  Boston,  in  the 
County  of  Suffolk,  may  take  the  name  of  Macon  Boiling 
Allen,  and  shall  be  hereafter  known  and  called  by  that 
name,  as  his  only  proper  and  legal  name,  to  all  intents  and 
purposes. 

Sect.  2.     This  act  shall  take  effect  from  and  after  its  when  to  take 
passage.     [Approved  by  the  Governor,  Jan.  20,  1844.] 


effect. 


An  Act  to  incorporate  the  Nelson  MUls.  Chctf).  2« 

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

Sect.  1.  Joseph  White,  John  A.  Smith  and  Nelson  D.  Persons  incor- 
White,  and  their  associates  and  successors,  are  hereby  made  P"™*®^* 
a  corporation  by  the  name  of  the  Nelson  Mills,  for  the  pur- 
pose of  manufacturing  cotton  goods  in  the  town  of  Win- 
chendon  and  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  thir- 
ty-eighth and  forty-fourth  chapters  of  the  Revised  Statutes. 

Sect.  2.  The  said  corporation  may  hold,  for  the  pur-  Estate, 
poses  aforesaid,  real  estate  to  the  amount  of  fifty  thousand 
dollars  and  personal  estate  for  a  like  amount,  l^he  whole 
capital  stock  of  said  corporation  shall  not  exceed  one  hun- 
dred thousand  dollars.  [Approved  by  the  Governor^  Feb. 
2,  1844.] 

20 


152 


1844.- 


■Chap.  3—5. 


Chap.  S. 


Persons 
poraled. 


Estate. 


Chap.  4. 


May  take    fire 
risks. 


Chap.  5. 


Extended 
twenty  years. 


An  Act  to  incorporate  the  Wheaton  Manufacturing  Company. 

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

Sect.  1.  Albert  Barrows,  Samuel  B.  King,  Labaii  A. 
Wheaton,  their  associates  and  successors,  are  hereby  made 
a  corporation,  by  the  name  of  the  Wheaton  Manufacturing 
Company,  for  the  purpose  of  manufacturing  cotton  and 
woollen  goods,  in  the  town  of  Norton  in  the  County  of  Bris- 
tol, and  for  this  purpose  shall  have  all  the  powers  and  privi- 
leges, and  be  subject  to  all  the  liabilities,  requirements  and 
duties,  set  forth  in  the  thirty-eighth  and  forty-fourth  chap- 
ters of  the  Revised  Statutes. 

Sect.  2.  The  said  corporation  may  hold  for  the  purpose 
aforesaid,  real  estate  to  the  amount  of  twenty  thousand  dol- 
lars, and  personal  estate  to  the  amount  of  thirty  thousand 
dollars,  and  the  whole  capital  stock  of  said  company  shall 
not  exceed  the  amount  of  fifty  thousand  dollars.  [Approved 
by  the  Governor,  Feb.  3,  1844.] 

An  Act  conferring  additional  powers  on  the  Old  Colony  Insurance  Company. 

BE  it  enacted  by  the  Senate  aiid  House  of  Representa- 
tives, in  Gen.eral  Court  assembled,  and  by  the  authority  of 
the  satne,  as  folloivs  : 

The  Old  Colony  Insurance  Company,  incorporated  in 
the  year  one  thousand  eight  hundred  and  thirty-five,  are 
hereby  authorized  and  empowered  to  make  insurance 
against  losses  by  fire,  in  addition  to  the  powers  heretofore 
granted  to  said  company;  with  all  the  powers  and  privi- 
leges, and  subject  to  all  the  duties,  restrictions  and  liabili- 
ties, set  forth  in  the  thirty-seventh  and  forty-fourth  chapters 
of  the  Revised  Statutes,  and  in  the  thirty-fifth  and  one 
hundred  seventy-eighth  chapters  of  the  acts  of  the  year 
one  thousand  eight  hundred  and  thirty-eight.  [Approved 
by  the  Governor,  Feb.  3,  1844.] 

An  Act  to  continue  in  force  an  Act  to  incorporate  the  Oriental  Insurance 

Company. 

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

The  act  of  the  year  one  thousand  eight  hundred  and 
twenty-four,  incorporating  the  Oriental  Insurance  Compa- 
ny, shall  be  and  remain  in  force  for  the  term  of  twenty 
years  from  the  twelfth  day  of  June,  in  the  year  one  thous- 
and eight  hundred  and  forty-four;  and  the  said  corporation 
shall  be  continued  through  that  term,  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- 


1844.- 


■Chap.  5—7. 


153 


S75,000  to  be 
applied  to  the 
sinking  fund  ot 
the  Western 
Rail-road — 


fifth  and  one  hundred  seventy-eighth  chapters  of  the  acts 
of  the  year  one  thousand  eight  hundred  and  thirty-eight. 
[Approved  by  the  Governor,  Feb.  3,  1844.] 

An  Act  making  appropriation  of  the  moneys  paid  to  Massachusetts  under    nhni)     Q 
the  provisions  of  the  Treaty  of  Washington,  and  for  the  proceeds  of  the    ^ '    jr  * 
sales  of  the  public  lands. 

BE  it  enacted  by  the  Senate  and  House  of  Repj-esenta- 
iives  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  The  treasurer  and  receiver  general  of  this  Com- 
monweahh  is  hereby  authorized  and  directed,  to  apply 
seventy-five  thousand  dollars  of  the  moneys  now  in  the 
treasury,  received  under  the  provisions  of  the  Treaty  of 
Washington,  according  to  the  provisions  of  the  fourth  sec- 
tion of  the  one  hundred  and  seventy-second  chapter  of  the 
statutes  of  the  year  one  thousand  eight  hundred  and  thirty- 
seven,  creating  a  sinking  fund  for  the  payment  of  the  Com- 
monwealth's subscription  to  the  stock  of  the  Western  Rail- 
road, and  the  eightieth  chapter  of  the  statutes  of  the  year  one 
thousand  eight  hundred  and  forty-two,  authorizing  the 
treasurer  to  purchase  the  scrip  of  the  state,  issued  for  the 
payment  of  such  subscription  ;  and  he  is  hereby  further 
directed  to  apply  seventy-five  thousand  dollars,  according 
to  the  provisions  of  the  thirteenth  section  of  the  eleventh 
chapter  of  the  Revised  Statutes,  appropriating  one  half  of 
the  proceeds  of  the  sales  of  public  lands  to  the  Massachusetts 
School  Fund. 

Sect,  2.  The  treasurer  is  hereby  authorized  and  direct- 
ed to  apply  the  sum  of  thirty-one  hundred  and  seventy- 
seven  dollars  and  forty-three  cents,  being  moneys  received 
as  the  balance  of  the  proceeds  of  the  sales  of  the  public 
lands,  and  now  on  deposite,  in  discharge  of  the  ordinary 
demands  upon  the  treasury. 

Sect.  3.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  Feb.  5,  1844.] 


—and  $75,000 
to  the  Massa- 
chusetts School 
Fund. 


S3177  43-100  to 
be  applied  to 
the  ordinary 
purposes  of  the 
treasury. 


When  to  take 
effect. 


An  Act  to  continue  in  force  an  Act  to  incorporate  the  United  States  Insur-    (Jhctp,  7. 
ance  Company.  ' 

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

The  act  of  the  year  one  thousand  eight  hundred  and 
twenty-five,  incorporating  the  United  States  Insurance  Com- 
pany, shall  be  and  remain  in  force  for  the  term  of  twenty 
years  from  the  twenty-sixth  day  of  February,  in  the  year 
one  thousand  eight  hundred  and  forty-five ;  and  the  said 
corporation  shall  be  continued  through  that  term,  with  all 
the  powers  and  privileges,  and  subject  to  all  the  duties,  re- 
strictions and  liabilities,  set  forth  in  the  thirty-seventh  and 


Extended 
twenty  years. 


154 


1844.. 


-Chap.  8—10. 


forty-fourth  chapters  of  the  Revised  Statutes,  and  in  the 
thirty-fifth  and  one  hundred  seventy-eighth  chapters  of 
the  acts  of  the  year  one  thousand  eight  hundred  and  thirty- 
eight.     [App?'oved  by  the  Governor,  Feb.  5,  1844.] 


Chap.  8. 


Time  for  com- 
pletion of  road 
extended  one 
year. 


An  Act  in  addition  to  an  Act  to  incorporate  the  Worcester  Branch  Kail-road 

Company. 

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

The  further  period  of  one  year  beyond  the  time  men- 
tioned in  the  act  to  which  this  in  addition,  is  hereby  grant- 
ed to  said  company  for  completing  their  rail-road,  [^p- 
proved  by  the  Governor,  Feb.  5,  1844.] 


Chap.  9. 


Repeal  of  pro- 
visions for  the 
qualification  of 
masters  in 
chancery. 


Masters  to  be 
qualified  like 
other  ofiicers 
appointed  by 
the  governor 
and  council. 


An  Act  relating  to  Masters  in  Chancery. 

BF  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assernbled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  thirty-second  section  of  chapter  eighty- 
eight  in  the  Revised  Statutes,  requiring  masters  in  chancery 
to  be  sworn  by  the  supreme  judicial  coiu't  or  the  court  of 
common  pleas,  or  by  any  justice  of  either  of  said  courts  in 
vacation,  is  hereby  repealed. 

Sect.  2.  Masters  in  chancery,  before  entering  upon  the 
discharge  of  the  duties  of  their  oflSce,  shall  take  and  sub- 
scribe the  oaths  or  affirmations  required  by  the  constitution 
and  laws  to  be  taken  and  subscribed  by  persons  appointed 
or  commissioned  by  the  governor  with  the  advice  and  con- 
sent of  the  council,  and  such  oaths  or  affirmations  shall  be 
taken  and  subscribed  by  masters  in  chancery  before  such 
officers  or  persons  as  already  provided  in  and  by  the 
constitution  and  laws  of  this  Commonwealth,  {Approved 
by  the  Governor,  Feb.  5,  1844.] 


Chap.  10. 


real  estate — 


— and  have  the 
same  powers  in 
relation  thereto 


An  Act  in  addition  to  an  Act  entitled  "  An  Act  to  incorporate  the  Proprietors 
of  Sargent's  Wharf,  in  Boston." 

BE  it  enacted  by  the  Senate  and  House  of  Rep>resenia- 
iives,  i?i  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows  : 

Sect.  1.  The  proprietors  of  Sargent's  Wharf,  a  corpo- 
ration established  by  law,  be,  and  they  are  hereby,  author- 
ized and  empowered  to  employ  so  much  of  their  capital,  as 
they  may  see  fit,  in  the  purchase  of  real  estate  adjoining 
their  original  limits,  as  set  forth  in  their  act  of  incorpora- 
tion, passed  A.  D.  1836. 

Sect.  2.  The  said  proprietors  shall  have  all  the  powers 
in  relation  to  such  additional  real  estate,  which  by  their 
act  of  incorporation  they  now  have,  in  relation  to  the  land 


1844. 


■Chap.   11—13. 


1.55 


within  the  original  hmits  set  forth  in  said  act. 
hy  the  Governor^  Feb.  5,  1844.] 


[Approved   as  to  real  estate 


now  held. 


An  Act  to  increase  the  capital  stock  of  the  Dwight  Manufacturing  Company.    ChciV.  1 1 . 

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

The  Dwight  Manufacturing  Company  are  hereby  au-  Capital  stock 
thorized  to  increase  their  capital  stock,  by  the  creation  of  ^°  ^^  increased 

1  1  r     ^  T  1  1  I       T        r  by  I'ot  more 

such  number  of  shares  not  exceeding  three  hundred,  oi  one  than  3oo  shares 
thousand  dollars  each,  as  the   said  corporation  may  require  ofsioooeach. 
for  the  convenient  management  of  their  business.     [Ap- 
proved by  the  Governor,  Feb.  5,  1844.] 


An  Act  to  incorporate  the  Old  Colony  Iron  Company. 

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

Sect.  1.  William  A.  Crocker,  Samuel  L.  Crocker,  George 
A.  Crocker,  William  Thomas,  their  associates  and  succes- 
sors, are  hereby  made  a  corporation,  by  the  name  of  the  Old 
Colony  Iron  Company,  for  the  purpose  of  making  and  man- 
ufacturing iron  in  all  its  branches,  in  the  towns  of  Taunton 
and  Raynham  in  the  County  of  Bristol ;  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  Sta- 
tutes. 

Sect.  2.  Said  company  may  hold  for  the  purposes  afore- 
said, real  estate  to  the  amount  of  seventy-five  thousand 
dollars,  and  the  whole  capital  stock  of  said  company  shall 
not  exceed  the  amount  of  two  hundred  and  fifty  thousand 
dollars.     [Ajyproved  by  the  Governor,  Feb.  5,  1844.] 

An  Act  to  incorporate  the  Essex  Mechanics'  Mutual  Fire  Insurance  Compa- 
pany,  in  Salem. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authoritij  of 
the  same,  as  follows : 

James  Kimball,  Samuel  D.  Tilton  and  Daniel  Potter, 
their  associates  and  successors,  are  hereby  made  a  corpora- 
tion, by  the  name  of  the  Essex  Mechanics'  Mutual  Fire 
Insurance  Company,  in  Salem,  in  the  County  of  Essex,  for 
tlie  term  of  twenty-eight  years,  for  the  purpose  of  insuring  For  as  years, 
buildings,  stock  in  trade,  and  all  other  kinds  of  personal 
properly;  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.     [Approved  by  the  Governor,  Feb.  5,  1844.] 


Chap.  12. 


Persons    incor- 
porated. 


To  make  and 
manufacture 
iron  in  Taunton 
and  Raynham. 


May  hold  real 
estate  not  to 
exceed  875,000, 
and  the  capital 
stock  not  to  ex- 
ceed S-250,000. 


Chap.  13. 


Persons    incor- 
porated. 


To  insure 
huiklings  and 
personal  pro- 
perty. 


166 


1844.- 


-Chap.  14—16. 


Chap.  14. 


To  take  the 
name  of  the 
Massachusetts 
Home  Mission- 
ary Society. 

When  to  take 
effect. 


Chap.  15. 


Chap.  16. 


Persons 
porated. 


To  manufac- 
ture cotton 
goods  in  New- 
bury port. 


Real  estate  not 
to  exceed 
$25,000,  and 
capital  stock 
$100,000. 


An  Act  to  change  the  name  of  the  Massachusetts  Missionary  Society. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  Ge7ieral  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1,  The  Massachusetts  Missionary  Society  shall  be 
hereafter  known  and  called  by  the  name  of  the  Massachu- 
setts Home  Missionary  Society,  anything  in  the  act  incor- 
porating the  same  to  the  contrary  notwithstanding. 

Sect,  2.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  Feb.  5,  1844.] 

An  Act  to  authorize  a  Fire  Department,  in  the  town  of  Waltham. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assetnbled,  and  by  the  authority  of 
the  same,  as  follows  : 

The  selectmen  of  the  town  of  Waltham  are  hereby  au- 
thorized to  establish  a  fire  department  in  said  town,  in  the 
manner,  and  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  said  fire  department,  when  so  established,  and 
the  several  members  thereof,  and  all  the  ofiicers  and  com- 
panies appointed  by  them,  and  the  said  town  of  Waltham. 
and  the  inhabitants  thereof,  shall  be  subject  to  all  the  duties 
and  liabilities,  and  be  entitled  to  all  the  privileges  and  ex- 
emptions, specified  in  said  act,  so  far  as  the  same  relates  to 
them  respectively.  [Approved  by  the  Governor,  Feb.  5, 
1844.] 

An  Act  to  incorporate  the  Essex  Steam  Mills. 

BE  it  enacted  by  the  Seriate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios  : 

Sect.  1.  James  Read,  George  Gardner,  Edmund  L.  Le 
Breton,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Essex  Steam  Mills,  for  the 
purpose  of  manufacturing  cotton  goods  in  the  town  of  New- 
Ijuryport,  in  the  County  of  Essex,  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 
aforesaid,  real  estate  to  the  amount  of  twenty-five  thousand 
dollars  ;  and  the  whole  capital  stock  of  said  company  shall 
not  exceed  the  sum  of  one  hundred  thousand  dollars.  [Ap- 
proved by  the  Governor,  Feb.  5,  1844.] 


1844 Chap.  17—20.  157 

An  Act  to  establish  a  Fire  Department  in  the  town  of  Dorchester.  Chop,  17. 

BE  it  enacted  by  the  Senate  and  House  of  Represenia^ 
tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  sa7ne,  as  follows  : 

A  Fire  Department  is  hereby  established  in  the  town  of 
Dorchester,  subject  to  all  the  duties  and  liabilities,  and  with 
all  the  powers  and  privileges,  set  forth  and  contained  in  an 
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  Gover7ior, 
Feb.  5,  1844.] 

An  Act  in  addition  to  an  Act  to  incorporate  the  President,  Directors,  and    C/hctP'   18. 
Company  of  the  Washington  Bank  in  Boston.  -^ 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, ill  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

That  so  much  of  the  third  section  of  said  act  as  restricts  May  have  its 

II  /-I-  /.-Til  -1  r  banking  house 

the  place  of  busmess  of  said  bank  to  any  particular  part  ot  in  any  pan  of 
Boston,  be,  and  the  same  is  hereby  repealed.     [Approved  Boston. 
by  the  Govertior,  Feb.  5,  1844.] 

An  Act  in  addition  to  an  Act  to  incorporate  the  Massachusetts  Horticultural    ChttV.   19. 

Society. 

BE  it  ejiacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     The  Massachusetts   Horticultural  Society  are  Se^nS  «- 
hereby  authorized   to  purchase  and  hold  real  estate  to  the  ceeding: 
amount  of  fifty  thousand  dollars.  ®50,ooo. 

Sect.  2.     This  act  shall  take  effect  from  and  after  its  '^hen  to  take 
passage.     [Approved  by  the  Governor,  Feb.  5,  1844.] 

An  Act  to  incorporate  the  Lancaster  Mills.  Chan    20 

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

Sect.    1,     E.   13.    Bigelow,    Stephen   Fairbanks,    Henry  Persons  incor- 
Timmins,  their  associates  and  successors,  are  hereby  made  P*"^^^®  ' 
a  manufacturing  corporation,  by  the  name  of  the  Lancas- 
ter   Mills,   for  the  purpose  of  manufacturing   cotton   and  To  manufacture 

^,  1       •        .1     v..  c    T  1  /-   cotton  and  Other 

other  goods,  in   the  town  oi    Lancaster,  in   the  county  of  goods  in  Lan- 
Worcester,  and  for  this  purpose,  shall  have  all  the  powers  caster, 
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  May  hold  real 
aforesaid,  real  estate  to   the  amount  of  one  hundred   and  ceedin/siVoJ" 
fifty  thousand  dollars,  and  personal  estate  to  the  amount  of  ooo,  personal' 
21 


158 


1844.- 


■Chap.  20- 


estate  $350,000, 
and  whole  capi- 
tal stock  $500,- 
000.' 


three  hundred  and  fifty  thousand  dollars,  and  the  whole 
capital  stock  of  said  corporation  shall  not  exceed  five  hun- 
dred thousand  dollars.  [Approved  by  the  Governor,  Feb.  5, 
1844.] 


Chap.  21. 


Persons  incor- 
porated. 


To  manufac- 
ture cotton 
twist  and  cloth 
in  Lowell. 


Real  estate  not 
to  exceed 
$200,000,  and 
capital  stock 
$800,000. 


Chap.  22. 


Person  incor- 
porated. 

To  build,  &c., 
one  or  more 
steamboats. 

To  clear  Boston 
harbor  of  ice. 

To  tow  vessels 
m  distress,  &c. 


Insurance  com- 
panies may  in- 
vest therein  not 
exceeding  two 
per  cent,  on 
their  capitals. 


Capital  stock 
not  to  exceed 
$100,000  in 
shares  of  $100. 


An  Act  to  incorporate  the  Prescott  Manufacturing  Companj. 

BE  it  enacted  by  the  Senate  and  Ho2ise  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows  : 

Sect.  1.  Nathan  Appleton,  William  Sturgis,  and  Patrick 
T.  Jackson,  and  their  associates  and  successors,  are  hereby 
made  a  corporation,  by  the  name  of  the  Prescott  Manufac- 
turing Company,  for  the  purpose  of  manufacturing  cotton 
twist  and  cloth,  in  the  city  of  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  pur- 
poses aforesaid,  real  estate,  to  the  amount  of  two  hundred 
thousand  dollars,  and  the  whole  capital  stock  of  the  said 
corporation  shall  not  exceed  the  amount  of  eight  hundred 
thousand  dollars.     [Approved  by  the  Governor,  Feb.  5,  1844.] 

An  Act  to  incorporate  the  Relief  Steamboat  Company, 

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

Sect.  1.  Robert  13.  Forbes,  and  his  associates,  are 
hereby  made  a  corporation,  by  the  name  of  the  Relief 
Steamboat  Company,  with  power  to  build,  purchase,  hold 
and  convey,  hire  and  employ,  one  or  more  steamboats, 
witli  such  apparatus  and  appendages,  as  may  be  deemed 
requisite  for  the  purpose  of  keeping  the  harbor  of  Boston 
clear  of  ice  ;  for  towing  vessels  from  place  to  place ;  for 
assisting  vessels  in  distress;  and  for  attending  to  the  inter- 
ests and  requirements  of  the  mercantile  community,  within 
the  waters  of  New  England,  on  such  terms  and  conditions 
as  the  parties  may  agree. 

Sect.  2.  Any  insurance  company,  now  incorporated,  or 
which  may  hereafter  be  incorporated,  may  invest  so  much 
of  their  capital  stock,  or  of  their  surplus  capital  not  ex- 
ceeding two  per  cent,  on  the  amount  of  their  capitals  re- 
spectively, as  they  may  deem  expedient,  in  stock  of  the 
Relief  Steamboat  Company. 

Sect.  3.  The  capital  stock  of  the  said  corporation  shall 
not  exceed  one  hundred  thousand  dollars,  to  be  divided 
into  shares  of  one  hundred  dollars  each,  and  for  the  pur- 
poses  above   recited,  this   corporation    shall   have  all  the 


1844. Chap.  22—24.  159 

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,  and  this 

act  shall  continue  in  force  for   the  term  of  twenty  years.  For  twenty 

[Approved  by  the  Governor,  Feb.  12,  1844.]  y"^'"- 

An  Act  to  incorporate  the  Salem  Insurance  Company.  ChcLB'  23. 

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

Sect.  1.     Gilbert  G.  Newhall,  David  Pingree,  and  Joseph  ^^^^°"| '"°°''" 
S.  Cabot,  their  associates  and  successors,  are  hereby  made  ^°^^  ^ 
a  corporation,  by  the  name  of  the  Salem  Insurance  Com- 
pany, for  the  term  of  twenty  years,  for  the  purpose  of  in-  For  twenty 
suring  against  maritime  losses,  and  losses  by  fire,  with  all  ^'^^]^' 
the  powers  and   privileges,  and  subject  to  all  the  duties,   ^.Vmarfne^'^® 
restrictions,  and  liabilities,  set  forth  in  the  thirty-seventh  risks, 
and  forty-fourth  chapters  of  the  Revised  Statutes,  and  in 
the  thirty-fifth  and  one  hundred  seventy-eighth  chapters  of 
the  acts  of  the  year  one  thousand  eight  hundred  and  thirty- 
eight. 

Sect.  2.     Said  corporation  may  hold  any  estate,  real  or  Real  estate  not 
personal,  for  the  use  of  said   company,  provided  that  the  $io,ooo, except, 
real   estate  shall  not  exceed  ten   thousand  dollars,  except  &-c. 
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  Capital  stock 
one  hundred  thousand  dollars,  and  shall   be  divided  into  shares°of  s'loo 
shares  of  one  hundred  dollars  each,  and  shall  be  collected  paid  in  instai- ' 
and  paid  in,  in  such  instalments,  and  under  such  penalties,   ^enaiues^tlf'^be 
as  the  president  and  directors  of  said  company  shall  order  prescribed  by 
and  appoint.     [Approved  by  the  Governor,  Feb.  14,  1844.]     directors. 

An  Act  restoring  the  Salaries  of  the  Justices  of  the  Supreme  Judicial  Court.     (Jhctp.  '2Ai. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam,e,  as  folloivs  : 

Sect.  1.     So  much  of  the  first  section  of  an  act,  approved  Restorationof 
by  the  governor  on  the  seventh  day  of  March,  in   the  year  sca!"befo?e^  ^ 
one   thousand  eight  hundred  and  forty-three,  entitled  "an  April,  i843. 
act  establishing  the  salaries  of  certain  public  ofiicers,"  as 
provides  that  the  chief  justice  of  the  supreme  judicial  court 
shall  receive  three  thousand  dollars,  and  the  associate  jus- 
tices of  the  supreme  judicial  court,  each  the  sum  of  twen- 
ty-five hundred  dollars,  be  and  hereby  is  repealed;  and  so 
much  of  the  eighty-first  chapter  of  the  Revised  Statutes  as 
is  contained  in    the  sixty-first   section    thereof,   and   was 
repealed  by  the  third  section  of  the  aforesaid  act  of  the 


160 


1844.- 


-Chap.  24—25. 


Refunding  of 
salaries  with- 
drawn by  act 
March,  1843. 


When  to  take 
effect. 


Chap.  25. 


Persons  incor- 
porated. 

For  twenty 
years. 

To  insure  fire 
and  marine 
risks. 


Real  estate  not 
to  exceed 
SlOjOOO,  except, 
&c. 


Division  of 
profits. 


Capital  stock 
not  less  than 
$50,000,  nor 
more  than 
$100,000,  in 
shares  of  $50 
each,  to  be  paid 
as  directors 
shall  prescribe. 


seventh  of  March,  in  the  year  one  thousand  eight  hundred 
and  forty-three,  is  hereby  revived. 

Sect.  2.  The  chief  justice  of  the  supreme  judicial  court, 
and  the  associate  justices  of  said  court,  shall  receive  such 
sum  for  their  salaries  respectively,  from  the  first  day  of 
April  last,  as,  with  the  sums  received  by  them  since  that 
time,  will  give  them  respectively  the  same  amount  which 
they  would  severally  have  received,  if  the  act  entitled  "an 
act  establishing  the  salaries  of  certain  public  officers,"  ap- 
proved by  the  governor,  March  seventh,  eighteen  hundred 
and  forty-three,  had  not  been  passed. 

Sect.  3.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  Feb.  16,  1844.] 

An  Act  to  incorporate  the  Beverly  Insurance  Company. 

BE  it  enacted  by  the  Senate  and  Uonse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  F.  W.  Choate,  Elliot  Woodbury,  Richard 
Picket,  their  associates  and  successors,  are  hereby  made  a 
corporation,  for  the  term  of  twenty  years  from  the  passage 
of  this  act,  by  the  name  of  the  Beverly  Insurance  Com- 
pany, for  the  purpose  of  making  insurance  against  mari- 
time losses,  and  losses  by  fire,  in  the  usual  and  customary 
manner,  with  all  the  rights  and  privileges,  and  subject  to 
all  the  duties,  liabilities  and  restrictions,  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  acts  of  the  year  eighteen 
hundred  and  thirty-eight. 

Sect,  2.  The  said  corporation  may  hold  any  estate, 
real  and  personal,  for  the  use  of  said  company :  provided, 
that  the  real  estate  shall  not  exceed  the  value  of  ten  thou- 
sand dollars,  excepting  such  as  may  be  taken  for  debt,  or 
held  as  collateral  security  for  money  due  said  company. 

Sect.  3.  The  said  corporation  may  divide  among  their 
stockholders  and  the  persons  insured  by  them,  in  propor- 
tion to  the  stock  owned  and  the  premiums  paid,  on  risks 
terminated,  all  their  clear  profit  over  and  above  the  amount 
of  six  per  cent,  per  annum. 

Sect.  4.  The  capital  stock  of  said  corporation  shall  be 
fifty  thousand  dollars,  with  liberty  to  increase  ihe  same  to 
one  hundred  thousand  dollars,  and  shall  be  divided  into 
shares  of  fifty  dollars  each,  and  shall  be  collected  and  paid 
in,  in  such  instalments,  and  under  such  penalties,  as  the 
president  and  directors  of  said  company  shall  direct.  [Ap- 
proved by  the  Governor,  Feb.  16,  1844.J 


1844.. 


-Chap.  26—27. 


161 


An  Act  to  reduce  the  capital  stock  of  the  Hingham  Bank. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  satne,  as  folloivs  : 

Sect.  1.  From  and  after  the  first  day  of  April  next,  the 
president,  directors,  and  company  of  the  Hingham  Bank, 
in  Hingham,  are  hereby  authorized  to  reduce  their  capital 
stock  to  the  sum  of  one  hundred  and  five  thousand  dollars  : 
provided,  that  no  dividend  of  any  part  of  the  present  capital 
stock,  shall  be  made,  nor  shall  such  reduction  take  place 
until  a  commissioner  to  be  appointed  by  the  governor  and 
council  for  that  purpose,  at  the  expense  of  said  corporation, 
shall  have  certified  in  writing  to  the  governor  and  council, 
after  due  examination,  that  the  said  corporation  has  suffi- 
cient funds  for  the  payment  of  all  notes,  bills,  deposits  and 
other  demands  existing  against  it,  and  that  after  payment 
thereof,  and  the  repayment  to  its  stockholders  of  the  amount 
hereby  authorized  to  be  deducted  from  its  present  capital 
stock,  the  net  sum  of  one  hundred  and  five  thousand  dol- 
lars 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  of  said  bank 
shall  be  made  by  reducing  the  par  value  of  the  shares  in 
the  same,  from  one  hundred  dollars  to  seventy  dollars,  and 
refunding  to  the  holders  the  difference. 

Sect.  3.  From  and  after  the  said  first  day  of  April  next, 
previous  to  which  time  the  commissioner  herein  provided 
for,  shall  make  and  deliver  his  certificate  to  the  governor 
and  council  as  aforesaid,  all  the  rights,  duties  and  liabilities 
of  said  bank,  shall  have  relation  to  and  be  governed  by 
said  reduced  capital  stock  of  one  hundred  and  five  thousand 
dollars,  and  until  the  said  first  day  of  April  next,  and  the 
said  certificate  shall  have  been  made  and  delivered  as  afore- 
said, the  said  bank  shall  continue  to  pay  into  the  treasury 
of  the  Commonwealth  the  tax  required  by  law  to  be  paid 
on  the  present  capital  of  said  bank  ;  and  nothing  contained 
in  this  act  shall  be  construed  to  affect  the  liability  of  the 
corporation,  or  of  the  individual  stockholders,  as  established 
by  the  act  incorporating  said  bank,  and  the  several  acts  in 
addition  thereto. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  Feb.  19,  1844.] 

An  Act  to  reduce  the  Capital  Stock  of  the  Eail-road  Bank. 

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

Sect.  1.  From  and  after  the  first  day  of  April  next, 
the    president,    directors   and   company   of  the   Rail-road 


Chap.  26. 


May  reduce  its 
capital  slock  to 
Si 05, 000,  after 
April  1st,  pro- 
vided a  com- 
missioner shall 
report  to  the 
satisfaction  of 
the  governor 
and  council. 


Reduction  to  be 
made  by  reduc- 
ing the  par  val- 
ue of  a  share 
from  $100  to 
$70. 

Tax  on  the  pre- 
sent capital  to 
be  levied  till 
April  1st,  and 
till  the  com- 
missioner shall 
have  reported. 


Time  to  take 
effect. 


Chap.  27. 


Capital  stock 
to  be  reduced 
to  $600,000, 


162 


1844.- 


-Chap.  27—28. 


andwhen'i^^^'  Bank,  in  Lowell,  are  hereby  authorized  to  reduce  their 
commissioner  Capital  stock  to  the  sum  of  six  hundred  thousand  dollars  : 
^orted^toThe*^^'  Provided,  that  no  dividend  of  any  part  of  the  present  capi- 
governorand  tal  stock  sliall  be  made,  nor  shall  such  reduction  take  place, 
council.  until  a  commissioner,  to  be  appointed  by  the  governor  and 

council  for  that  purpose,  at  the  expense  of  said  corpora- 
tion, shall  have  certified,  in  writing,  to  the  governor  and 
council,  after  due  examination,  that  the  said  corporation 
has  sufficient  funds  for  the  payment  of  all  notes,  bills,  de- 
posits, and  other  demands  existing  against  it,  and  that 
after  payment  thereof,  and  the  repayment  to  its  stockhold- 
ers of  the  amount  hereby  authorized  to  be  deducted  from 
its  present  capital  stock,  the  net  sum  of  six  hundred  thou- 
sand 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  of  said 
bank  shall  be  made  by  reducing  the  par  value  of  the  shares 
in  the  same,  from  one  hundred  dollars  to  seventy-five  dol- 
lars, and  refunding  to  the  holders  the  difference,  according 
to  a  vote  of  the  stockholders  thereof,  passed  at  their  annual 
meeting  in  October  last. 

Sect.  3.  From  and  after  the  said  first  day  of  April  next, 
previous  to  which  time  the  commissioner  herein  provided 
for,  shall  make  and  deliver  his  certificate  to  the  governor 
and  council,  as  aforesaid,  all  the  rights,  duties  and  liabili- 
ties of  said  bank  shall  have  relation  to  and  be  governed 
by  said  reduced  capital  stock  of  six  hundred  thousand  dol- 
lars ;  and  until  the  said  first  day  of  April  next,  and  the  said 
certificate  shall  have  been  made  and  delivered,  as  afore- 
said, the  said  bank  shall  continue  to  pay  into  the  treasury 
of  the  commonwealth,  the  tax  required  by  law  to  be  paid 
on  the  present  capital  of  said  bank;  and  nothing  contained 
in  this  act  shall  be  construed  to  affect  the  liability  of  the 
corporation,  or  of  the  individual  stockholders,  as  estab- 
lished by  the  act  incorporating  said  bank  and  the  several 
acts  in  addition  thereto. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor^  Feb.  19,  1844. J 

f^]  n  *?fl  ^'^  ^^^  ^^  addition  to  an  Act  to  incorporate  the  Hartford  and  Springfield 
Lyliap.  ^O.  Rail-road  Corporation. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
iivcs,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follotos  : 

Sect.  1.  The  time  allowed  by  the  statute  of  one  thou- 
route"'extended  saud  eight  hundred  and  thirty-nine,  chapter  one  hundred 
for  one  year,  and  ouc,  and  the  statute  of  one  thousand  eight  hundred 
ti'on  of  ^th™^  ^'  and  forty-one,  chapter  seventy-two,  for  the  Hartford  and 
same  for  two  Springfield  Rail-road  Corporation  to  file  with  the  county 
commissioners  of  the  county  of  Hampden,  the  location  of 


Reduction  to  be 
made  by  reduc- 
ing: the  par 
value  of  a  share 
from  $100  to 
S75. 


Tax  to  be 
levied  on  the 
present   capital 
till  April  1st, 
and  tiH  a  com- 
missioner shall 
have  reported. 


When    to   take 
effect. 


Time  for  loca 
tion  of  the 


years. 


1844.- 


■Chap.  28. 


163 


the  route  of  their  rail-road,  is  hereby  extended  for  one 
year  from  and  after  the  fifth  day  of  April  next ;  and  the 
time  allowed  by  said  statutes,  for  the  completion  of  said 
road,  is  hereby  further  extended  for  two  years,  from  and 
after  the  said  fifth  day  of  April  next ;  and  the  filing  of  the 
location  of  said  road,  in  the  manner  and  within  the  time 
herein  prescribed,  shall  be  as  valid  and  effectual  as  if  the 
same  had  been  filed  with  the  county  commissioners,  ac- 
cording to  the  provisions  of  the  first  mentioned  statute  : 
provided^  however^  that  the  provisions  of  this  section  shall 
not  apply  to  that  portion  of  the  said  rail-road  between  the 
Western  Rail-road  and  Chicopee  river. 

Sect.  2.  The  persons  who  now  are,  or  may  hereafter 
be  stockholders  of  the  Hartford  and  New  Haven  Rail-road 
Company,  a  corporation  established  by  an  act  of  the  legis- 
lature of  the  State  of  Connecticut,  shall  be  stockholders  of 
this  corporation,  together  with  such  persons  as  now  are.  or 
may  hereafter  become  stockholders  of  this  corporation ; 
and  when  the  stockholders  shall  by  vote  have  assented 
thereto,  the  said  corporations  shall  become  united  in  one 
corporation  by  the  name  of  the  New  Haven  and  Spring- 
field Rail-road  Company,  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, 
under  the  authority  of  the  State  of  Connecticut,  or  of  this 
State,  shall  be  held  and  enjoyed  by  all  the  said  stockhold- 
ers, in  proportion  to  their  number  of  shares,  in  either  or 
both  of  said  corporations. 

Sect.  3.  After  the  said  union  shall  be  perfected,  the 
said  stockholders  shall  hold  their  meetings,  make  their  by- 
laws, appoint  their  officers,  and  transact  all  their  business 
as  one  corporation  :  provided^  that  one  or  more  of  the  offi- 
cers of  said  corporation  shall  be  resident  in  this  Common- 
wealth, and  one  or  more  of  them  in  the  State  of  Connecticut, 
on  whom  process  against  said  corporation  may  be  legally 
served  in  either  state  ;  and  said  corporation  shall  be  held 
to  answer  within  the  jurisdiction  where  such  service  shall 
be  made  and  the  process  is  returnable. 

Sect.  4.  The  share,  or  shares,  of  any  stockholder  in 
said  corporation  shall  be  liable  to  attachment,  and  to  be 
taken  on  execution,  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  officer's  return 
thereon,  shall,  at  the  time  of  such  service,  be  left  with  the 
clerk,  or  a  director  of  said  corporation,  or  at  his  usual 
place  of  abode,  by  the  officer  making  the  service. 

Sect.  5.     The  said  corporation  shall  so  make  out  and 


Except  be- 
tween the  Wes- 
tern Rail-road 
and  Chicopee 
River. 

Stockholders  of 
the  Hartford 
and  New  Ha- 
ven Rail-road 
Company  to  be 
stocknolders  of 
this  corpora- 
tion. 

May  unite 
themselves  in 
one  corporation 
with   a   capital 
not  exceeding 
the  joint  capi- 
tals of  the  two 
corporations. 


The  New   Ha- 
ven and  Spring- 
field Company 
shall  make  by- 
laws, &c.,  pro- 
vided that  one 
or  more  of  tlie 
officers  shall  be 
resident  in 
Massachusetts, 
and  one  or 
more  in  Con- 
necticut. 

The  share,  or 
shares,  of  a 
stockholder 
shall  be  subject 
to  attachment 
in  the   State  of 
his  residence, 
provided,  &c. 


164 


1844.- 


■Chap.  28—29. 


Accounts  of  ex- 
penditures in 
Massachusetts 
and  in  Con- 
necticut to  be 
kept  distinct. 

One  commis- 
sioner to  be 
appointed  for 
four  years  by 
the  governor  of 
each  state,  to 
determine  the 
proportions  of 
expense,  re- 
ceipts, and 
profits. 


keep  an  account  of  the  expenditures  on  said  road,  from  its 
commencement  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  Con- 
necticut ;  and  two  commissioners  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  the  expenditures  on  said  road,  and  of 
the  other  expenses  attending  its  construction,  maintenance, 
and  also  what  proportion  of  the  receipts  and  profits  of  said 
rail-road  shall  properly  appertain  and  belong  to  ihe  por- 
tions of  said  road  in  each  state  respectively;  and  the 
annual  reports  required  to  be  made  by  the  directors  to  the 
legislature  of  this  Commonwealth,  shall  show  the  amounts 
of  expenditures,  receipts,  and  profits,  as  aforesaid,  which 
belong  to  the  parts  of  said  road,  situated  in  said  two  states 
respectively ;  and  said  reports  shall  be  approved  by  said 
commissioners. 

Sect.  6.  The  said  corporation,  so  far  as  their  road  is 
situated  in  Massachusetts,  shall  be  subject  to  the  general 
laws  of  this  State  to  the  same  extent  as  if  their  road  were 
wholly  therein. 

Sect.  7.  The  second,  third,  fourth  and  fifth  sections  of 
this  act  shall  not  take  effect,  until  the  legislature  of  the 
State  of  Connecticut  shall  have  enacted  provisions,  similar 
to  those  contained  in  said  sections,  nor  until  the  provisions 
so  enacted,  shall  have  been  accepted  by  the  stockholders  of 
both  of  said  corporations  at  meetings  duly  called  for  the 
purpose,  nor  until  the  same  have  been  accepted  by  the 
stockholders  of  said  united  corporation,  at  a  meeting  called 
for  the  purpose,  and  at  which  meeting  they  may  ratify  and 
confirm  all  or  any  of  their  former  doings,  and  adopt  them 
as  the  acts  and  doings  of  said  united  corporation.  [-Ap- 
proved bij  ihe  Governor,  Feb.  23,  1844. J 

Chd'D.  29      "^^  "^^^  ^°  reduce  the  capital  stock  of  the  Merchants  Bank  in  Newburyport. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General   Court  assembled^  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  From  and  after  the  first  day  of  April  next,  the 
president,  directors  and  company  of  the  Merchants  Bank, 
in  Newburyport,  are  hereby  authorized  to  reduce  their  cap- 
ital stock  to  the  sum  of  two  hundred  and  ten  thousand  dol- 
lars :  provided,  that  no  dividend  of  any  part  of  the  present 
capital  stock  shall  be  made,  nor  shall  said  reduction  take 
place,  until  a  commissioner,  to  be  appointed  by  the  governor 
and  council  for  that  purpose,  at  the  expense  of  said  corpo- 
ration, shall  have  certified  in  writing  to  the  governor  and 
council,  after  due  examination,  that  the  said  corporation  has 


Corporation  to 
be  subject  to 
the  laws  of 
Massachusetts 
for  such  portion 
of  the  road  as 
lies  within  its 
limits. 

Parts  of  this 
law  not  to  take 
effect  till  after 
certain  action 
of  Connecticut 
and  of  the 
stockholders. 


Capital  stock 
may  be  reduced 
to  «2IO,000 
after  April  1st, 
and  when  a 
commissioner 
shall  have  re- 
ported. 


1844.- 


-Chap.  29—31. 


165 


Reduction 
made  by  reduc- 
ing the  par 
value  of  a  share 
from  $50  to 
$35 

Tax  to  be  le- 
vied on  the 
present  capital 
till  April  1st, 
and  till  a  com- 
missioner shall 
have  reported. 


sufficient  funds  for  the  payment  of  all  notes,  bills,  deposits, 
and  other  demands  existing  against  it,  and  that  after  pay- 
ment thereof  and  the  repayment  to  its  stockholders  of  such 
a  sum  on  each  share  of  said  stock  as  said  commissioner 
shall  judge  may  be  paid,  that  the  net  sum  of  two  hundred 
and  ten  thousand  dollars  will  remain  in  said  bank  as  capi- 
tal stock  in  funds  available  for  all  usual  and  proper  bank- 
ing purposes. 

Sect.  2.  The  reduction  of  the  capital  stock  of  said  bank 
shall  be  made  by  reducing  the  par  value  of  the  shares  in 
the  same  from  fifty  dollars  to  thirty-five  dollars,  and  re- 
funding to  the  holders  of  stock  the  difference  ascertained  by 
said  commissioner  as  before  provided. 

Sect,  3.  From  and  after  said  first  day  of  April  next, 
previous  to  which  time  the  commissioner  herein  provided 
for  shall  make  and  deliver  his  certificate  to  the  governor 
and  council  as  aforesaid,  all  the  rights,  duties  and  liabili- 
ties of  said  bank,  shall  have  relation  to  and  be  governed  by 
said  reduced  capital  stock  of  two  hundred  and  ten  thousand 
dollars.  And  until  the  said  first  day  of  April  next,  and  the 
said  certificate  shall  have  been  made  and  delivered  as 
aforesaid,  the  said  bank  shall  continue  to  pay  into  the  trea- 
sury of  the  Commonwealth  the  tax  required  by  law  to  be 
paid  on  the  present  capital  stock  of  said  bank.  And  no- 
thing contained  in  this  act  shall  be  construed  to  aftect  the 
liability  of  this  corporation  or  of  the  individual  stock- 
holders, as  established  by  the  act  incorporating  said  bank 
and  the  several  acts  in  addition  thereto. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  Feb.  23,  1844.] 

An  Act  in  addition  to  an  Act  relating  to  the  American  Hosiery  Company. 

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

The  third  section  of  an  act  entitled  an  act  to  incorporate 
the  American  Hosiery  Company,  passed  on  the  twenty- 
fourth  day  of  March,  eighteen  hundred  and  forty-three,  is 
hereby  repealed.  [Approved  by  the  Governor,  Feb.  23, 
1844.] 

An  Act  to  authorize  Samuel  F.  Holbrook  and  James  Dillon  to  extend  their    CflCip.  31. 

wharf.  " 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, i7i  Ge?ieral  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios  : 

Samuel  F.  Holbrook  and  James  Dillon,  proprietors  of  a 

certain  wharf  situated  near  Fort  Hill  and  fronting  on  Broad 

Street,  in  the  city  of  Boston,  and  lying  between  what  was 

formerly  known  as  Fort   Hill  wharf  and  the  wharf  now 

22 


When  to  take 
effect. 


Chap.  30. 


Repeal  of  a  pro- 
vision for  mak- 
ing individual 
stockholders 
liable  for  debts 
of  the  corpora- 
tion. 


166 


1844.- 


■Chap.  31—34. 


Maybe  extend- 
ed to  line  of 
1837. 


Extension  to 
be  built  on 
piles,  &c. 


Chap,  32. 


School  com- 
mitiees  may 
dismiss  teach- 
ers, and  slop 
their  pay. 


owned  by  the  heirs  of  the  late  Gershom  Spear,  deceased,  are 
hereby  authorized  to  extend  and  maintain  their  said  wharf 
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  eighteen  hundred  thirty-seven, 
and  shall  have  the  right  and  privilege  of  laying  ves- 
sels at  the  sides  and  end  of  said  wharf,  and  of  receiving 
dockage  and  wharfage  therefor:  pjovided,  that  so  much  of 
said  wharf  as  shall  be  erected  under  this  act,  shall  be  built 
on  piles,  and  that  this  grant  shall  in  no  wise  interfere  with 
the  legal  rights  of  any  persons  whatever.  [^Aj^proved  by 
the  Governor,  Feb.  23,  1844.] 

An  Act  concerning  the  powers  of  School  Committees. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows : 

The  school  committee  of  any  town  is  hereby  authorized 
to  dismiss  from  employment  any  teacher  in  such  town, 
whenever  the  said  committee  may  think  proper,  and  from 
the  time  of  such  dismissal  such  teacher  shall  receive  no  fur- 
ther compensation  for  services  rendered  in  that  capacity. 
\Approved  by  the  Governor,  Feb.  23,  1844.] 


Clldp,  QS*     -^^  -^^"^  ^"  addition  to  an  Act  making  provision  for  the  payment  of  the  Com- 
■*  monwealth's  subscription  to  the  stock  of  the  Western  Kail-road  Corporation. 

BE  it  enacted  by  the  Senate  and  House  of  Rej^resenta- 
tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 

Sect.  1.  The  treasurer  of  this  Commonweal'h,  acting 
with  the  advice  and  consent  of  his  excellency  the  governor 
and  council,  is  hereby  authorized  and  directed  to  make  sale 
of  so  much  of  the  scrip  created  by  the  one  hundred  and 
seventy-second  chapter  of  the  statutes  of  the  year  one  thou- 
sand eight  hundred  and  thirty-seven,  as  now  remains  un- 
sold ;  anything  in  said  chapter  to  the  contrary  notwith- 
standing :  provided,  however,  that  said  scrip  shall  not  be 
sold  at  less  than  its  par  value. 

Sect.  2.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  Feb.  23,  1844.] 


The  treasurer, 
with  the  advice 
and  consent, 
&c.,  may  sell 
the  residue  of 
the  Common- 
wealth's  scrip, 
for  not  less 
than  its  par 
value. 


"When  to  take 
eflect. 


Chap.  34. 


May  unite  their 
road  with  the 
Hartford  and 


An  Act  in  addition  to  an  Act  to  establish  the  Northampton  and  Springfield 
Rail-road  Corporation. 

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

Sect.  1.  The  Northampton  and  Springfield  Rail-road 
Corporation  are  hereby  authorized  to  locate,  construct  and 


1844. Chap.  34—35.  167 

unite  their   rail-road  with   the  Hartford   and   Springfield  fjfj'^fgff^*"" 
Rail-road,  or  with  the  Western  Rail-road,  at  any  place  in   Rail-road,  ia 
the  town  of  Springfield,  at  such  safe  and  convenient  point  Springfield,  at 
as  will  not  interfere  with  the  depot  bnildings,  or  incommode  ^^'^   ^°^^  ' 
the  depot  arrangements  of  said   Hartford  and  Springfield 
and  Western   Rail-road  Corporations  ;   and  in  the  location 
and  construction  of  their  road  as  aforesaid,  shall  have  all 
the  powers  and  privileges,  and  be  subject  to  all  the  duties, 
liabilities  and  provisions,  contained  in  that  part  of  the  thir- 
ty-ninth chapter  of  the  Revised  Statutes,  which  relates  to 
rail-road  corporations,  and  in   the  several  statutes  subse- 
quently passed,  relating  to  such  corporations. 

Sect.  2.     The  time  for  said  corporation  to  complete  their  Time  for  com- 
road,  is  hereby  extended  for  the  term  of  two  years  from  the  pletmj  road  ex- 

'  -'  J  tcnctecl  two 

first  day  of  March  next,  and  the  time  for  filing  the  location  years,  and  for 
of  their  route  with  the  county  commissioners  of  the  counties  locating  road 

err  1  ■  1    TT  T  T     r  i      •  i  i        ^"d  completinff 

ot  Hampshire  and   Hampden,  and  lor  completing  the  sub-  subscription 
scription  to  the  stock  in  said  corporation,  is  hereby  extended   extended  one 
for  one  year  from  the  first  day  of  March  next :    provided,  if  ^^c!'  ^"^"^^  ^  ' 
said  corporation  shall  not  have  filed  with  the  connty  com- 
missioners for  the  county  of  Hampden,  the  location  of  that 
part  of  their  route  between  the  Western  Rail-road  and  the 
Chickopee  River  within  nine  months  after  the  passage  of 
this  act;  or  if  said  corporation  shall  fail  to  complete  the 
grading,  bridging,  and  masonry  of  the  part  of  their  road 
aforesaid,  within   fifteen  months  after  the  passage  of  this 
act,  or  to  complete  and  open  for  use  the  part  of  their  road 
aforesaid,  by  the  first  day  of  October,  in  the  year  eighteen 
hundred  and  forty-five,  then  this  act  shall  be  void. 

Sect.  3.     Said  corporation  are  hereby  authorized  to  in-  Capital  stock 
crease  their  capital  stock  to  an  amount  not  exceeding  five  to  notTxceed- 
hundred  thousand  dollars,  by  creating  an  additional  num-  ing  $500,000, 
ber  of  shares,  not  exceeding  one  thousand  of  one  hundred   uonaUhal^es'of 
dollars  each.  siooeach. 

Sect.  4.     The  Legislature  may  authorize  any  other  rail-  The  Legisla- 
road  corporation,  at  their  own  expense,  to  unite  the  track  IhoH^Yhe"' 
of  their  road  with  the  said  Northampton  and  Springfield  junction  with  it 
Rail-road,  at  such  convenient  point  thereof  as  will  not  in-  raif.road^^aT 
terfere  with  any  depot  buildings  of  said  Northampton  and  such  point,  &c. 
Springfield  Rail-road. 

Sect.  5.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor^  Feb.  23,  1844.]  ^^^'^^• 

An  Act  to  reduce  the  Capital  Stock  of  the  Ocean  Bank  in  Newburyport.       ChdV.  3o. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloms  : 

Sect.  1.  From  and  after  the  first  day  of  April  next,  Stockmaybe 
the  president,  directors  and  company  of  the  Ocean  Bank,  $7oo!ooo'after 
in   Newburyport,  are  hereby  authorized    to   reduce   their  April  ist,  and 


168 


1844.- 


-Chap.  35—36. 


when  a  com- 
missioner shall 
have   reported, 


Reduction  to  be 
made  by  reduc- 
ing the  par 
value  ot  shares 
from  $iOO  to 


Tax  to  be 
levied  on  the 
present   capital 
till  April  1st, 
and  till  a  com- 
missioner shall 
have  reported. 


When  to  take 
effect. 


Chap,  36. 


capital  stock  to  the  sum  of  one  hundred  thousand  dollars : 
provided^  that  no  dividend  of  any  part  of  the  present  capital 
stock  shall  be  made,  nor  shall  any  reduction  take  place, 
until  a  commissioner,  to  be  appointed  by  the  governor  and 
council,  for  that  purpose,  at  the  expense  of  said  corpora- 
tion, shall  have  certified  in  writing  to  the  governor  and 
council,  after  due  examination,  that  the  said  corporation 
has  sufficient  funds  for  the  payment  of  all  notes,  bills,  de- 
posits, and  other  demands,  existing  against  it,  and  that 
after  payment  thereof,  and  the  repayment  to  its  stockhold- 
ers of  such  sum  on  each  share  of  said  stock,  as  said  com- 
missioner shall  judge  may  be  paid,  that  the  net  sum  of  one 
hundred  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  of  said 
bank  shall  be  made  by  reducing  the  par  value  of  the  shares 
in  the  same,  from  one  hundred  dollars  to  fifty  dollars  per 
share,  and  refunding  the  holders  of  stock,  the  difference 
ascertained  by  said  commissioner  as  before  provided. 

Sect,  3.  From  and  after  said  first  day  of  April  next, 
previous  to  which  time  the  commissioner  herein  provided 
for,  shall  make  and  deliver  his  certificate  to  the  governor 
and  council,  as  aforesaid,  all  the  rights,  duties,  and  liabili- 
ties of  said  bank,  shall  have  relation  to,  and  be  governed 
by,  said  reduced  capital  stock  of  one  hundred  thousand 
dollars ;  and  until  the  said  first  day  of  April  next,  and 
the  said  certificate  shall  have  been  made  and  delivered,  as 
aforesaid,  the  said  bank  shall  continue  to  pay  into  the 
treasury  of  the  Commonwealth  the  tax  required  by  law 
to  be  paid  on  the  present  capital  of  said  bank;  and  noth- 
ing contained  in  this  act  shall  be  construed  to  affect  the 
liability  of  the  corporation,  or  of  the  individual  stockhold- 
ers, as  established  by  the  act  incorporating  said  bank,  and 
the  several  acts  in  addition  thereto. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  Feb.  24,  1844.] 

An  Act  concerning  the  sale  of  the  stock  of  Manufacturing  Companies. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithorlty  of 
the  same,  as  follows  : 

The  fifth  section  of  the  ninth  chapter  of  the  Revised 


Tax  on  the  sale 

ingTt^ock^To^lbe  Statutes  is  hereby  so  amended,  that  the  tax  upon  the  sale 
i-iothof  1  per  of  any  shares  of  any  manufacturing  company,  incorporated 
^^^^'  under  the  authority  of  any  of  the  United  States,  shall  be 

and 
is 


one-tenth  of  one  per  cent,  on  the  amount  of  the  sales, 
so  much  of  the  said  section  as  is  inconsistent  herewith, 


hereby   repealed. 
1844.] 


[Approved  by  the   Governor,   Feb.   24, 


1844. Chap.  37—38.  169 

An  Act  to  reduce  the  capital  stock  of  the  Citizens  Bank,  in  Worcester.        Chctp.  37. 

BE  it  enacted  ly  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios  : 

Sect.  1.     From  and  after  the  first  day  of  April  next,  the  J^^P^^^^"^^ 
president,  directors  and  company  of  the  Citizens  Bank  of  $150,000  after 
Worcester,  are  hereby  authorized  to  reduce  their  capital  April  ist,  and 
stock  to  the  sum  of  one  hundred  and  fifty  thousand  dollars:  miJsbnerThali 
provided,  that  no  dividend  of  any  part  of  the  present  capital  have  reported, 
stock  shall  be  made,  nor  shall  such  reduction  take  place     ^' 
until  a  commissioner  to  be  appointed  by  the  governor  and 
council  for  that  purpose,  at  the  expense  of  said  corporation, 
shall  have  certified  in  writing  to  the  governor  and  council 
after  due  examination,  that  the  said  corporation  has  suffi- 
cient funds  for  the  payment  of  all  notes,  bills,  deposits,  and 
other  demands  existing  against  it ;  and  that  after  payment 
thereof  and  extinguishing  the  number  of  shares  hereby  au- 
thorized to  be  extinguished,  the  net  sum  of  one  hundred 
and  fifty  thousand  dollars,  Avill  remain  in  said  bank  as  cap- 
ital stock  in  funds  available  for  all  usual  and  proper  bank- 
ing purposes. 

Sect.  2.     To    reduce   the   said  capital  stock   as  afore-  Reduction  to  be 
said,  the  said  corporation  shall  extinguish  one  thousand  made  by  extin- 
shares   therein,  so  that  each  of  the  remaining  shares  shall   fhares?^  ^°'^° 
be  of  the  par  value  of  one  hundred  dollars. 

Sect.  3.     From  and  after  the  said  first  day  of  April  next.    Tax  to  be  le- 
previous  to  which  time  the  commissioner  herein  provided  y^*^  ^^^s  hereto- 
for,  shall  make  and  deliver  his  certificate  to  the  governor  ist^'and  till  a 
and  council  as  aforesaid,  all  the  rights,  duties  and  liabilities  commissioner 
of  said  bank   shall  have  relation  to  and  be  governed  by  poned.^^^  ^^' 
said  reduced  capital  stock  of  one  hundred  and  fifty  thou- 
sand dollars,  and  until  the  said  first  day  of  April  next,  and 
the  said  certificate  shall  have  been  made  and  delivered  as 
aforesaid,  the  said  bank  shall  continue  to  pay  into  the  treas- 
ury of  the  Commonwealth  the  tax  required  by  law  to  be 
paid  on  the  present  capital  of  said  bank ;  and  nothing  con- 
tained in  this  act  shall  be  construed  to  affect  the  liability  of 
the  corporation  or  the  individual  stockholders,  as  estab- 
lished by  the  act  incorporating  said  bank  and  the  several 
acts  in  addition  thereto. 

Sect.  4.     This  act  shall  take  effect  from  and  after  its  Whento  take 
passage.     [Appi'oved  by  the  Governor,  Feb.  24,  1844.]  ^^'^^'• 

An  Act  to  annex  a  part  of  the  town  of  Roxbury  to  the  town  of  Brookline.      G/lCip.  38. 

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

Sect.   1.     Jeremiah  Lyon,   with  all   the  other  persons,   Persons  and 
their  polls  and  estates,  and  all  the  lands  lying  within  a  lands  to  be  set 


170 


1844.- 


-Chap.  38—89. 


off  and  annex- 
ed. 


To  be  taxed  as 
heretofore  till 
next  valuation. 


Brooldine  to  be 
liable  for  pau- 
pers, &c. 


Chap.  39. 


May  be  extend- 
ed to  the  line 
of  1837. 


Must  be  built 
on  piles,  &c. 


line,  beginning  in  the  centre  of  Muddy  Brook,  at  the  junc- 
tion thereof  with  another  brook,  running  between  Roxbury 
and  Brook] ine,  across  the  Mill  Dam  road,  and  at  a  post 
there  set,  and  running  southerly  and  westerly  by  the  centre 
of  said  Muddy  Brook  through  the  estate  of  Henry  S.  Ward, 
thence  following  the  centre  of  said  brook  through  the  land 
of  Samuel  Wyman,  until  it  meets  a  stone  wall  dividing 
said  Wyman's  land  from  the  land  of  Joseph  Curtis ;  thence 
following  said  wall  nearly  in  a  northwesterly  direction, 
until  it  meets  the  present  line  of  division  between  Roxbury 
and  Brookline,  as  laid  down  on  a  plan  by  E.  T.  Woodward, 
Esq.,  surveyor,  dated  the  eighth  day  of  February,  eighteen 
hundred  forty-one,  are  hereby  set  off  from  the  town  of 
Roxbury,  and  annexed  to  the  town  of  Brookline,  in  the 
County  of  Norfolk. 

Sect.  2.  The  land  hereby  set  off  from  Roxbury  to 
Brookline,  and  the  persons  residing  thereon,  shall  be  liable 
and  holden  to  pay  their  just  proportion  of  all  taxes  which 
have  been  assessed  on  the  inhabitants  of  the  said  town  of 
Roxbury,  previous  to  the  passing  of  this  act,  and  also  their 
portion  of  all  county  and  State  taxes  that  may  be  assessed 
upon  said  town  of  Roxbury,  previous  to  the  taking  of  the 
next  State  valuation  :  said  proportion  to  be  ascertained  and 
determined  by  the  town  valuation  of  said  Roxbury;  and 
the  town  of  Brookline  shall  be  liable  for  the  support  of  all 
persons  who  now  do,  or  hereafter  may  stand  in  need  of 
relief  as  paupers,  whose  settlement  was  gained,  or  derived 
within  the  limits  described  in  the  first  section  of  this  act. 
[Approved  by  the  Governor,  Feb.  24,  1844.J 

An  Act  to  authorize  Thomas  A.  Rtist  to  extend  his  wharf. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Thomas  A.  Rust,  proprietor  of  a  wharf  in  Boston,  front- 
ing on  Causeway  Street,  and  lying  between  Charles  River 
and  Warren  Bridges,  is  hereby  authorized  to  extend  said 
wharf  into  the  harbor  channel,  so  far  as  the  line  established 
by  an  act  of  the  Legislature  passed  on  the  nineteeth  day  of 
April,  in  the  year  one  thousand  eight  hundred  and  thirty- 
seven,  entitled  "  an  act  to  preserve  the  harbor  of  Boston, 
and  to  prevent  encroachments  therein  ;  "  and  shall  have 
the  privilege  of  laying  vessels  at  the  sides  and  end  of  said 
wharf,  and  of  receiving  dockage  and  wharfage  therefor : 
provided,  that  so  much  of  said  wharf  as  shall  be  erected 
under  this  act,  extending  from  low  water  mark  to  the  above 
named  line,  shall  be  built  on  piles,  and  that  this  grant  shall 
in  nowise  interfere  with  the  legal  rights  of  any  person  or 
persons  whatsoever.  [Approved  by  the  Governor,  Feb.  24, 
1844.] 


1844. Chap.  40—42.  171 

An  Act  to  establish  the  Brigham  Fund  for  Education,  in  the  town  of  Marl-    CJjiQr),  40. 

borough.  "' 

BE  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives^ i?i  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     The  trustees  of  the  Brigham  Lecture  Fund,   Brigham  Lec- 
and    of  the   Brigham    School    Fund,    under   the   will   of  sXSund*^ 
Ephraim  Brigham,  are  hereby  authorized  and  empowered  may  be  united. 
to  unite  the  said  funds  into  one  common  fund,  to  be  called 
the  Brigham  Fund   for  Education,  in  the  town  of  Marl- 
borough, and  to  manage  and  invest  the  same  accordingly. 

Sect.  2.     The  said  trustees  are  hereby  authorized   and  Income  to  be 
empowered,  from  time  to   time,  to  pay  over  the  income  of  suJer'o/th6' 
the  said  fund,  as  the  same  shall  accrue,  to  the  treasurer  of  town. 
the  town  of  Marlborough. 

Sect.   3.     The  income  of  the  said  fund  shall   be   dis-  '^?.^^^^^' 
tributed   among  the  several  school  districts,   in    the   said  schoof districts', 
town,  and  appropriated  and  expended  for  the  purposes  of  &c. 
education,  in  the  same  way  and  manner,  that  the  money 
annually  raised  by  the  said  town,  for  the  use  of  schools,  is 
appropriated  and  expended.     [Aj)j)roved  by  the  Governor, 
Feb.  24,  1844.] 

An  Act  in  addition  to  "An  Act  to  incorporate  the  Second  Congregational    f^Uri'n    Al 
Society  in  Medford."  tv/tu/v.  ^i . 

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

Sect.  1.  So  much  of  third  section  of  an  act,  entitled 
"  an  act  to  incorporate  the  Second  Congregational  Society, 
in  Medford,"  passed  February  21,  1824,  as  it  contained  in 
the  following  Avords,  to  wit:  '■'•provided,  nevertheless,  that  Proviso  in  third 
the  assessments  to  be  made  on  the  polls  and  estates  of  the 
respective  members  of  the  said  society,  during  any  year,  pealed. 
for  the  purposes  aforesaid,  shall  in  no  case  exceed  the  as- 
sessments ihat  during  the  same  year  may  be  made  upon 
the  polls  and  estates  of  the  respective  members  of  the  First 
Congregational  Society,  in  Medford,  for  like  purposes,  re- 
gard being  had  to  the  relative  value  of  their  estates,"  is 
hereby  repealed.  \Approved  by  the  Governor,  Feb.  24, 
1844.] 

An  Act  concerning  the  manufacture  of  Barrels  for  packing  Pickled  Fish.      ChctJ).  42. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follovs  : 

Sect.  1.     In  addition  to  the  regulations  and  restrictions.   Barrels  for 
imposed  by  the  seventy-eighth  section  of  the  twenty-eighth  P|f |^'^de^of  a° 
chapter  of  the  Revised  Statutes,  on   the  manufacture   of  certain  thick- 
barrels  for  packing  or  repacking   pickled    fish,  all  white  "^^s- 


section  of  for- 
mer act  re- 


172 


1844.- 


-Chap.  42—43. 


When  to  take 
effect. 


oak  barrels  which  shall  be  hereafter  manufactured  for  such 
purpose,  shall  be  made  of  staves  not  less  than  half  an  inch 
in  thickness ;  all  ash,  red  oak,  and  chesnut  barrels,  shall 
be  made  of  staves,  not  less  than  five  eighths  of  an  inch  in 
thickness ;  all  pine  and  spruce  barrels  shall  be  made  of 
staves  not  less  than  three  fourths  of  an  inch  in  thickness ; 
and  the  heads  of  all  barrels  manufactured  for  the  packing 
of  pickled  fish,  shall  be  at  least  three  fourths  of  an  inch  in 
thickness. 

Sect.  2.  The  provisions  of  this  act  shall  take  effect 
from  and  after  the  first  day  of  December  next.  [Approved 
by  the  Governor,  Feb.  24,  1844.] 


Chap.  43. 


Capital  to  be 
reduced  to 
$200,000  from 
April  1st,  and 
■when  a  com- 
missioner shall 
have  reported. 


Reduction  to 
be  made  by  ex- 
tinguishing 500 
shares. 


Tax  to  be 
levied  as  here- 
tofore till  April 
1st,  and  till  the 
commissioner 
shall  have  re- 
ported. 


An  Act  to  reduce  the  Capital  Stock  of  the  Lowell  Bank. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  Qeneral  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  From  and  after  the  first  day  of  April  next,  the 
president,  directors  and  company  of  the  Lowell  Bank,  are 
hereby  authorized  to  reduce  their  capital  stock  to  the  sum 
of  two  hundred  thousand  dollars  :  provided,  that  no  divi- 
dend of  any  part  of  the  present  capital  stock  shall  be 
made,  nor  shall  such  reduction  take  place,  until  a  commis- 
sioner, to  be  appointed  by  the  governor  and  council,  for 
that  purpose,  at  the  expense  of  said  corporation,  shall  have 
certified,  in  writing,  to  the  governor  and  council,  after  due 
examination,  that  the  said  corporation  has  sufficient  funds 
for  the  payment  of  all  notes,  bills,  deposits  and  other  de- 
mands existing  against  it,  and  that,  after  the  payment 
thereof  and  extinguishing  the  number  of  shares  hereby 
authorized  to  be  extinguished,  the  net  sum  of  two  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  five  hundred  shares 
therein,  so  that  each  of  the  remaining  two  thousand  shares 
shall  be  of  the  par  value  of  one  hundred  dollars. 

Sect.  3.  From  and  after  the  said  first  day  of  April 
next,  previous  to  which  time  the  commissioner,  herein  pro- 
vided for,  shall  make  and  deliver  his  certificate  to  the  gov- 
ernor and  council,  as  aforesaid,  all  the  rights,  duties,  and 
liabilities,  of  said  bank,  shall  have  relation  to  and  be  gov- 
erned by  said  reduced  capital  stock  of  two  hundred  thou- 
sand dollars.  And  until  the  said  first  day  of  April  next, 
and  the  said  certificate  shall  have  been  made  and  deliv- 
ered as  aforesaid,  the  said  bank  shall  continue  to  pay  into 
the  treasury  of  the  Commonwealth  the  tax  required  by 
law  to  be  paid  on  the  present  capital  of  said  bank.     And 


1844. Chap.  43—44.  173 

nothing  contained  in  this  act  shall  be  construed  to  affect 
the  liability  of  the  corporation,  or  of  the  individual  stock- 
holders, as  estabhshed  by  the  act  incorporating  said  bank, 
and  the  several  acts  in  addition  theroto. 

Sect.  4.     This  act  shall   take  effect  from  and  after  its  when  to  take 
passage.     [Approved  by  the  Governor ^  Feb.  24,  1844. J  ^^^'=^- 

An  Act  in  addition  to  an  Act  relating  to  the  Court  of  Common  Pleas  and     QJidZ),  44. 
the  Municipal  Court  of  the  city  of  Boston.  ■^' 

BE  it  enacted  bij  the  Senate  and  House  of  Representa- 
tlves^  in  General  Court  assembled,  and  by  the  authority  of 
the  same^  as  folloics  : 

Sect.  1.     All  actions,  suits  and  prosecutions,  in  the  name  Suits  and  pros- 
of  the  Commonwealth,  upon  recognizances  taken  in  anv  ecutions, &c., 

1  ■  '       r  o    _  /.  ^,     s      upon  recogni- 

crmimai  prosecution  or  proceeding  ni  the  county  or  Suf-  zances  in  Suf- 
folk, may  be  brought  in  and  before  the  municipal  court  of  [oik,  maybe 
the  city  of  Boston,  and  said  municipal  court  shall  have  the  municipal 
jurisdiction   thereof,  concurrent   with  the  court  of  common  court  of  Boston, 
pleas  and  supreme  judicial  court,  in   said  county,  in  all 
cases  wherein   said  court  of  common  pleas  and  supreme 
judicial   court  respectively  now  have  jurisdiction  ;  and  all  Which  court 

•./•ii  r^i  u-  c  I  ■       shall  have  con- 

writs  tor  the  recovery  oi  the  penalties  oi    such  recogni-  current  juris- 
zances  shall   be   in   the  forms  prescribed  by  law,  and  may  diction  thereof 
be  sued  out  in  term  time  or  vacation,  and  shall  be  served  rt'common""^ 
fourteen  days  before  the  term  at  which  they  are  returnable  ;   pleas  and  the 
and  said  municipal  court  shall  have   power  and  authority  ^"P""^"^®  <=°"'^*- 
to  render  judgment  for  the  whole,  or  any  part  they  think 
proper,  of   the  penal   sum  of  such  recognizances   respec- 
tively, and  interest  thereon,  and  issue  writs  of  execution, 
in  form  prescribed  by  law,  against  the  party  sued  in  said 
actions,   and  the  said  writs  of  execution  shall  be  tested, 
sealed,  directed,  and  served  in  the  same  manner  as  writs 
of  execution  issuing  from  the  court  of  common  pleas  of 
said  Commonwealth, 

Sect.  2.     The  seal  of  the  said  municipal  court  shall  in  Seal,  the  same 
all  cases  be  the  same  as  that  of  the  court  of  common  pleas  ^^^""""^ 

-        .  -,  r^  II  ^  common  pleas. 

ot  said  Commonwealth. 

Sect.  3.     The  clerk  of  the  said  municipal  court,  seven  Clerk  of  muni- 
days   at  least,   and  not  more   than   fourteen   days,    before  ^'l""'  coun  to 

1  r   \  ■  ^  ■  1      v>         Ti/F  issue  writ  for 

each  term  of  the  said  court,  commencing  on  the  first  Mon-  grand  jurors, 
day  of  .lanuary,  and  the  first  Monday  of  July,  in  each  ^*^- 
year,  shall  issue  a  writ  of  venire  facias  for  twenty-three 
grand  jurors  to  serve  in  said  court,  twenty-two  of  whom 
shall  be  drawn  and  returned  from  the  city  of  Boston,  and 
one  from  the  town  of  Chelsea,  in  said  county  of  Suffolk, 
and  the  grand  jurors,  so  returned,  shall  constitute  the  grand 
inquest  of  the  Commonwealth  for  said  county,  for  the 
term  of  six  months,  and  until  another  grand  jury  is  im- 
pannelled  in  their  stead  ;  and  the  second  section  of  the  one 
hundred  and  thirty-sixth  chapter  of  the  Revised  Statutes 
23 


174 


1844.- 


■Chap.  44-— 45. 


Process  to  be 
issued  on  in- 
dictments for 
capital  offences 
found  by  grand 
jury  attending 
the  municipal 
court,  &c. 


Repeal  of  for-  is  hereby  repealed,  saving  and  excepting  that  all  grand 
mer provision,  j^jj-ors,  sworn  and  impannelled  for  said  county  according 
to  law,  and  not  discharged  before  this  act  shall  take  effect, 
shall  constitute  the  grand  jury  for  the  said  municipal  court, 
and  also  for  the  supreme  judicial  court,  in  said  county  of 
Suffolk,  until  another  grand  jury  shall  be  sworn  and  im- 
pannelled in  their  stead  by  virtue  of  this  act. 

Sect.  4.  If  the  grand  jury,  attending  at  any  term  of 
the  municipal  court,  shall  find  and  return  to  the  court  any 
indictment  for  any  crime  punishable  with  death,  if  the 
person  accused  be  not  in  custody,  process  shall  be  forth- 
with issued  for  the  arrest  of  the  party  charged  with  such 
offence,  and  the  party  so  charged  shall,  as  soon  as  may  be, 
be  served  with  a  copy  of  the  indictment  by  the  sheriff'  or 
his  deputy,  with  an  order  of  court  giving  notice  to  the 
accused,  that  the  indictment  will  be  entered  at  the  supreme 
judicial  court  next  to  be  holden  in  and  for  said  count)'-  of 
Suffolk,  or  at  any  intermediate  time  before  the  next  term 
when  said  supreme  judicial  court  shall  be  in  session  in 
said  county,  and  notice  of  such  indictment  shall  also  be 
forthwith  given  to  the  chief  or  first  justice  of  that  court  by 
the  clerk  of  said  municipal  court;  and  the  said  clerk  shall 
transmit  and  certify  the  original  indictment  to  the  supreme 
judicial  court  at  the  next  term  thereof,  or  at  any  interme- 
diate time  when  said  supreme  judicial  court  shall  be  in 
session  in  said  county,  where  it  shall  be  entered,  and  the 
said  supreme  judicial  court  shall  then  and  there  have  full 
cognizance  and  jurisdiction  thereof,  and  the  same  proceed- 
ings shall  be  had,  as  if  the  said  indictment  had  been  found 
and  returned  in  said  supreme  judicial  court. 

Sect.  5.  The  sixth  section  of  the  seventh  chapter  of 
the  act  of  the  year  eighteen  hundred  and  forty-three,  to 
which  this  act  is  in  addition,  entitled  "  an  act  relating  to 
the  court  of  common  pleas  and  the  municipal  court  of  the 
city  of  Boston,"  is  hereby  repealed. 

Sect.  6.  This  act  shall  take  effect  from  and  after  the 
first  Monday  of  April  next.  [Approved  by  the  Goveimor, 
Feb.  24,  1844.] 

Chap,  45.    An  Act  in  addition  to  "  an  Act  to  repeal  the  Act  establishing  the  Board  of 
■'■  Bank  Commissioners." 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  folloivs  : 

Sect.  1.  In  all  cases  where  proceedings  had  been  com- 
menced and  instituted  under  the  act  entitled  "  an  act  pro- 
viding for  the  appointment  of  bank  commissioners,"  passed 
on  the  twenty-third  day  of  February,  in  the  year  one  thou- 
sand eight  hundred  and  thirty-eight,  prior  to  the  repeal 
thereof;  the  said  act  shall  be  deemed  to  have  continued  in 


Repeal  of  for- 
mer provision. 


When  to  take 
effect. 


Continuance  of 
former  act  as  to 
proceedings 
commenced 
prior  to  its  re- 
peal. 


1844.- 


■Chap.  45 — 48. 


175 


force,  and  shall  continue  in  force,  for  the  full  and  final  dis- 
position of  all  matters  so  commenced  and  instituted,  in  the 
same  manner  as  if  said  act  entitled  "  an  act  to  repeal  the 
act  establishing  the  board  of  bank  commissioners  "  had 
not  been  passed. 

Sect.  2.     No  costs  shall  be  recovered  by  any  party,  either  Costs  not  to  be 
as  principal  or  trustee,  to  any  snit  or  action,  which  was  sdtJcom^"^ 
commenced  subsequently  to  the  passage  of  the  act  to  which   menced  after 
this  is  in  addition,  and  which  shall  be  abated,  defeated  or  ^^le  repeal, &c. 
dismissed,  by  reason  of  the  passing  of  this  act. 

Sect.  3.     This  act  shall  take  effect  from  and  after  its   Whea  to  take 
passage.     [Approved  by  the  Governor,  Feb.  24,  1844.]  ^^^^^' 


An  Act  to  continue  the  Franklin  Mutual  Fire  Insurance  Company. 

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

The  Franklin  Mutual  Fire  Insnrance  Company,  incor- 
porated in  the  year  eighteen  himdred  and  twenty-eight, 
shall  continue,  and  the  act  incorporating  the  same  shall  re- 
main in  force,  for  the  term  of  twenty  years  from  the  eleventh 
day  of  February  eighteen  hundred  and  forty-eight ;  with 
all  the  powers  and  privileges,  and  subject  to  all  the  duties, 
liabilities  and  restrictions,  set  forth  in  the  thirty-seventh 
and  forty-fourth  chapters  of  the  Revised  Statutes.  [Ap- 
proved by  the  Governor,  Feb.  24,  1844. J 


Chap.  46. 


Corporation 
continQed  for 
twenty  years 
from  1848. 


An  Act  to  incorporate  the  Farmer's  Mutual  Fire  Insurance  Company. 

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

David  Mighill,  Oilman  Perley,  Asa  Nelson,  their  associ- 
ates and  successors,  are  hereby  made  a  corporation,  by  the 
name  of  the  Farmer's  Mutual  Fire  Insurance  Company  in 
the  town  of  Georgetown,  in  the  County  of  Essex,  for  the 
term  of  twenty-eight  years,  for  the  purpose  of  insuring 
dwelling  houses  and  other  buildings  and  personal  property 
throughout  the  Commonwealth,  against  loss  by  fire,  with 
all  the  powers  and  privileges,  and  subject  to  all  the  duties, 
liabilities  and  restrictions,  set  forth  in  the  thirty-seventh 
and  forty-fourth  chapters  of  the  Revised  Statutes.  [Ap- 
proved by  the  Governor,  Feb.  24,  1844. J 

An  Act  to  reduce  the  capital  stock  of  the  Mechanics  Bank  at  South  Boston.    /^A^^    A Q 

BE  it  enacted  by  the  Senate  and  Hnise  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloros  : 

Sect.  1.     That  from  and  after  the  first  day  of  April  next,   May  be  reduced 
the  president,  directors,   and   company  of  the  Mechanics  to  $120,000  af- 


Chap.  47. 


Persons  incor- 
porated. 


For  twenty- 
eight  years. 

To  insure  fire 
risks. 


176 


1844.- 


-Chap.  48—49. 


ter  April  Ist, 
and  when  a 
commissioner 
shall  have  re- 
ported) &c. 


Reduction  to  be 
made  by  extin- 
guishing 300 
share  s> 


Tax  to  be 
levied  as  here- 
tofore, till  after 
April  Isi,  and 
till  a  com- 
missioner shall 
have  reported. 


When  to  take 
e  fleet. 


Bank,  at  South  Boston,  are  hereby  anthorized  to  reduce 
their  capital  stock  to  the  sum  of  one  hundred  and  twenty 
thousand  dollars  :  provided^  that  no  dividend  of  any  part  of 
the  present  capital  stock  shall  be  made,  nor  shall  such  re- 
duction take  place,  until  a  commissioner  to  be  appointed  by 
the  governor  and  conncil  for  that  purpose,  at  the  expense 
of  said  corporation,  shall  have  certified  in  writing  to  the 
governor  and  conncil,  after  due  examination,  that  the  said 
corporation  has  sutiicient  funds  for  the  payment  of  all  notes, 
bills,  deposits  and  other  demands  existing  against  it;  and 
that  after  the  payment  thereof,  and  extinguishing  the  num- 
ber of  shares  hereby  authorized  to  be  extinguished,  the  net 
sum  of  one  hundred  and  twenty  thousand  dollars  will  re- 
main in  said  bank  as  capital  stock  in  funds  available  for 
all  usual  and  proper  banking  purposes. 

Sect.  2.  To  reduce  the  said  capital  stock  as  aforesaid, 
the  said  corporation  shall  extinguish  three  hundred  shares 
therein,  so  that  each  of  the  remaining  twelve  hundred  shares 
shall  be  of  the  par  value  of  one  hundred  dollars. 

Sect.  3.  From  and  after  the  said  first  day  of  April  next, 
previous  to  which  time  the  commissioner  herein  provided 
for,  shall  make  and  deliver  his  certificate  to  the  governor 
and  council  as  aforesaid,  all  the  rights,  duties  and  liabilities 
of  said  bank,  shall  have  relation  to  and  be  governed  by 
said  reduced  capital  stock  of  one  hundred  and  twenty  thou- 
sand dollars;  and  until  the  said  first  day  of  April  next,  and 
the  said  certificate  shall  have  been  made  and  delivered  as 
aforesaid,  said  bank  shall  continue  to  pay  into  the  treasury 
of  the  Commonwealth,  the  tax  required  by  law  to  be  paid 
on  the  present  capital  of  said  bank;  and  nothing  contained 
in  this  act  shall  be  construed  to  affect  the  liability  of  the 
corporation  or  of  the  individual  stockholders,  as  established 
by  the  act  incorporating  said  bank. 

vSegt.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Apjjroved  by  the  Governor,  Feb.  24,  1844.] 


Chap.  49.    An  Act  authorizing  Isaiah  Hinckley  to  build  a  wharf  in  Barnstable  Harbor. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, i?i  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Isaiah  Hinckley  is  hereby  authorized  to  build  a  wharf 
from  his  land,  at  the  foot  of  his  homestead  estate,  adjoining 
the  harbor  of  Barnstable,  and  to  extend  said  wharf  to  the 
southern  line  of  the  channel  of  said  harbor,  or  into  six  feet 
of  water  at  low  tide :  jnovided,  that  the  whole  length  of 
said  wharf  shall  not  exceed  four  hundred  feet,  and  that  this 
grant  shall  in  no  wise  impair  the  legal  rights  of  any  persons 
whatever.     [Approved  by  the  Gover?ior,  Feb.  24,  1844.] 


Liberty  to 
build  a  wharf 
on  certain  con- 
ditions. 


1844.. 


-Chap.  50—51. 


177 


An  Act  to  reduce  the  capital  stock  of  the  Adams  Bank. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled^  and  by  the  anthoriiy  of 
the  same,  as  follows  : 

Sect.  1.  That  from  and  after  the  first  day  of  April  next, 
the  president,  directors  and  company  of  the  Adams  Bank 
are  hereby  authorized  to  reduce  their  capital  stocic  to  the 
sum  of  one  hundred  thousand  dollars  :  p7'ovidcd,  that  no 
dividend  of  any  part  of  the  present  capital  stock  shall  be 
made,  nor  shall  such  reduction  take  place  until  a  commis- 
sioner, to  be  appointed  by  the  governor  and  council  for  that 
purpose,  at  the  expense  of  said  corporation,  shall  have  certi- 
fied, in  writing,  to  the  governor  and  council,  after  due  exam- 
ination, that  tliesaid  corporation  has  sufiicient  funds  for  the 
payment  of  all  notes,  bills,  deposits,  and  other  demands  ex- 
isting against  it,  and  that  after  the  payment  thereof,  and 
extinguishing  the  number  of  shares  hereby  authorized  to  be 
extinguished,  the  net  sum  of  one  hundred  thousand  dollars 
will  remain  in  said  bank  as  capital  stock,  in  funds  available 
for  all  usual  and  proper  banking  purposes. 

Sect.  2.  To  reduce  the  said  capital  stock  as  aforesaid, 
the  said  corporation  shall  extinguish  one  thousand  shares 
therein,  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  said  first  day  of  April  next, 
previous  to  which  time  the  commissioner  herein  provided 
for,  shall  make  and  deliver  his  certificate  to  the  governor 
and  council  as  aforesaid,  all  the  rights,  duties  and  liabilities 
of  said  bank,  shall  have  relation  to  and  be  governed  by 
said  reduced  capital  stock  of  one  hundred  thousand  dollars, 
and  until  the  said  first  day  of  April  next,  and  the  said  cer- 
tificate shall  have  been  made  and  delivered  as  aforesaid, 
said  bank  shall  continue  to  pay  into  the  treasury  of  the 
Commonwealth  the  tax  required  by  law  to  be  paid  on  the 
present  capital  of  said  bank;  and  nothing  contained  in  this 
act  shall  be  construed  to  affect  the  liability  of  the  corpora- 
tion, or  of  the  individual  stockholders,  as  established  by 
the  act  incorporating  said  bank,  and  the  several  acts  in 
addition  thereto. 

Sect.  4.  This  act  shall  take  efiect  from  and  after  its 
passage.     [Approved  by  the  Governor,  Feb.  24,  1844.] 


Chap.  50. 


Capital  to  be 
reduced  after 
April  1st,  and 
■when  a  com- 
missioner shall 
have  reported. 


Reduction  to  be 
made  by  extin- 
guishing 1000 
shares. 


Tax  to  be  le- 
vied as  hereto- 
fore, till  April 
1st,  and  till  a 
commissioner 
shall  have  re- 
ported. 


When  to  take 
effect. 


An  Act  concerning  the  inspection  of  Clam  Bait.  CIlClT)    5 1 

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

All  provisions  of  law  now  existing  relating  to  the  inspcc-   Repeal  of  for- 


tion  of  claim  bait,  are  hereby  repealed. 
Governor,  Feb.  24,  1844.] 


[Approved  by  the  mer  laws 


178 


1844.. 


-Chap.  52—55. 


Chap. 


Parish  treasu- 
rer authorized 
to  convey. 


Proceeds,  how 
to  be  applied. 


52.    -^11  Act  to  authorize  the  First  Parish,  in  Plympton,  to  sell  Parsonage  Land. 

BE  it  enacted  by  the  Sejiate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1  The  First  Parish,  in  Plympton,  is  hereby  au- 
thorized to  sell  a  part  or  the  whole  of  a  tract  of  land  be- 
longing to  said  parish,  situated  in  said  town  ;  and  the  trea- 
surer of  said  parish  for  the  lime  being,  is  authorized  to  ex- 
ecnte  a  deed  or  deeds  to  convey  the  same. 

Sect.  2.  The  proceeds  of  the  sale  of  said  property  shall 
be  applied,  so  far  as  may  be  necessary,  to  the  payment  of 
the  debts  of  said  parish,  and  the  balance  of  proceeds  after 
the  payment  of  said  debts,  shall  be  applied  to  such  paro- 
chial purposes  as  said  parish  shall  direct.  [Approved  by 
the  Governor,  Feb.  24,  1844.] 


Chap.  53. 


To  be  extended 
into  six  feet  of 
water  at  low 
tide. 


An  Act  to  authorize  Thomas  Lothrop  to  extend  his  Wharf. 

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

Thomas  Lothrop  is  hereby  authorized  to  extend  and 
maintain  the  wharf  now  owned  by  him,  and  adjoining  his 
land  in  Provincetown,  into  the  harbor  of  said  Province- 
town,  to  the  depth  of  six  feet  of  water  at  the  lowest  tides ; 
and  shall  have  the  right  to  lay  vessels  at  the  end  and  sides 
of  said  wharf,  and  receive  dockage  and  wharfage  therefor : 
provided,  this  grant  shall  not  in  any  manner  interfere  with 
the  legal  rights  of  any  persons  whatever.  [Approved  by  the 
Governor,  Feb.  24,  1844.] 

Chap.  o4i.    An  Act  to  incorporate  the  Attleborough  Mutual  Fire  Insurance  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam^e,  as  follows  : 

John  Daggett,  Jonathan  Bliss,  Samuel  Carpenter;  their 
associates  and  successors,  are  hereby  made  a  corporation, 
by  the  name  of  the  Attleborough  Mutual  Fire  Insurance 
Company,  in  the  town  of  Attleborough,  in  the  county  of 
Bristol,  for  the  term  of  twenty-eight  years,  for  the  purpose 
of  insuring  dwelling  houses,  and  other  buildings,  and  per- 
sonal property,  throughout  the  Commonwealth,  against  loss 
by  fire;  with  all  the  powers  and  privileges,  and  subject  to 
all  the  duties,  liabilities  and  restrictions,  set  forth  in  the 
thirty-seventh  and  forty-fourth  chapters  of  the  Revised 
Statutes.     [Approved  by  the  Governor,  Feb.  24,  1844.J 


Persons  incor 
porated. 


For  28  years. 


To  insure  fire 
risks. 


Chap.  p5. 


Persons  incor- 
porated. 


An  Act  to  incorporate  the  Proprietors  of  the  Elliot  Meeting-house,  in  Naiick. 

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

Elijah  Perry,    Thomas  Sawin,   John  Atkins,   and  such 


1844. Chap.  55—57.  179 

other  persons  as  Avere  contributors  to  the  building  of  the 
meeting-house  erected  near  the  South  Burying  Ground,  in 
Natick,  and  the  assigns  and  legal  representatives  of  such 
contributors,  are  liereby  made  a  corporation,  by  the  name 
of  the  Proprietors  of  the  Elliot  Meeting-house,  in  Natick, 
with  all  the  rights  and  privileges,  and  subject  to  all  the  du- 
ties and  liabilities,  contained  in  the  forty-fourth  chapter  of 
the  Revised  Statutes :  j^rovided,  that  the  said  coporation 
shall  not  be  at  liberty  to  hold  any  property,  real  or  personal,  To  hold  no 
other  than  the  said  meeting-house  estate,  [Ajyproved  by  the  °^^^^  property. 
Governor,  Feb.  29,  1844.J 

An  Act  to  incorporate  the  Agricultural  Society  of  the  County  of  Hampden.    CyJidj),  56. 

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

Sect.  1.     William  B.  Calhoun,  Forbes  Kyle,  D.  W.  Wil-  Persons  incor- 
lard,   their  associates  and  successors,   are  hereby  made  a  P°'^^^^'^- 
corporation,  by  the  name  of  the  Hampden  Agricultural  So- 
ciety,  for  the  encouragement  of  agriculture  and   the  me- 
chanic arts  in  the  county  of  Hampden,  by  premiums  and 
other  means,  with  all  the  powers  and  privileges,  and  sub- 
ject to  all  the  duties,  restrictions  and  liabilities,  set  forth  in  the 
forty-second  and  forty-fourth  chapters  of  the  Revised  Stat- 
utes.   And  said  corporation  may  hold  and  manage  real  estate  Real  and  per- 
not  exceeding,  in  value,  fifteen  thousand  dollars,  and  person-  ^°"|*^  ^^l^^o  ex- 
al  estate  not  exceeding  a  like  sum,  for  the  purposes-  aforesaid.   ceed'$i5,ooo. 

Sect,  2.     William   B.   Calhoun  of  Springfield,    in  said 
county,  is  hereby  authorized  to  call  the  first  meeting  of  said  Call  of  first 
society  under  this  act,  by  publishing  the  time  and  place  of  "^^^^^^s- 
meeting  in  the  several  newspapers  published  in  the  coimty 
of  Hampden,  fifteen  days  at  least  before  the  time  of  meet- 
ing.    [Approved  by  the  Governor,  March  5,  1844.] 

An  Act  to  incorporate  the  St.  Mary's  Mutual  Benevolent  Catholic  Total  Ab-    /^7,  ,,„     C7 
stinence  Society.  ^  lUip.  O I . 

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

Sect.  1,  Thomas  Power,  James  B.  Clinton,  and  John  Persons  mcor- 
Greeti,  their  associates  and  successors,  are  hereby  made  a  porated. 
corporation,  by  the  name  of  the  Saint  Mary's  Mutual  Be- 
nevolent Catholic  Total  Abstinence  Society,  for  the  purpose 
of  promoting  the  cause  of  temperance,  and  of  relieving  one 
another  when  in  circumstances  of  want  or  distress,  with 
all  the  powers  and  privileges,  and  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  the  forty-fourth  chap- 
ter of  the  Revised  Statutes. 

Sect.  2.     The  corporation  hereby  created  may  hold  real  Estate  not  to 
or  personal  estate,  or  both,  to  the  amount  of  twenty  thous-  exceed  $20,000, 


180 


1844.- 


■Chap.  57—59. 


and  dollars,  to  be  devoted  exclusively  to  the  charitable  and 
other  purposes  above  mentioned.  \^Approved  by  the  Gov- 
ernoi\  March  G,  18 44. J 

Chap.  58.    An  Act  authorizing  the  Boston  and  Roxbury  Mill  Corporation  to  extend  their 

wharf. 

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

Sect.  1.  The  Boston  and  Roxbury  Mill  Corporation, 
proprietors  of  a  wharf  in  the  westerly  part  of  the  city  of 
Boston,  lying  at  the  westerly  end  of  Beacon  street,  and  on 
the  northerly  side  of  said  street  and  the  western  avenue,  so 
called,  and  extending  to,  and  bounding  northerly  on,  the 
land  now  or  formerly  belonging  to  Jarvis  Braman,  are 
hereby  authorized  to  extend,  and  maintain  their  said  wharf, 
To  be  extended  into  the  harbor  channel  as  far  as  the  line  estabHshed  by  an  act 
to  the  line,  &c.  entitled  "an  act  concerning  the  harbor  of  Boston,"  passed 
on  the  seventeenth  day  of  March,  in  the  year  one  thous- 
and eight  hundred  and  forty,  and  by  an  act  entitled  "an 
act  in  addition  to  an  act  concerning  the  harbor  of  Boston," 
passed  on  the  sixth  day  of  March,  in  the  year  one  thousand 
eight  hundred  and  forty-one;  and  shall  have  the  right  and 
privilege  of  laying  vessels  at  the  end  of  said  wharf,  when 
extended,  and  of  receiving  dockage  and  wharfage  therefor  : 
Provided,  &c.  provided,  that  so  much  of  said  wharf  as  shall  be  erected 
under  this  act  north  of  a  line  drawn  parallel  to  the  north 
wall  of  said  avenue,  and  two  hundred  feet  distant  there- 
from, shall  be  built  on  piles  ;  and  that  no  building  shall  be 
placed  on  said  wharf  south  of  a  line  drawn  parallel  to  the 
line  of  the  north  wall  of  said  avenue,  and  twenty  feet  dis- 
tant therefrom,  and  that  this  grant  shall  in  no  wise  inter- 
fere with  the  legal  rights  of  any  person  or  persons  what- 
ever :  and  provided  also,  that  the  authorities  of  the  city  of 
Boston  shall  have  the  right  to  extend  Byron  street,  so  call- 
ed, to  the  channel  over  the  land  so  made,  and  to  lay,  con- 
tinue and  maintain  all  necessary  drains  under  the  same. 
[Approved  by  the  Governor,  March  6,  1844.] 


Chap.  59. 


Limitation  to 
certain  days. 


An  Act  further  to  regulate  the  Fisheries  in  the  Little  River. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assetnbled,  and  by  the  aiithority  of 
the  same,  as  follows  : 

Sect.  1.  The  inhabitants  of  the  towns  of  West  Cam- 
bridge and  Somerville,  in  the  county  of  Middlesex,  who 
now  have  by  law  the  right  to  take  fish  in  that  section  of 
the  Little  river,  so  called,  which  lies  north  of  Alewive 
bridge,  and  the  winter-hill  road,  in  said  towns,  shall  here- 
after have  the  right  to  take  fish  there  on  four  days,  succes- 
sively, in  five  of  the  days  on  which  they  have,  by  law, 


1844. Chap.  59—60.  181 

heretofore  had  such  right,  computing  from  the  first  day  of 
March  in  each  year,  and  on  no  other  day. 

Sect.  2.     Every  person  offending  against  this  act,  shall  fadfolience'not 
forfeit  and  pay  to  any  person,  who  shall  sue  for  the  same,   more  ihan  $20 
a  sum  not  exceeding  twenty  dollars  for  each  offence.  to  prosecutor. 

Sect.   3.     This   act  shall   take  effect   from  its  passage,   when  to  take 
[Approved  by  the  Governor,  March  6,  1844. J 


effect. 


Chap.  60. 


An  Act  authorizing  the  Taunton  Branch  Rail-road  Corporation  to  extend 
their  road  and  increase  their  Capital  Slock. 

BE  it  enacted  by  the  Senate  and  House  of  Repj-esenta- 
tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  Taunton  Branch  Rail-road  Corporation  Road  to  be  ex- 
is  hereby  authorized  to  locate  and  construct  a  rail -road  in  lain  directions 
the  town  of  Taunton,  commencing  at  a  point  on  the  New  and  distances. 
Bedford  and  Taunton  Rail-road,  between  the  depot  of  said 
corporation  and  the  rear  of  the  dwelling-house  of  Francis 
Baylies ;  thence  running  south  ten  degrees  east,  seven 
hundred  and  fifty  feet;  thence  south,  five  and  three  quar- 
ter degrees  east,  thirteen  hundred  and  fifty  feet;  thence 
south,  sixteen  degrees  west,  six  hundred  feet;  thence 
south,  nine  degrees  west,  four  hundred  feet ;  thence  south, 
nine  degrees  east,  twenty-two  hundred  feet ;  thence  one 
hundred  and  fifty  feet  to  the  Taunton  river,  in  said  town 
of  Taunton  :  provided,  nevertheless,  that  said  corporation 
shall  have  the  right  to  locate  the  road,  aforesaid,  upon  a 
line  between  the  said  termini,  and  varying  westerly  of  the 
line  above  described,  not  exceeding  eight  hundred  feet  in 
distance.  And  in  locating  and  constrncting  said  road,  said 
corporation  shall  have  all  the  powers  and  privileges,  and 
be  subject  to  all  the  duties,  restrictions  and  liabilities,  con- 
tained in  the  thirty-ninth  chapter  of  the  Revised  Statutes, 
and  other  subsequent  statutes,  so  far  as  the  same  may 
relate  to  rail-road  corporations. 

Sect.  2.     Said  corporation  is  hereby  authorized  to  in-  Capital  stock 
crease  its  capital  stock  by  the  creation   of  an  additional   to  he  increased 

I  J  Qv  not  morG 

number  of  shares,  not  exceeding  two  hundred  and  fifty  of  than2o0 shares 

one  hundred  dollars  each  ;  said  shares  to  be  disposed  of  in  "^  $100  each. 
such  manner  as  said  corporation  shall  determine. 

Sect.  3.     If  the   location  of  said  road  shall  not  be  filed  Road  to  be  lo- 

•  I        I  •      •  c     I  i-  n  ^      cs.\ea  by  Sep- 

wUh   the  county  commissioners  ot  the  county  01  Bristol,    temher  ist, 
before  the  first  day  of  September  next,  or  if  said  corpora-   ^ ?'*,'' '/[|'^j°™' 
lion  shall  fail  to  complete  said  road  before  the  first  day  of  ist,  1845. 
June,  eighteen  hundred  and  forty-five,  then  this  act  shall  be 
void. 

Sect.  4.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  6,  1844.] 
24 


182 


1844.- 


-Chap.  61—62. 


Chap.  61. 


Capital  to  be 
reiluced  to 
$400,000  after 
April  1st,  and 
when  a  com- 
missioner shall 
have  reported. 


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

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

Sect.  1.  From  and  after  the  first  day  of  April  next,  the 
president,  directors  and  company  of  the  Traders  Bank, 
are  hereby  authorized  to  reduce  their  capital  stock  to  the 
sum  of  four  liundred  thousand  dollars  :  provided,  that  no 
dividend  of  any  part  of  the  present  capital  stock  shall  be 
made,  nor  shall  such  reduction  take  place,  until  a  commis- 
sioner, to  be  appointed  by  the  governor  and  council,  for 
that  purpose,  at  the  expense  of  said  corporation,  shall  have 
certified  in  writing,  to  the  governor  and  council,  after  due 
examination,  that  the  said  corporation  has  sufficient  funds 
for  the  payment  of  all  notes,  bills,  deposits,  and  other  de- 
mands existing  against  it,  and  that  after  the  payment 
thereof,  and  extinguishing  the  number  of  shares  hereby 
authorized  to  be  extinguished,  the  net  sura  of  four  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  one  thousand  shares 
therein,  so  that  each  of  the  remaining  four  thousand  shares 
shall  be  of  the  par  value  of  one  hundred  dollars. 

Sect.  3.  From  and  after  the  said  first  day  of  April  next, 
previous  to  which  time  the  commissioner,  herein  provided 
for,  shall  make  and  deliver  his  certificate  to  the  governor 
and  council,  as  aforesaid,  all  the  rights,  duties  and  liabili- 
ties of  said  bank  shall  have  relation  to  and  be  governed 
by  said  reduced  capital  stock  of  four  hundred  thousand 
dollars,  and  until  the  said  first  day  of  April  next,  and  the 
said  certificate  shall  have  been  made  and  delivered,  as 
aforesaid,  the  said  bank  shall  continue  to  pay  into  the  trea- 
sury of  the  Commonwealth  the  tax  required  by  law  to  be 
paid  on  the  present  capital  of  said  bank,  and  nothing  con- 
tained in  this  act  shall  be  construed  to  affect  the  liability 
of  the  corporation,  or  of  the  individual  stockholders,  as 
established  by  the  act  incorporating  said  bank. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  Maich  6,  1844.] 

An  Act  in  addition  to  an  Act  to  regulate  the  Fishery  in  Taunton  Great 

River. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Co2irt  assembled,  and  by  the  aiUhority  of 
the  same,  as  follows  : 

The  purchaser  or  purchasers  of  the  fishing  privileges, 

sold  by  the  town  of  Somerset,  and    located    within   said 

Somerset.whea  town,  may  improve  the  same  at  all  times,  from  sunrise  on 


Reduction  to  be 
made  by  extin- 
guishing 1000 
shares. 


Tax  to  be 
levied  as  here- 
tofore till  April 
1st,  and  till  a 
commissioner 
shall  have  re- 
ported. 


When  to  take 
effect. 


Chap.  62. 


Fishing  privi- 
leges sold  by 
the  town  of 


1844. Chap.  62—63.  183 

Monday  morning   to   sunset   on   Saturday   evening;    and  available  to  the 
Broad  Cove,    in   Somerset,  shall   be   exempted   from   the  Broad'coTe  to 
operation  of  the  law   regulating  the  fishery  on  Taunton  be  exempted, 
Great  River,  any  thing  in  the  act,  entitled  "  an  act  to  regu-  '^°- 
late  the  fishery  in  Taunton  Great  River,"    passed  March 
twenty-fourth,   in   the   year   eighteen  hundred   and  forty- 
three,  to  the  contrary  notwithstanding.     [Ajjpjoved  by  the 
Governor,  March  6,  1844.] 

An.  Act  to  regulate  the  Fishery  in  Palmers  River.  l^llCip,  DCJ. 

BE  it  enacted  by  the  Senate  and  Hovse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     From  and  after  passing  this  act,  no  person,  or  Taking  shad  or 
persons,  except  as  is   hereafter  provided,  shall  take  shad,   seines^ m'' nets 
or  alewives,  with  seines,  or  in  nets,  in  Palmer's  river,  in   in  Palmer's 
the  town  of  Rehoboth,  in   the  county  of  Bristol,  from  the  [.oTh'whenaad 
first  day  of  April  to  the  fifteenth  day  of  .June,  in  each  year:   towiiomfor- 
provided,  that  the  inhabitants  of  Rehoboth  may,  at  a  legal  ^^  ^^°" 
meeting,  held  for   that  purpose,  dispose  of  the  privilege,  at   Further privi- 
public  auction,  of  taking  shad   and  alewives,  with  scoop  ify^^he'townof 
nets  onTy,  in  said  river,  for  the  time  aforesaid,  to  such  per-  Rehoboth. 
son,  or  persons,  as  may  offer  the  highest  price  for  the  same, 
and   shall   give  sufficient  security  for  the  payment  of  the 
purchase   money,  at  such  time  and  in  such  manner  as  the 
town  shall  order. 

Sect.  2.  The  said  town  may  sell  said  privilege  in  sec-  Conditions  of 
tions  as  the  (own  may  determine,  and  the  purchaser  or  said  privilege, 
purchasers  of  any  privilege  or  privileges  of  taking  shad 
or  alewives  aforesaid,  or  those  employed  by  him  or  them, 
may  take  any  of  said  fish  in  said  river,  with  scoop  nets, 
three  nights,  in  the  night  time  only,  in  each  week,  begin- 
ning on  Monday  at  sunset  and  ending  at  sunrise  on  Thurs- 
day, and  may  take  said  fish  in  any  part  of  the  river  afore- 
said, between  Swanzey  line  and  the  Orleans  dam,  on  said 
river,  in  said  Rehoboth;  and  no  person  shall  be  allowed  to 
skim  or  drive  the  fish  in  said  river,  nor  shall  any  shad  or 
alewives  be  taken  after  the  fifteenth  day  of  June  in  each 
year. 

Sect.  3.  The  wears  in  said  river  shall  be  located  as  Location  of 
follows  :  the  first  on  the  river  below  the  end  of  a  fence  ^^^'^®- 
running  from  the  highway  between  the  land  of  William 
K.  Bullock,  John  Davis,  3d,  and  Ariel  Horton,  (fishing  to 
commence  by  the  land  of  Joshua  Miller,)  second,  by  the 
land  of  Borden  Munroe;  third,  by  the  land  of  Joseph 
Watson;  fourth,  by  land  of  Dr.  Samuel  Bullock;  fifth,  by 
the  land  of  Lovell  Bullock;  sixth,  by  the  land  of  widow 
Betsey  Peirce ;  seventh,  by  the  land  of  Lewis  Peirce ; 
eighth,  by  the  land  of  John  M.  Davis;  ninth,  by  the  land 
of  John  Thurber;  tenth,  by  land  of  John  Watson;  elev- 


184 


1844.. 


-Chap.  63—65. 


Fish  wardens. 


Penalties  of 
offences  against 
this  act. 


enth,  by  the  land  of  Dexter  Barney ;  the  wears  to  be  situ- 
ated on  either  side  of  the  river  as  the  purchaser  may  de- 
termine, the  distance  between  each  wear  to  be  iiot  less 
than  twenty  rods. 

Sect.  4.  The  town  of  Rehoboth.  at  their  annual  meet- 
ing, in  March  or  April,  may  choose  one  or  more  suitable 
persons  to  serve  as  fish  wardens,  who,  when  sworn,  shall 
see  this  act  enforced,  and  may  prosecute  for  all  violations 
thereof. 

Sect.  5.  If  any  person  shall  fish  with  seine  or  net,  in 
any  time,  place,  or  manner,  other  than  as  before  mentioned, 
or  shall  set  any  net  or  seine,  wear,  or  any  other  obstruc- 
tion in  said  river,  or  in  any  part  thereof,  with  the  intent  to 
take  or  destroy  any  shad  or  alewives,  he  shall  forfeit  and 
pay  twenty  dollars  for  each  offence,  to  be  recovered  to  the 
use  of  the  county  in  which  the  offence  was  committed,  or 
by  action  of  debt,  one  half  to  the  use  of  the  person  prose- 
cuting for  the  same,  and  the  other  half  for  the  use  of  the 
town  iu  which  the  offence  shall  be  committed. 

Sect.  6.  All  laws  heretofore  relating  to  fishing  in  Palm- 
er's river,  in  the  town  of  Rehoboth,  are  hereby  repealed. 

Sect.  7.  This  act  shall  take  effect  from  and  after  its 
passage.     [Appiovcd  by  the  Governor,  March  7,  1844.] 

An  Act  to  authorize  Joseph  Wait  and  others  to  build  a  Wharf. 

BJE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Joseph  Wait  and  others,  proprietors,  in  common,  of  a 
piece  of  land  in  Ipswich,  in  the  county  of  Essex,  bounded 
by  Ipswich  river,  two  hundred  and  ten  feet,  viz :  from 
Spiller's  point,  so  called,  northerly,  to  land  of  Thomas 
Spiller,  are  hereby  authorized  to  build  and  maintain  a 
wharf  on  said  premises,  extending  from  said  Spiller's 
point,  on  a  course,  north,  twenty-one  degrees  west,  one 
hundred  and  seventy-three  feet,  and  to  lay  vessels  at  said 
wharf  and  receive  dockage  and  wharfage  therefor  :  pro- 
vided, that  no  part  of  said  wharf  shall  in  any  place  extend 
more  than  sixteen  feet  below  low  water  mark,  and  that 
this  act  shall  in  no  wise  affect  the  private  rights  of  any 
person,  or  persons,  whatever.  [Ajjproved  by  the  Governor, 
March  7,  1844.] 

Ch(tp>  Qo»    An  Act  in  addition  to  an  Act  for  the  preservation  of  fish  called  Alewives, 
in  Agawam  and  Half-way  Pond  River,  in  the  county  of  Plymouth. 

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

Sect.  1.     The  town  of  Plymouth  may  choose  their  fish 


Repeal  of  pre- 
vious laws. 

When  to  take 
effect. 


Chap.  64. 


Location, 
course,  and  dis- 
tance of  wharf. 


Fish  commit- 
tee in  Ply- 


committee   at   their   annual    town-meeting,   in    March   or 


1844. Chap.  65—68.  186 

April,  in  each  year,   which  committee,   when  so  elected,  who'sen^^'^ ^° 
shall  have  all   the  powers  and   duties  which  they  would 
have  had  if  elected   in  November,  any  thing  in  the  act,  to 
which  this  is  in  addition,  to  the  contrary  notwithstanding. 

Sect.  2.     This  act   shall  take  etiect  from  and  after  its  When  to  take 
passage.     [Ap2)roied  by  the  Governor,  March  7,  1844.]  ^ 

An  Act  to  authorize  Waterman  Eldridge  and  others  to  build  a  Wharf.  ChctV.  Q6' 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  arid  by  the  authority  of 
the  same,  as  foUoivs : 

Waterman  Eldridge  and  his  associates   are  hereby  au-  wharf  to  be 
thorized  to  build   and  maintain  a  wharf,  in  the  harbor  of  siabiel^^^™' 
Barnstable,  in   the  county  of  Barnstable,  at  or  near  the 
terminus  of  the  road  lately  laid  out  by  the  county  commis- 
sioners for  said  county,  at  the  common  fields,  so  called,  in 
said   Barnstable,  running  from  thence,   northerly,  until  it  course,  and  di- 
shall   reach  the  channel  of  said  harbor,  and   to  lay  vessels  meusions. 
at  said  wharf  and  receive  dockage  and  wharfage  therefor  : 
provided,  that  the  width   of  said   wharf  shall   not  exceed 
two  hundred  feet,  and  that  this  act  shall  in  no  wise  inter- 
fere  with    the    private   rights   of   any  jierson    or   persons 
whatever.     [Approved  by  the  Governor,  March  7,  1844.] 

An  Act  in  addition  to  an  Act  to  regulate  the  Alewive  Fishery  in  the  river    KytlCip.  D/. 
and  stream,  in  the  town  of  Harwich. 

BE  it  enacted  by  the  Senate  and  House  of  JRepreseiita- 
tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follovjs  : 

The  time  during  which  the  sluice  is  required,   in   the  Time  for  keep- 

,  .  r     F  r   T    ^       r  i       ■      ^i  in^  sunce  Open, 

second  section  of  the  act  oi  July  lourth,  m  the  year  seven-  extended. 
teen  hundred  and  eighty-seven,  to  which  this  is  in  ad- 
dition, to  be  kept  open  in  the  dams  across  Herring  river, 
in  the  town  of  Harwich,  is  hereby  extended  from  the 
twenty-fifth  day  of  April  to  the  twentieth  day  of  June,  in 
each  year,  and  the  penalties  for  obstructing  said  sluice- 
ways, provided  in  said  act,  shall  apply  to  all  the  time  so 
extended. 

Sect.   2.      The  provisions  of  this  act   shall  take  effect  When  to  take 
from  and  after  its  passage,     [Approved  by  the  Governor,   ^  ^'^^' 
March  7,  1844.] 

An  Act  to  incorporate  the  Marine  Insurance  Company  of  Provincetown.        CflCtV.  68. 

BE  it  ejiacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.   1.     Caleb   U.   Grosier,    Isaiah   Young,  Rufus    L.  Persons  incor- 

nii  1  .1      •  •  T  11  1       porated  ior 

Thatcher,  then-  associates  and  successors,  are  hereby  made  twenty  years. 
a  corporation   by  the  name  of  the  Marine  Insurance  Com-  _  . 
pany  of  Provincetown,  for  the  purpose  of  making  insurance  marine  risks. 


186 


1844.- 


■Chap.  68-— 69. 


Real  estate  not 
to  exceed 
$10,000,  except 
&c. 


Capital  stock 
to  be  $50,000,  in 
shares  of  «100 
each,  to  he  paid 
in  as   directors 
shall  prescribe. 


Chap.  69. 


Capital  stock 
to  be  reauced 
to  S300,000, 
after  April  1st, 
and  when  a 
commissioner 
shall   have   re- 
ported. 


Reduction  to  be 
made  by  reduc- 
ing par  value  of 
shares  from 
$100  to  $75. 


Tax  to  be  lev- 
ied as  hereto- 
fore, till  April 


against  maritime  losses,  with  all  the  powers  and  privileges, 
and  subject  to  all  the  duties,  liabilities  and  restrictions,  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  acts  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  personal,  for  the  use  of  said  company  :  provided,  that  the 
real  estate  shall  not  exceed  the  value  of  ten  thousand  dol- 
lars, excepting  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 
fifty  thousand  dollars,  to  be  divided  into  shares  of  one 
hundred  dollars  each,  and  shall  be  collected  and  paid  in, 
in  such  instalments  and  under  such  provisions  and  penal- 
ties, as  the  president  and  directors  of  said  company  shall 
order  and  appoint.  [ApjJroved  by  the  Governor,  March  8, 
1844.] 

An  Act  to  reduce  the  Capital  Stock  of  the  Fall  River  Bank. 

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

Sect.  1,  From  and  after  the  first  day  of  April  next, 
the  president,  directors  and  company  of  the  Fall  River 
Bank,  in  Fall  River,  are  hereby  authorized  to  reduce  their 
capital  stock  to  the  sum  of  three  hundred  thousand  dollars  : 
p?-ovided,  that  no  dividend  of  any  part  of  the  present  capi- 
tal stock  shall  be  made,  nor  shall  any  reduction  take  place, 
until  a  commissioner  to  be  appointed  by  the  governor  and 
council  for  that  purpose,  at  the  expense  of  said  corporation, 
shall  have  certified  in  writing  to  the  governor  and  council, 
after  due  examination,  that  the  said  corporation  has  suffi- 
cient funds  for  the  payment  of  all  notes,  bills,  deposits  and 
other  demands  existing  against  it,  and  that  after  payment 
thereof  and  the  repayment  to  its  stockholders  of  such  sum 
on  each  share  of  said  stock,  as  said  commissioner  shall 
judge  may  be  paid,  that  the  net  sum  of  three  hundred 
thousand  dollars  will  remain  in  said  bank  as  capital  stock, 
in  funds  available  for  all  usual  and  proper  banking  pur- 
poses. 

Sp:ct.  2.  The  reduction  of  the  capital  stock  of  said 
bank  shall  be  made  by  reducing  the  par  value  of  the  shares 
in  the  same,  from  one  hundred  dollars  to  seventy-five  dol- 
lars per  share,  and  refunding  the  holders  of  the  stock  the 
difference  ascertained  by  said  commissioner  as  before  pro- 
vided. 

Sect.  3.  From  and  after  said  first  day  of  April  next, 
previous  to  which  time  the  commissioner  herein  provided 


1844. Chap.  69--71.  187 


for,  shall  make  and  deliver  his  certificate  to  the  governor  ^^t,  and  till  a 
and  council  as  aforesaid,  all  the  rights,  duties  and  liabili-  shall  have  re- 
ties  of  said  bank,  shall  have  relation  to  and  be  governed  ported, 
by  said  reduced  capital  stock  of  three  hundred  thousand 
dollars.     And   until   the  said  first  day  of  April   next,  and 
the  said  certificate  shall  have  been  made  and  delivered  as 
aforesaid,  the  said  bank   shall   continue  to   pay  into  the 
treasury  of  the  Commonwealth  tlie   tax  required  by  law 
to  be  paid  on  the  present  capital  of  said  bank.     And  noth- 
ing contained  in  this  act  shall   be  construed  to  affect  the 
liability  of  the  corporation  or  of  the  individual  stockholders 
as  established  by  the  act  incorporating  said  bank,  and  the 
several  acts  in  addition  thereto. 

Sect.  4.     This  act  shall   take  effect  from  and  after  its  when  to  take 
passage.     [Approved  by  the  Governor,  March  8,  1844]  effect. 

An  Act  to  incorporate  the  Proprietors  of  the  first  Wesleyan  Methodist  Meet-    nhnn    70 
ing-house,  in  Lowell.  Jr' 

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

Sect.  1.  Leonard  Huntress,  A.  W.  Moulton,  John  B.  Persons  incor 
Carle,  their  associates  and  successors,  are  hereby  made  a  P°''^'^'^- 
corporation,  by  the  name  of  the  Proprietors  of  the  First 
Wesleyan  Methodist  Meeting-house,  in  Lowell,  with  all  the 
powers  and  privileges,  and  subject  to  all  the  restrictions, 
duties  and  liabilities,  set  forth  in  the  forty-fourth  chapter 
of  the  Revised  Statutes. 

Sect.  2.     Said  corporation  may  hold  real   and  personal  Estate,  income, 
estate,  the  annual  income  of  which,  exclusive  of  such  meet-  and\rumbeV 
ing-house  as  they  may  build,  shall  not  exceed  the  sum  of  and  value  of 
two  thousand  dollars,  and  said  corporation  may  divide  their  ^  ^^^^' 
whole  capital  stock  into  shares,  not  exceeding  four  hundred 
in  number  :  provided,  that  no   share  shall  ever  be  assessed 
to  a  larger  sum  in  the  whole  than  fifty  dollars. 

Sect.  3.     Said  corporation  may  have  powers  to  convey.   Corporation 
sell,  alien,  or  mortgage,  any  such   portions  of  their  real  es-  ^herwise°dis- 
tate,  as  may  be  judged  for  the  interest  of  said  corporation  ;   pose  of  real  es- 
and  said  corporation  may  sell,  lease,  or  otherwise  dispose  tate  and  pews, 

-     ,  .'       ,      .  .•'        ,    '  '      ,  1  ■    1    ^  and  appropriate 

01  the  pews  \\\  their  meetmg-house,  as  they  may  thmk  pro-  the  proceeds  to 
per:  provided,  that  the  proceeds  of  the  same  shall  be  an-  parochial  pur- 

U0S6S 

plied  exclusively  to  parochial  purposes.     [Approved  by  the 
Governor,  March  8,  1844.] 

An  Act  to  incorporate  the  Watatick  Manufacturing  Company.  CllCtV.  71. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  i'.onrt  assembled,  and  by  the  authority  of 
the  same,  as  folloivs : 

Sect.   1.      Charles   Barrett,    Jehiel    Watkins,    Ebenezer  persons  incor- 
Frost,  are  hereby  made  a  corporation  by  the  name  of  the  porated. 


188 


1844.- 


-Chap.  71—75. 


To  manufac- 
ture cotton 
goods   in  Ash- 
burnham. 


Real  estate 
may  amount  to 
S30,000,  and 
capital  stock 
to  $100,000. 


Chap 


Mount  Zion 
Church  to  be 
henceforward 
called  St. 
Luke's 
Church. 
Proprietors  of 
the  same  incor- 
porated. 


Real  estate  not 
to  exceed 
$8000,  and  per- 
sonal estate 
S2000,  to  be  ap- 
plied to  paro- 
chial purposes. 

Chap.  73. 


Watatick  Manufacturing  Company,  for  the  purpose  of  man- 
ufacturing cotton  goods  in  the  town  of  Ashburnham,  in  the 
county  of  Worcester  ;  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  purpose 
aforesaid,  real  estate  to  the  amount  of  thirty  thousand  dol- 
lars, and  the  whole  capital  stock  shall  not  exceed  one  hun- 
dred thousand  dollars.  [Approved  by  the  Governor,  March 
8,  1844.] 

'.  72.    ^"^  ^^"^  '■°  incorporate  the  Proprietors  of  St.  Luke's  Church,  in  Chelsea,  and 

for  other  purposes. 

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

Sect.  1.  From  and  after  the  passing  of  this  act,  the 
name  of  Mount  Zion  Ciiurch,  in  Chelsea,  shall  be  changed, 
and  the  said  church  shall  be  known  and  called  by  the 
name  of  St.  Luke's  Church,  in  Chelsea. 

Sect.  2.  William  S.  Bartlett,  Stephen  D.  Massey  and 
William  Knapp,  their  associates  and  successors,  are  hereby 
made  a  corporation,  by  the  name  of  the  Proprietors  of  St. 
Luke's  Church,  in  Chelsea,  with  all  the  powers  and  privi- 
leges, and  subject  to  all  the  duties,  restrictions  and  liabili- 
ties, set  forth  in  the  twentieth  and  forty-fourth  chapters  of 
the  Revised  Statutes. 

Sect.  3.  Said  corporation  may  hold  real  estate  to  an 
amount  not  exceeding  eight  thousand  dollars,  and  personal 
property  to  an  amount  not  exceeding  two  thousand  dollars  : 
provided,  the  same  be  applied  exclusively  to  parochial  pur- 
poses.    \App7'oved  by  the  Governor,  March  8,  1844. J 


Capital  to  be 
reduced  to 
$100,000,  after 
April  1st,  and 
when  a  com- 
missioner shall 
have  reported. 


An  Act  to  reduce  the  Capital  Stock  of  the  Grand  Bank. 

BJS  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  From  and  after  the  first  day  of  April  next,  the 
president,  directors  and  company  of  the  Grand  Bank,  are 
hereby  authorized  to  reduce  their  capital  stock  to  the  sum 
of  one  hundred  thousand  dollars  :  provided,  that  no  dividend 
of  any  part  of  the  present  capital  stock  shall  be  made,  nor 
shall  such  reduction  take  place,  until  a  commissioner  to  be 
appointed  by  the  governor  and  council  for  that  purpose,  at 
the  expense  of  said  corporation,  shall  have  certified  in  writ- 
ing to  the  governor  and  council,  after  due  examination, 
that  the  said  corporation  has  sufficient  funds  for  the  pay- 
ment of  all  notes,  bills,  deposits,  and  other  demands  exist- 
ing against  it,  and  that  after  the  payment  thereof  and  ex- 


1844. Chap.  73—74.  1^ 

tingiiishing  the  number  of  shares  hereby  authorized  to  be 
extinguished,  the  net  sum  of  one  hundred  thousand  dol- 
lars will  remain  in  said  bank,  as  capital  stock  in  funds 
available  for  all  usual  and  proper  banking  purposes. 

Sect.  2.     To  reduce  said  capital  stock  as  aforesaid,  the  Reduction  to  be 
said  corporation  shall  extinguish  two   hundred  and  fifty  "fighinllso^'^' 
shares  therein,  so  that  each  oif  the  remaining  one  thousand   shares. 
shares  shall  be  of  the  par  value  of  one  hundred  dollars. 

Sect.  3.     From  and  after  the  said  first  day  of  April  next,   Tax  to  be 
previous  to  which  time  the  commissioner  herein   provided  jofbre  tm'^'^pril 
for,  shall  make  and  deliver  his  certificate  to  the  governor   ist,  and  till  a 
and  council  as  aforesaid,  all  the  rights,  duties  and  liabilities   sh^irhavere- 
of  said  bank,  shall  have  relation  to  and   be  governed  by  ported, 
said  reduced  capital   stock  of  one  hundred  thousand  dol- 
lars;  and  until  the  said  first  day  of  April   next,  and   the 
said  certificate  shall  have  been  made  and  delivered  as  afore- 
said, the  said  bank  shall  contiiuie  to  pay  into  the  treasury 
of  the  Commonwealth  the   tax  required  by  law  to  be  paid 
on  the  present  capital  of  said  bank;  and  nothing  contained 
in  this  act  shall   be  construed  to  affect  the   liability  of  the 
corporation,  or  of  the  individual  stockholders,  as  established 
by  the  act  incorporating  said  bank. 

Sect.  4.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage,     [Appt'oved  by  the  Governor,  March  8,  1844.]  ^^'^'^^• 

An  Act  to  continue  the  Boylston  Fire  and  Marine  Insurance  Company,  and    {^hnr)    7A 
for  other  purposes.  x  * 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follov^s  : 

Sect.  1.     The  act  of  the  year  one  thousand  eight  hun-  Continued  for 
dred  and  twenty-five,  incorporating  the  Boylston  Fire  and  20  years  from 
Marine  Insurance  Company,  shall  be  continued  and  remain   isV."^"^^     ' 
in  force  for  the  term  of  twenty  years  from  the  twenty-sixth 
day  of  February,  in  the  year  one   thousand  eight  hundred 
and  forty-five,  with  all  the  powers  and  privileges,  and  sub- 
ject to  all  the  duties,  liabilities,  and  restrictions,  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  acts  of  the  year  one  thou- 
sand eight  hundred  and  thirty-eight. 

Sect.  2.     Said  insurance  company  may  from   and  after  May  divide  six 
the  passing  of  this  act,  whenever  the  president  and  direc-  percent,  per 
tors  think  it  expedient,  divide  among  their  stockholders  stock'hoide?"," 
and  the  persons  insured  by  them,  in  proportion  to  the  stock   and  profits  over 
owned  and  the  premiums  paid  on  risks  terminated,  all  of  anMm*^amon|' 
their  clear  profit  over  and   above   the   amoiuit  of  six  per   stockholders^ 
cent,  per  annum  on  their  capital  stock,  and  the  said  six  sufej'^provi-"^" 
per  cent,  shall  be  divided  among  the  stockholders  alone:  ded, &c. 
provided,  that  no  such  division  among  the  stockholders  and 
25 


190 


1844.- 


-Chap.  74^76. 


Chap.  75. 


Location, 
course,  and  di- 
mensions of 
"wharl  in  Free- 
town. 


Chap.  76. 


Capital  may  be 
reduced  to 
$150,000  after 
April  Island 
"when  a  com- 
missioner shall 
have  reported, 
&c. 


Reduction  to 
be  made  by  re- 
ducing the  par 
value  of  shares 
from  $100  to 
$60. 


the  persons  insured  jointly,  shall  be  made  until  all  arrear- 
ages which  may  hereafter  occur  in  the  six  per  centum,  pay- 
able to  the  stockholders,  shall  have  been  paid  or  made  up 
to  the  stockholders.  [Approved  by  the  Governoi'^  March  8, 
1844.] 

An  Act  to  authorize  Job  Terry  to  build  a  Wharf. 

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

Job  Terry  is  hereby  authorized  to  build  a  wharf  in  Free- 
town, in  the  county  of  Bristol,  from  his  land  at  Winslow's 
Point,  so  called,  and  to  extend  the  said  wharf  westerly  in- 
to Tannton  Great  River,  so  called,  a  distance  not  exceeding 
four  hundred  and  fifty  feet  beyond  low  water  mark:  pro- 
vided said  wharf  shall  not  exceed  four  hundred  feet  in 
width,  and  that  this  act  shall  in  no  wise  interfere  with  the 
legal  rights  of  any  persons  whatever.  [A2yproved  by  the 
Governor,  March  8,  1844. J 

An  Act  to  reduce  the  Capital  Stock  of  the  Lynn  Mechanics  Bank. 

BE  it  enacted  by  the  Senate  and  House  of  Represerita- 
tives,  in  General  Court  assembled,  and  by  tlie  authority  of 
the  same,  as  folloivs  : 

Sect.  1.  From  and  after  the  first  day  of  April  next, 
the  president,  directors,  and  company  of  the  Lynn  Mechan- 
ics Bank,  in  Lynn,  are  hereby  authorized  to  reduce  their 
capital  stock  to  the  sum  of  one  hundred  and  fifty  thousand 
dollars :  provided,  that  no  dividend  of  any  part  of  the 
present  capital  stock  shall  be  made,  nor  shall  such  reduc- 
tion take  place,  until  a  commissioner  to  be  appointed  by  the 
governor  and  council  for  that  purpose,  at  the  expense  of 
said  corporation,  shall  have  certified  in  writing  to  the  gov- 
ernor and  council,  after  due  examination,  that  the  said  cor- 
poration has  sufficient  funds  for  the  payment  of  all  notes, 
bills,  deposits,  and  other  demands  existing  against  it,  and 
that  after  payment  thereof  and  the  repayment  to  its  stock- 
holders of  the  amount  hereby  authorized  to  be  deducted 
from  its  present  capital  stock,  the  net  sum  of  one  himdred 
and  fifty  thousand  dollars  will  remain  in  said  bank  as  capi- 
tal stock,  in  funds  available  for  all  usual  and  proper  bank- 
ing purposes. 

Sect.  2.  The  reduction  of  the  capital  stock  of  said  bank 
shall  be  made  by  reducing  the  par  value  of  the  shares  in 
the  same,  from  one  hundred  dollars  to  sixty  dollars,  and 
refunding  to  the  holders  the  difference,  according  to  a  vote 
of  the  stockholders  thereof,  passed  at  a  meetnig  of  the 
stockholders  held  on  the  second  day  of  October  last. 

Sect.  3.     From  and   after  the   said   first   day  of  April 


1844 Chap.  76—78. 


191 


next,  previous  to  which  time  the  commissioner  herein  pro- 
vided for,  shall  make  and  deliver  his  certificate  to  the  gov- 
ernor and  council  as  aforesaid,  all  the  rights,  duties,  and 
liabilities  of  said  bank,  shall  have  relation  to,  and  be  gov- 
erned by,  said  reduced  capital  stock  of  one  hiuidred  and 
fifty  thousand  dollars;  and  until  the  said  first  day  of  April 
next,  and  the  said  certificate  shall  have  been  made  and  de- 
livered as  aforesaid,  the  said  bank  shall  continue  to  pay 
into  the  treasnry  of  the  Commonwealth  the  tax  required 
by  law  to  be  paid  on  the  present  capital  of  said  bank,  and 
nothing  contained  in  this  act  shall  be  construed  to  affect 
the  liability  of  the  corporation  or  of  the  individual  stock- 
holders as  established  by  the  act  incorporating  said  bank 
and  the  several  acts  in  addition  thereto. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March,  8,  1844.] 

An  Act  to  incorporate  the  Proprietors  of  the  Ireland  Academy. 

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

Sect.  1.  Warren  Chapin,  Warren  Hitchcock,  and  Ste- 
phen Chapin,  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  the  Proprietors  of  the 
Ireland  Academy,  to  be  established  in  the  town  of  West 
Springfield,  Ireland  Parish,  county  of  Hampden,  with  all 
the  powers  and  privileges,  and  subject  to  all  the  restric- 
tions and  liabilities,  set  forth  in  the  forty-fourth  chapter  of 
the  Revised  Statutes,  with  power  to  hold  real  and  personal 
estate,  to  an  amount  not  exceeding  ten  thousand  dollars,  to 
be  devoted  exclusively  to  purposes  of  education. 

Sect.  2.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  9,  1844.] 

An  Act  relating  to  Elections. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam.e,  as  folloics  : 

In  all  elections  for  representatives  to  the  general  court, 
when  a  choice  is  not  made  on  the  first  ballot,  other  ballot- 
ings  may  be  had  on  the  same  day  :  provided,  that  in  no 
case  shall  the  polls  at  such  elections  be  opened  after  five 
o'clock  in  the  afternoon,  on  said  day ;  and  all  acts  and 
parts  of  acts  inconsistent  herewith  are  hereby  repealed. 
[Approved  by  the  Governor^  March  9,  1844.] 


Tax  to  be  lev- 
ied as  hereto- 
fore till  April 
1st,  and  till  a 
commissioner 
shall  have  re- 
ported. 


When  to  take 
effect. 


Chap,  11. 


Persons  incor- 
porated for 
academy  in 
West  Spring- 
field. 


May  hold  es- 
tate of  810,000. 


When  to  take 
effect. 


Chap.  78. 


When  repre- 
sentatives are 
not  chosen  on 
the  first  liallot, 
other  liallotings 
may  he  had  on 
the  same  day; 
but  not  to  hegia 
after  five  in  tne 
afternoon. 


1^2 


1844.. 


-Chap.  79- 


Chap.  79. 


Location  of  the 
road  aud 
bridge. 


Chap  80. 


May  insure 
lives  otherwise 
than  on  the 
mutual  princi- 
ple. 


An  Act  authorizing  the  County  Commissioners  of  the  county  of  Norfolk  to 
lay  out  a  road  and  bridge  over  tide  waters  in  Dorchester. 

BE  it  enacted  by  the  Senate  and  Hovse  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  same^  as  follows : 

The  county  commissioners  of  the  county  of  Norfolk 
are  hereby  empowered  to  lay  out  and  establish  a  public 
highway  and  bridge  across  Mill  creek,  in  Dorchester,  from 
the  southerly  termination  of  Commercial  street,  to  Leed's 
neck,  so  called,  with  or  without  a  draw  in  said  bridge,  as 
they  may  judge  expedient,  their  proceedings  in  the  prem- 
ises to  be  conformable  to  the  provisions  of  the  twenty- 
fourth  chapter  of  the  Revised  Statutes.  [Approved  by  the 
Governor,  March  9,  1844.] 

An  Act  in  addition  to  an  Act  to  incorporate  the  New  England  Mutual  Life 
Insurance  Company. 

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

The  New  England  Mutual  Life  Insurance  Company  is 
hereby  authorized  to  make  insurance  on  lives  otherwise 
than  on  the  mutual  principle.  [Approved  by  the  Governor, 
March  11,  1844.] 


Chap.  81. 


Poles  to  be  put 
down  in  Por- 
ter's, Waters, 
and  Crane 
rivers. 

Penalty  for  in- 
juring the 
same. 


An  Act  to  authorize  the  town  of  Danvers  to  put  down  and  maintain  Channel 

Poles. 

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

Sect.  1.  The  town  of  Danvers  is  hereby  authorized 
and  empowered  to  put  down  and  maintain  channel  poles 
in  Porter's,  Waters  and  Crane  rivers,  in  said  town,  for  the 
purpose  of  improving  the  navigation  of  said  rivers. 

Sect.  2.  If  any  person  shall  wantonly  or  negligently 
mar  or  destroy  the  aforesaid  poles,  when  put  down,  he 
shall  forfeit  for  such  offence  a  sum  equal  in  value  to  twice 
the  amount  of  injury  done,  to  be  recovered  by  said  town 
by  an  action  of  trespass  on  the  case.  [Approved  by  the 
Governor,  March  11,  1844.] 


Chap,  82. 


Life  insurance 
for  the  benefit 
of  a  married 
woman  shall 
enure  to  her 
use  and  that  of 


An  Act  in  relation  to  Insurance  on  Lives,  for  the  benefit  of  Married  "Women 
and  other  persons. 

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

Sect.  1.  Any  policy  of  insurance  made  by  any  insur- 
ance company  on  the  life  of  any  person,  expressed  to  be 
for  the  benefit  of  a  married  woman,  whether  the  same  be 
effected  by  herself  or  by  her  husband,  or  by  any  other 


1844- 


■Chap. 


193 


her  children, 
independently 
of  ail  other 
persons. 


Trustees  may 
be  appointed  to 
manage  said 
interest. 

The  party  for 
whose  benefit  a 
policy  is  made 
shall  be  en- 
titled to  the 
benefit  thereof, 
as  against  the 
creditors  and 
representatives 
of  the  party 
eflTecting  the 
same. 

Provision 
against  fraud 
in  a  suit  in 
equity,  &c. 


person  on  her  behalf,  shall  enure  to  her  separate  use  and 
benefit  and  that  of  her  children,  if  any,  independently  of 
her  husband  and  of  his  creditors  and  repiesentatives,  and 
also  independently  of  any  other  person  eflecting  the  same 
in  her  behalf,  his  creditors  and  representatives,  and  a  trus- 
tee or  trustees  may  be  appointed  by  any  court  authorized 
to  appoint  trustees,  to  hold  and  manage  the  interest  of  any 
married  woman  in  any  such  policy  or  the  proceeds  thereof. 

Sect.  2.  Where  a  policy  of  insurance  is  efl'ected  by  any 
person  on  the  life  of  another,  expressed  therein  to  be  for 
the  benefit  of  such  other,  or  his  representatives,  or  for  that 
of  a  third  person,  the  party  for  Avhose  benefit  such  policy 
is  made  shall  be  entitled  thereto  as  against  the  creditors 
and  representatives  of  the  person  so  eff'ecting  the  same. 

Sect.  3.  In  case  of  any  premium  being  paid  on  any 
such  policy  of  insurance,  as  is  mentioned  in  tlie  two  pre- 
ceding sections,  by  any  person,  Avith  intent  to  defraud  his 
creditors,  a  proportional  amount  of  the  interest  in  such 
policy,  or  proceeds  thereof,  shall  enure  to  the  benefit  of  his 
creditors;  such  proportion  to  be  determined  in  a  proceeding 
in  equity  in  the  supreme  court,  or  other  suitable  legal  pro- 
ceeding.    [Approved  by  the  Governor^  March  11,  1844.] 

An  Act  to  incorporate  the  Georgetown  Branch  Rail-road  Company.  ChcLT)'  83. 

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

Sect.  1.  George  J.  Tenney,  Samuel  Little,  Coleman  Persons  incor- 
Platt,  Charles  S.  Tenney,  and  John  B.  Savery,  of  George-  ^°'^^^^- 
town,  George  Savery  and  Jeremiah  Spoff'ord,  of  Bradford, 
and  David  E.  Noyes,  of  West  Newbury,  their  associates 
and  successors,  be  and  hereby  are  made  a  corporation  by 
the  name  of  the  Georgetown  Branch  .Rail-road  Company, 
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  thirty-ninth  chapter  of  said  statutes,  and  the  statutes 
subsequently  passed,  relating  to  rail-road  corporations. 

Sect.  2.  Said  company  may  construct  a  rail-road  from  Location  of  the 
the  turn-out  track,  near  the  depot  of  the  Boston  and  Maine  '^°^'^' 
Rail-road  in  Bradford,  easterly,  passing  near  the  store  of 
Leonard  Johnson  ;  then  on  the  line  of  most  suitable  eleva- 
tion, till  it  comes  near  the  bank  of  Merrimack  river,  oppo- 
site to  Silsby's  island,  and  so  down  said  bank  at  such  dis- 
tance as  may  be  found  best,  to  Johnson's  creek  ;  then 
northerly  of  the  house  of  Stephen  Parker,  and  up  the  val- 
ley of  the  most  easterly  branch  of  said  creek  to  the  eas- 
terly side  of  the  buildiugs  of  Benjamin  Nelson,  and  on  the 
best  level  to  the  line  of  Georgetown,  near  a  stone  bound 
on  the  road  southerly  of  the  house  of  Enoch   Harriman  ; 


194 


1844.. 


■Chap.  83—84. 


Capital  not  to 
exceed  $100,- 
000,  in  shares 
of  SlOO. 

Investment. 


Legislature 
may  regulate 
fares,  and  per- 
mit other  roads 
to  enter. 


May  be  merged 
in  the  Boston 
and  Maine 
Rail-road  Cor- 
poration. 


Conditions  of 
the  uses  of  each 
road  by  the 
other. 


When  to  be  lo- 
cated and  com- 
pleted. 


Chap.  84. 


Accounts  of 
yearly  policies 
and  of  policies 
for  seven  years 
may  he  kept 
distinct. 


then  northerly  of  the  house  of  Orin  Weston,  to  near  the 
house  of  David  Perkins ;  and  then  south-easterly  on  the 
most  convenient  ground  to  such  place  as  shall  be  found 
most  suitable  for  a  depot  at  or  near  Georgetown  corner. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  not 
exceed  one  hundred  thousand  dollars,  and  shall  be  divided 
into  shares  of  one  hundred  dollars  each,  and  said  company 
may  invest  such  part  thereof  in  real  estate,  as  may  be 
found  necessary  and  convenient  for  the  purposes  of  said 
road. 

Sect.  4.  The  Legislature  may  regulate  the  fare  on  said 
road  whenever  the  income  shall  exceed  ten  per  cent.,  and 
authorize  any  other  rail-road  to  enter  on  and  use  the  same 
for  such  tolls  as  the  Legislature  may,  from  lime  to  time, 
prescribe. 

Sect.  5.  The  Georgetown  Branch  Rail-road  Company 
may  at  any  time  be  merged  in  and  constitute  a  part  of 
the  Boston  and  Maine  Rail-road  whenever  the  two  corpor- 
ations shall  agree  so  to  unite,  at  meetings  called  for  the 
purpose,  when  all  the  rights,  privileges,  duties  and  respon- 
sibilities of  the  said  Branch  Rail-road  shall  appertain  to 
the  said  Boston  and  Maine  Rail-road. 

Sect.  6.  The  Georgetown  Branch  Rail-road  Company 
may  enter  and  unite  their  rail-road  with  the  Boston  and 
Maine  Rail-road  at  the  point  mentioned  in  the  second 
section;  but  neither  company  shall  have  a  right  to  run 
their  cars  or  engines  on  the  road  of  the  other,  but  on  terms 
and  conditions  mutually  agreed  upon  by  the  parties,  or  pre- 
scribed by  the  Legislature. 

Sect.  7.  If  the  location  of  said  road  be  not  filed  accord- 
ing to  law,  or  if  the  company  shall  not  complete  said  road 
as  provided  for  in  the  second  section  of  this  act,  with  at 
least  one  track,  within  three  years  from  the  date  of  the 
same,  then  the  said  act  shall  be  null  and  void.  [Approved 
by  the  Governor^  March  11,  1844.] 

An  Act  in  addition  to  an  Act  incorporating  the  Union  Mutual  Fire  Insurance 

Company. 

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

Sect.  1  Tlie  Uiu'on  Mutual  Fire  Insurance  Company 
are  hereby  authorized  and  empowered  to  keep  separate  and 
distinct  accounts  of  all  their  premiums  and  deposit  notes, 
distinguishing  between  those  received  on  yearly  policies 
and  those  accruing  in  policies,  made  for  seven  years,  and 
in  case  of  loss  upon  yearly  policies,  the  same  shall  be  paid 
and  satisfied  exclusively  out  of  the  premiums  and  deposits 
which  shall  have  accrued  out  of  yearly  policies,  and  in  case 
of  loss  upon  policies  made  for  seven  years,  the  same  shall 


1844.- 


-Chap.  84—85. 


195 


be  paid  and  satisfied  exclusively  out  of  the  preminras  and 
deposit  notes  which  shall  have  accrued  from  policies  made 
for  seven  years,  and  all  assessments  shall  be  made  in  like 
manner  upon  the  members  according  to  the  policies  which 
they  may  respectively  hold  :  provided^  hoit)ever^  that  the 
whole  funds  of  the  company  shall  be  liable  in  equitable 
proportion  for  any  losses  that  may  accrue  under  any  of 
their  policies. 

Sect.  2.  In  dividing  the  funds  of  the  corporation,  or  in 
returning  premiums  and  deposits,  the  members  shall  receive 
only  their  proportion  of  the  funds  arising  from  the  class  of 
policies  under  which  they  shall  claim  and  be  entitled  to 
the  same. 

Sect,  3.  Every  policy  made  by  said  corporation  shall 
of  itself  create  a  lien  on  the  interest  of  the  person  insured, 
in  any  personal  properly  thereby  insured  for  securing  the 
payment  of  any  sum  for  wliich  he  may  be  assessed  in  con- 
sequence of  having  effected  such  policy  :  jirovided  the  ex- 
tent of  such  liability,  and  the  intention  of  such  corporation 
to  rely  upon  such  lien,  shall  be  set  forth  in  the  policy,  and 
that  upon  the  alienation  of  the  property  to  a  bona  fide  pur- 
chaser, the  lien  shall  cease,  unless  such  policy  shall  be  con- 
tinued in  force  by  consent  of  the  purchaser.  {Approved  by 
the  Governor,  March  11,  1844.] 


Assessments  to 
be  made  ac- 
cording to  the 
terms  of  policy. 
Provided  that 
the  whole  funds 
shall  be  liable 
in  equitable 
proportion  for 
all  losses. 

Divisions,  &c. 
of  funds  to  be 
made  according 
to  the  terms  of 
policies. 


Every  policy 
to  create  a  lien, 
&c. 


Provided,  &c. 


An  Act  regulating  the  Rates  of  Toll  at  the  Dartmouth  Bridge. 

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

Sect.  1.  The  Dartmouth  Bridge  Company  are  hereby 
authorized,  from  and  after  the  passing  of  this  act,  to  de- 
mand and  receive  at  said  bridge  the  following  rates  of  toll, 
instead  of  the  rates  of  toll  heretofore  established,  to  wit : 
for  each  foot-passenger,  two  cents;  for  each  horse  and  rider, 
six  cents;  for  each  horse  and  farm  wagon,  ten  cents;  for 
each  horse  and  chaise,  chair,  sulky,  sleigh  or  buggy  wagon, 
twelve  cents;  for  each  horse  and  covered  wagon  with  two 
seats  for  conveyance  of  persons,  buggy  wagon  on  elliptical 
springs  without  top,  twelve  cents  ;  for  each  carryall,  cab, 
or  double  buggy  drawn  by  one  horse,  fifteen  cents;  for 
each  carryall,  coach,  or  other  riding  carriage,  drawn  by 
two  or  more  horses,  twenty-five  cents;  for  each  horse-cart 
or  truck  with  one  horse,  ten  cents;  for  each  additional  horse, 
five  cents  ;  for  each  cart,  wagon,  sled,  or  other  carriage  of 
burden  drawn  by  two  beasts,  fifteen  cents;  drawn  by  more 
than  two  and  not  more  than  four  beasts,  twenty  cents; 
drawn  by  four  and  not  more  than  six  beasts,  thirty  cents  ; 
and  when  drawn  by  more  than  six  beasts,  fifty  cents;  one 
person  and  no  more  to  pass  with  each  team  free  of  toll;  for 


Chap.  85. 


196 


1844.- 


-Chap.  85—87. 


Teams  not  to 
carry  more  than 
3  tons  weisrht. 


Six  per  cent,  of 
profits  to  he  di- 
vided among 
stockholders, 
and  excess  over 
six  per  cent, 
among  stock- 
holders and 
persons  insur- 
ed. 

Provided,  &c. 


each  drift  horse,  four  cents ;  neat  cattle,  three  cents  each  ; 
sheep  and  swine,  one  cent  each ;  no  other  toll  shall  be 
taken  at  said  bridge  than  is  hereby  authorized. 

Sect.  2.  No  team  shall  be  allowed  to  carry  more  than 
three  tons  weight  at  any  one  time  across  said  bridge.  [Ap- 
proved bi/ the  Governor,  Ma? ch  II,  1844.] 

Chap.   86.    An  Act  in  addition  to  an  Act  incorporating  the  Bedford  Commercial  Insur- 
ance Company. 

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

Sect.  1.  The  Bedford  Commercial  Insurance  Company 
may  divide  among  their  stockholders  and  the  persons  in- 
sured by  them,  in  proportion  to  the  stock  owned  and  the 
premiums  paid  on  risks  terminated,  all  their  clear  profits 
over  and  above  the  amount  of  six  per  cent,  per  annum, 
which  six  per  cent,  shall  be  divided  among  the  stockholders 
alone:  provided,  that  no  such  division  among  the  stock- 
holders and  the  persons  insured  jointly,  shall  be  made  until 
all  arrearages  which  may  hereafter  occur  in  the  six  per 
centum,  payable  to  the  stockholders,  shall  have  been  paid 
to  the  stockholders  ;  and  said  company  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties,  lia- 
bilities and  restrictions,  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  acts  of  the  year  one  thousand  eight  hundred  and  thirty- 
eight. 

Sect.  2.  Any  stockholder  may  withdraw  his  proportion 
of  the  assets  of  the  company,  the  value  of  which  shall 
forthwitli  be  ascertained  by  arbitration  before  the  accept- 
ance of  this  act,  and  any  deficiency  thus  created  in  the  cap- 
ital stock,  shall  be  made  up  by  new  subscribers  before  this 
act  shall  go  into  operation.  The  arbitrators  herein  pro- 
vided for,  shall  be  appointed,  one  by  the  president  of  the 
company,  and  one  by  the  claiming  stockholder:  and  in 
case  the  two  persons  so  appointed  are  unable  to  agree  as  to 
the  value  of  the  assets,  they  shall  appoint  a  third  arbitrator 
to  act  with  them.  [Approved  by  the  Governor,  March  12, 
1844.J 


Stockholders 
may  withdraw 
their  interest, 
the  same  to  be 
determined  hy 
arbitrators,  &c. 


Chap.  87. 


Time  and  sub- 
jects of  reports 
from  the  attor- 
ney for  Suffolk, 


An  Act  relating  to  the  Statistics  of  Crime. 

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

Sect.  1.  The  Commonwealth's  attorney  for  the  county 
of  Suffolk,  and  the  district  attorneys,  shall  severally,  on  or 
before  the  fifteenth  day  of  January  in  each  year,  make  re- 


1844.- 


-Chap.  87—89. 


197 


Who  shall 
make  abstracts 
of  the  same  for 
the  Legisla- 
ture. 

Repeal  of  for- 
mer laws. 

When  to  take 
effect. 


ports  to  the  secretary  of  the  Commonwealth,  setting  forth  ^^J^^  fio^hl 
particularly  the  amount  and  kind  of  official  business  done  secmary. 
by  them  respectively  in  each  county,  during  the  year  end- 
ing on  the  last  day  of  the  preceding  month  of  December; 
the  number  of  persons  prosecuted  ;  the  crimes,  offences,  or 
misdemeanors,  for  which  such  prosecutions  were  had,  the 
resuhs  thereof,  the  punishments  against  any  person  con- 
victed thereon,  and  the  amount  of  the  bill  of  costs  in  each 
case  :  abstracts  of  which  reports  the  secretary  of  the  Com- 
monwealth shall  make  and  submit  to  the  Legislature  an- 
nually, as  early  in  the  month  of  February  as  may  be  prac- 
ticable. 

Sect.  2.  All  provisions  of  law  inconsistent  with  this  act 
are  hereby  repealed. 

Sect.  3.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  t/ie  Governor,  March  12,  1844.] 

An   Act  respecting  the  Appropriation  of  the  Property  of  Minors  to  their    Chdp.  88. 
Maintenance  and  Education. 

BE  it  enacted  by  the  Seriate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  safne,  as  folloivs : 

Sect.  I.  The  provisions  of  the  second  section  of  the 
seventy -eighth  chapter  of  the  Revised  Statutes  shall  be 
extended  to  the  principal  as  well  as  to  the  income  of  the 
property  of  minors  therein  described;  and  if  such  property 
consists  of  real  estate,  the  guardian  of  any  such  minor  may 
apply  to  any  proper  court,  for  a  license  to  sell  the  same; 
and  when  sold,  may  appropriate  the  principal  and  income 
of  the  proceeds  of  such  sale  to  the  maintenance  and  educa- 
tion of  any  such  minor,  according  to  the  provisions  of  said 
second  section. 

Sect.  2.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  12,  1844.] 

An  Act  to  establish  the  Providence  and  Worcester  Rail-road  Company.        ChciV.  89. 

JB£1  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows  : 

Sect.  1.  Samuel  Wood,  Paul  Whitin,  and  John  W,  Persons  incor- 
Lincoln,  their  associates  and  successors,  are  hereby  made  P°^^^®  • 
a  corporation  by  the  name  of  the  Providence  and  Worces- 
ter Rail -road  Company,  with  all  the  powers  and  privileges, 
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, 
and  in  the  several  statutes,  subsequently  passed,  relating 
to  such  corporations,  and  in  the  forty-fourth  chapter  of  the 
Revised  Statutes  ;  and  the  said  corporation  is  hereby  em- 
powered and  authorized  to  locate,  construct,  and  fully  com- 
26 


Principal  as 
well  as  income 
of  property  of 
minors  to  be 
applied  to  their 
use. 

Guardians  may 
sell  real  estate 
under  license  of 
court. 


When  to  take 
effect. 


198 


1844.- 


■Chap.  89. 


Location  of 
road. 


Capital  not  to 
exciied  $1,000,- 
000  in  not  more 
than  10,000 
shares. 


To  be  located 
according  to 
law,  and  com- 
pleted, as 
above  provided, 
■within  three 
years. 


The  Legisla- 
ture may  grant 
the  use  of  the 
road  to  any 
other  company, 
provided,  &c. 


plete,  a  rail-road,  with  one  or  more  tracks,  from  a  point  on 
the  Western  Rail-road,  at  or  near  the  village  of  Worcester, 
and  thence  in  the  valley  of  the  Blackstone  river,  in  the 
towns  of  Worcester,  Millbnry,  Sutton,  Grafton,  North- 
bridge,  Uxbridge,  and  Mendon,  in  the  direction  towards 
Providence,  in  the  State  of  Rhode  Island,  to  a  point  in  the 
line,  in  said  Mendon,  dividing  the  states  of  Massachusetts 
and  Rhode  Island;  and  said  corporation  is  also  empowered 
and  authorized  to  locate,  construct,  and  fully  complete  a 
rail-road,  with  one  or  more  tracks,  commencing  at  a  point 
on  the  Boston  and  Worcester  Rail-road,  at  or  near  the 
Grafton  depot,  in  the  town  of  Grafton,  and  thence  in  the 
valley  of  the  Little  Blackstone  river,  or  one  of  its  branches, 
and  the  valley  of  the  Little  Blackstone  river,  to  a  point  in 
said  valley,  near  the  junction  of  the  Little  Blackstone 
and  the  Blackstone  rivers,  in  the  town  of  Grafton,  and 
thence,  in  the  valley  of  the  said  Blackstone  river,  in  the 
towns  of  Grafton,  JXorthbridge,  Uxbridge  and  Mendon,  to 
a  point  in  the  town  of  jMendon,  on  the  line  dividing  the 
states  of  Massachusetts  and  Rhode  Island,  as  before  men- 
tioned. 

Sect.  2.  The  capital  stock  of  said  rail-road  company 
shall  consist  of  not  more  than  ten  thousand  shares,  the 
number  of  which  shall  be  determined,  from  time  to  time, 
by  the  directors  thereof,  and  no  assessment  shall  be  laid 
thereon  of  a  greater  amount,  in  the  whole,  than  one  hun- 
dred dollars  on  each  share,  and  the  said  corporation  may 
purchase  and  hold  such  real  estate  on  the  line  of  said 
road,  and  such  materials,  cars,  engines,  and  other  things, 
as  may  be  necessary  for  depots  for  the  use  of  said  road, 
and  for  the  transportation  of  persons,  goods,  and  mer- 
chandize. 

Sect.  3.  If  the  location  of  said  road,  on  one  of  the 
routes  before  mentioned,  be  not  filed  according  to  law, 
or  if  the  said  company  shall  not  complete  said  road  on 
one  of  said  routes,  to  the  extent  provided  for  in  the  first 
section  of  this  act,  with  at  least  one  track,  within  three 
years  from  the  date  of  the  same,  then  the  same  shall  be 
null  and  void. 

Sect.  4.  The  Legislature  may  authorize  any  company 
to  enter  with  another  rail-road,  at  any  point  of  said  Provi- 
dence and  Worcester  Rail-road,  and  use  the  same,  or  any 
part  thereof,  paying  therefor  such  a  rate  of  toll  or  compen- 
sation as  the  Legislature  may,  from  time  to  time,  prescribe, 
or  tliat  may  be  fixed  under  the  provisions  of  any  general 
law  of  this  Commonwealth,  complying  with  such  rules 
and  regulations  as  may  be  established  by  said  Providence 
and  VVorcesler  Rail-road  Company  :  lyrovided.,  however^ 
that  no  other  corporation  shall  enter  upon  said  Providence 


1844.- 


-Chap.  89. 


199 


and  Worcester  Rail-road  with  any  motive  power,  unless 
the  said  Providence  and  Worcester  Rail-road  Company 
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  said  Provi- 
dence and  Worcester  Rail-road. 

Sect.  5.  The  Legislature  may,  after  the  expiration  of 
five  years  from  the  lime  when  the  said  rail-road  shall  be 
opened  for  use,  from  time  to  time  reduce  the  rate  of  tolls, 
or  other  profits,  upon  said  rail -road ;  but  the  tolls  shall  not, 
without  the  consent  of  said  company,  be  so  reduced  as 
to  produce  with  said  profits,  less  than  ten  per  cent,  per 
annum. 

Sect.  6.  The  said  Providence  and  Worcester  Rail-road 
Company  are  hereby  authorized  to  nnite  with  a  rail-road 
company,  which  may  be  empowered  by  the  Legislature  of 
Rhode  Island  to  construct  a  rail-road  from  the  southern 
terminus  of  the  rail-road,  authorized  by  this  act,  to  the 
city  of  Providence;  and  when  the  two  companies  shall 
have  so  united,  the  stockholders  of  one  company  shall  be- 
come stockholders  in  the  other  company,  and  the  two 
companies  shall  constitute  one  corporation  by  the  name  of 
the  Providence  and  Worcester  Rail-road  Company,  and  all 
the  franchises,  property,  powers,  and  privileges,  granted  or 
acquired  under  the  authority  of  the  said  states  respectively, 
shall  be  held  and  enjoyed  by  all  the  said  stockholders  in 
proportion  to  the  number  of  shares  or  amount  of  property 
held  by  them  respectively,  in  either  or  both  of  said  cor- 
porations. 

Sect.  7.  One  or  more  of  the  directors,  or  other  officers 
of  said  Providence  and  Worcester  Rail-road  Company,  as 
is  provided  in  the  preceding  section,  shall,  at  all  times,  be 
an  inhabitant  of  this  Commonwealth,  on  whom  processes 
against  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.  8.  The  said  company  shall  keep  separate  accounts 
of  their  expenditures  in  Massachusetts  and  in  Rhode  Island 
respectively,  and  two  commissioners  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 
by  said  company,  who  shall  decide  what  portion  of  all  ex- 
penditures of  said  company  and  of  its  receipts  and  profits, 
properly  pertain  to  that  part  of  the  road  lying  in  Massa- 
chusetts and  Rhode  Island  respectively,  and  the  amiual 
report  required  to  be  made  to  the  Legislature  of  this  Com- 
monwealth, shall  be  approved  by  the  said  commissioners. 

Sect.  9.  The  said  company  and  the  stockholders  therein, 
so  far  as  their  road  shall  be  situated  in  Massachusetts, 
shall  be  subject  to  all  the  duties  and  liabilities  of  the  Provi- 


TVie  Legisla- 
ture may  re- 
duce the  lolls 
after  five  years, 
provided,  &c. 


Corporation 
may  be  united 
vviin  another 
company  to  be 
incorporated  by 
Rhode  Island. 


One  director  or 
( !i,cer  to  re  au 
i':liahilant  of 
Massachusetts. 


Separate  ac- 
counts to  be 
kept  of  ex- 
penses, re- 
ceipts, and 
profits  in  the 
two  states, 
which  ex- 
penses, &c., 
shall  be  esti- 
mated by  com- 
missioners. 


200 


1844.- 


•Chap.  89—92. 


Company  lia- 
ble in  Massa- 
chuseils  for 
portion  of  the 
road  lying 
therein. 


The  last  four 
sections,  when 
to  take  eflect. 


dence  and  Worcester  Rail-road  Company,  created  by  the 
provisions  of  this  act  and  the  general  laws  of  this  state,  to 
the  same  extent  as  the  said  Providence  and  Worcester 
Rail-road  Company  and  the  stockholders  therein  wonld 
have  been,  had  the  whole  line  of  said  rail-road  been  lo- 
cated within  the  limits  of  Massachusetts. 

Sect.  H).  The  provisions  contained  in  the  fonr  preced- 
ing sections  shall  not  take  effect  until  the  Legislature  of 
the  state  of  Rhode  Island  shall  have  passed  an  act  contain- 
ing similar  provisions,  nor  until  said  provisions  shall  have 
been  accepted  by  the  stockholders  of  the  said  two  corpora- 
tions respectively,  at  legal  meetings  called  for  that  pur- 
pose.    [App?-oved  by  the  Governoi^,  March  12,  1844.] 

Chop.  90.  -^^  ■^'^'^  ^'^  reduce  the  Tax  on  Sales  of  Teas  by  Importers  at  Auction. 

BE  it  enacted  by  the  Senate  and  Honse  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  tax  upon  all  sales  by  auction  of  any  teas 
which  may  be  imported  from  foreign  countries,  into  any 
port  of  this  state,  and  sold  by  the  importers  as  above, 
within  thirty  days  after  such  importation,  shall  be  one 
quarter  of  one  per  cent,  on  the  amount  thereof,  instead  of 
the  tax  now  by  law  provided. 

Sect.  2.  All  laws  inconsistent  with  this  act,  are  hereby 
repealed,     [Approved  by  the  Governor,  March  12,  1844.] 

L/uCip.  yi.    An  Act  to  repeal  the  Act  incorporating  the  Truro  Fire  and  Marine  Insurance 

Company. 

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

The  Act  incorporating  the  Truro  Fire  and  Marine  Insu- 
rance Company,  approved  on  the  twe  Jy-seventh  day  of 
February,  in  the  year  eighteen  hundred  and  forty-one,  is 
liereby  repealed.  \Approved  by  the  Governor,  March,  13, 
1844.] 


Tax  on  auction 
sales  of  teas  re- 
duced to  \  per 
cent.)  provided, 
&c. 


Repeal  of  for- 
mer laws. 


Chap.  92. 


Persons  incor- 
porated. 


An  Act  to  incorporate  the  Episcopal  City  Mission. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, i?i  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  William  Appleton,  Henry  Codman,  and  Ed- 
ward S.  Rand,  their  associates  and  snccessors,  are  hereby 
made  a  corporation  by  the  name  of  The  Episcopal  City 
Mission,  with  all  the  rights,  powers,  and  privileges,  and 
subject  to  all  the  duties,  restrictions,  and  requirements,  con- 
tained in  the  forty-fourth  chapter  of  the  Revised  Statutes, 
so  far  as  the  same  are  applicable  to  this  corporation. 


1844. Chap.  92—94.  201 

Sect.  2.  The  said  corporation  may  own  and  hold  real  J^op^t/'e^iu. 
and  personal  estate  to  an  amount  and  value,  exclusive  of  sive  of  chapels, 
their  cliapels  and  the  land  on  which  they  stand,  yielding  a  ^g^i'^yQQo"  ^^' 
net  annual  income  not  exceeding  seven  thousand  dollars, 
to  he  applied  to  the  moral  and  religious  instruclion  of  the  How  to  be  ap- 
poor,  and  to  the  support  of  public  worship  in  the  city  of  plied, 
Boston.     [Approved  by  the  Governor,  March  13,  1844.  J 

An  Act  to  incorporate  the  Davisville  Manufacturing  Company.  Ch(ip>   93. 

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

Sect.  1.     Isaac  Davis,  Joseph  Davis,  George  C.  Davis,  Persons  incor- 
their  associates  and  successors,  are  hereby  made  a  corpora-  P"*^*^^^  • 
tion  by  the  name  of  the    Davisville  Manufacturing  Com-  „  ^ 

>         ,  ^  ^  .  '-<  ,    To  manufac- 

pany,  lor  the  purpose  ot  manulacturmg  cotton  goods,  and  ture  cotton 
machinery  for  the  same,  in   the  town  of  Nonhborough,  in  s^"*^^  '^"'^  ^^■ 
the  county  of  AVorcester,  and  for  this  purpose  shall  have  sa'mem North- 
all  the  powers  and  privileges,  and  be  subject  to  all  the  dii-  borough. 
ties,  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  Real  estate  not 
aforesaid,  real   estate   to   the    amount    of  thirty  thousand  §30000^ and 
dollars,   and  the  whole  capital   stock  of  said  corporation  capital 
shall  not  exceed  one  hundred  thousand  dollars.  $100,000. 

Sect.  3.     John  Davis,  guardian  of  Henry  C.  Davis  and  interest  of  mi- 
Charles  D.  Davis,  minor  heirs  of  Joseph  Davis  deceased,   nors  to  be  con- 
is  hereby  authorized  to  convey  to  the  said  corporation  such  corporation? 
interest  as  the  said  minors  may  have  in  the  said  joint  pro- 
perty, to  the  end  that  the  same  may  be  divided  into  shares 
and  thus  held,  instead  of  being  held  by  their  present  title, 
as  tenants  in  common.     [Appjoved  by  the  Governor,  March 
13,  1844.] 

An  Act  giving  further  time  to  the  Amherst  Bank  to  close  its  concerns.         ChttTJ.  94. 

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

The  president,  directors,   and  company  of  the  Amherst 
Bank  in   the   town    of  Amherst,   are   hereby  continued  a 
body  corporate  for  the  period  of  two  years  from  the  twelfth   two  years  from 
day  of  January,  in  the  year  one  thousand  eight  hundred  January  12th 
and  forty-five;  and  the  said  corporation  shall,  during  such  ^^'*^' 
extended  term,  be  entitled  to  all  the  powers  and   privileges 
which  they  now  enjoy,  and  be  subject  to  all  the  duties,  re- 
strictions, and  liabilities,  and   to  all  suits,  actions,  or  pro- 
ceedings at  law  or  in  equity,  to  which  they  now  are,  or 
might  have  been  subject,  and   to  which  they  would  have 
been  subject,  at   the  time    when    said   corporation  would 
othewisc  cease  to  be  a  corporate  body,  had  not  this  act 
been  passed.    [Approved  by  the  Governor,  March  13,  1844.] 


202 


1844.- 


■Chap.  95—96. 


Chap.  95. 


Capital  may  be 
increased 
$1,000,000,  in 
shares  of  $100 
each. 

To  be  paid  in 
as  directors 
shall  deter- 
mine. 
Provided,  &c. 


Liabilities  of 

additional 

stock. 


Certificates  of 
collection  of 
additional  cap- 
ital to  he  filed 
with  the  sec- 
retary previous 
to  transactions 
with  said  capi- 
tal. 


An  Act  to  increase  the  Capital  Stock  of  the  Merchants  Bank,  in  Boston. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  avthority  of 
the  savie,  as  follows  : 

Sect.  1.  Tlie  president,  directors  and  company  of  the 
Merchants  Bank,  in  Boston,  are  herehy  authorized  to  in- 
crease tlieir  capital  stock,  by  an  addition  thereto  of  one  mil- 
Hon  of  dollars,  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  deter- 
mine: provided,  hoivever,  that  five  hundred  thousand  dol- 
lars of  said  additional  capital,  being  the  full  amount  of  five 
thousand  shares,  shall  be  paid  in  on  or  before  the  fifteenth 
day  of  October  next,  and  the  residue,  or  such  proportion 
thereof,  as  the  said  president  and  directors  may  direct  and 
determine,  shall  in  like  manner  be  paid  in  within  one  year 
from  and  after  the  said  fifteenth  day  of  October  next. 

Sect.  2.  The  additional  stock  aforesaid  shall  be  subject 
to  the  like  tax,  regulations,  restrictions  and  provisions,  to 
which  the  present  capital  stock  of  said  corporation  is  now 
subject. 

Sect.  3.  Before  the  said  corporation  shall  proceed  to  do 
business  upon  such  additional  capital,  a  certificate,  signed 
by  the  president  and  directors,  and  attested  by  the  cashier, 
that  the  same  has  been  actually  paid  into  said  bank,  shall 
be  returned  into  the_^office  of  the  secretary  of  this  Common- 
wealth.    l^Approved  by  the  Governor,  March  13,  1844.] 


Chap.  96. 


Persons    iacor- 
porated. 


To  erect  and 
maintain  a 
building  for  a 
hotel— 


— but  not  to 
carry  on  the 
business  of 
hotel  keeping. 

Real  and  per- 
sonal estate, 
not  to  exceed 

$150,000. 


An  Act  to  incorporate  the  Eastern  Exchange  Hotel  Company. 

BE  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  John  A.  Page,  C.  C.  Howard,  Thomas  L.  Ray- 
ner,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Eastern  Exchange  Hotel 
Company,  for  the  purpose  of  erecting  a  hotel  on  or  near  the 
land  of  Skillings'  heirs,  near  Commercial  street,  in  the  city 
of  Boston,  and  maintaining  such  hotel  and  the  buildings 
and  improvements  connected  therewith;  and  for  these  pur- 
poses shall  have  all  the  powers  and  privileges,  and  be  sub- 
ject to  all  the  duties,  restrictions  and  liabilities,  set  forth  in 
the  thirty-eighth  and  forty-fourth  chapters  of  the  Revised 
Statutes :  provided,  that  said  corporation  shall  not  carry  on 
the  business  of  hotel  keeping,  or  be  in  any  way  interested 
in  such  business. 

Sect.  2.  The  whole  amount  of  real  and  personal  estate, 
or  capital  stock  which  said  corporation  may  hold,  shall  not 
exceed  the  sum  of  one  hundred  and  fifty  thousand  dollars. 
{^Approved  by  the  Governor^  March  13,  1844.] 


1844.- 


■Chap.  97—99. 


203 


Chap.  97. 


Persons    incor- 
porated. 


To  manufac- 
ture cotton  and 
woolen  goods 
in  Chelmsford. 


Real  estate  not 
to  exceed 
$30,000,  and 
capital  stock 
$100,000. 


Chap.  98. 


An  Act  to  incorporate  the  Baldwin  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, m  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  Ziba  Gay,  William  W.  Calvert,  Royal  South- 
wick,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Baldwin  Company,  for  the 
purpose  of  manufacturing  cotton  and  woolen  goods,  in  the 
town  of  Chelmsford,  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 
tbrth  in  the  thirty-eighth  and  forty-fourth  chapters  of  the 
Revised  Statutes. 

Sect.  2.  The  said  corporation  may  hold  for  the  purpose 
aforesaid,  real  estate  to  the  amount  of  thirty  thousand  dol- 
lars ;  and  the  whole  capital  stock  of  said  corporation  shall 
not  exceed  the  amount  of  one  hundred  thousand  dollars. 
[Approved  by  the  Governor,  March  13,  1844.] 

An  Act  relating  to  Masters  in  Chancery. 

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

In  all  courts  in  this  Commonwealth,  proof  that  the  mas-  aualification 
ter  in  chancery  had  taken  the  oath  of  office  required  by  the  under  a  law 

1-  1-  /•!  -1  -III  r    ^       -rt         "ow  repealed, 

thirty-second  section  ol  the  eighty-eighth  chapter  oi  the  lie-  valid, 
vised  Statutes,  before  entering  upon  the  discharge  of  the 
duties  of  his  office,  and  before  the  repeal  of  said  section, 
shall  be  sufficient  evidence  of  his  having  been  qualified  to 
act  as  a  master  in  chancery.  \^Approved  by  the  Governor, 
March  13,  1844.] 

An  Act  to  incorporate  the  Seamen's  Widow  and  Orphan  Association.  Chat).  99. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follov.s  : 

Sect.  1.  Francis  P.  B.  True,  Catharine  T.  Andrew,  Persons  Incor 
Deborah  Archer,  their  associates  and  successors,  are  hereby  po'^^'ie''- 
made  a  corporation,  by  the  name  of  the  Seamen's  Widow 
and  Orphan  Association,  for  the  purpose  of  affording  relief 
to  the  widows  and  orphans  of  seamen,  with  all  the  powers 
and  privileges,  and  subject  to  all  the  duties  and  liabilities, 
set  forth  in  the  forty-fourth  chapter  of  the  Revised  Sta- 
tutes. 

Sect.  2.     The  said  corporation  may  take  and  hold  real  Real  and  per- 

,  ,  ^  "^  T  1  sonal  estate  not 

and  personal  estate  to  an  amomit   not  exceeding  ten  tliou-  toe.\cecd 
sand  dollars  for  the  purpose  aforesaid.     \^ApiJroved  by  the  $io,ooo. 
Governor,  March  13,  1844. J 


204 


1844. 


■Chap.  100. 


Chap  100. 


Persons  incor- 
porated. 


Choice  of  loca- 
tion. 


Capital  stock 
not  to  exceed 
$400,000  in 
shares  of  $100 
each. 


An  Act  to  incorporate  the  Fall  River  Branch  Rail-road  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, i)i  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  foUoivs  : 

Sect.  1.  Andrew  Robeson,  Richard  Borden,  Jefferson 
Borden  and  Nathan  Durfee,  their  associates  and  succes- 
sors, are  hereby  made  a  corporation,  by  the  name  of  the 
Fall  River  Branch  Rail-road  Company,  with  all  the  powers 
and  privileges,  and  subject  to  all  the  duties,  restrictions  and 
habilities,  set  forth  in  the  forty-fourth  chapter  of  the  Re- 
vised Statutes,  and  in  that  part  of  the  thirty-ninth  chapter 
of  said  statutes,  which  relates  to  rail-road  corporations, 
and  in  the  several  statutes,  subsequently  passed,  relating 
to  such  corporations. 

Sect.  2.  The  said  company  may  construct  a  rail-road 
upon  one  of  the  following  routes,  viz  :  commencing  at  a 
point  situated  upon  the  south  side  of  the  Fall  River  stream 
upon  land  belonging  to  the  Fall  River  Iron  Works  Com- 
pany in  the  town  of  Fall  River  and  county  of  Bristol,  and 
from  thence  northerly  by  the  valley  of  the  Taunton  river, 
upon  the  easterly  side  thereof,  in  the  most  eligible  route,  to 
a  point  near  Assonet  village;  thence  northeasterly  by  the 
valley  of  iVssonet  river  and  upon  the  southeasterly  side 
thereof,  and  crossing  said  river  above  the  old  forge  dam, 
so  called,  and  passing  near  a  point  where  the  towns  of 
Freetown,  Berkley,  Taunton  and  Middleborough  meet, 
where  it  may  be  found  most  eligible,  to  a  point  near  My- 
rick's  station,  upon  the  New  Bedford  and  Taunton  Rail- 
road in  the"  town  of  Taunton.  Said  road  passes  through 
the  towns  of  Fall  River,  Freetown,  and  either  of  any  or 
all  the  towns  of  Middleborough,  or  IBerkley  and  Taunton, 
to  the  Myrick's  station  aforesaid.  Or  commencing  at  the 
first  named  point  on  the  south  side  of  Fall  River  stream, 
and  pursuing  the  above  described  route,  in  the  valley  of 
Taunton  and  Assonet  rivers,  on  the  easterly  or  south-eas- 
terly side  thereof,  to  a  point  upon  the  Assonet  river,  be- 
tween Porter's  dam  and  Gilbert  Winslow's  dam ;  thence 
crossing  Assonet  river  and  running  northerly  in  the  most 
eligible  route  through  Freetown,  Berkley  and  Taunton,  to 
a  point  above  the  Weir  bridge,  crossing  Taunton  Great 
River,  near  or  within  ten  rods  southerly  of  the  New  Bed- 
ford and  Taunton  Rail-road  ;  thence  running  within  ten 
rods  along  side  of  the  New  Bedford  and  Taunton  Rail- 
road to  the  Taunton  Branch  depot  in  Taunton. 

Sect.  3.  That  the  capital  stock  of  said  corporation  shall 
not  exceed  four  hundred  thousand  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  necessary  and  convenient  for  the  pur- 
poses of  their  incorporation. 


1844.- 


-Chap.  100. 


205 


Sect.  4.  The  Legislature  may,  after  the  expiration  of 
four  years  from  the  time  when  the  said  rail-road  shall  be 
opened  for  use,  from  time  to  time,  alter  or  reduce  the  rate 
of  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  corporation  be  not  organized,  the  loca- 
tion of  that  part  of  their  road  within  the  county  of  Bristol 
filed  with  the  commissioners  of  said  county,  and  the  loca- 
tion of  that  part  of  their  road  within  the  county  of  Ply- 
mouth, (should  it  be  found  most  eligible  to  locate  the  road 
through  the  corner  of  Middleborough,)  filed  with  the  com- 
missioners of  that  county,  within  three  years  from  the  pas- 
sage of  this  act,  or  if  the  said  road  shall  not  be  completed 
within  six  years  from  the  passage  of  this  act,  then  this  act 
shall  be  void. 

Sect.  6.  The  said  corporation  is  hereby  authorized 
to  enter  with  their  rail-road,  by  proper  turn-outs  and 
switches,  on  such  point  of  the  New  Bedford  and  Taunton 
Rail-road  as  is  designated  in  the  second  section  of  this  act, 
viz  :  at  a  point  near  Myrick's  station,  paying  for  the  right 
to  use  the  same  such  a  rate  of  tolls  as  the  Legislature 
may,  from  time  to  time,  prescribe,  and  complying  with 
such  reasonable  rules  and  regulations  as  may  be  established 
by  said  New  Bedford  and  Taunton  Rail-road  Company : 
provided^  however^  that  said  corporation  shall  not  enter 
upon  the  said  New  Bedford  and  Taunton  Rail-road  with 
any  motive  power,  unless  the  New  Bedford  and  Taunton 
Rail-road  Corporation  shall  refuse  or  neglect  to  draw  over 
their  road  the  cars  of  the  said  Fall  River  Branch  Rail-road 
Company,  upon  such  terms  and  conditions  as  may,  from 
time  to  time,  be  prescribed  by  the  Legislature. 

Sect.  7.  The  Legislature  may  authorize  any  company 
to  enter  with  another  rail-road  at  any  point  of  said  Fall 
River  Branch  Rail-road,  and  over  the  same,  or  any  part 
thereof,  paying  therefor  such  a  rate  of  toll  or  compensa- 
tion as  the  Legislature  may,  from  time  to  time,  prescribe, 
or  that  may  be  fixed  under  the  provisions  of  any  general 
law  of  this  Commonwealth,  complying  with  such  rules 
and  regulations  as  may  be  established  by  said  Fall  River 
Branch  Rail-road  Company:  provided,  however^  that  no 
other  corporation  shall  enter  upon  said  Fall  River  Branch 
Rail-road  with  any  motive  power,  unless  the  said  Fall 
River  Branch  Rail-road  Company  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  said  Fall  River  Branch  Rail-road. 
{Approved  by  the  Governor,  March  14,  1844.1 
27 


After  four 
years  the  Leg- 
islature may 
reduce  the  rate 
of  tolls,  pro- 
vided, &.C. 


Time  allowed 
for  location  and 
completion. 


Mav  connect 
with  the  New 
Bedford  and 
Taunton  Rail- 
road, provided, 

&.C. 


The  Legisla- 
ture may  au- 
thorize any 
other  company 
to  use  the 
road,  provided, 
&c. 


206 


1844.- 


■Chap.  101. 


Chaj)  101. 


Rates  of  com- 
pensation for 
militia  service 


By  whom  paid. 


For  personal 
service  only. 


Returns  to  be 
made  by  com- 
manders of 
companies  to 
the  adjutant 
general. 


Rolls  to  be  de- 
livered by  com- 
manders of 
companies  to 
town  and  city 
officers. 


An  Act  in  addition  to  the  several  Acts  concerning  the  Militia. 

BB  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  officers  and  soldiers  of  every  company 
raised  at  large,  who  shall  perform  the  duties  required  by 
■  the  twenty-third  and  twenty-fourth  sections  of  "  an  act  in 
addition  to  the  several  acts  concerning  the  militia,"  passed 
on  the  twenty-fourth  day  of  March,  in  the  year  one  thou- 
sand eight  hundred  and  forty,  and  the  second  section  of 
"  an  act  in  addition  to  the  several  acts  concerning  the  Mi- 
litia," passed  on  the  twenty-fourth  day  of  March,  in  the 
year  one  thousand  eight  hundred  and  forty-three,  shall  each 
be  entitled  to  receive  one  dollar  for  the  inspection  duly  in 
May,  one  dollar  and  fifty  cents  for  each  of  the  two  company 
trainings,  and  two  dollars  for  the  annual  inspection  and 
review.  And  the  sums  to  which  such  officers  and  soldiers 
may  be  entitled  shall  be  paid  from  the  Treasury  of  the  re- 
spective cities  and  towns  in  which  the  company  armory,  or 
place  of  assembling  the  company,  is  located,  which  sums 
shall  be  repaid  to  such  cities  and  towns,  in  the  manner  pre- 
scribed in  the  sixth  section  of  this  act. 

Sect.  2.  No  officer,  non-commissioned  officer;  musician, 
or  private,  in  the  volunteer  militia,  shall  be  entitled  to  the 
compensation  mentioned  in  this  act,  unless  he  shall  person- 
ally perform  the  duty  required  by  law  ;  nor  shall  any  ex- 
cuses which  may  be  granted  for  absence  from,  or  non-per- 
formance of,  military  duty,  entitle  the  person  so  excused  to 
receive  the  aforesaid  compensation. 

Sect.  3.  The  commanding  officer  of  every  company 
raised  at  large,  in  addition  to  the  returns  now  required  to 
be  made  to  the  commanding  officers  of  regiments  and  bat- 
talions, shall,  within  twenty  days  after  each  of  the  days  of 
inspection,  trainings,  and  review,  required  by  law,  make 
to  the  adjutant  general  an  alphabetical  return  of  the  names 
of  all  the  men  belonging  to  his  company,  not  exceeding 
sixty-four  in  number,  excepting  such  companies  as  are 
allowed  a  larger  number  by  law,  stating  who  have  appeared 
armed,  uniformed,  and  equipped,  and  performed  duty,  on 
all  or  either  of  said  days  of  inspection,  trainings,  and  re- 
view, and  also  who  were  absent  on  each  of  the  days  afore- 
said. 

Sect.  4.  The  commanding  officer  of  every  company 
raised  at  large,  shall,  after  each  of  the  days  of  inspection, 
trainings,  and  review,  required  by  law,  make  out  an  al- 
phabetical roll  of  the  persons,  not  exceeding  sixty-four  in 
number,  who  shall  have  appeared  armed,  uniformed  and 
equipped,  and  performed  duty  in  his  company  on  each  of 
said  days ;  and  within  twenty  days,  annually,  after  the  last 
inspection,  shall  deliver  the  same,  certified  under  his  oath 


1844.- 


•Chap.  101. 


207 


to  be  correct  and  true,  to  the  mayor  and  aldermen  of  any 
city,  or  the  selectmen  of  any  town,  in  which  the  company 
armory  or  place  of  assembhng  the  company  is  located  ; 
provided^  however^  that  such  roll  shall  contain  only  the 
names  of  those  persons  who  have  performed  the  duty  re- 
quired by  law. 

Sect.  5.  The  mayor  and  aldermen  of  each  city,  and  the 
selectmen  of  each  town,  to  whom  the  returns  named  in  the 
preceding  and  second  sections  are  made,  shall  on  or  before 
the  first  day  of  November,  annually,  make  out  a  complete 
list  of  all  the  persons  who  appear  from  said  returns  to  be 
entitled  to  the  bounty  mentioned  in  the  first  and  second 
sections  of  this  act,  and  shall  thereupon  draw  their  war- 
rants on  their  respective  treasurers,  directing  them  to  pay 
the  amount  due  to  the  persons  named  in  said  returns;  and 
the  mayor  and  aldermen,  and  selectmen  aforesaid,  shall 
return  to  the  adjutant  general,  on  or  before  the  fifteenth 
day  of  January  annually,  the  lists  of  persons  so  to  be  paid, 
and  the  amount  for  which  their  respective  warrants  have 
been  drawn  ;  and  the  adjutant  general  shall  on  or  before 
the  twenty-fifth  day  of  Jaruiary,  annually,  ascertain  from 
the  returns  made  to  him,  the  amount  of  money  which  will 
be  necessary  to  pay  the  several  cities  and  towns,  and  sub- 
mit the  same  to  the  governor  of  the  Commonwealth,  who 
is  hereby  authorized  to  draw  his  warrant  on  the  treasurer 
of  the  Commonwealth  for  the  re-payment  of  the  sums  ad- 
vanced. 

Sect.  6.  Any  city  or  town  that  shall  neglect  to  make 
return  to  the  adjutant  general  as  herein  directed,  shall  for- 
feit its  right  to  be  re-imbursed  by  the  state ;  and  any  com- 
manding officer  who  shall  neglect  to  make  the  returns 
required  by  this  act,  shall  for  each  offence  be  liable  to  a 
penalty  of  thirty  dollars,  to  be  recovered  in  any  court  of 
competent  jurisdiction,  for  the  use  of  the  Commonwealth  ; 
and  any  comn)anding  officer  of  a  company  who  shall  falsely 
make  and  certify  to  the  adjutant  general,  a  return  of  the 
names  of  all  the  men  belonging  to  his  companj^,  and  their 
performance  of  duty  as  required  by  the  fourth  section  of 
this  act;  or  shall  make  and  certify  falsely  an  alphabetical 
roll  of  the  persons  who  shall  have  appeared  armed,  uni- 
formed and  equipped,  and  performed  duty  in  his  company, 
in  manner  prescribed  in  the  fifth  section  of  this  act ;  or 
shall  include  in  such  roll  the  name  of  any  person  who  has 
not  personally  appeared  armed,  uniformed  and  equipped, 
and  performed  duty  as  aforesaid,  or  the  name  of  any  per- 
son who  has  been  excused  for  absence  or  the  non-perform- 
ance of  such  duty,  shall  be  deemed  to  have  been  guilty 
of  a  misdemeanor,  and  may  be  prosecuted  therefor  by  in- 
dictment in  the  municipal  court  of  the  city  of  Boston,  if 
living  in  the  county  of  Suffolk,  or  in  the  court  of  common 


Cities  and 

towns  to  pay 
for  militia  ser- 
vice, and  to  be 
remunerated  by 
the  Common- 
wealth. 


Provided  they 
make  legal  re- 
turns to  the 
adjutant  gen- 
eral. 


Penalties  for 
commanding 
officers  neg- 
lecting to  make 
returns,  or 
making  false 
returns. 


208 


1844.- 


-Chap.  101—102. 


Company  offi- 
cers in  the  cav- 
alrj'  and  artil- 
lery. 

Musketoons  to 
be  furnished  to 
the  artillery. 


pleas  holden  in  either  of  the  other  counties  of  the  Com- 
monweahh,  in  which  the  officer  so  offending  shall  live,  and 
upon  conviction  thereof,  shall  forfeit  and  pay  to  the  use  of 
the  Cmm  onwealth,  for  each  offence,  a  sum  not  less  than 
fifty  dollars,  nor  more  than  one  hundred  dollars,  in  the 
discretion  of  the  court  before  which  such  conviction  shall 
be. 

Sect.  7.  The  officers  of  each  company  of  cavalry  and 
artillery,  shall  be,  one  captain,  one  first,  one  second,  and 
one  third  lieutenant. 

Sect.  8.  Each  company  of  artillery,  on  application  to 
the  adjutant  general,  shall  be  furnished  with  musketoons, 
whenever  a  supply  of  that  arm  shall  be  received  for  distri- 
bution, the  officers  of  the  company  to  be  held  responsible 
for  the  safe  keeping  and  return  of  the  same,  as  provided  in 
the  first  section  of  "  an  act  in  addition  to  the  several  acts 
concerning  the  militia,"  passed  on  the  third  day  of  March, 
in  the  year  one  thousand  eight  hundred  and  forty-two. 

Sect,  9.  The  adjutant  general  shall  cause  a  copy  of  this 
act  to  be  sent  to  all  the  commissioned  officers  of  the  volun- 
teer militia,  and  shall  also  provide  blank  forms  of  the  re- 
turns to  be  made  to  him  by  the  cities  and  towns  and  com- 
pany commanding  officers. 

Sect.  10.  The  penalty  imposed  in  the  sixth  section  of 
the  one  hundred  and  sixth  chapter  of  the  statutes  of  the 
year  one  thousand  eight  hundred  and  forty-one,  may  be 
recovered  and  appropriated  in  the  manner  the  fines  pre- 
scribed in  the  one  hundred  and  first  section  of  the  twelfth 
chapter  of  the  statutes  are  recovered  and  appropriated. 

Sect.  11.  So  much  of  the  sixth  section  of  the  one  hun- 
dred and  sixth  chapter  of  the  statutes  of  the  year  eighteen 
hundred  and  forty-one,  as  provides  that  said  penalty  shall 
be  recovered  and  appropriated  in  the  manner  prescribed  for 
other  fines,  in  the  one  hundred  and  first  section  of  the 
eleventh  chapter  of  the  Revised  Statutes,  is  hereby  re- 
pealed. 

Sect.  12.  The  fourteenth  section  of  the  ninety-second 
chapter  of  the  statutes,  and  all  acts  or  parts  of  acts  to 
wliich  this  is  an  addition,  inconsistent  with  the  provisions 
of  this  act,  are  hereby  repealed.  {Apj)7'oved  by  the  Gover- 
nor, March  14,  1844.J 

Chap  102.    -^^  ■^^'^  concerning  Prosecutions  for  the  Sale  of  Spirituous  and  Fermented 
^  Liquors. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, 171    General   Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 
_,-.,..  Sect.  1.     In  all  prosecutions  for  selling  spirituous  or  fer- 

JJeienrtant  in  iii-  -^i  i-  iVi 

suchprosecu-     mentecl ,  liquors,    without    license,    the   legal   presumption 
tions  presumed  shall  be  that  the  defendant  has  not  been  licensed ;  and  if 


Copies  of  this 
act,  and  blank 
returns,  to  he 
distributed  by 
the  adjutant 
general. 

Penalties,  how 
to  be  appropri- 
ated. 


Repeal  of  for- 
mer provisions. 


1844 Chap.  102—105.  209 

he  relies  on  a  license,  in  his  defence,  it  shall  be  incumbent  °°^^v^^'^»^ 

,  .  1         r         1  1  r    1  1    oeen  licensed. 

on  him  to  prove  that  fact  by  an  attested  copy  oi  the  record 
of  his  license. 

Sect.  2.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  14,  1844.] 

An  Act  to  authorize  the  inhabitants  of  Truro,  in  the  county  of  Barnstable,    Qhcip  103. 
to  construct  Bridges.  " 

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

Sect.  1.     The  inhabitants  of  the  town  of  Truro,  in  the  Carriage  or 
county  of  Barnstable,  are  hereby  authorized  to  construct  a  [^opoims^f 
carriage  or  foot  bridge  across  Eastern  Harbor  Creek  and  a  the  town  siiail 
carriage  or  foot  bridge  across  Palmet  creek,  in  said  town,  ^^^^ide. 
whenever  a  majority  of  the  legal  voters   of  said    town, 
present  and  voting  thereon  at  any  legal  meeting,  called  for 
that  purpose,  shall  vote  to  construct  said  bridges.     And  if 
the  said  inhabitants  shall  elect  to  erect  foot  bridges  over 
said  creeks,  they  are  hereby  empowered  to  raise  or  appro- 
priate money  to  defray  the  expense  thereof,  and   said  in- 
habitants, in  carrying  into  effect  the  provisions  of  this  act, 
shall  in  all  respects  conform  to  the  existing  laws  relative  to 
laying  out  town  ways. 

Sect.  2.     This  act  shall   take  effect  from  and  after  its  when  to  take 
passage.     [Approved  by  the  Governor,  March  15,  1844.] 

An  Act  in  relation  to  the  Registry  of  Deeds.  Chcip  1 04. 

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

The  registers  of  deeds  within  this  Commonwealth  shall  Form  of  record 
be   and  are  hereby  required  to  record  in  a  fair  and   legible  ofheHnstm- 
hand-writing,  and  in  continuous  successive  lines  upon  the  meats. 
pages  of  the  record  book,  all  deeds  conveying  real  estate, 
and  all  other  instruments  which  they  are  by  law  required 
to  record ;    and  whenever  by  accident  or  inadvertence   in   interlineations 
transcribing  any  deed  or  other  instrument,  an  interlineation  howTobe"^^^' 
or  erasure  shall  become  necessary   to   the  correct  record  noted. 
thereof,   the  same  shall  be  carefully  noted  on  the  record 
book  before   the  attestation  of  the  register  to  the  record  of 
the   instrument.     [Approved  by  the   Governor,   March   15, 
1844.] 

An  Act  to  incorporate  the  Washington  Mutual  Insurance  Company.  ChCLT)  105. 

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

Sect.  1.     Thomas  Lamb,  Daniel  C  Bacon,  William  B.  Persons  incor- 


210 


1844.- 


■Chap.  105—106. 


porated  for  20 
years. 


To  insure  fire 
and  maritime 
risks  on  the 
mutual  princi- 
ple. 


No  policy  to  be 
issued  until 
$100,000  are 
paid  in  and  in- 
vested. 


Legal  interest, 
principal,  and 
profits,  when 
to  be  paid,  and 
on  what  condi- 
tions. 


Guarantee 
capital  inde- 
pendent of  re- 
sources subject 
to  be  converted 
into  premiums- 

Chap  106. 


Persons  incor- 
porated for  20 
years. 


To  insure  fire 
and  marine 
risks  on  the 
mutual  princi- 
ple. 


No  policy  to  be 
issued  until 
$100,000  are 
paid  in  and  in- 
vested. 


Reynolds,  their  associates  and  successors,  are  hereby  made 
a  corporation,  for  the  term  of  twenty  years,  by  the  name  of 
the  Washington  Mutual  Insurance  Company,  to  be  estab- 
lished in  the  city  of  Boston,  for  the  purpose  of  making 
maritime  loans,  and  insurance  against  maritime  losses 
and  losses  by  fire  on  the  mutual  principle,  with  all  the 
powers  and  privileges,  and  subject  to  all  the  duties,  liabili- 
ties and  restrictions,  set  forth  in  the  thirty-seventh  and  forty- 
fourth  chapters  of  the  Revised  Statutes,  so  far  as  the  same 
are  applicable  to  the  corporation  hereby  created. 

Sect.  2.  No  policy  of  insurance  shall  be  issued  by  said 
company  until  a  fund  of  one  hundred  thousand  dollars  in 
cash  shall  have  been  paid  in  for  the  protection  of  the  assur- 
ed, and  invested  as  by  law  required  of  insurance  compa- 
nies heretofore  incorporated. 

Sect.  3.  The  said  company  may  pay  semi-annually  the 
legal  interest  on  the  aforesaid  fund,  and  may  pay  the  prin- 
cipal of  the  fund  whenever  their  net  profits  shall  amount  to 
the  sum  of  one  hundred  thousand  dollars,  and  the  same  shall 
have  been  invested  according  to  law  as  aforesaid  ;  and  no 
further  division  of  the  net  profits  or  funds  of  the  company 
shall  be  made,  without  leaving  at  least  two  hundred  thous- 
and dollars  invested  as  aforesaid,  until  the  expiration  of 
this  act. 

Sect.  4.  The  guarantee  capital  provided  for  in  this  act 
shall  be  in  addition  to  any  resources  which  can  be  convert- 
ed into  premiums.  [Appi^oved  by  the  Governor,  March  15, 
1844.] 

An  Act  to  incorporate  the  American  Mutual  Insurance  Company. 

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

Sect,  1.  J.  Ingersoll  Bowditch,  Benjamin  Rich,  Ed- 
ward Austin,  their  associates  and  successors,  are  hereby 
made  a  corporation,  for  the  term  of  twenty  years,  by  the 
name  of  the  American  Mutual  Insurance  Company,  to  be 
established  in  the  city  of  Boston,  for  the  purpose  of  making 
maritime  loans  and  insurance  against  maritime  losses  and 
losses  by  fire  on  the  mutual  principle,  with  all  the  powers 
and  privileges,  and  subject  to  all  the  duties  liabilities  and 
restrictions,  set  forth  in  the  thirty-seventh  and  forty-fourth 
chapters  of  the  Revised  Statutes,  so  far  as  the  same  are  ap- 
plicable to  the  corporation  hereby  created. 

Sect.  2.  No  poHcy  of  insurance  shall  be  issued  by  said 
company  until  a  fund  of  one  hundred  thousand  dollars  in 
cash  shall  have  been  paid  in  for  the  protection  of  the  assur- 
ed, and  invested  as  by  law  required  of  insurance  companies 
heretofore  incorporated. 


1844. Chap.  106—107.  211 

Sect,  3.     The  said  company   may   pay    semi-annually  ^^M^]  interest, 

■*  DrillClD3l    3IlCl 

the  legal  interest  on  the  aforesaid  fund,  and  may  pay  the  profits,  When  to 
principal  of  the  fund  whenever  their  net  profits  shall  amount  be  paid,  and  on 
to  the  sum  of  one  hundred  thousand  dollars,  and  the  same  tions.*^^""^  ^' 
shall  have  been  invested   according  to  law  as  aforesaid ; 
and  no  further  division  of  the  net  profits  or  funds  of  the 
company  shall  be  made,  without  leaving  at  least  two  hun- 
dred thousand  dollars  invested   as  aforesaid,  until  the  ex- 
piration of  this  act. 

Sect.  4.     The  guarantee  capital  provided  for  in  this  act,   ^"^[afln^e- 
shall  be  in  addition  to  any  resources  which  can  be  convert-  pendent  of  re- 
ed into  premiums.     [Approved  by  the  Governor^  March  15,  to'{[e'a)nvened 

lb44.J  into  premiums. 

An  Act  to  prevent  Frauds  in  the  Conveyance  of  Real  Estate.  Ch(tp  107. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios  : 

Sect.  1.     Whenever  any  real  estate,  or  right  or  interest  Real  estate 
in  any  real  estate,  shall  be  purchased  by  any  debtor,  or  the  eTon  mc^sne*^  " 
purchase  money  therefor  shall  be  directly  or  indirectly  paid  process,  or 
by  any  such  debtor,  and  the  title  to  such  real  estate,  or  tfon^,"w'iien^the 
right  or  interest  in  any  such  real  estate,  shall  be  retained  in  title  thereto  has 
the  vendor,  or  conveyed  to  any  other  person,  with  the  de-  or^con^veyecUn 
sign  and  for  the  purpose  of  fraudulently  securing  the  same  fraud  of  credit- 
from  attachment  by  any  creditor  of  such  debtor,  or  with  °''^" 
the  intent  and  for  the  purpose  of  delaying,  defeating  or 
defrauding  such  creditor,  the  said  real  estate,  or  right  or  in- 
terest therein,  may  be  attached  on  mesne  process,  or  taken 
in  execution,  in  the  same  manner  and  to  the  same  eflect  as 
the  real  estate,  the  legal  title  to  which  is  in  such  debtor, 
may  now  be  by  the  laws  of  this  Commonwealth. 

Sect.  2.     No  attachment  of  such  real  estate  on  mesne   Such  attach- 
process  shall  be  valid  against  any  subsequent  attaching  &c"i,niesJa'  ' 
creditor,  or  against  any  person  who   shall   afterwards  pur-  description  of 
chase  the  same  for  a  valuable  consideration,  and  in  good  Ihen^amesof 
faith,  miless  the  officer  making  the  same,  shall,  in  addition  persons  holding 
to  the  return  he  is  now  required  by  law  to  make  into  the  refumed^'to^the 
office  of  the  clerk  of  the  court  for  the  county  in  which  such  clerk,  &c. 
real  estate  lies,  return  also  a  brief  description  of  the  estate 
attached,  and  the  name  or  names  of  the  person  or  persons 
in  whom  the  record  or  legal  title  to  the  same  shall  stand. 

Sect.  3.     The  said  clerk  shall,  in  addition  to  the  names  Names  so  re- 
of  the  parties  in  the  writ  upon  which  such  attachment  is  {ere(rin*the  ^" 
made,  enter  also  the  name  or  names  so  returned  in  his  book  book  of  attach- 
of  attachments,  in  the  same  manner  as  if  he  or  they  were  ™'^"'''- 
defendant  or  defendants  in  such  writ. 

Sect.  4.     All  levies  made  under  the  preceding  provisions  Such  levies  to 
shall  be  void,  unless  the  execution  creditor  shall  commence  a'ction'forTe-^^^ 
his  action  to  recover  possession  of  the  real  estate  set  oft'  on  covery  be  com- 


212 


1844.- 


-Chap.  107—109. 


^^"'^^'^r^c'"°  his  execution  within  one  year  from  the  return  of  the  exe- 
'     '     cution  on  which  the  levy  is  made  :  provided^  the  person  or 
persons  in  wliom  the  record-title  shall  stand,  shall  retain  the 
possession  of  said  real  estate,  claiming  title  thereto.     {Ap- 
proved by  the  Governor,  March  15,  1844.] 


Chat)  1 08.    -^^  -^^"^  ^^  addition  to  An  Act  to  incorporate  the  Tremont  Insurance  Company. 

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

Sect.  1.  The  Tremont  Insurance  Company  may  divide 
among  their  stockholders,  and  the  persons  insured  by  them, 
in  proportion  to  the  stock  owned  and  the  premiums  paid  on 
risks  terminated,  all  of  their  clear  profit  over  and  above  the 
amount  of  six  per  cent,  per  annum,  which  six  per  cent, 
shall  be  divided  among  the  stockholders  alone  :  provided, 
that  no  such  division  among  the  stockholders  and  the  per- 
sons insured,  jointly,  shall  be  made  until  all  arrearages 
which  may  hereafter  occur  in  the  six  per  centum  payable 
to  the  stockholders  shall  have  been  paid  to  the  stockholders. 

Sect.  2.  Any  stockholder  may  withdraw  his  proportion 
of  the  assets  of  the  company,  the  value  of  which  shall 
forthwith  be  ascertained  by  arbitration,  before  the  accept- 
ance of  this  act ;  and  any  deficiency  thus  created  in  the 
capital  stock  shall  be  made  up  by  new  subscribers  before 
this  act  shall  go  into  operation.  The  arbitrators  herein 
provided  for,  shall  be  appointed,  one  by  the  president  of  the 
company,  and  one  by  the  claiming  stockholder  ;  and  in  case 
the  two  persons  so  appointed  are  unable  to  agree  as  to  the 
value  of  the  assets,  they  shall  appoint  a  third  arbitrator  to 
act  with  them.  [Approved  by  the  Governor,  March  15, 
1844.J 


Six  per  cent,  of 
profits  to  be  di- 
vided among 
stockholders, 
and  excess  over 
six  per  cent, 
amon^  stock- 
holders and  in- 
sured ; 
provided,  &c. 


Value  of  pro- 
portion of  as- 
sets withdrawn 
to  be  deter- 
mined by  arbi- 
trators, &.C.  be- 
fore the  accept- 
ance of  this  act. 


Chap\09. 


Persons  incor- 
porated. 


Location  of 
road. 


An  Act  to  establish  the  Salisburj  Branch  Rail-road  Company. 

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

Sect.  1.  Henry  M.  Brown,  Jonathan  B.  Webster  and 
Robert  Cross,  their  associates  and  successors,  are  hereby 
made  a.  corporation  by  the  name  of  the  Salisbury  Branch 
Rail-road  Company,  with  all  the  powers  and  privileges, 
and  subject  to  all  the  duties,  liabilities  and  provisions,  con- 
tained in  that  part  of  the  thirty  ninth  chapter  of  the  Re- 
vised Statutes  which  relates  to  rail-road  corporations;  in  the 
forty-fourth  chapter  of  said  Revised  Statutes,  and  other 
subsequent  acts,  relating  to  rail-road  corporations.  And 
the  said  corporation  is  hereby  authorized  and  empowered 
to  locate,  construct  and  finally  complete  a  rail-road,  with 
one  or  more  tracks,  from  a  point  at  or  near  the  depot  of  the 


1844.- 


■Chap.  109. 


213 


Eastern  Rail-road  Company,  in  Salisbury  aforesaid,  thence 
running  westerly  to  a  point  near  the  dwelling-house  of  Har- 
rison Fowler,  in  Salisbury  aforesaid,  thence  westerly  to  a 
point  near  the  dwelling-house  of  David  Flanders,  in  Salis- 
bury aforesaid,  thence  northerly  to  some  point  between  the 
dwelUng-housc  owned  by  Sylvanus  Brown  and  the  house 
owned  by  the  Amesbury  Flannel  Manufacturing  Company, 
and  occupied  by  Moses  Gordon,  in  Salisbury  aforesaid. 

Sect.  2.  The  capital  stock  of  said  rail-road  company 
shall  consist  of  not  more  than  five  hundred  shares,  the 
number  of  which  shall  be  determined,  from  time  to  time,  by 
the  directors  thereof,  and  no  assessment  shall  be  laid  there- 
on of  a  greater  amount  in  the  whole  than  one  hundred  dol- 
lars on  each  share  ;  and  the  said  corporation  may  purchase 
and  hold  such  real  estate  on  the  line  of  said  road,  and  at  its 
termination  in  Salisbury  or  Amesbury,  and  such  materials, 
cars,  engines  and  other  things,  as  may  be  necessary  for  de- 
pots for  the  use  of  said  road,  and  for  the  transportation  of 
persons,  goods  and  merchandize.  And  the  said  corpora- 
tion may  make  such  arrangements  with  the  Eastern  Rail- 
road Company,  either  by  the  sale  and  transfer  of  the  whole 
or  part  of  the  franchise  hereby  granted,  or  by  a  sale  and 
transfer  of  the  whole  or  part  of  said  road,  or  by  a  lease  of 
the  same,  as  may  be  mutually  agreed  upon  by  the  directors 
of  said  corporations ;  and  in  such  case  said  Eastern  Rail- 
road Company  may  transport  passengers  and  property  on 
the  said  Salisbury  Branch  Rail- road,  with  the  same  privi- 
leges as  upon  the  residue  of  the  line  of  said  Eastern  Rail- 
road. And  in  case  no  such  agreement  for  the  sale  or  lease 
of  said  branch  rail-road  to  said  Eastern  Rail- road  Company 
be  effected,  the  said  branch  rail-road  are  hereby  authorized 
to  enter  with  their  rail-road  upon  such  part  of  the  Eastern 
Rail-road  in  Salisbury  as  shall  be  deemed  most  expedient, 
paying  for  the  right  to  use  the  same,  or  any  part  thereof, 
such  a  rate  of  toll  as  the  Legislature  may,  from  time  to  time, 
prescribe,  and  complying  with  such  rules  and  regulations 
as  may  be  established  by  the  directors  of  said  Eastern  Rail- 
road. 

Sect.  3.  If  the  location  of  said  road  be  not  filed  accord- 
ing to  law,  or  if  said  company  shall  not  complete  said  road 
to  the  extent  provided  for  in  the  first  section  of  this  act, 
with  at  least  one  track,  within  three  years  from  the  date  of 
the  same,  then  this  act  shall  be  null  and  void. 

Sect.  4.  The  legislature  may  authorize  any  company  to 
enter  with  another  rail-road  at  any  point  of  said  branch 
rail-road,  and  use  the  same,  or  any  part  thereof,  paying 
therefor  such  a  rate  of  toll  or  compensation  as  the  lejiisla- 
ture  may,  from  time  to  time,  prescribe,  or  that  may  be  fixed 
under  the  provisions  of  any  general  law  of  this  Common- 
28 


Capital  stock 
not  to  exceed 
500  shares. 

Not  more  than 
Si 00  to  be  as- 
sessed on  each 
share. 

Real  estate  and 
other  property. 


May  make  cer- 
tain arrange- 
ments with  the 
Eastern  Rail- 
road Company. 


Or  may  enter 
upon  that  road 
in  Salisbury, 
and  may  use 
it,  or  any  part ; 
provided,  oic. 


Location  to  be 
filed   according 
to  law,  and  a 
portion  to  be 
completed 
■within  three 
years. 

May  be  entered 
by  any  other 
rail -road,  under 
authority  of  the 
legislature. 


214 


1844.- 


-Chap.  109—110. 


After  five  years 
the  legislature 
may  reduce  the 
rale  of  tolls 
and  other  pro- 
fits, provided, 
&c. 


When  to  take 
effect. 


Chap  no. 


Persons  incor- 
porated for  20 
years. 


To  insure  fire 
and  mnrine 
risks,  on  the 
mutual  princi- 
ple. 


No  policy  to  be 
issued  until 
$100,000  are 
paid  in  and  in- 
vested. 


Legal  Interest, 
principal  and 
profits,  when  to 
be  paid  and  on 
what  condi- 
tions. 


Guarantee  cap- 
ital, independ^ 
ent  of  resour- 
ces subject  to 
be  converted 
jnlo  premiums. 


wealth,  complying  with  such  rules  and  regulations  as  may 
be  established  by  said  Salisbury  Branch  Rail-road. 

Sect.  5.  The  legislature  may,  after  the  expiration  of 
five  years  from  the  time  when  the  said  rail-road  shall  be 
opened  for  use,  from  time  to  time  reduce  the  rate  of  tolls 
or  other  profits  upon  said  rail-road  ;  but  the  said  rate  of  toll 
shall  not,  without  the  consent  of  said  corporation,  be  so  re- 
duced as  to  produce,  with  said  profits,  less  than  ten  per 
centum  per  annum. 

Sect.  6.  This  act  shall  take  effect  from  and  after  its 
passage.     [App7'oved  by  the  Governor,  March  15,  1844.] 

An  Act  to  incorporate  the  Tremont  Mutual  Insurance  Company. 

BE  it  enacted  by  the  Sejinte  and  Honse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 

Sect.  1.  Philo  S.  Shelton,  Charles  Wilkins,  John  G. 
Nazro,  their  associates  and  successors,  are  hereby  made  a 
corporation,  for  the  term  of  twenty  years,  by  the  name 
of  the  Tremont  Mutual  Insurance  Company,  to  be  estab- 
lished in  the  city  of  Boston,  for  the  purpose  of  making 
maritime  loans  and  insurance  against  maritime  losses  and 
losses  by  fire,  on  the  mutual  principle,  Avith  all  the  powers 
and  privileges,  and  subject  to  all  the  dnties,  liabilities,  and 
restrictions,  set  forth  in  the  thirty-seventh  and  forty-fourth 
chapters  of  the  Revised  Statutes,  so  far  as  the  same  are 
applicable  to  the  corporation  hereby  created. 

Sect.  2.  No  policy  of  insurance  shall  be  issued  by  said 
company  until  a  fund  of  one  hundred  thousand  dollars  in 
cash  shall  have  been  paid  in  for  the  protection  of  the  as- 
sured, and  invested,  as  by  law  required  of  insurance  com- 
panies heretofore  incorporated. 

Sect.  3.  The  said  company  may  pay  semi-annually  the 
legal  interest  on  the  aforesaid  fund,  and  may  pay  the  prin- 
cipal of  the  fund  whenever  their  net  profits  shall  amount  to 
the  sum  of  one  hundred  thousand  dollars,  and  the  same 
shall  have  been  invested  according  to  law  as  aforesaid;  and 
no  further  division  of  the  net  profits  or  funds  of  the  company 
shall  be  made,  without  leaving  at  least  two  hundred  thou- 
sand dollars  invested  as  aforesaid  until  the  expiration  of 
this  act. 

Sect.  4.  The  guarantee  capital  provided  for  in  this  act, 
shall  be  in  addition  to  any  resources  which  can  be  convert- 
ed into  premiums.  [Approved  by  the  Governor,  March  15, 
1844.] 


1844. Chap.  111—114.  215 

An  Act  in  addition  to  an  Act  to  incorporate  the  Boston  Female  Asylum.        ChctV  111. 

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

The  Boston  Female  Asylum  may  hold  real  estate  to  the  May  hold  real 
amount  of  seventy-five  thousand  dollars,  any  thing  in  the  ex!fJed"«75^ooo. 
act  incorporating  saidasylnm  to  the  contrary  notwithstand- 
standing.     [Approved  by  the  Governor,  March.  15,  1844.] 

An  Act  to  authorize  John  Hoppin  to  extend  his  Wharf.  ChctV  112. 

Be  it  enacted  by  the  Senate  and  House  of  Reprcsetita- 
tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

John   Hoppin  is  hereby  authorized  and  empowered  to  ^'\^^the^iae^' 
extend  and  maintain  his  wharf  in  the  city  of  Boston,  in  the  &c. 
direction  in  which  it  now  runs,  to  the  line  established  by 
the  acts  concerning  the  harbor  of  Boston,  passed  on   the 
seventeenth  day  of  March,  in  the  year  one  thousand  eight 
hundred  and  forty,  and  on  the  sixth  day  of  March,  in  the 
year  one  thousand  eight  hundred  and  forty-one,  and  shall 
have  the  right  to  lay  vessels  at  the  sides  and  end  of  said 
wharf,  and  receive  wharfage  and  dockage  therefor:  provi-  Provided, &c. 
ded,  that  so  much  of  said  wharf  as  shall  extend  beyond  low 
water  mark  shall  be  built  on  piles,  and  that  the  provisions 
of  this  act  shall  not  interfere  with  the  private  rights  of  any 
person  or   persons  whatever.     [Approved  by  the  Governor, 
March  15,  1 844. J 

An  Act  to  authorize  the  New  England  Mutual  Marine  Insurance  Company    ChCLJ)  1 13. 
to  divide  the  interest  upon  their  invested  funds.  -^ 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, 171  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

The  New  England  Mutual  Marine  Insurance  Company  ^Z^ovfl^' 
are  hereby  authorized  and  empowered  to  divide  the  inter-  come  from  ia- 
est,  or  income,  over  and  above  all  known  losses  and  ex-  ^l^'^'^.^""'^^' 

'  '  .  .  , .  when  trie  same, 

penses  that  shall  accrue  from  the  nivestment  accordmg  to  independent  of 
law,  of  their  funds,  whenever  and  so  long  as  said  fimds  resources  con- 

vcrtiblc  iDto 

shall  amount  to  the  sum  of  one  hundred   thousand  dollars,   premiums, 
exclusive  of  premium  notes  and  such  other  resources  as  can  |"^°""'j}° 
be  converted   into  premiums.     [Ajjproved  by  the  Governor,         ' 
March  15,  1844.] 

An  Act  to  incorporate  the  Barnstable  County  Agricultural  Society.  OilCtp  114. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  Genei-al  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 

Sect.  1.     John   Reed,    John    B.   Dillingham   and  J.    B.  ^^g°^^^'^'' 
Phinney,  their  associates  and  successors,  are  hereby  made 


216 


1844.- 


■Chap.  114—115. 


To  hold  real 
estate  not  ex- 
ceeding 
$20,000,  and 
personal  estate 
yielding  an  in- 
come not  ex- 
ceeding $5000. 


Chap  U  5. 


Dividends  of 
estates  of  per- 
sons deceased, 
insolvent,  re- 
maining un- 
claimed for 
twenty  years, 
shall  be  distri- 
buted anew,  &c. 
by  order  of  the 
judge  of  pro- 
bate. 


Administration 
to  be  granted 
on  estates  of 
deceased  per- 
sons, interested 
in  such  un- 
claimed divi- 
dends. 


a  corporation  by  the  name  of  the  Barnstable  Connty  Agri- 
cultural Society,  with  all  the  powers  and  privileges,  and 
subject  to  all  the  duties,  restrictions  and  liabilities,  contained 
and  set  forth  in  the  forty-second  and  forty-fourth  chapters 
of  the  Revised  Statutes. 

Sect.  2.  The  said  corporation  may  hold  real  estate  not 
exceeding  twenty  thousand  dollars,  and  personal  estate, 
the  annual  income  of  which  shall  not  exceed  five  thousand 
dollars,  to  be  devoted  and  appropriated  exclusively  to  the 
purposes  of  an  agricultural  society.  \ Approved  by  the  Gov- 
ernor, March  15,  1844.] 

An  Act  concerning  the  Settlement  of  Estates  of  persons  deceased  insolvent. 

B£J  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  In  all  cases  in  which  the  estate  of  any  person 
deceased  has  been,  or  shall  hereafter  be  represented  insol- 
vent, and  by  proceedings  duly  had  in  the  court  of  probate, 
such  insolvency  shall  have  been,  or  shall  be  established, 
and  the  estate  of  such  deceased  person  decreed  to  be  distri- 
buted among  creditors  whose  claims  have  been  duly  proved 
and  allowed,  the  judge  of  probate  for  the  county  in  which 
said  proceedings  were  had,  shall,  and  may,  after  the  expi- 
ration of  twenty  years  from  said  decree  of  distribution,  upon 
application  of  any  of  said  creditors  or  their  representatives, 
and  after  a  notice  of  such  application  in  one  or  more  news- 
papers published  in  said  county,  for  not  less  than  two 
years,  on  such  days  as  he  may  deem  reasonable,  order  any 
dividends  remaining  unclaimed  in  the  hands  of  the  execu- 
tor or  administrator  of  said  estate,  together  with  any  inter- 
est that  may  have  been  received  thereon,  to  be  distributed 
anew  among  such  of  the  creditors  whose  claims  have  been 
approved  and  allowed  as  aforesaid,  and  who  shall  have 
received  their  dividends,  to  the  extent  of  satisfying  the  said 
claims  of  such  creditors,  with  interest,  first  deducting  from 
the  amount  so  held  by  such  executor  or  administrator,  all 
sums  by  him  expended  since  the  last  decree  of  distribution 
in  and  about  the  said  estate,  and  the  care  and  custody  of 
such  unclaimed  dividends.  And  if  there  shall  be  a  surplus 
beyond  what  is  necessary  to  pay  the  demands  of  such  cre- 
ditors, such  surplus  shall  by  said  judge  of  probate  be  distri- 
buted to  the  heirs  at  law  of  such  deceased. 

Sect.  2.  If  any  of  such  creditors  who  shall  have  failed 
to  receive  their  dividends  as  aforesaid,  shall  have  deceased, 
and  the  time  within  which  administration  might  by  law  have 
been  granted  on  their  estates  shall  have  expired,  the  judge 
of  probate  for  the  county  in  which  such  administration 
might  have  been  granted,  shall,  and  may,  at  any  time  be- 
fore passing  a  decree  to  distribute  such  unclaimed  divi- 


1844.- 


•Chap.  115—116. 


217 


dends,  grant  administration  upon  the  estate  of  such  de- 
ceased creditor,  in  the  same  manner,  and  to  the  same  ef- 
fect, as  if  the  same  had  been  granted  within  the  time  pre- 
scribed by  law.  And  the  estate  of  such  deceased  person, 
in  the  hands  of  such  administrator,  shall  be  liable  for  the 
payment  of  his  just  debts,  and  be  administered  in  all  re- 
spects in  the  same  manner  as  if  such  administration  had 
been  granted  within  thirty  days  after  the  death  of  such 
person  deceased.  [Approved  by  the  Governor,  March  15, 
1844.] 

An  Act  to  establish  the  Salisbury  and  East  Kingston  Rail-road  Company. 

BE  it  etiacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Conrt  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 

Sect.  1.  Thomas  J.  Clark,  Nathaniel  White,  and  Na- 
thaniel B.  Gordon,  their  associates  and  successors,  are 
hereby  made  a  corporation,  by  the  name  of  the  Salisbury 
and  East  Kingston  Rail-road  Company,  with  all  the 
powers  and  privileges,  and  subject  to  all  the  duties,  liabili- 
ties, and  provisions,  contained  in  the  forty-fourth  chapter 
of  the  Revised  Statutes,  and  in  that  part  of  the  tliirty- 
ninth  chapter  of  the  Revised  Statutes,  which  relates  to 
rail-road  corporations,  and  other  subsequent  acts  relating 
to  rail-road  corporations.  And  the  said  corporation  is 
hereby  authorized  and  empowered  to  locate,  construct,  and 
finally  complete  a  rail-road,  with  one  or  more  tracks,  from 
some  point  in  Amesbury  or  Salisbury,  between  the  dwell- 
ing-house of  Benjamin  Young  in  said  Amesbury,  and  the 
house  of  John  Davis  in  Salisbury  ;  thence  running  a  nor- 
therly direction,  near  the  banks  of  the  Powow  river,  to  the 
boundary  line  between  the  Commonwealth  and  the  State 
of  New  Hampshire. 

Sect.  2.  The  capital  stock  of  said  rail-road  company 
shall  consist  of  not  more  than  two  hundred  and  fifty 
shares,  the  number  of  which  shall  be  determined,  from 
time  to  time,  by  the  directors  thereof,  and  no  assessment 
shall  be  laid  thereon,  of  a  greater  amount,  in  the  whole, 
than  one  hundred  dollars  on  each  share.  And  the  said 
corporation  may  purchase  and  hold  such  real  estate,  on  the 
line,  and  at  the  termination  of  said  road,  and  such  mate- 
rials, cars,  engines,  and  other  things,  as  may  be  necessary 
for  depots,  for  the  use  of  said  road,  and  for  the  transporta- 
tion of  persons,  goods,  and  merchandize.  And  the  said 
corporation  may  make  such  arrangements  with  the  Boston 
and  Maine  Rail-road,  either  by  the  sale  or  transfer  of  the 
whole  or  part  of  the  franchise  hereby  granted,  or  by  the 
sale  or  lease  of  the  whole  or  part  of  said  road,  as  may  be 
mutually  agreed  on  by  the  directors  of  said  corporations, 
and  in  such   case  said   Boston  and  Maine  Rail-road  may 


Chap  116. 


Persons  incor- 
porated. 


Location  of 
road. 


Capital  stock 
to  consist  of 
not  more  than 
250  shares,  and 
not  more  than 
Si 00  may  be 
assessed  on 
each  share. 

Real  estate  and 
other  property. 


May  make 
arrangements, 
&c.,  with  the 
Boston  and 
Maine  Rail- 
road Company. 


218 


1844.. 


-Chap.  116—118. 


Location  filed 
and  a  portion 
completed 
within  three 
years. 


An^'  other 
company  au- 
thorized by  the 
Legislature 
may  enter  the 
road,  provided, 
&c. 


After  five  years 
the  Legislature 
may  reduce 
tolls  and 
profits,  pro- 
vided, &c, 


When  to  take 
effect. 


ChapUl. 


Wharf  may  be 
extended  to  a 
line,  &c. 


Provided,  &c. 


ChapUl. 


Persons  incor- 


transport  passengers  and  property  on  said  Salisbury  and 
East  Kingston  Rail-road,  with  the  same  privileges  as  upon 
the  residue  of  their  line. 

Sect.  3.  If  the  location  of  said  road  be  not  filed  accord- 
ing to  law,  or  if  said  company  shall  not  complete  said 
road  to  the  extent  provided  for  in  the  first  section  of  this 
act,  with  at  least  one  track,  within  three  years  from  the 
date  of  the  same,  then  this  act  shall  be  null  and  void. 

Sect.  4.  The  Legislature  may  authorize  any  company 
to  enter  with  another  rail-road,  at  any  point  of  said  Salis- 
bury and  East  Kingston  Rail-road,  and  use  the  same,  or 
any  part  thereof,  paying  therefor  such  a  rate  of  toll  or 
compensation  as  the  Legislature  ma}'',  from  time  to  time, 
prescribe,  or  that  may  be  fixed,  under  the  provisions  of 
any  general  law  of  this  Commonwealth,  complying  with 
such  rules  and  regulations  as  may  be  established  by  said 
Salisbury  and  East  Kingston  Rail-road  Company;  and 
the  Legislature  may,  after  the  expiration  of  five  years  from 
the  time,  when  the  said  rail-road  shall  be  opened  for  use, 
from  time  to  time,  reduce  the  rate  of  tolls  or  other  profits 
upon  said  rail-road  ;  but  said  tolls  shall  not,  without  the 
consent  of  said  corporation,  be  reduced  so  as  to  produce 
with  said  profits  less  than  ten  per  centum  per  annum. 

Sect.  5.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  15,  1844.] 

An  Act  to  authorize  Jarvis  Braman  to  extend  his  wharf. 

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

Jarvis  Braman  is  hereby  authorized  and  empowered  to 
extend  and  maintain  his  wharf  in  the  city  of  Boston,  in 
the  direction  in  which  it  now  runs,  to  the  line  established 
by  the  acts  concerning  the  harbor  of  Boston,  passed  on  the 
seventeenth  day  of  March,  in  the  year  one  thousand  eight 
hundred  and  forty,  and  on  the  sixth  day  of  March,  in  the  year 
one  thousand  eight  hundred  and  forty-one,  and  shall  have 
the  right  to  lay  vessels  at  the  sides  and  ends  of  said  wharf, 
and  receive  wharfage  and  dockage  therefor  :  provided,  that 
so  much  of  said  wharf  as  shall  extend  beyond  low  water 
mark,  shall  be  built  on  piles,  and  that  the  provisions  of 
this  act  shall  not  interfere  with  the  private  rights  of  any 
person  or  persons  whatever.  \Approvcd  by  the  Governor., 
March  15,  1844.] 

All  Act  to  incorporate  the  General  Mutual  Fire  and  Marine  Insurance  Com- 
pany. 

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

Sect.  1.     Pelham  W.  Hayward,  William  Parsons,  Ben- 


1844.- 


■Chap.  118—119. 


219 


No  policy  of  insurance  shall  be  issued  by  said  No  policy  to  be 

.,  '^       r       1       f  1  1       1,1  1111  issued  till 


jamin  C.  White,  their  associates  and  successors,  are  hereby  porated  for^ 
made  a  corporation  for  the  term  of  twenty  years,  by  the    ^"^^^ 
name  of  the  General   Mutual  Fire  and  Marine  Insurance 
Company,  to  be  established  in  the  city  of  Boston,  for  the  To  insure  ma- 
purpose  of  making  maritime  loans  and  insurance  against  riskJ^'on  the 
maritime  losses  and  losses  by  fire,  on  the  mutual  principle,    mutual  princl- 
with  all   the  powers  and  privileges,  and  subject  to  all  the  P'^- 
duties,  liabilities  and  restrictions,  set  forth   in  the  thirty- 
seventh  and  forty-fourth  chapters  of  the  Revised  Statutes, 
so  far  as  the  same  are  applicable  to  the  corporation   hereby 
created. 

Sect.  2. 
company,  until   a  fund  of  one  hundred  thousand   dollars  $100,000  have 
shall  have  been  paid  in,  in  cash,  for  the  protection  of  the  been  paid  in, 
assured,   and  invested  as  by  law   required  of  insurance   ^^  "^"^^  ^ 
companies  heretofore  incorporated. 

Sect.  3.  The  said  company  may  pay,  semi-annually.  Legal  interest 
the  legal  interest  on  the  aforesaid  fund,  and  may  pay  the  ^av^be°paid^ 
principal  of  the  fund,  whenever  their  net  profits  shall  whenever  net 
amount  to  the  sum  of  one  hundred  thousand  dollars,  and  P"""^.^* *?i°"i!!n 

1  1      11     1  1  •  1  1-  1  ing  to  $100,000 

the   same  shall  have  been  mvested  according  to  law   as  have  been  ia- 

aforesaid  ;  and  no   further  division  of   the  net   profits  or  vested. 

funds  of  the  company  shall   be  made,  without  leaving  at  ^°ion"o  mke' 

least   two  hundred  thousand  dollars  invested  as  aforesaid,  place  till  $200,- 

until  the  expiration  of  this  act.  Poo  ^^^^  been 

f>  ,       ■'mi  -1  •  1     1    ^       •        ,  ■  invested. 

Sect.  4.     The  guarantee  capital  provided  for  in  this  act,    _ 

,,,,.  IT-  ^  ^  ,■,  ,  '    Guarantee  cap- 

shall  be  in  addition  to  any  resources  which  can  be  con-  itai  to  be  inde- 
verted  into  premiums.     \ Approved  by  the  Governor,  March  pendent  of  re- 

15,18.14.]  «n,i...«.nn- 


sources  con- 
vertible into 
premiums. 


Capital  may  be 
reduced  to 
$120,000  after 
April  1st,  and 
wnen  a  com- 
missioner shall 


An  Act  to  reduce  the  Capital  Stock  of  the  Warren  Bank,  in  Danvers.  ChcttJ  119. 

BE  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios : 

Sect.  1.  From  and  after  the  first  day  of  April  next,  the 
president,  directors,  and  company  of  the  Warren  ]3ank,  are 
hereby  authorized  to  reduce  their  capital  stock  to  the  sum 
of  one  hundred  and  twenty  thousand  dollars ;  provided, 
that  no  dividend  of  any  part  of  the  present  capital  stock  have reponTd 
shall  be  made,  nor  shall  such  reduction  take  place,  until  a 
commissioner  to  be  appointed  by  the  governor  and  council 
for  that  purpose,  at  the  expense  of  said  corporation,  shall 
have  certified  in  writing  to  the  governor  and  council,  after 
due  examination,  that  the  said  corporation  has  sufiicient 
funds  for  the  payment  of  all  notes,  bills,  deposits,  and  other 
demands  existing  against  it,  and  after  the  payment  thereof, 
and  extinguishing  the  number  of  sliares  hereby  authorized 
to  be  extinguished,  the  net  sum  of  one  hundred  and  twenty 
thousand  dollars  will  remain  in  said  bank  as  capital  stock, 


220 


1844.- 


■Chap.   119—120. 


Reduction  to  be 
made  by  extin- 
guishing 300 
shares. 


Tax  to  be  levi- 
ed as  hereto- 
fore till  April 
1st,  and  till  a 
commissioner 
shall  have  re- 
ported. 


When  to  take 
effect. 


Chap  120. 


Insanity  of  a 
convict  confin- 
ed in  the  state 
prison  to  be 
made  known  to, 
and  considered 
by,  a  commis- 
sion for  ex- 
amining, &c- 


Which  com- 
mission shall 
report  to  the 
judge  of  the 
municipal 
court,  &c. 
Who  shall  is- 
sue his  warrant 
directing  the 
convict  to  be  re- 
moved and 
kept,  iSic. 


in  funds  available  for  all  usual  and  proper  banking  pur- 
poses. 

Sect.  2.  To  reduce  said  capital  stock  as  aforesaid,  the 
said  corporation  shall  extinguish  three  hundred  shares  there- 
in, so  that  each  of  the  remaining  twelve  hundred  shares 
shall  be  of  the  par  value  of  one  hundred  dollars. 

Sect.  3.  From  and  after  the  said  first  day  of  April  next, 
previous  to  wiiich  time  the  commissioner  herein  provided 
for  shall  make  and  deliver  his  certificate  to  the  governor 
and  council  as  aforesaid,  all  the  rights,  duties  and*liabilities 
of  said  bank  shall  have  relation  to  and  be  governed  by  said 
reduced  capital  stock  of  one  hundred  and  twenty  thousand 
dollars  ;  and  until  the  said  first  day  of  April  next,  and  the 
said  certificate  shall  have  been  made  and  delivered  as  afore- 
said, the  said  bank  shall  continue  to  pay  into  the  treasury 
of  the  Commonwealth  the  tax  required  by  law  to  be  paid 
on  the  present  capital  of  said  bank;  and  nothing  con- 
tained in  this  act  shall  be  construed  to  affect  the  liability  of 
the  corporation,  or  of  the  individual  stockholders,  as  estab- 
lished by  the  act  incorporating  said  bank. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor^  March  15,  1844.] 

An  AoT  entitled,  an  Act  for  the  removal  of  Insane  Convicts  from  the  State 

Prison. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ 171  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  Whenever  a  convict  confined  in  the  State  Pris- 
on shall  become  deranged,  it  shall  be  the  duty  of  the  war- 
den or  the  inspectors  of  the  prison  to  communicate  notice  of 
the  fact  to  the  chairman  of  the  commission  for  examining  in- 
sane convicts  in  the  State  Prison.  The  said  chairman,  upon 
receiving  said  notice,  shall  forthwith  call  together  the  mem- 
bers of  said  commission,  at  the  prison  aforesaid,  who  shall 
proceed  to  investigate,  and,  after  due  examination,  report 
upon  the  supposed  case  of  insanity,  if  any  report  be  neces- 
sary. 

Sect.  2.  If,  in  the  opinion  of  said  commission,  or  the  ma- 
jority of  them,  the  convict  has  become  insane,  and  in  their 
opinion  his  removal  would  be  expedient,  they  shall  report  the 
same,  together  with  their  reasons,  to  the  judge  of  the  mu- 
nicipal court  of  the  city  of  Boston,  who,  on  receiving  said 
report,  shall  issue  his  warrant,  under  the  seal  of  the  court, 
directed  to  the  warden,  and  authorizing  him  to  remove  said 
convict  to  the  State  Lunatic  Hospital  at  Worcester,  there  to 
be  kept  till  in  the  opinion  of  the  superintendent  and  trustees 
thereof,  he  may  be  recommitted  to  the  State  Prison  consistent 
with  health.  And  said  superintendent,  when  so  satisfied 
as  aforesaid,  shall  certify  the  fact  of  such  restoration  upon 
the  warrant  aforesaid,  and  give  notice  thprpof  tr  ty^  •-  - 


1844. Chap.  120—121.  221 

den,  who  shall  thereupon  cause  the  convict  to  be  re-con- 
veyed to  the  State  Prison,  there  to  suffer  the  residue  of  his 
sentence  pursuant  to  his  original  commitment. 

Sect.  3.     The  physician  of  the  State  Prison,  who  shall    Commission, 
also  be  chairman,  together  with  the  superintendents  for  the  constituted  and 
time  being  of  the  State  Lunatic  Hospital,  and  of  the  McLean  paid. 
Asylum  at  Somerville,  shall  constitute  the  commission  for 
the  examination  of  convicts  in  the  State  Prison  aforesaid  al- 
leged to  be  insane  ;  and  each  of  said  commissioners  shall 
receive  for  his  services  in   such  capacity  three  dollars  per 
day  for  each  and  every  day  he  may  be  so  employed,  and 
be  remunerated  for  all  his  travelling  expenses,  the  same  to 
be  an  expense  chargeable  to  the  prison. 

Sect.  4.     This  act  shall  take  effect  from  and  after  its    When  to  take 
passage.     [Approved  by  the  Governor^  March  15,  1844.]  ®^^'^'" 

An.  Act  to  incorporate  the  Franklin  Mutual  Insurance  Company,  of  Boston.    Chup  121. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follou)s  : 

Sect.   1.     Francis  Welch,  Samuel  K.  Williams,  Thomas   Persons incor- 
Adams,  their  associates  and  successors,  are  hereby  made  a  yga^s'^'^ ^""^ ^"^ 
corporation,  for  the  term  of  twenty  years,  by  the  name  of 
the  Franklin  Mutual  Insurance  Company,  of  Boston,  to  be 
established  in  the  city  of  Boston,  for  the  purpose  of  making 
maritime  loans  and  insurance  against  maritime  losses  and  To  insure  fire 
losses  by  fire,  on  the  mutual  principle,  with  all  the  powers    r^kr©" the 
and  privileges,  and  subject  to  all  the  duties,   liabilities  and    mutual  princi- 
restrictions,  snt  forth  in  the  thirty-seventh  and  forty-fourth   P'®- 
chapters  of  the  Revised  Statutes,  so  far  as  the  same  are  ap- 
plicable to  the  corporation  hereby  created. 

Sect.  2.     No  policy  of  insurance  shall  be  issued  by  said   No  policy  of  m- 
company  until  a  fund  of  one  hundred  thousand  dollars  in  is"s'ued  before 
cash  shall  have  been  paid  in  for  the  protection  of  the  assur-  the  investment 
ed,  and  invested  as  by  law  required  of  insurance  companies   $100000. 
heretofore  incorporated. 

Sect.  3.     The  said  company  may  pay  semi-annually,  the  Lesal  interest 
legal  interest  on  the  aforesaid  fund,  and  may  pay  the  prin-   ^ohe^pJid^^^ 
cipal   of  the  fund,  whenever  their  net  profits  shall  amount   whenevemet 
to  the  sum  of  one  hnndred  thousand  dollars,  and  the  same    beenhivesttd 
shall  have  been   invested  according  to  law  as  aforesaid;    to  the  amount 
and  no  further  division  of  the  net  profits  or  funds  of  the   of  ^•o'^.^^'^o- 
company  shall  b  ■■  made,  without  leaving  at  least  two  hun-    ^sion^to^be*^^' 
dred  thousand  dollars  invested  as  aforesaid,  until  the  ex-    made,  exeeptof 
pirationofthisact.  ----- 

Sect.  4.  1  no  guarantee  capital  provided  for  in  this  act,  Guarantee  cap- 
shall  be  in  addition  to  any  resources  which  can  be  convert-  itai  to  he  inde- 
ed into  premiums.     [Approved  by  the  Governor^  March  15,   ^ourSs  c°o^n-^'^ 

1844.]  vertihle  into 

29  premiums. 


222 


1844.- 


-Chap.  122—124. 


Chap  122. 


Persons  incor- 
porated. 


To  manufac- 
ture cotton  gins 
and  other  ma- 
chinery in 
Bridge  water. 


Real  estate  not 
to  exceed 
$30,000,  and 
capital  stock 
$100,000. 


Chap  123. 


Wharf  to  be 
extended  to  the 
line,  &c. 


Provided,  &c. 


Chap  124. 


Persons  incor- 
porated for  20 
years. 


To  insure  fire 
and  marine 
risks  on  the 
mutual  princi- 
ple. 


An  Act  to  incorporate  the  Eagle  Cotton  Gin  Manufacturing  Company. 

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

Sect.  1.  Joseph  A.  Hyde,  Waldo  Ames,  Philo  Keith, 
their  associates  and  successors,  are  hereby  made  a  corpora- 
tion by  the  name  of  the  Eagle  Cotton  Gin  Manufacturing 
Company,  for  the  purpose  of  manufacturing  cotton  gins 
and  other  machinery  in  the  town  of  Bridgewater,  in  the 
county  of  Plymouth,  and  for  this  purpose  shall  have  all 
the  powers  snd  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 
aforesaid,  real  estate  to  the  amount  of  thirty  thousand 
dollars,  and  the  whole  capital  stock  of  said  corporation 
shall  not  exceed  the  amount  of  one  himdred  thousand  dol- 
lars.    [Approved  by  the  Governor^  March  15,  1844.] 


An  Act  to  authorize  Joseph  Lincoln  to  extend  his  Wharf. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios  : 

Joseph  Lincoln  is  hereby  authorized  and  empowered  to 
extend  and  maintain  his  wharf  in  the  city  of  Boston,  in 
the  direction  in  which  it  now  runs,  to  the  line  established 
by  the  acts  concerning  the  harbor  of  Boston,  passed  on  the 
seventeenth  day  of  March,  in  the  year  one  thousand  eight 
hundred  and  forty,  and  on  the  sixth  day  of  March,  in  the 
year  one  thousand  eight  hundred  and  forty  one ;  and  shall 
have  the  right  to  lay  vessels  at  the  sides  and  end  of  said 
wharf  and  receive  wharfage  and  dockage  therefor  :  j)ro- 
vided,  that  so  much  of  said  wharf  as  shall  extend  beyond 
low  water  mark  shall  be  built  on  piles,  and  that  the  pro- 
visions of  this  act  shall  not  interfere  with  the  private  rights 
of  any  person  or  persons  whatever.  [Ajjpioved  by  the 
Governor,  March  15,  1844.] 

An  Act  to  incorporate  the  Traders  Mutual  Insurance  Company. 

BE  it  enacted  by  the  Senate  and  Hovse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sarne,  as  follows  : 

Sect.  1.  E.  Edes  Bradshaw,  Adam  W.  Thaxter,  Jr., 
Peter  C.  Brooks,  Jr.,  their  associates  and  successors,  are 
hereby  made  a  corporation  for  the  term  of  twenty  years, 
by  the  name  of  the  Traders  Mutual  Insurance  Company, 
to  be  established  in  the  city  of  Boston,  for  the  purpose  of 
making  maritime  loans  and  insurance  against  maritime 
losses  and  losses  by  fire,  on  the  mutual  principle,  with  all 


1844 Chap.  124—125. 


223 


the  powe 's  and  privileges,  and  subject  to  all  the  duties, 
liabilities  and  restrictions,  set  forth  in  the  thirty-seventh 
and  forty-fourth  chapters  of  the  E.evised  Statutes,  so  far  as 
the  same  shall  be  applicable  to  the  corporation  hereby  cre- 
ated. 

Sect.  2.  No  policy  of  insurance  shall  be  issued  by  said 
company  until  a  fund  of  one  hundred  thousand  dollars  in 
cash  shall  have  been  paid  in  for  the  protection  of  the  as- 
sured, and  invested  as  by  law  required  of  insurance  com- 
panies heretofore  incorporated. 

Sect.  3.  The  said  company  may  pay  semi-annually 
the  legal  interest  on  the  aforesaid  lund,  and  may  pay  the 
principal  of  the  fund  whenever  their  net  profits  shall 
amount  to  the  sum  of  one  hundred  thousand  dollars,  and 
the  same  shall  have  been  invested  according  to  law  as 
aforesaid ;  and  no  other  division  of  the  net  profits  or  funds 
of  the  company  shall  be  made,  without  leaving  at  least 
two  hundred  thousand  dollars  invested  as  aforesaid,  until 
the  expiration  of  this  act. 

Sect.  4.  The  guarantee  capital  provided  for  in  this  act 
shall  be  in  addition  to  any  resources  which  can  be  con- 
verted into  premiums.  \^Apj)roved  by  the  Governor^  March 
15,  1844.] 


No  policy  to  be 
issued  before 
the  investment 
of  a  fund  of 
SlOO,000. 


Legal  interest 
and  principal 
may  be  paid 
when  net  prof- 
its of  $100,000 
have  been  in- 
vested. 

No  other  divis- 
ion to  be  made 
before  invest- 
ment of 
$200,000. 

Guarantee 
capital  to  be 
independent  of 
resources  con- 
vertible into 
premiums. 


An  Act  to  incorporate  the  Neptune  Mutual  Insurance  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sa77ie,  as  folhivs  : 

Sect.  1.  Caleb  Curtis,  John  P.  Thorndike,  Samuel  Quin- 
cy,  their  associates  and  successors,  are  hereby  made  a  cor- 
poration for  the  term  of  twenty  years,  by  the  name  of  the 
Neptune  Mutual  Insurance  Company,  to  be  established  in 
the  city  of  Boston,  for  the  purpose  of  making  maritime 
loans  and  insurance  against  maritime  losses  and  losses  by 
fire,  on  the  mutual  principle,  with  all  the  powers  and  privi- 
leges, and  subject  to  all  the  duties,  liabilities  and  restric- 
tions, set  forth  in  the  thirty-seventh  and  forty-fourth  chap- 
ters of  the  Revised  Statutes,  so  far  as  the  same  are  appli- 
cable to  the  corporation  hereby  created. 

Sect.  2.  No  policy  of  insurance  shall  be  issued  by  said 
company  until  a  fund  of  one  hundred  thousand  dollars  in 
cash  shall  have  been  paid  in  for  the  protection  of  the  assur- 
ed, and  invested  as  by  law  required  of  insurance  compan- 
ies heretofore  incorporated. 

Sect.  3.  The  said  company  may  pay  semi-annually, 
the  legal  interest  on  the  aforesaid  fund,  and  may  pay  the 
principal  of  the  fund  whenever  their  net  profits  shall 
amount  to  the  sum  of  one  hundred  thousand  dollars,  and 
the  same  shall  have  been  invested  according  to  law  as 


Chap  125. 


Persons  incor- 
porated for 
twenty  years, 
to  insure  ma- 
rine and  fire 
risks  on  the 
mutual  princi- 
ple. 


No  policy  to  be 
issued  before 
investment  of  a 
fund  of 
$100,000. 


Legal  interest 
and  principal 
to  be  paid  after 
investment  of 
profits 

amounting  to 
$100,000. 


224 


1844.. 


-Chap.  125—127. 


No  further  divi- 
sion, except  of 
excess  over 
$200,000  in- 
vested. 

Guarantee  cap- 
ital to  be  inde- 
pendent of  re- 
sources con- 
vertible into 
premiums. 


Persons  incor- 
porated for 
twenty  years, 
to  insure  ma- 
rine and  fire 
risks  on  the 
mutual  princi- 
ple. 


aforesaid  ;  and  no  further  division  of  the  net  profits  or 
funds  of  the  company  shall  be  made,  without  leaving  at 
least  two  hundred  thousand  dollars  invested  as  aforesaid, 
until  the  expiration  of  this  act. 

Sect.  4.  The  guarantee  capital  provided  for  in  this  act, 
shall  be  in  addition  to  any  resources  which  can  be  convert- 
ed into  premiums.  [Ajjproved  by  the  Gove7'nor,  March  15, 
1844.J 

Chctp  126.         -^^  ^'^'^  '^  incorporate  the  United  States  Mutual  Insurance  Company. 

B£J  it  ejiacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  Robert  B.  Williams,  Phineas  Sprague,  Abel 
Adams,  their  associates  and  successors,  are  hereby  made  a 
corporation  for  the  term  of  twenty  years,  by  the  name  of 
the  United  States  Mutual  Insurance  Company,  to  be  estab- 
lished in  the  city  of  Boston,  for  the  purpose  of  making  mar- 
itime loans  and  insurance  against  maritime  losses  and  losses 
by  fire,  on  the  mutual  principle,  with  all  the  powers  and 
privileges,  and  subject  to  all  the  duties,  liabilities  and  re- 
strictions, set  forth  in  the  thirty-seventh  and  forty-fourth 
chapters  of  the  Revised  Statutes,  so  far  as  the  same  shall 
be  applicable  to  the  corporation  hereby  created. 

Sect.  2.  No  policy  of  insurance  shall  be  issued  by  said 
company  until  a  fund  of  one  hundred  thousand  dollars  in 
cash  shall  have  been  paid  in  for  the  protection  of  the  as- 
sured, and  invested  as  by  law  required  of  insurance  com- 
panies heretofore  incorporated. 

Sect.  3.  The  said  company  may  pay,  semi-annually, 
the  legal  interest  on  the  aforesaid  fund,  and  may  pay  the 
principal  of  the  fund  whenever  their  net  profits  shall 
amoimt  to  the  sum  of  one  hundred  thousand  dollars,  and 
the  same  shall  have  been  invested  according  to  law  as 
aforesaid  ;  and  no  other  division  of  the  net  profits  or  funds 
of  the  company  shall  be  made,  without  leaving  at  least  two 
hundred  thousand  dollars  invested  as  aforesaid,  until  the 
expiration  of  this  act. 

Sect.  4.  The  guarantee  capital  provided  for  in  this  act, 
shall  be  in  addition  to  any  resources  which  can  be  convert- 
ed into  premiums.  [Approved  by  the  Governor,  March  15, 
1844.] 

An  Act  to  alter  the.  times  of  holding  Probate  Courts  in  the  town  of  Medway, 
in  the  county  of  Norfolk. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in    General  Court  assemhled,  and  by  the  authority  of 
the  same,  as  folloivs  : 
Repeal  of  pro-'       Sect.  1.     So  much  of  the  fifty-fifth  section  of  the  eighty- 
SgprobatT^*"  third  chapter  of  the  Revised  Statutes,   as  provides  that  a 


No  policy  to  be 
issued  before 
the  investment 
of  a  fund  of 
$100,000. 


Leeal  interest 
and  principal  to 
be  paid  after 
the  investment 
of  net  profits 
amounting  to 
$100,000. 
No  other  divi- 
sion to  he  made, 
except  of  ex- 
cess over 
$200,000  in- 
vested. 

Guarantee  cap- 
ital, indepen- 
dent of  resour- 
ces  convertible 
into  premiums. 


Chapm. 


1844. Chap.  127—129.  223 

probate  court  shall  be  held  at  Medway,  in  the  county  of  courts  in  Med- 
Norfolk,  on  the  Mondays  next  before  the  third  Tuesdays  of  ^^^" 
February  and  November;  and  also  an  act  entitled  "  an  act 
relating  to  the  probate  courts  in  the  county  of  Norfolk," 
passed  April  the  fourteenth,  one   thousand  eight  hundred 
and  thirty-seven,  are  hereby  repealed. 

Sect.  2.     There  shall  be  three  probate  courts  lield  in  the  Future  ar- 
town  of  Medway,  in  the  county  of  Norfolk,  in  each  year,   rangements  of 
on  the  third  Tuesdays  of  February,  June  and  October. 

Sect.  3.     This  act  shall   take  effect  from  and  after  its  when  to  take 
passage.      [Ajjpr-oved  by  the  Governor,  March  15,  1844.]  ^tirect. 

An  Act  for  the  protection  of  the  Shell  Fishery  in  Rowley.  CfldV  128. 

BE  it  enacted  by  the  Senate  end  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follous  : 

Sect.  1.     If  any  person,  not  an  inhabitant  of  the  town  of  Only  inhabit- 
Rowley  or  Georgetown,  shall  dig  or  take  any  clams  from  and  gL^"^'^^ 
the  flats  owned  by  said  town,  without  permission  first  ob-  town,  and  per- 
tained in  writing  from  the  selectmen  of  said  town,  the  per-  |°"fhe"s'^°ecr^ 
son  so  offending  shall  forfeit  for  every  bushel  of  clams,  in-  men,  to  dig  or 
eluding  their  shells,  so  duj^r  or  taken,  the  sum  of  one  dollar,   i;emove clams 

~  '  o  ?  _  1     from  fiats 

to  be  recovered  on  complaint  before  any  justice  ot  the  peace  owned  by  said 

for  the  county  of  Essex,  to  the  use  of  said  town.  towns. 

Sect.  2.     Any  vessel,  boat  or  craft,  being  in  the  posses-  ^nce^*^^  °^ °^' 

sion  or  use  of  any  person  violating  the  first  section  of  this  „   ^ ^^    „  ^    . 

act,  at  the  time  and  place  of  such  violation,  may  be  seized,  offenders  to  be 

detained,  and  proceeded  against,  as  is  provided  in  the  four-  seized  and  pro- 

teenth  section  of  the  fifty-fifth  chapter  of  the  Revised  Sta-  ^^^  ^  agams  . 
lutes. 

Sect.  3.     This  act  shall   take  effect  from  and  after  its  when  to  take 

passage.     {Approved  by  the  Governor,  March  15,  1844.]  ^ff^<=t. 

An  Act  concerning  Alimony.  ChflT)  129 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in-  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  foUoios  : 

Whenever  a  divorce   from  the  bond  of  matrimony  shall  in  cases  of  di- 
be  decreed  upon  the  libel  of  the  wife,  for  impotency  on  tlie  cause  oTimpo- 
part  of  the  husband,  the  supreme  judicial  court  may  allow  tency,  alimony 
and  decree  alimony,  when  it  shall  be  necessary  for  her  suit-  "reed^'&c! 
able  support  and  maintenance,  in  the  same  manner  in  which 
they  are   authorized  to  do  in  other  cases  of  divorce,  by  the 
thirty-first  section  of  the  seventy-sixth  chapter  of  the  Re- 
vised  Statutes.     [Approved   by  the   Governor,   March   15, 
1844.] 


226 


1844.- 


-Chap.  130—132. 


Chap  130. 


Residence  of 
twenty  years, 
from  what  time 
to  be  reckoned. 


Chap\S\, 


Lands  and  per- 
sons to  be  set 
oiT  and  annex- 
ed. 


Persons  so  an- 
nexed are  to 
pay  taxes  al- 
ready assessed. 

Amesbury  to 
pay  to  Salisbu- 
ry a  proportion 
of  taxes  as- 
sessed on  Salis- 
bury before 
next  state  val- 
uation. 

When  to  take 
effect. 


Chap  \S2. 


Persons  incor- 
porated. 


To  manufac- 
ture cotton 
goods,  &c.  in 
Millbury. 


An  Act  in  addition  to  an  Act  entitled  "  An  Act  concerning  the  District  of 

Marshpee." 

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

The  residence  of  twenty  years,  mentioned  in  the  act  passed 
March  the  third,  in  the  year  one  thousand  eight  hundred 
and  forty-two,  entitled  "an  act  concerning  the  District  of 
Marshpee,"  shall  be  construed  lo  mean  a  residence  of  twenty 
years  next  preceding  the  passage  of  the  act  establishing  the 
District  of  Marshpee,  passed  March  the  thirty-first,  in  the 
year  one  thousand  eight  hundred  and  thirty-four.  [^Ap- 
proved by  the  Governor,  March  15,  1844.] 

An  Act  to  annex  a  part  of  the  town  of  Salisbury  to  the  town  of  Amesbury. 

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

Sect.  1.  All  that  part  of  the  town  of  Salisbury,  in  the 
county  of  Essex,  lying  and  being  northerly  of  Powow  riv- 
er, and  southerly  of  the  line  of  the  Commonwealth  of  Mas- 
sachusetts and  the  state  of  New  Hampshire,  commonly 
known  and  called  "Little  Salisbury,"  together  with  the 
families  and  estates  of  all  persons  residing  thereon,  is  iiereby 
set  off  and  annexed  to  the  town  of  Amesbury,  in  said  coimty 
of  Essex  :  provided  all  persons  so  annexed  shall  be  holden 
to  pay  all  taxes  heretofore  assessed  upon  them,  in  the  same 
manner  as  if  this  act  had  not  been  passed. 

Sect.  2.  The  inhabitants  of  the  town  of  Amesbury  shall 
hereafter  pay  to  the  town  of  Salisbury  their  proportion  of 
all  county  and  state  taxes  that  shall  be  assessed  upon  said 
town  of  Salisbury,  previously  to  taking  the  next  state  valu- 
ation, said  proportion  to  be  ascertained  and  determined  by 
the  last  town  valuation. 

Sect.  3.  This  act  shall  be  in  force  from  and  after  its 
passage.     [Approved  by  the  Govertior,  March  15,  1844  ] 

An  Act  to  incorporate  the  Cordis  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  asseinbled,  and  by  tJie  atitliority  of 
the  same,  as  follows : 

Sect.  1.  Luther  Parks,  John  Stearns,  Augustus  H. 
Fiske,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Cordis  Company,  for  the 
purpose  of  manufacturing  cotton,  woolen,  worsted  and  silk 
goods  and  machinery  in  the  town  of  Millbury,  in  the  county 
of  Worcester;  and  for  this  purpose  shall  have  all  the  pow- 
ers and  privileges,  and  be  subject  to  all  the  duties,  liabili- 
ties and  restrictions,  set  forth  in  the  thirty-eighth  and  forty- 
fourth  chapters  of  the  Revised  Statutes. 


1844. Chap.  132—134.  227 

Sect,   2.      The  said  corporation  may  hold  for  the  pur-  ^^^]  ^^^^^®  , 

_  .  JT  J  JT  not  to  exceed 

poses  aforesaid,  real  estate  not  exceeding  the  amount  of  two  $200,000,  and 
hundred  thousand  dollars,  and  the  whole  capital  stock  of  capital  stock 
said  corporation  shall  not  exceed  the  amount  of  five  hun-         ' 
dred  thousand  dollars.     \Approved  by  the  Governor,  March 
15,  1844.  J 

An  Act  concerning  the  Eastern  Rail-road  Company.  C>h(lJ)  lOO. 

BE  it  enacted  by  the  Se?iate  and  House  of  Representa- 
tives, in  General  Court  assembled^  arid  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  Eastern  Rail-road  Company  is  hereby  Authorized  to 
authorized  to  remove  a  wooden  covering  erected  in  the  tun-  nefin^galem" 
nel  of  their  road  in  Salem,  and  so  much  of  the  first  section 
of  the  one  hundred  and  fifty-second  chapter  of  the  acts  of 
the  year  one  thousand  eight  hundred  and  thirty-seven,  as 
requires  the  said  company  to  provide  a  covering  for  said 
rail-road,  for  a  distance  of  at  least  thirty  feet  from  Essex 
street,  in  said  Salem,  is  hereby  repealed. 

Sect.  2.     The  treasurer  of  the  Commonwealth  is  hereby  Treasurer  of 
authorized  to  pay  to  the  treasurer  of  the  said  rail-road  com-  ^^^  Common- 

1  n   ■  1  ^         r-  -I  n    a       ■^      Wealth  may 

pany  the  amount  01  mterest  due  on  the  first  day  01  April,   pay  certain  in- 
in  the  year  one  thousand  eight  hundred  and  forty,  on  five  terest  money  to 
certificates  of  scrip  issued  by  the  said  Commonwealth  for  Company. 
the  benefit  of  said  company,  the  same  being  numbered  fif- 
ty-seven   and  fifty-eight,   for  five  thousand  dollars  each, 
eighty-six  and  eighty-seven,  for  two  thousand  dollars  each, 
and  one  hundred  and  seventeen,  for  one  thousand  dollars, 
said  interest  being  in  all,  the  sum  of  three  hundred  and  sev- 
enty-five dollars — the  interest  warrants  for  said  certificates 
being  supposed  to  be  lost ;  provided,  however,  that  the  said  Provided,  &c. 
Eastern  Rail-road  Company  shall  first  give  bond,  with  suf- 
ficient surety,  to   the  satisfaction   of  the   treasurer  of  the 
Commonwealth,  to  indemnify  the  Commonwealth  aforesaid, 
against  all  demands  that  may  hereafter  be  made  for,  or  on 
account  of  said  interest.    {Approved  by  the  Governor,  March 
15,  1844.] 

An  Act  to  incorporate  the  Vermont  and  Massachusetts  Rail-road  Company.    QJlClT)  134. 

BE  it  enacted  by  the  Senate  and  Honsc  of  Representa- 
tives, in  General  Conrt  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  I.  Joseph  Davis,  Ephraim  Parker,  Gardner  C.  Persons  incor- 
Hall,  John  R.  Blake,  James  White,  Richard  Colton,  George  porated. 
T.  Davis  and  Horatio  G.  Newcomb,  their  associates  and 
successors,  are  hereby  made  a  corporation  by  the  name  of 
the  Vermont  and  Massachusetts  Rail-road  Company,  with 
all  the  powers  and  privileges,  and  subject  to  all  the  duties, 
liabilities  and  restrictions,  contained  in  that  part  of  the  thir- 


228 


1844. 


-Chap.  134 


Location  of 
road. 


Capital  not  to 
eicceed  S2,500,- 
000,  in  25,000 
shares. 


Tirni^  when 

stocicholders 
may  vote,  &c., 
and  transfer 
their  shares. 


Estate. 


ty-ninth  chapter  of  the  Revised  Statutes  which  relates  to 
rail-road  corporations,  and  in  the  several  statutes  subse- 
quently passed  relating  to  such  corporations,  and  in  the 
forty-fourth  chapter  of  the  Revised  Statutes. 

And  said  corporation  is  hereby  empowered  and  author- 
ized to  locate,  construct  and  fully  complete  a  rail-road  with 
one  or  more  tracks,  from  some  convenient  point  on  the  loca- 
tion of  the  Fitchburg  Rail-road,  in  the  town  of  Fitchburg, 
in  the  county  of  Worcester,  and  thence  up  the  Nashua  riv- 
er to  the  valley  of  Whitman's  river  in  Westminster,  thence 
up  said  valley  to  the  south  part  of  Ashburnham,  thence 
through  the  north  part  of  the  town  of  Gardner  to  the  Otter 
river,  thence  down  said  Otter  river  to  the  village  of  Bald- 
winsville,  in  the  north  part  of  Templeton,  thence  down  said 
river  to  Miller's  river,  passing  through  the  southwest  corner 
of  Winchendon,  thence  down  said  Miller's  river,  passing 
through  the  towns  of  Royalston  and  Phillipston,  to  Athol 
in  said  county  of  Worcester  ;  and  from  said  termination  in 
Athol,  to  continue  and  extend  the  said  rail-road  in  either  or 
any  of  the  following  ways,  namely  :  down  said  Miller's 
river,  through  the  towns  of  Orange,  Wendell,  Erving,  near 
the  line  of  Montague,  to  the  town  of  North  field,  on  the  Con- 
necticut river,  and  crossing  said  river,  and  running  to  the 
southern  boundary  of  Vernon  in  the  State  of  Vermont ;  or 
from  said  termination  in  Athol,  through  the  towns  of 
Orange  and  Warwick,  to  the  southern  boundary  of  Win- 
chester in  the  State  of  New  Hampshire ;  or  from  said  ter- 
mination in  Athol,  through  the  towns  of  Orange,  Erving, 
Wendell,  Montague,  Deerfield,  Greenfield  and  Bernardston, 
to  the  southern  boundary  of  the  Slate  of  Vermont,  at  Guil- 
ford or  Vernon — or  from  said  Bernardston,  through  the 
towns  of  Gill  and  Northfield,  to  the  southern  boundary  of 
said  State  of  Vermont,  at  Vernon. 

Sect.  2.  The  capital  stock  of  said  rail-road  company 
shall  consist  of  not  more  than  twenty-five  thousand  shares, 
the  number  of  which  shall  be  determined,  from  time  to 
time,  by  the  directors  thereof,  and  no  assessments  shall  be 
laid  thereon  of  a  greater  amount  in  the  whole,  than  one 
hundred  dollars  on  each  share  ;  and  no  share  shall  be  trans- 
ferable within  one  year  after  the  organization  of  said  com- 
pany under  this  act,  and  no  stockholder  shall  vote  upon  the 
question  of  the  location  of  the  road  upon  either  of  the  routes 
named  in  the  first  section  of  this  act,  unless  at  least  five 
per  cent,  shall  have  been  paid  upon  the  share  or  shares 
upon  which  such  stockholder  shall  claim  the  right  to  vote  : 
and  before  this  organization  of  the  company,  five  thousand 
shares  at  least  shall  have  been  subscribed.  And  the  said 
corporation  may  purchase  and  hold  such  real  estate  on  the 
line  of  said  road,  and  such  materials,  cars,  engines  and 
other  things,  as  may  be  necessary  for  depots,  for  the  use  of 


1844.- 


•Chap    134. 


229 


said  road,  and  for  the  transportation  of  persons,  goods  and 
merchandize. 

Sect.  3.  If  the  location  of  said  road  on  one  of  the 
routes  before  mentioned,  be  not  filed  according  to  law 
within  two  years  from  the  first  day  of  April  next ;  or  if  the 
said  company  shall  not  complete  said  road  from  the  termi- 
nation of  said  Fitchburg  Rail-road  as  far  as  said  Baldwins- 
ville,  within  three  years  from  the  date  of  this  act,  and  the 
remainder  thereof  on  one  of  said  routes,  to  the  extent  pro- 
vided for  in  the  first  section  of  this  act,  with  at  least  one 
track,  within  five  years  from  the  date  of  the  same,  then  the 
same  shall  be  null  and  void. 

Sect.  4.  The  legislature  may  authorize  any  company  to 
enter  with  another  rail-road,  at  any  point  of  said  Vermont 
and  Massachusetts  Raihroad,  and  use  the  same,  or  any 
part  thereof,  paying  therefor  such  a  rate  of  toll  or  compen- 
sation as  the  Legislature  may  from  time  to  time,  prescribe, 
or  that  may  be  fixed  under  the  provisions  of  any  general 
law  of  this  Commonwealth,  complying  with  the  rules  and 
regulations  which  may  be  established  by  said  Vermont  and 
Massachusetts  Rail-road  Company  :  provided^  however^  that 
no  other  corporation  shall  enter  upon  said  Vermont  and 
Massachusetts  Rail-road  with  any  motive  power,  unless 
said  Vermont  and  Massachusetts  Rail-road  Company  shall 
refuse  to  draw  over  their  road,  or  some  part  thereof,  the 
cars  of  such  other  rail-road  corporation,  which  may  be  so 
authorized  to  enter  with  their  rail-road  upon  the  said  Ver- 
mont and  Massachusetts  Rail-road. 

Sect.  5.  The  Legislature  may,  after  the  expiration  of 
five  years  from  the  time  when  the  said  rail-road  shall  be 
opened  for  use,  from  time  to  time  reduce  the  rate  of  tolls, 
or  other  profits  upon  said  road.  But  the  tolls  shall  not, 
without  the  consent  of  said  company,  be  so  reduced  as  to 
produce,  with  said  profits,  less  than  ten  percent,  per  annum. 

Sect.  6.  And  whereas  the  Legislature  of  the  State  of 
Vermont,  at  their  session  in  October,  A.  D.  1843,  incorpo- 
rated the  Brattleboro'  and  Fitchburg  Rail-road  Company, 
and  authorized  and  empowered  the  same  to  build  a  rail-road 
with  a  single  or  double  track,  from  the  east  village  of  said 
Brattleboro',  southerly  to  the  south  or  east  line  of  said  State 
of  Vermont,  where  it  will  most  conveniently  meet  the  Fitch- 
burg Rail-road;  and  empowered  said  Brattleboro'  and 
Fitchburg  Rail-road  Company  to  unite  with  said  Fitchburg 
Rail-road  Company,  or  with  any  other  company  that  should 
be  chartered  between  Fitchburg  and  Brattleboro',  in  any 
way  not  inconsistent  with  the  laws  of  Vermont,  which  said 
company  might  deem  expedient  to  promote  the  general  in- 
terests of  the  rail-road  from  Boston  to  Brattleboro'  ; — 

Now  be  it  further  enacted,  that  said  Vermont  and  Mas- 
sachusetts  Rail-road    Company  are  hereby  authorized  to 
30 


Time  for  locat- 
ing and  com- 
pleting the 
road. 


The  Legisla- 
ture may  au- 
thorize its  use 
by  any  other 
company. 


Provided,  &c. 


The  Legisla- 
ture may  re- 
duce the  tolls 
after  five  years. 
Provided,  &c. 


May  be  united 
•with  the  Brat- 
tleboro' aad 


230 


1844.- 


■Chap.  134. 


Fitchburg 
Rail-road 
Company. 


One  or  more  of 
the  officers 
must  reside  in 
Massachusetts. 


Separate  ac- 
counts to  be 
kept  of  ex- 
penses, re- 
ceipts and 
profits,  which 
arfi  lo  1)6  esti- 
mated by  a 
commissioner. 


Liabilities  of 
part  of  the  roD.d 
lying  in  Massa- 
chusetts. 


unite  with  said  Brattleboro'  and  Fitchbnrg  Rail-road  com- 
pany, and  with  any  company,  or  companies,  which  are,  or 
may  be  incorporated  and  empowered,  to  continue  and  ex- 
tend a  rail-road  from  said  Fitchburg  to  said  Brattleboro'. 
And  when  the  said  companies  so  extending  between  Fitch- 
burg and  Brattleboro'  shall  have  so  united,  the  stockholders 
of  one  company  shall  become  the  stockholders  in  the  other, 
and  the  two  companies  shall  constitute  one  corporation, 
under  the  name  of  the  Vermont  and  Massachusetts  Rail- 
road Company;  and  all  the  franchises,  property,  powers 
and  privileges  granted,  or  acquired  under  the  authority  of 
the  said  states,  respectively,  shall  be  held  and  enjoyed  by 
all  the  said  stockholders,  in  proportion  to  the  amount  of 
property  held  by  them  respectively,  in  either  or  both  of 
said  corporations.  Or,  if  it  shall  be  deemed  a  more  con- 
venient mode  of  union,  the  said  Vermont  and  Massachusetts 
Rail-road  Company  may  purchase  and  hold  the  shares  of 
capital  stock  in  such  intermediate  road  or  roads  between 
the  north  line  of  Massachusetts  and  said  east  village  of 
Brattleboro.' 

Sect.  7.  One  or  more  of  the  directors,  or  other  officers 
of  said  Vermont  and  Massachusetts  Rail-road  Company,  as 
is  provided  in  the  preceding  section,  shall  at  all  times  be 
an  inhabitant  of  this  Commonwealth,  on  whom  processes 
against  said  company  may  be  legally  served,  and  said  com- 
pany shall  be  held  to  answer  in  the  jurisdiction  where  the 
service  is  made  and  the  process  is  returnable. 

Sect.  8.  The  said  company  shall  keep  separate  accounts 
of  their  expenditures  in  JMassachusetts  and  in  Vermont, 
and  in  case  any  part  of  said  route  be  located  and  chartered 
in  New  Hampshire,  in  that  state  also ;  and  one  commis- 
sioner shall  be  appointed  by  the  governor  of  each  state  in 
which  said  road  extends,  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  within,  and  that  part  with- 
out, this  Commonwealth ;  and  the  annual  report  required 
to  be  made  to  the  legislature  of  this  Commonwealth  shall  be 
approved  by  the  said  commissioners,  and  shall  show  the 
expenditures,  receipts  and  profits  belonging  to  the  respec- 
tive parts  of  said  road  in  each  of  the  states  aforesaid. 

Sect.  9.  The  said  company,  and  the  stockholders  there- 
in, so  far  as  their  road  shall  be  situated  in  Massachusetts, 
shall  be  subject  to  all  the  duties  and  liabilities  of  the  Ver- 
mont and  Massachusetts  Rail-road  Company,  created  by 
the  provisions  of  this  act  and  the  general  laws  of  this  state, 
to  the  same  extent  as  said  company,  and  the  stockholders 
therein  would  have  been,  had  the  whole  line  of  said  rail- 
road been  located  within  the  limits  of  Massachusetts. 


1844.- 


■Chap.  134—135. 


231 


Sect.  10.  The  provisions  contained  in  the  four  preced- 
ing sections  (other  than  that  giving  power  to  hold  the  shares 
in  the  company  or  companies  between  the  north  hne  of  this 
state  and  the  east  viUage  of  Braitleboro',)  shaU  not  take 
effect  until  the  legislature  or  legislatures  of  the  state  or 
states  in  which  said  road  shall  be  located  shall  pass  an  act 
or  acts  containing  similar  provisions,  nor  until  said  provi- 
sions shall  have  been  accepted  by  the  stockholders  of  said 
respective  corporations,  at  legal  meetings  held  for  that  pur- 
pose. 

Sect.  II.  The  said  corporation  may  enter  with  their 
rail-road  upon  the  Fitchburg  Rail-road  at  any  convenient 
point  in  the  town  of  Fitchburg,  and  use  the  same,  or  any 
part  thereof,  paying  therefor  such  rate  of  toll  or  compensa- 
tion as  the  legislature  may  from  time  to  time  prescribe,  or 
that  may  be  fixed  under  the  provisions  of  any  general  law 
of  this  Commonwealth,  complying  with  the  rules  and  regu- 
lations which  may  be  established  by  said  Fitchburg  Rail- 
road Company :  provided,  however,  that  said  Vermont  and 
Massachusetts  Rail-road  Corporation  shall  not  enter  upon 
said  Fitchburg  Rail-road  with  any  moti'/e  povver,  unless 
said  Fitchburg  Rail-road  Company  shall  refuse  to  draw 
over  their  road,  or  some  part  thereof,  the  cars  of  said  Ver- 
mont and  Massachusetts  Rail-road  Company. 

Sect.  12.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  15,  1844.] 

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

BE  it  eno.cted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Benjamin  Gilbert,  a  minor,  may  take  the  name  of  Ben- 
jamin Williams  Gilbert;  An)aziah  Atwood,  Jr.  may  take 
the  name  of  Francis  Amaziah  Atwood;  Charles  Parker 
may  take  the  name  of  Charles  Sargent  Parker;  John  Ma- 
son may  take  the  name  of  John  Warren  Mason ;  Rebecca 
Locke  may  take  the  name  of  Louisa  Rebecca  Locke  ;  James 
Colbert  may  take  the  name  of  Caleb  Colbert  Mortimer; 
Ruthy  Low  Colbert  may  take  the  name  of  Sarah  Lynch 
Mortimer  ;  Caleb  Cushing  Woodman  may  take  the  name  of 
Caleb  Cushing  Emerson  Alortimer ;  William  Storer  Worm- 
wood may  take  the  name  of  William  Storer;  Jonathan 
Kimball  Rogers  may  take  the  name  of  John  Kimball  Rog- 
ers;  vMphonso  Horatio  Foster  may  take  the  name  of  Frank- 
lin Henry  Foster;  Louisa  Cody  Palmer,  a  minor,  may  take 
the  name  of  Louisa  Caldwell  Palmer;  Prince  Fdward 
Nichols  may  take  the  name  of  Ferdinand  Almy  Nichols; 
Francis  Moore  may  take  the  name  of  Francis  Clifford 
Moore;  Charles  Augustus   Bartlett  may  take  the  name  of 


Four  preceding 
sections,  whea 
to  lake  effect. 


May  enter  upoa 
and  use  the 
Fiichliurs 
Rail-road,  pro- 
vided, &c. 


When  to  take 
effect. 


Chap  135. 


Suffolk. 


232  1844. Chap.  135. 

Charles  Augustus  Bartlelt  Monroe  ;  Dominiciis  Scammans 
Lewis  may  take  the  name  of  Alfred  Scammons  Lewis; 
Jonathan  Ligersol  Kendall  may  take  the  name  of  Henry 
Ingersol  Kendall  ;  JVlary  Donghty  may  take  the  name  of 
Mary  Jane  Cutter;  Jeremiah  JJean  Monlton  may  take  the 
name  of  Charles  Bean  Monlton;  Richard  Hazen  Fiiz  may 
take  the  name  of  Richard  Hazen  Wellington;  William 
Pynchon  Oliver  may  take  the  name  of  Peter  Oliver; 
Ephraim  N.  Buyn  may  take  the  name  of  Ephraim  N. 
Bowen ;  Sarah  Livermore  Coburn,  a  minor,  may  take  the 
name  of  Anna  Livermore  Coburn  ;  Charles  Appleton  Eur- 
zeil  may  take  the  name  of  Charles  Appleton  ;  Benjamin 
Franklin  Cowdin,a  minor,  may  take  the  name  of  Franklin 
Cowdin  Merriam;  Sarah  Robbins  Whitehouse  may  take 
the  name  of  Adelaide  Austin  ;  William  Henry  Cowen,  a 
minor,  may  take  the  name  of  Eleazer  Porter  Wells  ;  Charles 
Holbrook  may  take  the  name  of  Charles  Augustus  Hol- 
brook  ;  Eunice  Fellows  may  take  the  name  of  Eunice  Caro- 
line Fellows  ;  Joseph  Wood  Whiting  may  take  the  name 
of  Joseph  Whiting  Wood  ;  Sarah  Starr  Lombard  may  take 
the  name  of  Emily  Livingi.ton  Lombard  ;  Harriet  Morton 
Bull  may  take  the  name  of  Harriet  Morton  Lawrence ; 
Samuel  Gooch  may  take  the  name  of  Samuel  Henfield 
Gooch,  severally  of  the  city  of  Boston;  Edmund  Bowkcr, 
of  Chelsea,  may  take  the  name  of  Jacob  Henry  Bowker, 
Essex.  — all  of  the  county  of  Suffolk.    John  Lewis  Rowe,  of  Glou- 

cester, may  take  the  name  of  Lewis  Rowe;  Moses  Marsh, 
2d,  of  Haverhill,  may  take  the  name  of  Moses  Chandler 
Marsh ;  Proctor  Perley  Batchelor,  of  Georgetown,  may 
take  the  name  of  Morrison  Proctor;  Joseph  Bradley,  3d, 
of  Haverhill,  may  take  the  nnme  of  Joseph  Hildreth  Brad- 
ley; Judith  Bray,  of  Newbury,  may  take  the  name  of 
Maria  Bray  ;  Ann  Maria  Bean,  a  minor,  of  Hamilton,  may 
take  the  name  of  Eliza  Symonds  Patch;  Sewall  Barrett,  a 
minor,  of  Lynn,  may  take  the  name  of  Nicholas  Bowler  ; 
John  Tarbox  Kimball,  a  minor,  of  Methuen,  may  take  the 
name  of  John  Tarbox;  Christian  Nelson,  of  Salem,  may 
take  the  name  of  Charles  Nelson ;  George  Washington 
Cook,  a  minor,  of  Salem,  may  take  the  name  of  George 
Washington  Emerson;  Gustavus  Nourse,  of  Lynn,  may 
take  the  name  of  Gustavus  Frelingliuysen  Nourse  ;  Isaac 
Burley  Horn,  of  Topsfield,  may  take  the  name  of  Burley 
Orne  ;  William  Groves  Millett,  a  minor,  of  Beverly,  may 
take  the  name  of  William  Groves;  Jonathan  Rundlett,  Jr. 
of  Newburyport,  may  take  the  name  of  Jonathan  D.  Rund- 
lett; James  Smith  may  take  the  name  of  James  Albert 
Smith;  Edward  H.  Brooks  may  take  the  name  of  John 
Brooks  Edwards;  Stephen  Phippen  Hill  may  take  the 
name  of  Stephen  Prescott  Hill,  severally  of  Salem;  Eliza 
and   Lucy   Townsend,   minors,    of  Lynn,  may   take  the 


1844. Chap.  135.  233 

names  of  Eliza  Malvina  and  Lucy  Maria  Townsend  ;  Va- 
leria Pew,  a  minor  of  Gloucester,  may  take  the  name  of 
JMary  Pew;  John  Jumper,  of  Gloncester,  may  take  the 
name  of  John  Edward  Mason  ;  Sereneth  Chamberlain 
Goodrich,  a  minor  of  Aiidover,  may  take  the  name  of  Mary 
Elizabeth  French :  Henry  French  Goodrich,  a  minor  of 
Andover,  may  take  the  name  of  Peter  Henry  French  ;  John 
Hamilton  Brown,  of  Lynn,  may  take  the  name  of  Hamilton 
Brown;  John  Boardman  Cheney,  of  Georgetown,  may 
take  the  name  of  John  Oseola  Brown  ;  Michael  Milkiey,  of 
Dauvers,  a  minor,  may  take  the  name  of  Warren  Emer- 
son ;  Harriet  Newell  Brookings,  of  Newbnry,  may  take 
the  name  of  Harriet  Newell  Bartlett ;  Hadassah  Chase 
Bragdon,  of  Newbury,  may  take  the  name  of  FMeu  Chase 
Bragdon  ;  Lucy  Maria  Cloutman.  a  minor  of  liynn,  may 
take  the  name  of  Lucy  Maria  V\  neelcr ;  Abigail  M.  Hall, 
may  take  the  name  of  Abigail  Barton  ;  and  her  children, 
Mary  S.  Hall.  Abby  M.  Hall,  Susan  C.  Hall,  Frances  E. 
Hall,  Emily  F.  Hall  and  Maria  B.  Hall,  of  Salisbury, 
may  severally  take  the  surname  of  Barton  ;  Daniel 
Adams  Emes  may  take  the  name  of  Daniel  Adams 
Ames;  Lura  Emes  may  take  the  name  of  Lura  Ames; 
Lovey  Emes  may  take  the  name  of  Lovey  A.  Ames ; 
Martlia  Emes  may  take  the  name  of  Martha  Sabrina 
Ames,  severally  of  Saugus, — all  of  the  county  of  Essex. 
Sally  Prescott,  of  Groton,  may  take  the  name  of  Phidelia  Worcester. 
Prescott ;  Lucretia  Barnes  of  Marlborough,  may  take  the 
name  of  Lucretia  Felton;  Samuel  Bowman  Nelson,  of 
Waltham,  may  take  the  name  of  Samuel  Nelson  ;  Richard 
Stone,  of  Sherburne,  may  take  the  name  of  Richard  Cecil 
Stone;  Earl  H.  Southwick,  of  Marlborough,  may  take  the 
name  of  George  Houghton;  Huldah  Copeland  Tribon,  of 
Cambridge,  may  take  the  name  of  Amelia  Copeland  Tri- 
bon;  David  Porter  Fuller,  a  minor  of  Natick,  may  take 
the  name  of  David  F.  Fiske  ;  John  Richard  C.  Brown,  of 
Charlestown,  may  take  the  name  of  John  C.  Brown  ;  S. 
W.  Palmer,  of  Newton,  may  take  the  name  of  Hazlitt 
Arvine;  Mary  A.  Palmer,  of  Newton,  may  take  the  name 
of  Mary  A.  Arvine;  Charlotte  Reed  Gipson,  of  Burling- 
ton, may  take  the  name  of  Charlotte  Louisa  Reed  ;  Inge- 
bor  Janson,  a  minor  of  Lowell,  may  take  the  name  of 
Ingebor  Janson  Anderson  ;  Clarissa  Coburn,  of  Dracut, 
may  take  the  name  of  Clarissa  Fox;  Edward  Richardson, 
of  Dracut,  may  take  the  name  of  Edward  Everett  Rich- 
ardson ;  Andrew  Blanchard,  3d,  a  minor  of  Medford,  may 
take  the  name  of  Andrew  Delaval  Blanchard;  Benjamin 
Thorp  Henderson,  of  Woburn,  may  take  the  name  of  Ben- 
jamin Thorp  Henderson  Porter;  James  Russell  JMac  Curdy, 
of  South  Reading,  may  take  the  name  of  James  Russell; 
Benjamin   F.  Brcding,  of  Cambridge,  may  take  the  name 


234  1844. Chap.  135. 

of  Benjamin  F.  Bridden ;  Patrick  Frederick  Hewes,  of 
Groton,  may  take  the  name  of  William  Frederick  Hewes; 
Clara  Fiink,  of  Lowell,  may  take  the  name  of  Clara  Wil- 
son; Elizabeth  Fletcher  Henderson,  of  Littleton,  may  take 
the  name  of  Elizabeth  Fletcher  Grimes;  Rebecca  Grimes 
Henderson,  her  daughter,  may  take  the  name  of  Rebecca 
Whitcomb  Grimes  ;  Polly  M.  Woodcock,  of  Lowell,  may 
take  the  name  of  Mary  M.  Wood;  Thomas  Womersley  Mel- 
bon,  of  Lowell,  may  take  the  name  of  Thomas  Womers- 
ley;  Barzillai  Birdet  Williams,  of  Groton,  may  take  the 
name  of  John  Birdet  Williams,  all  of  the  connty  of  Mid- 
dlesex. Sarah  Rebecca  Fletcher,  a  minor  of  Leominster, 
may  take  the  name  of  Sarah  Rebecca  Adams ;  Thomas 
Smith,  of  Sterling,  may  take  the  name  of  George  Richard 
Smith  ;  Dorothy  Allen,  of  Leominster,  may  take  the  name 
of  Dorothy  Helen  Allen;  Miranda  Hey  wood,  of  Lunen- 
bnrg,  may  take  the  name  of  Miranda  Priest  Heywood  ; 
Lois  Brigham  Nourse,  a  minor  of  Northborough,  may  take 
the  name  of  Lonisa  Brigham  Nourse  ;  Lydia  Wallis  Mcln- 
tire,  of  Charlton,  may  take  the  name  of  Vanda  I^ydia 
Wallis  Kilburn ;  William  H.  Carlton,  of  Sutton,  may  take 
the  name  of  Augustus  Carlton ;  Benjamin  David  Perkins, 
a  minor,  of  Royalston,  may  take  the  name  of  Benjamin 
Conant  Perkins;  Mary  Elizabeth  Florence,  a  minor,  of 
Northborough,  may  take  the  name  of  Mary  Arravilla  Car- 
ter;  John  Cotton,  a  minor,  of  Leominster,  may  take  the 
name  of  John  Atwood  Cotton  ;  Thomas  Brewer,  2d,  of 
Boylston,  may  take  the  name  of  Leander  Watson  Brewer; 
Sarah  Elizabeth  Flagg,  a  minor,  of  Boylston,  may  take 
the  name  of  Sarah  Theresa  Flagg ;  Asa  Goodnow  Howe, 
of  Northborough,  may  take  the  name  of  John  Calhoun 
Howe;  Charles  Albert  Babbitt,  of  Athol,  may  take  the 
name  of  Charles  Babbitt  Albert;  Alexander  Hamilton,  of 
Worcester,  may  take  the  name  of  Edward  Hamilton, — all 
Hampshire.  of  the  county  of  Worcester.  Mary  Ingram,  of  Amherst, 
may  take  the  name  of  Mary  Boltwood  Ingram;  Abigail 
Davis,  of  Granby,  may  take  the  name  of  Abby  Martha 
Davis;  Abner  Witt  and  Eliza  T.  Witt,  minors,  of  South 
Hadley,  may  take  the  names  of  Abner  DeWitt  and  Eliza 
T.  DeWitt;  Milton  Coates,  of  Middlefield,  may  take  the 
name  of  Milton  Henry  Coates;  Franklin  B.  Leonard,  of 
Middlefield,  may  take  the  name  of  Franklin  B.  Ely  ;  Jo- 
seph William  Strong  may  take  the  name  of  James  William 
Strong;  Silas  Cook  may  take  of  Silas  Dwight  Cook;  Fran- 
cis James  Pepper  may  take  the  name  of  Francis  James 
Pepper  Beaumont;  Albert  Ingram  may  take  the  name  of 
Albert  Barnes  Ingram — severally  of  Northampton  ;  Ansel 
Edwards  Durant,  of  Westhampton,  may  take  the  name  of 
Ansel  Edwards;  Harriet  Melvina  Sears,  a  minor,  of  Wil- 
liamsburgh,  may  take  the  name  of  Harriet  Eliza  Sears  ; 


1844 Chap   135.  235 

David  McClintock,  of  Ware,  may  take  the  name  of  David 
Woods;  Samuel  Train,  of  Northampton,  may  take  the 
name  of  Orson  Eafes  Train  ;  Lyman  Cook,  a  minor,  of 
Pclham,  may  take  the  name  of  Lyman  Van  Biiren  Cook, — 
all  of  the  county  of  Hampshire.  Sylva  Bissel,  a  minor  of  Hampden, 
Ludlow,  may  take  the  name  of  Sylva  B.  Alden  ;  JMaria 
Crosby,  a  minor,  of  Springfield,  may  take  the  name  of 
Sarah  Maria  Crosby ;  Thomas  Ainsworth  Wedge,  may 
take  the  name  of  Thomas  Ainsworth  Bradford  ;  Sophronia 
Ruth  Wege.  his  wife,  may  take  the  name  of  Sophronia 
Ruth  Bradford ;  Sarah  Adeline  Wedge,  their  daughter, 
may  take  the  name  of  Sarah  Adeline  Bradford;  Eliza  Ann 
Wedge,  their  daughter,  may  take  the  name  of  Eliza  Ann 
Bradford ;  Thomas  Waterman  Wedge,  their  son,  may  take 
the  name  of  Thomas  Waterman  Bradford ;  Lucy  Mariah 
Wedge,  their  daughter,  may  take  the  name  of  Lucy  Ma- 
riah Bradford  ;  Ellen  Frances  Wedge,  their  daughter,  may 
take  the  name  of  Ellen  Frances  Bradford,  all  of  Brim- 
field  ;  John  Fostick,  of  Brimfield,  may  take  the  name  of 
John  Lymam;  Betsey  M.  Crooks,  of  Blandford,  a  minor, 
may  take  the  name  of  Betsey  Crooks  Morton ;  Timothy 
Leary,  of  Springfield,  may  take  the  name  of  Theodore 
Lyman, — all  of  the  county  of  Hampden.  John  Death  and  Franklin. 
Eunice  Death,  his  wife,  may  take  the  names  of  John  Dick- 
inson, and  Eunice  Dickinson  ;  Asahel  G.  Death,  Jotham 
P.  Death,  and  Abel  S.  Death,  their  minor  children,  may 
severally  lake  the  surname  of  Dickinson  ;  John  G.  Death 
and  Mary  Ann  Death,  his  wife,  may  take  the  surname  of 
Dickinson,  all  of  Deerfield  ;  Abby  Craw,  of  Greenfield, 
may  take  the  name  of  Abigail  Sawtell ;  Nathaniel  Macom- 
ber,  2d,  of  Shutesbiiry,  may  take  the  name  of  Nathaniel 
Dwight  Macomber;  Charlotte  P.  Peabody,  of  Wendell, 
may  take  the  name  of  Charlotte  P.  Stone  ;  George  W. 
Hotchkiss.  a  minor,  of  Montague,  may  take  the  name  of 
George  W.  PufiTer;  Frederick  Ross,  of  Deerfield,  may 
take  the  name  of  Frederick  Clapp  Ross;  William  Har- 
rison Hanks,  a  minor,  of  Shutesbury,  may  take  the 
name  of  William  Hanks  Spear;  Jacob  Quackenbush,  of 
Bernardston,  may  take  the  name  of  Jacob  Bush — all  of  the 
county  of  Franklin.  Thomas  Crode  Gushing,  of  Lenox,  Berkshire, 
may  take  the  name  of  Edward  Gushing,  of  the  county  of 
Berkshire.  Martha  Mary  Worcester  Curtis,  a  minor,  of  Norfolk. 
Sioughton,  may  take  the  name  of  Martha  Mary  Crane 
Worcester;  Joseph  S.  Mutchmore,  of  Braintree,  may  take 
the  name  of  Joseph  S.  Pratt;  Joseph  Henry  Jackson  and  his 
wife,  Susan  Hatch  Jackson,  of  Braintree,  may  take  the 
surname  of  Thayer,  in  addition  to  their  present  names; 
Sarah  Adams,  of  Q,uincy,  may  take  the  name  of  Sarah 
Hard  wick  Adams;  Sally  Wilkinson  Lewis,  of  Walpole,  may 
take  the  name  of  Sarah  Wilkinson  Lewis;  William  Dudley 


236 


1844.- 


-Chap.  135—136. 


Bristol. 


Plymouth. 


Barnstable. 


ChaplSe. 


Persons  incor- 
porated. 


Location  of  the 
road. 


Wells,  of  Roxbiiry,  a  minor,  may  take  the  name  of  George 
William  Wells, — all  of  the  county  of  Norfolk.  Ann  Eliza- 
beth Nichols,  of  New  Bedford,  may  take  the  name  of  Ann 
Elizabeth  Nichols  Eddy;  Caroline  H.  Jenney,  of  New  Bed- 
ford, may  take  the  name  of  Caroline  Bartlett  Hall, — of  the 
county  of  Bristol.  Mason  McLauthlin  may  take  the  name 
of  Henry  Mason;  Hannah  McLauthlui,  his  wife,  may  take 
the  name  of  Hanna'i  Mason  ;  George  Mason  McLauthlin, 
their  minor  son,  may  take  the  name  of  George  Mason,  all 
of  Duxbury  ;  Albert  Torrey,  a  minor,  of  Scituate,  may 
take  the  name  of  Henry  Albert  Torrey  ;  Return  Tilden,  of 
Marshfield,  may  take  the  name  of  Elliot  Return  Tilden  ; 
Jacob  Stetson,  of  Abington,  may  take  the  name  of  Jacob 
Shaw ;  Merrill  Whitmarsh,  of  East  Bridgewater,  may 
take  the  name  of  Mary  Livingston  Whitmarsh, — all  of  the 
county  of  Plymouth.  Warren  Fish  Baker,  of  Falmouth, 
may  take  the  name  of  Henry  Baker  :  Nathaniel  Hopkins, 
a  minor,  of  Truro,  may  take  the  name  of  Sylvanus  Rich 
Hopkins;  John  Cogswell,  a  minor,  of  Yarmouth,  may  take 
the  name  of  John  Bear  Doane  Cogswell  ;  Albert  Dunbar, 
jr.,  a  minor,  of  Yarmouth,  may  take  the  name  of  Albert 
Henry  Dunbar;  Daniel  A.  Rich,  of  Truro,  a  minor,  may 
take  the  name  of  Henry  Holmes  Rich;  Horace  C.  Davis, 
of  Barnstable,  a  minor,  may  take  the  name  of  Daniel  Da- 
vis,— all  of  the  county  of  Barnstable.  And  the  several  per- 
sons 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  the  same  shall  hereafter  be  considered  as  their  only 
proper  and  legal  names,  [Approved  by  the  Governor,  March 
1(3,  1844.] 

An  Act  to  incorporate  the  Stoughton  Branch  Rail-road  Company. 

BE  it  enacted  by  the  Senate  and  Honse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios  : 

Sect.  1.  Israel  Tisdale,  junior,  Lyman  Kingsley  and 
Martin  Wales,  their  associates  and  successors,  are  hereby 
made  a  corporation  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 
thatpart  of  the  thirty-ninth  chapter  of  the  said  statutes,  and 
the  statutes  subsequently  passed,  relating  to  rail-road  cor- 
porations. 

Sect.  2.  Said  company  may  construct  a  rail-road  from 
a  point,  at  or  near  the  depot  of  the  Boston  and  Providence 
Rail-road  Corporation,  in  the  town  of  Canton,  and  thence 
running  in  a  southeasterly  direction  to  Taunton  road,  near 
a  stone  dwelling-house  belonging  to  the  heirs  of  Elijah 
Crane,  deceased,  thence  crossing  the  Forge  Pond,  so  called, 


1844.- 


-Chap.  136—137. 


237 


and  running  east  of  the  Bolivar  Factory  in  said  Canton, 
thence  passing  near  the  house  of  VViUiarn  Henry,  in  Stough- 
ton,  thence  passing  near  the  house  of  Lemuel  Bird,  and 
terminating  near  the  Congregational  Meeting-house,  in 
Stoiighton  Village,  on  laud  of  Benjamin  Capen,  Simeon 
Tucker  or  Nathaniel  Morton,  or  some  other  convenient 
place  in  said  village. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  not 
exceed  one  hundred  and  fifty  thousand  dollars,  and  shall 
be  divided  into  shares  of  one  hundred  dollars  each,  and 
said  company  may  invest  such  part  thereof  in  real  estate, 
as  may  be  found  necessary  and  convenient  for  the  pur- 
poses of  said  road. 

Sect.  4.  The  Legislature  may  regulate  the  fare  on  said 
road  whenever  the  income  shall  exceed  ten  per  cent. ;  and 
authorize  any  other  rail-road  to  enter  on  and  use  the  same 
for  such  tolls  as  the  Legislature  may,  from  time  to  time 
prescribe. 

Sect.  5.  The  said  Branch  Rail-road  Company  may 
enter  and  unite  their  rail-road  with  the  Boston  and  Provi- 
dence Rail-road  at  the  point  mentioned  in  the  second 
section  of  this  act,  paying  for  the  right  to  use  the  same, 
or  any  part  thereof,  such  a  rate  of  toll  as  may  be  mutually 
agreed  upon  by  the  parties,  or  as  the  Legislature  may  from 
time  to  time  prescribe. 

Sect.  6.  If  the  location  of  said  road  be  not  filed  accord- 
ing to  law,  or  if  the  said  company  shall  not  complete  said 
road  with  one  track  at  least,  within  three  years,  then  this 
act  shall  be  void. 

Sect.  7.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor^  March  IG,  1844.] 

An  Act  to  incorporate  the  Groton  Branch  Rail-road  Company. 

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

Sect.  1.  Benjamiti  M.  Farley,  Nathaniel  P.  Smith,  and 
John  G.  Park,  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  the  Groton  Branch 
Rail-road  Company,  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  thirty-ninth  chapter  of  said  statutes, 
which  relates  to  rail-road  corporations,  and  in  the  statutes 
of  one  thousand  eight  hiuidred  and  thirty-seven,  chapter 
two  hundred  and  twenty-six,  and  in  the  statutes  of  one  thou- 
sand eight  hundred  and  thirty-eight,  chapter  ninety-nine. 

Sect.  2.  The  said  company  may  construct  a  rail-road 
upon  the  following  route,  viz  :  commencing  at  a  point  upon 
the  Boston  and  Fitchburg  Rail-road,  near  school-house 
31 


Capital  stock 
not  to  exceed 
$150,000,  in 
shares  of  $100. 

Real  estate. 


The  Legisla- 
ture may  regu- 
late fares,  pro- 
vided, &c.  and 
authorize  other 
companies  to 
use  the  road. 

May  unite  with 
the  Boston  and 
Providence 
Rail  road,  pro- 
vided, &c. 


Time  for  locat- 
ing and  com- 
pleting the 
road. 


When  to  take 
effect. 


Chap  137. 


Persons  incor- 
porated. 


Location  of 
road. 


238 


1844.. 


■Chap.  137. 


Capital  stock 
not  to  exceed 
$125,000  in 
shares  of  $50 
each. 

Real  estate. 


After  four  years 
the  Legisla- 
ture may  re- 
duce the  rates 
of  toll,  pro- 
vided, &c. 


Time  for  locat- 
ing and  com- 
pleting the 
road. 


May  use  the 
Boston  and 
Filchhurg 
Rail -road,  pro- 
vided, &c. 


The  Legisla- 
ture may  au- 
thorize any 
other  company 
to  use  the  road, 
provided,  &c. 


number  twelve,  in  said  Groton,  in  the  county  of  Middle- 
sex, and  from  thence  passing  in  a  northeasterly  direction 
upon  the  most  eligible  route  to  a  point  near  the  house  of 
Stephen  Kendall,  in  said  Groton  ;  thence  passing  through 
broad  meadow  to  the  most  eligible  point  upon  Maine  street 
in  said  Groton,  near  the  house  of  Amos  Bancroft;  thence 
from  said  Main  street,  in  the  same  direction,  by  the  most 
eligible  route,  to  a  point  near  the  house  of  Noah  Torrey 
in  said  Groton  ;  thence  in  the  same  direction,  by  the  most 
eligible  route,  to  some  convenient  point  upon  the  road 
leading  from  Pepperell  to  Diuistable,  between  Jewett's 
bridge  and  the  house  of  John  Shattuck  in  said  Groton. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  not 
exceed  one  hundred  and  twenty-five  thousand  dollars,  and 
shall  be  divided  into  shares  of  fifty  dollars  each.  And 
said  corporation  may  invest  atid  hold  such  part  thereof  in 
real  estate,  as  ma)"^  be  convenient  and  necessary  for  the 
purposes  of  their  incorporation. 

Sect.  4.  The  Legislature  may,  after  the  expiration  of 
four  years  from  the  time  when  the  said  rail-road  shall  be 
opened  for  use,  from  time  to  time,  alter  or  reduce  the  rate 
of  tolls,  or  other  profits  upon  said  road  ;  but  the  said  tolls 
shall  not,  without  the  consent  of  such  corporation,  be  so 
reduced  as  to  produce,  with  said  profits,  less  than  ten  per 
cent,  per  annum. 

Sect.  5.  If  said  corporation  be  not  organized,  and  the 
location  of  said  road  filed  with  the  commissioners  of  the 
county  of  Middlesex,  within  three  years  from  the  passage 
of  this  act,  or  if  the  said  road  be  not  completed  within  six 
years  from  the  passage  of  this  act,  then  this  act  shall  be 
void. 

Sect.  6.  The  said  corporation  are  hereby  authorized  to 
enter  with  their  rail-road,  by  proper  turnouts  and  switches, 
on  such  point  of  the  Boston  and  Fitchburgh  Rail-road  as 
is  designated  in  the  second  section  of  this  act,  viz :  at  a 
point  in  said  Groton,  near  school-house  number  twelve, 
paying  for  ihe  right  to  use  the  same,  such  a  rate  of  tolls  as 
the  IjCgislature  may  from  time  to  time  prescribe,  and 
complying  with  sucli  reasonable  rates  and  regulations  as 
may  be  established  by  said  Boston  and  Fitchburg  Rail- 
road Company. 

Sect.  7.  The  Legislature  may  authorize  any  company 
to  enter  with  another  rail-road,  at  any  point  of  said  Groton 
Branch  Rail-road,  and  use  the  same,  or  any  part  thereof, 
paying  therefor  such  a  rate  of  toll  or  compensation  as  the 
Legislature  may  from  time  to  time  prescribe,  or  that  may 
be  fixed  under  the  provisions  of  any  general  law  of  this 
Commonwealth,  and  complying  with  the  rules  and  regula- 
tions which  may  be  established  by  said  Groton  Branch  Rail- 
road Company  :  provided^  however,  that  no  other  corporation 


1844.- 


■Chap.  137—139. 


239 


shall  enter  upon  said  Groton  Branch  Rail-road,  with  any 
motive  power,  unless  said  Groton  liranch  Rail-road  Com- 
pany 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  said 
Groton  Branch  liail-road.  \^A})j)roved  by  the  Governor, 
March  10,  1844.] 

An  Act  in  addition  to  an  Act  concerning  Masters  in  Chancery. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  satne,  as  follows  : 

Sect.  1.  All  proceedings  and  processes,  which  may 
have  been  commenced  under  the  direction  of  any  master 
in  chancery,  previous  to  the  termination  of  the  commission 
of  such  master  in  chancery,  shall  be  prosecuted  to  their 
final  termination  by  said  master,  in  the  same  manner  and 
with  the  same  force  and  etfect,  as  they  would  have  been, 
had  such  commission  remained  in  force. 

Sect.  2.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  16,  1844.] 


Chap  138. 


Masters  in 
ctiancery  may 
continue  pro- 
ceedi  gs  com- 
menced prior 
to  tlie  expira- 
tion of  their 
commissions. 


When   to  take 
effect. 


Persons    incor- 
porated. 


An  Act  to  incorporate  the  Lowell  Equitable  Life  Insurance  Company.         ChflT)  139 

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

Sect.  1.  Josiah  G.  Abbott,  Jonathan  Tyler,  Jefferson 
Bancroft,  their  associates  and  successors,  are  hereby  made 
a  corporation  by  the  name  of  the  Lowell  Equitable  Life 
Insurance  Company,  to  be  established  in  the  city  of  Lowell, 
for  the  purpose  of  making  assurances  on  single  lives,  joint 
lives  and  survivorships,  and  for  making  reversionary  pay- 
ments, on  the  principle  of  mutual  contribution  and  mutual 
participation  in  the  surplus  funds,  or  otherwise,  with  all 
the  powers  and  privileges,  and  subject  to  ail  the  duties  and 
liabilities,  contained  in  the  thirty-seventh  and  forty-fourth 
chapters  of  the  Revised  Statutes,  so  far  as  the  same  may 
be  applicable  to  this  corporation. 

Sect.  2.  When  one  hundred  and  fifty  persons  have  sub- 
scribed to  become  members  of  the  company,  by  being  in- 
sured for  one  or  more  years,  or  for  the  whole  term  of  life, 
the  first  meeting  may  be  called  for  the  purpose  of  organiz- 
ing the  corporation,  but  only  one  half  the  whole  number  of 
directors  shall  then  be  chosen. 

Immediately  after  such  organization,  books  shall  be  open- 
ed for  the  subscription  of  a  guarantee  capital  stock  of  fifty 
thousand  dollars,  to  be  divided  into  shares  by  the  corpora- 
tion thus  organized,  half  of  which  shall  be  paid  in  cash,  or 
secured  as  hereinafter  provided,  for  the  investment  thereof, 


When  to  be  or- 
ganized, and 
half  the  direc- 
tors to  be  cho- 
sen. 


Guarantee  cap- 
ital to  be 
S5 0,000,  half  of 
which  to  be 
paid  in  or  se- 
cured, &c. 


240 


1844.- 


■Chap.  139. 


Directors,  not 
chosen  at  the 
time  of  organi- 
zation, when 
and  how  to  be 
chosen. 


Capital  how  to 
be  invested. 


Real  estate 
not  to  exceed 
$5,000. 

Division  of 
surplus  funds ; 
■when  and  on 
"what  principles 
to  be  made. 


General  bal- 
ance state- 
ments, when  to 


before  the  said  corporation  shall  go  into  operation  for  the 
purpose  of  making  assurances  ;  the  other  half  of  said  stock 
may  be  called  for  by  the  directors,  from  time  to  time,  when 
they  deem  it  necessary  or  expedient,  and  shall  be  paid  in 
by  the  holders  of  the  stock,  which  shall  always  stand 
pledged  to  the  corporation  for  all  such  assessments  so  called 
for,  and  said  stock  shall  be  entitled  to  an  annual  dividend 
not  exceeding  seven  per  centum  on  the  amount  paid  in. 

Sect.  3.  As  soon  as  such  amount  of  stock  shall  be  so 
subscribed  and  paid  in,  or  secured,  as  aforesaid,  a  meeting 
shall  be  called  of  the  said  stockholders,  and  they  shall  elect 
from  their  own  number,  the  remaining  half  of  the  first  board 
of  directors  ;  and  at  every  future  election  of  directors,  until 
the  guarantee  stock  shall  be  redeemed,  one  half  the  num- 
ber shall  be  selected  from  the  assured,  for  one  or  more 
years,  or  for  the  whole  term  of  life,  and  the  other  half  from 
the  stockholders,  all  to  be  chosen  jointly. 

Sect.  4.  The  funds  of  the  company  shall  be  invested  in 
the  stock  of  the  United  States,  of  the  State  of  Massachu- 
setts, of  the  city  of  Boston,  and  in  notes  secured  by  bond 
and  mortgage  of  unincumbered  real  estate  in  Massachu- 
setts, worth  three  times  the  amoimt  loaned  thereon. 

The  corporation  may  hold  real  estate  to  an  amount  not 
exceeding  five  thousand  dollars,  for  the  purpose  of  securing 
suitable  offices  for  the  institution. 

Sect.  5.  At  the  expiration  of  every  three  years,  after  the 
expiration  of  the  first  year,  there  shall  be  a  general  investi- 
gation of  the  affairs  of  the  society,  or  company,  for  the  past 
three  years,  with  an  estimate  of  the  surplus  funds,  which 
may  remain  after  providing  for  all  risks,  losses  and  inciden- 
tal expenses.  If  it  shall  appear,  after  the  investigation, 
that  there  is  a  surplus  fund,  more  than  equivalent  to  the 
amount  of  debts  and  claims  against  the  funds,  one  third  of 
the  estimated  surplus  funds  and  receipts  shall  be  set  aside, 
with  its  accumulations,  as  a  reserved  fund,  to  be  applied  to 
the  redemption  of  the  guarantee  stock  ;  and  whenever,  after 
the  expiration  of  ten  years  from  the  time  of  organizing  the 
corporation,  the  amount  of  such  reserved  funds  shall  be 
sufficient  for  the  purpose,  and  the  assured  shall  vote  to  re- 
deem the  said  guarantee  stock,  the  same  shall  be  redeemed. 

The  remaining  two  thirds  of  the  estimated  surplus  funds 
shall  be  equitably  divided  among  the  existing  policies,  for 
one  or  more  years,  or  for  the  whole  term  of  life,  in  propor- 
tion to  the  respective  amount  of  premiums  paid,  either  by 
single  contribution,  or  by  uniform  annual  premiums  or  con- 
tributions, and  allocated  to  the  original  suin  assured,  as  a 
bonus,  or  reversionary  addition,  payable  when  the  policy 
emerges  and  becomes  a  claim. 

Sect.  6.  Within  thirty  days  after  the  expiration  of  four 
years  from  the  time  of  organizing  the  company,  and  within 


1844.- 


-Chap.  139—140. 


241 


thirty  days  after  the  expiration  of  every  subsequent  three 
years,  the  company  shall  cause  to  be  made  a  general  bal- 
ance statement  of  the  aflairs  of  the  said  company,  which 
shall  be  entered  in  a  book  prepared  for  that  purpose.  Such 
statement  shall  contain, — 

1st.  The  amount  of  contributions  received  during  the 
said  period,  and  the  amount  of  interest  received  from  in- 
vestments and  loans. 

2d.  The  amount  of  expenses  of  the  said  company  during 
the  same  period. 

3d.  The  amount  of  losses  incurred  during  the  same 
period. 

4th.    The  balance  remaining  with  said  company. 

5th.  The  nature  of  the  security  in  which  the  said  bal- 
ance is  invested  or  loaned,  and  the  amount  of  cash  on  hand, 
and  the  aggregate  amount  of  the  sums  assured  in  the  exist- 
ing policies. 

6th.  The  president  or  vice  president  of  the  said  company 
shall,  within  thirty  days  after  the  balance  statement  is 
made  up,  transmit  a  copy  thereof  signed  and  sworn  to  by 
the  president  and  vice  president,  and  a  majority  of  the  di- 
rectors, and  also  by  the  auditor,  actuary  or  secretary,  to  the 
Secretary  of  the  Commonwealth,  to  be  by  him  laid  before 
the  Legislature. 

Sect.  7.  The  said  corporation  shall,  on  the  third  Mon- 
day of  January,  every  year,  pay  over  to  the  trustees  of  the 
Massachusetts  General  Hospital  one  third  of  the  net  profits, 
if  any,  which  shall  have  arisen  from  insurance  on  lives 
made  during  the  preceding  year. 

Sect.  8.  So  long  as  this  corporation  shall  well  and  truly 
pay  to  the  General  Hospital  the  aforesaid  share  of  profit,  it 
shall  not  be  lawful  for  any  persons  or  corporation  within 
the  Commonwealth  to  make  insurance  on  lives  upon  land, 
unless  empowered  so  to  do,  by  any  future  Legislature  of 
this  Commonwealth.  And  whenever  any  person,  or  corpo- 
ration shall  hereafter  be  thus  empowered,  the  obligation  of 
this  corporation  to  pay  the  trustees  of  the  General  Hospital, 
for  the  use  of  said  hospital,  the  third  part  of  the  net  profits 
which  may  thereafter  arise  on  insurance  on  lives,  shall 
cease,  unless  the  same  obligations  shall  be  imposed  on  such 
persons  or  corporations  thus  hereafter  empowered.  [Ap- 
proved by  the  Governor,  March  16,  1844.] 


be  made,  and 
what  particu- 
lars to  contain. 


Contributions 
and  interest 
received. 


Expenses. 
Losses. 


Balance  on 
hand. 

Investment  of 
balance,  cash 
on  hand,  and 
sums  assured. 

Attested  bal- 
ance statement 
to  be  transmit- 
ted to  the  sec- 
retary for  the 
Legislature. 


Proportion  of 
prohts  to  be 
annually  paid 
to  the  Massa- 
chusetts Gen- 
eral Hospital. 

Obligation  of 
such  payments, 
on  what  condi- 
tions to  be  con- 
tinued. 


Chap  140. 


An  Act  to  incorporate  the  South  Boston  Lyceum. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Covrt  assembled,  and  by  the  authority  of 
the  sa7ne,  as  follovps  : 

Sect.  1.      David   Nickerson,    John   Tillson   and    Hugh  Persons  mcor- 
Montgomery,   their  associates  and  successors,  are  hereby  p^""^*^*^- 


242 


1844.- 


-Chap.  140—141. 


To  maintain  a 
lyceum  in 
South  Boston. 


May  hold  pro- 
perty to  the 
amount  of 
«i5,000. 

When  to  take 
effect. 


made  a  corporation,  by  the  name  of  the  South  Boston  Ly- 
ceum, 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  erect  and  maintain 
a  building  for  the  purposes  of  a  lyceum,  and  for  other  lite- 
rary, scientific  and  educational  purposes,  in  that  part  of  the 
city  of  Boston  known  as  South  Boston,  and,  for  these  pur- 
poses, may  hold  real  and  personal  estate  to  the  amount  of 
fifteen  thousand  dollars,  to  be  devoted  exclusively  as  afore- 
said. 

Sect.  3.  This  act  shall  take  effect  from  and  after  its 
passage.     [App?'ovcd  by  the  Governor,  March  16,  1844.] 


Persons  incor- 
porated. 


ChcfP  141.       ■^'^  ■^'^'^  *o  incorporate  the  Georgetown  and  Danvers  Rail-road  Company. 

BE  it  enacted  ly  the  Senate  arid  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 

Sect.  1.  Elias  Putnam,  Samuel  Preston,  Joshua  Silves- 
ter, John  W.  Proctor,  Robert  S.  Daniels,  Henry  Poor,  Eli- 
jah W.  Upton,  Kendall  Osborn,  Lewis  Allen,  David  Dan- 
iels, Fitch  Poole,  Eben  Sutton  and  George  Osborn  of  Dan- 
vers ;  John  Kimball,  John  A.  Lovering,  C.  G.  Baker,  of 
Georgetown;  John  Wright,  William  Kimball,  Joseph  S. 
Bachelder,  R.  A.  Meriam,  of  Topsfield,  are  hereby  made  a 
corporation  by  the  name  of  the  Georgetown  and  Danvers 
Rail-road  Company,  with  all  the  powers  and  privileges, 
and  subject  to  all  the  duties,  restrictions,  and  liabilities,  set 
forth  in  the  forty-fourth  chapters  of  the  Revised  Statutes, 
and  in  that  part  of  the  thirty-ninth  chapter  of  the  said  sta- 
tutes relating  to  rail-road  corporations,  and  in  the  statutes 
of  one  thousand  eight  hundred  and  thirty-seven,  chapter 
two  hundred  and  twenty-six,  and  in  the  statutes  of  one 
thousand  eight  hundred  and  thirty-eight,  chapter  ninety- 
nine. 

Sect.  2.  Said  company  may  construct  a  rail-road  from 
the  central  part  of  the  village  of  Georgetown,  southerly 
through  the  village  of  Topsfield,  the  villages  at  Danvers 
Plains,  and  at  South  Danvers,  and  thence  to  Salem,  to 
unite  with  the  Eastern  Rail-road,  at  such  point,  and  in  such 
manner  as  shall  be  mutually  agreed  by  said  companies. 

Sect.  3.  The  capital  stock  of  said  company  shall  not 
exceed  three  hundred  thousand  dollars,  and  shall  be  divid- 
ed into  shares  of  one  hundred  dollars  each  ;  the  number  of 
which  shall  be  determined  from  time  to  time  by  the  direc- 
tors thereof  The  said  company  may  purchase  and  hold 
such  real  estate,  on  the  line  and  in  the  vicinity  of  said  road, 
as  may  be  necessary  and  convenient  for  the  purposes  of  the 
road. 


Location  of  the 
road- 


Capital  not  to 
exceed  S300,- 
000,  in  shares 
of  $100. 


Real  estate. 


1844.- 


-Chap.  141—142. 


243 


Sect.  4.  The  said  company  may  make  such  arrange- 
ments and  agreements  with  the  Eastern  Rail-road  Compa- 
ny, and  with  the  Georgetown  Branch  Rail-road  Company 
for  the  accommodation  of  the  business  to  be  done  on  their 
respective  roads,  and  the  uniting  of  the  same,  as  shall  be 
most  for  the  convenience  of  the  public,  and  the  interest  of 
all  concerned.  And  in  case  no  satisfactory  terms  can  be 
mutually  agreed  on  for  uniting  the  use  of  said  roads,  then 
the  said  company  shall  be  authorized  to  enter  upon  the  said 
Eastern  Rail-road,  and  the  said  Georgetown  Branch  Rail- 
road, in  such  manner  as  shall  be  most  convenient  for  the 
public,  paying  for  the  right  to  use  the  same  or  any  part 
thereof,  such  a  rate  of  toll  as  the  Legislature  may  from 
time  to  time  prescribe,  and  complying  with  such  rules  and 
regulations  as  may  be  established  by  the  directors  of  said 
roads,  in  conformity  with  the  general  provisions  of  the  laws 
of  this  Commonwealth. 

Sect.  5.  The  Legislature  may  from  time  to  time  regu- 
late the  rate  of  tolls  or  other  receipts  on  said  road,  when- 
ever the  net  income  thereof  shall  exceed  ten  per  cent,  per 
annum,  and  reduce  the  same  within  this  sum. 

Sect.  6.  If  the  location  of  said  road  be  not  filed  ac- 
cording to  law,  or  if  the  company  shall  not  complete  said 
road,  as  provided  for  in  the  second  section  of  this  act,  with 
at  least  one  track,  within  three  years  from  the  date  of  the 
same,  then  the  act  shall  be  null  and  void.  [Approved  by 
the  Governo?^,  March  16,  1844.] 


May  unite  with 
the  Eastern 
Rail-road  Com- 
pany, and  with 
the  George- 
town Branch 
Rail -road 
Company. 

Or  use  their 
roads,  provided, 

&.C. 


The  Legisla- 
ture may  re- 
duce the  rate 
of  tolls,  provid- 
ed, &c. 

Time  for  loca- 
tion and  com- 
pletion of  road. 


An  Act  to  annex  a  part  of  the  town  of  Sutton  to  the  town  of  Northbridge.    Chdv)  142. 

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

Sect.  1.  That  the  following  described  tract  of  land  in  Persons  and 
the  town  of  Sutton,  and  county  of  Worcester,  with  the  in-  lands  to  he  set 
habitants  tliereon  residing,  be  set  off  and  annexed  to  the  ed. 
town  of  Northbridge  in  the  said  county  of  Worcester,  be- 
ginning at  the  point  where  the  boundary  lines  of  Grafton, 
Sutton  and  Northbridge  intersect  each  other;  thence  run- 
ning south,  eighty-two  and  a  half  degrees  ;  west,  two  hun- 
dred and  fifteen  rods  fifteen  links  or  thereabouts,  as  the  line 
now  runs  between  Grafton  and  Sutton,  to  a  stone  south- 
easterly of  school-house  number  ten,  in  Sutton  ;  thence 
south  forty-nine  and  three  quarters  degrees  west,  to  a  stake 
and  stones  between  the  land  of  Joseph  Dudley  and  Jacob 
Dodge  ;  thence  south  two  hundred  and  seventy  rods,  to  a 
stake  and  stones  in  the  corner  of  the  wall,  where  the  land 
of  Joseph  Dudley  bounds  on  land  of  Lewis  Pierce  ;  thence 
south  seventeen  and  a  half  degrees  west,  to  a  stone  in  the 
ground  between  Sutton  and  Northbridge;  thence   by  the 


244 


1844.. 


-Chap.  142—143. 


Taxes  assessed 
to  be  paid  as 
heretofore. 

Sutton  paupers 
set  off,  to  he 
maintained  by 
Northbrid^e. 


Chap  143. 


Secretary, 
when  to  trans- 
mit blank  cer- 
tificates. 


Duplicate  re- 
turns of  elec- 
tions. 


One  to  he 
given  to  the 
representative 
elected,  the 
other  to  be 
filed  with  the 
secretary. 


Secretary, 
when  to  deliv- 
er lists  to  the 
sergeant  at 
arms. 


Who  shall  ad- 
mit the  persons 
thereon   enroll- 
ed to  the  repre- 
sentatives' 
chamber. 


line  as  it  now  runs  between  Sutton  and  Northbridge,  east- 
erly, and  thence  northerly,  and  otherwise  as  the  line  now 
runs  to  the  bound  first  mentioned  :  provided  all  taxes  here- 
tofore assessed  or  raised,  shall  be  paid  as  if  this  act  had 
not  passed. 

Skct.  2.  If  any  persons  who  have  heretofore  gained  a 
legal  settlement  in  Sutton,  by  a  residence  on  said  territory, 
or  by  having  been  proprietors  of  any  part  thereof,  or  who 
may  derive  such  settlement  from  any  such  resident  or  pro- 
prietor, shall  stand  in  need  of  reUef  and  support,  they  shall 
be  reheved  and  supported  by  said  town  of  Northbridge,  in 
the  same  manner  as  if  they  had  gained  a  legal  settlement 
in  that  town.  [Approved  by  the  Governor,  March  16,  1844] 

An  Act  concerning  the  Organization  of  the  House  of  Representatives. 

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

Sect.  1.  The  secretary  of  the  Commonwealth,  on  or  be- 
fore the  first  Monday  of  November,  in  each  year,  shall 
transmit  to  each  city  and  town,  two  or  more  blank  forms  of 
the  certificate  provided  in  and  by  the  ninth  section  of  the 
fifth  chapter  of  the  Revised  Statutes. 

Sect.  2.  When  an  election  of  a  representative  or  repre- 
sentatives shall  have  been  made  in  any  town  or  city,  the 
selectmen,  or  other  proper  officers  thereof,  shall  make  du- 
plicate returns  of  the  same,  in  the  manner  required  by  the 
eighth  section  of  the  said  chapter. 

Sect.  3.  One  of  the  said  certificates  shall  be  transmitted 
by  the  said  selectmen,  or  other  proper  officers,  to  the  office  of 
the  secretary  of  the  Commonwealth,  on  or  before  the  Mon- 
day preceding  the  first  Wednesday  of  January,  in  each 
year,  and  the  other  shall  be  given  to  the  person  or  persons 
elected,  within  one  month  after  the  election. 

Sect.  4.  The  secretary  of  the  Commonwealth  shall  re- 
ceive and  examine  the  certificates  so  returned  into  his  office, 
and  sliall  make  a  list  of  the  persons  returned ;  and,  on  the 
Tuesday  next  preceding  the  said  first  Wednesday  of  Janu- 
ary, shall  deliver  such  list  to  the  sergeant  at  arms.  The 
secretary  shall  also  receive  and  examine  all  other  certifi- 
cates which  may  be  returned  into  his  office  before  the  house 
ot  representatives  shall  be  called  to  order,  and  immediately 
upon  receiving  the  same,  shall  make  a  list  of  the  persons  so 
returned,  and  deliver  it  to  the  sergeant  at  arms. 

Sect.  5.  The  persons  whose  names  are  borne  on  the  said 
list  shall  be  admitted  by  the  sergeant  at  arms  into  the  rep- 
resentatives ciiamber,  and  to  take  seats  therein  as  members, 
on  the  said  first  Wednesday  of  January,  or  at  any  time  af- 
terwards ;  and  no  other  person  shall  be  so  admitted,  except 
as  hereinafter  provided  in  the  eighth  section. 


1844.- 


■Chap.  143—144. 


245 


The  secretary 
to  forward  an- 
other list,  with 
certificates,  to 
the  house  of 
represeata- 
tives. 


House,  how  to 
be  temporarily 
organized. 


Proceedings  of 
persons  claim- 
ing seats. 


Sect,  6.  The  secretary  of  the  Commonwealth  shall  also 
make  a  list  of  all  the  persons  returned  as  representatives, 
and  shall  transmit  such  list,  together  with  the  said  certifi- 
cates, to  the  house  of  representatives,  as  soon  as  the  mem- 
bers thereof  shall  have  been  called  to  order  as  provided  in 
the  next  section. 

Sect.  7,  On  the  said  first  Wednesday  of  January,  in 
each  year,  and  some  time  between  the  hoars  of  ten  in  the 
forenoon  and  twelve  at  noon  of  the  same  day,  the  several 
persons  returned  as  aforesaid,  and  admitted  as  members 
into  the  representatives'  chamber,  shall  be  called  to  order  by 
the  oldest  member  present ;  or,  if  there  be  two  or  more  pres- 
ent of  equal  and  the  oldest  standing  as  members,  then  by 
the  oldest  of  such  two  or  more  ;  and  such  member  shall  be 
the  presiding  officer  of  the  house  until  a  speaker  shall  be 
chosen,  or  until  the  house  shall  otherwise  direct. 

Sect.  8.  Any  person  having  a  certificate,  or  other  docu- 
mentary evidence  of  his  election  as  a  representative,  whose 
name  shall  not  be  borne  on  the  said  list,  may  at  any  time 
after  the  house  shall  have  been  called  to  order,  present  his 
certificate  or  other  evidence  to  the  presiding  officer,  or  to 
the  speaker,  if  one  shall  be  then  chosen,  who  shall  commu- 
nicate the  same  to  the  house  for  their  order  thereon ;  but 
such  person  shall  not  take  a  seat,  and  act  as  a  member, 
until  permitted  so  to  do  by  the  house. 

Sect.  9.  The  clerk  of  the  house  of  representatives  for 
the  present,  or  for  any  succeeding  year,  shall  act  as  clerk 
of  the  next  succeeding  house  until  a  clerk  thereof  shall  be 
chosen  and  sworn. 

Sect.  10.  The  clerk,  or  acting  clerk,  may  appoint  a 
deputy  in  case  of  sickness,  or  of  other  necessary  detention, 
or  of  leave  of  absence  from  the  house  ;  such  appointment 
to  be  in  writing,  and  for  three  days  only;  and  he  may  also 
appoint  an  assistant,  if  necessary,  subject  to  the  approval 
or  disapproval  of  the  house. 

Sect.  11.  The  clerk,  deputy  clerk,  and  assistant,  shall 
be  qualified  by  taking  the  oath  of  office  prescribed  by  the 
sixth  chapter  of  the  second  part  of  the  constitution. 

Sect.  12.  The  first  eight  sections  of  this  act  shall  be 
printed  on  some  part  of  the  blank  form  of  the  certificate 
mentioned  in  the  first  section.  [Approved  by  the  Governor, 
March  16,  1844.] 

An  Act  in  addition  to  an  Act  to  incorporate  the  Hope  Insurance  Company. 

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

Sect.  1.     The    Hope   Insurance   Company  may  divide 
among  their  stockholders,  and  the  persons  insured  by  them  §ivided'among 
in  proportion   to  the  stock  owned,  and  the  premiums  paid  stockholders, 

32 


Clerk  of  last 
house  to  offi- 
ciate as  clerk. 


And  may  ap- 
point a  deputy 
and  assistant, 
provided,  &c. 


Clerk,  &c.  how 
to  be  qualified. 


First  eight  sec- 
tions of  this  act 
to  be  printed 
on  blank  cer- 
tificate. 


Chap  144. 


Six  per  cent, 
ants  to  be 


of 


246 


1844. 


-Chap.  144—146. 


and  excess 
over  six  per 
cent,  among 
stockholders 
and  persons 
insured,  j)ro- 
vided,  &,c. 


Stockholders 
may  withdraw 
their  propor- 
tion of  assets, 
to  be  ascer- 
tained by  arbi- 
trators before 
the  acceptance 
of  this  act. 


Ckap  145. 


Poll  tax  to  be 
assessed  on  all 
male  inhabi- 
tants over  70 
years  old,  ex- 
cept, &c. 

Repeal  of  in- 
consistent pro- 
visions. 

Chap  146. 


Overseers  of 
the  poor,  &c., 
to  make  return 
of  paupers  by 
reason  of  in- 
sanity or 
idiocy. 


on  risks  terminated  all  of  their  clear  profit  over  and  above 
the  amount  of  six  per  cent,  per  annum,  which  six  per  cent, 
shall  be  divided  among  the  stockholders  alone  :  provided, 
that  no  such  division  among  the  stockholders  and  the  per- 
sons insured,  jointly  sb.ali  be  made  until  all  arrearages, 
which  may  hereafter  occur  in  the  six  per  centum  payable 
to  the  stockholders,  shall  have  been  paid  to  the  stock- 
holders. 

Sect,  2.  Any  stockholder  may  withdraw  his  proportion 
of  the  assets  of  the  company,  the  value  of  which  shall 
forthwith  be  ascertained  by  arbitration  before  the  accept- 
ance of  this  act ;  and  any  deficiency  thus  created  in  the 
capital  stock  shall  be  made  up  by  new  subscribers  before 
this  act  shall  go  into  operation.  The  arbitrators  herein 
provided  for,  shall  be  appointed,  one  by  the  president  of 
the  company  and  one  by  the  claiming  stockholder  ;  and  in 
case  the  two  persons  so  appointed  are  unable  to  agree  as 
to  the  value  of  the  assets,  they  shall  appoint  a  third  arbi- 
trator to  act  with  them.  {Approved  by  the  Governor, 
March  16,  1844.] 

An  Act  relating  to  the  Poll  Tax. 

BE  it  enacted  by  the  Senate  and  Honse  of  Representa- 
tives^ iti  General  Conrt  assembled,  and  by  the  atithority  of 
the  same,  as  follows : 

Sect.  1.  A  poll  tax  shall  be  assessed  upon  every  male 
inhabitant  of  the  Commonwealth  above  the  age  of  seventy 
years,  excepting  paupers  and  persons  imder  guardianship, 
whether  a  citizen  of  the  United  States,  or  an  alien,  in  the 
manner  heretofore  provided  by  law. 

Sect.  2.  AU  acts  inconsistent  with  this  act  are  hereby 
repealed.     [Approved  by  the  Governor,  March  16,  1844.] 

An  Act  in  addition  to  an  Act  providing  for  a  Keturn  by  the  Overseers  of 

the  Poor. 

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

Sect.  1.  The  overseers  of  the  poor  of  the  several  towns 
in  this  Commonwealth,  and  the  directors  of  the  House  of 
Industry  in  the  city  of  I3oston,  shall,  in  their  returns  to  the 
secretary  of  the  Commonwealth,  make  true  and  correct 
answer  to  the  following  inquiry  :  What  number  of  persons 
relieved  or  supported  as  paupers  during  the  year  in  your 
town,  have  become  paupers  by  reason  of  insanity  or  idiocy  7 
And  the  blank  form  of  return  furnished  the  said  overseers 
and  directors  by  the  secretary  of  the  Commonwealth,  shall 
contain  in  substance  the  foregoing  interrogatory.  {Aj)- 
proved  by  the  Governor,  March  16,  1844.] 


1844.- 


■Chap.  147—148. 


247 


An  Act  in  addition  to  an  Act  for  the  more  equal  Assessment  of  Taxes. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  avthority  of 
the  same,  as  follows  : 

Sect.  1.  Whenever  the  cashier  of  any  bank,  or  the 
clerk  of  any  rail -road,  manafactiiring,  bridge,  turnpike  or 
canal  corporation  or  insurance  company,  (except  of  mutual 
insurance  companies,)  incorporated  by  and  under  the  au- 
thority of  this  Commonwealth,  shall  reside  without  this 
Commonwealth,  it  shall  be  the  duty  of  the  directors  of 
said  corporations  or  companies,  to  make  or  cause  to  be 
made,  the  returns,  to  the  assessors  of  the  several  towns 
and  cities  in  this  Commonwealth,  within  the  time  and  in 
the  manner  the  same  are  required  to  be  made  by  said 
cashiers  and  clerks,  by  the  first  section  of  the  ninety-eighth 
chapter  of  the  acts  of  the  year  eighteen  hundred  and  forty- 
three. 

Sect.  2.  If  the  directors  of  any  corporation  or  company, 
mentioned  in  the  first  section  of  this  act,  shall  neglect  or 
refuse  to  make,  or  cause  to  be  made  the  returns  required 
by  said  section,  the  corporation  or  company,  the  directors 
of  which  shall  so  neglect  or  refuse,  shall  forfeit  for  every 
such  offence,  the  same  sum,  to  be  recovered  and  appro- 
priated in  the  same  manner,  as  the  second  section  of  the 
said  ninety-eighth  chapter  provides  the  clerks  and  cashiers, 
mentioned  in  said  ninety-eighth  chapter,  shall  forfeit  for 
neglect  or  refusal  to  make  the  returns  of  them,  required  by 
said  chapter.     [Approved  by  the  Governor,  March  16,  1844.J 

An  Act  in  addition  to  an  Act  entitled  "  An  Act  concerning  Mortgages  of  Per- 
sonal Property." 

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

Sect.  1.  The  time  within  which  any  creditor,  who  shall 
hereafter  attach  any  personal  property  subject  to  a  mort- 
gage, pledge,  or  lien,  shall  pay  the  sum  due  upon  the  mort- 
gage, pledge,  or  lien,  after  the  same  shall  have  been  de- 
manded of  him  by  the  mortgagee,  pledgee,  or  holder  of  such 
lien,  prescribed  in  the  seventy-eighth  and  seventy-ninth 
section  of  the  ninetieth  chapter  of  the  Revised  Statutes,  is 
hereby  extended  to  ten  days. 

Sect.  2.  Any  personal  property  of  a  debtor,  subject  to  a 
mortgage,  and  being  in  the  possession  of  the  mortgagor,  may 
be  attached  in  like  manner,  as  if  the  same  were  unincum- 
bered, and  the  mortgagee,  or  his  assigns,  may  be  summon- 
ed in  the  same  action  in  which  the  property  is  attached,  as 
the  trustee  of  the  mortgagor,  or  his  assigns,  to  answer  such 
questions  as  may  be  put  to  him  or  them,  by  the  court,  or 
their  order,  touching  the  consideration  of  the  mortgage  and 
the  amount  due  thereon. 


ChapUT. 


When  cashiers 
and  clerks,  &c., 
of  corporatioQS 
reside  in  other 
states,  returns 
to  assessors  to 
be  made  by  di- 
rectors. 


Penalty  for 
neglect  or  re- 
fusal to  make 
return. 


Cfiap  148. 


Time  for  cred- 
itors attaching 
personal  prop- 
erty, &c.,  to 
pay  sums  due 
thereon,  ex- 
tended to  ten 
days. 


Morffaged  per- 
sonal property, 
&c.,  may  be  at- 
tached, &c. 


248 


1844.- 


-Chap.  148—149. 


When  the 
mortgage 
proves  to  be 
bona  fide,  the 
attaching  cred- 
itor must  pay, 
&c. 


The  attaching 
creditor  may 
have  the  valid- 
ity of  the  mort- 
gage tried  by  a 
jury,  &c. 


Creditor  to  be 
reimbursed 
sums  paid  to 
mortgagee,  &c. 


Non-suited  at- 
taching credi- 
tor may  hold 
the  property  as 
security  for  re- 
imbursement. 

Repeal  of  pre- 
vious provis- 
ion. 


Sect.  3.  If,  upon  such  examination,  or  verdict  of  a  jury 
as  hereinafter  provided,  it  shall  appear  to  the  court,  before 
whom  the  action,  on  which  the  attachment  is  made,  is 
brought,  that  the  mortgage  is  bona  fide,  the  court,  having 
first  ascertained  the  amount  that  is  justly  due  upon  the 
mortgage,  may  direct  the  attaching  creditor  to  pay  the  same 
to  the  mortgagee,  or  his  assigns,  within  such  time  as  they 
shall  order  ;  and  if  the  attaching  creditor  shall  not  pay  or 
tender  to  the  mortgagee,  or  his  assigns,  the  sum  so  directed 
by  the  court  to  be  paid,  within  the  time  prescribed,  the  at- 
tachment shall  be  void,  and  the  property  be  restored  to  the 
mortgagee,  or  his  assigns. 

Sect.  4.  If  the  attaching  creditor  shall  deny  the  validity 
of  a  mortgage,  and  move  that  the  same  may  be  tried  by  a 
jury,  the  court  shall  order  such  trial  on  such  issue  as  shall 
be  framed  therefor  under  the  direction  of  the  court,  and  if 
upon  such  examination  or  verdict  the  mortgage  shall  be 
adjudged  valid,  the  mortgagee,  or  his  assigns,  shall  recover 
his  costs. 

Sect.  5.  When  the  creditor  shall  have  paid  to  the  mort- 
gagee, or  his  assigns,  the  sum  directed  by  the  court,  as 
aforesaid,  he  shall  be  entitled  to  retain  out  of  the  proceeds 
of  the  property  attached,  when  sold,  the  sum  so  paid,  with 
interest,  and  the  balance,  if  any,  shall  be  applied  to  the 
payment  of  his  debt. 

Sect.  6.  If  the  attaching  creditor,  after  having  paid  the 
sum  directed  by  the  court,  as  aforesaid,  shall  not  recover 
judgment  in  the  suit,  he  shall  nevertheless,  be  entitled  to 
hold  the  property  until  the  debtor  shall  have  repaid  the 
sum  so  paid  by  order  of  court,  with  interest. 

Sect.  7.  The  third  section  of  the  seventy-second  chap- 
ter of  the  acts  of  the  year  eighteen  hundred  and  forty-three 
is  hereby  repealed.  [Approved  by  the  Governor,  March  16, 
1844.] 


Privilege  to  ex- 
tend to  limits 
of  wharves. 


Chap  149.     -^^  -^^^  *°  authorize  the  New  Bedford  Marine  Railway  and  Wharf  Company 
"  to  plant  and  propagate  Oysters. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows  : 

Sect.  1.  The  New  Bedford  Marine  Railway  and  Wharf 
Company  are  hereby  authorized  to  plant,  propagate,  and 
dig  oysters,  on  and  around  the  shores  of  the  north  end  of 
Fish  Island,  so  called,  in  the  harbor  of  said  New  Bedford, 
as  far  as  they  are  now  authorized  by  law  to  build  or  extend 
wharves  upon  or  around  said  island ;  and  for  that  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.     The  said  corporation  shall  have  the  exclusive 


1844.- 


Chap.  149—150. 


249 


use  of  the  said  waters  and  flats,  to  the  said  extent,  for  the 
purpose  of  planting,  propagating  and  digging  oysters,  for 
the  term  of  twenty  years;  and  if  any  person  shall  dig  for, 
within  said  limits,  or  take  therefrom  any  oysters  during 
the  term  aforesaid,  without  leave  of  said  corporation,  he 
shall  forfeit  and  pay  a  tine  not  exceeding  five  dollars  for  Penalty  for  en- 
each  offence,  to  the  use  of  the  Commonwealth,  to  be  recov-  said  pr?vUege° 
ered  in  any  court  proper  to  try  the  same.  [Appjoved  by  the  within 20 
Governor,  March  16,  1844.] 


years. 


Persons  incor- 
porated. 


An  Act  to  establish  the  Old  Colony  Rail-road  Corporation.  CflOp  150. 

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

Sect.  1.  Nathaniel  Russell,  Isaac  L.  Hedge,  Jacob  H 
Loud,  Nathaniel  M.  Davis,  John  Sever,  John  B.  Thomas 
Thomas  Greenleaf,  Francis  Jackson,  Ellis  G.  Loring, 
Schuyler  Sampson,  William  Nelson,  Allen  Danforth,  Wil- 
liam Thomas,  Isaac  N.  Stoddard,  John  Bartlett,  3d,  and 
Anthony  Morse,  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  the  Old  Colony  Rail- 
road Corporation,  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, 
and  in  that  part  of  the  thirty-ninth  chapter  of  said  statutes 
relating  to  rail-road  corporations  and  all  statutes  subse- 
quently passed  relating  to  rail-road  corporations. 

Sect.  2.     The  said  corporation  may  construct  a  rail-road  Choice  be- 
upon  one  of  the  following  routes,  viz:  commencing  at  a  ^r*!!" ^Tf ^l!!.'^ 

•        •      f-<         1     i-»  1  1       1  T      ^     1       I  cations  01  road 

pomt  m  South  Boston,  near  the  southerly  end  01  the  lower 
bridge,  and  thence  passing,  in  a  line  acceptable  to  the 
mayor  and  aldermen  of  the  city  of  Boston,  to  the  line  of 
the  town  of  Dorchester,  and  thence  in  a  southerly  direction 
by  a  line  passing  easterly  of  the  house  of  Thomas  J.  Vin- 
ton, on  little  neck  so  called  in  Dorchester,  and  easterly  of 
the  house  of  S.  R.  M.  Holbrook,  thence  near  to  Savin  Hill 
not  more  than  four  rods  westerly  from  the  east  line  delin- 
eated on  the  Quincy  survey,  and  across  Dorchester  bay  to 
a  point  near  Preston's  Pic  Nic  grove,  and  thence  to  Nepon- 
set  river  on  a  line  in  no  place  westerly  of  the  most  easterly 
route  surveyed  and  delineated  on  the  plan  exhibited  for  the 
Quincy  Rail-road,  between  said  little  neck  and  Neponset 
River,  except  as  aforesaid,  and  crossing  Neponset  River 
easterly  of  Neponset  Bridge ;  thence  by  a  line  running 
within  half  a  mile  of  either  side  of  Quincy  Turnpike,  to  a 
point  in  Quincy  near  the  junction  of  the  said  turnpike  with 
the  old  Boston  road  ;  thence  through  the  towns  of  Quincy 
and  Braintree  to  a  point  at  or  near  the  head  of  or  above 
navigation  in  Fore  or  Monatiquot  River,  in  Braintree ;  and 


250 


1844.- 


-Chap.  150. 


Bridge  across 
Neponset 
River  for  tlie 
sole  use  of  the 
road. 


Draws  and 
piers  in  the 
bridge  and 
road. 


thence  by  a  line  passing  near  the  head  of  Smelt  Brook,  to 
a  point  west  of  the  village  of  South  Weymouth,  and  to  a 
point  within  half  a  mile  of  James  Tirrel's  store;  thence  in 
a  line  passing  east  of  Weymouth  Great  Pond,  and  through 
nearly  the  middle  of  the  town  of  Abington,  to  a  point  near 
where  the  towns  of  Abington,  East  Bridgewater  and  Han- 
son meet;  thence  diagonally  through  the  town  of  Hanson, 
and  parts  of  the  towns  of  Pembroke  and  Halifax,  and  part 
of  Plympton,  to  the  valley  of  Jones  River,  in  Kingston, 
and  thence  to  a  point  in  Plymouth,  convenient  for  a  depot. 
Or  by  another  route,  diverging  from  the  preceding  in 
Quincy  or  Braintree,  and  passing  within  about  one  fourth 
of  a  mile  from  Rev.  Mr.  Storr's  meeting-house  in  Brain- 
tree  ;  and  thence  by  a  line  passing  within  about  half  a  mile 
of  Randall's  mills,  and  through  the  town  of  Randolph,  to 
a  point  between  the  villages  of  Centre  Abington  and  North 
Bridgewater ;  and  thence  by  a  line  passing  between  the 
villages  of  East  and  West  Bridgewater,  to  a  point  near 
Sprague's  Hill  in  Bridgewater ;  and  thence  by  a  line  pas- 
sing southerly  of  Robbin's  Pond  through  the  town  of  Hali- 
fax, near  the  congregational  meeting-hoose,  and  through 
the  northerly  part  of  the  town  of  Plympton  to  the  valley 
of  Jones  River  in  Kingston,  to  a  point  in  the  route  first 
above  described;  and  thence  to  Plymouth  by  the  line  first 
above  named.  And  the  persons  named  in  the  first  section 
of  this  act  shall  determine  by  major  vote,  which  of  the 
foregoing  routes  shall  be  adopted  ;  and  said  election  of  the 
route,  as  aforesaid,  shall  be  binding  upon  the  corporation, 
upon  written  notice  thereof,  at  any  time  previous  to  filing 
the  location  of  said  road  with  the  county  commissioners  as 
required  by  law. 

Sect.  3.  The  said  corporation  is  authorized  to  constrtlct 
a  bridge  over  and  across  the  waters  of  Neponset  River, 
where  the  line  of  said  rail-road  crosses  said  river,  for  the 
sole  and  exclusive  accommodation  of  the  travel  and  trans- 
portation on  the  said  rail-road;  audit  shall  not  be  lawful 
for  the  said  corporation  to  permit  the  passing  of  said  bridge 
by  carriages  of  any  description,  other  than  those  which  are 
adapted  for  the  travelling  on  the  said  rail-road,  nor  by 
horses  not  attached  to  such  rail-road  carriages,  nor  by  per- 
sons on  foot,  except  by  such  persons,  carriages,  or  horses, 
as  may  be  employed  in  the  immediate  service  of  said  cor- 
poration. 

Sect.  4.  The  said  corporation  shall  construct  and  main- 
tain a  draw  in  their  said  bridge  across  the  Neponset  river, 
and  in  their  said  rail-road  across  Dorchester  bay,  if  the 
route  of  said  rail-road  shall  pass  easterly  of  Savin  hill, 
draws  of  at  least  thirty-one  feet  in  width,  over  the  channel 
of  said  river,  and  in  the  deepest  water  on  the  line  through 
said  Dorchester  bay,  for  the  passage  of  vessels,  free  of  toll ; 


1844. Chap.  150.  261 

and  shall  also  erect  and  maintain  a  pier  as  long  as  the  piles 
in  Neponset  bridge,  near  said  draws,  on  each  side  of  said 
bridge  and  road,  for  the  accommodation  of  vessels  passing 
through  the  same,  and  shall  keep  said  piers  planked  from 
the  line  of  low  water  to  the  top  of  high  water,  and  shall 
also  keep  said  draws  and  piers  in  good  repair,  and  shall 
raise  or  open  said  draws,  and  afford  all  reasonable  accom- 
modation to  vessels  having  occasion  to  pass  through  the 
same  by  day  or  night ;  and  if  any  such  vessel  shall  be  un- 
reasonably detained  in  passing  through  said  draws,  by  the 
negligence  of  said  corporation  to  provide  agents  to  dis- 
charge faithfully  the  duties  enjoined  by  this  act,  the  owner, 
commander,  or  consignee  of  said  vessel,  may  recover  of 
said  corporation  therefor,  in  an  action  in  the  case,  before 
any  court  competent  to  try  the  same. 

Sect.  5.     The  capital  stock  of  said  rail-road  corporation.   Capital 
shall  consist  of  not  more  than  ten   thousand  shares,   the  *i,ooo,ooo,  m 
numbe*-  of  which  shall  be  determined  from  time  to  time,      ' 
by  the  i  irectors  thereof,  and  no  assessment  shall  be  laid 
thereon  '^*f  a  greater  amount  in  the  whole  than  one  hundred 
dollars  on  each  share.     And  the  said  corporation  may  pur- 
chase and  hold   such  real  estate,  materials,   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  merchandize. 

Sect,  6.     The  legislature  may,  after  the  expiration  of  After  four 
four  years  from  the  time  when  the  said  rail-road  shall  be  years,  the  leg- 
opened  for  use,  from  time  to  time,  alter  or  reduce  the  rate  duceToiSor"^^' 
of  tolls  or  other  profits  upon  said  road;  but  the  said  tolls  other  profits, 
shall  not  without  the  consent  of  said  corporation,  be  so  re-  Provided,  &c. 
duced  as  to  produce  less  than  ten  per  cent,  per  annum. 

Sect.  7.     If  the  said  corporation  be  not  organized,  and  Time  for  loca- 
the  location  of  that  part  of  their  road  within  the  county  of  pi^fing'^he'"' 
Suffolk,  filed  with  the  mayor  and  aldermen  of  the  city  of  road." 
Boston,  and   the  location  of  that  part  of  said  road  within 
the  county  of  Norfolk,  filed  with  the  commissioners  of  that 
county,  and  the  location  of  that  part  of  their  road  within 
the  county  of  Plymouth,  filed  with   the  commissioners  of 
that  county,  all  within  three  years  from  the  passage  of  this 
act,  or  if  the  said  road  shall  not  be  completed  within  six 
years  from  the  passage  of  this  act,  then   this  act  shall  be 
void. 

Sect.  8.     The  legislature  may  authorize  any  corpora-  The  legisla- 
tion to  enter  with  another   rail-road,  at  any  point  of  said  ture  may  au- 

r\\j     /-I    1  -r.     -1  1  1  ^1  4.    thorize  any 

Uld    Colony   Kail-road,    and   use    the    same,    or    any   part   corporation  to 
thereof,  paying  therefor  such  a  rate  of  loll  or  compensation,   "se  the  same, 

.1         1       •    1  ^  r  *■  4.       *•  -u        „„    provided,  &c. 

as   the    legislature  may,   from  time    to   time  prescribe,    or   ^ 
that  may  l3e  fixed  under  the  provisions  of  any  general  law 
of  this  Commonwealth,  complying  with  the  rules  and  regu- 
lations which  may  be  established  by  said  Old  Colony  Rail- 


252 


1844.- 


•Chap.  150—152. 


Chap  151. 


Persons  incor- 
porated. 


To  maintain  a 
building  for 
lectures,  &c., 
in  the  third 
parish  in  Rox- 
bury. 

Real  estate  not 
to  exceed 
$8,000,  ar.d  per 
sonal  estate 
$2,000. 

When  to  take 
effect. 


Chap  152. 


Any  village  or 
district  of  1000 
inhabitants 
may  establish 
a  fire  depart- 
ment, &c. 


Provided  the 
town,  on  peti- 
tion, shall  re- 
fuse or  neglect 


road  Corporation  :  provided  however^  that  no  other  corpor- 
ation shall  enter  upon  said  Old  Colony  Rail-road  with  any 
motive  power,  unless  the  said  Old  Colony  Rail-road  Cor- 
poration 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  said 
Old  Colony  Rail-road.  {Approved  by  the  Governor^  March 
IG,  1844.J 

An  Act  to  establish  the  Village  Hall  Association  in  the  town  of  Roxbury. 

BE  it  ertacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios  : 

Sect,  1.  Francis  C.  Head,  Moses  Williams  and  Joseph 
Balch,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Village  Hall  Association, 
to  be  established  in  the  third  parish  of  the  town  of  Rox- 
bury with  all  the  powers  and  privileges,  and  subjeK  to  all 
the  duties,  restrictions  and  liabilities,  set  forth  in  t-.e  forty- 
fourth  chapter  of  the  Revised  Statutes. 

Sect.  2.  The  said  corporation  may  erect  and  maintain 
a  building  for  the  purpose  of  public  lectures  and  other 
meetings  of  the  citizens,  and  for  other  purposes  connected 
with  the  instruction  of  youth,  in  the  said  third  parish  of 
Roxbury ;  and  for  these  purposes  may  hold  real  estate  to 
the  amount  of  eight  thousand  dollars,  and  personal  estate 
to  the  amount  of  two  thousand  dollars,  to  be  devoted  ex- 
clusively as  aforesaid. 

Sect.  3.  This  act  shall  take  effect  from  and  after  its 
passage.     [App}'oved  by  the  Governor,  March  16,  1844.] 

An  Act  empowering  the  Inhabitants  of  Villages  or  Districts  to  establish 
Fire  Departments  within  the  same. 

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

Sect.  1.  The  inhabitants  of  any  village  or  district  of 
any  town  in  the  Commonwealth,  qualified  to  vote  in  town 
affairs,  at  a  meeting  thereof,  held  for  that  purpose,  after  an 
application  to  the  town,  as  hereinafter  provided,  may  es- 
tablish a  fire  department  for  such  village  or  district,  the 
officers  of  which  shall  have  charge  of  and  be  responsible 
for  all  the  engines  and  other  apparatus  for  the  extinguish- 
ment of  fire  within  the  said  village  or  district,  in  the  same 
manner  as  the  firewards  and  enginemen  of  towns  now  are  : 
provided,  that  no  district,  containing  less  than  one  thousand 
persons,  shall  have  the  benefit  of  this  act. 

Sect.  2.  Before  any  fire  district  shall  be  constituted  and 
organized  in  any  town,  under  this  act,  a  petition  shall  be 
presented  to  the  inhabitants  of  the  town  at  a  legal  town 


1844.- 


-Chap.  152. 


253 


meeting,  stating  the  limits  of  the  proposed  district,  and  re- 
questing the  said  inhabitants  to  raise  taxes  for  the  estab- 
hsliment  and  maintenance  of  a  sufficient  fire  department, 
for  the  reasonable  protection  of  the  iniiabitants  and  prop- 
erty within  said  limits,  from  fire;  and  in  case  the  inhabi- 
tants of  the  town  shall  refuse  or  neglect  to  establish  and 
maintain  such  reasonable  means  of  protection  for  the  in- 
habitants of  such  district,  the  inhabitants  of  such  district 
may  then  proceed  to  organize  a  fire  department  within  the 
same,  according  to  this  act. 

Sect.  3.  The  selectmen  of  any  town,  upon  the  apphca- 
tion  in  writing  of  not  less  than  seven  freeholders,  inhabi- 
tants of  any  district  of  such  town,  the  limits  of  which 
shall  be  defined  in  such  application,  and  shall  contain  not 
less  than  one  thousand  persons,  requiring  them  to  notify  a 
meeting  of  the  inhabitants  of  such  district,  duly  qualified 
to  vote  in  town  affairs,  for  the  purpose  of  considering  the 
expediency  of  establishing  a  fire  department,  for  and  within 
the  said  district,  shall  without  delay  give  notice  to  such  in- 
habitants, in  the  same  maimer  in  which  notice  of  town 
meetings  is  given,  to  assemble  at  some  suitable  place  within 
the  district,  for  the  purpose  aforesaid,  the  substance  of 
which  shall  be  expressed  in  the  notification;  and  at  such 
meeting  the  selectmen  shall  preside.  If  the  selectmen  re- 
fuse or  neglect  to  summon  such  meeting,  any  justice  of  the 
peace  in  the  county  in  which  such  town  is,  may  call  the 
same,  if  none  of  the  selectmen  are  present  at  the  said 
meeting,  a  moderator  may  be  chosen  to  preside  over  it,  who 
shall  have  and  exercise  the  same  powers  as  the  moderator 
of  a  town  meeting  has. 

Sect.  4.  No  person  shall  be  allowed  to  vote  at  a  meet- 
ing held  as  above  provided,  except  the  inhabitants  of  the 
district  duly  qualified  as  aforesaid.  They  shall  choose  a 
clerk,  who  shall  make  oath  to  keep  a  true  record  of  the 
proceedings  of  the  same,  and  all  other  meetings,  and  to 
perform  all  the  other  duties  of  clerk  of  such  fire  district, 
so  long  as  he  shall  hold  the  office.  The  clerk  so  chosen 
may  be  removed  by  the  inhabitants  of  the  district,  or  he 
may  resign,  and  another  may  be  chosen  in  his  place,  and 
the  same  may  be  done  in  case  of  his  decease  or  incom- 
petency. 

Sect.  5.  The  inhabitants  of  such  district,  at  a  meeting 
held  in  maimer  aloresaid,  may  vote  to  estabhsh  a  fire  de- 
partment within  the  same,  whicli  shall  c  insist  of  a  chief 
engineer,  and  as  many  assistant  engineers,  engine  men, 
hose  men,  and  hook  and  ladder  men,  as  they  may  deem 
necessary,  not  exceeding  seventy-five  for  each  hydraulion 
or  suction  engine,  thirty-five  for  each  common  engine,  five 
for  each  one  hundred  and  fifty  feet  of  leading  hose,  usually 
kept  for  use  within  the  district,  and  not  exceeding  twenty- 
33 


to  make  provis- 
ion. 


Selectmen,  or, 
if  they  refuse, 
justices,  may 
call  a  district 
meeting  to  con- 
sider the  ques- 
tion of  a  fire 
department, 
when  requested 
by  seven  free- 
holders. 


Moderator  of 
the  meeting. 


Voters  and 
course  of  pro- 
ceeding. 


District  fire  de- 
partment, how 
to  he  constitu- 
ted and  equip- 
ped. 


254 


1844.- 


-Chap.  152. 


Chief  engin- 
eer, &c.,  how 
to  he  chosen 
and  qualified. 


Fire  district 
meetings,  how 
to  be  called  and 
conducted. 


Powers,  &c.  of 
'the  board  ol 
engineers. 


five  hook  and  ladder  men  ;  each  of  said  ofiicers  and  mem- 
hers  of  the  said  fire  department  shall  be  furnished  with  a  cer- 
tificate, under  the  hands  of  the  chief  engineer  and  clerk  of 
such  district,  declaring  his  station  in  the  department 

Sect.  6.  The  chi(>f  engineer  and  assistant  engineers  of 
any  fire  district  shall  be  chosen  by  the  inhabitants  thereof, 
at  the  meeting  called  in  manner  aforesaid,  or  at  any  ad- 
journment thereof,  or  at  any  otlier  meeting  called  by  the 
clerk  for  that  purpose,  and  shall  be  under  oath  faithfully  to 
perform  the  duties  of  such  offices  respectively. 

Sect.  7.  Meetings  of  the  inhabitants  of  any  fire  district, 
after  the  first  meeting,  shall  be  called  by  the  clerk  of  such 
district,  whenever  he  is  required  in  writing  to  do  so  by  the 
chief  engineer,  or  two  assistant  engineers,  or  seven  inhabi- 
tants of  the  district;  and  he  shall  give  notice  thereof  by 
posting  written  or  printed  notifications  of  such  meeting,  in 
at  least  six  public  places  in  the  district,  not  less  than  seven 
days  prior  to  the  meeting,  which  notifications  shall  contain 
a  brief  statement  of  the  purposes  of  the  meeting.  At  all 
such  meetings  a  moderator  shall  be  chosen  to  preside,  who 
shall  have  the  same  power  to  keep  order  as  the  moderator 
of  a  town  meeting  has ;  the  clerk  shall  preside  with  like 
powers  until  a  moderator  is  chosen.  The  notification  of 
said  meetings  shall  also  be  published  in  a  newspaper,  if 
one  be  printed  in  the  town  where  such  district  is  situated. 

Sect.  8.  All  the  persons  employed  as  engine  men,  hose 
men,  or  hook  and  ladder  men,  in  any  fire  district,  consti- 
tuted pursuant  to  the  terms  of  this  act,  shall  be  appointed 
by  the  board  of  engineers  of  such  district,  who  may  assem- 
ble together  from  time  to  time  for  that  purpose,  and  to  fill 
vacancies  in  the  companies  ;  and  they  may  remove  any  of 
said  persons  at  their  discretion.  Tlie  board  of  engineers 
may  from  time  to  time  make  and  publish  rules  and  regula- 
tions for  their  own  government,  and  that  of  the  other  n)em- 
bers  of  the  fire  department  of  such  district,  and  of  other 
persons  present  at  a  fire,  and  may  repeal  or  alter  the 
same,  and  may  prescribe  penalties  for  the  violation  thereof, 
not  exceeding  twenty  dollars  for  each  offence  ;  such  penal- 
ties may  be  sued  for  and  recovered  in  the  name  of  the  chief 
engineer  of  such  district,  and  shall  go  to  the  use  of  the  in- 
habitants of  the  same  fire  district.  In  case  of  the  death, 
resignation,  or  removal  of  the  chief  engineer,  during  the 
pendency  of  any  suit  for  a  penalty,  the  suit  shall  not  abate, 
but  the  successor  of  such  olficer  shall  be  admitted  to  prose- 
cute it.  No  inhabitant  of  such  district  shall  be  disqualified 
to  act  as  judge,  magistrate,  juror  or  officer,  or  to  testify 
as  a  witness  in  any  suit  brought  for  such  penalties  ;  and 
nothing  herein  shall  prevent  the  recovery  of  such  penalties 
by  indictment,  if  the  engineers  see  fit  to  prosecute  for  the 
same. 


1844.- 


-Chap.  152. 


255 


Sect.  9.  The  engineer  of  any  fire  district  shall  have 
and  exercise  the  same  powers  and  authority  relative  to  the 
extinguishment  of  fires,  and  the  demoHshing  of  buildings 
for  that  purpose,  or  with  that  view  and  object,  within  the 
same  district,  as  firewards  of  towns  now  have ;  and  the 
inhabitants  of  each  fire  district  shall  be  liable  to  pay  such 
compensation  or  damages,  for  acts  done  by  such  engineers, 
or  by  their  ordnrs,  as  towns  are  liable  to  pay  for  acts  law- 
fully done  by  the  firewards  thereof,  or  by  their  orders. 

Sect.  10.  The  engineers  and  other  members  of  the  fire 
department  of  any  fire  district,  constituted  as  aforesaid, 
shall  be  entitled  to  the  same  imtnunities  and  privileges  as 
are  enjoyed  by  firewards  and  enginemen  of  towns. 

Sect.  11.  The  engineers  of  any  fire  district  shall  estab- 
lish rules,  and  may  repeal  and  alter  them,  from  time  to 
time,  regulating  or  prohibiting  the  carrying  of  fire  or  ignited 
substances  in  or  through  the  streets  or  ways  of  such  dis- 
trict;  and  may  prescribe  penalties  for  the  violation  of  such 
rules  and  regulations,  not  exceeding  twenty  dollars  for 
each  offence. 

Sect.  12.  The  inhabitants  of  any  fire  district,  consti- 
tuted as  aforesaid,  may  at  any  meeting  called  for  said  pur- 
pose, in  manner  aforesaid,  raise  money  for  the  purchase  of 
engines,  hydraulions,  hose,  hooks  and  ladders,  and  other 
articles  necessary  for  the  extinguishment  of  fires,  and  for 
the  purchase  of  land  and  the  erection  of  necessary  build- 
ings, and  for  repairs,  and  other  incidental  expenses  of  the 
fire  department,  and  may  determine  the  number  thereof, 
and  where  said  buildings  shall  be  placed.  They  shall 
choose  a  prudential  committee,  from  time  to  time,  who 
shall  have  the  care,  custody  and  management  of  the 
moneys  so  raised,  and  shall  expend  the  same  for  the  pur- 
poses prescribed  by  the  vote  of  the  inhabitants  of  the  fire 
district  by  whom  it  was  raised,  and  not  otherwise ;  and 
such  committee  shall  be  accountable  to  the  said  inhabi- 
tant for  all  moneys  so  entrusted  to  them,  who  shall  have 
power  to  maintain  any  suit  therefor  in  their  aggregate 
capacity  of  inhabitants  of  the  said  district. 

Sect.  13.  Tiie  clerk  of  each  fire  district  constituted 
under  this  act,  shall  certify  to  the  assessors  of  the  town  all 
sums  of  money  that  shall  be  voted  to  be  raised  by  the  in- 
habitants of  such  district,  for  the  purposes,  and  in  the 
manner  aforesaid,  which  sums  shall  be  assessed  and  col- 
lected by  the  officers  of  the  town,  in  the  same  manner 
that  the  town's  taxes  are  assessed  and  collected,  and  shall 
be  paid  over  by  the  collector  of  the  town's  taxes  to  the 
town  treasurer,  who  shall  hold  the  same,  subject  to  the 
order  of  the  prudential  committee  of  the  fire  district.  The 
assessors,  treasurer  and  collector  of  any  town  in  which  a 
fire  district  shall  be  organized  under  this  act,  shall  have 


Powers  of  fire 
district  engi- 
neer, &c. 


Immunities  of 
members  of 
district  fire 
departments. 

Power  to  make 
restrictions  in 
respect  to  com- 
bustible arti- 
cles. 


Financial 
powers  of  fire 
districts. 


Managing  com- 
mittee. 


Proceeding 
for  the  collec- 
tion, &c.  of 
taxes. 


256  1844. Chap.  152—154. 

the  same  powers,  and  perform  the  same  duties,  in  reference 
to  the  assessment  and  collection  of  the  moneys   voted  by 
the   inhabitants  of  such   fire  district,  as  aforesaid,  as  they 
have  and  exercise  in  reference  to  the  assessment  and  col- 
lection of  town   taxes,  and   may  make  abatements  in  the 
Property  sub-     same    manner:    provided,   nevertheless,   that    the    sums   so 
tion.^°^^^^'       voted  shall  be  assessed  upon  the  property  within  such  dis- 
trict, both  real  and  personal. 
Compensation        Sect.  14.     The  chief  clerk  and  engineer  of  any  fire  dis- 
oiLcers/^^"*^*^     trict,  duly  constituted,  shall  be  entitled  to  such  reasonable 
compensation   for  their  services  as  may  be  voted  by  the 
inhabitants  of  the  district,  at   a   legal  meeting  thereof;  but 
no  compensation  shall  be  paid  to  any  other  officer  or  mem- 
ber of  any  district,  for  his  services  in  that  capacity. 
Penalties  of  Sect.  15.     The  by-laws,   rules  and  regulations,  passed 

infraction  of       j^y  gj^jj    f^,.g  districts,   which    have  penalties  attached  to 

rul6s  01  nrc  ^  * 

districts,  10  be    them,  shall,  before  they  shall  be  in  force,  be  approved  by 
approved  by       xhe,  court  of  commou  pleas,  held  within  and  for  the  county 

tnc  court  oi  . 

common  pleas,   to  whicli  such  fire  districts  belong,  and  all  penalties,  which 
How  to  be         shall  be   recovered  by  virtue  of  this   act,  shall   be  appro- 
used,  priated  to  pay  the  expenses  of  the   fire   department.     [-Ap- 
proved by  the  Governor,  March  16,  1844.] 


Chci'D  153.    ^^  -^^"^  concerning  the  Journals  and  Files  of  the  Senate  and  House  of  Eep- 
"  '  resentatives. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Journals,  &c.  The  joumals,  files,  papers  and  documents  of  every  de- 

houseVtTbe  in  scription,  appertaining  to  the  senate  and  to  the  house  of 
the  custody  of  representatives  and  their  proceedings,  shall  be  in  the  cus- 
thereof'a^nd  ^^^^  ^^  ^^^^  clerks  thereof,  respectively  ;  and  copies  thereof, 
certified  copies  Certified  by  the  said  clerks,  shall,  in  all  cases,  be  evidence 
to  be  evidence,  equally  and  in  like  manner  with  the  originals.  [Approved 
by  the  Governor,  March  16,  1844.] 


Chap  154. 


An  Act  concernins;  Poor  Debtors. 


BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authoi'ity  of 
the  same,  as  follorvs  : 
Notice  of  pur-        Sect.  1.     Whenever   any   person   shall   be   arrested   on 

pose  to  tal{e the  •  •     -i         -j.    r  i    i  ^  i 

poor  debtor's  mesue  proccss,  m  any  civil  suit  for  any  debt ;  or  whenever 
oath,  when  and  any  persoii  shall  have  been  so  arrested,  and  have  given 
given, 't'"a%''s-  ^^^1'  o*"  ^^^^^  Committed  to  jail ;  or  shall  have  been  commit- 
tice  of  the  ted  to  jail  on  surrender,  in  court  or  otherwise,  by  his  bail  in 
peace.  ^j-^g  g^^jj^  ^^  may,  at  any  time  after  his  arrest   or  commit- 

ment, give  notice,  in  writing,  to  any  justice  of  the  peace  in 
the  county  where  the  arrest  was  made,  that  he  is  desirous 
to  take  the  oath  prescribed  in  the  ninety-eighth  chapter  of 
the  Revised  Statutes,  for  '^  the  relief  of  poor  debtors  com- 


1844.- 


-Chap.  154. 


257 


mitted  on  execution  for  debt ;"  which  notice,  if  given  by 
the  debtor,  or  officer  who  made  the  arrest,  or  has  him  in 
custody,  or  by  any  other  person  in  behalf  of  the  debtor, 
shall  be  sufficient.. 

Sect.  2.  It  shall  be  the  duty  of  the  justice  so  notified 
forthwith  to  appoint  a  time  and  place  for  the  examination 
of  the  debtor,  and  to  issue  a  notice  thereof  to  the  plaintiff, 
by  a  citation  under  his  hand,  which  citation  shall  be  served 
and  returned  by  any  officer  who  is  authorized  to  serve  any 
civil  process  between  the  same  parties. 

Sect.  3.  The  citation  aforesaid  may  be  served  upon  the 
plaintiff,  his  agent  or  attorney,  by  giving  him  in  hand  a 
copy  thereof,  attested  by  the  officer  serving  the  same,  or  by 
leaving  such  copy  at  his  usual  place  of  abode,  allowing  in 
all  cases  not  less  than  twenty-four  hours  after  such  service 
before  the  time  appointed  for  the  examination ;  and  also 
allowing  time  for  his  travel  from  the  place  of  service  to  the 
place  appointed  for  the  examination  after  being  so  notified, 
not  less  than  at  the  rate  of  one  day  (Lord's  day  excluded) 
for  every  twenty-four  miles'  travel  ;  and  the  service,  when 
made  on  his  agent  or  attorney,  as  aforesaid,  shall  have  the 
same  effect  as  if  made  on  the  plaintiff  himself. 

Sect.  4,  When  there  are  more  than  one  person  plaintiff 
in  the  action,  or  more  than  one  agent  or  attorney,  the  ser- 
vice of  the  citation  upon  one  of  the  plaintiffs,  agents  or 
attornies,  shall  be  sufficient. 

Sect.  5.  When  the  plaintiff  is  dead,  or  not  a  resident  of 
this  State,  the  citation  shall  be  served  upon  his  agent  or 
attorney,  if  living  within  this  State,  but  if  no  such  agent  or 
attorney  can  be  found  within  this  State  by  the  officer  serv- 
ing the  same,  an  attested  copy  of  the  citation  shall  be  left 
by  the  officer  with  the  clerk  of  the  court,  or  justice  of  the 
peace,  before  whom  the  writ  is,  or  was  returnable,  or  action  is 
or  was  pending, — allowing  time,  after  leaving  the  copy  with 
the  clerk  or  justice,  the  same  as  is  prescribed  in  the  third 
section  of  this  act,  computing  time  for  travel  from  the  place 
of  leaving  the  copy  to  that  appointed  for  the  examination  ; 
the  person  who  made  the  writ  in  the  suit  on  which  the  ar- 
rest was  made,  shall  be  considered  the  attorney  of  the 
plaintiff  as  to  the  service  of  the  citation  in  that  case. 

Sect.  6.  The  examination  may  be  had  before  any  two 
justices  of  the  peace  for  the  county,  each  of  whom  shall  be 
of  the  quorum,  and  disinterested,  and  not  related  either  to 
the  plaintiff  or  debtor;  and  shall  be  conducted  in  the  same 
manner,  and  with  the  same  powers  in  tiie  justices,  as  is 
provided  in  the  ninety-eighth  chapter  of  the  Revised  Stat- 
utes. 

Sect.  7.  If,  upon  examination,  the  debtor  shall  be  ad- 
mitted to  take  the  oath,  his  bail,  if  he  then  be  under  bail, 
shall  be  discharged  ;  and  the  debtor  shall  not  be  arrested 


Citation  to  be 
issued  by  jus- 
tice. 


How  to  be 
served. 


Service  on  one 
plaintiff,  &c. 
sufficient, 


Citation  how- 
to  be  served, 
when  plaintiff 
is  dead  or 
absent. 


Examination  of 
debtor,  how  to 
be  conducted. 


Bail  to  be  dis- 
charged, &c.  if 
the  debtor  is 
admitted  to 
take  the  oath. 


258 


1844.- 


-Chap.  154. 


But  the  action 
may  still  be 
prosecuted. 


Certificates  of 
administration 
of  the  poor 
debtor's  oath 
to  be  given  by 
the  justices,  and 
filed   with  jus- 
tice, clerk  or 
jailor. 


The  above  pro- 
visions not  to 
have  effect 
when  a  writ  of 
scire  facias  has 
been  served. 


Cases  in  which 
proceedings 
shall  be  as 
heretofore. 


But  the  notice 
and  citation 
must  be  served 
agreeably  to 
this  act. 


again  for  the  same  cause  of  action  ;  but  if  judgment  shall 
not  have  been  then  rendered  in  the  action  in  which  the 
debtor  was  arrested,  the  action  may  be  prosecuted  to  final 
judgment  in  the  same  manner  as  if  the  debtor  had  not  been 
admitted  to  take  the  oath. 

Sect.  8.  If  the  debtor,  upon  such  examination,  shall  be 
admitted  to  take  the  oath,  it  shall  be  the  duty  of  the  justi- 
ces who  administered  the  oath,  upon  the  request  of  the  debtor 
and  at  his  expense,  in  addition  to  the  certificate  required  to 
be  made  by  them  by  the  tenth  section  of  the  ninety-eighth 
chapter  of  the  Revised  Statutes,  to  give  him  a  certificate 
briefly  stating  the  fact  that  they  have  administered  to  him 
the  poor  debtor's  oath,  which  certificate  being  filed  with  the 
clerk  of  the  court,  or  justice  of  the  peace,  before  whom  the 
writ  on  which  he  was  arrested,  and  so  admitted  to  take  the 
oath,  is  returnable,  or  the  suit  is  pending,  no  execution 
which  may  be  issued  on  the  judgment  rendered  in  that  ac- 
tion shall  run  against  the  body  of  the  debtor.  The  certifi- 
cate required  by  the  tenth  section  of  said  chapter  of  the 
Revised  Statutes,  to  be  made  out  by  the  justices  adminis- 
tering the  oath,  shall  be  filed  with  the  jailor,  when  the 
debtor  is  in  close  confinement,  or  has  given  bond  for  the 
prison  limits,  whether  he  be  so  on  mesne  process,  or  on  sur- 
render by  his  bail ;  and  in  all  other  cases  the  certificate  of 
the  oaths  and  papers  shall,  within  six  months  from  the  time 
the  oath  was  administered,  be  delivered  by  the  justices  to 
the  clerk  of  the  court  of  common  pleas  of  the  county  where 
the  oath  was  administered,  to  be  by  him  filed  and  pre- 
served. 

Sect.  9.  No  debtor  shall  be  entitled  to  the  benefit  of  the 
provisions  contained  in  the  preceding  sections  of  this  act, 
after  a  writ  of  scire  facias  on  the  bail  bond  given  by  him  in 
the  original  action  has  been  served  upon  his  bail  therein ; 
and  whenever  evidence  of  such  service  of  scire  facias  shall 
be  produced  to  the  justices  before  whom  the  examination  of 
the  debtor  is  to  be  had,  all  further  proceedings  in  the  exam- 
ination shall  be  dismissed. 

Sect.  10.  Whenever  any  person  shall  be  committed  to 
jail  on  execution  in  any  civil  action,  or  for  any  debt,  or  on 
any  warrant  for  nonpayment  of  taxes,  whether  he  be  in 
close  confinement,  or  has  given  bond  for  the  prison  limits, 
and  is  desirous  to  take  the  oath  prescribed  in  the  ninety- 
eighth  chapter  of  the  Revised  Statutes,  "  for  the  relief  of 
poor  debtors  committed  on  execution  for  debt,"  the  proceed- 
ings shall  be  conformable  to  the  provisions  of  law  contained 
in  said  ninety-eighth  chapter  of  the  Revised  Statutes  :  'pro- 
vided^ nevertheless,  that  the  notice  to  be  given  to  the  cred- 
itor, or  assessors  and  collector,  shall  in  all  cases  be  given  in 
the  same  manner,  and  the  same  time  be  allowed  for  travel, 
as  is  provided  in  this  act,  for  the  relief  of  persons  arrested 


1844.- 


■Chap.  154—155. 


259 


Provisions 
aeainst  fraud. 


on  mesne  process  :  and  provided,  further,  that  if  the  cred- 
itor be  dead,  or  if  he  live  out  of  the  State,  having  no  agent 
or  attorney  therein,  a  copy  of  the  citation  shall  be  left  with 
the  clerk  of  the  court,  or  justice  of  the  peace,  by  whom  the 
execution  was  issued. 

Sect.  11.  When  any  debtor  shall  have  given  notice  of 
his  intention  to  take  the  poor  debtor's  oath,  in  manner  in 
this  act  provided,  and  the  plaintiff  or  creditor  shall  think 
proper  to  allege  any  or  all  of  the  charges  of  fraud  mention- 
ed in  the  ninety-eighth  chapter  of  the  Revised  Statutes,  he 
shall  be  allowed  so  to  do  by  complying  with  the  provisions 
of  the  said  ninety-eighth  chapter  of  the  Revised  Statutes, 
in  all  respects,  except  that  he,  his  agent  or  attorney,  shall 
be  allowed  to  exhibit  his  charges  of  fraud,  and  to  give  no- 
tice to  the  debtor,  by  giving  him  a  copy  thereof  at  the  time 
and  place  appointed  for  the  examination,  and  when  so  ex- 
hibited, and  notice  given,  the  proceeding  thereon  shall  con- 
form to  the  provisions  relating  thereto,  contained  in  said 
ninety-eighth  chapter  of  the  Revised  Statutes. 

Sect.  12.  Nothing  in  this  act  contained  shall  discharge, 
or  in  any  way  affect,  any  suit  now  pending,  commenced  by 
any  creditor  against  any  debtor  or  his  sureties  on  any  bond 
for  the  prison  limits. 

Sect.  13.  The  act  entitled  "  an  act  concerning  imprison- 
ment for  debt,"  approved  by  the  Governor  the  third  day  of 
March,  in  the  year  eighteen  hundred  and  forty-two,  and  all 
other  provisions  of  law  inconsistent  with  the  provisions  of 
this  act,  are  hereby  repealed. 

Sect.  14.  This  act  shall  take  effect  from  and  after  its 
passage.     [A])proved  by  the  Governor,  March  16,  1844.] 

An  Act  to  incorporate  the  Mutual  Relief  Society  of  St.  Mary's,  in  Charles-    QhcLD  155. 

town.  " 

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

Sect.  1.  Bernard  McNeills,  James  Wallace,  John  T. 
Cunningham  and  William  McElroy,  their  associates  and 
successors,  are  hereby  made  a  corporation,  by  the  name  of  charitable  re- 
the  Mutual  Relief  Society  of  St.  Mary's,  in  Charlestown, 
for  the  purpose  of  affording  mutual  charitable  relief,  with 
all  the  powers  and  privileges,  and  subject  to  all  the  liabili- 
ties, restrictions  and  requirements,  set  forth  in  the  forty- 
fourth  chapter  of  the  Revised  Statutes. 

Sect.  2.     The  said  corporation  may  take  and  hold  real   Estate  not  to 
and   personal   estate  to  an  amount  not  exceeding  twenty  ^^'^^^  $20,000. 
thousand  dollars,  for  the  purpose  aforesaid.     ^Approved  by 
the  Governor,  March  16,  1S44.J 


This  act  not  to 
affect  suits  on 
bonds  now 
pending,  &c. 


Repeal  of  in- 
consistent laws. 


When  to  take 
effect. 


Persons  incor- 
porated to 
aflord  mutual 


260 


1844.- 


-Chap.  156—157. 


Chap  156. 


Penalty  for 
taking,  &c.  or 
selling,  &c.,  or 
having  in  pos- 
session grouse, 
&c. 


Further  penal- 
ty 10  be  paid  to 
the  owner  of 
land  trespassed 
upon. 


Search  warrant 
for  grouse  tak- 
en, &c. 


Towns  may 
suspend  the 
operation  of 
this  act  within 
their  limits. 


Repeal  of  for- 
mer laws. 


When   to   take 
effect. 


An  Act  for  the  preservation  of  Grouse  or  Heath  Hen. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Conrt  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  if  any  person  shall,  within  this  Commonwealth, 
take,  kill,  or  destroy  any  of  the  birds  called  grouse  or  heath 
hens,  or  shall  sell  or  buy,  or  have  in  his  possession,  any  of 
the  said  birds,  killed  or  taken  as  aforesaid,  he  shall  forfeit 
for  every  such  grouse  or  heath  hen,  the  sum  of  twenty  dol- 
lars, to  be  recovered  by  indictment,  or  by  complaint  before 
any  justice  of  the  peace  in  the  county  where  the  otfence 
was  committed,  oue-half  to  the  use  of  said  county,  and  the 
other  half  to  the  use  of  the  complainant. 

Sect.  2.  If  any  person  shall  kill  auy  grouse  or  heath  hen 
as  aforesaid,  npon  lands  not  owned  or  occupied  by  himself, 
and  without  license  from  the  owner  or  occupant  thereof, 
he  shall,  for  each  bird,  so  killed,  forfeit  and  pay  lo  the  oc- 
cupant or  owner  of  such  lands,  the  sum  of  ten  dollars,  in 
addition  to  the  actual  damage  sustained,  to  be  recovered  by 
such  owner  or  occupant  in  an  action  of  trespass. 

Sect.  3.  When  any  person  is  suspected  of  having  in  his 
possession  any  grouse  or  heath  hen,  taken  or  killed  con- 
trary to  the  provisions  of  this  act,  any  justice  of  the  peace, 
on  complaint  on  oath  before  him,  may  issue  his  warrant, 
directed  to  the  proper  officer,  to  search  for  the  same,  and 
the  same  proceedings  may  be  had,  as  are  provided  in  the 
one  hundred  and  forty-second  chapter  of  the  Revised  Sta- 
tutes, relating  to  searches  and  seizures  ;  and  the  fact  that 
such  grouse  or  heath  hen  has  been  found  in  the  possession 
of  the  defendant,  may  be  given  in  evidence  on  the  trial  of 
the  case. 

Sect.  4.  When  the  inhabitants  of  any  town  shall,  at 
their  annual  meeting  in  any  year,  vote  to  suspend  the  ope- 
ration of  this  act  during  the  whole  or  any  part  of  said  year, 
the  provisions  of  the  preceding  sections  shall  not,  during 
the  time  of  such  suspension,  extend  to  said  town. 

Sect.  5.  The  one  hundred  and  seventeenth  chapter  of 
the  acts  passed  in  the  year  one  thousand  eight  hundred  and 
thirty-seven,  and  the  seventh  chapter  of  the  acts  passed  in 
the  year  one  thousand  eight  hundred  and  forty-one,  are 
hereby  repealed. 

Sect.  G,  This  act  shall  take  effect  from  and  after  its 
passage.      [Approved  by  the  Governor,  March  16,  1844.] 


Chap  157.      -^"^  ^'^''^  ^"  addition  to  "  An  Act  in  relation  to  Law  Library  Associations." 
Bli!  it  enacted,  by  the  Senate  and  House  of  Representa- 
tives, in   General  Conrt  assembled,  and  by  the  authority  of 
the  same,  as  follou's  : 

Counsellors,  Sect.  1.    The. counsellors  and  attorneys  at  law,  duly  ad- 


1844. Chap.  157—159.  261 

mitted  to  practice  in  the  courts  of  this  Commonwealth,  re-  &c.inayorgan- 

•  1       i  •         •  1  r  ^7  i-  II  •   ,     1   >  ize  County 

sident  HI  either  of  the  counties,  who  have  omitted  to  organ-  Law  Library 
ize  a  Law  Library  Association  in  their  respective  counties,  Associatioas. 
within  the  time,  and  pursuant  to  the  provisions,  of  the  act  to 
which  this  is  in  addition,  are  hereby  authorized  to  organize 
themselves  in  their  counties  respectively,  into  an  associa- 
tion by  the  name  of  the  Law  Library  Association,  for  such 
county,  under  tlie  like  provisions,  and  with  the  same  rights, 
powers  and  duties,  as  if  the  said  association  had  been  or- 
ganized within  the  time  prescribed  by  the  act  to  which  this 
is  in  addition,  passed  the  third  day  of  INIarch,  in  the  year 
one  thousand  eight  hundred  and  forty-two:  and  said  asso- 
ciation, when  so  organized,  shall  be  deemed  and  taken  to 
be  a  corporation,  and  entitled  to  all  the  privileges  and  sub- 
ject to  all  the  provisions  applicable  to  Law  Library  Asso- 
ciations, created  under  and  pursuant  to  the  act  aforesaid: 
provided,  hoivever,  this  act  shall   have  no  effect  upon  any  Withm  ninety 

■I  >  '  I  J     ci3,vs  iroin  inc 

association  which  shall  not  become  organized  within  ninety  passing  of  this 

days  from  the  passing  hereof  ^^*- 

Sect.  2.     This  act  shall   take  effect  from  and  after  its  when  to  take 

passage.     [Approved  by  the  Governor,  March.  16,  1841.]  ^^^'^'^• 

An  Act  to  authorize  the  James  Steam  Mills  to  increase  their  Capital  Stock.    ChctV  158. 

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

The  James  Steam  Mills,  incorporated  in  the  year  one  Capital  maybe 
thousand  eight  hundred  and  forty-two,  are  hereby  author-  J-earesiate  not 
ized  to  increase  their  capital  stock,  by  the  addition  thereto  exceeding 
of  real  estate,  to  the  amount  of  twenty-five  thousand  dol-     25'°°°- 
lars.     [Appi^oved  by  the  Governor,  March  16,  1844] 

An  Act  relating  to  the  Registry  and  Returns  of  Births,  Marriages,  and  ChctJ)  1 59 

Deaths.  ' 

BE  it  enacted  by  the  Senate  and  Hovse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.     The  clerks  of  the  several  cities  and  towns  in  Clerks  shall 
this  Commonwealth  shall,  annually,  in  the  month  of  June,   j'^ne'J^'\jf^®'^ 
transmit  to  the  secretary  of  the  Commonwealth  a  certified  secretary, certi- 
copv  of  their  record  of  births,  marriages  and  deaths,  which   fied  copies  of 

,     1  ■'  II-  1      ■  ■  ■    •  1  record  of 

have    occurred    withui    their    respective  cities   and    towns  iiiniis,  mar- 
during  the  year  next  preceding  the  first  day  of  said  month,    rias^es,  and 

The  births  shall  be  numbered  and  recorded  in  the  order 
in  which   they  are  received   by  the  clerk.     The  record  of  i,e'^record*ed/° 
births  shall  state  in  separate  colunms  the  date  of  the  birth,   a"d  whatpar- 
the  place  of  birth,  the  name  of  the  child,  (if  it  have  any.)   ^'*^"^"' 
the  sex  of  the  child,  name  and  surname  of  one  or  both  of 
34 


262 


1844.- 


-Chap.  159. 


Marriages,  hovr 
to  be  recorded, 
and  what  par- 
ticulars. 


Deaths,  how  to 
be  recorded, 
and  what  par- 
ticulars. 


Report  of 
births  to  be 
made  every 
May  by  school 
committees  to 
clerks. 


Reports  of  mar- 
riages to  be 
made  in  the 
first  ten  days 
of  every  month 
to  clerks  by 
justices,  minis- 
ters, &c. 


Penalty  of  neg- 
lecti 


Reports  of 
deaths  to  be 
made  in  the 
first  ten  days  of 
every  month  to 
clerks  by  sex- 
tons, &c. 


the  parents,  occupation  of  the  father,  residence  of  the  pa- 
rents, and  the  time  when  the  record  was  made. 

The  marriages  shall  be  numbered  and  recorded  in  the 
order  in  which  they  are  received  by  the  clerk.  The  record 
of  marriages  shall  state  in  separate  columns,  the  date  of 
the  marriage,  the  place  of  the  marriage,  the  name,  resi- 
dence and  official  station  of  the  person  by  whom  married, 
the  names  and  surnames  of  the  parties,  the  residence  of 
each,  the  age  of  each,  the  condition  of  each,  (whether  sin- 
gle or  widowed,)  the  occupation,  names  of  the  parents,  and 
the  time  when  the  record  was  made. 

The  deaths  shall  be  numbered  and  recorded  in  the  order 
in  which  they  are  received  by  the  clerk.  The  record  of 
deaths  shall  state  in  separate  columns  the  date  of  the 
death,  the  name  and  surname  of  the  deceased,  the  sex, 
condition,  (whether  single  or  married,)  age,  occupation, 
place  of  death,  place  of  birth,  names  of  the  parents,  dis- 
ease or  causes  of  death,  and  the  lime  when  the  record  was 
made. 

Sect.  2.  The  school  committee  of  each  city  or  town 
shall,  annually  in  the  month  of  May,  ascertain  from  actual 
inquiry  or  otherwise,  all  the  births  which  have  happened 
within  such  city  or  town,  during  the  year  next  preceding 
the  first  day  of  said  May,  together  with  the  facts  concern- 
ing births  required  by  the  first  section  of  this  act,  and  shall 
make  an  accurate  return  thereof  to  the  clerk  of  such  city 
or  town,  on  or  before  the  last  day  of  said  May;  and  the 
said  school  committee,  or  other  person  authorized  by  them 
to  make  such  returns,  shall  be  entitled  to  receive  from  the 
treasury  of  such  city  or  town,  five  cents  for  each  and  every 
birth  so  returned. 

Sect.  3.  Every  justice,  minister  and  clerk,  or  keeper  of 
the  records  of  the  meeting  wherein  any  marriages  among 
the  Friends  or  Quakers  shall  be  solemnized,  shall  make  a 
record  of  each  marriage  solemnized  before  him,  together 
with  all  the  facts  relating  to  marriages  required  by  the  first 
section  of  this  act ;  and  each  such  justice,  minister,  clerk 
or  keeper  shall,  between  the  first  and  tenth  days  of  each 
month,  return  a  copy  of  the  record  for  the  month  next  pre- 
ceding, to  the  clerk  of  the  city  or  town  in  which  the  mar- 
riage was  solemnized ;  and  every  person  as  aforesaid,  who 
shall  neglect  to  make  the  returns  required  by  this  section, 
shall  be  liable  to  the  penalty  provided  in  the  eighteenth  sec- 
tion of  the  seventy-fifth  chapter  of  the  Revised  Statutes. 

Sect.  4.  Each  sexton  or  other  person,  having  the 
charge  of  any  burial  ground  in  this  Commonwealth,  shall, 
on  or  before  the  tenth  day  of  each  month,  make  returns  of 
all  the  facts  required  by  the  first  section  of  this  act,  con- 
nected with  the  death  of  any  person  whose  burial  he  may 
have  superintended  during  the  month  next  preceding,  to 


1844.- 


■Chap.  159—160. 


263 


the  clerk  of  the  city  or  town  in  which  snch  deceased  per- 
son resided  at  the  time  of  his  death.  And  such  sexton,  or 
other  person,  shall  be  entitled  to  receive  from  the  treasury 
of  the  city  or  town  to  which  the  return  is  made,  five  cents 
for  the  return  of  each  death  made  agreeably  to  the  pro- 
visions of  this  act. 

Sect,  5.  The  clerk  of  each  city  or  town  shall  be  en- 
titled to  receive  from  the  treasury  of  such  city  or  town, 
eight  cents  for  the  record  of  each  birth  and  death  :  provided 
such  clerk  shall  comply  with  this  act  in  all  respects. 

Sect.  6.  It  shall  be  the  duty  of  the  clerks  of  the  several 
cities  and  towns,  to  make  such  distribution  of  blank  forms 
of  returns  as  shall  be  designated  by  the  secretary  of  the 
Commonwealth. 

Sect.  7.  The  secretary  of  the  Commonwealth  shall 
prepare  and  furnish  to  the  clerks  of  the  several  cities  and 
towns  in  this  Commonwealth,  blank  books  of  suitable 
quality  and  size,  to  be  used  as  books  of  record,  according 
to  the  provisions  of  this  act,  and  also  blank  forms  of  returns, 
as  herein  before  specified,  and  shall  accompany  the  same 
with  such  instructions  and  explanations  as  may  be  neces- 
sary and  useful ;  and  ho  shall  receive  said  returns,  and 
prepare  therefrom  such  tabular  results,  as  will  render  them 
of  practical  utility,  and  shall  make  report  thereof  annually 
to  the  legislature,  and  generally  shall  do  whatever  may  be 
required  to  carry  into  effect  the  provisions  of  this  act. 

Sect.  8.  Any  clerk  who  shall  neglect  to  comply  with 
the  requirements  of  this  act,  shall  be  liable  to  a  penalty  of 
ten  dollars,  to  be  recovered  for  the  use  of  any  city  or  town 
where  such  neglect  shall  be  proved  to  have  existed. 

Sect,  9.  An  act  entitled  "an  act  relating  to  the  regis- 
try of  births,  marriages,  and  deaths,"  passed  on  the  third 
day  of  March,  in  the  year  one  thousand  eight  hundred  and 
forty-two,  is  hereby  repealed. 

Sect.  10.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  16,  1844.] 

An  Act  making  further  provision  for  the  Observance  of  the  Lord's  Day. 

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

Sect.  1.  The  provisions  of  the  third  section  of  the  fif- 
tieth chapter  of  the  Revised  Statutes  are  hereby  extended 
to,  and  shall  include  victuallers,  and  all  other  persons 
keeping  houses,  shops,  cellars,  or  any  other  place  of  public 
entertainment  or  refreshment. 

Sect.  2.  For  the  purposes  of  the  said  third  section,  and 
of  this  act,  the  Lord's  day  shall  be  understood  to  include 
the  time  between  the  midnight  preceding,  and  the  midnight 
succeeding  said  day.  [Approved  by  the  Governor^  March 
16,  1844.J 


Compensation 
therefor. 


Compensation 
to  the  clerks  for 
recording 
births  and 
deaths,  &c. 

Clerks  shall 
distribute 
blank  returns. 


Registers  to  be 
furnished  to 
the  clerks  by 
the  secretary, 
who  shall  re- 
ceive returns, 
and  make  a  re- 
port to  the 
legislature. 


Penalty  for 
neglect  on  the 
part  of  clerks. 


Repeal  of  for- 
mer act. 


When  to  take 
effect. 


Chap  160. 


Victuallers, 
&c,  to  be  liable 
like  inn-hold- 
ers, &c.,  in  re- 
spect to  enter- 
tainment on 
the  Lord's  day. 

Lord's  day  to 
be  reckoned  to 
and  from  mid- 
night. 


264 


1844- 


-Chap.  161—164. 


Chapl6\. 


Chap  162. 


Cases  entered 
in  the  court  of 
common  pleas, 
may  by  consent 
of  parties,  be 
carried  to  the 
supreme  court, 
when  involving 
certain  amount, 
provided,  &c. 

Action  how  to 
be  commenced 
and  prosecuted 
in  the  supreme 
court. 


An  Act  to  repeal  an  Act  requiring  Returns  from  Clerks  of  the  Courts. 

BJE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  foUoiDS  : 

The  thirty-ninth  chapter  of  the  acts  of  the  year  eighteen 
hundred  and  forty-three,  entitled  "  an  act  requiring  returns 
from  the  clerks  of  the  courts,"  is  hereby  repealed.  {Ap- 
proved by  the  Governor,  March  16,  1844.] 

An  Act  in  further  addition  to  "  an  Act  concerning  the   Supreme  Judicial 
Court  and  the  Court  of  Common  Pleas." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  folloios  : 

Sect.  1.  In  all  actions  which  shall  hereafter  be  entered 
in  the  court  of  common  pleas,  in  the  county  of  Suffolk, 
where  the  ad  damnum  in  the  writ  is  over  six  hundred  dol- 
lars, and  in  all  the  other  counties  in  the  Commonwealth 
where  the  ad  damnum  in  the  writ  is  over  three  hundred 
dollars,  after  the  first  term,  the  case  may  be  carried  to  the 
supreme  judicial  court,  by  the  consent  of  both  parties, 
provided,  it  be  done  before  the  trial  commences  in  the  court 
of  common  pleas;  the  plaintiff  shall  enter  the  action  at  the 
next  term  of  the  supreme  judicial  court,  and  the  case 
shall  proceed  in  the  same  manner  as  if  the  action  had  been 
originally  brought  in  that  court.  \Approvcd  by  the  Gov-^ 
ernor,  March  16,  1844.] 


ChaplQS, 


Repeal  of  for- 
mer laws. 


When  to  take 
effect. 


An  Act  in  addition  to  "  An  Act  to  regulate  Banks  and  Banking." 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assemhled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  third,  fourth,  sixth,  and  seventh  sections 
of  an  act,  entitled  "  an  act  to  regulate  banks  and  bank- 
ing," approved  on  the  twenty-fourth  of  March,  in  the  year 
one  thousand  eight  hundred  and  forty-three,  are  hereby 
repealed. 

Sect.  2.  This  act  shall  take  effect  from  and  after  its 
passage.     \Approved  by  the  Governor,  March  16,  1844.] 


Chap  164. 


Persons  incor- 
porated. 


An  Act  to  incorporate  the  Woburn  Branch  Rail -road  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, ill  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs : 

Sect.  1.  Abijah  Thompson,  John  Wade,  Stephen  Dow, 
their  associates  and  successors,  are  hereby  made  a  cor- 
poration by  the  name  of  the  Woburn  Branch  Rail-road 
Company,  with  all  the  powers  and  privileges,  and  subject 
to  all  the  duties,  restrictions  and  liabilities,  set  forth  in  the 


1844.. 


-Chap.  164—165. 


265 


forty-fourth  chapter  of  the  Revised  Statutes,  and  the  thirty- 
ninth  chapter  of  said  statutes,  and  the  statutes  subse- 
quently passed,  relating  to  rail-road  corporations. 

Sect.  2.  The  said  company  may  construct  a  rail-road 
within  the  town  of  Woburn  in  the  county  of  Middlesex, 
commencing  at  a  point  on  the  Boston  and  Lowell  Rail- 
road, near  the  Woburn  Gates,  so  called ;  and  thence  run- 
ning in  a  northwesterly  direction  eastwardly  of  Charles 
Russell's  house,  to  some  suitable  point  for  a  depot  at  or  near 
the  common  in  Centre  Village  in  Woburn. 

Sect.  3.  The  capital  stock  of  said  company  shall  not 
exceed  thirty-thousand  dollars,  to  be  divided  into  shares  of 
one  hundred  dollars  each;  and  said  company  may  invest 
and  hold  such  part  thereof  in  real  estate,  as  may  be  neces- 
sary and  convenient  for  the  purpose  of  their  incorporation. 

Sect.  4.  If  the  said  company  be  not  organized  and  the 
location  of  their  said  road  filed  with  the  county  commis- 
sioners of  the  said  county  of  Middlesex,  within  one  year 
from  the  passing  of  this  act ;  and  if  their  said  road  shall 
not  be  constructed  within  two  years  from  said  time,  this 
act  shall  be  void. 

Sect.  5.  The  said  Woburn  Branch  Rail-road  Company 
are  hereby  authorized  and  empowered  to  transfer  their 
rights,  privileges  and  franchise  under  this  charter,  to  the 
Boston  and  Lowell  Rail-road  Corporation,  and  said  Boston 
and  Lowell  Rail-road  Corporation  are  hereby  authorized  to 
receive  and  hold  the  same,  whenever  a  majority  in  interest 
of  the  stockholders  of  the  two  corporations  respectively,  shall 
elect  so  to  do,  and  for  this  the  Boston  and  Lowell  Rail-road 
Corporation  may  increase  their  capital  stock,  by  new  shares 
to  the  amount  of  thirty  thousand  dollars. 

Sect.  6.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor^  March  16,  1844.] 


Location  of 
road. 


Capital  stock 
not  to  exceed 
$30,000,  in 
shares  of  $100. 


Time  for  locat- 
ing and  com- 
pleting the 
road. 


Rights,  &c. 
may  be  trans- 
ferred to  the 
Boston  and 
Lowell  Com- 
pany, &c.  pro- 
vided, &c. 


When  to  take 
effect. 


An  Act  to  Apportion  and  Assess  a  Tax  of  Seventy -Five  Thousand  Dollars.    QhCLX)  165. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  same^  as  follows : 

Sect.  1.  Each  city,  town,  district  or  other  place,  herein- 
after named,  within  this  Commonwealth,  shall  be  assessed, 
and  pay  the  several  sums  with  which  they  stand  respect- 
ively charged  in  the  following  Schedule  : 


COUNTY  OF  SUFFOLK. 

Boston,  Twenty-five  thousand  four  hundred  eighty- 

eight  dollars  and  seventy-five  cents, 

Chelsea^  One  hundred  eighty  dollars  and  seventy- 

five  cents, 


Suffolk. 


266 

Essex. 


1844.- 


-Chap.  165 


COUNTY  OF  ESSEX. 

Amesbury,  One  hundred  sixty-one  dollars  and  twenty- 

five  cents, 
Andover,  Three  hundred  eighty-four  dollars  and  sev- 

enty-five cents, 
Beverly,  Three  hundred  forty-two  dollars  and  sev- 

enty-five cents, 
Boxford,  Ninety-eight  dollars  and  twenty-five  cents, 

Bradford.  One  hundred  fourteen  dollars, 

Danvers,  Four  hundred  eighty-four  dollars  and  fifty 

cents, 
Essex,  One  hundred  seventeen  dollars, 

Georgetown,       Ninety-four  dollars  and  fifty  cents, 
Gloucester,  Two  hundred  forty-nine  dollars  and  seven- 

ty-five cents, 
Hamilton,  Sixty-one  dollars  and  fifty  cents, 

Haverhill,  Three  hundred  twenty-two  dollars  and  fifty 

cents, 
Ipswicii,  Two  hundred  five  dollars  and  fifty  cents, 

Lynn,  Three    hundred    eighty-three   dollars   and 

twenty-five  cents, 
Lynnfield,  Forty-two  dollars  and  seventy-five  cents. 

Manchester,        Ninety  dollars, 
Marblehead,       Four   hundred    twenty-seven   dollars   and 

fifty  cents, 
Methuen,  One  hundred  fifty-ihree  dollars, 

Middleton,  Fifty-four  dollars  and  seventy-five  cents, 

Newbury,  Two  hundred  forty-three  dollars  and  sev- 

enty-five cents, 
Newburyport,     Seven  hundred  eighty-six  dollars  and  sev- 
enty-five cents, 
Rockport,  One  hundred  two  dollars  and  seventy-five 

cents, 
Rowley,  Sixty-seven  dollars  and  fifty  cents, 

Salem,  Two    thousand    four    hundred  forty-three 

dollars  and  fifty  cents, 
Salisbury,  One  hundred   ninety-one  dollars  and  twen- 

ty-five cents, 
Saugus,  Fifty-nine  dollars  and  twenty-five  cents, 

Topsfield,  Ninety-eight  dollars  and  twenty-five  cents, 

Wenham,  Fifty-two  dollars  and  fifty  cents. 

West  Newbury,  One  hundred  twenty-four  dollars  and  fifty 
cents. 


Middlesex.  COUNTY  OF  MIDDLESEX. 

Acton,  Seventy  dollars  and  fifty  cents, 

Ashby,  Eighty-six  dollars  and  twenty-five  cents, 

Bedford,  Sixty-two  dollars  and  twenty-five  cents, 


1844.- 


-Chap    165. 


267 


Boxborough, 

Billerica, 
Brighton, 

Burlington, 
Cambridge, 

Carlisle, 
Charlestown  & 

Sonrierville, 
Chelmsford, 
Concord, 

Draciit, 

Dunstable, 

Framingham, 

Groton, 

Holliston, 
Hopkinton, 

Lexington, 

Lincoln, 

Littleton, 

Lowell, 

Maiden, 

Marlborough, 

Medford, 

Natick, 
Newton, 
Pepperell, 
Reading, 

Sherburne, 

Shirley, 

South  Reading, 

Stoneham, 

Stow, 

Sudbury, 

Town  send, 

Tewksbury, 

Tyngsborough, 

Waltham, 


Thirty-seven  dollars  and  fifty  cents. 

One  hundred  eight  dollars, 

One  hundred  twenty  dollars  and  seventy- 
five  cents, 

Thirty-six  dollars. 

One  thousand  one  hundred  two  dollars  and 
fifty  cents, 

Fifty-one  dollars  and  seventy-five  cents. 

One  thousand  twenty-two  dollars  and  twen- 
ty-five cents. 

One  hundred  seventeen  dollars. 

One  hundred  fifty-seven  dollars  and  fifty 
cents. 

One  hundred  thirty-eight  dollars. 

Forty-nine  dollars  and  fifty  cents, 

Two  hundred  twenty-one  dollars  and 
twenty-five  cents, 

One  hundred  eighty-five  dollars  and  twen- 
ty-five cents, 

One  hundred  twelve  dollars  and  fifty  cents. 

One  hundred  thirty-five  dollars  and  sev- 
enty-five cents, 

One  hundred  forty-seven  dollars  and  sev- 
enty-five cents, 

Sixty  dollars. 

Sixty  dollars. 

Two  thousand  four  hundred  seventy-eight 
dollars, 

One  hundred  fifty-nine  dollars  and  seven- 
ty-five cents. 

One  hundred  seventy-two  dollars  and  fifty 
cents, 

Two  hundred  seventy-five  dollars  and 
twenty-five  cents. 

Seventy-eight  dollars  and  seventy-five  cents, 

Two  hundred  thirty-four  dollars, 

Ninety-eight  dollars  and  twenty-five  cents, 

One  hundred  thirty-one  dollars  and  twen- 
ty-five cents. 

Eighty-four  dollars. 

Sixty-three  dollars, 

Eighty-dollars  and  twenty-five  cents, 

Sixty-two  dollars  and  twenty-five  cents, 

Eighty-seven  dollars  and  seventy-five  cents, 

One  hundred  seven  dollars  and  twenty-five 
cents. 

Ninety-nine  dollars. 

Eighty-seven  dollars. 

Sixty-eight  dollars  and  twenty-five  cents, 

Two  hundred  sixty-seven  dollars. 


268 


1844.- 


■Chap.  165. 


Watertown,        Two  hundred  forty-one  dollars  and  fifty- 
cents. 
Wayland,  Sixty-two  dollars  and  twenty-five  cents, 

W.  Cambridge,  One  hundred  twenty-three  dollars, 
Westford,  Ninety-three  dollars  and  seventy-five  cents, 

Wihnington,        Fifty-three  dollars  and  twenty-five  cents, 
Woburn,  One  hundred  ninety-one  dollars  and  twen- 

ty-five cents, 
Weston,  Ninety-nine  dollars. 

Worcester.  COUNTY   OF    WORCESTER. 

Ashburnham      One  hundred  eleven  dollars, 

Athol,  Ninety-four  dollars  and  fifty  cents, 

Auburn,  Forty-eight  dollars, 

Barre,  Two  hundred  forty-eight  dollars  and  twen- 

ty-five cents, 

Berlin,  Fifty-one  dollars  and  seventy-five  cents, 

Bolton,  One  hundred  three  dollars  and  fifty  cents, 

Eoylston,  Sixty-three  dollars  and  seventy-five  cents, 

Brookfield,  One  hundred  seventy-two  dollars  and  fifty 

cents, 

Charlton,  One  hundred  sixty-two  dollars  and  seven- 

ty-five cents, 

Dana,  Thirty-three  dollars, 

Douglas,  One  hundred  forty-six  dollars  and  twenty- 

five  cents, 

Dudley,  One  hundred  fourteen  dollars  and  seventy- 

five  cents, 

Fitchburg,  One  hundred  ninety-one  dollars  and  twen- 

ty-five cents, 

Gardner,  Ninety-three  dollars, 

Grafton,  Two  hundred  ten  dollars  and  seventy-five 

cents, 

Hardwick,  One  hundred  fifty-two  dollars  and  twenty- 

five  cents. 

Harvard,  One  hundred  thirteen  [dollars]  and  twenty- 

five  cents, 

Holden,  One  hundred  thirty-eight  dollars  and  sev- 

enty-five cents, 

Hubbardston,  One  hundred  eleven  dollars  and  seventy- 
five  cents, 

Lancaster,  One  hundred  twenty-three  dollars  and  sev- 

enty-five cents, 

Leominster,         One  hundred  sixty  dollars  and  fifty  cents, 

Leicester,  One    hundred    seventy-three    dollars    and 

twenty-five  cents, 

Lunenburg,        One  hundred  five  dollars. 

Mendon,  Three  hundred  thirty-two  dollars  and  twen- 

ty-five cents, 


1844.- 


-Chap.  165. 


269 


Mil  ford,  One  hundred  fourteen  dollars, 

Millbury,  One  hundred  forty-one  dollars, 

New  Braintree,  Ninety-five  dollars  and  twenty-five  cents, 
Northborough,    Ninety-six  dollars, 
Northbridge,       Seventy-nine  dollars  and  fifty  cents, 
N.  Brookfield,     One  hundred  twelve  dollars  and  fifty  cents, 
Oakham,  Seventy-five  dollars  and  twenty-five  cents, 

Oxford,  One  hundred  sixty-five  dollars  and  seven- 

ty-five cents, 
Paxton,  Forty-two  dollars  and  seventy-five  cents, 

Petersham,  One  hundred  and  sixty-five  dollars, 

Phillipston,  Seventy-three  dollars  and  fifty  cents, 

Princeton,  One  hundred  twenty-one  dollars  and  fifty- 

cents, 
Royalston,  One   hundred   eighteen    dollars    and   fifty- 

cents, 
Rutland,  One  hundred  ten  dollars  and  twenty-five 

cents, 
Shrewsbury,       One  hundred  thirteen  dollars  and  twenty- 
five  cents, 
Southborough,    Seventy-eightdollars  and  seventy-five  cents, 
Southbridge,       One   hundred   forty-five   dollars   and  fifty- 
cents, 
Spencer,  One   hundred    twenty-seven    dollars    and 

fifty  cents, 
Sterling,  One  hundred  twenty-six  dollars  and  sev- 

enty-five cents, 
Sutton,  One  hundred  eighty-five  dollars  and  twen- 

ty-five cents, 
Sturbridge,         One  hundred  fifty-seven  dollars  and  fifty- 
cents, 
Templeton,         One  hundred  and  fifty  dollars, 
Upton,  Eighty-nine  dollars  and  twenty-five  cents, 

Uxbridge,  One  hundred  eighty-five  dollars  and  twen- 

ty-five cents, 
Warren,  One  hundred  and  fourteen  dollars, 

Webster,  One  hundred  twenty-two  dollars  and  twen- 

ty-five cents, 
Westborough,     One  hundred  fifteen  dollars  and  fifty  cents, 
W.  Boylston,      Ninety-four  dollars  and  fifty  cents, 
Westminster,      One  hundred  twenty-one  dollars  and  fifty- 
cents, 
Winchendon,      One  hundred  twenty-two  dollars  and  twen- 
ty-five cents, 
Worcester,  Nine  hundred  fourteen  dollars  and  twenty- 

five  cents. 


36 


270 


1844.- 


•Chap.  165. 


Hampshire.  COUNTY   OF    HAMPSHIRE. 

Amherst,  One  hundred  and  seventy-one  dollars, 

Belchertown,  One  hundred  and  thirty-eight  dollars, 

Chesterfield,  Sixty-six  dollars, 

Cummington,  Sixty-six  dollars  and  seventy-five  cents, 

Easthampton,  Forty-eight  dollars  and  seventy-five  cents, 

Enfield,  Seventy  dollars  and  fifty  cents, 

Granby,  Sixty-two  dollars  and  twenty-five  cents, 

Greenwich,  Forty-four  dollars  and  twenty-five  cents, 

Goshen,  Thirty-six  dollars, 

Hadley,  One  hundred  twenty-nine  dollars  and  sev- 
enty-five cents, 

Hatfield,  One  hundred  twelve  dollars  and  fifty  cents, 

Middlefield,  Fifty-seven  dollars  and  seventy-five  cents, 

Northampton,  Two  hundred  and  ninety-seven  dollars, 

Norwich,  Forty-six  dollars  and  fifty  cents, 

Pelham,  Forty-five  dollars  and  seventy-five  cents, 

Plainfield,  Fifty-five  dollars  and  fifty  cents, 

Prescott,  Forty-two  dollars. 

South  Hadley,  Seventy-six  dollars  and  fifty  cents, 

Southampton,  Sixty-five  dollars  and  twenty-five  cents, 

Westhampton,  Forty-five  dollars, 

Ware,  One  hundred  five  dollars, 

Williamsburg,  Eighty-nine  dollars  and  twenty-five  cents, 

Worthington,  Eighty-one  dollars  and  seventy-five  cents. 


Hampden.  COUNTY   OF    HAMPDEN. 

Blandford,  One  hundred  five  dollars  and  seventy-five 

cents, 

Brimfield,  One  hundred  fourteen  dollars  and  seventy- 

five  cents, 

Chester,  Sixty-eight  dollars  and  twenty-five  cents, 

Granville,  Seventy-eight  dollars  and  seventy-five  cents, 

Holland,  Thirty  dollars, 

Longmeadow,    Ninety  dollars  and  seventy-five  cents, 

Ludlow,  Ninety-six  dollars  and  seventy-five  cents, 

Monson,  One  hundred  sixty-four  dollars  and  twen- 

ty-five cents, 

Montgomery,  Twenty-seven  dollars  and  seventy-five 
cents, 

Palmer,  One    hundred    seventy-nine    dollars     and 

twenty-five  cents, 

Russell,  .  Thirty-five  dollars  and  twenty-five  cents, 

Southwick,  Seventy-eight  dollars  and  seventy-five 
cents, 

Springfield,  Nine  hundred  thirty-five  dollars  and  twen-- 
five  cents, 

Tolland,  Forty-four  dollars  and  twenty-five  cents, 

Wales,  Thirty-nine  dollars, 


1844.- 


■Chap.  165. 


271 


Westfield,  Two    hundred     twenty-five     dollars    and 

twenty-five  cents, 

W.  Springfield,  Two  hundred  forty-six  dollars  and  seven- 
ty-five cents, 

Wilbraham,        One  hundred  three  dollars  and  fifty  cents. 


COUNTY   OF   FRANKLIN. 

Ashfield,  Ninety  dollars  and  seventy-five  cents, 

Brnardston,  Fifty-seven  dollars, 

Buckland,  Forty-five  dollars  and  seventy-five  cents, 

Charlemont,  Sixty-two  dollars  and  twenty-five  cents, 

Coleraine,  One  hundred  twelve  dollars  and  fifty  cents, 

Conway,  One  hundred  nine  dollars  and  fifty  cents, 

Deerfield,  One  hundred  forty-eight  [dollars]  and  fifty 

cents, 

Erving,  Sixteen  dollars  and  fifty  cents. 

Gill,  Forty-eight  dollars, 

Greenfield,  One  hnndred  forty-six  dollars  and  twenty - 

five  cents, 

Hawley,  Fifty  dollars  and  twenty-five  cents. 

Heath,  Fifty-two  dollars  and  fifty  cents, 

Leyden,  Forty-four  dollars  and  twenty-five  cents, 

Leverett,  Forty-five  dollars  and  seventy-five  cents, 

Monroe,  Twelve  dollars, 

Montague,  Sixty-six  dollars  and  seventy-five  cents, 

New  Salem,  Soventy-two  dollars, 

Northfield,  One  hundred  fourteen  dollars  and  seventy- 
five  cents. 

Orange,  Eighty-one  dollars, 

Rowe,  Forty-three  dollars  and  fifty  cents, 

Shelburne,  Sixty-seven  dollars  and  fifty  cents, 

Shutesbury,  Forty-eight  dollars  and  seventy-five  cents, 

Sunderland,  Forty-eight  dollars  and  seventy-five  cents, 

Warwick,  Seventy  dollars  and  fifty  cents, 

Wendell,  Fifty  dollars  and  twenty-five  cents. 

Whately,  Sixty-one  dollars  and  fifty  cents. 


Franklin. 


COUNTY   OF   BERKSHIRE. 

Adams,  Two  hundred  and  ten  dollars, 

Alf-^ru,  Twenty-seven  dollars, 

Becket,  Sixty  dollars  and  seventy-five  cents, 

Cheshire,  Eighty-three  dollars  and  twenty-five  cents, 

Clarksburg,         Sixteen  dollars  and  fifty  cents, 
Dalton,  Seventy-one  dollars  and  twenty-five  cents, 

Egremont,  Sixty- five  dollars  and  twenty-five  cents, 

Florida,  Nineteen  dollars  and  fifty  cents, 

Gt.  Barrington,  One  hundred  sixty-eight  dollars  and  seven- 
ty-five cents, 


Berkshire. 


272 


1844.. 


-Chap.  165. 


Hancock,  Eighty-one  dollars  and  seventy-five  cents, 

Hinsdale,  Sixty-one  dollars  and  fifty  cents, 

Lanesborough,    Ninety  dollars  and  seventy- five  cents, 

Lee,  One  hundred  thirty-two  dollars, 

Lenox,  Eighty-fonr  dollars, 

Mt.Washington,  Fifteen  dollars  and  seventy-five  cents. 

New  Ashford,     Nineteen  dollars  and  fifty  cents, 

N.  Marlborough,  One  hundred  four  dollars  and  twenty-five 

cents, 
Otis,  Fifty-seven  dollars  and  seventy-five  cents, 

Peru,  Forty-two  dollars, 

Pittsfield,  Two  hundred  eighty-one  dollars  and  twen- 

ty-five cents, 
Richmond,  Sixty-one  dollars  and  fifty  cents, 

Sandisfield,         Ninety-eight  dollars  and  twenty-five  cents. 
Savoy,  Thirty- five  dollars  and  twenty-five  cents, 

Stockbridge,        One  hundred  twenty-three  dollars  and  sev- 
enty-five cents, 
Sheffield,  One  hundred  sixty-eight  dollars, 

Tyringham,        Seventy  dollars  and  fifty  cents, 
Washington,       Forty-one  dollars  and  twenty-five  cents, 
W.  Stockbridge,  Eighty  dollars  and  twenty-five  cents, 
Williamstown,    One  hundred  forty-seven  dollars  and  sev- 
enty-five cents, 
Windsor,  Fifty-three  dollars  and  twenty-five  cents, 

Boston  Corner,    Two  dollars  and  twenty-five  cents. 

Norfolk.  COUNTY  OF  NORFOLK. 

Braintree,  One  hundred  forty-three  dollars  and  twen- 

ty-five cents, 

Bellingham,        Seventy-three  dollars  and  fifty  cents, 

Brookline,  One  hundred  eighty-one  dollars  and  fifty 

cents, 

Canton,  One  hundred  forty-six  dollars  and  twenty- 

five  cents, 

Cohasset,  Eighty-one  dollars  and  seventy-five  cents, 

Dedham,  Three  hundred  nine  dollars  and  seventy- 

five  cents, 

Dover,  Forty-eight  dollars  and  seventy-five  cents, 

Dorchester,         Four  hundred  twenty-six  dollars  and  twen- 
ty-five cents, 

Foxborough,       Seventy  dollars  and  fifty  cents, 

Franklin,  One  hundred  and  eleven  dollars, 

Medfield,  Sixty  dollars, 

Medway,  One  hundred  thirty-three  dollars   and  fifty 

cents, 
'■         ^  Milton,  One  hundred  sixty-nine  dollars   and  fifty 

cents, 

Needham,  One  hundred  and  sixty-two  dollars, 


1844.- 


-Chap.  165. 


273 


Quincy,  Two  hundred  forty-seven  dollars  and  fifty 

cents, 
Randolph,  Two  hundred  and  thirteen  dollars, 

Roxbury,  Eight  hundred  twenty-five  dollars  and  sev- 

enty-five cents, 
Sharon,  Eighty-one  dollars  and  seventy-five  cents, 

Stoughton,  One  hundred  twelve  dollars  and  fifty  cents, 

Walpole,  One  hundred  and  five  dollars, 

Weymouth,        Two  hundred  thirty-five  dollars  and  fifty 

cents, 
Wrentham,         One  hundred  sixty-eight  dollars  and  seven- 
ty-five cents. 

COUNTY  OF  BRISTOL.  Bristol. 

Attleborough,      Two  hundred  fifteen  dollars  and  twenty- 
five  cents, 
Berkley,  Forty-seven  dollars  and  twenty-five  cents. 

Dartmouth,         Two   hundred   seventy-seven   dollars  and 

fifty  cents, 
Dighton,  Ninety-two  dollars  and  twenty-five  cents, 

Easton,  One  hundred  twelve  dollars  and  fifty  cents, 

Fairhaven,  Three  hundred  and  ninety  dollars. 

Fall  River,         Six  hundred  forty-one  dollars  and  twenty- 
five  cents, 
Freetown,  One  hundred  four  dollars  and  twenty-five 

cents, 
Mansfield,  Eighty  dollars  and  twenty-five  cents, 

New  Bedford,     One  thousand  five  hundred  ten  dollars  and 

fifty  cents, 
Norton,  One  hundred  and  forty-seven  dollars, 

Pavvtucket,  One  hundred  forty  dollars  and   twenty-five 

cents, 
Raynham,  Seventy-two  dollars, 

Rehoboth,  One  hundred  twenty-seven  dollars  and  fifty 

cents, 
Seekonk,  One  hundred  and  eight  dollars, 

Somerset,  Sixty-two  dollars  and  twenty-five  cents, 

Swanzey,  Ninety-three  dollars, 

Taunton,  Five  hundred  and  eighty-two  dollars, 

Westport,  One  hundred  seventy-five  dollars  and  fifty 

cents. 


COUNTY  OF  PLYMOUTH. 

Abington,  One  hundred  and  forty-four  dollars, 

Bridgewater,       One  hundred  forty  dollars  and  twenty-five 

cents, 
Carver,  Fifty-four  dollars, 

Duxbury,  One  hundred  and  eighty-nine  dollars, 

E,  Bridgewater,  Ninrty-scven  dollars  and  fifty  cents. 


Plymouth. 


274 


1844.- 


■Chap.  165. 


Halifax, 
Hanover, 
Hanson, 
Hingham, 

Hull, 
Kingston, 

Marshfield, 

Middleborough, 

N.  Bridgewater, 

Pembroke, 

Plymouth, 

Plympton, 

Rochester, 

Scituate, 

Wareham, 

W.  Bridffewater 


Forty-two  dollars. 

Eighty-six  dollars  and  twenty- five  cents. 
Sixty-two  dollars  and  twenty-five  cents. 
Two  hundred  nineteen  dollars  and  seventy- 
five  cents, 
Fifteen  dollars  and  seventy-five  cents, 
One  hundred  five  dollars  and  seventy-five 

cents, 
One  hundred  seventeen  dollars  and  seventy- 
five  cents, 
Two  hundred  eighty-two  dollars  and  sev- 
enty-five cents. 
One  hundred  twenty-two  dollars  and  twen- 
ty-five cents, 
Eighty-one  dollars. 

Four  hundred  fifteen  dollars  and  fifty  cents, 
Forty-eight  dollars, 

Two  hundred  eight  dollars  and  fifty  cents. 
Two  hundred  and  thirty-seven  dollars, 
One  hundred  and  thirty-five  dollars, 
,  Seventy-seven     dollars     and     twenty-five 
cents. 


Barnstable.  COUNTY  OF  BARNSTABLE. 

Barnstable,  Two  hundred  and  sixteen  dollars, 

Brewster,  Sixty  dollars, 

Chatham,  Eighty-five  dollars  and  fifty  cents, 

Dennis,  One  hundred  and  twenty-three  dollars, 

Eastham,  Thirty-eight  dollars  and  twenty-five  cents, 

Falmouth,  One  hundred  eighty  dollars  and  seventy- 

five  cents, 
Harwich,  Eighty  dollars  and  twenty-five  cents, 

Orleans,  Fifty-seven  dollars  and  seventy-five  cents, 

Provincetown,    One  hundred  nineteen  dollars  and  twenty- 
five  cents, 
Sandwich,  Two  hundred  fifteen  dollars  and  twenty- 

five  cents, 
Truro,  Forty-seven  dollars  and  twenty-five  cents, 

Wellfleet,  Fifty-nine  dollars  and  twenty-five  cents, 

Yarmouth,  One  hundred  twenty-eight  dollars  and  twen- 

ty-five cents. 


I  ukes. 


i 


DUKES  COUNTY. 

Chilmark,  Seventy-four  dollars  and  twenty-five  cents, 

Edgartown,        One  hundred  twenty-seven  dollars  and  fifty 

cents, 
Tisbury,  Ninety  dollars  and  seventy-five  cents. 


1844.- 


■Chap.  165. 


275 


COUNTY  OF  NANTUCKET. 

Nantucket,  One  thousand  four  hundred  and  seventy- 

three  dollars. 


Nantucket. 


AGGREGATE  OF  THE  SEVERAL  COUNTIES. 

Suffolk,  Twenty-five  thousand  six  hundred  sixty- 

nine  dollars  and  fifty  cents, 

Essex,  Seven  thousand  nine  hundred  fifty-seven 

dollars  and  fifty  cents, 

Middlesex,  Nine  thousand  five  hundred  seventy -nine 

dollars  and  seventy-five  cents, 

Worcester,  Seven  thousand  seven  hundred  thirty  dol- 

lars and  twenty-five  cents, 

Hampshire,  One  thousand  nine  hundred  and  fifty-three 
dollars, 

Hampden,  Two  thousand  six  hundred  eighty-four  dol- 

lars and  twenty-five  cents, 

Franklin,  One  thousand    seven   hundred  and    sixty- 

seven  dollars, 

Berkshire,  Two  thousand   five  hundred  seventy-four 

dollars  and  seventy-five  cents, 

Norfolk,  Four  thousand  forty-seven  dollars  and  sev- 

enty-five cents, 

Bristol,  Four  thousand  nine  hundred  seventy-eight 

dollars  and  fifty  cents, 

Plymouth,  Two  thousand  eight   hundred   eighty-one 

dollars  and  fifty  cents, 

Barnstable,  One  thousand  four  hundred  ten  dollars  and 

seventy-five  cents, 

Dukes,  Two  hundred  ninety-two  dollars  and  fifty 

cents, 

Nantucket,  One  thousand  four  hundred  and  seventy- 

three  dollars. 


Sect.  2.  The  treasurer  of  this  Commonwealth  shall 
forthwith  send  his  warrant,  with  a  copy  of  this  act,  direct- 
ed to  the  selectmen  or  assessors  of  each  city,  town,  district 
or  other  place  taxed  as  aforesaid,  requiring  them  respect- 
ively to  assess,  in  dollars  and  cents,  the  sum  so  charged, 
according  to  the  provisions  of  the  seventh  chapter  of  the 
Revised  Statutes,  and  to  add  the  amount  of  such  tax  to  the 
amount  of  county  and  town  taxes  to  be  by  them  assessed 
in  each  city,  town  and  district  respectively. 

Sect.  3.  The  treasurer,  in  his  said  warrant,  shall  require 
the  said  selectmen  or  assessors  respectively,  to  pay,  or  to 
issue  tneir  several  vrarrant  or  warrants,  requiring  the  col- 
lectors of  their  several  cities,  towns  or  districts  to  pay,  to 
the  said  treasurer,  on  or  before  the  first  day  of  February, 
eighteen  hundred  and  forty-five,  the  sums  against  said  cit- 


Treasurer  to 
issue  his  war- 
rant to  select- 
men or  assess- 
ors, to  assess 
proportion  of 
tax  in  tht-iT 
towns,  &c. 


Time  and  man- 
ner of  collect- 
ing tax. 


276 


1 


-Chap,  165—166. 


Repeal  of  for- 
mer acts. 

Whea  to  take 
effect. 


The  Black- 
stone  Canal 
Company  may 
sell  the  whole 
or  part  of  their 
property. 


ies,  towns  and  districts  respectively,  in  this  act  contained  ; 
and  the  said  selectmen  or  assessors  respectively,  shall  return 
a  certificate  of  the  names  of  such  collectors,  with  the  sum 
which  each  may  be  required  to  collect,  to  the  said  treasu- 
rer, some  time  before  the  first  day  of  December  next. 

Sect.  4.  The  fifteenth  section  of  the  seventh  chapter  of 
the  Revised  Statutes  is  hereby  repealed. 

Sect.  5.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  16,  1844.] 

ChCLT)  166.    -^^  ^^"^  i"^  addition  to  an  Act  to  Incorporate  the  Blac&stone  Canal  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  sanie^  as  follows  : 

Sect.  1.  That  in  order  to  facilitate  the  construction  of 
a  rail-road  between  Worcester  and  Providence,  as  a  substi- 
tute for  the  Blackstone  Canal,  the  president,  directors  and 
company,  called  the  J^lackstone  Canal  Company  be,  and 
they  hereby  are,  authorized  to  make  sale  of  their  entire 
property,  or  any  part  or  portion  thereof,  and  to  convey  the 
same  to  any  purchaser  or  purchasers,  which  conveyance 
shall  vest  a  good  and  sufficient  title  to  such  property, 
though  a  change  of  the  use  to  other  public  purposes  may 
follow  such  sale. 

Sect.  2.  That  such  sale  of  the  said  Blackstone  Canal, 
or  any  part  or  portion  of  the  works  thereof,  shall  not  work 
a  forfeiture  of  any  of  the  vested  rights  of  said  company  to 
the  dams  located  to  maintain  a  head  of  water,  but  the  right 
to  maintain  the  same,  shall  continue  in  said  company  and 
their  assigns,  the  same  as  heretofore,  though  said  canal 
may  be  discontinued  as  a  navigable  highway. 

Sect.  3.  That  the  dams  which  have  been  either  erected 
or  raised  by  said  Blackstone  Canal  Company,  in  the  bed 
of  the  Blackstone  River,  may  be  maintained  by  the  several 
mill  owners  who  have  an  interest  in  the  works  on  said 
darns,  at  the  same  height  to  which  they  have  been  raised 
by  said  company,  and  for  the  exclusive  benefit  of  such 
mill  owners,  their  heirs,  or  assigns  :  And  the  land  over 
which  said  Blackstone  Canal  has  been  located,  shall  not  be 
sold  and  conveyed  for  any  other  than  rail-road  purposes, 
and  such  land  as  shall  not  be  sold  for  rail-road  purposes, 
shall  revert  to  the  owners  thereof,  divested  of  the  easement 
of  said  Canal  Company.  [Approved  by  the  Governor, 
March  16,  1844.J 


Sale  not  to 
work  a  forfeit- 
ure of  rights  to 
dams,  &c. 


Dams  erected 
by  the  compa- 
ny to  be  main- 
tained by  and 
;br  the  benefit 
of  mi  4  owners, 


Land  not  to  be 
sold/  ■  r  other 
than  .  A'l-road 
purpo::  ;.• . 


1844.- 


■Chap.  167—169. 


277 


An  Act  prescribing  the  time  for  making  returns  of  votes  for  Electors  of 
President  and  Vice  President  of  the  United  States. 

BE  it  enacted  hy  the  Sena'e  and  House  of  Repi'esenta- 
tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  mayor  and  aldermen  of  the  several  cities, 
and  selectmen  of  the  several  towns  in  the  (Commonwealth, 
shall  within  three  days  next  after  the  day  of  any  election 
of  electors  of  president  and  vice  president  of  the  United 
States,  held  by  virtue  of  the  laws  of  this  Commonwealth, 
or  of  the  United  States,  deliver,  or  cause  to  be  delivered  the 
lists  of  votes  therefor,  sealed  up,  to  the  sheriff  of  the  county 
in  which  said  election  is  held,  and  the  sheriff  shall  within 
four  days  after  receiving  said  lists,  transmit  the  same  to 
the  office  of  the  secretary  of  the  Commonwealth,  or  the 
said  mayor  and  aldermen,  or  the  selectmen  may,  and  when 
the  office  of  sheriff  is  vacant,  he  or  they  shall  themselves 
transmit  the  said  lists  to  the  said  office  within  seven  days 
after  the  election,  and  all  votes  not  so  transmitted  shall  be 
rejected. 

Sect.  2.  The  secretary  of  the  Commonwealth  shall,  on 
or  before  the  first  day  of  October  next,  transmit  to  the 
mayor  and  aldermen  of  each  city,  and  to  the  selectmen  of 
each  town  in  the  Commonwealth,  a  copy  of  this  act.  \_Ap- 
proved  by  the  Governor,  March  16,  1844.] 

An  Act  relating  to  the  Bonds  of  Pilots. 

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

If  at  any  tiine  it  shall  appear  to  the  commissioners  of 
pilots  that  the  bonds  given  by  any  pilot  are  insufficient, 
the  said  commissioners  shall  require  him  to  give  a  new 
bond  or  bonds,  to  their  satisfaction,  within  such  time  as 
they  shall  order ;  and  this  act  shall  take  effect  from  and 
after  its  passage.  [Approved  by  the  Governor,  March  16, 
1844.] 

An  Act  to  incorporate  the  Alliance  Mutual  Insurance  Company. 

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

Sect.  1.  Manlius  S.  Clarke,  F.  M.  Weld,  R.  A.  Lamb, 
their  associates  and  successors,  are  hereby  made  a  corpo- 
ration for  the  term  of  twenty  years,  by  the  name  of  the 
Alliance  Mutual  Insurance  Company,  to  be  established  in 
the  city  of  lioston,  for  the  purpose  of  making  maritime 
loans  and  insurance  against  maritime  losses  and  losses  by 
36 


Chap  167. 


Votes  for  elec- 
tors of  presi- 
dent, iSii.,  how 
and  when  to  be 
transmitted  by 
town  and  city 
officers  to  the 
secretary. 


Notice  of  this 
law  to  be  given 
by  the  secretary 
to  cities  and 
towns. 


ChapWS. 


Commissioners 
of  pilots  may 
require  pilots 
to  ifive  new 
bonds,  af'erthe 
passage  of  this 
act. 


Chap  169. 


Persons  incor- 
porated for  20 
years. 

To  insure  fire 
and  marine 
risks  on  the 
mutual  princi- 
ple. 


278 


1844.- 


-Chap.  169—170. 


No  policy  to  be 
issued  till 
Si 00,000  have 
been  paid  in 
and  invested, 
&c. 

Legal  interest 
to  be  paid, 
and  principal 
after  the  in- 
vestment of 
$100,000  prof- 
its. 

No  further  di- 
vision to  take 
place,  except 
of  excess  over 
$200,000. 

Guarantee 
capital  inde- 
pendent of  re- 
sources con- 
vertible into 
premiums. 


fire,  on  the  mutual  principle,  with  all  the  powers  and  priv- 
ileges, and  subject  to  all  the  duties,  liabilities  and  restric- 
tions, set  forth  in  the  thirty-seventh  and  forty-fourth  chap- 
ters of  the  Revised  Statutes,  so  far  as  the  same  are  appli- 
cable to  the  corporation  hereby  created. 

Sect.  2.  No  policy  of  insurance  shall  be  issued  by  said 
company,  until  a  fund  of  one  hundred  thousand  dollars  in 
cash,  shall  have  been  paid  in  for  the  protection  of  the  as- 
sured, and  invested  as  by  law  required  of  insurance  com- 
panies heretofore  incorporated. 

Sect.  3.  The  said  company  may  pay  semi-annually  the 
legal  interest  on  the  aforesaid  fund,  and  may  pay  the  prin- 
cipal of  the  fund  whenever  their  net  profits  shall  amount 
to  the  sum  of  one  hundred  thousand  dollars,  and  the  same 
shall  have  been  invested  according  to  law  as  aforesaid; 
and  no  further  division  of  the  net  profits  or  funds  of  the 
company  shall  be  made,  without  leaving  at  least  two  hun- 
dred thousand  dollars  invested  as  aforesaid,  until  the  expi- 
ration of  this  act. 

Sect.  4.  The  guarantee  capital  provided  for  in  this  act, 
shall  be  in  addition  to  any  resources  which  can  be  con- 
verted into  premiums.  {Approved  by  the  Governor^  March 
16,  1844.] 


Chap 


May  divide  six 
percent,  of  pro- 
fits among 
stockholders, 
and  excess  of 
profits  over  a 
six  per  cent, 
among  stock- 
holders and 
persons  in- 
sured. 
Provided,  &c. 


Stockholders 
may  withdraw 
their  propor- 
tion of  assets 
before  this  act 
goes  into  ope- 
ration, said  as- 
sets to  he  de- 
termined by  ar- 
bitrators. 


1 70.    ^^  -^^"^  ^^  addition  to  au  Act  concerning  the  Mercantile  Marine  Insurance 

Company. 

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

Sect.  1.  The  Mercantile  Marine  Insurance  Company 
may  divide  among  their  stockholders  and  the  persons  in- 
sured by  them,  in  proportion  to  the  stock  owned  and  the 
premiums  paid  on  risks  terminated,  all  of  their  clear  profits 
over  and  above  the  amount  of  six  per  cent,  per  annum, 
which  six  per  cent,  shall  be  divided  among  the  stockhold- 
ers alone:  provided,  that  no  such  division  among  the  stock- 
holders and  the  persons  insured  jointly,  shall  be  made  until 
all  arrearages  which  hereafter  may  occur  in  the  six  per 
centum  payable  to  the  stockholders,  shall  have  been  paid 
to  the  stockholders. 

Sect.  2.  Any  stockholder  may  withdraw  his  proportion 
of  the  assets  of  the  company,  the  value  of  which  shall  forth- 
with be  ascertained  by  arbitration,  before  the  acceptance  of 
this  act;  and  any  deficiency  thus  created  in  the  capital 
stock  shall  be  made  up  by  nf'w  subscribers,  before  this  act 
shall  go  into  operation.  I'lie  arbitrators  herein  provided 
for,  shall  be  appointed,  one  by  the  president  of  the  com- 
pany, and  one  by  the  claiming  stockholder ;  and  in  case  the 
two  persons  so  appointed  are  unable  to  agree  as  to  the 


1844. Chap.  171—172.  '         279 

value  of  the  assets,  they  shall  appoint  a  third  arbitrator  to 
act  with  them.  \ Approved  by  the  Governor,  March  16, 
1844.] 

An  Act  to  alter  the  times  of  holding  the  terms  of  the  Court  of  Common    OnCip  171. 
Pleas  for  the  County  of  Hampden. 

BE  it  enacted  by  the  Seriate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.    1.     That  portion   of  the   fortieth  section   of  the  SeFlal^L^ng 

eighty-second  chapter  of  the  Revised  Statutes,  which  pro-  the  terms  of" 

vides  that  the  court  of  common  pleas,  within  and  for  the  the  court  of 

county  of  Hampden,  shall  be  held  on  the  third  Mondays  of  in  Hampden. 
February  and  June,  is  hereby  repealed. 

Sect  2.     There  shall  be  a  term  of  the  court  of  common  ^e™con,j^'^  °°' 

pleas,  within  and  for  the  couuiy  of  Haiiipdeiij  on  the  second  Mondays  of 

Mondays  of  February  and  June  annually.  junr*^"^^  ^^^ 

Sect.  3.     All  recognizances,  continuances,  or  other  pro-         " 

ceedings  in  the  court  of  common  pleas,  returnable  or  having  Provision  for 

^  -T  '  o    return  oi 

reference  to  the  third  Monday  in  June  next,  shall  be  re-  recognizances, 
turned  to,  have  day  in,  and  proceeded  upon,  at  said  term  '^'=- 
hereby  established,  on  the  second  Monday  of  June  next. 
[Approved  by  the  Governor,  Match  16,  1844.] 

An  Act  to  establish  the  Boston  and  Maine  Rail-road  Extension  Company.      Chctp  172. 

BE  it  enacted  by  the  Seriate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  satne,  as  follows  : 

Sect.  I.  Thaddeus  Spaulding,  Thomas  West,  Thaddeus  Persons  incor- 
Nichols,  John  Howe,  Richard  W.  Bailey,  and  their  associ-  P""^*® 
ates,  successors  and  assigns  be,  and  they  hereby  are  made 
a  corporation  by  the  name  of  the  Boston  and  Maine  Rail- 
road Extension  Company,  with  all  the  powers  and  privi- 
leges, and  subject  to  all  the  duties,  restrictions  and  liabili- 
ties, set  forth  in  the  forty-fourth  chapter  of  the  Revised 
Statutes,  and  in  that  part  of  the  thirty-ninth  chapter  of  the 
said  statutes,  and  statutes  subsequently  passed,  which  re- 
lates to  rail-roads. 

Sect.  2.  The  said  company  are  hereby  authorized  and  Location  of  the 
empowered  to  construct  and  complete  a  rail-road,  begin- 
ning at  a  convenient  point  in  the  Boston  and  Maine  Rail- 
road, not  nearer  to  its  junction  with  the  Boston  and  Lowell 
Rail-road,  than  Lubber  Brook  so  called,  in  Wilmington, 
unless  by  the  agreement  and  consent  of  the  directors  of  the 
said  Boston  and  Lowell  Rail-road  Corporation ;  thence 
passing  through  Wilmington  to  Reading,  near  Wood  End 
Village  so  called;  thence  through  said  Reading  to  and 
through  South  Reading,  passing  near  the  southwesterly  end 
of  Reading  Pond,  and  the  easterly  side  of  Smith's  Pond  so 
called ;  thence  through  or  near  the  easterly  part  of  Stone- 


280 


1844.. 


■Chap.  172. 


Bridges,  how 
to  be  con- 
structed. 


Draws  to  be 
maintained, 
&c. 

Speed  and 

Eower,  &c.  in 
ioston,  to  be 
regulated  by 
the  city  gov- 
ernment. 

Capital  not  to 
exceed  $300,- 
000,  in  shares 
of  $100. 

When  to  be 
completed. 


May  be  used 
by  any  other 
company  au- 
thorized by  the 
Legislature, 
provided,  Cvc. 


May  be  used 
by  the  Boston 
and  Maine 
Rail-road,  pro- 
vided, &c. 


ham  to  Maiden,  near  Ell  Pond  so  called  ;  thence  through 
Maiden,  passing  near  Odiorne's  iron  works,  and  crossing 
Mystic  River  by  abridge  near  Maiden  Bridge;  thence  pass- 
ing near  the  mill-pond  at  the  outlet  of  the  Middlesex  Canal, 
at  least  one-fourth  of  a  mile  from  the  McLean  Asylum,  by 
the  way  of  Somerville  or  Charlestown,  to  a  point  on  the 
Charlestown  Branch  Rail-road,  near  their  engine  house  in 
Charlestown :  provided,  it  shall  not  cross  the  Charlestown 
Branch  Rail-road  at  any  point  east  of  the  State  Prison, 
wnthout  the  assent  of  the  directors  of  the  Charlestown 
Branch  Rail-road  Corporation ;  thence  crossing  Charles 
River  by  a  bridge  above  Warren  Bridge,  to  the  city  of  Bos- 
ton, between  Haverhill  street  and  Canal  street;  and  thence 
between  said  streets  to  the  public  square  at  the  easterly 
end  of  said  streets. 

Sect.  3.  The  said  bridges  across  Charles  and  Mystic 
Rivers,  with  a  good  and  sufficient  draw  in  each,  shall  be 
constructed  under  the  direction  of  commissioners,  to  be  ap- 
pointed by  the  governor  and  council,  at  the  expense  of  said 
corporation;  and  the  said  corporation  shall  be  held  liable 
to  keep  the  draws  in  good  repair,  and  to  open  the  same, 
and  afford  all  proper  accommodation  to  vessels  having  oc- 
casion to  pass  the  same  by  day  or  by  night. 

Sect.  4.  The  motive  power  and  the  rate  of  speed  for 
crossing  any  of  the  streets  in  the  city  of  Boston,  as  well 
as  the  securities  at  the  crossings,  shall  be  regulated  in  such 
manner  as  shall  be  required  by  the  mayor  and  aldermen 
of  said  city. 

Sect.  5.  The  capital  stock  of  this  corporation  shall  not 
exceed  five  hundred  thousand  dollars,  to  be  divided  into 
shares  of  one  hundred  dollars  each. 

Sect.  6.  If  said  rail-road  in  its  whole  distance  between 
the  termini  shall  not  be  completed  within  three  years  from 
and  after  the  passing  of  this  act,  the  same  shall  be  void. 

Sect.  7.  The  State  may  authorize  any  company  to  en- 
ter with  another  rail-road  at  any  point  of  the  rail-road 
hereby  authorized,  paying  for  the  right  to  use  the  same, 
or  any  part  thereof,  such  rate  of  toll  or  compensation  as 
the  Legislature  may  from  time  to  time  prescribe,  and  com- 
plying with  such  rules  and  regulations  as  said  corporation 
may  establish  by  virtue  of  the  powers  hereby  granted. 

Sect.  8.  The  Boston  and  Maine  Rail-road  are  hereby 
authorized  to  enter  upon  and  use  the  road  hereby  granted, 
with  their  engines  and  cars,  or  otherwise,  paying  therefor 
such  rate  of  toll  or  compensation,  as  may  from  time  to  time 
be  prescribed  by  the  Legislature;  and  whenever  the  road 
hereby  granted  shall  be  completed,  and  shall  be  entered 
upon  by  the  said  Boston  and  Maine  Rail-road,  their  right 
to  enter  upon  and  use  the  Boston  and  Lowell  Rail-road 
shall  cease,  except  so  far  as  such  right  may  be  exercised 


1844. 


■Chap.  172—175. 


281 


with  the  assent  of  the  Boston  and  Lowell  Rail-road  Corpo- 
ration. And  the  said  Boston  and  Maine  Rail-road  Corpo- 
ration are  herehy  authorized  to  subscribe  to  the  capital 
stock  of  the  corporation  hereby  established,  an  amount  not 
exceeding  five  thousand  shares,  and  to  increase  their  capi- 
tal stock  to  that  amount. 

Sect.  9.  No  depot  or  stopping  place  shall  be  establised 
between  Andover  and  Reading,  without  the  consent  of  the 
Boston  and  Lowell  Rail-road  Corporation. 

Sect.  10.  The  corporation  hereby  established  in  addi- 
tion to  the  powers  hereby  conferred,  may  purchase  or  hire 
any  portion  of  the  Charlestown  Branch  Rail-road,  and  use 
the  same  upon  such  terms  as  may  be  mutually  agreed  upon 
by  the  directors  of  said  corporations.  [Appjoved  by  the 
Governor^  March  16,  1844.] 

An  Act  authorizing  the  appointment  of  an  additional  Master  in  Chancery  in 
the  county  of  Worcester. 

Btl  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     His  Excellency  the  Governor,  by  and  with  the  Five  masters  in 
advice  and  consent  of  the  council,  is   hereby  authorized  to  worcesLr° 
appoint  an   additional   Master  in  Chancery  in  and  for  the 
county  of  Worcester;   and  the  number  of  masters  in  chan- 
cery for  said  county  shall  hereafter  be  five. 

Sect.  2.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  16,  1844.]         effect. 


The  Boston 
and  Maine 
company  may 
subscribe  its 
stock  not  ex- 
ceeding 5000 
shares,  &c. 
No  depot  be- 
tween Andover 
and  Readmg 
without  con- 
sent, &c. 

May  purchase, 
or  hire  the  use 
of,  the  Charles- 
town  Branch 
Road. 


Chap  173. 


An  Act  to  establish  the  salary  of  the  Sergeant-at-Arins. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follotrs  : 

Sect.  1,  The  scrgeant-at-arms  shall  have  an  annual 
salary  of  one  thousand  dollars,  payable  quarterly,  and  the 
rent  of  the  house  now  and  heretofore  occupied  by  him. 

Sect.  2.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Sect.  3.  This  act  shall  take  effect  from  and  after  the 
first  day  of  April  next.  [Apjiroved  by  the  Governor,  March 
16,  1844.] 

An  Act  to  incorporate  the  Equitable  Life  Assurance  Society  of  Boston. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  Geiieral  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  I.  Lemuel  Blake,  William  Brigham  and  George  persons  incor- 
Darracott,  their  associates  and  successors,  are  hereby  made  porated  to  in- 
a  corporation  by  the  name  of  the  Equitable  Life  Assurance  on't^he' mutuid ' 

principle. 


Chaplin. 


Sergeant-at- 
arms  to  be  paid 
$1000  annually 
besides  rent. 

Repeal  of  in- 
consistent pro- 
visions. 

When  to  take 
effect. 


Chap  lib. 


282 


1844.- 


■Chap.   175. 


When  to  be  or- 

fanized,  and 
alf  the  direct- 
ors to  be 
chosen. 


Guarantee  cap- 
ital to  Le 
SlC3,00u,  half 
of  which  to  be 
paid  in  or  se- 
cured, &c. 


Directors  not 
chosen  at  the 
time  of  organi- 
zation, when 
and  how  to  be 
chosen. 


Capital  how  to 
be  invested. 


Real  estate  not 
to  exceed 
S30,000. 

Division  of  sur- 
plus funds, 
■when  and  how 
to  be  made. 


Society  of  Boston,  for  the  purpose  of  making  assurances  on 
single  lives,  joint  lives  and  survivorships,  and  for  making  re- 
versionary payments  on  the  principle  of  mutual  contribu- 
tion and  mutual  participation  in  the  surplus  funds  or  other- 
wise, with  all  the  powers  and  privileges,  and  subject  to  all 
the  duties  and  liabilities,  contained  in  the  thirty-seventh  and 
forty-fourth  chapters  of  the  Revised  Statutes,  so  far  as  the 
same  may  be  applicable  to  this  corporation. 

Sect.  2.  When  one  hundred  and  fifty  persons  have  sub- 
scribed to  become  members  of  the  Society  by  being  assured 
for  the  whole  term  of  life,  the  first  meeting  may  be  called 
foi  the  purpose  of  organizing  the  corporation,  but  only  one 
half  the  whole  number  of  directors  shall  then  be  chosen. 

Immediaiely  after  such  organization,  books  shall  be  open- 
ed lor  the  subscription  of  a  guarantee  capital  stock  for  one 
hundred  thousand  dollars,  to  be  divided  into  shares  by  the 
corporation,  half  of  which  shall  be  paid  in  in  cash  before 
the  said  corporation  shall  go  into  operation  for  the  purpose 
of  making  assurances,  the  other  half  of  said  stock  may  be 
called  for  by  the  directors,  from  time  to  time,  when  they 
deem  it  necessary  or  expedient,  and  shall  be  paid  in  by  the 
holders  of  the  stock,  which  shall  always  stand  pledged  to 
the  corporation  for  all  such  assessments  so  called  for,  and 
said  stock  shall  be  entitled  to  an  annual  dividend  not  ex- 
ceeding seven  per  centum  on  the  amount  paid  in. 

Sect.  3.  As  soon  as  such  amount  of  stock  shall  be  so 
subscribed  and  paid  in  as  aforesaid,  a  meeting  shall  be 
called  of  the  said  stockholders,  and  they  shall  elect  from 
their  own  number,  the  remaining  half  of  the  first  board  of 
directors  ;  and  at  every  future  election  of  directors,  until 
the  guarantee  slock  shall  be  redeemed,  one  half  the  number 
shall  be  selected  from  the  assured  for  the  whole  term  of  life, 
and  the  other  half  from  the  stockholders,  all  to  be  chosen 
jointly. 

Sect.  4.  The  funds  of  the  society  shall  be  invested  in 
the  stocks  of  the  United  States,  of  the  state  of  Massachu- 
setts, of  the  city  of  Boston,  and  in  notes  secured  by  mort- 
gage of  unincumbered  real  estate  in  Massachusetts  worth 
twice  the  amount  loaned  thereon. 

The  corporation  may  hold  real  estate  to  an  amount  not 
exceeding  thirty  thousand  dollars,  for  the  purpose  of  secur- 
ing suitable  ofiices  for  the  institution. 

Sect.  5.  At  the  expiration  of  every  three  years  after 
the  expiration  of  the  first  year,  there  shall  be  a  general  in- 
vestigation of  the  afl'airs  of  the  society  for  the  past  three 
years,  with  an  estimate  of  the  surplus  funds  which  may 
remain  after  providing  for  all  risks,  losses  and  incidental 
expenses.  If  it  shall  appear  after  the  investigation,  that 
there  is  a  surplus  fund  more  than  equ>alent  to  the  amount 
of  debts  and  claims  against  the  funds  one  tl  ird  of  the  esti- 


1844.- 


■Chap.  175. 


283 


mated  surplus  funds  and  receipts  shall  be  set  aside  with 
its  accumulations  as  a  reserved  fund  to  be  applied  to  the 
redemption  of  the  guarantee  stock;  and  whenever  after  the 
expiration  often  years  from  the  time  of  organizing  the  cor- 
poration, the  amount  of  such  reserved' funds  shall  be  suffi- 
cient for  the  purpose,  and  the  assured  shall  vote  to  redeem 
the  said  guarantee  stock,  the  same  shall  be  redeemed. 

The  remaining  two  thirds  of  the  estimated  surplus  funds 
shall  be  equitably  divided  among  the  existing  policies,  for 
the  whole  term  of  life,  either  by  single  contribution,  or  by 
uniform  annual  contributions,  and  allocated  to  the  original 
sum  assured,  as  a  bonus  or  reversionary  addition,  payable 
when  the  policy  emerges  and  becomes  a  claim. 

Sect.  6.  Within  thirty  days  after  the  expiration  of  four 
years  from  the  time  of  organizing  the  society,  and  within 
thirty  days  after  the  expiration  of  every  subsequent  three 
years,  the  society  shall  cause  to  be  made  a  general  balance 
statement  of  the  aflairs  of  the  said  society,  which  shall  be 
entered  in  a  book  prepared  for  that  purpose.  Such  state- 
ment shall  contain, — 

1st.  The  amount  of  contributions  received  during  the 
said  period,  and  the  amount  of  interest  received  from  in- 
vestments and  loans, 

2d.  The  amount  of  expenses  of  the  said  society  during 
the  same  period. 

3d.  The  amount  of  losses  incurred  during  the  same 
period. 

4th.    The  balance  remaining  with  the  said  society. 

5th.  The  nature  of  the  security  in  which  the  said  bal- 
ance is  invested  or  loaned,  and  the  amount  of  cash  on  hand, 
and  the  aggregate  amount  of  the  sums  assured  in  the  exist- 
ing policies. 

6th.  The  president  of  the  society  shall,  within  thirty  days 
after  the  balance  statement  is  made  up,  transmit  a  copy 
tliereof,  signed  and  sworn  to  by  the  president  and  a  major- 
ity of  the  directors,  and  also  by  the  auditor,  or  auditors,  and 
countersigned  by  the  secretary  of  the  society,  to  the  Secre- 
tary of  the  Commonwealth,  to  be  by  him  laid  before  the 
Legislature. 

Sect.  7.  The  said  corporation  shall,  on  the  third  Mon- 
day of  January,  every  year,  pay  over  to  the  trustees  of  the 
Massachusetts  General  Hospital  one  third  of  the  net  profits, 
if  any,  which  shall  have  arisen  from  insurance  on  lives 
made  during  the  preceding  year. 

Sect.  8.  So  long  as  this  corporation  shall  well  and  truly 
pay  to  the  General  Hospital  the  aforesaid  share  of  profit,  it 
shall  not  be  lawful  for  any  persons  or  corporation  within 
the  Commonwealth  to  make  insurance  on  lives  upon  land, 
unless  empowered  so  to  do,  by  any  future  Legislature  of 
this  Commonwealth.     And  whenever  any  persons  or  corpo- 


General  bal- 
ance state- 
ments, when  to 
be  made  and 
what  particu- 
lars to  contain. 


Contributions 
and  interest 
received. 

Expenses. 
Losses. 


Balance  on 
hand. 

Investment  of 
balance,  cash 
on  hand, and 
sums  assured. 

Attested  bal- 
ance statement 
to  be  transmit- 
ted to  the  sec- 
retary for  the 
Legislature. 


Proportion  of 
profits  to  be 
annually  paid 
to  the  IVIassa- 
chusetts  Gen- 
eral Hospital. 

Obligation  of 
such  payments, 
on  what  condi- 
tions to  be  con- 
tinued. 


284 


1844.- 


-Chap.  175—176. 


ration  shall  hereafter  be  thus  empowered,  the  obhgation  of 
this  corporation  to  pay  the  trustees  of  the  General  Hospital, 
for  the  use  of  said  hospital,  the  third  part  of  the  net  profits 
which  may  thereafter  arise  on  insurance  on  lives,  shall 
cease,  unless  the  same  obligations  shall  be  imposed  on  such 
persons  or  corporation  thus  hereafter  empowered.  [Ap- 
proved by  the  Governor^  March  16,  1844.] 


ChapMQ. 


Where  the 
road  may  be 
straisrhtened. 


Provisions  for 
indemnity  to 
Mjtcalf  and 
HacKett. 


Right  of  Fitch- 
burg  Rail-road 
Company. 


Corporation 
may  reserve 
their  present 
track  for  cer- 
tain purposes, 
&c. 


An  Act  to  straighten  the  Charlestown  Branch  Rail-road,  and  for  other  pur- 
poses. 

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

Sect.  1.  The  Charlestown  Branch  Rail-road  Company 
are  hereby  authorized  to  straighten  their  rail-road  in  !Som- 
erville,  and  across  the  Lowell  Rail-road,  coiTimencing  at  or 
near  Prospect  street  bridge  so  called,  and  running  across 
the  Medford  road,  near  the  bridge  over  Miller's  creek ; 
thence  southeasterly  of  Hiram  Hackett's  house  to  a  point 
on  their  rail-road,  easterly  of  their  present  junction  with 
the  Lowell  Rail-road,  and  near  the  same.  //  is,  however, 
expressly  jnovided,  that  inasmuch  as  a  certain  lot  of  land 
owned  by  Caleb  Metcalf  and  Hiram  Hackett,  and  contain- 
ing between  four  and  five  acres,  situate  near  the  aforesaid 
junction,  will  be  greatly  injured  by  the  proposed  straighten- 
ing of  said  rail-road,  said  Charlestown  Branch  Rail-road 
Company  shall,  and  they  are  hereby  authorized  to  take  the 
whole  of  said  land,  and  the  improvements  thereon,  at  the 
fair  value  thereof,  which  shall  be  fixed  by  three  disinterest- 
ed referees,  one  to  be  chosen  by  said  proprietors  or  their 
representatives,  one  by  said  Charlestown  Branch  Rail-road 
Company,  and  the  tliird  by  the  two  referees  thus  chosen ; 
the  award  of  whom,  or  a  majority  of  them,  shall  be  final. 
The  said  referees  shall  first  fix  and  ascertain  the  value  of 
the  aforesaid  real  estate,  before  the  said  Charlestown  Branch 
Rail-road  shall  enter  thereon.  And  in  case  said  proprietors 
or  their  representatives  decline  or  neglect  to  appoint  their 
referee,  after  notice  by  said  Charlestown  Branch  Rail-road 
Company,  the  said  Charlestown  Branch  Rail-road  Company 
may  locate  their  road  across  said  land,  and  in  such  case  the 
damages  shall  be  assessed  according  to  law. 

Sect.  2.  It  is  further  provided,  that  the  Fitchburg  Rail- 
road Company  shall  have  the  same  rights,  title  and  interest 
in  the  new  road-bed,  thus  located  and  taken,  as  in  the  pres- 
ent road-bed  of  the  said  Charlestown  Branch  Rail-road 
Company. 

Sect.  3.  The  Charlestown  Branch  Rail-road  Company 
shall  use  the  new  track,  as  a  substitute  for  the  present  cross- 
ing of  the  Boston  and  Lowell  Rail-road ;  but  may  reserve 
their  present  track  as  far  as  necessary  for  the  purposes  of  a 


1844. Chap.  176—177.  285 

turn-out,  and  for  convenient  connection  with  the  Boston  and 

Lowell  Rail-road;  and  shall  make  and  maintain  their  new  Newcrossing 

crossing  in  such  manner  as  not  unreasonably  to  incommode  noitoincom- 

the  travel  on  the  Boston  and  Lowell  Rail-road,  and  shall  be  ton  and  Lowell 

under  the  same  obligations  in   relation  thereto,  as  they  are  road. 

now  under  by  the  2d  section  of  the  lOSth  chapter  of  the  acts 

and  resolves  of  184L 

Sect.  4.     The  said  Charlestown  Branch  Rail-road  Com-  May  build  au- 
pany  are  further  authorized  to  build  a  track  from  some  con-  other  track, 
venient  point  on  their  present  road  on  the  Fresh    Pond 
meadows,  across  the  Concord  turnpike,  to  Pickerel  Point  so 
called,  in  West  Cambridge. 

Sect.  5.     The  said  Charlestown  Branch  Rail-road  Com-  Liabilities  for 
pany  shall,  with  respect  to  the  new  portions  of  their  rail-  "hrrff^""^"^ 
road  hereby  authorized,  be  subject  to  all  the  duties,  liabili- 
ties and  restrictions,  and  have  all  the  powers  and  privileges, 
contained  in  the  39th  chapter  of  the  Revised  Statutes,  and 
other  statutes  relating  to  rail-road  corporations. 

Sect.  6.     The    said  company  shall  also  have  power  to  Maydiscon- 
discontinue  any  part  of  their  rail-road  hereby  superseded ;   ^mue  portions 
and  they  shall  be  under  all  liabilities  and  obligations  as  to  '     ' 

crossing  the  public  highways  with  their  new  track,  which  Liabilities  for 
they  are  now  under  with  respect  to  their  present  tracks  new  crossings, 
crossing  the  same  highways. 

Sect.  7.     This  act  shall    take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  16,  1844.]  &&^<^i- 

An  Act  to  incorporate  the  State  Mutual  Life  Assurance  Company  of  Wor-    f^i        -,  «« 

cester.  L/flttp  III* 

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

Sect.  1.     John  Davis,  Benjamin   Balch,  and  Clarendon  Persons  incor- 
Harris,  their  associates  and  successors,  are  hereby  made  a  po^ated  to  m- 
corporation  by  the  name  of  the  State  Mutual  Life  Assur-  ' 

ance  Company  of  Worcester,  for  the  purpose  of  making  as- 
surances on  single  lives,  joint  lives  and  survivorships,  and 
for  making  reversionary  payments,  on  the  principle  of  mu- 
tual contribution  and  mutual  participation  in  the  surplus 
funds,  or  otherwise,  with  all  the  powers  and  privileges,  and 
subject  to  all  the  duties  and  liabilities,  contained  in  the 
thirty-seventh  and  forty-fourth  chapters  of  the  Revised 
Statutes,  so  far  as  the  same  may  be  applicable  to  this  cor- 
poration. 

Sect.  2.     When  one  hundred  and  fifty  persons  have  sub-  When  to  be  or- 
scribed  to  become  members  of  the  said  company,  by  being  P"f^he'd^irec 
assured  for  one  or  more  years,  or  for  the  whole  term  of  life,   to^rs  to\e  dio- 
the  first  meeting  may  be  called  for  the  purpose  of  organiz-  *^°- 
ing  the  corporation,  but  only  one  half  of  the  whole  number 
of  directors  shall  then  be  chosen. 
37 


286 


1844.- 


-Chap.  177. 


Guarantee  cap- 
ital to  be 
$100,000,  half 
of  which  to  be 
paid  in  or  se- 
cured, &,c. 


Directors,  not 
chosen  at  the 
time  of  organi- 
zation, when 
and  how  to  be 
chosen. 


Capital,  how  to 
be  invested. 


Real  estate 
not  to  exceed 
5^10,000. 

Division  of 
surplus  funds ; 
■when  and  on 
what  principles 
to  be  made. 


Immediately  after  such  organization,  books  shall  be  open- 
ed for  the  subscription  of  a  guarantee  capital  of  one  hun- 
dred thousand  dollars,  to  be  divided  into  shares  by  the  cor- 
poration thus  organized,  half  of  which  shall  be  paid  in 
cash,  or  secured  as  hereinafter  provided  for  its  investment,  ' 
before  the  said  corporation  shall  go  into  operation  for  the 
purpose  of  making  assurances  ;  the  other  half  of  said  stock 
may  be  called  for  by  the  directors  so  elected,  from  time  to 
time,  when  they  deem  it  necessary  or  expedient,  and  shall  be 
paid  in  by  the  holders  of  the  stock,  which  shall  always  stand 
pledged  to  the  corporation  for  all  such  assessments  so  called 
for,  and  said  stock  shall  be  entitled  to  an  annual  dividend 
not  exceeding  seven  per  centum  on  the  amount  paid  in. 

Sect.  3.  As  soon  as  such  amount  of  stock  shall  be  so  sub- 
scribed and  paid  in,  as  aforesaid,  or  made  secure,  a  meeting 
shall  be  called  of  the  said  stockholders,  and  they  shall  elect 
from  their  own  number,  the  remaining  half  of  the  first  board 
of  directors  ;  and  at  every  future  election  of  directors,  until 
the  guarantee  stock  shall  be  redeemed,  one  half  the  num- 
ber shall  be  selected  from  the  assured,  and  the  other  half 
from  the  stockholders,  all  to  be  chosen  jointly. 

Sect.  4.  The  funds  of  the  said  company  shall  be  invested 
in  the  stocks  of  the  United  States,  of  the  State  of  Massachu- 
setts, of  the  city  of  Boston,  and  in  notes  secured  by  bond 
and  mortgage  of  unincumbered  real  estate  in  Massachu- 
setts, worth  three  times  the  amoinit  loaned  thereon. 

The  said  company  may  hold  real  estate  to  an  amount  not 
exceeding  ten  thousand  dollars,  for  the  purpose  of  securing 
suitable  offices  for  the  institution. 

Sect.  5.  At  the  expiration  of  every  three  years  after  the 
expiration  of  the  first  year,  there  shall  be  a  general  investi- 
gation of  the  affairs  of  the  company  for  the  past  three 
years,  with  an  estimate  of  the  surplus  funds,  Avhich  may 
remain  after  providing  for  all  risks,  losses  and  inciden- 
tal expenses.  If  it  shall  appear  after  the  investigation, 
that  there  is  a  surplus  fund  more  than  equivalent  to  the  | 
amount  of  debts  and  claims  against  the  funds,  one  third  of  ■ 
the  estimated  surplus  funds  and  receipts  shall  be  sat  aside, 
with  its  accumulations,  as  a  reserved  fund,  to  be  applied  to 
the  redemption  of  the  guarantee  stock  ;  and  whenever,  after 
the  expiration  of  ten  years  from  the  time  of  organizing  the 
corporation,  the  amount  of  such  reserved  funds  shall  be 
sufficient  for  the  purpose,  and  the  assured  shall  vote  to  re- 
deem the  said  guarantee  stock,  the  same  shall  be  redeemed. 
The  remaining  two  thirds  of  the  estimated  surplus  funds 
shall  be  equitably  divided  among  the  existing  policies,  for 
one  or  more  years,  or  for  the  whole  term  of  life,  in  propor- 
tion to  the  respective  amounts  of  premium  each  has  paid, 
either  by  single  contribution,  or  by  uniform  annual  con- 
tributions, and  allocated   to  the  original  sum  insured,  as  a 


1844.- 


-Chap.  177. 


287 


bonus,  or  reversionary  addition,  payable  when  the  poHcy 
emerges  and  becomes  a  claim. 

Sect.  6.  Within  thirty  days  after  the  expiration  of  four 
years  from  the  time  of  organizing  the  company,  and  within 
thirty  days  after  the  expiration  of  every  subsequent  three 
years,  the  company  shall  cause  to  be  made  a  general  bal- 
ance statement  of  the  aflairs  of  the  said  company,  which 
shall  be  entered  in  a  book  prepared  for  such  purpose.  Such 
statement  shall  contain — 

1st.  The  amount  of  contributions  received  daring  the 
said  period,  and  the  amount  of  interest  received  from  in- 
vestments and  loans. 

2d.  The  amount  of  expenses  of  the  said  corrmany  during 
the  same  period. 

3d.  The  amount  of  losses  incurred  during  the  same 
period. 

4rh.    The  balance  remaining  with  the  said  company. 

5th.  The  nature  of  tne  S3curi^v  in  which  the  said  bal- 
ance is  invested  or  loaned,  and  the  amount  of  cash  on  hand, 
and  the  aggregate  amount  of  the  sums  assured  in  the  exist- 
ing policies. 

6th.  The  president  or  vice  president  of  the  company 
shall,  within  thirty  days  after  the  balance  statement  is 
made  up,  transmit  a  copy  thereof,  signed  and  sworn  to  by 
the  president  and  vice  president,  and  a  majority  of  the  di- 
rectors, and  also  by  the  auditor,  actuary  or  secretary,  to  the 
secretary  of  the  Commonwealth,  to  be  by  him  laid  before 
the  legislature. 

Sect.  7.  The  said  corporation  shall,  on  the  third  Mon- 
day of  January  every  year,  pay  over  to  the  trustees  of  the 
Massachusetts  General  Hospital,  one  third  of  the  net  profits, 
if  any,  which  shall  have  arisen  from  insurance  on  lives 
made  during  the  preceding  year. 

Sect.  S.  So  long  as  this  corporation  shall  well  and  truly 
pay  to  the  General  Hospital  the  aforesaid  share  of  profit,  it 
shall  not  be  lawful  for  any  persons  or  corporation  within 
the  Commonwealth,  to  make  insurance  on  lives  upon  land, 
unless  empowered  so  to  do,  by  any  future  legislature  of  this 
Commonwealth.  And  whenever  any  person  or  corporation 
shall  hereafter  be  thus  empowered,  the  obligation  of  this 
corporation  to  pay  the  trustees  of  the  General  Hospital,  for 
the  use  of  said  hospital,  the  third  part  of  the  net  profits 
which  may  thereafter  arise  on  insurance  on  lives,  shall  cease, 
unless  the  same  obligation  shall  be  imposed  upon  such  per- 
sons or  corporation  thus  hereafter  empowered.  [Approved 
by  the  Governor,  March  16,  1844.] 


General  bal- 
ance state- 
ments, when  to 
he  made,  and 
what  particu- 
lars to  contain. 


Contributions 
and  interest 
received. 

Expenses. 
Lossr  -, 


Ealance  on 
hand. 

Investment  of 
balance,  cash 
on  hand,  and 
sums  assured. 

Attested  bal- 
ance statement 
to  be  transmit- 
ted to  the  sec- 
retary for  the 
Lesislature. 


Proportion  of 
prohls  to  be 
annually  paid 
to  the  Massa- 
chusetts Gen- 
eral Hospital. 

Obligation  of 
such  payments, 
on  what  condi- 
tions to  be  con- 
tinued. 


288 


1844.- 


-Chap.  178. 


ChapllS. 


Judges  of  pro- 
bate and  mas- 
ters in  chance- 
ry, to  hold  a 
court  every 
month  for  the 
determination 
of  cases  of  in- 
solvency, &c. 


Said  courts  to 
be  always  open 
for  the  recep- 
tion of  peti- 
tions, &c. 


Debts  by  defal- 
cation in  public 
office,  &c.,  to 
be  excepted 
from  discharsre. 


Provisions 
when  assets  of 
a  debtor 
amount  to,  or 
fall  short  of, 
fifty  per  cent. 


Discharge  un- 
der a  second 
insolvency, 
when  to  be 
valid. 


An  Act  in  further  addition  to  the  several  Acts  for  the  Relief  of  Insolvent 
Debtors,  and  the  more  equal  distribution  of  their  effects. 

BE  it  enacted  by  the  Senate  and  Honse  of  Repi'esenta- 
tives,  in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  follows : 

Skct.  1.  Ev^cry  judge  of  probate,  or  master  in  chancery, 
shall,  on  the  second  Monday  of  every  month,  hold  a  court 
in  some  convenient  place,  for  the  proof  of  claims,  the  ex- 
amination of  debtors,  the  granting  of  discharges,  the  settle- 
ment of  assignees'  accounts,  and  the  declaring  of  dividends 
in  cases  pending  l)efore  him,  and  for  doing  any  other  mat- 
ter now  cognizable  before  said  judge  or  master,  relating  to 
insolvency,  and  said  proceedings  shall  be  transacted  only 
in  said  court,  and  after  due  notice  to  all  parties  in  interest; 
and  if  all  the  business  in  insolvency  before  said  judge  of 
probate,  or  master  in  chancery,  cannot  be  completed  on  said 
day,  said  judge  of  probate,  or  master  in  chancery,  may  ad- 
journ his  court  to  the  next  day.  and  so  from  day  to  day, 
until  the  same  shall,  legally  and  properly,  with  all  reason- 
able despatch  be  disposed  of. 

Sect.  2.  Said  courts  shall  be  considered  open  at  all 
times  for  the  reception  of  petitions,  the  issuing  of  warrants, 
the  approval  of  compositions,  assignees'  bonds  and  sales, 
requiring  the  approval  of  a  judge  of  probate,  or  master  in 
chancery. 

Sect.  3.  No  debt  hereafter  created  by  the  debtor's  de- 
falcation as  a  public  officer,  executor,  administrator,  guar- 
dian, receiver,  trustee,  or  assignee  of  an  insolvent  estate, 
shall  be  discharged  under  this  act,  but  the  creditor  thereto 
may  prove  the  same,  and  the  dividend  declared  thereon, 
shall  he  payment  for  so  much  of  said  claim,  and  every  cer- 
tificate of  said  discharge  sliall  contain  a  statement  of  the 
debts  created  as  aforesaid,  to  be  exempted  therefrom. 

Sect.  4.  If  the  assets  of  the  estate  of  any  debtor  shall 
pay  fifty  per  cent,  of  the  claims  proved  against  his  estate, 
he  shall  be  discharged  from  all  claims  against  his  estate, 
excepting  those  mentioned  in  the  third  section  ;  and  if  said 
assets  pay  less  than  fifty  per  cent,  on  all  claims  proved  as 
aforesaid,  the  debtor  shall  be  discharged  from  all  claims 
against  his  estate,  excepting  those  mentioned  in  the  third 
section,  unless  a  majority  in  value,  of  his  creditors,  who 
shall  have  proved  their  claims,  shall  dissent  therefrom 
within  six  months  after  the  date  of  the  assignment,  and  if 
they  do  thus  dissent  he  shall  not  be  discharged. 

Sect.  5.  No  discharge  of  a  debtor  under  this  act,  and 
the  acts  to  which  this  is  in  addition,  or  any  of  them,  shall 
be  granted,  or  valid,  if  said  debtor  shall  be  a  second  time 
insolvent  under  said  acts,  or  any  of  them,  and  the  assets 
of  his  estate  shall  fail  to  pay  fifty  per  cent,  of  the  debts  and 
claims  proved  against  him,  nnless  three  fourths,  in  value, 


1844. Chap.  178.  289 

of  the   creditors   whose    claims   are    proved,  shall  assent 
thereto  in  writing. 

Sect.  6.     No  discharge  of  a  debtor  under  this  act,  and  No  discharge 
the  aforementioned  acts,  or  any  of  them,  shall   be  granted  under  a  third 
or  valid,  if  said  debtor  shall  be  a  third  time  insolvent  un-  ^'^^°  ^ency. 
der  said  acts  or  any  of  them. 

Sect.  7.     Whenever  an  assignee  shall  have  received  from  Assignee  to 
the  estate  assets  sufficient  to  pay  fifty  per  centum  of  the  cemiy,  &.c., 

,,  II-  1  ••1^1         III  ■  r      concerning  as- 

debts  and  claims  proved  agamst  said  estate,  he  shall  certiiy  sets  received. 

the  fact,  and  render  his   accounts  therefor  to   the  judge  of 

probate,  or  master  in  chancery,  before  whom  the  case  is 

pending;    and   again,    whenever  he  shall   have    received 

twenty-five  per  centum  more   from  said  assets,  he    shall 

certify  and  render  his  accounts  therefor,  as  aforesaid  ;  and 

the  said  assignee  shall  certify  and  render  his  accounts  at 

any  time  when  required  thereto  by  the  judge  of  probate  or 

master  in  chancery,  before  whom  the  process  of  insolvency 

shall  be  pending,  without  regard   to  the  amount  of  assets 

then  in  his  hands. 

Sect.  8.     No  discharge  of  any  debtor  under  this  act,  and  Discharge  for- 
the  aforementioned  acts,  or  any  of  them,  shall  be  granted,   tain  prtceeX' 
or  valid,  if  the  debtor  hereafter,  when  insolvent,  shall  with-  ings  in  fraud  of 
in  one  year  next  before  filing  of  the  petition,  by  or  against  ^'^^'^*^°'"^- 
him,  pay  or  secure,  either  directly  or  indirectly,  in  whole 
or  in  part,  any  borrowed  money  or  pre-existing  debt,  or  any 
liability  of  his  or  for  him,  if  the  creditor  proves  that,  at  the 
time  of  making  said  payment,  or  giving  said  security,  the 
debtor  had  reasonable  and  sufiicient  cause  to  believe  him- 
self insolvent. 

Sect.  9.     In  addition  to  the  several  causes  for  proceeding  Additional 
against  an  insolvent  debtor,  enumerated   in  the  statute  of  causesjor^  pro- 
1838,  chap.  163,  sect.  19,  if  any  person  shall    remove  him-  an^'insolvent"^ 
self,  or  his  property,  or  any  part  thereof,  from  the  Common-  debtor, 
wealth,  with  intent  to  defraud  his  creditors,  or  shall  con- 
ceal  himself  to  avoid  arrest,  or  his  property,  or  any  part 
thereof,  to  prevent  its  being  attached,  or  taken  on  any  legal 
process,  or  procure  himself  or  his  property  to   be  arrested, 
attached,  or  taken  on  any  legal  process,  or  make  any  fraud- 
ulent conveyance,  or  transfer,  of  liis  property,  or  any  part 
thereof,  then  any  of  his  creditors,  whose  claims,  proveable  Proceedings  in 
against  his  estate  under  this  act,  and  the  aforementioned  such  cases  to 
acts,  or  any  of  them,  amount  to  the  sum  of  one  hundred 
dollars,  may  apply  by  petition,  stating   the  facts  and  the 
nature  of   said  claim  or  claims,  verified  by  oath,   to  the 
judge  of  probate  or  the  master  in  chancery  in  the  county 
in  which  said  debtor  resides,  or  last   resided,  praying  that 
his  estate  may  be  seized  and  distributed  according  to  law; 
and  thereupon  the  judge  of  probate,  or  master  in  chancery, 
after  notice  of  the  presentment  of  said   petition,  given  to 
said  debtor  by  a  copy  thereof,  served  personally  on  said 


290 


1844.- 


-Chap.  178. 


Warrant,  to 
•whom  to  be 
directed. 

Assignees  to 
gives  bonds, 
&c.,  provided, 
&c. 


Creditor  may 
proceed,  &c., 
unless  attach- 
ment on  mesne 
process,  &c.,  be 
dissolved  in  a 
certain  time 
and  manner. 


Former  provis- 
ion in  favor  of 
creditors  to  the 
amount  of  $100, 
extended. 


Proceedings  in 
case  of  removal 
of  debtor  from 
the  Common- 
wealth. 


debtor,  or  left  at  his  last  and  usual  place  of  abode,  and  a 
hearing  before  said  judge  of  probate,  or  master  in  chancery, 
of  the  petitioners  and  debtor,  or  his  default  to  appear  at  the 
time  and  place,  in  said  notice  appointed,  if  the  facts  set 
forth  in  said  petition  shall  appear  to  said  judge  of  probate, 
or  master  in  chancery,  to  be  true,  he  shall  forthwith  issue 
his  warrant  to  take  possession  of  the  estate  of  said  debtor, 
and  such  further  piocoedings  shall  be  had  as  are  provided, 
and  may  be  necessary,  for  distributing  the  saiue  among  the 
creditors  of  such  debtors,  according  to  the  intent  of  said 
acts. 

Sect.  10.  The  warrant  shall,  in  all  cases,  be  directed  to 
the  sheriff,  or  f^.ilher  of  his  deputies,  in  the  county  in  which 
the  debtor  resides,  or  last  resided. 

Sect.  11.  The  assignee  or  assignees  chosen  or  appointed, 
as  is  provided  in  the  acts  to  which  this  is  in  addition,  or 
any  of  them,  if  required  by  a  majority  in  value  of  the 
creditors  who  have  proved  their  claims,  before  en'ering  on 
the  duties  of  his  or  their  said  office,  shall  give  bonds  to  the 
judge  of  probate  or  master  in  chancery,  before  whom  the 
proceedings  shall  be,  with  sufficient  surety  or  sureties,  for 
the  faithful  performance  of  their  duties.  Said  bonds  shall 
be  approved  by  the  judge  of  probate  or  master  in  chancery, 
by  his  endorsement  thereon,  and  shall  be  filed  Avith  the 
record  of  the  case,  and  enure  to  the  benefit  of  all  creditors 
who  may  prove  their  claims,  and  may  be  prosecuted  in  the 
manner  provided  by  law  for  the  prosecution  of  bonds  given 
to  judges  of  probate  by  administrators  or  executors. 

Sect.  12.  If  any  person  whose  goods  or  estate  are  at- 
tached on  mesne  process,  in  any  civil  action  founded  on 
contract,  for  the  sum  of  one  hundred  dollars  or  upwards, 
shall  not  within  fourteen  days  from  the  return  day  of  the 
writ,  if  the  term  of  the  court  to  which  the  process  is  re- 
turnable, shall  so  long  continue,  or  on  or  before  the  last  day 
of  said  term,  if  said  court  shall  sooner  rise,  dissolve  the  at- 
tachment in  the  manner  referred  to  in  said  19th  section  of 
the  163d  chapter  of  the  statutes  of  1838 — any  creditor  may 
proceed  against  such  person  in  the  manner  provided  for  in 
said  act. 

Sect.  13.  The  provision  contained  in  the  said  19th  sec- 
tion of  the  ]G3d  chapter  of  the  statutes  of  1838,  in  favor  of 
any  creditor  having  a  demand  to  the  amount  of  one  hun- 
dred dollars,  for  which  a  suit  might  be  brought,  shall  he 
extended  to  any  creditor  to  that  amount,  notwithstanding 
the  debt  may  not  have  become  payable,  and  a  right  of  ac- 
tion accrued  thereon.  And  whenever  any  debtor,  against 
whom  a  petition  for  a  process  of  insolvency  may  be  pre- 
ferred, as  provided  for  in  the  act  aforesaid,  shall  have  re- 
moved from  the  Commonwealth,  the  proceedings  may  be 
instituted  and  prosecuted  in   the  county  in  which  he  last 


1844.- 


-Chap.  178. 


291 


resided  therein  :  provided  he  had  a  residence  in  the  Com- 
monwealth within  one  year  next  before  the  commencement 
of  said  process. 

Sect.  ]  4.  The  judge  of  probate  or  master  in  chancery, 
shall  be  paid  for  receiving  and  allowing  the  original  peti- 
tion, and  issuing  his  warrant  thereon,  the  sum  of  two 
dollars. 

Sect.  15.  Any  officer  having  jurisdiction  under  this  act, 
and  the  several  acts,  to  which  this  is  an  addition,  shall 
have  power  and  authority  to  finish  and  close  any  case  of 
insolvency  which  may  have  been  entered  before  him  during 
his  term  of  office,  any  limitation  of  his  commission  and 
powers  to  the  contrary  notwithstanding;  and  in  case  of  the 
death  of  any  judge  of  probate  or  master  in  chancery,  pend- 
ing a  process  of  msolvency  before  him,  the  papers  and  pro- 
ceedings in  the  case  may  be  transferred  to  the  successor  of 
such  judge  of  probate,  or  to  any  master  in  chancery  in  the 
same  county,  who  shall  have  jurisdiction  thereof,  and  may 
further  proceed  therein,  in  the  same  manner  as  though  the 
said  process  had  been  instituted  before  him. 

Sect.  16.  All  courts  and  meetings,  by  this  act  provided 
to  be  held  by  a  judge  of  probate  or  master  in  chancery, 
may  be  adjourned  in  case  of  his  absence,  by  the  clerk. 

Sect.  17.  All  acts  and  parts  of  acts,  inconsistent  with 
the  provisions  of  this  act,  are  hereby  repealed.  [Approved 
by  the  Governor,  March  16,  1844.  J 


Provided,  &c. 


Fee  to  judge 
or  master. 


Provision  for 
closing  cases 
of  insolvency, 
in  case  of  the 
death  or  close 
of  official  ser- 
vice of  masters, 
&c. 


Courts,  &c. 
may  be  ad- 
journed by  the 
clerk. 

Repeal  of  in- 
consistent pro- 
visions. 


RESOLVES 


PASSED   BY   THE 


fLtQislatuvt  of  ^assati^usttts. 


Resolves  concerning  an  amendment  to  the  Constitution  of  the  United  States. 

Resolved,  That  the  following  amendment  to  the  constitu- 
tion of  the  United  States  be,  and  hereby  is,  recommended 
to  the  consideration  of  Congress,  to  be  acted  on  according 
to  the  fifth  article.  The  third  clause  of  the  second  section 
of  the  first  article  shall  read  in  the  words  following:  Rep- 
resentatives and  direct  taxes  shall  be  apportioned  among 
the  several  states,  which  are  or  may  be  included  within 
this  union,  according  to  their  respective  numbers  of  free 
persons,  excluding  Indians  not  taxed.  The  actual  enu- 
meration shall  be  made  within  two  years  from  the  date  of 
the  adoption  of  this  amendment,  in  the  manner  provided  by 
the  constitution,  and  within  every  subsequent  term  of  ten 
years  in  such  manner  as  the  Congress  shall  by  law  direct. 
The  number  of  representatives  shall  not  exceed  one  for 
every  thirty  thousand;  but  each  state  shall  have  at  least 
one  representative. 

Resolved,  That  his  excellency  the  governor  be  requested 
to  transmit  a  copy  of  the  aforegoing  resolve,  and  the  pro- 
posed amendment,  to  each  of  the  senators  and  members  of 
the  house  of  representatives  of  this  Commonwealth  in  the 
Congress  of  the  United  States. 

Resolved,  That  his  excellency  the  governor  be  requested 
to  transmit  a  copy  of  the  same  resolve  and  amendment,  to 
the  executive  of  the  United  States,  and  of  the  several 
states. 

Resolved,  That  the  aforesaid  senators  and  representa- 
tives be  requested  to  use  their  best  exertions  to  procure  the 
adoption  of  the  amendment  now  proposed,  by  the  Congress 
of  the  United  States.  [Apoioved  by  the  Governor,  Jan.  16, 
1844] 

38 


Chap.  1. 


Amendment 
proposed,  to 
apportion  rep- 
resentatives 
and  direct  taxes 
among  the 
states  accord- 
ing to  numbers 
of  free  persons, 
excluding  In- 
dians not 
taxed. 


Copies  of  this 
resolve  to  be 
transmitted  to 
iiiemhers  of 
Congress  from 
Massachusetts. 

And  to  the 
president  and 
governors. 


Members  of 
Congre<!S  re- 
quested to 
exert  them- 
selves for  the 
adoption  of  the 
proposed 
amendment. 


294 


1844. Chap.  2,  3,  4,  5. 


Chap.  2. 


Not  more  than 
$250,000  to  be 
borrowed, 
■when,  and 
when  to  be 
repaid. 


Chap.  3. 


Allowance  of 
$75  annually 
for  2  years  to 
Wm.  C.  Read. 


Chap.  4. 


Allowance  of 
$68.86  to  de- 
fray the  ex- 
f)enses  of  the 
ast  sickness 
and  burial  of 
Hon.  William 
Whitaker. 


Chap.  5. 


Allowance  of 
$34  81   on 
school  account. 


Resolve  authorizing  the  Treasurer  to  borrow  money  in  anticipation  of  the 

Revenue. 

Resolved,  That  the  treasurer  of  this  CommonM^ealth  be, 
and  he  is  hereby  authorized  to  borro\\%  in  anticipation  of 
the  receipts  of  the  present  year,  of  any  of  the  banks  of 
this  Commonweahh,  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  suflicient  for  the 
purpose  and  not  otherwise  appropriated,  shall  be  received 
into  the  treasury  :  provided,  hotvever,  that  the  whole  amount 
borrowed  by  authority  hereof,  and  remaining  unpaid,  shall 
not  at  any  time  exceed  the  sum  of  two  hundred  and  fifty 
thousand  dollars.  [Approved  by  the  Governor,  Jan.20, 1844.J 

Resolve  on  the  Petition  of  William  C.  Read. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
there  be  allowed  and  paid  out  of  the  treasury  of  the  Com- 
monwealth to  William  C.  Read,  the  sum  of  seventy-five 
dollars  a  year,  for  the  two  years,  eighteen  hundred  and 
forty-four  and  eighteen  hundred  and  forty-five,  and  that 
his  excellency  the  governor  be  authorized  to  draw  his  war- 
rants accordingly.  [Approved  by  the  Governor,  Feb.  3, 
1S44.] 

Resolve  to  pay  the  expenses  attending  the  last  sickness  of  Hon.  William 

Whitaker. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  Shepard  Cary,  the  son- 
in-law  and  attending  relative  of  the  late  Hon.  William 
Whitaker,  in  his  last  sickness,  and  in  the  removal  of  his 
remains  for  interment  to  the  place  of  his  family  residence, 
the  sum  of  sixty-eight  dollars  and  eighty-six  cents,  being 
the  amount  paid  by  said  Cary  for  medical  attendance  and 
charges  in  the  last  sickness  of  said  late  senator,  and  in  the 
removal  of  liis  remains  from  Boston  to  New  Salem  for 
interment,  and  that  a  warrant  be  drawn  accordingly. 
[App?oved  by  the  Governor,  Feb.  3,  1844.] 

Resolve  on  the  Petition  of  the  town  of  Montague. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
there  be  paid  from  the  treasury  of  this  Commonwealth  to 
the  town  of  Montague,  the  sum  of  thirty-four  dollars  and 
eighty-one  cents,  being  the  balance  due  said  town  from  the 
income  of  the  state  school  fund  for  the  year  one  thousand 
eight  hundred  and  forty-two,  and  that  a  warrant  be  drawn 
therefor.     [Approved  by  the  Governor,  February  5,  1844.] 


1844. Chap.  6,  7,  8,  9. 


295 


Resolve  on  the  Petition   of  the  County  Commissioners  for  the  county  of    CJfid'n,  Q, 

Berkshire.  -^ 

Resolved^  for  reasons  set  forth  in  the  said  petition,  that  ^ji^^^nce  of 
there  be  allowed  and  paid  out  of  the  treasury  of  the    Com-  $26otothe 
mouwealth,  to  the  treasurer  of  the  county  of  Berkshire,  the  county; of  Berk- 

■'  snir6  lor  ins&nc 

sum  of  two  hundred  and  sixty  dollars,  in  full  for  expenses  state  paupers, 
paid  for  the  support  of  Halsey  Simonds  and  Rowland  Perk- 
ins, two  insane  state  paupers,  to  the  first  day  of  January, 
eighteen  hundred*  and  forty-four,  and  that  a  warrant  be 
drawn  accordingly.  [Appi^oved  by  the  Governor ^  February 
5,  1844.]. 

Resolve  on  the  Petition  of  George  B.  Wallace.  C^hnn     7 

Resolved^  for  reasons  set  forth  in  the  said  petition,  that 
there  be  allowed  and  paid  out  of  the  treasury  of  the  Com-    Allowance  to 
monwealth,  to  George  B.  Wallace,  the  sum  of  nine  hundred  GeorgeB.Wal- 
and  three  dollars,  and  that  the  governor  be  authorized  to  lace  of  $903. 
draw  his  Avarrant  accordingly.     [Approved  by  the  Governor , 
February  .5,  IS 44.] 


Resolve  on  the  Petition  of  Levi  N.  Campbell  and  others,  in  favor  of  Apollos 

Gardner. 

Resolved^  for  reasons  set  forth  in  the  said  petition,  that 
the  treasurer  of  the  town  of  Plainfield  is  hereby  authorized 
to  pay  to  Apollos  Gardner  the  sum  of  five  dollars  for  the 
militia  services  of  said  Gardner,  in  the  year  eighteen  hun- 
dred and  forty-two,  upon  his  establishing  his  claim  to  the 
same,  in  the  same  manner  and  form  as  if  his  return  had 
been  made  within  the  time  specified  by  law,  and  that  the 
amount  so  paid  shall  be  reimbursed  to  the  said  town  out  of 
the  treasury  of  this  Commonwealth  in  the  manner  provided 
by  law.     [Approved  by  the  Governor,  February  5,  1844.] 

Resolves  appointing  Publishers  of  the  Laws. 

Resolved,  That  William  Hayden  and  Thomas  M.  Brewer 
be,  and  they  are  hereby  appointed  publishers  of  the  laws 
and  resolves,  and  other  acts  of  the  Legislature  of  this  Com- 
monwealth, with  authority  officially  to  promulgate  the  same 
in  the  Boston  Atlas,  a  newspaper  published  in  the  city  of 
Boston,  for  one  year  from  the  first  day  of  February,  in  the 
year  one  thousand  eight  hundred  and  forty-four,  and  until 
another  publisher  of  the  laws  shall  be  appointed  in  their 
stead :  provided  the  said  Hayden  and  Brewer  cause  the  said 
laws,  resolves  and  acts  to  be  published  in  a  faithful  manner 
and  with  all  reasonable  dispatch. 

Resolved,  That  the  compensation  which  shall  be  allowed 
to  said  Hayden  and  Brewer  for  publishing  as  aforesaid, 
shall  not  exceed  the  usual  rate  of  compensation  heretofore 
granted  for  similar  services.  [Approved  bu  the  Governor, 
February  \2,  \SU.] 


Chap,  8. 


Treasurer  of 
Plainfaeld  to 
pay  to  Apollos 
Gardner  %o,  to 
be  reimbursed 
by  the  Com- 
monwealth, 
provided,  &c. 


Chap,  9. 


William  Hay- 
den and  Thom- 
as M.  Brewer 
appointed  pub- 
lishers of  tne 
laws,  &c. 


Provided,  &c. 


Compensation 
for  said  service. 


296 


1844- 


-Chap.  10,  11,  12,  13. 


Chap.  10. 


Allowance  of 
$63,135  22  to 
Tarious  corpo- 
rations and 
persons. 


Chap,  1 1 . 


Allo"'ance  to 
the  Massachu- 
setts Agricul- 
tural Society 
of  $600. 


Resolve  for  the  Payment  of  sundry  Pauper  Accounts. 
Resolved,  That  there  he  allowed  and  paid  out  of  the  pub- 
lic treasury,  to  the  several  corporations  and  persons  men- 
tioned in  the  accompanying  roll,  the  sums  set  against  their 
names  respectively,  amounting  in  all  to  the  sum  of  sixty- 
three  thousand  one  hundred  thirty-five  dollars  and  twen- 
ty-two cents,  in  full  discharge  of  the  accounts  to  which 
they  refer,  and  that  a  warrant  be  drawn  accordingly.  {Ap- 
proved by  the  Governor,  February  16,  1844] 

Resolve  on  the  Petition  of  the  Trustees  of  the  Massachusetts  Agricultural 

Society. 

Resolved,  That  there  be  paid  out  of  the  treasury  of  the 
Commonwealth,  to  the  treasurer  of  the  Massachusetts  Agri- 
cultural Society,  the  sum  of  six  hundred  dollars,  and  that 
his  excellency  the  governor  be  requested  to  draw  his  war- 
rant accordingly.  [A2)proved  by  the  Governor^  February 
19,  1844.J 


Chap.  12. 

Military  force 
required  on  the 
north  eastern 
frontier  of 
Maine. 


The  governor 
requested  to 
take  measures 
to  have  a  party 
of  United 
Stales  troops 
ordered  to  Fort 
Kent. 


And  to  for- 
ward these  re- 
solves to  the 
governor  of 
Maiae. 


Chap.  13. 


A  sum,  &c.,  to 
he  reserved 
from  the  pres- 
ent year's  in- 
come of  the 
school  fund, 
and  paid  to 
Savoy. 


Resolves  concerning  the  occupation  of  Fort  Kent,  on  Fish  River,  in    the 
State  of  Maine. 

Resolved,  That  the  unsettled  state  of  the  frontier  lately 
established  by  the  treaty  of  Washington,  on  the  north  east, 
imperatively  requires  that  the  protection  hitherto  conceded 
to  the  settlers,  as  well  as  the  property  of  the  state  of  Massa- 
chusetts, by  the  presence  of  a  small  military  force  of  the 
United  States,  should  not  for  the  present  be  withdrawn. 

Resolved,  That  his  excellency  the  governor  be  requested 
to  transmit  a  copy  of  these  resolutiojis  to  the  president  of 
the  United  States,  and  further  to  solicit  that  the  decision 
made  by  the  war  department  of  the  United  States,  by  vir- 
tue of  which  such  troops  have  been  withdrawn,  be  revers- 
ed, and  the  said  troops  be  again  stationed  at  Fort  Kent,  on 
the  Fish  River. 

Resolved,  That  his  excellency  the  governor  be  requested 
to  transmit  a  copy  of  the  aforegoing  resolves  to  the  governor 
of  the  state  of  Maine.  [Approved  by  the  Governor,  Febru- 
ary 19,  1844.1 

Resolve  on  the  Petition  of  the  Selectmen  and  School  Committee  of  Savoy. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
there  be  reserved  out  of  the  present  year  s  income  of  the 
school  fund,  for  the  benefit  of  the  town  of  Savoy,  a  sum 
equal  to  what  that  town  would  have  received  from  the 
last  year's  income  of  the  same,  if  the  return  of  the  school 
committee  of  the  said  town  had  been  allowed;  and  that 
the  sum  so  reserved,  be  added  to  the  share,  if  any,  to  which 
the  said  town  of  Savoy  may  be  entitled  in  the  present  year's 
income  of  the  said  fund.  [Approved  by  the  Governor,  Feb' 
ruary  22,  1S44.J 


1844. Chap    14,  15,  16,  17.  297 

Resolve  on  the  Petition  of  Richard  J.  Cleveland.  ChttV.   14. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  the 
treasurer  of  the  Common  weahh  is  hereby  authorized  and   Obligations  of 
empowered  to  give  up  to  Richard  J.  Cleveland  the  several  cievdand'to 
obligations  given  by  him  for  the  purchase  of  the  southeast  be  surrendered. 
quarter  of  township  six,  of  the  eighth  range  of  townships 
west  of  the  east  line  of  the  state  of  Maine.     [Approved  by 
the  Govei-nor,  February  22,  1844.] 

Resolve  in  favor  of  Walter  A.  Bryant.  -^,  -  „ 

Resolved,  That  for  reasons  set  forth  in  the  petition,  there   ^""jP*     ^' 
be   allowed   and   paid   to   Walter   A.   Bryant,   out  of  the 
treasury  of  the  Commonwealth,  the  sum  of  sixteen  ^^^  dol-  s/g^^e/^for  plb- 
lars,  in  full  compensation  for  his  services  in  publishing  the  Hshingiaws, 
laws  of  this  Commonwealth  in  the  year  one  thousand  eight  ^'^• 
hundred  and  forty ;  and  that  the  governor  be  authorized 
to  draw  his  warrant  accordingly.     [Approved  by  tlie  Gov- 
ernor, February  22,  1844.] 

A  Resolve  on  the  Petition  of  Samuel  0.  Dewey.  ChoV-    16. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
be  paid  out  of  the  treasury  of  this  Commonwealth,  to  Sam-  Allowance  of 
uel  O.  Dewey  of  Becket,   the  sum  of  fourteen  dollars  and  »i4  so  for  ar- 
fifty  cents,  in  full  for  services  and  expenses  in  arresting  a  tive!"^^  "^^' 
fugitive  from  justice,  and  that  the  governor  draw  a  warrant 
therefor  accordingly.    [Approved  by  the  Goverjior,  February 
22,  1844.] 

Resolve   on   the  Petition  of  the  County  Commissioners  of  the   county  of    QhcW.    17. 

Hampshire. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  the 
House  of  Correction,  in  Springfield,  in  the  county  of  Hamp-  House  of  Cor- 
don, may  be  used  as  a   House  of  Correction  for  the  county  ^^'^!'°"fi^", , 
of  Hampshire,  for  the  term  of  three  years  from  the  first  day  be  usfd'^for  ° 
of  June   next,  and    that   courts  sitting  in  the   county  of  Hampshire 
Hampshire  may  sentence  convicts  to  the  House  of  Correc-  years^from 
tion  in  said  county  of  Hampden  at  any  time  while  holding  June  ist,  is44. 
said  courts,  within  said  term  of  three  years,  and  that  said 
county  of  Hampshire  shall  be  held  to  pay  for  the  support  who  shall  pav 
of  convicts  from  said  county,  the  same  sum  as  the  county  &c.  for  support 
of  Hampden  pays  for  its  own  convicts,  with  such  addi-  of^onvicts. 
tional  sums  for  the  use  of  said   house,  as  shall  be  agreed 
upon  by  the  boards  of  county  commissioners  for  the  res- 
pective counties.     And  the  keeper  of  said  House  of  Correc-  Keeper  of 
tion  is  hereby  empowered  and  directed  to  receive  said  con-  house  shall re- 
victs  and  safely  to  keep  the  same,  and  the  sherifl^  of  Hamp-  riffy&c."of  ^''^' 
shire   and   his  deputies,  and   the  constables  of  the  several  Hampshire 
towns  in   the  county  of  Hampshire,  are   hereby  severally  ||iji" '^""^'^y' 
authorized  and  required  to  convey  to  said  House  of  Correc- 
tion, all  such  convicts  as  may  be  sentenced  thereto.     [Ap- 
proved by  the  Governor,  Feb.  23,  1844.] 


298 


1844. Chap.  18,  19,  20,  21. 


Chap.  18. 


Allowance  to 
heirs  of  Asa 
Batchelder, 
$50. 


Resolve  on  the  Petition  of  Jonathan  Batchelder  and  others. 

Resolved^  That  for  reasons  set  forth  in  said  petition, 
there  be  allowed  and  paid  out  of  the  treasury  of  this  Com- 
monwealth to  Jonathan  Batchelder,  Betsey  Batchelder, 
Adeline  P.  Baker,  Betsey  B.  Foster  and  Sally  S.  Foster, 
heirs  of  Asa  Batchelder,  the  sum  of  fifty  dollars,  in  full 
commutation  of  the  land  bounty  to  which  their  ancestor 
was  entitled  ;  and  that  the  governor  be  authorized  to  draw 
his  warrant  accordingly.  [Approved  by  the  Governor^  Feb. 
23,  1844.J 


Chap.  19. 


A  sum  &c.  to 
be  reserved 
from  the  pre- 
sent year's  in- 
come of  the 
school  fund, 
and  paid  to 
Harwich. 


Chap.  20. 


Towns  that 
have  not  made 
legal  returns  of 
payments  for 
militia  service, 
to  be  neverthe- 
less reimlnirsed 
by  the  Com- 
monwealth, 
provided,  &c. 


Resolve  on  the  Petition  of  the  Selectmen  of  Harwich. 

Resolved,  For  reasons  set  forth  in  the  said  petition,  that 
there  be  reserved  out  of  the  present  year's  income  of  the 
school  fund,  for  the  benefit  of  the  town  of  Harwich,  a  sum 
equal  to  what  that  town  would  have  received  from  the  last 
year's  income  of  the  same,  if  the  return  of  the  school  com- 
mittee of  the  said  town  had  been  properly  authenticated, 
and  that  the  sum  so  reserved,  be  added  to  the  share,  if  any, 
to  which  the  said  town  of  Harwich  may  be  entitled  in  the 
present  year's  income  of  the  said  fund.  [Approved  by  the 
Governor,  Feb.  23,  1844.] 

Resolve  in  relation  to  the  Militia  Bounty. 

Resolved,  That  the  several  towns  in  this  Commonwealth, 
which  have  not  the  past  year  made  their  returns  to  the  ad- 
adjutant  general,  of  the  amount  paid  by  said  towns  to  the 
volunteer  militia,  in  conformity  to  the  fifth  section  of  "  an 
act  concerning  the  militia,"  passed  on  the  seventeenth  day 
of  March,  in  the  year  one  thousand  eight  hundred  and  for- 
ty-one, be  nevertheless  reimbiu'sed  by  the  Commonwealth, 
upon  condition  that  the  mayor  and  aldermen,  or  the  select- 
men of  said  towns  shall  produce  satisfactory  evidence  to 
the  governor  and  council  that  the  amount  has  been  actually 
paid  by  said  towns.  [Ajjjjroved  by  the  Governor,  Feb.  23, 
1844.] 


Chap.  21. 


Allowance  to 
the  Bristol 
Agricultural 
Society,  $380. 


Chap.  22. 


Resolve  in  favor  of  the  Bristol  County  Agricultural  Society. 

Resolved,  That  for  reasons  set  forth  in  their  petition, 
there  be  allowed  and  paid  from  the  treasury  of  the  Com- 
monwealth to  the  Bristol  County  Agricultural  Society,  the 
sum  of  three  hundred  and  eighty  dollars,  being  in  full  for 
their  bounty  for  the  year  eighteen  hundred  and  forty-three; 
and  that  the  governor  be  authorized  to  draw  his  warrant 
accordingly.     [Approved  by  the  Governor,  Feb.  23,  1S44.] 

Resolve  concerning  the  Disputed  Territory  Fund. 
Resolved,  That  his  excellency  the  governor  be,  and  he  is 


1844. 


-Chap.  22,  23,  24. 


299 


The  governor 
requested  to 
obtain  further 
information  re- 
specting action 
had  upon  dis- 
puted territory 
fund  account, 
and  to  take 
measures  to  ob- 
tain a  better 
statement  of 
the  same. 


And  to  have 
further  action 
thereupon. 

And  to  trans- 
mit this  report 
to  the  governor 
of  Maine. 


hereby  requested  to  apply  to  the  executive  department  of 
the  United  States,  for  further  information  of  the  action  that 
may  have  been  had  upon  the  paper  purporting  to  be  an 
account  rendered  by  the  government  of  Great  Britain  under 
the  fifth  article  of  the  Treaty  of  Washington,  respecting  the 
Disputed  Territory  Fund,  and  also  to  invite  the  interposi- 
tion of  the  said  executive,  for  the  procuring  from  the  proper 
authorities  under  the  British  government,  of  a  more  full 
and  satisfactory  statement  of  said  account.  And  if  it  should 
appear  to  his  excellency  on  an  examination  of  said  accounts, 
that  the  interests  of  the  Commonwealth  require  further 
action  and  remonstrance,  he  is  hereby  authorized  to  com- 
municate with  the  government  of  the  United  States  thereon. 
Resolved,  That  his  excellency  the  go\^ernor  be  requested 
to  transmit  a  copy  of  the  aforegoing  resolve  to  the  governor 
of  the  slate  of  Maine.  \App7  0ved  by  the  Governor^  Feb. 
24,  1844.] 

Resolves  concerning  French  Depredations  on  American  Commerce,  previous    Chctp.  '23. 
to  the  Convention  of  1800.  -^ 

Resolved.  That  the  depredations  on  American  commerce, 
committed  by  the  authority  of  the  French  repubhc,  previous 
to  the  month  of  September,  one  thousand  eight  hundred, 
were  in  violations  of  the  law  of  nations,  and  of  existing 
treaties,  and  created  a  claim  which  the  government  of  the 
United  States  \vas  bound  by  its  duty  of  affording  protec- 
tion to  its  peaceable  citizens,  to  sustain  and  enforce. 

Resolved,  That  the  government  of  the  United  States, 
having,  by  the  ratification  of  the  Convention  of  September, 
thirtieth,  one  thousand  eight  hundred,  with  amendmcnis, 
released  the  French  nation  from  said  claim,  for  a  valuable 
consideration,  assumed  the  obligations  thereof  upon  itself, 
and  is  bound  to  discharge  it. 

Resolved,  That  it  is  due  to  the  rights  of  individuals,  and 
to  the  honor  of  the  American  name,  that  speedy  provision 
should  be  made  by  act  of  congress,  for  the  rendering  of  jus- 
tice, which  has  been  so  long  delayed. 

Resolved,  That  his  excellency  the  governor  be  requested 
to  transmit  copies  of  these  resolves  to  the  senators  and  rep- 
resentatives from  this  Commonweahh,  in  congress,  and  to 
tiie  executives  of  the  several  states.  [Approved  by  the 
Governor,  Feb.  24,  1844.] 

A  Resolve  on  the  petition  of  the  Selectmen  of  the  town  of  Rowley. 

Resolved,  For  reasons  set  forth  in  the  petition,  that  there 
be  paid  out  of  the  treasury  of  this  Commonwealth  to  the 
treasurer  of  the  town  of  Rowley,  the  sum  of  forty  dollars, 
in  full  for  money  paid  in  the  year  one  thousand  eight 
hundred  and  forty-three,  for  militia  bounty,  and  that  the 
governor  draw  a  warrant  therefor  accordingly.  [Approved 
by  the  Governor,  Feb.  24,  1844.] 


The  French 
government  li- 
able for  spolia- 
tions on  Amer- 
ican commerce. 


Said  liability 
assumed  by  the 
government  of 
the  United 
States. 


Speedy  provis- 
ion should  be 
made  for  dis- 
charging the 
obligation. 

Copies  to  be 
transmitted  to 
governors  and 
memliers  of 
Congress  Irom 
Massachusetts. 


Chap.  24. 


Allowance  to 
Rowley  for 
mditia  bounty, 

$-10. 


300 


1844. Chap.  25,  26,  27,  28. 


Chap.  25, 

Appropriation 
of  «1260  for 
arranging  pa- 
pers and  docu- 
ments. 


Chap,  26. 


Road  in  Aroo- 
stook county, 
Maine,  to  be 
constructed  by 
the  land  aaent. 


The  cost  not  to 
exceed  $1000, 
and  to  be  de- 
frayed, &c. 


Kesolve  relating  to  the  Public  Archives. 

Resolved,  That  the  sum  of  twelve  hundred  and  sixty 
dollars  is  hereby  appropriated  to  be  expended  by  the  secre- 
tary of  the  Commonwealth,  under  the  direction  of  his  ex- 
cellency the  governor,  in  providing  for  completing  the 
arrangement  of  the  papers  and  documents  in  the  public 
archives  of  the  Commonwealth,  and  that  a  warrant  be 
drawn  accordingly.  [Approved  by  the  Governor,  Feb.  24, 
1844.] 

Resolve  on  the  petition  of  Charles  W.  Harding  and  others. 

Resolved,  For  reasons  set  forth  in  the  said  petition,  that 
the  land  agent  be  authorized  to  cause  a  road  to  be  sur- 
veyed, opened,  and  constructed  over  land  which  is  most 
suitable  and  most  likely  to  promote  the  settlement  of  the 
adjacent  townships,  from  some  place  at  or  near  Island 
Falls,  in  township  number  four  of  the  fourth  range,  to  a 
place  at  or  near  Gerry's  mills  in  township  number  three  of 
the  fifth  range,  both  of  said  townships  situate  in  the  county 
of  Aroostook,  and  state  of  Maine  and  being  the  property  of 
this  Commonwealth  :  provided  however,  that  the  cost  of  the 
same  shall  not  exceed  the  sum  of  one  thousand  dollars, 
and  shall  be  defrayed  out  of  the  sums  now  due,  or  which 
may  become  due,  by  the  settlers  upon  the  lands  benefited 
by  the  said  road.  [Approved  by  the  Goveryior,  Feb.  24, 
1844.] 


Chap.  27. 


Land  agent 
discharged 
from  the  pay- 
ment of 
$81,153  40. 


Chap.  28. 


Trustees  under 
■will  of  Simon 
Forrester  may 
sell  certain  real 
estate,  and  in- 
vest the  pro- 
ceeds, &c. 


Resolve  on  the  Accounts  of  the  Land  Agent. 

Resolved,  That  George  W.  Coffin,  land  agent  of  the 
Commonwealth,  be  and  he  is  hereby  discharged  from  the 
payment  of  the  sum  of  eighty-one  thousand  one  hundred 
and  fifty-three  dollars  and  forty  cents,  the  receipts  of  which 
is  acknowledged  in  his  account  with  the  Commonwealth, 
to  the  tenth  day  of  January,  one  thousand  eight  hundred 
and  forty-four.    [Approved  by  the  Governor,  Feb.  24,  1844.] 


A  Resolve  upon  the  petition  of  Leverett  Saltonstall  and  David  A.  Neal  for 
leave  to  sell  real  estate  held  by  them  in  trust. 

Resolved,  For  reasons  set  forth  in  said  petition,  that  Lev- 
erett Saltonstall  and  David  A.  Neal,  trustees  under  the  last 
will  and  testament  of  Simon  Forrester,  late  of  Salem,  de- 
ceased, be,  and  they  hereby  are  authorized  to  sell  at  public 
or  private  sale,  at  their  discretion,  and  to  convey  a  certain 
messuage  situate  on  the  south  side  of  Essex  street  in 
Salem  in  the  county  of  Essex,  which  was  lately  in  the 
occupation  of  Gideon  Barstow,  and  is  described  in  said 
petition,  and  to  invest  the  proceeds  of  said  sale  either  in 
whole,  or  in  part,  in  other  real  estate,  or  in  personal  estate, 
in  trust  for  the  same  uses  and  purposes  as  they  now  hold 


1844. Chap.  28,  29,  30,  31. 


301 


said  real  estate,  and  none  other  :  provided,  that  before  mak-  ^"t  must  first 
ing  such  sale,  they  shall  file  in  the  probate  office  of  the  ^^  ""  = 
coiiiily  of  Kssex,  a  bond  with  sittricieiit  sureties  to  the  ac- 
ceptance of  the  judge  of  probate  for  said  county,  conditioned 
that  said  trustees  shall  faithfully,  and  according  to  their 
best  judguient,  execute  the  authority  hereby  conferred, 
and  well  and  truly  account  for  the  proceeds  of  any  sale 
they  may  make  by  virtue  of  the  same,  [Approved  by  the 
Governor,  Feb.  24,  1844.J 

Resolves  relating  to  the  late  Military  Store  Keeper. 

Resolved,  That  the  governor,  with  the  advice  of  council, 
be  authorized  to  require  Henry  Sheafe,  the  late  military 
storekeeper,  to  surrender  up  and  account  for  all  the  books, 
papers  and  property,  which  at  any  time  came  into  or  were 
in  his  possession  as  such  officer,  and  have  not  already  been 
surrendered  up  or  accounted  for;  and  in  case  of  said 
Sheafe's  refusal  or  omission  to  render  a  full  and  proper 
account,  to  cause  a  suit  to  be  instituted  on  his  bond  by  the 
Commonwealth's  attorney  for  the  county  of  Suffolk. 

Resolved,  That  the  governor,  with  the  advice  of  council, 
be  authorized  to  settle  and  adjust  all  matters  in  controversy 
between  said  Sheafe  and  the  Commonwealth,  and  to  com- 
promise and  compound  all  claims  and  demands  against 
him,  and  on  the  adjustment  thereof,  to  give  him  the  said 
Sheafe,  a  full  discharge  and  release.  [Approved  by  the 
Governor,  Feb.  24,  1 844. J 

Resolve  to  pay  certain  Military  Bounties.  Chnrt    '^H 

Resolved,  That  there  be  paid  out  of  the  treasury  of  the 
Commonwealth  to  Frederick  A.  Clark,  Nathan  Kimball,  Allowances  for 
Henry  P.  Lapham,  and  Joseph  B.  Hill,  each  the  sum  of  military ser- 
five  dollars  for  military  services  rendered  during  the  year 
one  thousand  eight  hundred  and  forty-three,  and  the  sum 
of  five  dollars  to  Moses  E.  Darling,  for  like  services  ren- 
dered during  the  year  one  thousand  eight  hundred  and 
forty-two,  and  that  warrants  be  drawn  accordingly.  [Ap' 
proved  by  the  Governor,  Feb.  24,  1844.] 


Chap.  29. 


The  governor, 
with  advice, 
&c.,  to  institute 
proceedings  re- 
lating to  prop- 
erty in  the 
charge  of  the 
late  military 
store -keeper. 


And  to  adjust 
claims  of  the 
Common- 
wealth on  that 
officer. 


vice,  S25. 


Resolve  on  the  Petition  of  Harvey  Root  and  Spencer  Flower. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
the  trustees  under  the  last  will  and  testament  of  Elijah 
Lathrop,  late  of  West  Springfield,  in  the  county  of  Hamp- 
den, deceased,  be  and  they  are  hereby  authorized  and  em- 
powered to  sell  at  public  sale,  and  convey  the  real  estate 
which  was  left  in  trust,  by  the  said  Lathrop,  for  the  benefit 
of  his  son  Elijah  and  his  family;  and  after  deducting  from 
the  proceeds  of  said  sale  all  necessary  expenses  for  efi'ecting 
the  same,  to  be  allowed  at  the  discretion  of  the  judge  of 
39 


Chap.  31. 


Trustees  under 
the  will  of 
Elijah  Lathrop 
may  sell  cer- 
tain real  estate, 
&c. 


302 


1844. Chap.  31,  32,  3S,  34. 


But  must  in- 
Test  the  pro- 
ceeds, &c. 


And  must  first 
file  a  bond,  &c. 


Chap.  32. 


Sums,  &c.,  to 
be  reserved 
from  this  year's 
income  of  the 
school  fund, 
and  paid  to  four 
towns. 


Chap.  33. 


Allowance  to 
Norfolk  of 
$533  57  for  lu- 
natic state 
paupers. 


Chap.  34. 


Arbitration  a 
substitute  for 
war. 


Permanent  um- 
pires to  he 
preferred  to  oc- 
casional. 


The  federal 
government  de- 


probate,  within  and  for  the  county  of  Hampden,  the  said 
trustees  shall  safely  invest  the  proceeds  of  said  sale,  and 
keep  the  same  distinct  and  separate  from  all  other  funds  in 
their  hands,  to  the  same  uses  and  ultimate  disposal  as  is 
in  and  by  said  will  provided,  respecting  the  aforesaid  real 
estate  :  provided  however,  that  said  trustees  shall  first  give 
bond  to  the  judge  of  probate  for  said  county  of  Hampden, 
to  the  acceptance  of  said  judge,  that  they  shall  faithfully, 
according  to  their  best  discretion,  execute  and  discharge 
the  authority  and  duties  hereby  conferred  and  enjoined. 
[Approved  by  the  Governor,  Feb.  24,  1844.] 

Eesolve  in  favor  of  the  towns  of  Pelham,  Washington,  New  Salem  and  Mid- 

dleboro'. 

Resolved,  That  there  be  reserved  out  of  the  present  year's 
income  of  the  school  fund,  for  the  benefit  of  the  towns  of 
Pelham,  Washington,  New  Salem  and  Middleboro',  sums 
equal  to  what  those  towns  would  have  received  from  the 
last  year's  income  of  the  same,  if  the  school  committees  of 
those  towns  had  made  the  returns  required  by  law,  and 
that  the  smns  so  received  be  added  to  the  shares,  if  any,  to 
which  the  said  towns  of  Pelham,  Washington,  New  Salem 
and  Middleboro'  may  be  entitled,  from  the  present  year's 
income  of  the  said  fund.  [Ajjproved  by  the  Governor,  Feb. 
24,  1844.J 

A  Resolve  on  Petition  of  the  County  Commissioners  of  the  County  of  Norfolk. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
bo  paid  out  of  the  treasury  of  this  Commonwealth,  to  the 
treasurer  of  the  county  of  Norfolk,  the  sum  of  five  hundred 
and  thirty-three  dollars  and  fifty-seven  cents,  in  full  lor  the 
support  of  Betsey  Loomis,  from  the  24lh  of  November, 
1841),  to  the  1st  of  January,  1844,  and  of  .lohn  Asher,  from 
the  1st  of  January,  1843,  to  the  1st  of  January,  1844,  they 
being  lunatic  state  paupers,  and  that  the  governor  draw  a 
warrant  therefor  accordingly.  [Aj)pjoved  by  the  Governor, 
Feb.  24,  1844.] 

Resolves  on  the  Petition  of  John  P.  Andrews  for  the  promotion  of  Universal 

Peace. 

Resolved,  That  we  regard  arbitration  as  a  practicable  and 
desirable  substitute  for  war,  in  the  adjustment  of  interna- 
tional differences. 

Resolved,  That  a  system  of  adjudication,  founded  on  a 
well  digested  code  of  international  laws,  and  administered 
by  a  standing  court,  or  board  of  mutual  reference,  is  prefer- 
able to  the  occasional  choice  of  umpires,  who  act  without 
the  aid   or  restriction  of  established   principles  and  rules. 

Resolved,  Tliat  it  is  our  earnest  desire,  that  the  govern- 
ment of  the  United  Slates  would,  at  the  earliest  opportunity, 


1844. Chap.  34,  35,  36,  37.  303 

take  measures  for  obtaining  the  consent  of  the  powers  of  slept  forsuch 
Christendom  to  the  establishment  of  a  general  convention,  an mstiiution. 
or  congress  of  nations,  for  the  purpose  of  settUng  the  prin- 
ciples of  international  law,  and  of  organizing  a  high  court 
of  nations  to  adjudge  all  cases  of  difficulties  which  may  be 
brought  before  them  by  the  mutual  consent  of  two  or  more 
nations. 

Resolved,  That  his  excellency  the  governor  be  requested  Copies  to  be 
to  transmit  a  cony  of  these  resolves,  with  the  accompany-   transmiued  to 

.x^i  ^  1  ..•  r^X/T  I  memliers  of 

ing  report,  to  the  senators  and  representatives  ot  Massacnu-   Congress  n 


rom 


setts  in  the  congress  of  the  United  States,  with  instructions  Massachusetts, 
to  use  their  intlaence,  as  they  may  find  occasion,  in  fur- 
therance of  this  important  object.  [Approved  by  the  Gov- 
ernor, Febrtiary  24,  1844.] 

A  Resolve  on  the  Petitioa  of  the  County  Commissioners  of  the  County  of    nhfirt    35 

Hampden.  tr' 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 

X.  jxi-ii  c  A.\  ^         c   XX  1  *r    Allowance  of 

be  paid  to  the  treasurer  ot  the  county  oi  Hampden,   out  oi  $130  to  Hamp- 
the  treasury  of  this   Commonwealth,  the  sum  of  one  hun-  den  for  lunatic 
dred  and  thirty  dollars,  in  full  for  the  support  of  Catharine  ^"^^^^ p^^p^'^- 
Ryan,  a  lunatic  state  pauper,   for  the  year  1843,  and  that 
the  governor  draw  a  warrant  therefor  accordingly.     [Ap- 
proved by  the  Governor,  Feb.  24,  1844.] 

Resolve  to  pay  certain  Witnesses.  ChcLV.   3Q, 

Resolved,  That  the  sum  of  five  dollars  and  four  cents  be 
paid  to  Samuel  Thurlow  of  Georgetown,  four  dollars  and   Allowance  9f 
forty  cents  to  William  F.  Wade  of  Ipswich,  three  dollars  Sses '&J'^'in 
and  sixty  cents  each,   to  Al)raham  True,    Daniel  13.  Gard-   the  case  of  J. 
ner  and  Samuel   Dav  of  Salem, — two  dollars  thirty-two  ^-  Sp'^^S'^^- 
cents  to  Benjamin  Walker  of   Chelsea,  eleven  dollars  and 
eighty  cents  to  Nehemiah  Brown  of  Salem,  and  one  dollar 
fifty-five  cents  to  Watson   Freeman  of  Boston,  in  full   for 
their  respective  claims  for  fees  as  witnesses  and  sheritfs  on 
the  inquiry  under  the  order  of  this  house,  of  January    19, 
1844,  into  the  charges  against  Joseph  E.  Sprague,  esquire, 
sheriff  of  the  county  of  Essex,  and  tliat  a  warrant  be  drawn 
for  the  same  accordingly.    [Approved  by  the  Governor,  Feb. 
24,  1844.] 

Resolve  in  favor  of  the  town  of  Hanson.  /-^i  o« 

Resolved,  That  there  be  reserved  out  of  the  present  year's  "' 

income  of  the  school  fund  for  the  benefit  of  the  town  of   . 

TT  i*i*<i^.  Ill  ■        ^     Asum,  &c.,  to 

Hanson,  a  sum  equal  to  what  that  town  would  have  received  i,e  reserved 

from  the  last  year's  income  of  the  same,  if  the  school  com-  from  this  year's 

mittee  01   the   said   town   had  made  the  return  required  by  sdiooi  fund, 

law ;  and  that  the   sum  so  reserved  be  added  to  the  share,  ^nd  paid  to 
if  any,  to  which  the  said   town  of  Hanson   may  be  enti-      ^"''°°' 
tied  in   the  present  year's  income  of  the  said  fund.     [Ap- 
proved by  the  Governor,  Feb.  24,  1844.] 


304 


1844. Chap.  38,  39,  40,  41. 


Chap,  38. 


Trustee  under 
the  Will  of  Ben- 
jamin Dearborn 
may  sell,  &c. 
real  estate, 
provided,  &.c. 


But  must  first 
give  bond,  &c. 


Resolve  on  the  Petition  of  John  M.  Dearborn  and  others. 

Resolved^  for  reasons  set  forth  in  said  petition,  that 
Henry  Plympton,  the  trustee  under  the  will  of  Benjamin 
Dearborn,  late  of  the  city  of  Boston,  esquire,  deceased,  and 
any  future  trustee  or  trustees  who  may  be  appointed  to 
execute  the  trusts  under  said  will,  be  authorized  to  sell  at 
public  or  private  sale,  all  the  real  estate  of  which  said  Ben- 
jamin died  seized,  situate  on  Federal  street,  and  on  both 
sides  of  Theatre  alley  in  said  Boston,  and  in  the  town  of 
Cambridge  in  the  county  of  Middlesex  ;  and  convey  the 
same  by  sufficient  deeds  to  the  purchasers;  j^rovided,  that 
before  such  sale  the  trustee  or  trustees  give  bond,  with  suf- 
ficient sureties,  to  the  judge  of  probate  for  the  county  of 
Suffolk,  to  account  for  the  proceeds  thereof,  and  to  invest 
the  same  in  some  safe  manner,  upon  the  trusts  declared  in 
said  will  concerning  such  real  estate,  and  that  the  income 
of  said  proceeds  to  be  applied  in  the  same  manner  as  the 
income  of  the  estate  sold,  and  the  principal  to  be  secured  to 
the  use  of  the  Boston  Dispensary,  after  the  decease  of  the 
annuitants,  according  to  the  provisions  of  the  will ;  and  pro- 
vided also,  that  no  sale  of  said  real  estate  shall  be  made 
without  the  written  consent  of  all  the  petitioners  who  shall 
be  living  at  the  time  of  such  sale,  and  of  the  Boston  Dis- 
pensary.    [Appr'oved  by  the  Governor,  Feb.  24,  1844.] 

Chcfp.  39.    Resolve  authorizing  the  Land  Agent  to  improve  the   Eastern  Aroostook 

^  Road. 

Appropriation 
of  not  more 
than  S1500  to 
the  improve- 
ment oF  a  road 
in  Maine,  under 
the  charge  of 
the  land  agents 
of  Maine  and 
Massachusetts, 
provided  that 
Maine  appro- 
priate  an  equal 
sum,  and  that 
the  Common- 
wealth's treas- 
ury be  not  lia- 
ble. 


Resolved,  That  the  land  agent  of  this  Commonwealth, 
in  concurrence  with  the  land  agent  of  the  State  of  Maine, 
be,  and  he  is  hereby  authorized  to  expend  a  sum  not  ex- 
ceeding one  thousand  five  hundred  dollars,  in  the  improve- 
ment of  the  road  from  the  north  line  of  township  letter 
H,  in  the  second  range  west  from  the  east  line  of  the  State, 
to  the  St.  John's  river :  pj-ovided,  the  State  of  Maine  shall 
expend  an  equal  amount  with  Massachusetts  on  said  road : 
aiid  provided,  that  no  charge  be  made  by  reason  of  this  re- 
solve on  the  treasury  of  this  Commonwealth.  [Ajyproved 
by  the  Governor,  Feb' 27,  1844.] 

Resolve  on  the  Petition  of  James  O.  Barney. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
there  be  allowed  and  paid  out  of  the  treasury  of  the  Common- 
wealth, to  James  O.  Barney,  the  sum  of  five  dollars  and 
twenty  cents,  and  that  his  excellency  be  authorized  to  draw 
his  warrant  therefor.  [^Approved  by  the  Governor,  Feb.  27, 
1844.] 

OhdV.  41      Resolve  concerning  the  Boundary  Line  between  the  States  of  Massachusetts 
^'         '  and  Rhode  Island. 

Commissioners       Resolved,  That  his  excellency  the  governor,  by  and  with 

to  be  appointed  '  j  a  ?     j 


Chap.  40. 


Allowance  to 
James  O.  Bar- 
ney of  $5  20. 


1844. Chap.  41,  42,  43. 


305 


the  advice  and  consent  of  the  council,  is  hereby  authorized 
to  appoint  one  or  more  commissioners,  not  exceeding  three, 
to  act  in  conjunction  with  commissioners  on  the  part  of  the 
State  of  Rhode  Island,  in  ascertaining  or  establishing  the 
true  boundary  line  between  said  States,  from  Pawtucket 
Falls  to  Bullock's  Neck.  If  the  State  of  Rhode  Island 
should  decline  to  appoint  commissioners  for  the  purposes 
aforesaid,  the  commissioners  on  the  part  of  Massachusetts 
are  hereby  authorized  and  required  to  view  the  premises, 
and  ascertain  all  the  facts  they  can  necessary  to  the  estab- 
lishment of  the  true  line,  and  report  the  same,  and  all  their 
doings,  to  the  governor  and  council,  so  that  it  may  be  laid 
before  the  next  legislature.  And  the  governor  and  council 
are  hereby  authorized  to  audit  and  settle  the  accounts  of 
said  commissioners,  and  draw  his  warrant  on  the  treasurer, 
who  is  authorized  to  pay  the  same.  [Approved  by  the  Gov- 
ernor, Feb.  27,  1844.] 

Resolve  on  the  Petition  of  Patty  E.  Baker. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
there  be  allowed  and  paid,  out  of  the  treasury  of  this  Com- 
monwealth, to  Patty  E.  Baker,  the  sum  of  five  hundred 
dollars,  in  full  for  the  services  of  her  late  husband,  John 
Baker,  2d,  in  his  capacity  of  sheriff  of  the  county  of  Nor- 
folk, for  distributing  blanks  and  returning  votes  for  nine 
years,  and  until  his  death  ;  and  that  the  governor  be  author- 
ized to  draw  his  warrant  therefor.  Approved  by  the  Gov- 
ernor, Feb.  27,  1844.] 


to  establish  the 
houndary  in 
conjunction 
with  Rhode 
Island  commis- 
sioners. 

But  if  Rhode 
Island  declines 
sim'lar  action, 
commissioners 
to  report  to 
governor  and 
council, 


Who  shall  audit 
and  settle  their 
accounts. 


Chap.  42. 


Allowance  of 
$500  to  the 
widow  of  the 
sheriff  of  Nor- 
folk. 


Resolve  on  the  Petition  of  Samuel  Whitwell. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  the 
said  Samuel  Whitwell,  trustee  under  the  will  of  Isaac  Story, 
deceased,  or  his  successor  in  said  trust,  be,  and  he  is  here- 
by, authorized  to  sell  and  convey,  in  such  manner,  on  such 
terms,  and  for  such  price  as  he  shall  deem  expedient,  at 
public  auction,  or  private  sale,  one  undivided  seventh  part 
of  a  track  of  land  with  the  buildings  thereon,  situate  in  the 
city  of  Boston,  the  whole  whereof  is  bounded  westerly  by 
Tremont  street,  northerly  by  land  now  or  formerly  of  Da- 
vid Greenough,  in  part,  and  by  land  now  or  formerly  of 
Brattle  street  Society,  in  part ;  easterly  by  land  now  or  for- 
merly of  Abraham  Gibson;  and  southerly  by  land  now  or 
formerly  of  said  Gibson  and  others,  to  said  street:  and  all 
privileges  and  appurtenances  thereto  belonging ;  and  to 
make  and  execute  good  and  sufficient  deeds  thereof,  in  fee 
simple,  to  the  purchaser  or  purchasers  :  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.  [Approved  by 
the  Governor,  Feb.  29,  1844.] 


Chap.  43. 


Trustee  under 
the  will  of 
Isaac  Story 
may  sell  an  in- 
terest in  certain 
real  estate. 


But  must  first 
give  a  bond, 
&c. 


m 


1844 Chap.  44,  45,  46,  47. 


Chap.  44. 


Relinquish- 
ment of  Com- 
monwealth's 
title  to  land  in 
Northampton, 
in  favor  of  the 
estate  of  an 
alien. 


Proceedings  to 
he  had  under 
the  direction  of 
the  judge  of 
probate  for 
Hampshire. 


Resolve  on  the  Petition  of  Henry  Clapp,  Executor  of  Thomas  Fegan. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  all 
the  right,  title,  and  interest  of  the  Commonweahh,  in  and  to 
a  certain  piece  of  land,  situated  in  the  town  of  Northampton, 
and  conveyed  to  said  Thomas  Fegan  by  Joseph  Lyman 
and  others,  executors  of  Samuel  Hinckley  deceased,  by 
their  deed,  dated  August  fifteenth,  in  the  year  eighteen 
hundred  and  forty-three,  and  recorded  in  book  number  one 
hundred,  page  three,  in  the  office  of  the  registry  of  deeds 
for  the  county  of  Hampshire,  be  and  the  same  is  hereby 
rehnquished;  and  said  executor  of  said  Fegan  is  hereby 
authorized  and  empowered  to  sell  and  convey  said  land, 
for  the  payment  of  tlie  debts  of  said  Fegan,  tlie  balance, 
if  any,  after  paying  said  debts,  to  be  disposed  of  accord- 
ing to  the  will  of  said  Fegan  :  provided,  hoivever,  that  all 
proceedings,  under  and  by  virtue  of  this  resolve,  shall  be 
had  and  made  under  the  direction  of  the  judge  of  probate, 
of  said  county  of  Hampshire,  and  in  the  same  manner  as 
the  estate  would  have  been  sold,  if  said  Fegan  had  been 
duly  naturalized.  [Approved  by  the  Governor,  Feb.  29, 
1844.] 


Chap.  45. 


Allowance  of 
$60  each  to 
chaplains. 


Chap.  46. 


Allowance  to 
doorkeeptirs, 
assistant  door- 
keepers, assist- 
ant messenger, 
and  pages. 


Resolve  to  pay  the  Chaplains  of  the  Legislature. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
treasury  of  this  Commonwealth,  to  the  chaplain  of  the 
Senate  and  to  the  chaplain  of  the  House  of  Representatives, 
the  sum  of  sixty  dollars  each,  and  that  warrants  be  drawn 
accordingly.     [Approved  by  the  Governor,  March  2,  1844.] 

Resolve  to  pay  the  Doorkeepers  and  Messengers  of  the  Senate  and  House 
of  Representatives. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  two  door-keepers  and 
three  assistant  door-keepers  of  the  House  of  Representa- 
tives, also  to  the  door-keeper  of  the  Senate,  each  the  sum 
of  two  dollars  per  day,  for  each  and  every  day's  attend- 
ance during  the  present  session  of  the  Legislature  ;  also  to 
one  assistant  messenger  the  sum  of  one  dollar  and  fifty 
cents  for  each  days  attendance  during  the  same,  and  to 
two  pages  of  the  Senate,  one  eighty  cents,  and  one  seventy 
cents,  for  each  day's  attendance  during  the  same,  and  to 
the  page  of  the  House  of  Representatives,  the  sum  of  one 
dollar  per  day,  for  each  day's  attendance  during  the  same, 
and  that  warrants  be  drawn  accordingly.  [Approved  by 
the  Governor,  March  2,  1844.] 


Chap.  47. 

Allowance  to 
counsellors, 


Resolve  for  the  pay  of  the  Council,  Senate  and  House  of  Representatives. 

Resolved,   That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  each  member  of  the 


1844. Chap.  47,  48,  49,  50.  307 

Senate  and  House  of  Representatives,  two  dollars  for  each  Sfe"sefa-^° 
and  every  day's  attendance  the  present  political   year,  and  tors,  speaker 
the  sum  of  two  dollars  for  every  ten  miles  travel  from  their  °f  }'^^  House 
respective  places  oi  abode  once  m  each  session,  to  the  place  taiives. 
of  tlie  sitting  of  the  General  Court ;  and  also  to  each  mem- 
ber 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  to  the  speaker  of  the  House  of  Representatives,  each 
two  dollars  for  each  and  every  day's  attendance,  in  addi- 
tion to  their  pay  as  members  ;  and  his  excellency  the  gov- 
ernor, with  the  advice  and  consent  of  the  Council,  is  here- 
by authorized  and  requested  to  draw  his  warrant  accord- 
iuijly.     [Approved  by  the  Goventor,  March  2,  1844.] 

Eesolve  to  pay  for  Fuel  and  for  other  purposes.  Chcip.  48. 

Resolved^  That  there  be  paid  out  of  the  treasury  to  Ben- 
iamin  Stevens,  sergeant-at-arms  to  the  General  Court,  the  ^^'o^^nceof 

r     •    I  .  1  1      3  J    II  *  111-*  1  $1300  for  fuel, 

sum  01  eighteen  hundred  dollars,  to  enable  him  to  purchase  &c. 
fuel  and  other  necessary  articles  for  the  use  of  the  General 
Court,  and  the  several  public  offices  in  the  state  house,  and 
that  warrants   be  drawn  accordingly.     [App7'oved  by  the 
Governor,  March  2,  1844.J 

Resolve  on  the  Petition  of  Jonathan  Preston.  Chctp,  49. 

Resolved^  for  reasons  set  forth  in  the  said  petition,  that 
Jonathan  Preston,  of  the  city  of  Boston,   mason,  and  all  Confirmation 
other  persons  who   are  or  may  become  purchasers  of  any  °n  Boston" noN 
lot  or  lots  of  land,  belonging   to  or  making  a  part  of  the   wiihsianding 
mansion  house  estate  of  the  late  James  Bowdoin,  situated  gi'e^o^i'^James 
on   Beacon  street,   in  said   city  of   Boston,  be   and   they  fempie  Bow- 
hereby  are  confirmed  in   their  several  titles  thereto,  not-  ^oi»j  grantor, 
withstanding  the  alleged  or  supposed  alienage  of  James 
Temple  Bowdoin,  one  of  the  grantors  in  the  conveyances 
of  the  said  lots,  and  notwithstanding  any  right  or  claim 
the  Commonwealth  may  now,  or  hereafter  have  in  or  to  tVie 
said  estate,  or  any  part  thereof,   by  reason  or  on  account 
of  the  said   supposed  alienage  of  the  said  James  Temple 
Bowdoin:  j^rovided^  the  said  Jonathan  Preston,  or  any  of  Provided  due 
the  other  purchasers   above   mentioned,   shall  cause   this  of^Xis resdve^ 
resolve,  within  three  months  of  the  passage   thereof,  to  be 
recorded  in  the  registry  of  deeds  for  the  county  of  Suffolk. 
{Approved  by  the  Governor,  March  5,  1844.] 

Resolve  authorizing  the  payment  of  Sundry  Accounts.  CllClVt  50. 

Resolved,  That  there  bo  allowed  and  paid  out  of  the  pub- 
he  treasury,  to  the  several  corporations  and  persons  men-  ^6312^5!^°^ 


308 


1844. Chap.  50,  51,  52,  53,  54,  55. 


Allowance  of 
$1042  36. 


Chap.  52. 

Allowance  of 

$754  88. 


tioned  in  the  foregoing  roll,  the  sums  set  against  their 
names  respectively,  amounting  in  the  whole,  to  the  sum  of 
six  thousand  three  hundred  and  twelve  dollars  and  seven- 
ty-five cents,  the  same  being  in  full  discharge  of  the  ac- 
counts and  demands  to  which  they  refer,  and  that  a  war- 
rant be  drawn  accordingly.  [Aj^jjroved  by  the  Governor^ 
March  6,  1844.] 

ChcLD,  51.    I^EsoLVE  for  the  payment  of  Sundry  Miscellaneous  Accounts,  audited  by  the 
"  '  Treasurer  of  the  Commonwealth. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lic treasury,  to  the  several  persons  mentioned  in  the  ac- 
companying roll,  the  sums  set  against  their  names  respec- 
tively, amounting  in  the  whole  to  the  sum  of  one  thousand 
and  forty-two  dollars  and  thirty-six  cents,  the  same  being 
in  full  discharge  of  the  accounts  and  demands  to  which 
they  refer,  and  that  a  warrant  be  drawn  accordingly.  [Ap- 
proved by  the  Governor,  March  6,  1844.] 

Resolve  for  the  payment  of  Sundry  Accounts. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lic treasury,  to  the  several  corporations  and  persons  men- 
tioned in  the  accompanying  roll,  the  sum  set  against  their 
names  respectively,  amounting  in  the  whole  to  the  sum  of 
seven  hundred  and  fifty-four  dollars  and  eighty -eight  cents, 
the  same  being  in  full  discharge  of  the  accounts  and  de- 
mands to  which  they  refer,  and  that  a  warrant  be  drawn 
accordingly.     [Approved  by  the  Governor,  March  6,  1844.] 

Resolve  on  the  Petition  of  Betsy  Low. 

Resolved,  That  for  reasons  set  forth  in  said  petition,  there 
be  allowed  and  paid  out  of  the  treasury  of  this  Common- 
wealth to  Betsy  Low,  the  sum  of  fifty  dollars;  and  that 
the  governor  be  authorized  to  draw  his  warrant  according- 
ly.    [Approved  by  the  Governor,  March  6,  1844.] 

Chctp.  54.    Resolve  for  the  pay  of  the  Assistant  Messenger  to  the  Governor  and  Council. 

Allowance  of         Resolved,  That  there  be  allowed  and  paid  out  of  the 
$2  a  day.  treasury  of  this  Commonwealth,  to  the  assistant  messenger 

to  the  governor  and  council  the  sum  of  two  dollars,  for 
each  and  every  day  he  has  or  may  be  employed  in  that 
capacity  during  the  sessions  of  the  council  the  present  year, 
and  that  warrants  may  be  drawn  accordingly.  [Approved 
by  the  Governor,  March  6,  1844.] 


Chap.  53. 

Allowance  of 
S50. 


Chap.  55. 

Allowance  of 
$80  for  services 
in  arresting, 
&c.,  a  fugitive. 


Resolve  on  the  Petition  of  Derastus  Clapp. 

Resolved,  That  for  reasons  set  forth  in  the  petition,  there 
be  allowed  and  paid  out  of  the  treasury  of  the  Common- 
wealth to  Derastus  Clapp,  the  sum  of  eighty  dollars,  in  full 
for  his  services  in  detecting  and  bringing  to  justice  one  Asa 


1844. Chap.  55,  56,  57,  58.  309 

Ames,  and  the  governor  is  hereby  authorized  to  draw  his 
warrant  accordingly.  [Approved  by  the  Governor,  March 
6,  1844.] 

Resolve  on  the  Petition  of  Charles  H.  Coffin.  ChOf,   5Q, 

Resolved,  for  reasons  set  forth  in  tlie  said   petition,  that 
the  treasurer  of  the  Commonwealth   be,  and  he  hereby  is  ^^'''^'j?"®"^ 
authorized  and  empowered   to  give  up  to  the  said  unarles  to  be  surren- 
H.  Coliiu,  the  several  obligations  given  by  him  for  tlie  pur-  dered. 
chase  of  the  west  half  of  township  number  six,  of  the  eighth 
ran^e  west  from  the  east  line  of  the  state  of  Maine:  provi-  Provided  he  _ 
ded,  that  said  Coffin  shall  pay  into  the  treasury  of  the  Com-   m'^yment^^'^^^"^ 
monwealth  on  or  before   t!ie  tenth  day  of  June,  in  the  year 
one  thousand  eight  hundred  and  forty-five,  such  a  sum  of 
money,  as  together  with  former  payments  on  the  same  ac- 
count, will  amount  to  the  sum  of  seven  thousand  five  hun- 
dred and    ninety   dollars:     provided  also,  that  nothing  in   And  that  the 
this  resolve  contained,  shall  be  so  construed  as  to  disciiaige  Commoa- 

II-  I       I       1       /^  111  I       •      1  wealtli'slienon 

the  lien  which  the  Commonwealth  have  on  such  timber  as  certain  timber 
has  already  been  cut  on  said   township.     [Approved  by  the  ^?""M''^' 
Governor,  March  7,  1844]  ^  ^'^^^  ' 

Resolve  concerning  the  Annual  Reports  of  the  officers  of  the  State  Lunatic    ChdV,   57« 
Hospital  and  the  Board  of  Education.  ^ 

Resolved,  That  the  clerk  of  the  Senate  for  the  time  being, 
be  aiuhorized  and  directed  to  cause  to  be  printed  annually  Clerk  of  the 

1^  1  .•  r.iri.  ,1  r.         Senate  to  print, 

before  tl:ie  moetmg  oi  the  Legislature,  or  as  soon  therealter  &,c. reports, 
as  may  be,  the  usual   number  of  the  animal  reports  of  the  &c.,asdocu- 
officers  of  the  State   Lunatic  Hospital  and  of  the  Board  of  se^"a^eand 
Education,  and  that  he  cause  the  former  to  be  numbered  House. 
one  of  the  Senate,  and  the  latter  one  of  the  House. 

Resolved,  That  the  usual  number  of  the  printed  reports  Disposition  of 
of  the  Board  of  Education  distributed  in  the  Legislature,  be   BXrTofEdu- 
reserved  for  that  purpose,  and  that  the  secretary  of  the  Com-  cation, 
monwealth,  after  sending  one   copy  to  each  school  district 
and  each  board  of  school  committee-men  in  the  state,  place 
the  residue  at  the  disposal  of  the  secretary  of  said  board. 

Resolved,  That  fifteen   hundred   printed  copies  of  each  isoocopiesof 
annual  report  of  the  officers  of  the  State  Lunatic  Hospital,   J||e  Lunatic^ 
be   furnished    to   the   superintendent   for  the  time  being  of  Hospital  tohe 
said    institution.     [Approved   by  the    Governor,    March   7,   furnished toihe 

^  ^  .  .  ,  III  J  '  '    supenniendent. 

1844.] 

Resolve  in  favor  of  the  town  of  Tewksbury.  Ch(ip.   58. 

Resolved,  That  there  be  reserved  out  of  the  present  year's 
income  of  the  school    fund,  for  the  benefit  of  the   town  of  A  sum  &c.  to 

„-        ,     ,  1      '        .  1  I  1    I  be  reserved 

Tewksbury,  a  sum  equal  to  wliat  that  town  would  have  fiomthisvear's 
received  from  the  last  years  income  of  the  same,  if  it  had  i'lcomeofihe 

11  111  II  1  school  lund 

made  the  return  required    by  law  ;  and  that  the  sum  so  re-   and  naid  to 
served,  be  added  to  the  share,  if  any,  to  which  the  said  town   Tewksbury. 

40 


310 


1844. Chap.  58,  59,  60,  61,  62. 


Chap.  59. 


A  sum,  &c.  to 
be  reserved 
from  this  year's 
income  of  the 
school  fund 
and  paid  to 
Hanover. 


of  Tewksbury  may  be  entitled  from  the  present  year's  in- 
come of  the  said  fund.  \App7^oved  by  the  Governor,  March 
8,  1844.] 

Resolve  in  favor  of  the  town  of  Hanover. 


Resolved,  That 
income  of  the  sc 
Hanover,  a  sum 
ceived  from   the 
made  the  return 
served  be  added 
town  of  Hanover 
come  of  the  said 
8,  1844.] 


there  be  reserved  out  of  the  present  year's 
hool  fund,  for  the  benefit  of  the  town  of 
equal  to  what  that  town  would  have  re- 
last  year's  income  of  the  same,  if  it  had 
required  by  law;  and  that  the  sum  so  rc- 
to  the  share,  if  any,  to  which  the  said 
may  be  entitled,  in  the  present  year's  in- 
fund.     [Appioved  by  the  Governor,  March 


Chap.  60. 


Grant  to  coun- 
ties of  a  tax  of 
Sl81,000- 


Resolve  granting  Taxes  for  the  several  Counties. 

Resolved,  That  the  sums  placed  against  the  names  of  the 
several  counties  in  the  following  schedule,  are  hereby 
granted  as  a  tax  for  each  county  respectively,  to  be  assess- 
ed, paid,  collected  and  appHed  according  to  law,  viz  : 
Essex,  thirty-two  thousand  six  hundred  dollars;  Middle- 
sex, thirty-eight  thousand  five  hundred  dollars;  Worcester, 
twenty-seven  thousand  dollars;  Hampshire,  eight  thousand 
dollars;  Hampden,  seventeen  thousand  dollars  ;  Franklin, 
six  thousand  dollars;  Berkshire,  fifteeti  thousand  dollars ; 
Norfolk,  nine  thousand  dollars;  Bristol,  twenty-two  thou- 
sand dollars;  Plymouth,  twelve  thousand  dollars;  Barn- 
stable, six  thousand  dollars;  Duke's,  seven  hundred  dol- 
lars.    [Approved  by  the  Governor,  March  9.  1844.  J 


Chap. 


61,    Resolve  in  relation  to  certain  Ministerial  and  School  Funds  in  the  State  of 

Maine. 

Resolved,  That  the  trustees  of  the  ministerial  and  school 
Trustees  of  funds  in  the  town  of  Livermore,  in  the  county  of  Oxford, 
school  funds  in  ^^-^^  ^|-,g  ^{^{q  of  Maine,  be  empowered  to  make  such  fair 

Livermore,  in  .,,,...  '/--if-Ti  i  r 

Maine,  to  make  aud  equUable  divisiou  of  said  lunas  between  the  towns  ol 
eciuitable  divi ■  Livermorc  and  East  Livermore,  as  is  provided  for  in  the  act 
same?  ^  of  the  State  of  Maine,  dividing  said  towns,  any  thing  in  the 
act  separating  the  district  of  Maine  from  the  (Common- 
wealth of  Massachusetts,  or  in  any  other  act  or  acts  to  the 
contrary  notwithstanding.  [Approved  by  the  Governor. 
March  11,  1844.] 


Chap.  62. 


Obligations  to 
be  surrendered 
to  W.  R.  Mil- 
ler on  his  sur- 
render of  bond. 


Resolve  on  the  Petition  of  William  R.  Miller. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
the  treasurer  of  the  Commonwealth  be  and  he  hereby  is 
authorized  and  empowered  to  give  up  to  the  said  William 
R.  Miller,  the  several  obligations  signed  by  him,  dated 
twenty-third  of  March,  in  the  year  one  thousand  eight  hun- 


1844. Chap.  62,  63,  64,  65, 


311 


Land  agent  an- 
thorized  to  sell 


dred  and  thirty-five,  and  now  lying  in  the  treasury  office, 
upon  his  surrendering  the  bond  which  he  now  holds  against 
the  CommonwcaUh,  for  the  conveyance  to  him  of  said  land, 
and  the  land  agent  is  hereby  authorized  to  sell  to  said  Mil- 
ler or  any  other  person  or  persons,  township  letter  A,  in  townshTpAi&c' 
the  eighth  and  ninth  ranges  of  townships  west  of  the  east 
line  of  the  state  of  Maine,  for  such  consideration  as  he  may 
deem  reasonable.  [Approved  by  the  Governor^  March  11, 
18411 


Resolve  concerning  School  Libraries. 

Resolved,  That  the  provisions  of  the  resolve  of  March 
the  third,  in  the  year  one  thousand  eight  hundred  and  forty- 
two,  and  the  resolve  of  March  the  seventh,  in  the  year  one 
thousand  eight  hundred  and  forty-tliree,  be  and  the  same 
arc  hereby  extended  to  every  school  district  of  evevy  town 
in  the  Commonwealth.  [Appi'oved  by  the  Governor,  March 
11,  1844.] 


Chap.  63. 


Resolves  of 
March  3d,  1S42, 
and  March  7th, 
1843,  extended 
to  all  school 
districts. 


Resolve  concerning  the 


Boundary  Line  between  Massachusetts  and  Rhode    ChcLTO.  64. 

Island.  "* 


Resolved,  That  his  excellency  the  governor  be  requested 
to  transmit  to  his  excellency  the  governor  of  Rhode  Island, 
a  copy  of  the  resolve  respecting  the  boundary  line  between 
the  states  of  Massachusetts  and  Rhode  Island,  from  Bul- 
locks Neck  to  Pawtucket  Palls,  and  invite  his  cooperation 
in  the  adjustment  of  said  line.  [Approved  by  the  Governor, 
March  11,  1844  1 


Resolve  of 
1S44,  chap.  41, 
to  be  transmit- 
ted to  the  gov- 
ernor of  Rhode 
Island,  and  his 
cooperation  to 
be  invited. 


Resolve  on  the  Petition  of  C.  G.  Loring  and  F,  C.  Loring,  trustees  of  Anna 
Loring,  and  F.  C.  Loring,  guardian  in  aid  thereof. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  the 
said  Charles  G.  Loring  and  Francis  C.  Loring,  or  their  sur- 
vivor, are  hereby  authorized  and  empowered  to  sell  and 
convey  in  one  or  more  parcels,  at  public  or  private  sale,  cer- 
tain lands  and  tenements  situate  in  (^tis  place,  in  the  city 
of  Boston,  held  by  them  in  trust  under  the  will  of  Israel 
Thorndike,  for  the  benefit  of  Anna  Loring,  and  to  execute 
deeds  to  pass  the  title  thereto  in  fee  simple.  And  the  net 
proceeds  of  such  sale  or  sales  shall  be  taken  and  held  and 
invested  in  other  real  estates,  stocks  or  securities,  by  the 
said  C.  G.  Loring  and  F.  C.  Loring,  their  survivor  and 
successors  in  said  trust,  upon  the  same  trusts,  and  for  the 
same  purposes  as  the  said  lands  and  tenements  are  now 
held  by  them  :  provided  however,  that  previous  to  any  sale, 
the  trustees  aforesaid  shall  give  bonds  with  sufficient  sure- 
ties to  the  judge  of  probate  for  the  coiuity  of  Suffolk,  to 
account  for  and  dispose  of  the  proceeds  thereof  according  to 
said  will.     [Approved  by  the  Governor,  March  11,  1844.J 


Chap.  65, 


Trustees  under 
the  will  of  Is- 
rael Thorndike 
authorized  to 
sell  lands  and 
tenements,  &c. 
and  invest  pro- 
ceeds, &.C. 


But  first  to 

give  bonds. 


312 


1844. Chap.  66,  67,  68,  69. 


Chap 


Two  copies  of 
roporls  l.ere- 
afler  published 
to  each  stale, 
&c. 


QQ^    Resolve  for  an  exchange  of  the  reported  decisions  of  the  Supreme  Court,  with 
the  several  States  of  the  Union. 

Resolved,  That  the  secretary  of  this  Commonwealth  be 
directed  to  forward  two  copies  of  each  volume  of  the  reports 
of  decisioDS  of  the  supreme  court  of  Massacliusetts,  which 
shall  hereafter  be  published,  to  each  of  the  states  in  the 
union,  that  shall  agree  to  forward  tlie  reports  of  such  state 
in  return.      [Approved  by  the  Governor,  March  11,  1844.J 


Chap,  61, 


Treasurer  of 
Herring  jjond 
to  make  parti- 
tion of  certain 
Indian  lands, 
and,  jointly 
with  John  V. 
Conel,  to  sell 
Conet's  lands, 
&c. 


Eesolve  on  the  Petition  of  John  V.  Conet. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
Charles  Marston,  treasurer  of  the  plantation  of  Herring 
pond,  be  and  he  is  hereby  authorized  and  directed  to  make 
partition  of  the  Indian  lauds,  situate  at  Monument  ponds 
in  Plymouth,  and  the  county  of  Pl3anoulh,  now  held  in 
common  by  sundry  Indians,  proprietors  of  the  said  planta- 
tion. And,  further,  the  said  Marston  is  hereby  authorized, 
with  the  cooperation  of  John  V.  Conet,  one  of  the  said 
proprietors,  to  sell  and  convey  by  deed,  so  much  of  the 
said  lands  as  shall  have  been  set  off  in  severalty  to  iiim, 
the  said  Conet,  and  to  apply  the  proceeds  of  said  sale  in 
such  manner  as  to  him  shall  appear  to  be  for  the  best 
interest  of  said  Conet.  [Apjjroved  by  the  Governor,  March 
11,  1844.] 


Chap.  68. 


Survey  of 
Norh  river  to 
be  solicited 
from  the 
United  States 
government. 


Resolve  relating  to  the  navigation  of  North  river  in  the  county  of  Plymouth. 

Resolved,  That  our  senators  and  representatives,  in  Con- 
gress, be  requested  to  use  their  influence  and  exertions  to 
obtain  a  survey,  at  the  expense  of  the  government  of  the 
United  States,  of  North  river,  in  the  county  of  Plymouth, 
in  this  Commonwealth,  with  a  view  to  the  improvement  of 
the  navigation  of  the  said  river,  by  constructing  a  new 
outlet  of  the  waters  of  the  sanae  into  the  sea.  [Approved 
by  the  Governor,  March  12,  1844.] 


Chap.  69. 


Plates  to  be 
de)>nsited  with 
the  secrrlary, 
and  copy-right 
secured. 


Secretary  to 
issue  priposals, 
and  coiitrnct, 
for  I  he  j)re|iii  ra- 
tion o(  copies 
for  distribu- 
tion. 


Resolves  for  the  publication,  distribution,  and  sale  of  the  Map  of  the  State. 

Resolved,  That  the  engraved  copper  plates  of  the  State 
map  be,  and  they  hereby  are  placed  in  the  custody  of  the 
secretary  of  the  Commonwealth,  subject  to  the  use  and 
disposition  thereof,  hereinafter  provided,  and  that  tiie  sec- 
retary be  directed  to  catise  the  right  of  puhlishing  the  said 
map,  to  be  secured  for  the  benefit  of  the  Commonwealth. 

Resolved,  That  the  secretary  be  and  he  hereby  is  au- 
thorized and  empowered  to  issue  proposals  for  printing, 
lining,  coloring,  varnishing  and  moimting,  in  a  style  cor- 
responding with  that  of  the  copy  now  in  his  office,  or  to 
the  satisfaction  of  the  secretary,  a  ntmnber  of  copies  of  the 
said  map  sufficient  for  tiie  distribution  provided  for  in 
these  resolves,  and  to  contract  therefor  with  such  person  or 


1844. Chap.  69.  313 

persons  as  will  undertake  the  same  on  the  most  advanta- 
geous terms  for  the  Commonwealth,  and   will   give  satis- 
factory security  for  the  faithful  performance  of  such  con- 
tract:  provided^   that   the   expense  of  each  copy  so   fur-  ^x*!;el3°$4'° 
nished  shall  not  exceed  four  dollars. 

Resolved^  'Vh?i\.  the  secretary  be  further  authorized  and  Also  to  con- 
empowered  to  contract,  as  aforesaid,  with   the  person  or  ga'ie^^f  copLs 
persons  who  may  be  employed  under  the  provisions  of  the  for  three  years, 
foregoing  resolve,  to  publish  the  said  map  in  the  manner 
therein  mentioned,  and   to   keep   copies  thereof  constantly 
on  hand  for  sale  to  all  persons  who  will  buy  the  same,  for 
the  term  of  three  years. 

Resolved^  That  the  price  of  the  map,  when  sold  as  above  Price  to  be  ss, 
mentioned,  be  fixed   at  five  dollars  a  copy,  and  that  the  of  which  the 

111  111  1  -1  •  I  excess  over 

publisher  or  publishers  be  required   to  pay  into   the  treas-  stipulated 
ury  of  the  Commonwealth,  from  time  to   time,  the  dilfer-  pncetohepaid 

•'       ,  ,  '    ,     ,  .  1  •    I       1  .         to  the  Gom- 

ence  between  that  price  and  the  price  at  whicli  the  copies  monwealih. 
of  the  map  are   furnished  to  the  Commonwealth,   on  all 
copies  which  may  be  sold  as  aforesaid. 

Resolved^  Thdii  the  secretary  be  further  authorized  and   Also  to  permit 
empowered  upon    such    terms  as  he    may    think    proper,   " * a'reduced'^ 
to  allow  any  person  or  persons   to  engrave  or  lithograph  scale, 
the  said  map,  and  to  publish  and  sell  copies  thereof,  upon  a 
reduced  scale. 

Resolved^  That  copies  of  the  map  be  distributed  by  the  Distribution  of 
secretary  of  the  Commonwealth  as  follows,  namely:  to  liJfo^crrs^&c 
his  excellency  the  governor,  his  honor  the  lieutenant  gov- 
ernor and  to  the  members  of  the  council,  senate,  and 
house  of  representatives,  and  the  clerks  and  chaplains  of 
the  two  houses,  and  to  the  sergeant  at  arms,  one  copy 
each  ;  to  the  senators  and  representatives  of  this  Common- 
wealth in  the  congress  of  the  United  States,  one  copy 
each  ;  to  the  secretary  of  the  Commonwealth,  the  adjutant 
general,  the  treasurer  and  receiver  general,  and  the  land 
agent,  one  copy  each  ;  to  the  several  cities  and  towns  in 
the  Commonwealth,  and  cleiks  of  the  courts  in  the  several 
counties,  for  the  use  of  the  county  commissioners,  one 
copy  each,  and  one  copy  shall  be  placed  in  each  of  the 
registries  of  deeds'  offices,  in  the  Commonwealth,  under 
the  care  of  the  registers;  to  the  president  and  vice  presi- 
dent of  the  United  States,  to  the  several  departments  of 
the  federal  government  at  Washington,  and  to  the  library 
of  congress,  one  copy  each. 

Resolved.  That  the  secretary  be  further  directed  to  cause  And  in  apart- 
copies  of  the  map  to  be  placed  in   the  different  offices  and  ments  nfihe 
apartments  of  the  state  house,  for  the  use  of  the  several 
departments  of  the  government  and  of  the  members  of  the 
Legislature  when  in  session. 

Resolccd,  that  his   excellency   the  governor  be,    and  he         .  .     ^ 
hereby  is  authorized   and  empowered  to  draw  his  warrant  the  expense. 


314 


1844. Chap.  69,  70,  71,  72. 


Repeal  of  for- 
mer law. 


Chap.  70. 


Relinquish- 
ment of  Com- 
monwealth's 
claim  upon 
sureties  of 
Jesse  Squire. 


Chap,  71, 


Allowance  of 
$100  to  Asahel 
Cobb. 


Chap.  72. 

Painting. 


Ventilators 
over  the  cham- 
bers of  the 
representatives 
and  senators. 


$3500  appropri- 
ated. 


or  warrants  on  the  treasury,  for  such  sum  or  sums  of 
money  as  may  from  time  to  time  be  necessary  to  carry  these 
resolves  into  effect. 

Resolved^  That  the  resolves  in  relation  to  the  map 
of  the  Commonwealth,  approved  March  twenty-fourth, 
eighteen  hundred  and  forty-three,  be,  and  the  same  are 
hereby  repealed.  \A2)provcd  by  the  Governor,  March  14, 
1844.] 

Resolve  upon  the  Petition  of  Thomas  Milligan  and  Elijah  Hewins. 

Resolved,  That  for  reasons  set  forth  in  their  petition,  the 
Commonwealth  doth  relinquish  to  Thomas  Milligan  and 
Elijah  Hewins,  all  further  claim  which  it  may  have  upon 
them  as  sureties  for  the  appearance  of  Jesse  Squire,  Jr.,  at 
the  September  term  of  the  supreme  judicial  court  in  Berk- 
shire, in  the  year  eighteen  hundred  and  forty,  hereby  in- 
tending to  relinquish  all  over  the  sum  of  twenty-three 
hundred  dollars,  already  paid  by  them  ;  and  this  resolve 
shall  be  a  complete  bar  to  any  writ,  judgment,  or  execu- 
tion, which  the  Commonwealth  may  hereafter  obtain 
against  them,  or  either  of  them,  on  said  bond.  [Approved 
by  the  Governor,  March  12,  1844.] 

Resolve  in  favor  of  Asahel  Cobb. 

Resolved,  that  there  be  allowed  and  paid,  out  of  the 
treasury  of  the  Commonwealth,  the  sum  of  one  hundred 
dollars  to  Asahel  Cobb  of  Sandwich,  and  the  governor  is 
hereby  authorized  to  draw  his  warrant  accordingly.  [Ap- 
provedhy  the  Governor,  March  12,  1844.] 

Resolves  for  Repairs  upon  the  State  House. 

Resolved,  That  the  sergeant-at-arms  cause  the  exterior 
walls  and  wood  work  of  the  state  house,  and  the  fences  in 
front  of  and  around  the  same,  and  the  doric  hall,  and  the 
adjoining  entries,  to  be  painted  with  two  coats  of  paint, 
and  such  other  repairs  as  may  be  necessary.  And  that  he 
cause  two  additional  ventilators  to  be  placed  in  the  dome 
of  the  representatives  hall,  similar  to  those  already  placed 
there,  and  also  cause  two  ventilators  to  be  placed  in  the 
dome  of  the  senate  chamber. 

Resolved,  That  the  sum  of  thirty-five  hundred  dollars 
be  appropriated  for  the  above  repairs,  which  sum,  or  so 
much  thereof  as  may  be  necessary  to  be  expended,  and 
the  accounts  thereof,  shall  be  audited  and  paid  agreea- 
bly to  the  provisions  of  the  act  of  March  eighteenth, 
eighteen  hundred  and  forty-one,  entitled  "an  act  relating  to 
the  state  house."  [Approved  by  the  Governor^  March  12, 
1844.] 


1844. Chap.  73,  74,  75,  76. 


315 


Resolve  in  favor  of  the  town  of  Fairhaven. 

Resolved,  That  there  be  reserved  out  of  the  present 
year's  income  of  the  school  fund,  for  the  benefit  of  the 
town  of  Fairhaven,  a  sum  equal  to  what  that  town  would 
have  received  if  it  had  made  the  return  required  by  law, 
and  that  the  sum  so  reserved  be  added  to  the  share,  if  any, 
to  which  said  town  of  Fairhaven  may  be  entitled  from  the 
present  years'  income  of  the  said  fund.  [Ajjproved  by  the 
Governor,  March  12,  1844.] 

Resolve  on  the  Petition  of  the  County  Commissioners  of  the  County  of 

Bristol. 


Chap.  73. 


A  sum,  &c., 
reserved  from 
this  year's  in- 
come of  the 
school  fund 
and  paid  to 
Fairhaven. 


Chap.  74. 


Resolved,  for  reasons  set  forth  in  said  petition,  that  there  Allowance  of 
be  paid  out  of  the  treasury  of  the  Commonwealth  to  the  !29i  25to 

ri  /'iS-.i  n  111    Knstol  county 

treasurer  oi  the  county  or  Bristol,  the  sum  ot  two  hundred  for  the  support 
and  ninety-one  dollars  and  twenty-five  cents,  in  full  for  the  cf  luimuc state 
support  of  Sally  Wood,  from  November  seventeenth,  in  the 
year  eighteen  hundred  and  forty-one,  to  January  first,  in 
the  year  eighteen  hundred  and  forty-four;  and  for  the  sup- 
port of  Edward  B.  Durfee  from  December  thirtieth,  in  the 
year  eighteen  hundred  and  forty-three,  to  February  tenth, 
in  the  year  eighteen  hundred  and  forty-four,  they  being 
lunatic  state  paupers,  and  that  the  governor  draw  a  war- 
rant therefor  accordingly.  [Approved  by  the  Governor, 
March  12,  1844.] 

Resolve  for  the  repair  and  improvement  of  the  Fish  River  Road  in  the  State    nhnm    7  Pi 

of  Maine.  O/ltt/?.    /O. 

Resolved,  That  the  land  agent  of  Massachusetts  be,  and 
he  is  hereby  authorized  to  expend  a  sum  not  exceeding 
three  thousand  dollars,  in  repairing  and  improving  the  road 
from  the  Aroostook  River  in  township  number  eleven  in 
the  fifth  range,  to  the  month  of  Fish  River  :  provided  that 
the  state  of  Maine  expend  an  equal  amount  on  the  said 
road,  and  provided  that  no  charge  therefor  be  made  on  the 
treasury  of  the  Commonwealth.  [Approved  by  the  Gover- 
nor, March,  12,  1844.] 

Resolve  in  favor  of  the  town  of  Topsfield. 

Resolved,  That  there  be  reserved  out  of  the  present  year's 
income  of  the  school  fund  for  ihe  benefit  of  the  town  of 
Topsfield,  a  sum  equal  to  what  that  town  would  have  re- 
ceived from  the  last  year's  income  of  the  same,  if  it  had 
made  the  return  required  by  law,  and  that  the  sum  so  re- 
served, be  added  to  the  share,  if  any.  to  which  the  said  town 
of  Topsfield  may  be  entitled  from  the  present  year's  income 
of  the  said  fund.  [Approved  by  the  Governor,  March  12, 
1844] 


Land  agent  to 
expend,  not  ex- 
ceed S3000,  on 
a  road  from 
the  Aroostook 
River  to  the 
Fish  River. 

Provided,  that 
Maine  expends 
an  equal  sum, 
and  that  the 
treasury  is  not 
made  liable. 

Chap.  76. 

A   sum,  &c.,  to 
1)6  reserved 
from  this  year's 
income  of  the 
scliool  fund 
and  paid  to 
Topsfield. 


316 


1844.- 


■Chap.  77—78. 


Chap.  77. 

Administrator 
and  guardian 
authorized  to 
make  convey- 
ances to  con- 
firm a  title,  the 
same  as  if 
made  within  a 
year  from  the 
levy  of  an  exe- 
cution. 


Chap.  78. 

Appropriation 
of  $3i)U0  for  an 
aqueduct  for 
the  luuatic 
hospital. 


Appropriation 

of  32000  to 
build  a  laun- 
dry, &c. 


Accounts  for 
lunatic  slate 
paupers  at  iho 
hospital,  to  be 
presented  as 
for  other  state 
paupers. 

Provided  that 
the  iharge 
shall  not  ex- 
ceed $100  a 
year,  or  32  50  a 
week. 


Resolve  on  the  Petition  of  John  L.  Roberts,  Administrator. 

Resolved,  for  the  reasons  set  forth  in  said  petition,  that 
Horatio  N.  Perkins,  administrator  of  the  estate  of  Cheney 
Richardson  deceased,  and  Rufus  F.  Sanborn  guardian  of 
Caroline  Ricliardson,  a  minor,  or  either  of  them,  are  hereby 
authorized  and  empowered  to  make,  execute  and  dehver 
such  deed  or  deeds  of  conveyance  as  shall  confirm  the  title 
of  said  Richard  S.  Roberts  deceased,  and  all  claiming,  or  to 
claim  under  him,  in  the  real  estate  set  forth  in  the  petition 
of  the  said  John  L.  administrator  of  said  Richard  ?>.  Rob- 
erts, and  which  said  real  estate  is  described  in  a  deed  of 
said  Perkins,  administrator  of  said  Richardson,  to  said 
Richard  S.  Roberts,  recorded  with  Suffolk  deeds,  book  413, 
page  lUO,  as  fully  and  effectually,  as  if  the  said  deed  of 
said  Perkins,  administrator  to  said  Richard  S.  Roberts,  had 
been  executed  and  delii'-ercd  within  one  year  from  the  levy 
of  the  execution  set  forth  in  said  petition.  [Approved  by 
the  Governor.  March  13,  1844.] 

Resolves  concerning  the  State  Lunatic  Hospital. 

Resolved,  That  the  sum  of  three  thousand  dollars  be,  and 
hereby  is  appropriated  to  enable  the  trustees  of  the  State 
Lunatic  Hospital  to  lay  an  aqueduct  in  whole  or  in  part  of 
iron  pipes,  to  convey  water  to  said  hospital,  and  to  pay 
damages  agreed  upon  or  assessed  for  lands  occupied  in  es- 
tablishing said  aqueduct,  pursuant  to  the  act  of  eighteen 
hundred  and  forty-three,  chapter  sixty -five,  and  his  excel- 
lency the  governor  is  hereby  authorized  to  draw  his  war- 
rant on  the  treasurer  of  the  Commonwealth,  payable  to  the 
treasurer  of  said  hospital,  for  the  whole  or  any  part  of  said 
sum,  whenever  thereto  requested  by  said  trustees. 

Resolved^  That  the  sum  of  two  thousand  dollars  be,  and 
hereby  is  appropriated  for  the  purpose  of  building  a  laun- 
dry and  suitable  appurtenances  thereto,  for  the  State  Lu- 
natic Hospital  at  Worcester,  and  that  the  trustees  of  said 
hospital  be  hereby  authorized  to  build  the  same,  and  his 
excellency  the  governor  is  hereby  authorized  to  draw  his 
warrant  on  the  treasurer  of  the  Commonwealth,  payable  to 
the  treasurer  of  said  hospital,  for  the  whole  or  any  part 
of  said   sum,  whenever  thereto  requested  by  said  trustees. 

Resolved,  That  accounts  for  the  support  of  lunatic  state 
paupers,  supported  at  the  State  Lunatic  Hospital,  be  kept 
by  the  treasurer  of  said  hospital,  and  that  the  same  as  they 
accrue  from  December  first  in  one  year,  to  November  thir- 
tieth, in  the  following  year  inclusive,  be  annually  presented 
as  other  accounts  for  state  paupers  are  now  presented  for 
allowance  and  payment:  provided,  that  the  amount  charged 
for  each  pauper  shall  not  exceed  the  sum  of  one  hundred 
dollars  per  year,  and,  for  any  term  less  than  one  year,  the 
sum  of  two  dollars  and  fifty  cents  per  week. 


1844. Chap.  78,  79,  80. 


317 


Resolved,  That  the  price  to  be  charged  for  the  board  of 
patients  at  the  State  Lunatic  Hospital  who  are  not  state 
paupers,  shall  in  all  cases  be  fixed  by  the  trustees  of  said 
hospital,  provided  that  the  charge  for  town  paupers  shall 
not  exceed  the  estimated  average  cost  of  supporting  pa- 
tients in  said  hospital.  All  provisions  of  law  now  existing 
inconsistent  with  the  provisions  of  these  resolves  are  here- 
by repealed.     {Approved  by  the  Governor,  March  13,  1844. J 


Price  of  board 
of  patients  not 
state  p:iupers, 
to  be  fixed  by 
trustees. 

But,  for  town 
paupers,  not  to 
exceed,  &c. 

Repeal  of  in- 
consistent 
laws. 

Resolve  on  the  Petition  of  Edward  Brinley,  Guardian.  C/lttV,  79. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
Edward  Brinley  of  Roxbury,  in  the  county  of  Norfolk, 
guardian  of  John  Bartlett  of  said  Roxbury,  physician,  a 
non-sane  person,  be  and  he  is  hereby  authorized  and  em-  Guardian  may 
powered  to  sell  at  public  or  private  sale,  all  said  Bartlett's  sell  interest  in 
interest  in  all  or  any  portion  of  the  real  estate  now  par-  ggja^g"'^®^^ 
ticularly  mentioned  and  described  in  the  following  deeds, 
reference  to  which  may  be  had  for  a  particular  description 
of  the  same,  that  is  to  say,  all  said  Bartlett's  interest  in  the 
real  estate  and  premises  mortgaged  to  Caleb  Parker,  junior, 
by  Daniel  Perkins,  by  deed  dated  August  19th,  1835,  re- 
corded in  Norfolk  registry  of  deeds,  in  lib.  108,  and  fol. 
150,  and  by  said  Parker  assigned  to  said  Bartlett  by  deed 
dated  May  5th  1837,  recorded  in  said  registry  in  lib.  115, 
fol.  51,  and  also  all  said  Bartlett's  interest  in  the  real  es- 
tate and  premises  mortgaged  to  said  Parker  by  Josiah 
Hammond,  by  deed  dated  July  27th  1835,  recorded  in  said 
registry,  in  lib.  108,  fol.  89,  which  mortgage  was  assigned 
to  said  Bartlett  by  said  Parker,  by  deed  dated  May  5th 
1837,  and  recorded  in  said  registry  iii  lib.  115,  fol.  52,  and 
also  all  said  Bartlett's  interest  in  the  real  estate  and  premi- 
ses mortgaged  to  said  Parker  by  Stephen  Hammond,  by- 
deed  dated  September  9th,  1835,  and  by  said  Parker  assign- 
ed to  said  Bartlett  by  deed  dated  May  5th,  1 837,  and  also  all 
said  Bartlett's  interest  in  that  real  estate  and  premises  situ- 
ate in  that  part  of  Roxbury  called  Mount  Pleasant,  which 
was  conveyed  to  said  Bartlett  by  said  Parker,  by  deed  dated 
May  5th  1837,  and  recorded  in  said  registry  in  lib.  115, 
and  fol.  52,  and  53,  and  to  execute  and  deliver  deeds  of 
conveyance  of  the  same  to  the  purchaser  or  purchasers 
thereof     [Approved  by  the  Governor^  March  13,  1844.] 


Resolve  on  the  Petition  of  Elijah  Bolt  wood  and  others. 
Resolved,  That  three  commissioners  be  appointed  by  his 
excellency  the  governor,  with  advice  of  council,  whose  duty 
it  shall  be,  on  the  request  and  at  the  expense  of  the  said 
petitioners,  to  examine  the  obstructions  complained  of  in 
the  said  petition,  to  hear  the  parties  interested,  and  to  make 
a  full  report  of  such  examination  and  hearing  to  the  next 
general  court.  {Approved  by  the  Governor^  March  14, 
844.]  41 


Chap,  80. 


Commissioners 
to  be  appointed 
to  examine  ob- 
structions, &c. 
and  report  to 
the  next  legis- 
lature. 


318 


1844. Chap.  81,  82,  83,  84,  85. 


Chap.  81. 


A  sum,&c.,  to 
be  reserved 
from  this  year's 
income  oi  the 
school  fund, 
and  paid  to 
Charlemont. 


Chap.  82. 

Appropriation 
of  $3000  to  the 
quarter  master 
general's  de- 
partment. 


Resolve  in  favor  of  the  town  of  Charlemont. 

Resolved,  That  there  be  reserved  out  of  the  present  year's 
income  of  the  school  fund  for  the  benefit  of  the  town  of 
Charlemont  a  sum  equal  to  what  that  town  would  have  re- 
ceived if  it  had  made  the  return  for  the  year  1842,  required 
by  law,  and  that  the  sum  so  reserved  be  added  to  the 
share,  if  any,  to  which  said  town  of  Charlemont  may  be 
entitled  from  the  present  year's  income  of  the  said  fund. 
[Approved  by  the  Governor,  March  14,  1844.] 


Resolve  concerning  the  Quarter  Master  General's  Department. 

Resolved,  That  the  sum  of  three  thousand  dollars  is  here- 
by appropriated  to  defray  the  expenses  of  the  quarter  mas- 
ter general's  department  for  the  current  year,  and  that 
warrants  be  drawn  therefor.  [Ajyproved  by  the  Governor, 
March  14,  1844.] 


Chaj).  83.  Resolve  for  the  disposition  of  Scientific  Reports. 

Resolved,  That  his  excellency  the  governor,  by  and  with 
Disposal  of  sci-  the  advicc  of  council,  is  hereby  authorized  and  empowered  to 
by^ffovernor^  dispose  of  the  copies  of  scientific  reports  now  remaining  in 
an(f  council.       the  office  of  secretary  of  state,  in  such  manner  as  shall  best 

subserve  the  cause  of  science  and  education.     [Apjjroved  by 

the,  Governor,  March  14,  1844.] 

ChaV    84  Resolve  on  the  Petition  of  George  V.  Corey  and  another. 

Resolved,  for  the  reasons  set  forth  therein,  that  the  said 
Trustees  under  George  V.  Corey  be  and  he  hereby  is  authorized  to  con- 
deed  of  George  .^gy  g^j-j(j  confirm   unto  Ferdinand  G.   Simpson,  his  heirs 

Lyon  may  con-         J,  .  „  ■       r  ■        <  ■,-,-,  i       r     , 

vey  real  estate,  and  assigns  lorever  in  lee  simple,  and  discharged  of  the 
trust  hereinafter  mentioned,  all  the  real  estate  which  by 
the  deed  of  George  Lyon,  recorded  in  the  registry  of 
deeds  for  the  county  of  Suffolk,  1.  493  f.  280,  was  con- 
veyed to  said  George  V.  Core)'',  in  trust  for  Elijah  Corey 
Morse,  a  minor.  [Approved  by  the  Gover?tor,  March  14, 
1844.J 


Chap.  85. 


Trustee  under 
deed  of  Hannah 
T. Chamberlain 
may  sell  real 
estate. 


Resolve  on  Petition  of  James  Weld,  Trustee. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  the 
said  James  Weld,  trustee  for  Angelina  Wheelwright,  wife  of 
Gardner  Wheelwright,  under  a  deed  from  Hannah  S. 
Chamberlain  to  him  dated  August  twenty-ninth,  eighteen 
hundred  and  thirty-eight,  and  recorded  in  the  registry 
of  deeds  for  the  county  of  Suffolk,  liber  434,  folio  145,  be 
and  he  hereby  is  authorized  and  empowered  to  sell  the 
estate  described  in  said  deed,  either  at  public  or  private 
sale,  and  to  make,  execute  and  deliver  good  and  sufficient 
deeds  thereof:  provided  however,  that  the  said  Weld  shall 


1844. Chap.  85,  86,  87. 


319 


receive  and  hold  the  proceeds  of  such  sales  npon  the  same 
uses  and  trusts,  and  none  other,  as  he  now  holds  the  said 
real  estate  under  and  by  virtue  of  the  deed  aforesaid.  [Ap- 
proved by  the  Governor.^  March  14,  1844.] 


But  must  hold 
the  proceeds 
for  the  same 
uses. 


Resolve  to  authorize  the  Trustees  of  the  Congregational  Ministerial  Fund    Chdp.  86. 
in  Hadley  to  distribute  said  Fund.  -^ 


Resolved,  for  reasons  set  forth  in  the  petition  of  the  trus- 
tees of  the  congregational  ministerial  finid  in  Hadley,  that 
said  trustees  are  authorized  to  distribute  the  ministerial 
fund  in  their  hands,  created  under  the  provisions  of  an  act 
entitled  "  an  act  to  incorporate  the  trustees  of  the  congrega- 
tional ministerial  fund  in  the  town  of  Hadley,"  passed  Feb- 
ruary twelfth,  in  the  year  one  thousand  eight  hundred  and 
twenty-four,  among  the  three  congregational  societies  in  said 
town  of  Hadley,  in  manner  and  in  the  proportions  following ; 
to  wit,  two  fifth  parts  thereof  to  the  first  parish,  one  fifth 
part  to  the  second  or  north  parish,  and  the  remaining  two 
fifth  parts  to  the  third  parish,  called  the  Russell  society,  to 
be  disposed  of  by  said  parishes  for  the  support  of  the  min- 
istry in  such  manner  as  said  parishes  respectively  shall 
judge  proper  :  And  the  said  trustees,  upon  the  distribution 
and  payment  of  said  fund,  in  manner  as  aforesaid,  shall  be 
wholly  discharged  therefrom,  and  from  the  trust  created  by 
the  act  aforementioned.  [Approved  by  the  Goverfior,  March 
14,  1844.] 


Trustees  may 
divide  the 
fund  in  certain 
proportions  be- 
tween three 
congregational 
societies. 


Resolves  concerning  the  Annexation  of  Texas. 

1.  Resolved,  That  the  power  to  unite  an  independent  for- 
eign state  with  the  United  States  is  not  among  the  powers 
delegated  to  the  general  government  by  the  constitution  of 
the  United  States. 

2.  Resolved,  That  the  Commonwealth  of  Massachusetts, 
faithful  to  the  compact  between  the  people  of  the  United 
States,  according  to  the  plain  meaning  and  intent  in  which 
it  was  understood  and  acceded  to  by  them,  is  sincerely 
anxious  for  its  preservation,  but  that  it  is  determined,  as  it 
doubts  not  the  other  states  are,  to  submit  to  undelegated 
powers  in  no  body  of  men  on  earth  ;  That  the  project  of 
the  annexation  of  Texas,  unless  arrested  on  the  threshhold, 
may  tend  to  drive  these  states  into  a  dissolution  of  the 
union,  and  will  furnish  new  calumnies  against  republican 
governments  by  exposing  the  gross  contradiction  of  a  peo- 
ple professing  to  be  free,  and  yet  seeking  to  extend  and 
perpetuate  the  snhjection  of  their  slaves. 

3.  Resolved,  That  his  excellency  the  governor  be  request- 
ed to  transmit  a  copy  of  the  foregoing  resolves  to  each  of 
the  senators  and  raetnbers  of  the  house  of  representatives  of 
this  Commonwealth  in  the  congress  of  the  United  States. 


Chap.  87. 

No  power  to 
unite  a  foreign 
government 
given  by  the 
constitution. 


Massachusetts 
will  not  submit 
to  undelegated 
powers. 


Evils  threaten- 
ed by  the 
scheme  of  an- 
nexing Texas. 


Copy  to  be 
transmitted  to 
Massachusetts 
members  of 
congress. 


320 


1844. Chap.  87,  88,  89,  90,  91. 


And  to  the 

president  and 
governors. 


Chap.  88. 


A  sum,  &c.  to 
be  reserved 
from  this  year's 
income  of  the 
school  fund, 
and  paid  to 
Greenwich. 


Chap.  89. 


A  sum,  &c.  to 
be  reserved  out 
of  the  present 
year's  mcome 
of  the  school 
fund,  and  paid 
to  Mt.  Wash- 
ington. 


Chap.  90. 


Appropriation 
ol  $300  lor 
book  cases, 


Committee  to 
inquire,  &c.  re- 
specting hetler 
accommoda- 
tions for  the 
library.. 


Chap.  91. 


Guardian  may 
seil  an  interest 
in  certain  leal 
estate  for  not 
less  than  $2750- 


4.  Resolved^  That  his  excellency  the  governor  be  request- 
ed to  transmit  a  copy  of  the  same  resolves  to  the  executive 
of  the  United  States  and  of  the  several  states.  {Aj^proved 
by  the  Governor,  March  15,  IS 44.] 

Resolve  in  favor  of  the  town  of  Greenwich, 

Resolved,  That  there  be  reserved  out  of  the  present  year's 
income  of  the  school  fund,  for  the  benefit  of  the  town  of 
Greenwich,  a  sum  equal  to  what  that  town  would  have 
received,  if  it  had  made  the  return  required  by  law,  and 
that  the  sum  so  reserved,  be  added  to  the  share,  if  any,  to 
which  said  town  may  be  entitled  from  the  present  year's 
income  of  said  fund.  [Ajjproved  by  the  Governor,  March 
15,  1844.J 

Resolve  in  favor  of  the  town  of  Mount  Washington. 

Resolved,  That  there  be  reserved  out  of  the  present  years 
income  of  the  school  fund,  for  the  benefit  of  the  town  of 
Mount  AVashington,  a  sum  equal  to  what  that  town  would 
have  received  if  it  had  made  the  return  required  by  law, 
and  that  the  sum  so  reserved  be  added  to  the  share,  if  any, 
to  which  said  town  may  be  entitled,  from  the  present  year's 
income  of  said  fund.  [Approved  by  the  Governor,  March 
15,  1844.] 

Resolves  relating  to  the  Library. 

1.  Resolved,  That  the  sum  of  three  hundred  dollars  be 
appropriated  for  procuring  additional  book  cases  for  the 
library  of  the  General  Court ;  said  cases  to  be  procured  by 
the  sergeant-at-arms,  with  advice  of  the  librarian,  and  the 
accounts  thereof  to  be  audited  and  paid  agreeably  to  the 
provisions  of  the  act  of  March  eighteenth,  eighteen  hundred 
forty-one,  entitled  "  an  act  relating  to  the  State  House." 

2.  Resolved,  That  the  committee  on  the  library  be  au- 
thorized, during  the  recess,  to  ascertain  in  what  way  and 
manner  enlarged  accommodations  for  the  library  may  be 
made,  within  the  State  House  or  otherwise,  with  the  esti- 
mated expense  of  the  same,  and  to  make  report  thereof  to 
the  next  Legislature.  [Ajyproved  by  the  Governor,  March 
15,  1844.] 

Resolve  on  the  Petition  of  David  S.  Greeiiough,  guardian. 

Resolved,  for  the  reasons  set  forth  in  said  petition,  that 
David  S.  Greenough  be  and  he  hereby  is  a'.ithorized  to  sell 
atid  convey  unto  any  person  or  persons,  at  and  for  the  con- 
sideration or  price  of  not  less  than  twenty-seven  hundred 
and  fifty  dollars,  one  undivided  quarter  part  of  the  follow- 
ing described  real  estate  situated  in  Roxbury,  in  the  county 
of  Norfolk  and  Commonwealth  aforesaid,  bounded  westerly 


1844. Chap.  91,  92,  93.  321 

on  the  main  road  thirty  three  rods  more  or  less  ;  northerly 
by  land  late  of  Joseph  Brewer,  twenty-four  rods  ten  links; 
easterly  partly  on  land  of  William  Dehon  and  James  Read, 
trustees,  and  partly  on  a  private  way  twenty-five  and  one 
half  rods;  southerly  on  a  private  way  thirty-four  rods  to 
the  main  road;  with  all  the  privileges  and  appurtenances, 
containing  five  acres  three  quarters  and  twenty-three  rods, 
according  to  E.  F.  Woodward's  plan  in  November.  A.  D. 
1836  ;  and  that  the  deed  of  said  David  S.  executed  and 
delivered  under  this  resolve  for,  and  in  behalf  of  Jane  U. 
Greenongh,  his  ward,  shall  convey  unto  the  purchaser  or 
purchasers,  all  her  right,  title,  interest  and  estate  in  and  to 
said  real  estate,  as  efFcctually  as  if  said  minor  being  of 
full  age,  had  personally  in  due  form  of  law,  made  a  proper 
conveyance  thereof:  provided  however^  that  before  making 
said  conveyance,  said  David  S.  shall  give  bond  with  suffi-  But  must  first 

•'  '  .  I'iri  •  -1    ^ive  bonds  to 

cient  surety  or  sureties,   to   the  judge  ot  probate  \\\  said  account  for  the 
county  of  Norfolk,  in  sufficient  penalty  to  account  to  said  purdiase  mon- 
minor  for  the  price  to  be  received  for  said  land,   with  the  ^^' 
accumulating  interest.     [Ajrproved  by  the  Governor,  March 
15,  1844.J 

Resolves  on  the  Petition  of  the  County  Commissioners  of  the  County  of    (JhttV.  92. 

Hampshire.  ^' 

Resolved,  That  the  county  commissioners  of  the  county 
of  Hampshire,  in  apportioning  the  next  county  tax  for  the  County  com- 
said  county,  among  the  several  towns  therein,  be  and  they  !"isMoners  of 

,  ,  1        •        I  T  1  1         •  Hampshiremav 

hereby  are  authorized   and  empowered  to  correct  the   ine-  correct  an  error 
quality  which  occurred  in  the  apportionment  of  the  county  ip  the  appor- 
tax  for   the  said  county  for  the  year  one  thousand  eight  taxes  for  i84i. 
hundred  and  forty-one,  by  reason  of  the  same  being  erro- 
neously apportioned  and  assessed  upon  estates  only:  and 

Resolved,  That  the  said  inequality  be  corrected,  by  de-  Manner  of  the 
ducting  from  the  amount  of  the  tax  next  to  be  assessed  correction. 
upon  every  town,  which  was  assessed  beyond  its  just  pro- 
portion in  the  said  year  one  thousand  eight  hundred  and 
forty-one,  the  sum  so  over  assessed,  and  by  adding  to  the 
amount  of  the  tax  next  to  be  assessed  upon  every  town, 
which  was  assessed  less  than  its  just  proportion  in  that 
year,  the  sum  in  which  it  was  so  under  assessed.  [Ap- 
proved  by  the  Governor,  March  15,  1844.] 

Resolve  on  the  Petition  of  Harriet  W.  Eager  and  others.  ChcLTt.  93. 
Resolved,  for  reasons  set  forth  in  said  petition,  that  the 

said  Harriet  W.  Eager  be,  and  she  hereby  is  authorized  to  Power toinvest 

invest  in  the  purchase  of  real  estate  in  Nortliboro',  the  sum  ^1  ^"^ll^^'^'^u" 

r    ■      I  11  1      •  1    11  •      1     ■  1  T       iNor'nborough, 

01  SIX  hundred  and  nineteen  dollars;  it  being  the  proceeds  provided, &c. 
of  real  estate  devised  in  the  last  will  and  testament  of  Wil- 
liam Eager,  of  Northboro',  deceased,  provided  William  P. 


322 


1844. Chap.  93,  94,  95. 


Chap.  94. 


Judge  of  pro- 
bate for  Suffolk 
to  appoint  a 
trustee  for 
Elizabeth  Sul- 
livan. 


Who  may  con- 
vey an  interest 
in  certain  real 
estate. 


And  must  in- 
vest the  pro- 
ceeds for  cer- 
tain uses. 


And  give 
bonds. 


Chap,  95. 


A  sum,  &c.  to 
be  reserved 
Irom  this  year's 
income  of  the 


Eager,  and  William  W.  Whittemore,  guardian  of  the  minor 
children  of  said  deceased,  shall  signify  their  assent  to,  and 
approbation  of  such  investment :  and  provided,  also,  that  the 
deed  of  the  estate  so  purchased  by  her  be  so  made  as  to 
give  to  her  the  use  and  improvement  of  said  estate  during 
her  life,  and  after  her  decease  the  same  shall  be  the  proper- 
ty and  estate  in  fee  simple  of  William  F.  Eager,  John  D. 
Eager,  Laura  W.  Eager,  Charles  D.  Eager,  Mary  Ann 
Eager  and  George  H.  Eager,  children  of  the  deceased 
William  Eager.  [Approved  by  the  Governor.^  March  15, 
1844.] 

Resolve  oa  the  Petition  of  Nathaniel  Goddard. 

Resolved,  That  for  reasons  set  forth  in  said  petition,  that 
the  judge  of  probate  for  the  time  being,  in  the  county  of 
Suffolk,  be,  and  hereby  is,  authorized  and  directed  to  ap- 
point some  suitable  person  to  be  trustee  for  and  in  behalf  of 
Elizabeth  Sullivan,  wife  of  John  L.Sullivan,  so  long  as  the 
said  Elizabeth  shall  not  be  of  sane  mind ;  and  that  said 
trustee,  so  appointed,  be,  and  hereby  is,  authorized  and  em- 
powered to  convey  to  said  Nathaniel  Goddard,  or  his  as- 
signs, or  to  such  person  or  persons  as  he  may  in  writing 
appoint,  all  the  right  of  the  said  Elizabeth  Sullivan  in  the 
land  and  premises  mentioned  and  described  in  the  deed  of 
said  John  L.  Sullivan  to  said  Goddard,  recorded  in  the 
office  of  the  registry  of  deeds  for  the  county  of  Suffolk, 
book  201,  folio  161,  to  execute  a  good  and  sufficient  deed 
thereof,  for  such  sum  or  sums  as  he  (the  said  trustee)  may 
deem  just,  due  regard  being  had  (in  estimating  the  value 
thereof  and  of  her  chance  of  survivorship)  to  the  rate  of 
interest  established  by  law,  and  to  such  "  life  tables"  as  are 
commonly  used  by  the  Hospital  Life  Insurance  Company 
of  Boston.  And  said  trustee  shall  carefuU}^  invest  the  same, 
apply  the  net  income  thereof  to  her  support  and  mainte- 
nance during  her  natural  life ;  and  upon  her  decease  shall 
pay  over  and  transfer  to  her  heirs  at  law,  the  principal 
money,  so  received,  and  the  funds  in  which  it  may  be  in- 
vested, and  any  income  then  accrued  and  not  paid  over  : 
and  provided  also,  that  the  trustee  so  appointed  shall  first 
give  bonds  to  the  said  judge  of  probate,  with  sufficient 
surety  or  sureties,  for  the  faithful  performance  of  the  trusts 
and  duties  aforesaid.  [Apj)7-oved  by  the  Governor,  March 
15,  1844.] 

Resolve  in  favor  of  the  Towns  of  Williamstown  and  Medford. 

Resolved,  That  there  be  reserved,  out  of  the  present 
year's  income  of  the  school  fund,  for  the  benefit  of  the 
towns  of  Williamstown  and  Medford,  a  sum  equal  to  what 
those  towns  would  have  received  if  they  had  made  the  re- 


1844. Chap.  95,  96,  97,  98. 


323 


turns  required  by  law,  and  that  the  sums  so  reserved  be  school  fund, 
added  to  the  shares,  if  any,  to  which  said  towns  of  Wil-  wniSstown 
Hamstown  and  Medford  maybe  entitled  from  the  present  andMedford. 
year's  income  of  the  said  fund,     [Approved  by  the  Governor, 
March  15,  1844.] 


Resolve  in  favor  of  the  Town  of  Duxbury. 

Resolved,  That  there  be  reserved,  out  of  the  present 
year's  income  of  the  school  fund,  for  the  benefit  of  the  town 
of  Duxbury,  a  sum  equal  to  what  that  town  would  have 
received  if  it  had  made  the  return  required  by  law,  and 
that  the  sum  so  reserved  be  added  to  the  share,  if  any,  to 
which  said  town  may  be  entitled  from  the  present  year's 
income  of  said  fund.  [Apjjroved  by  the  Governor,  March 
15,  1844.] 

Resolve  on  the  Petition  of  Charles  Brigham,  Junior,  trustee  of  the  Grafton 
tribe  of  Indians. 

Resolved,  That  Ciiarles  Brigham,  Junior,  of  Grafton,  in 
the  county  of  Worcester,  trustee  of  the  Grafton  tribe  of 
Indians,  be  authorized  to  sell  at  public  auction  or  private 
sale,  a  small  tract  of  land  belonging  to  Zona  Gimbe  and 
Moses  L.  Gimbe,  of  said  tribe,  situated  in  Pine  Meadow, 
so  called,  in  Worcester,  in  said  county,  containing  about 
one  third  of  an  acre,  with  a  small  house  thereon ;  or  to  sell, 
as  aforesaid,  a  part  of  said  tract  of  land,  and  apply  the  pro- 
ceeds of  such  sale  to  the  purchase  of  other  real  estate  which 
will  better  accommodate  said  Zona  Gimbe  and  Moses  L. 
Gimbe ;  or  if  part  thereof  only  is  sold,  to  apply  the  pro- 
ceeds of  such  sale  to  the  improvement  and  repair  of  the 
estate  now  owned  by  them ;  provided,  the  said  Charles 
Brigham,  Junior  give  bond,  with  sufficient  surety  or  sure- 
ties, to  the  judge  of  probate  for  the  county  of  Worcester, 
and  to  the  satisfaction  of  said  judge  of  probate,  to  apply  the 
proceeds  of  such  sale  according  to  the  provisions  of  this 
resolve.     [Ajjproved  by  the  Governor,  March  15,  1844.] 


Chap.  96, 


A  sum.  &c.  to 
be  reserved  out 
of  last  year's 
school  tund, 
and  paid  to 
Duxbury. 


Chap.  97. 


Trustee  may 
sell  the  whole 
or  part  of  a 
piece  of  land, 
&c.,  and  invest 
the  proceeds  in 
the  purchase  of 
other  real  es- 
tate, or  in  re- 
pair, &c. 


But  must  first 
give  bond. 


Chap.  98. 


Resolve  relating  to  repairs  at  the  State  Prison. 

Resolved,  That  his   excellency  the   governor,   with 
advice  of  the  council,  is  authorized  to  cause  to  be  construct-  r>      .  u 

11  •  •      /-.I        1  T     •    T    •.  ■  ■,  Barn  to  be 

ed  at  the  state  prison,  in  Oharlestown,  a  brick  barn  with  a  built, 
slated  roof,  of  such  dimensions  as  may  be  required  for  the 
uses  of  said  prison,  and  to  be  located  in  the  most  conve- 
nient position  therefor,  in  the  stead  of  the  old  and  dilapidated 
building ; — and  that  he  also  cause  the  fences  in  and  about 
the  yards  of  said  prison,  which  are  in  decay,  to  be  suitably 
repaired  or  replaced  with  new  and  appropriate  gateways 
and  gates; — the  slating  on  the  roofs  of  the  store-room  and  slated  roofs, 
kitchen  of  the  warden's  house,  on  the  east  and  west  wings 


Fences  of 
yards. 


324 


1844. Chap.  98,  99. 


Walls. 

Guard-houses. 
Wooden  roofs. 

Doors  of  cells. 
Coal-shed. 


Appointment 
and  compensa- 
tion of  director 
of  tile  repairs. 


Convicts  may 
be  employed. 


Appropriation 
of  not  more 
than  $6000  to 
repairs. 


Appropriation 
of  S4611  to 
meet  the  defi- 
ciencies of  last 
year. 


Chap.  99. 


Trustee  may 
sell  certain 
real  estate. 


But  must  in- 
vest the  pro- 
ceeds for  the 
purposes  of  the 
trust. 
And  give 
bonds. 


of  the  old  prison,  and  on  the  blacksmith's  shops,  to  be  re- 
paired or  renewed  where  needed ; — the  walls  of  the  old 
prison,  and  of  the  stone  fence  around  the  prison  yard,  to 
be  pointed  with  cement ; — the  guard  houses  to  be  repaired, 
and  the  wooden  roofs  of  any  of  the  buildings  to  be  re-shin- 
gled where  the  same  is  required  for  their  preservation  ;• — the 
doors  of  the  cells  to  be  altered  in  such  manner  as  to  admit 
a  greater  degree  of  light ; — to  build  a  coal  shed,  and  to 
cause  such  necessary  repairs  to  be  made  in  and  about  the 
buildings  and  yards  as  the  security  of  the  property  from 
waste  by  neglect,  and  the  interest  of  the  Commonwealth 
therein,  may  render  expedient.  And  the  governor,  with 
the  advice  of  the  council,  is  further  authorized  to  appoint 
some  skilful  and  discreet  person  to  direct  the  work  in  the 
constructions  and  repairs  before  mentioned,  under  the  gen- 
eral supervision  of  the  warden  and  inspectors  of  the  prison. 
And  the  compensation  to  the  person  so  appointed  shall  be 
such  as  the  governor  and  council  diall  determine. 

Resolved^  That  in  the  execution  of  the  works  before 
authorized  to  be  done,  the  warden  of  the  prison  may  employ 
such  of  the  convicts  as  may  safely  and  to  advantage  labor 
therein. 

Resolved^  That  in  addition  to  the  labor  which  may  be 
performed  by  the  convicts  in  the  work  aforementioned,  and 
the  materials  from  the  old  barn  and  fences  to  be  removed, 
there  is  hereby  appropriated  to  the  constructions  and  repairs 
aforesaid,  from  the  treasury  of  the  Commonwealth,  a  sum 
not  exceeding  six  thousand  dollars,  to  be  drawn  for  by  war- 
rant of  the  governor  and  coiiricil,  in  such  sums,  from  time 
to  time,  as  they  may  judge  pror^er. 

Resolved^  That  a  further  sum  of  four  thousand  six  hun- 
dred and  eleven  dollars  be  a]>propriated  from  the  treasury 
of  the  Commonwealth,  to  supply  an  estimated  deficiency 
in  the  income  of  the  prison  to  meet  the  expenses  of  the  last 
year.     [Approved  by  the  Governor^,  Marcli  15,  1844.] 


Resolve  on  the  Petition  of  Joseph  T.  Chandler. 

Resolved^  for  reasons  set  forth  in  said  petition,  that  Joseph 
T.  Chandler,  trustee  under  the  last  will  and  testament  of 
Dorcas  Chandler,  deceased,  late  of  Salem,  in  the  county  of 
Essex,  is  Jiereby  empowered  to  sell,  at  public  or  private 
sale,  the  tbllowing  real  estate,  situated  in  said  Salem,  viz  : 
one  undivided  half  of  house  No.  11  Ash  street,  in  said  Sa- 
lem, with  the  land  under  and  adjoining  the  same,  and  to 
convey  the  same,  by  deed  duly  executed  and  ack'iiowl- 
edged;  and  the  said  trustee  shall  hold  and  invest  the  pro- 
ceeds 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  of  said  county  of  Essex  ;  provided,  that  said 
trustee  shall  first  give  bond,  with  sufficient  surety  or  sure- 


1844. Chap.  99,  100,  101,  102,  103. 


325 


ties,  to  the  said  judge  of  probate  for  the  faithful  execution 
of  the  power  hereby  conferred.  [Approved  by  the  Govern- 
or, March  15,  1844.] 

Resolve  in  relation  to  a  suit  in  equity  against  the  Norwich  and  Worcester    Cflttp  1 00. 
Kail-road  Company. 

Resolved,  That  his  excellency  the  governor,  by  and  with  The  governor 
the  advice  of  the  council,  be  hereby  authorized  to  appoint  ^[.g  &c.V 
some  suitable  person  or  persons,  to  attend  in  behalf  of  the  empioyiegal 
Commonwealth,  to  the  suit  in  equity  of  Edward  Whittemore  ^''^^^^^>  ^'^■ 
and  others  against  the  Norwich   and  Worcester  Rail-road 
Company,  now  pending  in  the  superior  court  of  the  state  of 
Connecticut,  and   to  take  such  measures  with  regard  to  the 
same,  as  they  may  consider  necessary  for  the  security  of 
the  rights  of  this  Commonwealth  under  the  mortgage  of  the 
said  rail-road  company  to  said  Commonwealth.     [Appj'oved 
by  the  Governor,  March  15,  1844.J 


ChaplOl. 


Resolve  for  repairing  the  Portraits  in  the  Senate  Chamber. 

Resolved,  That  the  clerk  of  the  senate  cause  the  portraits 
in  the  senate  chamber,  and  if  the  governor  and  council 
shall  so  direct,  the  portrait  of  Rev.  Mr.  Higginson,  now  sus- 
pended in  the  council  chamber,  to  be  thoroughly  repaired  ^^f^  |P  be  re- 
and  put  in  order,  and  that  a  warrant  be  drawn  to  pay  the  ^'^"^ 
expense  thereof.  [Approved  by  the  Governor,  March  15, 
1844.] 


Portraits  in  the 
Senate  and 
Council  cham- 


Resolve  for  the  payment  of  Military  Claims  audited  and  approved  by  the 
Adjutant  General. 

Resolved,  That  the  sum  of  fifteen  hundred  and  thirty- 
three  dollars  and  twenty-five  cents  be  appropriated  and 
paid  out  of  the  treasury  of  the  Commonwealth,  in  full  sat- 
isfaction for  the  claims  of  the  several  persons  whose  names 
are  boine  on  the  roll  of  military  accounts,  approved  by  the 
adjutant  general,  on  the  23d  February,  1844,  and  on  the 
second  roll  of  military  accounts,  approved  by  the  adjutant 
general,  March  7,  1844,  and  that  his  excellency  the  gov- 
ernor, with  the  advice  and  consent  of  the  council,  be  and 
he  hereby  is  authorized  to  draw  his  warrant  accordingly. 
[Approved  by  the  Governor,  March  16,  1844.] 

Resolves  relating  to  a  Preamble  and  Resolutions  and  certain  Proceedings  of 
the  General  Assembly  of  the  State  of  Virginia. 

Whereas  the  Legislature  of  this  Commonwealth,  on  the 
sixteenth  day  of  January  last,  did  unanimously  pass  cer- 
tain resolves,  recommending  an  amendment  of  the  con- 
stitution of  the  United  States,  so  as  to  apportion  repre- 
sentatives in  Congress  and  direct  taxes  among  the  several 
states  according  to  their  respective  number  of  free  per- 
42 


Chap  102. 


Appropriation 
of  $1,533  25. 


ChaplOS, 


Massachusetts 
Resolves  of 
January  16th. 


326  1844. — -Chap.  103. 

sons,  copies   of  which  resolves,  agreeably  to  the  terras 
thereof,  were  sent  by  his  excellency  the  governor  to  the 
,  president  of  the  United  States,  and  the  governors  of  the 

several  states : 
And  whereas  the  Genera!  Assembly  of  Virginia,  in  a  form 
unusual  in  the  intercourse  between  the  several  states  of 
this  union,  has  seen  fit  to  cause  the  copy  of  said  resolves, 
which  was  sent  to  the  executive  of  that  state,  to  be  re- 
turned to  his  excellency  the  governor,  accompanied  by 
the  following  preamble  and  resolutions  : 

"  PREAMBLE    AND    RESOLUTIONS. 

Virginia  Re-  "  The  govemor  of  this  commonwealth  having,  in  his  last 

rualy^isth  annual  message,  communicated  to  the  general  assembly  the 
resolutions  of  the  general  assembly  of  the  state  of  Massachu- 
setts, adopted  March  23,  1843 ;  and  having  this  day  commu- 
nicated the  resolutions  of  the  same  body,  passed  on  the  15th 
and  16th  of  January,  1844,  all  of  said  resolutions  proposing 
to  amend  the  constitution  of  the  United  States,  so  as  to  ap- 
portion representation  and  taxation  among  the  several  states 
according  to  their  respective  numbers  of  free  persons,  ex- 
cluding Indians  not  taxed  ;  of  which  resolutions  it  is  proper 
that  this  assembly  should  take  notice:  It  is  well  known 
that  the  recognition  and  protection  of  the  peculiar  interests 
of  the  slave-holding  states,  by  making  the  slaves  a  part  of 
the  basis  of  representation  and  taxation  in  the  federal  gov- 
ernment, was  a  compromise  upon  which  the  federal  union 
of  the  states  was  formed,  was  acknowledged  by  Massachu- 
setts in  convention  as  the  language  of  all  America,  adopted 
in  the  federal  convention  by  a  vote  almost  unanimous,  and 
is  essential  to  the  peace,  welfare  and  continuance  of  the 
slave-holding  states  in  this  Union:  Therefore,  Resolved, 
unanimously,  by  the  General  Assembly  of  Virginia,  1.  That 
we  cannot  regard  these  resolutions  as  in  truth  a  proposition 
to  amend  the  federal  constitution,  but  virtually  one  to  dis- 
solve the  Union.  2.  That,  whilst  we  have  forborne  the 
expression  of  complaint  at  the  disturbance  of  the  peace  and 
safety  of  the  South  by  the  agitation  of  the  subject  of  our 
peculiar  domestic  institutions  by  individuals  and  voluntary 
societies  at  the  North,  we  regard  this  attack  by  the  highest 
constitutional  authority  of  a  sister  state,  as  in  the  highest 
degree  unjust,  unkind,  faithless  to  the  compromises  of  the 
constitution,  and  meriting  the  deepest  condemnation  of 
every  patriot  and  friend  of  the  Union.  3.  That  when  we 
look  back  to  those  periods  of  our  history  when  Massachu- 
setts and  Virginia  cooperated  so  cordially,  zealously  and 
effectively  in  achieving  our  independence,  and  securing  it 
by  the  adoption  of  our  federal  constitution,  we  cannot  but 
regard  this  attack  with  increased  regret  and  abhorrence. 
4.  That  the  governor  of  this  Commonwealth  be  and  he  is 


1844. Chap.  103.  327 

hereby  requested  to  communicate  copies  of  the  foregoing 
preamble  and  resokuions  to  the  governors  of  the  several 
states,  with  the  request  that  they  may  be  laid  before  their 
respective  legislatures;  to  the  senators  and  representatives 
in  Congress  from  Virginia;  and  especially  to  return  the 
original  resolutions  to  the  governor  of  Massachusetts." 
"Adopted  by  the  General  Assembly,"  "February  15th, 
1844." 

Now,  therefore.  Resolved,  That  the  said  resolves  of  the  Reiteration  of 
Legislature  of  this  Commonwealth  do  express  the  deliberate  janurry°irth.° 
sentiments  of  the  people  of  Massachusetts;  that  they  do  in 
truth  and  in  good  faith  propose  an  amendment  of  the  con- 
stitution of  the  United  States;  that,  so  far  from  containing 
a  proposition  virtually  to  dissolve  the  Union,  they  assert  a 
principle  which  is  essential  to  its  stability  and  permanence, 
and  to  the  assertion  and  maintenance  of  which,  in  every 
constitutional  way,  the  people  of  Massachusetts  will  always 
hereafter,  as  they  now  do,  firmly  and  conscientiously  ad- 
here. 

Resolved,  That  the  fifth  article  of  the  constitution  of  the  Sense  of  the 
United  States,  by  which  a  mode  is  provided  for  the  amend-  [uUon\here-^" 
ment  of  that  instrimient,  with  bnt  a  single  restriction  as  to  upon, 
the  subject  of  such  amendment,  does  thereby  recognize  the 
right  of  the  people,  at  their  pleasure,  to  alter  any  or  all  of 
the    terms   and  conditions,    with  the  exception  aforesaid, 
upon  which  their  union  was  formed;  and   that  the  said 
article,  by  excepting  the  proportion  of  direct  taxes  from 
alteration  prior  to  the  year  eighteen  hundred  and  eight, 
does  thereby  expressly  admit  the  right  of  the  people,  by  an 
amendment  of  the  constitution,  to  change  the  basis  of  the 
apportionment  of  such  taxes  after  the  said  year  eighteen 
hundred  and  eight,  as  is  proposed  by  the  said  Resolves  of 
the  Legislature  of  this  Commonwealth. 

Resolved,  That  while  we  look  back   with  great  satisfac-  Massachusetts 
tion  "  to  those  periods  of  our  history  when  Massachusetts  SlpHndplel" 
and  Virginia  cooperated  so  cordially,  zealously  and  effect-  of  1776. 
ively  in  achieving  our  independence,  and  securing  it  by  the 
adoption  of  the  federal  constitution,"  it  is  our  highest  pleas- 
ure to  believe  that  Massachusetts,   from  that  time  to   the 
present,  in  her  laws  and  institutions,  has  asserted  and  illus- 
trated the  great  truths  of  the  declaration  of  independence. 

Resolved,  That  this  Legislature  cannot  but  regard   the  Character  of 
return  of  their  resolves,  by  the  General  Assembly  of  Vir-  t^^e  pioceed- 
gniia,  as  without  a  precedent  ni  the  correspondence  between  ginia. 
the  states  of  this   Union;   that  the  spirit  manifested  in  this 
proceeding  is  in  derogation  of  the  rights  and  independence 
of  a  sovereign  state,   and  is  a  violation  of  that  courtesy 
which  ought  ever  to  characterize  the  intercourse  between 
the  different  states  of  a  confederated  republic. 


328 


1844. Chap.  103,  104,  105,  106. 


Copies  to  be 
transmitted  to 
governors,  &c. 


Resolved,  That  the  governor  of  this  Commonwealth  be 
and  he  is  hereby  requested  to  commnnicate  copies  of  the 
foregoing  preamble  and  resolves  to  tiie  governors  of  the 
several  states,  with  the  request  that  they  may  be  laid  be- 
fore their  respective  legislatures.  [Apjiroved  by  the  Gov- 
ernor, March  16,  1844.] 


CA«/7l04. 


Selectmen  and 
commissioner 
to  divide,  &c., 
certain  real  es- 
tate. 


ChapXOb, 


Not  exceeding 
$65,000  to  be 
borrowed  and 
repaid,  &,c. 


Resolve  on  the  Petition  of  Oliver  Foller  of  the  District  of  Marshpee. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
the  selectmen  of  said  Marshpee,  and  the  commissioner  of 
said  district,  be  and  they  are  hereby  authorized  and  directed 
to  divide,  allot  and  set  off  in  severalty  to  the  said  Oliver 
Foller,  in  fee  simple,  sixty  acres  of  land  in  said  Marshpee, 
out  of  the  lands  remaining  in  common  and  undivided,  in 
the  same  manner  as  the  commissioners  appointed  under 
"  an  act  concerning  the  district  of  Marshpee,"  passed  March 
third,  eighteen  hundred  and  forty-two,  might  have  done. 
[Approved  by  the  Goveimor,  March  16,  1 844.  J 

Resolve  authorizing  the  Treasurer  to  borrow  money  in  anticipation  of  the 

State  Tax. 

Resolved,  that  the  treasurer  be  authorized  to  borrow  in 
anticipation  of  the  state  tax,  such  sums  of  money  as  may  be 
necessary  from  time  to  time  for  the  payment  of  any  public 
debt  which  may  fall  due  in  the  present  year,  and  of  any 
demands  on  the  treasury  before  the  first  day  of  February 
next,  and  that  he  repay  any  sum  he  may  borrow  as  soon 
as  money  sufficient  for  the  purpose  and  not  otherwise  ap- 
propriated, shall  be  received  into  the  treasury :  provided, 
that  the  whole  amount  borrowed  by  virtue  of  this  resolve 
and  remaining  unpaid,  shall  not  at  any  time  exceed  the 
sum  of  sixty-five  thousand  dollars.  \Approved  by  the  Gov- 
ernor, March  16,  1844.] 

Resolve  on  the  Petition  of  John  Lever. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  a  full 
and  indefeasible  title,  in  fee  simple,  be  and  hereby  is.  con- 
eftate^acq°uS  firmed  unto  John  Lever,  of  Douglas,  in  the  county  of  Wor- 
durmg  alien-  cester.  formerly  an  alien,  but  now  a  citizen  of  the  United 
^^^'  States,  in  and  unto  a  certain  tract  of  land  with  the  buildings 

thereon,  situate  in  the  easterly  part  of  said  Douglas,  con- 
taining about  eleven  acres,  and  bounded  on  the  east  by  the 
Preston  estate;  on  the  south  and  west  by  land  ot  Nahum 
Legg,  and  on  the  north  by  the  county  road,  as  more  par- 
ticularly described  in  the  deed  of  said  tract  of  land  from 
one  Theodore  Stone  to  said  Lever,  recorded  in  the  registry 
of  deeds  for  said  county  of  Worcester,  book  306,  page  408, 
the  same  having  been  given  on  the  twenty-eighth  day  of 
March,  in  the  year  eighteen  hundred  and  thiriy-five,  and 
before  the  said  Lever  was  admitted   as  a  citizen  of  the 


CA«pl06. 


Confirmation 


1844. Chap.  106,  107,  108,  109,  110.  329 

United  States;  to  hold  said  tract  of  land,  with  all  the 
privileges  and  appurtenances  thereto  belonging,  to  him  the 
said  John  Lever,  his  heirs  and  assigns  forever,  free  from 
any  forfeiture  or  right  of  escheat  to  the  Commonwealth,  by 
reason  of  the  former  alienage  of  said  Lever,  as  fully  as  if  he 
had  been  a  citizen  of  the  United  States,  when  said  estate 
was  conveyed  to  him  as  aforesaid.  [Ajijjroved  by  the  Gov- 
ernor, March  16,  1844.] 

Resolve  in  favor  of  Timothy  Paine.  ChciT)  107. 

Resolved,  That  for  reasons  set   forth  in   the  petition  of 
Timothy  Paine  ;   the  attorney  of   the  Commonwealth   for  Note  held  for 
the  county  of   Suffolk  be,  and  hereby  is,   authorized    to  the  Common- 
cancel  and  deliver  up  to  said  Paine  his  note  for  the  sum  of  compromised 
one  hundred  and  sixty  dollars,  dated  Marcii  31,  1843,  pay-  ^"'^  ^"'■;'^"' 
able  to  the  Commonwealth  of  Massachusetts  in  one  year  auorney  fo/ 
from  date,  with  interest:  j^rovided  said   Paine  shall,  on  or  Suffolk. 
before  the  thirty-first  day  of  March,  1844,  pay  to  said  at- 
torney the  sum  of  forty  dollars,   for  the  use  and  benefit 
of  the  Commonwealth.     [Approved  by  the  Governor,  March 
16,  1844.] 

Resolve  in  favor  of  the  towns  of  Shutesbury  and  Wellfleet.  CflQ.p  108. 
Resolved,  that  there  be  reserved  out  of  the  present  year's 

income  of  the  school  fund,  a  sum  equal  to  the  sums  which  a  sum,  &c.,  to 

the  towns  of  Shutesbury  and   Wellfleet  would    have   re-  from^Mriar' 

ceived,  if  they  had  made  the  returns  required  by  law,  the  income'o?t*he  ^ 

former  for  the  year  1842,  and  the  latter  for  the  year  1843,  School  Fund 

and  that  the  sums  so  reserved,  be  added  to  the  shares,  if  shutesbury  and 

any,   to  which   said    towns   may  respectively  be  entitled  Wellfleet. 
from  the  present  year's  income  of  the  said  fund.     {Approved 
by  the  Governor,  March  16,  1844.] 

Resolve  in  favor  of  "William  Shurtleff,  2d,  a  Representative  from  the  town    /^/,^„  1  HQ 
of  Middleborough.  C/mp  IViJ. 

Resolved,  That   there  be   allowed   and   paid,  out   of  the 
treasury  of  this  Commonwealth,  to  the  said  William  Shurt-  '^iJ^^s^toV^ 
leff,  2d,  in   addition  to  his  pay  as  a  member  of  the  house  representative 
of  representatives  for   the  present   year,  the  sum  of  seven-  son*o"fsicknS's 
ty-five  dollars  and  seventy-five  cents,  as  a  full  considera- 
tion of  all  claims  he  may  have  upon  this  Commonwealth, 
by  reason  of   sickness  during  the  present  session   of  the 
Legislature,  and  that  the  governor  draw  a  warrant  therefor 
accordingly.       [Approved    by    the     Governor,    JMarch    16, 
1844.] 

Resolve   authorizing  the  Treasurer  to  repay  the  balance  due  on  money  bor-    CllCtp  110. 
rowed  in  anticipation  of  the  sale  of  scrip.  ' 

Resolved,  That  so   much  of  the  loan,    authorized  by   a  Money  bor- 
rcsolve  passed   March   third,  eighteen   hundred  and  forty-  rowed,  &c.,  to 
two,  entitled  "  a  resolve  authorizing  the  treasurer  to  bor- 


330 


1844.- 


-Chap.  110,  111,  112,  113. 


be  repaid  from 
any  moneys 
not  otherwise 
ajtpropriated. 


row  money  iti  anticipation  of  the  sales  of  scrip,"  author- 
ized by  the  act  of  eighteen  hundred  and  thirty-seven, 
chapter  one  hundred  and  seventy-two,  as  may  remain 
unpaid,  after  appropriating  thereto,  the  proceeds  of  certain 
sales  authorized  by  the  resolves  of  the  present  year,  chap- 
ter thirty -third,  shall  be  defrayed  by  the  treasurer  from 
any  moneys  received  into  the  treasury,  and  not  otherwise 
appropriated.  [Approved  by  the  Governor,  March  16, 
1844.J 


Chap 


111      Resolve  concerning  the  Imprisonment  of  Citizens  of  this  Commonwealth  in 

other  States. 


The  governor, 
with  advice, 
&€.,  to  appoint 
agents  in 
Charleston  and 
New  Orleans. 


And  to  draw 
his  warrant  for 
expenses. 


Chap  112. 

$3  per  day  to 
clerks,  85  to 
assistant  clerk. 


$100  to  ejch 
clerk  for  copy- 
ing journals. 


ChapllS. 

Allowance  of 
$40  for  arrest- 
ing, &c.,  a  fu- 
gitive from 
justice. 


Resolved^  That  his  excellency  the  governor,  with  the 
advice  and  consent  of  the  council,  be  hereby  authorized  to 
employ  an  agent  for  the  port  of  Charleston  in  South  Caro- 
lina, and  an  agent  for  the  port  of  New  Orleans,  whose  duty 
it  shall  be  to  reside  in  said  port  for  a  term  of  time  not  ex- 
ceeding one  year,  for  the  purposes  specified  in  the  resolves 
relating  to  this  subject,  passed  on  the  twenty-fourth  of 
March,  in  the  year  one  thousand  eight  hundred  and  forty- 
three  ;  and  that  his  excellency  the  governor  be  hereby  au- 
thorized to  draw  his  warrant  to  cover  any  necessary  ex- 
penses incnrred  in  carrying  into  effect  this  or  the  aforemen- 
tioned resolves,  after  the  same  shall  have  been  audited  and 
allowed  by  the  council,  to  be  paid  out  of  the  public  treas- 
ury.    [Appi'oved  by  I  he  Governor,  March  16,  1844.] 


Resolve  for  the  pay  of  the  Clerks  of  the  Legislature. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  the  clerk  of  the  Senate, 
the  sum  of  eight  dollars  per  day,  and  to  the  assistant  clerk 
of  the  Senate  the  sum  of  five  dollars  per  day,  and  to  the 
clerk  of  the  House  of  Representatives,  the  sum  of  eight 
dollars  per  day,  for  each  and  every  day's  attendance  they 
have  been,  or  may  be  employed  in  that  capacity  during  the 
present  session  of  the  legislature,  and  for  such  further  time 
as  they  may  be  employed  not  exceeding  twelve  days,  after 
the  rising  of  the  general  court,  in  arranging  the  papers  and 
documents  of  the  session;  and  that  there  be  further  paid  to 
the  clerk  of  the  Senate,  and  to  the  clerk  of  the  House  of 
Representatives,  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  ac- 
cordingly.    [Approved  by  the  Governor,  March,  16,  1844.] 

Resolve  in  favor  of  Newton  P.  Merwin. 

Resolved,  That  for  reasons  set  forth  in  the  petition,  there 
be  allowed  and  paid  out  of  the  treasury  of  the  Common- 
wealth to  Newton  P.  Merwin,  the  sum  of  forty  dollars,  for 


1844.' 


Chap.  113,  114,  115,  116,  117. 


331 


his  services  in  arresting  and  bringing  to  justice  one  John 
Phelin,  a  counterfeiter,  and  the  governor  is  authorized  to 
draw  his  warrant  accordingly.  [Approved  by  the  Governor, 
March  IG,  1844.] 


Resolve  on  the  Petition  of  Charles  Tyler.  Chap  114. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
the  judge  of  probate  for  the  county  of  Suffolk,  bo,  and  he 
hereby  is  authorized  and  directed  to  grant  letters  of  ad- 
ministration to  the  said  Charles  Tyler,  of  all  the  goods  and 
estate  Avhich  were  of  Peter  Capen  late  of  Boston,  deceased, 
and  to  settle  and  allow  the  accounts  of  the  said  adminis- 
tration, in  the  same  way  and  manner  as  if  the  said  Charles 
Tyler  were  the  sole  heir  at  law  of  the  said  Peter  Capen; 
the  Commonwealth  hereby  releasing  to  the  said  Charles 
Tyler,  his  heirs  and  assigns,  all  title,  claim,  and  interest  in 
and  to  the  said  estate  by  reason  of  the  dying  of  the  said 
Peter  Capen,  without  legal  heirs  :  provided,  that  no  person 
or  persons  shall  make  and  substantiate  by  evidence,  a 
claim  to  the  said  estate,  as  the  heir  or  heirs  at  law  of  the 
said  Peter  Capen,  within  six  months  of  the  granting  of 
administration  as  aforesaid.  [Approved  by  the  Governor, 
March  16,  1844.] 

Resolve  for  the  payment  of  sundry  Printers  and  Miscellaneous  Accounts.      L/Hdp  1  lO. 
Resolved,  That  there  be  allowed  and  paid  out  of  the  pub-    ,„ 

Tx  ^.1  1  ,]  Allowance  of 

he  treasury,  to  the  several  corporations  and  persons  men-  $3034  46  to 
tioned  in  the  accompanying  roll,  the  sums  set  against  their  printers,  &c., 
names  respectively,  amounting  in  the  whole  to  the  sum  of 
eight  thousand  and  thirty-four  dollars  and  six  cents ;  the 
same  being  in  full  discharge  of  the  accotmts  and  demands 
to  which  they  refer;  and  that  a  warrant  be  drawn  accord- 
ingly.    [Ajjjrroved  by  the  Governor,  March  16,  1844.] 


Administration 
to  be  granted 
on  the  estate  of 
Peter  Capen. 


Release  of  the 
Conimon- 
wealth's   inter- 
est in  said  es- 
tate. 


Provided  no 
heir  at  law  ap- 
pears within 
six  mouths. 


Resolve  in  favor  of  the  widow  of  Charles  Lincoln. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  widow  of  Charles 
Lincoln,  late  warden  of  the  States  Prison,  in  Charlestown, 


CA«pll6. 

Allowance  of 
S1500  to  the 
widow  of  the 

the  sum  of  fifteen  hundred  dollars,  being  the  amoimt  of  late  warden  of 
one  year's  salary  of  that  officer ;  and  the  governor  is  hereby  \^^   '^^^    "" 
authorized  to  draw  his   warrant  accordingly.     [Approved 
by  the  Governor,  March  16,  1844.] 

Resolve  relating  to  Revolutionary  Papers. 

Resolved,  That  the  secretary  of  the  Commonwealth  be 
authorized  and  directed  to  cause  twenty-two  volumes  of 
'•Continental  Rolls"  to  be  rebound;  and  to  cause  the  in- 
dexes of  these  rolls  which   are  defaced  and  worn,  to  be 


ChapUl. 


Indexes  to  con- 
tinental rolif  to 
be  copied  and 
volumes  of  rolls 
bound. 


332 


1844.- 


-Chap.  117,  118. 


Washington 
rolls  to  be  in- 
dexed, provid- 
ed, Sac, 


Chap 


More  than  two 
hundred  acres 
may  be  set  off, 
provided,  &c. 


Lots  to  be  set 
off,  though  not 
occupied  six 
years  before 
the  treaty  of 
Washington. 


Separate  re- 
turns of  such 
lots  to  be  made 
to  the  land  offi- 
ces of  Massa- 
chusetts and 
Maine. 


Who  may  con- 
vey them  on 
reasonable 
terms,  &c. 


Commissioners' 
powers  and  du- 
ties to  be  trans- 
ferred to  the 
land  agent  after 
January  1st, 
1845. 


Surveys  to  be 
confined  to 
lands  held  in 
common  with 
the  state  of 
Maine. 


copied :  provided,  that  all  the  expense  under  this  resolve 
shall  not  exceed  seventy-five  dollars. 

Resolved,  That  the  secretary  be  further  authorized  and 
directed  to  cause  such  volumes  as  were  returned  from 
Washington  in  the  year  1843,  and  in  his  opinion  require 
indexing,  to  be  fully  indexed  as  soon  as  possible :  provided 
hoivever,  that  the  whole  expense  of  indexing  all  such  rolls 
as  require  indexing,  shall  not  exceed  fifteen  hundred  dollars. 
[Approved  by  the  Governor,  March  16,  1844.] 

118.    Resolves  concerning  the  Commissioners  to  locate  Grants,    under  the  late 

Treaty  with  Great  Britain. 

Resolved,  That  the  commissioners  may  set  off  to  any  in- 
dividual a  larger  quantity  of  land  than  two  hundred  acres, 
whenever  in  their  opinion  it  is  necessary  to  do  so,  in  order 
that  they  may  better  carry  out  the  object  and  intentions  of 
the  treaty  ;  or  when  justice  or  good  policy  require  it. 

Resolved,  That  said  commissioners  are  hereby  required 
to  set  off  a  lot  of  land  to  each  settler  on  the  undivided  lands 
within  the  territory  referred  to  in  the  resolves  passed  the 
twenty-fourth  day  of  March,  one  thousand  eight  hundred 
and  forty-three,  authorizing  the  appointment  of  the  said 
commissioners,  which  settler  had  commenced  his  improve- 
ments on  such  lot  before  the  signing  of  the  treaty  of  Wash- 
ington, notwithstanding  that  his  possession  should  not  have 
continued  six  years  at  the  time  of  making  said  treaty.  And 
in  the  return  which  the  commissioners  shall  make  to  the 
land  offices  of  the  states  of  Massachusetts  and  Maine,  they 
shall  return  a  separate  list  of  such  lots  as  have  not  been 
held  six  years  before  the  date  of  the  treaty  of  Washington  ; 
and  the  land  agents  of  said  states  are  authorized  to  convey 
such  lots  to  the  persons  to  whom  they  are  set  off,  for  such 
sum  as  they  may  deem  just  and  equitable.  The  said  agents 
are  further  authorized  to  receive  in  payment  for  said  land, 
labor  on  the  roads,  or  cash  at  their  discretion. 

Resolved,  That  the  powers  and  duties  of  any  commis- 
sioners who  have  been  or  may  be  appointed  by  the  governor 
and  council  under  the  authority  conferred  by  the  resolves 
passed  on  the  twenty-fourth  day  of  March,  one  thousand 
eight  hundred  and  forty-three,  shall  cease  and  determine 
from  and  after  the  first  day  of  January  next;  and  the  du- 
ties of  said  commissioners  shall,  from  and  after  that  date 
be  performed  by  the  land  agent.  And  the  said  commis- 
sioners are  hereby  directed  to  make  their  final  report  to  the 
governor  and  council  on  or  before  the  said  day,  in  the  man- 
ner provided  in  the  resolves  aforesaid. 

Resolved,  That  the  said  commissioners  shall  henceforth 
confine  their  surveys  to  such  lands  as  are  held  by  this 
Commonwealth  in  common  with  the  state  of  Maine. 

Resolved,  That  his  excellency  the  governor  be  requested 


1844. Chap.  118,  119,  120,  121 


333 


to  transmit  a  copy  of  these  resolves  to  the  o:overnor  of  the   ^^py  ^9  ^%  ^ 

o  trn.iismilt6ci  to 

state  of  Maine.     [Approved  by  the    Governor^    March    16,    the  governor 
1844.]  of  Maine. 

Resolve  couceruing  the  manner  of  making  claims  for  the  support  of  State    CJldp  119. 

Paupers. 

Resolved,  Tliat  no  payment  shall  be  hereafter  made  from  claims  for  the 
tlie  treasury  of  this  Commonwealth  of  any  account  for  the  support  of  state 

r  ,  -1  ,111  •       paupers,  how 

support  ot  state  paupers,  unless  said  account  shall  be  certi-  to  beauihcnti- 
fied  under  oath  or  affirmation,  by  a  majority  of  the  select-  cate.i. 
men,  or  overseers  of  the  poor  of  the  town  or  city  presenting 
it :  and  such  certificate  shall  declare  that  the  amount  claim- 
ed has  been  expended  in  conformity  with  the  laws  of  the 
Commonwealth  relating  to  the  support  of  state  paupers, 
and  that  every  person  for  whose  support  payment  is  claim- 
ed, has  been  actually  and  entirely  supported  by  such  town 
or  city  the  whole  number  of  days  specified  in  such  claim. 
The  directors  of  the  House  of  Industry,  and  the  superin- 
tendent and  steward  of  the  Hospital  for  the  Insane  in  the 
city  of  Boston,  shall  have  the  same  privileges,  and  be  sub- 
ject to  the  same  restriction,  that  the  selectmen  and  over- 
seers of  the  poor  are  subject  to  in  this  resolve.  And  the 
secretary  of  the  Commonwealth  is  hereby  directed  to  incor- 
porate the  substance  of  this  resolve  in  the  blank  returns  for 
the  support  of  state  paupers.  [Appi^oved  by  the  Governor, 
March  16,  1844.J 

Resolve  relating  to  the  Salary  of  the  Clerk  in  the  Adjutant  General's  office      CflCin  120» 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth,  to  William  Learnard,  clerk 
in  the  office  of  the  adjutant  general,  such  a  sum,  as  togeth- 
er with  what  he  has  already  received,  will  make  up  his 
salary  as  said  clerk  until  the  fourteenth  day  of  April  last, 
and  that  a  warrant  be  drawn  therefor  accordingly.  \Ap- 
proved  by  the  Governor,  March  16,  1844. J 


Provision  for 
the  city  of  Bos- 
ton, in  the 
premises. 


Secretary  to 
give  notice  of 
this  resolve. 


Salnrv  of  Wil- 
liam Learnard 
coiitmued  to 
April  14th, 
1843. 


A  Resolve  to  pay  for  altering  the  table  of  the  Senate. 

Resolved,  That  the  governor  be  requested  to  draw  war- 
rants on  the  treasury  in  favor  of  the  clerk  of  the  Senate, 
for  such  sums  as  may  be  necessary  to  pay  the  expense  of 
altering  the  table  in  the  senate  chamber,  agreeably  to  the 
order  of  tbe  Senate  of  the  twelfth  day  of  March  instant. 
[Approved  by  the  Governor,  March  16,  1844.] 
43 


Chapl2l 


Warrant  in 
favor  of  the 
clerk  of  the 
Senate,  for 
such  sums,  &c. 


(S^ommontoeaUf)  of  Massachusetts* 


SECRETARY'S  OFFICE,  April  17, 1844. 

I  HEREBY  Certify,  that  I  have  compared  the  printed  copies  of  the  Acts 
and  Resolves,  contained  in  this  pamphlet,  with  the  originals,  and  find  the  same 
to  be  correct 

JOHN  G.  PALFREY, 

Secretary  of  the  Commonwealth. 


ROLL  OF  PAUPER  ACCOUNTS. 


[See  Chap.  10,  Page  296.] 


COUNTY  OF  ESSEX. 


Amesbury, 

for  support,  &c. 

of  State  Paupers, 

.    ^5  00 

Andover, 

same. 

.            •             . 

.  233  36 

Beverly, 

same, 

.     36  25 

Bradford, 

same. 

.    54  44 

Danvers, 

same, 

.  186  94 

Essex, 

same, 

.     51  10 

Georgetown, 

same. 

.  298  bl 

Gloucester, 

same. 

.  197  65 

Haverhill, 

same, 

.     82  91 

Lynn, 

same, 

.  414  28 

Manchester, 

same. 

.     50  40 

Marblehead, 

same. 

.     35  65 

Methuen, 

same, 

.     14  84 

Middleton, 

same. 

.     36  82 

Nev/buryport, 

same. 

1355  89 

Newbury, 

same, 

.  287  75 

Rowley, 

same, 

.      6  58 

Rockport, 

same, 

.  269  59 

Salem, 

same, 

$1888  99,  and 

small 

pox 

ac- 

count 

,     154  11, 

2043  76 

Salisbury, 

same, 

.      9  45 

Saugus, 

same. 

, 

.     17  15 

Topsfield, 

same, 

,            , 

.    25  55 

Wenham, 

same, 

• 

.      4  69 

Whole  amount  for  Essex, 


$5718  62 


COUNTY  OF  MIDDLESEX. 


Acton, 

for  support,  &c. 

,  of  State  Paupers, 

.    $6  12 

Ashby, 

same,     . 

.     25  55 

Boxboro', 

same,     . 

.     18  57 

Billerica, 

same,     . 

.    29  89 

Brighton, 

same,     . 

.    33  21 

Burlington, 

same,     . 

.     38  15 

Cambridge, 

same,     . 

1635  26 

Carlisle, 

same,     . 

.     25  65 

Charlestown, 

same,     . 

4945  27 

336 


PAUPER  ACCOUNTS. 


Chelmsford, 

for  support, 

&c 

Concord, 

same,     . 

DracLit, 

same,     . 

Framingham, 

same,     . 

Hopkinton, 

same,     . 

Holliston, 

same,     . 

Lexington, 

same,     . 

Lincoln, 

same,     . 

Littleton, 

same,     . 

Lowell, 

same,     . 

Maiden, 

same,     . 

Marlboro' 

same,     . 

Medford, 

same,     . 

Natick, 

same,     . 

Newton, 

same,     . 

Pepperell, 

same,     . 

Reading, 

same,     . 

Shirley, 

same,     . 

Somerville, 

same,     , 

Stoneham, 

same,     . 

Townsend, 

same,     . 

Tyugsboro' 

same,     . 

Waltham, 

same,     . 

Watertown, 

same,     . 

Wayland, 

same,     . 

Woburn, 

same,     . 

of  State  Paupers, 


Whole  amount  for  Middlesex, 


.    $6 

79 

.     46 

99 

.     42 

87 

.     43 

30 

.     21 

35 

.     21 

35 

.     51 

69 

.     12 

18 

.     S7 

06 

2326 

31 

.     81 

40 

.     12 

91 

.  362 

00 

.     24  47 

.  122 

54 

.       3 

78 

.     17 

11 

.     29 

20 

.       3 

56 

.     25 

55 

.     42 

70 

.     55 

26 

.     67 

82 

.  272 

12 

.       5 

97 

.     64  69 

$10,608 

54 

COUNTY  OF  WORCESTER. 


Ashburnham, 

for  support, 

(fee,  of  State  Paupers, 

.  $15  47 

Auburn, 

same,     . 

•             . 

.     25  55 

Brookfield, 

same,     . 

•            .             . 

.     28  80 

Boylston, 

same,     . 

.       1  47 

Charlton, 

same,     . 

. 

.     63  77 

Dana, 

same,     . 

.            •            • 

.     94  90 

Dudley  Indians 

,,  to  Nathaniel  Hunt  for  his  account, 

.  196  99 

Douglas, 

for  support, 

&c.  of  State  Paupers, 

.     48  69 

Fitchburg, 

same,     . 

.             . 

.     14  89 

Grafton, 

same,     . 

.     26  70 

Hard  wick. 

same,     . 

.     14  60 

Holden, 

same,     . 

.     25  28 

Hubbardston, 

same,     . 

.     25  55 

Harvard, 

same,     . 

.       5  00 

Leicester, 

same,     . 

.  145  78 

Leominster, 

same,     . 

.     11   76 

Mendcn, 

same,     . 

.     52  24 

Mil  ford, 

same,     . 

.     25  55 

PAUPER  ACCOUNTS. 


337 


Millbiiry, 

New  Braintree, 

Northboro', 

Northbridge, 

N.  Brookfield, 

Oakham, 

Oxford, 

Petersham, 

Shrewsbury, 

Spencer, 

Sturbridge, 

Sutton, 

Upton, 

Uxbridge, 

Warren, 

Webster, 

Westboro', 

Worcester, 


for  support,  &c 

same,     . 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 


of  State  Paupers, 


.  $44 

48 

.  80 

99 

.  25 

55 

.   4  06 

.  61 

54 

.  65 

09 

.  76 

69 

.  68 

71 

.   7  59 

.  40 

15 

.  143 

00 

.  12 

64 

.  25 

55 

,  32 

35 

.  31 

51 

.  63 

98 

.  30 

14 

.  750 

31 

Whole  amount  for  Worcester, 


$2387  32 


COUNTY  OF  HAMPSHIRE. 


Amherst, 

Belchertown, 

Chesterfield, 

Cummington, 

Easthampton, 

Granby, 

Goshen, 

Northampton, 

Norwich, 

Prescott, 

Plainfield, 

South  Hadley, 

Southampton, 

Westhampton, 

Worthmgton, 


for  support,  &c. 

samiC, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 


of  State  Paupers, 


.  $88  21 

.  36 

75 

.  25 

55 

.  25 

55 

.  102  20 

.  82 

18 

.  15 

68 

.  384 

68 

.  20 

05 

.  13  26 

.  22 

14 

.  17 

79 

.  33 

84 

.  29 

30 

.  17 

94 

Whole  amount  for  Hampshire 


$915  12 


COUNTY  OF  HAMPDEN. 

Blandford,  for  support,  &c.  of  State  Paupers, 

Brimfield,  same,     .... 

Chester,  same,     .... 

Granville,  same,     .... 

Longmeadow,  same,     .... 


$103  11 
.  144  45 
.  162  16 

.  65  80 
.       2  03 


338 


PAUPER  ACCOUNTS. 


Ludlow, 

for  support,  &c 

Monson, 

same,     . 

Montgomery, 

same,     . 

Palmer, 

same,     . 

Russell, 

same,     . 

Southwick, 

same,     . 

Springfield, 

same,     . 

Tolland, 

same,     . 

Westfield, 

same,     . 

W.  Springfield, 

same,     . 

Wilbraham, 

same,     . 

of  State  Paupers, 


$144 

22 

.  142  48 

.     13  94 

.  182 

76 

.     55 

65 

.     10 

72 

.  481 

12 

.     23 

76 

.  315 

08 

.  113 

65 

.     13  97 

Whole  amount  for  Hampden, 


11974  90 


Conway, 

for  support,  &c 

Charlemont, 

same,     . 

Coleraine, 

same,     . 

Deerfield, 

same,     . 

Greenfield, 

same,     . 

Gill, 

same,     . 

liCyden, 

same,     . 

Rowe, 

same,     . 

Slielburne, 

same,     . 

Shiitesbiiry, 

same,     . 

Whately, 

same,     . 

COUNTY  OF  FRANKLIN. 


of  State  Paupers, 


.|36 

93 

.     43 

75 

.     51 

10 

.     25 

55 

.     59 

36 

.     39  51 

.     91 

25 

.       9 

17 

.     53  23 

.  105 

80 

.     25  55 

Whole  amount  for  Franklin, 


$541  20 


COUNTY  OF   BERKSHIRE. 


of  State  Paupers, 


Adams, 

for  support,  &c 

Becket, 

same,     . 

Cheshire, 

same,     . 

Dalton, 

same,     . 

Egremont, 

same,     . 

Gt.  Barrington, 

same,     . 

Hancock, 

same,     . 

Hinsdale, 

same,     . 

Lanesboro', 

same,     . 

Lenox, 

same,     . 

Lee, 

same,     . 

Mt.  Washington 

,  same.     . 

New  Marlboro' 

same,     . 

Otis, 

same,     . 

Pittsfield, 

same,     . 

Peru, 

same,     . 

$100 

53 

.  106 

40 

.     57 

40 

.  116 

80 

.  103 

65 

.     68 

90 

.     63 

77 

.  276 

03 

.     67  28 

.  252 

49 

.     41 

26 

.     92 

88 

.     45 

63 

.  451 

57 

72  50 


PAUPER  ACCOUNTS. 


339 


for  support,  &c.  of  State  Paupers, 
same,     . 


Richmond, 
Stockbridge, 

Sandisfield,  same, 

Sheffield,  same, 

Tyringham,  same, 
W.  Stockbridge,  same, 

WiUiamstown,  same, 

Washington,  same, 


Whole  amount  for  Berkshire, 


.|57 

75 

.  113  28 

.  141 

63 

.     97 

11 

.     88  97 

.     75 

33 

.  143 

36 

.  323 

66 

|2,958  18 


COUNTY  OF   NORFOLK. 


Brookline, 

for  support, 

&c.  of  State  Paupers, 

$25  55 

Bellingham, 

same,     . 

. 

6  12 

Brain  tree. 

same,     . 

77  73 

Canton, 

same,     . 

176  82 

Cohasset, 

same,     . 

20  23 

Dedham, 

same,     . 

16  06 

Dorchester, 

same,     . 

41  79 

Franklin, 

same,     . 

4  62 

Mcdfield, 

same,     . 

8  15 

Med  way. 

same,     . 

.      9  60 

Milton, 

same,     . 

117  10 

Need  ham. 

same,     . 

8  68 

Quincy, 

same,     . 

118  41 

Randolph, 

same,     . 

500  57 

Roxbury, 

same,     . 
small  pox, 

$919  77 
51  24 

971  01 
25  55 

Sharon, 

for  support, 

&c.  of  State  paupers. 

Stoughton, 

same,     . 

.             .             . 

87  08 

Walpole, 

same,     , 

.             • 

33  41 

Wrentham, 

same,     . 

, 

49  77 

Weymouth, 

same,     . 

• 

122  77 

Whole  amount  for  Norfolk, 


$2,421  02 


COUNTY  OF   BRISTOL. 

for  support,  &.c.  of  State  Paupers, 

same, 

same, 

same, 

same, 

same. 


Attleboro', 

Berkley, 

Dartmouth, 

Dighton, 

Easton, 

Fall  River, 

Fall  River  Indians,  to  Holder  Wadell,  guardian, 

Fairhaven,        for  support,  &c.  of  State  Paupers, 


$25  40 

51   10 

93  01 

14  60 

85  85 

1,312  30 

200  82 

321  56 


340 


PAUPER  ACCOUNTS. 


Freetown, 

for  support,  &c.  of  State  Paupers 

Norton, 

same,     .... 

New  Bedford, 

same,     .... 

Pawtucket, 

same,     . 

Rehoboth, 

same,     . 

Raynham, 

same,     . 

Seekonk, 

same,     .            .            . 

Somerset, 

same,     . 

Swansey, 

same,     . 

Taunton, 

same,     . 

Westport, 

same,     . 

Whole  amount  for  Bristol, 


.  $23  59 
.  U  00 
2,423  01 
.  28  21 
.  294  29 
.  5  52 
.  21  33 
.  25  55 
.  124  74 
.  556  88 
.     51  10 

$5,669  86 


COUNTY  OF  PLYMOUTH. 


Abington, 

Carver, 

Duxbury, 

E.  Bridgewater, 

Hanover, 

Hingham, 

Kingston, 

]\Iarshfield, 

Middleboro', 

N.  Bridgewater, 

Pembroke, 

Plymouth, 

Rochester, 

Scituate, 

W.  Bridgewater, 

Wareham, 


for  support,  &c 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same, 

same. 


of  State  Paupers, 


$28 

84 

.     25 

55 

.     26 

39 

.  116 

80 

.     56 

92 

.       5 

95 

.     25 

55 

.     38 

39 

.  199 

08 

.  172 

53 

.     43 

16 

.     14  68 

.     54  84 

.     62 

62 

.     43 

75 

.     62 

62 

Whole  amount  for  Plymouth, 


$977  67 


COUNTY  OF  BARNSTABLE. 


Barnstable,  for  support,  &c.  of  State  Paupers, 

Brewster,  same, 

Chatham,  same, 

Dennis,  same 

Marshpee,  same 

Orleans  same 

Sandwich,  same 

Truro,  same 

Yarmouth,  same 


$25 

55 

.     22 

96 

.     25 

55 

.       3 

15 

.  317 

34 

.     25 

55 

.     26  53 

.     21 

90 

.     27 

83 

Whole  amount  for  Barnstable, 


$496  36 


PAUPER  ACCOUNTS. 


SIX 


COUNTY  OF  DUKE'S  COUNTY. 

Gay  Head,  for  support  of  a  State  Pauper.  $25  55 

COUNTY  OF  NANTUCKET. 

Nantucket,         for  support,  &c.  of  State  Paupers,         $389  65 


COUNTY  OF  SUFFOLK. 

Boston,  for  support  of  State  Paupers  in  the 

several  wards,  .  $  6,402  06 

In  the  Houses  of  Indus- 
try and  Reformation, 
Smallpox  patients, 
Burial  of  State  paupers. 
Support  of  State  pau- 
pers in  the  Lunatic 
Hospital, 


Chelsea 


Whole  amount  for  Suffolk, 


11,132  85 

398  82 
580 

9,511 

42 

28,025  15 
26  08 

• 

1 

128,051 

23 

RECAPITULATION  BY  COUNTIES. 


Suffolk,  including  $9,511  42  for  support  of  lunatics, 

Essex, 

Middlesex, 

Worcester, 

Hampshire, 

Hampden, 

Franklin, 

Berkshire, 

Norfolk, 

Bristol, 

Plymouth, 

Barnstable, 

Duke's  County, 

Nantucket,     . 


$28,051 

23 

6,718  62 

10,608  64 

2,387  32 

915 

12 

1,974  90 

541 

20 

2,958 

13 

2,421 

02 

6,009  86 

977  67 

49A 

36 

25 

55 

389  65 

$63,135 

22 

44 


342 


NEWSPAPER  ACCOUNTS. 


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MISCELLANEOUS  ACCOUNTS,  &c. 


343 


MISCELLANEOUS  ACCOUNTS. 

John  Marsh,  stationery  from  March  22d  to  Dec.  30th, 

1843,  $199  38 

William  D.  Ticknor,  for  directories,  <fcc.  4  75 

Roberts  &  Thaxter,  for  binding  for  House  of  Repre- 
sentatives, 
W.  T.  Ilawes,  for  carriages  for  governor  and  staff, 
N.  H.  Streeter,  "  "         "  " 

William  Learnard,  for  Old  South  Church, 
I.  S.  Withington,  for  music  at  Old  South, 
Stephen  L.  White,  for  notifying  Gov.  Morton   of  his 
election, 


183 

50 

3 

00 

IG 

00 

20 

00 

20  00 

> 

2 

00 

448  63 


CORONERS'  ACCOUNTS. 

WilHam  Andrews,  to  Nov.  11th,  1843, 
Jabez  Pratt,  to  Feb.  15th,  1844, 
Mace  Smith,  to  Feb.  1st,      " 
Nath.  Watson,  to  Dec.  28th,  1843, 
Theodore  Andrews,  to  Dec.  20,  1843, 
John  B.  Kirkham,  to  April  21,       " 
Town  of  Palmer,  for  burying  a  stranger, 
Benajah  Mason,  Aug.  21,  1843, 
William  Hamilton, 
Elisha  M.  Hinkley,  to  Jan.  22,  1844, 


SHERIFFS'  ACCOUNTS. 


52 

56 

113 

96 

209 

50 

21 

20 

8 

00 

37  36 

14  35 

14  40 

9  25 

33 

00 

$513  58 


$24  00 


Ebenezer  Shute,  for  services  general  election, 
Samuel  Chandler,  for  returning  votes,  &c.,  to  April, 

1843,  35  56 

Uriah   Gardner,  for  serving  injunction   on   Citizen's 


Bank, 


4  30 


$63  86 


STATE  LUNATIC  PAUPERS. 


County  of  Essex,  for  support  of  27  State  paupers,       $2796  43 
"  Middlesex,     "         "   20     "  "  1905  00 

"         "  Essex,  for  support  of  paupers  in  House  of 
Correction,  32  34 

Overseers  of  town  of  Becket,  for  removing  State  pau- 
pers, 31  80 


$4765  57 


344  MISCELLANEOUS  ACCOUNTS,  &c. 


RECAPITULATION. 


Newspapers  and  publishers, 

Miscellaneous, 

Coroners, 

Sheriffs, 

State  Lunatic  Paupers, 


$521 

11 

448  63 

513 

58 

G3 

86 

4765 

57 

16312  75 


NEWSPAPERS,  &c. 


346 


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346  STATIONERY,  &c. 


MISCELLANIES. 


P.   L.   Cushman,  expenses  as  escort  of  the  body  of 

Hon.  William  Whitaker,  |ll  37 

Myron  Lawrence                       "                 "               _  10  20 

James  Loring,  for  18  copies  of  Massachusetts  Register,  15  75 

Charles  Stimpson,  stationery  for  Senate,  176  78 

Joseph  Tucker,  for  recording  rail-road  mortgages,  2  00 

Benjamin  Stevens,  paid  for         do.                 do.  4  00 

William  D.  Ticknor,  stationery  for  Secretary's  office,  16  32 

William  A.  Wells,  binding  for  the  library,                   '  270  51 

$506  93 


AGGREGATE. 

Newspapers,  &c., |287  47 

Sheriffs, 247  96 

Miscellanies,  ......  506  93 

$1042  36 


MISCELLANEOUS.  347 


MISCELLANEOUS  ACCOUNTS. 

[See  Chap.  52,  Page  308.] 
Audited  by  the  Committee  on  Accotwts,  March  1st,  1844. 

Town  of  Adams,  for  support  of  State  Paupers, 

Town  of  Holden,         "  " 

Town  of  Taunton,       "  " 

Town  of  Wilbraham,  "  " 

J.  D.  Cushing,  for  publishing  Laws,  &c.,  in  Berkshire 
Courier, 

S.  S.  Eastman,  for  publishing  Laws,  &c.,  in  Green- 
field Gazette, 

Wm.  Eddy,  for  advertising  in  New  Bedford  Bulletin, 

S.  B.  Phinney,  for  publishing  Laws,  &c.,  in  Barnsta- 
table  Patriot. 

G.  W.  Young,  for  publishing  Laws,  &c.,  in  Plymouth 
Rock, 

Nathan  Hayward,  sheriff  of  Plymouth  county, 

John  Nevers,  sheriff  of  Franklin  county, 

Thomas  Sumner,  coroner,  to  February  4th,  1844, 

James  B.  Crocker,  for  expenses  incurred  during  the 
sickness  of  Nehemiah  Baker,  and  the  removal  of 
his  remains, 

Jehiel  Abbott,  for  visiting  the  pub.  charit.  institutions, 

Luther  Metcalf,         "  "  " 

H.  A.  Delano,  "  "  " 

T.  J.  Gridley,  "  "  " 

Paul  Kittredge,  "  "  " 

James  Means,  "  "  " 

Hazewell  6c  Simonds,  for  publishing  Laws,  (fcc,   in 

Concord  Freeman,  20  66 

John  Morissey,  for  publishing  Laws,  &c.,  in  Nan- 
tucket Inquirer,  4.5  32 


$316  08 

2  50 

15  00 

17  00 

21  67 

26  84 

4  00 

22  41 

24  47 

34  50 

10  40 

6  00 

144  23 

5  00 

4  80 

13  75 

13  75 

3  25 

3  25 

|754  8S 


348  MILITARY  ACCOUNTS. 

ROLL  OF  MILITARY  ACCOUNTS,  1843. 

[See  Chap.  102,  Page  325.] 

DIVISION  INSPECTORS.     $25  per  annum. 

Ebenezer  W.  Stone,  1st  Div.  from  Jan.  1  to  Dec.  31, 

1843,  $25  00 

Thomas  J.  Adams,  2nd  Div.  from  Jan.  1  to  Dec.  31, 

1843,  25  00 

Wendell  T.  Davis,  3rd  Div.  from  Feb.  16  to  April  16, 

1843,  4  16 

Samuel  A.  Shackford,  3rd  Div.  from  April  28  to  Dec. 

31,  1843,  16  80 


$70  96 


BRIGADE  INSPECTORS.     $25  per  annum. 


John  C.  Park,  1st  Brig,  from  May  27  to  Dec.  31,  1843,  $14  85 
Vinson  Blanchard,  2d  Brig,  from  April  1,   1842,  to 

Dec.  31,  1843,  43  75 

Augustus   L.  Barrett,  3d  Brig,  from  Jan.  1  to  Dec  31, 

1843,  25  00 

Nathaniel  Conant,  4th  Brig,  from  Jan.  1  to  Dec.  31, 

1843,  25  00 

Perley  Gould,  5th  Brig,  from  Jan.  1  to  Dec.  31,  1843,  25  00 
Leonard  S.  Jones,  6th  Brig,  from  June  10  to  Dec.  31, 

1843,  13  90 


$147  50 
ADJUTANTS.     $25  per  annum. 

Joseph  W.  Magee,  1st  Batt.  Cav.  from  Jan.  1  to  Dec. 

31,  1843,  25  00 

Jeremiah  Russell,  1st  Reg.  Art.  from  Sept.  7,  1842,  to 

May  23,  1843,  17  71 

Charles  O.  Ward  well.  1st  Reg.  Art.  from  Sept.  20, 1843, 

to  Dec.  31,  1843,   '  6  95 

Gardner  A.  Burbank,  2d  Reg.  Art.  from  Jan.  1  to  Dec. 

31,  1843,  25  00 

William  F.  Arnold,  3d  Reg.  Art.  from  Jan.  1   to  July 

12,  1843,  13  32 

Francis  Allen,  1st  Batt.  Art.  from  Jan.  1.  to  Dec.  31, 

1843,  25  GO 


MILITARY  ACCOUNTS.  349 

Thomas  T.  Law,  2d  Batt.  Art.   from  Jan.   1  to  Dec. 

31,  1843, 
Jeremiah  Farris,  3d  Batt.  Art.  from  Jan.  1  to  Aug.  29, 

1842, 
Francis  J.  Noyes,  3d  Batt.  Art.  from  Jan.  1  to  Dec. 

31,  1843, 
Hiram  Scripture,  4th  Batt.  Art.  from  Jan.  1   to  Dec. 

31,  1843, 
B.  Franklin  Edmands,  1st  Reg.  L.  I.   from  Jan.  1  to 

Dec.  31,  1843, 
Joseph  Sprague,  2d  Reg.  L.  I.  from  Jan.  1  to  March 

3L  1843, 
Woodbridge  Brown.  3d  Reg.  L.  I.  from  Jan.  1  to  Dec. 

31,  1843, 
Moses  F.  Winn,  4th  Reg.  L.  I.  from  April  15,  1842,  to 

Dec.  31,  1843, 
Jonathan  L.  Kimball,  6th  Reg.  L.  I.  from  Jan.  1   to 

Dec.  31,  1843, 
George  H.  Kitteridge,  pi'o  tem.^  7th  Reg.   L.   I.  from 

Jan.  1  to  Dec.  31,  1843, 
John  M.  Goodhue,  8tli  Reg.  L.  I.   from  March  10  to 

Dec.  31,  1643, 
Francis  J.  Barrett,  9th  Reg.  L.  I.  from  Jan.  1  to  Oct. 

15,  1842, 
Antipas  Maynard.  9th  Reg.  L.  I.  from  Oct.  17,  1842, 

to  Sept.  11,  1843, 
Charles  A.  Mann,  10th  Reg.  L.  I.  from  Jan.  1  to  Aug. 

1,  1843,  (pro  tem..^ 
Samuel  P.  Smith,  1st  Batt.  L.  I.  from  Jan.  1  to  Sept. 

1,  IS 43,  {pro  tetJi.^) 
Isaac  VV.  Vincent,  2d  Batt.  L.  I.  from  May  2,  1842,  to 

Dec.  31,  1843, 
John  P.  Hubbard,  4th  Batt.  L.  I.  from  Sept.  1  to  Dec. 

31,  1843,  {pro  iem.,) 

$4.95  51 
HAULING  ARTILLERY. 

Enos  Turner,  Boston  South  Artillery,  1843,  inspection 
and  review,  $12.     Exper.  gunnery,  flO, 

Thomas  W.  Brown,  Boston  Columbian  Artillery,  1843, 
inspection  and  review,  $1'3  50, 

Ephraim  B.  Richards,  Boston  Washington  Artillery, 
1843,  inspection  and  review,  $15,  Exper.  gun- 
nery, $15, 

Benjamin  H.  Burrill,  Roxbury  Artillery,  1843,  inspec- 
tion and  review,  $18, 

Benjamin  Stone,  Jr.,  Dorchester  Artillery,  1843,  inspec- 
tion and  review,  $10  75, 

45 


25 

00 

16 

60 

25 

00 

25 

00 

25 

00 

6 

25 

25 

00 

42 

75 

25 

00 

25 

00 

20 

14 

19 

79 

22 

49 

14  58 

16 

67 

'39 

93 

8 

33 

22 

00 

13 

50 

30 

00 

18 

00 

10  75 

350  MILITARY  ACCOUNTS. 

Henry  A.  Torrey,  Weymouth  Artillery,  1843,  inspec- 
tion and  review,  f  13  75,  13  75 

Wendell  Hall,   Plymouth  Artillery,   1843,  inspection 

and  review,  |3U,  30  00 

Benjamin  N.  Curtis,  Hanover  Artillery,  1843,  inspec- 
tion and  review,  $27,  27  00 

Holland  W.  Noyes,  Abington  Artillery,  1842,  inspec- 
tion and  review,  $20,  $20  00 

Holland  W.  Noyes,  Abington  Artillery,  1843, 
inspection  and  review,  25  00 

45  00 

Luen  C.  Leonard,   Norton  Artillery,  1843,  inspection 

and  review,  $30,  30  00 

Richard   Barrett,   Concord  Artillery,  1843,  inspection 
and  review,  $35.     Exper.  gunnery,  .$15,  50  00 

Jonathan  S.  Parker,   Lexington  Artillery,  1843,   in- 
spection and  review,  $30,  30  00 

Horace  Hammond,  Waltham  Artillery,  1843,  inspec- 
tion and  review,  $25.     Exper.  gunnery,  $15,  40  00 

Thomas  Critchett,  Charlestown  Artillery,  1843,  in- 
spection and  review,  $18,     Exper.  gunnery,  $18,  36  00 

Josiah  K.  Bennett,  Groton  Artillery,  1842,  inspection 
and  review,  $15,  $15  00 

Josiah  K.  Bennett,  Groton  Artillery,  1843,  in- 
spection and  review,  30  00 

45  00 

Stephen  Ilsley,  Newburyport  Artillery,  1843,  inspec- 
tion and  review,  $35.     Exper.  gunnery,  $15,  50  00 

Thomas  Baker,  Gloucester  Artillery,  1843,  inspection 

and  review,  $15,     Exper.  gunnery,  $15,  30  00 

William  T.  Gale,   Lynn  Artillery,    1843,   inspection 

and  review,  ,$20,     Exper,  gunnery,  $15,  35  00 

John  W,  Rhoades,  Salem  Artillery,  1843,  inspection 

and  review,  $15.     Exper.  gunnery,  $15,  30  00 

John  Amsden,    Buckland  Artillery,  1843,   inspection 

and  review,  $24,  24  00 

Daniel  Crosby,  Greenfield  Artillery,  1843,   inspection 

and  review,  $7,     Exper,  gunnery,  $11,  18.  00 

Franklin  K,  Hitchcock,  Northampton  Artillery,  1843, 

inspection  and  review,  $28,  28  00 

L.  V,  Campbell,  Plainfield  Artillery,  1843,  inspection 

and  review,  ,$29,  29  00 

Theodore  Bridgman,  Belchertown  Artillery,  1843,  in- 
spection and  review,  $21  50,  21  50 

Albert  Firman,  Monson  Artillery,  1843,  inspection  and 

review,  $29,  29  00 

$735  50 


MILITARY  ACCOUNTS.  351 


RECAPITULATION. 


Division  Inspectors, ^70  96 

Brigade  Inspectors, 147  50 

Adjutants, 495  51 

Hauling  Artillery, 735  50 


$1449  47 


Adjutant  General's  Office, 
Boston,  Feb.  23,  1844. 

I  hereby  certify  that  I  have  examined  the  accounts  contained 
in  the  foregoing  roll,  and  that  they  are  correctly  vouched  and 

poof 

JOSEPH  F.  BOYD, 
Adjutant  and  Acting  Quarter  Master  General. 


362  MILITARY  ACCOUNTS. 


SECOND   ROLL   OF   MILITARY   ACCOUNTS. 

[See  Chap.  102,  Page  225.] 

Samuel  L.  Bardwell,  Adjutant,  3  Reg.  Art.  from  July 
23  to  Dec.  31,  1843, 

Gilbert  Ferrin,  Adjutant,  5th  Reg.  L.  Inf.  from  Jan.  1 
to  Dec.  31,  1843, 

Edward  C.  Craig,  Adjutant,  pro  tern.  1st  Batt.  L.  Inf 
from  Sept.  15  to  Dec.  31,  1843, 

Darwin  E.  Stewart,  of  Leominster  Artillery,  1842, 
inspection  and  review, 

Joseph  S.  Darling,  of  Leominster  Artillery,  1843,  in- 
spection and  review, 

$83  78 


$11 

00 

25 

00 

7  28 

20  00 

20 

50 

Adjutant  General's  Office.  ) 
Boston,  March  7,  1844.    '  ) 

I  hereby  certify  that  I  have  examined  (he  foregoing  accounts, 
and  that  they  are  correctly  vouched  and  cast. 

JOSEPH   F.  BOYD,  Adjt.  Gen. 


NEWSPAPERS. 


353 


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Emancipator,  . 
Bristol  County  Democrat, 
Independent  Democrat, 
Daily  Advertiser, 
Boston  Courier, 
Bay  State  Democrat,    . 
Mail  and  Yankee  Nation, 
Salem  Gazette, 
Springfield  Republican, 
Boston  J'ost,    . 
N.  E.  Farmer, 
Boston  Trumpet, 

Christian  World, 

Salem  Register, 

Medical  and  Surgical  Journal, 

Evening  Gazette, 

Puritan, 

Christian  Freeman, 

Christian  Reflector, 

Witness  and  Advocate, 

Evening  Transcript,     . 

Yarmouth  Register, 

N.  E.  Democrat, 

Z ion's  Herald, 

o 
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John  W.  Alden, 
Edmund  Anthony, 
Elijah  Ashley, 
Proprietors  of    . 
Proprietors  of   . 
Proprietors  of   . 
John  N.  Bradley  &  Co. 
William  Brown, 
Samuel  Bowles, 
Beals  &-  Greene, 
Joseph  Breck  &  Co. 
G.  W.  Bazin,    . 
G.  G.  Channing, 
Chajmian  &  Palfrey,     . 
David  Clapp,  Jun. 
W.  W.  Clapp  &  Son,    . 
Clark  (fe  Woodbridge,   . 
S.  Cobb, 

Wm.  S.  Darnrell, 
J.  B.  Dow, 

Dutton  &-  Wentworth,  . 
W.  S.  P^isher,  . 
Proprietors  of   . 
Proprietors  of   . 

364 


NEWSPAPERS. 


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MISCELLANEOUS  ACCOUNTS. 


MISCELLANEOUS  ACCOUNTS. 


Audited  March  lAtL  1844. 


Eayrs&  Fairbanks,  stationery  for  Secreta- 
ry's Office,  .... 

Eayrs  «fc  Fairbanks,  stationery  for  Secreta- 
ry's Office,  .... 

Eayrs  &  Fairbanks,  stationery  for  Treas- 
urer's Office,        .... 

Eayrs  &  Fairbanks,  stationery  for  Adju- 
tant General's  Office, 

Eayrs  &  Fairbanks,  stationery  for  Senate 
and  House  of  Representatives,  . 

Eayrs  &  Fairbanks,  stationery  for  Senate, 


John   Marsh,   stationery  for    Senate    and 

House  of  Representatives, 
John    Marsh,    stationery    for   Secretary's 

Office,       .  .  .  .  . 

John  Marsh,  stationery. 


$193  50 

218  02 

50  34 

62  47 

743  22 
46  52 

43  00 

1  25 
3  69 


$1314  07 


Charles  Stimpson,  stationery  for  House  of 

Representatives,  .... 
G.  B.  Wheeler,  repairs  on  State  House, 
Town  of  Springfield,  smallpox, 
Benjamin  Stevens,  balance  due  him, 
Lewis  Josselyn,  services  after  adjournment, 
W.  P.  Gregg,  services  after  adjournment, 
George  Bemis,  services  rendered  commissioners  for 

codifying  criminal  law,   . 
W.  B.  Hows,  services   rendered  commissioners  for 

codifying  criminal  law,   . 
A.  F.  Dalton,  services  rendered  as  assistant  mes 

senger  to  governor  and  council.  . 
Joseph  E.  Sprague,  sheriff  of  Essex  County, 
Isaiah  Stoddard,  for  services  at  State  House, 
Charles  Mendell,  for  services  at  State  House, 
Joseph  Stark,  for  services  at  State  House, 
Nathaniel  Greene,  postage  to  March  15th, 
Robert  Covvden,  lumber, 
Aaron  Guild,  bill  of  lumber,  (two  bills,)    . 
Joshua  Owen,  labor, 
James  Smith,  laborer, 
C.  W.  Haven,  painting, 
Kittredge  &  Blake,  upholsterers,    . 


47  94 

9  15 
630  34 

325  02 

437  61 

164  00 

92  00 

500  00 

45  00 

28  00 

31  40 

4  50 

1  50 

1  50 

38  40 

61  14 

38  29 
24  00 

39  01 
148  40 
111   95 


MISCELLANEOUS  ACCOUNTS. 


357'* 


Hannah  N,  Baxter,  repairing  carpets, 

Daniel  SafFord  &  Co.,  blacksmiths 

Asa  Swallow,  masonry, 

R.  Herring,  repairing  roofs,   . 

Charles  Brooks  &  Co.,  hardware, 

W.  H.  Henderson,  sundries, 

Bryent  &  Herman,  stove  for  Green  Room, 

William  Rotch,  stoves,  grates,  &c. 

James  llendley,  sundries,     . 

Kendall  P.  Saunders,  baskets,  pails,  &c. 

S.  Williard,  Jr.,  repairing  clocks, 

J.  P.  Bradlee  &  Sons,  oil, 

Zelotes  Hosmer,  lamps, 

J.  CoUamore,  lamp  glasses,   . 

O.  \V.  Allen,  twine, 

Charles  Parker,  carriages  for  governor  and  council, 

Town  of  Rehoboth,  error  in  pauper  account, 


31 

96 

72 

02 

25 

08 

10 

05 

40 

39 

33  51 

34  63 

29 

00 

40 

94 

10 

83 

4  50 

119  25 

15 

52 

1 

50 

2  28 

62  00 

1 

00 

$4628  68 


AGGREGATE. 


Printers, 
Miscellaneous, 


$3405  38 

4628  68 

$8034  06 


46 


INAUGURAL    ADDRESS 


HIS  EXCELLENCY  GEORGE  N.  BRIGGS. 


Representatives'  Chamber,  Jan.  10,  1844. 

At  a  quarter  past  twelve  o'clock,  His  Excellency  the  Governor, 
accompanied  by  the  Lieutenant  Governor,  the  members  of  the 
Conncil,  and  the  Secretary,  and  attended  by  a  joint  Committee 
of  the  two  Houses,  and  the  Sheriff  of  Suffolk,  met  the  Senate 
and  House  of  Representatives  ifi  convention,  and  delivered  the 
following 

ADDRESS: 

Felloio  Citizejis  of  the  SeJiate 

and  House  of  Representatives, — 

Selected  accordiDg  to  the  forms  of  the  constitution,  we  have 
assembled  to  take  counsel  for  the  good  of  the  Commonwealth. 

The  right  of  choosing  their  own  rulers,  the  most  important 
right  that  belongs  to  men  as  members  of  a  political  community, 
is  more  perfectly  enjoyed  by  the  people  of  these  United  States, 
than  by  any  other  portion  of  the  human  race. 

Men  have  been  struggling  for  it  from  the  earliest  ages. 
Though  at  some  periods,  and  in  some  countries,  it  has  been 
partially  gained,  by  portions  of  the  people,  it  was  never  fully 
recognized,  and  freely  enjoyed,  until  consummated  by  the 
American  revolution. 

The  constitution,  which  is  to  guide  and  control  our  action, 
was  formed  during  that  revolution.  The  men  who  made  it 
were  among  the  actors  in  the  great  scenes  of  independence. 
Before  the  noise  of  battle  had  ceased,  or  its  smoke  had  passed 
away,  they  did  this  work  of  peace.  How  well  they  did  it, 
time  has  shown. 

That  instrument  proclaims  the  same  great  political  truth,  in 
regard  to  the  rights  of  man  that  is  written  in  the  declaration  of 
independence; — that  "  all  men  are  born  free  and  equal."     And 


GOVERNOR'S  ADDRESS.  359 

that  truth,  from  the  time  of  the  adoption  of  our  constitution, 
has  been  in  practical  operation  in  this  Commonwealth.  Since 
then,  no  human  being  has  been  held  to  involuntary  servitude 
within  her  borders. 

Soon  after  its  adoption,  the  highest  judicial  tribunal  in  the 
State  decided  that  slavery  did  not,  and  could  not  exist  in  Mas- 
sachusetts. Indeed,  there  is  reason  to  believe,  that  before  the 
existence  of  our  Constitution,  our  highest  court  held  the  opin- 
ion, that  the  declaration  of  independence  put  an  end  to  slavery 
in  this  State. 

With  this  fact  in  relation  to  slaves  and  slavery,  in  her  own 
history,  can  it  be  a  matter  of  surprise  to  any  one,  that  her  peo- 
ple at  home,  and  their  representatives  in  the  Federal  Govern- 
ment, should  feel  bound,  by  every  consideration  of  justice  and 
humanity,  to  oppose  the  least  extension  of  an  institution  which 
they  believe  to  be  morally  and  politically  wrong,  and  to  exert 
every  power,  consistent  with  their  constitutional  obligations  to 
the  Union,  to  hasten  the  time  when  every  human  being  in  this 
Republic  shall  enjoy  "  the  inalienable  right  of  life,  liberty,  and 
the  pursuit  of  happiness." 

The  political  and  civil  equality  of  our  citizens  has  always 
been  an  admitted  and  cherished  sentiment  of  the  people  of  this 
ancient  Commonwealth.  Though,  at  first,  a  pecuniary  quali- 
fication for  public  officers  and  for  voters  was  required,  subse- 
quent amendments  have  abolished  all  such  qualifications  in  the 
officers  with  two  exceptions,  and  the  possession  of  no  amount 
of  property  is  now  required  to  make  a  voter.  One  year's  resi- 
dence within  the  State  and  six  months  in  the  town,  and  the 
payment  by  the  citizen  of  the  smallest  state  or  county  tax  that 
may  have  been  assessed  upon  him,  gives  him  the  right  of  suf- 
frage. The  Constitution  and  the  laws  know  no  distinction  of 
persons.  They  throw  their  protecting  shield  over  the  poorest 
and  humblest,  and  restrain  the  arm  of  the  proudest  and 
strongest  citizen. 

This  House  of  Representatives  exhibits  the  amplest  devel- 
opment of  the  democratic  principle  of  any  legislative  assembly 
upon  the  face  of  the  earth.  It  admirably  combines  the  princi- 
ple of  town  and  popular  representation.  Every  incorporated 
town  in  the  State,  with  certain  limitations — unfortunately,  as 
it  seems  to  me,  imposed  bj^  a  recent  amendment  to  the  Consti- 
tution— has  a  right  to  a  representative  in  this  General  Court. 
After  that,  the  additional  number  is  regulated  by  the  number 
of  its  inhabitants. 

Most  of  the  practical  business  of  the  people  of  the  State,  re- 
lating to  public  affairs,  is  transacted  by  themselves  in  their 
town  meetings.  Por  all  such  purposes,  every  town  is  a  pure, 
simple  democracy.  These  democracies  are  represented  by  men 
of  their  own  choice  in  the  legislature  of  the  State.  Thib  nu- 
merous representation  in  the  popular  branch,  brings  the  repre- 
sentative into  immediate  contact  with  his  constiiuents.  keeps 


360  GOVERNOR'S  ADDRESS. 

him  under  the  check  of  a  direct  responsibility,  and,  through 
him,  carries  among  the  mass  of  the  people  a  familiar  acquaint- 
ance with  the  affairs  and  the  working  of  their  government,  un- 
known to  other  systems.  A  distinguished  statesman  in  another 
part  of  the  Union,  pronounced  this  system  the  most  perfect  in 
the  world,  and  expressed  his  regret  that  it  could  not  be  adopted 
in  his  own  state.  Here,  it  has  justified  the  hopes  of  its  patri- 
otic founders,  and  all  arc  cheered  with  the  belief  that  their 
enlightened  and  liberty-loving  descendants  will  make  it  per- 
petual. 

If  the  progress  of  a  people  in  the  various  branches  of  indus- 
try, and  their  success  in  the  numerous  enterprizes  calculated 
to  improve  their  condition;  if  a  laudable  attention  to  intellec- 
tual and  moral  culture,  and  the  advancement  in  literature,  and 
in  the  arts  and  sciences;  if  the  promotion  of  general  education 
among  all  classes  of  people,  at  the  j)ublic  expense,  and  the 
unrestrained  liberty  of  conscience  and  the  free  enjoyment  of 
the  christian  religion,  professed  indeed  in  many  different  forms, 
but  all  inculcating  piety  towards  God  and  honesty  and  good 
will  among  men,  are  evidences  of  a  happy  form  of  government, 
and  of  judicious  legislation,  the  people  of  Massachusetts  may 
point  to  their  past  and  present  condition  in  support  of  their  in- 
stitutions. 

She  has  by  no  means  kept  pace  in  the  rapid  increase  in  pop- 
ulation with  her  younger  sister  states.  But  notwithstanding 
there  has  been  a  constant  flow  of  her  people  to  the  other  states, 
and  her  artists,  her  mechanics,  her  farmers  and  her  professional 
men,  may  be  found  in  every  })art  of  the  republic,  her  numbers 
have  been  steadily  increasing  ever  since  she  became  an  inde- 
pendent state.  With  about  one  third  as  many  inliabitants  as 
all  the  rest  of  New  England,  the  increase  of  her  population 
from  1830  to  1840  was  within  a  small  fraction  equal  to  the 
whole  of  theirs.  She  has,  at  this  time,  more  people  to  the 
square  mile  of  her  territory  than  any  state  in  the  union,  or 
upon  this  continent.  Her  territory  occupies  but  a  small  space 
on  the  map  of  that  country  which  now  embraces  twenty-six 
free  states,  with  nearly  twenty  millions  of  inhabitants ;  but 
that  territory,  small  as  it  is,  furnished  sixty-nine  thousand  of 
the  two  hundred  and  twenty  thousand  soldiers  who  won  the 
*  victories  of  the  revolution. 

Massachusetts  has  at  this  time  a  capital  invested  in  manu- 
factures, of  $42,000,000.  The  annual  value  of  her  maiuifac- 
tures  is  more  than  $80,000,000.  With  a  hard  and  unyielding 
soil,  which  gives  to  the  husbandman  nothing,  but  in  return  for 
the  m.ost  severe  labor,  her  agricultural  productions  amount  to 
$1-5,000,000.  As  a  commercial  state,  she  is  second  in  the 
Union  only  to  her  neighbor  New  York,  with  her  three  millions 
of  people.  The  entire  tonnage  of  the  United  States  in  1841, 
was  2,230,744.  Of  this  Massachusetts  had  545,901.  Her  citi- 
zens have  nearly  $12,000,000  invested  in  the  fisheries,  which  is 


GOVERNOR'S   ADDRESS.  361 

more  than  twice  as  much  as  all  the  rest  of  the  Union.  Sixteen 
thousand  of  her  robust  and  manly  sons  are  engaged  in  that 
hazardous  business,  encountering  the  perils  and  hardships  of 
the  ocean,  bringing  up  treasures  from  its  deep  to  adorn  and 
enrich  the  land.  The  United  States  had  in  the  j'^ear  before 
mentioned  10,0(38  enrolled  and  registered  seamen,  4,031  of  this 
number  were  our  people. 

With  her  737,000  population,  she  receives  annually,  from  the 
other  states  of  the  confederacy,  their  products  to  the  amount 
of  $40,000,000.  Laying  out  of  the  estimate  the  value  of  do- 
mestic manufactures  which  are  exported,  and  this  sum  equals 
one  half  of  the  products  of  this  country,  sold  to  all  the  rest  of 
the  world.  This  single  fact  weighs  down  a  volume  of  specu- 
lations and  theories,  against  the  practical  wisdom  of  that  truly 
American  system,  recommended  by  Washington  and  sanc- 
tioned by  nearly  all  his  successors  in  office,  which  encourages 
and  protects  the  labor  of  our  own  people,  promotes  a  free 
interchange  of  commodities  between  the  diflerent  states,  and 
creates  a  market  for  their  productions,  which  could  not  be  found 
in  any  other  country. 

It  appears  by  the  statistical  tables  of  the  United  States,  that 
she  had  4  colleges,  with  709  students;  251  academies  and 
grammar  schools,  with  16,746  scholars,  and  3,362  common 
and  primary  schools,  with  160,258  scholars — 158,351  of  whom 
are  educated  at  the  public  expense.  We  pay  yearly,  nearly 
one  million  of  dollars  for  purposes  of  education.  With  all 
these  facilities  for  education,  too  many  children  are  growing 
up  among  us  withont  receiving  its  blessings. 

In  a  state  where  the  right  of  suffrage  is  so  nearly  universal; 
as  it  is  here,  and  where  every  man  is  a  man,  no  youth  should 
be  permitted  to  grow  up  in  ignorance.  It  is  much  cheaper 
and  a  thousand  times  more  delightful,  to  cultivate  and  en- 
lighten the  child,  than  to  support  and  punish  matured  poverty 
and  vice. 

In  their  pursuits  of  gain,  our  citizens  have  not  overlooked  or 
neglected  the  claims  of  humanity.  The  provisions  made  from 
year  to  year  for  the  deaf  and  dumb,  evince  the  benevolence  of 
the  Legislature  towards  that  class  of  unfortimate  ones.  The 
Eye  and  Ear  Infirraary  of  this  city.  The  Institution  for  the 
Blind,  and  the  flourishing  and  well  conducted  Asylums  for  the 
Insane,  are  the  brightest  jewels  of  the  Commonwealth.  The 
erection  of  houses  of  correction,  where  juvenile  offenders  can 
be  restrained  and  reformed  by  kindness,  instead  of  being  lost 
in  the  infan)y  of  the  penitentiary,  is  alike  the  dictate  of  wis- 
dom and  humanity. 

In  common  with  the  rest  of  the  civilized  world,  we  have 
shared  largely  in  the  fruits  of  the  i^reat  moral  temperance 
reformation  which  has  distinguished  the  nineteenth  century. 

The  numerous  rail-roads  leading  from  this  metropolis  to  dif- 
ferent parts  of  the  state,  which   have  been  constructed  within 


362  GOVERNOR'S   ADDRESS. 

the  last  few  years,  by  incorporated  companies,  aided  by  the 
credit  of  the  state,  will,  it  is  believed,  be  great  public  benefits. 
Compared  with  the  monuments  of  folly  and  vanity  of  other 
times  and  other  countries,  which  have  exhausted  the  treasures, 
without  improving  the  condition  of  their  down-trodden  mil- 
lions, these  will  remain  lasting  memorials  of  the  enterprise  of 
our  citizens  and  of  the  remarkable  age  in  which  we  live.  The 
city  of  Albany,  the  capital  of  the  state  of  New  York,  at  the 
distance  of  two  hundred  miles  from  this  city,  across  the  Green 
Mountains,  is  brought  within  eleven  hours  travel  of  it. 

Cars  richly  laden  with  the  varied  productions  of  the  distant 
West,  are  hourly  rolling  tlirough  the  mountains  and  over  the 
vallies  of  our  Conmion wealth,  and  pouring  those  productions 
into  the  heart  of  this  growing  city.  What  we  witness  here  in 
this  respect,  is  going  on  in  most  of  the  other  states  of  this 
Union.  Stimulated  by  the  spirit  of  the  times,  most  ofthe 
states  have  embarked  largely,  some  of  them  quite  too  largely 
in  works  of  improvement.  To  accomplish  their  object,  im- 
mense public  debts  have  been  incurred.  Those  revulsions 
which  have  shaken  the  whole  business  world,  have  arrested 
the  progress  of  many  of  those  works  after  great  amounts  had 
been  expended  upon  them,  and  lessened  the  income  from  others 
which  were  completed.  These,  with  other  causes,  have  em- 
barrassed several  of  the  deeply  indebted  states,  and  rendered 
them  unable,  for  the  time  being,  to  meet  their  engagements. 

Most  of  the  state  stocks  being  held  by  subjects  and  capital- 
ists of  foreign  countries,  the  inability  to  meet  their  payments 
promptly  has  unfortunately  affected  injuriously  the  credit  of 
our  whole  country  abroad.  Not  understanding  clearly  the  dis- 
tinct and  independent  character  of  our  state  governments,  so 
far  as  such  things  are  concerned,  strangers  impute  the  fault  of 
the  delinquent  states  to  the  whole  country. 

But  the  countenance  which  the  doctrine  of  repudiation  has 
received  in  some  of  the  states,  has  done  more  to  excite  alarm 
in  the  minds  of  those  who  hold  our  stocks,  and  inflicted  a 
severer  wound  upon  the  honor  and  credit  of  the  country  than 
every  thing  else.  It  is  not  strange  that  it  should  be  so.  If 
individuals  refuse  to  pay  their  debts,  the  tribunals  of  all  civi- 
lized coimtries  afford  the  means  of  redress  against  the  wrong 
doer.  But  when  states  refuse  to  fulfil  their  promises,  the  moral 
sense  of  mankind  is  shocked  at  the  enormity  of  the  act,  and 
there  is  no  remedy  but  an  appeal  to  the  sword.  It  is  hardly 
possible  to  believe  that  any  state  of  this  confederacy  will  per- 
severe in  the  purpose  of  getting  rid  of  her  debt  at  so  dear  a 
rate  as  the  loss  of  her  character. 

Massachusetts  by  a  direct  interest  in  the  works  of  improve- 
ment within  her  limits,  and  by  lending  her  credit  to  others  to 
complete  those  works,  has  incurred  a  debt  a  fraction  over  six 
millions  of  dollars. 

She  owns  one  million  of  stock,  and   for  the  balance  is  liable 


GOVERNOR/S  ADDRESS.  363 

for  the  several  corporations  which  own  the  Avorks,  and  for  se- 
curity for  that  habihty  she  holds  the  pledge  of  the  works  them-  \ 
selves.  As  between  her  and  the  holders  of  her  scrip,  the  debt 
is  her  own.  She  will  treat  it  as  her  own,  and  pay  it  as  her 
own.  Under  no  possible  circumstances  will  she  attempt  to 
evade  or  put  it  off.  For  the  payment  of  every  dollar,  principal 
and  interest,  her  word  of  honor  is  pledged.  I'hat  word  of  hon- 
or will  be  kept.  The  holders  of  her  promises  to  pay,  whoever 
they  may  be,  and  wherever  they  may  be,  may  count  upon  those 
promises  as  so  much  gold  and  silver. 

1  am  sure  that  I  am  authorized  by  every  member  of  this 
Legislature,  and  by  every  citizen  whom  he  represents,  from 
this  high  place,  to  make  this  declaration:  Of  her  abiHty  to  pay 
there  is  no  more  doubt  than  of  her  will  to  do  so. 

That  tireless  enterprise  and  sleepless  industry  which  produce 
one  hundred  millions  of  value  annually,  without  the  natural 
resources  of  many  of  our  sister  states,  will  never  leave  her  un- 
able to  pay  her  debts.  If  a  requisition  upon  her  people,  in  the 
form  of  a  just  and  equal  tax  upon  their  property  should  be  ren- 
dered neccssarj'-  to  fulfil  her  engagements,  or  defray  the  expense 
of  any  beneficial,  or  authorized  public  object,  it  would  be  cheer- 
fully and  promptly  met. 

The  records  of  her  past  history  must  be  blotted  out,  the  mon- 
miients  of  her  former  deeds  must  fall  down  and  decay,  before 
any  of  her  authorities,  or  any  of  her  citizens,  shall  refuse, 
promptly  and  honestly,  to  pay  the  last  dollar  that  she  owes. 

The  propriety  of  laws  enforcing  a  strict  accountability  in  all 
the  officers  of  the  government,  and  the  duty  of  a  strict  encono- 
my  in  every  branch  of  the  public  service,  is  too,  universally 
known  and  admitted,  to  require  a  repetition.  Economy  in  pub- 
lic affairs  is  by  no  means  limited  in  its  application  to  the  mere 
amount  of  money  expended  in  carrying  on  the  government. 
It  is  of  the  first  imjjortance  to  inquire  for  what  purposes  the 
money  of  the  people  is  expended,  and  the  manner  that  those 
who  receive  it  perform  their  duty. 

The  rules  and  principles  which  govern  a  prudent  and  saga- 
cious man  in  conducting  his  own  matters,  are  properly  applica- 
ble to  public  matters.  Such  a  man  will  employ  no  more  per- 
sons than  are  necessary  to  carry  on  his  business  with  success. 
When  he  fixes  upon  the  number  oi  persons,  he  then  looks  out 
for  the  proj)er  persons  to  do  his  business.  He  will  then  give 
them  such  a  compensation  as  will  be  a  just  reward  for  their 
labor,  and  will  be  likely  to  secure  such  services  as  long  as  he 
may  need  them.  Public  offices  are  public  trusts,  created  for  the 
benefit  of  the  whole  people,  and  not  for  the  benefit  of  those 
who  may  fill  them. 

There  should  be  no  more  offices  in  the  state  than  the  public 
good  demands.  Suitable  and  proper  persons  should  be  appoint- 
ed to  fill  them,  and  their  duties  ought  to  be  clearly  defined  by 
law.     The  pay  attached  to  all  offices  should  be  such  as  to  secure 


364  GOVERNOR'S  ADDRESS. 

competent  men  to  fill  them  with  ability  and  honor.  He  who, 
at  their  request,  serves  the  public  faithfully,  has  a  right  to  a 
just  compensation  for  his  services.  Wlien  appointed  to  the  post, 
the  officer  should  be  held  to  a  personal  discharge  of  his  trust. 
If  the  pay  is  too  large,  selfishness,  stimulated  by  the  lust  of 
gain,  will  adroitly  seize  upon  the  place,  to  the  exclusion  of 
honesty,  ability  and  fidelity.  If  it  is  too  small,  meritorious  in- 
digence will  be  shut  out  of  public  employment,  and  the  wealthy 
only  will  fill  the  places  of  trust ;  or  the  reckless  and  unprinci- 
pled will  gain  them,  with  the  hope  of  making  up  the  deficiency 
of  pay,  by  plundering  the  public. 

The  principle  laid  down  by  Mr.  Jefferson,  and  repeated  by 
many  who  have  succeeded  him,  but  generally  neglected  in 
practice,  that  public  officers  should  be  fully  protected  in  the  en- 
joyment of  their  opinions,  and  in  the  exercise  of  the  elective 
franchise,  but  restrained  from  partisan  interference  in  politics, 
experience  has  shown  to  be  a  sound  one.  If  fairly  carried  out, 
it  would  not  only  be  beneficial  to  the  officer,  but  it  would  have 
a  tendency  to  secure  a  right  discharge  of  his  official  duties.  As 
a  matter  of  policy,  a  public  servant  could  in  no  way  reflect  so 
much  honor  upon  those  who  appointed  him,  or  do  so  much 
credit  to  his  party,  as  by  honestly  fulfilling  the  appropriate  du- 
ties of  his  office. 

With  our  numerous  representation,  perhaps  there  is  no  one 
mode  by  which  so  much  economy  in  the  public  expenses  could 
be  attained,  as  by  shortening  the  sessions  of  the  Legislature. 

This  is  a  matter  entirely  within  your  control,  and  with  great 
respect  I  make  the  suggestion.  I  would  by  no  means  have  you 
neglect  or  pass  with  improper  haste  any  of  the  appropriate  bu- 
siness of  legislation. 

It  seems  to  me  that  a  careful  observer  of  the  course  of  things 
in  this  country,  will  be  impressed  with  the  idea,  that  too  much 
legislation,  both  in  the  states  and  in  congress,  is  one  of  the 
prominent  evils  of  the  times.  Simplicity,  certainty,  and  stabil- 
ity in  the  laws  which  give  title  to  the  property,  and  regulate 
the  business  intercourse  of  the  citizens  of  a  state,  are  of  very 
great  importance.  Frequent  changes  in  existing  laws,  are 
constantly  defeating  these  objects,  and  rendering  the  business 
transactions  of  men,  and  the  tenure  of  their  property,  uncertain. 
Every  new  law,  and  every  alteration  of  an  old  one,  sows  the 
seeds  of  litigation  in  the  community.  And  the  conflicting  in- 
terests, and  disturbed  passions  of  men,  will  generally  insure  a 
plentiful  harvest. 

A  reference  to  the  number  of  cases  in  the  late  volumes  of  our 
own  reports,  which  arise  upon  the  statute  laws  of  the  state, 
will  throw  light  upon  this  subject. 

The  practice  of  discussing  subjects  in  the  assemblies  of  the 
states,  that  appropriately  belong  to  the  national  legislature — 
which  has  increased  within  the  last  few  years — tends  very 
much  to  disturb  the  harmony  of  local  legislation,  as  well  as  to 


GOVERNOR'S  ADDRESS.  365 

protract  their  sessions  and  increase  the  expenses  of  the  States. 
The  members  of  congress  from  a  state,  and  the  members  of  a 
state  legislature,  are  chosen  by  the  same  constituency,  but  for 
very  different  objects.  Upon  the  common  and  ordinary  sub- 
jects of  legislation,  it  is  difficult  to  understand  how  the  one  can 
properly  interfere  with  the  duties  of  the  other.  If  this  prac- 
tice continues  to  increase,  there  is  reason  to  fear  the  effect  will 
be  to  lessen  the  already  diminished  weight  and  dignity  of  the 
states,  and  build  up  and  strengthen  the  central  power  at  Wash- 
ington. It  cannot  be  denied  by  those  who  have  carefully 
'.vatched  the  progress  of  such  things,  that  the  action  of  state 
legislatures  on  exciting  political  topics,  often  have  their  origin 
at  the  seat  of  the  general  government,  and  are  designed  to  ac- 
complish some  party  purpose  there.  The  danger  of  such  a 
course  is,  that,  in  times  of  high  party  agitation,  the  state  legis- 
latures will  sink  from  the  lofty  position  which,  in  our  compli- 
cated and  beautiful  system  of  government  they  ought  to  occupy, 
and  become  the  mere  outposts  of  a  great  central  political  en- 
campment in  the  district  of  Columbia.  Would  it  not  be  safer 
and  wiser  for  the  state  assemblies  to  confine  their  discussions 
and  action,  to  matters  which  properly  belong  to  them,  and  leave 
all  national  questions  of  ordinary  legislation  to  those  who  are 
chosen  by  the  people  to  conduct  them. 

There  are  occasions  and  subjects  upon  which  it  is  the  rigFit 
and  the  duty  of  the  slate  legislatures  to  speak,  though  action  in 
the  first  instance  may  belong  to  Congress.  Questions  which 
involve  some  great  interests,  or  the  constitutional  and  reserved 
powers  of  the  states,  or  the  liberty  of  their  citizens,  are  of  this 
character.  When,  upon  such  questions  and  such  occasions, 
they  send  up  their  opinions,  properly  expressed,  to  the  great 
council  of  the  nation,  they  should  go  up  as  the  united,  solemn 
voice  of  the  people,  of  the  state,  uttered  through  their  represent- 
atives. Under  such  circumstances,  the  opinion  of  a  state,  ex- 
pressed with  dignity  by  its  constitutional  organ,  would  be  re- 
spected by  those  to  whom  it  should  be  addressed. 

A  sense  of  official  duty  impels  me  to  invite  your  attention  to 
that  part  of  an  act,  passed  at  the  last  session  of  our  legislature, 
entitled  "  an  act  establishing  the  salaries  of  certain  officers," 
which  reduces  the  salaries  of  the  judges  of  the  supreme  judicial 
court. 

I  do  this  without  regard  to  the  competency  of  those  salaries 
before,  or  since  their  reduction,  and  solely  upon  constitutional 
groinids.  Has  the  legislature  the  constitutional  power  to  re- 
duce the  salaries  of  tlic  judges  of  the  supreme  judicial  court 
below  the  amount  at  which  they  were  established  by  law  at 
the  time  when  they  were  appointed  and  accepted  of  their 
offices  ? 

This  is  a  question  of  deep  interest  to  the  people  of  this  Com- 
monwealth. It  should  be  met  and  discussed  with  calmness. 
47 


366  GOVERNOR'S  ADDRESS. 

Let  the  constitution  speak  for  itself.  The  twenty-ninth  article 
of  the  bill  of  rights  says,  "  it  is  essential  to  the  preservation  of 
the  rights  of  every  individnal,  his  life,  liberty,  property  and 
character,  that  there  be  an  impartial  interpretation  ot  the  laws 
and  administration  of  jnstice.  It  is  the  right  of  every  citizen 
to  be  tried  by  judges  as  free,  impartial,  and  independent^  as  the 
lot  of  humanity  will  admit." 

"  It  is  therefore  not  only  the  best  policy,  but  for  the  security 
of  the  rights  of  the  people  and  of  every  citizen.,  that  the  judges 
of  the  supreme  court  should  hold  their  offices  as  long  as  they 
behave  themselves  well. — and  that  they  should  have  honorable 
salaries  ascertained  and  established  by  standing  laws."  In  the 
13th  article  of  the  first  section  of  the  2d  chapter,  it  is  declared 
"  that  permanent  salaries  shall  also  be  established  by  law  for 
the  justices  of  the  supreme  judicial  court.  And  if  it  should  be 
found  that  any  of  the  salaries  aforesaid,  so  established^  are  in- 
sufficient, they  shall  from  time  to  time,  be  enlarged  as  the  Gene- 
ral Court  shall  judge  proper."  By  the  established  laws  of  the 
Commonwealth,  in  full  force  when  the  present  excellent  and 
learned  judges  of  that  court  were  a])pointed,  the  salary  of  the 
chief  justice  was  fixed  at  ^3500,  and  the  associate  justices  at 
$3000  each.  Can  comment  or  argument  make  the  intention 
and  meaning  of  the  clear  minded  authors  of  that  instrument, 
more  obvious  or  certain  than  it  is  made  by  their  own  implicit 
language  7 

The  article  in  the  bill  of  rights  which  lias  been  quoted,  de- 
clares that  "  it  is  the  right  of  every  citizen  to  be  tried  by  judges 
as  free,  impartial  and  independent  as  the  lot  of  humanity  will 
admit."  The  freedom,  impartiality  and  indepctidoice  of  the 
judges  was  the  object  to  be  secured.  And  this  object  was  to 
be  attained  for  the  security  of  the  life,  liberty,  property  and 
character  of  the  citizen. 

It  then  names  the  means  of  accomplishing  this  important 
end.  And  they  are  two:  First,  the  judges  "  shall  hold  their 
offices  as  long  as  they  behave  themselves  well;  "  and  secondly, 
"  they  shall  have  honorable  salaries  asccM'tained  and  established 
by  standing  laws."  It  is  quite  apparent  that  either  of  these 
means  alone  would  have  been  of  very  little  worth  towards  ac- 
complishing the  end.  Are  judges  dependent  upon  another  de- 
partment of  the  government  for  their  appointment,  and  the 
amount  of  their  pay  from  year  to  year,  as  independent  in  the 
sense  of  the  bill  of  rights,  as  they  would  be  if  they  held  their 
offices  as  long  as  they  behaved  themselves  well,  and  had  sala- 
ries established  by  law,  beyond  the  control  of  that  other  de- 
partment, during  their  continuance  in  office?  The  lot  of 
humanity  must  be  changed  before  this  question  can  be  an- 
swered in  the  affirmative.  The  word  honorable,  qualifies  the 
amount  of  the  salary.  The  terms  ascertained  and  established 
by  standing  laws,  if  they  have  any  definite  meaning,  would 
seem  to  distinguish  what  their  authors  intended  to  do  for  the 


GOVERNOR'S  ADDRESS.  367 

judges,  from  the  uncertain  mode  of  paying  ihem  by  fees  and 
perquisites,  from  leaving  tlie  amount  of  their  compensation  to 
hf^  settled  by  the  legislature  from  year  to  year,  and  providing 
for  lliem  a  permanent  support. 

The  provision  in  the  2d  chapter  shows  what  was  intended 
by  salaries  ascertained  and  established  by  standing  laws,  by 
saying  that  ^'■permanent  salaries  shall  be  established  by  law  for 
the  justices  of  the  supreme  judicial  court." 

It  is  sometimes  said,  that  if  the  legislature  have  the  power  to 
raise  the  salaries  of  the  judges,  they  also  have  the  power  to 
reduce  them. 

However  plausible  this  argument  might  have  been,  if  the 
constitution  had  been  silent  about  it,  it  loses  all  its  force  when 
it  is  shown  that  an  express  power  is  given  to  increase  them, 
when  it  shall  be  foimd  that  those  established  are  insufficient. 

In  such  a  case  they  are  to  "  be  enlarged  as  the  general  court 
shall  judge  proper."  If  the  cautious  and  far  seeing  men  who 
framed  that  instrument,  intended  to  confer  upon  the  legislature 
the  power  to  reduce  as  well  as  to  enlarge  the  judges  salaries, 
what  possible  reason  can  be  given  why  they  did  not  say  so. 
In  the  3d  article  of  the  6th  chapter,  "power  is  given  to  the 
legislature,  from  time  to  time,  to  increase  such  qualifications 
as  to  property  of  the  persons  to  be  elected  to  offices,  as  the  cir- 
cumstances of  the  t  Commonwealth  shall  require." 

From  this  express  power,  given  to  increase  the  property 
qualifications  of  the  officers  named,  can  the  right  to  reduce 
them  be  argued  ?  It  is  believed  no  such  argument  has  ever 
been  put  forth.  An  amendment  to  the  constitution  has  subse- 
quently abolished  those  qualifications.  More  than  sixty  differ- 
ent Legislatures  have  discharged  their  high  official  functions 
under  the  authority  of  our  time-honored  constitution,  and  no 
one  of  that  nimiber  in  all  the  revolutions  of  parties,  except  the 
one  assembled  during  the  last  year,  have  ever  exercised  such  a 
power  as  wc  are  now  discussing.  The  existing  judges  were 
appointed  under  the  constitution,  to  hold  their  offices  as  long 
as  they  should  behave  themselves  well.  They  accepted  their 
appointments  to  their  responsible  and  laborious  offices  with  the 
knowledge  that  their  salaries  were  ascertained  and  established 
by  standing  laws.  The  plain  language  of  that  sacred  instru- 
ment was  before  them;  and  the  uniform  and  unquestioned 
construction  of  all  parties,  and  of  every  Legislature,  for  more 
than  three  score  years,  had  declared  their  salaries  to  be  per- 
manent. Can  those  salaries,  or  any  part  of  them,  now  be 
taken  from  those  judges  without  violating  the  good  faith  of  the 
state  ?  Can  the  independence  of  the  judges  of  that  important 
tribunal,  which  is  a  separate  department  of  your  government, 
be  shaken,  without  disregarding  that  vital  article  in  the  bill  of 
rights,  which  declares  "  that  it  is  the  right  of  every  citizen  to 
be  tried  by  judges  diS  free  impartial^  and  independent  as  the  lot 
of  humanity  will  admit."  ^ 


368  GOVERNOR'S   ADDRESS. 

The  importance  of  an  impartial  interpretation  of  the  laws 
and  administration  of  justice,  by  independent  judges,  was  not 
over  estimated  by  our  discreet  and  patriotic  fathers.  They 
held  that  the  rights  of  the  citizen  required  the  independence  of 
the  judge.  They  engraved  it  upon  the  tablet  of  their  constitu- 
tion, that  it  was  "  not  only  the  best  poHcy,  but  for  the  security 
of  the  rights  of  the  people  and  of  every  citizen,  that  the  judges 
of  the  supreme  court  should  hold  their  offices  as  long  as  they 
behaved  themselves  well,  and  tiiat  they  should  have  honora- 
ble salaries  established  bylaw;"  that  they  should  have  per- 
manent  salaries.  The  law  under  consideration  in  effect  pro- 
claims, that  those  salaries  declared  by  the  constitution  to  be 
established  and  permanent^  shall  be  held  at  \he  pleasure  of  the 
legislative  department  of  the  government,  and  be  reduced  at 
their  will.  One  of  the  most  illustrious  statemen  of  our  coun- 
try, in  a  commentary  upon  the  constitution  of  the  United 
States,  in  discussing  the  judiciary  department,  says,  "  in  the 
general  course  of  human  nature,  a  power  over  a  man's  subsist- 
ence, is  a  power  over  his  will,  and  we  can  never  hope  to  see 
realized  in  practice,  the  complete  separation  of  the  judicial 
from  the  legislaive  power  in  any  system,  which  leaves  the 
former  dependent  for  pecuniary  resources  on  the  occasional 
grants  of  the  latter."  All  history  attests  the  truth  and  justice 
of  his  remark. 

The  question  before  us  is  not  so  much  what  the  constitution 
should  be,  as  what  it  is.  If  its  existing  provisions  deny  to  the 
Legislature  the  power  to  take  away  the  salaries  of  the  judges, 
it  is  the  supreme  law  of  the  state,  and  the  Legislature  must 
bow  to  it  with  reverence  until  it  is  changed  by  the  power 
which  made  it. 

There  can  be  no  citizen  in  Massachusetts  who  would  consent 
to  save  a  few  hundred  dollars  per  annum  at  so  costly  a  sacri- 
fice as  a  violation  of  the  constitution.  Such  would  be  a  false 
economy  ;  an  economy  dangerous  and  fatal  to  liberty.  What 
would  be  said  of  the  prudence  and  economy  of  a  farmer,  who, 
to  save  the  expense  of  a  dozen  rods  of  fence,  would  throw 
open  his  rich  and  half-grown  field  of  corn  to  the  ravages  of 
his  own  and  his  neighbor's  cattle?  By  one  such  act  of  folly, 
he  would  destroy  the  fruits  of  his  labor  for  months,  and  blast 
the  hopes  of  his  harvest. 

Unsettle  and  subvert  the  laws  of  the  state,  which  protect  the 
person  and  secure  the  property  of  the  citizen  ;  throw  down  the 
pillars  of  the  constitution,  which  mark  and  define  the  limits  of 
Legislative  power ;  leave  every  question  to  the  impulses  and 
excitements  of  the  day,  and  what  would  property  be  worth  ? 
What  would  life  itself  be  worth  in  such  a  state  of  things  7 
These  views  upon  this  momentous  subject  have  been  frankly 
presented  to  you,  and  I  now  submit  it  to  your  grave  and  candid 
consideration. 

The  people  of  all  free  governments  will  be  divided  into  po-- 


GOVERNOR'S   ADDRESS.  369 

litical  parties.  The  security  of  liberty  is  increased  by  such 
divisions.  Differences  of  opinion  upon  measures  best  calcu- 
lated to  promote  the  public  good,  lead  to  discussion,  and  dis- 
cussion leads  to  the  discovery  of  truth.  But  the  members  of 
different  parties  should  remember,  that  they  are  all  brethren  of 
the  same  family.  That  they  have  one  country  to  serve,  and 
that  one  destiny  awaits  them.  All  are  interested  alike  in  the 
cause  of  freedom  and  human  rights,  all  are  alike  affected  by 
bad  laws,  and  all  receive  the  benefit  of  just  and  wise  measures. 
The  author  of  the  declaration  of  independence,  when  officially 
addressing  the  two  great  political  parties  of  his  time,  said  "we 
are  all  republicans,  we  are  all  federalists."  If  the  sentiment 
of  this  passage  could  be  generally  diffused  into  the  minds  of 
our  fellow  citizens,  it  would  modify  the  excess  of  political  feel- 
ings, and  tame  the  fierce  spirit  of  struggling  partisans. 

When  the  open  and  manly  champions  of  equal  and  just 
laws,  sink  into  the  designing  advocates  of  party,  and  the 
divided  masses  range  themselves  under  their  selfish  leaders, 
and  forget  their  true  interest  in  their  zeal  for  a  petty  triumph 
over  their  opposing  brethren,  the  morals  of  the  community 
suffer,  and  liberty  itself  is  endangered.  A  spirit  of  liberality 
and  forbearance  towards  those  of  our  fellow  citizens  who  differ 
from  us  in  opinion,  whilst  it  involves  no  sacrifice  of  principle 
on  our  part,  would  give  them  evidence  of  our  sincerity,  and 
open  their  minds  to  hear  our  arguments. 

If  when  parties  gain  power,  they  would  wield  that  power  for 
the  benefit  of  the  whole  people,  by  the  support  of  wise  and 
moderate  measures,  they  would  disarm,  at  least,  the  reasonable 
part  of  their  adversaries,  and  manifest  to  the  world  the  truth  of 
their  professions  when  striving  for  the  ascendency.  A  majority 
which  uses  its  pover  for  mere  party  purposes,  and  disregards 
the  interests  and  tramples  on  the  rights  of  the  minority,  is  a 
despotism.  It  is  no  less  odious  and  oppressive  because  it  is 
wielded  by  many,  instead  of  one  hand. 

And  a  minority,  which,  by  all  the  means  it  can  devise,  mis- 
represents, embarrasses,  and  thwarts  the  measures  of  a  ma- 
jorit}'',  because  they  are  the  measures  of  a  majority,  is  a  faction. 
High  professions  of  patriotism,  and  regard  for  the  people's 
rights,  will  not  change  the  real  character  of  parties  which  act 
upon  such  principles. 

Having  been,  by  the  favor  of  a  portion  of  my  fellow  citizens, 
for  several  years  employed  in  another  branch  of  the  public  ser- 
vice, I  am  not  so  familiar  with  the  details  of  the  affairs  of  the 
Commonwealth,  as  to  enable  me  to  treat  of  them  in  this  ad- 
dress. The  state  of  the  treasury  has  been  laid  before  you  by 
the  report  of  the  treasurer. 

Should  the  public  interest  require  any  subject  from  the  exec- 
utive department  to  be  laid  before  you  during  the  session,  it 
will  be  done  by  special  communication. 

The  balance  claimed  to  be  due  from  the  general  goverimient 


370  GOVERNOR'S  ADDRESS. 

to  this  state  and  the  state  of  Maine,  for  money  expended  in  the 
public  defence  during  the  late  war  with  Great  Britain,  has  not 
yet  been  paid.  The  claim  long  since  passed  through  the  pro- 
per accounting  offices,  and  is  believed  to  rest  on  the  same  prin- 
ciples upon  which  allowances  for  similar  claims  have  been  mado 
to  other  stales,  and  needs  only  an  act  of  appropriation  to  do  us 
justice.  It  is  hoped  that  justice  may  be  done  during  the  pres- 
ent session  of  congress. 

We  are  instructed  by  our  bill  of  rights,  that  "  a  frequent  re- 
currence to  the  fundamental  principles  of  the  constitution,  and 
a  constant  adherence  to  those  of  piety,  justice,  moderation,  tem- 
perance, industry  and  frugality,  are  absolutely  necessary  to  pre- 
serve the  advantages  of  liberty  and  to  maintain  a  free  govern- 
ment; and  that  the  people  have  a  right  to  require  of  their  law- 
givers and  magistrates  an  exact  observance  of  them,  in  the  for- 
mation and  execution  of  the  laws  necessary  for  the  good  ad- 
ministration of  the  Commonwealth." 

The  constitution  itself  makes  it  "  the  duty  of  the  Legisla- 
ture and  magistrates,"  among  other  things,  "to  cherish  the  in- 
terests of  literature  and  the  sciences,  and  all  seminaries  of  them, 
especially  the  University  at  Cambridge,  public  schools  and 
grammar  scliools  in  the  towns,  to  encourage  private  societies 
and  public  institutions,  rewards  and  immunities  for  the  promo- 
tion of  agriculture,  arts  and  sciences,  commerce,  trades,  manu- 
factures, and  a  natural  history  of  the  country,  to  countenance 
and  inculcate  the  principles  of  benevolence,  public  and  private 
charity,  industry  and  frugality,  honesty  and  punctuality  in 
their  dealings,  sincerity,  good  humor,  and  all  social  atlections, 
and  generous  sentiments  among  the  people." 

Legislators  of  Massachusetts, — these  are  the  high  and  noble 
purposes  for  which  this  government  was  instituted.  They  bear 
the  impress  of  the  great  men  who  formed,  and  the  brave  and 
patriotic  people  who  adopted  the  constitution  in  which  they  are 
written.  They  arc  purposes  worthy  the  attention  of  the  repre- 
sentatives of  an  enlightened  (^'ommon wealth.  To  carry  them 
forward  you  are  clothed  with  the  power  of  making  laws.  The 
successive  legislatures  which  have  followed  each  other  during 
two  entire  generations  of  men,  have  made  those  principles  the 
landmarks,  to  guide  their  official  course:  how  far  they  tran- 
scend in  reason  and  dignity  the  narrow  and  selfish  purposes  of 
party  policy. 

Few.  if  any  communities,  in  the  history  of  the  human  race, 
,  have,  for  the  same  period  of  time,  enjoyed   more   uninterrupt- 

edly the  liighest  degree  of  personal,  civil  and  religious  liberty 
allotted  to  man  on  earth,  and  more  firmly  advanced  in  those 
improvements^  which  ornament  and  elevate  society,  than  have 
the  people  of  Massachusetts.  May  we  not  cherish  the  hope, 
that  under  the  blessings  of  Providence,  those  sacred  institu- 
tions will  continue  to  have  a  salutary  and  controlling  influence 
over  the  minds  and  hearts  of  the  present  and  future  genera- 
tions. 


MESSAGES.  371 

With  profound  gratitude  to  the  Supreme  Ruler  of  the  world 
for  the  mercies  of  the  past  year,  and  for  the  liberal  and  wise 
institutions  which  he  has  caused  to  come  down  unimpaired  to 
us  from  our  fathers,  and  invoking  that  wisdom  which  he  gave 
to  their  councils  to  guide  our  deliberations,  let  us  enter  upon 
the  duties  assigned  us. 


MESSAGES. 


To  the  House  of  Representatives  : 

In  compliance  with  the  request  of  the  Honorable  House,  con- 
tained in  their  order  of  the  fourth  instant,  1  inform  them  that 
the  Executive  was  duly  impressed  with  the  importance  and 
delicate  nature  of  the  agency  established  by  the  "  Resolves  re- 
lating to  the  im.prisonment  of  citizens  of  this  Commonwealth, 
in  other  Stales,"  and  with  the  difficully  of  selecting  individu- 
als who  would  execute  all  the  duties  devolved  upon  them  with 
ability  and  fidelity,  and  without  interrupting  or  endangering 
the  friendly  relations  now  happily  subsisting  between  this 
State  and  its  associates  in  the  Union. 

A  consideration  of  the  expense  which  might  attend  the  exe- 
cution of  the  commission,  as  well  as  the  facility  of  performing 
the  duty  required  and  the  import  of  the  resolves  themselves,  all 
pointed  to  the  selection  of  agents  who  were  residents  of  the  cit- 
ies named  in  the  resolves. 

After  much  time  spent  in  inquiry,  and  in  seeking  for  indi- 
viduals of  high  characters  and  acknowledged  efficiency,  on  the 
first  day  of  November  last,  John  A.  Maybiii,  Esquire,  of  New 
Orleans,  and  Benjamin  Faneuil  Hunt,  Esquire,  of  Charleston, 
two  men  alike  distinguished  for  their  talents,  their  humanity, 
and  their  moral  worth,  were,  with  the  advice  and  consent  of 
the  Council,  appointed  agents  for  their  respective  ports,  A 
commission,  with  a  copy  of  the  resolves  aforesaid,  annexed, 
and  a  letter  of  instructions,  of  all  which  copies  are  herewith 
transmitted,  were  at  once  forwarded,  by  mail,  to  each  of  the 
agents. 

From  Mr.  Hunt,  no  reply  has  been  received. 

On  the  twenty-fourth  of  November  last,  a  letter,  of  which  a  copy 
is  herewith  transmitted,  was  received  from  Mr.  Maybin,  dechn- 


372  MESSAGES. 

ing  the  appointment  and  returning  his  commission.  At  the 
next  subsequent  meetmg  of  the  Council,  WilHam  Gardner, 
Esquire,  of  New  Orleans,  a  man  believed  to  be,  in  every  re- 
spect, well  qualified  to  discharge  the  duties  of  the  agency,  was 
appointed  his  successor.  A  commission,  copy  of  the  resolves, 
and  letter  of  instructions,  exact  counterparts  of  those  sent  to 
Mr.  Maybin,  were  forwarded,  by  mail,  to  Mr.  Gardner,  on  the 
twenty-first  of  December  last,  No  reply  has  been  received 
from  him.  This  is  "all  the  action  that  has  been  had,"  by  the 
Executive,  "under  said  resolves." 


Council  Chamber.  Jan.  5,  1844. 


MARCUS  MORTON. 


To  the  Senate : 

I  herewith  transmit  to  the  Honorable  Senate,  for  the  inform- 
ation of  the  two  Houses,  the  following  documents,  received 
from  my  predecessor : 

1 — The  annual  return  of  the  Adjutant  General,  showing  the 
state  of  the  military  force  of  the  Commonwealth,  and  the 
present  condition  of  the  arsenals  and  the  arms  and  munitions 
therein 

2 — The  annual  reports  of  the  Trustees,  the  Superintendent 
and  Treasurer  of  the  State  Lunatic  Hospital. 

3 — The  annual  reports  of  the  Inspectors,  Warden,  Chaplain, 
and  Physician  of  the  State  Prison. 

4 — A  preliminary  report  of  the  Commissioners  appointed  to 
locate  grants,  and  determine  the  extent  of  possessory  claims 
under  the  treaty  of  Washington. 

5 — Resolutions  of  the  General  Assembly  of  the  State  of  Con- 
necticut, "in  relation  to  the  tariff',  to  the  franking  privilege,  to 
the  French  spoliations,  and  to  West  Point  Academy." 

6 — Resolutions  of  the  Legislature  of  New  Hampshire,  relating 
to  refunding  a  fine  imposed  on  General  Jackson. 

7 — Resolutions  of  the  Legislature  of  Alabama,  in  relation  to 
the  assumption  and  repudiation  of  state  debts,  and  to  the  con- 
troversy between  New  York  and  Virginia. 

8 — Resolutions  of  the  Legislature  of  South  Carolina,  in  rela- 
tion to  the  annexation  of  Texas  to  the  Union,  and  to  the  as- 
sumption of  the  debts  of  the  states  by  the  United  States. 

9 — (Jorrespondence  with  the  War  Department,  relative  to 
the  removal  of  the  United  States  troops  from  Forts  Kent  and 
Fairfield. 

10 — Resolutions  and  declaration  of  a  convention  of  delegates 
from  the  states  and  territories  of  the  west  and  south-west,  rela- 
tive to  the  occupation  of  the  Oregon  Territory. 

11 — A  letter  from  the  Secretary  of  State,  with  a  copy  of  a 
communication  from  the  British  Minister,  covering  an  abstract 


MESSAGES.  373 

account  of  the  disputed  territory  fund,  and  a  list  of  bonds  be- 
longing to  the  same  fund. 

I  also  transmit  the  final  report  of  the  Bank  Commissioners 
for  1843. 

The  above  named  documents  being  all  transmitted  in  the 
original,  it  is  respectfully  requested  that  they  may  be  commu- 
nicated by  the  Senate  to  the  other  branch  of  the  Legislature. 

GEORGE  N.  BRIGGS. 

Council  Chamber^  Jan.  12,  1844. 


To  the  Senate : 

In  compliance  with  the  request  of  the  Senate,  I  transmit  to 
them  a  copy  of  the  record  of  the  Executive  Council,  which  re- 
lates to  the  State  Map,  since  the  last  legislative  action  upon 
the  subject,  together  with  the  papers  relating  thereto.  It  is  be- 
lievi^d  that  they  are  the  records  and  papers  intended  to  be 
called  for  by  the  order  of  the  llth  instant.  If  the  Senate  should 
desire  copies  of  those  relating  to  the  proceedings  of  past  years, 
they  will  be  communicated  as  soon  as  the  time  necessary  for 
making  copies  will  permit. 

GEORGE  N.  BRIGGS. 

Council  Chamber,  Jan.  13,  1844. 


To  the  Senate : 

I  herewith  transmit  to  the  Honorable  Senate  for  the  infor- 
mation of  the  two  Houses,  the  Report  of  the  Board  of  Educa- 
tion, together  with  that  of  its  Secretary,  for  the  past  year. 

GEORGE  N.  BRIGGS. 

Coujicil  Chamber,  Jan.  17,  1844. 


To  the  Senate : 

In  compliance  with  the  request  of  the  Honorable  Senate,  I 
herewith  transmit  a  copy  of  so  much  of  the  records  of  the 
Council  fir  the  years  1813-44,  as  relates  to  the  distribution  of 
religious  books  in  the  State  Prison,  with  the  accompanying 
documents. 

GEORGE  N.   BRIGGS. 

Council  Chamber,  Jan.  18,  1844. 


To  the  Senate : 

In  compliance  with  the  request  of  the  Honorable  Senate,  I 
herewith  transmit  a  list  of  all  the  civil  officers,  commissioners 

48 


374  MESSAGES. 

and  agents  appointed  by  Executive  or  Legislative  authority, 
during  the  last  political  year. 

GEORGE  N.  BRIGGS. 
Council  Chamber,  Jan.  30,  1844. 


To  the  Senate  : 

In  compliance  with  the  request  of  the  Honorable  Senate  in 
their  order  of  the  27th  instant,  1  herewith  transmit  a  copy  of 
the  Council  record,  of  the  appointment  of  commissioners  under 
the  resolve  of  March  18,  1843 ;  also,  copies  of  the  report  of 
said  commissioners,  and  of  orders  of  Council  dated  June  21, 
and  July  1,  1843. 

GEORGE  N.  BRIGGS. 

Council  Chamber,  Jan.  31,  1844. 


To  the  Senate : 

In  compliance  with  the  request  of  the  Honorable  Senate,  in 
their  order  of  the  third  instant,  I  transmit  herewith  copies  of 
all  the  records  of  proceedings  of  the  Council,  and  all  docu- 
ments upon  the  files  of  the  Council  relating  to  the  survey  and 
sale  of  the  arms,  ordnance,  ordnance-stores,  and  munitions  of 
war,  formerly  or  now  belonging  to  the  State;  and  also  in  refer- 
ence to  ihe  sale  of  the  arsenal  in  Boston,  together  with  all  the 
correspondence  with  the  Acting  Quarter  Master  General,  and 
all  reports  and  returns  made  to  the  Acting  Quarter  Master 
General  in  regard  thereto,  in  the  years  1843  and  1844;  ex- 
cepting such  records,  &c.,  as  were  furnished  to  the  Senate  on 
the  thirty-first  day  of  January  last. 

GEORGE  N.  BRIGGS. 

Council  Chamber,  Feb.  7,  1844. 


To  the  Senate : 

I  transmit  herewith  to  the  Honorable  Senate,  a  copy  of  a 
report  of  a  committee  of  the  Executive  Council,  on  the  affairs 
of  the  State  Prison,  accepted  Nov.  1,  1843,  in  which  is  em- 
braced the  report  of  commissioners  on  the  subject  of  repairs, 
referred  to  in  the  order  of  the  Senate  of  the  7th  instant. 

GEORGE  N.  BRIGGS. 

Council  Chamber,  Feb.  9,  1844. 


To  the  Senate  and  House  of  Representatives : 

In  the  report  of  the  Warden  of  the  State  Prison,  made  to  the 
Governor  in  November  last,  he  says,  "  there  are  four  convicts 
in  the  prison  wholly  or  partially  deranged,  and  consequently 


MESSAGES.  375 

unsafe  persons  to  be  at  large  in  the  prison  yard.  No  suitable 
accommodations  are  provided  for  insane  persons.  The  only 
thing  that  can  be  done  for  them  is  to  shut  them  up  in  solitary 
cells,  where  the  diseases  of  the  mind  instead  of  being  healed 
are  aggiavatcd  and  confirmed.  One  man  has  been  confined  in 
this  way  for  several  years,  two  others  for  shorter  periods  of 
time." 

The  inspectors  of  the  prison  in  their  report  call  the  attention 
of  the  government  to  the  fact  that  there  are  several  insane 
persons  in  the  prison,  for  whom  no  suitable  provision  is  made. 
They  further  say,  "  they  have  reason  to  apprehend  that  some 
of  these  persons  were  insane  at  the  time  of  committing  the 
offences  of  which  they  were  convicted,  and  have  been  so  during 
the  wliole  period  of  their  confinement."  I  have  seen  those  un- 
fortunate men  and  witnessed  the  cheerless  and  gloomy  cells  in 
which,  from  necessity,  under  existing  laws,  they  are  shut  up. 
With  no  one  to  look  after  them  capable  of  administering  to 
minds  diseased,  they  are  left  alone  to  the  workings  of  their 
disordered  brains.  There  is  reason  to  believe  that  cases,  which 
in  their  early  stages  would  yield  to  proper  treatment,  if  neg- 
lected as  these  persons  now  are,  will  end  in  hopeless  insanity. 

It  seems  inhuman  and  cruel  that  persons  bereft  of  their  rea- 
son, upon  whom  punishment  can  produce  no  useful  efiect, 
should  be  made  to  suffer  more  severely  than  those  who  are 
conscious  they  are  paying  the  just  penalty  of  violated  law. 

Existing  laws  make  provisions  for  sending  persons  in  county 
gaols,  under  sentence,  who  may  become  insane,  to  the  State 
Lunatic  Hospital  at  Worcester.  And  if  on  the  trial  for  an 
offence  before  the  courts,  a  jury  find  the  prisoner  not  guilty  by 
reason  of  insanity,  the  court  have  power  to  send  him  to  the 
Lunatic  Hospital.  This  has  been  done  in  the  case  of  the  mis- 
erable man  who  killed  the  late  Warden  of  the  State  Prison, 
whilst  his  fellow  prisoners  are  shut  up  in  their  cells. 

I  recommend  the  enactment  of  a  law,  directing  that  convicts 
in  the  State  Prison  who  shall  be  found  to  be  insane,  shall  be 
removed  to  the  State  Lunatic  Hospital,  at  Worcester,  until  their 
reason  shall  be  restored,  or  the  time  for  which  they  are  com- 
mitted to  prison  shall  have  expired. 

To  ascertain  the  fact  of  insanity,  the  cases  of  those  convicts 
who  appear  to  be  so  might  be  submitted  to  the  examination  of 
persons  whose  education  and  professional  experience  qualify 
them  to  be  judges.  Perhaps  a  commission  consisting  of  the 
Superintendents  of  the  State  Lunatic  Hospital  at  Worcester, 
and  of  the  McLean  Asylum,  and  the  Physician  of  the  State 
Prison,  would  constitute  a  safe  and  careful  board  for  such  a 
purpose.  Whether  the  persons  to  make  such  examination 
should  be  named  in  the  law,  or  left  to  be  appointed  in  some 
other  mode,  will  be  for  the  Legislature  to  decide  if  they  shall 
see  fit  to  act  on  the  subject. 

It  appears  to  me  that  the  condition  of  the  present  lunatic  in- 


376  MESSAGES. 

mates  of  pur  State  Prison  calls  for  prompt  action  on  the  part  of 
the  Legislature. 

I  deem  it  my  duty  to  direct  your  attention  to  their  situation, 
and  respectfully  but  urgently  to  invite  you  to  make  immediate 
provisions  for  their  relief. 

GEORGE  N.  BRIGGS. 

Council  Chamber,  Feb.  10,  1844. 


To  the  Senate  : 

In  compliance  with  the  request  of  the  Honorable  Senate,  in 
their  order  of  the  9th  instant,  I  transmit  herewith  a  list  of  all 
civil  officers  apjjointcd  by  the  Executive  from  the  11th  of  Jan- 
uary, 1842,  to  the  20th  of  January,  1843,  being  the  political 
year  1842-3;  also  a  statement  of  the  number  of  civil  officers 
appointed  annually  for  ten  years  past. 

JN'o  appointment  appears  to  have  been  made  during  the  year 
1843,  to  fill  a  vacancy  in  any  office  caused  by  the  removal  of 
the  incumbent,  except  that  of  the  Adjutant  General. 

GEORGE  N.  BRIGGS. 

Council  Chamber,  Feb.  17,  1844. 


To  the  House  of  Representatives  : 

I  herewith  transmit  to  the  Honorable  House,  for  the  infor- 
mation of  both  Houses,  resolves  of  the  State  of  Maine,  in  rela- 
tion to  certain  funds. 

GEORGE  N.  BRIGGS. 

Council  Chamber,  Feb.  20,  1844. 


To  the  iSetiate  : 

The  Senate  are  respectfully  informed,  in  reply  to  their  order 
of  the  20th  instant,  that  the  Executive  has  no  means  of  fur- 
nishing information  concerning  either  branch  of  the  inquiry 
included  in  that  order.  The  documents  from  which  it  might 
have  been  obtained,  are  believed  to  have  been  among  the  pa- 
pers conveyed  to  Washington  by  the  agents  appointed  in  the 
year  1823  to  prosecute  the  claims  of  this  Commonwealth  on 
the  United  States,  for  expenditures  for  militia  services  during 
the  late  war ;  which  papers  do  not  appear  to  have  been  re- 
turned into  the  custody  of  the  Commonwealth. 

GEORGE   N.   BRIGGS. 

Council  Chamber,  Feb.  21,  1844. 

To  the  Senate : 

In  compliance  with  the  resolves  of  1837,  chapter  30,  I  here- 
with transmit  to  the  Honorable  Senate,  to  be  laid  before  both 


MESSAGES.  377 

houses,  a  report  of  the  penal  code  of  Massachusetts,  prepared 
by  the  commissioners  appointed  to  reduce  so  much  of  the  com- 
mon law  of  Massachusetts,  as  relates  to  crimes  and  punish- 
ments and  the  incidents  thereof,  to  a  written  and  systematic 
code. 

With  the  report  I  transmit  certain  documents,  in  print  and 
manuscript,  therein  referred  to,  and  a  separate  report  of  John 
Gray  Rogers,  Esq.,  one  of  the  commissioners. 

GEORGE   N.  BRIGGS. 

Council  Chamber,  Feb,  24,  1844. 


To  the  Senate  and  House  of  Representatives  : 

I  herewith  transmit,  for  the  consideration  of  the  Honorable 
Senate  and  House  of  Representatives,  a  copy  of  a  letter  this 
day  received  from  the  governor  of  Maine,  accompanied  by 
resolves  of  that  state,"  additional  to  resolves  authorizing  the 
appointment  of  commissioners  to  locate  grants,  and  determine 
the  extent  of  possessory  claims,  under  the  late  treat)'  with  Great 
Britain." 

GEORGE  N.  BRIGGS. 

Council  Chamber,  March  5,  1844. 


To  the  Senate : 

I  herewith  transmit,  for  the  information  of  the  Legislature, 
a  communication  from  the  governor  of  Mississippi,  accompa- 
nied by  resolves  of  the  legislature  of  that  state  concerning  the 
annexation  of  Texas  to  the  United  States. 

GEORGE  N.  BRIGGS. 

Council  Chamber,  March  11,  1844. 


To  the  Senate : 

In  compliance  with  an  order  of  the  Honorable  Senate  of  the 
12th  instant,  I  herewith  transmit  a  tabular  statement  of  the 
amounts  paid  for  printing,  under  the  direction  of  the  board  of 
education,  during  the  seven  years  since  the  creation  of  that  board. 
The  reports  of  the  board  have  made  part  of  the  same  volume 
with  the  reports  of  its  secretary,  and  there  are  no  materials  in 
the  public  offices  for  distinguishing  between  the  cost  of  the 
abstracts  of  school  returns,  and  that  of  other  blanks. 

GEORGE  N.  BRIGGS. 

Council  Chamber,  March  13,  1844. 


378  MESSAGES. 


To  the  Senate 


I  have  received  a  printed  communication  purporting  to  be 
from  tile  Governor  of  tlie  State  of  Virginia,  forwarding  a  copy 
of  Resolutions  passed  by  the  General  Assembly  of  that  State 
on  the  15th  of  February  last,  on  the  subject  of  Resolves  passed 
by  the  Legislature  of  this  Commonwealth  on  the  16th  day  of 
January,  proposing  so  to  amend  the  Constitution  of  the  United 
States,  as  that  representatives  and  direct  taxes  shall  be  appor- 
tioned among  the  several  states,  which  are  or  may  be  included 
within  this  Union,  according  to  their  respective  numbers  of 
free  persons,  excluding  Indians  not  taxed. 

With  the  abovenamed  Resolutions,  in  obedience  to  the  fourth 
in  the  series,  the  Resolves  of  this  Commonwealth,  with  the  let- 
ter of  the  Secretary  accompanying  them,  are  returned  to  the 
Governor  of  Massachusetts.  The  Resolves  of  Virginia  are  not 
authenticated  in  the  manner  usual  in  such  communications. 

These  proceedings,  on  the  part  of  the  General  Assembly  of 
Virginia,  are,  as  far  as  I  know,  without  a  precedent  in  the  cor- 
respondence between  states  of  this  Union. 

The  Resolves  of  this  Commonwealth,  above  referred  to,  with 
a  verbal  alteration,  have  been  passed  by  two  successive  Legis- 
latures with  great  unanimity.  They  propose,  in  a  respectful 
and  constitutional  manner,  an  amendment  to  the  Constitution 
of  the  United  States. 

The  manner  in  which  they  have  been  treated  by  the  govern- 
ment of  Virginia  demands  your  prompt  and  cautious  consid- 
eration. 

While  I  am  pursuaded  that  the  Legislature  of  Massachusetts 
will  under  no  circumstances  forget,  or  disregard  that  courtesy 
and  decorum  which  should  always  mark  the  conduct  of  the 
members  of  this  confederacy  towards  each  other,  I  trust  they 
will  on  this  occasion  maintain  the  ground  which  they  have 
deliberately  taken,  with  a  manliness  and  dignity,  that  become 
the  representatives  of  an  enlightened  and  independent  people. 

GEORGE  N.  BRIGGS. 

Council  Chamber,  March  14,  1844. 


LIST 

OF   THE 

CIVIL   GOVERNMENT 

or    THE 

AND    OFFICERS   IMMEDFATELY    CONNECTED    THEREWITH, 
FOR  THE  POLITICAL  YEAR  1844. 

HIS  EXCELLENCY 

GEORGE  N.  BRIGGS, 

GOVERNOR. 

HIS  HONOR 

JOHN   REED, 

LIEUTENANT  GOVERNOR. 

COUNCIL. 
GEORGE  MOREY, 
ALFRED  D.  FOSTER, 
ROBERT  S.  DANIELS, 
EDWARD  A.  NEWTON, 
THADDEUS  SPAULDING, 
THOMAS  FRENCH, 
CHARLES  MARSTON, 
WILLIAM  G.  BATES, 
JAMES  ARNOLD. 


JOHN    G.    PALFREY, 

Secretary  of  the  Commonwealth. 

William  Tufts,  Is  Clerk.  Cliarles  W.  Lovett,  2d  Clerk. 

THOMAS    RUSSELL, 

Treasurer  and  Receiver  General  of  the  Commonwealth. 

Joseph  Foster,  Ist  Clerk.  David  Wilder,  Ji.  9d  Clerk. 


SENATE. 


JOSIAH    aUINCY,    JR 

PRESIDENT. 


SUFFOLK  DISTRICT. 

Josiah  Quincy,  Jr.  Charles  Francis  Adams, 

Jeffrey  Richardson,  John  C.  Park. 

Nathaniel  Hammond, 

ESSEX  DISTRICT. 

Allen  W.  Dodge,  Alfred  Kittredge, 

John  Safford,  Thomas  J.  Clark, 

Francis  S.  Newhall, 

MIDDLESEX  DISTRICT. 

Stevens  Hayward,  Charles  Choate, 

Asa  F.  Lawrence,  Isaac  Livermore, 

Henry  Wilson,  Royal  Southwick. 

WORCESTER  DISTRICT. 

Levi  Lincoln,  Alexander  DeWitt, 

Solomon  Strong,  Dan  Hill. 

Linus  Child, 

HAMPSHIRE  DISTRICT. 

Myron  Lawrence,  Benjamin  Barrett. 

FRANKLIN  DISTRICT. 
William  Whitaker,^  Polycarpus  L.  Cushmau. 

HAMPDEN  DISTRICT. 

Joseph  M.  Forward,  Jehiel  Abbott. 

*  Mr.  Whitaker  having  died  during  the  session  of  the  Legislature,  Henry  W.  Cush- 
man,  Representative  from  Bernardston,  was  elected  to  fill  the  vacancy. 


SENATE.  581 


BERKSHIRE  DISTRICT. 
Henry  H.  Cock,  Asahel  Buck,  Jr. 

NORFOLK  DISTRICT. 

Benjamin  F.  Copeland,  Joseph  Richards. 

Luther  Metcalf, 

PLYMOUTH  DISTRICT. 

Morrill  Allen,  Jesse  Murdock. 

BRISTOL  DISTRICT. 

Elnathan  P.  Hathaway,  Cyrus  E.  Clark. 

Johnson  Gardner, 

BARNSTABLE  DISTRICT. 
Solomon  Davis,  John  B.  DiUingham. 

NANTUCKET  AND  DUKES  CO.  DISTRICT. 

Obed  Barney. 


CHARLES  CALHOUN,  Clerk. 
W.  P.  GREGG,  Assistant  Clerk. 
Rev.  JAMES  F.  CLARKE,  Chaplain. 
MILTON  HALL,  Doorkeeper. 
EDWIN  HILLS,  Assistant  Messenger, 
TILSON  FULLER,  Page. 


49 


HOUSE  OF  REPRESENTATIVES 


THOMAS    KINNICUTT, 

SPEAKER. 

COUJNTY  OF  SUFFOLK. 

Boston^  John  Atkins, 

George  T.  Bigelow, 
Luther  Blodgett, 
Joseph  Bell, 
Larra  Crane, 
Peleg  W.  Chandler, 
Bradley  N.  Cumings, 
John  Codman, 
Luther  S.  Cashing, 
Edmund  Dwight, 
Ebenezer  Ellis, 
David  Francis, 
Daniel  L.  Gibbens, 
John  C.  Gray, 
H.  B.  C.  Greene, 
Jabez  0.  Howe, 
Samuel  F.  Holbrook, 
William  H.  Lane, 
Ezra  Lincoln, 
Benson  Leavitt, 
James  Means, 
Ezra  Palmer, 
William  W.  Parrott, 
Julius  A.  Palmer, 
Samuel  Pettes, 
Jona.  Preston, 
Charles  T.  Russell, 
Asa  Swallow, 
J.  T.  Stevenson, 


HOUSE  OF   REPRESENTATIVES. 


•383 


Boston^ 


Chelsea^ 


Samuel  W.  Sloan, 
Thomas  Tolman, 
Joel  Wheeler, 
Samuel  Wales,  Jr., 
James  S.  Wiggin, 
WilUam  Willett, 
Hosea  Ilsley, 


Amesbury, 

Andover, 

Beverly, 

Boxford, 

Bradford, 

Danvers, 

Essex, 

Georgetown, 

Gloucester, 


Hamilton, 
Haverhill, 
Ipswich, 
Lynn, 


Lynnfield, 

Manchester, 

Marblehead, 

Methuen, 

Middleton, 

Newbury, 

Newburyjiort, 


COUNTY   OF    ESSEX. 


Edwin  M.  Stone, 
John  Picket, 


Frederick  Morrill, 
Joshua  Silvester, 
Moses  Burnham,  Jr., 
Henry  P.  Chaplin, 
Jonathan  Burnham,  Jr., 
Silas  Bray, 
Elbridge  Day, 


Cyrus  Washburn, 
Israel  Perkins, 
Jesse  L.  Lewis, 
Caleb  M.  Long, 
Enoch  Russell, 
Albert  E.  Low, 
Samuel  Chinn,  2d, 
William  H.  Reynolds, 


Jacob  Atkinson, 
Thomas  Huse, 
Issac  H.  Boardman, 
Ebenezer  Bradbury, 


384 


HOUSE   OF   REPRESENTATIVES^, 


Newburyporty 
Roclqjort^ 
Rowley, 
SaleiUj 


Salisbury, 
Saugifs, 
Topsjield, 
Weti/iam, 
West  Newbury, 


Charles  H.  Balch, 
William  Grover, 
Luther  Moody, 
Leverett  Saltonstally 
Israel  Ward,  Jr., 
Allen  Putnam, 
George  Wheatland, 
William  P.  Endicott, 
Daniel  Potter, 

Benjamin  F.  Newhall, 
Charles  C.  Brackett, 


Anton, 

Ashby, 

Bedford, 

Boxboro' , 

B'dlerica, 

Brighton, 

Burlington^ 

CambridgBy 


Carlisle, 
Charlestown^ 


Chelmsford, 

Concord, 

Dracut, 

Dunstable, 

Framingham, 

Groton, 

Hollisto7i, 

Hopkinton, 

Lexington, 


COUNTY   OF    MIDDLESEX. 

Ivary  Keyes, 

John  W.  Simonds, 

John  Eames, 
Henry  H.  Larnard^ 
Abner  Shed, 
Levi  Farwell, 
John  Sargent, 
Ezekiel  Hayden, 

Freeman  F.  Tilden, 
Richard  Frothingham,  Jr., 
Philip  B.  Holmes, 
Absalom  Rand, 
Paul  Kittredge, 
Anthony  Wright, 
Fisher  A.  Hildreth, 
Henry  Parkhurst, 
Moses  Edgell, 
George  S.  Boutwell, 

Nehemiah  Pierce, 


HOUSE  OF   REPRESENTATIVES. 


J86 


Lincobi, 


Littleton  J 

Ezekiel  Wright, 

Lowell, 

Joshua  Swan, 

William  Schoiiler, 

James  Fenno, 

John  W.  Holland, 

Daniel  Balch, 

Joseph  M.  Dodge, 

John  A.  Knowles, 

Franklin  Farrar, 

John  L.  Fitts, 

Maiden, 

Jonathan  Oakes, 

Marlboro'  J 

Abel  Rice, 

Medford, 

Thacher  R.  Raymond, 

Natick, 

John  Kimball, 

Newton, 

Otis  Trowbridge, 

Pepperell, 

Arnold  Hutchinson, 

Reading, 

Addison  Flint, 

Sherburne, 

John  Leland, 

Shirley, 

Jonas  Holden, 

Somej^ville, 

South  Reading, 

Jonas  Cowdrey, 

Stoneham, 

George  Cowdrey,  Jr. 

Stow, 

Joel  Walcott, 

Sudbury, 

James  Moore, 

Townsend, 

Henry  Sceva, 

Tewksbury, 

Edward  Kendall, 

Tyngsbord' , 

Waltham, 

John  M.  Peck, 

Watertown, 

Way  land. 

West  Cambridge, 

George  Stearns, 

Westford, 

George  Harlow, 

Wilmington, 

Woburn, 

Nathaniel  A.  Richardson, 

Weston, 

Edwin  Hobbs, 

Ashburnham, 
Athol, 


COUNTY  OF  WORCESTER. 
Samuel  Sweetser, 


386 


HOUSE  OF  REPRESENTATIVES. 


Auburn, 

Barre, 

Berlin, 

Bolton,     . 

Boylston, 

Brookfield, 

Charlton, 

Dana, 

Douglas, 

Dudley, 

Fitchburg, 

Gardner, 

Grafton, 

Hardwick, 

Harvard, 

Holden, 

Hubbardston, 

Lancaster, 

Leominster, 

Leicester, 

Lunenburg, 

Mendon, 

Milford, 

Millbury, 

Nev)  Braintree, 

Northbo}^o\ 

Northbridge, 

North  Brookjield, 

Oakham, 

Oxford, 

Paxton, 

Petersham, 

Phillipston, 

Pinnceton, 

Royalston, 

Rutland, 

Shrewsbury, 

Southboro\ 

Southbridge, 

Spencer, 


Thomas  Merriam, 
James  Holland, 
Oliver  B.  Sawyer, 
Joel  Barnard, 
John  T.  Cotton, 

William  B.  Boomer, 

Joseph  Batchelder, 


Joseph  Wright, 

Stephen  W.  Paige, 
Ellis  Harlow, 
Ira  Broad, 

John  M.  Washburn, 
Leonard  Bnrrage, 
John  Woodcock, 
Sewell  Bout  well, 
Peter  Gaskill,   Jr. 
Adam  Hunt, 

Henry  A.  Delano, 

Cyrus  Gale, 
Washington  White, 

Horace  P.  Wakefield, 
Jasper  Brown, 
Gains  Conant, 
Seth  Hapgood, 
Jason  Goulding, 
Israel  Everett, 
Barnet  Bullock, 
Henry  Brighara, 


William  Haskell, 
Jabez  Green, 


HOUSE  OF  REPRESENTATIVES. 


387 


Stej'liiig, 

Sutton, 

Sturbjndge, 

Templeton, 

Upton, 

XJxhridge, 

JVan^en, 

TVebste?\ 

Westboro\ 

West  Boy  Is  ton, 

Westminste?', 

Winchendoji, 

Worcester, 


Manasseh  Houghton, 
Zelek  Darling,  Jr. 
Hezekiah  Allen, 
Charles  T.  Fisher, 


Daniel  A.  Hathaway, 
Solomon  Robinson, 
Josiah  Brigham, 
Brigham  Prescott, 

Warham  Rand. 
Thomas  Kinnicutt, 
Fitzroy  Willard, 
Nathaniel  Brooks, 


Amherst, 

Delchertown, 

Chesterfield, 

Ciimmington, 

Easthampton, 

Enfield, 

Granby, 

Greenwich, 

Goshen, 

Hadley, 

Hatfield, 

Middlefield. 

Northampton, 

Norwich, 

Pelham, 

Plainfield, 

Prescott, 

South  Hadley, 

Southampton, 

Westhampton, 

Ware, 


COUNTY  OF  HAMPSHIRE. 

Timothy  J.  Gridley, 
Gideon  Ames, 
Alvan  Macomber, 
Robert  Dawes,  Jr. 
Eleazer  W.  Hannum, 
Luther  Chapin,  Jr. 
Eli  Moody, 
Samuel  Hale, 

Samuel  Nash, 

Matthew  Smith, 
Erastus  Hopkins, 
Nathan  Dikeman, 
Garry  Munson, 
Calvin  D.  Eaton, 
Jerijah  Barber, 
Barry  W.  Aldrich, 
Erastus  T.  Smith, 

John  A.  Jndd, 
Jonathan  Harwood, 


388 


HOUSE  OF  REPRESENTATIVES. 


Williamsburg,  Joel  Hayden, 

Worthington,  Ethan  C.  Ring. 

COUNTY  OF  HAMPDEN. 


Blandford, 

Brimjield, 

Chester. 

Gra7iville, 

Holland, 

Longmeadow, 

Lvdloio, 

Monson, 

Montgomery, 

Palmer, 

Russell, 

Southwick, 

Springfield, 

Tolland, 

Wales, 

Westfield, 

West  Springfield, 
Wilbraham, 


Leverett  Sackett, 

Hector  Campbell, 
Henry  Clark, 

Calvin  Burt, 
Dennis  Knowlton, 

Amos  M.  Wheeler, 
Gilbert  Barker, 
Jere.  W.  Bishop, 
Gideon  Stiles, 
Harvey  Danks, 

Cornelius  Miller, 
S.  R.  B.  Lewis, 
George  Sackett, 
Isaac  Roberts, 
Asa  Clark, 
Samuel  Bebee. 


Ashfield, 

Bernardston, 

Buckland, 

Charlemont, 

Coleraine, 

Conway, 

Deerfield, 

Erving, 

Gill, 

Greenfield, 

Hawley, 

Heath, 

Leyden, 


COUNTY  OF  FRANKLIN. 

Henry  W.  Cushman, 
Ansel  Taylor, 
Waitstill  Hastings, 
Arad  Towne, 
Otis  Childs, 
Zebadiah  Graves, 


Alvin  P.  Haskins, 
George  Lathrop, 
Luther  Gale, 


HOUSE  OF  REPRESENTATIVES. 


389 


Leverett, 

Monroe, 

Montague, 

New  Salem, 

Nortlifield, 

Orange, 

Rowe, 

Shelbnrne, 

S/mtesbury, 

Sunderland, 

Warwick, 

Wendell, 

Whately, 


Nathan  Hosmer, 
Josiah  B.  Harding, 
Charles  Osgood, 
Benjamin  Mayo, 

John  H.  Morse, 
Samuel  F.  Dudley, 

William  E.  Russell, 
Luther  Stone, 


COUNTY  OF  BERKSHIRE. 


Adams, 

Alford, 

Becket, 

Isaac  S.  Wadswortl 

Cheshire, 

Clarksburg, 

Daniel  Mowry, 

Dalton, 

David  Smith, 

Egremont, 

Florida, 

Great  Barrington, 

William  Selkirk, 

Hancock, 

Hinsdale, 

Oliver  P.  Colt, 

Lanesboro' , 

Henry  Mead, 

Lee, 

Zach  Winegar, 

Lenox, 

Major  S.  Wilson, 

Mowit  Washington, 

John  D.  Joyce, 

New  Ashford, 

New  Marlboro,' 

Zenas  Rhoads, 

Otis, 

Calvin  Barker, 

Peru, 

Lemuel  Frissell, 

Pittsfield, 

Ensign  H.  Kellogg, 

Titus  Goodman, 

Richmond, 

William  Peirson, 

Sandisjield, 

Savoy, 

50 


390 


HOUSE  OF  REPRESENTATIVES. 


Siockbridge, 

Sheffield, 

Tyringham, 

Washington, 

W.  Siockbridge, 

Williamstown, 

Windsor, 


Robert  E.  Galpin, 
Heman  Mclntyre, 
John  Branning, 
Alvah  Eames, 
Pearly  Truesdell, 
Amasa  Shattuck, 


Braintree, 

Bellingham, 

Brookline, 

Canton, 

Cohasset, 

Dedham, 

Dover, 

Dorchester, 

Foxboro,'' 

Franklin, 

Medjield, 

Medway, 

Milton, 

Needham, 

Quincy, 

Randolph, 

Roxbury, 


Sharon, 
Stoughton, 
Walpole, 
Weymouth, 

Wrentham, 


COUNTY  OF  NORFOLK. 

James  M.  Freeman, 
Thomas  Kendall, 
John  Endicott, 
Josiah  O.  Lawrence, 
Merrill  D.  Ellis, 

Samuel  P.  Loud, 
Nathaniel  Ford, 
Francis  Dane, 
Saul  B.  Scott, 
Hinsdale  Fisher, 
Horace  Richardson, 
Thomas  T.  Wadsworth, 
George  Smith, 

Aaron  Prescott, 
Samuel  H.  Walley,  Jr. 
Samuel  Guild, 
Samuel  Jackson, 
Erastus  Richards, 
Nathan  Drake,  Jr. 
Oliver  W.  Allen, 
Ira  Curtis, 
Oran  White, 
Preston  Day, 


COUNTY  OF  BRISTOL. 

Attleboro,'  Lemuel  May, 

Forrist  Foster, 


HOUSE  OF  REPRESENTATIVES. 


391 


Berkley  J 
Dartmouth, 

Dighion, 
JEaston, 
Fairhaven, 
Fall  River, 


Fj'eetown, 
Mansfield, 
New  Bedford, 


Norton, 

Pawtucket, 

Raynham, 

Rehoboth, 

Seekonk, 

Somerset, 

Swanzey, 

Taunton, 


Westport, 


Leander  Andros, 
James  Rider, 
George  Kirby, 
Joseph  Pitts, 
Lincoln  Drake, 
Joseph  Tripp, 
Simeon  Borden, 
Nathan  Durfee, 
Thomas  D.  Chaloner, 
Bradford  Braley, 
Orin  S.  Kingsbury, 
Henry  Taber, 
Abraham  H.  Howland, 
J.  H.  W.  Page, 
Calvin  Staples, 
Benj.  S.  Rotch, 
Earl  Hodges, 
Wm.  D.  Bullock, 
Abishai  Lincoln, 
Childs  Luther, 
Viall  Medbery, 

James  Cornell, 
Stephen  L.  White, 
Alpheus  Sanford, 
Elias  Richmond, 


COUNTY  OP  PLYMOUTH. 


Abington, 

Bridgewater, 

Carver, 

Duxbury, 

E.  Bridgewater, 

Halifax, 

Hanover, 

Hanson, 

Hingham, 

HuU, 


Stetson  Raymond, 
Henry  Sherman, 
Joshua  Brewster,  2d, 

Thomas  Holmes, 
Oren  Josselyn, 
Luther  Holmes, 
John  Beal, 


392 


HOUSE  OF  REPRESENTATIVES. 


Kingston, 

Marshjield, 

Middlehoro\ 

N.  Bridgewater., 

Pembroke, 

Plymouth, 

Plympton, 
Rochestei', 

Sciiuate, 

Wareham, 

W.  Bridgewater, 


Edward  P.  Little, 
Morrill  Robinson, 
Wm.  Shurtleff,  2d, 
Daniel  Huntington, 

Benjamin  Bagnall, 
Edmund  Robbins, 
Lewis  Bradford, 
Silas  B.  Allen, 
Loring  Meigs, 

Stephen  C.  Burgess, 
Jonas  Hartwell. 


COUNTY  OF  BARNSTABLE. 

Bm^nstable,  Josiah  Hinckley, 

Job  Handy, 

Brewster,  Elijah  Cobb, 

Chatham,,  Joseph  Young,  Jr., 

Dennis,  Nehemiah  Baker, 

Eastham,  Elijah  E.  Knowles, 

Falmouth,  Samuel  P.  Croswell, 

Harwich,  James  Long, 

Orleans,  Seth  Higgins, 

Provincetown,  Thomas  Lothrop, 

Sandwich,  Benjamin  Bourne, 

Asahel  Cobb, 

Truro,  Hugh  Hopkins, 

Wellfleet,  Isaac  Paine, 

Yarmouth,  James  B.  Crocker. 


Chilmark, 

Edgartown, 

Tisbury, 


DUKES  COUNTY. 


HOUSE  OF  REPRESENTATIVES.  393 

COUNTY  OF  NANTUCKET. 

Nantucket^  -  George  G.  Folger, 

David  Baker, 
Charles  Wood, 
Daniel  Jones,  Jr. 


Charles  W.  Storey,  Jr.,  Clerk. 
Austin  Phelps,   Chaplain. 


Benjamin  Stevens,  Sergeant-at-Arms  to  the  General  Court. 


Cyrus  Chase,  Messenger  to  the  Governor  and  Council. 


Edmund  S.  Brigham,  Watchman  to  the  State  House. 

Alexis  Pool,       J 

David  Murphy,  >  Doorkeepers  to  the  House  of  Representatives. 

E.  W.  Palmer,  ) 

Timothy  Hays,  Page  to  the  House  of  Representatives. 


ACTS 


RESOLVES 


PASSED    BY   THE 


(i^encral  Court  of  M^^^MWttt$, 


IN    THE   YEAR 


18  4  5: 


TOGETHER   WITH   THE   ROLLS  AND   MESSAGES. 


PUBLISHED    BY    THE    SECRETARY    OF    THE    COMMONWEALTH. 


"Boston: 

DUTTON  AND  WENTWORTH,  PRINTERS  TO  THE  STATE. 
1845. 


0[^  The  General  Court  of  1845  assembled  in  the  State  House,  in  Boston,  on  Wednesday, 
the  first  day  of  January,  and  was  prorogued  on  Wednesday,  the  twenty-sixth  day  of  March. 

The  oaths  of  office  were  administered  to  His  Excellency,  George  N.  Bhicgs,  on  the  fourth 
day  of  January. 


I 


GENERAL  AND  SPECIAL 


184:5. 


An  Act  concerning  Elections  in  the  City  of  Boston  for  the  present  year.       r'hr/n      1 

BE  it  e7iacted  by  the  Senate  and  House  of  Representa- 
iwes,  in  Geriei'al  Court  assembled^  and  by  the  authority 
of  the  same^  as  follows  : 

Sect.  1.     If  it   shall   appear  by  the   certificate  of  the  when  no  mayor 
mayor  and  aldermen  of  the  city  of  Boston,  made  in  pur-  "?[  >"a.io"ty  of 
suance  of  an  act  passed  on  the  fifth  day  of  June,  in  the  rhosen  in  De- 
year  one  thousand  eight  hundred  and  thirty,  entitled  "  an  ^einber,  the  ai- 
act  providing  in  certain  cases  for  the  election  of  mayor  of  comnion^coun- 
the  city  of  Boston."  that,  at  the  elections  held  in  said  city  seiiors,  chosen 
in  the  month  of  December  last,  no  person  had  a  majority  shaiiTrtanLe 
of  all  the  votes  then  given  for  mayor;  and  if,  upon  exami-  their  respective 
nation,  made  according  to  law,  by  said  mayor  and  alder-  arcremarshaii^ 
men,  it  shall  also  appear  that  a  majority  of  the  aldermen  issue  warrants, 
voted  for  at  said    elections  were   not  chosen,  it  shall  be  ^'^' 
lawful   for   the  members  of  the  board  of  aldermen   then 
elected,  and  who  shall  have  taken  the  oaths  prescribed  by 
law,  and  the  members  of  the  common  council  then  elected, 
and  who  shall  have  taken  the  oaths  prescribed  by  law,  to 
proceed  to  organize  their  respective  boards  in  the  manner 
pointed  out  in  the  first  section  of  the  act  above-mentioned. 
And  the  board  of  aldermen  so  elected  and  organized,  shall 
forthwith  issue  warrants  for  the  election  of  a  mayor  in  the 
manner  provided  in  said  act ;  and  they  shall  also  forthwith 
issue  warrants  for  the  election  of  aldermen  to  fill  the  vacan- 
cies in  their  own  board.     And  the  like  proceedings  shall  be 
had,  as  provided  in  the  said  act,  in  relation  to  the  election 
of  mayor,  until  all  such  vacancies  in  the  board  of  aldermen 
shall  be  filled. 

Sect.  2.     This  act  shall  take  eifect  from  and  after  its  When  to  take 
passage.     [Ajyproved  by  the  Governor^  Jan.  4,  1845.]  *^^^*- 

51 


396 


1845.- 


■Chap.  2—4. 


Chap.  2. 


Persons  incor- 
porated in 
South  Boston 
for  28  years, 


to  insure  fire 
risks  on  the  mu- 
tual principle. 


Chap.  3. 


Persons  incor- 
porated, 


to  manufacture 
cotton  and 
woollen  ffoods 
in  TempTeton. 


Real  estate  not 
to  exceed 
^50,000,  and 
capital  stock 
^100,000. 


Chap.  4. 


An  Act  to  incorporate  the  South  Mutual  Fire  Insurance  Company. 

BE  it  enacted  Inj  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  a?id  by  the  authority  of 
the  same,  as  follows  : 

William  B.  Dorr,  Wilder  Harding,  Caleb  Thurston,  their 
associates  and  successors,  are  hereby  made  a  corporation, 
by  the  name  of  the  South  Mutual  Fire  Insurance  Company, 
in  that  part  of  the  city  of  Boston  called  South  Boston,  in 
the  county  of  Suffolk,  for  the  term  of  fwenty-eight  years, 
for  the  purpose  of  insuring  dwelling-houses  and  other 
buildings,  and  personal  property,  throughout  the  Common- 
wealth, against  loss  by  fire,  with  all  the  powers  and  privi- 
leges, and  subject  to  all  the  duties,  liabilities  and  restric- 
tions, set  forth  in  the  thirty-seventh  and  forty-fourth  chap- 
ters of  the  Revised  Statutes.  [Approved  by  the  Governor, 
Jan.  22,  1845.] 

An  Act  to  incorporate  the  Jones  Manufacturing  Company. 

BE  it  enacted  by  the  Senate  and,  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follorvs  : 

Sect.  1.  Alexander  De  Witt,  Francis  Skinner,  and  Dex- 
ter W.  Jones,  their  associates  and  successors,  are  hereby 
made  a  corporation,  by  the  name  of  the  Jones  Manufactur- 
ing Company,  for  the  purpose  of  manufacturing  cotton  and 
woollen  goods  in  the  town  of  Templeton,  in  the  county  of 
Worcester ;  and  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-eighth  and  forty- 
fourth  chapters  of  the  Revised  Statutes. 

Sect.  2.  The  said  corporation  may  hold,  for  the  purpo- 
ses aforesaid,  real  estate  not  exceeding  the  amount  of  fifty 
thousand  dollars  :  and  the  whole  capital  stock  of  said  cor- 
poration shall  not  exceed  the  amount  of  one  hundred  thou- 
sand dollars.     [Apjjroved  by  the  Governor,  Jan.  22.  1845.] 


Persons  incor- 


An  Act  to  establish  the  Cabot  Bank. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  N.  P.  Ames,  John  Chase,  D.  M.  Bryant,  Robert 
tober^st,'  1851,  Bcuiis,  their  associates  and  successors,  are  hereby  made  a 
as  bankers  in  corporation,  by  the  name  of  the  President,  Directors  and 
Company  of  the  Cabot  Bank,  to  be  established  at  Cabot- 
ville,  in  the  town  of  Springfield,  in  the  county  of  Hamp- 
den, and  shall  so  continue  until  the  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,  re- 
strictions and  liabilities,  set  forth  in  the  public  statutes  of 
this  Commonwealth  relative  to  banks  and  banking. 


1845. Chap.  4—7.  397 

Sect.  2.     The  stock  in  said  bank  shall  be  transferred  f/^*Jg^^°^ 
only  at  its  banking  house  and  in  its  books.  ^ 

Sect.  3.     The  capital  stock  of  said  corporation  shall  con-  Capital  stock 
sist  of  one  hundred  and  fifty  thousand  dollars,  to  be  divided  i,a^ref^'«ioo 
into  shares  of  one  hundred  dollars  each,  and  to  be  paid  in  to  be  paid  as 
such  instalments,  and  at  such  times,  as  the  stockholders  may  may^dii-'ecT  be- 
direct:  jirovided^  the  whole  be  paid  in,  on  or  before  the  first  fore  Jan.  1st, 
day  of  January  next.     [Approved  by  the   Governor,   Jan.  ^^^^■ 
24,  1845.] 

An  Act  to  continue  in  force  An  Act  to  incorporate  the  Mercantile  Wharf  nhnr)     5 

Corporation.  "' 

BE  it  ejiacted  by  the  Senate  and  House  of  Representa- 
tives, in  Genei'al  Court  assembled,  a?id  by  the  authority  of 
the  same,  as  follows  : 

The  act  of  the  year  one  thousand  eight  hundred  and  Corporation 
twenty-six,  incorporating  the  Mercantile  Wharf  Corpora-  june'20ih,  iW.. 
tion,  shall  be  and  remain  in  force  for  the  term  of  thirty 
years  from  the  twentieth  day  of  June,  in  the  year  one 
thousand  eight  hundred  and  forty-six ;  and  the  said  corpo- 
ration shall  be  continued  through  that  term,  with  all  the 
powers  and  privileges,  and  subject  to  all  the  duties,  restric- 
tions and  liabilities,  set  forth  in  the  forty-third  and  forty- 
fourth  chapters  of  the  Revised  Statutes.  [Approved  by  the 
Goveriior,  Jan.  24,  1845.] 

An  Act  to  incorporate  the  Proprietors  of  Leyden  Chapel.  CllCit)    6 

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

Sect.  1.     Henry  Clark,  William  Adams  and  Peter  Har-  Persons  incor- 
vey,  their   associates  and  successors,  are  hereby  made  a  pof^tcd  as  a  re- 

J  J  '  "'  liiTioiis  society 

corporation,  by  the  name  of  "Proprietors  of  Leyden  Chapel,"  in  Boston. 
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  such  real  and  per-  Estate  not  to 
sonal  estate,  not  exceeding  in  value  the  sum  of  thirty  thou-  exceed  jjjo.ooo. 
sand  dollars  in  the  aggregate,  as  may  be  necessary  for  the 
erection  of  a  chapel  for  public  worship  in  the  city  of  Boston. 

Sect.  3.     This  act  shall  take  effect  from  and  after  its  Whentotak-o 
passage.     [Approved  ly  the  Governor,  Jan.  24,  1845.]  *''^*^^'- 

An  Act  to  incorporate  the  Lynn  Natural  History  Society. 

BE  it  enacted  by  tJie  Senate  and  House  of  Representa-  ^'^"P*   '• 
tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Benjamin  F.  Mudge,  his  associates  and  successors,  are  Persons  incor- 
hereby  made  a  corporation,  by  the  name  of  the  Lynn  Nat-  pora'c*!. 
ural  History  Society,  for  the  purpose  of  encouraging  and 


398 


1845.- 


-Chap.  7—8. 


Estate  not  to 
exceed  ^20,000. 


Chap,  8. 


Persons  incor- 
porated. 


Location  of  tlie 
road. 


Capital  stock 
not  to  exceed 
^500,000,  in 
shares  of  ^100. 


Investment. 


Time  for  loca- 
tion and  com- 
pletion of  road. 


advancing  the  study  of  Natural  History,  with  all  the  pow- 
ers and  privileges,  and  subject  to  all  the  liabihties,  contained 
in  the  forty-fourth  chapter  of  the  Revised  Statutes  of  this 
Commonwealth,  and,  for  the  purpose  aforesaid,  may  hold 
real  and  personal  estate  to  an  amount  not  exceeding  twenty 
thousand  dollars.  {Approved  by  the  Governor^  Jan.  24, 
1845.] 

An  Act  to  incorporate  the  Greenfield  and  Northampton  Rail-road  Company. 

BH  it  enacted  hy  the  Senate  and  House  of  Re})resenta- 
tives,  in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  Henry  W.  Clapp,  Ralph  Williams,  Henry  W. 
Cushman,  their  associates,  successors  and  assigns,  are  here- 
by made  a  corporation,  by  the  name  of  the  Greenfield  and 
iNorthampton  Rail-road  Company,  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  thirty-ninth  chapter  of  said 
Statutes  relating  to  Rail-road  Corporations,  and  in  all  other 
statutes  subsequently  passed,  relating  to  Rail-road  Corpo- 
rations. 

Sect.  2.  The  said  corporation  is  hereby  empowered  and 
authorized  to  locate,  construct,  and  fully  complete  a  rail-road 
with  one  or  more  tracks,  from  some  convenient  point  on 
the  location  of  the  Northampton  and  Springfield  Rail-road, 
at  or  near  the  terminus  of  said  rail-road  in  the  town  of 
Northampton,  northward,  across  the  canal  of  the  New 
Haven  and  Northampton  Company  in  said  Northampton, 
passing  near  the  bend  in  Connecticut  River,  thence  through 
the  westerly  part  of  the  town  of  Hatfield  and  the  easterly 
part  of  the  town  of  Whately,  near  the  villages  of  South 
Deerfield  and  Deorfield,  crossing  Deerfield  River  at  Cheap- 
side  in  said  Deerfield,  and  terminating  at  some  convenient 
point  in  or  near  the  village  of  Greenfield  aforesaid. 

Sect.  3.  The  capital  stock  of  said  corporation  shall  con- 
sist of  not  more  than  five  thousand  shares,  the  number  of 
which  shall  be  determined  from  time  to  time,  by  the  direct- 
ors of  said  corporation,  and  no  assessment  shall  be  laid 
thereon  of  a  greater  amount,  in  the  whole,  than  an  hun- 
dred dollars  on  each  share.  And  said  corporation  may 
invest  and  hold  such  part  thereof,  in  real  and  personal  es- 
tate, as  may  be  necessary  and  convenient  for  the  purposes 
of  their  incorporation. 

Sect.  4.  If  the  said  corporation  be  not  organized,  and 
the  location  of  that  part  of  its  road  within  the  county  of 
Hampshire,  filed  with  the  commissioners  of  that  county, 
and  the  location  of  that  part  of  its  said  road  within  the 
county  of  Franklin,  filed  with  the  commissioners  of  that 
county,  within  two  years  from  the  passage  of  this  act;  or 


1845. Chap.  8.  399 

if  the  said  road  be  not  completed  within  four  years  from 
the  passage  of  this  act,  then  the  same  shall  be  void. 

Sect.  5.     The  said  corporation  is  hereby  authorized  to  May  enter  upon 
enter  with  its  rail-road,  bv  proper  turn-outs  and  switches,  ^"^  "^^^  ^^^ 

.  ■    J.       r     ^        -\T  'Jri         ^    c-^      ■        ^iiT-.-i  1     Northampton 

at  a  point  ot  the  iNorthampton  and  bprmgneld  Kail-road,  and  Springtieid 
near  the  depot  of  the  said  Northampton  and  Springfield  ^J^'J"^^' '^''°' 
Rail-road,    in    the  town  of  Northampton,   paying  for  ihe  ^  '^  ' 
right  to  use  the  same,  such  a  rate  of  tolls,  as  the   Legis- 
lature may,  from  time  to  time,  prescribe,  and  complying 
with  such  reasonable  rules  and  regulations  as  may  be  estab- 
lished by  said  Northampton  and  Springfield  Rail-road  Cor- 
poration.    Provided,  liorvever^  that  the  said  Greenfield  and 
Northampton  Rail-road  Company  shall  not  enter  upon  said 
Northampton  and  Springfield   Rail-road,  Avith  any  motive 
power,  unless  the  Northampton  and  Springfield  Rail-road 
Corporation  shall  refuse  or  neglect  to  draw  over  its  road, 
the  cars  of  the  Greenfield  and  Northampton  Rail-road  Com- 
pany, upon  such  terms  and  conditions  as  may,  from  time  to 
time,  be  prescribed  by  the  Legislature. 

Sect.  6.     The  Legislature  may,  after  the  expiration  of '^''c Legislature 
five  years  from  the  time  when  the  said  rail-road  shall  be  "iis  and"profits 
opened  for  use,  from  time  to  time,  reduce  the  rate  of  tolls  after  five  years ; 
or  other  profits  upon  said  road.     But  the  tolls  shall  ,iot,  ^'"''™'^''' *"=• 
without  the  consent  of  said  corporation,  be  so  reduced  as 
to  produce,  with  said  profits,  less  than  ten  per  cent,  per 
annum. 

Sect.  7.     The  Legislature  may  authorize  any  company  The  Legislature 
to  enter  with  another  rail-road  at  any  point  of  said  Green-  ^"'^^  authorize 
nela  and  Northampton  Rail-roao,  and  to  use  the  same,  pay-  other  company. 
ing  therefor  such  a  rate  of  toll  or  compensation  as  the  I-e- 
gisiature  may,  from  time  to  time,  prescribe,  complying  with 
such  reasonable  rules  and  regulations  as  shall  be  established 
by  said  Greenfield  and  Northampton   Rail-road  Company. 
Provided.    hniL-ever,   that   no   other  corporation    shall   enter  Provided,  &i,c. 
upon  said  Greenfield  and  Northampton  Rail-road,  with  any 
motive  power,  unless  the  said  Greenfield  and  Northampton 
Rail-road  Company  shall  neglect  or  refuse  to  draw  over  its 
road,  or  any  part  thereof,  the  cars  of  any  other  rail-road 
company,  which  may  be  authorized  to  enter  with  its  rail- 
road, upon  said  Greenfield  and  Northampton  Rail-road. 

Sect.  8.     The   said   Greenfield  and  Northampton   Rail- M<iy  i^c  united 
road  Company,  and  the  Northampton  and  Springfield  Rail-  amJtoJTanr''" 
road  Corporation,  are  hereby  authorized  to  unite  in  such  a  Springfield 
manner,  and  on  such  terms  as  the  respective  corporations  J^a^fv.'^''^''  ^°"' 
may  agree;  and  when  the  said  corporations  have  so  united, 
they  shall  become  one  corporation,  by  the  name  of  the  Con- 
necticut River  Rail-road  Company ;  and  all  the  franchises, 
property,  privileges,  duties  and  liabilities,  granted,  acquired, 
or  incurred  under  the  authority  of  the  charters  of  said  cor- 
porations, shall  be  held,  enjoyed  and  performed  by  the  said 


400 


1845.- 


■Chap.  8—11. 


Provided,  <Si.c. 


When  to  take 
eifect. 


Connecticut  River  Rail-road  Company :  provided,  however, 
that  no  such  union  shall  take  place,  without  a  vote  of  two 
thirds  of  the  legal  votes  of  the  said  Greenfield  and  North- 
ampton Rail-road  Company,  and  also  of  the  said  North- 
ampton and  Springfield  Rail-road  Corporation. 

Sect.  9.     This  act  shall  take  effect  from  and  after  its 
passage.     [A23proved  by  the  Governor,  Jan.  25,  1845.] 


Chap.  9. 


Persons  incor- 
porated. 


An  Act  to  incorporate  the  Proprietors  of  the  Winchendon  Academy. 

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

Ephraim  Murdock,  Ephraim  Murdock,  Jr.,  Elisha  Mur- 
dock,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Winchendon  Academy,  to 
be  established  in  the  town  of  Winchendon,  in  the  county  of 
Worcester,  with  all  the  powers  and  privileges,  and  subject 
to  all  the  restrictions  and  liabilities,,  set  forth  in  the  forty- 
fourth  chapter  of  the  Revised  Statutes,  with  power  to  hold 
real  and  personal  estate  to  an  amount  not  exceeding  ten 
exceed  ^10,000.  thousand  dollars,  to  be  devoted  exclusively  to  the  purposes 
of  education.     [Approved  by  the  Governor,  Jan.  25,  1845.] 


Estate  not  to 


Chap.  10. 


Persons  incor- 
porated. 


To  manufacture 
machinery,  cot- 
ton, iron,  and 
wool  in  Lowell. 


Real  estate  not 
to  exceed 
^200,000,  and 
capital  stock 
^500,000. 


An  Act  to  incorporate  the  Lowell  Machine  Shop. 

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

Sect.  1.  Abbott  Lawrence,  Nathan  Appleton  and  John 
A.  Lowell,  their  associates  and  successors,  are  hereby  made 
a  corporation,  by  the  name  of  the  Lowell  Machine  Shop, 
for  the  purpose  of  making  machinery  and  manufacturing 
cotton,  iron,  and  wool,  in  the  city  of  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  purposes 
aforesaid,  real  estate  to  the  amount  of  two  hundred  thou- 
sand dollars,  and  the  whole  capital  stock  of  the  said  corpo- 
ration shall  not  exceed  the  amount  of  five  hundred  thousand 
dollars.     [Approved  by  the  Governor,  Jan.  29,  1845.] 


Chap.  11. 


Persons  incor- 
porated. 


An  Act  to  incorporate  the  Massasoit  Steam  Mill  Company, 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  Nathan  Durfee,  Joseph  Durfee,  their  associates 
and  successors,  are  hereby  made  a  corporation,  by  the  name 
of  the  Massasoit  Steam  Mill  Company,   for  the  purpose  of 


1845. Chap.  11—15.  401 

manufacturinsr  cotton  goods  in  the  town  of  Fall  River,  in  To  manufacture 

*-'  ^  cotton  ffoods  ui 

the  county  of  Bristol ;  and  for  this  purpose  shall  have  all  Fall  River, 
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  Real  estate  not 
aforesaid,  real  estate  to  the  amount  of  one  hundred  thou-  ^ioo^too,  and 
sand  dollars,  and  the  whole  capital  stock  of  said  corpora-  capital  stock 
tion  shall  not  exceed  the  amount  of  three  hundred  thousand  *     '     ' 
dollars.     [App?'oved  by  the  Governor^  Jan.  29,  1845.] 

An  Act  in  addition  to  an  Act  incorporating  the  Revere  Copper  Company.       Q\iO/n.   12. 

B^  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

The  Revere  Copper  Company  are  hereby  empowered  to  Capital  stock 
increase  their  capital   stock  to  the  sum  of   five  hundred  ff5oo,TOO,"and*° 

thousand  dollars,  and  to  hold,  for  the  use  of  said  corpora-  real  estate  to 

CI  on  000 
tion,  real  estate,  in  the  harbor  of  Boston,  to  an  amount  not  *     '     " 

exceeding  one  hundred  thousand  dollars.     [Approved  by  the 

Governor,  Jan.  29,  1845.] 

An  Act  to  increase  the  capital  stock  of  the  Perkins  Mills.  CflOV'   13. 

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

The  Perkins  Mills  are  hereby  authorized  to  increase  their  Capital  stock 

1111  ■  \-  t  1^1  X  niay  be  increas- 

capital  stock,  by  the  creation  of  such  number  of  shares,  not  ed  by  so  shares 
exceeding  fifty  of  one  thousand  dollars  each,  as  the  said  °f  ^looo. 
corporation  may  require  for  the  convenient  management  of 
their  business.     [Approved  by  the  Governor,  Jan.  29,  1845.] 

An  Act  establishing  the  salary  of  the  District  Attorney  for  the  Southern  (JJiqj),   14. 
District  of  this  Commonwealth.  ^' 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  Geiieral  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

From  and  after  the  first  day  of  April,   in  the  year  one  |aW  to  be 
thousand  eight  hundred  and  forty-five,  the  district  attorney  LmAprin,  ^ 
for  the  Southern   District  of  this  Commonwealth  shall  re-  '845. 
ceive  a  salary  of  one  thousand  dollars  a  year,  to  be  paid  to 
him  out  of  the  treasury  of  this  Commonwealth,  in  equal 
quarterly  payments,  in  full  for  all  services  rendered  by  him. 
[Approved  by  the  Governor,  Jan.  29,  1845,] 

An  Act  to  incorporate  the  Parker  Mills.  ChttV.   1 5. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,   and  by  the  authority  of 
the  same,  as  follows,  viz  : 
Sect.  1.      John  A.   Parker,    Benjamin    Rodman,    and  ^^;^°"j '°*'°^" 
52 


402 


1845.- 


-Chap.  15—17. 


to  manufacture 
iron,  &c.,  cotton 
and  wool,  in 
Wareham. 


Estate  not  to 
exceed 

^150,000,  and 
capital  stock 

poo,ooo. 


Thomas  J.  Coggeshall,  their  associates  and  successors,  are 
hereby  made  a  corporation,  by  the  name  of  the  Parker 
Mills,  for  the  purpose  of  manufacturing  iron,  zinc,  copper, 
lead,  cotton,  and  wool,  in  the  town  of  Wareham,  in  the 
county  of  Plymouth  ;  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  purposes 
aforesaid,  real  estate  to  the  amount  of  one  hundred  and 
fifty  thousand  dollars  ;  and  the  whole  capital  stock  of  said 
corporation  shall  not  exceed  the  amount  of  three  hundred 
thousand  dollars.  [Appi^oved  by  the  Governor,  Jan.  29, 
1845.] 


Chap. 


May  manufac- 
ture cotton  yam 
and  cloth,  and 
print  cotton. 

Estate  not  to 
exceed 

;^500,000,  and 
capital  stock 
g  1,000,000. 


1g    An  Act  in  addition  to  an  Act  entitled  An  Act  to  establish  the  Fall  River  Iron 

Works  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows  : 

Sect.  1.  The  Fall  River  Iron  Works  Company  is  here- 
by authorized  to  manufacture  cotton  yarn  and  cloth,  and 
to  print  cotton  cloths. 

Sect.  2.  Said  corporation,  for  the  purposes  aforesaid, 
may  hold  real  estate  to  the  amount  of  five  hundred  thou- 
sand dollars,  and  the  whole  capital  stock  shall  not  exceed 
one  million  of  dollars.  [A2)j)roved  by  the  Governor,  Jan. 
29,  1845.] 


Chap.  17. 


An  Act  concerning  Mutual  Fire  Insurance  Companies. 


Policies  create 
a  lien  on  the 
personal  prop- 
erty insured,  to 
secure  deposit 
notes,  &c. 


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

Every  policy  made  by  any  Mutual  Fire  Insurance  Com- 
pany shall,  of  itself,  create  a  lien  on  the  interest  of  any  per- 
son insured,  in  any  personal  property  thereby  insured,  for 
the  securing  the  payment  of  his  deposit  note,  and  of  any 
sums  for  which  he  may  be  assessed  in  consequence  of  ef- 
Provided,&.c.  fecting  such -poMcy  :  provided,  the  extent  of  such  liability, 
and  the  intention  of  such  corporation  to  rely  upon  such 
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, 
Jan.  29,  1845.] 


1845. Chap.  18—20.  403 

An  Act  to  incorporate  the  Essex  Hosiery  Company.  ChCLf),   18. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, 1)1  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 

Sect.  1.     Joel  Woodbury,  Henry  H.  Fuller,   John  Earl,  ^^'/^^^  '"'''°'- 
Jr.,  their  associates  and  successors,  are  hereby  made  a  cor- 
poration, by  the  name  of  the  Essex  Hosiery  Company,  for 
the  purpose  of  manufacturing  cotton  and  woollen,  and  other  to  manufacture 
goods  in  the  towns  of  Danvers  and  Lynnfield,  in  the  county  DanveVs  ^d" 
of  Essex ;  and  for  this  purpose  shall  have  all  the  powers  Lynnfield. 
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  purpo-  ^^^^^g^^j'®  °°' 
ses  aforesaid,   real   estate  to  the  amount  of  one  hundred  gido,ooo,  and 
thousand  dollars ;   and  the  whole  capital  stock  shall  not  i3Pno^Q(^°*^^ 
exceed   the   amount   of   three   hundred    thousand   dollars.  ^     ' 
[^Approved  by  the  Governor,  Jan.  29,  1845.] 

An  Act  in  addition  to  an  Act  to  incorporate  the  Clinton  Company.  ChcLV'    19« 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  sam,e,  as  follows  : 

Sect.  1.     The   Clinton   Company,    incorporated   on  the  Capital  stock 

.,,,  /-HT         1-         I  ^i  ^1-11  ™ay  amount  to 

eighth  day  ot  March,  m  the  year  one  thousand  eight  hun-  poo,ooo,  and 
dred   and  thirty-eight,  are  hereby  authorized  to  increase  ^^^^q^^^^J'^  ^<* 
their  capital  to  three  hundred  thousand  dollars,  with  liberty        ' 
to  hold  real  estate  to  the  amount  of  one  hundred  thousand 
dollars. 

Sect.  2.     The  said  Clinton  Company  are  hereby  author-  Franchise  njay 

1    ,  •         iU    •  i.      r  1  •         •        ii         i  r  be  exercised  m 

ized  to  exercise  their  corporate  iranchise  in  the   town  oi  Boyiston  and 
Boylston,  as  well  as  in  the  town  of  Lancaster.  Lancaster. 

Sect.  3.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  Jan.  29,  1845.] 


effect. 


An  Act  to  incorporate  the  Boston  Steam  Flour  Mill  Company.  CJldV'  20. 

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

Sect.  1.     Henry  F.  Baker,   John  L.  Dimmock,  William  Persons  incor- 
Bartlett,   Jr.,  their   associates  and  successors,  are  hereby  ^°'^^^^  ' 
made  a  corporation,  by  the  name  of  the  Boston  Steam  Flour 
Mill  Company,  for  the  purpose  of  manufacturing  flour  in  to  manufacture 
that  part  of  the  city  of  Boston  called  East  Boston,  in  the  lo^ton.^^'' 
county  of  Suffolk  :   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-eighth  and 
forty-fourth  chapters  of  the  Revised  Statutes. 

Sect.  2.     Said  corporation  may  hold,  for  the  purposes  Real  estate  not 
aforesaid,  real  estate  to  the  amount  of  fifty  thousand  del-  gsom'^ana 


404  1 846. Chap.  20—23. 

capital  stock      Jars,  and  the  whole  capital  stock  of  said  corporation  shall 
^250,000.         ^^^  exceed  the  sum  of  two  hundred  and  fifty  thousand  dol- 
lars.    [Approved  by  the  Governor,  Jan.  30,  1845.] 

Chnn    21     "^^  -^*^^  giving  further  titae  to  the  President,  Directors  and  Company  of  the 
iynup.  «6.l.  Bank  of  Norfolk  to  close  their  concerns. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 

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

the  same,  as  follows : 

Incorporation         The  President,  Directors  and  Company  of  the  Bank  of 

A'rim''i846    Norfolk  are  hereby  continued  a  body  corporate  for  the  pe- 

'  riod  of  one  year  from   the  twenty-fourth  day  of  April,  in 

the  year  one  thousand  eight  hundred  and  forty-five,  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.     [Appj^oved  by  the  Governor,  Jan. 

30,  1845.] 


An  Act  authorizing  the  appointment  of  an  additional  Master  in  Chancery  in 
the  county  of  Middlesex. 

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

Five  masters  in  Sect.  1.  His  exccllency  the  governor,  by  and  with  the 
advice  and  consent  of  the  council,  is  hereby  authorized  to 
appoint  an  additional  master  in  chancery  in  and  for  the 
county  of  Middlesex,  and  the  number  of  masters  in  chan- 
cery for  said  county  shall  hereafter  be  five. 

When  to  take  Sect.  2.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  Jan.  30,  1845.] 


Chap.  22. 


Middlesex. 


effect. 


Ohnrt    2S  -^^  -^^"^  ^^  incorporate  the  Dighton  Mutual  Fire  Insurance  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assem,bled,  and  by  the  authority  of 
the  same,  as  folloics : 
Persons  incor-  Scth  Talbot,  Authouy  Reed,  Anthony  Shove,  their  asso- 
^°r^firl  risks  in  ciatcs  and  successors,  are  hereby  made  a  corporation,  by  the 
Dighton  for  28  name  of  the  Dighton  Mutual  Fire  Insurance  Company,  in 
years  on  the      ^|^g  towu  of  Dishton,  in  the  couuty  of  Bristol,  for  the  term 

mutual  princi-  „  .,~  r.i  r  ■  •  in- 

pie.  of  twenty-eight  years,  for  the  purpose  of  msurmg  dwelhng 

houses,  and  other  buildings  and  personal  property  throughout 
the  Commonwealth,  against  loss  by  fire;  with  all  the  powers 
and  privileges,  and  subject  to  all  the  duties,  liabilities  and 
restrictions,  set  forth  in  the  thirty-seventh  and  forty-fourth 
chapters  of  the  Revised  Statutes.  [Approved  by  the  Gov- 
ernor, Jan.  30,  1845. J 


1846. Chap.  24—26.  405 

An  Act  giving  further  time  to  the  President,  Directors  and  Company  of  the   QfiQn.  24. 
American  Bank  to  close  their  concerns.  "' 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 

The  president,  directors  and  company  of  the  American  incorporation 
Bank  are  hereby  continued  a  body  corporate  for  the  period  p°"b"i8^*i847 
of  two  years  from  the  eighteenth  day  of  February,  in  the       '    ' 
year  one  thousand  eight  hundred  and  forty-five,  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.     [Approved  by  the  Governor,  Jan.  30, 
1845.] 


An  Act  to  render  valid  certain  doings  of  the  Traders  Bank  in  Boston.         Chfirt    9t 
BE  it  enacted  by  the  Senate  and  House  of  Rej)resenta- 
tivcs,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 

The  elections  made  and  other  proceedings  had  at  a  meet-  Confirmation  of 
ing  of  the  stockholders  of  the  Traders  Bank,  in  Boston,  on  {5ct''3crT844 
the  thirtieth  day  of  October,  in  the  year  one  thousand  eight       "    ' 
hundred  and  forty-four,  are  hereby  declared  valid,  in  the 
same  manner  as  they  would  have  been  had  said  meeting 
been  notified  according  to  law.     [Appj^oved  by  the  Governor, 
Jan.  30,  1845.] 

An  Act  in  addition  to  "  An  Act  to  incorporate  the  Proprietors  of  the  Second  /^/»//yj    <Df\ 
Congregational  Meeting-house  in  Nantucket."  l^nujJ.  Z.O. 

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

Sect.  1.     The  third  section  of  •'  An  Act  to  incorporate  the  Assessments 
Proprietors  of  the  Second  Congregational  Meeting-house  in  tTbeSeu^on 
Nantucket,"  passed  the  fourteenth  day  of  June,  in  the  year  a  valuation, &c. 
one  thousand  eight  hundred  and  ten,  is  hereby  so  altered 
and  amended,  that  all  assessments  which  may  hereafter  be 
made  by  said  proprietors  upon  the  pews  and  seats  of  their 
meeting-house,  shall  be  upon  a  valuation  of  said  pews  and 
seats,  made  by  a  committee  appointed  at  a  meeting  held 
September  twenty-eighth,  in  tiie  year  one  thousand  eight 
hundred  and  forty-four,  said  valuation  to  be  recorded  upon 
the  records  of  the  society. 

Sect.  2.     All  provisions  of  the  act  to  which  this  is  an  Repeal  of  in- 
addition,  inconsistent  with  this  act,  are  hereby  repealed.         vi's'ions^"  ^^°' 

Sect.  3.     This  act  shall  take  effect  from  and  after  its  when  to  take 
passage.     [Approved  by  the  Governor,  Jan.  31,  1845.]  ^^^^1. 


406 


1846.- 


-Chap.  27—29. 


Chap.  27. 


Unlawful  at- 
tempts, &c. 
when  proving 
fatal,  to  be  ac- 
counted felon}', 
and  punished  by 
confinement  in 
the  state  prison. 


Not  proving  fa- 
tal, to  be  ac- 
counted misde- 
meanor, and 
punished  by 
imprisonment, 
&c.  and  by  fine 
not  exceeding 
^2000. 


Chap.  28. 


Larceny,  &c. 
to  be  punished 
by  imprison- 
ment, &c.,  or 
by  fine  and  im- 
prisonment, &c. 


Chap.  29. 


Persons  incor- 
porated. 


An  Act  to  punish  unlawful  attempts  to  cause  Abortion. 

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

Whoever,  maliciously  or  without  lawful  justification,  with 
intent  to  cause  and  procure  the  miscarriage  of  a  woman 
then  pregnant  with  child,  shall  administer  to  her,  prescribe 
for  her,  or  advise  or  direct  her  to  take  or  swallow,  any  poi- 
son, drug,  medicine  or  noxious  thing,  or  shall  cause  or  pro- 
cure her  with  like  intent,  to  take  or  swallow  any  poison, 
drug,  medicine  or  noxious  thing;  and  whoever  maliciously 
and  without  lawful  justification,  shall  use  any  instrument 
or  means  whatever  with  the  like  intent,  and  every  person, 
with  the  like  intent,  knowingly  aiding  and  assisting  such 
offender  or  offenders,  shall  be  deemed  guilty  of  felony,  if 
the  woman  die  in  consequence  thereof,  and  shall  be  impris- 
oned not  more  than  twenty  years,  nor  less  than  five  years 
in  tue  >State  Prison;  and  if  the  woman  doth  not  die  in  con- 
sequence thereof,  such  offender  shall  be  guilty  of  a  misde- 
meanor, and  shall  be  punished  by  imprisonment  not  ex- 
ceeding seven  years,  nor  less  than  one  year,  in  the  state 
prison  or  house  of  correction,  or  common  jail,  and  by  fine 
not  exceeding  two  thousand  dollars.  [Apjyroved  by  the 
Governor.  Jan.  31,  1^45.] 

An  Act  to  punish  Larceny  in  shops  and  other  places  in  the  night  time. 

BE  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows: 

Every  person  who  shall  feloniously  steal,  take  and  carry 
away  the  money,  goods,  chattels  or  property  of  another,  in 
the  night  time,  in  any  office,  bank,  shop  or  warehouse,  ship 
or  vessel,  shall  be  punished  by  solitary  imprisonment  in  the 
state  prison  or  house  of  correction,  not  exceeding  five  days, 
and  by  confinement  afterwards  to  hard  labor,  not  exceed- 
ing five  years,  or  by  fine  not  exceeding  three  hundred  dol- 
lars, and  imprisonment  in  the  common  jail  not  exceeding 
two  years.     [Ajyproved  by  the  Governor,  Jan.  31,  1845. j 

An  Act  to  incorporate  the  Hampshire  and  Franklin  Rail-road  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  avthority  of 
the  same,  as  follows  : 

Sect.  1.  Timothy  J.  Gridley,  Luke  Sweetser,  Parsons 
West,  and  their  associates  and  successors,  are  hereby  made 
a  corporation,  by  the  name  of  the  Hampshire  and  Franklin 
Rail-road  Company,  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, 


1846. Chap.  29.  407 

and  ill  that  part  of  the  thirty-ninth  chapter  of  said  stat- 
utes relating  to  rail-road  corporations,  and  in  all  other 
general  laws  subsequently  passed  relating  to  rail-road  cor- 
porations. 

Sect.  2.  Said  corporation  is  hereby  empowered  and  location  of 
authorized  to  locate,  construct  and  fully  complete  a  rail- 
road, with  one  or  more  tracks,  from  some  convenient  point  ' 
in  the  village  of  Hockanum,  or  Holyoke,  in  the  town  of 
Hadley,  in  the  county  of  Hampshire,  passing  through  the 
towns  of  Hadley,  Amherst  and  Sunderland,  to  some  conve- 
nient point  upon  the  Vermont  and  Massachusetts  Rail-road, 
in  either  of  the  towns  of  Montague  or  Erving,  in  the  county 
of  Franklin. 

Sect.  3.     The  capital  stock  of  said  corporation  shall  con-  Capital  not  to 
sist  of  not  more  than  six  thousand  shares,  the  number  of  s^sw^ooo  in 
which  shall,  from  time  to  time,  be  determined  by  the  direc-  shares  of  ^loo. 
tors  of  said  corporation,  and  no  assessment  shall  be  laid 
thereon  of  a  greater  amount  in  the  whole,  than  one  hundred 
dollars  on  each  share  ;  and  said  corporation  may  invest  and  investment, 
hold  such  part  thereof,  in  real  and  personal  estate,  as  may 
be  necessary  and  convenient  for  the  purposes  of  their  incor- 
poration. 

Sect.  4,  If  said  corporation  be  not  organized,  and  that  Time  for  locat- 
part  of  the  location  of  its  road  within  the  county  of  Hamp-  pifthfJ*theK)ad 
shire  be  not  filed  with  the  county  commissioners  in  that 
county,  gaid  the  location  of  tiiat  part  of  its  road  within  the 
county  of  Franklin  be  not  filed  with  the  county  commis- 
sioners of  that  county,  within  two  years  from  the  passage 
of  this  act ;  or  if  said  road  be  not  completed  within  four 
years  from  the  passage  of  this  act,  then  the  same  shall  be 
void. 

Sect.  5.     Said  corporation  is  hereby  authorized  to  enter  May  enter  upon 
upon  and  unite  their  rail-road,   by  proper  turn-outs  and  y '^  "^^ ''^^  . 
switches,  with  the  Vermont  and  Massachusetts  Rail-road,  Massachusetts 
at  any  convenient  point  in  either  of  the  towns  of  Montague  i^ai'-road. 
or  Erving,  and  use  the  same  or  any  part  thereof,  paying 
therefor  such  a  rate  of  toll  or  compensation,  as  the  legisla- 
ture may  from  time  to  time,  prescribe,  or  that  may  be  fixed 
by  any  general  law  of  the  Commonwealth,  and  complying 
with  the  rules  and  regulations  which  may  be  established  by 
said  Vermont  and  Massachusetts  Rail-road  Company :  pro-  Provided,  &o. 
vided  however,   that   said   corporation,  hereby  established, 
shall  not  enter  upon  said  Vermont  and  Massachusetts  Rail- 
road with  any  motive  power,  unless  said  Vermont  and  Mas- 
sachusetts Rail-road  Company  shall   refuse  to  draw  over 
their  road,  or  any  part  thereof,  the  cars  of  the  corporation 
hereby  established  :  and  provided  further,  that  said  corpo- 
ration shall  not  be  at  liberty,   against  the  consent  of  said 
Vermont  and  Massaclmsetts  Rail-road  Company,  to  so  enter 


408  1846.— Chap.  29. 

upon  said  Vermont  and  Massachusetts  Rail-road  as  to  in- 
terfere with  their  depot  buildings. 
May  enter  upon      Sect.  6.     Said  Hampshire  and  Franklin  Rail-road  Com- 
Northlmpton      pauy  may   also  enter  upon  and  unite  their  rail-road,  by 
and  Springfield  proper  tumouts  and  switches,  with  the  Northampton  and 
Raii-road.         Springfield  Rail-road,  at  some  convenient  place  within  the 
village  of  Hockanum,  or  Holyoke,  in  the  town  of  Hadley, 
if  said  Northampton  and  Springfield  Rail-road  shall  be  con- 
structed   to  said  village,  and  use  said  Northampton  and 
Springfield  road,  or  any  part  thereof,  paying  for  the  same 
such  a  rate  of  toll  or  compensation  as  the  Legislature  may, 
from  time  to  time,  prescribe,  or  that  may  be  fixed  by  any 
general  law  of  this  Commonwealth,  and  complying  with 
the  rules  and  regulations  which  may  be  established  by  said 
Northampton  and  Springfield  Rail-road  Corporation  :    "pro- 
Provided,  Sec.    vicled,  lioivever,  that  said  Hampshire  and  Franklin  Rail-road 
Company   shall   not   enter    upon   said    Northampton   and 
Springfield  Rail-road  with  any  motive  power,   unless  said 
Northampton  and  Springfield  Rail-road  Corporation  shall 
refuse  to  draw  over  their  .road,  or  any  part  thereof,  the  cars 
of  said  Hampshire  and  Franklin  Rail-road  Company  :  and 
provided  further,   that  said  company  shall  not  enter  with 
their  rail-road,    upon   the  road  of  said  Northampton  and 
Springfield  Rail-road  Corporation,  against  their  consent,  so 
as  to  interfere  with  their  depot  buildings. 
The  Leg-siature      Sect.  7.    The  Legislature  may  authorize  any  company  to 
itruse'by°any     enter  with  another  rail-road  upon,  and  use  the  said  Hamp- 
other  company,  shire  and  Franklin  Rail-road,   or  any  part  thereof,  paying 
therefor  such  a  rate  of  toll  or  compensation,  as  the  Legisla- 
ture  may,   from  time  to  time    prescribe,   complying  with 
such    rules   and   regulations  as   the   said    Hampshire  and 
Franklin   Rail-road    Company   may    prescribe  :     provided 
Provided,  &,c.    howevcr,  that  no  other  corporation  shall  enter  upon  said 
Hampshire  and  Franklin  Rail -road,  with  any  motive  pow- 
er, unless  said   Hampshire  and  Franklin  Rail-road  Com- 
pany shall  neglect  or  refuse  to  draw  over  its  road,  or  any 
part  thereof,  the  cars  of  any  other  rail-road  company  which 
may  be  authorized  to  enter  with  its  road  upon  the  road 
hereby  established. 
The  Legislature      Sect.  8.     The  Legislature  may,  after  the  expiration  of 
S after^fi ve^^  fivc  years  from  the  time  when  the  road  of  said  Hampshire 
years.  and  Franklin  Rail-road  Company  shall  be  opened  for  use, 

from  time  to  time,  alter  and  reduce  the  rate  of  toll  or  profits 
Provided,  Si,c.  upou  said  road :  but  said  tolls  shall  not,  without  the  con- 
sent of  said  corporation,  be  so  reduced  as  to  produce,  with 
said  profits,  less  than  ten  per  cent,  per  annum. 
When  to  take  Sect.  9.  This  act  shall  take  effect  from  and  after  its 
passage.     [App?'oved  by  the  Governor,  Feb.  1,  1845.] 


1 845. Chap.  30—31 .  409 

An  Act  to  incorporate  the  Equitable  Marine  Insurance  Company.  Chup.  30. 

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

Sect.   1,     Daniel  Small,  C.  U.  Grozier,  David  Brown,  Persons  incor- 
Jr.,  their  associates  and  successors,  are  hereby  made  a  cor-  poJ'ated, 
poration,  for  the  term  of  twenty  years,  by  the  name  of  the 
Equitable  Marine  Insurance  Company,  to  be  established  in 
the  town  of  Provincetown,  in  the  county  of  Barnstable,  for 
the  purpose  of  making  maritime  loans  and  insurance  against  t?  insure  ma- 
maritime  losses  on  the  mutual  principle,  with  all  the  pow-  Pro^ncetow 
ers  and  privileges,  and  subject  to  all  the  duties,  liabilities  for  20  years,  on 
and  restrictions,  set  forth  in  the  thirty-seventh  and  forty-  c^pi^""^"^'  ^'''"' 
fourth  chapters  of  the  Revised  Statutes,  so  far  as  the  same 
are  applicable  to  the  corporation  hereby  created. 

Sect.  2.     No  policy  of  insurance  shall  be  issued  by  said  No  policy  to  be 
company,  until  a  fund  of  fifty  thousand  dollars  in  cash  'Jso^^o'have 
shall  have  been  paid  in  for  the  protection  of  the  assured,  been  paid  in 
and  invested  as  by  law  required  of  other  insurance  compa-  ^^  invested, 
nies  incorporated  in  this  Commonwealth. 

Sect.  3.     The  said  company  may  pay  semi-annually  the  Legal  interest 
legal  interest  on  the  aforesaid  fund,  and  may  pay  the  prin-  p°ineipai1[ft"r*^ 
cipal  of  the  fund,  whenever  their  net  profits  shall  amount  the  investment 
to  the  sum  of  fifty  thousand  dollars,  and  the  same  shall  of^^50,ooo  pro- 
have  been  invested  according  to  law  as  aforesaid;  and  no  no further di- 
further  division  of  the  net  profits,  or  funds  of  the  company  vision  to  take 
shall  be  made,  without  leaving  at  least  fifty  thousand  dol-  Sess^ove?"'^ 
lars  invested  as  aforesaid,  until  the  expiration  of  this  act.     ^50,000. 

Sect.  4.     The  guarantee  capital,  provided  for  in  this  act,  Guaranty capi- 
shall  be  in  addition  to  any  resources  which  can  be  converted  tai  independent 

*'  01  rcsourc6S 

into  premiums.     [Approved  by  the  Governor,  Feb.  10,  1845.]  convertible  into. 

premiums. 

An  Act  concerning  the  Central  Bridge  Corporation.  ChctV.  31 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives,  in  General  Court  assembled,  a?id  by  the  authority  of 
the  sam,e,  as  follows : 

Sect.  1.  The  proprietors  of  Central  Bridge,  their  sue- Authorized  to 
cessors  and  assigns,  are  hereby  authorized  to  raise  a  sum,  "^ ddft"^^'^& '" 
not  exceeding  five  thousand  dollars  in  addition  to  the  sum  ' 

of  nine  thousand  dollars,  which  they  were  authorized  to 
raise  by  the  act  to  which  this  is  supplementary,  for  the 
purpose  of  defraying  the  excess  above  that  sum  in  the  cost 
of  reconstructing  their  bridge,  and  the  expenses  incidental 
thereto;  and  for  rebuilding  in  part  the  stone  piers  and  abut- 
ments, and  protecting  the  whole  structure  by  a  permanent 
and  substantial  covering. 

Sect,  2.     The  said  sum  of  five  thousand  dollars  shall  Said  ^5000  to 
constitute  a  part  of  the  capital  stock  of  the  said  corporation,  of"he'ca^itar 
in  addition  to  the  amount  provided  for  in  said  act ;  and  the  stock,  &c!^ 
said  proprietors  shall,  in  relation  thereto,  enjoy  the  same 
53 


410  1845. Chap.  31—33. 

rights  and  powers,  and  be  subject  to  the  same  conditions, 
as  are  set  forth  in  said  act. 
To  be  raised  Sect.  3.     To  enable  the  said  proprietors  to  raise  the  said 

ofby^ac^readon  additional  amount  of  capital  stock,  they  are  hereby  empow- 
of  new  shares,    ercd  to  asscss  upon  the  stockholders  of  said  corporation  a 
stoSt!oide^s°     sum  not  exceeding  five  thousand   dollars,  or  to  create  one 
shall  decide.       hundred  new  shares,  as  may  be  determined  by  a  majority 
of  said  proprietors,  at  any  legal  meeting.     And  the  said 
new  shares,  if  created,  shall  be  respectively  of  the  same 
Newsharesof    value  as  the  existing  shares,  and  may  be  taken  by  the  said 
l''s^oid"&.c^'"^   proprietors  in  the  proportions  in  which  they  shall  severally 
hold  stock  at  the  time  when  this  act  shall  take  effect.     But 
wiii'es  of  stock-  ^^  ^^^^  proprietor  shall  refuse  or  neglect  to  take  the  number 
holders  in  re-     of  sharcs  to  which  he  is  entitled  under  this  act,  or  imder 
spect  thereto.     ^Yie  act  to  which  this  is  supplementary,  and  to  pay  to  the 
treasurer  of  the  said  corporation  his  proportional  part  of  the 
additional  capital  stock  ;  then,  after  the  expiration  of  thirty 
days  from  the  day  when  this  act  shall  take  effect,  a  major- 
ity of  said  proprietors  may,  at  any  legal  meeting,  make  such 
disposition  of  said  shares  as  they  may  think  proper,  and 
such  delinquent  proprietor  shall  have  no  further  right  or 
interest  in  them. 
When  tb  take         Sect.  4.     This  act  shall  take  effect,  when  accepted  by 
effect.  ^Yie  said  proprietors,  at  any  legal  meeting  held  within  three 

months  after  its  final  passage.     [A2)p7'ove(I  by  the  Governor^ 
Feb.  10,  1845.] 

ChOit).  32.  ■^'^  -^^"^  ^^  increase  the  Capital  Stock  of  the  Ballard  Vale  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Rejpresenta- 
tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 
Capital  increas-  The  Ballard  Vale  Company  are  hereby  authorized  to 
ed  by  g  100,000.  jjip^ease  their  capital  stock,  by  adding  thereto  the  sum  of 
one  hundred  thousand  dollars,  so  that  the  whole  capital 
stock  of  said  corporation  may  amount  to  the  sum  of  two 
hundred  thousand  dollars.  {Approved  by  the  Governor, 
Feb.  10,  1845.] 

ChCLV'  ^S.  -An  Act  concerning  the  Election  of  State  Directors  of  the  Western  Rail-road 

Corporation. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Third  and  Sect.  1.     At  the  ncxt   election  of  the  directors  of  the 

fourth  directors  Western  Rail-road  Corporation  on  the  part  of  this  Com- 
for°one'year7^^  monwcalth,  Said  dircctors  shall  be  chosen  separately,  and 
others  for  two  the  two  directors  who  shall  be  first  chosen  shall  hold  their 
years,  c.  offices  two  years ;  and  the  two  next  chosen  shall  hold  their 
offices  one  year  from  the  time  of  election,  and  until  others 
are  chosen  in  their  stead.     And  after  the  next  election,  two 


1 845. Chap.  33— So.  41 1 

directors  shall  be  chosen  annually,  who  shall  hold  their 
offices  two  years,  and  until  others  are  chosen  in  their 
places. 

Sect.  2.     In  case  of  the  death,  resignation,  removal  from  Filling  of vacan- 
the   state,    or  removal   from   office  by   the   governor   and  elT^iredterm 
council,  of  any  director  hereafter  chosen,  the  next  Legisla- 
ture thereafter  shall  proceed  to  elect  a  director  to  fill  the 
vacancy  so  created,  for  the  unexpired  term. 

Sect.  3.     The  governor,  with  the  advice  of  the  council,  Removals  and 
may,  for  good  and  substantial  reasons  on  complaint,  at  any  b''^the°'™vemor 
time  remove  from  office  any  of  the  state  directors  of  said  and  council, 
corporation,  and  appoint  others  in  their  stead,  and  the  per- 
sons so  appointed  shall  hold  their  offices  until  an  election 
by  the  next  Legislature  thereafter,  to  fill  the  vacancies,  as 
provided  in  the  second  section  of  this  act. 

Sect.  4.     This  act  shall  take  efiect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor^  Feb.  10,  1845. J  ^'^'^'^'• 

An  Act  relating  to  the  Manufacturers  Bank.  Hhrm    ^iL 

BE  it  enacted  by  the  Seiiate  and  House  of  Reprcsenta- 

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

the  same,  as  follows : 

The   Manufacturers   Bank,   heretofore   in    Rowley,  but  To  be  called 

now  in  Georgetown,  shall  hereafter  be  known  by  the  name  rers^an'k^in" 

of  the  M?inufacturers  Bank  in  Georgetown.     [Approved  by  Georgetown. 

the  Governor,  Feb.  10,  1S4.5.] 

An  Act  to  incorporate  the  Globe  Mutual  Insurance  Company.  Phnn    S^ 

BE  it  enacted  by  the  Senate  and  House  of  Representa-  " 

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

the  same,  as  follows : 

Sect.  1.     William  Hales,  Philo  S.  Shelton,  Atkins  Ad-  Persons  incor- 

^,      .  .     ,  •)    '  i_         u  1  porated  in  Bos- 

ams,   their  associates  and  successors,  are  hereby  made  a  Jon  for  20 
corporation  for  the  term  of  twenty  years,  by  the  name  of  the  years. 
Globe  Mutual  Insurance  Company,  to  be  established  in  the 
city  of  Boston,  for  the  purpose  of  making  maritime  loans 
and  insurance  against  maritime  losses  and  losses  by  fire,  on  to  insure  marine 
the  mutual  principle,  with  all  the  powers  and  privileges,  u,"e^mu!uafprin° 
and  subject  to  all  the  duties,  liabilities,  and  restrictions,  set  cipie. 
forth  in  the  thirty-seventh  and  forty-fourth  chapters  of  the 
Revised  Statutes,  so  far  as  the  same  are  applicable  to  the 
corporation  hereby  created. 

Sect.  2.     No  policy  of  insurance  shall  be  issued  by  said  No  policy  to  be 
company,  until  a  fund  of  one  hundred  thousand  dollars  in  'the"fnvestment 
cash  shall  have  been  paid  in  for  the  protection  of  the  as-  of;^ioo,ooo. 
sured,  and  invested  as  by  law  required  of  other  insurance 
companies  incorporated  in  this  Commonv^realth. 

Sect.  3.     The  said  company  may  pay  semi-annually  the  Legal  interest 
legal  interest  on  the  aforesaid  fund,  and  may  pay  the  prin-  ^^^  ^^  p*'^' 


412 


1845.- 


-Chap.  35—38. 


and  principal 
after  the  invest- 
ment of 
^yiOOjC^OO  net 
profits ;  and  no 
further  division 
to  take  place 
except  of  ex- 
cess over 
;g  100,000. 
Guaranty  cap- 
ital to  be  inde- 
pendent of  re- 
sources con- 
vertible into 
premiums. 

Chap.  m. 


cipal  of  the  fund,  whenever  their  net  profits  shall  amount 
to  the  sum  of  one  hundred  thousand  dollars,  and  the  same 
shall  have  been  invested  according  to  law  as  aforesaid  ;  and 
no  further  division  of  the  net  profits  or  funds  of  the  compa- 
ny sliall  be  made,  v/ithout  leaving,  at  least,  one  hundred 
thousand  dollars  invested  as  aforesaid,  until  the  expiration 
of  this  act. 

Sect.  4.  The  guarantee  capital  provided  for  in  this  act, 
shall  be  in  addition  to  any  resources  which  can  be  con- 
verted into  premiums.  \^Approved  by  the  Governor^  Feb. 
10,  1845.J 


An  Act  establishins 


the  Salary  of  the  District  Attorney  for  the  Northern 
District. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  avthority  of 
the  same^  as  follows : 
Annual  salary         From  and  after  the  first  day  of  April,  in  the  year  one 
after  April  1,      thousand  eight  hundred  and  forty-five,  the  district  attorney 
1845.  for  the  northern  district  of  this  Commonwealth,  shall  receive 

a  salary  of  one  thousand  dollars  a  year;  to  be  paid  to  him 
out  of  the  treasury  of  the  Commonwealth,  in  equal  quar- 
terly payments,  in  full  for  all  services  rendered  by  him. 
[Approved  by  the  Governor^  Feb.  10,  1845.] 


An  Act  to  incorporate  the  Fitchburg  Woollen  Mill. 

BE  it  enacted  by  the  Senate  and  Hoitse  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  Daniel  Kimball,  WiUiam  B.  Town,  Peter  Por- 
ter, their  associates  and  successors,  are  hereby  made  a  cor- 
poration, by  the  name  of  the  Fitchburg  Woollen  Mill,  for 
the  purpose  of  manufacturing  woollen  goods  in  the  town  of 
Fitchburg,  in  the  county  of  Worcester,  with  all  the  pow- 
ers and  privileges,  and  subject  to  all  the  duties,  liabilities, 
and  restrictions,  set  forth  in  the  thirty-eighth  and  forty- 
fourth  chapters  of  the  Revised  Statutes. 

Sect.  2.  The  said  corporation  may  hold  real  estate  to 
the  amount  of  fifty  thousand  dollars,  and  the  whole  capital 
stock  of  said  corporation  shall  not  exceed  the  sum  of  one 
hundred  thousand  dollars.  [Approved  by  the  Governor, 
Feb.  10,  1845.  J 

An  Act  to  incorporate  the  Bristol  Printing  Company. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Persons  incor-        Sect.    1.     Samuel   L.    Crockcr,    Royal    A.    Crafts,    and 
ufacture,  dyr"  Grcorge  A.   Crockcr,   their   associates   and  successors,  are 
print,  and         hereby  made  a  corporation,  by  the  name  of  the  Bristol 


Chap.  37. 


Persons  incor- 
porated to  man- 
ufacture wool- 
len goods  in 
Fitchburg-. 


Real  estate  not 
to  exceed 
^50,000,  and 
capital  stock 
^100,000. 


Chap.  38. 


18'45. Chap.  38—41.  413 

Printing  Company,  for  the  purpose  of  manufacturing,  dye-  g^i^^andwodien 
ing,  printing,  and  bleaching  cotton,  silk  and  woollen  goods,  goods  in 
in  the  town  of  Taunton,  in  the  county  of  Bristol ;  and,  for  Taunton, 
this  purpose,  shall  have  all  the  po^vers  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  Real  estate  not 
aforesaid,  real  estate  to  the  amount  of  one  hundred  thousand  #ioaooo,  and 
dollars,  and  the  whole  capital  stock  of  said  corporation  capital  stock 
shall  not  exceed  the  amount  of  two  hundred  thousand  dol-  S~oo,o^- 
lars.     [App}^oved  by  the  Governor,  Feb.  10,  1845.] 

An  Act  to  alter  the  Name  of  the  "  Institution  for  Savings  in  Haverhill  and   Qfinj)    QQ 

its  vicinity."  "° 

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

The  "  Institution  for  Savings  in  Haverhill  and  its  vicin-  To  take  the 
ity,"   incorporated   February  eighth,    one   thousand   eight  Ha^erhiii'sav- 
hundred  and  twenty-eight,   shall  be  hereafter  known  and  ings  Bank, 
called  by  the  name  of  the  Haverhill  Savings  Bank,     [Ap- 
proved by  the  Governor,  Feb.  11,  1845. J 

An  Act  concerning  the  Taunton  Branch  Kail-road  Corporation.  Chnn    40 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows  : 

The  time  allowed  to  the  Taunton  Branch  Rail-road  Cor-  Time  for  com- 
poration,  for  the  completion  of  the  extension  of  their  rail-  {end'ef  t"^ June " 
road   to  the  Taunton  River,  by  an   act  entitled  "an  act  i,  is^- 
authorizing  the  Taunton  Branch  Rail-road  Corporation  to 
extend  their  road  and  increase  their  capital  stock,"  passed 
on  the  sixth  day  of  March,   in  the  year  eighteen  hundred 
and  forty-four,  is  hereby  extended   to  the  first  day  of  June, 
in  the  year  eigliteen  hundred  and  forty-six.     [Approved  by 
the  Governor,  Feb.  11,  1845. J 

An  Act  giving  further  time  to  the  President,  Directors  and  Company  of  the   pL,.^    Al 
Middlesex  Bank  to  close  their  concerns.  (yfl(ip»  ^I. 

BE  it  e7iacfcd  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

The  President,  Directors  and  Company  of  the  Middlesex  incorporation 
Bank  are  hereby  continued  a  body  corporate,   for  a  period  continued  to 
of  two  years  from  the  fourth  day  of  April,  in  the  year  one  ^P"' "*' ^^'*^- 
thousand  eight  hundred  and  forty-five,  with  all  the  powers 
and  privileges,  and  subject  to  the  limitations,   set  forth  in 
the  seventh  section  of  the  forty-fourth  chapter  of  the  Re- 
vised Statutes.     [Approved  by  the  Governor,  Feb.  11,  1845.] 


414  1845. Chap.  42—44. 

ChdV.  42.        -^^  ^^'^  concerning  the  Hartford  and  Springfield  Rail-road  Corporation. 

BE  it  enacted  by  the  Senate  and  House  of  Represetita- 

iives,  in  General  Co7irt  assembled^  and  by  the  authority  of 

the  same,  as  follows : 

To  take  the  The  second  section  of  the   "  act  in  addition  to  an  act  to 

N^ewHaven       Incorporate  the   Hartford  and   Springfield   Rail-road  Cor- 

Hartford  anci     poration,"   passed    on    the  twenty-third  of    February,  in 

RmNrOT.d'com-  ^^^®  Y®^^  ^"®  thousand   eight  hundred  and  forty-four,   is 

pany.  hereby  so  far  altered  and  amended  as  that  the  corporation 

therein  named  shall   be  called  the  New  Haven,  Hartford 

and  Springfield  Rail-road  Company,   instead  of  the  New 

Haven  and  Springfield  Rail-road  Company,   as  is  therein 

now  provided.     [Approved  by  the  Governor,  Feb.  12,  1845.] 


Chap. 


A3       An  Act  to  authorize  the  Union  Wharf  Corporation  to  extend  their  wharf. 
BE  it  enacted  by  the  Senate  and  House  of  Represeriia- 
tives,  in  General  Court  assembled,  and  by  the  aiitJiority  of 
the  same,  as  follows : 
Wharf  ill  Truro      The  Uuiou  Wharf  Corporation  are  hereby  authorized  to 
ed'iooVeT&c!  extcud  and  maintain  their  wharf,  in  the  town  of  Truro,  in 
provided,  &c.     the  county  of  Barnstable,  into  the  harbor  of  said  Truro  in 
a  northwesterly  direction,  to  a  distance  not  exceeding  one 
hundred  feet ;  and  shall  have  the  right  to  lay  vessels  at  the 
end  and  sides  of  said  wharf,   and   receive  wharfage  and 
dockage  therefor :  provided,  this  grant  shall   not,   in   any 
manner,  interfere  with  the  legal  rights  of  any  persons  what- 
ever.    [Approved  by  the  Governor,  Feb.  12,  1845.] 

Char    44  -^^  ■^^^  ^°  reduce  the  capital  stock  of  the  Millbury  Bank. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assemhled,  and  by  the  authority  of 
the  same,  as  follows : 
Capital  stock  Sect.  1.     Froui  and  after  the  first  day  of  April  next,  the 

t'o^fsoVoo  after  president,  directors  and  company  of  the  Millbury  Bank  are 
April  1st,  184.5,  hereby  authorized  to  reduce  their  capital  stock  to  the  sum 
^oner,^&°c"s'haii  "f  fifty  thoiisaud  dollars  :  provided,  that  no  dividend  of  any 
have  certified,  part  of  the  present  capital  stock  shall  be  made,  nor  shall 
*^'  such  reduction  take  place  until  a  commissioner,  to  be  ap- 

pointed by  the  governor  and  council  for  that  purpose,  at  the 
expense  of  said  corporation,  shall  have  certified  in  writing 
to  the  governor  and  council,  after  due  examination,  that 
the  said  corporation  has  sufficient  funds  for  the  payment  of 
all  notes,  bills,  deposits,  and  other  demands  existing  against 
it,  and  that  after  the  payment  thereof,  and  extinguishing 
the  number  of  shares  hereby  authorized  to  be  extinguished, 
the  net  sum  of  fifty  thousand  dollars  will  remain  in  said 
bank  as  capital  stock  in  funds,  available  for  all  usual  and 
proper  banking  purposes. 
Reduction  to  be  Sect.  2.  To  reducc  Said  capital  stock  as  aforesaid,  the 
madebyextm-    ^^j^  corporation  shall  extinguish  five  hundred  shares  there- 


]  845. Chap.  44—47.  415 

in,  so  that  each  of  the  remaining  five  hundred  shares  shall  ^^^^^^^^^ 
be  of  the  par  value  of  one  hundred  dollars. 

Sect.  3.     From  and  after  the  first  day  of  April  next,  pre-  Rights  and  lia- 
vious  to  which  time  the  commissioner  herein  provided  for  fo|!^ard'u)"have 
shall  make  and  deliver  his  certificate  to  the  governor  and  reference  tore- 
council  as  aforesaid,  all  the  rights,  duties  and  liabilities  of  <^"'=^<^  capital, 
said  bank,  shall  have  relation  to,  and  be  governed  by,  said 
reduced  capital  stock  of  fifty  thousand  dollars  ;  and  until 
the  said  first  day  of  April  next,  and  the  said  certificate  shall 
have  been  made  and  delivered  as  aforesaid,  said  bank  shall 
continue  to  pay  into  the  treasury  of  the  Commonwealth, 
the  tax  required  by  law  to  be  paid  on  the  present  capital  of 
said  bank;  and  nothing  contained  in  this  act  shall  be  con- 
strued to  aflect  the  liability  of  the  corporation,  or  of  the  in- 
dividual stockholders,  as  established  by  the  act  incorpora- 
ting said  bank,  and  the  several  acts  in  addition  thereto. 

Sect.  4.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  Feb.  li,  1845.]  *'^®'^'- 

An  Act  concerning  the  Stoughton  Branch  Rail-road  Company.  ChfW     45 

JBE  it  enacted  by  the  Senate  and  House  of  Represeiita- 
iives^  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1 .  The  corporation  established  by  an  act  passed  Corporation 
on  the  sixteenth  day  of  March,  in  the  year  one  thousand  "^'"^  " 
eight  hundred  and  forty-four,  to  construct  a  rail-road  from 
a  point  on  the  Boston  and  Providence  Rail-road,  in  the 
town  of  Canton,  to  the  town  of  Stoughton,  shall  be  called 
and  known  by  the  name  of  the  Stoughton  Branch  Rail-road 
Company,  and  this  shall  be  the  only  legal  corporate  name 
of  said  company. 

Sect.  2.     This  act  shall  take  effect  from  and  after  its  vvhentoiake 
passage.     [Approved  by  the  Governor,  Feb.  15,  1845.] 

An  Act  in  addition  to  an  Act  to  incorporate  the  American  Factory.  j-^j  t.^^ 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  atid  by  the  authority  of 
the  same,  as  follov^s  : 

The  American  Factory,  in  addition  to  their  present  pow-  May  manufac- 
ers,  are  hereby  authorized  to  manufacture  wool,  and  goods  wooiieu°'^oods. 
of    which  wool   is    a   component  part.     [Approved  by  the 
Governor,  Feb.  15,  1845.] 

An  Act  to  incorporate  the  Boston  Duck  Company.  Chat).  47. 

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

Sect.  1.     Augustus  H.  Fiske,  John  S.  Wrisht,   and  Eli-  Persons  mcor- 

.    ,       -r        ■  I-  •  1  "ii        porated  to  man- 

jah   Lormg,    their   associates   and   successors,    are  hereby  ufacture  cotton 


416 


1846.- 


-Chap.  47—49. 


and  woollen 
goods  and  ma- 
chinery in  Pal- 
mer. 


Real  estate  not 
to  exceed 
^200,000,  and 
capital  stock 
^600,000. 


Chap.  48. 


Persons  incor- 
porated to  con- 
struct and  main- 
tain a  reservoir 
in  Foxborousrh. 


Real  estate  not 
to  exceed 
g5,000,  and 
capital  stock 
56,000. 


Chap.  49. 


Wharf  in  Fall 
River  may  be 
extended  to  the 
channel  of 
Taunton  River, 

&.C. 

Provided.  &.c. 


made  a  corporation,  by  the  name  of  the  Boston  Duck  Com- 
pany, for  the  purpose  of  manufacturing  cotton  and  woollen 
goods,  and  machinery,  in  the  town  of  Palmer,  in  the  county 
of  Hampden,  and  in  the  town  of  Belchertown,  in  the  coun- 
ty of  Hampshire ;  and,  for  this  purpose,  shall  have  all  the 
powers  and  privileges,  and  be  subject  to  all  the  duties,  lia- 
bilities and  restrictions,  set  forth  in  the  thirty-eighth  and 
forty-fourth  chapters  of  the  Revised  Statutes. 

Sect.  2.  The  said  corporation  may  hold,  for  the  purpo- 
ses aforesaid,  real  estate  not  exceeding  the  amount  of  two 
hundred  thousand  dollars;  and  the  whole  capital  stock  of 
said  corporation  shall  not  exceed  the  amount  of  five  hun- 
dred thousand  dollars.  [Approved  by  the  Governor,  Feb. 
15,  1845.] 

An  Act  to  incorporate  the  Neponset  Reservoir  Company. 

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

Sect.  1.  Truman  Clark,  Leonard  Morse,  and  Joshua 
Stetson,  Jr.,  their  associates  and  successors,  are  hereby 
made  a  corporation,  by  the  name  of  the  Neponset  Reservoir 
Company,  for  the  purpose  of  constructing  and  maintaining 
a  reservoir  by  the  erection  of  a  dam  across  the  Neponset 
River,  in  the  town  of  Foxborough,  in  the  county  of  Norfolk  ; 
and,  for  this  purpose,  shall  have  all  the  powers  and  privile- 
ges, and  be  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.  The  said  corporation  may  hold,  for  the  purpo- 
ses aforesaid,  real  estate  to  the  amount  of  five  thousand 
dollars ;  and  the  whole  capital  stock  shall  not  exceed  six 
thousand  dollars.  [Approved  by  the  Governor,  Feb.  IS, 
1845.] 

An  Act  to  authorize  Nathan  and  Joseph  Durfee  to  extend  their  wharf. 

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

Nathan  and  Joseph  Durfee  are  hereby  authorized  to  ex- 
tend their  wharf  to  the  channel  of  Taimton  River,  in  the 
town  of  Fall  River,  and  to  lay  vessels  at  said  wharf,  and 
receive  wharfage  and  dockage  therefor :  provided,  that  this 
act  shall  in  no  wise  affect  the  legal  rights  of  any  corpora- 
tions or  persons  whatever.  [App?'oved  by  the  Governor, 
Feb.  18,  1845.] 


1845. Chap.  50—52.  417 

An  Act  to  authorize  Benjamin  W.  Miller  to  extend  his  wharf.  ChttV'  50. 

BE  it  enacted  by  the  Sejiate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Benjamin  W.  Miller  is  hereby  authorized  to  extend  his  wharf  in  Fail 
wharf  to  the  channel  of  Taunton  River,  in  the  town  of  Ste^nd^d^^to^the 
Fall  River,  and  to  lay  vessels  at  said  wharf,   and  receive  channel  of 
wharfage  and   dockage  therefor  :   provided,    that  this  act  ^c""^°"  ^'^^'^' 
shall  in  no  wise  affect  the  legal  rights  of  any  corporations  Provided,  Scc. 
or  persons  whatever.     [Approved  by  the  Governor,  Feb.  18, 
1845.] 

An  Act  to  incorporate  the  Seamen's  Aid  Society.  ChttV.  5 1 . 

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

Sect.  1.     Ann  E.  Coffin,  Marion  Ruthven,   and  Hannah  Persons  incor- 
B.  Chickering,  their  associates  and  successors,  are  hereby  P"*"^*^  ' 
made  a  corporation,  by  the  name  of  the  "  Seamen's  Aid 
Society,"   for  the  purpose  of   relieving  sick  and  disabled  to  relieve  sea- 
seamen  and  their  families,  and  to  afibrd  aid  and  encourage-  '"^"' 
ment  to  the  poor  and  industrious  females  belonging  to  the 
families  of  seamen ;  to  promote  the  education  of  seamen's 
children,  and  improve  the  character  and  condition  of  sea- 
men and  their  families ;  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  chap- 
ters of  the  Revised  Statutes.  m 

Sect.  2.     Said  corporation  may   hold,  for  the  purposes  Estate  not  to 
aforesaid,  real  estate  and  personal  property  to  an  amount  lYcwooo. 
not  exceeding  one  hundred  thousand  dollars. 

Sect.  3.     Said  corporation  shall  have  power  to  take  and  May  receive 

_r       ,1  r  -J  1  i  I  bequests  made 

receive,  lor  the  purposes  atoresaid,  any  bequest  or  legacy  to  the  voluntary 
which  heretofore  may  have  been  made  to  the   "  Seamen's  society  of  the 

Aid  Society."  same  name. 

Sect.  4.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  Feb.  18,  1845.]  ^  ^'^^' 

An  Act  to  authorize  Richard  Borden  to  build  a  wharf.  Ckcip.  52. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  saine,  as  follows  : 

Richard  Borden  is  hereby  authorized  to  build  and  main-  Wharves  may 
tain  a  wharf,  or  wharves,  from  land  owned  by  him,  lying  RiJ'eTto'thf^" 
on  the  easterly  side  of  Mount  Hope  Bay,  in  the  town  of  channel  of 
Fall  River,  and  to  extend  said  wharf,  or  wharves,  unto  the  3°""^^°^^ 
channel  of  said  ba^'',  and  to  lay  vessels  at  said  wharf,  or 
wharves,  and  receive  wharfage  and  dockage  therefor :  pro-  ^^°^'"^^'^>  ^'^• 
54 


418 


1845.- 


-Chap.  52—55. 


Chap.  53. 


Capital  may  be 
increased  by 
550,000.  in 
shares  of  ^100, 


Provided,  &c. 

Liabilities  of  in- 
creased capital. 


Certificate,  &c, 
to  be  returned 
to  the  Secre- 
tary. 


Chap.  54. 


Wharves  may 
be  extended  to 
the  channel  of 
Mount  Hope 
Bay,  &c. 
Provided,  &-c. 


Chap.  65. 


Investments 
may  be  made 
in  rail-road 
stock. 

Provided,  &.c. 


vided,  that  this  act  shall  in  no  wise  affect  the  legal  rights 
of  any  corporations  or  persons  whatever.  [Approved  by  the 
Governor,  Feb.  18,  1845.] 

An  Act  authorizing  the  President,  Directors  and  Company  of  the  Freeman's 
Bank  to  increase  their  capital  stock. 

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

Sect.  1.  The  president,  directors  and  company  of  the 
Freeman's  Bank,  in  Boston,  are  hereby  authorized  to  in- 
crease their  present  capital  stock,  by  an  addition  thereto  of 
fifty  thousand  dollars,  in  shares  of  one  hundred  dollars 
each,  which  shall  be  paid  in  such  instalments  as  the  presi- 
dent and  directors  of  said  bank  may  direct  and  determine  : 
provided,  that  the  whole  amount  shall  be  paid  in,  on  or  be- 
fore the  first  Monday  in  October  next. 

Sect.  2.  The  additional  stock  aforesaid  shall  be  subject 
to  the  like  tax,  regulations,  restrictions  and  provisions,  to 
which  the  present  capital  stock  of  said  corporation  is  now 
subject. 

Sect.  3.  Before  said  corporation  shall  proceed  to  do 
business  upon  said  additional  capital,  a  certificate,  signed 
by  the  president  and  directors,  and  attested  by  the  cashier 
imder  oath,  that  the  same  has  been  actually  paid  into  said 
bank,  shall  be  returned  into  the  ofiice  of  the  Secretary  of 
the  Commonwealth.  [App7oved  by  the  Governor,  Feb.  19, 
1845.] 

An  Act  to  authorize  the  Fall  River  Iron  "Works  Company  to  extend  their 

wharves. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam,e,  as  folloivs  : 

The  Fall  River  Iron  Works  Company  are  hereby  author- 
ized to  extend  their  wharves  to  the  channel  of  Mount  Hope 
Bay,  in  the  town  of  Fall  River,  and  to  lay  vessels  at  said 
wharves,  and  receive  wharfage  and  dockage  therefor  :  pro- 
vided, that  this  act  shall  in  no  wise  aftect  the  legal  rights 
of  any  corporations  or  persons  whatever.  [Approved  by 
the  Governor,  Feb.  19,  1845.] 

An  Act  concerning  Insurance  Companies. 

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

From  and  after  the  passage  of  this  act,  any  insurance 
company  may  invest  its  funds  in  the  stock  of  any  rail-road 
corporation  created  by  the  Legislature  of  this  Common- 
wealth, whose  capital  has  been  wholly  paid  in  :  provided, 


1845. Chap.  55—58.  419 

that  not  more  than  one  third  part  of  the  capital  of  any  in- 
surance company,  shall  be  invested  in  rail-road  stock,  nor 
more  than  one  fifth  part,  in  the  stock  of  any  one  rail-road 
corporation.     [Approved  by  the  Governo?',  Feb.  19,  1845.] 

An  Act  to  change  the  Name  of  the  Salem  Children's  Friend  Society.  ChcLp.  5G, 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 

The  Salem  Children's  Friend  Society  may  take  the  name  May  take  the 
of  the  Salem  Seaman's  Orphan  and  Children's  Friend  So-  "^""^  °'''  ^'^• 
ciety,  and  said  name  shall  hereafter  be  considered  as  the 
only  legal  corporate  name  of  said  society.     [Ajjproved  by 
the  Governor,  Feb.  19,  1845.] 

An  Act  to  authorize  Godfrey  Rider  to  build  a  wharf.  ChdV'  57 . 

BF  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Godfrey  Rider  is  hereby  authorized  to   build  and  main- Wharf  may  be 
tain  a  wharf,  from  land  owned  by  him  in  the  town  of  Prov-  chlnnd  \r 
incetown,  unto  the  channel  of  Provincetown  harbor,  and  to  Provincetown 
lay  vessels  at  said  wharf,  and  receive  wharfage  and  dock-  ''^''^°'''  '^'^• 
age  therefor  :  provided,  this  act  shall  in  no  wise  affect  the  Provided,  &c. 
legal   rights    of    auy   corporations    or    persons    whatever. 
[Approved  by  the  Governor,  Feb.  19,  1845. J 

An  Act  concerning  the  Fire  Department  of  the  City  of  Salem.  Chftn     ^iR 

BE  it  eiiacted  by  the  Senate  and  House  of  Represe?ita- 
tives.  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs : 

Sect.  1.     The  city  council  of  the  city  of  Salem  may  an-  ^o^rd  of  seven 
nually   select  seven  of  the  firewards  chosen  by  said  city,  be'sekcted'''^ 
who  shall  constitute  a  board  of  engineers  of  the  fire  de-  from  firewards 
partment;  and  said  board  shall  select  one  of  said  number  Md'^mayTekct 
as  chief  engineer  of  the  fire  department.  a  chief  engineer. 

Sect.  2.  Said  board  of  engineers  shall  have  all  the  pow-  To  exercise  the 
ers,  and  exercise  all  the  authority,  which  firewards,  by  the  w"ards^  °*^  ^"^^' 
laws  of  the  Commonwealth,  and  by  an  act  passed  on  the 
sixteenth  day  of  June,  in  the  year  one  thousand  eight  hun- 
dred and  twenty-seven,  providing  for  the  appointment  of 
engine  men  in  the  town  of  Salem,  now  possess  and  are 
authorized  to  exercise. 

Sect.  3.     Said  board  of  engineers  shall  have  the  control  And  control  and 
and  direction  of  all  other  firewards  who  may  be  appointed  firewLr^ds.^"^ 
by  said  city  councils ;  and  if  any  fireward  shall  neg'lect  or 
refuse  to  obey  any  orders  given  him  by  any  of  said  board 
of  engineers,  or  neglect  or  refuse  to  perform  any  service, 
which  may  be  assigned  to  him  by  any  of  said  board  in  the 


420  1 845. Chap.  58—60. 

Firewards  may  regular  performance  of  their  duties,  the  city  council  may 

cU  ^c^ndi'fo/  dismiss  and  remove  the  fireward  so  offending,  and  appoint 

insubordination,  another  in  his  place. 

or  other  cause,       Sect.  4.     The  Said  city  couucils  may,  at  any  tim.e,  dis- 

suppli'lTby^*^^^  i^iss  and  remove  any  of  the  firewards,  and  appoint  others 

city  council.       in  their  places. 

Repeal  of  in-         Sect.  5.     All  acts,   and  parts  of  acts  inconsistent  with 

ItSr^  P™"    this  act,  are  hereby  repealed. 

When  to  take         Sect.  6.     This  act  shall  take  effect  from  and  after  its 

effect.  passage.     [App)'oved  by  the  Governor,  Feb.  19,  1845.] 

ChdV'  59.      -^^  ^^'^  ^^  addition  to  an  Act  to  establish  the  Granite  Bridge  Corporation. 
BE  it  enacted  by  the  Senate  and  House  of  Repi-esenta- 
iives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Drivers  of  loads      Sect.  1.     If  any  persou  shall  drive  a  team  carrying  a 
tha'n'7"tlii^°'^^    load  of  morc  than  seven  tons  weight,  exclusive  of  the  car- 
liabie  for  dama-  riagc  and  Cattle,  over  the  Granite  Bridge,  the  owner  of  such 
^^^"  team  shall  be  liable  to  the  proprietors  of  said  bridge,  for  all 

damages  that  said  proprietors  shall  suffer  by  reason  of  the 
passage  of  such  load  over  said  bridge. 
Rates  of  toll.         Sect.  2.     The  rates  of  toll  on  said  bridge  shall  be,  for 
every  horse  and  rider  two  cents  ;  for  each  horse  and  cart, 
or  wagon,  four  cents ;  for  each  cart,   or  wagon,   drawn  by 
two  beasts,   five  cents ;  for  each  cart,  or  wagon,  drawn  by 
four  beasts,   eight  cents ;  and  for  every  additional  yoke  of 
oxen,  or  horse,  one  cent. 
Repeal  of  in-         Sect.  3.     So  much  of  the  act  to  establish   the  Granite 
visions?"'  ^^°'    Bridge  Corporation,  as  is  inconsistent  with  this  act,  is  here- 
by repealed.     [App7'oved  by  the  Governor,  Feb.  19,  1845.] 

ChCLV.   60.  "^^  "^^^  ^°  authorize  Gardner  Greenleaf  to  extend  his  wharf. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  safne,  as  follows  : 
Wharf  in  Bos-        Gardner  Greenleaf  is  hereby  authorized  to  extend  his 
ex"ended  to  the  wharf,  in  the  westerly  part  of  the  city  of  Boston,   to  the 
line,  &c.  line  established  by  the  act  concerning  the  harbor  of  Boston, 

passed  on  the  sixth  day  of  March,  in  the  year  one  thousand 
eight  hundred  and  forty-one,  and  shall  have  the  right  to 
lay  vessels  at  the  sides  and  end  of  said  wharf,  and  receive 
Provided,  &c.  wharfage  and  dockage  therefor  :  jnovidcd,  that  so  much  of 
said  wharf  as  shall  extend  below  low  water  mark,  shall  be 
built  on  piles,  and  that  the  provisions  of  this  act  shall  in  no 
wise  affect  the  legal  rights  of  any  persons  or  corporations 
whatever.     \Ayproved  by  the  Governor,  Feb.  20,  1845.] 


1845. Chap.  61—63.  421 

An  Act  to  incorporate  the  South  Cove  Insurance  Company.  ChctV.  61 . 

BE  it  efiacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.     William  C.  Fay,  Charles  Ellis,  John  M.  Mayo,  Persons  incor- 
their  associates  and  successors,  are  hereby  made  a  corpora-  years^fo^^nf^ 
tion  for  the  term  of  twenty  years,  by  the  name  of  the  South  sure  marine 
Cove  Insurance  Company,  to  be  established  in  the  city  of  g"'^j^[^®^|j''jjg'" 
Boston,  for  the  purpose  of  making  maritime  loans  and  in-  mutual  princi- 
surance  against  maritime  losses  and  losses  by  fire,  on  the  P'^- 
mutual  principle ;  with  all  the  powers  and  privileges,  and 
subject  to  all  the  duties,  liabilities  and  restrictions,  set  forth 
in  the  thirty-seventh  and  forty-fourth  chapters  of  the  Re- 
vised Statutes,  so  far  as  the  same  are  applicable  to  the  cor- 
poration hereby  created. 

Sect  2.     No  policy  of  insurance  shall  be  issued  by  said  Policies  not  to 

r  J  J  Qg  issued  beiore 

company,  until  a  fund  of  one  hundred  thousand  dollars  in  the  investment 
cash  shall  have  been  paid  in,  for  the  protection  of  the  as-  °^  ^100,000. 
sured,  and  invested  as  by  law  required  of  insurance  com- 
panies heretofore  incorporated. 

Sect.  3.     The  said  company  may  pay,   semi-annually,  interest  may  be 
the  legal  interest  on  the  aforesaid  fund,  and  may  pay  the  anliuany,''and 
principal   of  the   fund,    whenever   their   net   profits   shall  principal  after 
amount  to  the  sum  of  one  hundred  thousand  dollars,  and  of'poo^ooonet 
the  same  shall  have  been  invested  according  to  law  as  afore-  profits. 
said  ;  and  no  further  division  of  the  net  profits  or  funds  of 
the  company  shall  be  made,  without  leaving  at  least  one 
hundred  thousand  dollars  invested  as  aforesaid,  until  the 
expiration  of  this  act. 

Sect.  4.  The  guaranty  capital  provided  for  in  this  act,  Guaranty  capi- 
shall  be  in  addition  to  any  resources  which  can  be  convert-  resources°con-° 
ed  into  premiums.     \ Approved  by  the  Governor,  Feb.  20,  vertibie  into 

■j^g^g  1  -^  premiums. 

An  Act  concerning  the  Boston  and  Providence  Rail-road  Corporation.         CllCip.  62. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, i?i  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.     The  Boston  and  Providence  Rail-road  Corpora-  May  invest 
tion,  are  hereby  authorized   to  subscribe  for  stock  of  the  ^f  j^g  3,'"^^^^^ 
Stoughton  Branch  Rail-road  Company,  to  an  amount  not  ton  Branch'' 
exceeding  the  sum  of  forty  thousand  dollars.  Rai-roa  . 

Sect.  2.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  Feb.  20,  1S45.]  ®  ^'^*' 

An  Act  to  authorize  Amos  and  Timothy  B.  Wood  to  extend  their  wharf.       ChttV'  G3' 
BE  it  enacted  by  the  Senate  and  House  of  Represe?ita- 

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

the  same,  as  follows : 

Amos  and  Timothy  B.  Wood  are  hereby  authorized  to  wharf  in  Bos- 


422  1845. Chap.  63-^65, 

ton  may  be  extend  their  wharf,  in  the  westerly  part  of  the  city  of  Bos- 
Hne^"&c.  '°  *  ^  ton,  to  the  Une  estabHshed  by  the  act  concerning  the  harbor 
of  Boston,  passed  on  the  sixth  day  of  March,  in  the  year 
one  thousand  eight  hundred  and  forty-one,  and  shall  have 
the  right  to  lay  vessels  at  the  sides  and  end  of  said  wharf, 
Provided,  &c.  j^jjjj  receive  wharfage  and  dockage  therefor  :  provided,  that 
so  much  of  said  wharf,  as  shall  extend  below  low  water 
mark;  shall  be  built  on  piles,  and  that  the  provisions  of  this 
act  shall  in  no  wise  aftect  the  legal  rights  of  any  persons 
or  corporations  whatever.  [App7-oved  by  the  Governor, 
Feb.  22,  1845.  j 

Qfldj),  64.  -^^  ^^'^  concerning  Trust  Estates. 

BE  a  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Property  held  When  any  person,  seized  or  possessed  of  an^r  estate,  real, 
nOTrini^ne"*'"  psrsoual.  Or  mixcd,  or  any  interest  therein,  upon  any  trust 
persons,  mar-  or  trusts,  cxprcss  or  implied,  shall  be  under  the  age  of 
pefsMs"out 'o7  twenty-one  years,  insane,  femme  covert,  or  be  out  of  the  ju- 
the  state, may  rlsdiction  of  this  Commonwealth,  or  not  amenable  to  the 
conve'^eTb  process  of  any  court  therein,  having  equity  powers,  and,  in 
guardians  and     the  opinjou  of  the  supremc  judicial  court,  it  be  fit  that  a 

°''f ■■  P.f^""^'     sale  should  be  made  of  such  estate,  or  of  any  interest  there- 
under the  au-       .  ,  1        1  r    •  1 

thorityofthe      m,  or  that  a  conveyance  be  made  thereoi,  m  order  to  carry 
Supreme  Court;  jq^q  effect  the  obiects  of  the  trusts  concerning  the  same  :  then 

provided,  &c.  t    .  ,  .  ,  .      , .    P  ,  ,  , 

and  HI  every  such  case,  said  supreme  judicial  court  may,  by 
its  decree,  on  bill,  or  petition,  as  the  case  may  require,  direct 
and  order  such  sale  or  conveyance  to  be  made,  and  appoint 
any  suitable  person  whom  they  think  proper,  in  the  place 
of  such  trustee,  to  convey  such  estate  or  interest  therein,  to 
such  person  as  may  become  the  purchaser,  or  as  such  de- 
cree or  order  may  require.  And  if  any  person  so  seized,  or 
possessed  of  the  same,  or  entitled  thereto  upon  any  trust, 
shall  be  within  the  jurisdiction  of  the  court,  he  or  his  guard- 
ian may  be  ordered  to  make  such  conveyances  as  the  court 
may  deem  suitable  or  proper.  [Approved  by  the  Governor, 
Feb.  22,  1845.] 

Chap.  65.       -^"  ■^'^'^  ^^  ^Itsr  the  Name  of  the  Second  Church  and  Society  of  Boston. 

BE  it  enacted  by  the  Senate  a?id  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 
May  take  the         Sect.  1.     The  Secoud  Churcli  and  Society  of  Boston,  in- 
Second  Church,  corporatcd  February  fourth,  in  the  year  one  thousand  eight 
hundred  and   twenty-four,  shall  hereafter  be  known  and 
called  by  the  name  of  the  Second  Church. 
When  to  take         Sect.  2.     This  act  shall  take  effect  from  and  after  its 
^  ^*^''  passage.     [Approved,  by  the  Governor,  Feb.  22,  1845.] 


1845. Chap.  66—68.  423 

An  Act  to  authorize  William  "Wood  to  extend  his  wharf.  ChttV'  S&' 

BE  it  enacted  by  the  Senate  and  Mouse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as 

William  Wood  is  hereby  authorized  to  extend  his  wharf,  wharf  in  Bos- 
in  the  westerly  part  of  the  city  of  Boston,  to  the  line  estab-  px'tended  to  the 
lished  by  the  act  concerning  the  harbor  of  Boston,  passed  Hue,  &c. 
on  the  sixth  day  of  March,  in  the  year  one  thousand  eight 
hundred  and  forty-one,  and  shall  have  the  right  to  lay  ves- 
sels at  the  sides  and  end  of  said  wharf,  and  receive  wharf- 
age and  dockage  therefor:  provided,  that  so  much  of  said  Provided,&.c. 
wharf  as  shall  extend  below  low  Avater  mark,  shall  be  built 
on  piles,  and  that  the  provisions  of  this  act  shall  in  no  wise 
affect  the  legal  rights  of  any  persons  or  corporations  what- 
ever.    [Approved  by  the  Governor,  Feb.  22,  1845.] 

An  Act  to  increase  the  Duties  and  establish  the  Salary  of  the  Attorney  of  the   (Jhct7),   67 
Commonwealth  for  the  County  of  Suflblk.  -*  * 

BE  it  enacted  by  ths  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  anthority  of 
the  same,  as  follows  : 

Sect.    1.     The  attorney  of  the  Commonwealth   for  the  Shall  perform 
county  of  Suffolk,  in  addition  to  the  duties  now  required  attorney  gene- 
by  law,  shall  perform  all  the  duties  heretofore  required  to  rai,  ^cc. 
be  performed  by  the  attorney  general,  in  chapter  thirteen, 
and  sections  twenty-five  and  thirty-three  of  the  Revised 
Statutes;  and  shall  also  give  his  advice  and  direction  in  all 
matters  of   law,   to  tlie  secretary,   treasurer,  and  receiver 
general  and  adjutant  general  of  the  Commonwealth,  in  re- 
lation to  their  official  duties. 

Sect.  2.     From  and  after  the   first  day  of  April,  in  the  Salary  to  t.e 
year  one  thousand  eight  hundred  and  forty-five,  the  attor-  f  priiVi843 
ney  of  the  Commonwealth  for  the  county  of  Suffolk,  shall 
receive  a  salary  of  two  thousand  dollars  a  year,  to  be  paid 
quarterly,  out  of  the  treasury  of  said  Commonwealth,  and 
to  be  in  full  for  all  services  rendered  by  him,  and  he  shall 
render  to  the  treasurer  of  said  county,  a  quarterly  accoimt  Accounts, &c., 
of  all  fees,  bills  of  costs  and  monej^s  received  by  him,  by  q°uar'teHy!'^'^'^*^ 
virtue  of  his  office,  and  shall  account  with  the  treasurer  of 
the  Commonwealth   for   the  same.     [Approved  by  the  Gov- 
ernor, Feb.  24,  184.5.] 

An  Act  to  amend  an  Act  concerning  Notes  payable  on  demand.  ChttV,  68. 

BF  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, iti  Goieral  Court  assembled,  and  by  the  autliortty  of 
the  same,  as  follows : 

Sect.  1.     An  act  "concerning  notes  payable  on  demand,"  indorsee  suhsii- 
passed  the  sixtli  day  of  April,  in   the  year  one  thousand  serin  Act  of 
eight  hundred  and   thirty-nine,  is  hereby  amended  in   the  1^39,  chap.  121. 


424 


1846.- 


•Chap.  68—70. 


When  to  take 
effect. 


Chap,  69. 


Wharf  in  Bos- 


first  section  thereof,  by  striking  out  the  word  "  indorser" 
and  inserting  the  word  "  indorsee." 

Sect.  2.     This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  Feb.  24,  1845.] 

An  Act  to  authorize  Edward  A.  Raymond  to  extend  his  wharf. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  tJie  authority  of 
the  same,  as  follows  : 

Edward  A.  Raymond  is  hereby  authorized  and  empow- 
exte^Kie^  to  the  ^""^^  ^^  extend  and  maintahi  his  wharf  in  the  city  of  Bos- 
line,  &c.  ton,  to  the  line  established  by  the  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 
the  right  to  lay  vessels  at  the  end  and  sides  of  said  wharf, 
Provided,  &c.    and  receivc  wharfage  and  dockage  therefor  :  provided,  that 
so  much  of  said  wharf  as  shall  extend  below  low  water 
mark,  shall  be  built  on  piles,  and  that  the  provisions  of  this 
act  shall  in  no  wise  affect  the  legal  rights  of  any  persons  or 
corporations  whatever.     [Approved  by  the  Governor,  Feb. 
24,  1845.] 


Chap.  70. 


Selectmen  may 
require  consta- 
bles to  give 
bonds  for  ^500, 
or  more,  condi- 
tioned, &c. 


Writ  in  suit  on 
such  bonds,  to 
be  indorsed  by 
party  in  inter- 
est, &c. 


Suit,  how  to  be 
prosecuted. 

Execution  for 
defendant's 
costs,  how 
issued. 

Constables  not 
to  serve  a  civil 
process  before 


An  Act  requiring  Constables  to  give  Bonds  in  certain  cases. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam,e,  as  follows  : 

Sect.  1.  The  selectmen  of  any  town  may  require  that 
any  person  who  may  be  chosen  constable,  shall  give  bonds 
to  the  inhabitants  of  said  town,  with  sureties  to  be  approved 
by  tiie  selectmen,  in  a  penal  sum  not  less  than  five  hundred 
dollars,  with  condition  for  the  faithful  performance  of  his 
duties  as  constable  in  the  service  of  all  civil  processes  which 
may  be  committed  to  him  ;  and  any  person  injured  by  any 
breach  of  the  condition  of  said  bond,  may,  at  his  own  ex- 
pense, institute  a  suit  thereon  in  the  name  of  said  inhabit- 
ants, and  prosecute  the  same  to  final  judgment  and  exe- 
cution. 

Sect.  2.  In  such  suit  the  writ  shall  be  indorsed  by  the 
person  or  persons  for  whose  benefit  the  suit  is  brought,  and 
in  case  neither  of  the  said  persons  is  an  inhabitant  of  this 
Common weahh,  it  shall  also  be  indorsed  by  some  other 
responsible  indorser,  residing  within  this  Commonwealth, 
and  the  like  proceedings  shall  be  had  thereon,  to  final  judg- 
ment as  in  a  suit  by  a  creditor  on  administration  bonds. 

Sect.  3.  If  judgment  in  such  case  shall  be  for  the  de- 
fendatits,  execution  shall  issue  for  costs  against  such  indor- 
ser or  indorsers,  in  like  manner  as  if  they  were  plaintiffs  of 
record  in  such  suit. 

Sect.  4.  No  constable,  of  whom  such  bonds  shall  be 
required,  shall  be  competent  to  serve  any  civil  process,  till 


1845. Chap.  70—73.  4^5 

such  bond  shall  be  duly  executed,  approved,  and  filed  in  ton^J'^Fc^nor 
the  town  clerk's  office,  and  no  person  of  whom  such  bond  to  be  liable  io  a 
shall  be  required  as  aforesaid,  shall  be  liable  to  any  fine  for  bond^^eTe'-^" 
the  non-acceptance  of  the  office  of  constable.  quired. 

Sect.  5.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor^  Feb.  24,  1845.]  ^^®*'*- 

An  Act  to  authorize  the  Inhabitants  ofTruro,  in  the  county  of  Barnstable,  to  Chap.  7 1 . 
construct  a  Bridge. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  same^  as  follows  : 

The  inhabitants  of  the  town  of  Truro,  in  the  county  of  Bridge  across 
Barnstable,   are   hereby  authorized  to  construct  a  bridge  h°p^"^  "^^^■ 
across  Hopkins  Creek,  in  said  town,  provided  the  arch  over 
said  creek  shall  be  made  high  and  wide  enough  for  boats  Dimensions  of 
and  scows  to  pass  under  at  full  sea.     And  said  inhabitants,  ^^'^^' 
in  carrying  into  effect  the  provisions  of  this  act,  shall  in  all 
respects  conform  to  the  existing  laws  relative  to  laying  out  Existing  laws, 
town  ways.     [Apjjroved  by  the  Governor,  t  eb.  5^(3,  lb45.J       observed. 

An  Act  relating  to  the  Western  Rail-road  Stock  Sinking  Fund.  CJlCLp.  72. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  Ge?ieral  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.     The  act  passed  March  third,  in  the  year  one  Repeal  offer- 
thousand  eight  hundred  and  forty-two,   entitled   "an  act '"®''^'^'" 
relating  to  the  sinking  fund  for  the  payment  of  the  Com- 
monwealth's shares  in  the  Western  Rail-road,"  is  hereby 
repealed. 

Sect.  2.     The  treasurer  and  receiver  general  is  hereby  Governor  aad 
authorized  and  directed  to  iuvest  all  money  now  in  hand,  recUnVest-'' 
or  which  may  hereafter  be  received,  belonging  to  said  s'.nk-  ments. 
ing  fund,  with  the  approbation  of  the  Governor  and  Coun- 
cil. 

Sect.  3.     This  act  shall  take  effect  from  and  after  its  when  to  take 
passage.     [Approved  by  the  Governor,  Feb.  26,  1845.]  ®  ^'^'" 

An  Act  to  change  the  time  for  holding  certain  Probate  Courts  in  the  County  /ij,  „^    no 

of  Plymouth.  ^nap.    lO. 

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

Sect.  1.     The  terms  of  the  probate  courts,  which  are  now  Probate  Courts 
by  law  required  to  be  held  in  Middleborough,  in  and  for  in  Middiebo- 

1  /-T-n  I  11  m  i~.-ii/r.       rough  and  Ro- 

the  county  of  Plymouth,  on  the  last  Tuesday   m  May  m  Chester, when  to 
each  year ;  and  at  Rochester,  in  and  for  said  county,  on  ^^  '^^**^- 
the  Wednesday  next  after  the  last  Tuesday  of  May  in  each 
year,  shall  hereafter  be  held  in  said  Middleborough,  on  the 
first  Tuesday  of  May  in  each  year,  and  at  said  Rochester, 
55 


426 


1845.- 


-Chap.  73—75. 


When  to  take 
effect. 


Chap.  74. 


Persons  incor- 
porated to 
manufacture 
and  print  cot- 
ton and  woollen 
goods,  and  fur- 
nish and  let 
steam  power, 
&c.,  in  Con- 
cord. 


Real  estate  not 
to  exceed 
^100,000,  and 
capital  stock 
^300,000. 


Chap.  lb. 


Wharf  in  Bos- 
ton may  be  ex- 
tended to  the 
line,  &c. 


Provided,  &c. 


on  the  Wednesday  next  after  the  first  Tuesday  of  May  in 
each  year,  instead  of  the  times  first  aforementioned.  And 
all  matters  and  processes  which  are  now  returnable  to  said 
court  at  said  Middleborough  and  Rochester,  on  the  respect- 
ive days  first  above  mentioned,  may  be  returned  to  and 
acted  upon,  by  said  court  at  said  Middleborough  and  Ro- 
chester, on  the  respective  days  last  above  mentioned. 

Sect.  2.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor^  Feb.  26,  1845.] 

An  Act  to  incorporate  the  Concord  Steam  Power  Company. 

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

Sect.  1.  David  Loring,  William  H.  Milton,  and  Samuel 
O.  Mead,  their  associates  and  successors,  are  hereby  made 
a  corporation,  by  the  name  of  the  Concord  Steam  Power 
Company,  for  the  purpose  of  manufacturing  and  printing 
cotton  and  woollen  goods,  and  furnishing  and  letting  steam 
power,  to  be  used  for  manufacturing  and  the  mechanic  arts 
in  the  town  of  Concord,  in  the  county  of  Middlesex,  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  one  hundred  thou- 
sand dollars,  and  the  whole  capital  stock  of  said  corpora- 
tion shall  not  exceed  the  amount  of  three  hundred  thousand 
dollars.     [Approved  by  the  Governor,  Feb.  26,  1845.] 

An  Act  to  authorize  George  C.  Thacher  to  extend  his  Wharf. 

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

George  C.  Thacher  is  hereby  authorized  to  extend  his 
wharf,  in  the  southerly  part  of  the  city  of  Boston,  to  the 
line  established  by  the  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  the  right 
to  lay  vessels  at  said  wharf,  and  receive  wharfage  and 
dockage  therefor :  provided,  that  so  much  of  said  wharf,  as 
shall  extend  beyond  low  water  mark,  shall  be  built  on  piles, 
and  that  the  provisions  of  this  act  shall  in  no  wise  affect 
the  legal  rights  of  any  corporations  or  persons  whatever. 
[App7oved  by  the  Governor,  Feb.  26,  1845.] 


1845. Chap.  76—79.  427 

An  Act  concerning  Alien  Passengers.  ChctVt  76. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  folloios : 

The  treasurer  of  every  town  and  city  in  this  Common-  Town  treasurers 
wealth,  shall  pay  into  the  treasury  of  the  Commonwealth,  o°fr^e%ip^i7rom 
the  sums  now  remaining  in  their  hands,  received  from  alien  alien  passengers 
passengers ;  and  said  town  and  city  treasurers  shall  annu-  mtoihe treasury 

11        ir  -1  1        n    Txrr  '•  i  oftheCommon- 

aliy,  hereatter,  m  the  month  oi  May,  pay  mto  the  treasury  wealth, 
of  the  Commonwealth,  all  balances  remaining  in  their  hands, 
under  the  provisions  of  the  two  hundred  and  thirty-eighth 
chapter  of  the  statutes  of  the  year  one  thousand  eight  hun- 
dred and  thirty-seven.  \Approved  by  the  Governor,  Feb. 
26,  1845.] 

An  Act  to  amend  an  Act  in  addition  to  the  several  Acts  concerning  the   Chctp.  11 . 

Militia. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam,e,  as  follows : 

Sect.  1.     An  act  in  addition  to  the  several  acts  concern-  Amendment  of 
ing  the  militia,  passed  the  fourteenth  day  of  March,  in  the  theacton844, 

^1  1-11  11  T    r  -r  ■     \  1         chap.  101,  bj'in- 

year  one  thousand  eight  hundred  and  lorty-iour,  is  hereby  serting  "  of  the 
amended  in  the  twelfth  section  thereof,  by  inserting  after  y^^'  ^^*o" 
the  word  "statutes"  the  words  "of  the  year  one  thousand 
eight  hundred  and  forty." 

Sect.  2.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  Feb.  26,  1845.]  ^''®'''- 

An  Act  concerning  Limited  Partnerships.  Choj).  78. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sa7ne,  as  folloivs : 

From  and  after  the  passage  of  this  act,  no  portion  of  the  Exception  to 
seventh  section  of  the  thirty-fourth  chapter  of  the  Revised  RevS^cTap^ 
Statutes  shall  be  so  construed,  as  to  require  any  firm  to  34,  ^7,  when  a 
insert  all  the  names  of  the  general   partners  in  the  style  of  ^™  <=°"^'^'.?,°^ 
the  firm,  when  a  firm  shall  consist  of  more  than  three  gen-  general  part- 
eral  partners.     [Approved  by  the  Governor,  Feb.  26,  1845.]  "^''^■ 

An  Act  relating  to  the  Fishery  in  Ipswich  River.  ChttJJ,   79. 

BE  it  enacted  by  the  Seiiate  and  House  of  Rejn-esenta- 
tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  owners  or  occupants  of  the  dam  at  the  Passage-way  to 
Ipswich  Manufacturing  Company's  Mill,  in  Ipswich,  their  be  made  for  fish 

'  ,  .        °,i,^-%.  .'  ^,        /•  t       within  SIX 

successors  and  assigns,  shall,  withm  six  months  irom  the  months,  over  a 
passage  of  this  act,  construct,  in  the  manner  prescribed  by  dani  across  ips- 
the   committee   hereinafter  named,   a  good  and   sufi5cient 
passage-wayfor  the  fish  to  pass  over  said  dam  up  Ipswich 


428 


1845.- 


•Chap.  79—81. 


and  to  be  kept 
open  annucdly 
from  April  10  to 
June  1,  under  a 
penalty  of  ^20 
for  each  day  of 
neglect,  &c. 


Committee  to 
direct  the  con- 
struction. 


Repeal  of  incon- 
sistent provis- 
ions. 


Chap,  80. 


Persons  incor- 
porated to  man- 
ufacture can- 
non, &.C.,  in 
Brighton. 


Real  estate  not 
to  exceed 
;g200,000,  and 
capital  stock 
^300,000. 


Chap.  81. 


Wharf  in  Bos- 
ton to  be  ex- 
tended to  a 
line,  &c. 


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. 

Sect.  2.  Solomon  Davis,  of  Truro;  Ohver  Ames,  of 
Easton;  John  Dunlap,  of  Provincetown;  James  Long,  of 
Harwich ;  Josiah  O.  Lawrence,  of  Cohasset ;  Caleb  Lom- 
bard, of  Wellfleet,  and  Richard  Stevens,  of  Truro,  are  here- 
by appointed  a  committee  for  the  purpose  named  in  the 
preceding  section. 

Sect.  3.  All  provisions  of  law,  inconsistent  with  this 
act,  are  hereby  repealed.  [Aj)proved  by  the  Governor,  Feb. 
26,  1845.] 

An  Act  to  incorporate  the  Steel  Cannon  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assem.bled,  and  by  the  aiithority  of 
the  same,  as  folloivs : 

Sect.  1.  Daniel  Treadwell,  Horace  Gray,  Francis  C. 
Lowell,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Steel  Cannon  Company,  for 
the  purpose  of  manufacturing  cannon,  and  any  machinery 
which  may  be  used  for  the  manufacture  thereof,  in  the  town 
of  Brighton,  in  the  county  of  Middlesex,  and,  for  tliis  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  Stat- 
utes. 

Sect.  2.  The  said  corporation  may  hold,  for  the  pur- 
poses aforesaid,  real  estate  to  the  amount  of  two  hundred 
thousand  dollars,  and  the  whole  capital  stock  of  said  cor- 
poration shall  not  exceed  the  sum  of  three  hundred  thou- 
sand dollars.     [Approved  by  the  Governor,  Feb.  26,  1845.] 

An  Act  to  authorize  Benjamin  V.  French  and  Moses  French,  junior,  to  extend 

their  "Wharf. 

BE  it  enacted  by  the  Senate  and  House  of  Represe?ita- 
iives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Benjamin  V.  French  and  Moses  French,  junior,  proprie- 
tors of  a  wharf  situate  and  fronting  on  Broad  street,  in  the 
city  of  Boston,  known  as  "Maine  wharf,"  are  hereby  au- 
thorized to  exiend  and  maintain  their  said  wharf  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  the  nineteenth 
day  of  April,  in  the  year  one  thousand  eight  hundred  and 


1845. Chap.  81—83.  429 

thirty-seven,  and  shall  have  the  right  to  lay  vessels  at  the 
sides  and  end  of  said  wharf,  and  to  receive  dockage  and 
wharfage  therefor  :  provided^  that  so  much  of  said  wharf  as  Provided,  &c. 
shall  be  erected  under  this  act,  shall  be  built  on  piles,  and 
that  this  act  shall  in  no  wise  aifect  the  legal  rights  of  any 
persons  or  corporations  whatever.  [Appioved  by  the  Gov- 
ernor, Feb.  27,  1845. J 

An  Act  to  increase  the  Capital  Stock  of  the  Nashua  and  Lowell  Rail-road   (J/idj),   32. 

Corporation.  *  * 

BE  it  enacted  by  the  Setiate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     The  Nashua  and  Lowell  Rail-road  Corporation  capital  stock 
are  hereby  authorized  to  increase  their  capital  stock  to  an  ™ay  be  lu- 
amount  not  exceeding  fifty  thousand  dollars,  by  creating  socTsharefof 
an  additional  number  of  shares,  not  exceeding  five  hundred  Sico. 
of  one  hundred  dollars  each,  for  the  purpose  of  constructing 
an  additional  track  to  that  part  of  their  road  lying  within 
this  Commonwealth. 

Sect.  2.  Said  additional  shares  shall  be  disposed  of  in  To  be  disposed 
such  manner  as  said  corporation  shall  determine,  and  be  uon'^and'^ass'^^ss- 
assessed  as  the  directors  shall  deem  expedient.  ed  by  directors. 

Sect.   3.     This  act  shall    take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  Feb.  27,  1845.]  ^'^^^^t- 

An  Act  to  aixthorize  Thomas  Richardson  to  extend  his  Wharf.  CJlClT)    83 

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

Thomas  Richardson,  proprietor  of  a  certain  wharf  called  Wharfin  Bos- 
Bull's  wharf,   situated  on  Broad  street,  near  the  end  of  |°"j^'^'^{„'',^,f 
Summer  street,  in  the  city  of  Boston,  is  hereby  authorized  line,  &c. 
to  extend  and  maintain  his   said  wharf   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  the  nineteenth  day  of  April, 
in  the  year  one  thousand  eight  hundred  and  thirty-seven, 
and  shall  have  the  right  to  lay  vessels  at  the  sides  and  end  of 
said  wharf,  and  to  receive  dockage  and  wharfage  therefor  : 
provided,  that  so  much  of  said  wharf,  as  shall  be  erected  Provided,  &c. 
under  this  act,  shall  be  built  on  piles,  and  that  this  act  shall 
in  no  wise  affect  the  legal  rights  of  any  corporations  or 
persons   whatever.     [Approved  by  the  Governor,  Feb.  27, 
1845.] 


430  1845. Chap.  84—87. 

Ghat)'  84.  ^^  ^^''^  relating  to  Charles  Kiver  and  Warren  Bridges. 

BE  it  enacted  by  the  Senate  arid  House  of  Representa- 
tives^ in  Gener'al  Court  assembled,  arid  by  the  authority  of 
the  sam.e,  as  follows  : 
Warrants  to  be  rpj^g  Govemor  is  hereby  authorized  to  draw  warrants, 
timeTotime,  from  time  to  time,  on  the  Charles  River  and  Warren  Bridge 
in  favor  of  the  Fund,  in  favor  of  the  agent  of  said  bridges,  as  the  same 
'igent.  may  be  needed  for  their  maintenance.     [Approved  by  the 

Governor,  Feb.  27,  1845.] 


Chap.  85. 


An  Act  to  establish  the  Cabot  Savings  Bank. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Persons  incor-  Sylvanus  Adams,  Rufus  Whittier,  and  R.  E.  Bemis,  their 
o°vme^ '°  ^^''"  3-SSOciates  and  successors,  are  hereby  made  a  corporation, 
by  the  name  of  the  Cabot  Savings  Bank,  to  be  estabhshed 
at  Cabotville,  in  the  county  of  Hampden,  with  all  the  pow- 
ers and  privileges,  and  subject  to  all  the  duties,  liabilities 
and  restrictions,  set  forth  in  the  thirty-sixth  chapter  of  the 
Revised  Statutes,  in  the  forty-fourth  chapter  of  the  acts 
passed  in  the  year  one  thousand  eight  hundred  and  forty- 
one,  and  in  all  other  laws  of  the  Commonwealth  relating  to 
institutions  for  savings.  [Approved  by  the  Governor,  Feb. 
27,  1845.] 

Chnn    Pfi     ^^  '^^'^  ^^  authorize  William  P.  Eddy  and  Daniel  B.  Eddy  to  extend  their 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Wharf  in  Som-      William  P,  Eddy  and  Daniel  B.  Eddy,  owners  of  a  cer- 
extend^d^so^      tain  wharf  situate  on  the  west  bank  of  Taunton  River,  in 
feet.  the  town  of  Somerset,  are  hereby  authorized  to  extend  and 

maintain  the  said  wharf  into  the  said  river  the  distance  of 
thirty  feet,  and  shall  have  a  right  to  lay  vessels  at  the  sides 
and  end  of  said  wharf,  and  to  receive  dockage  and  wharf- 
Provided,  Slc.  age  tlicrefor  :  provided,  that  this  act  shall  in  no  wise  affect 
the  legal  rights  of  any  persons  or  corporations  whatever. 
[Approved  by  the  Goveimor,  Feb.  28,  1845.] 

Chnn     Q"?     An  Act  to  authorize  Leonard  Chace  and  Benjamin  G.  Chace  to  extend  their 
K^nap.   O/.  Wharf. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  ; 
Wharf  in  Som-      Leonard  Chace  and  Benjamin  G,  Chace,  owners  of  a  cer- 
eSd'eYto^ie  ^^i"  wharf  situate  on  the  west  side  of  Taunton  Great  River, 
ship  channel.      in  the  tov/u  of  Somerset,  are  hereby  authorized  to  enlarge, 
extend  and  maintain  the  said  wharf  to  the  line  of  the  ship 


1845. Chap.  87—90.  431 

channel  in  said  river,  and  shall  have  the  right  to  lay  ves- 
sels at  the  sides  and  end  of  the  same,  and  receive  dockage 
and  wharfage  therefor:  j)rovided,  that  this  act  shall  in  no  Provided, Si,c. 
wise  affect  the  legal   rights  of  any  persons  or  corporations 
whatever.     [Approved  by  the  Governor^  Feb.  28,  1845. J 

An  Act  to  incorporate  the  Tremont  Iron  Company.  ChdV.   88. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follotcs  : 

Sect.  1.     Charles  L.  Hay  ward,  William  Thomas,  James  ^^r''^°°d  t'o"*^*"^' 
T.  Hay  ward,  their  associates  and  successors,   are  hereby  ufacture  *iron  ?n 
made  a  corporation,  by  the  name  of  "  Tremont  Iron  Com-  Wareham. 
pany,"  for  the  purpose  of  manufacturing  iron  in  the   town 
of  Wareham,  in  the  county  of  Plymouth  ;  and,  for  this  pur- 
pose, shall  have  all  the  powers  and  privileges,  and  be  sub- 
ject 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,  for  the  purposes  aforesaid,  ^^^'  ^^*^'®  ""^ 
may  hold  real  estate  to  the  amount  of  fifty  thousand  dol-  g50,ooo,  and 
lars ;  and  the  whole  capital  stock  of  said  corporation  shall  ^^,''^'^^0°*^'^ 
not  exceed  the  amount  of  one  hundred  and   fifty  thousand 
dollars.     [Approved  by  the  Governor,  Feb.  28,  1845.] 

An  Act  to  authorize  Thomas  Tileston  to  extend  his  "Wharf.  Chap.   89. 

BF  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, i?i  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Thomas  Tileston,   proprietor  of  a  certain  wharf  known  Wharf  in  Bos- 
as  Tileston's  wharf,   situate  and  fronting  on  Broad  street,  !°"."??' ''^•^^" 

1.  r-n-ii  .-1  -1  T    lendea  to  a  line 

m  the  city  oi  Boston,  is  hereby  authorized  to  extend  and  &c. 
maintain  said  wharf,  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  thou- 
sand eight  hundred  and  thirty-seven,  and  shall  have  the 
right  to  lay  vessels  at  the  sides  and  end  of  said  wharf,  and 
to  receive  dockage  and  wharfage  therefor  :  ^^roriWe^Z,  that  so  Provided,  &.c. 
much  of  said  vrharf  as  shall  be  erected  under  autiiority  of 
this  act  shall  be  built  upon  piles,  and  that  this  act  shall  in 
no  wise  affect  the  legal  rights  of  any  persons  or  corporations 
whatever.     [Approved  by  the  Governor,  Feb.  28,  1845.] 

An  Act  to  incorporate  the  Worcester  Aqueduct  Company.  ChctV'  90. 

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

Sect.  1.     The  inhabitants  of  the  Centre  School  District  ^["/rictln''""' 
in  the  town  of  Worcester,   in   the  county  of  Worcester,  as  Worcester  in- 


432  1845. Chap.  90. 

corporated  to     t^g  Hmits  of  Said  district  are  now  defined,  are  here.by  made 
aqueduct,  &c.    a  Corporation,  by  the  name  of  the  Worcester  Aqueduct  Com- 
pany, for  the  purpose  of  constructing  and  maintaining  an 
aqueduct   to   conduct  water  from    Bladder  pond,   in   said 
town,  to  said  district,  for  the  extinguishment  of  fires  within 
said  district,  and  for  other  uses,   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,  so  far  as  the  same  are  applicable  to  said  corpora- 
tion, and  not  inconsistent  with  the  provisions  of  this  act. 
Call  for  organi-      Sect,  2.     The  first  meeting  of  said  inhabitants  under  this 
mee^ilig.    "^^      ^ct,  may  be  called  by  any  justice  of  the  peace  for  said 
county  of  Worcester,   upon  application  in  writing  of  any 
five  of  said  inhabitants  qualified  to  vote  in  town  aff'airs, 
and  he  shall  give  written  notice  thereof,  setting  forth  the 
time,   place  and  purposes  of  said  meeting,  by  posting  said 
notice  in  at  least  six  public  places  in   said  district,  not  less 
than  seven  days  before  the  time  of  said  meeting,  and  by 
publishing  the  same  in  one  of  the  newspapers  printed  in 
said   Worcester,   before  said  meeting.      Said  justice  shall 
preside  at  said  meeting  until  a  moderator  is  chosen. 
Qualification  of      Sect.  3.     No  pcrsou  shall  be  allowed  to  vote  at  such 
meeting,  or  at  any  subsequent  meeting  of  said  corporation, 
except  the  inhabitants  of  said  district  qualified  to  vote  in 
town  affairs. 
Election,  duties,      Sect.  4.     Said  Corporation  shall  choose  a  clerk,  who  shall 
'^■'^  '^^^  ■      i)Q  sworn  to  the  faithful  discharge  of  the  duties  of  his  ofiice, 
by  the  moderator  in   open   meeting,  or  by  a  justice  of  the 
peace.     He  shall  make  a  fair  record  of  all  votes  passed  at 
any  meeting  orf  said  corporation,  and  certify  the  same  when 
required,   and  shall  hold  his  ofiice  until   another  clerk  is 
chosen  and  sworn  in  his  stead  :  provided,   thai   any  clerk 
may  resign  his  ofiice  or  be  removed  by  vote  of  the  corpora- 
Moderator  at      tion.     At  all  meetings  of  said  corporation  a  moderator  shall 
"^    '  °  ■  be  chosen,  who  shall  have  the  same  powers  as  the  modera- 

tor of  a  town  meeting. 
Call  and^organ-  Sect.  5.  Meetings  of  said  corporation,  after  the  first, 
""'  '"°"'  shall  be  called  by  the  clerk,  Avhenever  he  shall  be  required 
in  writing  by  the  committee  of  managers,  hereinafter  pro- 
vided for,  or  by  ten  of  the  inhabitants  of  said  district  qual- 
ified as  aforesaid,  and  he  shall  give  notice  of  every  such 
meeting,  by  posting  written  or  printed  notifications  thereof 
in  at  least  six  public  places  within  said  district,  not  less 
than  seven  days  prior  to  the  day  of  holding  the  same,  which 
notifications  shall  contain  a  brief  statement  of  the  matters 
to  be  acted  upon  at  said  meeting.  He  shall  also  publish 
such  notification,  in  at  least  one  of  the  newspapers  printed 
in  said  Worcester,  before  the  day  of  said  meeting.  The 
clerk  shall  preside  at  such  meetings  until  a  moderator  is 
chosen.     Tn  case  of  a  vacancy  in  the  office  of  clerk,  meet- 


ization  of  meet 
ings 


1845. Chap.  90.  433 

ings  shall  be  called  in  like  manner  by  the  committee  of 
managers,  who  shall  preside  in  his  stead. 

Sect.  6.     Said  corporation  may,  at  any  meeting  called  as  Assessment  and 
aforesaid,  vote  to  raise  money  for  the  accomplishment  of  towrofficers  of 
the  purposes  contemplated  by  this  act,  and  the  clerk  shall  taxes  voted  by 
certify  to  the  assessors  of  the  town  of  Worcester  aforesaid  '  ^  corporation, 
all  sums  of  money  which  shall  be  voted  to  be  raised  as 
aforesaid,  which  sums  shall  be  assessed  upon  the  polls  and 
estates  of  the  inhabitants  of  said  district,  and  collected  by 
the  officers  of  said  town,  in  the  same  manner  as  the  town 
taxes  are  assessed  and  collected,  and  shall  be  paid  over  by 
the  collector  of  the  town  taxes  to  the  treasurer  of  the  town, 
Avho  shall  hold  the  same,  subject  to  the  order  of  the  commit- 
tee of  managers  aforesaid.      The  assessors,  collector  and 
treasurer  of  said  town,   shall  have  the  same  powers,  per- 
form the  same  duties,  and  be  subject  to  the  same  liabilities, 
in  reference  to  the  assessment,  collection  and  keeping  the 
moneys  voted  by  said  corporation  as  aforesaid,  as  are  pro- 
vided in  reference  to  the  assessment,  collection  and  keeping 
of  moneys  raised  by  towns,  and  may  make  abatements  in 
the  same  manner. 

Sect.   7.     Said  corporation  shall  choose,    from  time  to  Custody  and 
time,  a  committee  of  five  managers,  who  shall  have  the  care,  eys''by^'a°Iom°"' 
custody  and  management  of  the  money  raised  as  aforesaid,  mittee  of  mana- 
and  other  funds  of  the  corporation,   and  shall  expend  the  f^^^p^]!*^"-^"^^ 
same  in   the  manner  prescribed  by  the  bye-laws  and  votes 
of  the  corporation  ;  and  such  committee  shall  be  accounta- 
ble to  the  corporation  for  all  money  so  intrusted  to  them. 

Sect.  8.     Said  corporation  may  dig  up  and  open  any  Corporation 
street  or  way  in  said  town,  for  the  purpose  of  placing  such  ^nYente°^pon 
pipes,  fixtures  and  other  appurtenances  of  said  aqueduct,  lands. 
as   may   be   necessary  for  constructing,   maintaining   and 
managing  the  same :  j^rovided^  that  the  convenient  passing  Provided,  &c. 
of  teams  and  carriages  is  not  prevented  thereby,  and  that 
any  injury  thus  done  to  any  street  or  way  shall  be  repaired 
by  said  corporation.     Said  corporation  may  also  enter  upon 
any  lands,  and  lay,  erect  and  maintain  all  such  pipes,  con- 
ductors of  water,  and  other  appurtenances  of  said  aqueduct 
as  may  be  necessary  for  the  purpose  aforesaid  ;  and  if  any 
proprietor,  or  person   interested  in  such   land,  do  not  agree 
with  said  corporation  upon  the  price  to  be  paid  for  such  use 
of  the  same,  such  proprietor,  or  person  interested,  may  have 
his  damages  assessed  in   the  manner  provided  in  the  one 
hundred  and  sixteenth  chapter  of  the  Revised  Statutes. 

Sect.  9.     Said  corporation  ma^'^  purchase  and   hold  real  Real  estate  not 
estate,  for  the  purposes  aforesaid,  to  the  amount  of  ten  thou-  ^'lo^uoo. 
sand  dollars  in  value. 

Sect.  10.     The  inhabitants  of  said  district  shall  be  liable  Liabilities  of 
for  all  the  acts,  proceedings  and  contracts  of  said  corpora-  SSj^s^of  the  Por- 
tion, in  the  same  way  and  manner,  and  by  the  same  reme-  poration. 
56 


434  1845. Chap.  90—92. 

dies,  as  the  inhabitants  of  towns  are  liable  for  the  acts, 
proceedings  and  contracts  of  towns  in  their  corporate  capa- 
city. 
Penalties  for  de-      Sect.  11.     Any  person  who  shall  maliciously  defile  or 
fn^°Sie\vater^*"  comipt  the  Waters  which  supply  said   aqueduct,   or  shall 
"  maliciously  injure  said  aqueduct,  or  any  of  its  appurtenan- 

ces, shall  forfeit,  for  each  offence,  a  sum  not  exceeding  one 
hundred  dollars,  to  the  use  of  said  town  of  Worcester,  and 
shall  also  be  liable  to  pay  treble  the  amount  of  damages 
sustained  by  said  corporation,  to  be  recovered  by  them  in 
an  action  on  the  case. 
When  to  take  Sect.  12.  Tliis  act  shall  uot  take  effect  until  the  same  is 
effect.  accepted  at  a  meeting  of  the  inhabitants  of  said  district, 

called  for  that  purpose,  by  a  majority  of  those  present  and 
voting  thereon.     [App}'ovcd  by  the  Gove?nor,  Feb.  28,  1S45.] 

Chnn    91        -^^  -^^"^  relating  to  the  Fishwaj-^  at  Manning's  Dam  across  Ipswich  River. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General   Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 
Passap-way  Sect.  1.     The  owucr  or  occupants  of  the  dam  erected 

made  oler^t  by  Thomas  Manning,  across  Ipswich  River,  his  assigns  or 
dam  in  Ipswich  succcssors,  may  construct,  in  the  manner  prescribed  by  the 
^^^'^'  committee  hereinafter  named,  a  good  and  sufficient  passage- 

Avay  for  the  fish  to  pass  over  said  dam  up  Ipswich  River ; 
and  the  said  owner  or  owners  shall  keep  said  passage-way. 


and  kept  open    or  cause  the  Same  to  be  kept  open,  and  in  good  repair,  from 

annually,  fro 
April   10  to 


A*""]  fo' *["'"    ^^^6  tenth  day  of  April  to   the  first  day  of  June,  annually, 


June  1.  under  a  penalty  not  exceedmg  twenty  dollars  for  each  and 

Penalty  of  S20  every  day  they  shall  neglect  so  to  do,   to  be  recovered  in 
nec'L^ct!  '^^^'^     ^"y  court  of  competent  jurisdiction,  to  the  use  of  the  town 

which  shall  sue  therefor. 
Committee  to         Sect.  2.     Solomou   Davis,   of  Truro ;    Oliver  Ames,   of 
direct  construe-  gastou ;  Johu  Duulap,  of  Proviucetown  ;  James  Long,  of 
Harwich ;  Josiah  O.  Lawrence,  of  Cohasset ;  Caleb  Lom- 
bard, of  Wellfleet ;    and  Richard  Stevens,   of  Truro;  are 
hereby  appointed  a  committee  for  the  purpose  named  in  the 
preceding  section. 
Repeal  of  for-        Sect.  3.     Whenever  a  fishway  shall  be  constructed  at 
«fnstru7ti^"    said  Manning's  Dam,  as  ordered  by  the  above  committee, 
all  former  laws  relating  to  fishways  at  said  dam  shall  be 
repealed.     [Approved  by  the  Governor,  Feb.  28,  1845. J 

Chnn    92    ^^  -^^""^  *°  authorize  the  Fall  River  Whaling  Companj'  to  extend  their  Wharf. 
BE  it  enacted  by  the  Senate  atid  House  cf  Representa- 
tives, in  General.  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloics  : 
Wharf  in  Fall        The  Fall  Rlvcr  Whaling  Company  are  hereby  authorized 
River  may  be    ^q  extend  and  maintain  their  wharf  in  the  town  of  Fall 


1 845. Chap.  92—95.  435 

River,  to  the  line  of  the  ship  channel  in  Taunton  River,  extended  to  the 
and  shall  have  a  right  to  lay  vessels  at  the  sides  and  end  "'"''  *=''^''°^'- 
of  said  wharf,  and  to  receive  dockage  and  wharfage  there- 
for:  provided^  that  this  act  shall  in  no  wise  affect  the  legal  Provided,  &c. 
rights  of  any  persons  or  corporations  whatever.     [App70ved 
hj  the  Governor^  Feb.  28,  1845.] 

An  Act  to  authorize  Samuel  Rodman  to  construct  a  Wharf.  ChftX)    93 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, i?i  GeJieral  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Samuel  Rodman,  owner  of  certain  lands  situate  on  the  ^'^.')^^^™^|!''»« 
east  shore  of  Taunton  Great  River,   in   the  town  of  Fall  RileMot^he 
River,   is  hereby  authorized  to  construct  and  maintain  a  ^'''P  channel, 
wharf,   westerly  from  said  lands   to   the  line  of  the  ship 
channel  in  said  river ;  and  shall  have   a  right  to  lay  ves- 
sels at  the  sides  and  end  of  said   wharf,   and  to  receive 
dockage  and  wharfage  therefor:  provided,  that  this  act  shall  Provided,  &.c. 
in  no  wise  affect  the  legal  rights  of  any  persons  or  corpora- 
tions whatever.     [Approved  by  the  Governor,  Feb.  28,  1845.] 

An  Act  to  the  change  the  Name  of  the  Second  Universalist  Society  in  Qhan,  94 

Gloucester.  "'         * 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follotvs  : 

Sect.  1.     "The  Second  Universalist  Society  in  Glouces-  May  take  the 
ter"  shall  be  known  and  called  by  the  name  of  the  First  FiJ^funive^rsai- 
Universalist  Society  in  Rockport,   and  as  such  shall  hold  ist  Society  in 
and  possess  all  the  property,  and  be  entitled  to  all  the  rights  ^ockpon,  <fec. 
and  privileges,  and  subject  to  all  the  liabilities,  of  said  Sec- 
ond Universalist  Society. 

Sect.  2.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  Feb.  28,  1845.]  ^^'^*^'' 

An  Act  to  incorporate  the  Ashburnham  Reservoir  Company.  Chttp.  95. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, iti  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     Jacob  Osgood,   Amos  Tayler,   George   Black-  Persons incor- 
burn,   their  associates  and  successors,  are  hereby  made  a  st'^dc't^  &'".  a°°' 
corporation,  by  the  name  of  the   "Ashburnham  Reservoir  reservoir,  fcc. 
Company,"  for  the  purpose  of  constructing,  supporting  and  '°  Ashburnham. 
occupying  a  reservoir  of  water  by  means  of  dams,  in  the 
town  of  Ashburnham,  in  the  county  of  Worcester,  for  the 
supply  of  mills  situated  on  the  stream  below  said  reservoir, 
with   all   the  powers  and    privileges,  and  subject  to  all  the 
duties,  restrictions  and   liabiHties,   set  forth  in   the  thirty- 
eighth  and  forty-fourth  chapters  of  the  Revised  Statutes. 

Sect.  2.      Said   corporation   may   hold,    for  the  purpo-  Real  estate  not 


436 


1845.- 


-Chap.  95—98. 


Wharf  in  Bos 
ton  may  be 
extended  to  a 
line,  &c. 


toex&eed  ges  aforesaid,  real  estate  to  the  amount  of  ten  thousand 
capital  stock  dollars  ;  and  the  whole  amount  of  the  capital  of  said  com- 
;gi2,ooo.  pany  shall  not  exceed  twelve  thousand  dollars.     [Approved 

by  the  Governor^  Feb.  28,  1845.] 

Chat)    96     '^^  ^^^  ^°  authorize  the  South  Boston  Iron  Company  to  extend  their  "Wharf. 

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

The  South  Boston  Iron  Company  are  hereby  authorized 
to  extend  and  maintain  their  wharf,  situate  in  the  southerly 
part  of  the  city  of  Boston,  lying  between  Thacher's  wharf 
and  Coney's  wharf,  to  the  line  established  by  an  act  of  the 
Legislature,  passed  on  the  nineteenth  day  of  April,  in  the 
year  one  thousand  eight  hundred  and  thirty-seven,  entitled 
"  an  act  to  preserve  the  harbor  of  Boston,  and  to  prevent 
encroachments  therein,"  and  shall  have  the  privilege  of 
laying  vessels  at  the  sides  and  end  of  said  wharf,  and  of 
receiving  wharfage  and  dockage  therefor  :  provided,  that 
so  much  of  said  wharf  as  shall  be  erected  under  this  act, 
extending  from  low  water  mark  to  the  above-named  line, 
shall  be  built  on  piles,  and  that  this  act  shall  in  no  wise 
affect  the  legal  rights  of  any  persons  or  corporations  what- 
ever.    [Approved  by  the  Governor,  Feb.  28,  1845. j 


Provided,  &c. 


Chap.  97. 


Incorporation 
continued,  pro- 
vided any  sec- 
tion of  the  road, 
&c.  is  comple- 
ted before 
March  15th, 
1847. 


An  Act  relating  to  the  Vermont  and  Massachusetts  Rail-road  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  arid  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  So  much  of  the  third  section  of  an  act  entitled 
an  act  to  incorporate  the  Vermont  and  Massachusetts  Rail- 
road Company,  passed  March  15th,  in  the  year  one  thou- 
sand eight  hundred  and  forty -four,  as  provides  that  if  said 
company  shall  not  complete  their  road,  from  the  termina- 
tion of  the  Fitchburg  Rail-road  as  far  as  Baldwinville, 
within  three  years  from  the  date  of  said  act,  is  hereby  re- 
pealed, provided  any  section  of  their  road  between  Fitch- 
burg and  Athol,  shall  be  completed  within  said  three  3/ears 
of  like  extent. 

Sect.  2.  This  act  shall  not  take  effect  until  accepted  at 
a  legal  meeting  of  the  Vermont  and  Massachusetts  Rail- 
road Company.     [Approved  by  the  Governor,  Feb.  28,  1845.] 

98.  -An  Act  to  authorize  WiUiam  H.  Prentice  to  extend  his  Wharf. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, hi  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
S'mly'be*'^'        William  H.  Prentice,  proprietor   of  a  wharf  situate  and 
extended  to  the  fronting  on  Broad  street,   in   the  city  of  Boston,   between 
line,  &c.  Russia  and  Tileston's  wharves,  is  hereby  authorized  to  ex- 


Act  to  take  ef- 
fect when  ac- 
cepted by  cor- 
poration. 


Chap. 


1 845. Chap.  98—101 .  437 

tend  and  maintain  his  said  wharf  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  encroach- 
ments therein,"  passed  on  the  nineteenth  day  of  April,  in 
the  year  one  thousand  eight  hundred  and  thirty-seven,  with 
the  same  rights  and  privileges  in  said  wharf,  so  extended, 
as  he  now  legally  has  and  enjoys:  provided^  that  so  much  Provided, &c. 
of  said  wharf  as  shall  be  erected  under  this  act,  shall  be 
built  on  piles,  and  that  this  act  shall  in  no  wise  affect  the 
legal  rights  of  any  persons  or  corporations  whatever,  [Ap- 
proved by  the  Governor^  Feb.  28,  1845.] 

An  Act  to  establish  the  Cohasset  Savings  Bank.  ChdJ)'  99. 

£E  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  autliority  of 
the  same,  as  follows : 

Paul  Pratt,  Henry  J.  Turner  and  John  Bates,  their  asso-  Persons  incor- 
ciates  and  successors,  are  hereby  made  a  corporation,  by  hasseu  '"  °' 
the  name  of  the  Cohasset  Savings  Bank,  to  be  established 
in  the  town  of  Cohasset,  in  the  county  of  Norfolk,  with  all 
the  powers  and  privileges,  and  subject  to  all  the  duties, 
liabilities  and  restrictions,  set  forth  in  the  thirty-sixth  chap- 
ter of  the  Revised  Statutes,  in  the  forty-fourth  chapter  of 
the  acts  passed  in  the  year  one  thousand  eight  hundred  and 
forty-one,  and  in  all  other  laws  of  the  Commonwealth  relat- 
ing to  the  institutions  for  savings.  [App?^oi'ed  by  the  Gov- 
ernor, Feb.  28,  1845.J 

An  Act  concerning  the  Distribution  of  School  Returns  and  other  Documents   Chcfp  1 00. 
and  Papers  relating  to  Schools. 

jBF  it  enacted  by  the  Senate  arid  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

It  shall  be  the  duty  of  the  Secretary  of  the  Common-  School  docu- 
wealth  to  cause  the  blank  school  returns  and  registers,  the  Iributed^by'the^' 
abstract  of  school  returns,  and  the  report  of  the  Secretary  of  Secretary  to  the 
the  Board  of  Education,  when  the  same  shall  be  received  by  thTsheViffs  to^ 
him,  to  be  forwarded  to  the  sheriffs  of  the  several  counties  the  town  doks. 
for  distribution  ;  and  it  shall  be  the  duty  of  the  sheriffs  to 
forward  the  same  to  the  town  clerks  of  the  several  towns, 
within  their  counties  respectively;  and  the  sheriffs  shall  be  Compensation 
entitled  to  receive,  for  such  distribution,  three  cents  lor  each  °f '^e  sheriffs, 
copy  so  distributed,  to  be  paid  by  the  State  treasurer.     [Ap- 
proved by  the  Governor,  March  4,  1845. J 

An  Act  to  reduce  the  Capital  Stock  of  the  Merchants  Bank,  in  Salem.         ChoD  101 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives,  in  General  Court  assembled,  atid  by  the  authority  of 
the  same,  as  follows  : 

Sect.    1.     From  and  after  the  eighth  day  of  March  next,  Capital  may 


438  1845. Chap.  101—102. 

^20o1)0(rafte*r  *^^  president,  directors  and  company  of  the  Merchants 
March  8,']845,  Bank,  in  Salem,  are  hereby  authorized  to  reduce  their  cap- 
whenacommis-  [^q]  stock  to  the  sum  of  two  hundred  thousand  dollars  :  pro- 
havl certified,  vided,  that  uo  dividend  of  any  part  of  the  present  capital 
<^c.  stock  shall  be  made,  nor  shall  any  reduction  take  place, 

until  a  commissioner,  to  be  appointed  by  the  Governor  and 
Council  for  that  purpose,  at  the  expense  of  said  corporation, 
shall  have  certified  in  writing  to  the  Governor  and  Council, 
after  due  examination,  that  the  said  corporation  has  suffi- 
cient funds  for  the  payment  of  all  notes,  bills,   deposits, 
and  other  demands  existing  against  it ;  and  that  after  pay- 
ment thereof,  and  the  repayment  to  its  stockholders  of  such 
sum  on  each  share  of  said  stock,  as  said  commissioner  shall 
judge  may  be  paid,  that  the  net  sum  of  two  hundred  thou- 
sand dollars  will  remain  in  said  bank  as  capital  stock  in 
funds  available  for  all  usual  and  proper  banking  purposes. 
Reduction  to  be      Sect.  2.     The  reduction  of  the  capital  stock  of  the  said 
cinffdie^hTres'  bank  shall  be  made  by  reducing  the  par  value  of  the  shares 
to^50,&c.        in  the  same,  from  one  hundred  dollars  to  fifty  dollars  per 
share,  and  refunding  to  the  holders  of  the  stock,  the  differ- 
ence ascertained  by  the  said  commissioner,  in  the  manner 
before  provided. 
Tax  to  be  levied      Sect.  3.     From  and  after  the  said  eighth  day  of  March 
UHMa^rdiT      ncxt.  pvcvious  to  which  time  the  commissioner  herein  pro- 
1845,  and  till  a   vided  foi",  shall  make  and  deliver  his  certificate  to  the  Gov- 
S^imve're'-     t-mor  and  Council  as  aforesaid,  all  the  rights,  duties  and 
ported.  liabilities  of  the  said  bank,  shall  have  relation  to,  and  be 

governed  by  said  reduced  capital  stock  of  two  hundred 
thousand  dollars.  And  until  the  said  eighth  day  of  March 
next,  and  the  said  certificate  shall  have  been  made  and  de- 
livered as  aforesaid,  the  said  bank  shall  continue  to  pay 
into  the  treasury  of  the  Commonwealth,  the  tax  required 
by  law  to  be  paid  on  the  present  capital  of  said  bank.  And 
nothing  contained  in  this  act  shall  be  construed  to  afl!ect 
the  liability  of  the  corporation  or  of  the  individual  stock- 
holders, as  established  by  the  act  -incorporating  the  said 
bank,  and  the  several  acts  in  addition  thereto. 
When  to  take  Sect.  4.  This  act  shall  take  effect  from  and  after  its 
^  ^*^''  passage.     [Approved  by  the  Governor,  March  5,  1845.] 

Chap  1 02.        An  Act  to  incorporate  the  Worcester  and  Nashua  Rail-road  Company. 

BE  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Persons  incor-        gg^T.   1.     Johu    Davis,   Stephen   Salisbury,  William  A. 

pora.tecl  to  /  i  j  / 

build,  &c.,  a  Wheeler,  their  associates  and  successors,  are  hereby  made  a 
raii-road.  Corporation,  by  the  name  of  the  Worcester  and  Nashua  Rail- 

road Company,  with  all  the  powers  and  privileges,  and 
subject  to  all  the  duties,  liabilities,  and  restrictions,  con- 
tained in  the  forty-fourth  chapter  of  the  Revised  Statutes, 


/ 


1846. Chap.  102.  439 

and  in  that  part  of  the  thirty-ninth  chapter  of  said  statutes 
which  relates  to  rail-road  corporations,  and  in  the  public 
statutes  subsequently  passed  relating  to  such  corporations. 

Sect.  2.  Said  corporation  is  hereby  empowered  and  au-  Location  of 
thorized  to  locate,  construct,  and  maintain  a  rail-road  with  ^°^^' 
one  or  more  tracks,  from  Worcester  towards  Nashua,  in  the 
state  of  New  Hampshire,  to  the  line  of  said  state  of  New 
Hampshire,  beginning  at  some  convenient  point  on  the 
Boston  and  Worcester  Rail-road,  or  on  the  Worcester 
Branch  Rail-road,  or  on  the  Norwich  and  Worcester  Rail- 
road, in  the  town  and  county  of  Worcester,  and  thence  to 
cross  the  south  branch  of  the  Nashua  river,  by  the  best 
route  and  at  the  most  convenient  and  suitable  place  any- 
where in  the  towns  of  Sterling,  West  Boylston  or  Boylston, 
above  Scaur  bridge  in  said  Boylston,  and  thence  by  the 
most  convenient  and  useful  route  in  the  direction  of  Nashua, 
crossing  the  Boston  and  Fitchburg  Rail-road,  and  thence 
by  such  route  and  in  such  direction  to  the  State  line,  where 
it  can  be  best  united  with  a  rail-road  from  said  Nashua  to 
said  State  line.  And  said  corporation,  in  selecting  and  de- 
fining such  route,  may  pass  through  such  of  the  following 
towns  as  they  shall  deem  expedient,  to  wit :  Worcester, 
Holden,  West  Boylston,  Sterling.  Boylston,  Shrewsbury, 
Lancaster,  Bolton,  Harvard,  Shirley,  Groton,  Pepperell, 
Dunstable,  Leominster,  Lunenburg,  Stow,  Acton,  Boxbo- 
rongh,  Littleton  and  Townsend,  all  within  this  Common-  ^ 
wealth:  provided,  however,  that  said  corporation  shall  not  Provided, ^z. 
enter  upon  or  pass  over  with  any  car,  any  part  of  said  Bos- 
ton and  Worcester  Rail-road,  which  lies  east  of  the  Deep- 
cut,  so  called,  in  Worcester,  without  the  consent  of  the 
directors  of  the  Boston  and  Worcester  Rail-road  Corpora- 
tion. 

Sect.  3.     The  capital  stock  of  said  corporation  shall  con-  capital  stock 
sist  of  not  more  than  fifteen  thousand  shares,  the  number  '4°/ ^nrfnnn®^ 
of  which  shall  be  determined,  from  time  to  time,  by  the  di-  shares  W  J: ioo. 
rectors  thereof,  and    no  assessment  shall  be  laid   thereon 
to  a  greater  amount  in  the  whole,  than  one  hundred  dollars 
on  each  share. 

Sect.  4.  Said  corporation  may  take,  purchase  and  hold  Estate,  real 
such  real  estate  on  the  line  of  their  road,  and  purchase  and  ^"^  pfsonai. 
hold  such  cars,  materials,  engines  and  other  property,  as 
may  be  necessary  and  convenient  for  depots,  for  the  use  of 
said  road,  for  the  transportation  of  persons,  goods,  and  mer- 
chandise, and  for  the  management  of  the  corporate  busi- 
ness. 

Sect.  5.     Said  corporation  may  enter  with  their  rail-road  May  enter  upon 
by   proper   turnouts  and  switches,  upon   the   Boston   and  roads'^Seo', 
Worcester  Rail-road,   subject  to  the  proviso  contained  in  &c,  ' 
the  second  section,  upon  the  Norwich  and  Worcester  Rail- 


440  1846 Chap.  102. 

road,  and  the  Worcester  Branch  Rail-road,  at  any  conve- 
nient point  in  the  town  of  Worcester,  west  of  the  Deep-cut 
aforesaid  :  and  may  use  said  rail-roads  or  any  part  thereof, 
paying  therefor  such  rate  of  toll  or  compensation,  as  the 
Legislature  may,  from  time  to  time,  prescribe,  or  that  may 
be  fixed  under  the  provisions  of  any  general  law  of  this 
Commonwealth,  and  complying  with  such  reasonable  rules 
and  regulations,  as  may  be  established  by  said  Boston  and 
Worcester,  Norwich  and  Worcester,  and  Worcester  Branch 
Rail-road  Corporations. 

And  said  corporation  may,  in  like  manner,  and  under  the 
same  provisions  and  restrictions,  enter  with  their  rail-road 
upon  the  Fitchburg  Rail-road,  at  the  place  where  their  road 
crosses  the  same :  provided,  however,  that  said  corporation 
shall  not  enter  upon  either  of  the  rail-roads  of  said  other 
corporations,  in  this  section  mentioned,  with  any  motive 
power,  unless  the  said  road  or  either  of  them,  shall  refuse 
to  draw  over  their  road  or  any  part  thereof,  the  cars  of  said 
Worcester  and  Nashua  Rail-road  Company ;  and  then  it 
shall  so  enter  only  upon  the  road  of  the  corporation  so  re- 
fusing to  draw  over  their  road,  the  cars  of  the  Worcester 
and  Nashua  Rail-road  Corporation. 
Road  to  be  Sect.  6.     If  Said  corporation  shall  not,  within  three  years, 

located  &c.       flig  g,  location  of  their  route  in  the  manner  required   by 
and  completed    law,  and  shall  uot,  ill  building,  construct  as  rapidly  and  as 
within  6,  &c.      much  ill  length  of  their  road,  between  the  southern  terminus 
and  the  Fitchburg  Rail-road,  as  may  be  constructed  be- 
tween said  Fitchburg  Rail-road  and  the  State  line,   and 
shall  not,  within  six  years,  complete  the  whole  road  so  far 
that  it  shall  be  opened  for  use,  then  this  act  shall  be  void. 
The  Legislature      Sect.  7.     The  Legislature  may,  after  five  ^^ears  from  the 
tons  &.C  after' ^'"^^  ^^'^'^^  ^'^^'^  road  shall  be  opened  for  use  throughout, 
5  years;  pro-     from  time  to  time,  reduce  the  rate  of  tolls  and  other  profits 
vided,&Lc..         upon  the  Same  ;  but  without  the  consent  of  said  company, 
they  shall  not  be  so  reduced  as  to  yield  less  than  ten  per 
cent,  per  annum  to  the  stockholders. 
The  Legislature      Sect.   S.     The  Legislature  may  authorize  any  corpora- 
!?.^L!^"K'^°".r    tion  to  enter  with  another  rail-road  at  any  point  of  the  rail- 

its  use  by  other  i     ,  ,  .        •        n  ■  ,-  i  ■    i  i 

companies.        road  hereby  authorized,  paying  tor  the  right  to  use  the 

same,  or  any  part  thereof,  such  rate  of  toll  or  compensation 

as   the  Legislature  may,  from  time  to  time,  prescribe,  and 

complying  with  such  rules  and  regulations  as  said  Nashua 

and  Worcester  Rail-road  Company  may  lawfully  establish : 

Provided,  &c.    provided,  Iioioever,  that  no  other  corporation  shall  enter  upon 

said  road  with  any  motive  power,  unless  ihe  said  company 

shall   refuse  to  draw  over   their  road,  or  any  part  thereof, 

the  cars  of  said  road  so  authorized  to  enter  upon  their  road. 

May  be  united        Sect.  9.     Said  Worcester  and  Nashua  Rail-road  Com- 

with  the  Nashua  pany  are  hereby  authorized  to  unite  with   the  Nashua  and 

Company.         Grotoii   Rail-road  Company,    which    was  incorporated  by 


1845. Chap.  102.  441 

the  Legislature  of  New  Hampshire,  to  build  a  road  from 
Nashua  to  the  State  line,  at  the  northern  terminus  of  said 
Worcester  and  Nashua  Road ;  and  when  the  two  compa- 
nies shall  have  so  united,  the  stockholders  of  the  one  com- 
pany shall  become  the  stockholders  of  the  other  company, 
and  the  two  companies  shall  constitute  one  corporation,  by 
the  name  of  the  VVorcester  and  Nashua  Rail-road  Company, 
and  the  franchise,  property  and  power  acquired  under  the 
authority  of  said  States  respectively,  shall  be  held  and  en- 
joyed by  all  the  stockholders,  in  proportion  to  the  number 
of  shares  or  amount  of  property  held  by  them  respectively, 
in  either  or  both  of  said  corporations. 

Sect.  10.     One  or  more  of  the  directors,  or  other  officers  One  officer  of 
of  said  united  corporations,  shall,  at  all  times,  be  an  inhab-  ^^t^^  company 

r-    ,  ■     ^         ^  ,  '   ,  '  .  to  be  an  inhab- 

itant  01  this  Commonwealth,  on  whom  process  agamst  said  itant  of  Massa- 
company  may  be  legally  served,  and  said  company  shall  be  chusetts,  &c. 
held  to  answer  in  the  jurisdiction,  where  the  service  is  made 
and  the  process  is  returnable. 

Sect.  11.     Said  company  shall  keep  separate  accounts  of  Accounts  of 
their  expenditures  in  Massachusetts  and  New  Hampshire  MasTathusetts" 
respectively,  and  two  commissioners  shall  be  appointed,  one  and  New 
by  the  governor  of  each  State,  to  iiold  their  offices  for  the  J^eTepfdistbct 
term  of  three  years,  and  to  be  reasonably  compensated  by  a  commissioner 
said  company,  who  shall  decide  what  portion  of  all  expen-  to  be  appointed, 
ditures  of  said  company,  and  of  its  receipts  and  profits  pro-  state" tTdeter- 
perly  pertain  to  that  part  of  the  road  lying  in  Massachusetts  minepropor- 
and  in  New  Hampshire  respectively,  and  the  annual  report  se°s°^rece^pt^Tnd 
required  to  be  made  to  the   Legislature  of  this  Common-  profits. 
wealth,  shall  be  approved  by  the  commissioners. 

Sect.  12.     Said  company  and  the  stockholders  therein,  Corporation  to 
so  far  as  their  road  shall  be  situated  in  Massachusetts,  shall  l''^  subject  to 

1  1  •  11      1        1       •  1    1-    1  •!■    •  /•     .       -ITT  '^^^s  of  Massa- 

be  subject  to  all  the  duties  and  liabilities  of  the  Worcester  chusetts,  &c., 
and  Nashua  Rail-road  Company,  created  by  the  provisions  f'P''.*^  much  of 
of  this  act  and  the  laws  of  the  State,  to  the  same  extent  lies  therein, 
that  the  Worcester  and  Nashua  Company  would  have  been 
liable  if  no  union  had  taken  place. 

Sect.  13.     The  provisions  contained  in  the  four  preced-  Parts  of  this 
ing  sections,  shall  not  take  effect  until  the  Legislature  of  efffecrtiu  after^ 
New  Hampshire  shall  have  passed  an  act  containing  similar  certain  action  of 
provisions,  nor  until  said  provisions  shall  have  been  accept-  ^treanTJIfthe 
ed  by  the  stockholders  of  said  two  corporations  respectively,  corporations, 
at  legal  meetings  called  for  that  purpose. 

Sect.   14.     Said  corporation  may  purchase  or  hire  the  Corporation 
Worcester   Branch  Rail-road,  and  use  the  same,  and  may  fcc^^th^Wor-' 
receive  a  conveyance  thereof,  and  of  its  franchise,  rights,  cester  Branch 
powers   and    privileges,    subject  to  the   restrictions   of   its  coTpo'rTtfo'n  of 
charter,  upon  such  terms  as  may  be  mutually  agreed  upon  which  shall  then 
by  the  directors  of  the  two  corporations;   and  in  case  of  be  merged,  &c. 
such  purchase  and  conveyance,  the  said  Worcester  Branch 
57 


442 


1845.- 


-Chap.  102—104. 


Wlien  to  take 
effect. 


ChapWS. 


Persons  incor- 
porated to 
promote  tem- 
perance. 


Estate  not  to 
exceed  §50,000. 

Income  to  be 
appropriated, 
&c. 

May  receive 
bequests  made 
to  the  private 
association  of 
the  same  name. 

When  to  lake 
effect. 


Rail-road  Corporation  shall  be  merged  in  the  corporation 
created  by  this  act. 

Sect.  15.  This  act  shall  take  eifect  from  and  after  its 
passage.     [App7'oved  by  the  Governor^  March  5,  1845.] 

An  Act  to  incorporate  the  Massachusetts  Temperance  Society. 

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

Sect.  1.  John  C.  Warren,  Moses  Grant,  Walter  Chan- 
ning,  Stephen  Fairbanks,  Henry  Edwards,  Charles  Brown, 
their  associates  and  successors,  are  hereby  made  a  corpora- 
tion, by  the  name  of  the  Massachusetts  Temperance  Society, 
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  take  and  hold  real 
and  personal  estate,  to  an  amount  not  exceeding  fifty  thou- 
sand dollars:  provided,  that  the  annual  income  thereof  shall 
be  appropriated  to  the  purpose  of  promoting  the  cause  of 
temperance. 

Sect.  3.  The  said  corporation  shall  be  capable  in  law  to 
receive  any  bequest  heretofore  made  or  given  to  the  associ- 
ation heretofore  known  as  the  Massachusetts  Temperance 
Society. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  5,  1845.] 


C/tap  104. 


Persons  incor. 
porated  to  man- 
ufacture cotton 
foods  in 
'itchburg. 


Real  estate  not 
to  exceed 
g30,000,  and 
capital  stock 
^100,000. 


An  Act  to  incorporate  the  Crocker  Mills. 

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

Sect.  1.  .Tohn  A.  Carpenter,  John  P.  W>]ch,  Alvah 
Crocker,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  "Crocker  Mills,"  for  the  pur- 
pose of  manufacturing  cotton  goods,  in  the  town  of  Fitch- 
burg,  in  the  county  of  Worcester,  and,  for  this  purpose,  shall 
have  all  the  powers  and  privileges,  and  be  subject  to  ail  the 
duties,  restrictions  and  liabiUties,  set  forth  in  the  thirty- 
eighth  and  forty-fourth  chapters  of  the  Revised  Statutes. 

Sect.  2.  Said  corporation  may  hold,  for  the  purpo- 
ses aforesaid,  real  estate  to  the  amount  of  thirty  thousand 
dollars,  and  the  whole  capital  stock  shall  not  exceed  the 
sum  of  one  hundred  thousand  dollars.  [Approved  by  the 
Governor,  March  5,  1845.] 


1845. Chap.  105—107.  443 

An  Act  establishing  the  Salaries  of  the  First  and  Second  Clerks  in  the  Office  QfiCtp  1 05. 
of  the  Treasurer  and  Receiver  General  of  the  Commonwealth.  -* 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, iti  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

From  and  after  the  first  day  of  April,  in  the  year  one  f f Qo'?f !/° ''^ 
thousand  eight  hundred  and  forty-five,  the  first  and  second  iprU  i,  1845. 
clerks  in  the  office  of  the  Treasurer  and  Receiver  General 
shall  each  receive  a  salary  of  one  thousand  dollars  a  year; 
and  the  salaries  of  said  clerks  shall  be  payable  quarterly ; 
and  said  sum  shall  be  in  full  for  all  services  to  be  rendered 
in  said  office.     [Approved  by  the  Governor,  March  5,  1845.] 


Chap  106. 


An  Act  to  repeal  the  Charter  of  the  Phoenix  Bank  in  Charlestown. 

BE  it  etiacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assemhled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect,  1.     The  act  entitled  an  act  to  incorporate  the  Pres-  Repeal  of  char- 
ident,    Directors  and  Company  of   the  Phoenix   Bank,  in  uJn^°ac*t.  ^    '' 
Charlestown,    passed    March   thirteenth,    in   the   year  one 
thousand  eight  hundred  and  thirty-two,   and   also   the  act 
entitled  an  act  to  increase  the  capital  stock  of  the  Phoenix 
Bank,  passed  March  thirty-first,  in  the  year  one  thousand 
eight  hundred  and  thirty-six,  are  severally  hereby  repealed  : 
provided,  that  nothing  in  this  act  shall  be  so  construed  as  to  Provided,  &c. 
absolve  the  said  corporation,  or  any  director  or  stockholder 
thereof,   from  any  liability  or  penalty  created  by  the  acts 
hereby  repealed,  or  by  any  other  act,  or  statute,  or  statutes 
of  this  Commonwealth. 

Sect.  2.     The  receivers  of  the  said  Phoenix  Bank,   here-  ^.^ceivers, &c. 

^  •  T    1         ,  •     T    •    1  1  t°  have  the 

toiore  appomted   by  the  supreme  judicial  court,   and  any  same  powers, 
other  receivers  who  may  be  appointed  in  their  place,  shall  "^c.,  and  to  be 

J  X.  L  1.  '  continued  3t  tnc 

have  the  same  powers,  in  all  respects,  as  though  they  had  discretion  of  the 
been   appointed  under  the  provisions  of   the   forty-fourth  Supreme  Court, 
chapter  of  the  Revised  Statutes,  and  such  powers  may  be 
continued  as  long  as  the  said  court  shall  deem  necessary. 

Sect.  3.     This  act  shall   take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  6,  1845.] 

An  Act  to  Apportion  and  Assess  a  Tax  of  Seventy-five  Thousand  Dollars,     (^ftnt}  1 07 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assem,bled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  Kach  city,  town,  district  or  other  place,  herein- 
after named,  within  this  Commonwealth,  shall  be  assessed 
and  pay  the  several  sums  with  which  they  stand  respect- 
ively charged  in  the  following  Schedule  : 


444 


1845.- 


-Chap.  107. 


COUNTY  OF  SUFFOLK. 

Boston,  Twenty-five  thousand  four  hundred  eighty- 

eight  dollars  and  seventy-five  cents, 

Chelsea,  One  hundred  eighty  dollars  and  seventy- 

five  cents. 


COUNTY  OF  ESSEX. 

Amesbury,  One  hundred  sixty-one  dollars  and  twenty- 

five  cents, 
Andover,  Three  hundred  eighty-four  dollars  and  sev- 

enty-five cents, 
Beverly,  Three  hundred  forty-two  dollars  and  sev- 

enty-five cents, 
Boxford,  Ninety-eight  dollars  and  twenty-five  cents, 

Bradford,  One  hundred  and  fourteen  dollars, 

Danvers,  Four  hundred  eighty-four  dollars  and  fifty 

cents, 
Essex,  One  hundred  and  seventeen  dollars, 

Georgetown,       Ninety-four  dollars  and  fifty  cents, 
Gloucester,  Two  hundred  forty-nine  dollars  and  sev- 

enty-five cents, 
Hamilton,  Sixty-one  dollars  and  fifty  cents, 

Haverhill,  Three  hundred  twenty-two  dollars  and  fifty 

cents, 
Ipswich,  Two  hundred  five  dollars  and  fifty  cents, 

Lynn,  Three  hundred    eighty-three   dollars    and 

twenty-five  cents, 
Lynnfield,  Forty-two  dollars  and  seventy-five  cents, 

Manchester,        Ninety  dollars, 
Marblehead,       Four   hundred   twenty-seven   dollars    and 

fifty  cents, 
Methuen,  One  hundred  and  fifty-three  dollars, 

Middleton,  Fifty-four  dollars  and  seventy-five  cents, 

Newbury,  Two  hundred  forty-three  dollars  and  seven- 

ty-five cents, 
Newburyport,    Seven  hundred  eighty-six  dollars  and  sev- 
enty-five cents, 
Rockport,  One  hundred  two  dollars  and  seventy-five 

cents, 
Rowley,  Sixty-seven  dollars  and  fifty  cents, 

Salem,  Two   thousand    four   hundred   forty-three 

dollars  and  fifty  cents, 
Salisbury,  One  hundred  ninety-one  dollars  and  twen- 

ty-five cents, 
Saugus,  Fifty-nine  dollars  and  twenty-five  cents, 

Topsfield,  Ninety-eight  dollars  and  twenty-five  cents, 

Wenham,  Fifty-two  dollars  and  fifty  cents, 

West  Newbury,  One  hundred  twenty-four  dollars  and  fifty 
cents. 


1845. 


-Chap.  107. 


443 


Acton, 

Ashby, 

Bedford, 

Boxborough, 

Billerica, 

Brighton. 

Burlington, 
Cambridge, 

Carlisle, 
Charlestown  &. 

Somerville, 
Chelmsford, 
Concord, 

Dracut, 

Dunstable, 
Framingham, 


Groton, 

HoUiston, 
Hopkinton, 

Lexington, 

Lincoln, 

Littleton, 

Lowell, 

Maiden, 

Marlborough, 

Medford, 

Natick, 
Newton, 
Pepperell, 
Reading, 

Sherburne, 

Shirley, 

South  Reading. 

Stoneham, 

Stow, 

Sudbury, 


COUNTY  OF  MIDDLESEX. 

Seventy  dollars  and  fifty  cents, 
Eighty-six  dollars  and  twenty-five  cents. 
Sixty-two  dollars  and  twenty-five  cents, 
Thirty-seven  dollars  and  fifty  cents, 
One  hundred  and  eight  dollars, 
One  hundred  twenty  dollars  and  seventy- 
five  cents, 
Thirty-six  dollars, 
One  thousand  one  hundred  two  dollars  and 

fifty  cents, 
Fifty-one  dollars  and  seventy-five  cents, 
^  One    thousand    twenty-two    dollars    and 
)      twenty-five  cents, 
One  hundred  and  seventeen  dollars. 
One  hundred  fifty-seven   dollars  and  fifty 

cents, 
One  hundred  and  thirty-eight  dollars, 
Forty-nine  dollars  and  fifty  cents, 
Two  hundred  twenty-one  dollars  and  twen- 
ty-five cents, 
One  hundred  eighty-five  dollars  and  twen- 
ty-five cents. 
One  hundred  twelve  dollars  and  fifty  cents, 
One  hundred  thirty-five  dollars  and  seven- 
ty-five cents, 
One  hundred  forty-seven  dollars  and  seven- 
ty-five cents. 
Sixty  dollars, 
Sixty  dollars, 
Two  thousand  four  hundred  and  seventy- 


eight  dollars, 
One  hundred  fifty-nine  dollars  and  seventy- 
five  cents, 
One  hundred  seventy-two  dollars  and  fifty 

cents. 
Two     hundred    seventy-five    dollars    and 

twenty-five  cents, 
Seventy-eight  dollars  and  seventy-five  cents, 
Two  hundred  thirty-four  dollars, 
Ninety-eight  dollars  and   twenty-five  cents, 
One  hundred  thirty-one  dollars  and  twenty- 
five  cents, 
Eighty-four  dollars, 
Sixty-three  dollars. 
Eighty  dollars  and  twenty-five  cents. 
Sixty-two  dollars  and  twenty-five  cents. 
Eighty-seven  dollars  and  seventy-five  cents, 
One  hundred  seven  dollars  and  twenty-five 
cents. 


446 


1845.- 


■Chap.  107. 


Townsend,         Ninety-nine  dollars, 

Tewksbury,        Eighty-seven  dollars, 

Tyngsborough,  Sixty-eight  dollars  and  twenty-five  cents, 

Waltham,  Two  hundred  and  sixty-seven  dollars, 

Watertown,        Two   hundred   forty-one   dollars  and  fifty 

cents, 
Wayland,  Sixty-two  dollars  and  twenty-five  cents, 

W.  Cambridge,  One  hundred  and  twenty-three  dollars, 
Westford,  Ninety-three  dollars  and  seventy-five  cents, 

Weston,  Ninety-nine  dollars, 

Wilmington,       Fifty-three  dollars  and  twenty-five  cents, 
Woburn,  One  hundred  ninety-one  dollars  and  twenty- 

five  cents. 


COUNTY  OF  WORCESTER. 

Ashburnham,     One  hundred  and  eleven  dollars, 

Athol,  Ninety-four  dollars  and  fifty  cents. 

Auburn,  Forty-eight  dollars, 

Barre,  Two  hundred  forty-eight  dollars  and  twen- 

ty-five cents, 

Berlin,  Fifty-one  dollars  and  seventy-five  cents, 

Bolton,  One  hundred  three  dollars  and  fifty  cents, 

Boylston,  Sixty-three  dollars  and  seventy-five  cents, 

Brookfield,  One  hundred  seventy-two  dollars  and  fifty 

cents, 

Charlton,  One  hundred  sixty-two  dollars  and  seventy- 

five  cents, 

Dana,  Thirty-three  dollars, 

Douglas,  One  hundred  forty-six  dollars  and  twenty- 

five  cents, 

Dudley,  One  hundred  fourteen  dollars  and  seventy- 

five  cents, 

Fitchburg,  One  hundred  ninety-one  dollars  and  twenty- 

five  cents, 

Gardner,  Ninety-three  dollars, 

Grafton,  Two  hundred  ten  dollars  and  seventy-five 

cents. 

Hardwick,  One  hundred  fifty-two  dollars  and  twenty- 

five  cents. 

Harvard,  One  hundred  thirteen  dollars  and   twenty- 

five  cents, 

Holden,  One  hundred  thirty-eight  dollars  and  sev- 

enty-five cents, 

Hubbardston,  One  hundred  eleven  dollars  and  seventy- 
five  cents, 

Lancaster,  One  hundred  twenty-three  dollars  and  sev- 

enty-five cents, 

Leicester.  One    hundred    seventy-three    dollars    and 

twenty-five  cents. 


1845.- 


•Chap.  107. 


447 


Leominster.        One  hundred  sixty  dollars  and  fifty  cents, 
Lunenburg,        One  hundred  and  five  dollars, 
Mendon,  Three  hundred  thirty-two  dollars  and  twen- 

ty-five cents. 
Mil  ford,  "One  hundred  and  fourteen  dollars, 

Millbury,  One  hundred  and  forty-one  dollars. 

New  Braintree,  Ninety-five  dollars  and  twenty-five  cents, 
Northborough,   Ninety-six  dollars, 
Northbridge,       Seventy-nine  dollars  and  fifty  cents, 
N.  Brookfield,    One  hundred  twelve  dollars  and  fifty  cents, 
Oakham,  Seventy-five  dollars  and  seventy-five  cents, 

Oxford,  One  hundred  sixty-five  dollars  and  seventy- 

five  cents, 
Paxton,  Forty-two  dollars  and  seventy-five  cents. 

Petersham,  One  hundred  and  sixty-five  dollars, 

Phillipston,         Seventy-three  dollars  and  fifty  cents, 
Princeton,  One   hundred  twenty-one  dollars  and  fifty 

cents, 
Royalston,  One   hundred    eighteen    dollars    and    fifty 

cents, 
Rutland,  One  hundred  ten  dollars  and  twenty-five 

cents, 
Shrewsbury,       One  hundred  thirteen  dollars  and  twenty- 
five  cents, 
Southborough,    Seventy-eight  dollars  and  seventy-five  cents, 
Southbridge,       One   hundred   forty-five   dollars  and    fifty 

cents, 
Spencer,  One  hundred  twenty-seven  dollars  and  fifty 

cents, 
Sterling,  One  hundred  twenty-six  dollars  and  seven- 

ty-five cents, 
Sturbridge,  One  hundred  fifty-seven  dollars  and  fifty 

cents, 
Sutton,  One  hundred  eighty-five  dollars  and  twenty- 

five  cents, 
Templeton,         One  hundred  and  fifty  dollars, 
Upton,  Eighty-nine  dollars  and  twenty-five  cents, 

Uxbridge,  One  hundred  eighty-five  dollars  and  twen- 

ty-five cents, 
Webster,  One  hundred  twenty-two  dollars  and  twen- 

ty-five cents, 
Warren,  One  hundred  and  fourteen  dollars, 

Westborough,    One  hundred   and  fifteen  dollars  and   fifty 

cents, 
West  Boylston,  Ninety-four  dollars  and  fifty  cents, 
Westminster,      One  hundred  twenty-one  dollars  and  fifty 

cents, 
Winchendon,      One  hundred  twenty-two  dollars  and  twen- 
ty-five cents, 
Worcester,  Nine  hundred  fourteen  dollars  and  twenty- 

five  cents. 


448 


1845.- 


■Chap.  107. 


COUNTY  OF  HAMPSHIRE. 

Amherst,  One  hundred  and  seventy-one  dollars, 

Belchertown,  One  hundred  and  thirty-eight  dollars, 

Chesterfield,  Sixty-six  dollars, 

Cummington,  Sixty-six  dollars  and  seventy-five  cents, 

Easthampton,  Forty-eight  dollars  and  seventy-five  cents, 

Enfield,  Seventy  dollars  and  fifty  cents, 

Goshen,  Thirty-six  dollars, 

Granby,  Sixty-two  dollars  and  twenty-five  cents, 

Greenwich,  Forty-four  dollars  and  twenty-five  cents, 

Hadlcy,  One  hundred  twenty-nine  dollars  and  seven- 
ty-five cents, 

Hatfield,  One  hundred  twelve  dollars  and  fifty  cents, 

Middlefield,  Fifty-seven  dollars  and  seventy-five  cents, 

Northampton,  Two  hundred  and  ninety-seven  dollars, 

Norwich,  Forty-six  dollars  and  fifty  cents, 

Pelham,  Forty-five  dollars  and  seventy-five  cents, 

Plainfield,  Fifty-five  dollars  and  fifty  cents, 

Prescott,  Forty-two  dollars, 

Southampton,  Sixty-five  dollars  and  twenty-five  cents, 

South  Hadley,  Seventy-six  dollars  and  fifty  cents. 

Ware,  One  hundred  and  five  dollars, 

Westhampton,  Forty-five  dollars, 

Williamsburg,  Eighty-nine  dollars  and  twenty-five  cents, 

Worthington,  Eighty-one  dollars  and  seventy-five  cents. 


COUNTY  OF  HAMPDEN. 

Blandford,  One  hundred  five  dollars  and  seventy-five 

cents, 
Erimfield,  One  hundred  fourteen  dollars  and  seventy- 

five  cents, 
Chester,  Sixty-eight  dollars  and  twenty-five  cents, 

Granville,  Seventy-eight  dollars  and  seventy-five  cents, 

Holland,  Thirty  dollars, 

Longmeadow,    Ninety  dollars  and  seventy-five  cents, 
Ludlow,  Ninety-six  dollars  and  seventy-five  cents, 

Monson,  One  hundred  sixty-four  dollars  and  twenty- 

five  cents, 
Montgomery,      Twenty-seven     dollars    and     seventy-five 

cents. 
Palmer,  One  hundred  seventy-nine  dollars  and  twen- 

ty-five cents, 
Russell,  Thirty-five  dollars  and  twenty-five  cents, 

South  wick.         Seventy-eight  dollars  and  seventy-five  cents, 
Springfield,        Nine  hundred  thirty-five  dollars  and  twenty- 
five  cents, 
Tolland,  Forty-four  dollars  and  twenty-five  cents, 

Wales,  Thirty-nino  dollars, 


1845.- 


■Chap.  107. 


449 


Westfield,  Two  hundred  forty-five  dollars  and  twenty- 

five  cents, 

W.  Springfield,  Two  hundred  forty-six  dollars  and  seventy- 
five  cents, 

Wilbraham,       One  hundred  three  dollars  and  fifty  cents. 

COUNTY  OF  FRANKLIN. 

Ashfield,  Ninety  dollars  and  seventy-five  cents, 

Bernardston,  Fifty-seven  dollars, 

Buckland,  Forty-five  dollars  and  seventy-five  cents, 

Charlemont,  Sixty-two  dollars  and  twenty-five  cents, 

Coleraine,  One  hundred  twelve  dollars  and  fifty  cents, 

Conway,  One  hundred  nine  dollars  and  fifty  cents, 

Deerfield,  One  hundred  forty-eight  dollars  and  fifty 

cents, 

Erving,  Sixteen  dollars  and  fifty  cents, 

Gill,  Forty-eight  dollars, 

Greenfield,  One  hundred  forty-six  dollars  and  twenty- 
five  cents, 

Hawley,  Fifty  dollars  and  twenty-five  cents, 

Heath,  Fifty-two  dollars  and  fifty  cents, 

Leverett,  Forty-five  dollars  and  seventy-five  cents, 

Leyden,  Forty-four  dollars  and  twenty-five  cents, 

Montague,  Sixty-six  dollars  and  seventy-five  cents, 

Munroe,  Twelve  dollars. 

New  Salem,  Seventy-two  doll3.rs, 

Northfield,  One  hundred  fourteen  dollars  and  seventy- 
five  cents, 

Orange,  Eighty-one  dollars, 

Rowe,  Forty-three  dollars  and  fifty  cents, 

Shclburne.  Sixty-seven  dollars  and  fifty  cents, 

Shutesbury,  Forty-eight  dollars  and  seventy-five  cents, 

Sunderland,  Forty-eight  dollars  and  seventy-five  cents, 

Warwick,  Seventy-dollars  and  fifty  cents, 

Wendell,  Fifty  dollars  and  twenty-five  cents, 

Whately,  Sixty-one  dollars  and  fifty  cents. 

COUNTY  OF  BERKSHIRE. 

Adams.  Two  hundred  and  ten  dollars. 

Alford,  Twenty-seven  dollars, 

Becket,  Sixty  dollars  and  seventy-five  cents, 

Cheshire,  Eighty-three  dollars  and  twenty-five  cents, 

Clarksburg,         Sixteen  dollars  and  fifty  cents. 
Da  I  ton.  Seventy-one  dollary  and  twenty-five  cents, 

Egremont,  Sixty-five  dollars  and  twenty-five  cents, 

Florida,  Nineteen  dollars  and  fifty  cents, 

Gt.  Barrington,  One  hundred  sixty-eight  dollars  and  seven- 
ty-five cents, 
58 


460 


1846.- 


■Chap.  107. 


Hancock,  Eighty-one  dollars  and  seventy-five  cents, 

Hinsdale,  Sixty-one  dollars  and  fifty  cents, 

Lanesborough,   Ninety-dollars  and  seventy-five  cents, 
Lee,  One  hundred  and  thirty-two  dollars, 

Lenox,  Eighty-four  dollars, 

Mt.  Washington, Fifteen  dollars  and  seventy-five  cents, 
New  Ashford,     Nineteen  dollars  and  fifty  cents, 
N.Marlborough, One  hundred  four  dollars  and  twenty-five 

cents, 
Otis,  Fifty-seven  dollars  and  seventy-five  cents, 

Peru,  Forty-two  dollars, 

Pittsfield,  Two  hundred  eighty-one  dollars  and  twen- 

ty-five cents, 
Richmond,  Sixty-one  dollars  and  fifty  cents, 

Sandisfield,        Ninety-eight  dollars  and  twenty-five  cents, 
Savoy,  Thirty-five  dollars  and  twenty-five  cents, 

Stockbridge,       One  hundred  twenty-three  dollars  and  sev- 
enty-five cents, 
Sheffield,  One  hundred  sixty-eight  dollars, 

Tyringham,       Seventy  dollars  and  fifty  cents, 
Washington,       Forty-one  dollars  and  twenty-five  cents, 
W. Stockbridge,  Eighty  dollars  and  twenty-five  cents. 
Williamstown,  One  hundred  forty-seven  dollars  and  seven- 
ty-five cents, 
Windsor,  Fifty-three  dollars  and  twenty-five  cents, 

Boston  Corner,  Two  dollars  and  twenty-five  cents. 

COUNTY  OF  NORFOLK. 

Bellingham,        Seventy-three  dollars  and  fifty  cents, 

Braintree,  One  hundred  forty-three  dollars  and  twen- 

ty-five cents, 

Brookline,  One  hundred  eighty-one  dollars  and  fifty 

cents, 

Canton,  One  liundred  forty-six  dollars  and  twenty- 

five  cents, 

Cohasset,  Eighty-one  dollars  and  seventy-five  cents, 

Dedham,  Three  hundred  nine  dollars  and  seventy- 

five  cents, 

Dorchester,  Four  hundred  twenty-six  dollars  and  sev- 
enty-five cents, 

Dover,  Forty-eight  dollars  and  seventy-five  cents, 

Foxborough,       Seventy  dollars  and  fifty  cents, 

Franklin,  One  hundred  and  eleven  dollars, 

Medfield,  Sixty  dollars, 

Medway,  One  hundred  thirty-three  dollars  and  fifty 

cents, 

Milton,  One  hundred  sixty-nine  dollars  and  fifty 

cents, 

Needham,  One  hundred  and  two  dollars, 


1845.- 


-Chap.     107. 


451 


Quincy,  Two  hundred  forty-seven  dollars  and  fifty 

.     cents, 
Randolph,  Two  hundred  and  thirteen  dollars, 

Roxbury,  Eight  hundred  twenty-five  dollars  and  sev- 

enty-five cents, 
Sharon,  Eighty-one  dollars  and  seventy-five  cents, 

Stoughton,  One  hundred  twelve  dollars  and  fifty  cents, 

Walpole,  One  hundred  and  five  dollars, 

Weymouth,        Two  hundred  thirty-five  dollars  and  fifty 

cents, 
Wrentham,         One  hundred  sixty-eight  dollars  and  seven- 
ty-five cents. 

COUNTY  OF  BRISTOL. 

Attleborough,     Two  hundred  fifteen  dollars  and  twenty- 
five  cents, 
Berkley,  Forty-seven  dollars  and  twenty-five  cents. 

Dartmouth,         Two   hundred   seventy-seven   dollars  and 

fifty  cents, 
Dighton,  Ninety-two  dollars  and  twenty -five  cents, 

Easton,  One  hundred  twelve  dollars  and  fifty  cents, 

Fairhaven,  Three  hundred  and  ninety  dollars. 

Fall  River,         Six  hundred  forty-one  dollars  and  twenty- 
five  cents, 
Freetown,  One  hundred  four  dollars  and  twenty-five 

cents, 
Mansfield,  Eighty  dollars  and  twenty-five  cents. 

New  Bedford,     One  thousand  five  hundred  ten  dollars  and 

fifty  cents, 
Norton,  One  hundred  and  forty-seven  dollars, 

Pawtucket,         One  hundred  forty  dollars  and  twenty-five 

cents, 
Raynham,  Seventy-two  dollars, 

Rehoboth,  One  hundred  twenty-seven  dollars  and  fifty 

cents, 
Seekonk,  One  hundred  and  eight  dollars, 

Somerset,  Sixty-two  dollars  and  twenty-five  cents, 

Swanzey,  Ninety-three  dollars, 

Taunton,  Five  hundred  and  eighty-two  dollars, 

Westport,  One  hundred  seventy-five  dollars  and  fifty 

cents. 


COUNTY  OF  PLYMOUTH. 

Abington,  One  hundred  and  forty-four  dollars, 

Bridge  water,      One  hundred  forty  dollars  and  twenty-five 

cents, 
Carver,  Fifty-four  dollars. 

Duxbury,  One  hundred  and  eighty-nine  dollars, 


452 


1845.- 


-Chap.  107. 


E.  Bridgewater,  Ninety-seven  dollars  and  fifty  cents, 


Halifax, 
Hanover, 
Hanson, 
Hingham, 

Hull, 
Kingston, 

Marshfield, 


Forty-two  dollars, 

Eighty-six  dollars  and  twenty-five  cents. 
Sixty-two  dollars  and  twenty-five  cents, 
Two  hundred  nineteen  dollars  and  seventy- 
five  cents, 
Fifteen  dollars  and  seventy-five  cents. 
One  hundred  five  dollars  and  seventy-five 

cents. 
One  hundred  seventeen  dollars  and  seven- 
ty-five cents, 

Middleborough,  Two  hundred  eight-two  dollars  and  seven- 
ty-five cents, 
N. Bridgewater,  One  hundred  twenty-two' dollars  and  twen- 
ty-five cents, 
Pembroke,  Eighty-one  dollars, 

Plymouth,  Four  hundred  fifteen  dollars  and  fifty  cents, 

Plympton,  Forty-eight  dollars, 

Rochester,  Two  hundred  eight  dollars  and  fifty  cents. 

Scituate,  Two  hundred  and  thirty-seven  dollars, 

Wareham,  One  hundred  and  thirty-five  dollars, 

W.Bridgewater,Seventy-seven  dollars  and  twenty-five  cents. 


COUNTY  OF  BARNSTABLE. 

Barnstable,         Two  hundred  and  sixteen  dollars, 
Brewster,  Sixty  dollars. 

Chatham,  Eighty-five  dollars  and  fifty  cents, 

Dennis,  One  hundred  and  twenty-three  dollars, 

Eastham,  Thirty-eight  dollars  and  twenty-five  cents. 

Falmouth,  One  hundred  eighty  dollars  and  seventy- 

five  cents, 
Harwich,  Eighty  dollars  and  twenty-five  cents, 

Orleans,  Fifty-seven  dollars  and  seventy-five  cents, 

Provincetown,    One  hundred  nineteen  dollars  and  twenty- 
five  cents, 
Sandwich,  Two  hundred  fifteen  dollars  and  twenty- 

five  cents, 
Truro.  Forty-seven  dollars  and  twenty-five  cents, 

Wellfleet,  Fifty-nine  dollars  and  twenty-five  cents, 

Yarmouth,  One  hundred  twenty-eight  dollars  and  twen- 

ty-five cents. 


Chilmark, 
Edgartown, 

Tisbury, 


DUKES  COUNTY. 

Seventy-four  dollars  and  twenty-five  cents, 
One  hundred  twenty-seven  dollars  and  fifty 

cents, 
Ninety  dollars  and  seventy-five  cents. 


1845.. 


-Chap.  107. 


453 


COUNTY  OF  NANTUCKET. 

Nantucket,         One  thousand  four  hundred  and  seventy- 
three  dollars. 


AGGREGATE  OF  THE  SEVERAL  COUNTIES. 

Suffolk,  Twenty-five  thousand  six  hundred  sixty- 

nine  dollars  and  fifty  cents, 

Essex,  Seven   thousand  nine  hundred  fifty-seven 

dollars  and  fifty  cents, 

Middlesex.  Nine  thousand  five  hundred  seventy-nine 

dollars  and  seventy-five  cents, 

Worcester,  Seven  thousand  seven  hundred  thirty  dol- 

lars and  twenty-five  cents, 

Hampshire,  One  thousand  nuie  hundred  fifty-three  dol- 
lars, 

Hampden,  Two  thousand  six  hundred  eighty-four  dol- 

lars and  twenty-fi^e  cents, 

Franklin,  One  thousand   seven   hundred  and  sixty- 

seven  dollars, 

Berkshire,  Two  thousand  five  hundred  seventy-four 

dollars  and  seventy-five  cents, 

Norfolk,  Four  thousand  forty- seven  dollars  and  sev- 

enty-five cents, 

Bristol,  Four  thousand  nine  hundred  seventy-eight 

dollars  and  fifty  cents, 

Plymouth,  Two  thousand   eight    hundred   eighty-one 

dollars  and  fifty  cents, 

Barnstable,  One  thousand  four  hundred  ten  dollars  and 
seventy-five  cents, 

Dukes,  Two  hundred  ninety-two  dollars  and  fifty 

cents, 

Nantucket,  One  thousand  four  hundred  and  seventy- 
three  dollars. 


Sect.  2.  The  Treasurer  of  this  Commonwealth  shall 
forthwith  send  his  warrant,  with  a  copy  of  this  act,  directed 
to  the  selectmen  or  assessors  of  each  city,  town,  district  or 
other  place,  taxed  as  aforesaid,  requiring  them  respectively, 
to  assess,  in  dollars  and  cents,  the  sum  so  charged,  accord- 
ing to  the  provisions  of  the  seventh  chapter  of  the  Revised 
Statutes,  and  to  add  the  amount  of  such  tax  to  the  amount 
of  town  and  county  taxes,  to  be  by  them  assessed  in  each 
city,  town  and  district  respectively. 

Sect.  .3.  The  Treasurer,  in  his  Gaid  warrant,  t-hall  re- 
quire the  said  selectmen  or  assessors  respectively,  to  pay,  or 
to  issue  their  several  warrant  or  warrants,  requiring  the 
treasurers  of  their  several  cities,  iowns  or  districts,  to  pay 
to  the  said  Treasurer  of  the  Commonwealth,  on  or  before 


Treasurer  lo 
issue  liis  war 
rant  to  select- 
men or  asses- 
sors, to  assess 
proportion  of 
ta.\  ill  their 
lo\TOS,  &,c. 


Time  and  mnn- 
ner  of  collecting 
tax. 


454 


1845.- 


■Chap.  107—108. 


When  to  take 
effect. 


ChaplOS. 


Persons  incor- 
porated to  man- 
ufacture copper, 
&c.,  in  Suffolk, 
Norfolk,  or 
Bristol. 


Keal  estate  not 
to  exceed 
^100,000,  and 
capital  stock 
^300,000. 

Furnaces,  &c. 
not  to  be  erected 
in  towns  without 
the  consent  of 
town  officers, 
obtained  after 
notice,  &c. 


the  first  day  of  February,  in  the  year  one  thousand  eight 
hundred  and  forty-six,  the  sums  against  said  cities,  towns, 
and  districts  respectively,  in  this  act  contained ;  and  the 
selectmen  or  assessors  respectively,  shall  return  a  certificate 
of  the  names  of  such  treasurers,  with  the  sum,  which  each 
may  be  required  to  collect,  to  the  said  Treasurer  of  the 
Commonwealth,  some  time  before  the  first  day  of  December 
next. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [App?-oved  by  the  Governor,  March  7,  1845.] 

An  Act  to  incorporate  the  Isle  Royal  Copper  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, ill  General  Court  assembled,  and  by  the  authority  of 
tJie  sa  me,  as  folloros : 

Sect.  1.  Charles  Scudder,  Thomas  Jones,  Charles  Hen- 
shaw,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Isle  Roj^al  Copper  Compa- 
ny, for  the  purpose  of  procuring  and  smelting  copper  ore, 
and  manufacturing  copper;  such  smelting  and  manufac- 
turing to  be  carried  on  in  the  county  of  Suffolk,  Norfolk,  or 
Bristol,  with  all  the  powers  and  privileges,  and  subject  to 
all  the  duties,  liabilities  and  restrictions,  set  forth  in  the 
thirty-eighth  and  forty-fourth  chapters  of  the  Revised 
S la  lutes. 

Sect.  2.  The  said  company  may  hold,  for  the  purposes 
aforesaid,  real  estate  to  the  amount  of  one  hundred  thou- 
sand dollars;  and  the  whole  capital  stock  of  said  company 
shall  not  exceed  the  sum  of  three  hundred  thousand  dollars. 

Sect.  3.  The  said  corporation  shall  not  erect  any  fur- 
nace or  other  works,  for  the  purpose  of  smelting  copper  ores 
within  the  limits  of  any  city  or  town  in  either  of  said  coun- 
ties, unless  they  shall  first  serve  notice  in  writing  of  their 
intended  location  of  such  furnace  or  other  works  on  the 
clerk  of  said  city  or  town,  and  also  publish  a  similar  notice 
by  advertising  the  same  once  a  week  for  four  weeks  in 
some  newspaper  printed  in  said  city  or  town,  or  if  there 
shall  be  no  newspaper  printed  in  said  city  or  town,  then  in 
some  newspaper  printed  in  the  county;  and  after  the  expi- 
ration of  two  weeks  from  the  serving  of  such  notice  on  the 
clerk,  and  the  last  time  of  advertising  the  same  as  afore- 
said, shall  obtain  a  certificate  from  the  mayor  and  alder- 
men of  said  city,  or  of  the  selectmen  of  such  town,  signi- 
fying their  consent  to  the  erection  of  such  furnace  or  other 
works,  in  the  place  which  may  be  so  designated  by  the  said 
corporation.     \Approved  by  the  Governor,  March  7,  1845.] 


1846. Chap.  109.  456 

An  Act  to  incorporate  the  Medford  Branch  Rail-road  Company.  Chnrt  1  flQ 

BE  it  enacted  by  the  Senate  and  House  of  Repi^esenta-  " 

tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs : 

Sect.  1.     James   O.   Curtis,  Henry  L.  Stearns,    Joseph  Persons  incor- 
Manning,  Junior,  David  Lawrence,  Nathaniel  H.   Bishop,  P°mct^&c°r"" 
and  Andrew  Blanchard,  Junior,  their  associates  and  succes-  rail-road, 
sors^  are  hereby  made  a  corporation,  by  the  name  of  the 
Medford  Branch  Rail-road  Company,  with  all  the  powers 
and  privileges,  and  subject  to  all  the  duties,  restrictions  and 
liabilities,  set  forth  in  the  forty-fourth  chapter  of  the  Re- 
vised Statutes,  and  in  that  part  of  the  thirty-ninth  chapter 
of  said  statutes,  relating  to  rail-road  corporations,  and  the 
public  statutes  subsequently  passed,  relating   to  such  cor- 
porations. 

Sect.  2.     The  said  corporation  is  hereby  authorized  to  Location  of 
construct  and  maintain  a  rail-road,  extending  from  some  '■°^'^'' 
point  near  Great   Bridge,  so  called,  in  Medford,  in  a  south- 
easterly direction,  to  some  convenient  point  of  intersection 
with  the  Boston  and  Maine  Rail- road  Extension  Company's 
road,  in  the  towns  of  Somerville  or  Maiden. 

Sect.  3.     The   capital    stock    of   said  corporation  shall  Capital  stock 
consist  of  not  more   than  one  tliousand  shares  of  one  hun-  |*iooooo"^b^'^ 
dred  dollars  each,  the  number  of  which  shall  be  determined  share's  of  ^loo, 
from  time  to  time  by  the  directors  of  said  corporation  ;  and  ^'^' 
the  said  corporation  may  take,  purchase  and  hold  such  real  Estate,  real  and 
estate  on  the  line  of  said  rail-road,  and  may  purchase  and  p^''s°"»'- 
hold  such  cars,  engines  and  other  personal  property,  as  may 
be  necessary  and  convenient  for  the  purposes  of  their  in- 
corporation. 

Sect.  4.     If  the  said  corporation  be  not  organized,  and  Road  to  be  lo- 
the  location  of  its  rail-road  tiled  with   the  county  commis-  yeaT? Tnd  com-^ 
sioners  of  the  county  of  Middlesex,  within  one  year  from  p'etci  within 
the  passage  of  this  act,  or  if  the  said  rail-road  shall  not  be  Marcir77i845™ 
constructed  within  two  years  from  the  passage  of  this  act, 
then  the  same  shall  be  void. 

Sect.  5.     The  said  Medford  Branch  Rail-road  Company  Road  may  be 
may  enter  and  unite  their  rail-road  with   the  Boston  and  ""''^^^^'^''th  '^at 

BT     •  T»     -1  11--  •  i-i  ■  1  ,  .         ot  the  Boston 

Maine   Kail-road  Extension  Company  s  road,  at  the  point  &c.  Extension 
of  intersection  therewith,  mentioned  in  the  second  section;  Company. 
but  neither  company  shall  have  a  right  to  run  their  cars  or 
engines  on  the  road  of  the  other,  but  on  terms  and  condi-  Provided,  &c. 
tions  mutually  agreed  upon  by  the  parties,  or  prescribed  by 
the  Legislature. 

Sect.  6.     The  said  corporation  is  hereby  authorized  and  Property  &c, 
empowered  to  transfer  all  its  property,  rii^hts  and  privileges  ;^".v '^e '''f ""- 

AC  1   •  J  I   •         1  •    1      S-»  '^    -,    -jKir     .  ferred  to  the 

and  iranchise,  under  this  charier,  to  the  Boston  and  Manie  Boston  &c.Ex- 
Rail-road  Extension  Company,  or  its  successors,  whenever  tension  Com- 
the  said  Boston  and  Maine  Rail-road  Extension  Company,  pwe</,  &c. 
or  its  successors,  shall  elecl  to  receive  and  hold  the  same, 


156  1845. Chap.  109—111 

in  such  manner  and  on  such  terms  as  shall  be  mutually 
agreed  upon,  and  upon  such  transfer  all  the  powers  and 
privileges  hereby  granted,  shall  be  vested  in  the  said  Bos- 
ton and  Maine  Rail-road  Extension  Company  or  its  suc- 
cessors. 
When  to  take  Sect.  7.  This  act  t.hall  take  effect  from  and  after  its 
^^*^*^^'  passage.     [Approved  hy  the  Governor^  March  7,  1845.] 

OhCLT)  110        ^^  '^^'^  ''^  change  the  Name  of  the  First  Reformed  Methodist  Society  in 
JL  °  Brewster. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs : 
To  take  the  Sect.  1.     The  First  Reformed  Methodist  Society  in  Brew- 

F^'"^w'''f  s^^^j  shall  be  known  and  called  by  the  name  of  the  First 
Society  in^  ^^^"  Wesleyati  Methodist  Society  in  Brewster,  and  as  such  shall 
Brewster.  hold  and  possess  all  the  property,  and  be  entitled  to  all  the 

rights  and  privileges,  and  subject  to  all  the  liabilities  of 
said  First  Reformed  Methodist  Society  in  Brewster. 
Whentotaks         Sect.  2.     This  act  shall  take  effect  from  and  after  its 
effect.  passage.     [Approved  by  the  Governor,  March  7,  1845.] 

Chf/Ti  111  "^^  "^^^  requiring  additional  Returns  from  Agricultural  Societies. 

BE  it  efiacted  by  the  Seriate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 

Sect.  1.     Every  agricultural   society  entitled   to  receive 

money  from  the  treasury  of  the  Commonwealth,  shall,  in 

addition  to  the  return  of  premiums  paid,  nov/  required  to 

To  make  annu-  be  made  in   the  month  of  January,  m.ake  full  returns  of 

ai  returns  to  the  t}^gjj.  doings  iuto  the  officc  of  the  Secretary  of  State,  on  or 

Secretary,  cm-  ,  ,     °r  t  /•  t  •  i         '•  i, 

bracing  reports,  beiore  the  first  day  01  January,  in  every  year,  embracing  all 
&c.and  state-    reports  of  committecs,  and  all  statements  of  experiments 

ni6nts    ol-c  ^  ^ 

'      '        and  cultivation,  deemed  by  the  officers  of  the  several  socie- 
ties worthy  of  publication. 
Passages  in  Sect.  2.     The  Secretary  of  each  society,  whether  his  re- 

reports  &c.  to     xxyxn  be  in  printed  or  manuscript  form,  shall  mark,  in  a 

be  marked.  r  .,        ,.      .  •    i       i        i  •  , 

manner  to   be  easily  distinguished,  those  passages  in  the 

several  reports  and  statements  which  he  regards  as  most 

worthy  of  public  notice,  study  and  application. 

Copy  of  this  Sect.  3.     The  Secretary  of  State  is  directed  to  transmit 

**^"tt'*d'tf  *7"'^'  ^  copy  of  this  act  to  the  secretary  of  every  incorporated 

Secretary.  '°     agricultural  socicty  in  the  Commonwealth,  on  or  before  the 

first  day  of  September,  1845. 
Absirarttobc         Sect.  4.     The  Secretary  of  State  is  hereby  directed  to 
hshedby die"     ^ause  as  full  an  abstract  from  said  returns  to  be  made  and 
Secretary.         published  in  each  year,  for  distribution,  as  in  his  judgment 
will  prove  useful. 


1845. Chap.  111—112.  437 

Sect.  5.     Any  agricultural  society  which  shall  neglect,  Penalty  of  neg- 
in  any  year,  to  comply  with  the  provisions  of  this  act,  shall  o/societies.^^"^* 
forfeit  its  claim  to  bounty  from  the  Commonwealth  the  suc- 
ceeding year. 

Sect.  6.  Any  parts  of  passed  acts  inconsistent  with  the  Repeal  of  in- 
provisions  of  this,  are  hereby  repealed.  [Approved  by  (he  y^^^^^'^*' ^'°' 
Governor  March  7,  1845.] 

An  Act  to  provide  for  the  Equitable  Distribution  of  the  Income  of  the  Lex-   /^7,«*)  T  10 
ington  Ministerial  Fund.  C//tU//  1 1^. 

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

Sect.  1.     If  the  voluntary  religious  societies  in  the  town  Trustees  to  pay 
of  Lexington,  known  as  the  First  Baptist  Society,  the  Sec-  !°  *^^h 7r"  To'^-^' 
ond    Congregational   Society,    and   the    First    Universal  ist  portion  of  the 
Society,   or  any,  or  either  of  them,   shall  become  legally  j?'^°'".®  "f*'^® 
separated  from    the  First   Congregational  Society  in   said  of  every  year 
town,  and  be  duly  incorporated  as  distinct  ecclesiastical  after  1845. 
bodies,  on  or  before  the  first  day  of  May  next,  the  trustees 
of  the  Lexington  Ministerial  Fund,  on  the  first  day  of  June, 
in  the  year  one  thousand  eight  hundred  and  forty-six,  and  p^^^^^^  ^c. 
thenceforward  in  the  month  of  June  in  every  year,  shall 
pay  to  the  treasurers  of  the  said  First  Congregational  So- 
ciety, the  First  Baptist  Society,  the  Second  Congregational 
Society,  and  the  First  Universalist  Society,  respectively,  or 
such  of  them  as  may  have  been  incorporated,  their  respec- 
tive proportions  of  the  annual   income  of  said  fund,  to  be 
ascertained  in  the  manner  hereinafter  directed. 

Sect  2.  All  persons  now  members  of  said  First  Congre-  Conditions  of 
gational  Society  shall  be  considered  members  thereof,  until  ^id'sodet^s!' 
they  file  with  the  clerk  of  said  society  a  written  notice,  de- 
claring the  dissolution  of  their  membership,  as  required  by 
law,  or  become  members  of  one  of  the  other  religious  soci- 
eties in  said  town  abovementioned  ;  and  any  persons,  after 
the  first  day  of  May,  in  the  year  one  thousand  eight  hun- 
dred and  forty-five,  may  become  members  of  said  First 
Congregational,  said  First  Baptist,  Second  Congregational, 
and  First  Universalist  Societies,  respectively,  in  any  way 
authorized  by  law ;  and  any  person  hereafter  becoming  a 
member  of  either  of  said  societies,  shall  thereby  cease  to  be 
a  member  of  any  other  of  said  societies. 

Sect.  3.     It  shall  be  the  duty  of  the  respective  treasurers  Names  of  mem- 
of  said  four  religious  societies,  (or  of  such  of  them  as  may  I'urned'by  trea- 
be  duly  incorporated,)  on  or  before  the  tenth  day  of  May  surers to  trustees 
next,  to  make  returns  to  the  said  trustees  of  the  names  of  May^cT'i'sis 
those  persons  who  maybe  members  of  said  societies,  on  the  on  or  before  ' 
first  day  of  May  next,  of  which  they  are  treasurers  respec-  ^Yever^T''ti 
tively,  to  enable  the  said   trustees  to  ascertain  the  portions  year  thereafter. 
of  the  said  income  due  to  them  respectively ;  and  to  make 
59 


458 


1845.- 


-Chap.  112. 


Income  to  be 
first  appor- 
tioned in  the 
ratio  of  aggre- 
gate property  of 
members,  May 
1,  1845,  as- 
sessed accord- 
ing to  valuation 
of  1840. 


After  May  1, 
1851,  to  be  ap- 
portioned in  the 
ratio  of  aggre- 
gate property 
of  members 
&c.  as  ascer- 
tained by  the 
decennial  valu- 
ations. 


To  be  expended 
annually  for 
the  support  of 
public  worship. 


Vacancies 
among   trustees 
to  be  filled  by 
ballots  of  the 
societies  in  rota- 
tion. 


Trustees  to  be 
inhabitants  &c. 
and  members, 


similar  returns  on  or  before  the  tenth  day  of  May,  in  the 
year  one  thousand  eight  hundred  and  fifty-one,  and  each 
succeeding  tenth  year,  of  the  names  of  the  members  of 
said  societies,  on  the  first  day  of  the  same  May  in  which 
the  return  is  made. 

Sect.  4.  The  portions  of  the  income  of  said  fund  paya- 
ble to  each  of  said  four  rehgious  societies  respectively,  or 
of  such  of  them  as  may  be  duly  incorporated,  until  the  first 
day  of  May,  in  the  year  one  thousand  eight  hundred  and 
fifty-one,  shall  be  in  proportion  to  the  aggregate  amount  of 
real  and  personal  property,  of  the  members  of  each  of  said 
societies,  on  the  first  day  of  May,  in  the  year  one  thousand 
eight  hundred  and  forty-five,  assessed  for  town  taxes  in  said 
town  of  Lexington,  according  to  the  valuation  thereof  made 
by  the  assessors  in  the  year  one  thousand  eight  hundred 
and  forty. 

Sect.  5.  From  and  after  the  first  day  of  May,  in  the 
year  one  thousand  eight  hundred  and  fifty-one,  for  the  next 
ten  years,  the  portions  of  the  income  payable  to  said  four 
rehgious  societies  respectively,  or  such  of  tliem  as  may 
have  been  duly  incorporated,  shall  be  in  proportion  to  the 
aggregate  amount  of  the  real  and  personal  property  of  the 
members  of  each  of  said  societies  on  said  first  day  of  May, 
in  the  year  one  thousand  eight  hundred  and  fifty-one,  as- 
sessed for  town  taxes  in  said  town  of  licxington,  according 
to  the  valuation  thereof,  to  be  made  by  the  assessors  in  the 
year  one  thousand  eight  hundred  and  fifty  :  and  the  por- 
tions of  the  said  income  payable  to  each  of  said  societies 
shall  in  like  manner  be  regulated,  for  each  succeeding  ten 
years,  by  the  next  preceding  decennial  valuation. 

Sect.  6,  The  portions  of  the  income  of  said  fund  re- 
ceived by  the  treasurers  of  each  of  said  four  religious  soci- 
eties, shall  always  be  expended  annually  for  the  support  of 
public  worship  in  said  societies  respectively. 

Sect.  7.  Whenever  any  vacancy^  shall  occur  in  the 
office  of  trustee  of  said  Fund,  by  death,  resignation,  or  re- 
moval, the  first  vacancy  so  occurring  shall  be  filled  l-y  an 
election  by  ballot,  at  a  meeting  of  the  members  of  said 
First  Congregational  Society  called  for  that  purpose ;  the 
second  vacancy  shall  be  filled  in  the  same  manner,  at  a 
meeting  of  the  members  of  said  First  Bapt'st  Society,  if  in 
existence ;  the  third  in  the  same  manner  at  a  meeting  of 
the  members  of  said  Second  Congregational  Society,  if  in 
existence;  the  fourth,  in  the  same  manner  at  a  meeting  of 
the  members  of  said  First  Universalist  Society,  if  in  exis- 
tence; and  all  succeeding  vacancies  shall  be  filled  by  said 
societies  in  the  same  order.  No  person  shall  be  eligible  as 
trustee  except  he  be  an  inhabitant  of  said  Lexington,  and 
a  member  of  some  one  of  the  said  four  religious  societies; 
and  if  any  one  of  said  four  religious  societies  shall  not  be 


1845. Chap.  112.  459 

in  existence,  so  as  to  exercise  the  right  of  electing  a  trustee  Provision  in 
at  the  time  any  vacancy  occurs,  or  shall  neglect,  for  the  erection °by  any 
space  of  six  months,  to  fill  any  such   vacancy,  then  the  society. 
right  to  fill  such  vacancy  shall  pass  to  the  next  society  in 
the  order  above  named. 

Sect.  8.     The  said  trustees  shall  make  a  report  annually,  Trustees  to 
in  writing,  in  the  month  of  May,  to  the  treasurers  of  said  reports^to"trea- 
four  religious  societies,  a  copy  of  which  shall  be  delivered  surers,  &c. 
to  each  of  said  treasurers,  of  what  funds  and  estates  said 
trustees   hold,  and  by  what  tenures;  what  money  and  ef- 
fects are  due  to  them,  and  how  the  same  arc  secured  ;  and 
what  sums  of  money  have  been  received  and  paid  by  said 
trustees,  during  the  preceding  year.     In  case  the  said  trus-  provisions  for 
tees  shall  neglect  or  refuse  to  make  such  annual  report,  it  removal  of 
shall  be  good  cause  of  removal,  unless  ihey  can  give  a  sufli-   ™*  ^°^' 
cient  excuse  for  such  neglect  or  refusal  to  the  satisfaction  of 
the  parties  interested.     The  said  four  societies,  or  such  of 
them  as  may  be  duly  incorporated,  at  a  general  meeting, 
shall  have  power  to  remove  any  of  the   trustees  of  said 
fund,  who  may  become  unfit,  by  reason  of  age,  infirmity, 
misconduct,  or  other  cause,  to  discharge  their  duties.     Such 
a  meeting  may  be  called  by  the  treasurers  of  said  societies 
or  a  majority  of  the  treasurers  of  such  of  said  societies  as 
may  be  duly  incorporated,  by  a  written  notice  of  the  time, 
place,  and  object  of  the  meeting,   signed  by  the  persons 
calling  it,  and   affixed  to  the  outer  doors  of  each   of  the 
meeting-houses  of  the  societies  to  be  notified,  nine  days  at 
least  before  the  time  of  meeting. 

Sect.  9.     The  fourth   and  fifth   sections  of  the  act  en-  Repeal  of  parts 
titled  •'  An  Act  to  incorporate  tlie  Trustees  of  the  Lexington  jg^^®  ^<=*  °^ 
Ministerial  Fund,"  passed  on  the  sixteenth  day  of  June,  in        ''^'^p- 
the  year  one  thousand  eight  hundred  and  seventeen,  and  all 
other  parts  of  said   act,  inconsistent  with  the  foregoing  pro- 
visions, are  hereby  repealed. 

Sect.  10.  This  statute  shall  not  go  into  operation,  but  To  take  effect, 
be  null  and  void,  unless  the  inhabitants  of  the  said  town  of  p'''^'^^^^' ^'^■ 
Lexington,  shall,  at  a  legal  meeting,  held  on  or  before  said 
first  day  of  May  next,  pass  a  vote  assenting  to,  and  ap- 
proving of  this  act.  And  neither  the  said  First  Baptist, 
Second  Congregational,  or  First  Universalist  Societies,  shall 
be  respectively  entitled  to  receive  any  portion  of  the  income 
of  the  said  fund^  or  be  entitled  to  any  benefit  from  this  act, 
before  the  first  day  of  May,  in  the  year  one  thousand  eight 
hundred  and  fifty-one,  unless  it  shall  be  organized  and  in- 
corporated, on  or  before  the  said  first  day  of  May  next ;  nor 
at  any  future  time,  unless  it  has  been  incorporated  before 
the  first  day  of  May  preceding  one  of  the  decennial  appor- 
tionments of  said  income.  [Approved  by  the  Governor, 
March  10,  1845.] 


460  1845. Chap.  113—115. 

Chan  113.  -^^  "^^'^  establishing  the  Salaries  of  the  First  and  Second  Clerks  in  the  Office 
"  '  of  the  Secretary  of  the  Commonwealth. 

BE  it  enacted  by  the  Senate  and  Hoiise  of  Representa- 
tives, in  General  Court  assembled,   and  by  the  authority  of 
the  same,  as  follows  : 
Annual  salaries      From  and  after  the  first  day  of  April,   in  the  year  one 
after  ApnU,      thousand  eight  hundred  and  forty-five,  the  first  clerk  in  the 
1845.         '      office  of  the  Secretary  of  the  Commonwealth  shall  receive 
a  salary  of  one  thousand  dollars  a  year,   and  the  second 
clerk  in  the  aforesaid  office  shall  also  receive  a  salary  of 
one  thousand  dollars  a  year;  and  the  salaries  of  said  clerks 
shall  be  payable  quarterly,  which  said  several  sums  shall 
be  in  full  for  all  services  to  be  rendered  in  said  office,     [Ap- 
proved  by  the  Governor,  March  11,  1845.] 


Chap 


1  1  A     An  Act  to  amend  the  Charter  of  the  Proprietors  of  the  First  Wesleyan  Meth- 
odist  Meeting-house  in  Lowell. 


BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam,e,  as  folloivs  : 
Excess  of  in-  Sect.  1.     The  third  section  of  an  act  incorporating  said 

*^e^cenrto^be    prop^ietorS;  passcd  on  the  eighth  day  of  March,  in  the  year 
appropriated  to  ouc  thousaud  eight  himdred  and  forty-four,  is  amended  by 
^'ubHc^worlhi'^    repealing  the  last  clause  thereof,   including  the  words  fol- 
lowing, to  wit:  "provided  that  the  proceeds  of  the  same 
shall  he  applied  exclusively  to  parochial  purposes  :"  p7^o- 
vided,  however,  that  all  the  excess  of  income  of  said  propri- 
etors over  six  per  cent.,  if  any,  shall  be  appropriated  exclu- 
sively to  the  support  of  public  worship  in  said  meeting- 
house. 
When  to  take         Sect.  2.     This  act  shall  take  effect  from   and  after  its 
effect.  passage.     [Ajyproved  by  the  Governor,  March  11,  1S45.] 

Chni)  115  -^^  -^^^  ^°  establish  the  "Winchendon  Rail-road  Corporation. 

BE  it  enacted  by  the  Senate  and.  House  of  Representa- 
tives, iti  General  Court  assembled,  and  ■  by  the  authority  of 
the  same,  as  folloivs  : 
Persons  incor-        Sect.  1.     Ephraiui  Murdock,  Jr.,  Salma  Hale,   Thomas 
8t°rTct^Vrai'i-""  M-  Kdwards,   their  associates  and  successors,   are  hereby 
road.       '        made  a  corporation,  by  the  name  of  the  Winchendon  Rail- 
road Corporation,  with  all  Ihe  powers  and  privileges,  and 
subject  to  all  the  duties,  liabilities  and  provisions,  contained 
in  that  part  of  the  thirly-iiinth  chapter  of  the  Revised  Stat- 
utes, and  the  statutes  subsequently  passed,  which  relates  to 
rail-road  corporations,  and  also  in   the  forty-fourth  chapter 
Location  of       of  Said  Reviscd  Statutes.     The  said  corporation  is  hereby 
road,  &;c.  authorized  and  empowered  to  locate,  construct,  and  finally 

complete  a  rail-road,  with  one  or  more  tracks,  from  some 
convenient  point  at  the  southern  boundary  of  the  State  of 
New  Hampshire,  in  the  town  of  Fitzvvilliam  or  the  town  of 


1845. Chap.  115.  461 

Rindge,  and  passing  ihence  to  some  convenient  point  at  or 
near  Winchendon  Village,  or  Waterville  Village,  in  said 
town  of  Winchendon,  or  in  either  of  the  towns  of  Royals- 
ton,  or  Templeton,  or  Gardner,  upon  the  rail-road  which 
may  hereafter  be  constructed  by  the  Vermont  and  Massa- 
chusetts Rail-road  Company,  with  liberty  to  enter  with  Mayenterupon, 
said  rail-road  upon  said  Vermont  and  Massachusetts  Rail-  Vermont  and 
road,  at  either  of  the  points  aforesaid,  and  use  the  same,  or  Massachusetts 
any  part  thereof,  paying  therefor  such  a  rate  of  toll  or  com-  ^'"'■°^'^- 
pensation  as  the  Legislature  may,  from  time  to  time,  pre- 
scribe, or  as  may  be  fixed  by  the  provisions  of  any  general 
laws  of  this  Commonwealth,  and  complying  with  such 
rules  and  regulations  as  may  be  established  by  said  Ver- 
mont and  Massachusetts  Rail-road  Company  :  p?'ovided,  Provided,  &c. 
however,  that  said  Winchendon  Rail-road  Corporation  shall 
not  enter  upon  said  Vermont  and  Massachusetts  Rail-road 
with  any  motive  power,  unless  said  Vermont  and  Massa- 
chusetts Rail-road  Company  shall  refuse  to  draw  over  their 
road,  or  any  part  thereof,  the  cars  of  the  said  Winchendon 
Rail-road  Corporation :  cmd  provided,  further,  that  if  said 
Vermont  and  Massachusetts  Rail-road  Company  shall  not, 
within  two  years  from  the  first  day  of  April  next,  locate 
and  construct  their  rail-road,  from  the  Fitchburg  Rail-road 
in  Fitchburg,  through  Winchendon  Village,  to  their  char- 
tered line  in  Royalston,  then  said  Winchendon  Rail-road 
Corporation  are  hereby  authorized  and  empowered  to  locate, 
construct,  and  extend  their  road  through  said  Winchendon 
to  some  convenient  point  upon  the  said  Vermont  and  Mas- 
sachusetts Rail-road,  in  the  town  of  Ashburnham,  with  the 
same  liberty  to  enter  upon  said  last-mentioned  road,  at  the 
latter  point,  and  use  the  same  under  the  same  restrictions 
and  conditions  as  are  above  provided. 

Sect.  2.     The  capital  stock  of  said  Winchendon  Rail-  Capital  stock 
road  Company  shall  consist  of  not  more  than  four  thousand  400000^^^^ 
shares,   the  number  of  which  shall  be  determined,  from  shares  of  ;5 100. 
time  to  time,  by  the  directors   thereof,   and  no  assessment 
shall  be  laid  thereon  of  a  greater  amount,   in   the  whole, 
than  one  hundred  dollars  on  each  share. 

Sect.  3.  If  the  location  of  said  rail-road  be  not  filed.  Time  for  locat- 
according  to  law,  within  four  years  from  the  first  day  of  p]fti^,t  road." 
April  next,  or  if  said  company  shall  not  complete  said  rail- 
road to  the  extent  provided  for  in  the  first  section  of  this 
act,  according  to  the  terms  therein  stated,  within  five  years 
from  the  first  day  of  April  next,  then  this  act  shall  be  null 
and  void. 

Sect.  4.    The  Legislature  may  authorize  any  company  to  The  Lepsiature 
enter  with  another  rail-road  at  any  point  of  said  Winchen-  "Jf/o^thc')-°com- 
don  Rail -road,  and  use  the  same,  or  any  part  thereof,  pay-  pany  to  enter 
ing  therefor  such  a  rate  of  toll  or  compensation  as  the  Le-  life°"oTd^  "^^ 


462  1845. Chap,  115. 

gislature  may,  from  time  to  time,  prescribe,  or  as  may  be 
fixed  by  any  general  law  of  this  Commonwealth,  and  com- 
plying with  such  rules  and  regulations  as  said  Winchendon 
Provided, Sec.    Rail-road  Corporation  may  prescribe:   provided,  hoioever, 
that  no  other  corporation  shall  enter  upon  said  Winchendon 
Rail-road  with  any  motive  power,   unless  said  Winchen- 
don 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  Avith  their 
rail-road  upon  said  Winchendon  Rail-road. 
The  Legisia-         ^ECT.  5.     The  Legislature  may,   after   the  expiration  of 
y'I'arstma/re-    fi^c  ycars  from  the  time  when   the  said  rail-road  shall  be 
duce  tolls  and     opened  for  use,  from  time  to  time,  reduce  the  rates  of  toll,  or 
w^frf^'&r'       other  profits,  upon  said  rail-road ;  but  said   tolls  or  other 
profits  shall  not,  without  the  consent  of  said  corporation, 
be  so  reduced  as  to  produce,  with  said  profits,  less  than  ten 
per  cent,  per  annum. 
May  unite  with       Sect.  6.     Ths  Legislature  of  the  Slate  of  New  Hamp- 
RaiSad'com-  slure  having  established  a  corporation  by  the  name  of  the 
pany,  under  the  Cheshire  Rail-road  Company,  and  empowered  said  com- 
cor"Joratioi^&c.  P^'^Y  ^o  coustruct  a  rail-road  from  any  point  on  the  south 
line  of  said  State,   in  said  Fitzwilliam  or  Rindge,  through 
Keene  to  the  western  boundary  of  said  State,  in  Walpole 
or  Charlestown,  the  corporation  by  this  act  created  and  es- 
tablished is  hereby  authorized,  should  it  be  thought  expedi- 
ent,  to  connect  the  Winchendon  and  Cheshire  Rail-roads, 
and  place  them  under  the  management  and  direction  of  one 
company,  to  unite  with   the  said  Cheshire  Rail-road  Com- 
pany ;  and  when  said  corporations  shall  have  been  united 
as  aforesaid,   the  stockholders  of  one  corporation  shall  be- 
come and  be  stockholders  of  the  other,  and  the  two  com- 
panies shall   constitute  one  corporation,  under  the  name  of 
the  Cheshire  Rail-road  Company  ;  and   all  the  franchises, 
property,  powers  and  privileges,  granted  and  acquired  under 
the  authority  of  said  States  respectively,  shall  be  held  and 
enjoyed  by  all   the  said  stockholders,  in  proportion  to  the 
amount  of  property  or  interest  held   by  them  respectively, 
in  either  or  both  of  said  corporations. 
One  officer  of         Sect.  7.     In  casc  the  two  corporations   shall   unite   as 
after  such"^^^'""'  aforesaid,  one  or  more  of  the  directors,  or  other  officers  of 
union,  must  be    ^j^g  corporation  so  formed,  shall,  at  all  times,  be  an  inhabit- 
Massachuseus°  ant  of  this  Commonwealth,  on  whom  processes  against  said 
company,  and  notices  to  the  same,  may  be  legally  served, 
and  said  company  shall  be  held  to  answer  in  the  jurisdic- 
tion where  the  service  is  made,  and  the  process  is  returnable. 
?oTnTs%^ommis-  And  the  corporation  so  formed  shall  keep  separate  accounts 
sionersofex-     of  their  expenditures  in  Massachusetts  and  JNew  Hamp- 
ceil?ts'"and  '^"    shiro ;    and   one  commissioner  shall  be  appointed  by  the 
profits',  &c.  and  Govcmor  of  cach  State  aforesaid,  to  hold  their  offices  for 

reports,  &c. 


1845. Chap.  115— 117.  463 

the  term  of  four  years,  who  shall  decide  what  portion  of 
all  the  expenditures  of  said  company,  and  of  its  receipts 
and  profits,  properly  pertain  to  that  part  of  the  road  with- 
in, and  what  portion  to  that  part  without,  this  Common- 
wealth ;  and  tiie  annual  report  required  to  be  made  to  the 
Legislature  of  this  Commonwealth  shall  be  approved  by 
the  said  commissioners,  and  shall  show  the  expenditures, 
receipts  and  profits  belonging  to  the  respective  parts  of  said 
road,  in  each  of  the  States  aforesaid :  and  said  commission- 
ers shall  be  reasonably  compensated  by  said  company. 

Sect.  8.     The  corporation  formed   as  aforesaid,  and  the  Liabilities  of 

,  .      ,  -,  ,  .     ^         r  1      ■  n       1      1 1     1  • ,        *     1    'he  corporation 

Stockholders  therem,  so  far  as  their  road   shall    be  situated  in  Massachu- 
in  Massachusetts,  shall  be  subject  to  all   the  duties  and  lia-  setts, 
bilities  of  the  Winchendon  Rail-road   Corporation,   created 
by  this  act,  and   to  the  genera!   laws  of  the  State,   to  the 
same  extent  as  said  company,  and  the  stockholders  therein 
would  be,  were  the  whole  line  of  said  rail-road  located  and 
constructed  within  the   limits  of  Massachusetts:  provided,  Provided, &lc. 
however,  that  the  provisions  contained  in  this  and  the  two 
preceding  sections  of  this  act,  shall  not  take  effect  until  the 
Legislature  of  New  Ilampshire  shall   enact  similar  provi- 
sions, nor  until  said  provisions  shall  have  been  accepted  by 
the  stockholders  of  said  corporations  respectively,  at  legal 
meetings  held  for  the  purpose. 

Sect.  9.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Ajjproved  by  the  Governor,  March  13,  1845.] 

An  Act  establishing  the   Salary  of  the   Messenger  to  the   Governor  and   (Jhdp  116. 

Council. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  arid  by  the  authority  of 
the  same,  as  folloics : 

From  and  after  the  first  day  of  April,  in  the  year  one  Annual  salary 
thousand  eight  hundred  and  forty-five,   the  salary  of  the  j^^^  ^'^'1345 
messenger  to  the  Governor  and  Council   shall  be  six  hun- 
dred dollars  a  year,  which  shall  be  in  full  for  all  services 
rendered  by  him  in  the  public  ofiSces  of  the  Commonwealth. 
{Approved  by  the.  Governor,  March  13,  1845.] 

An  Act  in  addition  to  an  Act  concerning  the  Beaches  of  the  town  of  Chelsea.   Qfiap  117. 

BE  it  enacted  by  the  Seriate  and  House  of  Reprcserita- 
tives,  in  General  Court  assembled,  and  by  the  auilioriiy  of 
the  sam,e,  as  follows : 

Any  person  who  shall   take,  carry  away,  or  remove,  by  Pe"f '^y  "9*  e*' 

1        1  L  .  .  1  1     r  r  ceeding  S20  for 

land  or  by  v/ater.  any  stones,  gravel  or  sand,  irom  any  ot  carryiifgaway 
the  beaches  in  the  town  of  Chelsea,  excepting  that  part  of  stones, &c. from 
the  beach  which  is  included  between  the  Point  of  l-*ines,  so  seaj'^excepi, iV. 
called,  and  a  cedar  post  standing  on   the  beach,  about  three 
hundred  and  fifty  rods  southeast  from  said  Point  of  Pines, 
shall,  for  each  offence,  forfeit   a  sum  not  exceeding   twenty 


464 


1845.- 


■Chap.  117—120. 


ChapUS. 


Imprisonment 
for  non-pay- 
ment of  fine 
and  costs. 


ChapU9. 


Persons  incor- 
porated to  pro- 
mote musical 
education,  &.c. 


Estate  not  to 

exceed 

^10,000. 


dollars,  to  be  recovered  by  complaint  or  indictment,  in  any 
court  of  competent  jurisdiction,  [Approved  by  the  Gover- 
nor, March  14,  1845.J 

An  Act  concerning  the  Punishment  of  Convicts. 

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

Any  person  convicted  of  any  crime  punishable  by  fine 
and  costs  of  prosecution,  and  liable  to  imprisonment  in  the 
county  jail  for  the  non-payment  of  a  fine  and  costs  of  pros- 
ecution, may  be  sentenced  to  suffer  such  imprisonment  in 
the  house  of  correction  instead  of  the  jail,  and  be  confined 
at  hard  labor,  either  in  the  jail  or  the  house  of  correction. 
[Approved  by  the  Governor,  March  14,  1845.] 

An  Act  to  incorporate  the  Harvard  Musical  Association. 

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

Sect.  1.  John  Pickering,  Junior,  Henry  Gassett,  Junior, 
and  John  S.  Dwight,  their  associates  and  successors,  are 
hereby  made  a  corporation,  by  the  name  of  the  "  Harvard 
Musical  Association,"  for  the  purpose  of  promoting  educa- 
tion in  the  science  and  practice  of  music,  and  of  raising  and 
holding  a  fund  for  the  benefit  of  indigent  members  of  the 
association  ;  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.  Said  corporation  may  hold,  for  the  purposes 
aforesaid,  real  estate  and  personal  property  to  an  amount 
not  exceeding  ten  thousand  dollars.  [App7-oved  by  the  Gov- 
ernor, March  14,  1845.] 


Chapl20. 


Width  of  draw 
in  bridge  in 
Kingston  to  be 
30  feet.     Direc- 
tion to  be  deter- 
mined by  a 
commissioner, 
&c.  after  notice, 
&c. 


An  Act  to  authorize  the  Old  Colony  Rail-road  Corporation  to  construct  a 
Bridge  over  Jones's  River. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in.  Ge7ieral  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  Old  Colony  Rail-road  Corporation  is  here- 
by authorized  to  construct  and  maintain  a  bridge  over  and 
across  Jones's  River,  in  Kingston,  in  the  line  of  said  rail- 
road, with  a  draw  thirty  feet  in  width  The  direction  of 
said  draw  shall  be  determined  by  a  commissioner,  to  be 
appointed  by  the  Governor  and  Council,  at  the  expense  of 
said  corporation,  whose  decision  thereupon  shall  be  made 
in  writing,  after  due  notice  to  the  town  of  Kingston,  and 
all  other  persons  interested  therein  as  land  owners  along  the 
bank  of  said  river,  between  the  site  of  the  proposed  bridge 


1845. Chap.  120—123.  465 

and  the  stone  bridge  upon  the  county  road  across  said  river, 
leading  from  Plymouth   to   the  village  of  Kingston.     The  Corporation  to 
said  corporation  shall  be  held  liable  to  raise  or  open  said  [1,3*5^^^^^^," 
draw  whenever  required,  so  as  to  furnish  all  proper  and 
reasonable  accommodation  for  vessels  having  occasion  to 
pass  through  the  same. 

Sect.  2.     This   act  shall  take  efiect  from  and  after  .its  When  to  take 
passage.      [Approved  by  the  Governor^  March  14,  1845.] 

An  Act  to  increase  the  Capital  Stock  of  the  Roxbury  Color  and  Chemical      Chap  121. 

Manufactory.  " 

BE  it  enacted  by  the  Setiate  atid  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

The  "Roxbury  Color  and  Chemical   Manufactory,"  are  Capital  maybe 
hereby  authorized  to  increase  their  capital  stock  by  adding  '^Joo^ooo,  of 
thereto  one  hundred   thousand  dollars;  twenty -five   thou- which  ^25,000 
sand  dollars  of  which  may  be  in  real  estate.     [Approved  by  ^^t^te®'"  ""^^ 
the  Governor,  March  14,  1845.] 

An  Act  to  authorize  the  First  Parish  in  Maiden  to  sell  Parsonage  Property.     Chup  122. 

BE  it  enacted,  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follo2vs  : 

Sect.   1.     The    first  parish   in  the  town   of  Maiden,   is  Treasurer  may 
hereby   authorized    to    sell   and  convey   any   or  all   their  veyanc^es.°°" 
parsonage  lands,  with  the  buildings  thereon,  belonging  to 
said  parish,  situate  in  said   town,  and  the  treasurer  of  said 
parish,  for  the  time  being,  is  authorized  to  execute  a  deed 
or  deeds  to  convey  the  same. 

Sect.  2.     The  proceeds  of  the  sale  of  said  property  shall  investment,  and 
be  invested  in  such  manner  as  said  parish  shall  direct,  and  hfcome.*'°°  ^'^ 
the  income  arising  therefrom,  shall  be  applied  to  the  support 
of  the  ministry  in  said  parish. 

Sect.  3.     This  act  shall   take  efiect  from  and   after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  14,  1845.]         ®^^*^*- 

An  Act  to  establish  the  Lancastec  Savings  Bank.  L/lKip  iZo. 

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

John  M.  Washburn,  Thomas  B.  Warren,  Anthony  Lane,  Persons  incor- 
their  associates  and  successors,  are  hereby  made  a  corpora-  P"""^^®  • 
tion,  by  the  name  of  the  Lancaster  Savings  Bank,   to  be 
established  in  the  town  of  Lancaster,  in  the  county  of  Wor- 
cester, with  all  the  pov.'ers  and  privileges,  and  subject  to  all 
the  duties,  liabilities  and  restrictions,  set  forth  in  the  thirty- 
sixth  chapter  of  the  Revised  Statutes,  and  in  all  other  laws 
of  this  Commonwealth  relating  to  institutions  for  savings. 
[Approved  by  the  Governor,  March  14.  1845.] 
60 


466  1845 Chap.  124. 

nu        1  cy/i     An  Act  to  establish  the  Dividing  Line  between  the  towns  of  Hatfield  and 
O/lOp  iZ^^.  Williamsburg. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  follows  : 
Commencement      Sect.  1,     The  dividing  line  between  the  towns  of  Wil- 
Zldbgnie'!  "'^  liamsburg  and  Hatfield,  in   the  county  of  Hampshire,  shall 
commence  at  the  southeast  angle  of  the  town  of  Williams- 
burg, at  a  point  fifty-five  rods  and  seventeen  links,  in  a 
direction  nearly  east  from  a  stone  monument  on  the  west 
side  of  Horse  Mountain  road,  on  the  line  between  the  towns 
of  Northampton  and  Williamsburg ;  and  shall  thence  run 
north  eleven  degrees  and   thirty  minutes  west,  to  the  south 
line  of  the  town  of  Whately. 
Lands  to  beset       Sect.  2     All  the  land  lying  on   the  west  side  of  the  line 
*'^b"ui*°d^''^'^'  above  described,  which  heretofore  constituted  part  of  the 
town  of  Hatfield,  is  hereby  set  off"  and  annexed  to  the  town 
of  Williamsburg ;  and  all  the   land  lying  on  the  east  side 
of  the  said  line,  which  heretofore  was  within   the  town  of 
Williamsburg,  is  hereby  set  off"  and  annexed  to  the  town  of 
Hatfield. 
Transfer  of  citi-      Sect.  3.     All  peisons  residing  on  the  lands  aforesaid,  shall 
zenship.  bc  deemed  to  be  inhabitants  of  the  town  to  which  the  said 

lands  are  respectively  annexed,  and  shall  be  entitled  to  all 
the  civil   and  political  rights  and  privileges  therein,  that 
they  enjoyed  as  inhabitants  of  the  town  from  which  the 
said  lands  are  severed. 
Williamsburg        Sect.  4.     The  towu  of  Williamsburg  shall  be  liable  for 
liable  for  the      the  support  of  all  poor  persous  who  are  now  chargeable 
pe?FKnVa"'  "POH  the  town  of  Hatfield,  and  who  have  derived  their 
legal  settlement,  legal  Settlement  from  the  ownership  of,  or  residence  upon, 
^"^  any  land  which  is  hereby  set  ofi"  to  said  town,  in  the  same 

manner,  and  to  the  same  extent,  as  the  town  of  Hatfield  is 
now,  and  would  continue  to  be,  liable,  if  this  act  had  not 
passed. 
Williamsburg         Segt.  5.     The  inhabitants  of  the   town  of  Williamsburg 
to  pay  to  Hat-    shall  hereafter  pay  to  the  town  of  Hatfield,  such  proportion 
of  coCty?nd°^  of  all  couuty  and  State  taxes,  as  shall  be  assessed  upon  the 
State  taxes,  &c.  towu  of  Hatfield,  for  the  lands  and  estate  hereby  set  ofi" 
from  said  town,  and  annexed  to  Williamsburg ;  such  pro- 
portion   to  be   ascertained   and   determined   by  the   town 
valuation,  made  in  the  year  one  thousand  eight  hundred 
and  forty. 
When  to  take        Sect.  6.     This  act  shall   take  effect  from  and  after  its 
effect.  passage.     [Approved  by  the  Governor,  March  14,  1845.] 


1846. Chap.  125—126.  467 

An  Act  to  establish  the  Boylston  Bank  in  Boston.  ChcLt)  125. 

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

Sect.  1.     Joseph  H,  Hayward,  John  Redman  and  Josiah  Persons  incor- 
Vose,  their  associates  and  successors,  are  hereby  made  a  H^^f^  ]l  Bos- 
corporation,   by  the  name  of  the   President,  Directors  and  ton  till  October 
Company  of  the  Boylston  Bank,  to  be  located  in  that  part  ^'  ^^^^* 
of  the  city  of  Boston,  south  of  Bedford  and  West  streets, 
and  shall  so  continue  until  the  first  day  of  October,  in  the 
year  one  thousand  eight  hundred  and  fifty-one,  and  shall 
be  entitled  to  all  the  powers  and  privileges,  and  be  subject 
to  all  the  duties,  restrictions  and  liabilities,  set  forth  in  the 
public  statutes  of  this  Commonweallh,  relative  to  banks 
and  banking. 

Sect.  2.     The  stock  of  said  bank  shall  be  transferable  stock  transfer 
only  at  its  banking  house  and  in  its  books.  holfseT&r^"^ 

Sect.  3.     The  capital  stock  of  said  corporation  shall  con-  Capital  to  con- 
sist of  the  sum  of  one  hundred  and  fifty  thousand  dollars,  falhLesTr'^^ 
to  be  divided  into  shares  of  one  hinidred  dollars  each,  to  be  gioo,  &c. 
paid  in  such  instalments,  and  at  such  times,  as  the  stock- 
holders may  direct :  provided,  the  whole  be  paid  in  on  or  Provided,  &c. 
before  the  first  day  of  January  next.     [Approved  by  the 
Governor,  March  14,  1845.] 

An  Act  to  authorize  the  Old  Colony  Rail-road  Corporation  to  extend  their  QhdV  126. 
Road  across  the  Channel  between  South  Boston  and  Boston  proper,  above  " 

the  North  Free  Bridge. 

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

Sect.  1.  The  Old  Colony  Rail-road  Corporation  is  hereby  Location  of 
authorized  to  locate  and  construct  a  rail-road,  commencing  roadandbndge. 
at  a  point  on  the  Old  Colony  Rail-road,  in  South  Boston, 
between  Turnpike  and  First  street,  nearly  opposite  the 
South  Boston  Iron  Foundry,  and  thence  continuing  to  the 
northerly  wharf  of  the  South  Boston  Iron  Company,  thence 
crossing  the  channel  by  a  bridge  to  the  depot  wharf  of  the 
Boston  and  Worcester  Rail -road  Corporation,  and  thence  to 
the  vicinity  of  Albany  and  Beach  streets :  provided,  that  Provided,  &c 
nothing  herein  contained  shall  authorize  the  said  Old  Colo- 
ny Rail-road  Corporation  to  extend  their  rail-road  farther 
than  the  southeasterly  margin  of  the  said  channel,  or  to 
build  a  bridge  across  the  same,  unless  an  agreement  in  writ- 
ing shall  first  be  entered  into  by  the  said  corporation,  with 
the  directors  of  the  Boston  and  Worcester  Rail-road  Corpo- 
ration, by  which  the  said  last  named  corporation  shall  give 
their  consent  thereto,  and  to  an  arrangement  for  the  passing 
of  the  locomotives  and  cars  of  the  said  Old  Colony  Rail- 
road   Corporation    over   the  premises   of   the   said  Boston 


468 


1845.- 


■Chap.  126—128. 


Width  and  con- 
struction of 
draw. 


Bridge,  &c.  to 
be  constructed 
under  direction 
of  a  commis- 
sioner, &c. 

Corporation  to 
open  the  same, 
&c. 


JVIotive  power 
&c..  to  be  regu- 
lated by  mayor 
and  aldermen  of 
Boston. 


When  to  take 
effect. 


Chapm. 


Persons  incor- 
porated, to 
build  and  main- 
tain a  bridge 
between  Chil- 
mark  and  Gay- 
head,  &c. 


Provided,  &c. 


When  to  teike 
effect. 


Chap  12S. 


Capital  stock 
may  be  in- 
creased by 
g25,000,  in 
shares  of  ^100, 
&c. 


and  Worcester  Rail-road  Corporation,  within  limits  afore- 
said. 

Sect.  2.  The  bridge  across  said  channel  shall  have  a 
draw  thirty-one  feet  in  width,  with  suitable  piers ;  the  pier 
nearest  the  Old  Sonth  Boston  Bridge  to  be  placed  on  the 
side  of  the  draw  next  to  South  Boston;  and  the  pier  nearest 
the  North  Free  Bridge,  to  be  placed  on  the  side  of  the  draw 
next  to  Boston  proper :  and  the  said  bridge,  draw  and  piers 
shall  be  constructed  under  the  direction  of  a  commissioner, 
to  be  appointed  by  the  Governor  and  Council,  at  the  ex- 
pense of  the  Old  Colony  Rail-road  Corporation ;  and  the 
said  corporation  shall  be  held  liable  to  keep  said  draw  in 
good  repair,  and  to  open  the  same  when  required,  so  as  to 
afford  all  reasonable  and  proper  accommodation  for  vessels 
having  occasion  to  pass  through  the  same. 

Sect.  3.  The  motive  power,  and  the  rate  of  speed  for 
crossing  any  of  the  streets  in  the  city  of  Boston,  as  well  as 
the  securities  at  the  crossings,  shall  be  regulated  in  such 
manner  as  shall  be  required  by  the  mayor  and  aldermen  of 
said  city. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  15,  1845.] 

Aq  Act  to  authorize  the  Constructioa  of  a  Bridge  over  Manamsha  Creek. 

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

Sect.  1.  Thomas  Cooper,  Michael  Madison,  Freeman 
Cottle,  and  such  others,  as  may  associate  with  them,  are 
hereby  authorized  to  construct  and  maintain  a  bridge,  at 
their  own  expense,  over  Manamsha  creek,  between  the 
town  of  Chilmark  and  the  Indian  settlement,  known  by  the 
name  of  Gayhead,  in  Dukes  County,  of  sufficient  width  to 
accommodate  the  travel  over  said  creek ;  said  bridge  lo  be 
built  of  good  materials,  and  sufficiently  high  to  admit  boats 
to  pass  under  the  same,  and  to  have  sufficient  railings  to 
protect  travellers,  and  no  toll  shall  be  charged  or  taken  for 
passing  over  the  same. 

Sect.  2.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  15,  1845.] 

An  Act  to  increase  the  Capital  Stock  of  the  Union  Insurance  Company. 

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

The  Union  Insurance  Company,  in  the  town  of  Province- 
town,  are  hereby  authorized  to  increase  their  capital  stock, 
by  an  addition  thereto  of  the  sum  of  twenty-five  thousand 
dollars,  to  be  divided  into  shares  of  one  hundred  dollars, 
to  be  collected  and  paid  in  such  instalments,  and  under 


1845. Chap.  128—130.  469 

such  provisions  and  penalties,  as  the  president  and  directors 
of  the  said  company  may  appoint.  [App7^oved  by  the  Gov- 
ernor, March  15,  18  45.  J 

An  Act  to  incorporate  the  Third  Congregational  Society  in  Dan  vers.  ChCLT)  129. 

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

Sect.  1.  Samuel  P.  Fowler,  Frederic  How,  Jonathan  Persons  incor- 
Perry,  and  all  other  persons  who  are  or  may  become  propri-  P^i^ated. 
etors  in  the  new  meeting-house,  on  Porter's  Plains,  so  called, 
in  Daiivers,  and  their  successors,  are  hereby  made  a  corpo- 
ration, by  the  name  of  the  Third  Congregational  Society  in 
Danvers,  with  all  the  powers  and  privileges,  and  subject  to 
all  the  duties  and  liabihties,  set  forth  in  the  twentieth  and 
forty-fourth  chapters  of  the  Revised  Statutes,  so  far  as  said 
provisions  shall  be  applicable  in  such  case. 

Sect.  2.     The  said  society  shall  have  the  power  to  hold  Annual  income 

1  1    i       ii  1   •  r       u'    I  I        of  estate  exclu- 

and  manage  any  estate,  the  annual  mcomeoi  which,  exclu-  sive,  &c.,  not  to 
sivc  of  their  meeting-house  and  land  under  and  adjoining  exceed  pooo, 
the  same,  shall  not  exceed  two  thousand  dollars,  and  which  ^J^^  ^pp''^''' 
shall  be  applied  exclusively  to  parochial  purposes. 

Sect.  3.     Said  society  shall  have  power  to  assess  upon  Corporation 
the  pews  in   their  meeting-house,  according  to  a  valuation  i^ay  assess 

,       ^    r  T       n  1  1  111  I  iij'        -1   pews  according 

thereof,  to  be  nrst  made  and  recorded  by  the  clerk  or  said  to  valuation, 
society,  such  sums  as  may  be,  from  time  to  time,  voted  by  "^'■• 
said  society,  to  be  raised  for  the  support  of  public  worship 
in  said  meeting-house,  and  for  all  other  parochial  purposes; 
and  all  such  assessments  may  be  collected  in  the  maimer 
provided  in  the  thirty-second,  thirty-third  and  thirty-fourth 
sections  of  the  twentieth  chapter  of  the  Revised  Statutes. 

Sect.  4.     At  all  meetings  of  the  corporation,  the  proprie-  Qualifications 
tors  of  the  pews,  and  no  other  persons,  shall  be  entitled  to  «<■  voters. 
vote,  allowing  two  votes  for  every  pew. 

Sect.  5.     This  act  shall   take  effect  from  and  after  its  When  to  take 
passage.     [Ajiproved  by  the  Governor,  March  15,  1845. j         ^  ^'^^' 


An  Act  to  incorporate  the  White  Pond  Fishing  Company.  Chnn  1  SO 

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

Sect.  1.     Henry  Kelley,  John   Robbins,  Job  Chase,  their  Persons mcor- 
associates  and  successors,  are  hereby  made  a  corporation,  fmp^lwe the aie- 
by  the  name  of  the  White  Pond  Fishing  Company,  in  Har-  wive  fishery  in 
wich,  for  the  purpose  of  making  improvements,  for  the  pre-  ^"'^"=^' 
servation  and   taking  of  fish,  called  ale  wives,  in   a  brook 
between   Herring  River,   and  a  pond  known  as  the  White 
Pond,  in  said  Harwich,  and  for  that  purpose,  shall  have  all 
the  powers  and  privileges,  and  be  subject  to  all  the  duties, 
restrictions  and  liabilities,  set  forth  in  the  forty-fourth  cliap- 
ter  of  the  Revised  Statutes. 


470 


1845.- 


-Chap.  130—132. 


Satisfaction  for 
damages. 


Abutters  may 
become  mem- 
bers of  the  cor- 
poration, pro- 
vided, &c. 


When  to  take 
effect. 


fki^^'Xl^fish       Sect.  2.     If  any  person,  without  the  permission  of  said 
withou'tthe      '  corporation,  shall  take,  catch,  or  haul  on  shore,  any  of  said 
leave  of  said      gg]^  jj^  ^j^g  brook  or  the  pond,  from  which  said  brook  issues, 
corpora  ion.       j^^  shall  forfeit  and  pay  a  fine  not  exceeding  five  dollars  for 
each  offence,  if  the  quantity  so  taken  be  less  than  one  bar- 
rel :  but  if  the  quantity  be  more  than  one  barrel,  such  per- 
son so  olfending  shall  forfeit  and  pay  for  each  barrel  of  fish 
so  taken,  five  dollars  for  the  use  of  said  corporation,  to  be 
recovered  in  any  court  proper  to  try  the  same. 

Sect.  3.  If  any  damage  shall  be  done  by  said  corpora- 
tion to  the  property  of  any  individual  not  a  member  of  the 
corporation,  such  individual  shall  be  entitled  to  reasonable 
damage  therefor. 

Sect.  4.  All  persons  who  now  are,  or  shall  hereafter  be, 
owners  of  land,  adjoining  said  brook  or  pond,  may  become 
members  of  said  corporation,  subject,  however,  to  pay  their 
proportional  part  of  the  expense  which  shall  have  been  in- 
curred by  said  corporation,  before  the  time  of  their  admis- 
sion. 

Sect.  5.  This  act  shall  take  effect  from  and  after  its 
passage.     [App?^oved  by  the  Governor,  March  15,  1845.] 

Chcip  131 .        -A-n  Act  in  addition  to  an  Act  to  incorporate  the  Richmond  Iron  "Works. 

BE  it  enacted  by  the  Senate  and  Honse  of  Rejiresenta- 
tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  The  corporation  known  by  the  name  of  the 
Richmond  Iron  Works,  is  hereby  authorized  to  carry  on  the 
business,  for  which  it  was  incorporated,  as  well  in  the  town 
of  Great  Barrington,  in  the  county  of  Berkshire,  as  in  the 
town  of  Richmond. 

Sect.  2.  Said  corporation  may  hold,  for  the  purposes 
aforesaid,  real  estate  to  the  amount  of  fifty  thousand  dollars, 
in  addition  to  the  amount  now  authorized  by  their  act  oif 
incorporation,  and  the  whole  capital  stock  of  the  company 
which  it  may  hold,  shall  not  exceed  the  sum  of  two  hun- 
dred thousand  dollars.  \Approved  by  the  Govej-nor,  March 
15,  1845.] 

Chap  132.  An  Act  to  incorporate  the  Dorr  Manufacturing  Company. 

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

Sect.  1.     Henry  Edwards,  James  A.  Dorr,  William  G. 
Lewis,  their  associates,  successors  and  assigns,  are  hereby 
hosiery  in  Rox-  made  a  corporation,  by  the  name  of  the  Dorr  Manufacturing 
^^^'  Company,  for  the  purpose  of  manufacturing  hosiery,  in  the 

town  of  Roxbury,  in  the  county  of  Norfolk,  and,  for  this 
purpose,  shall  have  all  the  powers  and  privileges,  and  be- 
subject  to  all  the  duties,  restrictions,  and  liabilities,  set  forth 


May  transact 
business  in 
Great  Barring 
ton  and  Rich- 
mond. 


Real  estate  may 
be  increased  by 
^50,000,  and 
capital  stock 
may  not  exceed 
^200,000. 


Persons  ineor 
porated  to 
manufacture 


1845. Chap.  132—134.  471 

in  the  thirty-eighth  and  forty-fourth  chapters  of  the  Revised 

Statutes. 

Sect.  2.     Said  corporation  may,  for  the  purposes  afore-  Real  estate  not 

said,  hold  real  estate  to  the  amount  of  fifty  thousand  dol-  ^50^000,  and 

lars,  and  the  whole  capital  stock  of  said  corporation  shall  capital  stock 

til  i?2no  000 

not  exceed  the  amount  of  two  hundred  thousand  dollars.  ^     '     ' 

[Approved  by  the  Governor,  March  15,  1845.] 

An  Act  in  addition  to  an  Act  to  incorporate  the  Berkshire  Rail-road  Com-  Chdp  133. 

pany. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Covrt  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  The  Berkshire  Rail-road  Company  are  hereby  Location  of 
authorized  to  locate  and  construct  a  branch  rail-road,  from  ^^^^^  ""*'" 
some  convenient  point,  northerly  from  the  depot  at  Vandu- 
senvilie,  in  Great  Harrington,  through  or  near  Housatonic- 
ville,  and  on  the  west  side  of  the  Housatonic  River  to  the 
Stockbridge  Iron  Works;  and,  in  the  laying  out,  construct- 
ing, and  use  of  said  branch  rail-road,  the  said  company 
shall  possess  all  the  powers,  enjoy  all  the  privileges,  and  be 
subject  to  all  the  liabilities,  which  are  granted  to  and  im- 
posed upon  them  by  their  original  charter,  and  by  such 
other  provisions  of  law,  relating  to  rail-roads,  as  have  been 
subsequently  passed. 

Sect.  2.     This  act  shall  take  effect  from  and  after   its  When  to  take 
passage.     [Aj^pj^oved  by  the  Governor,  March  15,  1845.]         ^  ^'^^' 

An  Act  to  incorporate  the  Grafton  Aqueduct  Company.  ChciT)  134. 

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

Sect.  1.     Lovel  Baker,  Samuel  Wood,  Lovel  Stow,  their  Persons  incor- 

n  J  1,  1  ..•  porated,  to 

associates  and  successors,  are  hereby  made  a  corporation,  maintain,  or 
by  the  name  of  the  Grafton  Aqueduct  Company,  for  the  construct  and 
purpose  of  maintaining  an  aqueduct  as  now  constructed,  or  "q^uedu'ct'in" 
for  the  purpose  of  constructing  and   maintaining  a  larger  Grafton. 
one,  if  necessary,  to  conduct  water  from  the  springs  situat- 
ed on  land  of  Dennis  Warren   in  Grafton,  in   the  county  of 
Worcester,  to  the  several  houses  and  other  buildings  of  the 
several  individuals  composing  said  corporation,  and  to  other 
places  in  the  Centre  Village  in  said  Grafton,  for  useful  pur- 
poses, agreeably  to  the  provisions  contained  in  the  fortieth 
chapter  of  the  Revised  Statutes,  with  all  the  powers  and 
privileges,   and  subject  to  all   the  duties,  restrictions  and 
liabilities,  set  forth  in  the  forty-fourth  chapter  of  the  Re- 
vised Statutes,  so  far  as  the  same  are  applicable  to  said 
corporation,  and  not  inconsistent  with  other  provisions  of 
this  act. 
Sect.  2.     The  capital   stock   of  said  company  shall  be  Cap t.-i stock 


472 


1845.- 


■Chap.  134—135. 


not  to  exceed 
55,000,  in 
shares  of  ^25. 
Privilege  of 
stock-liolders. 

Conveyance  of 
sli  ares,  fines  and 
assessments. 


Duties  of 
gauger,  to  be 
annually  cho- 
sen. 


May  purchase, 
&c.  real  estate, 
and  dig  up,  &c. 
streets. 


Provided,  &c. 


Penalties  for 
defiling  and  cor- 
rupting the 
waters. 


Private  pro- 
perty only  to  be 
acquired  by 
contract. 


divided  into  shares  of  twenty-five  dollars  each,  and  shall 
not  exceed,  in  the  whole,  the  sum  of  five  thousand  dollars. 
Each  share  shall  entitle  the  owner  to  take  his  proportional 
part  of  the  water  from  the  main  pipe  of  said  aqueduct. 

Sect.  3.  The  shares  aforesaid  may  be  conveyed,  an'd 
fines  and  assessments  may  be  imposed  and  collected,  in 
such  manner  as  said  corporation,  by  their  by-laws,  shall  de- 
termine. Such  fines  and  assessments  shall  constitute  a  lien 
upon  the  shares  respectively. 

Sect.  4.  A  suitable  person  shall  be  annually  chosen  and 
sworn  to  gauge  and  distribute,  as  near  as  may  be,  to  indi- 
vidual members  of  the  corporation,  their  respective  and 
equal  proportions  of  the  water  ;  and  said  guager  shall  be  a 
competent  witness  in  the  collection  of  fines  under  the  by- 
laws of  said  corporation,  notwithstanding  he  may  be  a 
member  of  said  corporation. 

Sect.  5.  Said  corporation  may  purchase  and  hold  real 
estate  for  the  purposes  aforesaid,  and  may  dig  up  and  open 
any  street  or  way  in  said  town  for  the  purpose  of  placing 
such  pipes  and  fixtures  and  other  appurtenances  of  said 
aqueduct,  as  may  be  necessary  for  the  purpose  of  maintain- 
ing the  same ;  provided^  that  the  convenient  passing  of 
teams  and  carriages  is  not  prevented  thereby,  and  that  any 
injury  thus  done  to  any  street  or  way  shall  be  repaired  by 
said  corporation. 

Sect.  G.  Any  person  who  shall  maliciously  defile  or 
corrupt  the  waters  v/hich  su])ply  said  aqueduct,  or  shall 
maliciously  injure  said  aqueduct  or  any  of  its  appurtenan- 
ces, shall  forfeit  for  each  offence  a  sum  not  exceeding  one 
hundred  dollars  to  the  use  of  said  town  of  Grafton  ;  and 
shall  also  be  liable  to  pay  three  times  the  amount  of  dama- 
ges sustained  by  said  corporation,  to  be  recovered  by  them 
in  an  action  of  the  case. 

Sect.  7.  Nothing  in  this  act  shall  enable  said  corpora- 
tion to  appropriate  individual  property  to  their  own  use, 
unless  it  be  by  contract  or  agreement  with  the  owner 
thereof.     \Ap])roved  by  the  Governor,  March  15,  1845.] 


CllCtp  1 35.  An  Act  establishing 


Annual  salary 
,<?200for  Jud;., 
and  ^300  for' 
Register,  afior 
April  1,  ICi.j. 


the  Salaries  of  the  Judge  and  Register  of  Probate  for 
the  County  of  Nantucket. 

BE  it  enacted  by  the  Senate  and  House  of  Rej)resenta- 
tivcs,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  From  and  after  the  first  day  of  April,  in  the 
year  one  thousand  eight  hundred  and  forty-five,  the  Judge 
of  Probate  for  the  county  of  Nantucket,  shall  receive  for 
his  services  an  annual  salary  of  two  hundred  dollars;  and 
the  Register  of  Probate  for  said  counter,  shall  receive  for 
his  services  an  annual  salary  of  three  hundred  dollars;  and 
said  salaries  shall  be  payable  quarterly  out  of  the  treasury 
of  the  Commonwealth. 


1845. Chap.   135—138.  473 

Sect.  2.     All  acts  and  parts  of  acts  inconsistent  with  this  Repeal  of  in- 
act  are  hereby  repealed.    [Approved  by  the  Governor,  March  vu"onlr'  ^™" 
15,  1845.] 

An  Act  in  addition  to  an  Act  entitled  An  Act  to  incorporate  the  Trinity  QhaV  136. 
Church  in  the  town  of  Bridgewater.  -^ 

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

Sect.  1.     All  questions  relative  to  the  use,  occupancy,  Pew-ownersto 
repairs  or  rebuilding  of  any  church,   edifice,   or  place  of  ^^y^fc^^'^ 
public  worship,  which  the  Trinity  Church  in   Bridgewater  having  one  vote 
may  own,  shall  be  determined  by  the  pew  owners  present  for  every  pew. 
and  voting  thereon,  each  pew  owner  to  be  entitled  to  as 
many  votes  as  he  shall  own  pews  in  said  church,  edifice,  or 
place  of  public  worship. 

Sect.  2.  Said  corporation  shall  have  power  to  make  by-  f^^^^^®^^^' 
laws,  determining  the  manner  by  which  persons  hereafter  thl admission 
may  become  members  of  said  corporation.  of  members. 

Sect.  3.     The  second  section  of  the  act  to  which  this  is  ^/P^f ' ''''.*<=^ 

.  T  ot  1816,  chap. 

HI  addition,  is  hereby  repealed.  I2,sect.  2. 

Sect.  4.     This  act  shall   take  eff"ect  from  and  after  its  when  to  take 
passage.     [Appi'oved  by  the  Governor,  March  15,  1845.]         ^ff'^'^'- 

An  Act  concerning   the  Proprietors  of  the  Mount  Hope  Canal  and  "Wharf  CkcipASl. 

Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General   Court  assembled,  and  by  the  authority  of 
the  sarne,  as  follows  : 

The  term  of  years,  during  which  the  proprietors  of  the  Time  for  build- 
Mount  Hope  Canal  and  Wharf  Company  were  authorized,  "efdedTo March 
by  "  an  act  passed  the  third  day  of  March,  in  the  year  one  is,  1846. 
thousand  eight  hundred  and  forty-two,"  to  construct  their 
canal,  as  set  forth  in  the  fourth  section  of  said  act,  is  here- 
by extended  one  year  from  the  passage  of  this  act,  any- 
thing in  the  said  fourth  section  to  the  contrary  notwith- 
standing.    [Approved  by  the  Governor,  March  15,  1845.] 

An  Act  to  authorize  Isaac  Vincent  to  plant  Oysters  in  Acushnet  River.        Chcip  138. 

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

Sect.  1 .    Isaac  Vincent  of  Fairhaven,  in  the  county  of  May  plant  and 
Bristol,  his  heirs  and  assigns,  are  hereby  authorized  to  plant  N'fw^^edford, 
and  dig  oysters  in  the  waters  and  fiats  of  the  Acushnet  &.c. 
River,  from  high  water  mark  to  the  channel  of  said  river, 
in   front   of  said  Vincent's  lot   of  land  in  New  Bedford, 
bounded  southerly  by  land  of  Levi  Howes,  northerly  by 
land  of  Nathaniel  S.  Spooner,  and  easterly  by  said  river. 

Sect.  2.     The  said  Vincent,  his  heirs  and  assigns,  shall  Penalty  for 
Gl 


474  1845. Chap.   138—140. 

planting  and      have  the  exclusive  use  of  the  said  waters  and  flats,  to  the 
wafin^20^ears,  ^^^^  extent  for  the  purpose  of  planting  and  digging  oysters 
without  permis-  for  the  term  of  twenty  years ;  and  if  any  person  shall  with- 
Vi'ncem*&c.      ^^  ^^^^  limits  dig  lor  or  take  any  oysters  during  the  term 
aforesaid,   without  leave  of  said  Vincent,  his  heirs  or  as- 
signs, he  shall  forfeit  and  pay  a  fine  not  exceeding  five 
dollars  for  each  offence,  to  be  recovered  in  any  court  proper 
to  try  the  same.     [Approved  by  the  Governo?^,  March   17, 
1845.] 

CAflDl39.  -All -Act  to  authorize  the  First  Parish  or  Congregational  Society  in  Barre  to 
^  '  tax  Pews. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  IJourt  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 
b'^mldT&c^*'       Sect.  1.     The  First  Parish  or  Congregational  Society  in 
uponavaiua-     Barre  is  hereby  authorized  to  assess  upon  the  pews,  in  any 
tion,  &c.  meeting-house  which  said  parish  may  hereafter  build,  or 

which  may  be  hereafter  conveyed  to  said  parish,  for  the 
purpose  of  public  worship,  any  sum  or  sums  of  money 
which  shall  hereafter  be  voted  to  be  raised  by  said  parish 
for  the  support  of  public  worship,  and  other  parochial 
charges,  and  for  the  repairs  of  such  meeting-house,  according 
to  a  valuation  of  said  pews,  which  shall  first  be  agreed 
upon  by  said  parish  and  recorded  ;  and  all  such  assessments 
may  be  collected  in  the  manner  provided  by  the  thirty- 
second,  the  thirty-third  and  thirty-fourth  sections  of  the 
twentieth  chapter  of  the  Revised  Statutes. 
When  to  take  Sect.  2.  Tliis  act  shall  take  effect  from  and  after  its 
effect.  passage.     [Approved  by  the  Governor,  March  17,  1845.] 

ynfL    1  AQ  An  Act  to  incorporate  the  Nissetisset  Manufacturing  Company. 

*      BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  foUoios  : 
Persons  incor-        Sect.  1.     Johu  Farrar,  Farewell  Farrar,  their  associates 
ufaciure  w^t°'  ^"^  succcssors,  are  hereby  made  a  corporation,  by  the  name 
len  goods  in       of  the  Nissctissct  Manufacturing  Company,  for  the  purpose 
Peppereii.         ^^  manufacturing  woollen  goods  in  the  town  of  Pepperell,  in 
the  county  of  Middlesex;   and  for  this  purpose,  shall   have 
all  the  powers  and  privileges,  and  be  subject  to  all  the  du- 
ties, restrictions  and  liabilities,  set  forth  in  the, thirty-eighth 
and  forty-fourth  chapters  of  the  Revised  Statutes. 
Real  estate  not      Sect.  2.     The  said  corporation  may  hold,  for  the  purpo- 
gso'ow'^and      ^^^  aforcsaid,   real   estate  to  the  amount  of  twenty  thou- 
capital  ^60,000.  sand  dollars,  and  the  whole  capital  stock  of  said  corpora- 
tion shall  not  exceed  fifty  thousand  dollars.     lA2yp7oved  by 
the  Governor,  March  17,  1S45.] 


1845. -Chap.  141—143.  476 

An  Act  to  authorize  the  East  Pai'ish  Congregational  Society  in  Haverhill  to  QJidn  141. 
sell  their  Parsonage  Lands.  ^ 

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

Sect.   1.     The   East   Parish    Congregational    Society  in  Parish  treasurer 
Haverhill  is  hereby  authorized  to  seU  the  several   tracts  of  ^onve^y^Sl 
land  owned  by  said  parish,  lying  in  said  town,   and  the 
treasurer  of  the  parish,  for  the  time  being,  is  authorized  to 
execute  a  deed  or  dcieds  to  convey  the  same. 

Sect.  2.     The  proceeds  of  the  sale  of  said  property  shall  investment  ^id 
be  invested  in  such  manner  as  said  parish  shall  direct,  and  mcome.*°°° 
the  income  arising  therefrom  shall  be  applied  to  the  support 
of  the  minister  in  said  parish. 

Sect.  3.     This  act  shall  take  effect  from  and  after  its  wiientotake 
passage.     [Approved  by  the  Governor,  March  17,  1845. J 

An  Act  authorizing  the  town  of  Barnstable  to  construct  a  Bridge.  Chnn  1 42 

BE  ii  enacted  by  the  Senate  and  House  of  Representa- 

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

the  same,  as  follows  : 

The  inhabitants  of  the  town  of  Barnstable,  in  the  county  Location,  con- 

of  Barnstable,  are  hereby  authorized  to  construct  and  main-  ^truction,  and 

,     .  ,        '  ■'  .  n     ■  -,  •         ,       maiutenaucC; 

taui  a  bridge  across  a  certain  stream  ot  tide  water  in  the  form,&c., 
village  of  Centerville,  in  said  town,  at  the  soutlierly  termi-  of  a  bridge  m 
nation  of  a  road  passing  near  the  house  of  Clement  Killey ; 
said  bridge  to  be  built  in  such  form,  and  under  such  re- 
strictions, as  may  be  consistent  with  the  ordinary  and  ac- 
customed use  of  said  stream.  [Approved  by  the  Governor, 
March  17,  1845.] 

An  Act  to  incorporate  the  First  Congregational  Society  in  Fairhaven.  f^hnn  lA*^ 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 

tivcs,  in  General  Court  assernbled,   and  by  the  authority  of 

the  same,  as  follows  : 

Sect.  1.     VV'illiam  L.  B.  Gibbs,  F.  R.  Whitwell,  Nathan  Persons  incor- 

Church,  and  such   persons  as  are  or  shall  become  proprie-  P°''f' ^^  '"  ^"P- 

'  .i.  .  r      f  port  coucrega- 

tors  01  pews  in  the  meeting-nouse  situated  on  the  corner  of  tionai  worship. 
Center  and  William  streets,  in  Fairhaven,  comity  of  Bris- 
tol, and  their  successors,  are  hereby  made  a  corporation,  by 
the  name  of  the  First  Congregational  Society  in  Fairhaven, 
with  all  the  powers  and  privileges,  and  subject  to  all  the 
duties  and  liabilities,  set  forth  in  the  twentieth  and  forty- 
fourth  chapters  of  the  Revised  Statutes,  so  far  as  said  pro- 
visions shall  be  applicable  in  such  case. 

Sect.  2.     The  said  society  shall  have  the  power  to  hold  Estate,  exdu- 
and  manage  any  estate,  the  income  of  which,  exclusive  of  be  sufh'^asTo^^ 
their  meeting-liousc  and  lot,  shall  not  exceed  two  thousand  yield  an  income 
dollars,  and  which  shall  be  applied  exclusively  to  parochial  a*^ ^ifedk.' ' aro- 

purposes.  chial  purposes. 


476  1845.-- Chap.  143—145. 

Assessments  to       Sect.  3.     The  Said  society  shall  have  power  to  assess, 
pe%^^ipon"a      upon  the  pews  in  their  meeting-house,  according  to  a  valu- 
vaiuation,  &c.    ation  thereof,  to  be  first  made  and  recorded  by  the  clerk  of 
said  society,  such  sums  as  may  be  from  time  to  time  voted 
by  said  society  to  be  raised  for  the  support  of  public  wor- 
ship in  said  meeting-house,  and  for  other  parochial  purpo- 
ses; and  all  such  assessments  may  be  collected  in  the  man- 
ner provided  in  the  thirty-second,  thirty-third  and  thirty- 
fourth  sections  of  the  twentieth  chapter  of  the   Revised 
Statutes. 
When  to  take         Sect.  4.     This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  17,  1845.] 

Chfin  144  ^"^  ^^^  ^^  incorporate  the  Cohasset  Mutual  Fire  Insurance  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Persons  iflcor-  Johu  Bates,  Henry  J.  Turner,  Josiah  O.  Lawrence,  their 
hasaet  fo'r"28°"  associatcs  and  successors,  are  hereby  made  a  corporation, 
years,  to  insure  by  the  name  of  the  Cohasset  Mutual  Fire  Insurance  Com- 
mutuatprind'.''^  pauy,  in  the  town  of  Cohasset,  in  the  county  of  Norfolk, 
pie.  for  the  term  of  twenty-eight  years,   for  the  purpose  of  in- 

suring dwelling-houses  and  other  buildings,  and  personal 
property,  throughout  the  Commonwealth,  against  loss  by 
fire  ;  with  all  the  powers  and  privileges,  and  subject  to  all 
the  duties,  liabilities  and  restrictions,  set  forth  in  the  thirty- 
seventh  and  forty-fourth  chapters  of  the  Revised  Statutes. 
[Approved  by  the  Governor,  March  18,  1845.] 

Chfin  145  ^"^  ^'^'^  ^^  establish  the  Hampshire  and  Franklin  Bank. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 
Persons  incor-  Sect,  1.  John  Dickiuson,  Jr.,  David  Mack,  Jr.,  Luke 
bankers  in  Am-  Sweetser,  their  associates  and  successors,  are  hereby  created 
herst  till  Oct.  1,  a  corporation,  by  the  name  of  the  President,  Directors  and 
^^^'  Company  of  the  Hampshire  and  Franklin  Bank,  to  be  es- 

tablished in  Amherst,  and  shall  so  continue  until  the  first 
day  of  October,  in  the  year  one  thousand  eight  hundred  and 
fifty-one,  and  shall  be  entitled  to  all  the  powers  and  privi- 
leges, and  subject  to  all  the  duties,  liabilities  and  require- 
ments, contained  in  the  thirty-sixth  and  forty-fourth  chap- 
ters of  the  Revised  Statutes,  and  all  other  laws  of  the  Cpm- 
monwealth  relating  to  banks  and  banking. 
TraiMfer  of  Sect.  2.     The  stock  in  said  bank  shall  be  transferable 

'"^°  ■  only  at  its  banking  house  and  in  its  books. 

Capital  to  con-  Sect.  3.  The  capital  stock  of  said  corporation  shall  con- 
k  shLtTf*^'  sist  of  one  hundred  thousand  dollars,  to  be  divided  into 
^100,  to  be  shares  of  one  hundred  dollars  each,  to  be  paid  in  such  in- 
?^^>  '^*=-         stalments,  and  at  such  times,  as  the  stockholders  may  direct : 


1845. Chap.  145—148.  477 

provided,  the  whole  be  paid  in,  on  or  before  the  first  day  of  Provided,  6cc. 
April,   one   thousand  eight  hundred  and   forty-six.     [Ap- 
proved by  the  Governor,  March  18,  1845.] 

An  Act  to  change  the  Name  of  the  First  Congregational  Church  and  Society   QhCLT)  146. 

in  Troy.  " 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithoriiy  of 
the  same,  as  follows : 

Sect.  1.     The  First  Congregational  Church  and  Society  To  be  named 
in  Troy,  shall  be  known  and  called   by  the  name  of  the  lreg-aUonai°°" 
First  Congregational   Society  in  Fall  River,   and  as  such  Society  in  Fail 
shall  hold  and  possess  all  the  property,  and  be  entitled  to    '^*^'^'    '^' 
all  the  rights  and  privileges,  and  subject  to  all  the  liabili- 
ties of  said  First  Congregational  Church  and  Society  in 
Troy. 

Sect.  2.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  18,  1845.] 

An  Act  to  incorporate  the  East  Boston  Cotton  Mills.  ChciJ)  147. 

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

Sect.  1.     Robert  G.  Shaw,  Caleb  Chase,  Thomas  Motley,  Persons  incor- 
Jr.,  their  associates  and  successors,  are  hereby  made  a  cor-  ufaciure^couon" 
poration,  by  the  name  of  the  East  Boston  Cotton  Mills,  for  goods  by  steam 
the  purpose  of  manufacturing  cotton  goods  by  steam  at  '"  ^°*'°"- 
East  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  Stat- 
utes. 

Sect.  2.      Said   corporation   may    hold,    for  the  purpo- Real  estate  not 
ses  aforesaid,  real  estate  to  the  amount  of  two  hundred  ^200^000,  and 
thousand  dollars ;  and  the  whole  capital  stock  of  said  cor-  capital 
poration  shall  not  exceed  five  hundred  thousand  dollars.  ^^   '     ' 
[Approved  by  the  Govertior,  March  18,  1845.] 

An  Act  to  incorporate  the  Marblehead  Manufacturing  Company.  Chnn  1  Afi 

BE  it  enacted  by  the  Senate  and  House  nf  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios : 

Sect.  1.     Jason  Chamberlin,  John  Quiner,  William  Ham-  Persons  incor- 
mond,  their  associates  and  successors,  are  hereby  made  a  p?''^/®'^  *°  ■"^"" 

•  r    1        n/r      1  1    1  1    HT  /-  ufactiire  cotton 

corporation,  b}''  the  name  of  the  Marblehead  Manulacturmg  goods  in  Mar- 
Company,  for  the  purpose  of  manufacturing  cotton  goods  in  '''<='-cad. 
the  town  of  Marblehead,  in  the  county  of  Essex  ;  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. 


478 


1845.- 


Chap.  148—150. 


Real  estate  not 
to  exceed 
5100,000,  and 
capital 
5200,000. 


ChapUd, 


Repeal  of  act 
of  1821,  chap. 
67,  §  5. 

Persons  entitled 
to  take  fish  with 
seines  in  Little 
River,  &c.  on 
certain  days. 


Penalty  for 
lishingon  other 
days. 

When  to  take 
effect. 


Chap  150. 


Persons  incor- 
porated in 
Westborough 
for  purposes  of 
education. 


Real  estate  not 
to  exceed 
550,000,  and 
personal  estate 
525,000. 


Sect.  2.  The  said  corporation,  for  the  purposes  afore- 
said, may  hold  real  estate  to  the  amount  of  one  hundred 
thousand  dollars,  and  the  whole  capital  stock  of  said  corpo- 
ration shall  not  exceed  two  hundred  thousand  dollars. 
[Approved  by  the  Governor,  March  18,  1845.] 

An  Act  relating  to  the  Fishery  in  Little  River. 

J^E  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam.e,  as  folloios  : 

Sect.  1.  The  fifth  section  of  the  act  passed  on  the  four- 
teenth day  of  February,  in  the  year  one  thousand  eight 
hundred  and  twenty-one,  is  hereby  repealed. 

Sect.  2.  All  persons  now  having  a  right  of  fishing  with 
seines  in  that  section  of  Little  River  which  lies  within  sev- 
enteen rods  from  its  junction  with  Mystic  River,  in  the 
county  of  Middlesex,  may  take  fish  in  the  manner  provided 
by  law,  on  two  Mondays  successively  in  three  of  the  Mon- 
days between  the  first  day  of  March  and  the  last  day  of 
•Tune,  in  each  year,  except  on  the  first  and  second  Mondays 
of  the  time,  during  which  persons  living  in  West  Cambridge 
and  Somerville,  and  having  a  right  to  fish  in  that  part  of 
Little  River  south  of  Alewive  Bridge  and  the  Winter  Hill 
road,  may  exercise  that  right,  and  on  no  other  days. 

Sect.  3.  Every  person  offending  against  this  act,  shall 
forfeit  and  pay,  to  any  persons  who  shall  sue  for  the  same, 
a  sum  not  exceeding  twenty  dollars. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  18,  1845.] 

An  Act  to  incorporate  the  Blassachusetts  Academy  of  Agriculture. 

BjE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  Joseph  Breck,  George  Denny,  Marshal  P.  Wil- 
der, their  associates  and  successors,  are  hereby  made  a  cor- 
poration, by  the  name  of  the  Massachusetts  Academy  of 
Agriculture,  in  Westborough,  in  the  county  of  Worcester, 
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  value  of  fifty  thousand  dollars,  and  personal  estate  to 
the  value  of  twenty-five  thousand  dollars,  to  be  devoted  to 
the  purposes  of  education.  [App)^oved  by  the  Governor, 
March  18,  1845.] 


1845. Chap.  151--152.  479 

An  Act  to  incorporate  the  Mercantile  Library  Association.  Choj)  151. 

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

Sect.  1.     Alexander  L.    Stimson,   Nathaniel   P.   Kemp,  Persons  incor- 
Elliot  C.  Cowdin,  M.   A.   Herrick.  Alonzo  C.   Haskell.  G.  P°fated  in  Bos- 

T-,  .     ,„,  ',      .  .    ,  '  ,  ,       '  ,       ton  to  ditiuse 

r  rancis  inayer,  their  associates  and  successors,  are  hereby  and  promote 
made  a  corporation,  by  the  name  of  the  Mercantile  Library  knowledge 
Association,  of  Boston,  for  the  purpose  of  diiiusing  and  pro-  m'en"&.c° 
moting  knowledge  among  young  men,  now  engaged  in,  or 
destined  for  the  mercantile  profession,  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  per- Estate  not  to 
sonal  estate,  to  be  used  for  the  purposes  aforesaid,  not  ex-  "bThefdh'*^' 
ceeding  in  all,  the  value  of  fifty  thousand  dollars,  (he  legal  trustees,  and 
title  of  which  shall  be  in  five  trustees,  to  be  appointed  by  a  pi?'>agedbya 

f>      1  1  f      ^  ■  1       11       ^     .       joint  board  of 

majority  oi  the  members  oi  the  corporation,  and  ail  ol  the  trustees  and 
said  trustees   shall  be  of   adult  age,  but  subject,  in  care  n?t more  than  13 

o    '  Qi rectors    lo  be 

and  management  and  disposal  thereof,  to  the  control  and  appointed,  &c. 
direction  of  a  majority  of  a  joint  board,  consistinsj  of  the 
said  trustees  and  of  the  board  of  directors  for  the  time  being, 
which   board  of  directors  shall  not  consist  of  more  than 
thirleen  members. 

Sect.  3.     Persons  engaged  in  mercantile  pursuits,  or  pre-  Qualifications  of 
paring  themselves  therefor,  and  above  the  age  of  ifourteen  '"^'"^^''*- 
years,  shall  be  eligible  as  members  of  the  corporation,  and 
entitled  to  vote  and  act  as  officers  thereof,  excepting  that  no 
person  under  twenty-one  years  of  age,  shall   be  a  trustee. 
[Approved  by  the  Governor,  March  18,  1845.] 

An  Act  to  incorporate  the  New  England  Historic  Genealogical  Society.        Chttt)  152. 

BE  it  enacted  by  the  Senate  and  Hoiue  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     Charles  Ewer,  J.  Wingate  Thornton,  Joseph  Persons  incor- 
Willard.  their  associates  and  successors,  are  hereby  made  a  po^ated  to  coi- 

1  I  "    1        TVT  T-i       J         1   TT  •      /-.  lect,  preserve 

corporation,  by  the  name  ol  the  JNew  England  Historic  Gen-  and  publish 
ealogical  Society,  for  the  purpose  of  collecting,  preserving,  geneaio|icai 
and   occasionally  publishing,    genealogical    and    historical  ""      ' 
matter,  relating  to  early  New  England  families,  and  for  the 
establishment  and  maintenance  of  a  cabinet ;  and  for  these 
purposes,  shall  have  all  the  powers  and  privileges,  and,  be 
subject  to  all   the  duties,  requirements  and   liabilities,  set 
forth  in  the  forty-fourth  chapter  of  the  Revised  Statutes. 

Sect.  2.     The  said  corporation  may  hold  and  possess  real  Estate  not  to 
and  personal  estate,  to  an  'amount  not  exceeding  twenty  ^^'^^^'^ S^^'^^- 
tliousand   dollars.     [Approved  by  the  Governor.  March  18. 
18451 


480  1845. Chap.  163—156. 

ChctU  1 53.  -^^  ^^"^  concerning  Eewards  for  the  Prosecution  and  Conviction  of  Forgers. 
^  '  and  other  Offenders. 

BjE  it  enacted  by  the  Setiate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Rewards  maybe      The  rewards  provided  for  in  the  nineteenth  section  of  the 
vrctioVandb""-   ^^^  hundred   and  twenty-seventh  chapter  of  the  Revised 
fore  sentence, at  Statutes,  mav,  at  the  discretion  of  the  Governor,  with  the 
the  Governor' °  advicc  of  the  Council,  be   paid  after  conviction,  and  before 
and  Council.      Sentence  of  the  oflenders  therein  named.     [Approved  by  the 
Governor,  March  18,  1845.] 

Chctp  154.  An  Act  to  revive  the  Charter  of  the  fittsfield  and  North  Adanas  Rail-road 

Corporation. 

BE  it  enacted  by  the  Senate  atid  House  of  Representa- 
tives, i7i  General  Court  assem,bled,  and  by  the  authority  of 
the  same,  as  follows : 
charterjevij^ed,      Sect.  1.     The  act  to  cstabHsh  the  Pittsfield  and  North 
mad  be  located,  Adams  Rail-road  Corporation,  passed  on  the  third  day  of 
&c.,  by  March    March,  in  the  year  one  thousand  eight  hundred  and  forty- 
compieted^by     two,  is  hereby  revived,  and  declared  to  be  in  full  force: 
March  18, 1848.  provided,  if  said  corporation  shall  not  have  been  organized, 
and  the  location  of  their  rail-road,  upon  the  route  described 
in  said  act,  have  been  filed  with  the  county  commissioners 
for  the  county  of  Berkshire,   within  two  years,  and  their 
road  completed  within  three  years  from  the  passage  of  this 
act,  then  this  act  shall  be  void. 
When  to  take         Sect.  2.     This  act  shall  take  effect  from  and  after  its 
*  ^'^''  passage.     [Approved  by  the  Governor,  March  18,  1845.] 

Chap  155.      An  Act  to  increase  the  Number  of  Justices  of  the  Court  of  Common  Pleas. 
BE  it  enacted  by  the  Seriate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 
Court  to  con-         Sect.  1.     Tho  number  of  Justices  of  the  Court  of  Com- 
ju  ges.  ^^^^  Pleas,  shall  be  six,  instead  of  five,  as  now  provided  by 
law. 
When  to  take         Sect.  2.     This  act  shall   take  effect  from   and  after  its 
^  ^'^^'  passage.     [Approved  by  the  Governor,  March  18,  1845.] 

Chap  156.  An  Act  to  incorporate  the  Quincy  Savings  Bank. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Persons  incor-  Thomas  Greenleaf,  John  M.  Gourgas,  Junior,  and  Josiah 
•Quincy.'"  Brigham,  their  associates  and  successors,  are  hereby  incor- 
porated by  the  name  of  the  Quincy  Savings  Bank,  to  be 
established  in  the  town  of  Quincy,  and  shall  be  entitled  to 
all  the  powers  and  privileges,  and  be  subject  to  all  the  du- 
ties and  liabilities,  contained  in  the  thirty-sixth  chapter  of 


1845. Chap.  156—159.  481 

the  Revised  Statutes,  and  in  all  other  laws  of  the  Common- 
wealth, relating  to  institutions  for  savings.  [Approved  by 
the  Governor^  March  18,  1845.] 

An  "Act  relating  to  Common  Schools.  L/llCLp  It)/. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
ives,  ill  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Instead  of  the  single  sheets  for  school  registers,  now  an-  Registers  suffi- 
nually  transmitted  to  the  school  committees  by  the  Secre- ^'^^1'/°^''^^® 
tary  of  State,   he  is  hereby  required   to  transmit  register  transmitted  to 
books,  sufficient  to  last  for  five  or  more  years,  in  such  form  m^ttees°°' *^°"'' 
as  the  Board  of  Education  shall  prescribe;  and  no  school  Teachers  not 
teacher  shall  be  entitled  to  receive  payment  for  his  or  her  entitled  to  pay- 
services,  until  the  register  for  his  or  her  school,  properly  ^r  has'Uen'^" 
filled  up  and  completed,  shall   be  deposited  with  the  school  deposited,  &c. 
committee,  or  with  such  person  as  they  may  designate  to 
receive  it.     [A2:>proved  by  the  Governor,  March  18,  1845.] 

An  Act  authorizing  Judges  of  Probate  to  appoint  Trustees  in  certain  cases.     ChctV  158. 

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

If  in  any  will,  creating  a  trustor  trusts,  the  testator  shall  Appointment  of 
have  omitted   to   appoint  a  trustee  to  carry  the  same  into  trustees 
effect,  the  Judge  of  Probate  may,  after  notice  to  all  persons  poiu"ed°by^' 
interested,  appoint  a  trustee.     And  every  trustee  appointed  testator. 
by  any  Judge  of  Probate,  by  force  of  this  act,  shall  have  Powers  and 
and  exercise  the  same  powers,  rights  and  duties,  as  if  he  trusTe^es. 
had  been  originally  appointed  by  the  testator,  and  the  trust 
estate  shall  vest  in  him  in  like  manner  as  it  would  have 
vested,  if  appointed  by  the  testator.     [Approved  by  the  Gov- 
ernor, March  18,  1845.] 

An  Act  to  unite  the  Boston  and  Maine,  and  the  Boston  and  Maine  Rail-road   ChdV  159. 
Extension  Companies.  ^ 

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

Sect.  1.     The  Boston  and   Maine  Rail-road   Extension  Union  of  cor- 
Company,  and  the  Boston  and  Maine  Rail-road  are  hereby  votes'orst'o^k- 
authorized,  by  a  vote  of  the  stockholders  of  each  of  said  corpo-  holders  in  both, 
rations,  at  meetingscalled  for  the  purpose,  to  imite  themselves 
in  one  corporation,  to  be  called  the  Boston  and  Maine  Rail- 
road;  and  when  such  votes   shall  have  been  passed  by  said 
corporations,  they  shall  thereupon   become  one  corporation, 
with  the  name  aforesaid:  and  all   the  franchises,  property, 
powers  and  privileges,  now  enjoyed  by,  and  ail  the  restric- 
tions,  liabilities,   and  obligations  imposed  upon    said  two 
corporations,   by  virtue  of  their  respective  charters,  shall 
62 


482  1845. Chap.   159—161. 

appertain  to  said  united  corporation,  in  the  same  manner  as 
if  the  same  had  been  contained  in  or  acquired  under  an 
original  charter. 
When  to  take         Sect.  2.     This  act  shall  take  effect  from  and  after  its 
effect.  passage.     [Approved  by  the  Governor,  March,  19,  1845.] 

Ph        1  fiO    ■'^"  ^^'^  establishing  the  Salary  of  the  Register  of  Probate  for  Dukes  County. 
^         '       BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 
Annual  salary         From  and   after  the  first  day  of  April,  in  the  year  one 
tobegi50,        thousand  eight  hundred  and  forty-five,  the  Register  of  Pro- 
1845'^^"'^'      bate  for  Dukes  county  shall  receive  a  salary  of  one  hun- 
dred and   fifty  dollars  a  year,  payable  quarterly  from  the 
treasury  of  the  Commonwealth.     [Approved  by  the  Gover- 
nor, March  20,  1845.] 

Oh  an  1  fi  1  •'^'^  ^^"^  ^°  incorporate  the  Herring  River  Company, 

*       BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloios  : 
Persons  incor-        Sect.  1.     Authony  Kcllcy,  Job  Chase,  and  Richard  Ba- 
porated  to         j^g^^  j^^  their  associatcs  and  successors,  are  hereby  made 
nrr'^rbg  River    a  corporation,  by  the  name  of  "  the  Herring  River  Com- 
in  Harwich.       pany,"   for  the  purpose  of  deepening  and   protecting  the 
mouth  and  channel  of  Herring  River,  so  called,  in  the  town 
of  Harwich  and  county  of  Barnstable,  with  all  the  powers 
and  privileges,  and  subject  to  all  the  duties,  liabilities  and 
restrictions,  set  forth  in  the  forty-fourth  chapter  of  the  Re- 
vised Statutes. 
Authorized  to         Sect.  2.     Said  Company,  for  the  purposes  aforesaid,  are 
makeexcava-     hereby  authorized  to  make  excavations,  embankments  and 
tions,  &c.  fences,  and  to  drive  piles  along  the  banks  of  said  river  and 

into  the  sea,  in  such  direction  and  to  such  extent,  as  they 
Provided, &ic.  shall  dccm  expedient;  provided,  that  in  no  case  shall  the 
legal  rights  of  any  persons  or  corporations  whatever,  be 
affected  by  this  act. 
Penalty  of  g50  Sect.  3.  Any  pcrsou  who  shall  wilfully  and  maliciously 
&c.  for  injuring  injure  or  destroy  any  embankments,  fences,  piles,  or  other 
^°''^^-  works,   erected  by  said  company,  in  accordance  with  the 

provisions  of  this  act,  shall    be  liable  to  a  penalty  of  fifty 
dollars  for  each  offence,  to  the  use  of  the  Commonwealth, 
to  be  recovered  by  indictment  therefor. 
When  to  take         Sect.  4.     This  act  shall   lake  eftect  from  and  after  its 
effect.  passage.     [Approved  by  the  Governor,  March  20,  1845.] 


1845. -Chap.  162—163.  483 

An  Act  in  relation  to  the  Compensation  of  Sheriffs.  ChcLt)  162. 

BE  it  enacted  by  the  Seriate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     The  third  section  of  the  seventy-fifth  chapter  Repeal  of  act 
of  the  acts  of  eighteen  hundred  and  forty-three,  entitled  °^^^*|' ''^^P- 
"  an  act  regulating  the  compensation  of  sheriffs,"  is  hereby 
repealed. 

Sect.  2.     The   several    sheriffs   of    the    Commonwealth  Compensation 
shall    receive    the  same   compensation   from   the   State  or  [oVe^sucTaf"" 
county  treasuries,  as  is  prescribed  by  the   provisions  of  the  are  allowed  by 
Revised  Statutes,  for  services  rendered  by  them  in  the  dis-  ^^^'  ^^^'" 
tribution  of  proclamations,  precepts,  or  other  documents,  or 
in  returning  votes  to  the  office  of  the  Secretary  of  the  Com- 
monwealth.    And   if  any  sheriff  shall   wilfully  neglect  or  Penalty  for 
refuse  to  return  any  votes  committed   to  him  by  the  select-  lofxceed^*^' °°^ 
men  of  any  town,  he  shall  forfeit  a  sum  not  exceeding  two  ^2000. 
thousand  dollars. 

Sect.  3.     This  act  shall  take  effect  from  and   after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  2Q,  1845.  j         ®''^*''- 

An  Act  to  incorporate  the  Essex  Company.  ChupiOO. 

BE  it  enacted  by  the  Senate  and  Honse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  foUo7vs  : 

Sect.  1.     Samuel  Lawrence,  John  JNesmith,  Daniel  Saun-  Persons  incor- 
ders,  and  Edmund  Bartlett.  their  associates  and  successors,  st°uct\dam°" 
are  hereby  made  a  corporation,  by  the  name  of  the  Essex  across  ivierri- 
Company,   for  the  purpose   of  constructing  a  dam  across  ""^'^   "^^'^'    '^' 
Merrimack  river,  and  constructing  one  or  more  locks  and 
canals  in  connection  with  said  dam,  to  remove  obstructions 
in  said  river  by  falls  and  rapids,  from  Hunt's  Falls  to  the 
mouth  of  Shawsheen  river,  and  to  create  a  water  power  to 
use,  or  sell,  or  lease  to  other  persons  or  corporations,  to  use 
for  manufacturing  and  mechanical  purposes  ;  and,  for  these 
purposes,  shall  have  all  the  powers  and  privileges,  and  be 
subject  to  all  the  duties,  and   liabilities,  and  restrictions,  set 
forth  in  the  thirty-eighth   and  forty^fourth  chapters  of  the 
Revised  Statutes. 

Sect.  2.     Said  corporation  may  hold   real  estate  not  ex-  Real  estate,  ex- 
ceeding, exclusive   of  the   expenditure  for   the   dam    and  [o^exceed^*''  "*" 
canals,  three  hundred  thousand  dollars,  and  the  whole  cap-  5300,000, and 
ital  stock  of  said  corporation  shall  not  exceed  one  million  ^^,fin/ir,nn  ■ 

III  1         -1  11111         T-T1-  51,000,000,  in 

dollars,  and  said  stock  shall   be  divided  into  shares  not  ex-  shares  of  5100. 
cecding  one  hundred  dollars  each. 

Sect.  3.     The  said  corporation   is  hereby  authorized  and  Location  of 
empowered  to  construct  and  maintain  a  dam   across  said  an^^'iodcT'* 
liver,  either  at  Deer  .Tump  Falls,  or   Bodwell's  Falls,  or 
some  point  in  said  river  between  said  falls,  and  all   such 
canals  and  locks  as  may   be   necessary   for  the   purposes 


484 


1845. 


-Chap.     163. 


May  take  landsj 
&c. 


Provided,  &c. 


Construction 
&c.  of  bridges, 


aforesaid ;  and  for  the  purpose  of  making  said  dani;  and 
constructing  the  main  canal  for  navigation,  or  transports, 
may  take,  occupy,  and  inclose  any  of  the  lands  adjoining 
said  canals  and  locks,  or  dam,  which  may  be  necessary  for 
building  or  repairing  the  same,  for  tOAving  paths,  and  other 
necessary  purposes,  not  exceeding  twenty  feet  on  each  side 
of  said  canal,  or  locks,  and  may  blow  up  and  remove  any 
rocks  in  said  river,  and  dig  in  any  of  the  lands  near  to  said 
river,  through  which  it  may  be  necessary  to  pass  said  main 
canal  :  provided,  that  said  corporation  shall  not  obstruct  the 
passage  of  rafts,  masts,  or  floats  of  timber  down  said  river 
earlier  than  the  first  day  of  .Tune,  in  building  said  dam,  nor 
keep  the  same  obstructed  for  a  longer  time  than  five  months 
before  the  opening  of  said  canal  for  the  passage  thereof. 

Sect.  4.  If  there  shall  be  occasion,  in  the  prosecution  of 
the  powers  and  purposes  aforesaid,  to  make  a  canal  across 
any  public  highway,  or  if  highways  shall  hereafter  be  laid 
out  across  such  canal,  it  shall  be  the  duty  of  said  corpora- 
tion to  make  sufficient  bridges  across  said  canal,  and  to 
keep  them  in  good  repair, 
andoffishways.  Sect.  5.  The  said  Corporation  shall  make  and  maintain, 
in  tlie  dam  so  built  by  them  across  said  river,  suitable  and 
reasonable  fishways,  to  be  kept  open  at  such  seasons  as  are 
necessary  and  usual  for  the  passage  of  fish. 

Sect.  6.  The  said  corporation  shall  erect,  and  forever 
maintain  such  canal  and  locks  as  shall  be  necessary  around 
any  dam  constructed  by  them ;  the  locks  to  be  not  less  than 
twenty  feet  in  width,  and  ninety  feet  in  length;  and  said 
canal  shall  be  so  constructed,  that  there  shall  be  easy,  afe, 
and  convenient  access  to,  and  egress  from,  the  same  ;  with 
fastenings  and  moorings  for  the  reconstruction  of  rafts  or 
floats,  after  the  egress  ;  and  shall  be  free  and  not  subject  to 
any  charges  whatever  for  the  passage  of  rafts  of  wood  and 
lumber,  masts,  and  floats  of  timber,  and  be  tended  by  a 
keeper  employed  by  said  corporation,  and  opened  at  all  rea- 
sonable times,  promptly,  for  such  passage. 

Sect.  7.  The  fishways  in  said  dam,  and  the  entrance 
and  exit  of  said  canal,  and  the  moorings  and  fastenings  at 
the  exit,  shall  be  made  to  the  satisfaction  of  the  county 
commissioners  of  the  county  of  Essex,  who  shall,  on  appli- 
cation to  them  by  said  corporation,  after  due  notice,  in  such 
manner  as  they  shall  deem  reasonable,  to  all  persons  inter- 
ested therein,  and  a  hearing  of  the  parties,  prescribe  the 
mode  of  constructing  the  same  ;  and  any  person  who  shall 
be  dissatisfied  with  the  construction  thereof,  when  the  same 
are  completed,  may  make  complaint  to  said  county  commis- 
sioners, setting  forth  that  the  same,  or  either  of  them,  are 
not  constructed  according  to  the  prescription  of  said  com- 
missioners ;    and  said  commissioners,  after  due  notice  as 


Dimensions, 
tending,  &c.  of 
canals  and 
locks. 


Fishways,  &.c. 
to  be  made  to 
the  satisfaction 
of  the  county 
commissioners 
of  Essex,  after 
due  notice,  &c. 


1845. Chap.  163.  485 

aforesaid,  shall  proceed  to  examine  the  same,  and  shall  ac- 
cept the  same,  if  they  shall  be  of  opmion  that  they  are 
built  and  made  according  to  such  prescriptions ;  or,  if  they 
shall  be  of  opinion  that  the  same  are  not  made  according  to 
the  prescription,  may  require  the  same  to  be  further  made 
and  completed,  till  they  shall  be  satisfied  to  accept  the 
same;  and  the  expenses  of  said  commissioners,  in  such  ex- 
amination, shall  be  paid  by  the  said  corporation. 

Sect.  8.  Any  person  who  shall  be  damaged  in  his  Remedy  of  par- 
property  by  said  corporation,  in  cutting  or  making  canals  ^"^^'"J"''^  • 
through  his  lands,  or  by  flowing  the  same,  or  in  any  other 
way  in  carrying  into  effect  the  powers  hereby  granted,  un- 
less said  corporation  shall,  within  thirty  days  after  request 
in  writing,  pay  or  tender  to  said  person  a  reasonable  satis- 
faction therefor,  shall  have  the  same  remedies  as  are  provi- 
ded by  law,  for  persons  damaged  by  rail-road  corporations, 
in  the  thirty-ninth  chapter  of  the  Revised  Statutes. 

Sect.  9.  For  the  purpose  of  reimbursing  said  corpora- Toils  to  be  lev- 
tion  in  part  for  the  cost  and  expense  of  keeping  said  locks  boa°s"&c°  *' 
and  canals  in  repair,  and  in  tending  the  same,  and  in  clear- 
ing the  passages  necessary  for  the  transit  of  boats  and  mer- 
chandise, and  other  articles  through  said  canal,  the  follow- 
ing toll  is  hereby  established  and  granted  to  said  corpora- 
tion on  all  goods,  boats  and  merchandise,  excepts  rafts  of 
wood  and  lumber,  masts  and  floats  of  timber  passing  down 
said  canal,  and  on  all  goods  carried  up  through  said  canal, 
namely :  on  salt,  lime,  plaster,  bar  iron,  pig  iron,  iron  cast- 
ings, anthracite  coal,  stone  and  hay,  eight  cents  per  ton  of 
twenty-two  hundred  and  forty  pounds :  on  bituminous 
coal,  twelve  cents  per  clialdron  of  thirty-six  bushels  ;  on 
bricks,  sixteen  cents  per  thousand  ;  on  manure,  fifty  cents 
per  load ;  on  oak  timber,  thirty-five  cents  per  ton  of  forty 
cubic  feet;  on  pine  plank  and  boards,  thirty  cents  per  thou- 
sand, board  measure;  on  ash  and  other  hard  stuff,  forty 
cents  per  thousand,  board  measure;  on  posts  and  rails,  fif- 
teen cents  per  hundred  ;  on  tree  nails,  thirty  cents  per  thou- 
sand ;  on  hop  poles,  twenty  cents  per  thousand  ;  on  hard 
wood,  twenty  cents  per  cord  ;  on  pine  Avood,  sixteen  cents 
per  cord ;  on  bark,  twenty  cents  per  cord;  on  white  oak 
pipe  staves,  one  dollar  per  thousand;  on  red  oak  pipe  staves, 
sixty-seven  cents  per  thousand;  on  white  oak  hogshead 
staves,  sixty  cents  per  thousand  ;  on  red  oak  hogsliead 
staves,  forty  cents  per  thousand ;  on  white  oak  barrel 
staves,  twenty  cents  per  thousand  ;  on  hogshead  hoops,  six- 
teen cents  per  thousand;  on  barrel  hoops,  twelve  cents  per 
thousand ;  on  hogshead  hoop  poles,  thirty  cents  per  thou- 
sand ;  on  barrel  hoop  poles,  twenty  cents  per  thousand  ;  on 
all  articles  of  merchandise  not  enumerated,  ten  cents  per 
ton  of  twenty-two  hundred   and  forty  Tpouuds :  provided,  Provided,  &,c. 


48G  1845. Chap.  163—164. 

that  the  rates  of  toll  aforesaid  shall  be  subject  to  the  direc- 
tion of  the  Legislature. 
?T  "°flow^''        Sect.  10.     The  said  dam  shall  not  be  built  to  flow  the 
water  higher  ^^  Water  in  Said  river  higher  than  the  foot  of  Hunt's  Falls,  in 
than  the  foot  of  the  Ordinary  run  and  amount  of  water  in  the  river,  and  a 

Hunt's  Falls,  ■      •  r   ^j  .       j.  *i  ij 

&e.,  which  commission  of  three  competent  persons,  to  be  appointed, 
point,  &c.  is  to  One  by  the  Said  corporation,  and  one  by  the  proprietors  of 
commfssioners  ^^^^  locks  and  cauals  on  Merrimack  River;  and  a  third  by 
&<••  the  two  thus  appointed,  shall,  upon  the  application  of  either 

party,  fix  and  determine,  by  permanent  monuments,  the 
point  in  said  river,  which  is  the  foot  of  Hunt's  Falls;  and 
shall  also,  upon  the  like  application,  fix  and  determine  the 
height  of  the  dam  of  this  corporation,  and  of  the  flash 
boards  to  be  used  thereon,  whose  award  and  determination 
shall  be  final  and  binding  upon  all  parties  forever.  And  if 
either  party  shall  refuse,  after  request  in  writing  by  the 
other,  for  the  space  of  thirty  days,  to  name  such  commis- 
sioner, or  in  case  of  a  vacancy  in  such  commission,  for  any 
cause,  either  party  may  apply  to  the  Governor  of  this  Com- 
monwealth, who  is  hereby  empowered  to  fill  such  vacancy. 
And  the  said  point  of  the  foot  of  Hunt's  Falls,  shall  be 
fixed  within  sixty  days  after  such  application  to  the  com- 
missioners, and  the  height  of  the  permanent  dam  shall  be 
fixed  and  determined  within  one  year  after  such  applica- 
tion, 
effect"'"'^''''  Skct.  11.  This  act  shall  take  eff'ect  from  and  after  its 
passage.     [Appj-oved  by  the  Governor^  March  20,  1845.] 

OArtiO  164         -^"^  ^^"^  '^°  annex  a  part  of  the  town  of  Dartmoiath  to  the  town  of  New^ 
^  '  Bedford. 

BE  it  enacted  by  the  Senate  and.  Hovse  of  Representa- 
tives, in  General  Court  assembled^   and  by  the  authority  of 
the  same,  as  follows,  viz  : 
Lands  to  be  set      Sect.  1.     So  much  of  the   town  of   Dartmouth,  in  the 

on  and  annexed.  ,  r   n   •        ^  ^•  .      \         c         ^■  i--  ^ 

county  of  Bristol,  as  lies  easterly  oi  a  line   beginning  at  a 
point  near  the  northwest  corner  of  Clark's  Cove,  and  run- 
ning five  rods  east  of  Charles  A.  Walter's  dwelling-house, 
in   a  direct  line  to  the  west  line  of  the  lane  next  west  of 
Melatiah   Hathaway's  dwelling-house,   and  thence  to  the 
stone  monument  near  Allen's  Mills,  being  one  of  the  monu- 
ments between  the  towns  of  New  Bedford  and  Dartmouth, 
with  all  the  inhabitants   and  estates   thereon,  is  hereby  set 
ofl"  from  the  town  of  Dartmouth,  and  annexed  to  the  town 
of  New  Bedford. 
Inhabitants  aiii      Sect.  2.     Said  inhabitants  and  estates  so  set  oflT,  shall  be 
taxes^airea'dy     liable  to  pay  all  taxes  that  have  been   legally  assessed  on 
assessed  by       them  by  the  town  of  Dartmouth,  in  the  same  manner  as 

Dartmouth.  -^   ^^^^^  ^^^  ^^^  ^^^j  ^^^^^    paSScd. 

New  Bedford  !o      Sect.  3.     Said  towu  of  New  Bedford  shall  pay  over  to 
mwith  proper-    tho  Said   town  of  Dartmouth,  all   such  sums  of  money  as 


1845. Chap.  164—166.  '  487 

shall  be  levied  and  collected  from  the  inhabitants  and  es-  1*°"' ^^°l„„ 

z'  t        •  •  r  o*  ola.lG  cinQ  COUIJ'" 

tates  set  oil  as  aforesaid,  for  their  proportion  or  any  fetate  ty  taxes  till  an- 
or  county  tax,  until  a  new  valuation  of  estates  shall  be  other  valuation. 
made  according  to  the  provision  of  the  Constitution. 

Sect.  4.     If  any  persons  who  have  heretofore  gained  a  New  Bedford  to 
legal  settlement  in  the  town  of  Dartmouth,  by  reason  of  havn?g*a^set^ie^* 
residence  on  the  territory  set  off  as  aforesaid,  or  by  having  mentou  lands 
been  proprietors  thereof,  or  who  may  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  town  of  New  Bedford,  in  the 
same  manner  as  if  they  had  gained  a  legal  settlement  in 
that  town. 

Sect.  5.     This  act  shall  take  effect  from  and  after   its  When  to  take 
passage.     [Approved  by  the  Governor^  March  20,  1S45.] 

An  Act  concerning  the  Taunton  and  South  Boston  Turnpike  Corporation.      C/lOp  165.  - 
BE  it  etiacted  by  the  Se?iate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     All  proceedings  had.  and  all  acts  done  by  said  Confirmation  of 
corporation,  for  the  purpose  of  locating  and  establishing  the  fn'iocati'n'^^turn- 
turnpike  gates,  now  existing  upon  said  road,  for  the  purpose  pike  gates,  &c. 
of  taking  toll,  that  is  to  say,  the  turnpike  gate  situated  in 
Canton,  in   the  county  of  Norfolk,  and  the  turnpike  gate, 
situated  near   Bernard  Alger,  in  Easton,  and  the  turnpike 
gate,  situated  in  Raynham,  in  the  county  of  Bristol,  between 
the  Taunton  line  and  the  house  of  Samuel  S.   Pratt,  in 
Raynham,  be,  and  they  are  hereby  confirmed   and   made 
valid. 

Sect.  2.     Said  corporation  shall  have  the  right  to  claim  Corporation 

■t  ■  r    M     .    ti  T  1  1I-I11        may  claim  tolls, 

and  receive  full  toll,  according  to  the  rates  established  by  &c., at  certain 
law,  at  said  toll  gate,  situated  in  Canton,  in  the  county  of  ga'es. 
Norfolk,  and  half  toll  at  said  gate,  situated  in  Easton.  and 
half  toll  at  said  gate,  situated  in  Raynham,  as  they  have 
heretofore  done,  subject  to  the  limitations  and  restrictions 
contained  in   the   twenty-fifth   section  of   the  thirty-ninth 
chapter  of  the  Revised  Statutes:  provided,  that  this  rcI  Provided, &i-c 
shall  not  be  construed  to  relieve  said  corporation  from  lia- 
bility to  make  and  maintain  the  travelled  part  of  their  turn- 
pike, of  the  width  named  in  the  fifth  section  of  the  thirty- 
ninth  chapter  of  the  Revised  Statutes. 

Sect.  3.     This  act  shall  take  effect    from  and    after  its  \vhen  to  take 
passage.     [Approved  by  the  Governor,  March  20,  1845.]  ''"*^°'" 

An  Act  concerning  Bail  in  Criminal  Cases.  CnCtp  1 OO. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  autliority  of 
the  same,  as  follows  : 

Sect.    1.     Whenever  any  person   under  indictment   for  Ajusticeofa 


488 


1845.- 


•Chap.  166—167. 


court,  or  com- 
missioner, (fee. 
may  fix  and  re- 
ceive bail  for  a 
person  arrested 
after  adjourn- 
ment of  tiie 
court. 


Recognizances, 
&c.,  to  run  for 
successive 
terms  of  a 
court,  till  final 
decree,  ifec. 


any  offence  bailable  by  law,  shall  be  arrested  after  the  ad- 
journment of  the  court  in  which  the  same  is  triable,  any 
justice  of  the  same  court,  or  any  standing  or  special  com- 
missioner, appointed  for  such  purpose  by  the  same  court, 
shall  be  authorized  to  fix  the  amount  of  the  bail,  and  re- 
ceive bail  in  the  same  manner  as  the  court  in  which  the 
indictment  is  pending  might  do. 

Sect.  2.  Whenever  any  court  or  magistrate  shall,  in 
pursuance  of  law,  take  any  recognizance  of  any  person, 
either  with  or  without  surety,  binding  such  person  to  ap- 
pear at  any  term  of  any  court,  to  answer  to  any  charge 
against  him,  or  to  prosecute  any  appeal  or  bill  of  exceptions, 
it  shall  be  the  duty  of  such  court  or  magistrate  so  to  frame 
the  condition  of  such  recognizance,  as  to  bind  such  person, 
not  only  personally  to  appear  at  the  term  of  the  court  so 
expressed,  and  abide  the  order  and  sentence  of  the  court, 
but  also,  that  he  will  in  like  manner  personally  appear  at 
any  subsequent  term  of  said  court,  to  which  the  same  may 
be  continued,  if  not  previously  surrendered  and  discharged, 
and  so  from  term  to  term,  until  the  final  decree,  sentence  or 
order  of  the  court  thereon,  and  shall  abide  such  final  sen- 
tence, order  or  decree  of  the  court,  and  not  depart  without 
leave. 

Sect.  3.  When  any  person  under  recognizance  in  any 
criminal  prosecution,  either  to  appear  and  answer,  or  to 
prosecute  an  appeal  or  bill  of  exceptions,  shall  fail  to  appear 
for  either  of  the  purposes  aforesaid,  either  at  the  term  at 
which  the  said  recognizance  is  returnable,  or  at  any  ad- 
journment thereof,  or  at  any  succeeding  term  of  said  court, 
to  which  such  case  may  be  lawfully  continued,  his  default 
may  be  recorded,  and  the  obligation  of  such  person,  and  his 
sureties,  shall  be  deemed  forfeited  by  such  failure,  and  the 
like  proceedings  may  be  had  thereon,  as  in  other  cases  for 
the  recovery  of  the  penalty  of  recognizances  taken  in  crim- 
inal cases.     [Approved  by  the  Governor^  March  20,  1845.] 

Chctp  167.  -A.n  Act  to  incorporate  the  Elliot  Religious  Society. 

BE  it  enacted  by  the  iSejiate  a??</  Hovse  of  Reprcseyita- 
tives.  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Persons  incor-        Sect.  1.     Joscph   Bacon,  William  Jackson,  Otis  Trow- 

poratedmNew-  j^j.jjgg^  ^^^^  .^\\  Other  persons,  who  are,  or  may  become  pro- 
prietors of  pews  in  the  new  meeting-house  at  Newton  Cor- 
ner, so  called,  in  Newton,  and  their  successors,  are  hereby 
made  a  corporation,  by  the  name  of  the  Elliot  Keligious 
Society,  with  ail  the  powers  and  privileges,  and  subject  to 
all  the  duties  and  liabilities,  set  forth  in  the  forty-fourth 
chapter  of  the  Revised  Statutes,  so  far  as  the  same  shall 
be  applicable  to  such  case. 

Estate  in  addi-        Sect.  2.     Said  Corporation  shall   have  the  power  to  hold 


In  failure  of  ap- 
pearances 
agreeable  to 
recognizance, 
default  may  be 
recorded,  &c. 


1845. Chap.  167—169.  489 

and  manage,  in  addition  to  their  meeting-house  and  land  Je^'u^cJentTo 
under  and  adjoining  the  same,  any  estate,  the  annual  in-  yield  an  income 
come  of  which  shall  not  exceed  one  thousand  dollars,  and  g^\'g^^'to'°aro- 
which  shall  be  applied  exclusively  to  parochial  purposes.      dual  purposes. 

Sect.  3.     Said  corporation  shall  have  power  to  assess  corporation 
upon  the  pews  in  their  meeting-house,  according  to  a  val-  may  assess 
uation  thereof,  to  be  first  made  and  recorded  by  the  clerk  p^'^g  on Tvalu- 
of  said  corporation,  such  siims  of  money,  as  may  be  from  aiion,  &c.  to 
time  to  time,  voted  to  be  raised  for  the  support  of  public  &c^°  ^'^  ^  ' 
worship,  and  for  other  parochial  purposes.     And  all  such 
assessments  may  be  collected  in  the  manner  provided  in  the 
thirty-second,  thirty-third,  and  thirty-fourth  sections  of  the 
twentieth  chapter  of  the  Revised  Statutes. 

Sect.  4.     At  all  meetings  of  the  corporation,  the  proprie-  Qualification  of 
tors  of  the  meeting-house,  and  no  other  persons,  shall  be  voters. 
entitled  to  vote. 

Sect.  5.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  20.  1845.]         ^  ^'^'' 

An  Act  to  incorporate  the  Marblehead  Female  Humane  Society.  CflttJ)  168. 

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

Sect.   1.     Hannah  Reed,  Rebecca  Bartlett,  and  Lydia  B.  Persons  incor- 
Hooper,  their  associates  and  successors,  are  hereby  made  a  charUabie°pur- 
corporation,  by  the  name  of  the  Marblehead  Female  Hu-  poses. 
mane  Society,  for  charitable  and  benevolent  purposes,  with 
all  the  powers  and  privileges,  and  subject  to  all  the  duties, 
liabilities  and  restrictions,  set  forth  in  the  forty-fourth  chap- 
ter of  the  Revised  Statutes. 

Sect.  2.      The  said  corporation  may  take  and  hold  real  Estate  not  to 
and  personal  estate,  for  the  purposes  aforesaid,  to  an  amount  exceed  gio,ooo. 
not  exceeding  ten  thousand  dollars.     [Approved  by  the  Gov- 
ernor, March  20,  1845.] 

An  Act  to  incorporate  the  Brook  Farm  Phalanx.  (Jh(ip  16". 

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

Sect.   1.     George  Ripley,  Charles  A.  Dana,  and   Lewis  Persons  incor- 
H.   Ryckman,  their  associates  and  successors,  are  hereby  pofa'^^ to  pro- 

j  •  11  r>iT-»i-r-i  x->i  mote  educa- 

made  a  corporation,  by  the  name  of  the  Brook  Farm  Pha-  tion,  &c. 
lanx,  for  the  purpose  of  promoting  education,  agricultural 
knowledge  and  habits  of  manual  and  mechanical  industry, 
and  for  these  purposes  shall  have  all  the  powers  and  privi- 
leges, and  be  subject  to  all  the  duties  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  Estate  not  to 
aforesaid,  real  estate  to  an  amount  not  exceeding  one  hun-  cYwooo 
63  *     '    • 


490 


1845.- 


■Chap.  169—170. 


Estate  subject 
to  taxation. 


dred  thousand  dollars  :  provided,  however,  that  this  corpora- 
tion shall  not  avail  itself  of  the  exemption  from  taxation, 
provided  in  the  fifth  section  of  the  seventh  chapter  of  the 
Revised  Statutes.     [Appi^oved  by  the  Governor.  March  20, 

1845.] 


Chop  170.  -An  Act  authorizing  the  Northampton  and  Springfield  Kail -road  Corporation 

to  change  their  Location. 

B£J  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  The  Northampton  and  Springfield  Rail-road 
Corporation  may  construct,  and  open  for  use,  a  branch  rail- 
road, from  the  main  track  of  their  road,  in  the  village  of 
Cabotville,  to  and  near  the  mills  in  said  village,  passing  up 
the  south  bank  of  Chicopee  river,  near  the  same,  and  thence 
extending  up  said  river,  into  the  Chicopee  Falls  village; 
provided,  however,  that  the  locatio-n  of  that  part  of  their 
branch  extending  to  the  mills  in  said  Cabotville,  shall  be 
filed  with  the  county  commissioners  of  the  county  of  Hamp- 
den, within  one  year  from  the  passage  of  this  act ;  and  for 
that  part  of  their  branch  extending  from  said  Cabotville 
mills,  into  said  Chicopee  Falls  village,  the  location  shall  be 
filed  with  the  said  county  commissioners,  in  five  years  from 
the  passage  of  this  act. 

Sect.  2.  Said  corporation  may  construct,  and  open  for 
use,  their  road,  commencing  at  a  point  in  Northampton, 
defined  in  the  act  to  which  this  act  is  in  addition,  passing 
down  on  the  west  side  of  the  Connecticut  river,  and  near 
the  same,  through  a  part  of  Hadley,  Easthampton,  North- 
ampton South  Farms,  so  called,  and  West  Springfield,  and 
crossing  said  river  at  or  near  the  village  of  Willimansett,  in 
the  town  of  Springfield,  to  a  line  designated  in  the  act  to 
which  this  act  is  in  addition. 

Sect.  3.  The  said  corporation,  in  the  construction  of 
their  rail-road  and  branch,  as  designated  in  the  foregoing 
sections,  may  exercise  all  the  powers  and  privileges,  and 
shall  be  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  thirty-ninth  chapter  of  the  Revised 
States,  which  relates  to  rail-road  corporations,  and  in  the 
several  statutes  subsequently  passed  relating  to  such  cor- 
porations. 

Sect.  4  The  said  Northampton  and  Springfield  Rail- 
road Corporation  may  construct  and  maintain  a  bridge  at 
Willimansett  Falls,  across  Connecticut  river,  and  across  the 
canal  and  works  of  "  The  Proprietors  of  Locks  and  Canal 
on  Connecticut  river,  at  South  Hadley."  and  the  Court  of 
Common  Pleas  may,  upon  the  request  of  said  proprietors, 
appoint  commissioners,  who,  after  hearing  the  parties,  shall 


Location  of 
road. 


Location  of 
parts  of  the 
road  to  be  filed 
in  1  year,  and  in 
5  years,  from 
March  21,  1843. 


Road  may  be 
located  agree- 
ably to  the  act 
of  1842,  chap. 
41. 


Powers  and 
liabilities  of  the 
corporation. 


May  construct 
a  bridge,  «fec. 


1845. Chap.  170—171.  491 

award  a  gross  sum   to  be  paid  to  said  proprietors,  which  Damages  may 
shall  be  in  full  satisfaction  for  all  claim  which  they  may ''^  *^*w®f  ^^ 

.  Ill   commissioners, 

make  lor  the  damage  done  to  their  property  and  works,  and  appointed  by 
for  the  legal  liability,  if  any,  of  the  proprietors,  to  persons  commra^eas 
navigating  said  river,  or  canal,  for  injuries  occasioned  to 
them  by  the  construction  and  maintenance  of  said  bridge. 

Sect.  5.     The  time  for  filing  the  location  of  said  North-  Extension  of 
ampton  and  Springfield  Rail-road,  with  the  county  com-  l^^tion  ^to°^ 
missioners  of  the  counties  of  Hampden  and  Hampshire;  Juiyi,  i845. 
from  Northampton  to  its  junction  with  the  Western  Rail- 
road, and  with  the   Hartford  and  Springfield  Rail-road,  in 
Springfield,  is  hereby  extended  to  the  first  day  of  July  next ; 
and  the  location  thus  filed,  as  herein  provided,  shall  be  as 
valid  and  effectual,  as  if  filed  within  the  time  or  times  pre- 
scribed in  the  act  to  which  this  act  is  in  addition. 

Sect.  6.     Said  corporation  may  divert  the  course  of  Mill  Mill  river  may 

^T       T  ■  1  /■  -L      be  diverted,  &c. 

river,  in  Northampton,  near  its  mouth,  so  tar  as  may  be 
necessary  to  conduct  it  into  the  main  channel  of  the  Con- 
necticut river,  at  a  point  east  of  said  rail-road. 

Sect.   7.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  Mai^ch  21,  ISA5.]        ®^^°'- 

Aa  Act  to  obtain  Statistical  Information  in  relation  to  certain  Branches        nhnn  171 
of  Industry.  OAiOp  1  /  1 . 

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

Sect.  1.     The  assessors  of  each  city  and  town   in  the  Assessors,  be- 
Commonwealth  shall,  between  the  first  day  of  May  and  the  tween  May  i 

1  ^  y-^        T  1  1C-1  r  3nd  (Jctober  1, 

first  day  of  October  next,  make  return  to  the  Secretary  oi  i845,  tomake 
the  Commonwealth  of  the  facts  as  they  exist  in  each  city  f^J"^'"°y^g'''^'° 
or  town,  on  the  first  day  of  April  next,  in  relation  to  the  secretary. 
following  matters,  to  wit : 

The  number  of  cotton  mills  in  the  town.     The  whole  concerning  cot- 
number  of  cotton   spindles.     The  quantity  of  cotton  con-  ton  mills  and 

,      ,  ,  ^  1  ■  I  r-  -I  C      i  -1  goods,  &C. 

sumed  during  the  year  ending  the  first  day  ot  April,  one  " 
thousand  eight  hundred  and  forty-five.  The  number  of 
yards  of  cotton  cloth  manufactured  during  said  year,  with 
a  description  of  the  same.  Gross  value  of  cotton  cloth  man- 
ufactured. The  number  of  pounds  and  the  description  of 
cotton  yarn  manufactured,  and  not  made  into  cloth.  Gross 
value  of  cotton  yarn  manufactured.  The  quantity  of  cot- 
ton thread  manufactured.  Value  of  cotton  thread.  Quan- 
tity of  cotton  batting  manufactured.  Value  of  cotton  bat- 
ting. Quantity  of  pelisse  wadding  manufactured.  Value 
of  pelisse  wadding.  Number  of  yards  of  cotton  flannel 
manufactured.  Value  of  the  cotton  flannel.  The  amount 
of  capital  invested  in  the  manufacture  of  cotton.  The 
number  of  males  employed  in  said  businees.  Number  of 
females  employed  in  same.     The  number  of  calico  manu- 


492  1845. Chap.  171. 

factories.  Number  of  yards  of  calico  printed  during  the 
year  as  aforesaid.  Gross  value  of  calico  printed.  Number 
of  yards  of  goods  bleached  and  colored  in  said  calico  facto- 
ries and  not  printed.  Yalue  of  the  goods  bleached  and 
colored.  The  amount  of  capital  invested  in  calico  estab- 
lishments. Number  of  males  employed  in  said  business. 
Number  of  females  employed  in  same.  The  number  of  es- 
tablishments for  bleaching  or  coloring  cotton  goods,  and  not 
connected  with  calico  establishments.  Number  of  yards  of 
goods  bleached  or  colored,  in  said  establishments,  during 
said  year.  Value  of  goods  bleached  or  colored.  Amount 
of  capital  invested  in  said  bleaching  and  coloring  establish- 
ments. Number  of  hands  employed  in  same. 
Woollen  miih  The  number  of  woollen  mills.  Number  of  sets  of 
an  goo  s,  c.  .^qq^j^j-j  machinery.  Number  of  pounds  of  wool  consu- 
med during  said  year.  Number  of  yards  of  broadcloth 
manufactured.  Value  of  the  broadcloth  manufactured. 
Number  of  yards  of  cassimere  manufactured.  Value  of 
cassimere.  Number  of  yards  of  satinet.  Value  of  satinet. 
Number  of  yards  of  Kentucky  jeans.  Value  of  Kentucky 
jeans.  Number  of  yards  of  flannel,  or  blanketing.  Value 
of  flannel  or  blanketing.  Number  of  pounds  of  woollen 
yarn  manufactured  and  not  made  into  cloth.  Value  of 
woollen  yarn.  The  amount  of  capital  invested  in  said 
business.  Number  of  males  employed  in  the  manufacture 
of  wool.  Number  of  females  employed  in  same. 
Carpeting  man-  The  number  of  mills  for  the  manufacture  of  carpeting, 
ufactured,  &,c.  jN^Qj^i^er  of  pouuds  of  wool  cousumcd  in  the  manufacture 
of  carpeting.  Number  of  yards  of  carpeting  manufactured. 
Value  of  carpeting  manufactured.  Amount  of  capital  in- 
vested in  said  business.  Number  of  males  employed  in  the 
manufacture  of  carpeting.  Number  of  females  employed 
in  same. 
Worsted  goods,  The  number  of  establishments  for  the  manufacture  of 
'^*'-  worsted  goods,  or  goods  of  which  worsted  is  a  component 

part.  Number  of  yards  of  such  goods  manufactured  dur- 
ing said  year.  Value  of  the  same.  Number  of  pounds  of 
worsted  yarn  manufactured,  and  not  made  into  cloth. 
Value  of  worsted  yarn.  Amount  of  capital  invested  in  the 
manufacture  of  worsted.  Number  of  males  employed  in 
said  business.  Number  of  females  employed  in  the  same. 
Hosiery, (fee.  The  number  of  establishments  for  the  manufacture  of 

hosiery.  Quantity  and  description  of  hosiery  manufac- 
tured. Value  of  hosiery  manufactured.  Number  of  pounds 
of  yarn  manufactured,  and  not  made  into  hosiery.  Value 
of  yarn  manufactured.  Amount  of  capital  invested  in  said 
business.  Number  of  males  employed  in  same.  Number 
of  females  employed  in  same. 
Linen  goods,  The  number  of  establishments  for  the  manufacture  of 

^^'  linen.     Number  of  yards  of  linen  manufactured.     Value  of 


1845. Chap.  171.  493 

same.  Quantity  of  linen  thread  manufactured.  Value  of 
linen  thread.  Amount  of  capital  invested  in  said  business. 
Number  of  males  employed  in  same.  Number  of  females 
employed  in  same. 

The  number  of  silk  manufactories.  Number  of  yards  of  siik  goods,  &c. 
silk  manufactured  during  said  year.  Value  of  same.  Num- 
ber of  pounds  of  sewing  silk  manufactured.  Value  of  sew- 
ing silk.  Amount  of  capital  invested  in  said  business. 
Number  of  males  employed  in  same.  Number  of  females 
employed  in  same. 

The  number  of  rolling,  slitting,  and  nail  mills.  Quan-  Rolling  mills, 
tity  of  iron  manufactured  by  said  rolling  mills,  and  °^''^'  '^'=- 
not  made  into  nails.  Value  of  iron  thus  manufactured. 
Number  of  machines  for  manufacture  of  nails.  Quantity 
of  nails  manufactured  during  said  year.  Value  of  nails 
manufactured.  Amount  of  capital  invested  in  rolling,  slit- 
ting and  nail  mills.  Number  of  hands  employed  in  said 
business. 

The   number  of   forges.     Number  of  tons  of    bar    iron,  Forges,  bar 
anchors,    chain    cables,    and    other    articles   of    wrought  "^°"'  *^*^' 
iron     manufactured    by    said    forges,    during    said   year. 
Value  of  said  bar  iron,  chain  cables,  anchors,  and  other 
articles.     Amount  of  capital  invested.     Number  of  hands 
employed. 

The  number  of  furnaces  for  the  manufacture  of  pig  iron.  Pig  iron,  &c. 
Number  of  tons  of  pig  iron  manufactured.     Value  of  the 
pig  iron.     Amount  of   capital  invested   in   said    business. 
Number  of  hands  employed  in  same. 

The  number  of  furnaces  for  the  manufacture  of  hollow  Hollow  ware, 
ware  and  castings,  other  than  pig  iron.     Number  of  tons  of  castings,  &c. 
hollow  ware  and  other  castings  manufactured.     Value  of 
hollow  ware  and  castings.     Amount  of  capital  invested  in 
said  business.     Number  of  hands  employed  in  same. 

The  number  of  establishments  for  the  manufacture  of  Machinery,  &c. 
cotton,  woollen,  and  other  machinery.     Gross  value  of  ma- 
chinery manufactured  during  said  year.     Amount  of  capi- 
tal invested  in  said  business.     Number  of  hands  employed 
in  same. 

The  number  of  establishments  for  the   manufacture  of  Steam  engines, 
steam  engines  and  boilers.     Value  of  steam  engines  and     '^' 
boilers  manufactured  during  said  year.     Amount  of  capital 
invested  in  said  business.     Number  of  hands  employed  in 
same. 

The  number  of  shops  for  the  manufacture  of  fire  engines.  Fire  engines 
Number  of  fire   engines   manufactured  during  said  year.  "^c. 
Value  of  fire  engines  manufactured.     Number  of  hands  em- 
ployed in  said  business. 

The  number  of  scythe  manufactories.    Number  of  scythes  scythes  &c. 
manufactured  during  said  year.     Value  of  scythes  manu- 


494 


1845.- 


-Chap.  171. 


Axes,  &c. 


Cutlery,  <fcc. 


Screws,  &c. 


Butts,  hinges, 
&c. 


Latches,  door 
handles,  &c. 


Locks,  &c. 


Tacks,  brads, 

&c. 


Shovels,  &c. 


Ploughs,  &c. 


Iron  railing,  <fcc. 


Copper,  &ic. 


factured.     Amount  of  capital    invested  in    said    business. 
Number  of  hands  employed  in  same. 

The  number  of  axe  manufactories.  Number  of  axes, 
hatchets,  and  other  edge  tools  manufactured  during  said 
year.  Value  of  the  same  manufactured.  Amount  of  capi- 
tal invested  in  said  business.  Number  of  hands  employed 
in  same. 

The  number  of  establishments  for  the  manufacture  of 
cutlery.  Value  of  cutlery  manufactured.  Amount  of  cap- 
ital invested  in  said  business.  Number  of  hands  employed 
in  same. 

The  number  of  screw  manufactories.  Number  of  gross 
of  screws  manufactured  during  said  year.  Value  of  screws 
manufactured.  Amount  of  capital  invested  in  said  busi- 
ness.    Number  of  hands  employed  in  same. 

The  number  of  establishments  for  the  manufacture  of 
butts  or  hinges.  Number  of  dozen  of  iron  butts  or  hinges 
manufactured.  Value  of  iron  butts  or  hinges.  Number  of 
dozen  of  brass  or  composition  butts  or  hinges  manufactured. 
Value  of  brass  or  composition  butts  or  hinges.  Amount  of 
capital  invested  in  said  business.  Number  of  hands  em- 
ployed in  same. 

The  number  of  establishments  for  the  manufacture  of 
latches  and  door  handles.  Number  of  dozen  of  door  han- 
dles and  latches  manufactured  during  said  year.  Value  of 
doorhandles  and  latches.  Amount  of  capital  invested  in 
said  business.     Number  of  hands  employed  in  same. 

The  number  of  lock  manufactories.  Number  of  locks 
manufactured  during  said  year.  Value  of  locks  manufac- 
tured. Amount  of  capital  invested  in  said  business.  Num- 
ber of  hands  employed  in  same. 

The  number  of  tack  and  brad  manufactories.  Quantity 
of  tacks  and  brads  manufactured.  Value  of  tacks  and 
brads.  Amount  of  capital  invested  in  said  business.  Num- 
ber of  hands  employetl  in  same. 

The  number  of  manufactories  of  shovels,  spades,  forks 
and  hoes.  Value  of  shovels,  spades,  forks  and  hoes  manu- 
factured. Amount  of  capital  invested  in  said  business. 
Number  of  hands  employed  in  same. 

The  number  of  plough  manufactories.  Number  of  ploughs 
and  other  agricultural  tools  manufactured  during  said  year. 
Vahie  of  the  same.  Amount  of  capital  invested  in  said 
business.     Number  of  hands  employed  in  same. 

The  number  of  shops  for  the  manufacture  of  iron  railing, 
iron  fences,  and  iron  safes.  Value  of  iron  railing,  iron 
fences,  and  iron  safes  manufactured  during  said  year. 
Amount  of  capital  invested  in  said  business.  Number  of 
hands  employed  in  same. 

The  number  of  copper  manufactories.  Quantity  of  cop- 
per manufactured  during  said  year.     Value  of  the  same. 


1845. Chap.   171.  495 

Amount  of  capital  invested  in  said  business.     Number  of 
hands  employed  in  same. 

The  number  of  brass  foundries.     Value  of  articles  manu-  Brass  foundries, 
factured  in  said  foundries  during  said   year.     Amount  of  '^*^- 
capital  invested  in  said  business.     Number  of  hands  em- 
ployed in  same. 

The  number  of  establishments  for  the   manufacture  of  Britannia  ware, 
britannia  ware.      Value  of  britannia  ware  manufactured  '^''• 
during  said  year.     Amount  of  capital  invested  in  said  busi- 
ness.    Number  of  hands  employed  in  same. 

The  number  of  metal  button  manufactories.     Number  of  Metal  buttons, 
gross   of  metal  buttons   manufactured   during   said   year. 
Value  of  metal  buttons  manufactured.     Amount  of  capital 
invested  in  said  business.     Number  of  hands  employed  in 
same. 

The  number  of  glass  manufactories.     Quantity  of  win-  Window  and 
dovv  glass  manufactured  during  said  year.     Value  of  win-  other  glass,  &c. 
dow  glass.     Value  of  other  glass  manufactured.     Amount 
of  capital  invested  in  said  business.     Number  of  hands  em- 
ployed in  same. 

The  number  of  starch  manufactories.    Quantity  of  starch  Starch,  &c. 
manufactured,  from  wheat  or  flour,  during  said  year.  Quan- 
tity of  starch   manufactured  from   potatoes.     Value  of  all 
starch  manufactured.     Amount  of  capital  invested  in  said 
business.     Number  of  hands  employed  in  same. 

The  number  of  establishments  for  the  making  of  chemical  Chemical  pre- 
preparations.      Value  of  chemical    preparations   raanufac- p^''^^'""*''^*'- 
tured  during  said  year.     Amount  of  capital  invested  in  said 
business.     Number  of  hands  employed  in  same. 

The  number  of  paper  manufactories.     Quantity  of  stock  Paper,  &c. 
made  use  of  during  said  year.     Quantity  of  paper  manu- 
factured.    Value  of  the  paper.     Amount  of  capital  invested 
in  said  business.     Number  of  hands  employed  in  the  same. 

The  number  of  musical  instrument  manufactories.  Value  Musical  instru- 
of  musical    instruments   manufactured   during   said  year,  ments,  &c. 
Amount  of  capital  invested  in    said  business.     Number  of 
hands  employed  in  same. 

The  number  of  clock  manufactories.     Number  of  clocks  Clocks, &c. 
manufactured  during  said  year.     Value  of  clocks  manufac- 
tured.    Amount  of  capital  invested  in  said  business.    Num- 
ber of  hands  employed  in  same. 

The   number  of  pin    manufactories.     Quantity  of  pins  pjn^  &c. 
manufactured.    Value  of  pins  manufactured.     Amount  of 
capital  invested  in   said  business.     Number  of  hands  em- 
ployed in  same. 

The  number  of   establishments  for  the  manufacture  of  Watches,jew- 
chronometers,  watches,  gold  and  silver  ware  and  jewelry,  ^'■'^'-'^c. 
Value  of  the  manufactures  of  said  establishments.     Amount 
of   capital  invested  in  said  business.     Number  of  hands 
employed  in  same. 


496 


1845.- 


-Chap.  171. 


Brushes,  &c. 


Saddles,  trunks, 

&.C. 


Upholstery,  &c. 


Hats,  caps,  &c. 


Cordage,  &c. 


Cards,  &c. 


Salt,  &c. 


Rail-road  cars, 
coaches,  &c. 


Lead,  &,c. 


Sugar  refineries, 
&c. 


Oil,  sperm  can- 
dles, &Cj 


Soap,  tallow 
candles,  &c. 


The  number  of  brush  manufactories.  Value  of  brushes 
of  all  kinds  manufactured  during  said  year.  Amount  of 
capital  invested  in  said  business.  Number  of  hands  em- 
ployed in  same. 

The  number  of  saddle,  harness  and  trunk  manufactories. 
Value  of  saddles,  harnesses  and  trunks  manufactured  dur- 
ing said  year.  Amount  of  capital  invested  in  said  business. 
Number  of  hands  employed  in  same. 

The  number  of  upholstery  manufactories.  Value  of  up- 
holstery manufactured  during  said  year.  Amount  of  cap- 
ital invested  in  said  business.  Number  of  hands  employed 
in  same. 

The  number  of  hat  and  cap  manufactories.  Number  of 
hats  and  caps  manufactured  during  said  year.  Value  of 
hats  and  caps  manufactured.  Amount  of  capital  invested 
in  said  business.     Number  of  hands  employed  in  same. 

The  number  of  cordage  manufactories.  Quantity  of 
cordage  manufactured  during  said  year.  Value  of  cordage 
manufactured.  Amount  of  capital  invested  in  the  manu- 
facture of  cordage.     Number  of  hands  employed  in  same. 

The  number  of  card  manufactories.  Value  of  cards  of 
all  kinds  manufactured  during  said  year.  Capital  invested 
in  said  business.     Number  of  hands  employed  in  same. 

The  number  of  establishments  for  the  manufacture  of 
salt.  Number  of  bushels  of  salt  manufactured  during  said 
year.  Value  of  salt  manufactured.  Amount  of  capital 
invested  in  said  business.  Number  of  hands  employed  in 
same. 

The  number  of  establishments  for  the  manufacture  of 
rail-road  cars,  coaches,  chaise,  wagons,  sleighs  and  other 
vehicles.  Value  of  rail-road  cars,  chaise,  coaches,  wagons, 
sleighs  and  other  vehicles  manufactured  during  said  year. 
Amount  of  capital  invested  in  said  business.  Number  of 
hands  employed  in  same. 

The  number  of  lead  manufactories.  Value  of  all  manu- 
factures of  lead  during  said  year.  Amount  of  capital  in- 
vested in  the  lead  manufacture.  Number  of  hands  employ- 
ed in  same. 

The  number  of  sugar  refineries.  Quantity  of  sugar  re- 
fined during  said  year.  Value  of  sugar  refined.  Amount 
of  capital  invested  in  said  business.  Number  of  hands  em- 
ployed in  same. 

The  number  of  establishments  for  the  manufacture  of 
oil  and  sperm  candles.  Number  of  gallons  of  oil  manufac- 
tured during  said  year.  Value  of  oil  manufactured.  Num- 
ber of  pounds  of  sperm  candles  manufactured  during  said 
year.  Value  of  sperm  candles  manufactured.  Amount  of 
capital  invested  in  said  business.  Number  of  hands  em- 
ployed in  same. 

The  number   of  establishments  for  the   manufacture  of 


1845 Chap.  171.  497 

soap,  and  tallow  candles.  Quantity  of  soap  manufactured 
during  said  year.  Value  of  soap  manufactured.  Number 
of  pounds  of  tallow  candles  manufactured  during  said  year. 
Value  of  tallow  candles  manufactured.  Amount  of  capital 
invested  in  said  business.  Number  of  hands  employed  in 
same. 

The  number  of  powder  mills.     Quantity  of  powder  man-  Powder,  &c. 
ufactured  during  said   year.     Value   of  powder  manufac- 
tured.    Amount  of  capital  invested  in   the  manufacture  of 
powder.     Number  of  hands  employed  in  same. 

The  number  of  establishments   for  the  manufacture  of  ^ire  arms,  &c. 
fire  arms.     Number  and  description  of  fire  arms  manufac- 
tured.    Value  of  fire  arms  manufactured.     Amount  of  cap- 
ital invested  in  said  business.     Number  of  hands  employed 
in  same. 

The  number  of  establishments  for  the  manufacture  of  Gannon,  &c. 
cannon.     Number  and  description  of  cannon  manufactured. 
Value  of  cannon.     Amount  of  capital  invested  in  said  busi- 
ness.    Number  of  hands  employed  in  same. 

The  number  of  chocolate  mills.     Quantity  of  chocolate  Chocolate,  &c. 
manufactured  during  said  year.     Value   of  chocolate  man- 
ufactured.    Amount  of  capitril  invested  in  said  business. 
Number  of  hands  employed  in  same. 

The  number  of  chair  and  cabinet  ware  manufactories,  chairs,  cabinet 
Value  of  chairs  and  cabinet  ware  manufactured  during  said  '^^^^'  ^'^' 
year.     Value  of   chairs  and   cabinet  ware  manufactured. 
Amount  O'f  capital  invested  in  said  business.     Number  of 
hands  employed  in  same. 

The  number  of  tin  ware  manufactories.     Value  of  tin  Tinware,  &c. 
ware  manufactured  during  said  year.     Amount  of  capital 
invested  in  said  business.     Number  of  hands  employed  in 
same. 

The  number  of  comb  manufactories.     Value  of  combs  Combs,  &,c. 
manufactured  during  said  year.     Amount  of  capital  invest- 
ed in  said  business.     Number  of  hands  emploj'ed  in  same. 

The  number  of  establishments  for  the  manufacture  of  Paints,  «fec. 
white  lead  and  other  paints.  Quantity  of  white  lead  man- 
ufactured. Value  of  white  lead.  Quantity  and  descrip- 
tion of  other  paints  manufactured.  Value  of  other  paints. 
Amount  of  capital  invested  in  said  business.  Number  of 
hands  employed  in  same. 

The  number  of  mills  for  the  manufacture  of  linseed  oil.  Linseed  oil,  dtc. 
Quantity  of  oil  manufactured.     Value  of  oil  manufactured. 
Amount  of  capital  invested  in  said  business.     Number  of 
hands  employed  in  same. 

The  number  of  glue  manufactories,   and  manufactories  Glue, gums, &c. 
for   the  preparation  of  gums.     Value  of  glue  and   gums 
manufactured.     Amount  of  capital  invested  in  said  busi- 
ness.    Number  of  hands  employed  in  same. 

The  number  of  establishments  for  the  manufacture  of  Cotton  gins, &,c. 
64 


498 


1845.- 


■Chap.  171. 


Flour,  &c. 


Tanned  leather, 


Boots,  shoes. 


Straw  and  palm 
leaf  bonnets 
and  hats,  &c. 


Bricks,  <fcc. 


Mathematical 

instruments, 

&c. 


Snuff,  cigars, 
&c. 


Building  stone, 

&c. 


Marble,  &c. 
Lime,  &c. 


Coal,  iron  ore, 
&c. 


Whips,  &c. 
Blacking,  &c. 


Blocks, 
pumps,  &c. 


cotton  gins.  Value  of  cotton  gins  manufactured  during 
said  year.  Amount  of  capital  invested  in  said  business. 
Number  of  hands  employed  in  same. 

The  number  of  flouring  mills.  Number  of  barrels  of 
flour  manufactured  during  said  year.  Value  of  flour  man- 
ufactured. Amount  of  capital  invested  in  said  business. 
Number  of  hands  employed  in  same. 

The  number  of  tanneries.  Number  of  hides  of  all  kinds 
tanned  during  said  year.  Value  of  leather  tanned  and 
curried.  Amount  of  capital  invested  in  said  business. 
Number  of  hands  employed  in  same. 

The  number  of  pairs  of  boots  of  all  kinds  manufactured 
during  said  year.  Number  of  pairs  of  shoes  of  all  kinds 
manufactured.  Value  of  boots  and  shoes  manufactured. 
Number  of  males  employed  in  the  manufacture  of  boots 
and  shoes.     Number  of  females  employed  in  same. 

The  number  of  straw  bonnets  and  straw  hats  manufac- 
tured during  said  year.  Value  of  straw  bonnets  and  straw 
hats  manufactured.  Value  of  straw  braid  manufactured, 
and  not  made  into  bonnets  and  hats.  Number  of  palm  leaf 
hats  manufactured.  Value  of  palm  leaf  hats.  Number  of 
females  employed  in  the  braiding  of  straw,  the  making  of 
straw  bonnets,  straw  hats  and  palm  leaf  hats. 

The  number  of  bricks  manufactured  during  said  year. 
Value  of  bricks  manufactured.  Number  of  hands  employ- 
ed in  the  manufacture  of  bricks. 

The  value  of  mathematical  instruments  manufactured 
during  said  year.  Number  of  hands  employed  in  the  man- 
ufacture of  mathematical  instruments. 

The  value  of  snuff",  tobacco  and  cigars  manufactured 
during  said  year.  Number  of  hands  employed  in  the  man- 
ufacture of  snuff",  tobacco  and  cigars. 

The  gross  value  of  building  stone  quarried  and  prepared 
for  building.  Number  of  hands  employed  in  quarrying 
and  preparing  building  stone. 

The  gross  value  of  marble  quarried  and  prepared  for 
market  during  said  year.  Number  of  hands  employed  in 
quarrying  and  preparing  marble. 

Number  of  casks  of  lime  manufactured  during  said  year. 
Number  of  hands  employed  in  the  manufacture  of  lime. 
And  value  of  lime  manufactured. 

The  gross  value  of  mineral  coal  and  iron  ore,  mined 
during  said  year.  Number  of  hands  employed  in  mining 
coal  and  iron  ore. 

The  gross  value  of  whips  manufactured  during  said  year. 
Number  of  hands  employed  in  the  manufacture  of  whips. 

Gross  value  of  blacking  manufactured.  Number  of 
hands  employed  in  the  manufacture  of  blacking. 

Gross  value  of  blocks  and  pumps  manufactured  during 


1846. -Chap.  171.  499 

said  year.     Number  of  hands  employed  in  the  manufac- 
ture of  blocks  and  pumps. 

Gross  value  of  mechanics'  tools  manufactured  durinar  said  Mechanics' 


b 


tools,  &c. 


year.     Number  of  hands  employed  in  the  manufacture  of 
mechanics'  tools. 

Gross  value  of  all  wooden  ware,  not  otherwise  enumer-  Farming  uten- 
ated  in  this  act,  including  farming  utensils,  manufactured  siis,  &c. 
during  said  year.     Number  of  hands  employed  in  the  man- 
ufacture of  such  wooden  ware. 

The  number   of  corn  and  other  brooms  manufactured  Brooms,  &c. 
during  said  year.     Value  of  brooms  manufactured.     Num- 
ber of  hands  employed  in  the  making  of  brooms. 

The  number  of  steel  pens  manufactured  during  said  year,  steel  pens,  &c. 
Value  of  steel  pens  manufactured.     Amount  of  capital  in- 
vested.    Number  of  hands  employed  in  the  manufacture  of 
steel  pens. 

The  quantity  of  lumber  prepared  for  market.     Value  of  Lumber,  &c. 
lumber  thus  prepared.     Number  of  hands  employed  in  pre- 
paring lumber. 

Number  of  cords  of  fire  wood  prepared  for  market.  Value  Fire  wood,  &c. 
of  the  tire  Avood.     Number  of  hands  employed  in  preparing 
fire  wood. 

The    number    of    vessels   launched   during    said   year.  Vessels  launch- 
Amount  of  the  tonnage  of  said  vessels.     Value  of  vessels  ^^''^*=- 
launched.     Number  of  hands  employed  in  ship  building. 

The  number  of  boats  built  during  said  year.     Value  of  Boats  built, 
boats  built.     Number  of  hands  employed  in  the  building  of    '^' 
boats. 

The  gross  value  of  all  other  articles  manufactured  in  the  Various  manu- 
town  during  said  year,   with  a  description  of  the  same.  ^^^^"^^  ^'' 
Amount  of  capital  invested  in  the  business.     Number  of      ' 
hands  employed  in  same. 

The  quantity  of  sperm  oil  consumed  in  the  several  man-  Articles  con- 
ufacturing  establishments  dnring  said  year.  Value  of  sperm  fa^u^ln"  ™ro^"" 
oil  thus  consumed.  Quantity  of  whale  oil  consumed  in  said  cesses,  &c, 
establishments.  Value  of  whale  oil  consumed.  Quantity 
of  all  other  kinds  of  oil  consumed  in  said  establishments. 
Value  of  all  other  kinds  of  oil  consumed.  The  number  of 
tons  of  anthracite  coal  consumed  in  said  establishments. 
Value  of  anthracite  coal  consumed.  Quantity  of  bitumin- 
ous coal,  mined  in  the  United  States,  consumed  in  said  es- 
tablishments. Value  of  said  bituminous  coal.  Quantity 
of  foreign  bituminous  coal  consumed.  Value  of  foreign 
bituminous  coal.  Value  of  all  other  articles  of  American 
production,  excepting  cotton,  wool,  and  iron,  consumed  by 
said  manufacturing  establishments.  Value  of  all  other  ar- 
ticles of  foreign  productions,  excepting  as  above,  consumed 
by  same. 

The  number  of  vessels  employed  in  the  whale  fishery,  whaie  fishery. 
Amount  of  tonnage  of  vessels  employed  in  whale  fishery.  •^*^- 


500 


1846.- 


-Chap.  171. 


Mackerel  and 
cod  fishery, 
&c. 


Sh«ep,  fe.c. 


Asses,  mules, 
horses,  neat  cat- 
tle, swine,  &c. 


Cereal  grains, 
esculent  vege- 
tables, hay, 
hemp,  flax,  &c. 


Fruits,  hops, 
tobacco,  silk, 
teazles,  &.c. 


Butter,  cheese, 
honey,  bees- 
WEix,  shoe-pegs, 
&c. 


Number  of  gallons  of  sperm  oil  imported  during  the  year 
ending  on  the  first  day  of  January  preceding.  Value  of 
sperm  oil  imported.  Number  of  gallons  of  whale  oil  im- 
ported during  said  year.  Value  of  whale  oil  imported. 
Number  of  pounds  of  whalebone  imported  during  said 
year.  Value  of  whalebone  imported.  Amount  of  capital 
invested  in  the  whale  fishery.  Number  of  hands  employed 
in  same. 

The  number  of  vessels  employed  in  the  mackerel  and  cod 
fisheries.  Tonnage  of  vessels  employed  in  said  fisheries. 
Number  of  barrels  of  mackerel  taken  during  the  year  end- 
ing on  said  first  day  of  January  preceding.  Number  of 
quintals  of  cod-fish  taken.  Value  of  mackerel  taken. 
Value  of  cod-fish  taken.  Number  of  bushels  of  salt  con- 
sumed in  the  mackerel  and  cod  fisheries.  Amount  of  capi- 
tal invested  in  the  mackerel  and  cod  fisheries.  Number  of 
hands  employed  in  same. 

The  number  of  Saxony  sheep  of  different  grades.  Num- 
ber of  merino  sheep  of  different  grades.  Number  of  all 
other  kinds  of  sheep.  Gross  value  of  all  the  sheep.  The 
number  of  pounds  of  Saxony  wool  produced.  Number  of 
pounds  of  merino  wool  produced.  Number  of  pounds  of  all 
other  wool  produced.  Gross  value  of  all  wool  produced  in 
the  town  during  said  year. 

The  number  of  asses  and  mules.  Value  of  the  asses  and 
mules.  Number  of  horses.  Value  of  the  horses.  Number 
of  neat  cattle.  Value  of  neat  cattle.  Number  of  swine. 
Value  of  swine. 

The  number  of  bushels  of  Indian  corn  or  maize  raised 
during  the  year  ending  as  aforesaid.  Value  of  the  Indian 
corn  or  maize.  Number  of  bushels  of  wheat.  Value  of 
same.  Number  of  bushels  of  rye.  Value  of  same.  Num- 
ber of  bushels  of  barley.  Value  of  same.  Number  of 
bushels  of  oats.  Value  of  oats.  Number  of  bushels  of 
potatoes.  Value  of  potatoes.  Quantity  of  other  esculent 
vegetables.  Value  of  other  esculent  vegetables.  Quantity 
of  millet  raised.  Value  of  millet.  Number  of  tons  of  hay. 
Value  of  hay.  Quantity  of  hemp  raised.  Value  of  hemp. 
Number  of  pounds  of  flax  raised.     Value  of  flax. 

Number  of  bushels  of  fruit  of  various  kinds.  Value  of 
fruit.  Number  of  pounds  of  hops  raised.  Value  of  hops. 
Number  of  pounds  of  tobacco.  Value  of  tobacco.  Quantity 
of  raw  silk  raised.  Value  of  raw  silk.  Quantity  of  tea- 
zles.    Value  of  teazles. 

Number  of  pounds  of  butter  produced  during  said  year. 
Value  of  butter.  Number  of  pounds  of  cheese.  Value  of 
cheese.  Number  of  pounds  of  honey.  Value  of  honey. 
Number  of  pounds  of  bees-wax.  Value  of  bees-wax.  Quan- 
tity of  shoe  pegs  manufactured. 


1845. Chap.  171—172.  501 

Sect,  2.     The   Secretary   of    the   Commonwealth   shall  Secretary  to 
cause  to  be  printed  blank  tables,  conveniently  arranged  for  biank^"for  r 
the  return  of  the  facts  aforesaid,  with  blank  columns  for  turns,  &c. 
the  return  of  facts  such  as  are  not  enumerated  in  this  act, 
and  shall  furnish   three  copies  of  the  same,  together  with 
one  copy  of  this  act,  to  the  assessors  of  each  town,  on  or 
before  the  first  day  of  May  next. 

Sect.  3.     The  Secretary  of  the  Commonwealth,  after  he  Secretary  to 
shall  have  received  the  returns  aforesaid  from  the  assessors  P'^t'J-^u®  *°*^t^ 
of  the  several  towns,  shall  cause  to  be  prepared  and  printed,  stract  of  re- 
a  true  abstract  of  the  same,  with  each  column  of  figures  of  turns,  &c. 
such  abstract  added  up,  for  the  use  of  the  Legislature,  at 
the  next  session  thereof. 

Sect.  4.     Each  assessor  shall   receive,  from  the  treasury  Compensation 
of  the  Commonwealth,  one  dollar  and  twenty-five  cents  a  of  assessors. 
day  for  every  day  that  he  shall  be  employed  in  making  the 
return  aforesaid ;  and  the   accounts  of  assessors,  for  these  ■^"'^'^  °^  a''" 
services,  shall   be  audited  by   a  committee  of  the    Legis- 
lature. 

Sect.  5.     The   assessors   of    any   town   may   authorize  Assessors  may 
either  of  their  number,  or  some  other  suitable  person,  to  1^1*3°^  ^"'^*^'' 
collect  the  information  required  by  this  act,  to  whom  the 
same  allowance,  per  day,  shall  be   made  from  the  treasury 
of  the  Commonwealth,  as  is  provided  for  the  services  of  the 
assessors. 

Sect.  6,     If  the   assessors  of  any   town    shall    wilfully  Penalty  of  neg- 
neglect  to  make  the  return   aforesaid,  in  the  manner  afore-  iTif"  l!i?/^'^' 
said,  such  assessors  shall  forfeit  to  the  Commonwealth  a 
sum  not  exceeding  one  hundred  dollars. 

Sect.  7.     This  act  shall   take  efiect  from  and   after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  21,  1845.]         ^^'^*^'- 

An  Act  to  incorporate  the  Marblehead  Breakwater  Company.  ChciJ)  1 72. 

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

Sect.  1.     Joshua  Orne,  Ephraim  Brown,  Abel  Gardner,  Persons  incor- 
their  associates  and  successors,  are  hereby  made  a  corpo-  erect  a  break- 
ration,  by  the  name  of  the  Marblehead  Breakwater  Com-  water,  &c. 
pany,  for  the  purpose  of  erecting  a  breakwater  and  making 
a  dock  in  the  harbor  of  Marblehead,  with  all    the  powers 
and  privileges,  and  subject  to  all  the  duties,  liabilities  and 
restrictions,  set  forth  in  the  forty-fourth  chapter  of  the  Re- 
vised Statutes. 

Sect.  2.     The  said  company  shall  have  power  to  erect  a  Location, 
sufficient   breakwater  and   sea-wall    between  the  land   of 
Ephraim  Brown  and  Gerry  Island,  so  called,  in  the  town 
of  Marblehead  ;  and,  for  that  purpose,  to  close  up  the  pas-  May  close  up  a 
sage  between  said  land  and  said  island,  for  the  defence  and  P^s^^^se- 
protection  of  said  dock. 


502 


1845.- 


-Chap.  172—173. 


Corporation 
may  take  cer- 
tain lands, 


paying  reasona- 
ble compensa- 
tion. 

May  fix  ring- 
bolts, &c.,  pay- 
ing damages. 


Remedies  for 
injury  to  prop- 
erty. 


Company  must 
organize,  &c. 
before  April  1, 
1847. 


When  to  take 
effect. 


Sect.  3.  The  said  company  shall  have  power  to  take 
and  appropriate,  for  the  use  of  said  breakwater  and  dock, 
and  for  the  operations  necessarily  connected  with  the  same, 
so  much  of  the  land  of  Ephraim  Brown,  Samuel  'I'urner, 
Samuel  Goodwin,  first,  James  Goodwin,  Knott  Martin, 
Thomas  Wooldridge,  and  of  the  land  of  the  heirs  of  Josiah 
P.  Creasy,  which  appears  laid  down  on  the  chart  surveyed 
and  drawn  by  Alonzo  Lewis,  of  Lynn,  dated  the  eighth 
day  of  January,  in  the  year  one  thousand  eight  hundred 
and  forty-five,  as  may  be  necessary  for  the  purpose  of  erect- 
ing, enlarging  and  improving  said  breakwater  and  docks, 
by  paying  a  reasonable  compensation  for  the  same,  and  for 
all  damages  done  by  taking  the  same. 

Sect.  4.  The  said  company  shall  also  have  power  to  fix 
ring-bolts,  posts  or  spiles,  for  the  purpose  of  warping  ves- 
sels into  and  out  of  said  dock,  on  the  land  of  any  person  on 
the  margin  of  Little  Harbor,  so  called,  by  said  dock,  said 
company  paying  all  damages  that  may  be  thereby  occa- 
sioned. 

Sect.  5.  All  persons  whose  lands  are  taken  for  the  above 
purpose,  or  who  shall  suffer  damage  by  any  of  the  above 
doings  upon  their  lands  or  property,  shall  have  the  same 
remedies  which  are  now  provided  for  ascertaining  damages 
in  case  of  private  property  being  taken  for  the  construction 
or  use  of  rail-roads,  under  and  by  virtue  of  the  thirty-ninth 
chapter  of  the  Revised  Statutes,  and  all  other  acts  or  laws 
now  in  force  in  relation  to  such  damages ;  and  the  same 
proceedings  may  be  had  as  are  prescribed  by  said  acts  and 
laws  for  the  recovery  of  damages  in  cases  of  land  taken  for 
rail-roads. 

Sect.  6.  This  act  shall  be  null  and  void,  unless  the  said 
company  shall  organize  under  it,  and  proceed  with  the  exe- 
cution of  the  powers  above  conferred,  within  two  years 
from  the  first  day  of  April,  in  the  year  one  thousand  eight 
hundred  and  forty-five. 

Sect.  7.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  Mai^ch  21,  1845.] 


Chap  MS. 


Oysters  may  lie 
planted,  &c.  on 
land  described 
in  Wareham. 


Aq  Act  to  authorize  Thomas  Washburn  to  plant  Oysters, 

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

Sect.  1.  Thomas  Washburn,  of  Wareham,  in  the  county 
of  Plymouth,  his  heirs  and  assigns,  are  hereby  authorized 
to  plant  and  dig  oysters  on  tlie  sea-shore  adjoining  land 
now  owned  by  him,  on  or  near  Great  Neck,  so  called,  in 
said  Wareham,  being  the  same  land  described  in  the  deed 
of  one  Peter  Presho  to  said  Thomas  Washburn  dated  Jan- 
uary 15,  1844,  and  acknowledged  February  22.  1845. 


1845. Chap.  173—175.  503 

Sect.  2.     Said  Washburn,  his  heirs  and   assigns,   shall  ^rSo'Tar?^ 
have  the  exchisive  use  of  the  waters  and  flats  adjoining  ^^^^^' 

his  land,  for  the  distance  of  ten  rods  from  low  water  mark, 
for  the  purpose  of  planting  and  digging  oysters,  for  the 
term  of  twenty  years ;  and  if  any  other  person  shall  dig  or  Penalty  of  ^3 
take  therefrom  any  oysters  during  the  terra  aforesaid,  with-  'o^  *''espass. 
out  leave  of  the  owner  or  owners  of  said  land,  now  owned 
by  said  Washburn,,  such  person  shall  forfeit  and  pay  a  fine 
not  exceeding  five  dollars  for  each  offence,  to  the  use  of 
the  Commonwealth,  to  be  recovered  in  any  court  proper  to 
try  the  same. 

Sect.  3,     This  act  shall  take  effect  from  and  after  its  when  to  take 
passage.     [Approved  by  the  Governor,  March  21,  1845.] 

An  Act  concerning  the  Boston  Museum.  Chr/n  1  lA 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  Ge?ieral  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     The  Boston  Museum,  a  corporation  established  Personal  estate 
by  law,  is  hereby  empowered  to  hold  personal  estate  to  the  ff3oooo°rea/° 
amount  of  thirty  thousand  dollars,   and  real  estate  to  the  estate  to 
amount  of  twenty  thousand  dollars,  and  the  whole  capital  fa^-^^Uo^'^'^ 
stock  of  said  corporation  shall  not  exceed  the  sum  of  fifty  550,000. 
thousand  dollars. 

Sect.  2.     Any  shares  heretofore  issued  by  said  corpora- shares  to  be 
tion  shall   be  valid,   provided   they   shall  not  represent  a  ^ahd, pwirferf, 
larger  amount  of  capital   than  has  actually  been  paid  in, 
for  the  permanent  use  of  said  corporation. 

Sect.  3.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  21,  1845.]         ^^^^^' 

An  Act  to  incorporate  the  Ocean  Steam  Mills.  ChcLT)  1 75 

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

Sect.  1.     Benjamin  Saunders,  William  C.  Balch,  Edward  Persons  incor- 
S.  Lesley,  their  associates  and  successors,  are  hereby  made  ufecture  couon' 
a  corporation,    by  the  name  of  the  Ocean  Steam  Mills,  for  goods  in  New- 
the  purpose  of  manufacturing  cotton  goods  in  the  town  of  ""■^P"'"'- 
Newburyport,  in  the  county  of  Essex;   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  tlie  Revised  Statutes. 

Sect.  2.      Said   corporation   may   hold,    for  the  purpo- i^eai  estate  not 
ses  aforesaid,  real  estate  to  an  amount  not  exceeding  fifty  ^50,000,  and 
thousand  dollars;  and  the  whole  capital  stock  of  said  cor-  capital 
poration  shall  not  exceed  two  hundred  thousand  dollars.  ^     ' 
[Approved  by  the  Goveriior,  March  21,  1845.] 


o04  1845. Chap.  176—177. 

f^hnn  1  7fi  "^^  "^^^  relating  to  Discharged  Convicts. 

BE  it  enacted  by  the  Senate  and  House  of  Rep?'ese?ita- 
tives,  in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  folloios  : 
The  Governor,  Sect.  1.  The  Govemor,  with  advice  of  the  Council,  is 
&.C.  to  appo'int  hereby  authorized  to  appoint  an  agent,  who  shall  hold  his 
an  agent  to  office  Until  another  is  appointed  in  his  place,  whose  duty  it 
d^schTrged  con-  shall  be  to  counscl  and  advise  such  discharged  convicts  as 
victs,  &c.  may  seek  his  aid,  and  to  take  such   measures  to  procure 

employment  for  such  of  them  as  may  desire  it,  by  corres- 
ponding with  persons  in  mechanical  and  agricultural  pur- 
suits, and  with   benevolent  individuals  and  associations,  as 
he  may  deem  proper  and  expedient. 
f^*diied  b  ^^in^"      Sect.  2.     Said  agent  shall   keep  an  account  of  the  time 
spectors  /f  the   employed  and  money  expended  in  the  performance  of  the 
State  Prison,      duties  of  his  office,  and  present  the  same  to  the  inspectors 
of  the  State  Prison,  and  their  approval  thereof  shall  entitle 
Annual  com-      jjjj^  ^q  receive,  from  the  treasury  of  the  Commonwealth,  a 

pensation  not  to  ,  t  ,.  i  i    '  i      i    n  r 

exceed  ^300.  sum  uot  excccdmg  three  hundred  dollars  per  annum,  tor 
which  the  Governor  is  requested  to  draw  warrants  from 
time  to  lime. 

Office  iu  Sect.  3.     The  office  of  said  agent  shall  be  located  in  the 

Charlestovvn  or  r-  /-,i        i  •        i  •  r   i^ 

Boston.  town  01  Oharlestown  or  ni  the  city  oi  Boston. 

When  to  take        Sect.  4.     This  act  shall  take  effect  from  and  after  the 

first  day  of  May  next.     [Approved  by  the  Governor,  March 

22,  1845.] 

Chup  177.  -^^  ■^^'^  t°  incorporate  the  Goodyear  Manufacturing  Company. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 
''orS  to  man-      ^ECT.  1.     Henry  B.   Goodyear,  James  A.   Dorr,   Henry 
ufacture  india     Edwards,  their  associates  and  successors,  are  hereby  made  a 
mbber  goods  in  corporation,  by  the  name  of  the  Goodyear  Manufacturing 
ox  ury.  Company,   for  the  purpose  of  manufacturing  india  rubber 

goods  in  the  town  of  Roxbury,  in  the  county  of  Norfolk ; 
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. 
Real  estate  not      Sect.  2.      Said   corporatioii  may    hold,  for   the   purpo- 
sss^ooo'and      '^^^  aforcsaid,  real  estate  to  the  amount  of  twenty-five  thou- 
capitai  '  sand  dollars,  and  the  whole  capital  stock  of  said  corpora- 

5100,000.  ^.-Qjj  shall  not  exceed  one  hundred  thousand  dollars.     [Ap- 

proved by  the  Governor,  March  22,  1845.] 


1845. Chap.  178—180.  605 

An  Act  to  establish  the  Salary  of  the  Judge  of  Probate  for  the  County  of     Chap  178. 

Barnstable. 

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

Sect.  1.     The  judge  of  probate  for  the  county  of  Barn-  Annual  salary 
stable  shall  receive  an  annual  salary  of  four  hundred  dol-  ^     ' 
lars,  payable  quarterly. 

Sect.  2.     This  act  shall  take  effect  from  and  after  the  ^J^/^P"'  ^' 
first  day  of  April  next.     \A'pj>roved  by  the  Governor,  March 
22,  1845.] 

An  Act  to  incorporate  Ohebei  Shalom.  Cho/D  179. 

BE  it  enacted  by  the  Seriate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.   1.     Moses  Ehrlish,    William  Goldsmith,    Bernard  ^„^'^^°]  j""""'" 
Fox,   their  associates  and  successors,   are  hereby  made  a  maintain  Jew- 
corporation,  by  the  name  of  Ohebei  Shalom,  in  Boston,  with  ish  worship. 
all  tiie  powers  and  privileges,  and  subject  to  all  the  restric- 
tions, duties  and  liabilities,  set  forth  in   the  thirty-eighth 
and  forty- fourth  chapters  of  the  Revised  Statutes,  as  far  as 
the  same  are  applicable  in  this  case. 

Sect.  2.     Said  society  shall  have  the  power  to  hold  and  Estate  not  to 
manage  estate,  real  or  personal,  to  an  amount  not  exceed-  |Yo^^o  to  be 
ing  ten  thousand  dollars,  which  shall  be  applied  to  the  pay-  appiied/&c. 
ment  of  the  debts  of  the  corporation,  and  to  the  support  of 
public  worship. 

Sect.  3.     Said  society  shall  have  power  to  assess  upon  Assessments  to 
the  pews  or  seats  in  their  place  of  worship,  according  to  a  be  made  upon 

1         •  1  f  1        ^  T  T  1     T    r        1       pews,  according 

valuation  thereoi,   to  be   first  made  and  recorded   by  the  to  a  valuation, 

clerk  of  the  corporation,  such  sums  as  may  be  from  time  to  '^'^• 

time  voted  by  said  society,  to  be  raised  for  the  support  of 

public  worship,  and  for  other  parochial  purposes.     And  all  Collection  of 

such  assessments  may  be  collected  in  the  manner  provided  assessments. 

in  the  thirty-second,  thirty-third  and  thirty-fourth  sections 

of  the  twentieth  chapter  of  the  Revised  Statutes. 

Sect.  4.     At  all  meetings  of  the  corporation,  theproprie-  Qualification  of 
tors  of  the  pews,  and  no  other  persons,  shall  be  entitled  to 
vote,  when  the  corporation  own  a  place  of  public  worship, 
allowing  one  vote  for  every  pew. 

Sect.  5,     This  act  shall  take  effect  from  and  after  its  ^^hen  to  take 
passage.     [Approved  by  the  Governor,  March  22,  1845.] 

An  Act  to  incorporate  the  City  Mutual  Fire  Insurance  Company.  f^hnrt  1  80 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 

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

the  same,  us  follows  : 

Samuel  Millard,  Solomon  Piper,  George  Darracott,  their  Persons  jncor- 

associates  and  successors,  are  hereby  made  a  corporation,  fo^nU^Jn'sur^"^" 


506  1845. Chap.  180—181. 

28^  ears  ^°^  ^^  ^^®  name  of  the  City  Mutual  Fire  Insurance  Com- 
pany, to  be  established  in  the  city  of  Boston,  for  the  term 
of  twenty-eight  years,  for  the  purpose  of  insuring  dwelling- 
houses  and  other  buildings,  and  personal  property,  through- 
out this  Commonwealth,  against  loss  by  fire  ;  with  all  the 
powers  and  privileges,  and  subject  to  all  the  duties,  liabili- 
ties and  restrictions,  set  forth  in  the  thirty-seventh  and 
forty-fourth  chapters  of  the  Revised  Statutes.  [Approved 
hy  the  Governor,  March  22,  1845.] 

Chap  181.   An  Act  to  incorporate  the  Peterborough  and  Shirley  Eail-road  Company. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Persons  mcor-        Sect.  1.      Samucl    Applcton,     Levi     Warren,    Eleazer 
porae  .  Browu,  Isaac  Parker,  Cyrus  Harris,  James  Walker,  Jonas 

M.  Mellville^  George  Elliot,  and  Leonard  M.  Parker,  their 
associates  and  successors,  are  hereby  made  a  corporation, 
by  the  name  of  the  Peterborough  and  Shirley  Rail-road 
Company,  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,  and  in  that 
part  of  the  thirty-ninth  chapter  of  said  statutes,  and  the 
general  statutes  subsequently  passed,  relating  to  rail-road 
corporations. 
Location  of  Sect.  2.     Said  company  may  construct  and  maintain  a 

rail-road  with  one  or  more  tracks,   for  the  transportation  of 
persons  and  merchandise,  from  a  point  on  the  Fitchburg 
Rail-road,  near  the  Nashua  River,   in  Shirley,   and  thence 
running  in   a   northerly   direction,    through    the  towns  of 
Shirley  and  Townsend,  to  the  line  of  New  Hampshire,  at 
Mason,  passing  on  the  most  eligible  route,  through  or  near 
the  Morse  village,  so  called,  in  Shirley,  and  through  or  near 
the  Harbor,  the  Centre,   and  West  Village,   so  called,  in 
Townsend. 
^^^''d'«330°         Sect.  3.     The  capital  stock  of  said  corporation  shall  not 
ooolu  shares' of  cxcecd  three  hundred  and  fifty  thousand  dollars,  and  shall 
;gioo.  be  divided  into  shares  of  one  hundred  dollars  each,  and 

said  company  may  purchase  and  hold  such  real  estate,  and 
engines,  cars,  and  other  property,  as  may  be  found  neces- 
sary for  the  purposes  of  said  road. 
May  enter  upou      Segt.  4.     The  Said  rail-road  company  may  enter  their 
and  use  the        road,  bv  proprr  turnouts  and  switches,  upon  the  Fitchburg 

Fitchburff  Rail-  t-»-iii  •.  .•  i-^i  j  .•  r 

road.  Rail-road,  at  the  point  mentioned  ni  the  second  section  oi 

this  act,  paying  for  the  use  of  the  same,  or  any  part  thereof, 

Provided,  Si.c.  such  a  rate  of  toll,  or  compensation,  as  may  be  mutually 
agreed  on  by  the  parties,  or  as  the  Legislature  may,  from 
time  to  time,  prescribe,  and  complying  with  such  reason- 
able rules  and  regulations  as  may  be  established  by  said 
Fitchburg  Rail-road  Company  :  provided,  however,  the  said 


Estate. 


1846. Chap.  181.  507 

rail-road  company  shall  not  enter  upon  said  Fitchburg 
Rail-road,  with  any  motive  power,  unless  the  said  Fitch- 
burg Company  shall  refuse  to  draw  over  their  road,  or  any 
part  thereof,  the  cars  of  said  company  hereby  incorporated. 

Sect.  5.     The  Legislature  may  authorize  any  rail-road  Legislature 

~ ,      .  -,        •'  ,  T       /•     1  Jnay  aulhorize 

corporation   to  enter  their  road  upon  the  road  oi  the  com- the  use  of  road 
pany  hereby  incorporated,  upon  the  same  terms  and  condi-  ^^.°'^®'"  •=°'"P°" 
tions  as  are  prescribed,  in  the  preceding  section,  for  the  en- 
trance of  the  road  of  said  company   upon  the  road  of  the 
said  Fitchburg  Rail-road  Company. 

Sect.  (3.     If  the  said  company  shall  not,   within  three  Road  to  be  lo- 
years,  file  a  location  of  their  route  in  the  manner  required  wTihmS^'^' 
by  law,  and  shall  not,   within  five    years,    complete  one  years,  and  one 
track  of  said  road  as  far  as  Townsend  West  Village,  then  pic2d  wUhin™" 
this  act  shall  be  void.  years. 

Sect.  7.     The  said   company   is   hereby   authorized  to  Company  may 
unite  with  any  rail-road  company  which  is,  or  may  be,  in-  "any  rhLner°ed' 
corporated  in  the  State  of  New  Hampshire,  with  authority  by  New  Hamp- 
to  build  a  rail-road  from  Peterborough  to   the  State  line,  at  shire, &.c. 
the  terminus  of  said  rail-road  hereby  authorized  to  be  con- 
structed.    And  when  the  two  companies  shall  have  so  unit- 
ed, the  stockholders   of  the  one  company  shall  become  the 
stockholders  of  the  other  company,  and  the  two  companies 
shall  constitute  one  corporation,  by  the  name   of  the  Peter- 
borough and  Shirley  Rail-road  Company ;  and  the  fran- 
chise, property  and  power  acquired  under  the  authorities  of 
the  said  States  respectively,  shall  be  held  and  enjoyed  by 
all  the  stockholders,  in  proportion  to  the  number   of  shares 
or  amount  of  property  held  by  them  respectively,  in  either 
or  both  of  said  corporations. 

Sect.  S.     One  or  more  of  the  directors,  or  other  oflicers  One  officer  of 
of  said  united  corporations,  shall  at  all  times  be  an  inhab-  J-on^to  beTn  bl 
itant  of  this  Commonwealth,  on  whom  process  against  said  habitant  of  Mas- 
company  may  be  legally  served,  and  said  company  shall  sa^husetts. 
be  held  to  answer  in  the  jurisdiction   where  the  service  is 
made  and  the  process  is  returnable. 

Sect.  9.     Said  companj'^  shall  keep  separate  accounts  c>f  ^^^7s^[^  u*^' 
their  expenditures  in  Massachusetts  and  New  Hampshire  kept  for  the  two 
respectively :  and  two  commissioners  shall  be  appointed.  States. 

'^i         ,      ■'   '  -  ,     „  1111-  A>  r       Commissioners, 

one  by  the  'jrovernor  oi  each  State,  to  hold  their  oinces  tor  &c.todecideon 
the  term  of  three  years,  and  to  be  reasonably  compensated  portions  of  ex- 
by  said  company,  who  shall  decide  what  portion  of  all  ex-  wthin"the' 
penditures  of  said  company,  and  of  its  receipts  and  profits,  states  respec- 

'^  1  X    •      .      .1      :  1      r  .1  J     1     ■  •       .1       *  lively,  ai.d  to 

properly  pertain  to  that  part  oi  the  road  lying  in  the  two  approve  the 
States  respectively  ;  and  the  annual  report  required  to  be  annual  report, 
made  to  the  Legislature  of  this  Commonwealth,  shall  be 
approved  by  said  commissioners. 

Sect.  10.     Said  company,  and  the  stockholders  therein.  Liabilities  of 
so  far  as  their  road  is  situated  in  Massachusetts,  shall  be  st^oTkhoi^er" in 
subject  to  all  the  duties  and   liabilities  created  by  the  pro-  Massachusetts. 


508 


1845.- 


■Chap.  181—183. 


visions  of  the  laws  of  this  Commonwealth,  to  the  same 
extent  as  they  would  have  been  if  the  union  of  said  com- 
panies had  not  taken  place. 

Sect.  11.  The  provisions  contained  in  the  four  preced- 
ing sections,  and  all  the  provisions  of  this  act,  which  con- 
template a  union  of  said  companies,  shall  not  take  effect 
until  similar  provisions  shall  have  been  authorized  and 
adopted  by  the  authorities  of  the  State  of  New  Hampshire, 
nor  until  said  provisions  shall  have  been  accepted  by  the 
stockholders  of  said  two  corporations  respectively,  at  legal 
meetings  called  for  that  purpose. 

Sect.  12.  This  act  shall  take  effect  from  and  after  its 
passage.     [Appj-oved  by  the   Governor^  March  22,    1845.] 

Chcip\S2>  An  Act  in  addition  to  an  Act  to  incorporate  the  Boston   Hemp  Company. 
BS  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

The  Boston  Hemp  Company  is  hereby  authorized  to  in- 
crease the  number  of  shares  in  the  capital  stock  of  said 
company,  diminishing  the  par  value  of  each  share  in  pro- 
portion to  such  increase,  without  adding  to  the  amount  of 
the  capital  stock  of  said  corporation.  [Approved  by  the 
Governor,  March  22,  1845.] 


Provisions  to  be 
of  force  when 
adopted  by 
New  Hamp- 
shire and  ac- 
cepted by 
stockholders, 
&c. 


When  to  take 
effect. 


Number  of 
shares  to  be  in- 
creased, and 
par  value  to  be 
diminished  in 
proportion,  the 
capital  to  re 
main  unchan- 
ged. 

ChapA^S. 


Persons  incor- 
porated to  man- 
ufacture lead  in 
Roxbury  or 
Dorchester. 


Real  estate  not 
to  exceed 
^50,000,  and 
capital 
^200,000. 

When  to  take 
effect. 


An  Act  to  incorpoi'ate  the  Norfolk  Lead  Company. 

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

Sect.  1.  Edward  Winslow,  Nathan  T.  Dow,  Nathaniel 
Adams,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Norfolk  Lead  Company, 
for  the  purpose  of  manufacturing  lead  in  its  various 
branches  either  in  the  town  of  Roxbury  or  Dorchester,  in 
the  county  of  Norfolk,  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 
aforesaid,  real  estate  to  the  amount  of  fifty  thousand  dol- 
lars, and  the  Avhole  capital  stock  of  said  corporation  shall 
not  exceed  two  hundred  thousand  dollars. 

Sect.  3.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  22,  1845.] 


1845. Chap.  184—185.  509 

An  Act  to  incorporate  the  Globe  Steam  Mills.  Phfin  1  R4< 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
fives,  in  Geiieral  Court  assembled^  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.     Charles  H.  Coffin,  Edward  S.  Lesley,  Albert  Persons  incor- 
Cnrrier,  their  associates  and  successors,  are  hereby  made  a  ufacturVcou^" 
corporation,  by  the  name  of  the  Globe  Steam  Mills,  for  the  in  Newbury- 
purpose  0^  manufacturing  cotton  in  the  to^vn  of  Newbury-  p°'''" 
port,  in  the  county  of  Essex,  with  all  the  powers  and  priv- 
ileges, 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  Real  estate  not 
aforesaid,  real  estate  to  the  amount  of  fifty  thousand  dollars,  ^50^000  and 
and  the  whole  capital  stock  of  said  corporation  shall  not  capital 
exceed  two  hundred  thousand  dollars.     [Approved  by  the  *     '     * 
Governor,  March  22,  184-5.] 

An  Act   to   incorporate   the   Trustees  of  the   Second  Methodist   Episcopal  (^Ji(in\S5, 
Church  in  Chelsea.  " 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follo7vs  : 

Sect.  1.     Henry  Slade.  Albert  H.  Brown,  Lyman  Mitch-  Persons  incor- 
ell,  William  N.  Sawyer,  and  Thomas  Bagnall,  their  associ-  P"""^*^^  • 
ates  and  successors  in  office,  elected  according  to  the  usages 
of  the  Methodist  Episcopal  Church,  are  constituted  a  body 
corporate,  by  the  name  of  the  Trustees  of  the  Second  Meth- 
odist Episcopal  Church  in  Chelsea. 

Sect.  2.     The  said  trustees  may  elect  such  officers  and  May  elect  offi- 
make  such  by-laws  as  they  shall  deem  proper  :  provided,  byXwlf'"^^ 
such  by-laws  be  not  repugnant  to  the  la\vs  of  this  Q ova-  provided,  &lc. 
monwealth. 

Sect.  3.     The  number  of  trustees  shall  at  no  time  exceed  Number  of 
nine,  or  be  less  than  five. 

Sect.  4.     The  said  trustees  are  hereby  vested  with  full  Trustees  may 
power  to  take  and  hold  all  grants  and  donations  of  real  or  ageVropeTt}" 
personal  estate  made  to  the  use  of  said  church,   or  other-  <^'<^- 
wise,  and  to  alien  or  manage  such   real  or  personal  estate, 
according  to  the  terms  and  conditions  of  the  grants  or  dona- 
tions; and,  by  purchase  or  operation  of  law,  to  take,  hold 
and  manage   any  real  or  personal  estate,  in  trust,  for  the 
use  and  benefit  of  said  church,  and  to  sell  and  convey  the 
same,  and  to  prosecute  and  defend  in  any  action   touching 
the  same:  provided,  the  annual  income  of  the  grants,  dona-  Annual  income 
tions  and  purchases  for  the  use  aforesaid,  shall  not  exceed  'i'fooo^^*^*^^'^ 
the  sum  of  two  thousand  dollars. 

Sect,  5.     Henry  Slade,  before  named,  is  authorized  to  ap-  Call  of  first 
point  the  time  and  place   for  holding  the  first  meeting  of  ""feting, 
said  trustees,  and  to  notify  them  thereof. 


610 


1845.- 


-Chap.  185-^186. 


When  to  take 
cfTect. 


ChapUG, 


Persons  incor- 
porated. 


Location  of 
road. 


Capital  not  to 
exceed 
^200,000  in 
shares  of  not 
more  than  ^100. 


Road  to  be  lo- 
cated, &c., 
within  1  year, 
and  completed 
within  3  years. 

Subscription 
books  \o  be 
opened  immedi- 
ately, and  a 
part  of  the  road 
to  be  complet- 
ed and  opened 
as  soon  as  may 
be  after  the 
subscription  of 
250  shares. 


In  case  of  fail- 
ure to  open  the 
same  within  one 
year,  the 


Sect.  6.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  bij  the  Governor,  March2i,  1845.] 

An  Act  to  incorporate  the  Lexington  and  West  Cambridge  Rail-road  Com- 
pany. 

jBjE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  Benjamin  Muzzy,  Samuel  Chandler,  Larkin 
Turner,  Jonas  Munroe,  William  Chandler  and  Billings 
Smith,  their  associates,  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Lexington  and  West  Cam- 
bridge Rail-road  Company,  with  all  the  powers  and  privi- 
leges, and  subject  to  all  the  duties,  liabilities  and  restric- 
tions, set  forth  in  the  forty-fourth  chapter  of  the  Revised 
vStatutes,  and  in  that  part  of  the  thirty-ninth  chapter  of  said 
Statutes,  and  all  general  statutes  subsequently  passed,  that 
relate  to  rail-road  corporations. 

Sect.  2.  The  said  company  are  hereby  authorized  and 
empowered,  to  construct  and  complete  a  rail-road,  beginning 
in  Lexington  near  the  Monument,  thence  running  upon  the 
north  side  of  the  great  road  leading  from  Lexington  to 
West  Cambridge,  at  a  convenient  distance  from,  and  nearly 
parallel  with  the  same,  through  the  Kast  Village  in  Lex- 
ington, thence  through  the  middle  of  West  Cambridge,  to 
a  convenient  point  of  intersection  with  the  rail-road  of  the 
Charlestown  Branch  Rail-road  Company  in  Cambridge. 

Sect.  3.  '^I'he  capital  stock  of  said  company  shall  not 
exceed  two  thousand  shares,  the  number  of  which  shall  be 
determined,  from  time  to  time,  by  the  directors  thereof,  and 
no  assessments  shall  be  laid  thereon  of  a  greater  amount  in 
the  whole  than  one  hundred  dollars  on  each  share. 

Sect.  4.  If  the  said  company  be  not  organized  and  the 
location  of  their  said  road  filed  according  to  law  within 
one  year  from  tiie  passing  of  this  act ;  and  if  the  said  road 
be  not  completed  within  three  years  from  said  lime,  then 
this  act  shall  be  void.  And  the  said  corporation  are  hereby 
required  to  open  forthwith  subscription  books  to  the  capital 
stock  of  said  company,  and  as  soon  as  two  hundred  and 
fifty  shares  thereof  shall  be  subscribed,  to  proceed  without 
delay  to  construct,  and  open  for  use  that  part  of  said  road 
lying  between  the  Charlestown  Branch  Rail-road,  and  the 
centre  of  the  village  of  West  Cambridge,  and,  if  this  part 
of  said  road  be  not  completed  and  opened  for  use  as  far  as 
said  village  of  West  Cambridge,  within  one  year  from  the 
passing  of  this  act,  then  the  Charlestown  Branch  Rail-road 
Company  may,  and  are  hereby  authorized  to  construct  said 
road  from  their  road,  to  the  village  of  West  Cambridge, 
over  the  line  provided  in  this  act,  and,  for  that  purpose,  and 
to  that  extent,  shall  have  and  exercise  all  the  rights,  privi- 


1845. Chap.  186.  511 

leges  and  powers,  and  be  subject  to  all  the  duties,  restric-  Bj^g^J.^^^^. 
tions  and  liabilities  of  the  said  Lexington  and  West  Cam-  road  Company 
bridge  Rail-road  Company,  and  for  this  purpose,  the  said  ^ay  construct, 
Charlestown    Branch   Rail-road   Company    may    increase 
their  capital  slock,  twenty-five  thousand  dollars  :  'provided.  Provided,  &.c. 
however,  that  said  Charlestown  Branch  Rail-road  Company 
shall  only  be  required  to  file  the  location,  and   finally  com- 
plete said  road  to  ihe  village  of  West  Cambridge,    within 
one  year  after  the  expiration  of  the  time  herein  allowed  to 
said  Lexington  and  West  Cambridge  Rail-road  Company, 
to  build  the  same. 

Sect.  5.     The  Legislature  may  authorize  any  company  The  Legisia- 
to  enter  with  another  rail-road,  at  any  point   of  the  said  Ei^e^^ther 
Lexington  and  West  Cambridge  road,  and  use  the  same,  or  companies  to 
any  part  thereof,  paying  therefor  such  a  rate  of  toll  or  com-  ^J'JgP"^^ 
pensation  as  the   Legislature  may,  from  time  to  time,  pre-  road -,  promded, 
scribe,  or  that  may   be  fixed  under  the   provisions  of  any  '^*=- 
general  law  of  this  Commonwealth,  complying  with  such 
rules  and  regulations  as  may  be  established  by  said  liCx- 
ington  and  VYest  Cambridge  Rail-road  Company  :  provided, 
however,  that  no  other  corporation  shall  enter  upon  said  last 
mentioned  road,  with   any  motive  power,   unless  the  said 
Lexington  and  West  Cambridge  Rail-road  Company  shall 
refuse  to  draw  over  their  road,  or  any  part  thereof,  the  cars 
of  any  other  rail-road  corporation,  which  may  be  author- 
ized to  enter  with  their  rail-road  upon  the  said  Lexington 
and  West  Cambridge  Rail-road. 

Sect.  6.     The  Legislature  may,  after  the  expiration  of  The  Legislature 
five  years  from  the  time  when  the  whole  of  the  said  rail-  S and"profits 
road  shall  be  opened  for  use,  from  time  to  time,  reduce  the  after  5  years, 
rate  of  toll   or  other  profits  upon  said  rail-road;  but  the  ^'''""  ^''' '^''• 
tolls  shall  not,  without  the  consent  of  said  company,  be  so 
reduced  as  to  produce,  with  said  profits,  less  than  ten  per 
cent,  per  annum. 

Sect.  7.     The  said  company  are  hereby  authorized  and  Kights,  &c. 

,  /.  1      •  •    1  ■      V  J     r  may  be  trans- 

empowered  to  transfer  their  rights,    privileges,   and  Iran-  ferred  to  the 
chise,  under  this  charter,  to  the  Charlestown  Branch  Rail-  gf^^J,^"'^^?! 
road   Company,    and    the  Charlestown   Branch  Rail-road  roaTcom^pany, 
Company   are  hereby  authorized  to  receive  and  hold  the  &c. 
same,  whenever  a  majority  in  interest  of  the   stockholders 
of  the  two  corporations  respectively  shall  elect  so   to  do ; 
and  in  such  case,  the  amount  of  capital   stock  which    the  which  may 
Charlestown  Branch  Rail-road  Company   may  hold,  may  J^i^cn^Jljcrease  its 
be  increased  to  the  amount  of  two  hundred  thousand  dol-  poo,ooo. 
lars. 

Sect.  8.     This  act  shall  take  effect  from  and   after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  24,   1845.]       ^'^^*^'- 


512 


1845.- 


■Chap.  187—189. 


Chap  187. 


The  Governor, 
with  advice, 
&c.,  may  pre- 
scribe the  du- 
ties and  com- 
pensation of 
branch  pilots, 
&c. 


When  to  take 
effect. 


An  Act  concerning  Pilots  and  Pilotage. 

BJE  it  enacted  by  the  Senate  and  Honse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows  : 

Sect.  1.  The  Governor,  with  the  advice  and  consent  of 
the  Council,  maj/-,  from  time  to  time,  prescribe  the  duties 
and  fix  the  compensation  of  all  branch  pilots  who  have 
been  or  may  hereafter  be  appointed  by  the  Governor  for  the 
several  harbors  and  coasts  of  this  State  ;  and  all  such  pi- 
lots shall,  upon  notice  thereof,  conform  to  such  rules  and 
regulations  as   shall,  by  virtue  of  this  act,   be   established. 

Sect.  2.  This  act  shall  take  effect  from  and  after  its  pas- 
sage.    [Approved  by  the  Governor,  March  24,  1845.] 


Chap\8^. 


An  Act  in  relation  to  the  Costs  of  Trustees. 
BE  it  enacted  by  the  Senate  and  HoKse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
fo^su'of  Trus-         Whenever,  in  any  action,  the  goods,  effects  and  credits 
tees  payable  by  in  the  hauds  of  any  person  who  shall  hereafter  be  adjudged 
piamuffs,  &.C.     ^  trustee,  shall  not  be  of  sufficient  value  to  discharge  the 
costs  taxed  in  favor  of  such  trustee,  the  trustee  shall  have 
judgment  and  execution  against  the  plaintiff  in  such  action, 
for  the  balance  of  such  costs  so  taxed,  deducting  the  sum 
disclosed,  in  the  same  manner  as  if  such  trustee  had  been 
discharged   by  the  judgment  of  the  court  in   such  action. 
[Approved  by  the  Governor,  March  24,  1845.] 


Chap\8d, 


Persons  incor- 
porated. 


Annual  income 
i'rom  estate, 
<fec.  not  to 
exceed 
5f2,000,  to  be 
applied  to  the 
support  of  pub- 
lic worship. 

Assessments  to 
be  made  upon 
pews,  accord- 
ing to  a  valua- 
tion, &c. 


An  Act  to  incorporate  the  Harrison  Avenue  Congregational  Society  in  Bos- 
ton. 

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

Sect.  1.  Henry  H.  Fuller,  Manlius  S.  Clarke,  Charles 
H.  Warren,  their  associates  and  successors,  are  hereby 
made  a  corporation,  by  the  name  of  "  the  Harrison  Avenue 
Congregational  Society  in  the  city  of  Boston,"  with  all  the 
powers  and  privileges,  and  subject  to  all  the  duties  and  lia- 
bilities, set  forth  in  the  twentieth  and  forty-fourth  chapters 
of  the  Revised  Statutes,  so  far  as  the  same  are  applicable 
to  this  corporation. 

Sect.  2.  Said  corporation  may  hold,  exclusive  of  such 
meeting-house  as  they  may  hereafter  erect,  and  the  land 
whereon  the  same  may  stand,  real  and  personal  estate,  the 
annual  income  of  which  shall  not  exceed  two  thousand 
dollars,  which  shall  be  applied  exclusively  to  the  support 
of  public  worship. 

Sect.  3.  Said  corporation  shall  have  power  to  assess 
upon  the  pews  in  their  meeting-house,  according  to  a  valu- 
ation thereof,  to  be  first  made  and  recorded  by  the  clerk  of 


1845. Chap.  189—191.  513 

said  corporation,  such  sums  as  may  be,  from  time  to  time, 
voted  by  said  society  to  be  raised  for  the  support  of  pubhc 
worship  in  said  mMetiti;2;-ho'jse,  and  for  all  other  parociiial 
purposes.  i\ndallsu  ii  assessments  may  be  collected  in  Collection  of 
the  manner  provided  in  the  thirty-second,  thirty-third  and  assessments, 
thirty-fourth  sections  of  the  twentieth  chapter  of  the  Re- 
vised Statutes. 

Sect.  4.  Every  person  who  shall  have  subscribed  and  Qualifications 
paid  money  for  the  purchase  of  land  and  the  erection  of  the 
meeting-house  to  be  owned  by  said  corporation,  shall  be  a 
member  of  said  corporation,  and  shall  be  entitled  to  vote  at 
all  meetings  thereof,  in  such  manner  as  said  corporation,  by 
their  by-laws,  shall  provide,  until  such  subscriber  shall 
have  been  repaid  the  amount  by  him  so  paid,  according  to 
the  original  condition  of  his  subscription  ;  and  after  the 
pews  in  said  meeting-house,  or  any  part  thereof,  shall  have 
been  sold,  every  proprietor  of  a  pew  shall  be  entitled  to  one 
vote  as  a  member  of  said  corporation. 

Sect.  5.     This  act  shall  take  eifect  from   and  after  its  When  to  take 
passage.     [Approved   by   the    Governor,  March  24,  1845.] 

Aq  Act  relating  to  Returns  of  Clerks  of  Manufacturing  Corporations.         C/tQP  190. 

BE  it  enacted  by  the  Setiate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  Every  clerk  of  any  manufacturing  corporation,  in  clerks  must 
the  return  required  to  be  made  by  him,  by  virtue  of  the  first  amo^unt  of  cap- 
section  of  the  ninety-eighth  chapter  of  the  statutes  passed  itai  stock,  and 
in  the  year  one  thousand  eight  hundred  and  forty-three,  en-  reai^eTa'te  and 
titled  "An  Act  for  the  more  equal  Assessment  of  Taxes,"  machinery,  as- 
shall  state  the  whole  amount  of  the  capital  stock  of  such  j^^    ^^  *  ^ 
corporation,  and  the   amount  of  real  estate  and  machinery 
which  was  assessed  to  the  said  corporation  in  the  last  as- 
sessment of  the  city  or  town  where  such  corporation  is  sit- 
uated.    [Approved  by  the  Governor,  March  24,  1845.] 

An  Act  to  regulate  the  Use  of  Rail-roads.  Chctt)  191. 

BE  it  ejiacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.     No  locomotive  engine  or  other  motive  power  Engines,  <kc. 
shall  be  allowed  to  run  upon  any  rail-road  constructed  by  ^a^s'^onivY*'^' 
authority  of  this  Commonwealth,  except  such  as  belong  to,  consent  of  com- 
and  are  controlled  by,  the  corporation  owning  and  managing  [hT^oad""*^ 
such  road,  unless  by  the  consent  of  such  corporation. 

Sect.  2.     Every  rail-road  corporation,  which  maybe  the  Corporations 
owner  of  any  rail-road  in  use,  is  hereby  required,  at  rea-  ^Dgers'^,*&c^^*' 
sonable  times,  and  for  a  reasonable  compensation,  to  draw  for  other  corpo- 
over  their  road  the  passengers,  merchandise,  and  cars  of  ^p^^^ed  &,c 
66 


514 


1845.- 


-Chap.  191—192. 


Commissioners 
appointed  by 
the  Supreme 
Court,  &c.  to 
fix  the  rate  of 
compensation  j 
provided^  &c. 


And  to  deter- 
mine the  times 
for  drawing' 
said  passengers, 
&c. 


Compensation 
of  commission- 


When  to  take 
effect. 


Chap  \92. 


Officers  of  the 
coast  survey 
may  enter  upon 
lands,  erect 
stations,  &c. 


County  com- 
missioners to 
assess  damages 
on  the  petition 
of  either  party. 


Commissioners 


any  other  rail-road  corj^oralion,  which  has  been,  or  may 
hereafter  be  authorized  by  the  Legislature  to  enter  with 
their  rail-road  upon,  or  to  unite  the  same  with,  the  road  of 
such  corporation,  and  use  such  last  named  road.  And  if 
the  respective  corporations,  whose  roads  are  so  united,  shall 
be  unable  to  agree  upon  the  compensation  so  as  aforesaid 
to  be  paid,  the  Supreme  Judicial  Court,  upon  the  petition 
of  either  party,  and  upon  notice  to  the  other  party,  shall 
appoint  three  commissioners,  who  shall,  upon  due  notice  to 
the  parties  interested,  proceed  to  determine  and  fix  such 
rate  of  compensation.  And  the  award  of  said  commission- 
ers, or  a  major  part  of  them,  shall  be  binding  upon  the  re- 
spective corporations  interested  therein,  until  the  same  shall 
have  been  revised  or  altered  by  commissioners  so  appointed 
as  aforesaid  ;  but  no  such  revision  or  alteration  shall  be 
made  by  such  commissioners  within  one  year  after  such 
decision  and  award  shall  have  been  made. 

Sect.  3.  The  said  commissioners  shall,  upon  the  appli- 
cation of  either  party,  if  the  respective  corporations  cannot 
agree  upon  the  same,  also  determine  the  stated  periods  at 
which  said  cars  are  to  be  drawn  as  aforesaid,  having  refer- 
ence to  the  convenience  and  interest  of  said  corporations 
and  of  the  public,  who  will  be  accommodated  thereby. 

Sect.  4.  The  compensation  of  said  commissioners,  for 
their  services  and  expenses,  shall  be  paid  by  the  respective 
corporations  interested  therein  in  equal  proportions. 

Sect.  5.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,   March  25,  1845.] 

An  Act  relating  to  the  Survey  of  the  Coast  of  Massachusetts. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows : 

Sect.  1.  Any  person  employed  under  and  by  virtue  of 
an  act  of  the  Congress  of  the  United  Stales,  passed  the  tenth 
day  of  February,  in  the  year  eighteen  hundred  and  seven, 
and  the  supplement  thereto,  may  enter  upon  lands  within 
this  State,  for  the  purpose  of  exploring,  surveying,  triangu- 
lating, levelling,  or  doing  any  other  act  which  may  be  ne- 
cessary to  effect  the  objects  of  said  act.  and  may  erect  any 
works,  stations,  buildings  or  appendages,  requisite  for  that 
purpose,  doing  no  .unnecessary  injury  thereby. 

Sect.  2.  If  the  parties  interested  cannot  agree  upon  the 
amount  to  be  paid  for  the  damages  caused  by  doing  any  of 
the  acts  aforesaid,  either  of  them  may  petition  the  commis- 
sioners of  the  county  in  which  the  land  entered  upon  is  sit- 
uated, to  hear  the  parties  and  assess  any  damages  which, 
in  the  opinion  of  the  commissioners,  has  accrued  to  the 
owner  or  possessor  of  the  land  so  entered  upon. 

Sect.  3.     The  commissioners,  as  soon   as  may  be.  shall 


1845. Chap.  192—193.  515 

hear  the  parties  either  with  or  without  a  view  of  the  pre-  to  give  an  early 
mises,  as  the  commissioners  shall  determine,  and  before  any  ciue"noti^e^'^ 
hearing  shall  be  had,  shall  order  notice  to  be  given  to  all 
persons  interested,  at  least  fourteen  days  before  the  time  of 
hearing. 

Sect.   4.     The  commissioners  shall  file  in   the  office  of  Appeal  from 
the  clerk  of  the  court  of  common   pleas  for  said  county,  a  mTs^sLners't"' 
report  of  their  doings,  which  report  shall  be  conclusive  upon  the  court  of 
the  parties,  unless  one  of  them  shall  file,  within  thirty  days  co"'""'!' pleas, 
after  the  term  of  said  court,  which  shall  be  held  next  after 
said  report  shall  be  filed,  a  petition  to  the  said  court,  that  a 
trial  be  had  in  the  case  in  said  court ;   and  after  notice  to 
tiiC  opposite  party,  a  trial   shall  be  had  in  said  court,  in  the 
same  manner  in  which  other  civil  cases  are  there  tried. 

Sect.  5.     The  person  so  entering  upon  land  as  aforesaid,  Costs,  after  re- 
may  tender  to  the  party  injured,  sufficient  amends  therefor,  ckr%°a)^b!e 
and  if  the  damages  finally  assessed  shall  not  exceed  the  by  losing  party, 
amount  so  tendered,  the   person  so  entering  shall  recover  ^'^"'^^  ^  ' 
his  costs;  and,  in  all  other  cases,  the  prevailing  parly  shall 
recover  his  costs. 

Sect.  6.     In  the  taxation  and  allowance  of  costs  in  the  costs  in  ap- 
court  of  common  pleas,  upon  a  trial  of  the  case,  the  pro-  peais  from 
ceedings  of  the  said  court  shall  hold  the  same  relation  to  to'brtaxed^as' 
the  report  of  the  commissioners,  as  proceedings  of  the  same  jn  appsnis  from 
court  hold  to  judgments  of  justices  of  the  peace,  in  cases  ofJ"^*"'^^' 
appeal  from  said  judgments,  and  the  costs  shall  be  taxed 
accordingly. 

Sect.  7.  If  any  person  shall  wilfully  injure,  deface  or  Penalty  of  ^50, 
remove  any  signal,  monument,  building,  or  any  appendage  ^gnats"^  ^c!"°^ 
thereto  erected,  used  or  constructed  under  and  by  virtue  of 
the  act  of  Congress  aforesaid,  he  shall  forfeit  the  sum  of  fifty 
dollars  for  each  offence,  to  be  recovered  by  indictment,  to 
the  use  of  the  person  prosecuting;  and  shall  also  be  liable 
for  all  damages  sustained  by  the  United  States  of  America, 
to  be  recovered  in  an  action  on  the  case,  in  any  court  oif 
competent  jurisdiction. 

Sect.  S.     This  act   shall    take  effect  from  and  after  its  When  to  take 
passage.     ^Approved  by  the  Governor^  March  25,  1845.]         ®^^*'*- 

An  Act  concerning  Principals,  Factors  and  Agents.  ChciV  193. 

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

Sect.  1.    Every  person,  in  whose  name  any  merchandise  Consignee  of 
shall  be  shipped  for  sale,  shall  be  deemed  to  be  the  true  owner  ThSriiir '° 
thereof,  so  far  as  to  entitle  the  consignee  of  such  merchan-  thereon,  to  se- 
dise  to  a  lien  thereon  for  any  money  advanced,  or  securities  f"''t!:'i!.t"^![ 

II-  1  r    r-  r  t  snipper,  ott. 

given  to  the  shipper  thereof,  lor,  or  on  account  of  such  con-  provided,  &c. 
signment :  provided,  that  the  lien  aforesaid  shall  not  exist 
when  such  consignee  shall  have  notice,  by  the  bill  of  lading 


616 


1846.- 


-Chap.  193—195. 


Factor,  &c.,  to 
be  deemed  the 
true  owner  of 
merchandise 
for  the  purpose 
of  sale  thereof; 
provided,  &c. 


Chap  194. 


Persons  incor- 
porated to 
afford  mutual 
relief. 


Estate  not  to 
exceed  ^25,000. 


or  Otherwise,  at  or  before  the  time  of  the  advancing  of  mon- 
ey, as  aforesaid,  or  giving  such  securities,  that  such  person 
is  not  the  actual  and  bo?ia  fide  owner  thereof,  and  provided 
also,  that  the  merchandise  so  shipped  was  in  hiwfui  posses- 
sion of  the  shipper  at  the  time  of  shipment. 

Sect.  2.  Kvery  factor  or  other  agent,  entrusted  with  the 
possession  of  any  merchandise  for  the  purpose  of  sale,  or 
any  bill  of  lading  consigning  the  same  to  such  factor  or 
agent  for  that  purpose,  shall  be  deemed  to  be  the  true  owner 
thereof,  so  far  as  to  give  validity  to  any  bona  fide  contract 
made  by  such  factor  or  agent  with  any  other  person,  for  the 
sale  of  the  whole  or  any  part  of  such  merchandise.  [Ap- 
proved by  the  Govertior^  March  25,  1845. J 

An  Act  to  incorporate  the  Proprietors  of  Howard  Hall  in  Lowell. 

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

Sect.  1.  Ithamar  W.  Beard,  Hargreaves  Lord,  Levi  B. 
Stevens,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Proprietors  of  Howard 
Hall  in  Lowell,  for  the  purpose  of  afFordiiig  mutual  chari- 
table relief,  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  per- 
sonal estate,  for  the  purposes  aforesaid,  to  an  amount  not 
exceeding  twenty-five  thousand  dollars.  [Approved  by  the 
Governor^  March  25,  1845.] 


Chap\26. 


Place  of  en- 
trance. 


Rate  of  com- 
pensation for 
use  of  road,  &c, 


When  to  take 
efTect. 


An  Act  to  authorize  the  Western  Rail-road  Corporation  to  enter  upon  and 
use  the  Boston  and  Worcester  Rail-road. 

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

Sect.  1.  The  Western  Rail- road  Corporation  is  hereby 
authorized  to  enter,  with  their  rail-road,  by  proper  turn-outs 
and  switches,  upon  the  Boston  and  Worcester  Rail-road,  at 
or  near  the  place  of  the  present  junction  of  said  road,  in 
the  town  of  Worcester  :  and  may  use  said  Boston  and  Wor- 
cester Rail-road,  or  any  part  thereof,  paying  therefor  such 
rate  of  toll  or  compensation  as  the  Legislature  may,  from 
time  to  time,  prescribe,  or  that  may  be  fixed  under  any 
general  law  of  this  Commonwealth,  and  complying  with 
such  reasonable  rules  and  regulations  as  may  be  established 
by  said  Boston  and  Worcester  Rail-road  Corporation. 

Sect.  2.  This  act  shall  take  eff"ect  from  and  after  its 
passage.     [Approved  by  the  Goverrior,  March  25,  1845.] 


1845. Chap.  196—197.  517 

An  Act  to  authorize  Charles  B.  Sawyer  and  Stephen  M.  Allen  to  erect  a   (7Afll7l96. 
Dam  across  Baj'ley's  Creek.  ^ 

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

Sect.  1.     Charles  B.  Sawyer  and  Stephen  M.  Allen,  of  Location  of 
Boston,  owners  of  water  power  and  tide  mills,  called  Gulf  co^^seu '" 
Mills,  on  Gulf  stream  or  Gulf  river,  so  called,  in  the  town 
of  Cohasset,  their  heirs  and  assigns,  are  hereby  authorized 
and  empowered  to  build  a  dam,  with  proper  gates,  outlets 
and  sluice-ways,  from  a  point  on   the  neck  of  land  called 
Gulf  Island,  on    the  westerly  side  of   Bayley's  creek,   so 
called,   near  Cohasset  harbor,  thence  running  easterly  or 
northeastly  across  said   Bayley's  creek,  to  the  easterly  side 
thereof,  so  as  effectually  to  exclude  the  tide-water  from  said 
Bayley's  creek,  and  form  a  receiving  or  empty  basin  of  the 
space  within  said  dam  and  the  banks  of  said  creek,  to  re- 
ceive the  water  from  said  Gulf  stream,  their   present  full 
basin  :  provided,  said  dam  shall  be  built  of  sufficient  width  Dimensions  of 
at  the  top,  and  the  different  parts  thereof  connected  together  ^^""'^"^^s- 
by  bridges,  so  as  to  render  the  same  a  free  passage-way  for 
public  use,  suitable  for  the  passing  of  carriages  and  teams 
singly;  and  are  also  authorized  and  empowered  to  make  Embankments 
embankments  between  said  receiving  basin  and  said  harbor,  and  raceways. 
or  any  other  source  from  which  tide  water  flows  into  said 
receiving  basin,  so   as  to  prevent  the  tide  water,  at  any 
time,  flowing  into  said  receiving  basin,  and  also  to  make 
any  number  of  convenient  raceways  from  said  Gulf  stream, 
or  full  basin,  across  said  Gulf  Island,  to  said  receiving  ba- 
sin, and  maintain  said  dam  and  other  works,  forever. 

Sect.  2.     Said  Sawyer  and  Allen,  their  heirs  and  assigns,  Damages  to  be 
shall  pay  all  damages  that  may  arise  to  the  owners  of  any  dama^erfor^'''^ 
land  in  consequence  of  the  making  of  said  dam,  embank-  flowage. 
ments  and  raceways,  and  for  any  other  damage  done  under 
this  act :   the  said  damages  to  be  ascertained  and  settled  in 
the  same  manner  as  damages  for  flowage  are  by  law  ascer- 
tained and  settled. 

Sect.  3.     The  authority  given  in   this  act  to  build  said  Dam  must  be 
dam,  shall  not  extend  beyond  two  years  from  the  time  of  years!*^''  '"  ~ 
its   enactment.      [Approved  by   the    Governor,    March  25, 
1845.] 

An  Act  regulating  the  Use  of  Steam  Engines  and  Furnaces.  ChcLTt  197 

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

Sect.  I.     No  furnace  for  melting  of  iron,  or  stationary  iron  furnaces, 
steam  engine,  designed  for  use  in  any  mill  for  the  planing  s'eam  engines, 

."-',",  ft-  A^  °  <^c.  may  not  be 

or  sawmg  01   boards,  or  turnmg  of  wood  m  any  form,  or  erected,  except 
when  any  other  fuel  than  coal  is  used  to  create  steam,  shall  ^y  license 


518  1843. Chap.  197. 

granted  by        hereafter  be  erected,  or  put  up  to  be  used,  in  any  cit}''  or 
thori'tie^%n"ap-  town  in  tliis  Commonwealth,  unless  the  mayor  and  alder- 
piicaiion,  Md     lyjeu  of  such  city,  or  selectmen  of  such  town,  shall   have 
recor  e  ,    c.     pj-gyjously  granted  license  therefor,  designating  the  place 
where  the  building  or  buildings  shall  be  erected,  in  which 
such  steam  engine  or  furnace  shall   be  used,  the  materials 
and  construction  thereof,  and  such  other  provisions   and 
limitations,  as  to  the  height  of  flues,  and  protection  against 
Are,   as  they  shall  judge  necessary  for  the  safety  of  the 
neighborhood ;  such  license  to  be  granted  on  written  appli- 
cation, and  to  be  recorded  in   the  records  of  such  city  or 
town. 
Municipal  offi-        Sect,  2.     Whenever  the  mayor  and  aldermen  of  any  city, 
cersmayregu-  or  the  Selectmen  of  any  town,  after  due  notice  in  writing  to 

late  furnaces,  ,  „  /  '  .  ^  ,9 

steam  engines,  the  owucr  01  any  such  Steam  engine  or  lurnace  heretoiore 
&c.,  by  an  or-    erected,  or  in  use,  and  a  hearing  of  the  matter,  shall  adjudge 

der  to  be  served  ^,  ^      u       j  •  *       *u  •    l  i 

upon  the  owner  the  Same  to  be  dangerous,  or  a  nuisance  to  the  neighbor- 
by  a  constable,  hood,  they  may  make  and  record  an  order,  prescribing  such 
^'^'  rules,  restrictions  and  alterations,  as  to  the  building  in  which 

such  steam  engine  or  furnace  is  constructed  or  used,  the 
construction  and  height  of  its  smoke  flues,  or  other  provis- 
ions, as  they  shall  deem  the  safety  of  the  neighborhood  to 
require;  and  it  shall  be  the  duty  of  the  city  or  town  clerk 
to  deliver  a  copy  of  such  order  to  a  constable,  who  shall 
serve  such  owner  with  an  attested  copy  thereof,  and  make 
return  of  his  doings  thereon  to  said  clerk,  within  three  days 
from  the  delivery  thereof  to  him. 
Engine,  &c.  Sect.  3.     Any  such  engine  or  furnace  hereafter  erected 

erected  without  -\vhhout  liceuse,  made  and  recorded  as  aforesaid  in  section 

license,  <Slc.,  or  i      .i  i        i  i  i         ,  i 

used  contrary  to  ufst,  shall  be  deemed  and  taken  to  be  a  common  nuisance, 
order,  to  be  without  auv  Other  proof  thereof  than  proof  of  its  use;  and 
sance.  any  steam  engine  or  furnace  used  contrary  to  the  provis- 

ions of  section  second  of  this  act,  shall  be  taken  and  deemed 
to  be  a  common  nuisance. 
Power  of  muni-      Sect.  4.     The  mayor  and  aldermen  of  any  city,  or  select- 
rdation  thXeto.  ^^^n  of  any  town,  shall  have  the  same  power  and  authority 
to  abate  and  remove  any  snch  steam  engine  or  furnace 
erected  or  used  contrary  to  the  provisions  of  this  act,  as  are 
given  to  the  board  of  health,  in  the  tenth  and  eleventh  sec- 
tions of  the  twenty-flrst  chapter  of  the  Revised  Statutes. 
Public  notice  to      Sect.  5.     Whenever  application  shall  be  made  for  license 
applications  for  ^s  aforcsaid,  the  mayor  and  aldermen  of  any  city,  or  select- 
license,  &c.       men  of  any  town,  shall  assign  a  time  and  place  for  the  con- 
sideration of  the  same,  and  shall  cause  public  notice  thereof 
to  bo  given   at   least   fourteen  days  beforehand,    in   such 
manner   as  said  mayor    and  aldermen  or  selectmen  may 
direct,  and  at  the  expense  of  the  applicant,  in  order  that 
all  persons  interested  may  be  heard  before  the  granting  of 
a  license. 


1845. Chap.   197—198.  519 

Sect.  6.     Any  owner  of  a  steam  engine  or  furnace,  ag-  Appeal  of  own- 
grieved  by  any  such  order,  as  provided,  in  section  second  by  ofclr1)Tmu- 
of  this  act,  may  apply  to  tlie  court  of  common  pleas,  if  sit-  nicipai  officeis, 
ting  in  the  county,  in  which  such" engine  or  fnviiace  is  situ-  fngsXreup'on. 
ated,  or  to  any  justice  thereof  in  vacation,  for  a  jury,  and 
such  court  or  justice  shall  issue  a  warrant  for  a  jury  to  be 
impannelled  by  the  sherhi,  in  the  same  manner  as  is  pro- 
vided in  the  twenty-fourth  chapter  of  the  Revised  Statutes, 
in  regard  to  the  laying  out  of  iiighways ;  such  application 
shall  be  made  within  three  days  after  such  order  is  served 
upon   the  said  owner;   and  the  said  jury  shall  be  impan- 
nelled within  fourteen  days  from  the  issuing  of  said  war- 
rant. 

Sect.  7.     Upon  any  application  to  said  court  of  common  Court  or  justice 
pleas,  or  to  any  justice  thereof,  for  a  jury,  said  court  or  jus-  Ihe^us^oTe'n- 
tice,  on  granting  the  same,  may,  in  its  or  his  discretion,  issue  gine  while  ap- 
an  injunction  restraining  the  further  use  of  said  engine  or  peal  is  pending, 
furnace,  until   the  final  determination  of  such  application 
by  the  jury  and  court  to  which  such  verdict  may  be  re- 
turned. 

Sect.  8.     The  jury  shall   find  a  verdict  either  affirming  Verdict  of  jury 
or  annulling  the  said  order  in   full,  or  making   alterations  |||,^-^or ^^^^  thJ 
therein,  as  they  may  see  fit;  which  verdict  shall  be  returned  order, 
to  the  next  term  of  the  said  court  by  the  sheriff"  for  accept-  Acceptance  of 
ance,  in  like  manner  as  in  the  case  of  highways,  and,  which  verdict, 
verdict  being  accepted,  shall   be  binding  to  the  same  eflect 
as  the  original  order  would  have  been  without  such  ap- 
peal. 

Sect.  9.     If  the  verdict  shall  affirm  such  order,   costs  Recovery  of 
shall  be  recovered  by  the  city  or  town  against  such  appli-  '^°*'^' 
cant;  if  the  verdict  shall  annul   such  order  in  whole,  dam- 
ages and  costs  shall  be  recovered  by  the  complainant  against 
such  city  or  town;  and  in  case  the  verdict  shall  alter  such  , 

order  in  part,  the  court  may  render  such  judgment  as  to 
costs,  as  to  justice  shall  appertain. 

Sect.  10.     This  act  shall  not  be  in  force  in  any  town  or  Act  not  to  be  m 

1  1        ■    ,      1  •  r      ,  1  •  1    '°''<^e  till  ac- 

city,  unless  the  inhabitants  of  the  town  or  the  city  council  cepted  by  in- 
of  the  city,  shall  adopt  the  same  at  a  legal  meeting  of  said  'labitantsof 
inhabitants  or  city  council  called  for  that  purpose.  councirofciifes. 

Sect.  11.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  25,  1845.]         ^'^'^'■'• 

An  Act  amending  the  Tax  Act  of  One  Thousand  Eight  Hundred  and  Forty-   r^hfJl)  198 

BJS  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  act  passed  March  sixteenth,  in  the  year 
one  thousand  eight  hundred  and  forty-four,  entitled  "An 
Act  to  apportion  and  assess  a  Tax  of  seventy-five  thousand 


520  1845. Chap.  198—200. 

dollars,"  is  hereby  amended,  so  that  the  tax  for  the  town 
Tax  of  Oakham  of  Oakham,  shall  .be  seventy-five  dollars  and  seventy-five 

^°wilL\d''  ^^"^^5  ^^^^  *^^'^  ^°^'  ^*^^  ^°^"  °^  Westfield  shall  he  two  han- 

^245^25;^  '  dred  and  fort^^-five  dollars  and  twenty-five  cents ;  the  tax 

ofDorchester,  for  the  town  of  Dorchcster  shall  be  four  hundred  and  twen- 

^426  75;  ty-six  dollars  and  seventy-five  cents;  the  tax  for  the  town 

an<iof^eed-  of  Necdliam  shall  be  one  hundred  and   two  dollars;  any 

lam,  ^     .  thing  in  sai(j  act  to  the  contrary  notwithstanding. 
When  to  take         Sect.  2.     This  act  shall   take  effect  from  and  after  its 
passage.     [Approved  by  the  Gover?ior,  March  25,  1845.] 

Chap  1  99.  -^^  -^^"^  to  encourage  the  Culture  of  Silk. 

BE  it  enacted  by  the  Senate  and.  Hovse  of  Reprcsenia- 
tives.  in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  follows  : 
Bounty  of  !•         Sect.  1.     Thcrc  shall  be  allowed  and  paid  out  of  the 
fen'pounds^^^"^"^  treasury  of  the  Commonwealth,  for  every  ten  pounds  weight 
weight  of  CO-      of  cocoons  of  silk,  the  produce  of  silk  worms  raised  within 
coons,  &c.        ^]^^  Commonwealth,  the  sum  of  one  dollar,  and  in  the  same 
proportion  for  any  larger  quantity  of  cocoons,  to  be  paid  to 
the  owner  of  .such  worms,  or  his  legal  representative. 
Provided,&^c.        Sect.  2.     This  act  shall  be  subject  to  all  the  requisitions 
and  penalties  provided  in  an  act  for  the  encouragement  of 
the  culture  of  silk,  passed  April  eleventh,  in  the  year  one 
thousand  eight  hundred  and  thirty-six,  with  the  exception 
of  the  fifth  and  sixth  sections  of  said  act. 
When  to  take         Sect.  3.     This  act  shall  take  effect  in  sixty  days  from  the 
time  of  passing  the  same,  and  continue  in  force  during  the 
To  continue  in    term  of  three  years  from  the  time  of  its  going  into  operation, 
force  3  years.     ^Approved  by  the  Governor,  March  25,  1845.] 

Chav  200  -^^  '^^'^  givii^o  further  time  to  the  Essex  Bank  to  close  its  concerns. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 
Incorporation  The  President.  Directors,  and  Company  of  the  Essex 
i)ec.T  m?.  Bank,  in  the  town  of  Andover,  are  hereby  continued  a  body 
corporate  for  the  period  of  two  years  from  the  first  day  of 
December,  in  the  year  one  thousand  eight  hundred  and 
forty-five;  and  the  said  corporation  shall,  during  such  ex- 
tended term,  be  entitled  to  all  the  powers  and  privileges, 
which  they  now  enjoy,  and  be  subject  to  all  the  duties,  re- 
strictions and  liabilities,  and  to  all  suits,  actions  or  proceed- 
ings at  law  or  in  equity,  to  which  they  now  are,  or  might 
have  been  subject,  and  to  which  they  would  have  been  sub- 
ject, at  the  time  when  said  corporation  would  otherwise 
cease  to  be  a  corporate  body,  had  not  this  act  been  passed. 
[Approved  by  the  Governor,  March  25,  1845.] 


1845. Chap.    201.  621 

An  Act  to  incorporate  the  town  of  Blackstone.  ChttD  201 . 

BE  it  enacted  by  the  Senate  and  Hovse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sa?ne,  as  follows  : 

Sect.  1.  All  that  part  of  Mendon,  in  the  county  of  Wor-  ^"^°'"f^^|^°" 
cesler,  which  lies  south  of  the  line  dividing  the  South  Pre- 
cinct from  the  First  Precinct  in  said  town,  as  established 
by  an  act  of  incorporation  in  the  year  one  thousand  seven 
hundred  and  sixty-six,  shall  be,  and  the  same  is  hereby  in- 
corporated into  a  separate  town,  by  the  name  of  Black- 
stone  ;  and  the  said  town  of  Blackstone  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.     All  the  real  and  personal  estate  belonging  to  Disposal  of 
and  held  in  common,  by  the  inhabitants  of  the  present  town  paymem'oT*^ 
of  Mendon,  shall  be  sold,  and  the  proceeds  thereof  shall  be  debts,  of  Men- 
applied  to  the  payment  of  the  debts  and  charges  now  due  ''°"" 
and  owing  from  the  town  of  Mendon  ;  and  the  surplus,  if 
any,  shall   be  divided  between   the  said  towns  of  Mendon 
and  Blackstone,  according  to  the  valuation  next  preceding 
the  passage  of  this  act;  and  if  the  said  proceeds,  together 
with  the  money  now  in   the  treasury,  and  available  debts 
due  the  town,  shall  be  insufficient  to  pay  the  debts  and 
charges  aforesaid,  said  town  of  Blackstone  shall  pay  her 
proportional  part,  according  to  the  valuation  aforesaid. 

Sect.  3.  All  persons  legally  settled  in  the  present  town  Support  of 
of  Mendon,  who  are  now  or  who  may  hereafter  become  sp^atve  t JmJ^s'. 
chargeable  as  paupers,  and  all  persons  who  may  hereafter 
become  legally  settled  in  either  of  said  towns  of  Mendon 
and  Blackstone,  and  may  become  chargeable  as  paupers, 
shall  be  supported  by  that  town  within  the  territorial  limits 
of  which  they  may  have  gained  a  legal  settlement,  or  in 
which  their  settlement  may  have  been  perfected. 

Sect.  4.     The   inhabitants  of   the   town   of  Blackstone  inhabitants  of 
shall  be  holden   to  pay  all  Slate,  county,  and   town  taxes  P'ackstone 

111  1  1  1  111  ^  *o  P^y  la-xes  to 

legally  assessed  on  them,  to  the  treasurer  and  collector  oi  treasurer  of 
the  town  of  Mendon  ;  and  all  moneys  now  in  the  treasury  Mendon,  &c. 
of  said  town,  or  that  may  hereafter  be  received  from  taxes 
now  assessed,  or  directed  to  be  assessed,  shall  be  applied  to 
the  purposes  for  which   they  were  raised  and  assessed,  the 
same  as  if  this  act  had  not  passed. 

Sect.  5.     The  town  of  Mendon  shall  pay  to  the  town  of  interest  of 
Blackstone  a  just  proportion  of  the  Surplus  Revenue  of  the  iurp?us°Rev" 
United  States,  received  by  the  town  of  Mendon,  to  be  ap-  enue  received 
portioned  according  to  the  census  taken  by  authority  of  the  ^y^<^°^°°- 
State,  in  the  year  one  thousand  eight  hundred  and  thirty- 
seven,  in  pursuance  of  ''An  Act  concerning  the  deposit  of 
the  Surplus  Revenue;"  and  the  town  of  Blackstone  shall 
67 


522 


1846.- 


-Chap.  201—202. 


Provisions  for 
the  choice  of 
representative 
in  the  General 
Court. 


Selectmen  of 
Blackstone  to 
make  a  list  of 
voters  for  rep- 
resentative, 
&c. 

Meetings  to  be 
held  in  the  two 
towns  alter- 
nately, &c. 


Call  of  meeting 
for  the  choice  of 
town  officers. 


When  to  take 
effect. 


Chap  202. 


receive,  in  payment  of  their  proportion,  any  bonds  and  notes, 
secured  by  mortgage  on  real  estate,  within  the  Hmits  of  said 
town  of  Blackstone ;  and  the  said  town  of  Blackstone  shall 
be  holden  to  refund  to  the  town  of  Mendon  the  proportion 
of  said  Suri'lus  Revenue,  so  to  be  received  by  them,  when- 
ever the  town  of  Mendon  shall  be  required  to  refund  the 
same  to  the  Commonwealth. 

Sect.  6.  The  said  town  of  Blackstone  shall  remain  a 
part  of  the  town  of  Mendon,  for  the  purpose  of  electing  the 
representative  to  the  General  Court  to  which  the  town  of 
Mendon  is  entitled,  until  the  next  decennial  census  of  the 
inhabitants  shall  be  taken,  in  pursuance  of  the  thirteenth 
article  of  the  Amendment  of  the  Constitution  And  the 
meeting  for  the  choice  of  such  representative,  shall  be  called 
by  the  selectmen  of  Mendon  ;  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. 

Sect,  7.  The  selectmen  of  Blackstone  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  Mendon  for  such  election,  in  the  same 
manner  as  if  it  had  been  prepared  by  themselves.  Such 
meetings  shall  be  held  in  the  towns  of  Mendon  and  Black- 
stone respectively,  in  alternate  years,  commencing  with  the 
town  of  Blackstone ;  and  the  selectmen  of  Mendon  shall 
appoint  such  place  for  every  meeting  to  be  held  in  Black- 
stone, as  the  selectmen  of  Blackstone  shall,  in  writing, 
request. 

Sect.  8.  Any  justice  of  the  peace  within  and  for  the 
county  of  Worcester,  is  authorized  to  issue  a  warrant,  di- 
rected to  some  principal  inhabitant  of  the  said  town  of 
Blackstone,  requiring  him  to  notify  and  warn  the  inhabi- 
tants 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.  9.  This  act  shall  take  effect  from  and  after  the 
passage  of  the  same.  [Approved  by  the  Governor,  March 
25,  1845.] 


An  Act  for  the  Protection  of  Cranberries  on  Gay  Head. 
BE  it  enacted  by  the  Se?iate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Proprietors  of        The  Indians  and  people  of  color,  proprietors  of  public 
STomlke""^'  and  undivided  lands  on  Gay  Head,  in  the  county  of  Dukes 
regulations  for    County,  are  hereby  authorized  and  empowered  annnally,  at 


1845 Chap.  202—203.  623 

a  proprietor's  meeting  called  for  that  purpose,  to  fix  a  day  thepickingor 
on  and  after  which  it  shall  be  lawful  to  pick  cranberries  on  ^ranbemes. 
said  lands;  and  if  any  such  proprietor  shall  before  the  day  Penalties  for 
so  fixed,  in  any  year,  pick  any  cranberries  on  said  land,  he  Ihereff!""^"' 
shall  for  each  offence,  forfeit  the  sum  of  ten  dollars ;  and  if 
any  person  not  a   proprietor  and  not  entitled   to  act  in  the 
right  of  some  proprietor,  according  to  the  usages  of  said 
Indians  and  people  of  color,  shall  pick  any  cranberries  on 
said  lands,  before  the  expiration  of  ten  days  after  the  day 
so  fixed  in  any  year,  he  shall  for  each  offence  forfeit  the 
sum  of  ten  dollars ;  and  the  said  penalties  may  be  recov- 
ered by  complaint  before  any  Justice  of  the  Peace,  within 
and  for  said   county,  or  by  indictment.     [Appi-oved  by  the 
Governor,  March  25,  1845. J 

An  Act  to  amend  the  Charter  of  the  City  of  Lowell.  ChdV^OS. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Conrt  assembled,  and  by  the  aiithority  of 
the  same,  as  follows  : 

Sect.  1.     Every  assessment   which    shall    hereafter    be  Assessments  for 
lawfully  made  by  the  City  Council  of  the  city  of  Lowell,  Ss^S'to 
of  the  expense  of  laying  down  or  constructing  any  side-  be  a  lien  on 
walk,  in  said  city,  shall  be,  and  continue  for  the  term  of '°'^''^''' 
one  year  from  the  date  of  such  assessment,  a  lien  upon  the 
several  lots  of  land  or  real  estate  so  assessed. 

Sect  2.     In  case  any  such  assessment  be  not  paid  within  Estates  to  be 
three  months  after  a  written  demand  of  payment,  made  *°''' '°';  P^y- 

.  ,  .,  J  i_-     X  ..      i?  ^1  ment  of  assess- 

either  upon  the  owner  so  assessed,  or  his  tenant  of  the  es-  ments  and 

tate,  in  front  of  which  such  sidewalk  may  be  situated,  the  cos's,  &c.  after 
treasurer  of  said  city  may  enforce  such  lien  by  sale  of  such  "°'"^^'  '^• 
estate  for  payment  of  the  assessment,  and  all  incidental 
costs  and  expenses  ;  such  sale  to  be  conducted  in  like  man- 
ner, and  subject  to  like  rules,  as  to  redemption  and  per- 
petuation of  evidence  of  notice,  as  sales  of  real  estate  for 
non-payment  of  taxes ;  and  any  person  who  shall  appear, 
by  the  records  of  the  registry  of  deeds,  to  be  the  owner, 
may  be  deemed  and  taken  to  be  the  owner  in  fact  for  the 
purpose  of  such  notice. 

Sect.  3.     Whenever  less  than  four  aldermen  of  the  city' Aldermen  of 
of  Lowell  shall  be  elected  prior  to  the  first  Monday  in  April,  pne  yearto 

.1  11  r  ^\  J-  1      11  hold  over  till 

m  any  year,  the  aldermen  or  the  preceding  year  shall  re-  four  aldermen 
main  in  office  until  at  least  four  aldermen  shall  be  chosen  \''«  chosen  for 

and  qualified.  the  next  year. 

Sect.  4.     The  City  Council  of  Lowell   are  hereby  au  -  city  Council 
thorized  to  purchase  one  or  more  lots  of  land  to  be  laid  out  jnaypurchase 
and   kept  as   public  squares  or  malls.     [Approved  by  the  squar°e's|'&c!*^ 
Governor,  March  25,  1845.] 


524 


1845. 


-Chap.  204—205. 


Chap  20A<, 


Number  of 
shares  may  be 
increased,  di- 
minishing their 
par  value  in 
proportion. 


An  Act  in  addition  to  an  Act  to  incorporate  the  "Bartlett  Steam  Mills. 

BE  it  enacted  by  the  Senate  and  Honse  of  Repiesenta- 
tives.  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

The  "  Bartlett  Steam  Mills"  is  hereby  authorized  to  in- 
crease the  number  of  shares  in  the  capital  stock  of  said 
corporation,  diminishing  the  par  value  of  each  share  in 
proportion  to  such  increase,  without  adding  to  the  amount 
of  the  capital  stock  of  said  corporation.  [Approved  by  the 
Governor,  March  25,  1845.] 


Chap205. 


Form  of  indexes 
to  be  kept  by 
registers. 


Entries  to  be 
made  within 
twenty-four 
hours,  and 
within  a  reason- 
able time. 


An  Act  concerning  Registers  of  Deeds. 

BE  it  enacted  by  the  Senate  and  Honse  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  Every  register  of  deeds,  in  addition  to  the  du- 
ties now  required  by  law,  shall  be,  and  is  hereby  required 
to  keep  two  sets  of  indexes,  each  of  which  shall  be  divided 
into  five  columns,  with  titles  or  heads  to  the  respective 
columns,  on  one  set  as  follows,  viz  : 


Provisions  re-  • 
specting  entry 
of  name  of 
grantor  of  es- 
tates conveyed 
by  sheriffs,  &c. 


Day  and  Year  of 
Reception. 

Grantors. 

Grantees. 

Book. 

Leaf  or  Page. 

And  in  the  other  set  as  follows,  viz  : 

Day  and  Year  of 
Reception. 

Grantees. 

Grantors. 

Book. 

Leaf  or  Page. 

Sect.  2.  The  register  of  deeds  shall,  within  twenty- 
four  hours  after  any  deed  or  other  instrument,  which  he  is 
by  law  required  to  record,  shall  have  been  left  for  record, 
cause  the  name  of  each  and  every  grantor,  grantee,  or 
other  party  to  such  deed  or  instrument,  to  be  entered  at 
length  and  alphabetically  in  its  appropriate  index,  and  shall 
also,  within  a  reasonable  time  after  such  deed  or  instrument 
shall  have  been  recorded,  affix  to  such  entry  the  number  of 
the  book  and  leaf  or  page  of  the  records  where  such  deed 
or  instrument  is  recorded. 

Sect.  3.  Whenever  the  real  estate  of  another  person  is 
sold  or  conveyed,  by  a  sheriff,  coroner,  constable,  collector, 
executor,  or  administrator,  or  by  any  other  authority  given 
by  law,  and  not  by  the  party,  the  person  who  owned  the 
estate,  and  from  whom  it  passes,  shall,  for  the  purposes  of 
this  act,  be  considered  as  the  grantor,  if  his  name  appears 
in  the  instrument,  and  if  it  does  not  so  appear,  the  grantor 
shall  be  entered  as  unknown,  under  the  letter  U.  [Approved 
by  the  Governor,  March  25,  1845.] 


1845. Chap.  206—207.  525 

An  Act  to  establish  the  Salaries  of  the  Assistant  Watchmen  of  the  State-   QfiQn  206. 

house.  " 

BE  a  enacted  by  the  Seiuiie  and  House  of  Representa- 
tives, m  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.     The   two   assistant   watchmen    of  the   State-  Annual  salaries 
house  shall  receive  an  annual  salary  of  five  hundred  dol-  after^fp^'i 
lars  each,  and  the  said  salaries  shall  be  paid  in  quarterly  1845. 
payments  out  of  the  treasury  of  the  Commonwealth,  on  the 
first  days  of  January,  April,   July  and  October,  in  every 
year,  and  in  the  same  proportion  for  any  part  of  a  quarter. 

Sect.  2,     This  act  shall   take  effect  from  and  after  the  When  to  take 
first  day  of  April  next.     [Approved  by  the  Governor,  March  ®*^^'^*' 
25,  1845.J 

An  Act  to  change  the  Names  of  the  Persons  therein  mentioned.  Chctp^xJI » 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assem,bled,  and  by  the  atithority  of 
the  same,  as  follows  : 

William  Winthrop  Andrews,  now  United  States  Consul  Suffolk. 
at  the  Island  of  Malta,  may  take  the  name  of  William 
Winthrop :  Moses  Fisher  may  take  the  name  of  Moses 
Everett  Fisher ;  Daniel  Warren  Amasa  Davis  Cowdin  may 
take  the  name  of  Warren  Davis;  Henry  Ballard,  a  minor, 
may  take  the  name  of  Henry  Ballard  Dyer;  Sarah  Eliza- 
beth Hooper,  a  minor,  may  take  the  name  of  Sarah  Eliza- 
beth King  ;  Joachim  Gervasio  may  take  the  name  of  Joseph 
Gervasio  Oakes  ;  Francis  Harrison  Blanchard  may  take  the 
name  of  Francis  Harrison  Clay  Blanchard  ;  Oliver  Ayres 
may  take  the  name  of  Oliver  Emmons  Ayers ;  Joseph  Mc- 
Collum,  and  Thurza  McCollum,  his  wife,  and  William  B. 
McCollum,  their  minor  son,  may  severally  take  the  surname 
of  Chandler,  instead  of  McCollum;  Moses  Bullen  may  take 
the  name  of  Moses  Burlen  ;  Horace  H.  Whitmore  may  take 
the  name  of  Horace  Hersey  Vinton ;  Ann  Maria  Robson,  a 
minor,  may  take  the  name  of  Ann  Maria  Armstrong;  Eliza- 
beth Robson,  a  minor,  may  take  the  name  of  Elizabeth 
Lydia  Armstrong;  Willard  Feachem,  a  minor,  may  take 
the  name  of  Willard  Danforth ;  Theodore  Ashley  Doolittle 
may  take  the  name  of  Theodore  Ashley ;  Antoney  Pairar 
may  take  the  name  of  Charles  Almeder  Perry;  John  Knight 
Smith  may  take  the  name  of  John  Prince  Knight ;  Lucy 
Maria  Faxon,  an  adopted  daughter  of  Daniel  Bartlett,  Jr., 
may  take  the  name  of  Lucy  Faxon  Bartlett;  Hiram  Fogg 
may  take  the  name  of  Hiram  Edwards  Fogg;  Mary  Vose 
may  take  the  name  of  Mary  Newell ;  Horace  Cutter  may 
take  the  name  of  Horace  Frederick  Cutter;  William  E. 
Cox  may  take  the  name  of  William  E.  Warren  ;  Charles 
O.  Cox,  a  minor,  may  [take]  the  name  of  Charles  O.  War- 
ren ;  Chester  Peeler  may  take  the  name  of  Chester  Peeler 


52G  1845. Chap.  207. 

Marshall  ;  Sarah  E.  Seaman  may  take  the  name  of  Sarah 

E.  Saymore  ;  Liicinda  Porter  Bean  may  take  the  name  of 
Liicinda  Porter  Whitman;  also  her  minor  children,  Stephen 
Bean,  may  take  the  name  of  Stephen  Whitman;  Helen 
Maria  Bean,  may  take  the  name  of  Helen  Maria  Whitman; 
Rufus  Henry  Bean,  may  take  the  name  of  Rnfus  Henry 
Whitman ;  Hannah  Emily  Bean,  may  take  the  name  of 
Hannah  Emily  Whitman  ;  Louisa  Almira  Bean,  may  take 
the  name  of  Louisa  Almira  Whitman  ,  and  Ephraim  Whit- 
man Bean,  may  take  the  name  of  Ephraim  Parks  Whit- 
man ;  Oliver  Bicknell  Wedge,  a  minor,  may  take  the  name 
of  Oliver  Bicknell  Lothrop ;  Everard  Wesley,  a  minor,  and 
an  adopted  son  of  Oliver  Dyer,  may  take  the  name  of 
Everard  Wesley  Dyer;  Temperance  Ann  Bickford  may 
take  the  name  of  Georgiana  Brackett;  Jasper  Ferdinand 
Way  may  take  the  name  of  Jasper  Franklin  Ferdinand; 
Mary  Atwood  may  take  the  name  of  Mary  Clifford  ;  Charles 
Norlando  Tentorni  may  take  the  name  of  Charles  Norlando 
Sibley  ;  Stephen  F.  Harding  may  take  the  name  of  Stephen 

F.  Hoogs;  Abel  Wright  Conant  may  take  the  name  of  Ar- 
nold William  Conant ;  Simon  Johnson  Bianchard  may  take 
the  name  of  Edgar  Johnson  Bianchard ;  Moses  Brackett 
may  take  the  name  of  Walter  M.  Brackett,  all  of  the  city 
of  Boston.  Jacob  Henry  Bowker,  of  Chelsea,  may  take 
the  name  of  Edmund  Bowker ;  Warren  Bowker,  a  minor 
of  Chelsea,  may  take  the  name  of  Henry  Jacob  Bowker  ; 
EUery  Eld  ridge,  a  minor  of  Chelsea,  may  take  the  name 
of  EUery  Watson   Eldridge, — all  of  the  county  of  Suffolk. 

Essex.  Joseph   E.  Killam,  of  Bradford,  may  take  the  name  of  Jo- 

seph E.  Bartlett ;  Jonathan  E.  Eastland,  of  Marblehead, 
may  take  the  name  of  George  Eastland ;  Deborah  Morse, 
of  Marblehead,  may  take  the  name  of  Caroline  Morse;  Fos- 
ter Smith,  Jr.,  of  Newburyport,  may  take  the  name  of  Fos- 
ter Waldo  Smith  ;  Marie  Antoinette  Bliss,  of  Newburyport, 
may  take  the  name  of  Marie  Adelaide  Otis;  also,  her  minor 
son,  William  Starkie  Bliss,  may  take  the  name  of  Joseph 
William  Otis;  Joseph  Augustus  Peabody,  a  minor,  of  Sa- 
lem, may  take  the  name  of  George  Augustus  Peabody  ; 
Mary  Putnam,  of  Saugus,  may  take  the  name  of  Mary 
Emery;  Hitte  Cave  Porter,  of  Lynn,  may  take  the  name 
of  Ellen  Maria  Poiter;  James  Bachelder  French,  a  minor, 
and  an  adopted  son  of  Harrison  B.  Fowler,  of  Salisbury, 
may  take  the  name  of  Henry  Harrison  Fowler;  Edward 
Payson  Stimscn  and  Sarephina  Cass,  minors,  and  adopted 
children  of  Daniel  C.  Bagley,  of  Amesbury,  may  take  the 
names  of  Edward  Stimson  Bagley  and  Abby  Bayley  Bag- 
ley  ;  Margaret  EHzabeth  Carmady,  a  minor  of  Andover, 
may  take  the  name  of  Margaret  Elizabeth  Gray  ;  Seabury 
Treadwell  Witt,  of  Lynn,  may  take  the  name  of  George 
Seabury  De  Witt;  Jonathan  Crosby  Allen,  of  Salem,  may 


1845. Chap.  207.  527 

take  the  name  of  Charles  Crosby  Allen ;  Asa  Osgood,  of 
Danvers,  may  take  the  name  of  Charles  Asa  Osgood ;  Mo- 
ses A.  Styles,  of  South  Andover,  may  take  the  name  of 
Charles  D.  Willoughby;  Samuel  Wadleigh,  an  adopted  son 
of  Moses  Town  of  Andover,  may  take  the  name  of  Samuel 
Town ;  Barachias  Hartwell  Abbott,  of  Andover,  may  take 
the  name  of  Hartwell  B.  Abbott;  Ellen  M.  Kimball,  a  mi- 
nor, of  Bradford,  may  take  the  name  of  Ellen  Berry  Kim- 
ball; William  Wallace  Hinkson,  a  minor,  of  Bradford,  may 
take  the  name  of  William  Wallace  Holmes;  Joseph  Buntin 
Cornelius,  of  N'ewhuryport,  may  take  the  name  of  Joseph 
Buntin  ;  and  his  wife,  Margaret  Cornelius,  may  take  the 
name  of  Margaret  Buntin  ;  also,  their  children,  James  Her- 
vey  Cornelius,  Ann  Eliza  Cornelius  and  Rebecca  Cornelius, 
may  severally  take  the  surname  of  Buntin  instead  of  Cor- 
nelius ;  Warren  Hedding  Currier,  of  Lynn,  may  take  the 
name  of  Warren  Holbrook  Currier  ;  William  Tarbox,  Lydia 
Tarbox  and  Martha  Ellen  Tarbox,  of  Lynn,  may  severally 
take  the  surname  of  Appleton  instead  of  Tarbox  ;  Andrew 
Jackson  McCrate,  of  Salem,  may  take  tJie  name  of  William 
Hale  ;  Thomas  Magee,  of  Lynn,  may  take  the  name  of 
Thomas  Reed;  William  Henry  Berdge,  of  JNewburyport, 
may  take  the  nam_e  of  William  Henry  Barton,  and  Sarah 
Berdge,  his  wife,  may  take  the  name  of  Sarah  Louisa  Bar- 
ton ;  also  their  child,  Mary  Adelaide  Berdge,  may  take  the 
nanje  of  Mary  Goodrich  Barton  ;  John  Bullough,  and  his 
wife,  Catharine  Bullough,  of  Newburyport,  may  take  the 
surname  of  Bullou,  instead  of  Bullough  ;  and  Eliza  Ban- 
croft Bullough,  Catharine  Moore  Bullough,  Nancy  Kings- 
bury Bullough,  Henry  Willard  l^ullough,  and  Adalinc 
Frances  Bullough,  may  severally  take  the  surname  of  Bul- 
lou, instead  of  Bullough  ;  Liberty  Bullough,  of  Newbury- 
port, may  take  the  name  of  Liberty  Clement  Bullou  ;  Joseph 
Bullough,  of  Newburyport,  may  take  the  name  of  Joseph 
W^arren  Bullou ;  Harriet  Bullough,  of  Newburyport,  may 
take  the  name  of  Harriet  Ann  Bullou;  Henrietta  Bullough, 
of  Newburyport,  may  take  the  name  of  Henrietta  Maria 
Bullou ;  Robert  Barr  McClintock,  of  Salem,  may  take  the 
name  of  Robert  Putnam  Barr ;  Charles  Addison  Noyes,  of 
Newburyport,  may  take  the  name  of  Charles  Albert;  and 
Nancy  Osgood  Noyes,  his  wife,  may  take  the  name  of  Nan- 
cy Albert ;  Daniel  Adams,  of  Newburyport,  may  take  the 
name  of  Daniel  Palmer  Adams ;  Ruth  Ann  Pinkham,  a 
minor,  of  Saugus,  may  take  the  name  of  Anna  Pinkham, — 
all  of  the  county  of  Essex.  William  Blacker,  of  Lowell,  Middlesex, 
may  take  the  name  of  William  Francis  Blake;  James  Gil- 
man  Piper,  Daniel  Caldwell  Piper,  Artemas  Woodbury  Pi- 
per, and  Malinda  Caldwell  Piper,  minor  children  of  Malinda 
C.  P.  Taylor,  of  Newton,  may  severally  take  the  surname 
of  Taylor,  instead  of  Piper:    Ichabod   Eugene    Norton,   a 


528  1845. Chap.  207. 

minor,  of  Charlestown,  may  take  the  name  of  Eugene 
Lindsey  Norton ;  Joel  Gannett,  a  minor,  and  an  adopted 
son  of  William  D.  Eastman,  of  Lowell,  may  take  the  name 
of  Joel  Albert  Eastman;  Riithy  Ann  Barrett,  of  Lowell, 
may  take  the  name  of  Sarah  Ann  Mortimer  Barrett;  Wil- 
liam Toombs  and  Ruth  F.  Toombs,  his  wife,  of  Marlbo- 
rough, may  take  the  names  of  WilUam  Edward  Wood  and. 
Ruth  Fry  Wood  :  also,  their  three  minor  children,  Louisa 
Elizabeth  Toombs,  Martha  Toombs,  and  Mary  Toombs, 
may  take  the  surname  of  Wood  instead  of  Toombs;  Fred- 
erick Grimes,  Jane  Amanda  Grimes,  and  Caroline  Grimes, 
of  Lowell,  may  severally  take  the  surname  of  Graham  in- 
stead of  Grimes;  Abraham  Rice,  of  Marlborough,  may  take 
the  name  of  Abraham  Winfield  Rice  ;  Lydia  Ann  Brigham, 
an  adopted  daughter  of  William  Coolidge,  of  Natick,  may 
take  the  name  of  Sarah  Ann  Coolidge;  Thomas  Joyce,  of 
Cambridge,  may  take  the  name  of  Thomas  Joyce  White ; 
."  and  his  wife,  Sally  Joyce,   may  take  the  name  of  Sarah 

White;  also  their  minor  children,  Charles  White  Joyce,  and 
Sarah  Joyce,  may  take  the  names  of  Charles  Joyce  White, 
and  Sarah  White;  Calvin  Richardson,  3d,  of  Wobnrn,  may 
take  the  name  of  Calvin  Baldwin  Richardson  ;  Henry  Cain, 
of  Woburn,  may  take  the  name  of  Henry  Wendall ;  Zacha- 
'  riah  Hill,  of  Concord,  may  take  the  name  of  William  Adol- 
phus  Hill;  Augustus  Williams,  of  Charlestown,  may  take 
the  name  of  Augustus  Peirce  ;  Samuel  H.  Liniken,  of  Cam- 
bridge, may  take  the  name  of  Samuel  L.  Willard ;  Charles 
Bnllough,  of  Newton,  may  take  the  name  of  Charles  Nelson 
Bullou ;  Mary  Abigail  Temple,  a  minor,  and  an  adopted 
daughter  of  Jesse  Wright,  of  Littleton,  may  take  the  name 
of  Mary  Abigail  Wright;  Albert  Wellington,  of  Medford, 
may  take  the  name  of  Albert  Kirk  Wellington, — all  of  the 
Worcester.  couuty  of  Middlesex.  Parker  Howe,  of  Boylston,  may  take 
the  name  of  George  Parker  Howe  ;  George  Washington 
Hodgerny,  of  Grafton,  may  take  the  name  of  George  Wash- 
ington Lincoln  ;  Mary  Abigail  Upham,  and  John  William 
Upham,  of  Millbury,  minors,  may  take  the  surname  of 
Copeland  instead  of  Upham ;  Joseph  Leland,  of  North- 
bridge,  may  take  the  name  of  Joseph  Warren  Leland ; 
William  Robinson,  of  Spencer,  may  take  the  name  of 
George  Robinson  ;  Amanda  Dickey,  of  Southbridge,  may 
take  the  name  of  Amanda  Hall ;  Ellen  Pray  Denton,  an 
adopted  minor  daughter  of  Thomas  W.  Butterfield,  of  Wor- 
cester, may  take  the  name  of  Ellen  Louisa  Butterfield; 
Allen  Beaman,  of  Worcester,  may  take  the  name  of  Allen 
Conant  Beaman;  Francis  D.  Wheeler,  of  Westminster,  may 
take  the  name  of  Clinton  D.  Wheeler;  Charles  Whitney, 
2d,  and  George  Whitney,  minors,  of  Westminster,  may 
take  the  names  of  Charles  Hubbard  Whitney,  and  George 
Edwin   Whitney ;  Ebenezer   White  Sawtell,    a  minor,   of 


1845. Chap.  207.  529 

Westminster,  may  take  the  name  of  Walter  Hubbard 
Farnsworth  Sawtell ;  Abigail  Larned  Davis,  a  minor,  of 
Oxford,  may  take  the  name  of  Abby  Larned  Davis ;  Martha 
Ann  Mason,  of  Worcester,  may  take  the  name  of  Martha 
Pierson  Mason ;  John  Pratt,  of  Worcester,  may  take  the 
name  of  John  Bush  Pratt ;  George  Aspinwall,  of  Brookfield, 
may  take  the  name  of  George  Gray ;  Gamaliel  Beaman,  Jr. 
of  Princeton,  may  take  the  name  of  Gamaliel  Sawyer  Bea- 
man ;  Sarah  Ann  Channing  Robinson,  of  Northbridge,  may 
take  the  name  of  Martha  Channing  Robinson ;  Simeon 
Dvvinell,  of  Millbury,  may  take  the  name  of  Simeon  Du 
Nel ;  Reuben  M.  Hoar,  of  Worcester,  may  take  the  name 
of  Reuben  M.  Hudson  ;  Philo  A.  Wheeler,  of  Bolton,  may 
take  the  name  of  Harriet  Wheeler;  Lyman  Brooks  Macul- 
lar,  of  Worcester,  may  take  the  name  of  Lyman  Brooks ; 
Clarinda  Maria  Legg  Thayer,  a  minor,  of  Milford,  may 
take  the  name  of  Clarinda  Maria  Thayer  Legg ;  Lurestan 
Chauvelin,  of  Princeton,  may  take  the  name  of  Luther 
Luton  Lakey ;  and  his  wife,  Asenath  Chauvelin,  may  take 
the  name  of  Asenath  Lakey ;  also  their  minor  children, 
George  Augustus  Chauvelin  and  Charles  Henry  Chauvelin, 
may  take  the  surname  of  Lakey,  instead  of  Chauvelin; 
Samuel  Hoar  and  Elizabeth  Hoar,  his  wife,  of  North 
Brookfield,  may  take  the  surname  of  Homer,  instead  of 
Hoar ;  also  their  children,  Adin  Hoar,  Samuel  Hoar,  Jr., 
and  Rodolphus  Wilber  Hoar,  may  severally  take  the  names 
of  Adin  Alonzo  Homer,  Samuel  Hoar  Homer,  and  Rodol- 
phus Wilber  Homer;  Franklin  Hamant,  of  Sturbridge,  may 
take  the  name  of  Benjamin  Franklin ;  Samuel  Wood,  of 
Northborough,  may  take  the  name  of  Samuel  Lees  Wood, 
— all  of  the  county  of  Worcester.  William  Quance,  of  Hampshire. 
South  Hadley,  may  take  the  name  of  William  Ransom; 
Frederick  Plummer  Tracy,  of  Williamsburg,  may  take  the 
name  of  Frederick  Palmer  Tracy  ;  Samuel  Nash,  of  South 
Hadley,  may  take  the  name  of  Samuel  Adams  Nash, — all 
of  the  county  of  Hampshire.  Allen  Look  and  Harriet  Hampden. 
Look,  of  Springfield,  may  take  the  names  of  Allen  Guild 
Lincoln  and  Harriet  Guild  Lincoln ;  Albert  Clark,  a  minor, 
and  an  adopted  son  of  Jonathan  Steele,  of  Springfield,  may 
take  the  name  of  Henry  Albert  Steele;  Fanny  Hoar,  of 
Springfield,  widow,  may  take  the  name  of  Fanny  Homer; 
also,  her  three  children,  Adaline,  Elvira,  and  John  Harvey 
Hoar,  may  severally  take  the  surname  of  Homer  instead  of 
Hoar ;  Elias  Bean,  of  Palmer,  may  take  the  name  of  Elias 
Bean  Whitman, — all  of  the  county  of  Hampden.  Edwin  Franklin. 
Ward,  of  Orange,  may  take  the  name  of  Edwin  Daniel 
Ward;  Porter  Snow,  of  Whately,  may  take  the  name  of 
Porter  Howard  Snow  ;  Eunice  Hibbard,  of  Rowe,  may  take  ^■ 

the   name   of  Eunice    Emerson    Hibbard ;  Rebecca   Sears 
Crosby,  a  minor,  of  Hawley,  may  take  the  name  of  Ellen 
68 


530 


1845. 


■Chap.  207. 


Berkshire. 


Norfolk. 


Bristol. 


Plymouth. 


Barnstable. 


Sears  Crosby, — all  of  the  county  of  Franklin.  Mary  Eliza- 
beth Upton,  a  minor,  and  an  adopted  daughter  of  Oliver 
Arnold,  of  Adams,  may  take  the  name  of  Mary  Elizabeth 
Arnold ;  Joab  Brace,  Jr.,  of  Lanesboro',  may  take  the  name 
of  Edward  Joab  Brace, — all  of  the  county  of  Berkshire. 
William  Hartwell  Johnson,  of  Dorchester,  may  take  the 
name  of  Willis  Hartwell  Johnson  Renville ;  James  Cun- 
ningham, Jr.,  a  minor,  of  Dorchester,  may  take  the  name 
of  James  Swan  Cunningham ;  George  Stearns,  of  Roxbury, 
may  take  the  name  of  George  Osborne  Stearns ;  Alfred 
Showell  Marsh,  of  Milton,  may  take  the  name  of  Alfred 
Showell;  William  Oscar  Whittington,  of  Dorchester,  a  mi- 
nor, may  take  the  name  of  William  Whittington  Brooks ; 
Mary  Ann  Amanda  Whittington,  of  Dorchester,  a  minor, 
may  take  the  name  of  Amanda  Whittington  Brooks  ;  George 
Driver,  of  Quincy,  may  take  the  name  of  George  W. 
Churchill  ;  George  Sutherland,  of  Q.uincy,  may  take  the 
name  of  George  Churchill  ;  Dearborn  Moses,  of  Quincy, 
may  take  the  name  of  Moses  Churchill;  Antoinette  ?:. 
Moffatt,  of  Roxbury,  may  take  the  name  of  Antoinette  S. 
Jones ;  George  T.  Moffatt,  a  minor,  of  Roxbury,  may  take 
the  name  of  George  Alexander  Jones, — all  of  the  county  of 
Norfolk,  Abigail  Jucket,  of  Freetown,  may  take  the  name 
of  Julia  Palmer;  George  James  Moore,  a  minor,  and  an 
adopted  son  of  Samuel  O.  Dunbar,  of  Taunton,  may  take 
the  name  of  George  James  Dunbar ;  Stephen  Cornell,  of 
Westport,  may  take  the  name  of  Stephen  B.  Cornell ;  Emily 
Pullen,  Andrew  R,  Pullen,  Bethany  B.  PuUen,  David  B. 
PuUen,  and  Eliza  I.  Pullen,  of  Mansfield,  minors,  may  sev- 
erally take  the  surname  of  Hyer,  instead  of  Pullen  ;  Caroline 
Wilson  Smith,  of  Taunton,  may  take  the  name  of  Caroline 
Wilson  Farnham ;  Josiah  Gardner  Johnson,  a  minor,  and 
an  adopted  son  of  William  Samuel  Cobb,  of  New  Bedford, 
may  take  the  name  of  William  Samuel  Cobb;  Hannah 
Elizabeth  Freeman,  of  New  Bedford,  may  take  the  name 
of  Eliza  F.  Tallman, — all  of  the  county  of  Bristol.  Joseph 
Thomas  Sylvester,  of  Hanover,  may  take  the  name  of 
William  Thomas  Sylvester ;  James  Horace  Hammond,  a 
minor,  of  Rochester,  may  take  the  name  of  John  Wilks 
Hammond  ;  Charles  Fayette  Loomis,  of  North  Bridgewater, 
may  take  the  name  of  La  Fayette  Charles  Loomis ;  Henry 
Packard,  of  North  Bridgewater,  may  take  the  name  of  Henry 
Howe  Packard;  George  Leonard,  3d,  of  Middleborough, 
may  take  the  name  of  George  Savery  Leonard ;  James 
Lloyd  Keith,  of  Plymouth,  may  take  the  name  of  Lloyd 
Keith  ;  James  Otis,  of  Scituate,  may  take  the  name  of  James 
Ingham, — all  of  the  county  of  Plymouth.  Hannah  S. 
Crocker,  a  minor,  of  Barnstable,  may  take  the  name  of 
Persis  S.  Crocker ;  Joseph  Baker,  of  Dennis,  may  take  the 
name  of  Joseph  Kelly  Baker ;  Joseph  Kelly,   of  Dennis, 


1845. Chap.  207—208.  531 

may  take  the  name  of  Joseph  Baker  Kelly;  Henry  Milton 
Gifford,  a  minor,  of  Falmouth,  may  take  the  name  of  Wat- 
son Hatch  Gifford  ;  Lucy  Freeman,  of  Provincetown,  may 
take  the  name  of  Lucy  Freeman  Cook;  Davis  Crowell  Ba- 
ker, of  Yarmouth,  a  minor,  may  take  the  name  of  Elihu 
Davis  Baker;  Mary  Crowell,  of  Yarmouth,  a  minor,  may 
take  the  name  of  Mary  Parker  Crowell ;  Atwood  Rich,  a 
minor,  of  Truro,  may  take  the  name  of  Atwood  Frankhn 
Rich, — all  of  the  county  of  Barnstable. 

And  the  several  persons  before  mentioned,  from  and  after  When  to  take 
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  the   same  shall  hereafter  be  con- 
sidered as  their  only  proper  and  legal  names.     [Approved  by 
the  Gover/to?',  March  25,  1845. J 

An  Act  in  addition  to  the  several  Acts  concerning  Husband  and  Wife.        ChdTf  208. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  same,  in  'manner  following,  that  is  to  say  : 

Sect.  1.     At  any  time  before  a  marriage  shall  be  solem-  Written  con- 
nized,  the  parties  may  enter  into  a  contract  in  writing,  de-  a'trproperTy'of' 
daring  their  consent  that,  after  the  marriage  shall  have  the  wife  maybe 
been  solemnized,  the  wife  shall  continue  to  hold  either  the  ">ade  before 

1      •  1  r     I  marriage. 

whole  or  any  designated  part  of  the  real  or  personal  estate, 
or  the  right  of  action,  of  which  she  may  be  seized  or  pos- 
sessed, at  the  time  of  the  marriage,  to  her  sole  and  separate 
use,  free  from  the  interference  and  control  of  her  husband. 
Such  contract  may  limit  to  the  wife  an  estate  for  life  in  the 
whole  or  any  part  of  the  property,  and  designate  any  other 
limitations  not  repugnant  to  the  laws  of  the  Common- 
wealth ;  and  all  such  limitations  shall  take  effect  at  the 
time  of  the  marriage,  in  like  manner  as  if  they  had  been 
contained  in  a  deed  conveying  to  the  wife  the  property  so 
limited. 

Sect.  2.     '^I'here   shall    be    annexed  to  such  contract  a  Schedule  and 
schedule  of  all  the  property  intended  to  be  affected  thereby,  suc"pmperiy 
which  schedule  shall  contain  a  description  of  the  property,  to  be  recorded 
sufficiently  clear  to  enable  any  credito;  of  the  husband  to  ^"the  r"!.^s,^ry 
distinguish  it  from  all  other  property;  and  such  contract,  of  deeds,  &c. 
together  with  such  schedule,  shall,  either  before  the  mar- 
riage, or  within  ninety  days  thereafter,  be  recorded  in  the 
registry  of  deeds  for  the  county  in  which  the   husband  re- 
sides at  the  time  of  such  record,  or,  if  he  be  not  a  resident 
within  this  Commonwealth,    then   in   the   registry  of  deeds 
for  the  county  in  which  the  wife  resides  at  the  time  of  such 
record,  if  such  record  be  made  before  the  marriage,  or  in 
which  she  last  resided,  if  made  after  the  marriage;  and,  if 
not  so  recorded,  said  contract  shall  be  void. 


632 


1845.- 


-Chap.  208. 


Property  may 
be  conveyed  by 
deed  or  be- 
quest to  mar- 
ried womea, 


Instrument 
making  such 
conveyance  to 
be  recorded  in 
registry  of 
deeds,  &c. 


Married  women 
may  hold  prop- 
erty, sue  and  be 
sued,  (fee. 


Conveyances  of 


property  by 
nusband 


to  wife. 


Interest  of  hus- 
band in  prop- 
erly of  wives 
deceased  intes- 
tate. 


Sect.  3.  Any  person,  capable  in  law  of  making  a  deed 
or  will,  may  convey,  devise  or  bequeath  to  any  married 
woman,  any  property  or  estate  to  be  held  by  her,  without 
the  intervention  of  a  trustee,  to  her  sole  and  separate  use, 
free  from  the  interference  or  control  of  her  husband.  Such 
conveyance,  devise  or  bequest,  may  be  of  an  absolute  es- 
tate, of  an  estate  for  life,  or  of  a  less  estate,  with  any  law- 
ful limitations  after  the  termination  of  the  estate  so  vested 
in  such  woman. 

Sect.  4.  Whenever  any  grant  or  conveyance  shall  be 
made,  pursuant  to  the  provisions  of  the  foregoing  section, 
the  instrument  whereby  it  is  made  shall,  within  ninety  days 
from  the  delivery  thereof,  be  recorded  in  the  registry  of 
deeds  for  the  county  in  which  the  husband  shall  reside  at 
the  time  of  such  delivery  ;  or,  if  he  be  not  a  resident  of  this 
Commonwealth,  for  the  county  in  which  the  grantor  shall 
then  reside ;  and,  if  such  record  be  not  made,  any  creditor 
of  the  husband  may  attach  or  seize  on  execution  any  of  the 
property  so  conveyed,  in  like  manner,  and  with  the  same 
effect,  as  if  this  act  had  not  been  passed. 

Sect.  5.  Whenever  any  property  shall  be  secured  to  the 
sole  and  separate  use  of  a  married  women,  or  conveyed, 
devised  or  bequeathed  to  her,  pursuant  to  any  of  the  provi- 
sions hereinbefore  contained,  such  woman  shall,  in  respect 
to  all  such  property,  have  the  same  rights  and  powers,  and 
be  entitled  to  the  same  remedies,  in  her  own  name,  at  law 
and  in  equity,  and  be  liable  to  be  sued  at  law  and  in  equity 
upon  any  contract  by  her  made,  or  any  wrong  by  her  done, 
in  respect  to  such  property,  and  also  upon  any  contract  by 
her  made  or  wrong  by  her  done  before  her  marriage,  in  the 
same  manner  and  with  the  same  effect  as  if  she  were  un- 
married: and  all  such  property  may  be  attached  in  any 
such  suit,  and  may  be  taken  on  execution,  as  if  she  held 
the  same,  being  unmarried.  And  the  original  writ,  by 
which  any  such  action  at  law  shall  be  commenced,  shall 
contain  the  proper  averments,  to  show  that  such  action  is 
brought  upon  some  contract  made,  or  wrong  done,  in  res- 
pect to  property  held  by  such  married  woman,  to  her  separ- 
ate use,  or  is  brought  upon  some  contract  by  her  made,  or 
wrong  by  her  clone,  before  her  marriage ;  and  such  aver- 
ments shall  be  traversable. 

Sect.  6.  IVothing  contained  in  this  act  shall  be  construed 
to  empower  any  husband  to  convey  any  of  his  property  to 
his  wife  in  other  manner,  or  with  any  other  effect,  than 
if  the  same  had  not  been  passed. 

Sect.  7.  if  any  married  woman,  holding  property  to  her 
separate  use  by  virtue  of  this  act,  shall  die  intestate,  all  her 
right  and  interest  in  any  personal  property  thus  held  shall 
vest  in  her  husband,  unless  other  provision  is  made  in  rela- 
tion thereto  by  the  terms  of  the  contracts  or  conveyances 


1845. Chap.  208—209.  533 

hereinbefore  mentioned;   and  he  shall  be  entitled    to   his 

estate  by  the  courtesy  in  all  lands  and  tenements  held  by 

his  wife,  as  if  this  act  had  not  been  passed  :  provided,  how-  Provided,  thai 

eve?'   that,  in  every  such  case,  it  shall  be  necessary  for  the  husbands  shall 

111  1  1      •     •  ■  1  /-IT  ^^^^  adminis- 

husband  to  take  administration  on  the  estate  oi  the  deceas-  tration,  &c. 
ed  wife,  and  he  shall  hold  such  personal  property,  and  all 
the  interest  of  the  wife  in  any  real  estate,  saving  his  estate 
by  the  courtesy,  subject  to  the  payment  of  all  debts  incurred 
by  her,  either  before  or  after  the  marriage. 

Sect.  8.     Upon  the  petition  of  any  married  woman  hold-  Trustees  of 
ing  property  to  her  sole  use,  the  supreme  judicial  court  may  mar^Hed' women 
appoint  a  trustee,  or  trustees,  to  hold  the  same  in   trust  for  may  be  ap- 
her;  and  such  petitioner  may  thereupon  convey  to  such  supreme  Court, 
trustee,  or  trustees,  all  property  so  held   by  her  upon  such  <s-c. 
trusts  and  to  such  uses  as  she  may  declare  ;  and  thereafter- 
wards  such  trustee  or  trustees  may,   in  his  or   their  own 
name  or  names,  prosecute  all  actions  commenced  in  relation 
to  such   property,  and  defend   all  actions  brought  against 
such  woman,  founded  on  any  cause  of  action  accruing  be- 
fore such  conveyance.     And  all  such  property,  so  assigned, 
shall  be  liable  in   the  hands  of  such  trustee,  or  trustees,  to 
be  attached  or  taken  on  execution  in  any  such  action.    And 
after  such  assignment  to  trustee,  or  trustees,  the  rights  and 
powers  conferred  upon  such  married  v/oman,  by  the  fifth 
section  of  this  act,  shall  cease,  and  her  rights,  interests  and 
powers  shall  depend  upon  the  trusts  and  uses  declared  in 
the  instrument  of  conveyance  to  the  trustee  or  trustees,  or 
in  other  lawful  declaration  of  trust. 

Sect.  9.     Nothing  herein  contained  shall  be  construed  to  Laws  respect- 
repeal  any  existing  provision  of  law  respecting  the  record-  deldrnot^he're- 
ing  of  any  deed  of  land  in  the  county  where  such  land  lies,  by  repealed. 

Sect.  10.     None  of  the  property  to   be  holden  by  any  investment  of 
married  woman,   by  virtue  of  the  provisions  of  this  act,  ^'^''^arried''' 
shall  be  used  or  employed  for  the  purposes  of  trade  or  com-  women  under 
merce;  but  the  same  shall   be  invested   in   real  estate,  in^^isact. 
stocks  of  the  United  States,  in  State  stock,   in   corporation 
stocks,  in  personal  securities,  or  in  furniture  in  the  actual 
use    and    occupation    of   such   woman,     [App?'ovt-'d  by  the 
Governor^  March  25,  1845. J 


An  Act  concerning  the  laying  out  Turnpike  Roads  as  Common  Highways.     Chnr}'2.0^ 

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

Sect.  1.  So  much  of  the  sixteenth  section  of  tlie  thirty-  Power  of  coun- 
ninth  chapter  of  the  Revised  Statutes,  as  requires  that  be-  i-^^bTying"' 
fore  any  turnpike  road,  or  part  thereof,  shall  be  laid  out  by  out,<S£c.may  be 
the  county  commissioners  in  any  county  as  a  common  high-  ourcon^senTof* 
way,  or  any  alterations  shall   be  made  therein,  the  several  towns. 


334 


1845.- 


■Chap.  209—210. 


towns   within  whose  limits  such  turnpike  road  may  be, 
shall  assent  to  the  same,  is  hereby  repealed. 

Sect.  2.  No  town  shall  be  liable,  or  holden  to  refund, 
to  any  county  treasurer,  more  than  one  third  part  of  the 
thauoneihird  of  a^fjjQ^^fjt  paid  by  the  county,  to  any  turnpike  corporation, 
ing  a°turnpike"  as  damages  for  taking  any  turnpike  road  for  a  highway, 
road  for  a  high-  [Approved  by  the  Governor,  March  25,  1845.] 


No  town  com- 
pelled to  pay  to 
county,  more 


Chap  210. 


Capital  stock 
may  be  increas 
ed  within  2 
years,  by  the 
addition  of 
shares  of  ,glOO 
each,  &c. 


Application  of 
proceeds  of 
sales  of  such 
shares. 


Rig-ht  of  the 
Commonwealth 
and  of  stock- 
holders to  pur- 
chase propor- 
tions of  such 
shares. 


Disposal  of  llie 
residue. 


Conditions  of 
purchase  iw' 
payment  by  •( 
Commonw::i  r^ 


An  Act  to  increase  the  Capital  Stock  of  the  Western  Rail-road  Corporation. 

BJE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  The  directors  of  the  Western  Rail-road  Corpo- 
ration may  increase  the  capital  stock  of  said  corporation, 
by  adding  thereto,  from  time  to  time,  for  the  term  of  two 
years,  a  number  of  shares  of  one  hundred  dollars  each, 
equal  in  amount  to  the  sums  heretofore  paid,  or  hereafter 
to  be  paid,  into  the  sinking  funds  of  said  corporation,  with 
the  interest  accumulated  thereon  at  the  times  of  such  in- 
crease of  shares,  and  may  dispose  of  the  same  at  not  less 
than  one  hundred  dollars  per  share,  as  hereinafter  provided. 

Sect.  2.  Three  hundred  and  thirty  thousand  dollars  of 
the  proceeds  of  said  shares  shall  be  appropriated  for  addi- 
tional expenditures  of  construction  of  the  road  and  its  ap- 
purtenances, between  Worcester  and  Albany,  and  for  en- 
gines and  cars  therefor ;  and  the  residue  thereof  may,  from 
time  to  time,  be  added  to  the  general  receipts  of  the  road, 
and  be  appropriated  as  the  directors  shall  judge  best  for 
the  interests  of  the  corporation  :  provided,  that  the  proceeds 
of  all  sales  of  shares,  to  a  greater  amount  than  the  sums 
annually  paid  into  the  sinking  funds,  shall  be  appropriated 
to  purposes  of  construction. 

Sect.  3.  Whenever  the  capital  stock  of  said  corporation 
shall  be  increased  as  herein  provided,  the  directors  shall, 
before  any  sale  of  the  new  shares  so  created,  give  notice 
thereof  in  writing  to  the  treasurer  of  the  Commonwealth, 
and  to  the  private  stockholders,  in  such  manner  as  they 
judge  best;  and  the  Commonwealth,  and  the  other  owners 
of  stock  at  the  time  of  such  increase,  may,  within  thirty 
days  after  such  notice,  take,  at  the  par  value  thereof,  their 
pr(iportion  of  such  increased  shares,  according  to  the  num- 
ber of  shares  in  such  capital  stock,  owned  by  them  sever- 
ally at  the  date  of  such  increase.  And  if  any  shares  then 
remain  unsold,  the  said  corporation  may  dispose  of  the  same 
at  not  less  than  the  par  value  thereof 

Sect.  4.  Whenever  notice  of  any  such  increase  of  capi- 
tal stock  shall  be  given  to  the  treasurer  of  the  Common- 
wealth, the  Governor  may,  if  he  judge  best,  instruct  the 
Ir-^iasurer  to  take  the  proportion  of  shares  to  which  the 
Commonwealth  may  be  entitled,  or  any  part  thereof;  and 


1845. Chap.  210—212.  535 

the  Governor,  with  advice  of  Council,  may  draw  his  war- 
rant on  the  treasurer  in  payment  therefor ;  or  he  may 
authorize  the  treasurer  to  give  the  note  of  the  Common- 
weahh  for  the  same,  or  any  part  thereof,  to  be  paid,  with 
interest,  whenever  provision  shall  be  made  by  law  therefor. 

Sect,  5.     This  act  shall  take  effect  from  and  after  its  when  to  take 
passage.     [Approved  by  the  Governor^  March  25,  1845. J         *^'^*''^^- 

An  Act  relating  to  Gaming.  Phnn^^  1 

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

Every  person  oftending  against  any  of  the  provisions  of  First  offence 
the  seventeenth   section  of  the  fiftieth  chapter  of  the  Re-  jra?d^abifs''&c, 
vised  Statutes,  shall,  upon  the  first  conviction  of  the  offence,  to  be  punished 
either  suffer  the  penalty  provided  for  the  offence   by  the  Rev!^fta".''chap, 
terms  of  said  section,  or  shall  be  imprisoned  in  the  house  of  50,  §  n,  or 
correction  for  a  term  not  exceeding  three  months,  at  the  ^^  imprison- 

,.  r     J        ■     ^  11111  ment,  itc.  not 

discretion  of  the  judge,  who  shall  award  the  sentence:  and  exceedings 
upon  any  conviction  of  the  offence  after  the  first,  the  person  ™°'nf ^i-  subse- 
so  convicted  shall  be  imprisoned  in  the  house  of  correction  byimprison- 
for  a  term  not   more    than    one  year.     \ Approved  bii  the  ment  &,c.  not 

y^  Ti/i         jni-.nj^i  \     J  r  V  exceeding  one 

Governor,  March  2o,  lo4o.J  year. 

An  Act  to  establish  the  city  of  New  Bedford.  CllCi'V^\'2 

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

Sect.  1.  The  inhabitants  of  the  town  of  New  Bedford  New  Bedford 
shall  continue  to  be  a  bodjr  politic  and  corporate,  under  the  '°  be  a  city. 
name  of  the  city  of  New  Bedford,  and  as  such  shall  have, 
exercise  and  enjoy  all  the  rights,  immunities,  powers  and 
privileges,  and  shall  be  subject  to  all  the  duties  and  obliga- 
tions, now  incumbent  upon  and  appertaining  to  said  town, 
as  a  municipal  corporation. 

Sect.  2.  The  administration  of  all  the  fiscal,  prudential  Administration, 
and  municipal  affairs  of  said  city,  with  the  government  i~namayor6a^ 
thereof,  shall  be  vested  in  one  principal  officer,  to  be  styled  dermen,  aiid24 
the   mavor ;    one   council   of  six,  to  be   denominated  the '^m'";?^""/"""' 

J         '  1  Q\\   QLC,  to  S€rve 

board  of  aldermen  ;  and  one  council  of  twenty-four,  to  be  without compen- 
denominated  the  common  council  :  which  boards,  in  their  ^^''O"- 
joint  capacity,  shall  be  denominated  the  city  council,  and 
shall  be  sworn  to  the  faithful  performance  of  the  duties  of 
their  respective  offices.  A  majority  of  each  board  shall 
constitute  a  quorum  for  the  transaction  of  business,  and  no 
member  of  either  board  shall  receive  any  compensation  for 
his  services. 

Sect.  3.     It  shall  be  the  duty  of  the    selectmen  of  the  Selectmen  to di- 
town  of  New  Bedford,  as  soon  as  may  be  after  the  passage  bto^o  wardT" 
of  this  act,  and  its  acceptance  by  the  inhabitants,  as  here-  &c 


536 


1845.- 


-Chap.  212. 


Arrangement 
thereof  to  be 
revised  every 
5  years  by  the 
city  council. 

Election  and 
duties  of  war- 
dens, clerks, 


and  inspectors 
of  elections. 


To  serve  under 
oath. 


Warrants  for 
ward  and  city 
meetings. 


Elections  of 
mayor,  alder- 
men, and  com- 
mon council 
men. 


inafter  provided,  to  divide  said  town  into  six  wards,  to  con- 
tain, as  nearly  as  conveniently  may  be,  an  equal  number  of 
inhabitants,  which  proceedings  of  the  selectmen  shall  be 
subject  to  the  revision  of  the  inhabitants,  at  a  meeting 
which  shall  be  called  for  that  purpose. 

And  it  shall  be  the  duty  of  the  city  council,  once  in  five 
years,  and  not  oftener,  to  revise,  and  if  it  be  needful,  to 
alter  said  wards,  in  such  manner  as  to  preserve,  as  nearly 
as  may  be,  an  equal  number  of  voters  in  each  ward. 

Sect.  4.  On  the  first  Monday  of  March,  annually,  there 
shall  be  chosen  by  ballot,  in  each  of  said  wards,  a  warden 
and  clerk,  who  shall  hold  their  ofiices  for  one  year,  and 
until  others  have  been  chosen  in  their  places.  And  it  shall 
be  the  duty  of  such  warden  to  preside  at  all  ward  meetings, 
with  the  powers  of  moderator  of  town  meetings.  And  if, 
at  any  such  meeting,  the  warden  shall  not  be  present,  the 
clerk  of  such  ward  shall  call  the  meeting  to  order,  and  pre- 
side until  a  warden,  pro  tempore,  shall  be  chosed  by  ballot. 
And  if,  at  any  meeting,  the  clerk  shall  not  be  present,  a 
clerk  pro  tempore  shall  be  chosen  by  ballot.  The  clerk 
shall  record  all  the  proceedings,  and  certify  the  votes  given, 
and  deliver  over  to  his  successors  in  office  all  such  records 
and  journals,  together  with  all  other  documents  and  papers 
held  by  him  in  said  capacity.  The  common  council  shall 
appoint  three  persons  in  each  ward,  who  shall  be  inhabi- 
tants of  the  wards  for  which  they  shall  be  respectively  ap- 
pointed, to  be  called  inspectors  of  elections,  whose  duty  it 
shall  be  to  assist  the  warden  in  receiving,  sorting  and  count- 
ing the  votes.  And  the  warden,  clerk  and  inspectors,  so 
chosen  and  appointed,  shall  respectively  be  under  oath 
faithfully  and  impartially  to  discharge  their  several  duties 
relative  to  all  elections,  which  oath  may  be  administered 
by  the  clerk  of  such  ward  to  the  warden,  and  by  the  war- 
den to  the  clerk  and  inspectors,  or  by  any  justice  of  the 
peace  for  the  county  of  Bristol.  And  all  warrants  for  the 
meetings  of  the  citizens  for  municipal  purposes,  to  be  held 
either  in  wards  or  in  general  meetings,  shall  be  issued  by 
the  mayor  and  aldermen,  and  shall  be  in  such  form,  and 
shall  be  served,  executed  and  returned  at  such  time,  and  in 
such  manner,  as  the  city  council  may,  by  any  by-law,  di- 
rect and  appoint. 

Sect.  5.  The  mayor  and  six  aldermen,  one  alderman 
being  selected  from  each  ward,  shall  be  elected  by  the  in- 
habitants of  the  city  at  large,  voting  in  their  respective 
wards,  and  four  common  council  men  shall  be  elected  from 
and  by  each  ward,  being  resident  in  the  wards  where  elect- 
ed :  all  said  officers  shall  be  chosen  by  ballot,  and  shall 
hold  their  offices  one  year  from  the  first  Monday  in  April, 
and  the  mayor  until  another  shall  be  elected  and  qualified 
in  his  place. 


1845 Chap.  212.  537 

Sect.  6.  On  the  first  Monday  in  March,  annually,  im-  ^g°';f„^''^°|'/^ 
mediately  after  a  warden  and  clerk  shall  have  been  elected  dectiofs.  ""^ 
and  sworn,  the  qualified  voters  in  each  ward  shall  give  in 
their  votes  for  a  mayor,  six  aldermen^  one  of  whom  shall 
reside  in  each  of  the  wards,  and  four  common  council  men  : 
all  the  votes  given  for  the  several  officers  respectively,  shall 
be  sorted,  counted,  declared  and  registered  in  open  ward 
meeting,  by  causing  the  names  of  persons  voted  for,  and 
the  number  of  votes  given  for  each,  to  be  written  in  the 
ward  records,  in  words  at  length.  The  ward  clerk,  within  Certificates  of 
twenty-four  hours  after  such  election,  shall  deliver  to  the  <='^'='^'°»- 
persons  elected  common  council  men,  certificates  of  their 
election,  signed  by  the  warden  and  clerk,  and  a  majority  of 
the  inspectors  of  election,  and  shall  faithfully  deliver  to  the 
city  clerk,  a  copy  of  the  records  of  such  election  also  cer- 
tified by  the  clerk,  warden,  and  a  majority  of  inspectors : 
provided^  however,  that  if  the  choice  of  common  council 
men  cannot  conveniently  be  effected  on  that  day,  the  meet- 
ing may  be  adjourned  to  another  day,  not  more  than  two 
days  thereafter,  to  complete  such  election.  The  board  of 
aldermen  shall,  as  soon  as  conveniently  may  be,  examine 
the  copies  of  (he  records  of  the  several  wards,  certified  as 
aforesaid,  and  shall  cause  the  person  who  shall  have  been 
elected  mayor  by  a  majority  of  the  votes  given  in  all  the 
wards,  to  be  notified  in  writing  of  his  election:  but  if  it  Proceedings  to 
shall  appear  that  no  person  shall  have  been  so  elected,  or  supply  vacau- 

I  1  IT  '  C16S  in  in6  oiiiCG 

if  the  person  elected  shall  refuse  to  accept  the  office,  the  of  mayor, 
board  shall  issue  their  warrants  for  another  election,  and 
the  same  proceedings  shall  be  had  in  all  respects  as  are 
herein  before  described,  for  the  choice  of  mayor,  and  repeat- 
ed from  time  to  time  until  a  mayor  shall  be  chosen.  In 
case  of  the  decease,  resignation  or  absence  of  the  mayor, 
and  the  same  being  declared,  and  a  vote  passed  by  the  al- 
dermen and  common  council  respectively,  declaring  the 
cause  and  expediency  of  electing  a  mayor  for  the  time 
being,  to  supply  the  vacancy  thus  occasioned,  the  alder- 
men and  CDmmon  council  may  meet  in  convention  and  elect 
a  mayor  to  hold  the  office  until  such  occasion  be  removed, 
or  until  a  new  election.  And  if  it  shall  appear  that  the  and  of  alder- 
whole  number  of  aldermen  shall  not  have  been  elected,  the  '"^"• 
same  proceedings  shall  be  had  as  are  herein  before  directed 
in  regard  to  the  choice  of  mayor.  And  each  alderman 
elected  shall  be  notified  in  writing  of  his  election  by  the 
mayor  and  aldermen  for  the  time  being. 

The  oath  prescribed  by  this  act  shall  be  administered  to  Administration 
the  mayor  by  the  city  clerk,  or  any  justice  of  the  peace  for  ,^f  oa'ihs°of  of- 
the  county  of  Bristol.  fice. 

The  aldermen  and  common  council  men  elect,  shall,  on 
the  first  Monday  of  April,  at  10  o'clock  in    the  forenoon, 
meet  in  convention,  when  the  oath  required  by  this  act 
69 


638  1845. Chap.  212. 

shall  be  administered  to  the  members  of  the  two  boards 
present,  by  the  mayor,  being  himself  first  sworn  as  afore- 
said, or  by  any  justice  of  the  peace  for  the  county  of  Bris- 
tol, and  a  certificate  of  such  oath  having  been  taken,  shall 
be  entered  in  the  journal  of  the  mayor  and  aldermen  and  of 
the  common  council,  by  their  respective  clerks. 
Record,  &c,  in      And  wheucver,  on  examination,  by  the  mayor  and  alder- 
[o  dioosl^'a""^^    men  for  the  time  being,   of  the  returns  of  votes  given  for 
mayor.  mayor  at  the  meeting  of  the  citizens  holden  for  the  purpose 

of  electing  that  officer,  last  preceding  the  first  Monday  of 
April,  in  each  year,  no  person  shall  appear  to  have  a  major- 
ity of  all  the  votes  given  for  mayor,  the  mayor  and  alder- 
men by  whom  such    examination  is   made,  shall  make  a 
record  of  that    fact,    an    attested  copy  of  which,    the  city 
clerk  shall  read,  at  the  opening  of  the  convention  to  be  held 
as  aforesaid  on  the  first  Monday  of  April. 
Organization  of      After  the  oath  required  by  this  act  shall  have  been    ad- 
common  coun-    ministered  as  aforesaid,  the  two  bodies  shall  separate;  and 
the  board  of  common  council  shall    be  organized  by  the 
choice  of  a  president  and  also  of  a  clerk,   who  shall  be  un- 
der oath  faithfully  to  perform  the  duties  of  his  oflice,  and 
who  shall  hold  his  office  during  the  pleasure  of  the  com- 
mon council. 
Proceedings  in        jj-,  (.9^53  of  the  Unavoidable  absence,  by  sickness  or  other- 
ofthe"mayor'"^^  wise,  of  the  mayor  elect,  on  the  first  Monday  of  April,  in 
eiectattiie        each  year,  the  city  government  shall  organize  itself  in  the 
zation!"^  °'^^^'"  Hiodc  herein  before  provided,    and  may  proceed  to  business 
in  the  same  manner  as  if  the  mayor  were  present,  and  the 
oath  required  to  be  taken  by  the  mayor  may,  at  any  time 
thereafter,  be  administered    as  herein  provided,  in  conven- 
tion of  the  two  branches. 
Mayor  pro  tem-      The  board  of  aldermen  may,  in  ttie  absence  of  the  mayor, 
P°'*'-  choose  a  presiding  officer  pro  tempore,  who  shall  preside  at 

Duties  of  each  joint  meetings  of  the  two  boards.  Each  board  shall  keep 
ords'^rrhts  t^"  ^  ^ecord  of  its  own  proceedings,  and  judge  of  the  elections 
seats,  and  new  of  its  owu  members ;  and  in  case  of  failure  of  election,  or 
elections.  vacaucy  by  death,  resignation  or  otherwise,  may  order  new 

elections.     And  in  case  of  any  such   vacancy,  declared  by 
either  body,  the  mayor  and  aldermen  shall  issue  their  war- 
rants for  a  new  election. 
Duties  of  Sect.  7.     The  mayor,  thus  chosen  and  qualified,  shall 

mayor.  -^^  ^Y^Q  chief  cxccutive  officer  of  said  city.     It  shall  be  his 

duty  to  be  vigilant  and  active  in  causing  the  laws  and  reg- 
ulations of  the  city  to  be  executed  and  enforced,  to  execute 
a  general  supervision  over  the  conduct  of  all  subordinate 
officers,  and  to  cause  their  violation  or  neglect  of  duty,  to 
be  punished.  He  may  call  special  meetings  of  the  board 
of  aldermen  and  common  council,  or  either  of  them,  when, 
in  his  opinion,  the  interests  of  the  city  require  it,  by  caus- 
ing a  summons  or  notification  to  be  left  at  the  usual  dwell- 


1845. Chap.  212.  539 

ing-place  of  each  member  of  the  board  or  boards  to  be 
convened.  He  shall,  from  time  to  time,  commmiicate  to 
both  of  them  such  information,  and  recommend  such  meas- 
ures, as  the  business  and  interests  of  the  city  may,  in  his 
opinion,  require.  He  shall  preside  in  the  board  of  aldermen, 
and  in  joint  meetings  of  the  two  boards,  but  shall  have  a 
casting  vote  only.  The  salary  of  the  mayor,  for  the  first  Compensation, 
year  in  v.'-hich  this  charter  shall  take  effect,  shall  be  eight 
hundred  dollars,  and  no  more.  He  shall  afterwards  be 
compensated  for  his  services  by  a  salary  to  be  fixed  by  the 
city  council,  payable  at  stated  periods,  and  shall  receive  no 
other  compensation;  but  such  compensation  shall  not  be 
increased  nor  diminished  during  the  term  for  which  he  is 
elected. 

Sect.  8.     The  executive  powers  of  said  city,  generally,  ^rrof'sdtc't-^ 
and  the  administration  of  police,  with  all  the  powers  here-  men  transferred 
tofore   vested  in  the   selectmen  of  New   Bedford,  shall  be  !^°^j'^j^^j^g''  ^"'^ 
vested  in  the  mayor  and  aldermen,  as  fully  as  if  the  same 
were  herein  specially  enumerated.     And  the  mayor  and  al-  or^^c.^hTre-' 
dermen  shall  have  full  and  exclusive  power  to  appoint  a  spect  to  ap- 
city  marshal  and  assistants,  and  a  constable,  or  constables,  P,°oyah^and'^^" 
and  all  other  police  officers,   and  may  remove  the  same,  licenses. 
when,  in  their  opinion,   sufficient  cause  for  the  removal 
exists.     And  the  mayor  and  aldermen  may  require  that  any 
person  who  may  be  appointed  a  constable  of  the  city  shall 
give  bonds,  with  such  security  and  to  such  amount  as  they 
may  deem  reasonable  and  proper,  before  he  shall  be  entit- 
led to  enter  upon  the  discharge  of  the  duties  of  his  office ; 
upon  which  bonds  the  like  proceedings  and  remedies  may 
be  had  as  are  by  law  provided  in  case  of  constables'  bonds 
required  by  selectmen   of  towns  in    this    Commonwealth. 
And  the  mayor  and  aldermen  shall  have  full  power  to  grant 
licenses  to  innholders,  victuallers  and  retailers   within  the 
city,  in  as  full  and  ample  a  manner  as  the  mayor  and  alder- 
men of  the  city  of  Boston,   by  virtue  of  the  laws  of  the 
Commonwealth. 

The  city  council  shall,  annually,  as  soon   after  their  or-  City  council  to 
ganization  as  may  be  convenient,   elect,    by  joint  ballot  in  certain^'officers. 
convention,  a  city  treasurer   and   collector   of  taxes,  fire- 
wards,  and  city  clerk,   and  shall,   in   such  manner  as  the 
city  council  shall  determine,  by  any  by-law  made  for  the 
purpose,  appoint  or  elect  all  subordinate  officers,  not  herein 
otherwise  directed,  for  the  ensuing  year,  define  their  duties, 
and  fix  their  compensation,  in  cases  where  such  duties  and 
compensations  shall  not  be  defined  and  fixed  by  the  laws 
of  this  Commonwealth.     All  sittings  of  the  common  coun-  Sittings  to  be 
cil  shall  be  public,  and  all  sittings  of  the  mayor  and  alder-  ^"^''^c^'''^' 
men,  when  they   are  not  engaged  in   executive  business. 
The  city  council  shall  take  care  that  moneys  shall  not  be  gafe  keeping, 
paid  from  the  treasury,  unless  granted  or   appropriated;  &c.  of  city 


540 


1845.- 


■Chap.  212. 


Mayor  to  nom- 
inate, &c. 


Provided,  &c. 


Duties,  &c.  of 
city  clerk. 


Overseers  of 
the  poor. 


School  commit- 
tee. 


Assessors. 


shall  secure  a  just  and  prompt  accountability,  by  requiring 
bonds,  with  sufficient  penalty  and  sureties,  from  all  persons 
trusted  with  the  receipt,  custody  or  disbursement  of  money  ; 
shall  have  the  care  and  superintendence  of  (he  city  build- 
ings, and  the  custody  and  management  of  all  city  proper- 
ty, with  the  power  to  let,  or  sell  what  may  be  legally  sold, 
and  to  purchase  property,  real  or  personal,  in  the  name  and 
for  the  use  of  the  city,  whenever  its  interests  or  conven- 
ience may,  in  their  judgment,  require  it  And  the  city 
council  shall,  as  often  as  once  a  year,  cause  to  be  published, 
for  the  use  of  the  inhabitants,  a  particular  account  of  the 
receipts  and  expenditures,  and  a  schedule  of  city  property. 

Sect.  9,  In  all  cases  in  which  appointments  are  directed 
to  be  made  by  the  mayor  and  aldermen,  the  mayor  shall 
have  the  exclusive  power  of  nomination, — such  nomina- 
tion, however,  being  subject  to  be  confirmed  or  rejected  by 
the  board  of  aldermen  :  j^trovided^  however^  that  no  persou 
shall  be  eligible  to  any  office,  the  salary  of  which  is  pay- 
able out  of  the  city  treasury,  who,  at  the  time  of  his  ap- 
pointment, shall  be  a  member  either  of  the  board  of  alder- 
men or  common  council.  And  neither  the  mayor,  nor  any 
alderman,  or  member  of  the  common  council,  shall,  at  the 
same  time,  hold  any  other  office  under  the  city  government. 

Sect,  10.  The  city  clerk,  chosen  by  the  city  council,  as 
provided  in  the  eighth  section,  shall  be  clerk  of  the  board 
of  aldermen,  and  shall  be  sworn  to  the  faithful  performance 
of  his  duties.  He  shall  perform  such  duties  as  shall  be 
prescribed  by  the  board  of  aldermen,  and  shall  perform  all 
the  duties,  and  exercise  all  the  powers,  by  law  incumbent 
upon  or  vested  in  the  town  clerk  of  the  town  of  New  Bed- 
ford. He  shall  be  chosen  for  one  year,  and  until  another  is 
chosen  and  qualified  in  his  place,  but  may  be,  at  any  time, 
removed  by  the  city  council. 

Sect.  11.  The  citizens,  at  their  respective  ward  meet- 
mgs,  to  be  held  on  the  first  Monday  of  March,  annually, 
shall  elect,  by  ballot,  one  person  in  each  ward  to  be  an 
overseer  of  the  poor ;  and  the  persons  thus  chosen  shall, 
with  the  mayor  of  the  city,  together  constitute  the  board  of 
overseers  of  the  poor,  and  shall  have  all  the  powers,  and  be 
subject  to  all  the  duties,  now  by  law  appertaining  to  the 
overseers  of  the  poor  for  the  town  of  New  Bedford.  And 
the  citizens  shall,  at  the  same  time  and  in  like  manner, 
elect  three  persons  in  each  ward  to  be  members  of  the 
school  committee ;  and  the  persons  so  chosen  shall  consti- 
tute the  school  committee,  and  have  the  care  and  superin- 
tendence of  the  public  schools.  And  the  citizens  shall,  at 
the  same  time  and  in  like  manner,  elect  one  person  in  each 
ward  to  be  an  assessor ;  and  the  persons,  thus  chosen  as- 
sessors in  the  several  wards,  shall  constitute  the  board  of 
assessors,  and  shall  exercise  the  powers,  and  be  subject  to 


1845. Chap.  212.  541 

the  duties  and  liabilities,  of  assessors  in  towns.  An  assist- 
ant assessor  for  each  ward  may  be  chosen,  in  the  same 
manner  as  is  herein  provided  for  the  choice  of  assessor, 
when  the  city  council  shall  so  order,  which  assistant  assess- 
ors shall  be  sworn  to  the  faithful  performance  of  their  du- 
ties. All  taxes  shall  be  assessed,  apportioned  and  collect- 
ed, in  the  manner  prescribed  by  the  laws  of  the  Common- 
wealth. Provided^  however^  that  the  city  council  may  es- 
tablish further  or  additional  provisions  for  the  collection 
thereof.  Should  there  fail  to  be  a  choice  of  overseers  of  fiii^^acaicfeVin 
the  poor,  members  of  the  school  committee,  assessors  or  said  boards. 
assistant  assessors,  in  any  ward,  the  vacancy  or  vacancies 
shall  be  filled  by  the  city  council  in  convention,  and  the 
candidates  for  the  several  vacancies  shall  be  determined  in 
the  same  manner  as  is  provided  by  the  Constitution  of  this 
State  for  fixing  upon  the  candidates  to  fill  any  vacancies 
which  may  exist  in  the  Senate  of  the  Commonwealth, 

Sect.  12.     The  city  council  shall  have  exclusive  author-  Power  of  city 

..,  xix  ^xi  1   council  in  res- 

ity  and  power  to  lay  out  any  new  street  or  town-way,  and  pect  lo  streets 
to  estimate  the  damages  any  individual  may  sustain  there-  and  ways. 
by ;  and  all  questions  relating  to  the  subject  of  laying  out, 
widening,  altering  or  discontinuing  any  street,  shall  be  first 
acted  upon  by  the  mayor  and  aldermen.  And  any  person 
aggrieved  by  the  decision  or  judgment  of  the  city  council, 
in  the  estimate  of  damages,  may  make  complaint  to  the 
county  commissioners  in  the  county  of  Bristol,  at  any 
meeting  held  within  one  year  after  such  decision,  where- 
upon the  same  proceedings  shall  be  had,  as  are  now  provi- 
ded by  the  laws  of  the  Commonwealth,  in  cases  v/here  per- 
sons are  aggrieved  by  the  assessment  of  damages  by  select- 
men, in  the  24th  chapter  of  the  Revised  Statutes, 

Sect.  13.  All  the  power  and  authority  now  by  law  Health  officers, 
vested  in  the  board  of  health  for  the  town  of  New  Bedford, 
shall  be  transferred  to,  and  vested  in,  the  city  council,  to  be 
carried  into  execution  by  the  appointment  of  health  com- 
missioners, or  in  such  other  manner  as  the  city  council  may 
deem  expedient. 

Sect.  14.     The  city  council  shall  have  authority  to  cause  Power  of  city 
drains  and  common  sewers  to  be   laid  down   through  any  pgcuo  dia'^Ts" 
streets  or  private  lands,  paying  the  owners  such  damage  as  and  common 
they  may  sustain  thereby,  and  to  require  all  persons  to  pay  gn^To'the  in- 
a  reasonable  sum  for  the  privilege  of  opening  any  drain  spection,  &c.  of 
into  said  public  drain  or  common  sewers.     And  may  make  wood,  &c. 
by-laws  with  suitable  penalties  for  the  inspection,  survey, 
admeasurement  and  sale  of  wood,  coal  and  bark,  brought 
into  the  city  for  sale. 

Sect.  15.     The  police  court  of  the  town  of  New  Bedford,  Police  Court, 
in  addition  to  its  present  powers  and  jurisdiction,  which 
are  hereby  continued  to  it,  shall  have  cognizance  of  all  of- 
fences against  the  by-laws  and  regulations  which  may  be 


542  1845. Chap.  212. 

established  by  the  city  council  of  the  city  of  New  Bedford, 
and  may,  on  conviction  thereof,  award  such  sentence  as  to 
law  and  justice  may  appertain.  And  any  person  aggrieved 
by  such  sentence,  may  appeal  therefrom  to  the  court  of 
common  pleas  for  the  county  of  Bristol,  under  the  restric- 
tions and  conditions  provided  by  lav/  in  other  cases  of  ap- 
peal from  said  court. 

And  in  all  prosecutions  by  complaint  before  the  said 
police  court,  founded  on  the  special  acts  of  the  Legislature, 
or  the  ordinances  or  by-laws  of  the  city  of  New  Bedford,  it 
shall  be  sufficient  to  set  forth,  in  such  complaint,  the  offence 
fully  and  plainly,  substantially  and  formally,  and  on  such 
complaint  it  shall  not  be  necessary  to  set  forth  such  special 
act,  by-law,  ordinance,  or  any  part  thereof,  and  the  provi- 
sions of  this  section,  with  regard  to  such  prosecutions,  shall 
also  apply  to  all  prosecutions  founded  on  the  by-laws  or 
ordinances  of  the  town  of  ]>iew  Bedford,  which  may  remain 
in  force  after  this  act  shall  go  into  operation. 
ro°uMii^odeL-  Sect.  16.  It  shall  be  the  duty  of  the  city  council,  in  the 
mine  number  mouth  of  October,  annually,  to  meet  in  convention,  and  de- 
tiveTrn'^Se'rai  ^ermine  the  number  of  representatives  to  be  elected  to  the 
Court,  &c.  General  Court  by  the  city,  in  such  year,  and  to  publish 
such  determination,  which  shall  be  conclusive,  and  the 
number  thus  determined  shall  be  specified  in  the  warrant 
calling  meetings  for  the  election  of  representatives. 
rnTafti"^-  '^ECT.  17.  All  elections  for  county,  State  and  United  States 
ings  for  election  officers,  who  are  voted  for  by  the  people,  shall  be  held  at 
s^ta^e°Emd'Fed-  meetings  of  the  citizens  qualified  to  vote  in  such  elections, 
era!  officers.  in  their  respective  wards,  at  the  time  fixed  by  law  for  those 
elections  respectively ;  and  at  such  meetings,  all  the  votes 
given  for  said  several  officers  respectively  shall  be  sorted, 
counted,  declared  and  registered  in  open  ward  meeting,  by 
causing  the  names  of  all  persons  voted  for,  and  the  number 
of  votes  given  for  each,  to  be  written  in  the  ward  record, 
in  words  at  length.  The  ward  clerk  shall  forthwith  deliver 
to  the  city  clerk  a  certified  copy  of  the  record  of  such  elec- 
tions. The  city  clerk  shall  forthwith  record  such  returns. 
And  the  mayor  and  aldermen  shall,  within  two  days  after 
every  such  election,  examine  and  compare  all  said  returns, 
and  make  out  a  certificate  of  the  result  of  such  elections  to 
be  signed  by  the  mayor  and  a  majority  of  the  aldermen, 
and  also  by  the  city  clerk,  which  shall  be  transmitted  or 
delivered  in  the  same  manner  as  similar  returns  are  by  law 
directed  to  be  made  by  selectmen  of  towns.  And  in  all 
elections  for  representatives  to  the  General  Court,  in  case 
the  whole  number  proposed  to  be  elected  shall  not  be  chosen 
by  a  majority  of  the  votes  legally  returned,  the  mayor  and 
aldermen  shall  forthwith  issue  their  warrant  for  a  new 
election,  conformably  to  the  provisions  of  the  Constitution 
and  the  laws  of  the  Commonwealth, 


1846. Chap.  212.  543 

Sect.  18.  Prior  to  every  election,  the  mayor  and  alder-  Lists  of  voters. 
men  shall  make  out  lists  of  all  the  citizens  of  each  ward, 
qualified  to  vote  in  such  elections,  in  the  manner  in  which 
selectmen  of  towns  are  required  to  make  out  lists  of  voters; 
and,  for  that  purpose,  they  shall  have  full  access  to  the 
assessors'  books  and  lists,  and  be  entitled  to  the  aid  and 
assistance  of  all  assessors,  assistant  assessors,  and  other 
city  officers,  and  they  shall  deliver  said  lists,  so  prepared 
and  corrected,  to  the  clerk  of  said  ward,  to  be  used  at  such 
elections;  and  no  person  shall  be  entitled  to  vote  whose 
name  is  not  borne  on  such  list. 

Sect.  19.  General  meetings  of  the  citizens  qualified  to  Meetings  of  the 
vote,  may,  from  time  to  time,  be  held,  to  consult  upon  the  '^'''^®"^- 
public  good,  to  instruct  their  representatives,  and  to  take 
all  lawful  measures  to  obtain  redress  of  any  grievances, 
according  to  the  right  secured  to  the  people  by  the  Consti- 
tution of  this  Commonwealth  ;  and  such  meetings  may  and 
shall  be  duly  warned  by  the  mayor  and  aldermen,  upon  the 
requisition  of  thirty  qualified  voters. 

Sect.  20.     For  the  purpose  of  organizing  the  system  of  ^""^^  °/?^"'^^' 

1  I  1  1  •    I       1  1  -1  •  tion  01  city  gov- 

government  hereby  established,  and  putting  the  same  into  emment. 
operation  in  the  first  instance,  the  selectmen  of  the  town  of 
New  Bedford,  for  the  time  being,  shall,  on  some  day  during 
the  months  of  March  or  April,  of  the  present  year,  issue 
their  warrants,  seven  days  at  least  previous  to  the  day  so 
appointed,  for  calling  meetings  of  the  said  citizens,  at  such 
place  and  hour  as  they  may  deem  expedient,  for  the  pur- 
pose of  choosing  a  warden  and  clerk  for  each  ward,  and 
also  to  give  in  their  votes  for  mayor  and  six  aldermen,  one 
from  each  ward,  four  common  council  men,  one  overseer  of 
the  poor,  three  members  of  the  school  committee,  and  one 
assessor  from  each  ward  ;  and  the  transcripts  of  the  records 
of  each  ward,  specifying  the  votes  given  for  a  mayor,  six 
aldermen,  four  common  council  men,  one  overseer  of  the 
poor,  three  members  of  the  school  committee,  and  one  as- 
sessor, certified  by  the  warden  and  clerk  of  such  ward,  at 
said  first  meeting,  shall  he  returned  to  the  said  selectmen, 
whose  duty  it  shall  be  to  examine  and  compare  the  same ; 
and  in  case  said  elections  should  not  be  completed  at  the 
first  meeting,  then  to  issue  new  warrants  until  such  elec- 
tions shall  be  completed,  and  to  give  notice  thereof  in  the 
manner  hereinbefore  directed  to  the  several  persons  elected. 
And  at  said  first  meeting,  any  inhabitant  of  said  ward, 
being  a  legal  voter,  may  call  the  citizens  to  order,  and  pre- 
side until  a  warden  shall  have  been  chosen.  And  at  said 
first  meeting,  a  list  of  voters  in  each  ward,  prepared  and 
corrected  by  the  selectmen  for  the  time  being,  shall  be  de- 
livered to  the  clerk  of  each  ward,  when  elected,  to  be  used 
as  hereinbefore  directed.  And  the  selectmen  shall  appoint 
such  time  for  the   first  meeting  of  the  city  council  as  they 


544  1846. Chap.  212. 

may  judge  proper  after  the  choice  of  the  city  officers  as 
aforesaid,  or  a  majority  of  the  members  of  both  branches, 
not  later  than  the  first  Monday  of  May,  in  the  year  one 
thousand  eight  hundred  and  forty-five,  and  shall  also  fix 
upon  the  place  and  the  hour  of  said  first  meeting,  and  no- 
tice of  the  day,  hour  and  place  of  said  first  meeting  shall 
be  published  in  one  or  more  newspapers,  printed  in  said 
town,  and  a  written  notice  thereof  shall  be  sent,  by  said 
selectmen,  to  the  place  of  abode  of  each  of  the  city  officers 
chosen  as  provided  in  this  section.  And  after  this  first 
election  of  city  officers,  and  this  first  meeting  for  the  organ- 
ization of  the  city  council,  as  in  this  section  is  provided, 
the  day  of  holding  the  annual  elections,  and  the  day  and 
hoar  for  the  meeting  of  the  city  council,  for  the  purpose  of 
organization,  shall  remain  as  provided  in  the  sixth  section 
of  this  act. 

And  it  shall  be  the  duty  of  the  city  council,  immediately 
after  the  first  organization,  to  elect  all  necessary  city  offi- 
cers, who  shall  hold  their  offices  respectively  until  the  first 
Monday  in  April  then  next,  and  until  others  are  chosen 
and  qualified.  And  at  the  meetings  to  be  called  as  provi- 
ded in  this  section,  for  the  choice  of  ward  and  city  officers, 
the  said  inhabitants  may  and  shall  also  give  in  their  votes 
for  county  officers,  which  votes  shall  be  recorded,  certified 
and  returned  in  the  manner  provided  in  the  seventeenth 
section  of  this  act. 
Power  of  city  Sect.  21.  The  city  couucil  shall  have  power  to  make 
byTaws!° '"^''^  all  such  salutary  and  needful  by-laws  as  towns,  by  the 
laws  of  this  Commonwealth,  have  power  to  make  and 
establish,  and  to  annex  penalties  not  exceeding  twenty  dol- 
lars, for  the  breach  thereof,  which  by-laws  shall  take  effect 
and  be  in  force  from  and  after  the  time  therein  respectively 
limited,  without  the  sanction  of  any  court,  or  other  author- 
Provided,  Si,c..  ity  whatever:  provided,  however,  that  all  laws  and  regula- 
tions now  in  force  in  the  town  of  New  Bedford  shall,  until 
they  shall  expire  by  their  own  limitation,  or  be  revised  or 
repealed  by  the  city  council,  remain  in  force,  and  all  fines 
and  forfeitures  for  the  breach  of  any  by-law,  or  ordinance, 
shall  be  paid  into  the  city  treasury. 
AnnuaUown  Sect.  22.     The  annual   town   meeting  for  the  town  of 

pende^&c.',  Ncw  Bedford,  which  by  law  is  to  be  held  in  the  month  of 
and  town  offi-  February,  March  or  April,  is  hereby  suspended,  and  all 
over,&c°  town  officcrs  now  in  office  shall   hold  their  places  until  this 

Proceedings  in   act  shall  go  iuto  Operation,  and  in  case  this  charter  shall 
ceptance  ofthb  uot  be  accepted  in  the  manner  and  form  as  hereinafter  pro- 
charter,  vided,  then  the  selectmen  shall  issue  their  warrant  accord- 
ing to  law  for  holding  the  annual   town  meeting  of  the  in- 
habitants, in  which  all  the  proceedings  shall  be  the  same 
as  if  ihis  act  had  not  been  passed. 


1845. Chap.  212—214.  645 

Sect.  23.     All  officers  of  the  town  of  ISew  Bedford,  hav-  delivery  of 
ing  the  care  and  custody  of  any  records,  papers  or  property  cfty°derk^'^"  *" 
belonging  to  said  town,  shall  deliver  the  same  to  the  city 
clerk,  within  one  week  after  his  entering  upon  the  duties 
of  his  office. 

Sect.  24.     All  such  acts,  and  parts  of  acts,  as  are  incon-  Repeal  of  in- 
sistent with  the  provisions  of  this  act,   shall  be,   and  the  vuS!"*  ^'*" 
same  are,  hereby  repealed. 

Sect.  25.  Nothing  in  this  act  contained,  shall  be  so  con-  Legislature  may 
strued  as  to  prevent  the  Legislature  from  altering  or  amend-  fhirac^^  ^"^°** 
ing  the  same,  whenever  they  shall  deem  it  expedient. 

Sect.  26.     This  act  shall  be  void  unless  the  inhabitants  Act  to  be  void 
of  the  town  of  New  Bedford,  at  a  legal  town  meeting  call-  "°iess  accepted 

1     ,-  ,  ,11,  ^     -     ,  />  ^  ,       *  ^     ,        oy  inhabitants, 

ed  tor  that  purpose,  shall,  by  a  vote  ot  three  fifths  of  the  &c. 
voters  present  and  voting  thereon,  by  a  written  vote,  deter- 
mine to  adopt  the  same  within  fourteen  days  after  its  passage. 

Sect.  27.     This  act   shall  go  into  operation,  from  and  When  to  take 
after  its  passage.     [Approved  by  the  Governor^  March  25,  ^^**^*' 
1845.] 

An  Act  relating  to  Religious  Societies.  Chcip^XS. 

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

Sect.    1.     Any  corporation  for  religious  purposes   may  i"  meeting- 
assess,  upon  the  pews  m  any  meeting-house  which  they  may  ereTed'^orpfi!' 
hereafter  erect,  or  procure  for  public  worship,  according  to  cured,  societies 
a  valuation  of  said  pews,  which  shall  be  first  agreed  upon  J^ews^ccord^ing 
and  recorded  by  the  clerk,  any  sum  or  sums  of  money,  for  to  a  valuation, 
the  support  of  public  worship,  and  other  parochial  charges,  ^^■ 
and  for  the  repairs  of  their  meetinghouse:  and  all  such  Collection  of  as- 
assessments  may  be  collected  in  the  manner  provided  in  ^^*^™^°'^- 
the  thirty- second,  thirty-third,  and  thirty-fourth  sections  of 
the  twentieth  chapter  of  the  Revised  Statutes. 

Sect.  2.     This  act  shall   take  efiect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  25,  1845.] 


effect. 


An  Act  concerning  Public  Schools.  Ch(l'D'2,\At 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  a?id  by  the  authority  of 
the  same,  as  follows  : 

Any  child,  unlawfully  excluded  from  pubHc  school  in- Remedy  for  nn- 
struction,   in  this  Commonwealth,  shall  recover  damages  1?'^'^  ^m.'"^'°° 

1  r        ■  1  ,       ,  ,       •        1  "*""  public 

thereior,  in  an  action  on  the  case,  to  be  brought  m  the  name  school  instmc- 
of  said  child,  by  his  guardian  or  next  friend,  in  any  court  *'°"- 
of  competent  jurisdiction  to  try  the  same,  against  the  city 
or  town  by  which  such  public  school  instruction  is  supported. 
[Approved  by  the  Governor.  March  25,  1845.] 
70 


546 


1845.- 


-Chap.  215—217. 


Chap2\5. 


An  Act  relating  to  Embezzlement. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,   and  by  the  authority  of 
the  same,  as  follows  : 
Liability  of  offi-      The  provisiotis  of  the  tenth  section  of  the  133d  chapter 
cersof  banks,to  of  the  Revised  Statutes,  shall  also  apply  to  all  prosecutions 

DC  the  s3.rnG  £is  i  jt    --  i 

that  of  clerks,     of  a  similar  nature,  against  presidents,  directors,  cashiers, 
&c.  of  individ-  qj.  other  officers  of  banks.      [Approved  by  the  Governor, 
March  25,  1845.] 


Chap  216. 


Abduction  of 
unmarried  wo- 
men, &c.  a  mis- 
demeanor pun- 
ishable by  im- 
prisonment, &.C, 
or  by  fine  not 
exceeding 
glOOO,  or  by 
fine  and  impris- 
onment in  com- 
mon jail. 


Prosecutions  to 
be  commenced 
wrthin  2  years 
after  misde- 
meanor. 


Chap2ll. 


In  case  of  fail- 
ure of  election 
of  mayor,  or  of 
a  full  board  of 
aldermen,  in 
cities  whose 
city  council 
shall  adopt  this 
act,  the  alder- 
men chosen 
shall  issue  their 
warrant  for  an 
election,  &c. 


In  case  of  fail- 
ure to  elect  a 


mayor  or  any 
aldermea  within 


An  Act  to  punish  Abduction. 

BE  it  enacted  by  the  Seriate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same : 

Sect.  1.  Any  person  who  shall  fraudulently  and  deceit- 
fully entice  or  take  away  any  unmarried  woman,  of  a  chaste 
life  and  conversation,  from  her  father's  house,  or  whereso- 
ever else  she  may  be  found,  for  the  purpose  of  prostitution, 
at  a  house  of  ill  fame,  assignation,  or  elsewhere,  and  every 
person  who  shall  aid  and  assist  in  such  abduction,  for  such 
purpose,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  punished  by  confinement  to  hard 
labor,  m  the  state  prison,  for  a  term  not  exceeding  three 
years,  or  by  imprisonment  in  the  common  jail,  for  a  term 
not  exceeding  one  year,  or  by  fine  not  exceeding  one  thou- 
sand dollars,  or  by  both  such  fine  and  imprisonment  in  the 
common  jail,  in  the  discretion  of  the  court. 

Sect.  2.  All  prosecutions  under  the  provisions  of  this 
act  shall  be  commenced  within  two  years  from  the  commis- 
sion of  the  offence,  and  not  afterwards.  [Approved  by  the 
Governor,  March  25,  1845. J 

An  Act  providing,  in  certain  cases,  for  the  Election  of  City  Officers. 

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

Sect.  I.  Whenever  it  shall  appear,  by  the  regular  returns 
of  the  elections  of  the  city  officers,  in  any  city  in  this  Com- 
monwealth, which,  by  a  vote  of  its  city  councils,  shall  adopt 
this  act,  that  a  mayor  has  not  been  chosen,  or  that  a  full 
board  of  aldermen  has  not  been  elected,  such  of  the  board 
of  aldermen,  whether  they  constitute  a  quorum  or  not,  as 
may  have  been  chosen,  shall  issue  their  warrant,  in  usual 
form,  for  the  election  of  a  mayor,  or  such  members  of  the 
board  of  aldermen  as  may  be  necessary,  and  the  same  pro- 
ceodiugs  shall  be  had  and  repeated,  until  the  election  of  a 
mayor  and  aldermen  shall  be  completed,  and  all  vacancies 
be  filled  in  the  said  board  ;  and  in  case  neither  a  mayor  nor 
any  aldermen  shall  be  elected  at  the  usual  time  for  electing 
the  same,  and  after  the  powers  of  the  former  mayor,  and 


1845. Chap.  217—218.  647 

maj^'or  and  aldermen,  shall  have  ceased,  it  shall  be  the  duty  the  usual  time, 
of  the  president  of  the  common  council,  to  issue  his  warrant,  feniofthrcom- 
in  the  same  manner  as  the  board  of  aldermen  would  have  mon  council 
done,  if  elected,  and  the  same  proceedings  shall  be  had  and  ^''arJant"^c.^ 
repeated,  until  a  mayor,  or  one  or  more  aldermen,  shall  be 
elected. 

Sect.  2.     Whenever  it  shall  appear  to  the  mayor  and  in  case  of  a  va- 
aldermen,  that  there  is  a  vacancy  in   either  the  board  of  boar^ofai-*^ 
aldermen,  or  in  the  common  council,  or  in  any  of  the  city  dermenorin 
or  ward  offices,  it  shall  be  the  duty  of  the  mayor  and  al-  cou.^ci'i^'th'e" 
dermen  to  issue  their  warrant  for  elections,  in  due  form,  to  mayor  and  ai- 
fill  all  such  vacancies  in  each  and  ail  of  the  said  boards  and  £urthei5  war- 
offices,  at  such  time  and  place  as  in  their  judgment  may  be  rant,  &.c. 
deemed  advisable. 

Sect.  3.     It  shall  be  the  duty  of  all  ward  officers,  author-  Ward  officers 
ized  to  preside  and  act  at  such  elections,  to  attend  and  per-  ■','^!;'[ ,^^[;'^°g "^p 
form   their  respective  duties,  at  the  linjes  and  places  ap-  aii^i  in  case  of  ' 
pointed  for  elections  of  any  officers,  whether  of  tlie  United  their  ahsmce, 

■T,  _.  .  i  1  1  T      -  I  their  orhces 

tetates,  State,  city,  or  wards,  and  to  make  and  sign  the  rcg-  may  i^e  filled 
ular  returns  of  the  same  ;  and  in  case  of  the  absence  of  any  vrotempore,&Lz. 
or  either  of  the  ward  officers,  at  any  meeting  for  elections, 
or  other  purposes,  such  office  may  be  filled,  |)ro  tempore, 
by  the  legal  voters  present,  which  may  be  done  by  nomina- 
tion and  hand  votes,  if  the  voters  present  so  determine. 

Sect.  4,     In  case  of  the  nnn-eleclion   of  a  mayor,  the  in  case  of  fail- 
chairman  of  the  board  of  aldermen  shall  discharge  all  the  ll^ay^r.^^Ihe'  ^ 
duties  incumbent  on  the  mayor  of  the  city,  prescribed  by  chairman  of  the 
the  city  charter,  or  any  other  law,  or  any  ordinance  of  any  ^^J'n'^shfirbl^'" 
city  adopting  this  act,  which  now  or  hereafter  may  be  re-  mayor  pro  tem- 
quired   of  him,  until  a  mayor  shall  be  chosen   and  duly  ^'"■^'•^<=- 
sworn  to  the  discharge  of  his  duties  ;  and  such  chairman, 
with  the  board  of  aldermen,  shall  discharge  all  the  duties 
incumbent  on  the  mayor  and  aldermen. 

Sect.  5.     All  city  officers,  after  their  election,  shall  be  City  officers 
held  to  discharge  the  duties  to  which  they  have  been  elect-  lo^ll't'^Sw^h- 
ed,  being  residents  of  the  ward  at  the  time  of  their  election,  standingromo- 
notwilhstanding  their  removal  afterwards  out  of  their  ward  ^^^d.""' ^^'^ 
into  any  other  ward  of  the  city.     [Approved by  the  Governor, 
March  25,  1845.] 

An  Act  concerning  the  Fitchburg  Rail-road  Company.  Chap'21S. 

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

Sect.  1.     The  Fitchburg  Rail-road  Company  are  hereby  May  rubscribe 
authorized  to  subscribe  to  the  capital  stock  of  the  Vermont  fj^omand''^ 
and  Massachusetts  Rail-road  Company,  to  an  amotnit  not  Massachusetts 
exceeding  four   hundred   thousand  dollars  :  provided,  such  JJ-^^'Xc'.^'^'" 
subscription  be  first  sanctioned  and  approved  by  the  vote  of 


648  1845. Chap.  218—219. 

a  majority  of  the  directors  of  the  said  Vermont  and  Massa- 
chusetts Rail-road  Company. 
May  purchase,        Sect.  2.     The  Fitchburg  Rail-road  Company  are  hereby 
t^e  b^rdffe°^&c.  authorized  to  contract  for  the  purchase,  or  lease,  and  use  of 
of  the  Boston     a  part  of  the  bridge,  lands  and  depots  of  the   Boston  and 
^a/Exten^iou'  Maine  Rail-road  Extension  Company,  lying  between  the 
Company,  and    track  of  Said  Fitchburg  Rail-road  Company  and  Haymarket 
road^ "^°° '*^     Square,  in  the  city  of  Boston  ;  and  upon  the  completion  of 
said  contract,  the  Fitchburg  Rail-road  Company  may  con- 
nect the  rail-roads  of  the  two  companies  by  proper  turn-outs 
and  switches. 
Restrictions  .Sect.    3.      The    Fitchburg    Rail-road   Company,    while 

upon  right  of      holding  stock  in  said  Vermont  and  Massachusetts  Rail-road 

voting  on  atiairs  o  •  r     i  ■  x, 

of  the  Vermont  Company,  shall  not,  at  the  meetings  ot  that  corporation,  be 
andMassachu-    entitled  to  any  vote  for  any  shares  beyond  one  twentieth 

setts  Company.  -     ,  f     ,  ,        '  r      ^  /•     i  i        r         •  i 

part  of  the   whole  number  oi  shares  oi  the  stock  oi  such 
corporation,  nor  be  entitled  to  any  vote  upon  the  making  or 
authorizing  any  contract  between  the  two  companies. 
Maycreatenew      JSect.  4.     Thc   Fitchburg  Rail-road  Company  may,  in 
ceedin"^'^^       addition   to  their  capital   now  authorized  by  law,   create 
^500,000.  new  stock  to  an  amount  not  exceeding  five  hundred  thou- 

sand dollars. 
When  to  take         Sect.  5.     This  act  shall  not  take  effect,  until  the  same 
effect.  shall  have  been  accepted  by  a  majority  in  interest  of  the 

stockholders  of  the  Fitchburg  Rail-road  Company,  at  a 
legal  meeting  called  for  the  purpose.  [Approved  by  the 
Governor,  March  25,  1845.] 

ChcLD^  19    "^'^  ■'^^^  ^^  addition  to  an  Act  to  incorporate  the  Spot  Pond  Aqueduct  Company. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General   Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Repeal  of  indi-       Sect.  1.     So  much  of  the  sccoiid  section  of  the  act,  to 
viduai  liability    vvhicli  this  is  in  addition,  as  is  contained  in  the  following 
words,  "  and  the  stockholders  shall   be  individually  liable 
for  all  debts  of  the  corporation,"  is  hereby  repealed. 
Timeforcom-        Sect.  2.     The  time  prescribed  by  the  twelfth  section  of 
ducteltendedto  ^^^  ^*^^'  *^  which  this  act  is  in  addition,  for  completing  the 
March 24, 1848,  aqueduct  therein  named,  is  hereby  extended   two    years; 
and  for  laying    ^^^^  iYiq  ^jnie  prescribed  in  the  said  section  of  the  said  act, 
fo°Sepi. 24,1845.  for  laying  a  portion  of  the  iron  pipes  of  said  aqueduct,  is 

hereby  extended  one  year. 
Powers  and  lia-  Sect.  3.  Thc  Said  Spot  J^oud  Aqueduct  Company,  may 
pany^^  °  ''°'"'  exercisc  all  the  powers,  and  shall  be  subject  to  all  the  duties, 
liabilities  and  provisions  of  the  thirty-eighth  and  fortieth 
chapters  of  the  Revised  Statutes.  [Appioved  by  the  Gov- 
ernor. March  25,  \Mry.] 


1845. Chaf.  220.  649 

An  Act  for  supplying  the  City  of  Boston  with  Pure  Water.  CAfto220. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  autliority  of 
the  same,  as  follows  : 

Sect.  1.     The  city  of  Boston  is  authorized,  in  the  manner  city  may  obtain 
hereinafter  provided,  to  convey  into  and  thronah  the  said  )^'^'®['''°^ 

.  .  ^  r    ^1        1  !->•  ^     r  •     .   Charles  Kiver, 

City,  the  waters  oi  Charles  Kiver,  at  and  irom  some  pomt  Watenown, 

in  the  town  of  Watertown,  with  the  consent  of  said  town,  &c.,  or  from 

to  be  determined  npon  by  tiie  commissioners  to  be  appointed  &c"fnNatick, 

under  this  act,  or  the  waters  of  Long  Pond,  so  called,  in  <^c. 

the  towns  of  Natick,  Wayland,  and  Framinghani,  and  the 

waters  which  may  flow  into  and  from  the  same,  and  to 

take  and  hold  the  said  Long  Pond,  and  the  waters  flowing 

into  and  from   the  same,  and  also  any  other  ponds  and 

streams  within  the  distance  of  four  miles  of  said  l^ong  Pond, 

for  the  purpose  of  furnishing  a  supply  of  pure  water  for  said 

city,  and  the  city  government  shall  determine,  hy  a  majority 

of  votes    in  joint  ballot,  from  which  source   to  bring  this 

water. 

Sect.  2.     The  said  city  of  }3oston  rnay  take  the  waters  of  Way  take  wa- 
said  Charles  River,  or  of  said  ponds  and  streams,  or  either  R^ve^^^r^of'slld 
of  them,  and  any  water   rights  connected   therewith,  and  ponds' &c.,  and 
may  also  take  and  hold  any  real  estate  necessary  for  laying  aqueducts  &c 
aqueducts  and  forming  reservoirs,  and  for  any  of  the  pur-  and  construct 
poses  of  this  act,  and   may  build  one  or  more  permanent  ^i"educts, 

^  ,  ,        1 .    '       ^  ;  .  T  ^  .  1   dams,  and  re- 

aqueducts  leadmg  irom   the  said   water  sources  into  and  servoirs,  (fcc. 
through  the  city,  and  secure  and  maintain  the  same  by  any  ^^^terr&c"'^ 
proper  works,  and  may  connect  the  said  water  sources  with  and  cross  and 
one  another,  may  erect  and  maintain  dams  to  raise  and  re-  dig  up  high- 
tain  the  waters  therein,  and  make  and  maintain  reservoirs 
within  and  without  the  city,  and  in  general  may  do  any 
other  act  necessary  or  convenient  for  the  purposes  of  this 
act,  and  may  distribute  the  water  throughout  the  city,  reg- 
ulate its  use,  and  the  price  to  be  paid  therefor,  within  and 
without  tlie  city;  and  the  said  city,  for  the  purposes  afore- 
said, may  carry  any  works  by  them  to  be  constructed,  over 
or  under  any  highway,  town-way,  street,  turnpike  road,  or 
rail-road,  in  such  manner  as  not  to  obstruct  or  impede  travel 
thereon  ;  and  may  enter  upon   and  dig  up  any  highway, 
town-way,  turnpike  road  or  street,  for  the  purpose  of  laying 
down  pipes  beneath  the  surface  thereof,  or  for  the  purpose 
of  repairing  the  same. 

Sect.  3.     The  said  city  is  also  authorized   to  purchase  May  purchase 
and  hold  all  the  property,  estates,  rights  and  privileges  of  o[X  Jamaica 
the  aqueduct  corporation,  incorporated   by  an   act  passed  Pond  Aqueduct 
February  twenty-seven,  in   the  year  one  thousand  seven  ^orpofation, 
liundred  and  ninety-five,  and  by  any  convenient  mode  may 
connect  the  same  with  their  other  works. 

Sect.  4.     All  the  authority  hereinbefore  given  shall  be  Authority  to  be 

cxcrcisGcl  DV 

exclusively  exercised  through  and  by  commissioners  to  be  commissioners. 


550 


1845.- 


-Chap.  220. 


Election  of 
commissioners. 


Their  compen- 
sation. 


Chief  commis- 
sioners. 


Removal  of 
commissioners. 


Remedy  ofown- 
ersof  lands,  &-C, 
in  case  of  disa- 
greement as  to 
clamages. 


appointed  as  hereinafter  directed,  until  the  office  of  com- 
missioners shall  cease  as  hereinafter  provided. 

Sect.  5.  Three  commissioners  shall  be  chosen  by  ballot, 
by  the  mayor,  aldermen,  and  common  council,  assembled 
in  convention  ;  and  any  vacancy  in  the  board  of  commis- 
sioners shall  be  filled  in  the  same  manner.  Before  the  elec- 
tion of  said  commissioners,  the  mayor  and  aldermen  and 
common  council,  in  convention  as  aforesaid,  shall  establish 
and  fix  the  compensation  to  be  paid  to  the  said  commission- 
ers during  the  progress,  and  until  the  completion  of  the 
works  herein  provided  for  :  provided,  hov)ever,  that  such 
compensation  shall  not  be  fixed  at  a  less  sum  than  three 
thousand  dollars  or  more  than  five  thousand  dollars  a  year 
for  each  commissioner  during  said  time;  and  shall  also  fix 
and  establish  the  compensation  to  be  paid  to  each  commis- 
sioner after  the  completion  of  said  works  :  provided,  that 
such  last  mentioned  compensation  shall  not  be  fixed  at  a 
less  sum  than  one  thousand  dollars  a  year  for  each  commis- 
sioner. And  whereas  it  may.  after  the  completion  of  said 
works,  be  expedient  that  one  of  said  commissioners  should 
be  chiefly  charged  with  the  care  and  superintendence  of  the 
said  works,  the  collection  of  rents,  and  the  general  execu- 
tive duties  of  the  board  ;  one  of  the  said  board  shall  be  de- 
signated as  chief  commissioner  by  the  mayor  and  aldermen 
and  common  council,  in  like  manner  as  is  herein  provided 
for  the  original  choice ;  and  the  said  chief  commissioner 
shall  be  paid,  in  addition  to  his  other  salary,  a  further  sum 
not  exceeding  two  thousand  dollars  a  year;  and  the  respect- 
ive salaries  hereby  provided  for  said  commissioners,  shall 
not  be  reduced  during  their  continuance  respectively  in  said 
office. 

Sect.  6.  Every  commissioner  appointed  as  aforesaid, 
shall  remain  in  office  until  removed  by  the  mayor  and 
aldermen  and  common  council  assembled  in  convention  as 
aforesaid  ;  and  no  commissioner  shall  be  liable  to  be  re- 
moved except  for  incapacity,  mismanagement,  or  unfaith- 
fulness in  the  discharge  of  the  duties  of  his  office,  nor 
without  having  had  an  opportunity  to  be  heard  before  such 
convention,  nor  unless  Ihree-fonrths  of  the  persons  elected 
as  aldermen  and  members  of  the  common  council  in  con- 
vention as  aforesaid  shall  vote  for  such  removal. 

Sect.  7.  If  any  owner  of  lands,  waters,  or  water-rights, 
taken  for  the  purposes  of  this  act,  sh.all  not  agree  with  the 
said  city  upon  the  price  to  be  paid  therefor,  he  may,  at  any 
time  within,  but  not  after  three  years  from  the  time  of  such 
taking,  apply  by  petition  to  the  court  of  common  pleas,  hold- 
en  within  and  for  the  county  in  which  such  lands,  waters, 
or  water-rights  shall  have  been  taken,  either  before  or  dur- 
ing any  term  of  such  court,  and,  after  fourteen  days'  notice, 
which  may  be  given  by  leaving  a  copy  of  such  petition  with 


1845. Chap.  220.  561 

the  mayor  of  said  city,  the  court  may  proceed  to  the  hear- 
ing of  the  petitioner  upon  the  appearance  or  default  of  the 
adverse  party ;  and  the  said  court  may  thereupon  appoint 
three  disinterested  persons,  being  freeholders  and  inhabit- 
ants of  this  Commonwealth,  to  determine  the  damages,  if 
any,  which  such  petitioner  may  have  sustained  ;  and,  after 
reasonable  notice  to  the  parties,  to  estimate  such  damages ; 
and  the  award  of  the  persons  so  appointed,  or  of  the  major 
part  of  them,  shall  be  binding  and  conclusive  upon  the  par- 
ties, and  shall  be  returned  by  them,  as  soon  as  may  be,  into 
the  said  court ;  and,  upon  the  acceptance  thereof  by  said 
court,  judgment  shall  be  rendered  for  the  party  prevailing, 
with  costs,  and  execution  shall  issue  accordingly  :  provided, 
always,  that  if  either  party  shall  be  dissatisfied  with  such 
award,  such  party  may  apply  to  the  said  court  for  a  trial 
by  jury  at  the  bar  of  said  court,  to  hear  and  determine  all 
questions  relating  to  such  damages,  and  to  assess  the  amount 
thereof;  and  the  said  court  shall  enter  judgment  and  issue 
execution  accordingly  ;  and  costs  shall  be  allowed  to  the 
parties  respectively,  in  the  same  manner  as  is  provided  by 
law,  in  regard  to  proceedings  relating  to  the  laying  out  of 
highways:  pi^ovided,  that  no  complaint  shall  be  made  as 
aforesaid,  for  the  taking  of  any  water-rights,  until  the  wa- 
ters aforesaid  shall  be  actually  withdrawn  by  the  said  city 
by  virtue  of  the  provisions  of  this  act ;  and  any  party  whose 
rights  may  be  thus  affected,  may  make  his  complaint  in 
manner  aforesaid,  at  any  time  within  three  years  from  the 
time  when  he  first  sustains  such  injury. 

Sect.  8.     The  said  commissioners  shall  exclusively  ex-  Commissioners 
ercise  all  the  rights,  powers  and  authority  given  by  this  act  Jomakecon- 

,  •  1      •      *  f   •  ^       ^     n  1  II   tracts  and  ap- 

to  the  said  city;  and  m  pursuance  thereof,  may  make  all  point  agents, 
suitable  contracts,  and  employ  all  proper  engineers,  clerks 
and  other  agents  in   the  premises,  imtil  the  office  of  such 
commissioners  shall  cease  as  hereinafter  provided. 

Sect.  9.     For  the  purpose  of  defraying  all  the  expenses  Commissioners 
and  cost  of  such  lands,  waters  and  water-rights  as  shall  be  ^r^[,'fo"lU'^ 
taken  or  purchased  for  the  purposes  of  this  act,  and  of  con-  amount  of 
structing  all  works  necessary  lo  the  accomplishment  of  said  bearing  interest, 
purposes,  and  all  expenses  incidental  thereto,  the  said  board  &c., payable  at 
of  commissioners  shall  have  authority  to  issue,  in  the  name  ^^^^^y^'^- 
of  the  said  city,  notes,  or  scrip,  or  certificates  of  debt,  to  be 
denominated  on   the  face  "  Boston  Aqueduct  Scrip,"  to  an 
amount,  in  the  whole,  not  exceeding  the  sum  of  two  mil- 
lions five  hundred  thousand  dollars,  and  bearing  an  interest 
not  cxcei^ding  five  per  cent,  per  annum  ;   and  said  interest 
shall   be  payable  semi-annually,  and  the  principal  of  said 
debt  shall  be  payable  at  periods  of  not  less  than  fifteen,  nor 
more  than  forty  years  from  date ;  and  the  said  commission- 
ers may  sell  the  same  at  public  or  private  sale,  and  may 
pledge  the  same  for  money  borrowed  at  a  rate  not  exceed- 


552 


1845. 


■Chap.  220. 


and  scrip  for 
payments  of  in- 
terest, provided, 


Form  of  scrip. 


Records  of  the 
same. 

Deposits,  ac- 
counts, and  re- 
ports of  com- 
missioners. 


Exclusive  riglit 
of  the  city  to 
waters,  &,c. 


Commissioners 
to  regulate  use 
and  price  of 
water. 


Owner  and  oc- 
cupant both  lia- 
ble for  price  of 
water. 


ing  six  per  cent,  per  annum,  when  such  scrip  cannot  be 
sold  at  the  par  value  thereof.  And  in  addition  to  the  said 
sum  of  twomiUions  five  hundred  thousand  dollars,  the  said 
commissioners  may  issue  and  dispose  of  scrip  in  the  man- 
ner hereinbefore  provided,  to  meet  all  payments  of  interest 
accruing  upon  any  scrip  by  them  issued  as  aforesaid :  jjro- 
vided,  however^  that  no  such  scrip  shall  be  issued  by  said 
commissioners,  beyond  two  years  after  the  completion  of 
said  works;  but  the  payment  of  all  accruing  interest  after 
that  time,  shall  be  provided  for  by  the  city  government,  in 
such  manner  as  they  may  think  proper.  All  certificates  to 
be  issued  as  aforesaid,  shall  be  signed  by  the  said  commis- 
sioners, or  a  majority  of  them,  and  shall  be  countersigned 
by  the  mayor  of  said  city;  and  a  record  of  said  certificates, 
shall  be  made  and  kept  by  the  treasurer  of  said  city. 

All  money  received  by  said  commissioners,  shall  be  depo- 
sited to  their  joint  credit,  in  some  bank  or  banks  of  good 
credit,  within  said  city,  and  subject  only  to  their  joint  order. 
The  said  commissioners  shall  keep  regular  books  of  ac- 
counts, and  books  for  the  recording  of  their  doings ;  and 
the  clerks  employed  therein,  shall  be  sworn  to  the  faithful 
discharge  of  their  duty  ;  and  all  such  books  shall  be  open 
to  the  examination  of  any  person  or  persons  appointed 
therefor  by  the  mayor  and  aldermen,  or  by  the  common  coun- 
cil of  said  city.  The  said  commissioners  shall,  once  in 
every  six  months,  make  to  the  city  council  a  report  of  their 
doings,  accompanied  with  complete  exhibits  of  all  their  re- 
ceipts and  expenditures  of  money  in  the  premises.  When 
the  funds  provided  as  aforesaid  shall  be  exhausted,  the  said 
commissioners  shall  report  the  fact  to  the  city  council,  and 
shall  suspend  the  prosecution  of  the  works,  until  supplied 
with  other  funds,  except  so  far  as  to  secure  and  preserve 
what  shall  have  been  done. 

Sect.  11.  The  city  of  Boston  shall  have  the  exclusive 
right  of  using  and  disposing  of  such  of  the  waters  aforesaid, 
as  may  be  taken  by  them  for  the  purposes  aforesaid  ;  and 
an  action  of  trespass  on  the  case,  against  any  person  for 
using  the  same  without  the  consent  of  said  city,  may  be 
maintained  by  the  said  commissioners. 

Sect.  12.  The  said  board  of  commissioners,  for  the 
time  being,  shall  regulate  the  distribution  and  use  of  the 
water,  within  and  without  the  city ;  and,  from  time  to  time, 
shall  fix  tiie  price  for  the  use  thereof;  and  they  may  estab- 
lish such  a  number  of  public  hydrants,  and  in  such  public 
places,  as  they  shall  see  fit,  and  direct  for  what  purposes 
the  same  shall  be  used  ;  all  which  they  may  change  at  their 
discretion. 

Sect.  13.  The  owner  and  occupier  of  any  tenement, 
shall  each  be  liable  for  the  payment  of  the  price  or  rent,  for 
the  use  of  the  water  by  such  occupier. 


1845. Chap.  220.  653 

Sect.   14.     The  said  commissioners  shall  make  no  con- Contracts  for 
tract  for  the  price  of  using  the  water  beyond  the  term  of  fJndVeyVndT 
five  years  ;  and  at  the  expiration  of  any  term  or  lease,  the  years,  to  be  ad- 
price  of  the  use  shall  be  adjusted  according  to  the  regula- J^fr^**„^®"^pJ^: 
tions  then  established,  and  which  may,  from  time  to  time,  tion  of  leases, 
be  established  by  the  commissioners  while  in  office,  or  by  ^'^' 
the  city  council  afterwards. 

Sect.  15.  It  shall  be  the  duty  of  the  said  commissioners,  Appropriation 
to  regulate  the  price  of  the  water,  with  reference  ultimately,  waterrems." 
to  paying  from  the  proceeds  thereof,  the  interest  and  princi- 
pal of  the  aqueduct  scrip  aforesaid,  as  far  as  shall  be  found 
practicable,  consistently  with  the  purposes  of  this  act. 
And  the  net  proceeds  of  the  water  rents,  after  paying  all 
expenses  for  maintaining  the  distribution  of  the  water, 'and 
for  salaries,  wages,  and  incidental  charges,  shall  be  a  col- 
lateral security  to  the  holders  of  said  aqueduct  scrip,  in  ad- 
dition to  the  liability  of  the  city,  for  the  payment  of  the 
interest  from  time  to  time,  and  the  final  reimljur semen t  of 
the  principal  of  said  scrip ;  and  when  any  surplus  of  funds 
shall  be  on  hand,  the  said  commissioners  may  buy  up  any 
of  said  scrip  for  the  benefit  of  the  said  city,  and  the  same 
shall  then  be  cancelled. 

Sect.  16.     Each  of  the  said  commissioners  shall,  before  Bonds  of  com- 
entering  upon  his  trust,  give  bond  with  suflicient  surety  or  ""®^'°"®"- 
sureties  to  the  said  city  of  Boston,  in  the  penal  sum  of  fifty 
thousand  dollars,  conditioned  for  the  faithful   performance 
of  the  duties  of  his  office. 

Sect.  17.     A  major  part  of  said  commissioners  shall  con-  city  bound  by 
stitute  a  quorum  for  doing  and  performing  all  things  al-  ^^^rhy^^of  ^ 
lowed  or  required  by  the  powers  or  duties  of  their  commis-  commissioners, 
sion.     And  all  contracts,  engagements,  acts  and  doings  of 
a  majority  of  the  said  commissioners,  within  the  scope  of 
their  duty  or  authority,  shall  be  obligatory  upon,  and  be  in 
law  considered  as  done  by  said  city. 

Sect.  18.     When  the  said  aqueduct  scrip  shall  all  have  f°^^y^l>  fjj'-  j 
been  paid  or  cancelled,  all  balances  of  money,  books,  re-  vest  m°Krcity° 
cords,  and  documents,  and  all  property  shall  be  disposed  of  *|?^''  payment 
in  such  manner  as  the  said  city  council  may  direct;  the  disposTd  of  by 
office  of  commissioners  shall  cease,  and  all  the  rights,  pow-  ^'y  council, 
ers  and  duties  touching  the  aqueduct,  the  distribution  of  the 
waters,  and  the  price  for  its  use,  shall  be  exercised  by  the 
city  in  such  manner,  and  by  such  servants  and  agents  as 
the  city  council  may,  from  time  to  time,  direct  and  appoint ; 
and  all  rights  of  action  vested  in  said  commissioners,  shall 
therefrom  vest  in  said  city. 

Sect.  19.     The  said  commissioners   may  prosecute  and  Commissioners 
defend  any  action  or  process  at  law  and  in  equity,  on  con-  anYi'T^d'"'^ 
tract  or  tort,  by  the   name  of  "  The  Water  Commissioners  tions. 
of  the  city   of  Boston,"  against  any  person  or  persons  for 
money  due  for  the  use  of  the  water,  for  the  breach  of  anv 
71 


554  1 845. Chap.  220—221 . 

contract  express  or  implied,  touching  the  execution  or  man- 
agement of  the  works,  or  the  distribution  of  the  water,  or 
of  any  other  promise  or   contract   made  to  or  with  them ; 
and  also  for  any  injury,  trespass,  or  nuisance,  done  or  suf- 
fered to  the  water,  water  sources,  works,  or  establishments 
within  or  without  the  said  city ;  and    any    vacancy  in  the 
Board   of  Commissioners,   or   the   filling   of  any   vacancy 
either  before  or  after  any  such  injury,  trespass  or  nuisance, 
or  before  or  after  the  making  of  any  such  contract,  as  afore- 
said, or  cause  of  action  accruing,  shall  not  change  the  right 
of  said  commissioners  as  a  body,  to  commence  or  maintain 
such  action  or  process  at  law  or  in  equity,  but  in  all  such 
cases,  they  shall  be  considered,  from  the  time  of  the  organ- 
ization of  the  board,  as  a  corporation. 
Penalty  for  di-        Sect.  20.     If  any   pcrsou  or   persons  shall  maliciously 
verting  or  cor-   divert  the  Water  of  said  river,    ponds  or  water  sources,  or 
mpting  water,     ^^^^^  corrupt  or  render  impure  the  same,  or  any  connected 
therewith,  or  shall  destroy  or  injure  any  drain,  pipe,  aque- 
duct, conduit,  machinery,  or   other   property   used  in  the 
premises,  such  person  or  persons,  and  their  aiders  and  abet- 
tors, shall  forfeit  to  the  said  city,  to  be  recovered  in  an  ac- 
tion of  trespass,  or  trespass  on  the  case,  by  the  said  com- 
missioners, treble   the   amount  of  damage  which  shall  ap- 
pear on   trial  to  have  been   sustained   thereby ;  and  may, 
upon  conviction,  be  further  punished  by  a  fine  not  exceed- 
ing one  thousand  dollars,  or  by  imprisonment  not  exceeding 
one  year. 
Act  to  be  void,       Sect.  21.     The  mayor  and  aldermen  of  said  *city,  shall 
if  not  accepted  j^Qlifv  and  Warn  the  legal  voters   of  said  city,    to  meet  in 

by  majority  of    ""'^''J'    "  o.  r.i 

voters  inwards,  their  respective  wards,  withm  sixty  days  irom  the  passage 
&c. within 60     of  this   act,  for  the  purpose   of  voting  by  ballot,  upon  the 
*^^*  question,  whether  they  will  or   will  not  accept  the  same; 

and  if  a  majority  of  the  votes  given  in  shall  be  in  the  neg- 
ative, this  act  shall  be  void. 
When  to  take         Sect.  22.     This  act  shall  take  effect  from  and  after  its 
effect.  passage.     {Aj)proved  hy  the   Govenioi^   ilfarc/i  25,  1845.] 

Chap  221 .  An  Act  concerning  the  Duties  of  County  Commissioners. 

BE  a  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Committee,  &c.      The  twenty-ninth  section  of  the  one  hundred  and  forty- 
of  county  com-  tu\j.A  chanter  of  the  Revised  Statutes  is  so  amended,  that 

missioners  to  in-   "■'"''-^  r  .      .  -^^  r  ^    i        \i 

spect  prisons 5  the  couuty  commissioners,  by  a  committee  of  not  less  than 
provided,  &c.  ^.^^^  ^^  ^^^^jj.  number,  shall  twice  in  each  year  visit  and  in- 
spect all  the  prisons  in  their  county,  provided  the  interval 
between  the  visits  and  inspections  of  said  prisons  shall  not 
exceed  eight  months.  [Approved  by  the  Governor,  March 
25,  1845.J 


1845. Chap.  222—224.  555 

An  Act  concerning  Marriage.  CAfl2?222. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  aiithority  of 
the  same,  as  follows : 

The  validity   of  any  marriage  in  consequence  of  the  in-  Question  of  ca- 
capacity  of  either   of  the   parties  thereto,   to  contract  the  P'^*^'y°  ^°°" 

1  <^   •  •  •  T  1      .1  T  11     1    •       tract  marriage, 

same  by  reason  oi  msanity  or  idiocy,  shall  not  be  called  in  to  be  tried  only 
question  upon  the  trial  of  any  collateral  issue,  before  any  J^s^^Ju^gd^ ^"'^ 
of  the  courts  of  this  Commonwealth, — but  only  in  a  process  ' 

duly  instituted,  for  the  purpose  of  determining  the  validity 
thereof,  during  the  life-time  of  both  the  parties  thereto. 
[Approved  by  the  Governor,  March  25,  1S45.] 

An  Act  to  incorporate  the  Trustees  of  the  Methodist  Episcopal  Church  in   QhoV  '2-'23. 

Dedhani.  -* 

B£J  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  Joseph  E.  Pond,  Thomas  Beal,  Reuben  Ryder,  Persons incor- 
Henry  P.  Hall,  riarford  Barton,  and  Amos  Macomber,  their  P*""^*^^^^- 
associates  and  successors  in  office,  are  hereby  made  a  cor- 
poration, by  the  name  of  the  Trustees  of  the  Methodist 
Episcopal  Churcli  in  Uedham,  with  all  the  powers  and 
privileges,  and  subject  to  all  the  duties  and  liabilities,  set 
forth  in  the  foriy-fourth  chapter  of  the  Revised  Statutes,  as 
far  as  they  are  applicable. 

Sect.  2.     Said  corporation  shall  have  power  to  receive,  Mayhoidand 
hold  and  manage  all  the  properly,  both  real  and  personal,  ZlT^c^'°^' 
belonging  to  said  church,  and  any  gift,  grant,   bequest,  or 
donation,  that  may  be  made  to  them  for  the  benefit  of  said 
church,  shall  be  held  in  trust  for  the  support  and  mainten- 
ance of  public  worship  and  other  parochial  purposes;  pro-  Estate  addition- 
vided,  that  the  annual  income  arising  from  such  estate,  shall  ^''  &c.  such  as 

'  1  ,  1111  •  1  i  •    •  1  •  to  yield  an  in- 

not  exceed  one  thousand  dollars  in  addition  to  the  meeting-  come  not  ex- 
house  and  land,  under  and  adjoining.  ceeding  51,000. 

Sect.  3.     The  number   of  trustees  shall  at  no  time  be  Number,  quo- 
less  than  five,  or  more  than  nine,  a  majority  of  whom  shall  [i"n'o" trustees, 
constitute  a  quorum  for  doing  business,   and  all  vacancies 
that  may  happen  from  death,    resignation,   or  otherwise, 
shall  be  filled    in    such    manner  as   the   proprietors  of  the 
pews  in  the  meeting-house  may  direct. 

Sect.  4.     This  act  shall  take  effect  from  and  after  its  \^'hen  to  take 
passage.     [Approved  by  the  Governor,  March  25,  1845.]         ^^^'^^' 

An  Act  relating  to  the  Flals  between  the  Channels  of  Charles  and  Miller's   Qhan  '2-'2'-^ 

Rivers.  * 

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

Sect.  1.     The  Boston  and  Maine  Rail-road  Extension  Boston  and 


566 


1846.- 


-Chap.  224—226. 


Maine  Rail- 
road Extension 
Company  may 
erect  a  sea-wall 
across  flats,  &c. 


Provided,  &c. 


Boston  and 
Lowell  Rail- 
road Company 
may  adopt  a 
line,  &c. 


Provided,  6cc. 


Legal  rights  of 
other  persons 
and  corpora- 
tions unafTected. 

When  to  take 
effect. 


Company,  are  hereby  authorized  to  erect  a  sea-wall  across 
the  flats,  between  the  channels  of  Charles  and  Miller's  Riv- 
ers, on  the  westerly  side  of  their  road,  as  now  located, 
across  the  said  flats,  one  hundred  and  fifty  feet,  from  the 
centre  line  of  their  bridge,  as  now  built,  and  parallel  there- 
to, and  enclose  and  fill  np  the  said  flats  below  or  easterly 
of  the  said  wall,  not  exceeding  ninety  feet  easterly  of  the 
said  centre  line,  for  the  location  of  engine-houses,  wood- 
houses,  and  other  purposes  for  the  use  of  said  road  :  p?^o- 
vided,  that  a  passage-way  of  two  hundred  feet  in  width 
be  left  open,  and  relinquished  to  the  Commonwealth,  on 
the  westerly  side  of  said  wall  over  the  said  flats,  and  that 
a  sufficient  channel  be  excavated  and  maintained  unob- 
structed through  the  said  passage-way,  at  the  expense  of 
said  company.  And  that  the  pier  be  extended  not  less  than 
eight  feet  in  width  to  said  sea-wall,  for  the  accommodation 
of  vessels  passing  through  the  draw. 

Sect.  2.  The  Boston  and  Lowell  Rail-road  Corporation 
are  hereby  authorized,  by  accepting  the  provisions  of  this 
act,  to  adopt  a  line  two  hundred  feet  westerly  of  the  said 
wall,  parallel  thereto,  and  extending  from  channel  to  chan- 
nel, as  the  line  of  their  flats,  instead  of  the  line  heretofore 
claimed,  said  corporation  relinquishing  to  the  Common- 
wealth all  easterly  of  the  said  adopted  line,  and  accepting 
in  lieu  thereof  all  between  the  said  adopted  line  and  their 
upland  :  provided^  however^  that  this  act,  or  the  acceptance 
of  it  by  the  Boston  and  Lowell  Rail-road  Corporation,  is 
upon  the  express  condition  that  the  same,  or  any  thing  done 
under  it,  shall  not  be  taken  nor  deemed  to  be  any  admission 
of  the  validity  of  the  charter  of  the  said  Boston  and  Maine 
Rail-road  Extension  Company,  in  any  controversy  now 
existing,  or  that  hereafter  shall  exist,  or  in  any  suit  at  law 
or  in  equity,  which  shall  hereafter  be  instituted  by  either 
of  these  parties  for  trying  the  validity  of  said  charter,  or  in 
which  its  validity  may  be  involved,  nor  used  nor  referred 
to  in  any  such  question  or  trial  where  the  title  to  this  land 
shall  not  be  the  subject  of  dispute  or  decision,  nor  have 
any  effect  whatever  in  any  such  trial. 

Sect.  3.  The  provisions  of  this  act  shall  in  no  wise  af- 
fect the  legal  rights  of  any  other  persons  or  corporations 
whatever. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor^  March  25,  1845.] 


Cfiap  225.       An  Act  to  incorporate  the  Groton  and  East  Wilton  Kail-road  Company. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  Genei-al  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 
Persons  incor-        Sect.  1.     Lemuel  W.  Blake,  Asa   F.   Lawrence,  Abra- 
porated.  Yi^m  Whlttcmore,  James  Parker  and  Joseph  Tucker,  their 


1845. Chap.  225.  557 

associates  and  successors,  are  hereby  made  a  corporationj 
by  the  name  of  the  Groton  and  East  Wilton  Rail-road 
Company,  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,  and  in  that 
part  of  the  thirty-ninth  chapter  of  said  statutes  which  re- 
lates to  rail-road  corporations,  and  in  the  public  statutes 
subsequently  passed  relating  to  such  corporations. 

fcsECT.  2.  Said  corporation  is  hereby  empowered  and  au-  Location  of 
thorized  to  locate,  construct  and  maintain  a  rail-road,  with 
one  or  more  tracks,  from  the  line  of  the  State  of  New 
Hampshire,  to  the  town  of  Groton  in  the  county  of  Middle- 
sex ;  beginning  at  the  southerly  line  of  said  State  of  New 
Hampshire,  at  a  point  in  Pepperell,  in  the  county  of  Mid- 
dlesex, within  one  mile  of  the  Nissittisit  River,  where  it 
can  be  best  united  with  a  rail-road  from  East  Wilton  to 
the  said  State  line ;  and  thence  in  a  southeasterly  direction 
in  said  Pepperell,  to  the  Worcester  and  Nashua  Rail-road, 
at  the  most  convenient  point  for  a  connection  therewith,  in 
either  of  the  towns  of  Pepperell  or  Groton,  in  the  valley  of 
the  Nashua  River. 

Sect.  3.     The  capital  stock  of  said  company  shall  con- Capital  not  to 
sist  of  not  more  than  one  thousand  shares,  and  no  assess    ooolia  shares'of 
ments  shall  be  laid  thereon,   to  a  greater  amount,   in  the  ^loo. 
whole,  than  one  hundred  dollars  on  each  share. 

Sect.  4.  Said  corporation  may  take,  purchase  and  hold  Estate. 
such  real  estate  on  the  line  of  their  road,  and  purchase  and 
hold  such  cars,  materials,  engines  and  other  property,  as 
may  be  necessary  and  convenient  for  depots  for  the  use  of 
said  road,  for  the  transportation  of  passengers  and  merchan- 
dise, and  for  the  management  of  the  business  of  said  cor- 
poration. 

Sect.  5.     Said  corporation  may  enter  with  their  rail-road,  ^ay  enter  upon 
by  proper  turn-outs  and  switches,  upon  the  Worcester  and  worcester\nd 
Nashua  Rail-road  at  any  convenient  point,  in  either  of  the  Nashua  Rail- 
said  towns  of  Pepperell  or  Groton ;  and  may  use  said  rail-  """^  ' 
road  or  any  part  thereof,  paying  therefor,  such  tolls  or  rate 
of  compensation  as  the  Legislature  may,  from  time  to  time, 
prescribe,  or  that  may  be  fixed  by  any  general    law  of  this 
Commonwealth,  and  complying  with  sujh  reasonable  regu- 
lations as  may  be  established  by  said  Worcester  and  Nashua 
Rail-road  Corporation  :  provided,  hoivever,   that  said  corpo-  Provided,  &,c. 
ration  shall    not   enter  upon   said    Worcester  and  Nashua 
Rail-road  with  any  motive  power,   unless  said    Worcester 
and  Nashua  Rail-road  Company  shall  refuse  to  draw  over 
their  road  or  any  part    thereof,    the   cars  of  the  company 
hereby  incorporated ;  and  only  so  long  as  the  said  Worces- 
ter and  Nashua  Company  shall  so  refuse. 

Sect.  6.     If  said    corporation   shall    not,    within  three  ^^^d '° ''e  lo- 
years,  file  a  location  of  their  route  in  the  manner  required  within  3  years, 


558 


1845.- 


■Chap.  225. 


and  completed 
within  5  years. 


Legislature 
may  reduce 
tolls,  &c. ;  but 
not  so  as  to 
yield  less  than 
ten  per  cent, 
per  annum. 


May  unite  with 
company  incor- 
porated by  New 
Hampshire. 


One  officer  to 
be  an  inhabitant 
of  Massachu- 
setts. 


Separate  ac- 
counts of  ex- 
penditures, 
commissioners, 
&c. 


Liabilities  of 
the  road  in 
Massachusetts. 


by  law,  and  shall  not,  within  fiv^e  years,  complete  the 
whole  of  said  road  so  far  that  it  shall  be  opened  for  use, 
then  this  act  shall  be  void. 

Sect.  7.  The  Legislature  may,  from  time  to  time,  re- 
duce the  rate  of  tolls  and  other  profits  upon  said  road,  and 
may  authorize  any  other  rail-road  corporation  to  enter  upon 
the  same  with  another  rail-road,  upon  the  same  terms  and 
conditions  as  are  herein  prescribed  for  the  connection  of 
said  rail-road  with  the  Worcester  and  Nashua  Rail-road, 
or  as  may  hereafter  be  prescribed  by  the  Legislature  :  pro- 
vided, however,  that  the  tolls  and  profits  aforesaid,  shall 
not  be  so  reduced  as  to  yield  less  than  ten  per  cent,  per  an- 
num to  the  stockholders. 

Sect.  8.  Said  corporation  is  hereby  authorized  to  unite 
with  the  Groton  and  East  Wilton  Rail-road  Company,  in- 
corporated by  the  State  of  New  Hampshire,  to  bnild  a  rail- 
road from  East  Wilton  to  the  State  line,  at  the  northern 
terminus  of  said  rail-road  hereby  authorized  to  be  con- 
structed. And  when  the  two  companies  shall  have  so 
united,  the  stockholders  of  the  one  company  shall  become 
the  stockholders  of  the  other  company,  and  the  two  com- 
panies shall  constitute  one  corporation,  by  the  name  of  the 
Groton  and  East  Wilton  Rail-road  Company  ;  and  the  fran- 
chise, property  and  power  acquired  under  the  authorities  of 
the  said  States  respectively,  shall  be  held  and  enjoyed  by 
all  the  stockholders,  in  proportion  to  the  number  of  shares, 
or  amount  of  property,  held  by  them  respectively,  in  either 
or  both  of  said  corporations. 

Sect.  9.  One  or  more  of  the  directors,  or  other  officers 
of  said  united  corporations,  shall  at  all  times  be  an  inhabit- 
ant of  this  Commonwealth,  on  whom  process  against  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.  10.  Said  company  shall  keep  separate  accounts  of 
their  expenditures  in  Massachusetts  and  New  Hampshire 
respectively,  and  two  commissioners  shall  be  appointed, 
one  by  the'Governor  of  each  State,  to  hold  their  offices  for 
the  term  of  three  years,  and  to  be  reasonably  compensated 
by  said  company,  Avho  shall  decide  what  portion  of  all  ex- 
penditures of  said  company,  and  of  its  receipts  and  profits, 
properly  pertain  to  that  part  of  the  road  lying  in  the  two 
States  respectively,  and  the  annual  report  required  to  be 
made  to  the  Legislature  of  this  Commonwealth  shall  be 
approved  by  said  commissioners. 

Sect.  1L  Said  company  and  the  stockholders  therein, 
so  far  as  their  road  is  situated  in  Massachusetts,  shall  be 
subject  to  all  the  duties  and  liabilities  created  by  the  provi- 
sions of  the  laws  of  this  Commonwealth,  to  the  same  extent 


1845. Chap.  225—226.  559 

as  they  would  have  been  if  no  union  of  said  companies  had 
taken  place. 

Sect.  12.     The  provisions  contained  in  the  four  preceding  Adoption  of 
sections,   and  all   the  provisions  of  this  act  which  contem-  sfJns'by'New 
plate  a  union  of  said  companies,  shall  not  take  effect,  until  Hampshire, and 
similar  provisions  shall  have  been  authorized  and  adopted  sio'ck^hoW^^^^^ 
by  the  authorities  of  the  State  of  New  Hampshire,  nor  until 
said  provisions  shall   have  been  accepted  by  the  stockhold- 
ers of  said  two  corporations  respectively,  at  legal  meetings 
called  for  that  purpose. 

Sect.  13.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Gover?io7;  March  25,  1845.]        ^^^*^*' 

An  Act  to  establish  the  Randolph  and  Bridgewater  Rail-road  Corporation.      Ch(tJ)'2>'2<6. 

BE  it  enacted  bij  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sa^ne,  as  folloics  : 

Sect.  1.  Artemas  Hale,  Nahum  Stetson,  Aaron  Hobart,  Persons  incor- 
Solomon  Ager,  Benjamin  B.  Howard,  Dwelley  Fobes,  Ed-  P"""^'^*^ 
ward  Southworth,  Benjamin  Kingman,  Henry  Blanchard, 
Ebenezer  Alden,  Royal  Turner,  David  Blanchard,  their 
associates  and  successors,  are  hereby  made  a  corporation, 
by  the  name  of  the  Randolph  and  Bridgewater  Rail-road 
Corporation,  with  all  the  powers  and  privileges,  and  sub- 
ject to  all  the  duties,  restrictions  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  all  statutes  subsequently  passed 
relating  to  rail-road  corporations. 

Sect.  2.  Said  corporation  may  construct  a  rail-road  from  Location  of 
some  point  at  or  near  the  village  in  the  town  of  Bridge-  '■°^''- 
water,  and  thence  northerly  on  the  most  convenient  line  in 
the  towns  of  East  Bridgewater,  West  Bridgewater,  and 
North  Bridgewater,  in  the  county  of  Plymouth,  and  Stough- 
ton  and  Randolph,  in  the  county  of  Norfolk,  to  unite  with 
the  Old  Colony  Rail-road  in  Braintree  or  Quincy,  in  the 
county  of  Norfolk. 

Sect.  3.     Said  corporation  are  hereby  authorized  to  enter  Mayenierupon 
with  their  rail-road,  by  proper  turnouts  and  switches,  upon  oidcV^^ 
any  part  of  the  Old  Colony  Rail-road,  in  the  town  of  Brain-  Rail-road"^ 
tree  or  Quincy,  and  use  the  same,  or  any  part  thereof,  pay- 
ing therefor  such  a  rate  of  toll  or  compensation  as  the  liC- 
gislature  may,  from  time  to  time,  prescribe,  and  complying 
with  such  rules  and  regulations   as  may  be  established  by 
said  Old  Colony  Rail-road  Corporation  ;  pi'ovidcd,  hoivever,  Provided,  &c. 
the   said  Randolph   and   Bridgewater  Rail-road  shall  not 
enter  upon   said  Old   Colony  Rail-road,   with  any  motive 
power,  unless   the  said  Old  Colony  Rail-road  Corporation 
shall  refuse  to  draw  over  their  road,   or  any  part  thereof, 
the  cars  of  said  Randolph  and  Bridgewater  Rail-road, 


560  1845. Chap.  226. 

Capital  not  to       Sect.  4,     The  Capital  stock  of  said  corporation  shall  con- 

th^'*<J400 ooo"^^  sist  of  not  more   than  four  thousand  shares,  the  number  of 

insb^sof       which  shall  be  determined,   from  time  to  time,  by  the  di- 

5100.  rectors  thereof:  and  no  assessment  shall  be  laid  thereon  of 

a  greater  am.ount  in  the  whole  than  one  hundred  dollars  on 

Estate.  each  share.     And  said  corporation  may  take,  purchase  and 

hold,  such  real  estate,   and  may  purchase  and  hold  such 

engines,  cars,  and  other  things  as  may  be  necessary  for  the 

use  of  said    road,   and  for  the  transportation  of  persons, 

goods  and  merchandise. 

Legislature  may      Sect.  5.     The  Legislature  may.   after  the  expiration  of 

Ste"*^! ^°ea^s.  *'  f^o^^T  ycars  from  the  time  when  the  said  rail-road  s!;all  be 

but  not  so  as  to  opened  for  use,  from  time  to  time,  alter  or  reduce   the  rate 

Sn  Je'rcem.^    °^  toUs  or  Other  profits   upon  said   road :  but  the  said  tolls 

per  annum.        shall  not.  witliout  the  couseut  of  said  corporation,   be  so 

reduced  as  to  produce  less  than  ten  per  cent,  per  annum. 
Road  to  be  lo-        Sect.  6.     If  the  Said  corporation  shall   not  be  organized, 
veS^.^d'^oL  ^"^  ^^^  location  of  that  part  of  their  road  within  the  coun- 
pieted  w-iihin  6.  ty  of  Plymouth,  filed  with  the  commissioners  of  that  coun- 
ty, and  the  location  of  that  part  of  their  road  within  the 
count)'  of  Noriblk.   filed  with   the  commissioners   of  that 
county,  within  three  years ;  or  if  the  said  road  shall  not  be 
completed  within  six  years  from  the  passage  of  this  act, 
then  this  act  shall  be  void. 
Legislature  Sect.  7.     The  Legislature  may  authorize  any  corporation 

Us^Lrby°mher  ^"  ^^'^^^^  ""''^h  another  rail-road,  at  any  point  of  the  said 
corporations.  Randolph  and  Bridgewater  Rail-road,  and  use  the  same,  or 
any  part  thereof,  paj'ing  therefor  such  a  rate  of  toll  or  com- 
pensation as  may  be  mutually  agreed  upon,  or  as  the  Le- 
gislature may,  from  time  to  time,  prescribe,  or  may  be  fixed 
under  the  provisions  of  any  general  law  of  this  Common- 
wealth, complying  with  the  rules  and  regulations  which 
may  be  established  by  said  Randolph  and  Bridgewater 
Provided, &^.  Rail-road  Corporation:  provided,  hoicever.  that  no  other 
corporation  shall  enter  upon  said  Randolph  and  Bridge- 
water  Rail-road  with  any  motive  power,  unless  the  said 
Randolph  and  Bridgewater  Rail-road  Corporation  shall  re- 
fuse 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  said  Randolph  and 
Bridgewater  Rail-road. 
Old  Colony  Sect.   8.     The   Old  Colony   Rail-road   Corporation    are 

pany  may?ri^'  hereby  authorized  to  subscribe  for  and  hold  the  whole  of 
the  stock' on  or  the  Capital  stock  of  the  corporation  hereby  established: 
\tir;fnvikd,  provided,  they  shall,  by  a  vote  of  a  majority  in  interest  of 
&c.  '  '  their  stockholders,  on  or  before  the  first  day  of  May  next, 

elect  to  subscribe  for  such  stock,  and  shall  thereupon  sub- 
scribe thereto,  and.  until  the  expiration  of  such  term  of 
time,  they  shall  have  a  priority  over  other  subscribers  :  and, 
in  the  event  of  such  subscription,  the  Old  Colony  Rail-road 


1845. Chap.  226—228.  561 

Corporation  shall  be  bound  to  construct  such  Branch  Rail- 
road. 

Sect.  9.      The   Old   Colony  Rail-road  Corporation    are  1°  ^tich  case 
hereby  authorized   at  any  legal  meeting  of  their  stockhold-  R^ii-road  Com^ 
ers,  called  for  the  purpose,  on  or  before  the  said  first  day  of  pany  must  ac- 
May,  to  accept  this  act  by  a  vote  of  a  majority  in  interest  before  May*22d 
of  such  stockholders,  and  upon  such  acceptance  shall  sue-  i&45,  and  com- 
ceed  to  and  enjoy  all  the  franchise,  rights  and   privileges  by  jan^uan-^^ 
granted  by  this  charter,  and  shall,  thereupon,  be  bound  to  i847.  and  may 
construct  the  Branch  Rail-road  contemplated  by  this  act,  J-ap'j^afby^ 
and  complete  the  same  by  the  first  day  of  .Tanuary,  in  the  5400,000. 
year  one  thousand  eight  hundred  and  forty-seven,  and  may 
increase  their  capital  stock  to  an  amount  not  exceeding 
four  hundred  thousand  dollars  additional  capital. 

Sect.  10.     In  the  event  that  the  Old  Colony  Rail-road  ^°[^  must  com- 
Corporation  shall  accept   this   act.  they  shall   complete  the  Rlif-road"*^ 
Branch  Rail-road  hereby  contemplated,  before  commencing  before,  &c. 
any  Branch  Rail-road  between  Abington.  or  South  Abing- 
ton  and  Bridgewater. 

Sect.  11.     This  act  shall  take  effect  from  and  after  its  "^^en  to  take 
passage.     [Approved  by  the  Governor.  March  25.  1S4.5.] 

An  Act  concerning  the  Fees  of  Jurors  in  Criminal  Trials.  C^hnn^'^l 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives., in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     The  fees  of  traverse  jurors,  in  all  the  courts  in  Fees  of  trav- 
this  Commonwealth,   for  their  services  while  empbyed  in  betpportion^ 
the  trial  of  criminal  prosecutions,  shall  be  allowed  and  paid  between  the 
by  the  Commonwealth  and  the  respective  counties,  in  the  anT"°n^^'** 
same  proportion  as  other  costs  in  criminal  prosecutions  are  like  other  costs 
now  by  law  allowed  and  paid.  i°eedin™s"^  ^'°' 

Sect.  2.     This  act  shall  take  effect  from   and  after  its  UTienlo  take 
passage.      [Approved  by  the  Governor,  March  25,  1845.]         ^^'^'^'' 

An  Act  to  incorporate  the  Taunton  Green  Baptist  Church.  Ohan  228 

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

Sect.  1.  James  F.  Wilcox,  Calvin  \Voodward,  Henry  Persons  incor- 
Elliott,  and  all  other  persons  who  are  or  may  become  pro-  ^^^ 
prietors  in  the  new  meeting-house  on  Taunton  Green,  and 
their  successors,  are  hereby  made  a  corporation,  by  the 
name  of  the  Taunton  Green  Baptist  Church,  with  all  the 
powers  and  privileges,  and  subject  to  all  the  duties  and  lia- 
bilities, set  forth  in  the  forty-fourth  and  twentieth  chapters 
of  the  Revised  Statutes,  so  far  as  said  provisions  shall  be 
applicable  in  such  case. 

Sect.  2.     Said  corporation  shall  have  the  power  to  hold  May  hold  proo- 
and  manage,  in  addition   to  their  meeting-house  and  land  &c  yieidi^  aa 
72 


662 


1845.- 


■Chap.  228—229. 


income  of 
^1,000,  to  be 
applied,  «fcc. 

May  assess 
upon  pews  ac- 
cording to  a 
valuation,  &c. 


Collection  of 
assessments. 


Qualifications 
of  voters. 


When  to  take 
effect. 


Chap  229. 


Persons  incor- 
porated. 


Corporation  to 
be  successors 
of  proprietors 
of  pews  in  Old 
South  Church, 
&c. 


May  demise 
and  lease  real 
estate,  &c. 


under  and  adjoining  the  same,  any  estate  the  annual  income 
of  which  shall  not  exceed  one  thousand  dollars,  and  which 
shall  be  applied  exclusively  to  parochial  purposes. 

Sect.  3.  Said  corporation  shall  have  power  to  assess,  upon 
the  pews  in  their  meeting-house,  according  to  a  valuation 
thereof,  to  be  first  made  and  recorded  by  the  clerk  of  said 
corporation,  such  sums  of  money  as  may  be.  from  time  to 
time,  voted  by  said  corporation,  to  be  raised  for  the  support 
of  public  worship  and  for  all  other  parochial  purposes. 
And  all  such  assessments  may  be  collected  in  the  manner 
provided  in  the  thirty-second,  thirty-third  and  thirty-fourth 
sections  of  the  twentieth  chapter  of  the  Revised  Statutes. 

Sect.  4.  At  all  meetings  of  the  corporation,  the  proprie- 
tors of  the  pews,  and  no  other  persons,  shall  be  entitled  to 
vote,  allowing  one  vote  for  every  pew. 

Sect.  5.  This  act  shall  take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  25,   1845.] 

An  Act  to  incorporate  the  Old  South  Church,  in  Boston. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, hi  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  Samuel  T.  Armstrong,  Pliny  Cutler,  Charles 
Stoddard,  and  others,  proprietors  of  pews  in  the  Old  South 
Meeting-house  in  Boston,  and  their  successors,  are  hereby 
made  a  corporation,  by  the  name  of  the  Old  South  Church, 
in  Boston,  with  all  the  powers  and  privileges,  and  subject 
to  all  the  duties,  liabilities,  and  restrictions,  contained  in  the 
twentieth  and  forty-fourth  chapters  of  the  Revised  Statutes, 
as  far  as  the  same  are  applicable  to  this  corporation. 

Sect.  2.  Said  corporation  shall  be  deemed  and  taken  to 
be  the  successors  of  said  proprietors,  and  are  hereby  au- 
thorized to  take  and  hold,  to  the  use  of  said  corporation,  and 
its  successors,  and  assigns  in  fee  simple,  all  and  singular, 
that  parcel  of  real  estate  situate  on  Milk,  Washington  and 
Spring  streets,  in  said  Boston,  now  known  as  the  estate  be- 
longing to  the  Old  South  Church  and  Society  whereon  the 
meeting-house  and  other  buildings  stand  for  the  support  of 
public  worship,  for  parochial  and  charitable  purposes  in 
this  Commonwealth,  and  for  paying  the  debts  of  said  cor- 
poration. And  all  contracts  and  liabilities  made  and  in- 
curred by  said  proprietors,  or  for  which  they  are  in  any 
manner  liable,  shall  be  binding  upon  said  corporation,  and 
be  kept  and  performed  by  it. 

Sect.  3.  Said  corporation  is  hereby  authorized  and  em- 
powered to  demise  and  lease  all  or  any  of  said  real  estate, 
excepting  the  meeting-house  and  land  under  the  same,  in 
such  manner,  and  upon  such  terms  and  conditions,  as  may 
seem  needful  or  expedient. 


1845. Chap.  229—232.  5G3 

Sect.  4.     This  act  shall  take  effect  from  and  after  the  When  to  take 
time  when  it  shall  have  been  accepted  by  the  proprietors,  ®^'^'^'* 
at  any  meeting  legally  called  and  held  for  that  purpose. 
[Approved  by  the  Governor,  March  26,  1845. J 


Chap  230. 


An  Act  in  addition  to  an  Act  to  increase  the  Capital  Stock  of  the  Western 
Rail-road  Corporation. 

B£]  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Whenever,  by  the  provisions  of  the  act  to  which  this  is  Governor,  with 
in  addition,  the  Treasurer  of  the  Commonwealth  shall  have  |o^direct"the  *'' 
subscribed  for  the  proportion,  or  any  part  thereof,  of  the  Treasurer  to 
new  stock  authorized  by  said  act,  and  to  which   the  Com-  sfoekUweft- 
mon wealth  would  be  entitled,  the  Governor  may,  at  his  dis-  ernRaii-road, 
cretion,  with  the  advice  and  consent  of  Council,  direct  the  adlanieoSiAe 
Treasurer  to  sell  and  transfer  the  same:  provided,  that  no  par  value, 
such  sale  shall  be  made  unless  at  an  advance  upon  the  par 
value    thereof     [Approved    by   the    Governor,    March  26, 
1845.J 

An  Act  concerning  the  Ocean  Steam  Packet  Company.  Ch(ip'2S\. 

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

Sect.  1.     The  act  to  incorporate  the  Ocean  Steam  Packet  Revival  of  for- 
Company,  passed  April  fifth,  in  the  year  one  thousand  eight  meracts. 
hundred  and  thirty-nine,  and  the  act  concerning  the  Ocean 
Steam   Packet  Company,  passed  March  thirteenth,  in  the 
year  one  thousand  eight  hundred  and  forty-one,  are  hereby 
revived  and  declared  to  be  in  full  force;  and  the  time  for  Time  for  lay- 
laying  and  collecting  the  assessments  set  forth  in  the  fifth  ^fnu  extended 
section  of  the  act  incorporating  said  company,  is  hereby  to  April 5, 1848 
extended  and  limited  to  the  fifth  day  of  April,  in  the  year 
one  thousand  eight  hundred  and  forty-eight. 

Sect.  2.     This  act  shall  take  effect  from  and  after  its  when  to  take 
passage.     [Approved  by  the  Governor,  March  26,  1845.]         ^^«'='- 

An  Act  in  addition  to  an  Act  incorporating  the  Proprietors  of  the  Meeting-   /-y/,~~,9QO 
house  in  Mollis  Street,  in  Boston.  L/llapZ-OZ-. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam.e,  as  follows  : 

Sect.  1.     The  proprietors  of  the  meeting-house  in  HoUis  Corporation 
street,  are  hereby  authorized  and  empowered,  from  time  to  "^^^  ^""^c^on 
time,  to  borrow   money  for  parochial  and  other  incidental  mortgage  of 
purposes,  and  secure  the  payment  thereof  by  mortgaging  '■®^'  estate, 
any  real  estate  of  the  said  corporation. 

Sect.  2.     Such  sums  may  be  borrowed,  and  such  mort-  as  proprietors 
gages  made,  for  the  purposes  aforesaid,  as  the  said  proprie-  Lgai  ine^e*tiiig. 


664 


1845.- 


■Chap.  232—284. 


Chap233. 


Guaranty  capi- 
tal must  be  sub- 
scribed before 
March  16,  1346. 

Policies  binding 
only  for  time 
for  which  pre- 
miums have 
been  paid,  &c. 
Form  of  poli- 
cies. 


tors  shall,  from  time  to  time,  direct,  by  a  vote  passed  at  a 
legal  meetins;  called  for  that  purpose.  [Appioved  by  the 
Govei-nor,  March  26,  1845.] 

An  Act  concerning  the  Equitable  Life  Assurance  Society. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  ilie  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  time  of  two  years  from  the  passage  of 
the  act  incorporating  the  Equitable  Life  Assurance  Society, 
is  hereby  allowed  to  complete  the  subscription  to  the  stock 
of  the  guaranty  capital  of  said  company. 

Sect.  2.  No  policy  issued  by  said  company  shall  be 
binding  beyond  the  term  of  time  for  which  the  premium 
thereon  has  been  fully  paid  in  advance,  in  cash  only ;  and 
these  conditions  shall  be  expressed  in  all  the  policies  of  said 
company.     [Approved  by  the  Governor,  March  26,  1845.] 


Chap  23^. 


Persons  incor- 
porated. 


Location  of 
road. 


May  enter  upon 
anci  use  the  Fall 
River  Branch 
Rail-road,  &c. 


An  Act  to  establish  the  Middleborough  Rail-road  Corporation. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, iJi  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloxos : 

Sect.  1.  Andrew  Robeson,  Nathan  Durfee,  Peter  H. 
Pierce,  Philander  Washburn,  their  associates,  and  succes- 
sors, are  hereby  made  a  corporation,  by  the  name  of  the 
Middleborough  Rail-road  Corporation,  with  all  the  powers 
and  privileges,  and  subject  to  all  the  duties,  restrictions  and 
liabilities,  set  forth  in  the  forty-fourth  chapter  of  the  Re- 
vised Statutes,  and  in  that  part  of  the  thirty-ninth  chapter 
of  said  statutes  and  all  statutes  subsequently  passed,  re- 
lating to  rail-road  corporations. 

Sect.  2.  Said  corporation  may  construct  a  rail-road 
from  a  point  in  the  town  of  Bridgewater,  on  any  rail-road 
which  may  be  constructed  to  that  town,  and  connecting 
therewith,  through  the  town  of  Middleborough,  and  near 
the  four  corners  in  said  town,  crossing  the  New  Bedford 
and  Taunton  Rail-road  near  Myrick's  Corner  in  the  town 
of  Taunton,  in  such  manner  as  not  to  interfere  with  the 
depot  buildings  of  said  road,  to  a  convenient  point  on  the 
Fall  River  Branch  Rail-road  in  the  town  of  Taunton. 

Sect.  3.  Said  Middleborough  Rail-road  Corporation  arc 
hereby  authorized,  by  proper  turn  outs  and  switches,  to 
enter  upon  said  Fall  River  Branch  Rail-road  in  the  town 
of  Taunton,  and  upon  any  rail-road  which  may  be  con- 
structed to  the  town  of  Bridgewater,  at  any  convenient  point 
in  said  Bridgewater,  and  use  said  road  or  any  part  thereof, 
paying  therefor  such  a  rate  of  toll  or  compensation  as  may, 
from  time  to  time,  be  agreed  upon,  or  as  the  Legislature 
shall  establish ;  and  complying  with  such  rules  and  regula- 


1845. Chap.  234.  565 

tions  as  said  corporations  shall  respectively  establish  :  Pro-  Provided,  &.c. 
vided,  hoioever.  that  the  corporation  hereby  established  shall 
not  enter  upon  said  roads  or  either  of  them,  with  any  mo- 
tive power  unless  the  proprietors  of  said  roads  or  either  of 
them,  shall  refuse  to  draw  over  their  respective  roads  or  any 
part  thereof,  the  cars  of  the  corporation  hereby  created. 

Sect.  4.     The  Legislature  may  authorize  any  company  Legislature 
to  enter  with   another  rail-road,   at  any  point   upon   said  "s^^se'by"^^® 
Middleborougli  Rail-road,  and  use  the  same  or  any  part  other  company, 
thereof,  paying  therefor  such  a  rate  of  toll   as  the  Legisla- 
ture may,  from  time  to  time,  establish.     Provided,  that  no  Provided,  8i.c. 
other  corporation  shall  enter  upon  said  Middleborough  Rail- 
road, with  any  motive   power,  unless   the  Middleborough 
Rail-road  Corporation  shall  refuse  to  draw  over  their  road 
or  any  part  thereof,  the  cars  of  such  corporation. 

Sect.  5.     The  capital  stock  of  said  Middleborough  Rail-  Capital  not  to 
road  Corporation,  shall  consist  of  not  more  than  twenty-five  |f^o%o  in 
hundred  shares,  the  number  of  which  to  be  determined,  shares  of  ^loo. 
from  time  to  time,  by  the  directors.     And  no  assessment 
shall  be  laid  thereon  of  a  greater  amount  in  the  whole,  than 
one  hundred  dollars  on  each  share,  and  said  corporation 
may  purchase  and  hold  such  real  and   personal  estate  as  Estate. 
may  be  necessary  for  the  purposes  of  their  incorporation. 

Sect.  6.     If  the  location  of  said  road  be  not  filed  ac-  To  be  located 
cording  to  law,  or  if  the  corporation  shall  not  complete  their  f^^" ^^^^^  I,"  . 
road,  as  is  provided  for  in  the  second  section  of  this  act,  piet'ed,  &c. 
with  at  least  one  track,  within  three  years  from  the  passage  within  3  years. 
of  this  act,  then  the  same  shall  be  null  and  void. 

Sect.  7.     The   Legislature  may,  after  the  expiration  of  Legislature 
four  years  from  the  time  when  said  rail-road  shall  be  opened  |^^^ /n^ "pr^ofits 
for  use,  alter  or  reduce  the  rates  of  toll  or  other  profits  on  after  4  years, 
said  road ;  but  said  tolls  or  profits  shall  not,  without  the  ^"eij°e'°than'° 
consent  of  said  corporation,  be  so  reduced  as  to  prodnce  lo  per  cent, 
less  than  ten  per  cent,  profits  per  annum  upon   the  invest- 
ment of  said  corporation. 

Sect.  8.     Said  Middleborough  Rail-road  Corporation,  by  Mayunitewith 
a  vote  of  its  stockholders  at  a  meeting  called  for  that  pur-  Branc?Ra?u' 
pose,   may  unite  with    the    Fall  River   Branch    Rail-road  road  Company, 
Company,  and  with  any  other  rail-road  corporation  which 
may  have  been  authorized  to  construct  a  rail-road  from  the 
town  of  Bridgewater  to  any  point  on  the  Old  Colony  Rail- 
road:   provided,   that  the  stockholders  of  the  corporation,  Provided,  &,c. 
with  whom  such   union   is  to  be  made,  shall,  at  meetings 
called  by  their  respective  corporations  for   that  purpose, 
agree  to  the  same.     And   when  such  union  shall  have  been 
made,  said  united  corporation  shall  have,  possess  and  hold 
all   the  property,  rights,  privileges  and  franchises,  and  be 
subject  to  all   the  duties,  restrictions  and  liabilities,  which 
the  corporations,  so  united,  had  enjoyed  and  been  subject 
to  under  their  respective  charters:  provided,  that  no  imion 


566 


1845.. 


■Chap.  234—236. 


When  to  take 
effect. 


between  saidMiddleborough  Rail-road  Corporation  and  said 
Fall  River  Brancli  Rail-road  Company,  shall  have  any 
legal  effect,  unless  said  Fall  River  Branch  Rail-road  Com- 
pany shall,  within  thirty  days  after  the  passage  of  any  vote 
to  make  such  union,  refund  to  any  of  its  stockholders  who 
within  said  thirty  days  shall  demand  the  same,  the  amount 
paid  by  them  on  their  stock,  with  interest  thereon;  and 
upon  such  payment  to  such  stockholders,  the  shares  which 
they  respectively  hold  shall  be  surrendered  to  said  com- 
pany. 

Sect.  9,     This  act  shall   take  effect  from  and  after  its 
passage.     [Approved  by  the  Governor,  March  26,  1845.] 


Location  of 
branch  road,  to 
be  used  with 
horse  power. 


Chap  235.  Aq  act  to  authorize  the  Charlestown  Branch  Rail-road  Company  to  construct 
■'^  a  Branch. 

BE  it  enacted  by  the  Senate  and  Honse  of  Rej)resenta- 
tives,  in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  The  Charlestown  Branch  Rail-road  Company 
are  hereby  authorized  to  locate  and  construct  a  branch  rail- 
road from  some  convenient  point  on  the  track  of  their  pre- 
sent road,  near  the  depot  in  Somerville ;  thence  in  said  So- 
merville,  on  a  curve  line  crossing  the  Middlesex  turnpike,  to 
some  convenient  point  near  the  Common  in  Cambridge. 
And  in  locating,  constructing,  and  using  said  road,  said 
Company  shall  have  all  the  powers  and  privileges,  and  be 
subject  to  all  the  duties,  liabilities  and  restrictions,  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  general  statutes 
subsequently  passed,  relating  to  such  corporations  :  provided, 
that  said  branch  rail-road  shall  be  used  only  with  horse 
power,  and  that  the  said  branch  rail-road  shall  not  be  lo- 
cated northerly  of  the  dwelling-house  of  .John  G.  Palfrey  in 
said  Cambridge. 

Sect.  2.  If  said  company  shall  not  file  the  location  of 
said  branch  rail-road,  according  to  law,  and  complete  the 
said  branch  rail-road  within  two  years  from  the  passage  of 
this  act,  then  this  act  shall  be  void. 

Sect.  3.  This  act  shall  take  effect  from  and  after  its 
passage.     [Appjoved  by  the  Govertior,  March26,  1845. J 


Location  to  be 
filed  according 
to  law,  and 
road  completed 
within  2  years. 

When  to  take 
effect. 


Chap  236. 


Streets  and 
ways,  being  pri- 
vate property, 
but  thrown  open 
to  public  use, 
must  be  graded 


An  Act  concerning  Streets  and  Ways  in  tlie  City  of  Boston. 

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

Sect.  1.-  When  any  street  or  way,  which  now  is,  or 
hereafter  shall  be  opened  in  the  city  of  Boston,  over  any 
private  land,  by  the  owners  thereof,  and  dedicated  to,  or 
permitted  to  be  used  by  the  public,  before  such  street  shall 


1845. Chap.  236—237.  567 

have  been  accepted  and  laid  out  according  to  law,  it  shall  ^^abuttors, 
be  the  duty  of  the  owners  of  the  lots  abutting  thereon,  to 
grade  such  street  or  way  at  their   own  expense,  in  such 
manner  as  the  safety  and  convenience  of  the  public  shall, 
in  the  opinion  of  the  mayor  and  aldermen  of  said  city,  re- 
quire :  and  if  the  owners  of  such  abutting  lots  shall,  after  and  in  case  of 
reasonable  notice  given  by  the  said  mayor  and  aldermen,  miyTr,'&.c.,at 
neglect  or  refuse  to  grade  such  street  or  way  in  manner  expense  of  abut- 
afuresaid,  it  shall  be  lawful   for  the  said  mayor  and  alder-  '°'^^'    *^* 
men  to  cause  the  same  to  be  graded  as  aforesaid,  and  the 
expense  thereof  shall,  after  due   notice  to  the  parties  inter- 
ested, be  equitably  assessed  upon  the  owners  of  such  abut- 
ting lots,  by  the  said  mayor  and  aldermen,  in  such  propor- 
tions as  they  shall  judge  reasonable;  and  all  assessments  so 
made  shall  be  a  lien  upon  such  abutting  lands,  in  like  man- 
ner as   taxes  are  now  a  lien  upon  real  estate:  provided,  Provided, (a-c. 
always,  that  nothing  contained  in  tliis  act  shall  be  construed 
to  affect  any  agreements   heretofore  made  respecting  any 
such  streets  or  ways  as  aforesaid,  between  such  owners  and 
said   city :  provided,   also,    that   any   such   grading  of  any 
street  or  way  by  the  mayor  and  aldermen  as  aforesaid,  shall 
not  be  construed  to  be  an  acceptance  of  such  street  or  way 
by  the  city  of  Boston. 

Sect.  2.     No  street  or  way  shall  hereafter  be  opened  as  No  streets,  &.c., 
aforesaid  in  said  city,  of  a  less  width  than  thirty  feet,  ex-  toneless  than 

.   ,       ,  ■'        r        ■  ^  Til  •'      .       '      .       30  feet  wide, 

cept  with  the  consent  of  said  mayor  and  aldermen,  m  writ-  provided,  &c. 
ing,  first  had  and  obtained  for  that  purpose. 

Sect.  3.     This  act  shall   take  effect  in  thirty  days  from  when  to  take 
the  passing  thereof,  unless  the  city  council  of  said  city  shall,  ^ff^'*^'- 
within  that  time,  vote  not  to  accept  the  same.     [Approved 
by  the  Governor,  March  26,  1S45.] 

An  Act  concerning  Fire  Districts.  Chcin'2.37 

BE  it  enacted  by  the  Senate  and  Ho7ise  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloivs  : 

Sect.  1.     Any  fire  district  organized,  or  which  may  be  Limits  of  fire 
organized,  according  to  the  statute  of  the  year  one  thousand  aiiered\'"1n-''* 
eight  hundred  and  ibrty-four,  chapter  one  hundred  and  fifty-  habitants  of  the 
two,  may,  at  a  legal  meeting  of  the  inhabitants  of  such  dis-  d'stnct,  on  peti- 

It     1    r  I  1  1        ^■      •  r  ii-       t'o"  o'  partv  in- 

trict,  called  lor  that  purpose,  alter  the  limits  oi  such  dis-  terested ; pro- 
trict,  so  as  to  exclude  therefrom  any  person,  or  the  estate  o(  ridedyheiown 
any  person,  who  may  petition  such   district  therefor :  pro-  '^'^™' ' 
aided,  the  inhabitants  of  the  town,  within  which  such  dis- 
trict is  situated,  shall  have  assented  by  vote,  to  the  exercise 
of  such  power  by  the  inhabitants  of  such  district. 

Sect.  2.     This  act  shall   take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  20,  1845.]      ^^^'^^- 


568 


1845.- 


■Chap.  238—240. 


Chap23S. 


Persons  incor- 
porated. 


May  hold  real 
estate,  not  to 
exceed  ^6,000 
in  shares  o' 


An  Act  to  incorporate  the  Proprietors  of  the  Second  Universalist  Meeting- 
house in  Cambridge. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, m  Genei'al  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  John  L,  Hobbs,  Barnabas  Binney,  and  Francis 
Draper,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Proprietors  of  the  Second 
Universahst  Meeting-house  in  Cambridge,  with  all  the  pow- 
ers and  privileges,  and  subject  to  £ill  the  restrictions,  duties 
and  liabilities,  set  forth  in  the  forty-fourth  chapter  of  the 
Revised  Statutes. 

Sect.  2.  Said  corporation  may  hold  real  estate,  to  an 
amount  not  exceeding  in  the  whole  six  thousand  dollars, 
and  the  same  may  be  divided  into  shares  not  exceeding 
one  hundred  in  number,  the  par  value  of  which  shall  be 
sixty  dollars.    [Approved  by  the  Governor,  March26, 1845.] 

An  Act  to  authorize  the  Boston  Wharf  Company  to  extend  their  Wharf. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assem^bled,  and  by  the  authority  of 
the  same,  as  follows : 

The  Boston  Wharf  Company  are  hereby  authorized  and 
empowered  to  extend  and  maintain  their  wharf,  in  South 
Boston,  in  the  direction  in  which  it  now  runs,  as  follows, 
lo  wit:  on  the  westerly  side  tiiereof,  by  the  line  established 
by  an  act  concerning  the  harbor  of  Boston,  passed  on  the 
seventeenth  day  of  March,  in  the  year  one  thousand  eight 
hundred  and  thirty-seven,  and  running  from  the  southerly 
angle  of  the  above-mentioned  commissioner's  line,  to  a  point 
in  said  line  fourteen  hundred  feet  northerly  from  the  said 
angle;  and  thence  easterly  to  the  easterly  line  of  their  wharf 
Provided, &i,c.  continued:  provided,  that  the  said  corporation  shall  not 
extend  or  maintain  the  extended  part  of  their  wharf  over 
any  creek  or  channel,  and  shall  have  the  right  to  lay  ves- 
sels at  the  sides  and  ends  of  said  wharf,  and  receive  wharf- 
age and  dockage  therefor :  provided,  that  the  provisions  of 
this  act  shall,  in  no  wise,  affect  the  legal  rights  of  any  per- 
sons or  corporations  whatever.  [Approved  by  the  Goveriior, 
March  2^,  1845.] 


Chap239. 


Wharf  in  South 
Boston  may  be 
extended,  &c. 


Chap  2A0. 


Persons  incor- 
porated. 


An  Act  to  incorporate  the  Bowditch  Mutual  Life  Assurance  Company. 

BE  it  enacted  by  the  Sefiate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam,e,  as  follows  : 

Sect.  1.  Josiah  Stickney,  Addison  Gilmore  and  Charles 
Scudder,  their  associates  and  successors,  are  hereby  made  a 
corporation,  by  the  name  of  the  Bowditch  Mutual  Life 
Assurance  Company,  to  be  established  in  the  city  of  Bos- 
ton, tor  the  purpose  of  making  assurances  on  single  lives, 


1845. Chap.  240.  569 

joint  lives  and  survivorships,  and  for  making  reversionary 
payments  on  the  principle  of  mutual  contribution  and  mu-  Princioie  of 
tual  participation  in  the  surplus  funds  or  otherwise,  with  ^u"ion,&c/' 
all  the  powers  and  privileges,  and  subject  t(*  all  the  duties, 
and  liabilities,  contained  in  the  thirty-seventh  and  forty- 
fourth  chapters  of  the  Revised  Statutes,  so  far  as  the  same 
may  be  applicable  to  this  corporation. 

Sect.  2.     When  one  hundred  and  fifty  persons  have  sub-  Organization 
scribed  to  become  members  of  the  company  by  being  assured  half  the  dire*ci- 
for  one  or  more  years,  or  for  the  Avhole  term  of  life,  the  first  o^s,  when  150 
meeting  maybe  called  for  the  purpose  of  organizing  the  ^gcomg^J^. 
corporation,  but  only  one  half  of  the  whole  number  of  di-  bers,  &c. 
rectors  shall  then  be  chosen. 

Immediately  after  such  organization,  books  shall  be  open-  Guaranty  capi- 
ed  for  the  subscription  of  a  guaranty  capital  stock  for  one  |^b*'e'^£b^nb? 
liundred  thousand  dollars,  to  be  divided  into  shares  by  the  ed,  and  half  that 
corporation,  half  of  which  shall  be  paid  in,  in  cash,  before  amount  paid  m 

1^1  ,      ,,  •  '  ■         r         1        '  previous  to 

the  said  corporation  shall  go  nito  operation  for  the  purpose  making  of  as- 
of  making  assurances;  the  other  half  of  said  stock  may  be  surances,  &c. 
called  for  by  the  directors,  from  time   to  lime,  when  they  ®,'°5jj '?  ^'^"'^ 
deem  it  necessary  or  expedient,  and  shall  be  paid  in  by  the  Ldfo  be  "^ 
holders  of  the  stock,  which  shall  always  stand  pledged  to  entitled  to 
the  corporation  for  all  such  assessments  so  called  for,  and  ^end  of  T^per 
said  stock  shall  be  entitled  to  an  annual  dividend  not  ex-  cent,  on  amount 
ceeding  seven  per  centum  on  the  amount  paid  in.  p^'  '"' 

Sect.  3.  As  soon  as  such  amount  of  stock  shall  be  so  Election  of  re- 
subscribed  and  paid  in,  as  aforesaid,  a  meeting  shall  be  "s'Tf  "^^'^'" 
called  of  the  said  stockholders,  and  they  shall  elect,  from 
their  own  number,  the  remaining  half  of  the  first  board  of 
directors ;  and  at  every  future  election  of  directors,  until 
the  guaranty  stock  shall  be  redeemed,  one  half  the  number 
shall  bo  selected  from  the  assured  for  the  whole  term  of  life, 
and  the  other  half  from  the  stockholders;  all  to  be  chosen 
jointly. 

Sect.  4.     The  funds  of  the  company  shall  be  invested  in  investment  of 
the  stocks  of  the  United  States,  of  the  State  of  Massachu-  '""'^*' 
setts,  of  the  city  of  Boston,  and  in  notes  secured  by  mort- 
gage of  unincumbered  real  estate  in  Massachusetts,  worth 
twice  the  amount  loaned  thereon. 

The  corporation  may  hold  real  estate  to  an  amount  not  Real  estate  not 
exceeding  thirty  thousand  dollars,  for  the  purpose  of  secur-  po/DW. 
ing  suitable  oflices  for  the  institution. 

Sect.  5.     At  the  expiration  of  every  three  years,  after  ®/*T'"^  ^"°** 
the  expiration  of  the  first  year,  there  shall  be  a  general  in-  tainedeverys 
vestigation  of  the  affairs  of  the  company  for  the  past  three  years,  &c., 
years,  with  an  estimate  of  the  surplus  funds  which  may  reserved Vo'r re- 
remain  after  providing  for  all  risks,  losses,  and  incidental  demption  of 
expenses.     If  it  shall  appear,  after  the  investigation,  that  f^d'mly'br''' 
there  is  a  surplus  fund  more  than  equivalent  to  the  amount  applied  to  re- 
of  debts  and  claims  against  the  funds,  one  third  of  the  esti-  JoTare"  ^"*' 
73  . 


570 


1845.- 


■Chap.  240. 


Appropriation 
of  two-thirds  of 
surplus  funds. 


Balance  state- 
ment to  be 
made  every  3 
years,  &c., 
shewing, 


Contributions 
and  interest  re- 
ceived. 


mated  surplus  funds  and  receipts  shall  be  set  aside,  with 
its  accumulations,  as  a  reserved  fund,  to  be  applied  to  the 
redemption  of  the  guarantee  stock ;  and  whenever,  after  the 
expiration  of  tefi  years  from  the  time  of  organizing  the  cor- 
poration, the  amount  of  such  reserved  funds  shall  be  suffi- 
cient for  the  purpose,  and  the  assured  shall  vote  to  redeem 
the  said  guarantee  stock,  the  same  shall  be  redeemed. 

The  remaining  two  thirds  of  the  estimated  surplus  funds 
shall  be  equitably  divided  among  the  existing  policies,  for 
one  or  more  years,  or  for  the  whole  term  of  life,  either  by 
single  contribution,  or  by  uniform  annual  contributions, 
and  allocated  to  the  original  sum  assured,  as  a  bonus,  or 
reversionary  addition,  payable  when  the  policy  emerges 
and  becomes  a  claim. 

Sect.  6.  Within  thirty  days  after  the  expiration  of  four 
years  from  the  time  of  organizing  the  company,  and  within 
thirty  days  after  the  expiration  of  every  subsequent  three 
years,  the  company  shall  cause  to  be  made  a  general  bal- 
ance statement  of  the  affairs  of  the  said  company,  which 
shall  be  entered  in  a  book  prepared  for  that  purpose.  Such 
statement  shall  contain, — 

1st.  The  amount  of  contributions  received  during  the  said 
period,  and  the  amount  of  interest  received  from  invest- 
ments and  loans. 

2d.  The  amount  of  expenses  of  the  said  company  during 
the  same  period. 

3d.  The  amount  of  losses  incurred  during  the  same  period. 

4th.  The  balance  remaining  with  said  company. 

5th.  The  nature  of  the  security  in  which  the  said  balance 

is  invested  or  loaned,  and  the  amount  of  cash  on  hand,  and 

the  aggregate  amount  of  the  sums  assured  in  the  existing 

policies. 

6th.  The  president  of  the  company  shall,  within   thirty 
days  after  the  balance  statement  is  made  up,  transmit  a 
for'the^Legisia'-  copy  thereof,  signed  and  sworn  to  by  the  president  and  a 
ture.  majority  of  the  directors,  and  also  by  the  auditor  or  audi- 

tors, and  countersigned  by  the  secretary  of  the  company,  to 
the  Secretary  of  the  Commonwealth,  to  be  by  him  laid 
before  the  Legislature. 

Sect.  7.     The  said  corporation  shall,  on  the  third  Mon- 
day of  January,  every  year,  pay  over  to  the  trustees  of  the 
be  paid  annu-     Massachusctts  General  Hospital  one  third  of  the  net  profits, 
er^'HosDhar"   '^  ^^^V^  which  shall   have  arisen   from  insurance  on  lives 
made  during  the  preceding  year. 

Sect.  8.  Whenever  any  persons  or  corporation  shall 
hereafter  be  empowered  to  make  insurance  on  lives  upon 
land,  the  obligation  of  this  corporation  to  pay  the  trustees 
of  the  General  Hospital,  for  the  use  of  said  hospital,  the 
third  part  of  the  net  profits  which  may  thereafter  arise  on 
insurance  on  lives,  shall  cease,  unless  the  same  obligations 


Expenses. 


Losses. 
Balance  on 
hand. 

Investment  of 
balance,  cash 
on  hand,  and 
sums  assured. 

Statement  to 
be  transmitted 
to  the  Secretary 


One-third  of 
net  profits  on 
life  insurance  to 


eral  Hospital, 

till  similar  cor- 

C orations  shall 
e  created, 
without  this  lia- 
bility. 


1845. Chap.  240—242.  571 

shall  b6  imposed  on  such  persons  or  corporations  thus  here- 
after empowered. 

Sect.  9.     No  policy   issued  by  said  company,  shall  be  Condition  and 
binding,  beyond  the  term  of  time  for  which  the  premium  ^°™  °^  P°''' 
thereon,  has  been  fully  paid  in  advance,  in  cash  only ;   and 
these  conditions  shall  be  expressed  in  all  the  policies  of  said 
company.     [App}oved  by  the  Governor,  March  26,  1845. J 

An  Act  to  authorize  the  Old  Colony  Rail-road  Corporation  to  build  a  Branch  (7AflD241. 
Rail-road  from  Abington  to  Bridgewater.  * 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ i?i  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  Old  Colony  Rail-road  Corporation  is  here-  Location  of 
by  authorized  to  locate  and  construct  a  IJranch  Rail-road, 
commencing  at  a  point  upon  the  Old  Colony  Rail-road,  in 
the  town  of  Abington,  thence  through  the  town  of  East 
Bridgewater,  by  a  line  passing  on  either  side  of  Sprague's 
Hill,  so  called,  to  a  point  in  Bridgewater  convenient  for  a 
depot. 

Sect.  2.     If  the  said  corporation  shall  not  file  the  loca-  Location  to  be 
tion  of  said  Branch  Rail-road  with  the  county  commission-  ye^ar,Tnd'"road 
ers  of  the  county  of  Plymouth,  within  one  year  from  the  completed 
passage  of  this  act,  or  if  the  said  branch  shall  not  be  com-  '^'''i'"^- 
plcted  within  three  years  from  the  passage  of  this  act,  then 
this  act  shall  be  void. 

Sect.  3.     In  the  laying  out,  constructing  and  use  of  said  Powers  and  lia- 
Branch  Rail-road,  the  said  corporation  shall  pos.scss  all  the  mined" by  pre- 
powers  and  privileges,  and  be  subject  to  all   the  liabilities,  viousiaws. 
which  are  granted  to  and  imposed  upon  them  by  their  orig- 
inal charter,  and  by  such  other  provisions  of  law  relating 
to  rail -roads  as  have  been  subsequently  passed. 

Sect.  4.     The  Old  Colony  Rail-road  Corporation  shall  Road  not  to  be 
not  commence  the  construction  of  the  said  Branch  Rail-  fore  April  i, 
road  between  Abington  and  Bridgewater  before  the  first  day  '^4*^- 
of  April,  one  thousand  eight  hundred  and  forty-six. 

Sect.  5.     The  said  corporation  is  hereby  authorized  to  Capital  maybe 
increase  their  capital  stock  to  an  amount  not  exceeding  four  ^4^^000.*° 
hundred  thousand  dollars. 

Sect.  6.     This  act  shall  take  effect  from  and   after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  26,  1845.]        ^  **^^" 

An  Act  concerning  the  Study  of  Medicine.  ^^A<7w242 

BE  it  enacted  by  the  Senate  and.  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     The  overseers  of  the  poor  of  any  town,   and  Bodies  required 
the  mayor  and   aldermen  of  any  city,    in   this  Common-  Ihe'^pubiic^ex-^ 
wealth,  shall,  upon  request,  give  permission  to  any  regular  pense,  shall  be 
physician,  duly  qualified  according  to  law,  to  take  the  dead  ^^^endered  by 


572 


1845.- 


■Chap.  242-— 243. 


Notice  to  be 
given  to  over- 
seers, &c.  of 
death  of  pau- 
pers. 


But  such  bodies 
shall  not  be  sur- 
rendered to 
physicians,  pro- 
vided, &c. 


overseers,  &c.  bodjes  of  such  persons  as  are  required  to  be  buried  at  the 
to^p  ysician!.,  pubji^  expeuse,  withiu  their  respective  towns  or  cities,  to  be 
by  him  used  within  this  Commonwealth  for  the  advance- 
ment of  anatomical  science,  preference  being  always  given 
to  medical  schools  by  law  established  in  this  State,  for  their 
use  in  the  instruction  of  students ;  and  it  shall  be  the  duty 
of  all  persons  having  charge  of  any  poor-house,  work- 
house, or  house  of  industry,  in  which  any  person  required 
to  be  buried  at  the  public  expense  shall  die,  immediately  to 
give  notice  thereof  to  the  overseers  of  the  poor  of  the  town, 
or  the  mayor  and  aldermen  of  the  city,  in  which  such  death 
shall  occur,  and  the  dead  body  of  such  person  shall  not, 
except  in  cases  of  necessity,  be  buried,  nor  shall  the  same 
be  dissected  or  mutilated,  until  such  notice  shall  have  been 
given,  and  permission  therefor  granted  by  said  overseers,  or 
mayor  and  aldermen. 

Sect.  2.  No  such  body  shall,  in  any  case,  be  surrender- 
ed, if  the  deceased  person,  during  his  last  sickness,  of  his 
own  accord,  requested  to  be  buried,  or  if,  within  twenty- 
four  hours  after  his  death,  any  person  claiming  to  be  of 
kindred  or  a  friend  to  the  deceased,  and  satisfying  the 
proper  authority  thereof,  shall  require  to  have  the  body 
buried ;  or  if  such  deceased  person  was  a  stranger,  or  trav- 
eller who  suddenly  died  ;  but  the  dead  body  shall,  in  all 
such  cases,  be  buried  ;  and  no  body  shall  be  surrendered 
until  the  physician  requesting  the  same,  shall  give  to  the 
board,  by  whose  order  the  same  is  to  be  surrendered,  the 
bond  required  by  the  twelfth  section  of  the  twenty-second 
chapter  of  the  Revised  Statutes. 

Sect.  3.  The  tenth  and  eleventh  sections  of  the  twenty- 
second  chapter  of  the  Revised  Statutes  are  hereby  repealed. 

Sect.  4.  This  act  shall  take  effect  from  and  after  its 
passage.     [App7^oved  by  the  Governor^  March  26,  1845.] 

An  Act  in  addition  to  the  several  Acts  concerning  the  Militia. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in   General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.  The  commanding  officer  of  every  company 
raised  at  large,  in  addition  to  the  returns  now  required  to 
be  made  to  the  commanding  officers  of  regiments  and  bat- 
talions, shall,  within  twenty  days  after  each  of  the  days  of 
inspection,  trainings  and  review,  required  by  law,  make  to 
the  adjutant  general  a  return  of  the  number  of  men  belong- 
ing to  his  company,  that  appeared,  armed,  uniformed  and 
equipped,  and  performed  duty  on  any  such  day,  together 
with  the  number  of  men  belonging  to  his  company  that 
Provided,  &,c.  were  absent ;  it  being  provided  that  not  more  than  sixty- 
four  in  number  shall  be  so  returned  as  having  done  such 
duty. 


Repeal  of  pre- 
vious laws. 

When  to  take 
effect. 


CAap243. 


Returns  to  ad- 
jutant general 
by  officers  com 
man'ling  com- 
panies, <fec. 


1845.— Chap.  243.  573 

Sect.  2.  The  adjutant  general  shall,  within  ten  days  Returns  by  ad- 
after  the  receipt  of  the  last  return  provided  for  in  the  first  io'towfs""^ 
section,  make  to  the  mayor  and  aldermen  of  any  city,  and 
the  selectmen  of  any  town,  in  which  the  company  armory  or 
place  of  assembling  the  company  is  situated,  a  return  of  the 
number  of  men,  that,  by  the  returns  made  to  him  under  the 
first  section  of  this  act,  are  entitled  to  the  pay  provided  for 
in  the  first  section  of  the  act  concerning  the  militia,  passed 
in  the  year  one  thousand  eight  hundred  and  forty-four, 
specifying  the  number  of  men  returned  under  each  parade, 
and  the  amounts  respectively  due  therefor. 

Sect.  3.     The   commanding   officer   of  every   company  9*""?^?^ '^°','-*' 
raised  at  large,  shall,  after  each  of  the  days  of  inspection,  ered  annuaUy^' 
training  and  review  required  by  law,  make  out   an  alpha-  &c.  by  officers 
betical  roll  of  the  persons,  not  exceeding  sixty-four  in  num-  compaTies'.'^&c. 
ber,  who  shall  have  appeared,  armed,  uniformed  and  equip-  to  town  officers, 
ped,  and  performed  duty  in  his  company,  on  each  of  said 
days;  and,   within  twenty   days,   annually,    after  the  last 
parade,  shall  deliver  the  same,  certified  under  his  oalh  to  be 
correct  and  true,  to  the  mayor  and  aldermen  of  any  city, 
or  the  selectmen  of  any  town,   in  which    the  company  ar- 
mory,  or  place  of  assembling  the  company,  is  situated  : 
provided,  however^  that  such  roll  shall  contain  the  names  of 
those  persons  only  who  have  performed  the  duty  required 
by  law. 

Sect.  4.  Each  member  of  a  brigade  band  shall  be  enti-  Compensation 
tied  to  receive  the  sum  of  three  dollars  for  each  full  day's  brigade  bands, 
service,  and  one  half  that  sum  for  each  half  day's  service, 
rendered  in  obedience  to  an  order  from  the  commanding 
ofiicer  of  the  brigade  to  which  such  band  may  belong,  it 
being  provided  that  such  commanding  officer  shall  not  order 
out  said  band  in  full,  or  in  sections  thereof,  more  than  three 
times,  taking  the  parades  of  both,  in  any  one  year.  > 

Sect.  5.     The  master  of  every  brigade  band  shall,  with-  Returns  bv 
in  ten  days  after  the  parade  thereof,  or  of  any  section  there-  ^J^e  band°s  to"^' 
of,  made  under  order  of  the  commanding  officer  of  the  brig-  adjutant  gen- 
ade  to  which  such  band  may  belong,  make  to  the  adjutant  ^'^^'• 
general  an  alphabetical  return  of  the  names  of  the  men 
who  appeared  in  uniform  and  performed  duly  in  such  band 
on  any  such  day,  the  last  return  to  be  made  on  or  before 
the  tenth  day  of  November,  annually  :  and  the  said  return 
shall  contain  a  certificate  signed  by  the  commanding  offi- 
cer, to  whom  said  band,  or  any  section  thereof,  was  ordered 
to  report  itself  for  duty,  setting  forth  that  the  duty  was  well 
and  faithfully  performed,  in  fault  of  which  the  members  of 
such  band,  or  of  any  section  thereof,  shall  forfeit  the  pay 
provided  for  in  the  fourth  section. 

Sect.  6.     The  master  of  each  brigade  band  shall  further  Rolls  of  mem- 
make,  after  each  day  of  the  parade  thereof,  or  of  any  sec-  bands°^io^be  dt^ 
tion  thereof,  an  alphabetical  roll  of  the  names  of  such  mem-  livered  by  mas- 


574 


1845.- 


-Chap.  243. 


ters  thereof  to 
town  officers. 


Compensa'ion 
of  members  of 
brigade  bands. 

Provided,  Si,c. 


Rolls  of  field 
and  staff  offi- 
cers, &c.  to  be 
delivered  by 
commanders  of 
regiments  and 
battalions  to 
officers  com- 
manding brig- 
ades, and  by 
commanders  of 
brigades  to 
commanders   of 
divisions,  and 
b}'  commanders 
of  divisions  to 
the  adjutant 
general. 


Compensation 
of  officers  re- 
turned. 

Roll  of  field 
and  staff 
officers,  (fee.  to 
be  submitted 
annually,  &,c. 
by  the  adjutant 
general  to  the 
Governor,  for 
payment,  &c. 


bers  of  the  band  as  appeared  in  uniform  and  performed 
duty  as  set  forth  in  the  fourth  section,  and,  within  twenty 
days  after  the  last  parade,  shall  deliver  the  same,  certified 
under  his  oath  to  be  correct,  to  the  mayor  and  aldermen  of 
any  city,  or  the  selectmen  of  any  town,  within  which  such 
master  may  reside,  and  the  mayor  and  aldermen  of  such 
city,  and  the  selectmen  of  such  town,  shall  proceed  to  pro- 
vide for  the  pay  of  such  members,  and  for  the  reimburse- 
ment thereof  on  the  part  of  the  Commonwealth,  in  the 
same  manner  as  is  provided  for  in  the  case  of  members  of 
the  volunteer  companies  of  the  militia  :  provided,  that  the 
adjutant  general  shall  have  first  certified  to  such  mayor 
and  aldermen,  or  such  selectmen,  that  from  returns  made  to 
him,  it  appears  that  the  members  aforesaid  have  well  and 
faithfully  performed  the  duties  required  of  them. 

Sect.  7.  The  commanding  officer  of  each  regiment  and 
battalion  of  the  militia  of  the  Commonweallh  shall,  annu- 
ally, within  ten  days  after  the  autumnal  inspection  and  re- 
view, make  to  the  commanding  officer  of  the  brigade  to 
which  such  regiment  or  battalion  belongs,  a  certified  roll  of 
the  names  of  the  field  and  staff"  officers  belonging  to  such 
regiment  or  battalion,  specifying  the  rank  of  each,  who  ap- 
peared, armed,  uniformed  and  equipped,  and  performed 
duty  on  said  day.  And  the  commanding  officer  of  each 
brigade  shall,  on  or  before  the  tenth  day  of  November,  an- 
nually, make  to  the  commanding  officer  of  the  division  to 
which  such  brigade  belongs,  a  certified  roll  of  the  names  of 
all  such  field  and  staff"  officers  within  his  brigade,  specifying 
the  rank  of  each,  as  have  appeared,  armed,  uniformed  and 
equipped,  and  performed  duty  at  the  brigade,  regimental, 
or  battalion  inspection  and  review.  And  the  commanding 
officer  of  each  division  shall,  on  or  before  the  first  day  of 
December,  annually,  make  to  the  adjutant  general  a  certi- 
fied roll  of  all  the  field  and  staff  officers  within  his  divi- 
sion, specifying  the  rank  of  each,  who  have  appeared, 
armed,  uniformed  and  equipped,  and  performed  duty  on 
the  days  of  such  autumnal  inspection  and  review.  And 
each  and  every  officer  who  shall  be  so  returned  to  the  ad- 
jutant general  shall  be  entitled  to  receive  the  sum  of  six 
dollars. 

Sect.  8.  The  adjutant  general  shall,  on  or  before  the 
twenty-fifth  day  of  January,  annually,  make  out  a  certified 
roll  of  the  names  of  all  the  field  and  staff  officers  that  ap- 
pear, by  returns  thus  made  to  him,  to  be  entitled  to  the  pay 
provided  for  in  the  seventh  section,  and  submit  the  same  to 
the  Governor  of  the  Commonwealth,  who  is  authorized 
hereby  to  draw  his  warrant  on  the  treasury  of  the  Common- 
wealth for  the  payment  thereof  And  no  officer,  non-com- 
missioned officer,  musician  or  private,  shall  receive  a  great- 
er sum  than  six  dollars  annually,  this  provision  not  being 


1846. Chap.  243.  575 

intended  to  apply  to  the  allowance  specially  provided  by 
law  for  the  payment  of  division  and  brigade  inspectors,  and 
adjutants  of  regiments  and  battalions,  members  of  brigade 
bands,  or  for  service  on  courts  martial. 

Sect.  9.     If  it  shall  be  made  to  appear  to  the  commander  The  command- 
in  chief,  on  representation  of  the  commanding  officer  of  any  dLband^compa- 
division  or  brigade,  that  any  company  of  cavalry,  artillery,  nies  on  repre- 
grenadiers,  light  infantry  or  riflemen,  within  such  division  cer^command-  ' 
or  brigade,  has  failed  to  comply  with  the  requisitions  of  the  ing  division  or 
law,  in  matters  of  uniform,  equipment  and  discipline,  so  that  ^"S^^^- 
it  is  incapacitated  to  discharge  the  duties  required  of  it  as  a 
portion  of  the  volunteer  militia,  such  company  may  be  dis- 
banded by  the  commander  in  chief. 

Sect.  10.     Any  city  or  town  that  shall  neglect  to  make  Towns  nedect- 
return  to  the  adjutant  general,  as  is  directed  in   the  fifth  'tums°&!:^  shaU 
section    of  the  act  concerning  the  militia,   passed  on  the  forfeit  their  right 
fourteenth  day  of  March,   in  the  year  one   thousand  eight  mem™'^"'^^ 
hundred  and  forty-four,  shall  forfeit  its  right  to  be  reim- 
bursed by  the  State;    and  any  commanding  officer  who  Penalty  of  com- 
shall  neglect  to  make  the  returns  required  by  this  act,  shall,  ^g^"  fo"^ne°^" 
for  each  offence,  be  liable  to  a  penalty  of  thirty  dollars,  to  lecting  returns. 
be  recovered  in  any  court  of  competent  jurisdiction,  for  the 
use  of  the  Commonwealth. 

And  any  commanding  officer  of  a  company,  who  shall  Penalty  for 
make  to  the  adjutant  general   a  false  return  of  the  number  commjTndi'?.^ ''^ 
of  men  belonging  to  his  company,  and  their  performance  of  officers. 
duty,  as  required  by  the  first  section  of  this  act;  or  who 
shall  make  and  certify  falsely  an  alphabetical  roll  of  the 
names  of  the  persons   who  shall  have   appeared,   armed, 
uniformed  and  equipped,  and  performed  duty  in   his  com-  * 

pany,  in  manner  prescribed  in  the  third  section  of  this  act ; 
or  shall  include  in  such  roll  the  name  of  any  person  who 
has  not  personally  appeared,  armed,  uniformed  and  equip- 
ped, and  performed  duty  as  aforesaid,  or  the  name  of  any 
person  who  has  been  excused  for  absence,  or  non-perform- 
ance of  such  duty,  shall  be  deemed  to  have  been  guilty  of 
a  misdemeanor,  and  may  be  prosecuted  therefor  by  indict- 
ment in  the  municipal  court  of  the  city  of  Boston,  if  living 
in  the  county  of  Suffolk,  or  in  the  court  of  common  pleas 
holden  in  either  of  the  other  counties  of  the  Commonwealth, 
in  which  the  officer  so  offending  shall  live,  and  upon  con- 
viction thereof  shall  forfeit  and  pay,  to  the  use  of  the  Com- 
monwealth, for  each  offence,  a  sum  not  less  than  fifty  dol- 
lars nor  more  than  one  hundred  dollars,  in  the  discretion  of 
the  court  before  which  such  conviction  shall  be. 

Sect.  11.     The  adjutant  general   shall  cause  a  copy  of  Adjutant  gen- 
this  act  to  be  sent  to  all  the  commissioned   officers  of  the  fhTs  la  an"d ""'' 
volunteer  militia,  and  shall   provide  forms  of  the  returns  to  blank  forms, 
be  made  to  him  by  the  cities  and  towns,  and  by  the  com- 
pany coramanding  officers. 


576  1845. Chap.  243—246. 

Repeal  of  in-  Sect.  12.  The  third,  fourth  and  sixth  sections  of  the 
vi's'iS"'  P^°"  act  concerning  the  militia,  passed  on  the  fourteenth  day  of 
March,  one  thousand  eight  hundred  and  forty-four,  and  all 
acts,  or  parts  of  acts,  to  which  this  is  an  addition,  inconsis- 
tent with  the  provisions  of  this  act,  are  hereby  repealed. 
[Approved  by  the  Governor,  March  26,  1845.] 

Chat)'2.A"^  An  Act  concerning  the  Harvard  Congregational  Society  in  Brookline. 

BB  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ ill  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows : 
May  borrow  Sect.  1.     The  Harvard  Congregational  Society  are  here- 

gagef&^.,'"°'^''  ^y  authorized  and  empowered,  from  time  to  time,  to  borrow 
money  for  parochial  and  other  incidental  purposes,  and  se- 
cure the  payment  thereof  by  mortgaging  any  real  estate  of 
the  said  corporation, 
as  proprietors,  Sect.  2.  Such  sums  may  be  borrowed,  and  such  mort- 
fng^ may  dTrec t"  g^ges  made  for  the  purposes  aforesaid,  as  the  said  proprie- 
tors shall,  from  time  to  time,  direct  by  a  vote  passed  at  a 
legal  meeting  called  for  that  purpose.  [App?'oved  by  the 
Gover?ior,  March  26,  1845. j 

ChciJ)^4t5.  -^^  ^'^'^  ^°  authorize  the  Norwich  and  Worcester  Rail-road  Company  to  sub- 
■^  '       scribe  to  the  Capital  Stock  of  the  Worcester  and  Nashua  Eail-road  Com- 

pany. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
not'^lo^eSed         ^^^   Norwich  aud  Worcester  Rail-road    Company  are 
^400,000.  hereby  authorized  to  subscribe  to  the  capital  stock  of  the 

Worcester  and  Nashua  Rail-road  Company,  to  an  amount 
When  to  take  jjot  exceeding  four  hundred  thousand  doWdi'cs:  provided, 
this  act  shall  not  take  effect  until  the  same  shall  have  been 
accepted  by  the  stockholders  of  said  Norwich  and  Worces- 
ter Rail-road  Company,  at  a  meeting  called  for  that  pur- 
pose.    [Approved  by  the  Governor,  March  26,  1845.] 

Chat)  246.     ■^'^  ■^'^^  ^'^  addition  to  an  Act  to  establish  the  Eastern  Rail-road  Company. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

May  construct        gg^T.  1.     The  Eastem   Rail-road  Company  are  hereby 

a  branch  rail-  ,        ■        i  •   i        1 1      i  i         •     •  i  i         i  •     "^ 

road.  authorized,  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  thirty-ninth  chapter,   and  all  statutes  subse- 

Locationofthe  queutly  passcd,  relating  to  rail-road  companies,  to  locate 
and  construct  a  branch  rail-road,  commencing  at  some  eli- 
gible point  in  the  westerly  part  of  the  town  of  Gloucester, 
as  may  be  most  convenient,  thence  running  in  a  westerly 


1846. Chap.  246—247.  $77 

direction  through  the  towns  of  Manchester,  Beverly,  Essex, 
Hamilton  and  Wenham,  or  either  of  said  towns,  to  some 
convenient  point  of  intersection  with  the  road  of  said  I^Jast- 
ern  Rail-road  Company  ;  with  leave  to  extend  said  rail- 
road from  Gloucester  to  Rockport. 

Sect.  2.     The  said  company  are  hereby  authorized  to  Capital  may  be 
increase  their  capital  stock  by  the  creation  of  not  more  than  '^500^000,  in 
five  thousand  shares,  of  one  hundred  dollars  each.     [Ap-  shares  of  poo. 
proved  by  the  Governor,  March  26,  1845.] 

An  Act  concerning  Juvenile  Offenders  in  the  City  of  Lowell.  Chfin  247 

BE  it  enacted  by  the  Senate  and  House  of  Representa-  " 

tives.  ill  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  folloiDs,  viz : 

Sect.  1.     The  city  council  of  the  city  of  Lowell,  is  here-  city  council  of 
by  authorized  to  erect  a  building  in  said  city  for  the  recep-  ere^t^r'^se  a 
lion,    instruction,    employment,    and   reformation   of   such  building  for  the 
juvenile  offenders  as  are  hereinafter  named ;  or  to  use,  for  of^uve^niie*^*^' 
these  purposes,   the  almshouse  in  said  city,  or  any  other  offenders, 
house  or  building  belonging  to  said  city,  that  the  city  coun-  , 
cil  may  appropriate  to  these  uses. 

Sect.  2.     The  overseers  of  the  poor  of  said  city,  or  such  Overseers,  &c. 
other  persons  as  said  city  council  shall  appoint  directors  of  [JJe^ei'n'^chndren 
said  house  for  the  employment  and  reformation  of  juvenile  of  Lowell  con- 
offenders,  shall  have  power,  at  their  discretion,  to  receive  ^'Ij'^^^*'^^^'"' 
and  take  into  said  house,  all  such  children  resident  at,  or 
belonging  to  said  city,  who  shall  be  convicted  of  criminal 
offences,  or  taken  up  and  committed  under  and  by  virtue  of 
the  fifth  and  sixth  sections  of  the  one  hundred  forty-third 
chapter  of  the  Revised  Statutes  of  this  Commonwealth ; 
and  who  may,   in   the  judgment  of  any  justice  of  the  su- 
preme judicial  court,  or  of  the  court  of  common  pleas,  sit- 
ting within  and  for  the  county  of  Middlesex,  or  of  the  jus- 
tice of  the  police  court  within  and  for  said  city,  be  proper 
objects  therefor ;  and  upon  the  conviction  or  commitment  Nctice  of  con- 
aforesaid,  of  any  such  child,  in  the  iudgment  of  any  such  viction,  &c.  to 

.  '  ■'    ,  ■  r  1  -11  /•  1  be  given  by  jus- 

justice,  a  proper  object  lor  the  said  house  oi  employment  tices  to  direc- 
aiid  reformation,    the  said  justice;  previously  to  declaring  ^"^^°f^°^^^«°'" 
the  sentence  of  the  law  on  such  child,  shall  cause  notice  to  &i. 
be  given  to  the  directors  of  the  said  house;  and  in  case  the 
said  directors  shall  declare  their  assent  to  the  admission  of 
such  child  into  said  house,   the  said  justice  shall  sentence 
him  or  her  to  be  committed  to  said  house  of  employment 
and  reformation,  subject  to  the  control  of  the  directors  there- 
of, in  conformity  with  the  provisions  of  this  act. 

Sect.  3.     Any  justice  of  either  of  the  said  courts  respec-  Children  of  idle 
lively,  on  the  application  of  the  mayor,  or  any  alderman,  y^^^  on  ^appUca- 
of  the  city  of  Lowell,   or  of  any  director  of  the  house  of  tion,  (fcc,  may 
reformation,  or  of  any  overseer  of  the  poor  of  said  city,  gaid^^^ousrlnd 
shall  have  power  to  sentence  to  said  house  of  employment  kept  therein, 

74  &c.,  till  of  age. 


578 


1845.- 


■Chap.  247. 


Authority  of 
overseers,  ^c. 
in  respect  to 
said  house. 


Court  may  dis- 
charge on  rep- 
resentation of 
overseers,  &c. 


Children  may- 
be transferre'd 
by  justices  from 
jails,  &.C.  to 
said  house  on 
application,  &c. 


and  reformation,  all  children  resident  in,  or  belonging  to  said 
city,  who  live  an  idle  or  dissolute  life,  whose  parents  are 
dead,  or,  if  living,  from  drunkenness,  or  other  vices,  neg- 
lect to  provide  any  suitable  employment,  or  exercise  any 
salutary  control  over  said  children.  And  the  persons  thus 
committed,  shall  be  kept,  governed,  and  disposed  of,  as 
hereinafter  provided,  the  males  till  they  are  of  the  age  of 
twenty-one  years,  and  the  females  of  eighteen  years. 

Sect.  4.  The  overseers  of  the  poor  of  said  city,  or  such 
other  persons  as  the  said  city  council  may  appoint  directors 
of  the  institution  authorized  by  this  act,  may  receive  the 
persons  sentenced  and  committed  as  aforesaid,  into  said  in- 
stitution ;  and  they  shall  have  power  to  place  the  persons 
committed  to  their  care,  the  males  until  they  arrive  at  the 
age  of  twenty-one  years,  and  the  females  until  they  arrive 
at  the  age  of  eighteen  years,  at  such  employments,  and  to 
cause  them  to  be  instructed  in  such  branches  of  useful 
knowledge,  as  shall  be  suitable  to  their  years  and  capacity ; 
and  they  shall  have  power  to  bind  out  said  minors,  as  ap- 
prentices or  servants,  until  they  arrive  at  the  ages  afore- 
said, to  such  persons,  and  at  such  places,  to  learn  such 
arts,  trades,  and  employments,  as  in  their  judgment  will  be 
most  for  the  reformation,  amendment,  and  future  benefit 
and  advantage  of  such  minors.  And  the  provisions  of  the 
eightieth  chapter  of  the  Revised  Statutes  of  this  Common- 
wealth, (except  the  second  section  of  said  chapter,)  are 
hereby  adopted  as  parts  of  this  act,  but  the  overseers  or  di- 
rectors specified  in  this  act,  shall  have  all  the  powers,  and 
be  subject  to  all  the  duties,  of  the  overseers  and  selectmen, 
as  set  forth  in  said  chapter;  and  the  master  or  mistress, 
and  the  servant  and  apprentice  bound  out  as  aforesaid, 
shall  have  all  the  rights  and  privileges,  and  be  subject  to  all 
the  duties,  set  forth  in  the  aforesaid  chapter  (except  as 
aforesaid). 

Sect.  5.  Whenever  said  overseers  or  directors  shall 
deem  it  expedient  to  discharge  any  minor  committed  to 
their  charge  as  aforesaid,  and  not  bound  out  as  a  servant  or 
apprentice,  and  shall  recommend  the  same  in  writing  to  the 
court  by  which  said  minor  was  committed,  said  court  shall 
have  power  to  discharge  him  or  her  from  the  imprisonment 
or  custody  aforesaid. 

Sect,  6.  Either  of  the  said  justices,  on  the  application 
of  either  of  the  persons  mentioned  in  the  third  section  of 
this  act,  shall  have  power  to  order  the  transfer  of  any  child 
committed  to  the  common  jail  or  the  house  of  correction, 
and  inmates  of  the  same,  at  the  time  of  the  passing  of  this 
act,  and  belonging  to,  or  having  their  residence  in  said  city, 
to  the  said  house  for  the  employment  and  reformation  of 
juvenile  offenders,  to  be  received,  kept,  or  bound  out,  by 
the  directors  thereof,  in  conformity  with  the  provisions  of 
this  act.     [Approved  by  the  Governor,  March  26,  1845.] 


1845. — -Chap.  248—249.  579 

An  Act  in  relation  to  Rewards  to  Prosecutors  in  certain  cases.  ChttJ)  248. 

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

Sect.  I.     The  nineteenth  section  of  the  one  hundred  and  Rewards  of 
twenty-seventh  chapter,  and  the  seventh  section  of  the  one  coumerfeiters*^ 
hundred  and  thirty-second  chapter  of  the  Revised  Statutes,  venders  oMot- 
providin^  for  the  payment,   out  of  the  pubHc  treasury,  of  no7to*be'*aid*'" 
rewards  to  prosecutors  in  certain  cases,   togetlier  with  the  from  the  public 
one  hundred  and  fifty-third  chapter  of  the  acts  of  the  year  treasury, 
eighteen  hundred  and  forty-five,  upon  the  same  subject,  are 
hereby  repealed. 

Sect.  2.     This  act  shall   take  eflfect  from  and  after  its  When  to  take 
passage.     [App)'oved  by  the  Governor,  March  26,  1845.]         ^^^*^^' 

An  Act  to  incorporate  the  Trustees  of  the  First  Methodist  Episcopal  Church   ^r       qxq 
in  Cambridgeport.  L>ll(ip  Z^v, 

BE  it  enacted  by  the  Senate  and  Hovsc  of  Representa- 
tives, in  General  Court  assembled,  and  by  the  authority  of 
the  sam,e,  as  follows  : 

Sect.  1.  John  Clark,  Emery  Bemis,  Amos  B.  Merrill,  Persons  incor- 
Elbridge  G.  Wallis,  Josiah  Richardson,  Samuel  M.  Cofrain,  P'"'^'^''- 
Barnes  Putnam,  William  W.  Wiggin,  and  Elijah  Ames, 
their  associates  and  successors  in  office,  are  hereby  made  a 
corporation,  by  the  name  of  the  Trustees  of  the  First  Meth- 
odist Episcopal  Church  in  Cambridgeport,  with  all  the 
powers  and  privileges^  and  subject  to  all  the  duties  and  lia- 
bilities, set  forth  in  the  forty-fourth  chapter  of  the  Revised 
Statutes,  as  far  as  they  are  applicable. 

Sect.  2.     Said  corporation  shall  have  power  to  receive,  Estate  addition- 
hold  and  manage  all  the  property,  both  real  and  personal,  foVeW^M  in^ 
belonging  to  said  church,   and  any  gift,  grant,   bequest  or  come  not  ex- 
donation,  that  may  be  made  to  them  for  the  benefit  of  said  to bcMproj^i?' 
church,  shall  be  held  in   trust,  for  the  support  and  mainte-  ated,  &.c. 
nance  of  public  worship,  and  other  parochial   purposes  : 
provided,  that  the  annual  income  arising  from  such  estate 
shall  not  exceed  one  thousand  dollars  in  addition  to  the 
meeting-house  and  land  under  and  adjoining. 

Sect.  3.     The  number  of  trustees  shall,  at  no  time,  be  Number,  ap- 
less  than  five,  or  more  than  nine,  a  majority  of  whom  shall  of  truTtees.^'^* 
constitute  a  quorum  for  doing  business,  and  all  vacancies 
that   may  happen,   from  death,   resignation   or  otherwise, 
shall  be  filled  according  to  the  rules  and  usages  of  said 
church. 

Sect.  4.     This  act  shall   take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  26,  1845.]  * 


580 


1846.- 


-Chap.  260—261. 


Chap  250, 


Compensation 
to  be  deter- 
mined and  al- 
lowed quarterly 
by  the  Govern- 
or, with  advice, 
&c.,  after  July 
1,1845. 


Repeal  of  in- 
consistent pro- 
visions. 


An  Act  concerning  the  Compensation  of  the  Agent  to  superintend  the 
Charles  River  Bridge  and  the  Warren  Bridge. 

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

Sect.  1.  From  and  after  the  first  day  of  July  next,  the 
compensation  allowed  by  law  to  the  agent  appointed  to 
superintend  the  Charles  River  Bridge  and  the  Warren 
Bridge,  shall  be  regulated  by  the  Governor,  with  the  advice 
and  consent  of  the  council,  according  to  the  amount  of  labor 
and  attention  which  the  said  agent  shall  appear  to  them  to 
have  devoted  to  the  duty,  the  said  compensation  to  be  de- 
termined at  the  end  of  each  and  every  quarter  of  the  year. 

Sect.  2.  So  much  of  the  fourth  section  of  an  act  passed 
on  the  fourth  of  March,  one  thousand  eight  hundred  and 
forty-two,  entitled  "  An  Act  in  addition  to  an  Act  relating 
to  Charles  River  Bridge  and  Warren  Bridge,"  as  is  incon- 
sistent with  the  provisions  of  this  act,  is  hereby  repealed. 
[Approved  by  the  Governor,  March  26,  1845.] 


Chap25l, 


Persons  incor- 
porated. 


Location  of 
roa<^. 


May  enter  upon 
and  use  the 
Nashua  and 
Lowell  Rail- 
road, in  Chelms- 
ford, and  the 
Fitchburg  Rail- 
road, in  Groton, 
&c. 


An  Act  to  establish  the  Stony  Brook  E ail-road  Corporation. 

BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives, in  General  Court  assemhled,  and  by  the  authority  of 
the  same,  as  follows : 

Sect.  1.  John  W.  P.  Abbott,  Jonas  Prescott,  Luther 
Prescott,  Sherman  D.  Fletcher,  Samuel  Fletcher,  and  Na- 
hum  H,  Groce,  their  associates  and  successors,  are  hereby 
made  a  corporation,  by  the  name  of  the  Stony  Brook  Rail- 
road Corporation,  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  thirty-ninth  chapter  of  said  Statutes,  relat- 
ing to  rail-road  corporations,  and  all  statutes  subsequently 
passed,  relating  to  rail-road  corporations. 

Sect.  2.  Said  corporation  may  construct  a  rail-road  from 
some  point  at  or  near  the  depot  of  the  Nashua  and  Lowell 
Rail-road,  in  North  Chelmsford,  so  called,  in  Chelmsford, 
and  thence  westerly,  on  the  most  convenient  line,  through 
the  towns  of  Chelmsford,  Westford,  Littleton,  and  Groton, 
to  a  point  on  the  Fitchburg  Rail-road,  in  the  southerly  part 
of  said  town  of  Groton. 

Sect.  3.  Said  corporation  are  hereby  authorized  to  enter 
with  their  rail-road,  by  proper  turn-outs  and  switches,  upon 
any  part  of  the  Nashua  and  Lowell  Rail-road,  in  the  town 
of  Chelmsford,  and  the  Fitchburg  Rail-road,  in  the  town  of 
Groton,  and  use  the  same,  or  any  part  thereof,  paying 
therefor,  such  a  rate  of  toll  or  compensation  as  may  be 
agreed  upon  by  the  parties,  or  as  the  Legislature  may,  from 
time  to  time,  prescribe,  and  complying  with  such  rules  and 
regulations  as  may  be  established  by  said  Nashua  and  Low- 


1845. Chap.  251.  581 

ell  Rail-road,  or  the  said  Fitchburg  Rail-road  Corporations: 
provided^  however^  the  said  Stony  Brook  Raii-road  shall  not  Provided,  &lc. 
enter  upon  said  Nashua  and  Lowell  Rail-road,  or  the  said 
Fitchburg  Rail-road,  with  any  motive  power,  unless  the 
said  Nashua  and  Lowell  Rail-road  Corporation,  or  the  said 
Fitchburg  Rail-road  Corporation,  shall  refuse  to  draw  over 
their  said  roads,  or  any  part  thereof,  the  cars  of  the  said 
Stony  Brook  Rail-road. 

Sect.  4.     The  capital  stock  of  said  corporation  shall  con-  Capital  not  to 
sist  of  not  more  than  two  thousand  shares,  the  number  of  I200000  in 
which  shall  ba  determined,  from  time  to  time,  by  the  direct-  shares  of  gioo. 
ors  thereof;  and  no  assessment  shall  be  laid  thereon,  of  a 
greater  amount,  in  the  whole,  than  one  hundred  dollars  on 
each  share.     And  said  corporation  may  take,  purchase,  and  Estate. 
hold  such  real  estate,  and  may  purchase  and  hold  such 
engines,  cars,  and  other  things,  as  may  be  necessary  for  the 
use  of  said  road,  and   for  the  transportation   of   persons, 
goods,  and  merchandise. 

Sect.  5.     The  Legislature  may,  after  the  expiration  of  Legislature  may 
four  years  from  the  time  when  the  said  rail-road  shall  be  &c"'^aftTr'T 
opened  for  use,  from  time  to  time,  alter  or  reduce  the  rate  of  years,  but  not 
tolls,  or  other  profits,  upon  said  road  ;  but  the  j^aid  tolls  iesrthrn"^ioter 
shall  not,  without  the  consent  of  said  corporation,  be  so  re-  cent,  per  an- 
duced  as  to  produce  less  than  ten  per  cent,  per  annum.  """"• 

Sect.  6.     If  the  said  corporation  shall  not  be  organized.  Road  to  be  lo- 
and  the  location  of  their  road  filed  with  the  commissioners  ^^Ihin  2^years, 
of  the  county  of  Middlesex  within  two  years  :  or  if  the  said  and  completed 
rail-road  shall  not  be  completed  within  four  years  from  the  ^'^"°  *• 
passage  of  this  act,  then  this  act  shall  be  void. 

Sect.  7.     The   Legislature  may  authorize  any  corpora-  Legislature  may 
tion  to  enter  with  another  rail-road,  at  any  point  of  the  said  authorize  its  use 
Stony  Brook   Rail-road,   and  use   the  same,  or  any  part  rations. 
thereof,  paying  therefor  such  rate  of  toll  or  compensation 
as  may  be  mutually  agreed  upon,  or  as  the  Legislature 
may,  from  time  to  time,  prescribe,  or  may  be  fixed  under 
the  provisions  of  any  general  law  of  this  Commonwealth, 
complying  with  the  rules  and  regulations  which  may  be 
established  by  the  said  Stony  Brook  Rail  road  Corporation  : 
provided,  hoivever,  that  no  other  corporation  shall  enter  upon  Provided,  &.c. 
said  Stony  Brook  Rail-road,  with  any  motive  power,  unless 
the  said  Stony  Brook  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  said  Stony  Brook  Rail- 
road. 

Sect.  8.     This  act   shall    take  effect  from  and  after  its  When  to  take 
passage.     [Approved  by  the  Governor,  March  26,  1845.] 


D\ 


1845.. 


-Chap.  ^52. 


Chap  252. 


Five  commis- 
sioners to  be 
appointed  by 
the  Governor, 
with  advice,  &c. 
for  2  years  from 
May  1,  1845. 
Provided,  &c. 


Removals  and 
filling  vacan- 
cies. 


Chairman  of 
commissioners. 


Two  special 
commissioners 
to  be  appointed 
by  the  Govern- 
or, with  advice, 
&c.,for  2  years, 
from  May  1, 
1845:  provided, 
&c. 


Duty  of  special 
commissioners. 


Petitions  for 
charters,  and 
proceedings 
thereupon. 


An  Act  providing  for  the  appointment  of  a  Board  of  Rail-road  Commissioners. 

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

Sect.  i.  The  Governor,  by  and  with  the  advice  of  the 
council,  shall  appoint  and  commission  five  persons,  who 
shall,  together,  constitute  "  the  Board  of  Rail-road  Commis- 
sioners," and  the  said  commissioners  shall  respectively  hold 
their  offices  for  the  term  of  two  years,  to  commence  the 
first  day  of  May  :  provided,  that  of  the  members  of  said 
board  first  appointed,  two  shall  be  appointed  for  the  term 
of  one  year,  and  three  for  the  term  of  two  years,  and,  as 
their  terms  of  ofiice  expire,  others  shall  be  appointed  in  their 
places,  to  hold  their  offices  for  two  years  respectively,  and 
no  person  shall  be  appointed  commissioner  or  special  com- 
missioner, who  holds  any  office  in  any  rail-road  corporation. 

Any  commissioner  or  special  commissioner  appointed 
under  this  act,  may  be  removed  by  the  Governor,  by  and 
with  the  advice  of  the  council,  and  any  vacancy  by  remo- 
val, death,  resignation  or  otherwise,  shall  be  filled  by  an 
appointment  for  the  remainder  of  the  term  of  the  member 
whose  place  is  to  be  filled.  One  member  of  said  board  shall 
be  designated  in  his  commission  as  chairman  thereof,  who 
shall  preside  in  all  meetings  of  said  board  when  present^ 
and  in  his  absence  the  board  may  appoint  a  chairman  pro 
tempore. 

Sect.  2.  The  Governor,  by  and  with  the  advice  of  the 
council,  shall  also  appoint  and  commission  two  persons  as 
special  rail-road  commissioners,  who  shall  respectively  hold 
their  offices  for  two  years,  to  commence  on  the  first  day  of 
May  :  provided,  that  of  the  special  commissioners  first  ap- 
pointed, one  shall  be  appointed  for  one  year  and  one  for 
two  years,  and,  as  their  terms  of  office  expire,  others  shall 
be  appointed  in  their  places,  to  hold  their  offices  for  two 
years  respectively  ;  and  in  case  any  commissioner  shall  be 
directly  interested  in  any  question  before  the  board,  or  if 
the  proposed  road  or  any  part  thereof,  shall  lie  in  the  town 
in  which  any  commissioner  resides,  the  chairman  shall  give 
notice  to  one  or  both  of  the  special  commissioners,  as  the 
case  may  require,  who  shall  act  in  that  matter  with  the 
same  power  and  authority,  as  the  commissioner  or  commis- 
sioners who  are  disqualified  to  act. 

Sect.  3.  Any  petition  for  a  rail-road  charter  may  be  ad- 
dressed to  said  board,  and  presented  to  the  chairman  on  or 
before  the  first  day  of  November  in  each  year  ;  and  it  shall 
be  the  duty  of  said  chairman  to  issue  orders  of  notice  to  all 
persons  interested  in  any  such  petition,  and  to  make  the 
same  returnable  at  some  convenient  time  and  place  for  a 
hearing ;  and  the  said  board  may,  whenever  they  deem  it 
necessary  for  the  full  understanding  of  the  matter,  and  the 


i 


1845. Chap.  252—253.  ,  58S 

furtherance  of  justice,  adjourn  any  meeting,  issue  further 

orders  of  notice,  require  further  plans,  surveys  or  estimates, 

and  make  view  of  the  proposed  route  or  track ;  and  they  Powerofcom- 

sliall  have  as  ample  powers  as  the  iustices  of  the  supreme  m'ssioners  to 

t        ~  ,      ,  ■*  -^  *'  ■*■  issue  SllIIl" 

judicial  court  have,  to  issue  summonses,  compel  the  attend-  mouses,  &c. 
ance  of  witnesses,  and  to  preserve  order. 

Sect.  4.     Petitioners,   before   presenting  their   petitions.  Petitions  to  be 
shall  comply  with  the  requisitions  of  the  46th  section  of  the  b^r^on  of^ 
39th  chapter  of  the  Revised  Statutes,  and  of  all  such  acts  as  engineer,  &c. 
may  be  in  force  on  the  same  subject. 

Sect.  5.     The  said  board  shall,  on  or  before  the  tenth  Keportofcom- 
day  of  January,  in  each  year,  make   to  the  Legislature  a  LedTiature,° 
detailed  report  of  each  case  examined  by  them,  with  the  and  proceedings 
material  facts  and  evidence  bearing  upon   the  case,  accom-  ^  ®''^"p°°- 
panied  by  the  petition,  estimates,  plans,  surveys  and  other 
documents  ;  and  the  said  petition,  upon  such  report,  may 
be  acted  upon  by  the  Legislature  without  further  orders  of 
notice. 

Sect.  6.  The  said  commissioners  shall  be  paid  by  the  Compensation 
petitioners,  in  each  case,  and  shall  each  be  entitled  to  re-  ^^^''ommLssion. 
ceive,  in  full  for  their  services,  at  the  rate  of  one  dollar  for 
every  ten  miles'  necessary  travel,  and  five  dollars  a  day 
exclusive  of  the  days  of  travel,  for  the  time  employed  in 
discharging  the  duties  of  their  office ;  and  they  may,  in  each 
case,  before  proceeding  to  the  examination,  require  the  pe- 
titioners to  give  bond  with  sufficient  sureties,  to  the  chair- 
man, for  the  payment  thereof 

Sect.  7.     This  act  shall  take  effect  from  and  after  its  When  to  take 
passage.     [Approved   by   the    Governor,  March  26,  1845.]  ®^'^'- 

Au  Act  to  establish  additioaal  Terras  of  the  Court  of  Common  Pleas  for  the  Ohcif)^53. 
County  of  Hampden.  -* 

BJE  it  enacted  by  the  Senate  and  Honse  of  Representa- 
tives^ in  General  Court  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 

Sect.  1.     There  shall  be  holden  at  Springfield,  within  Two  additional 
and  for  the  county  of  Hampden,  two  additional  terms  of  g""|!JJ°J^''''^'*^ 
tlie  court  of  common  pleas,  annually,  to  wit:  on  the  third  at  Springfield, 
Monday  of  May  and  the  first  Monday  of  December,  for  the  <""/ the  despatch 

J  .-;  ..,,.  ^..,  '  oi  criminal  bu- 

disposuion  of  the  crimmal  busmess  of  said  county.  siness. 

Sect.  2,     The  civil  business  of  the  said  court  in  said  Terms  for  the 
county,  shall  be  transacted  exclusively  at  the  three  terms  ""ansae non  of 

,  •'J  1  1  •    1       1     •  -1  ^  11  •       ■        ,    crimmal  and  of 

heretofore   established  in   said   county,   and    the   criminal  civil  business 
business  thereof  shall  be  transacted  exclusively  at  the  terms  |o  be  kept  dis- 
established by  this  act;   and  all  continuances  of  civil  or 
criminal  cases  shall,  without  any  special  order  therefor,  be 
had  to  the  next  term  of  the  said  court,  to  be  holden  for  the 
transaction  of  business  of  the  same  description. 

Sect.  3.     All  appeals,  recognizances,  continuances  and  Appeal,,  &c., 

J  '  ^        .1  ^.  J  ^1  •  /•  ••       1  now  returnable 

processes,  and  every  other  matter  and  thing  of  a  criminal  injaneLext, 


584  1845. Chap.  253—254. 

made  returnable  nature,  whicli  would  be  returnable  to,  or  have  day  in,  the 

in  May.  court  of  common  pleas,  to  be  holden  in  said  county,  on  the 

second   Monday  of  June  next,  if   this  act  had  not  been 

passed,  shall  be  returnable  to,  and  have  day  in,  that  court 

at  the  term  thereof  hereby  established,  on  the  third  Monday 

of  May  next. 

Grand  jurors  to       Sect.  4.     The  grand  jurofs  for  the  said  county  of  Hamp- 

atteud  only  at     (jg^^  shall  be  required  to  attend  only  at  the  said  terms  hereby 

lished'bj' this  "  established  for  the  transaction  of  criminal  business.     [Ap- 

act  proved  by  the  Governo?-,  March  26,  1845.] 

ChO/P^54i.  An  Act  to  incorporate  the  Massachusetts  "Woollen  Manufacturing  Company. 
BE  it  enacted  by  the  Senate  and  House  of  Representa- 
tives^ in  General  Court  assembled^  and  by  the  authority  of 
the  same,  as  folloivs : 

Persons  ineor-        Sect.  1 ,     A.  P.  Kimball,  Charles  R.  Bond,  and  Joseph  H. 

porated  to  man-  j^^fja^^j^s   their  associates  and  successors,  are  hereby  made  a 

ulacture  woollen  '  r      ^  n/r  i  x\t 

goods  in  Rox-    corporatjou,  by  the  name  of  the  "Massachusetts  Woollen 
bury.  Manufacturing  Company,"  for  the  purpose  of  manufactur- 

ing woollen  goods  in  the  town  of  Roxbury,  in  the  county  of 
Norfolk,  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. 
Real  estate  not       Sect.  2.     Said  Corporation    may  hold,  for  the  purposes 
wsoooo'^and      aforesaid,  real  estate  to  the  amount  of  fifty  thousand  dol- 
capi'Lai, '  ^"       lars,  and  the  whole  capital  stock  of  said  company  shall  not 
^150,000.  exceed  one  hundred  and  fifty  thousand  dollars.     [Approved 

by  the  Governor^  March  26,  1845.] 


RESOLVES 


PASSED    BY   THE 


legislature  of  fl0assacJ)userts* 


Resolve  authorizing  the  Governor  to  retain  Counsel  in  behalf  of  the  Com-  Qfidj),   \ , 
monwealth,  in  a  certain  action  now  pending  in  the  Supreme  Court  of  the  ■»  * 

United  Stales. 

Whereas,  There  is  now  pending,  in  the  supreme  court  of 
the  United  States  at  Washington,  a  certain  action  in  which  The  Governor, 
Samuel  Thurlow  is   plaintiff,  and  the  Commonwealth  is  ^cl'may  re'tain, 
defendant  in  error  ;  therefore  and  fix  the  com- 

Resolved,  That  His  Excellency  the  Governor,  by  and  with  Po^3eiTn°he 
the  advice  of  his  council,   is  hereby  authorized  to  retain  case  of  Samuel 
counsel  in  said  action,  and  to  fix  the  compensation  of  the  commonweaiuf 
aforesaid  counsel,  and  draw  his  warrant  on  the  treasury  for 
the  same.     [Appi'ovcd  by  the  Governor,  Jan.  18^  1845.] 

Resolve  for  re-payment  of  a  portion  of  the  Bank  Tax  collected  of  the  Warren   Hlfff^n    2 
Bank  at  Danvers,  and  the  Grand  Bank  at  Marblehead.  l^flup.  >6. 

Resolved,  That  there  be  allowed   and  paid,   out  of  the 
treasury  of  the  Commonwealth,  to  the  Warren  Bank,  at  52333  to  be  re- 
Dan  vers,  the  sum  of  twenty -three  dollars  and  thirty-three  "^^^^bJ^^^^' 
cents,  and  to  the  Grand  Bank,  at  Marblehead,  the  sum  of  and^ig  4o  to' 
nineteen  dollars  and  forty-four  cents,   in  full  discharge  of  ^Ink  &c 
the  several  claims  of  said  banks  for  over-payments  made 
by  them  to  the  treasurer  of  the  Commonwealth,  in  the  year 
eighteen  hundred  and  forty-four,  and  that  his  excellency 
the  Governor  be  authorized   to  draw  warrants  accordingly. 
[Approved  by  the  Governor,  Jan.  22,  1845.] 

Resolve  authorizing  the  Governor  to  procure  certain  Documents  in  Europe,  r^hfiin    g 

Besoloed,  That  His  Excellency  the  Governor  be,  and  he 
is  hereby   authorized   to  take  such  measures  as  he  may  a  sum  not  ex- 
deem  expedient,  to  procure  the  originals,   if  practicable,  if  "b*e"ex^nded 
not,  copies  of  all  such  documents  in  the  public  offices  of  in  procuring 
Great  Britain  and  of  France,  as,   in  his  judgment,  may  documents,  &c. 
serve  to  complete  the  records,  or  to  illustrate  the  colonial  or 
75 


586 


1845.- 


-Chap.  3,  4,  5,  6,  7. 


other  history  of  this  Commonwealth,  and  that  he  be  author- 
ized, by  and  with  the  advice  of  the  council,  to  draw  his 
warrants  on  the  treasury  for  such  sums,  not  exceeding  in 
the  aggregate  one  thousand  dollars,  as  may  be  necessary  to 
defray  the  expense  thereof  [Approved  by  the  Governor^ 
Jan.  23,  1845. J 

Resolve  on  the  Petition  of  Josiah  S,  Little. 
Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
there  be  allowed  and  paid,  by  the  Land  Agent  of  this  Com- 
monwealth, from  the  proceeds  of  any  lands  sold,  or  which 
may  hereafter  be  sold,  the  sum  of  one  thousand  dollars  to 
Josiah  S.  Little,  assignee  of  the  trustees  of  Williams  Col- 
lege, it  being  in  compensation  for  a  deficiency  in  the  quan- 
tity of  acres  in  a  township  of  land  formerly  conveyed  to 
the  trustees  of  said  college,  by  this  Commonwealth.  [Apt- 
proved  by  the  Governor,  Jan.  29,  1845.] 

Resolves  concerning  Evidence  of  Revolutionary  Services. 

Resolved,  That  the  Secretary  of  the  Commonwealth  be 
authorized  and  directed  to  receive  such  muster  rolls,  and 
other  evidences  of  service  in  the  war  of  the  Revolution,  as 
it  may  be  in  his  power  to  obtain,  by  gift  or  loan  from  the 
present  possessors. 

Resolved,  That  the  Secretary  be  authorized  and  directed 
to  complete  the  index  to  the  revolutionary  rolls,  now  in  pro- 
gress under  his  direction,  exhibiting  the  names  in  exact 
alphabetical  order,  and  that  the  Governor  be  authorized  to 
draw  his  warrant  to  defray  the  cost  of  said  index,  provided 
it  do  not  exceed  the  sum  of  three  hundred  dollars,  in  addi- 
tion to  the  appropriation  of  the  tenth  day  of  March,  in  the 
year  one  thousand  eight  hundred  and  forty-four.  [Approved 
by  the  Governor,  Jan.  29,  1845.] 

Resolve  on  the  Petition  of  Isaac  "Williams,  of  Stoughton,  in  the  County  of 

Norfolk. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  there 

550  to  be  paid    j^jg  allowed  and  paid,  out  of  the  treasury  of  the  Common- 

^ardian  of  the  Wealth,  for  the  use  of  Isaac  Williams,  of  Stoughton,  in  said 

Punkapoagin-  couuty,  the  sum  of  fifty  dollars  per  annum,  during  his  nat- 

lans,    c.        ^^^^  ^^^^  g^.^  g^^  ^^  l^g  p^-^   annually,  on,  or  after  the 

first  day  of  March,  to  the  guardian  of  the  Punkapoag  In- 
dians, for  the  time  being,  to  be  by  him  applied  to  the  sole 
benefit  of  the  petitioner,  and  that  the  Governor  draw  his 
warrant  therefor  accordingly.  [Appj^oved  by  the  Governor, 
Jan.  30,  1845.] 


Chaf.  4. 


51,000  to  be 
paid  by  the 
land  agent  to 
mcike  up  defi- 
ciency in  grant 
to  Williams 
College. 


Chap,  3. 

Secretary  to  re- 
ceive muster 
rolls,  &:.c. 


Secretary  to 
complete  index, 
&c.  at  a  further 
expense  not  ex' 
ceeding 


Chap.  6. 


Chap.  7. 


Resolve  on  the  Petition  of  Willard  Sears. 

Resolved,  for  the  reasons  set  forth  in  said  petition,  that 
the  acts  and  doings  of  the  corporation,  "  The  Marlborough 


1845. Chap.  7,  8,  9,  10.  687 

Chapel  in  Boston,"  created  by  an  act  passed  on  the  eighth  Conveyance  of 
day  cf  April,  in  the  year  one  thousand  eight  hundred  and  Marlborough 
thirty-six,  be.  and  the   same   are  hereby  allowed  and  con-  Chapel  in  Bos- 
firmed,  so  far  as  may  be  necessary  to  establish  the  title  of  ^^' '=°'^'"^'^' 
said  Willard  Sears  to  a  certain  parcel  of  real  estate  in  said 
Boston,  conveyed  to  him  by  the  said  corporation,  by  their 
deed  dated  April  twentieth,  in  the  year  one  thousand  eight 
hundred  and  forty-four,   and  recorded  in  the  registry   of 
deeds  for  the  county  of  Suffolk,  lib.  521,  fol.  110;  and  the 
said  Sears,  his  heirs  and  assigns,  are  hereby  authorized  to 
hold  said  estate  as  effectually,  as  though  the  acts  and  doings 
of  the  said  corporation  had  been  conformable  to  law  :  pro-  Prodded,  &c. 
vided,  howeve?-,  that  nothing  herein  contained  shall  be  con- 
strued in  any  way  to  legalize  the  acts  and  doings  of  the 
said  corporation,  otherwise  than  for  the  object  and  purpose 
herein  expressed       [Appi'oved  by  the   Governor^   Jan.   30, 
1845.] 

Resolve  on  the  Petition  of  James  Battle.  Chd'O,   8. 

Resolved^  for  reasons  set  forth  in   the  said  petition,  that 
tliere  be  allowed  and  paid,  out  of  the  treasury  of  this  Com-  ^50  to  be  paid 
mon wealth,  to  James  Battle,  Ihe  sum  of  fifty  dollars,  in  full  o"  lan'dTounty* 
commutation  of  the  land  bounty  to  which  he  was  entitled, 
and  that  the  Governor  be  authorized   to  draw  his  warrant 
accordingly.     [Approved  by  ihe  Governor,  Jan.  30,  1845.] 

Resolve  for  the  Amendment  of  the  Map  of  the  Commonwealth.  C/tOV-   9. 

Resolved,  That  the  Governor  and  council  be  authorized 
to  have  corrections  made  on  the  plates  of  the  map  of  the  Governor  and 
Commonwealth,  according  as  occasion  may,  from  time  to  plates' ahered^^ 
time,  arise  therefor,  by  the  discovery  of  errors  in  the  said  as  occasion 
map,  by  changes  in  the  boundaries  of  towns,  by  the  laying  dis Jo^red.°' ^^ 
out  or  discontinuance  of  roads,   or  by  the  construction  of 
rail-roads  and  canals.     [App}oved  by  the  Governor,  Jan.  30, 
1845.] 

Resolves  in  addition  to  a  Resolve  concerning  the  Boundary  Line  between   Qfidn^   \Q 
the  States   of  Massachusetts  and  Rhode  Island,  passed  on  the  twenty-  "'         * 

seventh  day  of  February,  in  the  year  one  thousand  eight  hundred  and 
forty-four. 

Resolved,  That  the  commissioners  appointed  by  virtue  of 
the  resolve  aforesaid,  be  authorized  to  ascertain  and  estab-  Authority  of 
lish  the  true  boundary  line  between   said  States,   from  the  ^"gxtende"' 
Atlantic  Ocean  I'orth  and  northerly  to  Burnt  Swamp  Corner. 

Resolved,  That  the  aforesaid  commissioners  report  their  Commissioners 
doings  to  the  Governor  and  council,  in  season  to  be  laid  be-  |]yn|'s°'^yc^"^ 
foro  the  present  Legislature,  if  practicable  ;  if  not  practica- 
ble, they  shall  report  as  soon  as  may  be. 

Resolved,  That  the  Governor  be  requested  to  transmit  a  Copy  to  be 
copy  of  the  foregoing  resolves  to  His  Excellency  the  Gov-  Ihe^a'^v^rno^of 
ernor  of  Rhode  Island.     [Approved  by  the  Governor,  Jan.  Rhode  island. 
30,  1845.] 


588 


1845.- 


-Chap.  11,  12,  13.  14. 


Chap.  11. 

Release  of  the 
Common- 
wealth's right 
in  two  lots  of 
land  in  East 
Boston. 


Chap.  12. 

Committee  on 
militia  to  visit 
State  arsenals, 
&c.,  and  report 
thereon,  every 
January. 


When  to  take 
effect. 


Resolve  oq  the  Petition  of  Oliver  C.  Wyman. 
Resolved^  for  the  reasons  stated  in  the  said  petition,  that 
any  and  all  right  or  title  which  the  Commonwealth  of  Mas- 
sachusetts has  in  and  to  two  lots  of  land  in  that  part  of  the 
city  of  Boston  called  East  Boston,  described  in  the  deed  of 
Henry  F.  Baker  to  the  said  Oliver  C.  Wyman,  dated  the 
twenty-second  day  of  September,  in  the  year  one  thousand 
eight  hundred  and  forty-three,  and  recorded  in  the  registry 
of  deeds  for  Suffolk,  book  five  hundred  and  nine,  and  page 
nine,  be,  and  the  same  is  hereby  released  to  the  said  Wy- 
man, and  his  heirs  and  assigns.  [Approved  by  the  Govern- 
or, Jan.  30,  1845.] 

Resolves  concerning  the  Arsenals  in  Cambridge  and  Boston. 

Resolved,  That  the  committee  on  the  militia,  for  the  time 
being,  shall,  in  the  month  of  January  in  each  year,  visit 
the  State  arsenal  in  the  city  of  Boston,  and  the  State  arse- 
nal in  the  town  of  Cambridge,  and  shall  make  a  thorough 
examination  into  the  condition  of  the  same,  and  of  the  arms 
and  munitions  of  war,  and  of  other  property  of  the  State  or 
general  government  deposited  therein,  and  shall  report  con- 
cerning the  condition  of  said  arsenals  and  the  property 
therein. 

Resolved,  That  the  foregoing  resolve  shall  take  effect  from 
and  after  its  passage.  [Approved  by  the  Governor,  Jan.  31, 
1845.] 


Chap.  13. 


Resolve  for  the  Payment  of  sundry  Pauper  Accounts. 
Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Appropriation  public  treasury,  to  the  several  corporations  and  persons 
of  ^3,299  66.  nientioned  in  the  accompanying  roll,  the  sums  set  against 
the  respective  names,  amounting  in  all  to  the  sum  of  fifty- 
three  thousand  two  hundred  ninety-nine  dollars  and  sixty- 
six  cents,  in  full  discharge  of  the  accounts  to  which  they 
refer,  and  that  a  warrant  be  drawn  accordingly.  [Aj^proved 
by  the  Governor,  Feb.  I,  1845  j 


Chap.  14. 

Additional  sum 
not  exceeding 
;g2,000  appro- 
priated to  re- 
pairs of  State 
House. 


Audit  of  ac- 
counts therefor. 


Resolve  on  the  Petition  of  Benjamin  Stevens,  Sergeant  at  Arms. 
Resolved,  That  the  sum  of  two  thousand  dollars  be  ap- 
propriated for  repairs  made  upon  the  State  House,  the  same 
being  in  addition  to  the  sum  of  thirty-five  hundred  dollars, 
appropriated  by  "  Resolves  for  repairs  upon  the  State 
House,"  passed  March  twelfth,  in  the  year  one  thousand 
eight  hundred  and  forty-four,  or  so  much  of  said  amount  of 
two  thousand  dollars,  as  may  be  necessary  to  pay  the  bills 
iiicurred  in  making  said  repairs.  And  the  accounts  thereof 
shall  be  audited  and  paid  agreeably  to  the  provisions  of  the 
act  of  March  eighteenth,  in  the  year  one  thousand  eight 
hundred  and  forty-one,  entitled  "  An  Act  relating  to  the 
State  House."     [Approved  by  the  Governor,  Feb.  1,  1845.] 


1845. Chap.  15,  16.  589 

Resolve  on  the  Petilion  of  Susan  Parkman.  ChctV.    15. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  Susan 
Parkman,  of  Boston,  in  the  county  of  Suffolk,  guardian  to  Guardian  may 
her  daughters,  Anna  Augusta  Parkman  and  Mary  Jane  thtprobaieo^ 
Parkman,  minors,  be  hereby  authorized,  at  any  time  within  fice  of  Middle- 
six  months  after  the  passing  of  this  resolve,   to  make  and  otTs' it^ August' 
file  in  the  probate  office  for   the  county  of  Middlesex,  an  lo,  1845. 
affidavit  such  as  is  prescribed  in  case  of  executors  or  ad- 
ministrators, by  the  sixteenth  section  of  the  seventy-first 
chapter  of  the  Revised  Statutes,   together  with  a  copy  of 
the  notice  of  the  time  and  place  of  sale  of  certain  real  estate 
situate  in  the  town  of  Brighton,  in  the  county  of  Middlesex, 
belonging  to  said  minors,  said  sale  having  been  made  by 
the  said  guardian  under  a  license   granted  by  the  probate 
court  for  said  county  of  Middlesex,  holden  at  Charlestown, 
in  said  county,  on  the  twentieth  day  of  February,  in  the 
year  one  thousand  eight  hundred  and  forty-four  :  provided,  Provided,  &.c. 
that  the  said  Susan  Parkman  shall  first  give  such  notice  as 
the  judge  of  probate  for  said  county  of  Middlesex  shall  or- 
der, of  her  intention  to  file  such  affidavit  and  copy  of  no- 
tice, and  provided  that,  in  the  judgment  of  said  judge  of 
probate,  no  sufficient  cause  be  shown  why  the  same  may 
not  be  filed.     And  such  affidavit  and  copy  of  notice,  so 
filed,  shall  be  as  effectual,  for  all  purposes,  as  if  the  same 
had  been  filed  within  the  time  required  by  lavv^     [Approved 
by  the  Governor,  Feb.  10,  1845.] 

Resolve  on  the  Petition  of  William  J.  King.  C/lQP'    16. 

Resolved,  That,  for  reasons  set  forth  in  said  petition,  the 
said  William  J.  King,  trustee  under  the  last  v/ill  and  testa-  Trustee  under 
ment  of  Alexander  Jones,  deceased,  late  of  Providence,  in  and^r  Jones  ^'^ 
the  State  of  Rhode  Island,  may  be,  and  he  hereby  is,  em-  may  sell  and 
powered  to  sell,  at  public  or  private  sale,  all  the  right,   in-  esta'te"^n  riii 
terest  and  property  which  said  King  holds  in  trust  for,  and  River, 
all  the  interest  of,"Eliza  R.  Wood,  Jane  S.  Valk,  and  Fran- 
ces N.  Bogert,  named  in  the  said  petition,  in  the  following 
described  real  estate,  viz:  a  lot  of  land  situate  in  Fall  Riv- 
er, in  the  county  of  Bristol,  and  Commonwealth  of  Massa- 
chusetts, with  two  small  dwelling-houses  thereon,  bounded, 
beginning  at  the  southwest  corner  of  the  lot  at  the  corner 
of  Timothy  Sullivan's  lot,  east  side  of  Town  Avenue,  west 
by  said   avenue,   rimning  north  to   Hannah   Ford's  land, 
north  by  said  Ford's  land,  running  east  to  the  Pocassett 
Manufacturing  Company's  land,  east  by  said  company's 
land,  running  south  to  John  S.  Cotton's  land,  south  by  said 
Cotton's  land  and  land  of  George  Brightman  and  said  Sul- 
livan, running  west  to  the  corner  first  mentioned,  contain- 
ing thirty  square  rods.     And  the  said  trustee  may  convey 
the  same  by   his  deed  duly  executed  and  acknowledged  : 
provided,  the  said  trustee  shall  first  give  bonds,  with  suffi-  Fw ■-/.•.'. &.c. 


590  1845. Chap.  16,  17,  18. 

cient  surety  or  sureties,  to  the  judge  of  probate  for  our 
couuty  of  Bristol,  who  is  hereby  authorized  to  receive  the 
same,  iu  such  an  amount  as  shall  be  satisfactory  to  said 
judge  of  probate,  for  the  faithful  investment  of  the  money 
arising  from  the  sale  of  said  estate,  in  the  manner  provided 
for  the  investment  of  the  peisonal  estate  left  by  said  will, 
in  the  hands  of  said  trustee,  and  for  holding  the  same  for 
the  same  purposes,  trusts  and  persons  as  said  estate,  if  not 
sold  under  this  resolve,  would  have  been  held  by  said 
trustee.  Said  bonds,  together  with  a  full  and  true  copy  of 
the  last  will  and  testament,  and  any  codicil  or  codicils  con- 
nected therewith,  of  said  Alexander  Jones,  to  be  filed  pre- 
viously to  said  sale,  and  thereafter  to  be  kept  in  the  regis- 
try of  proba,te  for  said  county  of  Bristol,  for  the  use  and 
benefit  of  all  persons  who  may  be  interested  therein,  under 
the  authority  and  direction  of  said  judge  of  probate.  [Ap- 
proved by  the  Governor^  Feb.  10,  1845.] 

C/lttV'    17.  Resolve  in  favor  of  ceriain  Agricultural  Societies. 

Resolved,  for  reasons  set  forth  in  the  j)etitions  of  the  Berk- 

Bounties  to  be    shire,  Barustable,  and  Worcester  Agricultural  Societies,  that 

lertshiJe!         there  be  paid  out  of  the  treasury  of  the  Commonwealth,  to 

Barnstable  and  the  trcasurcrs  of  Said  societies,  respectively,  the  sums  to 

cLiieTro/i844  which  they  would  have  been  entitled,  had  their  certificates 

'  of  funds  been  seasonably  filed  in  the  office  of  the  Secretary 

of  the  Commonwealth  :  and  the  Governor  is  requested  to 

draw  warrants  accordingly.     [Approved  by  the  Governor^ 

Feb.  10,  1S45.] 


Chap. 


1 8.  Resolve  upon  the  Petition  of  Edward  Kilham  and  Albert  ThornciLke,  of  Bev- 
erl}',  in  the  County  of  Essex. 

Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
Trustees  under   the  Said   Edward  Kilham  and  Albert  Thorndike,  trustees 
BroJm'aufhoT  appointed  by  tlie  judge  of  probate  for  said  county  of  Essex, 
izedtoseiiand  uuder  the  scvcral  deeds  of  George  Brown,  of  said  Beverly, 
mte'm  BeveWv.  ^'"^  hereby  authorized  and  empowered  to  sell,  at  public  or 
■    private  sale,  the  following  described  real  estate  situated  in 
said  Beverly,  containing  about  two  acres,  with  a  dwelling- 
house  and  other  buildings  thereon,  and  bounded  easterly  on 
Cabot  street,  southerly  by  land  formerly  of  Joshua  Fisher, 
deceased,  and  others,  westerly  by  land  of  John  Lovett  and 
others,  and  northerly  by  land  formerly  of  Jacob  Woodbury 
and  others,  the  estate  being  what  was  formerly  the  mansion- 
house  and  homestead  of  the  late  Moses  Brown,  deceased, 
and  to  convey  the  same  by  deed  duly  executed  and  ac- 
investmeni  of     knowledged,  and  the  said  trustees  shall  invest  and  hold  the 
proceeds.  proceeds  of  such  sale,  for  the  purposes  of  the  trust  created 

by  said  deeds,  in  such  manner  as  is  directed  in  the  deed  of 
said  George  Brown  to  Abraham  Kilham  and  William 
Thorndike,  bearing  date  December  twenty-fourth,  in  the 


1845. Chap.  18,  19.  591 

year  one  thousand  eight  hundred  and  thirty-three,  and  re- 
corded in  the  registry  of  deeds  lor  said  county  of  Essex, 
book  330.  leaf  32.  in  case  the  said  Abraham  Kilham  and 
WilHam  Thonidike  should  sell  and  convert  to  money  the 
real  estate  described  in  the  said  deed:  provided,  that  Har-  Provided, &lc. 
riet  Brown,  wife  of  George  Brown,  named  in  said  petition, 
and  said  George  Brown,  and  any  child  or  children  of  said 
George  Brown,  who  may  be  above  the  age  of  twenty-one 
years,  by  themselves  or  by  their  attorney  or  attornies  duly 
authorized,  shall  join  and  unite  with  said  trustees  in  the 
above  conveyance,  and  that  the  guardian  or  guardians  of 
the  minor  children  of  said  George  Brown,  if  any  such  there 
are.  other  than  said  George  Brown,  shall,  by  a  certificate  to 
be  made  on  said  deed  of  conveyance,  express  his  or  their 
assent  to  said  conveyance  :  and  provided,  also,  that  said 
trustees  shall  give  their  bonds  each  for  his  ov/n  acts  alone  to 
the  judge  of  probate  for  the  county  of  Essex,  for  the  faithful 
application  of  the  money  arising  from  said  sale,  and  the 
stock,  or  other  personal  or  real  estate  in  which  it  may  be 
invested,  to  the  purposes  of  the  trust  aforesaid.  Said  bonds 
to  be  kept  on  file  in  the  registry  of  probate  for  the  county  of 
Essex,  for  the  use  of  all  persons  interested  therein,  under 
the  authority  and  direction  of  said  judge  of  probate.  [Ap- 
proved by  the  Governor,  Feb.  10,  1S4.5.] 

Resolte  on  the  Petition  of  "William  W.  Newell.  Chc(V.    19. 

Resolved.  That,  for  reasons  set  forth  in  the  petition,  'V\'il- 
liam  W,  Neweil,  of  Montgomery,  in  the  county  of  Orange  Guardian  mav 
and  state  of  New  York,  guardian  of  his  daughter  Hannah  file  an  affidavit 
P.  Newell;  a  minor,  be  hereby  authorized,  at  any  time  within  c°fficeof'sugb1k. 
six  months  after  the  passing  of  this  resolve,  to  make  and  &c.,  previously 
file  in  the  probate  ofiice  for   the  county  of  Suffolk,  an  affi-  1845"^^ 
davit,  such   as  is  prescribed  in  the  case  of  executors  and 
administrators,  by  the  sixteenth  section  of  the  seventy-first 
chapter  of  the  Revised  Statutes,  together  with  a  copy  of  the 
notice  of  the  time  and  place  of  sale  of  certain  real  estate, 
situate  in  the  town  of  Brighton  in  the  county  of  Middlesex, 
belonging  to  said  minor,  said  sale  having  been  made  by  the 
said  suardian,  under  a  license  granted  by  the  court  of  pro- 
bate, holden  at  Boston,  in  and  for  the  county  of  Suflbik.  on 
the  seventeenth  day  of  September,  in  the  year  one  thousand 
eight  hundred  and  thirty-eight :  provided,  that  said  ^N  illiam  Provided,Su. 
W.  Newell  shall  first  give  such  notice  as  the  judge  of  pro- 
bate for  said  county  of  Suffolk  shall  order,  of  his  intention 
to  file  such  affidavit  and  copy  of  notice  :  and  provided,  that, 
in  the  judgment  of  said  judge  of  probate,  no  sufficient  cause 
be  shown  why  the  same  may  not  be  filed,  and  such  affida- 
vit and  copy  of  notice  so  filed,  shall  be  as  effectual  for  all 
purposes  as  if  the  same  had  been  filed  within  the  time  re- 
quired by  law.     [Approved  by  the  Governor,  Feb.  10,  1845.] 


592 


1845. Chap.  20,  21,  22. 


Chap.  20. 

Trustees  under 
will  of  John 
Parker,  author- 
ized to  sell  and 
convey  real  es- 
tate to  proprie- 
tors of  Long 
wharf,  in  Bos- 
ton. 


Proceeds  to  be 
held  and  used 
agreeably  to 
conditions  of 
trust. 


Chap.  21. 


Decisions  of 
Supreme  Court 
of  the  United 
States  should 
be  published  by 
Congress,  and 
distributed  to 
the  States,  &c. 


Resolve  to  be 
forwarded,  &c. 


Resolve  on  the  Petition  of  Peter  Parker  and  William  Shimmin,  Trustees. 
Resolved^  for  reasons  set  forth  in  the  said  petition,  that 
Peter  Parker  and  WiUiam  Shimmin,  or  whoever  else  for 
the  time  being  shall  be  duly  acting  as  trustee  or  trustees 
under  the  last  will  of  John  Parker,  the  elder,  late  of  the 
city  of  Boston,  esquire,  deceased,  be,  and  they  hereby  are 
fully  authorized  and  empowered  to  make  sale  of  and  con- 
vey to  the  proprietors  of  the  Boston  Pier,  or  Long  wharf,  in 
the  city  of  Boston,  one  undivided  moiety  of  land  and  store 
situated  on  said  wharf,  numbered  68,  at,  and  for  the  price 
or  consideration  of  two  thousand  dollars,  and  upon  the  re- 
ceipt of  said  consideration,  to  execute,  acknowledge,  and 
deliver  to  said  corporation  such  deed  or  deeds  as  shall  be 
requisite  or  proper  to  pass  the  title  in  said  land  and  store 
and  its  appurtenances  held  by  the  trustees  above  named,  or 
either  of  them,  or  which  shall  be  held  by  any  other  trustee 
or  trustees,  acting  under  said  will  to  said  corporation,  who 
may  thereafter  hold  the  same  free  and  discharged  of  the 
trusts  declared  concerning  the  said  real  estate,  in  and  by 
the  said  will  of  said  Parker.  And  the  trustees  or  trustee 
who  shall  receive  said  purchase-money,  shall  stand  pos- 
sessed and  chargeable  with  the  same  under  said  will,  upon 
the  same  trusts,  and  for  the  same  purposes,  as  said  real 
estate  was  held  at  the  time  of  the  conveyance  thereof  to 
said  corporation  under  this  resolve.  [Approved  by  the  Gov- 
ernor, Feb.  11,  1845.] 

Resolve  concerning  the  Distribution  of  the  Reports  of  the  Supreme  Court  of 
the  United  States. 

Resolved,  That  the  decisions  of  the  Supreme  Court  of  the 
United  States  are  as  indispensable  to  a  full  knowledge  of 
the  laws  of  the  Union,  as  the  statutes  passed  under  the  au- 
thority of  the  general  government ;  and  that  our  senators 
and  representatives  in  Congress  be  therefore  requested  to 
urge  upon  Congress,  the  propriety  of  providing  by  law  for 
the  publication  and  free  distribution  of  said  decisions  among 
the  judicial  tribunals  of  the  States,  their  executive  otficers 
and  public  libraries,  and  the  libraries  of  the  more  important 
institutions  of  the  country. 

Resolved,  That  His  Excellency  the  Governor  be  requested 
to  forward  a  copy  of  the  foregoing  resolve  to  each  of  the 
senators  and  representatives  in  Congress  from  this  Com- 
monwealth.    \Approved  by  the  Governor,  Feb.  15,  1845.] 


Chap.  22. 


Resolve  to  pay  for  Fuel  and  other  purposes. 
Resolved,  That  there  be  paid  out  of  the  treasury  to  Ben- 
jamin Stevens,  Sergeant  at  Arms   to  the  General  Court,  the 
sum  of  eighteen  hundred  dollars,  to  enable  him  to  purchase 
the  sergeant  at  fuel  and  Other  ueccssary  articles  for  the  use  of  the  General 
Court,  and  the  several  public  offices  in  the  State  House, 


^1800  appro- 
priated, to  be 
expended  by 


1846. Chap.  22,  23,  24,  26,  26,  27.  593 

and  that  a  warrant  be  drawn  accordingly.     [Approved  by 
the  Governor,  Feb.  15,  1845.] 

Kesolve  for  the  Pay  of  the  Assistant  Messenger  to  the  Governor  and  Council.   (Jhcip.  23. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  the  assistant  Messenger  Allowance 
to  the  Governor  and  Council,  the  sum  of  two  dollars  for  dunng^sSns 
each  and  every  day  he  has,  or  maybe  employed  in  that  of  the  council, 
capacity  during  the  sessions  of  the  council  the  present  polit- 
ical year,  and  that  warrants  be  drawn  accordingly.     [Ap- 
proved by  the  Governor,  Feb.  15,  1845.] 

A  Resolve  on  the  Petition  of  Leavitt  Thaxter.  ChoV.  24. 

Resolved,   That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,   to  Leavitt  Thaxter,   of  Allowance  of 
Edgartown,  the  sum  of  twenty-one  dollars  and  ninety  cents,  lu'ardiai^&c, 
in  full  for  money  by  him  expended  to  December  thirty-first,  for  support  of 
in  the  year  eighteen  hundred  and  forty-four,  for  the  support  ]^hnsmi. 
of  William  Johnson,  an  Indian  of  the  Chappequiddic  tribe, 
as  set  forth  in  his  petition,  and  that  the  Governor  be  au- 
thorized to  draw  his  warrant  accordingly.     [Approved  by 
the  Governor,  Feb.  15,  1845.] 

Resolve  to  pay  the  Chaplains  of  the  Legislature.  ChttV    26 

Resolved,  That  there  be  allowed   and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  the  chaplain  of  the  Sen-  Allowance  of 
ate,   the  sum  of  sixty  dollars,  and  to  the  chaplains  of  the  560  to  chaplain 

TT  r    r>  ■  1  r     I  ■  i    1 1  ol  the  benate, 

House  01  Representatives,  the  sum  oi  thirty  dollars  each,  andgsoeachto 
and  that  warrants  be  drawn  accordingly.  [Approved  by  ^^^^^'^^  °^  ^^ 
the  Governor,  Feb.  15,  1845.] 

A  Resolve  granting  a  Pension  to  William  Johnson,  a  Chappequidic  Indian.     dJiun,  26. 

Resolved,  That,  for  reasons  set  forth  in  the  petition  of 
Leavitt  Thaxter,  guardian  of  the  Indians  and  people  of  Allowance  of 
color  resident  at   Chappequiddic  and  Indiantown,  in   the  foHife"tTbe' 
county  of  Dukes  County,  there  be  allowed  and  paid  out  of  paid  to  guard- 
the  treasury  of  this  Commonwealth,  for  the  support  of  Wil-  'aM^om  Jan.i, 
liara  Johnson,  an  Indian  of  the  Chappequiddic  tribe,  the 
sum  of  fifty  dollars  per  annum,  during  his  natural  life;  the 
said  sum  to  be  paid  annually  from  the  first  day  of  January, 
in  the  year  one  thousand  eight  hundred  and  forty-five,  to 
the  guardian,  for  the  lime  being,  of  said  Indians  and  people 
of  color,  to  be  by'him  applied  to  the  sole  benefit  of  the  said 
William  Johnson;  and  that  the  Governor  be  authorized  to 
draw  his  warrant  accordingly.     [Approved  by  the  Governor, 
Feb.  15,  1845.] 

Resolve  to  pay  the  Doorkeepers  and  Messengers  of  the  Senate  and  House  of  (7AflW.  27. 
Representatives.  ■•  * 

Resolved,   That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  two  doorkeepers  and  Daily aiiowanc« 
76 


594 


1845. Chap.  27,  28,  29,  30,  31. 


of  ;g2  each  to  six 
door-keepers ; 
of^l  50  to  as- 
sistant messen- 
ger ;  and  of 
$0  80,  $0  70, 
$1  50  respect- 
ively, to  three 
pages,  during 
session  of  the 
Legislature. 


Chap.  28. 

Allowance  of 
530  for  certain 
expenses. 


Chap.  29. 

Treasurer  au- 
thorized to  cor- 
rect error  in  ac- 
count of  1839, 
and  give  dis- 
charge to  auc- 
tioneer on  the 
payment  of 


Chap.  30. 


Allowance  of 
|;50  annually 
tor  four  years 
from  March  1, 
1846,  provided, 
&c. 


Chap.  31. 

Allowance  of 
J^2  to  each  coun- 
sellor, senator 
and  representa- 
tive, for  each 
day's  service  in 
1845,  and  ^2  for 
every  ten  miles' 
travel,  &c. 


three  assistant  doorkeepers  of  the  House  of  Representatives, 
also  to  the  doorkeeper  of  the  Senate,  each  a  sum  of  two  dol- 
lars per  day,  for  each  and  every  day's  attendance  during 
the  present  session  of  the  Legislature;  also  to  one  assistant 
messenger  the  sum  of  one  dollar  and  fifty  cents  for  each 
day's  attendance  during  the  same  ;  and  to  two  pages  of  the 
Senate,  one  eighty  cents  and  one  seventy  cents  for  each 
day's  attendance  during  the  same ;  and  to  the  page  of  the 
House  of  Representatives,  the  sum  of  one  dollar  and  fifty 
cents  per  day  for  each  day's  attendance  during  the  same; 
and  that  warrants  be  drawn  accordingly.  [Approved  by  the 
Governor,  Feb.  15,  1845.] 

Resolve  on  the  Petition  of  Charles  Brigham,  Jr.,  Trustee  of  the  Grafton  Indians. 
Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
there  be  paid  out  of  the  treasury  of  the  Commonwealth,  to 
Charles  Brigham,  Jr.,  trustee  of  the  Grafton  Indians,  the 
sum  of  thirty  dollars,  in  full  for  the  expenditures  mentioned 
in  said  petition,  and  that  a  warrant  be  drawn  accordingly. 
[App7oved  by  the  Governor,  Feb.  IS,  1S45.] 

Resolve  on  Petition  of  Stephen  Brown, 
Resolved,  That,  for  reasons  set  forth  in  said  petition,  the 
treasurer  and  receiver  general  be  authorized  and  directed  to 
correct  an  error  in  the  auction  return,  made  by  said  Brown, 
in  July,  in  the  year  one  thousand  eight  hundred  and  thirty- 
nine  ;  and  to  receive  from  said  Brown  one  hundred  dollars, 
in  full  and  final  settlement  of  said  return.  [Approved  by 
the  Governor,  Feb.  18,  1845.] 


Resolve  on  the  Petition  of  Charles  B.  Orcutt. 
Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
there  be  allowed  and  paid  out  of  the  treasury  of  this  Com- 
monwealth, to  Charles  B.  Orcutt,  of  Tewksbury,  in  the 
county  of  Middlesex,  the  sum  of  fifty  dollars  a  year,  for  the 
term  of  four  years  from  the  first  day  of  March,  in  the  year 
one  thousand  eight  hundred  and  forty -five,  should  he  live 
so  long,  and  that  warrants  be  drawn  therefor  accordingly. 
[Approved  by  the  Governor,  Feb.  18,  1845.] 

Resolve  for  the  Pay  of  the  Council,  Senate,  and  House  of  Representatives. 
Resolved,  That  there  be  paid  out  of  the  treasury  of  this 
Commonwealth,  to  each  member  of  the  Senate  and  House 
of  Representatives,  two  dollars  for  each  and  every  day's 
attendance  during  the  present  political  year;  and  the  sum 
of  two  dollars  for  every  ten  miles'  travel  from  their  respect- 
ive places  of  abode,  once  in  each  session,  to  the  place  of 
the  sitting  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 


1845. Chap.  31,  32,  33,  34.  595 

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  President  and 
of  the  House  of  Representatives,  each  two  dollars  for  each  ^P^^'^^Ji °  J^- 

I  .',,..  ,.  ceive  ^Z  addi- 

and  every  days  attendance,  m   addition  to  their  pay  as  lionaiforeach 
members;  and  His  Excellency  the  Governor,  with  the  ad-  ^^y- 
vice  and  consent  of  the  Council,  is  hereby  authorized  and 
requested  to  draw  his  warrant  accordingly.     [Approved  by 
the  Governor,  Feb.  18,  1845.] 

Resolve  relating  to  the  Phoenix  Bank.  ChttV.  32. 

Resolved,  That   the    Commonwealth's  attorney  for   the 
county  of  Suffolk,  be,  and  he  is  hereby  required  to  appear  Attorney  for 
before  the  supreme  judicial  court  in  behalf  of  the  Common-  pe^^for't'he''" 
wealth,  in  the  case  of  the  Commonwealth  by  bank  commis-  Commonwealth, 
sioners  versus  the  President,  Directors  and  Company  of  the  bVorrthe^st-^ 
Phoenix   Bank,  upon   the  hearing  of  any  question   which  preme  Court, 
may  arise  in  said  case,  concerning  the  mutual  claims  be- 
tween the  Commonwealth  and  the  said  corporation.     And  Treasurer  to 
the  treasurer  of  the  Commonwealth  is  hereby  authorized  to  claims',  aJcord- 
adjust  and  settle  such  claims  in  conformity  with  the  judg-  >ng '» judg- 
ment of  the  court  in  the  premises.     And  if,  by  such  judg-  '"^" ' 
ment,  any  balance  shall  be  found  due  from  the  Common-  Balance  found 
wealth  to  the  said  corporation,  the  Governor  is  hereby  au-  due  from  the 

,.-,  ,.'  r  1  ri  Commonwealth, 

thonzed  to  draw  his  warrant  for  the  payment  of  the  same  to  be  paid  to  re- 
to  the  receivers  appointed  by  the  said  court  in   the  afore-  ceivers. 
named  case.     [Approved  by  the  Governor,  Feb.  20,  1845. J 

Resolve  on  the  Petition  of  Olive  Ghamberlin.  ChcLt)    33 

Resolved,  for  reasons  set  forth  in  said  petition,  that  Olive 
Chamberlin,  guardian  of  Harriet  Maria  Chamberlin,  Isaac  Guardian  au- 
Albro  Chamberlin,  and  Eliza  Jane  Chamberlin,  minors,  be,  anTconveVreai 
and  she  is  hereby  authorized  and  empowered,  to  sell  at  estate  in  Tyngs- 
public  or  private  sale,  and  execute  and  deliver  deeds  of  ^°',°"»1''     .' 

^  ^        ,  /-111-  •  1         •  ,  ■       ^"d  to  mvest 

conveyance   thereof,  all  the  interest  said  minors  have   in  proceeds; 

a  certain   farm,  containing   about  one  hundred  and  forty 

acres,  situate  in  Tyngsborough,  Chelmsford  and  Westford, 

in  the  county  of  Middlesex,  formerly  the  homestead  of  Isaac 

Chamberlin,  late  of  said  Chelmsford,  deceased,  and  to  invest 

the  proceeds  of  the  same  in  other  property  :  provided,  hoio-  Provided,  &.c. 

ever,  that,    before  making  said  conveyance,  she  shall  give 

bond  with  sufficient  sureties  to  the  judge  of  probate  for  said 

county,  faithfully  to  account  for  the  proceeds  of  said  sale, 

and  the  accumulating  interest  thereon.     [Approved  by  the 

Governor,  Feb  22,  1845.] 

Resolve  on  the  Petition  of  John  W.  Lincoln.  ChCLX).  34. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  there 
be  paid  out  of  the  treasury  of  the  Commonwealth,  to  John  Allowance  of 
W.  Lincoln,  sheriff  of  the  county  of  Worcester,  one  hun-  ^i^^^^-'*"' 


596  1845.— Chap.  34,  35,  36. 

apprehension  of  ^j^g^j  g^jj^j  eiffhteen  dollais  and  seventv-five  cents,  in  full  for 

escaped  prison-  ■^^,■r^  i  •  r  t 

er.  moneys  paid  by   him  tor  the  apprehension  ol  one  Isaac 

Paige,  a  prisoner,  who  had  escaped  from  jail,  and  that  the 
Governor  draw  his  warrant  therefor  accordingly.  [Ap- 
proved bj/ Ihe  Governor,  Feb,  22,   1845.] 

Chap.  35.  Resolve  upon  the  Petition  of   David  S.  Greenough,  Guardian  of  Jane  D. 

Greenough. 

Resolved,  for  the  reasons  set  forth  in  said  petition,  that 
Guardian  au-     David  S.  Grecnoiigh,  guardian  of  Jane   D.  Greenough,  be, 
andconveyland  ^ud  he  hereby  is  authorized  and  empowered  to  sell,  at  pub- 
in  Roxbury.       he  or  private  sale,  all  said  minor's  interest,  being  one  undi- 
vided fourth  part  of  a  certain  parcel  of  land  in  Koxbury,  in 
*  the  county  of  Norfolk,  in  said  Commonwealth,  bounded 

northeasterly  on  land  of  James  Read  and  Vv'illiam  Dehon, 
trustees;  southeasterly  on  the  Dedham  turnpike;  south- 
westerly on  land  now  or  late  of  the  heirs  of  Increase  Sum- 
ner;  northwesterly  on  the  school  land  so  called,  with  the 
privileges  and  appurtenances  thereto  belonging;  and  that 
the  deed  of  said  guardian,  executed  and  delivered  under 
this  resolve,  for  and  in  behalf  of  his  said  ward,  shall  con- 
vey unto  the  purchaser  or  purchasers,  all  her  right,  title 
and  interest  in  and  to  said  real  estate,  as  effectually  as  if 
she,  being  of  full  age,  had  personally,  in  due  form  of  law, 
Provided, &c.  made  a  proper  conveyance  thereof:  provided,  however,  that 
before  making  said  conveyance,  said  guardian  shall  give 
bond,  with  sufficient  surety  or  sureties,  to  the  judge  of  pro- 
bate, in  said  county  of  Norfolk,  in  sufficient  penalty  to  ac- 
count to  said  minor  for  his  acts  in  the  premises,  and  the 
price  to  be  received  for  said  land,  with  the  accumulating 
interest.     \A.pproved  by  the  Governor,  Feb.  22,  1845.] 

Cho/Q.  ^^.  Resolve  upon  the  Petition  of  Susan  Parkman,  Guardian  of  Mary  Jane  Park- 
■'  man. 

Resolved,  for  the  reasons  set  forth  in  said  petition,  that 
Guardian  au-  Susau  Parkman,  guardian  of  Mary  Jane  Parkman,  be,  and 
an'd  convey 7eai  ^^^  hereby  is  authorized  and  empowered  to  sell,  at  public  or 
estate  iuBos-  private  Sale,  all  said  minor's  interest,  being  one  undivided 
*°"'  quarter  part  of  the  following  parcels  of  real  estate,  situate 

in  the  city  of  Boston,  in  said  Commonwealth,  ajid  subject 
to  a  widow's  dower  therein,  viz. :  a  certain  parcel  of  land, 
with  a  dwelling-house  thereon,  bounded  southerly  by  land 
now,  or  late  of  the  proprietors  of  the  brick  meeting-house  in 
Federal  street,  seventy -three  feet  nine  inches;  westerly  by 
a  line  drawn  parallel  with  said  street,  from  the  northwest- 
erly corner  of  said  meeting-house,  to  the  southwest  corner 
of  the  stable  erected  by  Oliver  Gragg,  twenty-two  feet; 
northerly  by  house  and  land  now,  or  formerly  of  Benjamin 
Crombie,  seventy-two  feet;  easterly  by  land  now,  or  formerly 
of  Edward  Blanchard.  twentv-two  feet,  be   said  measure- 


1845. Chap.  36—37.  597 

ments  more  or  less,  being  lot  numbered  one  (1)  upon  a  plan 
recorded  with  Suffolk  deeds,  1.  292,  f.  83,  and  a  certain 
other  parcel  of  land  with  a  store  thereon,  bounded  northerly 
on  Cornhill,  formerly  Market  street,  seventeen  feet ;  west- 
erly on  land  and  store  of  James  Amos  Dickson,  by  a  line 
through  the  middle  of  the  partition  wall,  forty  feet;  south- 
erly on  a  passage-way,  which  is  always  to  remain  open  for 
the  accommodation  of  this  and  the  adjoining  estates,  seven- 
teen feet ;  easterly  on  land  and  store  now,  or  formerly  of  T. 
B.  Wales,  by  the  middle  of  the  partition  wall,  forty  feet, 
subject  to  a  restriction  with  regard  to  the  cellar  door.  And 
that  the  deed  of  said  guardian,  executed  and  delivered  under 
this  resolve,  for  and  in  behalf  of  her  said  ward,  shall  con- 
vey unto  the  purchaser  or  purchasers,  all  her  right,  title 
and  interest  in  and  to  said  real  estate,  as  effectually  as  if 
she,  being  of  full  age,  had  personally  in  due  form  of  law 
made  a  proper  conveyance  thereof:  provided,  however,  that,  PrmideA,&L<i. 
before  making  said  conveyance,  said  guardian  shall  give 
bond,  with  sufficient  surety  or  sureties,  to  the  judge  of  pro- 
bate for  tlie  county  of  Suffolk,  in  sufficient  penalty  to  ac- 
count to  said  minor  for  her  acts  in  the  premises,  and  the 
price  to  be  received  for  said  land  with  the  accumulating 
interest.     yA-pproved  by  the  Governor,  Feb.  22,  1845. j 

Resolve  upon  the  Petition  of  David  S.  Greenough,  Guardian  of  Jane  D.       CIldTJ    37. 
Greenough  J 

Resolved,  for  the  reasons  set  forth  in  said  petition,  that 
David  S.  Greenough,   guardian   of  Jane  D.  Greenough,  be,  Guardian  au- 
and  he  hereby  is,  authorized  and  empowered   to  sell  and  iiio[ized  to  sell 

J        '  -I     r  ^  ■  ^^^  convey  real 

convey,  unto  any  person  or  persons,  and  for  such  price  as  estate  in  Rox- 
he  shall  deem  most  for  said  minor's  interest,  all  said  minor's  ^^^y- 
interest,  being  one  undivided  fourth  part  of  a  certain  par- 
cel of  real  estate  situate  in  Roxbury,  in  the  county  of  Nor- 
folk, in  .said  Commonwealth,  with  the  buildings  thereon, 
bounded  southeasterly  on  Centre  street,  one  chain  forty  • 
three  links,  more  or  less  ;  southwesterly  on  Eliot  street,  six 
chains  fifty-five  links,  more  or  less ;  northwesterly  on  land 
formerly  of  trustees  of  Eliot  school,  ninety-five  links  and 
three  quarters,  more  or  less ;  northeasterly  on  land  now,  or 
formerly  of  William  Shepherd,  six  chains  and  forty-two 
links,  more  or  less:  containing  three  quarters  of  an  acre 
and  two  rods,  more  or  less  ;  and  that  the  deed  of  said  guar- 
dian, executed  and  delivered  under  this  resolve,  lor  and  in 
behalf  of  his  said  ward,  shall  convey  unto  the  purchaser  or 
purchasers,  all  hor  right,  title  and  interest  in  and  to  said 
real  estate  as  effectually  as  if  she,  being  of  full  age.  liad 
personally,  in  due  form  of  law,  made  a  proper  conveyance 
thereof:  yrovided,  however,  that,  before  making  said  con-  Provided,  k-c. 
veyance,  said  guardian  shall  give  bond,  with  sufficient  sure- 
ty or  sureties,  to  the  judge  of  probate  in  said  county  of 
Norfolk,  in  sufficient  penalty,  to  account  to  said  minor  for 


598 


1845. Chap.  37,  38,  39. 


Chap.  38. 


Guardian  au- 
thorized to  sell 
and  convey  real 
estate  in  Boston. 


his  acts  in  the  premises,  and  the  price  to  be  received  for 
said  land,  with  the  accumulating  interest.  [Approved  by  the 
Governor^  Feb.  22,  1845.] 

Resolve   upon  the  Petition  of  William  W.  Newell,  Guardian  of  Hannah  P. 

Newell. 

Resolved.,  for  the  reasons  set  forth  in  said  petition,  that 
William  W.  Newell,  guardian  of  Hannali  P.  Newell,  be, 
and  he  hereby  is,  authorized  and  empowered  to  sell,  at  pub- 
lic or  private  sale,  all  said  minor's  interest,  being  one  undi- 
vided quarter  part  of  the  following  parcels  of  real  estate, 
situate  in  the  city  of  Boston,  in  said  Commonwealth,  and 
subject  to  a  widow's  dower  therein,  viz  :  a  certain  parcel  of 
land,  with  a  dwelling-house  thereon,  bounded  southerly  by 
land  now,  or  late  of  the  proprietors  of  the  brick  meeting- 
house in  Federal  street,  seventy-three  feet  nine  inches; 
westerly  by  a  line  drawn  parallel  with  said  street,  from  the 
northwesterly  corner  of  said  meeting-house  to  the  southwest 
corner  of  the  stable  erected  by  Oliver  Gragg,  twenty-two 
feet ;  northerly  by  house  and  land  now,  or  formerly  of 
Benjamin  Grombie,  seventy-two  feet;  easterly  by  land  now, 
or  formerly  of  Edward  Blanchard,  twenty-two  feet ;  be 
said  measurements  more  or  less  ;  being  lot  numbered  one 
(1)  upon  a  plan  recorded  with  Sulfolk  deeds,  1.  292,  f  83; — 
and  a  certain  other  parcel  of  land,  with  a  store  thereon, 
bounded  northerly  oti  Cornhill,  formerly  Market  street,  sev- 
enteen feet:  westerly  on  land  and  store  of  James  Amos 
Dickson,  by  a  line  through  the  middle  of  the  partition  wall, 
forty  feet ;  southerly  on  a  passage-way,  which  is  always  to 
remain  open  for  the  accommodation  of  this  and  the  adjoin- 
ing estates,  sev(!nteen  feet ;  easterly  on  land  and  store  now, 
or  formerly  of  T.  B.  Wales,  by  the  middle  of  the  partition 
wall,  forty  feet,  subject  to  a  restriction  with  regard  to  the 
cellar  door; — and  that  the  deed  of  said  guardian,  executed 
and  delivered  under  this  resolve,  for  and  in  behalf  of  his 
said  ward,  shall  convey  unto  the  purchaser  or  purchasers 
all  her  right,  title  and  interest  in  and  to  said  real  estate,  as 
effectually,  as  if  she,  being  of  full  age,  had  personally,  in 
due  form  of  law,  made  a  proper  conveyance  thereof:  pro- 
vided, however.^  that  before  making  said  conveyance,  said 
guardian  shall  give  bonds,  with  sufficient  surety  or  sureties, 
to  the  judge  of  probate  for  the  county  of  Suffolk,  in  suffi- 
cient penalty,  to  account  to  said  minor  for  his  acts  in  the 
premises,  and  the  price  to  be  received  for  said  land,  with 
the  accumulating  interest.  \Approved  by  the  Governor, 
Feb.  22,  1845.] 

Resolves  concerning  the  Admission  of  Texas. 
Resolved.,  That  Massachusetts   has  never  delegated  the 
Massachusetts     po^yer  to  admit  into  the  Union,  States  or  Territories  without 

has  never  dele-    ' 


Frovided,  &c. 


Chap.  39. 


1045. Chaf.  39,  40.  599 

or  beyond  the  original  territory  of  the  States  and  Territo-  gated  power '° 
ries  belonging  to  the  Union  at  the  adoption  of  the  Consti-  stag's  &7.'*° 
tution  of  the  United  States.  And  that,  in  whatever  man- 
ner the  consent  of  Massachusetts  may  have  been  given,  or 
inferred,  to  the  admission  of  the  States  already  by  general 
consent  forming  part  of  the  Union,  from  such  territory,  the 
admission  of  such  Slates,  in  the  judgment  of  Massachu- 
setts, forms  no  precedent  for  the  admission  of  Texas,  and 
can  never  be  interpreted  to  rest  on  powers  granted  in  the 
Constitution. 

Resolved,  That  there  has  hitherto  been  no  precedent  of  No  precedent, 
an  admission  of  a  foreign  state  or  foreign  territory  into  the  "ionaUmhority 
Union  by  legislation.     And  as  the  powers  of  legislation,  for  admitting 
granted  'in   the  Constitution  of  the  United  States  to  Con-  b/°egifraiton^ 
gross,  do  not  embrace  a  case  of  the  admission  of  a  foreign 
state,  or  foreign  territory,  by  legislation,  into  the  Union, 
such  an  act  of  admission  would  have  no  binding  force  what- 
ever on  the  people  of  Massachusetts. 

Resolved^  That  the  powers  never  having  been  granted  Power  to  admit, 
by  the  people  of  Massachusetts,  to  admit  into  the  Union  witii'ihT people. 
States  and  Territories  not  within  the  same  when  the  Con- 
stitution was  adopted,  remains  with  the  people,  and  can 
only  be  exercised  in  such  way  and  manner,  as  the  people 
shall  hereafter  designate  and  appoint. 

Resolved,  That  the  people  of  Massachusetts  will  never  Massachusetts 
consent  to  use  the  powers  reserved  to  themselves  to  admit  J^'the°ex*tensfon 
Texas,  or  any  other  State  or  Territory,  now  without  the  of  slavery  or  of 
Union,  on  any  other  basis  than  the  perfect  equality  of  free-  attonb^'ufe  ad- 
men. And  that,  while  slavery,  or  slave  representation,  mission  of  new 
forms  any  part  of  the  claims  or  conditions  of  admission,  spates  or  temto- 
Texas,  with  their  consent,  can  never  be  admitted. 

Resolved,  That  His  Excellency  the  Governor  be  requested  Copies  to  be 

^i  •.  -Ti.!  J-  ^1  1  transmitted,  &c. 

to  transmit  copies  ot  the  preceding  report  and  resolves  to 
the  President  of  the  United  States,  the  several  Senators  and 
Representatives  in  Congress  from  this  Commonwealth,  and 
the  Governors  of  the  several  States.  [Approved  by  the 
Governor,  Feb.  22,  1845.] 


Chap.  40. 


Resolve  on  the  Petition  of  Richard  Nichols. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  there 
be  paid,  out  of  the  treasury  of  the  Commonwealth,  to  Rich-  Allowance  of 
ard  Nichols,  of  Charlestown,  eighty  dollars,  in  full  for  the  fes?/&c!^of  a' 
reward  to  which  he  is  entitled  for  causing  James  Johnson,  counterfeiter. 
a  counterfeiter,  to  be  arrested  and  convicted  on  two  indict- 
ments,  and  that  the  Governor  draw  his  warrant  therefor 
accordingly.     [Approved  by  the  Governor,  Feb.  24,  1845.] 


600  1845. Chap.  41,  42,  43. 


A]  ^  Resolve  respecting  the  Admission  of  Harriet  N.  Ranney  to  the  Asylum  at 

Hartford. 


Chap 

Resolved,  That  Harriet  N,  Ranney,  of  Ashfield,  be  al- 

Admission  of      lowcd,  at  the  Commencement  of  the  term  in   May  next,  to 

more  [han'ss      enter  the  Asykim  for  the  Deaf  and  Dumb,  at  Hartford,  as 

years  old.  a  beneficiary  of  tuis  State,  and  that  she  be  entitled  to  the 

benefit  of  all  the  provisions  and  appropriations  heretofore 

passed,    and  now  in   force,  for  the  reHef  and  education  of 

deaf  and  dumb  persons  admitted  into  that  institution  as 

pupils,  between   the  ages  of  eight  and  twenty-five  years. 

[Approved  by  the  Governor,  Feb.  24,  1845.] 

ChdV    42    Resolve  on  the  Petition  of  Betsey  Burrows,  Executrix  of  the  Will  of  "William 
r'         '  Burrows,  late  of  Roxbury,  in  the  County  of  Norfolk,  deceased. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  Bet- 
Executrix  au-  sey  Burrows  be,  and  she  hereby  is,  authorized  to  sell,  at 
thonzed  to  sell    public  or  private  sale,  as  she  may  iudee  most  for  the  inter- 

and  convey  real  i  r      ^\  t  ■  j     j       o 

estate  in  Boston,  est  oi  all  concemed,  certam  real  estate,  consistmg  oi  two 
^""^d "  &c  ^'^°'  dweUing-houses,  situate  on  Charter  street,  hi  the  city  of 
cee  s,  c.  Boston,  in  which  said  Betsey  has  an  interest  for  life,  under 
and  by  virtue  of  the  will  of  her  late  husband,  William 
Burrows,  late  of  Roxbury,  in  the  county  of  Norfolk,  de- 
ceased, being  all  the  real  estate  of  which  said  William  died 
seized  on  said  street,  and  to  make,  execute  and  deliver, 
good  and  sufiicient  deeds  thereof  to  the  purchaser  or  pur- 
chasers, and  the  proceeds  thereof  to  invest  in  the  manner 
prescribed  in  said  will  of  William  Burrows,  for  the  invest- 
ment of  the  proceeds  of  his  ?;aid  real  estate,  for  the  use  of 
said  Betsey  Burrows  during  her  life,  and  on  her  decease 
for  the  use  and  purposes  in  said  will  set  forth  and  limited. 
Provided,  &c.  The  Said  Betsey  first  giving  bond,  to  the  satisfaction  of  the 
judge  of  probate  for  the  said  county  of  Norfolk,  with  con- 
dition that  the  same  shall  be  sold  by  her  in  good  faith,  for 
the  best  interest  of  all  concerned,  and  that  the  proceeds 
thereof  shall  be  disposed  of  agreeably  to  the  provisions  of 
said  will  and  of  this  resolve.  [Approved  by  the  Governor, 
Feb.  24,  1845.] 

Chan    AS  Resolve  on  the  Petition  of  A.  H.  Bullock,  Assignee. 

Resolved,  for  reasons  set  forth  in  his  petition,  that  the 
Allowance  to  Govemor  and  council  are  hereby  authorized  to  allow  to  A. 
assignee  of  jj  Bullock,  assignee,  any  amount  which  may  appear  to  be 
statutes^onim-"^  justly  due  from  the  Commonwealth,  for  the  services  of  John 
itation.  ^   Lincolu  as  a  director  of  the  Western  Rail-road,  the  stat- 

utes of  limitation  to  the  contrary  notwithstanding,  and  that 
the  Governor  draw  his  warrant  therefor  accordingly.  [Ap- 
proved by  the  Governor,  Feb.  24,  1845.] 


1845. Chap.  44,  45.  601 

Resolve  on  the  Petition  of  Caleb  W.  Loring,  Trustee  under  the  Will  of       ChaV.  44. 
Mary  Wadsworth. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  the 
said  Caleb  W.  Lorina:  is  hereby  authorized  to  sell  and  con-  Trustee  author- 

>3  ,       •'  ,  , .  .  ,  J   ized  to  sell  and 

vey,  in  one  or  more  parcels,  at  public  or  private  sale,  and  convej;  real 
to  execute  deeds  to  pass  the  title  in  fee  simple,  to  certain  estate  in  Lynn, 
lands   and  tenements,  situate  in  the  town  of  Lynn,  and 
county  of  Essex,  and  bounded  as  follows  :  southeasterly 
by  Boston  old  road,  so  called  ;  northeasterly  by  land  now, 
or  late  of  James  W.  Raddin  and  Joseph  Moulton ;  north- 
westerly by  land  now,  or  late  of  Andrews  Breed ;  south- 
westerly by  North  Federal  street,  and  land  now,  or  late  of 
John  and  Jonathan  Mulliken  ;  or  however  otherwise  bound- 
ed ;  the  same  being  held  by  him  in  trust  for  the  benefit  of 
Nancy  C,  Carnes,  Nathaniel  G.  Games,  Emma  E,  Games, 
and  Francis  Games.     And  the  net  proceeds  of  such  sale  or  investment  of 
sales  shall  be  taken  and  held,  and  invested  in   other  real  pu°poses  ex- 
estates,  stocks  or  securities,  by  the  said  Galeb  W.  Loring,  pressed  in  the 
upon   the  same  trusts,   and  for  the  same  purposes,  as  the  ^™*'' 
same  lands  and  tenements  are  now  held  by  him  :  provided,  Provided,  &c. 
hoioever,  that,  previously  to  any  sale,  the  said  Galeb  W.  Lor- 
ing shall  give  bonds,  with  sufficient  sureties,  to  the  judge  of 
probate  for  the  county  of  Essex,  for  his  acts  and  doings  in 
the  premises,  and  to  account  for  and  dispose  of  the  pro- 
ceeds of  the  sale  of  said  estate  according  to  said  will,  and 
the  trusts  therein  created  in  reference  to  said  estate.     \Aj}- 
proved  by  the  Governor,  Feb.  24,  1845.] 


Resolve  on  the  Petition  of  Thomas  Greenleaf,  Trustee  under  the  Will  of 
Ezekiel  Price. 


Chap.  45. 

Resolved,  for  the  reasons  stated  in  the  petition,  that  the  said 
Thomas  Greenleaf,  trustee,  be,  and  he  hereby  is  authorized  Trustee  author- 
to  sell,  and  pass  deeds  to  convey,  to  the  proprietors  of  the  co^nveyreai" 
Boston  Athengeum,  pursuant  to  a  contract  with  them  here-  estate  in  Boston, 
tofore  made,  all  that  parcel  of  land  in  Boston  described  in  o*f  the^oston 
the  said  petition,  and  bounded  westerly  on  Tremont  street,  Athenaeum, 
southerly  by  land  of  the  Provident  Institution  for  Savings, 
in  Boston,  in  part,  and  in  part  by  land  of  the  city  of  Bos- 
ton, or  the  county  of  Suffolk,   easterly  on  Gourt  Square, 
and  northerly  by  land  of  the  said  proprietors  of  the  Boston 
Athengeum,  or  however  otherwise  bounded,  meaning  to  in- 
clude all  the  land  and  appurtenances  of  which  the  said 
Greenleaf  is  seized  and  possessed  as  trustee  under  the  will 
of  the  said  Ezekiel  Price  :  provided,  however,  that  the  mon-  investment  of 
eys  and  other  proceeds  of  such  sale  be  held  by  the  said  P'"°<=eeds  for 

■'    .   .  ^ ,  T     ^         ,  1   purposes  ex- 

petitioner  upon  the  same  trusts,  and  lor  the  same  uses  and  pressed  in  the 
purposes,  as  arc  contained  and  declared  in  and  by  the  will  '™*^- 
of  the  said  Ezekiel  Price,  of  and  concerning  the  said  land  : 
and  provided,  also,  that  the  said  Greenleaf,  before  the  sale  Provided,  &.e. 
of  the  said  estate,  shall  give  bonds,  with  sureties  satisfac- 
77 


602 


1845. Chap.  45,  46,  47. 


tory  to  the  judge  of  probate  for  the  county  of  Suffolk,  to 
account  for  all  his  acts  and  doings  in  respect  to  the  sale  of 
the  above  premises,  and  to  hold  and  apply  the  proceeds  of 
said  sale  in  the  manner,  and  according  to  the  trusts  de- 
clared in  said  will  of  Ezekiel  Price,  respecting  the 
lands.     [Approved  by  the  Governo?;  Feb.  24,  1845.] 


said 


Trustees  author 
ized  to  sell  and 
convey  real 
estate  in  Boston. 


Chap.  46.  Resolve  on  the  Petition  of  Betsey  Hartt  and  Charles  G.  Loring,  Trustees, 
and  of  Elizabeth  C.  Hartt,  Guardian,  and  Sarah  A.  Hartt,  in  aid  thereof. 

/2e5o/?;e<Z,  for  reasons  set  forth  in  said  petition,  that  the 
said  Betsey  Hartt  and  Charles  G.  Loring  are  hereby  author- 
ized and  empowered  to  sell  and  convey,  in  one  or  more 
parcels,  at  public  or  private  sale,  and  to  execute  deeds  to 
pass  the  title  in  fee  simple,  to  one  undivided  sixth  part  of 
certain  lands  and  tenements  situated  on  Commercial  street, 
in  the  city  of  Boston,  and  bounded  as  follows  :  easterly  by 
Commercial  street,  forty-six  feet  seven  inches  ;  northerly  by 
land  now  or  late  of  H,  J.  Oliver,  twenty-eight  feet  two 
inches;  then  southwesterly  by  land  now,  or  late  of  Samuel 
Hartt,  six  feet  ten  inches ;  then  northwesterly  by  land  of 
said  Hartt,  fifty-four  feet  ten  inches ;  then  northeasterly  by 
land  of  said  Hartt,  nine  feet  four  inches ;  then  northwest- 
erly by  land  formerly  belonging  to  Joseph  Hartt  and  others, 
sixty-eight  feet;  then  southwesterly,  by  a  line  running 
southeasterly,  sixty-five  feet  one  inch ;  then  southeasterly 
by  land  now,  or  late  of  Carey,  eighty-two  feet  six  inches  ; 
then  southerly  by  land  now,  or  late  of  Carey,  thirty-five 
feet  four  inches;  or  however  otherwise  bounded;  the  same 
being  held  by  them  in  trust  under  the  will  of  Joseph  Hartt, 
for  the  benefit  of  his  widow  and  children.  And  the  net 
proceeds  of  such  sale  or  sales  shall  be  taken  and  held,  and 
invested  in  other  real  estates,  stocks  or  securities,  by  the 
said  Betsey  Hartt  and  Charles  G.  Loring,  their  survivor 
anu  successors  in  said  trust,  upon  the  same  trusts,  and  for 
the  same  purposes,  as  the  said  lands  and  tenements  are 
Provided, &.C.  ROW  held  by  them:  provided,  however,  that  previous  to  any 
sale,  the  trustees  aforesaid  shall  give  bonds,  with  sufiicient 
sureties,  to  the  judge  of  probate  for  the  county  of  Suffolk, 
for  all  their  acts  in  the  premises,  and  to  account  for,  and 
dispose  of  the  proceeds  of  the  sale  of  said  estate,  according 
to  said  will  and  the  trusts  therein  created.  [App?^ovcd  by 
the  Governor,  Feb.  24,  1845.] 


Investment  of 
proceeds  for 
purposes  ex- 
pressed in  the 
trust. 


Chap.  47. 

Judge  of  Pro- 
bate for  Miodle- 
sex,  authorized 
to  license  ad- 
ministrator to 
sell  and  convey 
real  estate. 


Resolve  oa  the  Petition  of  Jonathan  Butman. 
Resolved,  That,  for  reasons  set  forth  in  the  petition  of  said 
Buiman,  the  judge  of  probate  for  the  county  of  Middlesex, 
be  authorized  to  grant  license  to  Joel  Adams,  administrator 
of  the  goods  and  estate  of  Mary  Robb,  late  of  Lowell,  in 
said  county  of  Middlesex,  deceased,  intestate,  to  sell  at 
public  auction  all  the  real  estate  that  was  of  6aid  Mary  in 


i 


1845. Chap.  47,  48.  603 

her  life-time,  or  of  which  she  died  seized  and  possessed, 
and  the  deed  of  said  administrator  made  upon  a  sale  under 
such  Ucense,  being  duly  executed  and  acknowledged,  shall 
convey  a  good  and  indefeasible  title  thereto,  to  the  pur- 
chaser, free  from  any  claim  on  the  part  of  this  Common-  Release  of 
wealth  ;  and  the  Commonwealth  doth  also  hereby  release  ^"^[jj^s^in. 
to  said  administrator,  all  right  and  interest  it  has  by  reason  terest. 
that  said  Mary  died  without  heirs  in  and  to  the  personal 
estate  which  was  of  said  Mary,  and  the  rents  of  the  real 
estate  of  which  she  died  seized,  that  may  have  accrued 
since  her  death  :  provided,  that  said  administrator  shall,  Provided,  &c. 
before  said  sale,  and  before  any  property  shall  vest  in  him, 
under  and  by  force  of  this  resolve,  give  bonds  in  such  a 
sura  and  with  such  surety  or  sureties  as  shall  be  satisfac- 
tory to  odid  judge  of  probate,  binding  said  administrator, 
after  paying  the  just  debts  of  said  Mary,  her  funerc.l  char':;3S, 
and  expenses  of  administration,  to  pay  over  the  balance  of 
the  proceeds  of  the  sale  of  such  real  estate,  the  rents  there- 
of, and  the  said  personal  estate  (or  the  net  proceeds  thereof,) 
to  those  persons  who  were,  at  the  death  of  said  Mary, 
the  legal  heirs  and  next  of  kin  of  Betsey  Eutman,  de- 
ceased, who  was  the  mother  of  said  Mary,  to  be  divided 
among  them  according  to  the  statute  of  distributions  of 
estates  of  persons  deceased.  [Approved  by  the  Governor, 
Feb.  24,  1845.] 

Resolve  on  the  Petition  of  Charles  Grant.  OhflT)    48 

Resolved,  That,  for  reasons  set  forth  in  the  said  petition 
of  Charles  Grant,  the  judge  of  probate  for  the  time  being,  judge  of  Pro- 
in  the  county  of  Suffolk,  be  and  he  hereby  is  authorized  bate  for  Suffolk, 

TT  ,-'  .'  -ii  1  to  appoint  trus- 

and  directed  to  appomt  some  suitable  person  to  be  trustee  tee,  &c.  to  con- 
for  and  in  behalf  of  Elizabeth  Sullivan,  wife  of  John  L.  ^eyreai  estate 
Sullivan,  so  long  as  said  f]lizabeth  shall  not  be  of  sane  &^.^ '  '°'^^'^' 
mind ;  and  that  said  trustee,  so  appointed,  be  and  he  is 
hereby  authorized  and  empowered  to  convey  to  said  Charles 
Grant,  or  to  such  other  person  or  persons  as  he  may  in 
writing  appoint,  all  the  right  of  said  Elizabeth  Sullivan  in 
any  part  or  the  whole  of  the  land  and  premises  described 
in  the  deed  from  John  L.  Sullivan  to  Samuel  Parkman,  re- 
corded with  Sutiblk  deeds,  book  202,  folio  174,  and  to  exe- 
cute any  deed  or  deeds  thereof,  and  for  such  sum  or  sums 
as  he  the  said  trustee  may  deem  just ;  due  regard  being  had 
(in  estimating  the  value  thereof  and  of  her  chance  of  sur- 
vivorship) to  the  rate  of  interest  established  by  law,  and  to 
such  "  life  tables"  as  are  used  by  the    Hospital  Life  Insu- 
rance Company  of  Boston.     And  said  trustee  shall  carefully  investment  of 
invest  the  same,  apply  the  net  income  thereof  as  may  be  Pfo^eeds. 
requisite  to  her  support  during  her  natural  life,  and  upon 
her  decease,   shall  pay  over  and  transfer  any  balance  or 
property  remaining  in  his  hands  to  her  heirs  at  law  :  a?id 


604  1845. Chap.  48,  49,  50,  51. 

Provided,  «&c.  provided,  also,  that  the  trustee  so  appointed,  shall  first  give 
bonds  to  the  said  judge  of  probate  with  sufficient  surety  or 
sureties  for  the  faithful  performance  of  the  trusts  and  du- 
ties aforesaid.     [Approved  by  the  Governor^  Feb.  24,  1845.] 

nU  h  Q    Resolve  authorizing  the  Treasurer  to  borrow  Money  in  anticipation  of  the 

O/lOp.  ^y.  Revenue. 

Resolved,  That  the  Treasurer  of  this  Commonwealth  be, 
Treasurer  to  and  he  is  hereby  authorized  to  borrow,  in  anticipation  of 
borrow  and  re-  |-j^q  rcccipts  of  the  present  year,   of  any  of  the  banks  of 

pay  money,  «fec.     ,.^^  ,,^  ^  ■  ^  ■  r 

the  whole  sum  this  Commonwealth,  or  oi  any  corporation  therem,  or  oi 
borrowed  not  ^^y  individual  or  individuals,  such  sum  or  sums  of  money 
;g25o,ooo  at  any  as  may,  from  time  to  time,  be  necessary,  for  the  payment  of 
time.  the  ordinary  demands  on  the  treasury,  at  any  time  hefore 

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  appropriated,  shall  be.re- 
Prmided,  &c.  ceived  iuto  the  treasury :  provided,  however,  that  the  whole 
amount  borrowed  by  authority  hereof,  and  remaining  un- 
paid, shall  not,  at  any  time,  exceed  the  sum  of  two  hundred 
and  fifty  thousand  dollars.  [Approved  by  the  Governor^ 
Feb.  24,  1845.] 


Chap.  50. 


Resolve  on  the  Petition  of  Juliana  Philbrook. 
Resolved,  for  reasons  set  forth  in  said  petition,  that  the 
Land  agent  to    Land  Agent  be,  and  he  is  hereby  authorized  to  convey  to 
convey  certam   ji^]iana  Philbrook,  a  certain  lot  of  land  situate  and  Ivins: 

lands,  &c.  m        .  ,  •       i  r-»    •         i  i  n  i  ■  • 

Maine.  ui  township  letter  B,  m  the  tenth  range  of  townships,  in 

the  county  of  Penobscot,  and  state  of  Maine,  belonging  to 
this  Commonwealth,  now  in  the  possession  and  occupanc}'' 
of  said  Juliana  Philbrook,  and  that  said  conveyance  be 
made  so  as  best  to  include  the  improvements  which  have 
been  made  by  her.  [Aj)j)roved  by  the  Governor,  Feb.  26, 
1845.] 

r^hnn  f;i  Resolves  to  promote  Mutual  Literary  and  Scientific  Exchanges  with  Foreign 
Kynap.  OI.  Countries. 

Resolved,  That  the  Secretary  of  the  Commonwealth,  un- 
Seeretary under  dcr  the  direction  of  His  Excclleucy  the  Governor,  be  au- 
direciion, &c.     thorizcd  to  exchange  copies  of  the  State  map  of  Massachu- 

to obtain  foreign  ,.    ^  ^  .  ,  \    .  , 

books,  &c.  for  setts,  uot  exceeding  twenty  m  number,  and  bound  copies 
the  library  in  ex-  gf  ^\-^q  laws  aiid  legislative  documeuts  of  the  Common- 
and°books™aud  Wealth  for  the  current  political  year,  not  exceeding  fifty 
to  print  extra  yolumes  of  cach,  for  books  and  other  works  of  science  and 
mints' for  the""  art  from  foreign  countries,  to  he  deposited  in  the  library  of 
purpose.  the  General  Court.     And  the  Secretary  is  hereby  authorized 

to  cause  fifty  copies  of  each  of  the  said  documents  for  every 
future  year  to  be  printed  over  and  above  the  number,  now 
authorized  by  the  General  Court,  and  to  be  bound  in  vol- 
umes and  set  aside  for  the  purpose  of  effecting  the  aforesaid 
exchanges  hereafter. 


1845 Chap.  51,52.  605 

Resolved,  That  His  Excellency  the  Governor  be  author-  Governor  au- 
ized  to  appoint  some  suitable  person  residins  in  the  citv  of  ^honzed  to  em- 

1  i  1  fZj  J  ploy  a'^ent  m 

Paris,  France,  to  be  the  agent  of  this  Commonwealth,  in  Paris  ?o  con- 
transmitting  to,  and  receiving  from  the  Secretary's  office,  ^^'^^  exchanges 
all  such  books  and  other  works  of  science  and  art,  as   may  exceeding 
be  addressed  to  his  care  in  pursuance  of  the  object  of  the  po*^- 
preceding  resolve,  and  to  audit  and  allow  all  reasonable 
charges  of  said  agent  for  the  receiving,  packing,  carriage 
and  exportation  of  said  objects  of  exchange  :  provided,  that 
the  total  sum  so  expended  shall  not  exceed  three  hundred 
dollars.     [Approved  by  the  Governor,  Feb.  27,  1845.] 

Resolve  on  the  Petition  of  George  Mdrey.  CJlClT).  5'2i. 

Resolved,  That,  for  reasons  set  forth  in  said  petition, 
George  Morey,  of  Boston,  in  the  county  of  Suffolk,  trustee  Trustee  under 
under  the  last  will  and  testament  of  Asa  Richardson,  late  Richardson  au- 
of  said  Boston,  merchant,  deceased,  or  his  successor  in  said  thorized  to  sell 
trust,  be,  and  he  hereby  is  authorized  to  sell  and  convey,  in  estlteT^B^'os-^^ 
such  manner,  on  such  terms,  and  for  such  prices,  as  he  shall  ton. 
deem  expedient,  at  public  auction  or  private  sale,  the  whole 
or  any  part  of  a  certain  piece  or  parcel  of  land,  with  the 
buildings  thereon  standing,  situate  in  Boston  aforesaid,  and 
bounded  and  described  as  follows :  that  is  to  say,  beginning 
at  the  northeasterly  corner  thereof,  at  the  southeasterly 
corner  of  a  lot  of  land,  formerly  the  site  of  the  public  Latin 
school-house  and  school-house  yard,  but  now  belonging  to 
the  Massachusetts  Horticultural  Society,  thence  running  in 
a  southwesterly  direction  along  a  lane,  court  or  avenue, 
formerly  called  Cook's  Court,  now  called  Chapman  Place, 
to  a  brick  partition  wall,  which  separates  this  piece  or  par- 
cel of  land  from  land  now  or  late  of  Hannah  Thayer,  there 
measuring  sixty-one  feet  and  three  inches,  more  or  less; 
then  turning  and  running  in  a  westerly  direction  along  said 
brick  partition  wall,  and  there  measuring  forty-two  feet, 
more  or  less,  to  land  formerly  of  Moses  Gill ;  then  turning 
and  running  in  a  northeasterly  direction  along  said  land, 
formerly  of  said  Gill,  sixiy-one  feet  and  three  inches,  more 
or  less,  to  land  of  said  Massachusetts  Horticultural  Society; 
then  turning  and  running  in  an  easterly  direction  along  said 
land  of  said  Horticultural  Society,  thirty-eight  feet  and  three 
inches,  more  or  less,  to  the  point  of  beginning,  or  however 
otherwise  bounded,  measured  or  described,  together  with 
all  the  rights,  easements,  privileges  and  appurtenances 
thereunto  belonging  and  appertaining.  Said  estate  being 
the  same  conveyed  to  said  Asa  Richardson  by  John  Bal- 
lard, Jr.,  by  deed  dated  January  thirtieth,  in  the  year  of 
our  Lord  eighteen  hundred  and  sixteen,  recorded  in  the 
registry  of  deeds  for  Suffolk  County,  book  two  hundred 
and  fifty,  leaf  sixty-six;  and  to  make,  execute  and  acknow- 
ledge such  deeds  thereof  in  fee  simple,  to  the  purchaser  or 


606 


1845. Chap.  52,  53,  54. 


Investment  of 
proceeds  for 
purposes  ex- 
pressed in  the 
trust. 


purchasers,  as  to  said  Morey,  or  his  successor,  may  seem 
expedient.  And  the  proceeds  of  the  sale  of  said  estate  shall 
be  held  by  said  Morey,  or  his  said  successor  and  successors, 
upon  the  same  trusts,  and  for  the  same  intents  and  purposes, 
as  said  estate  itself  would  have  been  held,  had  it  not  been 
sold  and  conveyed  under  the  authority  and  in  pursuance  of 
Provided,  &c.  tliis  rcsolvc :  provided,  however,  that  previously  to  any  sale, 
the  said  Morey  shall  give  bonds  to  the  satisfaction  of  the 
judge  of  probate  for  the  county  of  Suffolk,  for  his  acts  and 
doings  in  the  premises,  and  to  account  for  and  dispose  of 
the  proceeds  of  the  sale  of  said  estate,  according  to  the  pro- 
visions hereinbefore  contained,  if  the  bond  already  given  by 
said  Morey  is  not,  in  the  opinion  of  said  judge  of  probate, 
sufficient  for  the  performance  of  said  trust.  [Approved  by 
the  Governor,  Feb.  27,  1845.] 


Chap.  53. 


Treasurer  to 
surrender  obli- 
gations for  lands 
in  Maine. 


Resolve  on  the  Petition  of  Samuel  Smith. 
Resolved,  for  reasons  set  forth  in  the  said  j^etilion,  that 
the  treasurer  of  the  Commonwealth  be,  and  he  hereby  is, 
authorized  and  empowered  to  give  up  to  the  said  Samuel 
Smith,  two  several  obligations  signed  by  him,  one  of  them 
dated  August  1st,  1843,  and  payable  on  or  before  the  first 
day  of  August,  one  thousand  eight  hundred  and  forty-seven, 
being  for  the  sum  of  two  thousand  eight  hundred  and  sixty- 
five  dollars  and  twenty-two  cents;  the  other  bearing  the 
same  date  and  payable  at  the  same  time,  being  for  the  sum 
of  eight  hundred  and  twenty-one  dollars  and  six  cents  ; 
this  release  is  in  full  satisfaction  for  all  loss  or  deficiency 
experienced  by  the  said  Smith,  by  reason  of  any  misrepre- 
sentation alleged  to  have  been  made  by  the  officers  employ- 
ed by  the  Commonwealth  of  Massachusetts,  of  the  quality 
of  township  number  six,  and  of  the  northwest  quarter  of 
township  number  five,  both  in  the  fifteenth  range  of  lands 
owned  by  the  Commonwealth  of  Massachusetts,  in  the  State 
of  Maine,  jointly  with  that  State,  and  both  sold  to  the  said 
Samuel  Smith.     [Approved  by  the  Governor,  Feb.  27,  1845.] 

Resolve  on  the  Petition  of  John  B.  Turner. 
Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
John  B.  Turner,  trustee  under  the  will  of  Mary  Ellms,  late 
ofScituate,  in  the  county  of  Plymouth,  widow,  deceased,  is 
hereby  empowered  to  sell,  at  public  or  private  sale,  the  real 
estate,  whereof  the  said  deceased  died,  seized,  and  which 
she  devised  in  trust,  and  to  convey  the  same  by  deed  duly 
executed  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  of  said  county  of  Ply- 
Frovided,  Sec.  moutii;  provided,  that  said  trustee  shall  first  give  bond, 
with  sufficient  sureties  to  the  said  judge  of  probate,  for  the 


Chap.  54. 

Trustee  under 
will  of  Mary 
Ellms,  may  sell 
and  convey  real 
estate. 


Investment  of 
proceeds  for 
purposes  ex- 
pressed in  the 
trust. 


1845. Chap.  54,  55,  56,  57.  607 

faithful  execution  of  the  power  hereby  conferred.    [Approv- 
ed by  the  Governor,  Feb.  27,  1845. J 

Resolve  relating  to  the  Sale  of  Public  Lands.  Cho,p.  55. 

Resolved,  That  the  Land  Agent  be  hereby  empowered  to 
sell  several  townships  or  tracts  of  land,  belonging  to  this  Land  agent 
Commonwealth,  and  situated  in  the  State  of  Maine,  on  such  ^om-ey  si^ 
terms  as  he  may  deem  expedient,  and  to  make  good  and  townships,  &c. 
sufficient  deeds  of  the  same :  provided,  however,  that  the 
aggregate  sales  authorized  by  this  resolve,  shall  not  exceed 
six  townships.     [Approved  by  the  Governor,  Feb.  27,  1845.] 

Resolves  concerning  the  Naturalization  Laws.  Chdp.  5Qt 

Whereas,  the  purity  of  the  ballot  box  is  indispensable  for 
the  security  of  the  rights,  and  the  free  and  full  expression 
of  the  Aviil  of  the  people;  and  whereas  experience  has 
clearly  demonstrated,  that  the  naturalization  laws  of  the 
United  States  are  loose  and  defective,  affording  opportuni- 
ties for  the  perpetration  of  gross  frauds,  destructive  alike  to 
the  rights  and  morals  of  our  citizens,  and  the  stabilities  of 
our  institutions :     Therefore, 

Resolved,  That  the  rights,  interests,   and  morals  of  the  Revision  and 
people  demand  an  immediate  and  thorough  revision  of  the  fhTnaturdLa- 
naturalization  laws;  and  we  regard  it  as  the  imperative  tion laws neces- 
duty  of  Congress  so  to  amend  those  laws,  that,  while  a  libe-  ^"y- 
ral  and  just  policy  shall  be  adopted  towards  such  foreigners 
as  are,  or  may  come  among  us,  the  rights  and  privileges  of 
our  countrymen  shall  be  kept  inviolate,  and  the  ballot  box 
permanently  guarded  against  every  improper  influence. 

Resolved,  That  our  senators  and  representatives  in  Con-  Senators  and 
gress,  are  hereby  especially  requested  to  use  their  utmost  Jeques^edM)use 
exertions  fortli  with,  to  procure  such  amendments  in  the  nat-  exertions,  &c. 
uralization  laws,  as  shall  carry  out  and  perpetuate,  as  far 
as  possible,   the  principles   indicated  in  the  foregoing  re- 
solve. 

Resolved,  That  His  Excellency  the  Governor  be  requested  Copy  to  be 
to  transmit  a  copy  of  these  resolves  to  each  of  our  senators  fansmitied, &c. 
and  representatives  in  Congress.     [Approved  by  the  Govern- 
or, March  1,  1845.] 

Resolve  on  the  Petition  of  the  County  Commissioners  of  the  County  of  Wor-  C/httV,  51, 


cester 


Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
be  paid  out  of  the  treasury  of  the  Commonwealth,  to  the  Allowance  of 
county  commissioners  of  the  county  of  Worcester,  eighteen  fuppoTttnLei- 
hundred  and  eleven  dollars  and  ninety-six  cents,  in  full  for  tic  state pau- 
the  support  of  John  McLaraen,  from  the  first  day  of  July,  P^*^^- 
in  the  year  one  thousand  eight  hundred  and  thirty-nine,  to 
the  first  day  of  January,  in  the  year  one  thousand  eight 
hundred  and  forty-five ;  Sarah  Wilson,  from  the  first  day 


608  1845. Chap.  57,  58,  59,  60. 

of  July,  in  the  year  one  thousand  eight  hundred  and  thirty- 
nine,  to  the  time  of  her  decease,  in  the  year  one  thousand 
eight  hundred  and  forty-four ;  William  Sherenden,  from  the 
first  day  of  July,  in  the  year  one  thousand  eight  hundred 
and  thirty-nine,  to  the  time  of  his  decease,  in  the  year  one 
thousand  eight  hundred  and  forty-two  ;  Henry  Peets,  from 
the  first  day  of  July,  in  the  year  one  thousand  eight  hundred 
and  thirty-nine,  to  the  time  of  his  decease,  in  the  year  one 
thousand  eight  hundred  and  forty-four;  Charles  Jones, 
from  the  fourteenth  day  of  October,  in  the  year  one  thous- 
and eight  hundred  and  forty-two,  to  the  first  day  of  Janu- 
ary, in  the  year  one  thousand  eight  hundred  and  forty-five, — 
they  being  lunatic  State  paupers;  and  that  the  Governor 
draw  a  warrant  therefor  accordingly.  [Approved  by  the 
Governor,  March  4,  1845.] 

Chap.  58.  Resolve  on  the  Petition  of  Nathaniel  Watson. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
^ll7^%°^     be  allowed  and  paid  out  of  the  treasury  of  the  Common- 
^sting  prisoner  Wealth,  to  Nathaniel  Watson,  of  East  Cambridge,  one  hun- 
escaped,  &c.     (jy-ed  and  sixteen  dollars  and  eighty-four  cents,  in  full  reim- 
bursement for  his  expenses,  in  pursuing  and  arresting  one 
Michael  B.  McKay,  who  escaped  from  jail  on  the  thirty- 
first  of  August  last,  and  one  John  Prescott,  who  aided  in 
the  escape  of  said  McKay  and  Thomas  Chubb,  junior  ;  and 
that  the  Governor  draw  his  warrant  therefor  accordingly. 
[Ajjproved  by  the  Governor,  March  4,  1845.] 

Chttp.  59.  Eesolve  on  the  Petition  of  Charles  Henry  Parker. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
Allowance  of  he  paid  out  of  the  treasury  of  the  Commonwealth,  to 
ferv'ices.  ^^^  Charlcs  Henry  Parker,  of  Doston,  fifteen  dollars,  in  full 
for  services  rendered  in  August  of  the  year  one  thousand 
eight  hundred  and  forty-four,  at  the  request  of  the  district 
attorney  of  the  southern  district ;  and  that  the  Governor 
draw  his  warrant  therefor  accordingly.  [Appjwed  by  the 
Governor,  March  4,  1845.] 

Chap.  60.  Resolve  on  the  Petition  of  James  S.  Hancock. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
Allowance  of  be  allowed  and  paid  out  of  the  treasury  of  the  Common- 
offu'gi°tive."^^*  wealth,  to  James  S.  Hancock,  of  Lowell,  thirty-three  dol- 
lars, in  full  reimbursement  for  his  expenses  in  pursuing  and 
arresting  John  Prescott,  who  had  aided  in  the  escape  of 
Michael  B.  McKay  and  Thomas  Chubb,  junior,  from  jail 
on  the  thirty-first  of  August  last;  and  that  the  Governor 
draw  his  warrant  therefor  accordingly.  [Approved  by  the 
Governor,  March  4.  1845.] 


1845. Chap.  61,  62,  63.  609 

Resolve  on  the  Petition  of  Nathaniel  Hinckley,  Charles  Marston  and  Luther  (^Uf.^    fJi 
Hinckley,  Commissioners  of  Marshpee.  \yilup»  Dl. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
be  allowed  and  paid  out  of  the  treasury  of  the  Common-  Allowances  of 
wealth,  to  Nathaniel  Hinckley,  eighty-one  dollars  and  commissioners, 
twelve  cents,  and  to  Charles  Marston,  seventy-two  dollars 
and  fifty  cents,  and  to  Luther  Hinckley,  seventy-two  dol- 
lars and  seventy-five  cents,  in  full  liquidation  of  their  claims 
respectively,  as  commissioners  of  Marshpee,  under  the  act 
passed  March  third,  in  the  year  one  thousand  eight  hundred 
and  forty-two ;  and  that  the  Governor  draw  his  warrants 
therefor  accordingly.  [Approved  by  the  Governor^  March 
4,  1845.] 

Resolve  on  the  Petition  of  Isaac  D.  Rice.  nhnn    Pf) 

Resolved,  for  reasons  set  forth  in  the  petition,  that  Isaac         ^' 
D.  Rice,  of  Oakham,  in  the  county  of  Worcester,  executor  Executor  of 
of  the  last  will  and  testament  of  David  Rice,  late  of  said  ^i"  o'"  Davi<i 
Oakham,  deceased,  be,  and  hereby  is  authorized  to  convey  to'seiUnd"con- 
in  fee  simple  by  a  good  and  sufficient  deed  to  Avery  Bush  yey  real  estate 
of  said  Oakham,  all  the  right,  title  and  interest  which  the  Avery  Busb!° 
said  David  Rice  had,  at  the  time  of  his  decease,  in  and  unto 
a  certain  farm  situated  in  said  Oakham,  containing  seventy 
acres  more  or  less ;  being  the  same  particularly  described 
in  a  deed  from  Lewis  Fales  to  Harry  Fales,  recorded  in 
the  registry  of  deeds  for  said  county  of  Worcester,  book 
183,  page  98.     Also,  in  and  unto  one  other  tract  of  land 
adjoining  the  above  described  farm,  containing  about  five 
acres  more  or  less,  and  particularly  described  in  a  deed 
from  Joseph  Clapp  to  Harry  Fales,  recorded  in  said  regis- 
try, book  301,  page  155  :  provided,  that  the  said  Isaac,  as  Provided,  &.e. 
executor  aforesaid,  shall  account  to  the  judge  of  probate 
for  said  county  of  Worcester,  for  whatever  sums  he  may 
receive  for  said  conveyance,  according  to  the  provisions  of 
a  certain  bond  given  by  said  David  Rice  and  one  Nathan 
Rice,  to  said  Avery  Bush,  dated  the  twenty-seventh  day  of 
April,  in  the  year  one  thousand  eight  hundred  and  forty- 
one.     [App7'oved  by  the  Governor,  March  5,  1845.] 

Resolve  on  the  Petition  of  Edward  S.  Rand,  Guardian  of  Helen  Morse  and  Qjiap,  QQ. 
Martha  Rand  Morse.  "' 

Resolved,  for  the  reasons  set  forth  in  the  said  petition, 
that  the  said  Edward  S.  Rand  be,  and  he  hereby  is  au-  Guardian  au- 
thorized to  sell,  convey  and  release,  unto  Josiah   Bradlee,  LTconveyreai 
of  Boston,  in  the  county  of  Suffolk,  his  heirs  and  assigns,  estate  in  Bos- 
all  the  interest  of  the  said  minors  in  that  parcel   of  land  Brad?ee°*'* 
situate  in  said  Boston,  which,  was  conveyed  to  the  said 
Bradlee  by  Isaac  Rand,  late  of  said  Boston,  deceased,  and 
more  fully  described  in  the  deed  of  the  said  Isaac  Rand  to 
the  said  Bradlee,  recorded  in  the  Suffolk  county  registry  of 
78 


610 


1845 Chap.  63,  64,  65,  66,  67. 


deeds,  book  520,  leaf  231,  and  especially  all  interest  of  the 
said  minors  therein,  under  and  by  virtue  of  the  condition 
mentioned  in  the  said  deed,  and  to  execute  and  deliver  a 
Provided,  Sz.c.  Sufficient  deed  of  release  of  the  same,  the  said  Rand  giving 
bond  before  said  sale  or  release  to  the  judge  of  probate  for 
the  county  of  Suffolk,  that  he  will  exercise  the  powers 
herein  conferred  in  a  faithful  manner  and  for  the  best  in- 
terests of  said  minors,  and  that  he  will  duly  account  for 
any  and  all  money  or  other  proceeds  arising  from  the  above 
sale  or  release.  [Approved  by  the  Goveriior,  March  5, 
1845.] 

Resolve  for  the  Distribution  of  Certain  Documents. 
Resolved,  That  the  Secretary  of  the  Commonwealth  be, 
and  he  is  hereby  directed  to  distribute,  annually,  one  copy 
of  the  published  laws  of  the  Commonwealth,  and  one  copy 
of  the  documents  of  the  General  Court,  printed  by  order  of 
either  branch  of  the  same,  to  the  New  York  Historical  So- 
ciety, established  in  the  city  and  State  of  New  York,  and 
also  to  the  American  Statistical  Association  established  in 
the  city  of  Boston.  [App)^oved  by  the  Govermor,  March  6, 
1845.] 

Resolve  relating  to  Gun  Houses. 
Resolved,  That  the  Adjutant  General  be,  and  he  is  here- 
by authorized  and  required  to  make  such  alterations  and 
repairs  upon  the  gun  houses  of  the  Commonwealth  as,  in 
his  opinion,  may  be  necessary  for  the  safe-keeping  and 
preservation  of  the  properly  of  the  State,  and  for  the  ac- 
commodation of  the  different  corps  meeting  therein  :  provi- 
ded, that  the  expense  thereof  shall  not  exceed  four  thousand 
dollars,  and  that  the  same  be  defrayed  out  of  the  funds  now 
in  his  hands.     [Approved  by  the  Governor,  March  7,  1845.] 

Chap.  66.     Resolves  authorizing  the  Adjutant  and  Acting  Quarter  Master  General  to 

employ  a  Clerk. 

Resolved,  That  the  Adjutant  and  Acting  Quarter  Master 
Adjutant  Gen-  General  be  hereby  authorized  to  employ  a  clerk  to  assist 
pioy'a^derk!'  him  iu  the  discharge  of  the  duties  of  his  several  depart- 
^'i!}.^  salary  of  ments,  and  to  allow  him,  for  his  services,  the  sum  of  six 
hundred  dollars  per  year,  to  be  paid  in  quarterly  payments, 
and  the  Governor  is  hereby  authorized  to  draw  his  war- 
rants on  the  treasury  accordingly. 

Resolved,  That  these  resolves  shall  take  effect  from  and 
after  their  passage.  [App?^oved  by  the  Governor,  March  7, 
1845.] 


Chap.  64. 


Laws,  &c.  to 
be  sent  annu- 
ally to  New 
York  Historical 
Society,  and 
American  Sta- 
tistical Associa- 
tion. 


Chap.  66. 

Adjutant  Gen- 
eral authorized 
to  make  altera- 
tions, &c.  in 
gun-houses,  at 
an  expense  not 
exceeding 
;g4,000,  &c. 


When  to  take 
effect. 


Chap.  61. 

Allowance  of 
%i\  15. 


Resolve  on  the  Petition  of  Henry  W.  Bishop. 
Resolved,  for  reasons  set  forth  in   the  said  petition,  that 
there  be  allowed  and  paid,  out  of  the  treasury  of  the  Com- 


1845. Chap.  67,  68,  69,  70,  71.  611 

monwealth,  to  Henry  W.  Bishop,  the  sum  of  thirty-one 
dollars  and  fifteen  cents,  and  that  the  Governor  be  author- 
ized to  draw  his  warrant  accordingly.  \^Approved  by  the 
Governor,  March  7,  1845.] 

Resolve  relating  to  the  Public  Archives.  ChciV.  68. 

Resolved,  That  the  sum  of  five  hundred  dollars  be  here- 
by appropriated,  to  be  expended  by  the  Secretary  of  the  Secretary,  un- 
common wealth,  under  the  direction  of  His  Excellency  the  &c.  auThor?z"ed 
Governor,  in  providing  for  completing  the  arrangement  of  to  complete  ar- 
the  papers  and  documents  in  the  public  archives  of  the  pubfkTarchtves 
Commonwealth,  and  that  a  warrant  be  drawn  accordingly,  at  an  expense 
[Approved  bij  the  Governor,  March  7,  1845.]  of  ^500. 


Eesolve  concerning  the  Militia  Laws.  VhoLX)    69 

Resolved,  That  the  Adjutant  General  be,  and  he  is  here- 
by authorized  and  required  to  prepare,   and  cause  to  be  ^4iutant  GJen- 

■     ^     i    ■  ■       Z    r  j-^r.i  -J.-         1  era!  authorized 

prmied  ni  a  convenient  lorm,   a  digest  oi  the  existing  laws  t"  prepare,  &c. 
of  the  Commonwealth  in  relation  to  the  militia,  and  to  fur-  a  digest  of  laws 
nish  one  copy  of  the  same  to  each  commissioned  officer  in  miiiuafaTan^ 
the  militia  service,  to  the  assessors,   and  to  the  city  and  expense  of 
town  clerks  of  the  several  cities  and  towns,  and  that  three  *     " 
hundred  dollars  be   appropriated  from    the   funds    in    the 
hands  of  the  Adjutant  General  to  pay  the  expense  thereof. 
[Approved  by  the  Governor,  March  7,  1845.] 

Resolve  on  the  Accounts  of  the  Land  Agent.  Chnn    70 

Resolved,  That  George  W.   Coffin,   Land  Agent  of  the 
Commonwealth,  be,  and  he  hereby  is  discharged  from  the  Land  Agent 
payment  of  the  sum  of  two  hundred  and  sixty  thousand,  from  oblfgation 
one  hundred  and  sixty  dollars  and  sixty-one  cents,  the  re-  for  ^200,160  6i^ 
ccipt  of  which   is  acknowledged   in  his  account  with  the  fandTales^in 
Commonwealth,  for  sales  of  land  during  the  year  one  thou-  1844. 
sand  eight  hundred  and  forty-four.     [Approved  by  the  Gov- 
ernor, March  7,  1845.] 

Resolve  concerning  the  Distribution  of  Equipments  and  Camp  Equipage.     QhttT),   71. 

Resolved,  That  the  Adjutant  and  Acting  Quarter  Master 
General  be,  and  he  is  hereby  authorized  and  directed  to  Adjutant  Gen- 

,.        .,  ,,  ^■rr•  ,  r  .t  i        ,  •!••         ^  eral  to  distribute 

distribute,  to  the  dilierent  corps  oi  the  voluntoer  militia  of  equipments,&c, 
this  Commonwealth,  such  articles  of  equipment  and    camp  '»  volunteer 

.1      c*.     .  1  1  r^  '^  militia,  iSic. 

equipage  as  are  now  in  the  btate  arsenals,  or  may  hereaiter 
be  received  from  the  United  States,  under  the  act  of  Con- 
gress, papscd  in  the  year  one  thousand  eight  hundred  and 
eight,  upon  such  terms  and  requirements  as  are  exacted  by 
the  laws  relating  to  the  distribution  of  arms.  [App7'oved 
by  the  Governor,  March  10,  1845.] 


612  1845. Chap.  72,  73,  74,  75. 

ChcLD     T2,  Resolve  for  the  Payment  of  sundry  Miscellaneous  Accounts. 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
Allowance  of  public  treasury,  to  the  several  persons  mentioned  in  the 
5485  66.  accompanying  roll,  the  sums  set  against  their  names  res- 

pectively, amounting  in  the  whole  to  the  sum  of  four  hun- 
dred and  eighty-five  dollars  and  sixty-six  cents,  the  same 
being  in  full  discharge  of  the  accounts  and  demands  to 
which  they  refer,  and  that  a  warrant  be  drawn  accordingly. 
[Appi'oved  by  the  Governor,  March  10,  1845.] 

Chat)    73    Resolve  on  the  Petition  of  the  Overseers  of  the  Poor  of  the  Town  of  Franklin. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
Allowance  of     be  paid,  out  of  the  treasury  of  the  Commonwealth,  to  the 
^^^ortofa'^    treasurer  of  the  town  of  Franklin,  fourteen  dollars  and 
State'pauper.     fifty-six  ceuts,  in  full,  for  the  support  of  Francis  Elizabeth 
Smith  Gray  for  the  year  one  thousand  eight  hundred  and 
forty-three,  said  Francis  being  a  State  pauper  under  the 
age  of  twelve  years,  and  having  been  omitted  in  the  return 
of  the  overseers  of  the  poor  of  said  town  for  the  year  afore- 
said, and  that  the  Governor  draw  a  warrant  therefor  ac- 
cordingly.    [Approved  by  the  Governor,  March  10,  1845.] 

Chat).  74.  Resolve  on  the  Petition  of  Calvin  Willard. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
Allowance  of  be  allowed  and  paid,  out  of  the  treasury  of  the  Comnion- 
tSon"b-  wealth,  to  Calvin  Willard,  of  Millbury,  fifty-four  dollars 
lie  documents,  and  twenty-five  cents,  in  full,  for  his  services  in  the  distri- 
^^  bution  of  public  documents,  under  the  direction  of  the  Sec- 

retary of  the  Commonwealth,  and  that  the  Governor  draw 
a  tvarrant  therefor  accordingly.  [Approved  by  the  Govern- 
or, March  10,  1845.] 

Chnn    7^  Resolve  granting  Taxes  for  the  several  Counties. 

Resolved,  That  the  sums  placed  against  the  names  of  the 
County  taxes,  sevcral  counties  in  the  following  schedule,  are  hereby  grant- 
c?s™fJ'i^^°  ed  as  a  tax  for  each  county  respectively,  to  be  assessed, 
paid,  collected  and  applied  according  to  law,  viz  :  county 
of  Worcester,  twenty-seven  thousand  dollars ;  county  of 
Essex,  thirty-two  thousand  six  hundred  dollars ;  county  of 
Hampshire,  seven  thousand  five  hundred  dollars;  county 
of  Bristol,  twenty-two  thousand  dollars;  county  of  Nor- 
folk, eight  thousand  dollars ;  county  of  Berkshire,  thirteen 
thousand  dollars  ;  county  of  Plymouth,  ten  thousand  dol- 
lars; county  of  Hampden,  thirteen  thousand  five  hundred 
dollars  ;  county  of  Franklin,  six  thousand  dollars  ;  county 
of  Barnstable,  five  thousand  five  hundred  dollars ;  county 
of  Dukes,  seven  hundred  dollars ;  county  of  Middlesex, 
thirty-eight  thousand  five  hundred  dollars.  [Approved  by 
the  Governor,  March  11,  1845.] 


5184,300. 


1845. Chap.  76,  77,  78.  613 

Resolve  on  the  Petition  of  William  G.  Bates.  ChdV.  76. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  Wil- 
liam G.  Bates,  trustee  of  George  W.  Saxton.   and  Huldah  Trustee  author- 
Saxton,   his    wife,   under  a  deed  of   trust  made  by   said  co^ifveyrei^-'^ 
George  and  Hnldah,  on  the  eighth  day  of  May,  in  the  year  late  in  West- 
one  thousand  eight  hundred  and  forty,  is  hereby  authorized  ^®'^' 
to  sell,  at  public  or  private  sale,  and  to  convey  a  certain 
tract  of  land  situate  in  Westfield,  in  the  county  of  Hamp- 
den, with  the  buildings  thereon,   containing  sixteen  acres, 
bounded  north  on  E.  Wellee,  east  on  Enoch  Phelps,  south 
and  west  on  the  highway,  and  the  same  conveyed  by  said 
deed  of  trust,  and  after  extinguishing  the  claims  upon  said 
premises,  to  invest  the  remainder  of  the  proceeds  in  such  investment  and 
other  property,  as,   in  his  discretion,  shall  be  prudent  and  proceeds^''""  °^ 
secure ;  to  pay  over  the  interest  thereof  to  said   Huldah, 
and   by  consent  of  said  George   and   Huldah,  to  pay  such 
part  of  the  principal  as  shall  be  necessary  for  the  mainte- 
nance and  education  of  their  minor  children,   and  in   all 
other  things  to  dispose  of  the  same,  according  to  the  provi- 
sions of  said  deed  of  trust :  provided,  said  trustee  first  give  Provided,  &,c. 
bond  to  the  judge  of  probate  for  said  county  of  Hampden, 
in  such  sum   as  said  judge  shall  deem  sufficient,  for  the 
faithful  performance  of  said  trust.     [Approved  by  the  Gov- 
ernor, March  11,  1845.] 

Resolve  on  the  Petition  of  Jonathan  A.  Ireland.  Phfin    111 

Resolved,  for  reasons  set  forth  in  said  petitions,  that  Maria 
Ireland,  wife  of  said  Jonathan,  a  minor  under  the  age  of  Minor  author- 
twenty- one  years,  is  hereby  authorized  to  join  with  her  said  ^c'^iu^convey- 
husband  in  executing  any  deed  or  deeds  of  an  undivided  ing  real  estate 
half  of  certain  real  estate,  situate  in  Newton,  in  the  county  *"  Newton. 
of  Middlesex,   consisting  of  three  lots,   containing   in   all 
about  twenty-four  acres,  more  or  ^ess,  with  the  buildings 
thereon,  being  the  estate  which   descended  to  said  Maria 
and  one  George  E.  Adams,  as  heirs  at   law  of  their  father 
Elijah  Adams,  late  of  said  Newton,  deceased  ;  and  any  deed 
or  deeds  duly  executed  by  said  Maria,  jointly  with  her  said 
husband,  shall  be  good  and  sufficient  in  law,  to  convey  said 
premises:  j>rovided,  the  guardian  of  said  George  E.  Adams,  Provided,  &.c. 
after  being  duly  authorized  and  licensed  for  that  purpose, 
shall  sell,  convey,  and  execute  deed  or  deeds  of  the  right 
and  interest,  said   George  E.  Adams  has  in  said   premises. 
[Approved  by  the  Governor^  March  11,  1845.] 

Resolve  in  relation  to  the  Arsenal  Lot  in  Cambridge.  Ohnn    7fi 

Resolved,  That  the  Governor  and  Council    are   hereby 
authorized  to  cause  any  portion  of  the  arsenal  lot  in  Cam-  Governor  and 
bridse.  to  be  exchanged  for  any  other  land  in   said  town,  9°""cii  author- 
and  to  cause,  or  allow  any  road  to  be  made  across  said  lot,  portion  of  arse- 


614 


1845. Chap.  78,  79,  80,  81. 


nai  lot  in  Cam-  upoti  such  terms  as  they  may  deem  meet  and  for  the  public 
allow kToad"     interest.     [App7oved  by  the  Governor,  March  14,  1845.] 

across  the  same.   — — — ■ — ___^^_ 


Chap.  79. 


Allowance  of 


Resolve  on  the  Petition  of  the  Citizens  Bank,  of  Nantucket. 
Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
the  sum  of  five  hundred  dollars  be  paid,  out  of  the  treasury 
of  this  Commonwealth,  to  the  Citizens  Bank,  of  Nantucket, 
in  full  for  all  claims  of  said  bank  upon  the  Commonwealth, 
and  that  His  Excellency  the  Governor  is  hereby  authorized 
to  draw  his  warrant  accordingly.  [Ajjpioved  by  the  Gov- 
ernor, March  14,  1845.] 


Chap.  80. 


Resolve  on  the  Petition  of  Increase  N.  Emerton. 
Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
there  be  allowed  and  paid,  out  of  the  treasury  of  the  Com- 
yearf^°  ^°^  mon Wealth,  to  Increase  N.  Emerton,  of  Lynn,  an  annual 
pension  of  fifty  dollars,  for  five  successive  years,  payable  oil 
the  first  Monday  of  April  in  each  year,  and  that  warrants 
be  drawn  accordingly.  [Approved  by  the  Governor,  March 
14,  1845.] 


Annual  allow- 
ance 
five 


Chap.  81 


Land  Agent  to 
reclaim  lands 
for  the  Com- 
monwealth, 
conveyed  on 
condition  not 
fulfilled. 


Provided,  &c. 


Notice  to  be 
first  given,  &c. 


Resolve  authorizing  the  Land  Agent  to  act  in  certain  cases. 
Resolved,  That  the  Land  Agent  be,  and  he  is  hereby  di- 
rected, to  take  such  measures  as  he  may  deem  necessary,  to 
recover  to  the  Commonwealth,  the  possession  of  lands  here- 
tofore granted  by  said  Commonwealth,  on  condition  that 
the  grantees  of  the  same  should  place  upon  the  lands  so 
granted,  within  a  certain  time,  a  specified  number  of  set- 
tlers, in  those  cases  where  the  said  condition  has  not  been 
complied  with :  provided,  however,  that  compliance  with 
the  provisions  of  a  resolve,  passed  on  the  first  day  of  April, 
one  thousand  eight  hundred  and  thirty-six,  entitled,  "  a 
resolve  relating  to  the  fulfilling  the  conditions  of  the  sale  of 
the  public  lands,"  shall  be  deemed  and  taken  to  have  been 
a  full  and  satisfactory  performance  of  the  conditions  afore- 
said ;  and  the  title  to  the  lands  so  granted,  is  hereby  de- 
clared to  be  complete  in  the  grantees  or  their  assigns  :  and 
provided,  further,  that  the  Land  Agent  shall  first  give  notice 
to  the  delinquent  proprietors  of  lands  so  granted,  either  by 
writing,  in  cases  where  the  parties  are  known,  or  by  publi- 
cation made  for  three  months,  in  two  or  more  of  the  public 
newspapers,  in  each  of  the  States  of  Maine  and  Massachu- 
setts, of  the  passage  of  this  resolve,  and  that  the  said  delin- 
quent proprietors  shall  fail  to  give  the  evidence  necessary  to 
prove  their  title  complete,  to  the  said  Land  Agent,  on  or 
before  the  first  day  of  December  next.  [Approved  by  the 
Governor,  March  14,  1845.] 


1845. Chap.  82,  83,  84,  85,  86.  615 

Resolve  authorizing  the  Adjutant  General  to  purchase  "  Cooper's  Tactics."     Ch(tp>  82. 

Resolved,  That  the  Adjutant  General  is  hereby  authorized 
and  required  to  contract  for  a  sufficient  number  of  "  Coop-  Adjutant  Gene- 
er's  Tactics  for  the  regulation  of  the  Mihtia,"  to  supply  fieid°s^tafff^nd 
each  field,  staff,  and  company  officer  of  the  volunteer  mili-  company  offi- 
tia  of  the  State,  with  one  copy ;  such  copy  to  be  considered  *^^''^'  ^^' 
and  held  to  be  public  property,  and  to  be  delivered  to  his 
successor  in  office ;  the  expense  thereof  to  be  defrayed  out 
of  the  funds  now  in  the  hands  of  the   Adjutant  General. 
[Appyoved  by  the  Governor,  March  14,  1845. J 

Resolve  concerning  Revolutionary  Rolls.  Oh  (IT)     83 

Resolved,  That  the  Secretary  be  authorized  and  directed 
to  proceed  with  the  preparation  of  the  Index  of  the  Revolu-  Secretary  to 
tionary  Rolls,  exhibiting:  the  names  in  exact  alphabetical  proceed \vith  Ai- 

111  i/-(  1  i-i^"i  1-     phabetical  In- 

order,  and  that  the  Governor   be  authorized  to  draw  his  dex,  «fcc..  at  an 
warrant  for  the  sum  of  six  hundred  dollars,  towards  defray-  ^'5P^"^'f  °^     , 

,  ^-iTi  •  IT-  1  ■•         SCOO  additional, 

mg  the  cost  of  said  Index,  m  addition  to  the  appropriation  &c. 
of  the  tenth  day  of  March,  in  the  year  one  thousand  eight 
hundred  and  forty-four.     [Approved  by  the  Governor,  March 
17,  184.5.] 

Resolve  on  the  Petition  of  George  J.  Goodwin.  ChttJ}.   84. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  the 
said  George  J.  Goodwin,  trustee  under  the  will  of  David  Trustee  author- 
Wilson,  deceased,  or  his  successor  in  said  trust,  be,  and  he  'convey  reai^es- 
hereby  is  authorized  to  sell  and  convey,  at  public  or  private  tate  in  Boston, 
sale,  the  land  and  the  buildings  thereon,  situate  on  Southac 
Street,  in  the  city  of  Boston,  held  in  trust  by  said  Goodwin, 
under  said  will,  and  all  the  privileges  and  appurtenances 
thereto  belonging,  and  to  make  and  execute  good  and  suffi- 
cient deed  or  dteds  thereof,  in  fee  simple,  to  the  purchaser 
or  purchasers  :  provided,  that  the  said  trustee  shall  first  give  Provided, e^c. 
bonds  to  the  judge  of  probate  for  the  county  of  Suffolk,  to 
account  for  and  dispose  of  the  proceeds  thereof,  according 
to  the  will  of  said  David  Wilson.     [Approved  by  the  Gov- 
ernor, March  17,  1845.] 

Resolve  concerning  the  Quarter  Master  General's  Department.  CflttV.   85. 

Resolved,  That  the  sum  of  three  thousand  two  hundred 
and  eighty  dollars  be  hereby  appropriated  to  defray  the  Appropriation 
expenses  of  the  quarter  master  general's  department,  for  the  °  *  >'•    • 
current  year,  and  that  warrants  be  drawn  therefor.     [Ap- 
proved by  the  Governor,  March  17,  1845.] 

Resol\t:  concerning  the  State  Map.  CIlCip.   86. 

Resolved,  That  thirty  copies  of  the  State  Map  be  placed 
at  the  disposal  of  His  Excellency  the  Governor,  for  distri-  The  Governor 
bution  by  him.  in  the  United  States,  and  that  the  Secretary  disuibuteso 
of  the  Commonwealth  be  directed  to  furnish  such  copies,  copies,  <Sic. 


616  1845. Chap.  86,  87,  88. 


Chap.  87. 


from  time  to  time,  as  the  same  may  be  wanted.     {Approved 
by  the  Governor,  March  18,  1845.] 

Resolve  on  the  Petition  of  Jane  Williams. 
Resolved^  for  reasons  set  forth  in  the  petition,  that  the 
Judge  of  pro-  judge  of  probate,  for  the  county  of  Norfolk,  be,  and  he  hereby 
foU^'  authorized  ^^  authorized  and  empowered  to  grant  hcense  to  Jane  Wil- 
10  license  peti-  liams,  if,  iipon  duc  notice  and  consideration,  in  his  judg- 
and^co'nvr'real  '^^"t?  such  license  ought  to  be  granted,  to  release  the  right 
estate  in  Dor-  and  interest  of  her  minor  children,  viz.  :  Caleb  O.  Williams, 
Chester.  Georgc  Williams,   Samuel  WiUianis,  Eunice  E.  Williams, 

and  Josiah  Williams,  in  and  to  the  following  described  es- 
tate, viz.  :  three  parcels  of  real  estate,  formerly  owned  by 
Nathaniel  Clapp,  of  Dorchester,  deceased.  The  first  parcel 
consists  of  a  lot  of  land,  with  the  mansion-house  and  build- 
ings thereon,  situated  in  said  Dorchester,  containing  two 
and  one  half  acres  and  nineteen  rods,  bounded  southeasterly 
on  the  road  leading  to  South  Boston,  northerly  on  the  road 
leading  to  Roxbury,  and  westerly  on  land  of  the  late  John 
Hawes.  The  second  parcel  consists  of  a  lot  of  land  situated 
in  said  Dorchester,  opposite  to  the  above,  containing  half  an 
acre,  bounded  northwesterly  on  the  road  leading  to  South 
Boston ;  southwesterly  by  land  of  Ebenezer  Sumner,  and 
southeasterly  by  land  of  the  late  Ebenezer  Sumner.  The 
third  parcel  consists  of  a  lot  of  land  situated  in  said  Dor- 
chester, at  Little  Neck,  so  called,  containing  twelve  and 
one-half  acres  and  thirteen  rods,  of  which  eight  acres  are 
marsh,  and  the  residue  thereof  is  upland,  bounded  easterly 
on  the  Dorchester  Turnpike,  southerly  on  the  road  leading 
to  South  Boston,  westerly  on  land  of  Ebenezer  Wales  and 
the  South  Cove  Corporation ;  northerly  on  land  of  the  Bos- 
Prmnded,  fccj }  ton  Wharf  Corporation ;  to  such  person  or  persons,  on  such 
terms,  and  with  such  guaranties  and  sureties  as  said  judge 
of  probate  shall  order  and  direct,  for  the  protection  of  the 
rights  of  said  minors,  and  the  release  of  said  Jane  Williams 
under  the  license  so  granted,  being  made  by  deed  duly  ex- 
ecuted, acknowledged  and  recorded,  shall  be  sufficient  and 
eifectual  to  convey  all  the  said  minor's  interests  in  the  above 
premises,  to  the  individual  or  individuals  to  whom  said 
release  is  given.  [Approved  by  the  Governor,  March  18, 
184.5.] 

ChaV     88  Resolves  concerning  the  Convicts  in  the  State  Prison. 

Resolved,  That  there  be  paid  out  of  the  treasury  of  the 
Allowance  of  Commonwealth,  to  the  inspectors  of  the  State  Prison,  the 
pended'b'y  iT-'  ^""^  ^^  ^"®  hundred  dollars,  to  be  expended  by  them  in  pur- 
spectors  in  chasiug  books  for  the  use  of  the  convicts  in  said  prison,  and 
books,  &c.  ^j^j^j  ^  warrant  be  drawn  accordingly. 
Distribution  of  Resolved,  That  the  books  hereby  authorized  to  be  pur- 
books,  chased,  be  distributed  among  the  convicts,  in  such  manner, 


1845. Chap.  88,  89,  90.  617 

and  under  such  regulations,  as  the  inspectors  may,  from 

time  to  time,  direct,  and  that  the  warden  be  authorized  and  Warden  to  fur- 

I  r-         •   1        .  I      T    1  -11  11      nish  lights,  &c, 

required  to  furnish  the  convicts  such  lights  as  will  enable 
them  to  read  until  nine  o'clock  in  the  evening.  [Approved 
by  the  Governor,  March  IS,  1845.] 

Kesolve  on  the  Petition  of  Jane  Hunt.  Chctt)    89 

Resolved,  for  the  reasons  set  forth  in  said  petition,  that 
the  Commonwealth  hereby  releases  to  the  said  Jane  Hunt,  Release  of 
all  its  right,  title  and   interest,  in  and  to  a  lot  of  land  in  weaith'Tciaim 
Roxbury,  in  the  County  of  Norfolk,  containing  by  estimation  to  land  in  Rox- 
about  two  acres,  lying  on  the  westerly  side  of  the  Norfolk  ^'^^^' 
and  Bristol  Turnpike,  more  fully  described  in  the  deed  of 
Isaac  Curtis,  of  said  Roxbury,  to  said  Jane  Hunt,  dated  on 
the  eighteenth  day  of  July,  eighteen  hundred  and  thirty- 
eight,  and  recorded  in  the  registry  of  deeds  for  said  county 
of  Norfolk,  book  20,  folio  41 ;  and  the  said  Jane  Hunt  is 
hereby  authorized  to  convey   the  same,  in  fee  simple  or 
otherwise,  free  from  all  claim  on  the  part  of  this  Common- 
wealth :  provided,  that  no  legal  rights,  other  than  those  oi  Promdtd,  !i,c. 
this  Commonwealth,  shall  be  affected  by  this  resolve.     [Ap- 
proved by  the  Gocernor,  March  IS,  1845.] 

Resolves  concerning  the  State  Lunatic  Hospital.  CJlQ'Dt  90. 

Resolved,  That  the  trustees  of  the  State  Lunatic  Hospital 
be,  and  they  hereby  are  authorized,  to  appropriate  from  the  Trustees  may 
unexpended  balance  of  funds  of  the  hospital,  which  are  ap-  &c'^'^for  fintsb- 
plicable  to  its  current  expenses,   v^^hatever  sum,  in  their  ing  buildings, 
judgment,  the  interests  of  the  hospital  may  require,  for  the  ^'^■'' 
finishing  and  furnishing  of  the  buildings,  now  in  process  of 
erection  ;  and  also,  for  the  purchase  of  a  certain  lot  of  land,  and  for  purchase 
adjoining  the  lands  of  the  hospital,  lately  owned  byChand-  °    ^°  ' 
ler  Smith,  deceased. 

Resolved,  That  the  trustees  aforesaid,  be,   and  they  are  Trustees  may 
hereby  authorized   to   expend,  annually,   from   the   funds  ^^p^"^.  S;^^^ 

-         ■>  .  ^  't/-i  11111  r         I       annually  III  pur- 

aforesaid,  a  sum  not  exceeding  five  hundred  dollars,  lor  the  chase  of  land, 
purchase  of  land  or  other  property,  or  for  permanent  repairs  '^«=- 
and  improvements,  which,  in  their  judgment,  will  promote 
the  interests  of  said  hospital. 

Resolved,  That,  in  making  up  the  account  for  the  support  Charges  to  be 
of  lunatic  State   paupers  at  the  State  Lunatic  Hospital,  as  "laf^e  ^y  Tr*,^. 

II  I  1  •  loi  T  TT  urer  tor  aiate 

required  by  tfie  resolves  concerning  the  State  Liunatic  Hos-  paupers, 
pital,  passed  March  thirteen,  in  the  year  one  thousand  eight 
hundred  and  forty-four,  the  treasurer  of  said  hospital  shall 
charge  for  each  State  pauper,  so  supported,  the  sum  of  two 
dollars  and  fifty  cents  per  week,  for  a  term  not  exceeding 
thirteen  weeks,  and  two  dollars  and  twenty-five  cents  per 
week  for  a  term  of  more  than  thirteen  weeks,  and  not  ex- 
ceeding twenty-six  weeks,  and  two  dollars  per  week,  for  a 
term  more  than  twenty-six  weeks,  and  less  than  one  year, 
79 


618  1845. Chap.  90,  91. 

and.  for  one  year,  the  sum  of  one  hundred  dollars,  any  thing 
in  said  resolves  to  the  contrary  notwithstanding.  [Approved 
by  the  Governor^  March  18,  1845.] 

Ohd'D    91  Resolve  on  the  Petition  of  Ebenezer  Hale. 

Resolved^  for  the  reasons  set  forth  in  said  petition,  that 
Petitioner,  &c.,  the  said  Ebeuezer  Hale,  and  Sarah  W.,  his  wife,  shall  be, 
sdf  anT^  *°  and  they  are  hereby  authorized  and  empowered,  to  sell,  at 
real  estate  in  public  or  private  Sale,  at  any  time,  at  their  discretion,  and 
Newbu7''"t  convey  the  real  estate  hereafter  described,  to  wit:  One  lot 
ew  urypor.  ^^  tract  of  land  of  about  eight  rods,  situate  in  Newbury,  in 
the  county  of  Essex,  at  the  bottom  of  Coffin's  Lane,  on  Mer- 
rimac  River,  and  adjoining  Coffin's  building,  a  ship-yard,  so 
called;  one  undivided  third  part  of  said  building  yard  and 
flats,  bounded,  northeasterly  by  Merrimac  River  and  other- 
wise, by  land  formerly  of  Stephen  Coffin;  also  two  and 
one  half  acres,  more  or  less,  adjoining  said  building  yard, 
and  bounded  northwesterly  thereby,  and  by  land  formerly 
of  said  Stephen  Coffin  ;  northeasterly  by  Merrimac  River, 
southeasterly  by  land  late  of  Thomas  Hale,  deceased,  and 
southwesterly  by  land  formerly  of  Lemuel  Coffin.  One 
other  lot,  situate  in  said  Newbury,  adjoining  said  building, 
or  ship-yard,  and  bounded  northeasterly  thereby;  south- 
easterly by  the  lot  last  above  described;  southwesterly  by  land 
formerly  of  said  Lemuel  Coffin,  and  by  land  formerly  by 
said  Stephen  Coffin,  and  northwesterly  by  land  formerly  of 
said  Stephen  Coffin,  and  by  Coffin's  Lane,  so  called.  One 
other  lot,  situate  in  said  Newbury,  containing,  by  estima- 
tion, about  seven  acres  more  or  less,  and  bounded  north- 
westerly by  Newburyport  Turnpike  :  northeasterly  by  High 
Street,  and  by  land  of  William  Moulton  and  others  ;  south- 
easterly and  southwesterly  by  a  way,  leading  from  High 
Street,  to  and  by  the  town-house  of  said  Newbury,  to  the 
turnpike  aforesaid.  One  other  lot  in  said  Newbury,  con- 
taining, by  estimation,  about  seven  acres,  more  or  less,  and 
bounded  southeasterly  by  the  said  turnpike,  southwesterly 
by  a  street  leading  from  said  turnpike  to  Pond  Street,  so 
called,  and  northwesterly  and  northeasterly  by  said  Pond 
Street  and  High  Street.  One  other  lot  in  said  Newbury, 
containing  about  six  and  one-half  acres,  by  estimation,  more 
or  less,  and  bounded  northwesterly  by  said  turnpike,  north- 
easterly by  a  way  leading  from  said  turnpike  to  High 
Street,  and  by  land  of  Mrs.  Sarah  Wills  and  others  ;  south- 
easterly by  land  late  of  Richard  Pike,  deceased,  and  others; 
and  southwesterly  by  land  of  Moses  Coffin,  Solomon  Has- 
kell, and  Oak  Hill  Cemetery,  so  called.  One  other  lot  in 
said  Newbury,  containing  about  two  acres,  more  or  less, 
and  bounded  northwesterly  by  Newburyport  Turnpike, 
northeasterly  by  Oak  Hill  Cemetery,  southeasterly  by  land 
of  said  Moses  Coffin,  and  southwesterly  by  land  of  said 


1845. Chap.  91.  619 

Haskell  and  others*  One  other  lot  in  said  Newbury,  con- 
taining about  two  hundred  and  sixty  rods  (260)  more  or 
less,  and  is  bounded  southeasterly  by  a  way,  southwesterly 
by  land  of  the  heirs  of  Joseph  Williams,  deceased ;  north- 
westerly by  West  India  Lane,  so  called,  and  northeasterly 
by  land  of  William  Bricher.  One  other  lot  in  said  New- 
bury, containing  one  acre,  more  or  less,  bounded  southeast- 
erly on  said  turnpike,  southwesterly  on  land  of  Richard 
Smith  ;  northwesterly  by  the  way  last  referred  to,  and 
northeasterly  by  land  of  James  Carey.  One  other  lot  in 
said  Newbury,  containing  about  one  hundred  and  eighty- 
three  (183)  rods,  more  or  less,  and  bounded  northeasterly 
by  land  of  the  heirs  of  Joseph  Williams,  deceased ;  south- 
easterly by  the  way  last  above-mentioned ;  southwesterly 
by  land  of  Joseph  I'itcomb;  and  northwesterly  by  land  of 
said  Titcomb,  and  by  West  India  Lane  aforesaid.  One  \ 
other  lot  in  said  Newbury,  containing  about  fifty-four  rods 
(54)  more  or  less,  and  bounded  northwesterly  by  the  way 
aforesaid,  northeasterly  by  land  formerly  of  Israel  Young; 
southeasterly  and  southwesterly  by  land  of  Richard  Smith. 
One  other  lot  in  said  Newbury,  being  an  undivided  third 
part  of  about  one  hundred  and  seventy-six  (176)  rods  more 
or  less,  and  is  bounded  northwesterly  on  South  Street, 
iiortheasterly  on  lands  of  Enoch  Gerrish  and  others ;  south- 
easterly on  land  of  said  Gerrish,  Samuel  Brookings  and 
others ;  and  southwesterly  on  lands  of  Silas  Lunt  and 
others.  Also  the  following  lots  or  parcels  of  land,  all  situate 
in  Newburyport,  county  of  Essex  aforesaid,  to  wit:  One 
lot  containing,  by  estimation,  two  acres,  and  bounded 
southwesterly  on  Merrimac  Street;  northwesterly  on  land 
of  Benjamin  Choate ;  northeasterly  on  Merrimac  River, 
and  southeasterly  on  land  of  Michael  Pearson.  One 
other  lot  containing  about  four  hundred  and  seventy, 
(470)  rods,  more  or  less ;  and  is  bounded  southeasterly,  on 
Broad  Street ;  southwesterly,  on  land  of  Tristram  Coffin 
and  others ;  northwesterly,  on  Tyng  Street,  and  northeas- 
terly, on  Merrimac  Street  and  on  land  of  Benjamin  Choate 
and  others.  Also,  six  small  lots  containing  in  all  about 
three  hundred  and  fourteen  (314)  rods,  and  all  bounded 
southeasterly  on  a  way  leading  from  High  Street  to  Low 
Street;  northwesterly,  by  land  late  of  Epraim  W.  Allen. 
One  of  said  lots  is  bounded  northeasterly  on  High  Street ; 
northwesterly,  by  land  late  of  said  Allen,  and  otherwise  on 
land  of  the  heirs  of  Daniel  R.  Pingry,  deceased;  another  of 
them  is  bounded  southwesterly  by  Low  Street,  and  north- 
easterly by  land  late  of  said  Allen  ;  another  of  them  is 
bounded  southwesterly  by  said  Allen's  land,  and  north- 
easterly by  land  of  said  Pingry  ;  and  the  others  are  bounded 
northeasterly  and  southwesterly  by  land  of  said  Pingry. 
One  other  lot  containing  about  seventy  (70)  rods,  more  or 


620  1845. Chap.  91,  92,  93. 

less,  and  bounded  northwesterly  on  Federal  Street ;  north- 
easterly, on  land  of  the  town  of  Newburyport ;  southeas- 
terly, on  land  of  James  Young  and  of  Samuel  Brookings; 
southwesterly,  by  land  of  the  heirs  of  Charles  W.  Storey, 
Solomon  Haskell  and  Nathaniel  Noyes.  Also,  one  other 
lot  bounded  northeasterly,  on  Brown's  Square,  so  called  ; 
southeasterly,  on  Green  Street ;  southwesterly,  on  land  of 
Robert  Jenkins,  and  land  of  Harrison  Johnson,  and  north- 
investment  and  westerly,  on  Titcomb  Street.  And  the  said  Ebenezer  and 
use  of  proceeds,  g^rah  Hale  shall  pay  over  the  proceeds  of  said  sales  to  the 
trustees,  appointed  by  the  last  will  and  testament  of  Moses 
Brown,  Esq.,  late  of  Newburyport,  in  the  county  of  Essex, 
deceased;  and  the  said  trustees  shall  hold  and  invest  the 
same  to  the  same  uses  and  ultimate  disposal,  as  is  provided 
in  said  will,  respecting  the  real  estate  herein  above  de- 
Provided,  <fcc.  scribcd  :  provided^  that  the  said  trustees  shall  first  give 
bonds  to  the  judge  of  probate,  for  the  county  of  Essex,  that 
they  will  faithfully  execute  the  powers,  hereby  granted  to 
them  :  provided,  also,  that  said  Ebenezer  Hale  give  bonds 
before  said  sale,  to  said  judge  of  probate  for  the  county  of 
Essex,  that  he  will  faithfully  execute  the  power,  hereby 
committed  to  him,  and  pay  over  said  proceeds  in  full  to 
said  trustees,  immediately  after  receiving  the  same.  {Ap- 
proved  by  the  Governor,  March  18,  1845.] 

L/flCip^  jZ,  Eesolve  on  the  Petition  of  Nathaniel  Hunt,  Guardian  of  the  Dudley  Indians. 
Resolved,  for  reasons  set  forth  in  the  said  petition,  that 
direction" fcc.^"^  Nathaniel  Hunt,  guardian  of  the  Dudley  Indians,  residing 
to  repair  houses  within  the  town   of  Webster,  be  hereby  authorized,  under 
in     e  ster,       ^.j^^  direction  of  the  selectmen  of  said  town,  to  proceed  in 
the  execution  of  such  repairs  upon  the  houses,  in  which  the 
Indians  live,  as   they  may  deem  necessary  to  the  preserva- 
tion of  the  same;  provided,  that  the  amount  of  money  to 
at  an  expense     be  expended  under  this  authority,  shall  not  exceed  the  sum 
«30o^*'^^*^'"^    of  five  hundred  dollars:  and,  provided  further,  that  the  ac- 
count of  the  said  Hunt,  after  being  audited  by  the  Governor 
and  Council,  shall  appear  to  be  correct.     [Approved  by  the 
Governor,  March  18,  1845.] 

CJuiO    9S  Resolve  on  the  Petition  of  Albert  Hearsey. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
Allowance  of     be  paid  out  of  the  treasury  of  the  Commonwealth,  to  Al- 
rest*'&c  of  ""  ^^^^  Hearsey  of  Quincy,  forty  dollars  for  the  arrest,  prose- 
couiterfeiter.     cutiou,  couvictiou  and  sentence  of  David  Edwards,  a  coun- 
terfeiter, and  that  the  Governor  draw  a  warrant  therefor 
accordingly.     [Approved  by  the  Governor,  March  18,  1845.] 


1845. Chap.  94,  95,  96,  97.  621 

Resolves  relating  to  the  State  Prison.  Chap.  94. 

Resolved,  That  the  Governor  with  advice  of  the  Council, 
be  authorized  to  cause  to  be  removed  the  workshops  be-  Governor,  with 
lonffin^  to  the  State  Prison,  now  standing  on  the  north  side  advice,  &c.  to 

o      o  3  o  cause  work- 

of  the  prison  yard,  and   to  erect  in  their  place  a  range  of  shops  to  be  re- 
shops,  to  be  built  of  bricks  and  stone,  and  covered  with  a  moved  and 
substantial  slated  roof,  in  conformity  to  the  plan  accompa-  ' 

nying  these  resolves  ;  and  that  he  be  further  authorized  as 
aforesaid,  to  cause  the  brick  building  belonging  to  the 
prison,  which  has  been  heretofore  used  for  the  storage  of 
goods,  to  be  converted  into  a  dwelling-house,  by  making 
such  alterations  therein,  as  may  be  necessary  for  that  pur- 
pose. 

Resolved,  That  the  alterations  and  repairs  above  author-  Under  the  su- 
ized,  be  done  under  the  supervision  of  the  Warden  and  In-  wa7den  and  in-^ 
spectors  of  the  prison,  and  that  they  be  authorized  to  em-  spectors,who 
ploy  such  convicts  in  the  execution  of  the  work  as  they  ^oYvi*cTs^  °^ 
may  deem  expedient. 

Resolved,  That  the  sum  of  three  thousand  four  hundred  Appropriation 
dollars,  in  addition  to  any  unexpended  balance  which  may  liofai',&c^ 
remain  from  the  appropriation  of  last  year,  for  the  support 
of  the  prison,  be  appropriated  from  the  funds  of  the  prison, 
for  the  purpose  of  carrying  the  foregoing  resolves  into  effect. 
[Approved  by  the  Governor,  March  18,  1845.] 

Resolve  on  the  Petition  of  Frederick  Robinson  and  others,  in  favor  of  r^i  or 

Richard  Nichols.  l^llap.  yO. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
be  paid  out  of  the  treasury  of  the  Commonwealth,  to  Rich-  Allowance  of 
ard    Nichols,  of  Charlestown,   prison  agent,    fifty  dollars,  f^  priro"nT<re"n't, 
annually,  on  the  first  day  of  April,  for  three  years,  and  ^"''  t'lree  years, 
that  the  Governor  draw  his  warrants  therefor  accordingly.     '^' 
[Approved  by  the  Governor,  March  18,  1845.] 

Resolve  on  the  Petition  of  Arad  Dcnison.  Chap.  96. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
be  paid  out  of  the  treasury  of  the  Commonwealth,  to  Arad  fj^^^'^^^^jf, 
Denison,  of  Leyden,  twenty-five  dollars  annually,  for  three  forSyeare.  ^' 
years,  and  that  the  Governor  draw  his  warrant  therefor  ac- 
cordingly.    [Approved  by  the  Governor,  March  18,  1845.] 

Resola-e  to  pay  certain  Witnesses.  ChttJ)    97 

Resolved,  That  there  be  allowed  and  paid  from  the  pub- 
lic treasury,  to  John  Quincy  Adams  Thayer,  Gilman  Gale,  Anowanceof 
Hermon  Abbott,  Eliza  R  Hemmingway,  tSarah  G.  Oagley,  ^fin'psse"'"!,^ 
Judith  Payne,  Olive  I.  Clark,  Celicia  Phillips  and  Eliza-  respecting  the 
bcth  Rowe,  the  sum  of  four  dollars  each,  in  payment  for  ^^^^"''^  system, 
their  attendance  as  witnesses  before  the  committee  to  which 
were  referred  the  several  petitions  relating  to  the  factory 


622 


1845. Chap.  97,  98,  99. 


Chap.  98. 

Clerk  of 
Senate  to  print 
1,500  copies  of 
amended  map. 


And  as  many 
more,  not  ex- 
ceeding 1,000 
copies,  for  use 
of  corporations 
defraying  the 
expense  of  the 
same. 


Chap.  99. 


Grant  of  half  a 
township  ill 
Maine,  &lc. 


400  acres  to  be 
reserved,  &:c. 


Provid'>.d,  tfcc. 


Township  to  be 
located,  &c.  by 
June  1,  1855. 


system,  and  the  hours  of  labor,  and  that  the  Governor  be 
authorized  to  draw  his  warrant  accordingly.  [Approved  by 
the  Governor,  March  20,  1845.] 

Resolves  concerning  a  Map  delineating  Rail-roads. 

Resolved,  That  the  Clerk  of  the  Senate  cause  a  repre- 
sentation of  the  several  rail-roads  which  have  been  char- 
tered since  the  publication  in  1838,  of  the  map  delineating 
rail-roads  in  New  England,  to  be  laid  down  on  the  plate  of 
said  map,  together  with  a  full  representation  of  the  towns 
through  which  said  rail-roads  pass,  or  are  intended  to  pass, 
and  that  fifteen  hundred  copies  thereof  be  printed  for  the 
use  of  the  Commonwealth  ;  and  I  hat  a  warrant  be  drawn 
for  the  payment  of  the  expenses  thereof 

Resolved,  That  the  Clerk  of  the  Senate  be  authorized  to 
have  stricken  off  from  said  plate,  such  number  of  copies  of 
said  map,  as  may  be  requested  by  the  several  rail-road  cor- 
porations :  jyrovided,  the  whole  number  shall  not  exceed 
one  thousand,  and  that  the  expense  thereof  be  defrayed  by 
the  corporations  applying  for  the  same.  [Approved  by  the 
Governor,  March  20,  1845.] 

Resolves  on  the  Petition  of  the  Trustees  of  the  Worcester  County  Manual 
Labor  High  School. 

Resolved,  That  there  be,  and  hereby  is  granted  to  the 
trustees  of  the  Worcester  County  Manual  Labor  High 
School,  in  Worcester,  their  successors  in  said  office  or  as- 
signs, for  the  sole  use  and  benefit  of  said  school,  one  half 
of  a  township  six  miles  square,  from  the  unappropriated 
lands  in  the  State  of  Maine,  which,  on  the  division  of  said 
lands,  fell  to  the  share  of  this  Commonwealth;  subject  to 
all  the  reservations  usual  in  grants  of  this  kind ;  the  same 
half  township  to  be  vested  in  said  trustees,  their  successors 
in  said  office,  and  assigns  forever,  for  the  sole  use  and  ben- 
efit of  said  school,  reserving  four  hundred  acres,  one  half 
for  the  use  of  schools,  and  the  other  half  for  the  use  of  the 
ministry  therein;  the  said  half  township  to  be  laid  out  un- 
der the  direction  of  the  Commissioners  for  the  sale  and  set- 
tlement of  eastern  lands,  or  of  the  agent  of  the  Massachu- 
setts land  office,  at  the  expense  of  said  trustees:  provided^ 
the  said  trustees,  within  five  years  from  and  after  the  lay- 
ing out  and  location  of  said  half  township,  cause  ten  fami- 
lies to  be  settled  thereon  ;  and  provided,  also,  that  said 
trustees  give  bond  to  the  Treasurer  of  this  Commonwealth, 
faithfully  to  appiy  the  proceeds  and  avails  of  said  half 
township,  to  the  sole  use  and  benefit  of  said  Worcester 
County  Manual  Labor  High  School. 

Resolved,  That  the  said  half  township  of  land  shall  be 
located  agreeably  to  the  foregoing  provisions,  within  ten 


1845. Chap.  99,  100,  lOL  623 

years  from  the  first  day  of  June  next,  otherwise  this  grant 
shall  be  void. 

Resolved^  That  no  sale  of  said  half  township  shall  be  Saietobemade 
made  by  or  on  behalf  of  said  trustees,  unless  by  the  con-  rence'oAmr'^' 
current  advice  and  consent  of  said   trustees  or  their  agent,  tees,  &c.  and 
and  the  Land  Agent  of  this  Commonwealth.     [Approved  by  '^""^  ^s^°'- 
the  Governor,  March  20,  1845.J 

Kesolves  respecting  State  Normal  Schools.  ChttJ)  100. 

Whereas,  Charles  Sumner,  R.  C.  Waterston,  G.  F.  Thay- 
er, Charles  Brooks,  and  William  Brigham,  a  committee  of 
friends  of  education,  have  presented  their  memorial  to  the 
Legislature,  praying  that  the  sum  of  five  thousand  dollars 
may  be  placed  in  the  hands  of  the  Board  of  Education,  on 
condition  that  the  said  memorialists  will  place  an  equal 
sum  in  the  hands  of  the  said  board,  to  be  appropriated  for 
defraying  the  expenses  of  providing  suitable  buildings  for 
the  Normal  Schools,  and  for  purchasing  apparatus  and  li- 
braries for  the  same  ;  therefore. 

Resolved,  That  His  Excellency  the  Governor,   by  and  Allowance  of 
with  the  advice  and  consent  of  the  Council,  be,   and  he  S5/)ooto  Board 

,  ,        .  1        •       1  T  n  11-  °*  Lducation 

hereby  is  authorized  and  requested  to  draw  his  warrant  to  provide 
upon  the  Treasurer  of  the   Commonwealth,  in  favor  of  the  !i,"'''^'"?| '°'"  , 

-r»  i^T-11  •  r         1  r   r-  i  iiii  JNormalSchools, 

Board  ot  Lducation,  lor  the  sum  oi  five  thousand  dollars,  &c. 

at  such  time  as  the  board  shall  request:  provided,  that  the  Provided, &.c. 

said  board  in   their  request  shall  certify,  that  the  above 

named  memorialists  have  placed  at  their  disposal,  the  sum 

of  five  thousand  dollars  ;  and  the  said  sums  shall  then  be 

appropriated  by  the  said  board,  for  defraying  the  expenses 

of  providing  suitable  buildings  for  the  State  Normal  Schools, 

and  for  purchasing  apparatus  and  libraries  therefor. 

Resolved,  Thai   the  Treasurer  shall  take  the  said  sum  To  be  taken 
of  five  thousand  dollars,   from  tho   capital  of  the  school  ofThe Shoof  ^* 

fund.  fund. 

Resolved,  That  the  schools  heretofore  known  as  Normal  Normal  Schools 
Schools,   shall   be   hereafter   designated   as  State   Normal  nanfe'^of  state 
Schools.     [Approved  by  the  Gove?'nor,  Ma7ch  20,  1845.]         Normal  Schools. 

Resolve  concerning  the  Transmission  of  State  Documents.  CHop  101. 

Resolved,  That  the  Secretary  of  the  Commonwealth  be, 
and  he  is  hereby  instructed,  under  the  direction  of  His  Ex-  Secretary  under 
cellency  the  Governor,  to  obtain  and  forward  books  and  to'^forward  doc- 
other  documents  containing  information  respecting  the  lite-  nments,  «&c.  to 
rary,   charitable   and  other  institutions  of  this  Common-  oUier  slates  and 
Aveahh,  as  applications  for  the  same  are  received  from  time  countries. 
to  time,  from  the  authorities  of  other  States,  or  of  foreign 
countries.     [Approved  by  the  Governor,  March  20,  1845.] 


624  1845. Chap.  102,  103,  104,  105,  106. 

rtu       1  no    Resolve  concerning  the  Boundary  Line  between  Massachusetts  and  Rhode 
C/lOp  WZ.  Island. 

Resolved,  That  the  Commissioners  appointed  to  ascer- 

Commissioners,  tain  and   establish   the   true   boundary  line   between  the 

^oy "surveyors,  States  of  Massachusetts  and  Rhode  Island,  be  hereby  au- 

&c.  thorized   to  employ  surveyors  and  such  other  persons,  as 

they  may  find  necessary,  to  carry  out  the  purposes  of  their 

commission.     [Approved  by  the  Governor,  March  20,  1845.] 

Chctp  103.  Resolve  on  the  Petition  of  Lucy  Goddard. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  there 
AHowanceof  y^Q  allowed  and  paid  out  of  the  Treasury  of  this  Common- 
*    '  wealth,  to   Lucy  Goddard,   the  sum  of  fifty  dollars ;  and 

that  a  warrant  be  drawn  accordingly.     [Approved  bi/  the 

Governor,  March  20,  1845.] 

Chat)  1 04    I^^s*^^'^  o^  t^^  Petition  of  James  Oliver,  Cashier  of  the  Lynn  Mechanics 
I  '  Bank. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  the 

Allowance  of     sum  of  three  hundred  dollars,  be  paid  out  of  the  treasury  of 

fien*tof  for?*^"  this  Commonwealth,  to  James  Oliver,  Cashier  of  the  Lynn 

feiture,&c.        Mechanics  Bank,  in  repayment  of  a  forfeiture  incurred  by 

reason  of  the  sickness  of  the  clerk  of  said  bank,  and  that 

His  Excellency  the  Governor,  is  hereby  authorized  to  draw 

his  warrant  accordingly.  [Approved  by  the  Governor,  March 

20,  1845.] 


Chap 


ifkf;  Resolves  relating  to  the  Representatives  Chamber. 

Resolved,  That  the  Sergeant  at  Arms  cause  the  seats  in 
Sergeant  at       the  representatives  chamber  to  be  re-arranged,  under  the 
ra™e  sea'ts  b'    direction  of  a  committee,  to  consist  of  the  speaker  and  four 
representatives    members  of  this  liousc  :  provided,  however,  that,  in  making 
direction  oTa^*^  sucli  arrangements,  seats  shall  be  provided  sufficient  to  ac- 
committee,  &c.  commodate  not  less  than  three  hundred  members, 
soom'ember?"      Resolved,  that  the  sum  of  five  hundred  dollars  be  appro- 
Appropriation     priatcd  for  the  above  repairs,  which  sum,  or  so  much  there- 
of ^300,&c.     of  as  may  be  necessary  to  be  expended,  and  the  accounts 
thereof,  shall  be  audited  and  paid  agreeable  to  the  provi- 
sions of  the  act  of  March  eighteenth,   one  thousand  eight 
hundred  and  forty-one,  entitled   "  An  Act  relating  to  the 
State  House."   [ApjJioved  by  the  Govei-nor,  March22,  1845.] 

f^linn  1  Dfi  Resolve  on  the  Petition  of  the  Soul  of  Soldiery. 

'  Resolved,  That  the  Adjutant  General  be  authorized  to 
Adjutant  Gen-  furnish  the  military  compauy,  known  as  the  Soul  of  Sol- 
erai  to  furnish  a  dierv,  a  Stand  of  armS;  for  the  use  of  said  company,  and 

upon  such  terms  and  conditions  as  he  may  deem  expedient. 

[Approved  by  the  Governor,  March  22,  1845.] 


1845. Chap.  107,  108,  109.  625 

Resolve  to  repeal  a  Resolve  for  the  Payment  of  the  Directors  of  the  "Western   Qfidj)  107. 
Rail-road  Corporation,  on  the  part  of  the  Commonwealth.  -^ 

Resolved,  That  the  resolve  of  April  thirteenth,  one  thou- 
sand  eight   hundred  and    thirty-seven,   providing  for  the  Repeal  of  re- 
compensation  of  the  directors  of  the  Western  Rail-road  Cor-  chap.  76.^^^^' 
poration,  be,  and  the  same  is  hereby  repealed.     [Approved 
by  the  Governor^  Mai^ch  22,  1845.] 

Resolve  on  the  Petition  of  J.  A.  Danforth.  C^hctt)  108 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
be  paid,  out  of  the  treasury  of  the  Commonwealth,  to  J.  A.  Allowance  of 
Danforth,  cashier  of  the  Wareham  Bank,  four  hundred  dol-  faTfiank'Tc" 
lars,  in  full  remission  of  the  penalty  incurred  by  him  by 
failing  to  make  the  return  of  said  bank  within  the  time 
specified,  and  that  the  Governor  draw  his  warrant  therefor 
accordingly.     [Approved  by  the  Governor,  March  22,  1845.] 


Resolve  authorizing  the  Survey  of  South  Bay  and  Charles  and  Mystic 

Rivers. 


ChaplO^. 

Resolved,  That  His  Excellency  the  Governor  be,  and  he 
hereby  is  authorized  and  requested,  with  the  advice  and  Goyemor,  with 
consent  of  the  Council,  to  appoint  one  or  more  commission-  appoint  com-° 
ers  to  take,  or  cause  to  be   taken,  as  soon  as  practicable,  missioners  for 
accurate  surveys  of  South  Bay  and  Charles  River,  Mystic  fnto^har 
River  and  pond,  above  and  beyond  the  limits  prescribed  to  bor,  &c. 
the  commissioners  heretofore  appointed  for  the  survey  of 
Boston  harbor,  under  a  resolve  passed  on  the  fifth  day  of 
March,  in  the  year  one  thousand  eight  hundred  and  thirty- 
five,  to  extend  to  the  head  of  tide  water  on  each,  and  em- 
bracing the  marshes  and  flats,  which  are  overflowed  on  the 
spring  tides  by  either,  for  the  security  of  the  said  rivers  and 
bay,  as  reservoirs  essential  to  the  continuance  and  capacity 
of  Boston  harbor,  for  commercial  purposes,  as  well  as  the 
facihties  of  inland  navigation  and  ship-building,  now  af- 
forded by  said  rivers,  or  either  of  them,  and  that  the  said 
commissioners  report  how  far  and  to  what  extent,  if  any,  Commissioners 
the  said  bay,  rivers  and  pond,  or  either  of  them,  may  be  shan  make  re- 
curtailed  or  diminished  without  endangering  the  harbor  of^*''^*'    *^"' 
Boston,   and  greatly  impairing  the  advantages  of  naviga- 
tion and  ship-building  on  said  rivers,  also  to  report  if  there 
be  any  means  whereby  the  capacity  and  beneficial  action 
of  said  reservoirs  upon  the  harbor  may  be  enlarged  and  in- 
creased.    Said   commissioners  shall  make  report  of   their 
doings,  as  soon  as  may  be,  to  the  Governor  and  Council, 
with  such  plans,  or  other  sufficient  representations  and  de-         \  -au  c 
scriptions   thereof,    as  shall  clearly   and    distinctly   show  the  Legislature! 
and  exhibit  the  same,  which  report  and  plans  shall  be  laid 
before  the  Legislature  by  the  Governor.     Said  commission-  Commissioners 
ers  shall  give  at  least  ten  days  notice,  in  three  or  more  notfcg^&c  d^* 
newspapers  published  in  Boston,  of  the  time  and  place  of  their  meeting. 
80 


626  1845. Chap.  109,  110,  111. 

their  meeting,  so  that  all  persons  interested  may  appear 

and  be  heard  in  relation  to  the  same. 
Governor, with        Resolvecl,  That  the  Governor,  with  the  advice  and  con- 
advice,  &c.  to    ggj^^  Q^  jj^g  Council,  be,   and  he  hereby  is  authorized  to 

audit  and  allow    ,  ,  .  '  '  r     i       ^  i  i 

accounts,  and  to  draw  his  Warrant  on  the  treasurer  or  the  Commonwealth, 
make  compen-    fgj.  guch  sum  or  sums  of  mouev,  not  exceedins;  in  the  whole 

s3.tioij   not  CX" 

ceeding  ^1,500.  fifteen  hundred  dollars,  as  may  be  necessary  to  carry  the 
foregoing  resolve  into  effect.  And  the  Governor  and  Coun- 
cil are  further  authorized  and  empowered  to  audit  and  allow 
the  account  of  the  commissioner,  or  commissioners,  appoint- 
ed to  make  the  foregoing  surveys  and  plans.  [Approved  by 
the  Goverjior,  March  22,  1845.] 

Chat)  110.     Resolve  for  paying,  in  part,  the  Commissioners  for  Codifying  the  Criminal 
-»  *  Laws. 

Resolved^  That  there  be  paid,  out  of  the  treasury  of  the 
Allowance  of  Commonwealth,  to  Willard  Phillips,  the  sum  of  fifteen  hun- 
*  '     ■  dred  dollars;  to  John  G.  Rogers,  the  sum  of  seven  hundred 

and  fifty  dollars ;  to  Samuel  B.  Walcott,  the  sum  of  seven 
hundred  and  fifty  dollars;  and  to  Luther  S.  Gushing,  the 
sum  of  two  hundred  and  fifty  dollars,  respectively,  in  part 
payment  for  their  services  as  commissioners  for  the  codifi- 
cation of  the  criminal  laws ;  and  that  the  Governor  draw 
his  warrant  therefor  accordingly.  [Apjjj^oved  by  the  Gov- 
ernor, March  22,  1845.J 


"ill.  Resolves  concerning  the  Treatment  of  Samuel  Hoar  by  the  State  of  South. 

Carolina. 


Chap 

Resolved,  That  the  declaration  annexed  be  adopted  as  the 

Declaration       act  of  the  Commonwealth  of  Massachusetts,  and  that  His 

a  opte  .  Excellency  the  Governor  be  hereby  authorized  to  transmit 

To  be  transmit-  one  copy  of  the  Same  to  the  President  of  the  United  States, 

lafd  b^^ore  Le-    ^"^^  ^'^^  ^'"^py  ^^  ^'^®  Govemor  of  cach  of  the  States  consti- 

gislatures.         tutmg  the  United   States  of  America,   excepting  only  the 

State  of  South  Carolina,  with  a  respectful   request  that  the 

same  be  submitted  to  the  consideration  of  the  Legislatures 

of  the  United  States  and  of  the  States  respectively. 

And  to  be  Resolved,  That  His  Excellency  the  Governor  be  hereby 

the"G^ve^rno°     authorized  to  transmit  to  the  executive  government  of  the 

of  S.Carolina.    State  of  Soutli  Carolina,   a  copy  of  the  declaration  which 

has  been  addressed  by  Massachusetts  to  each  of  the  States 

of  the  Union. 

DECLARATION. 

The  State  of  Massachusetts  now  addresses  each  of  her 
sister  States  of  the  North  American  Federal  Union,  and, 
in  the  presence  of  all  Christian  nations,  of  the  civilized 
world,  and  of  an  omniscient,  all-seeing  Deity,  the  final  Judge 
of  human  action  in  states  as  in  individuals,  enters  her  ear- 
nest and  solemn  protest  against  the  hostile  acts  of  the  State 
»of  South  Carolina. 


1845. Chap.  111.  627 

Massachusetts  thus  arraigns  South  CaroHna,  because, 
disregarding  the  comity  acknowledged  by  all  civilized  com- 
munities as  the  rule  of  conduct  towards  one  another,  and 
defying  the  express  stipulations  of  the  Constitution  of  the 
United  States,  a  compact  into  which  her  citizens  voluntarily 
entered  with  those  of  the  other  States  composing  the  Union, 
she  has,  for  a  period  of  time  now  embracing  a  quarter  of  a 
century,  persisted,  and  still  persists,  in  executing  a  system 
of  legislation,  aggressive  upon  the  rights  of  her  sister  States, 
and  has  refused  to  submit  her  action  to  be  judged  by  the 
tribunal  specified  by  that  Constitution,  as  the  arbiter  of 
their  disputes,  namely,  the  Supreme  Court  of  the  United 
States. 

This  system  of  legislation,  under  the  color  of  police  laws, 
has  been  carried  on  by  South  Carolina  until  it  has  assumed 
all  of  the  following  principles  : — 

First.  '!  bat  the  State  has  a  right  to  send  officers  on 
board  of  the  ships  of  other  Slates,  touching  at  her  ports, 
with  the  design  of  distinguishing  between  the  persons  who 
constitute  the  crew,  and  of  seizing,  at  her  sole  discretion, 
and  casting  into  prison,  such  as  she  may  specify,  without 
the  necessity  of  alleging  against  them  the  commission  of 
any  crime. 

Second.  That  the  State  has  a  right  to  inflict  corporal 
punishment,  by  the  application  of  the  lash,  to  any  extent, 
upon  the  persons  of  citizens  of  Massachusetts,  solely  be- 
cause they  may  be  found  a  second  time  in  the  ships  of  their 
own  State  touching  at  her  port. 

Third,  'i'hat  the  State  has  a  right  to  sell  into  absolute 
slavery  for  life,  himian  beings,  unoffending  persons,  free- 
men of  Massachusetts,  entitled,  by  her  Constitution  and 
laws,  to  the  fullest  security  of  life,  liberty  and  property,  as 
well  when  following  a  lawful  calhng  on  board  her  ships  as 
when  at  hom.e.  ' 

Fourth.  That  the  State  has  a  right  to  expel  from  her 
territory  citizens  of  Massachusetts  going  to  it,  for  the  sole 
purpose  of  seeking  the  peaceful  mode  of  redress  for  her  cit- 
izens which  the  Consti:ution  of  the  United  States  affords, 
an  opportunity  to  appeal  to  the  courts  of  the  Union. 

Fifth.  That  the  State  has  a  right  to  punish,  by  fine  and 
imprisonment,  any  citizen  coming  from  any  other  State, 
with  the  intention  to  question  the  validity  of  laws  wiiich 
assume  the  right  to  imprison,  to  whip,  and  to  sell  the  free- 
men of  the  latter,  without  hearing,  trial,  or  the  allegation 
of  any  crime. 

In  former  times,  as  between  independent  States,  the  as- 
sumption of  powers  far  more  circumscribed  than  these, 
would  have  been  met  by  the  resort  to  arms.  But  Massa- 
chusetts is  too  well  aware  of  her  obligations  to  endeavor  to 
seek  redress  in  any  manner  which  the  Constitution  of  the 


628  1845. Chap.  111. 

United  States  and  the  advancing  spirit  of  Christian  civili- 
zation would  alike  condemn.  She  will  not  give  loose  to  a 
spirit  of  retaliation  which  the  offence  might  well  justify, 
nor  even  indulge  in  language  of  recrimination  that  would 
ill  become  the  disposition  she  seeks  to  cultivate  towards  her 
sister  States.  It  may  be,  that,  in  the  contests  which  mark 
the  progress  of  the  nineteenth  century,  she  will  differ  from 
many  of  them  in  her  mode  of  adhering  to  principles  of  vital 
importance  to  human  liberty,  but  she  will  do  so  calmly. 
And  though  steadfast  in  the  maintenance  of  her  own  rights, 
she  will  not  seek  needlessly  to  attack  theirs.  This  earnest 
appeal  to  them  shall  not  be  soiled  with  a  single  expression 
which  would  ever  cause  a  just  regret  to  the  remotest  de- 
scendants of  her  citizens.  It  shall  claim  for  them  the  un- 
disturbed enjoyment  of  all  the  privileges  which  their  ances- 
tors braved  every  danger  to  secure;  but  that  claim  shall  be 
made  to  rest  only  upon  those  immutable  principles  of  jus- 
tice, of  freedom,  and  of  right,  which,  however  smothered 
for  a  time  by  the  force  of  local  interests  or  sectional  pas- 
sions, must  in  the  end  extort  the  assent  of  the  most  reluc- 
tant heart. 

Five  and  twenty  years  have  elapsed  since  the  date  of  the 
first  hostile  act  now  complained  of;  a  suflicient  time  for 
reason  to  resume  its  sway,  had  the  policy  been  the  offspring 
merely  of  a  momentary  alarm  and  inconsiderate  haste.  In- 
stead however  of  relaxing,  the  subsequent  legislation  has 
varied  only  in  its  severity.  It  must  now  be  assumed  as 
beyond  a  doubt,  that  South  Carolina  will  not  surrender  her 
claim  of  the  right  to  board  the  ships  of  other  States,  in 
order  to  pick  out  from  their  crews  whom  she  thinks  fit  to 
suspect  of  evil  intention,  and  to  seize  and  imprison,  perhaps 
to  whip,  and  perhaps  to  sell  into  slavery  for  life,  these  per- 
sons, if  she  so  incline,  without  being  under  the  necessity  of 
,  alleging  against  them  any  crime  beyond  that  of  their  ap- 

pearance in  those  ships  at  her  ports. 

In  the  long  list  of  offences  charged  upon  the  mother  coun- 
try, as  justifying  the  separation  of  the  Colonies,  there  is  not 
found  in  the  Declaration  of  Independence,  one,  the  arbitrary 
character  of  which,  approaches  that  of  the  acts  committed 
upon  citizens  of  friendly  States,  by  South  Carolina  under 
this  claim.  For  they  make  of  no  account  whatsoever,  the 
vital  principle  which  animated  that,  as  it  must  every  just 
struggle  of  a  people  for  freedom,  the  principle  that  no  man 
should  be  subjected  to  the  loss  of  life,  of  liberty  or  of  pro- 
perty, without  the  allegation  of  some  offence  committed, 
and  without  being  heard  in  his  defence.  When  the  repre- 
sentatives of  the  Colonies,  in  1774,  addressed  their  first 
remonstrance  to  the  people  of  Great  Britain,  they  only  de- 
clared that  "  they  held  it  essential  to  English  liberty,  that 
no  man  be  condemned  unheard,  or  punished  for  supposed 


1845. Chap.  111.  629 

offences,  without  having  an  opportunity  of  making  his  de- 
fence." The  idea  that  he  could  be  condemned  unheard, 
without  the  necessity  even  of  supposing  an  offence,  never 
occurred  to  tliem.  That  was  a  position  which  tlie  most 
extravagant  assertor  of  the  British  prerogative  would  not, 
in  the  face  of  her  history,  of  Magna  Charta,  of  the  petition 
of  right,  of  the  execution  of  Charles,  of  the  bill  of  rights 
and  the  acts  of  settlement,  have  conceived  it  possible  to 
assume. 

Had  there  been  no  peculiar  ties  of  sympathy,  long  since 
created,  to  bind  South  Carolina  and  Massachusetts  together, 
— had  they  been  merely  upon  the  footing  of  civilized  na- 
tions at  peace  with  each  other, — these  acts  of  the  former, 
and  the  principles  which  they  involve,  could  have  been  re- 
garded in  no  other  light  than  as  intended  to  provoke  hos- 
tility. And  perseverance  in  them,  after  remonstrance  on 
the  part  of  the  latter  State,  would  justify  retaliation  and 
even  war.  The  recognized  law  of  nations  is  clear,  that  an 
injury  either  done  or  threatened  to  the  perfect  rights  of  a 
nation,  or  of  any  its  members,  and  susceptible  of  no  other 
redress,  is  a  just  cause  of  war.  The  only  justification  for 
her  conduct  that  has  ever  been  attempted  by  South  Caro- 
hna,  is  the  plea  of  necessity  of  police  regulations  to  her  own 
safety.  But  this  plea,  as  opposed  to  the  rights  of  other  na- 
tions liable  to  be  affected  thereby,  however  potent,  cannot 
be  carried  to  the  extent  to  which  that  State  would  push  it. 
Massachusetts  denies  her  right  under  any  such  pretence  to 
arrogate  to  herself  a  right  of  jurisdiction  over  the  ships  of 
Massachusetts,  or  condemning  her  citizens  without  appeal, 
simply  because  they  are  following  an  innocent  and  honest 
occupation  on  board  of  those  ships  whilst  lying  in  her  har- 
bors. She  denies  her  right  under  such  pretence  to  violate, 
at  her  sole  will  and  pleasure,  the  perfect  rights  of  other  na- 
tions, or  of  any  of  their  members.  South  Carolina  may,  if 
she  think  fit  to  press  her  plea,  deprive  the  citizens  of  foreign 
States  of  certain  privileges  upon  her  soil,  which  comity 
would  grant,  but  she  surely  cannot  justly  claim  by  it,  to 
board  their  ships — to  make  distinctions  among  the  crews  of 
those  ships — to  compel  whom  she  pleases  to  enter  her  terri- 
tory against  their  will — to  imprison  them  in  her  jails — to 
force  the  commanders  to  give  bonds  to  redeem  them,  and  to 
pay  the  expenses  attending  their  involuntary  detention — to 
lash  them,  and  to  sell  them  as  slaves  for  life.  These  acts 
are  acts  of  war.  They  have  no  justification  in  the  recog- 
nized intercourse  of  Christian  or  civilized  nations  intending 
to  remain  at  peace.  They  lead  to  the  last  appeal  between 
sovereigns,  and  to  nothing  else.  For  it  is  the  indispensable 
duty  of  the  nation  thus  attacked,  in  the  persons  of  her  citi- 
zens, to  protect  them  in  every  manner  possible  in  the  enjoy- 
ment of  their  rights,  both  of  persons  and  property,  she  her- 


630  1845. Chap.  111. 

self  being  the  only  judge  whether  it  be  advisable  or  not  to 
resort  to  force.  This  is  a  fundamental  principle  of  every 
social  compact.  In  accordance  with  this  established  law 
of  government,  Great  Britain,  which  seldom  neglects  to  in- 
terpose her  arm  for  the  security  even  of  the  humblest  of  her 
citizens  in  foreign  countries,  felt  herself  called  upon  to  enter 
a  formal  complaint  against  the  extension  of  the  operation 
of  these  same  acts  of  South  Carolina,  over  her  subjects 
visiting  the  ports  of  Charleston  in  her  ships.  She  remon- 
strated, not  with  that  State,  but  with  the  government  of 
the  United  States.  She  appealed  to  it  to  maintain  the  faith 
of  its  treaties.  William  Wirt,  a  citizen  of  Virginia,  and 
afterwards  of  Maryland,  then  occupying  the  responsible 
post  of  Attorney  General  of  the  United  States,  and  entitled 
10  high  consideration  as  a  legal  authority  down  to  this  day, 
prononnced  the  complaint  well-founded,  and  the  acts  com- 
plained of,  an  infraction  of  "the  Constitution,  treaties  and 
laws  of  the  United  States,  and  incompatible  with  the  rights 
of  all  nations  in  amity  with  the  United  States."  South 
Carolina  yielded ;  but,  as  if  determined  to  show  to  the  world 
that  she  conceded  only  to  the  danger  of  an  impending  rup- 
ture, and  not  to  the  conviction  of  her  error,  she  only  sus- 
pended the  operation  of  her  acts  upon  the  citizens  of  a 
powerful  foreign  nation  ;  whilst  she  persevered  in  executing 
them  upon  her  neighbors  and  friends,  whom  it  seemed  less 
hazardous  to  wrong.  And  thus  it  is,  that  more  than  once, 
in  the  harbor  of  Charleston,  citizens  of  Massachusetts  have 
found,  on  board  of  the  ships  of  a  foreign  State,  a  refuge 
from,  oppression  by  their  fellow  countrymen,  which  their 
own  ought,  but  was  unable  to  secure  to  thorn. 

But  superinduced  upon  these  general  obligations  upon  all 
nations  to  respect  the  perfect  rights  of  each  other,  there  are 
special  ones  which  South  Carolina,  by  the  voluntary  ratifi- 
cation of  the  Constitution  of  the  United  States  as  a  common 
form  of  government,  assumed  towards  the  citizens  of  the 
other  States,  and  among  them  to  those  of  Massachusetts. 
Whatever  maybe  the  character  of  that  compact,  whether 
between  the  States  or  the  people  of  the  States,  it  should  be 
a  law  equally  imperative  in  its  character  upon  all  the  parties 
to  it.  Massachusetts  is  prepared  to  abide  by  it  as  well  in 
those  portions  which  are  onerous  to  her,  as  in  those  from 
which  she  benefits.  But  when  doing  this,  she  expects,  nay, 
she  demands,  the  same  rule  of  action  from  her  sister  States. 
She  will  never  acknowledge  the  right  of  any  one  or  more  of 
them,  under  any  plea  whatsoever,  to  set  themselves  above 
the  obligation  of  conforming  to  its  terms,  particularly  in 
those  cases  which  most  nearly  touch  the  privileges  secured 
to  her  own  citizens.  It  is  one  of  the  provisions  of  the  Con- 
stitution, that  "  the  citizens  of  each  State  shall  be  entitled 
to  all  privileges  and  immunities  of  citizens  in   the  several 


1845. Chap.  111.  631 

States."  Massachusetts  affirms  that  this  provision  has  been 
set  aside  by  the  acts  of  South  CaroHna.  She  avers  that  her 
citizens  are  not  allowed  any  privileges  and  immunities,  who 
are  seized,  cast  into  prison,  lashed  or  sold  as  slaves  for  life, 
without  a  shadow  of  crime  defined  against  them  on  her  own 
statute  book.  She  denies  that  any  thing  can  be  called  a 
privilege  or  immunity,  which  is  attended  with  so  glaring  a 
violation  of  the  right  of  personal  liberty.  She  now  solemnly 
and  before  the  face  of  Heaven  charges  upon  South  Carolina 
a  deliberate  and  palpable  breach  of  that  condition  of  the 
common  compact,  and  she  appeals  to  the  sense  of  justice 
and  of  right,  both  of  the  living  and  future  generations  to 
answer,  that  the  charge  is  true. 

But  had  South  Carolina  any  justification  to  make  of  her 
acts  beyond  the  tyrant's  plea  ;  did  she  join  issue  with  Mas- 
sachusetts upon  the  question,  who  are  the  citizens  of  each 
State  entitled  to  enjoy  the  privileges  and  immunities  referred 
to  in  the  Constitution  ;  did  she  deny  that  the  persons  whom 
she  claims  the  right  to  seize,  to  imprison,  to  whip  or  to  sell, 
without  question,  although  admitted  to  belong  to  Massachu- 
setts ships,  are  Massachusetts  citizens,  there  is  provided  for 
her,  under  the  compact  to  which  she  made  herself  a  party, 
a  grave  tribunal,  to  which,  in  the  last  resort,  every  contro- 
versy between  the  States  may  be  brought  to  a  peaceful  end. 
The  Constitution  assigns  to  the  judicial  power  of  the  United 
States  the  province  of  deciding  controversies  between  two 
or  more  States,  between  a  State  and  citizens  of  another 
State,  or  between  citizens  of  different  States.  Massachu- 
setts has  taken  every  measure  in  her  power  to  induce  South 
Carolina  to  submit  this  question  of  the  validity  of  these 
laws,  so  far  as  they  apply  lo  her  citizens,  to  that  power. 
The  great  object  expected  to  be  gained  by  the  employment 
of  a  special  agent,  was,  that  the  necessary  measures  might 
be  perfected  within  the  territory  of  South  Carolina,  where 
only  they  could  be  taken,  to  procure  an  ultimate  decision. 
If  Massachusetts  be  wrong  in  her  view  of  her  rights,  she 
has  no  reason  from  the  Constitution  of  that  final  tribunal,  to 
expect  a  scruple  of  partiality  in  her  favor,  to  weigh  in  arrest 
of  judgment.  But  whether  wrong  or  not,  she  has  offered, 
and  does  offer,  to  abide  by  the  award,  whatever  it  may  be. 
And  she  insists  upon  her  right,  under  the  obligations  of  the 
common  compact,  to  demand  the  assent  of  South  Carolina 
to  the  proposal.  It  is  one  of  the  most  solemn  considerations 
attending  this  controversy,  that  that  State  has  been  willing 
to  intrench  herself  behind  every  technical  obstacle  to  such  a 
decision  ;  that  her  citizens,  when  called  upon  professionally  to 
take  the  ordinary  steps  to  forward  it  in  the  federal  courts, 
have  all  declined  so  to  do ;  that  she  has  now  formally  pro- 
hibited them  from  accepting  any  similar  trust;  and  that  she 
has  thought  proper  to  threaten  with  personal  violence,  in 


632  1845. Chap.  111. 

order  to  deter  from  acting,  an  individual  sent  from  Massa- 
chusetts to  do  what  her  own  citizens  have  refused  to  do. 
The  evidence  necessary  to  prove  her  intent,  is  then  at  last 
complete.  It  must  be  assumed  that  South  Carolina  now 
dehberately  refuses  to  recognize  the  authority  of  the  federal 
tribunal.  She  sets  herself  above  the  restrictions  of  the  Con- 
stitution which  she  agreed  to  sustain,  and  perseveres  in  the 
execution  of  her  will  at  whatever  cost.  If  it  be  once  as- 
sumed that  the  government  of  the  United  States  has  not 
either  power  or  will  to  interpose,  it  becomes  a  grave  ques- 
tion to  consider,  whether  the  citizens  of  Massachusetts  can 
much  longer  remain  bound  by  their  obligations  to  her,  under 
the  compact.  Such  is  the  legitimate  consequence  of  the 
policy  she  has  thought  it  proper  to  pursue.  Massachusetts 
presents  this  view  to  each  of  the  States,  without  seeking  to 
encourage  any  use  of  the  unfortunate  liberty  which  it  might 
be  construed  to  give. 

It  is  true  that  once  an  attempt  was  made  in  Congress 
of  the  United  States  to  sustain  by  an  elaborate  report,  the 
position  which  South  Carolina  has  assumed,  upon  strictly 
constitutional  ground.  And  inasmuch  as  that  State,  though 
refusing  to  submit  the  argument  upon  which  it  rests  to  the 
judgment  of  the  Federal  Court,  has  taken  the  same  general 
basis  for  the  resolutions  passed  by  her  Legislature,  it  ac- 
quires a  degree  of  importance,  which  may  bring  it  within 
the  notice  of  Massachusetts.  The  argument  is,  that  in  the 
clause  of  the  Constitution  granting  to  "the  citizens  of  each 
State  all  privileges  and  immunities  of  citizens  in  the  several 
States,"  South  Carolina  is  bound  to  extend  to  fhem  only 
the  same  degree  of  privilege  and  immunity  that  she  does  to 
her  own  population  at  home  "under  the  like  circumstan- 
ces." Hence  it  must  follow,  that  if  she  retains  to  herself 
the  right  to  seize,  imprison,  lash  and  sell  as  slaves  for  life, 
without  charging  the  commission  of  any  crime,  or  giving 
them  any  hearing,  any  part  of  her  freemen,  she  may  con- 
stitutionally claim  to  exercise  the  same  power  over  the 
freemen  of  other  States  "under  the  like  circumstances." 
With  all  the  inhumanity  that  ordinarily  attends  a  code  of 
slave  laws,  there  will  scarcely  be  found  in  them  any  au- 
thority for  such  a  proposition  as  this,  and  if  there  were,  its 
publication  in  the  face  of  the  Christian  world,  would  at 
once  be  its  condemnation.  No.  Free  negroes  are  safe  from 
personal  harm  even  in  South  Carolina,  so  long  as  they  obey 
the  laws  and  commit  no  offence.  But  the  free  negroes  of 
Massachusetts  are  liable,  whenever  they  come  into  the  har- 
bors of  Carolina  in  the  vessels  of  Massachusetts,  to  be 
seized,  cast  into  prison,  whipped  and  sold  for  slaves,  not- 
withstanding that  they  may  manifest  no  disposition  what- 
ever to  touch  her  soil,  or  to  commit  the  smallest  act  likely 
to  draw  down  upon  them  a  suspicion.     Are  then  the  cases 


1845. Chap.  111.  633 

parallel  even  upon  the  reasoning  presented,  and  does  South 
Carolina,  by  her  own  construction  of  the  Constitution,  ex- 
tend to  the  citizens  of  each  State  all  privileges  and  immu- 
nities which  she  grants  to  her  own  "under  the  like  circum- 
stances" ? 

But  the  construction  admitted  for  the  sake  of  the  argu- 
ment, when  analyzed,  is  proved  fallacious  to  the  last  de- 
gree. It  has  been  made  to  rest  upon  a  definition  of  citizen- 
ship nowhere  found  in  the  numerous  works  upon  govern- 
ment which  have  usually  been  recognized  as  authority 
during  the  last  century,  but  drawn  from  a  judicial  opinion 
of  a  court  in  the  State  of  Kentucky.  It  is  due  to  the  present 
question  to  quote  it  entire  as  it  stands  in  the  original  de- 
fence. 

"  The  term  citizen  is  derived  from  the  Latin  word  civis, 
and,  in  its  primary  sense,  signifies  one  who  is  vested  with 
the  freedom  and  privileges  of  a  city.  If  we  go  back  to 
Rome,  whence  the  term  citizen  had  its  origin,  we  shall  find, 
in  the  illustrious  period  of  her  republic,  that  citizens  were 
the  highest  class  of  subjects  to  whom  the  jus  civitatis  be- 
longed, and  that  the  jus  civitatis  conferred  upon  those  who 
were  in  possession  of  it  all  rights  and  privileges,  civil,  polit- 
ical, and  religious.  When  the  term  came  to  be  applied  to 
the  inhabitants  of  a  State,  it  necessarily  carried  with  it,  the 
same  signification,  with  reference  to  the  privileges  of  a  city; 
and  it  is  in  this  sense  that  the  term  citizen  is  believed  to  be 
generally,  if  not  universally,  understood  in  the  United 
States.  This,  indeed,  evidently  appears  to  be  the  sense  in 
which  the  term  is  used  in  the  clause  of  the  Constitution 
which  is  under  consideration;  for  the  terms  "privileges 
and  immunities,"  which  are  expressive  of  the  object  intend- 
ed to  be  secured  to  the  citizens  of  each  State  in  every  other, 
plainly  import,  according  to  the  best  usages  of  our  lan- 
guage, something  more  than  those  ordinary  rights  of  per- 
sonal security  and  property,  which,  by  the  courtesy  of  all 
civilized  nations,  are  extended  to  the  citizens  or  subjects  of 
other  countries  while  they  reside  among  them.  No  one 
can,  therefore,  in  the  correct  sense  of  the  term,  be  a  citizen 
of  the  State  who  is  not  entitled,  upon  the  terms  prescribed 
by  tiie  institutions  of  the  State,  to  all  the  rights  and  privi- 
leges conferred  by  those  institutions  upon  the  highest  class 
of  society,"  &c. 

Upon  a  similar  idea  of  citizenship.  South  Carolina  rests 
the  declaration  made  by  her  government  on  the  sixth  of 
December,  184d,  in  these  words: 

"  Resolved^  That  free  negroes  and  persons  of  color  are  not 
citizens  of  the  United  States  w'lXhm  the  meaning  of  the  Con- 
stitution, which  confers  upon  the  citizens  of  one  State,  the 
privileges  and  immunities  of  citizens  in  the  sev^eral  States." 

Massachusetts  takes  issue  before  the  world  with  South 
81 


634  1845 Chap.  111. 

Carolina  upon  this  position.  She  maintains  the  definition 
to  be  false,  the  conclusion  from  it  to  be  dangerous,  and  the 
resolve  which  rests  upon  it,  to  be  an  essential  perversion  of 
the  terms  of  the  Constitution  which  it  purports  to  quote. 

Had  the  Kentucky  court  turned  to  the  preamble  of  that 
Constitution  under  which  it  acted,  in  these  words  :  ''  We, 
the  representatives  of  the  people  of  the  State  of  Kentucky, 
in  convention  assembled  to  secure  to  all  the  citizens  thereof, 
the  enjoyment  of  the  right  of  life,  liberty  and  property,  and 
of  pursuing  happiness,  do  ordain  this  Constitution,"  &c. — 
would  it  then  have  ventured  to  maintain,  in  the  face  of  the 
republican  people  of  that  State,  that  they  meant  to  secure 
the  advantages  spoken  of  only  to  "  the  highest  class  of  their 
society"  ? 

Did  it  mean  to  infer  that,  because  there  may  be  free  per- 
sons in  a  State  who  do  not  enjoy  all  the  privileges  and  im- 
munities conferred  upon  the  highest  class  of  her  society, 
they  are  not  citizens,  and  are  therefore  entitled  to  claim 
none  at  all?  Hence,  that  the  State  in  which  they  live,  may 
at  pleasure  seize,  imprison,  order  to  be  beaten  with  a  lash, 
or  sold  into  slavery  for  life,  all  such  free  persons,  without 
the  necessity  of  alleging  against  them  the  commission  of 
any  crime  7 

The  court  of  Kentucky  obviously  meant  to  justify  no 
such  inference.  It  construes  the  terms  "privileges  and 
immunities"  in  the  Constitution  "to import  something ??iore 
than  ordinary  rights  of  personal  security  and  property 
which  the  courtesy  of  all  civilized  nations  extends  to  the 
subjects  or  citizens  of  other  States."  But  if  this  be  at  once 
admitted,  how  comes  it  that  South  Carolina  can  draw  from 
it  any  justification  in  depriving  Avhom  she  may  think  fit 
from  other  States,  even  of  those  "ordinary  rights  which 
the  courtesy  of  all  civilized  nations  would  extend  to  them"? 
The  definition  then  seems  to  presume  something  more  to  be 
secured  than  the  absolute  rights  of  strangers,  "  subjects  or 
citizens  of  other  States."  The  conclusion  drawn  from  it, 
not  merely  gives  them  something  less,  but  utterly  denies 
them  any  rights  whatever.  The  result  of  the  whole  would 
seem  to  be,  that  a  portion  of  the  people  of  Massachusetts 
or  the  other  States  of  the  Union,  instead  of  gaining  any  new 
"  privileges  and  immunities"  by  the  adoption  of  the  federal 
Constitution,  must  have  been  actually  deprived  by  it  of 
those  which  they  would  have  had  without  it. 

But  Massachusetts  has  learned  the  doctrines  of  liberty  in 
no  such  schools  as  these.  She  claims  to  be  a  republic,  and 
not  an  aristocracy.  Her  Constitution,  formed  in  the  midst 
of  the  fiery  trial  of  the  Revohition,  breathes  the  spirit  of 
the  fathers  of  her  freedom.  It  declares  "  all  men  born  free 
and  equal,  and  having  certain  natural,  essential  and  una- 
henable  rights."     The  seventh  article  of  her  Declaration 


1845. Chap.  111.  635 

of  principles  affirms,  "  government  to  be  instituted  for  the 
common  good ;  for  the  protection,  safety,  prosperity  and 
happiness  of  the  people,  and  not  for  the  profit,  honor,  or 
private  interest  of  any  one  man,  family,  or  any  one  class  of 
men/'  The  tenth  says  that  "  each  individual  of  the  society 
has  a  right  to  be  protected  by  it,  in  the  enjoyment  of  his 
life,  liberty  and  property,  according  to  the  standing  laws. 
He  is  obliged,  consequently,  to  contribute  his  share  to  the 
expense  of  this  protection  ;  to  give  his  personal  service,  or 
an  equivalent,  when  necessary."  There  is  not  a  word  in 
it  about  "  the  highest  class  of  society."  Citizenship,  ac- 
cording to  it,  embraces  all  the  members  of  the  social  system, 
who,  while  contributing  to  its  burdens,  earn  the  right  to  its 
protection.  The  duty  of  the  State  is  imperative  to  shield 
against  wrong  the  humblest  of  its  members  not  less  than 
the  proudest.  So  far  as  her  Constitution  is  concerned,  she 
recognizes  no  distinction  of  rights  between  the  two. 

It  is  not  then  as  "  citizens  of  the  United  States,"  as  the 
State  of  South  Carolina  pretends,  but  because^they  are  citi- 
zens of  Massachusetts,  that  this  State  claims  the  guaranty 
of  the  Constitution  of  the  United  States  to  protect  her  peo- 
ple against  wrong  in  the  harbors  of  Carolina.  That  instru- 
ment explicitly  enough  says,  that  "  the  citizens  of  each 
State,''^  not  the  citizens  of  the  United  States,  for  there  are 
no  such  persons  qualified  to  make  the  claim,  excepting  as 
they  are  primarily  citizens  of  some  smaller  body  politic, 
"  shall  be  entitled  to  all  privileges  and  immunities,"  not  to 
the  privileges,  as  the  resolve  of  South  Carolina  states  it, 
"  of  citizens  in  the  several  States."  The  citizens  of  Mas- 
sachusetts are  entitled  in  South  Carolina  to  all  the  privile- 
ges which  citizens  of  South  Carolina  themselves  enjoy. 
What  the  precise  extent  of  those  privileges  are,  it  is  unne- 
cessary here  to  inquire,  so  long  as  it  must  be  conceded  that 
they  cover  immunity  from  gross  wrongs.  So  long  as  South 
Carolina  arrogates  the  right  of  seizing,  imprisoning,  whip- 
ping and  selling  as  slaves  for  life,  any  member  of  the  social 
system  of  Massachusetts,  without  cause  assigned,  hearing 
or  trial,  just  so  long  is  that  immunity  referred  to  in  the 
Constitution  wholly  set  at  nought.  Neither  is  it  material 
to  the  question  what  the  social  position  of  the  oppressed 
persons  may  be  in  Massachusetts.  They  do  unquestiona- 
bly every  year  exercise  the  privilege  of  voting,  conceded  to 
all  citizens ;  but  if  they  did  not  enjoy  it,  they  would  be  in 
no  worse  position  than  are  all  women  or  children  under 
twenty-one  years  of  age.  On  this,  or  any  similar  score,  it 
is  not  within  the  competency  of  South  Carolina  to  make 
arbitrary  distinctions  among  her  people.  It  is  enough  that 
they  are  human  beings,  endowed  by  the  Deity  with  "  cer- 
tain natural,  essential,  unalienable  rights,  among  which 
may  be  reckoned  the  right  of  enjoying  and  defending  their 


636  1845. Chap.  111. 

lives  and  liberties."  Massachusetts  contracted  for  their 
security  under  the  guaranty  of  the  Constitution  of  the 
United  States,  and  South  Carolina  has  broken  the  contract 
by  setting  it  aside. 

The  principle  which  South  Carolina  has  assumed,  goes  to 
this  length,  that  she  denies  the  right  of  other  States  to  de- 
cide for  themselves,  who  are  or  are  not  their  own  citizens. 
She  claims  the  power  to  distinguish  between  them,  to  ex- 
clude from  the  title  whom  she  sees  fit,  and  to  take  from 
these,  at  will,  all  rights,  privileges  and  immunities,  except- 
ing perhaps  the  right  of  life.  If  this  construction  of  the 
clause  in  the  Constitution  be  for  a  moment  conceded  to  be 
correct,  then  has  every  State  in  the  Union  the  same  right 
to  specify  and  limit  the  class  of  persons  in  other  States, 
whom  she  will  recognize  as  entitled  to  privileges  and  immu- 
nities of  citizens  within  her  borders.  Massachusetts,  for 
example,  might  with  as  much  reason  decide  that  none  but 
the  free  negro  of  South  Carolina  should  be  considered  by 
her  as  a  citizen  of  that  State,  entitled  to  the  privileges  and 
immunities  of  citizens,  within  her  limits,  as  South  Carolina 
does  that  none  but  the  white  man  of  Massachusetts  should 
be  so  regarded  within  hers.  The  power  and  right  of  one 
State  to  make  such  a  decision  is  co-extensive  with  that  of 
the  other  to  make  an  opposite  one.  Both  make  the  guar- 
anty of  the  Federal  Constitution  void  and  of  no  effect. 
Both  vest  the  power  of  making  vexatious  distinctions  and 
preferences  in  the  very  hands  ont  of  which  that  instrument 
obviously  intended  for  the  sake  of  the  general  peace  to  take 
it.  Massachusetts  has  not,  on  her  part,  ever  claimed  any 
similar  right.  She  submits  to  be  bound  by  the  paramount 
obligation  of  the  common  compact,  but  at  the  same  time 
she  requires  that  other  States  in  the  same  position,  will 
equally  submit,  and  she  demands  that  the  State  which  de- 
nies that  obligation  in  points  onerous  to  herself,  should 
cease  to  urge  the  performance  by  the  rest  of  those  condi- 
tions by  which  she  only  is  to  be  benefited. 

But  not  content  with  a  simple  refusal  to  acknowledge  the 
validity  of  any  rule  of  reciprocity  between  States,  whether 
that  rule  be  laid  down  by  the  general  law  of  nations,  or  by 
the  special  conditions  of  a  written  contract.  South  Carolina 
has  thought  it  becoming  her  character  as  a  civilized  com- 
munity, to  vent  her  indignation  upon  one  respectable  citizen 
of  Massachusetts,  who  ventured  to  undertake  the  simple 
duty  of  entering  her  territory  for  the  purpose  of  forwarding 
the  necessary  legal  measures  to  obtain  an  adjudication  of 
this  controversy  in  the  Federal  Courts.  She  has  chosen  to 
order  his  expulsion  from  her  territory,  and  to  accompany 
her  order,  with  a  wilful  misrepresentation  of  the  character 
in  which  he  came.  She  has  chosen  to  afiix  penalties  to  the 
attempted    performance   of    any    similar    trust    hereafter. 


1845. Chap.  111.  637 

These  are  facts  which  the  laws  and  recorded  resolutions  of 
her  Legislature  place  beyond  the  reach  of  denial.  Massa- 
chusetts will  notice  them  in  this  connexion  only,  that  the 
sketch  of  the  principles  and  policy  of  that  State  may  be 
made  more  complete.  One  purpose  for  which  Mr.  Hoar 
was  sent  to  South  Carolina,  was  to  test  the  disposition  of 
that  State  to  submit  to  the  conditions  of  the  Constitution  of 
the  United  States;  and  it  has  been  fully  answered.  In 
other  respects,  the  action  that  has  been  had  upon  the  agent 
is  of  no  material  consequence.  The  dignity  of  Massachu- 
setts can  never  be  tarnished  by  a  simple  and  rigid  adher- 
ence to  the  line  of  her  positive  duties.  Neither  could  it  be 
heightened  by  retorting  acts  or  words  of  impotent  violence, 
for  an  equally  impotent  insult. 

There  remains,  however,  one  more  duty  to  be  performed, 
However  confident  Massachusetts  may  be  that  her  preced- 
ing course  has  been,  in  every  respect,  justifiable  in  this 
controversy,  yet  a  decent  respect  for  the  opinions  of  man- 
kind would  seem  to  require  a  brief  recapitulation  of  her 
several  acts,  in  order  that  a  full  and  clear  judgment  may  be 
formed  as  to  the  question,  which  of  the  two  governments 
most  nearly  follows  the  line  that  Christian  principles  and 
the  courtesy  of  modern  civilization  would  prescribe. 

If  there  be  any  force  in  the  concurring  sentiments  of  all 
authorities  upon  the  nature  and  end  of  government,  there 
is  no  principle  more  clear  than  this,  that  it  is  the  indispen- 
sable duty  of  a  State  to  do  every  thing  within  its  power 
that  may  protect  its  members  against  wrong.  This  is.  a 
fundamental  principle  of  the  social  compact.  Massachu- 
setts could  never  disregard  it  with  impunity  to  her  reputa- 
tion, so  long  as  a  path  of  living  light  is  marked  out  for  her 
in  the  first  part  of  her  own  Constitution.  Founded  upon 
the  basis  of  equal  rights  among  the  members  of  her  society, 
it  was  not  for  her  to  be  outdone  in  earnestness  for  tiieir  de- 
fence against  oppression  by  the  government  of  a  monarchy 
which  acknowledges  no  such  equality.  Yet  Great  Britain 
had  remonstrated  against  the  oppressive  character  of  the 
laws  of  South  Carolina  upon  her  subjects,  long  before  Mas- 
sachusetts did,  and,  what  is  more,  she  obtained  a  suspen- 
sion of  their  operation  upon  them,  which  Massachusetts 
has  failed  to  do.  What  the  cause  of  the  difference  in  the 
treatment  of  the  two  States  could  have  been  is  difficult  at 
this  time  to  point  out.  It  may  have  been  owing  to  the  con- 
ciliatory temper  of  the  latter,  which  induced  her  to  bear 
for  a  time  in  silence  rather  than  to  hazard  a  dispute  with 
a  sister  State.  The  citizens  of  the  State  whose  rights  were 
attacked,  early  remonstrated,  and  were  only  deJerred  from 
pursuing  the  question  in  the  Federal  Courts  by  the  remon- 
strances of  a  judge  of  those  courts,  who  assured  them  that 
the  evil  complained  of,  was  only  temporary  in  its  character, 


638  1845. Chap.  111. 

and  would  be  remedied  by  the  voluntary  act  of  the  State 
courts  themselves.  Such  was  not,  however,  the  result. 
Those  courts,  when  appealed  to,  sustained  the  validity  of 
the  laws,  and  technical  obstacles  defeated  a  decision  by 
that  of  the  United  States.  But  William  Johnson,  himself 
a  native  and  citizen  of  South  Carolina,  and  then  the  judge 
of  the  Supreme  Court  of  the  Union,  already  alluded  to, 
did  not  hesitate,  upon  the  general  merits  of  the  question,  to 
pronounce  the  decided  opinion  that  the  acts  complained  of 
"  trampled  on  the  Constitution,"  and  "  implied  a  direct  at- 
tack upon  the  sovereignty  of  the  United  States." 

So  long  as  sentiments  like  these  could  be  heard  and  toler- 
ated in  the  heart  of  Carolina  itself,  as  expressed  by  distin- 
guished jurists,  there  was  reason  to  hope  that  these  acts, 
originally  the  offspring  of  fear,  whose  ears  are  always  deaf 
to  the  calls  of  humanity  or  justice,  would  pass  away  with 
the  memory  of  the  events  that  occasioned  them.  But  four- 
teen years  elapsed.  The  judge,  who  had  been  so  candid  in 
expressing  his  convictions,  was  removed  from  the  sphere  of 
human  action,  and  left  no  echo  of  his  voice  behind  him. 
And  the  apparent  success  of  Carolina  in  maintaining  her 
policy,  tempted  many  of  her  sister  States  to  follow  her  ex- 
ample. A  few  of  them,  whilst  adopting  her  system,  were 
careful  to  avoid  her  errors.  Others  were  less  regardful. 
But  it  is  of  the  States  of  South  Carolina  and  Louisiana  that 
Massachusetts  has  the  most  cause  to  complain,  because  it  is 
to  the  ports  of  Charleston  and  New  Orleans  that  her  ships 
and  citizens  most  resort.  Yet,  notwithstanding  that  ag- 
gravated cases  of  wrong,  endured  by  them,  were  occurring 
every  year,  it  was  not  until  1836  that  petitions  were  ad- 
dressed to  the  Legislature  invoking  the  interposition  of  the 
State.  Even  then  the  great  anxiety  to  avoid  any  unpleas- 
ant collision  with  her  sister  States,  led  her  to  postpone  action 
upon  them  for  three  years  or  more.  But  her  duty  was  not 
the  less  distinctly  laid  down  before  her,  and  seeing  that  the 
perseverance  of  South  Carolina  and  other  States  in  their 
aggressive  policy  was  no  longer  to  be  doubted,  she  directed 
the  following  remonstrance  to  be  recorded  upon  her  statute 
book  : 

"  Resolves  concerning  certain  laws  of  other  States,  which 
affect  the  rights  of  citizens  of  Massachusetts. 

Whereas,  under  the  laws  of  several  States  in  this  Union, 
citizens  of  this  Commonwealth,  visiting  those  States  for 
purposes  of  business,  or  driven  thither  by  misfortune,  often 
have  been,  and  continue  to  be,  though  guiltless  of  crime, 
cast  into  prison,  subjected  to  onerous  fines,  and  in  many 
instances  sgld  into  slavery  :  therefore 

Resolved^  That  it  is  a  paramount  duty  of  Massachusetts, 
to  protect  her  citizens  in  the  enjoyment  and  exercise  of  all 


1845. Chap.  111.  639 

the  rights  to  which,  by  virtue  of  their  citizenship,  they  are 
entitled. 

Resolved^  That  this  Legislature  hereby  protests  against 
the  laws  in  question,  as  invading  the  sacred  rights  of  citi- 
zens of  this  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  shall  be  made  to  appear,  to  his  satisfaction,  that  a  citizen 
of  this  Common weahh  is  imprisoned  in  another  of  the  Unit- 
ed States,  on  suspicion  of  being  a  slave,  is  hereby  authorized 
to  employ  a  suitable  person,  whose  duty  it  shall  be  to  pro- 
cure the  requisite  proofs  in  the  case,  to  proceed,  if  necessary 
in  the  opinion  of  the  Governor,  to  the  State  where  the  indi- 
vidual is  so  imprisoned,  to  lay  the  matter  before  the  proper 
authorities,  and  having  obtained  the  release  of  the  said  in- 
dividual, to  bring  or  cause  him  to  be  brought  to  a  place  of 
safety;  and  His  Excellency  is  hereby  empowered  to  draw 
his  warrant  on  the  treasury  of  this  Commonwealth,  to  de- 
fray the  expense  thereof. 

Resolved,  That  His  Excellency  the  Governor  be  requested 
to  transmit  a  copy  of  these  resolves  to  the  executives  of  the 
several  States  of  this  Union,  and  to  each  of  our  senators 
and  representatives  in  the  Twenty-Sixth  Congress  of  the 
United  States." 

Such  was  the  first  declaration  of  Massachusetts  upon  this 
subject.  It  recognized  its  own  duty, — it  calmly  and  mildly 
remonstrated  against  the  acts  of  other  States,  so  far,  and  so 
far  only,  as  they  injuriously  affected  the  undeniable  rights 
of  its  own  citizens;  it  authorized  measures  to  be  taken  to 
relieve  the  sufterers.  Further  than  this  it  did  not  go.  It 
denounced  no  one,  it  insulted  no  one,  it  threatened  none. 
Respectful  in  language,  and  strictly  defensive  in  its  tone,  it 
rested  upon  the  hope  that  something  would  yet  be  done  by 
the  voluntary  act  of  the  offending  States  to  remedy  the 
grievances  complained  of.  And  to  the  end  that  they  might 
be  informed,  it  directed  a  transmission  of  the  remonstrance 
to  the  other  States. 

Three  years  more  were  suffered  to  pass, — a  period  of 
time  sufficient  to  test  the  effect  of  this  first  respectful  remon- 
strance. No  measure  of  relaxation  was  proposed  in  any 
quarter.  The  resolves  remained  utterly  unheeded.  In  the 
mean  time,  however,  citizens  of  Massachusetts  continued 
to  suffer  as  before.  And  it  became  manifest  that  new  mea- 
sures were  absolutely  necessary  to  prove  that  the  State  was 
not  disposed  to  surrender  without  a  struggle,  a  solemn  and 
fundamental  principle  of  her  political  faith.  The  only 
course  that  remained  open,  was  to  endeavor  to  bring  the 
question  before  the  only  tribunal  competent  to  decide  it,  the 


640  1845. Chap.  111.     . 

Supreme  Court  of  the  United  Stales.  In  the  confident  ex- 
pectation that  this  might  be  readily  accomphshed  by  simply 
assuming  responsibility  for  the  expense  of  the  suit,  the 
Legislature,  in  the  year  1842,  adopted  the  subjoined  re- 
solves. 

"  Resolves  relating  to  the  imprisonment  of  citizens  of  this 
Commonwealth  in  other  States. 

Resolved,  That  the  imprisonment  of  any  citizen  of  Mas- 
sachusetts by  the  authority  of  any  other  State  in  the  Union, 
without  the  allegation  of  the  commission  of  any  crime,  and 
solely  on  account  of  his  color,  is  a  gross  violation  of  the 
federal  Constitution  as  well  as  the  principles  of  rational 
liberty. 

Resolved,  That  whenever  His  Excellency  the  Governor 
shall'  be  applied  to  in  behalf  of  any  citizen  imprisoned  as 
aforesaid,  and  it  shall  appear  to  him,  by  a  representation 
under  oath,  made  by  any  creditable  person,  that  such  citi- 
zen so  imprisoned,  is  held  in  prison  on  account  of  his  color 
only,  it  shall  be  the  duty  of  the  Governor  forthwith,  to  take 
all  suitable  and  proper  measures  to  cause  such  citizen  to  be 
discharged  from  his  imprisonment,  and  the  legality  of  such 
imprisonment  to  be  tried  and  determined  by  the  courts  of 
the  United  States,  and  His  Excellency  the  Governor  may 
draw  his  warrant  upon  the  treasury  of  the  Commonwealth 
to  defray  any  reasonable  and  necessary  expenses  thereby 
incurred. 

Resolved,  That  His  Excellency  the  Governor  be  requested 
to  transmit  a  copy  of  these  resolves  to  the  Governors  of  the 
several  States  to  be  communicated  to  the  Legislatures 
thereof" 

The  hopes  excited  by  the  adoption  of  this  measure,  that 
the  question  of  the  validity  of  these  laws  might  be  carried 
lip  to  the  federal  court  for  adjudication,  proved  vain,  for  the 
reason  that  the  sufferers  under  them  could  not  hope  for  any 
aid  upon  the  spot,  to  make  themselves  heard  in  Massachu- 
setts through  the  bars  of  their  prison-house.  Those  of  them 
who  were  fortunate  enough  to  be  attached  to  ships,  prefer- 
red to  follow  them  rather  than  to  run  the  risk  of  being  de- 
tained to  await  the  result  of  a  difficult  suit,  without  any 
protection  from  the  laws  of  the  State  in  which  they  were, 
and  those  who  were  not  so  fortunate  were  scarcely  likely 
to  be  ever  heard  of  again  as  freemen,  to  make  any  com- 
plaint whatsoever.  It  soon  became  clear  that  another  eifort 
was  necessary  of  a  different  kind.  And  still  obeying  the 
clear  obligations  of  her  Constitution,  Massachusetts  once 
more  went  forward  in  the  cause  of  the  defence  of  her  citi- 
zens. Upon  the  petition  of  a  large  number  of  most  respect- 
able citizens,  that  a  new  attempt  might  be  made,  having  for 
its  object  the  employment  of  high  professional  assistance  in 
the  ports  of  Charleston  and  New  Orleans,  in  behalf  of  the 


1845. Chap.  111.  641 

sufferers,  and  for  the  sake  of  promoting  a  decision  in  the 
courts  of  the  United  States,  the  following  resolves  were 
adopted  in  1843. 

•'  Resolves  relating  to  the  imprisonment  of  citizens  of  this 
Commonwealth  in  other  States. 

Resolved,  That  the  perseverance  of  many  of  the  States  in 
the  Union,  against  all  remonstrance  on  the  part  of  Massa- 
chusetts, in  seizing  and  imprisoning  her  citizens  without 
the  allegation  of  any  crime,  is  calculated  to  weaken  the  con- 
fidence which  she  has  in  the  good  disposition  of  those  States 
to  maintain  their  engagement  to  the  Constitution  of  the 
United  States  inviolate. 

Resolved,  That  His  Excellency  the  Governor,  with  the 
advice  and  consent  of  the  Council,  be  authorized  to  employ 
an  agent  in  the  ports  of  Charleston,  in  South  Carolina,  and 
New  Orleans,  in  Louisiana,  for  a  term  of  time  not  to  exceed 
one  year,  for  the  purpose  of  collecting  and  transmitting  ac- 
curate information  respecting  the  number  and  the  names  of 
citizens  of  Massachusetts  who  have  heretofore  been,  or  may 
be,  during  the  period  of  his  engagement,  imprisoned  without 
the  allegation  of  any  crime.  The  said  agent  shall  also  be 
enabled  to  bring  and  prosecute,  with  the  aid  of  counsel,  one 
or  more  suits  in  behalf  of  any  citizens  that  may  be  so  im- 
prisoned, at  the  expense  of  Massachusetts,  for  the  purpose 
of  having  the  legality  of  such  imprisonment  tried  and  de- 
termined upon  in  the  Supreme  Court  of  the  United  States. 

Resolved,  That  His  Excellency  the  Governor  be  author- 
ized to  draw  his  warrant  to  cover  any  necessary  expenses 
incurred  in  carrying  into  effect  the  aforegoing  resolves,  after 
the  same  shall  have  been  audited  and  allowed  by  the  coun- 
cil, to  be  paid  out  of  the  public  treasury." 

The  object  of  these  resolutions  was  two-fold.  First,  to 
gather  some  facts  by  which  a  judgment  might  be  formed, 
how  extensive  the  practical  evil,  so  far  as  it  affected  citizens 
of  Massachusetts,  actually  was.  Secondly,  to  secure  the 
long-cherished  purpose  of  trying  the  question  of  the  validity 
of  these  laws  before  the  constitutional  tribunal.  In  order 
to  carry  out  the  intent  of  the  State,  the  Governor,  for  the 
time  being,  communicated  with  gentlemen  of  professional 
distinction,  residing  in  the  specified  ports,  and  solicited  them 
to  assume  the  trusts  thus  conferred.  They,  without  ex- 
ception, declined  to  act.  It  became  evident  that,  so  far  as 
citizens  were  concerned,  who  were  under  the  influence  of 
public  opinion  in  their  respective  States,  there  could  be  no 
hope  of  cooperation.  But  up  to  this  time  the  State  had  in- 
terposed no  direct  obstacle  to  the  execution  of  the  design  of 
Massachusetts,  nor  had  it  declared  its  determination  to  re- 
sist it.  One  more  opening  then  remained  which  might  lead 
to  an  amicable  result.  The  duty  of  Massachusetts  still 
82 


642  1845. Chap.  111. 

continued  imperative,  to  leave  no  act  undone  which  could 
yield  a  reasonable  hope  of  protection  to  her  people.  It  was 
therefore  determined,  that  a  citizen  of  Massachusetts  should 
be  sent  at  once,  to  take  the  necessary  measures  to  promote 
an  amicable  appeal  of  the  controversy,  to  the  highest  tribu- 
nal of  the  Union,  and  to  test  the  disposition  of  South  Caro- 
lina, to  continue  bound  by  the  terms  of  the  Constitution  of 
the  United  States.  This  was  done  by  one  further  and  last 
act  of  legislation.  In  1844,  a  new  resolve  was  passed  in 
these  words  : 

"Resolve  concerning  the  imprisonment  of  citizens  of  this 
Commonwealth  in  other  States. 

Resolved^  That  His  Excellency  the  Governor,  with  the 
advice  and  consent  of  the  Council,  be  hereby  authorized  to 
employ  an  agent  for  the  port  of  Charleston,  in  South  Caro- 
lina, and  an  agent  for  the  port  of  New  Orleans,  whose  duty 
it  shall  be  to  reside  in  said  port,  for  a  term  of  time  not  ex- 
ceeding one  year,  for  the  purposes  specified  in  the  resolves 
relating  to  this  subject,  passed  on  the  twenty-fourth  of 
March,  in  the  year  one  thousand  eight  hundred  and  forty- 
three.  And  that  His  Excellency  the  Governor  be  hereby 
authorized  to  draw  his  warrant  to  cover  any  necessary  ex- 
penses incurred  in  carrying  into  effect  this,  or  the  aforemen- 
tioned resolves,  after  the  same  shall  have  been  audited  and 
allowed  by  the  Council,  to  be  paid  out  of  the  public  trea- 
sury." 

Under  the  authority  conferred  by  this  resolve,  the  Gov- 
ernor of  the  Commonwealth  appointed  Samuel  Hoar,  a  re- 
spected citizen  of  Massachusetts,  the  agent  for  the  port  of 
Charleston,  to  perform  the  duty  specifically  assigned  him, 
and  no  more.  That  gentleman  repaired  to  Charleston,  en- 
deavored to  commence  upon  his  task,  and  simply  because 
he  attempted  so  to  do,  was  driven  by  threats  of  personal 
violence  of  a  mob  from  the  territory  of  South  Carolina. 
And  the  Legislature  of  that  State  subsequently  sanctioned 
the  act  of  the  people,  by  recording  on  her  statute  book,  an 
order  for  the  expulsion,  as  a  dangerous  emissary  of  sedition, 
of  this  single,  inoffensive,  unarmed  man.  And  the  same 
Legislature  has  passed  a  law  making  it  a  highly  penal 
offence  in  any  person,  whether  citizen  or  stranger,  ever  to 
attempt  the  like  again. 

The  pacific  object  of  Massachusetts  was  not  attained  by 
this  result,  it  is  true.  But  the  failure  was  absolutely  neces- 
sary to  be  shown  to  the  world  before  her  duty  was  entirely 
fulfilled.  It  is  now  clear,  beyond  the  possibility  of  contra- 
diction, that  South  Carolina  denies  the  authority  of  the 
Constitution  of  the  United  States,  annuls  her  obligations 
under  it  towards  one  of  her  sister  States,  and  refuses  to 
abide  even  by  the  rules  of  comity  that  govern  the  pacific 
intercourse  of  civilized  communities. 


1845. Chap.  111.  643 

And  now,  upon  a  review  of  all  the  proceedings  of  Mas- 
sachusetts, she  challenges  the  world  to  show  that  she  has 
done  any  act  in  connexion  with  this  subject  which  it  was 
not  her  indispensable  duty  to  her  citizens  to  do  for  their 
protection,  or  which  any  State  has  a  just  right  to  complain 
of  her  for  doing.  Neither  has  there  been  a  word  placed 
upon  her  statute  book  which  she  has  occasion  to  regret. 
Her  remonstrance  has  been  grave,  respectful,  reasonable. 
Her  measures  have  been  moderate,  strictly  lawful,  concilia- 
tory, in  a  spirit  of  truth  and  peace.  Questions  like  this 
must  go  into  the  history  of  the  age — they  must  be  finally 
tried  by  a  standard  which  the  passions  of  a  moment,  how- 
ever potent,  will  never  reach.  Let  posterity  decide  whether 
South  Carolina  will  be  entitled,  with  any  justice,  to  say 
thus  much. 

There  is,  however,  above  and  beyond  all  the  considera- 
tions heretofore  presented,  one  to  which  Massachusetts  now 
earnestly  invokes  the  attention  of  her  sister  States.  The 
compact  formed  between  them  all  by  the  federal  Constitu- 
tion, is  the  living  and  shining  testimony  of  the  nineteenth 
century  to  the  truth  of  the  theory  of  liberty  with  law.  She 
adjures  them  not  to  favor  any  course  of  action  which  must 
ultimately  show  it  a  solemn  lie.  She  adjures  them  not  to 
permit  a  case  of  injury  to  the  rights  of  the  people  of  any 
State  to  find  no  constitutional  mode  of  redress  whatsoever. 
If  one  of  the  States  constituting  this  Union,  assume  to  place 
herself  in  a  hostile  attitude  to  citizens  of  any  other;  if  she 
refuse  to  listen  to  respectful  remonstrance,  long  and  pa- 
tiently continued  ;  if  she  deny  the  authority  over  her  of 
clear  stipulations  in  the  contract  to  which  she  voluntarily 
consented  ;  if  she  set  herself  beyond  the  reach  of  tribunals 
specially  appointed  to  decide  upon  controversies  between 
the  States  ;  if  she  treat  with  insult  and  contumely  the  bearer 
of  a  simple  proposal  to  promote  an  adjudication  of  the  dis- 
pute, and  if  she  threaten  with  the  terrors  of  the  law  all 
persons  who  seek  to  repeat  it  hereafter,  then  is  it  plain  that, 
so  far  as  that  State  is  concerned,  the  onerous  conditions  of 
the  Constitution  have  no  longer  any  binding  power  over 
her.  The  Congress  of  the  United  States  having  tolerated 
the  doctrine  in  an  official  form,  that  "  they  have  no  means 
of  affording  relief,"  and  that  "  the  States  which  enacted 
them  are  alone  competent  to  strike  these  laws  from  their 
statute  book,"  and  the  arm  of  the  federal  judiciary  having 
been  paralyzed,  in  this  instance,  within  the  territory  of 
South  Carolina,  it  appears  plain,  if  the  general  government, 
contrary  to  its  obvious  duty,  and  to  the  neglect  of  rights 
guarantied  by  the  Constitution,  should  continue  to  sustain 
the  position  heretofore  assumed,  that  Massachusetts  and 
every  other  State  aggrieved,  will  be  denied  any  remedy  un- 


644  1845. Chap.  Ill,  112. 

less  it  be  by  throwing  herself  back  upon  the  original  inherent 
rights  of  her  citizens  to  defend  themselves.  It  becomes, 
then,  a  solemn  question  to  decide,  whether  South  Carolina, 
which  has  wilfully  and  deliberately  defeated  Massachusetts 
of  a  legitimate  use  of  one  of  the  provisions  of  the  compact, 
designed  to  3aeld  to  the  citizens  of  the  latter  that  protection 
against  wrong  which  they  have  a  right  to  demand,  has  not 
voluntarily  forfeited  all  title  to  insist  upon  the  execution  by 
the  citizens  of  Massachusetts  of  those  other  provisions  by 
which  she  peculiarly  benefits?  Massachusetts  reserves  her 
decision  upon  this  point.  Her  obligations  to  the  remaining 
States,  and  her  duties  to  herself,  forbid  her  risking,  by  any 
hasty  step,  the  hazard  of  still  greater  evils  than  those  which 
she  desires  to  remedy.  She  cheerfully  acknowledges  that 
patience  under  the  infliction  of  this  gross  and  glaring  wrong, 
is  her  present  duty,  not  towards  South  Carolina,  but  to- 
wards the  pacific  States.  But  the  same  duty  impels  her  in 
the  most  impressive  form  to  record  her  protest  against  the 
commission  of  that  wrong.  She  will  follow  no  example  of 
violence  that  may  be  set  to  her.  But  if  the  assumptions  for 
the  moment,  successfully  made  by  South  Carolina  in  this 
instance,  should  be  repeated,  and  other  States,  deluded  by 
her  example,  should  insist  upon  the  execution  of  all  the 
conditions  of  the  Constitution  advantageous  to  themselves, 
whilst  they  refuse  to  comply  with  the  less  favorable  ones, 
it  is  scarcely  necessary  for  Massachusetts  to  repeat  the  pre- 
diction of  the  learned  jurist  of  South  Carolina,  that  "re- 
taliation will  follow,"  and  all  the  other  and  worse  evils  that 
come  in  its  train.  The  most  admirable  form  of  government 
which  the  wit  and  patriotism  of  man  ever  devised  to  de- 
velope  his  energies  and  to  promote  his  happiness,  must  be- 
come the  victim  of  his  lawless  passions.  Massachusetts 
Avill  do  nothing  voluntarily  to  hasten  so  deplorable  a  result, 
or  rather  she  will  sacrifice  much  to  avert  it.  But  she  will 
do  her  duty  to  her  people,  whether  in  the  less  or  the  more 
favored  condition  of  society.  She  will  never  relax  in  her 
demand  of  all  the  rights  which  belong  to  her  as  a  State  and 
a  member  of  the  Union,  or  in  the  exertion  of  her  utmost 
energies  in  support  of  the  undying  principles  of  justice  and 
liberty  among  men,  the  base  of  her  social  edifice,  cemented 
in  the  blood  of  many  of  its  founders,  as  they  are  the  pride 
and  the  honor  of  modern  civilization.  [Appj-oved  by  the 
Governor,  March  24,  1845.] 


Resolve  in  aid  of  the  American  Institute  of  Instruction. 
Resolved,  That  there  be  paid  annually,  in  the  month  of 
Allowance  of     August,  for  the  term  of  five  succcssive  years,   to  the  direc- 
j^soo annually,    {Qj-g  of  the  American  Institute  of  Instruction,   the  sum  of 
fTveyfars!  °^     three  hundred  dollars,  and  that  warrants  be  drawn  accord- 
ingly.    {Approved  by  the  Governor,  March  24,  1845.] 


Chap  U2, 


1845. Chap.  113,  114.  645 


Resolves  in  addition  to  the  Resolves  concerning  School  District  Libraries.      ChctO  113. 
Resolved,  That  the  provisions  of  the  resolve  of  March 
third,  one  thousand  eight  hundred  and  forty-two,  be  extend-  Allowance  for 
ed  to  the  Latin  School,  English  High  School,  and  Grammar  L;Ses^ex°°' 
and  Writing  Schools  of  the  city  of  Boston,  in  such  manner  tended  to  the 
as  to  give  as  many  times  fifteen  dollars  towards  a  purchase  fo/Latin°Enff. 
of  a  library,  or  libraries,  for  said  schools,   as  the  number  lish  High, 
sixty  is  contained,  exclusive  of  fractions,  in  the  number  of  ^y^^ti'™^'^  ^""^ 
children  belonging  to  said  schools  between  the  ages  of  seven  Schools, accord- 
and  sixteen   years,  said  number  to   be  estimated  by  the  "j?  to  number  of 
mayor  of  said  city:  provided,  the  said  mayor  shall  certify,  between?  and 
to  the  treasurer  of  the  Commonwealth,  that  an  equal  sum  it;  years  old, 

^  ,T  -11  -11  ^tobe  estimated 

oi  money  has  been  raised  and  appropriated,  subsequent  to  by  the  mayor, 
the  first  day  of  January,  in   the  year  one  thousand  eight  ^'^o's  to  certify, 
hundred  and  forty-five,  for  the  same  purpose. 

Resolved,  That  the  provisions  of  the  preceding  resolve, 
and  of  the  resolves  to  which  it  is  in  addition,  be  extended  Allowance,  &c. 

6xt6nGCf!  to 

to  the  primary  and  intermediate  schools  of  the  city  of  Bos-  city  of  Boston, 
ton,  in  such  manner  as  to  give  as  many  times  fifteen  dollars  for  primary  and 

iiitcrincclicitG 

for  the  purchase  of  a  library,  or  libraries,  for  said  schools,  schools,  accord- 
as  the  number  sixty  is  contained,  exclusive  of  fractions,  in  ing^to  number  of 
the  number  of  children  belonging  to  said  schools  between  between'iaiid 
the  ages  of  four  and   seven  years,  said  number  to  be  esti-  7  years  old,  &c. 
mated  as  in  the  preceding  resolve  is  provided,  when  it  shall 
be  made  to  appear  to  the  treasurer  of  the  Commonwealth, 
by  a  certificate  of  the  mayor  of  said  city,   that  an  equal 
sum  has  been  raised  and  appropriated,  subsequent  to  the 
first  day  of  January,  in  the  year  one  thousand  eight  hun- 
dred and  forty-five,  for  the  same  purpose. 

Resolved,  That  the  apportionment,  or  distribution  of  the  Apportionment 
books,  purchased  as  above  provided  for,  shall  be  determined  °[ade°by'°  ^^ 
by  the  school  committee  of  the  city  of  Boston.  school  commit- 

Resolved,  That  these  resolves  shall  take  efiect  from  and  '^" 
after  their  passage.     [Ajrproved  by  the  Governor,  March  25,  effect" 
1845.] 

Resolve  concerning  the  Support  of  State  Lunatic  Paupers.  Chn,X)  1 14 

Resolved,  That  the  sum   to  be  allowed  to  any  county, 
city  or  town  in  this  Commonwealth,  for  the  support  of  any  Amount  of 
State  lunatic  pauper,  shall  in   no  case  exceed   two  dollars  cinTmonweaUh 
and   fifty  cents  per  week,   for   a  term  less  than    thirteen  for  the  support 
weeks  ;  two  dollars  and  twenty-five  cents  per   week,   for  "erf'^^jigj"" 
any  term  exceeding  thirteen  weeks,  and  less  than  twenty- 
six  weeks ;  two  dollars  per  week  for  any  term  exceeding 
twenty-six  weeks,  and  less  than  one  year ;  or  be  more  than 
at  the  rate  of  one  hundred  dollars  per  year,  for  any  term  of 
one  year  or  upwards  ;  and  shall,   in  no  case,   exceed  the  Never  to  exceed 
amount  actually  paid  out  and  expended  by  the  county,  ^,™°i"h' ^coun"/ 
city  or  town  claiming  compensation  for  the  support  of  each  &c. 
of  said  State  lunatic  paupers  respectively.     ^Approved  by 
the  Governor,  March  25,  1845.] 


646  1845. Chap.  115,  116,  117,  118,  119. 

Chctt)  115.  Resolve  concerning  Houses  of  Correction. 

Resolved,  That  the  overseers  of  the  several  houses  of  cor- 
Overseers,  &c.   rection  in  this  Commonwealth,  be  required  to  make  provi- 
andmabT^n      s'lou,  whenever  in  their  opinion  it  is  practicable,  forfurnish- 
Sabbath  schools  ing  and  maintaining  Sabbath  school  instruction  for  the  ben- 
for convicts, &.C,  ^^j  ^^  ^j^^  couvicts  imprisoned  in  said  houses  of  correction, 
and  that  they  be  authorized  to  receive,   for   this  purpose, 
such  aid  as  may  be  offered  by  benevolent  persons  and  as- 
sociations.    [Approved  by  the  Govei'nor,  March  25,  1845.] 

Chttt)  116         Resolve  relating  to  the  Trigonometrical  Survey  of  tiie  Commonwealth. 

Resolved,  That  the  Secretary  of  the  Commonwealth  be, 

Secretary  to      and  he  is  hereby  directed  to  cause  to  be  printed,  such  por- 

mit"^&c  taWes'  tious  of  the  tables  now  deposited   in  the  Secretary's  office, 

useful  in  laying  exhibiting  rcsults  obtained  from  the  recent  trigonometrical 

out  roads,  &c.    g^^vey  of  the  Commonwealth,  as  would  be  useful  in  laying 

out  roads,  and  in  measurements  of  towns,  and  to  transmit 

one  copy  of  the  same   to  the  clerk  of  each  city  and  town, 

and  three  copies  to  the  clerk  of  the  courts  in  each  county, 

At  an  expense    for   the  use  of  the  Couuty  Commiss'ioners :  provided,  the 

T^cT*^^*^'''"^     expense  shall  not  exceed   the  sum  of  four  hundred  dollars. 

[Approved  by  the  Governor,  March  25,  1845.] 

ChciD  117.  Resolve  on  the  Petition  of  Lattice  Davis,  "Widow  of  Thomas  Davis. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
Allowance  of  be  paid  out  of  the  treasury  of  the  Commonwealth,  to  Let- 
tfonary services  ^^^^  Davis,  of  Priucetou,  widow  of  Thomas  Davis,  of  Lan- 
caster, fifty  dollars,  for  revolutionary  services  rendered  by 
her  late  husband,  and  that  the  Governor  draw  his  warrant 
therefor  accordingly.  [Approved  by  the  Governor,  March 
25,  1845.] 

ChCLV  118.  Resolve  concerning  certain  Records  of  the  Commonwealth. 

Resolved,  That  His  Excellency  the  Governor  be  author- 
Governorau-  jzed  to  take  measurcs  to  procure  from  Great  Britain,  a  copy 
ta?n"&c. papers  ^^  ^^^^  register  of  proceedings  of  the  court  of  commission- 
relating  to  the  ers,  for  Settling  the  boundary  between  Massachusetts  and 
SlTnlTaryl  anil  i^hodc  Island,  held  in  the  year  one  thousand  seven  hundred 
missing  portions  and  forty-ouc,  and  also  a  copy  of  such  portions  of  the  re- 
of'tlwExecu-  cords  of  the  executive  council  of  the  colony  and  province 
tive  Council,  at  of  Massachusetts,  as  are  now  missing  :  provided,  that  the 
excTedtr^""^  sums  to  bc  expended  in  the  prosecution  of  the  objects  afore- 
poo.  said,  shall  not  exceed  five  hundred  dollars.     [Approved  by 

the  Governor,  March   25,  1845.] 

Chnn  1  1  Q  Resolve  on  the  Petition  of  Mary  Nelson. 

Resolved,  for  reasons  set  forth  in  said  petition,  that  said 
Trustee  au-  Mary  Nclsou,  trustee  under  the  will  of  .Jeremiah  Nelson, 
thorized  to  sell    deceased,  be,  and  she  hereby  is  empowered  to  sell  at  private 

and  convey  real  ,,.'       ,  hi         -i  t-  i-i       i       lu 

estate  in  New-   or  public  Sale,  all  the  right  and  mterest  which  she  holds  as 

bury. 


1845. Chap.  119,  120.  647 

trustee  for  Mary  B,  Nelson,  Elizabeth  M.  Nelson,  and  Jere- 
miah Nelson,  minor  children  of  Jeremiah  Nelson,  deceased, 
and  all  the  right  and  interest  of  said  minors,  in  the  follow- 
ing real  estate,  viz:  in  lots  numbered  (1)  one,  (2)  two,  (5) 
five,  (6)  six,  (7)  seven,  (8)  eight,  (9)  nine,  (10)  ten,  (11) 
eleven,  (12)  twelve,  on  the  northeasterly  side  of  Middle 
street,  in  Newbury,  in  the  county  of  Essex,  which  said  lots 
appear  numbered  as  above  on  a  plan  made  by  Anger  March, 
on  the  eighteenth  day  of  December,  in  the  year  one  thou- 
sand eight  hundred  and  nine,  and  contain  about  twenty- 
two  acres  ;  also,  the  interest  of  said  minors  in  lots  num- 
bered (13)  thirteen,  (14)  fourteen,  and  (16)  sixteen,  on  the 
northeasterly  side  of  Merrimack  street,  in  said  Newbury, 
which  said  last  named  lots  appear  numbered  as  above,  on 
the  said  plan  of  Anger  March,  and  contain  about  two  and 
one  half  acres;  also,  all  the  interest  of  said  minors  in  cer- 
tain other  lots  of  land  on  the  southwest  side  of  Middle 
street,  in  said  Newbury,  and  numbered  on  Joseph  Chapin's 
plan,  dated  twenty-second  June,  in  the  year  one  thousand 
eight  hundred  and  four,  as  follows,  viz.  (2)  two,  (3)  three, 
(10)  ten,  (11)  eleven,  (12)  twelve,  (14)  fourteen,  (15)  fif- 
teen, containing  about  twenty-two  acres ;  also,  all  the  said 
minors'  interest  in  twelve  acres  of  salt  marsh,  situate  on 
Pine  Island,  in  Newbury,  aforesaid  ;  also,  all  the  interest 
of  said  minors  in  one  hundred  and  six  rods  of  land  situate 
on  Ring's  Island,  in  Salisbury,  in  said  county  of  Essex, 
being  three  undivided  fourth  ])arts  of  each  of  said  parcels 
of  real  estate ;  and  to  make  and  execute  good  and  sufficient 
deeds  thereof,  in  fee  simple,  to  the  purchaser  or  purchasers; 
provided^  that  said  Mary  Nelson,  trustee,  shall  first  give  Prowrferf,  &c. 
bonds,  with  sufficient  surety  or  sureties  satisfactory  to  the 
judge  of  probate  for  the  county  of  Essex,  for  the  faithful 
execution  of  the  powers  herein  conferred,  and  to  invest, 
hold  and  disposaof  the  proceeds  of  said  sale,  in  the  man- 
ner most  for  the  interest  of  the  minors  above  named,  and 
under  and  according  to  the  trusts  declared  in  said  will  re- 
specting said  real  estate.  \^Apj)roved  by  the  Governor,  March 
25,  1845.] 

Resolves  for  Repairs  in  the  State  House.  ChdD  120 

Resolved,  That  the  Sergeant  at  Arms  cause  the  walls  and 
wood  work  in  the  Representatives  Hall,  to  be  painted  with  Sergeant  at 
two  or  more  coats  of  paint,  as  he  may  deem  proper,  and  &™thl°iiepre- 
such  other  repairs  to  be  made  as  may  be  found  necessary  sentatives' mil. 
therein. 

Resolved,  That  the  Secretary  of  the  Commonwealth  be  Secretary  un- 
authorized and  empowered,  whenever  the  Governor  and  ^^"^  direction, 

_,.,,,,,.  I  '  ,  .        &c.  to  repair, 

Council  shall  direct,  to  procure  new  carpets,  and  to  paint  &c.  the  Council 
the  rooms  occupied  by  the  Governor  and  Council,  and  to  Chamber,  &c. 


648 


1845. Chap.  120,  121,  122,  123,  124. 


Warrants  to  be 
drawn  for  ex- 
penses. 


Chap\2\. 

Allowance  of 
5172  to  assis- 
tant messenger 
disabled  by  an 
accident. 


Chap  122. 


Allowance  of 
^134  17. 


Chapl23. 

Allowance  to 
the  clerk  of  the 
Senate,  of  J^  10, 
to  the  assistant 
clerk  of  the 
Senate,  ^6, 
and  to  the  clerk 
of  the  House,  of 
^10,  for  each 
day  of  the  ses- 
sion, and  of 
5100  each  to 
clerks  of  Senate 
and  House,  for 
copy  of  the 
Journals. 


CAa/?124. 

Rights  of  absent 
citizens  of  Mas- 
sachusetts, un- 
der the  protec- 
tion of  the  gen- 
eral govern- 
ment; 


make  such  alterations  in  the  table  in  the  Council  Chamber, 
as  said  board  may  deem  expedient. 

Resolved,  That  the  Governor  be  authorized  to  draw  war- 
rants for  the  payment  of  the  expenses  attending  said  altera- 
tions and  repairs.  [Approved  by  the  Governor,  March  25, 
1845.] 

Resolve  in  favor  of  John  V.  Low. 
Resolved,  That  the  Governor  and  Council  are  hereby  au- 
thorized to  allow  and  pay  to  John  V.  Low,  assistant  mes- 
senger, the  full  amount  which  would  have  been  due  to  him 
for  services  during  the  present  session  of  the  Legislature, 
if  he  had  not  been  confined  by  illness  occasioned  by  an  ac- 
cident which  occurred  while  in  the  performance  of  his  offi- 
cial duties.     [Approved  by  the  Goverfior,  March  25,  1845,] 

Resolve  for  the  Payment  of  Sundry  Expenses  incurred  in  the  Examination 
of  Asahel  Huntington,  District  Attorney. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
public  treasury,  to  the  several  persons  mentioned  in  the 
subjoined  Roll,  the  sums  set  against  their  several  names 
respectively,  amounting  in  the  whole  to  the  sum  of  one 
hundred  and  thirty-four  dollars  and  seventeen  cents,  the 
same  being  in  full  discharge  of  the  account  and  demands  to 
which  they  refer,  and  that  a  warrant  be  drawn  accordingly. 
[App?-oved  by  the  Governor,  March  26,  1845.] 

Resolve  for  the  Pay  of  the  Clerks  of  the  Legislature. 
Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  this  Commonwealth,  to  the  clerk  of  the  Senate, 
the  sum  of  ten  dollars  per  day;  to  the  assistant  clerk  of  the 
Senate,  six  dollars  per  day ;  and  to  the  clerk  of  the  House 
of  Representatives,  the  sum  of  ten  dollars  per  day,  for  each 
and  every  day's  attendance  they  have  been,  or  may  be  em- 
ployed in  that  capacity,  during  the  present  session  of  the 
Legislature,  and  that  there  be  further  paid  to  the  clerk  of 
the  Senate,  and  to  the  clerk  of  the  House  of  Representa- 
tives, 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. 
[Approved  by  the  Governor,  March  26,  1845.] 

Resolves  in  relation  to  Louisiana  and  South  Carolina. 
Resolved,  That  the  personal  and  commercial  rights  of  the 
citizens  of  Massachusetts,  of  whatever  origin,  race,  or  color, 
as  secured  in  and  by  the  Constitution  and  laws  of  the  Union, 
are,  and  of  right  ought  to  be,  when  such  citizens  are  with- 
out the  limits  of  the  Commonwealth,  under  the  protection 
of  the  general  government,  and  ought,  therefore,  in  all  cases 
of  infringement  or  violation,  to  be  sustained  and  vindicated 
by  that  government. 


[1845. Chap.  124,  125.  649 

Resolved,  That,  as  the  judicial  power  of  the  United  States  and  of  the 
extends  to  all  cases  in  law  and  equity  arising  under  the  courts  thereof. 
Constitution  and  laws  of  the  Union,  every  violation  of  the 
personal  and  commercial  rights  of  the  citizens  of  Massa- 
chusetts, so  secured  by  the  Constitution  and  laws,  ought  to 
meet  with  prompt,  adequate,  and  unhesitating  redress  in 
the  courts  of  the  Union. 

Resolved,  That  the  States  of  South  Carolina  and  Louisi-  Those  ri|hts  in- 
ana,   have,  by  a  series  of  legislation,  infringed  upon   and  and^app^u'to 
violated  the  personal  and  commercial  rights  of  certain  citi-  the  courts  ob- 
zens  of  Massachusetts,   solely  on  account  of  their  origin,  s[ates^of'¥ouih 
race,  and  color,  while  pursuing  their  lawful  business  within  Carolina  and 
those  States,  and  have  made  an  appeal  to  the  federal  courts  i-°"'siana. 
for  redress  in  such  cases,  an  offence  punishable  as  an  infa- 
mous crime,  so  that  all  redress  for  such  wrongs,  in  the  fed- 
eral courts  holden  in  those  States,  has  become  wholly  im- 
practicable. 

Resolved,  therefore,  That  Massachusetts  now  demands,  as  Massachusetts 
her  clear  right,  under  the  Constitution  and  laws  of  the  United  fe^c'tion^'for^her 
States,  that  the  general  government  should  so  extend,  by  absent  citizens, 
appropriate  legislation,  the  jurisdiction  of  the  federal  courts,  |'a^ion'"of®con^'^' 
as  to  enable  them  to  embrace  and  give  redress  in  all  cases  gress. 
of  wrong  done  to  the  personal  and  commercial  rights  of  the 
citizens  of  Massachusetts,  secured  to  them  by  the  Constitu- 
tion and  laws  of  the  Union,  whenever  such  wrongs  are  per- 
petrated and  sustained  by  the  local  legislation  of  States,  in 
plain  derogation  of  the  rights,  privileges  and  immtmities, 
secured  to  citizens  of  every  State  by  the  Constitution   and 
laws  of  the  United  States. 

Resolved,  That  our  senators  and  representatives  in  Con-  Senators  and 
gress  of  the  United  States  be  requested  to  procure  such  an  Jequested^tcT^^ 
alteration  or  amendment  of  the  laws  of  the  United  States,  procure  the 
as  will  carry  into  effect  the  object  of  the  foregoing  resolves.  ^*'"®' 

Resolved,  That  His  Excellency  the  Governor  be  requested  Report  and  re- 
to  transmit  copies  of  the  foregoing  report  and  resolves,  to  the  transmitted^ &c. 
senators  and  representatives  of  this  Commonwealth,  in  the 
Congress  of  the  United  States.     {Approved  by  the  Governor, 
March  26,  1845.] 

Resolve  on  the  Petition  of  Henry  S.  Carr.  Chctp  125. 

Resolved,  for  reasons  set  forth  in  the  petition,  that  there 
be  paid  out  of  the  treasury  of  the  Commonwealth,  to  Henry  AMowanceof 
S.  Carr,  of  Newburyport,  eighty-six  dollars  and  sixty-five 
cents,  in  full  for  services  and  expenses  in  arresting  Patrick 
McDermot  and  Horace  Plummer,  and  that  the  Governor 
draw  his  warrant  therefor  accordingly.  [Approved  by  the 
Governor,  March  26,  1845.1 
83 


65  for  ar- 


rests. 


650 


1845. Chap.  126,  127,  128. 


Chap\26. 


Commanding 
officers  of  divis- 
ions, &c.,  au- 
thorized to  pre- 
sent claims  for 
cost  of  transmit- 
ting documents, 


ChaplTl, 


Insane  person 
to  be  retained 
at  the  State 
Lunatic  Hospi- 
tal, without  fur- 
ther expense  to 
the  town  of 
Carver; 

and  bond  of  said 
town  to  be  can- 
celled. 

Provided,  &,c. 


Chapl2d. 


Judge  of  pro- 
bate of  Essex, 
authorized  to 
appoint  trus- 
tee, &.C. ; 

who  may  sell 
and  release 
right  of  dower 
in  real  estate  in 
Rockport. 


Resolve  relative  to  the  Transmission  of  Military  Documents. 
Resolved,  That  the  commanding  officers  of  the  several 
divisions,  brigades,  regiments  and  battalions  of  the  militia 
of  this  Commonwealth,  be,  and  they  are  hereby  authorized 
to  present  whatever  claims  may  accrue  against  the  State 
for  money  expended  in  the  transmission  of  mihtary  docu- 
ments to  and  from  the  department  of  the  Adjutant  General, 
in  the  manner  provided  for  in  the  one  hundred  and  twenty- 
eighth  section  of  the  twelfth  chapter  of  the  Revised  Statutes, 
to  be  by  that  officer  examined,  certified  and  presented  for 
allowance  to  the  committee  of  the  Legislature  on  accounts, 
as  is  directed  in  said  section.  [App7^oved  by  the  Governor, 
March  26,  1845.] 

Resolve  respecting  James  Shurtleff. 

Whereas,  James  Shurtleff,  formerly  an  inhabitant  of  the 
town  of  Carver,  and  now  an  inmate  of  the  State  Lunatic 
Hospital,  at  Worcester,  was  discharged  by  a  resolve  of  the 
Legislature,  passed  on  the  eighteenth  of  March,  in  the  year 
one  thousand  eight  hundred  and  forty-three,  and  it  appears 
that,  by  reason  of  his  insanity,  the  trustees  deemed  it  to  be 
inexpedient  that  he  should  be  removed  therefrom,  and  that 
he  has  not  been  removed  :     Therefore, 

Resolved,  That  the  aforesaid  James  Shurtleff  shall  not 
hereafter  be  removed  from  the  State  Lunatic  Hospital,  and 
the  town  of  Carver  shall  not  be  further  liable  for  the  sup- 
port of  said  Shurtleff,  so  long  as  he  shall  remain  and  con- 
tinue to  be  an  inmate  of  said  hospital.  The  judge  of  pro- 
bate, in  and  for  the  county  of  Plymouth,  is  hereby  author- 
ized to  cancel  the  bond  given  by  the  town  of  Carver,  under 
the  resolve  aforesaid,  upon  satisfactory  evidence  that  said 
Shurtleff  is  in  the  custody  of  the  trustees  of  said  hospital ; 
provided,  that  if  the  town  of  Carver  shall,  after  the  pas- 
sage of  this  resolve,  ask  of  the  Commonwealth  the  return 
of  money  heretofore  paid  to  the  said  hospital  or  elsewhere, 
for  the  support  of  said  Shurtleff,  then  so  much  of  this  resolve 
as  exempts  said  town  from  liability  for  the  support  of  said 
Shurtleff,  shall  be  void.  [Approved  by  the  Governor,  March 
26,  1845.] 

Resolve  on  the  Petition  of  Abraham  T.  Doyle. 
Resolved,  for  reasons  set  forth  in  the  petition  of  Abraham 
T.  Doyle,  the  judge  of  probate  for  the  county  of  Essex,  is 
hereby  authorized  and  empowered  to  appoint  some  suitable 
person  as  trustee,  for  and  in  behalf  of  Rhoda  Doyle,  wife  of 
said  Abraham,  so  long  as  said  Rhoda  shall  continue  insane; 
and  said  trustee  is  empowered  to  sell  and  release  all  the 
right  of  dower  of  said  Rhoda  in  the  messuage  now  owned 
by  said  Abraham,  in  Rockport,  in  said  county,  and  to  exe- 
cute a  good  and  sufficient  deed  of  the  same;   and  receive 


1845. Chap.  128,  129,  130,  131.  651 

the  proceeds  of  the  same.  The  sum  received  as  aforesaid,  Appropriation 
by  said  trustee,  shall  be  paid  over  to  said  Abraham,  if  he  ^^°^^ 
shall,  within  six  months  from  the  passage  of  this  resolve, 
become  seized  and  possessed  in  fee  simple,  of  other  real 
estate  in  said  county,  of  equal  value  with  said  estate  at  said 
Rockport.  If  said  Abraham  shall  not  become  so  seized  and 
possessed,  as  aforesaid,  said  trustee  shall  invest  the  same 
in  such  securities  as  he  may  judge  best,  and  pay  over  to 
said  Rhoda  the  income  arising  therefrom,  during  her  natural 
life,  and  at  her  death,  said  trustee  shall  pay  over  to  said 
Abraham,  his  heirs  and  assigns,  the  balance  remaining  in 
his  hands  and  possession,  both  principal  and  interest :  pro-  Provided,  s^c. 
vided,  that  said  trustee  shall  first  give  bonds  to  the  said 
judge  of  probate,  with  sufficient  surety  or  sureties  for  the 
faithful  performance  of  the  trusts  and  duties  aforesaid. 
[Approved  by  the  Governor,  March  26,  1845.] 

Resolve  in  addition  to  a  Resolve  upon  the  Petition  of  Susan  Parkman.        CIlWD  129. 

Resolved,  That  the  bond  required  by  the  resolve  upon  the 
petition  of  Susan  Parkman,  passed  on  the  twenty-fourth  Guardian's 
day  of  February,  in  the  year  one  thousand  eight  hundred  be"giv^*'toUie'^ 
and  forty-five,  to  be  given  to  the  judge  of  probate  for  the  judge  of  probate 
county  of  Suff'olk,  may  be  given  to  the  judge  of  probate  for  o'' Middlesex, 
the   county  of   Middlesex.      [Approved  by   the   Governor, 
March  26,  1845.] 

Resolve  to  pay  sundry  Additional  Accounts.  ChttV  130 

Resolved,  That  there  be  allowed  and  paid  out  of  the  pub- 
lic treasury,  to  the  several  persons  mentioned  in  the  above  Allowance  of 
Roll,  the  sums  set  against  their  several  names  respectively,  ^^^2^^- 
amounting  in  the  whole  to  one  hundred  and  twenty-two 
dollars  and  fifty-five  cents,  the  same  being  in  full  discharge 
of  the  accounts  and  demands  to  which  they  refer,  and  that 
a  warrant  for  the  same  be  accordingly  drawn.  [Approved 
by  the  Governor,  March  26,  1845.] 

Resolves  concerning  the  Admission  of  the  Slaveholding  Nation  of  Texas  into   Qhnn  \3\ 

the  Union.  " 

Whereas,  The  Commonwealth  of  Massachusetts  has, 
through  her  Legislature,  with  great  unanimity,  in  the  years 
one  thousand  eight  hundred  and  forty-three,  and  forty-four, 
and  forty-five,  solemnly  and  strenuously  protested  against  the 
admission,  by  the  federal  government,  of  the  foreign  nation 
of  Texas,  as  a  State,  into  the  Union,  because  the  act  would 
be  in  direct  .violation  of  the  Constitution  of  the  United 
States,  and  because  it  would  perpetuate  the  slavery  of  a 
portion  of  mankind  in  America,  and  because  it  would  ex- 
tend the  unequal  rule  of  representation,  by  federal  numbers, 
over  a  new  region  never  within  the  contemplation  of  those 
who  consented  to  its  establishment,  at  the  time  of  the  for- 


652  1845. Chap.  131. 

mation  of  the  Constitution  :  and  whereas^  the  consent  of  the 
executive  and  legislative  departments  of  the  government  of 
the  United  States  has  been  given,  by  a  resolution  passed  on 
the  twenty-seventh  day  of  February  last,  to  the  adoption  of 
preliminary  measures  to  accomplish  this  nefarious  project : 
Therefore,  be  it 
Massachusetts         Resolved,  That  Massachusetts  hereby  refuses  to  acknow- 
gaiity  of  the^act  ledge  the  act  of  the  government  of  the  United  States,  au- 
authorizing  the    thoriziug  the  admissiou  of  Texas,  as  a  legal  act,  in  any  way 
Texe^!'°°  °^      binding  her  from  using  her  utmost  exertions  in  cooperation 
with  other  States,  by  every  lawful  and  constitutional  mea- 
sure, to  annul  its  conditions,  and  defeat  its  accomplishment. 
Objeciionsto         Resolved,  That  the  annexation  of  a  large  slaveholding 
?f\Tiavehoid-    territory,  at  the  will  of  the  government  of  the  United  States, 
ing territory.      with  the  declared  intention  of  giving  strength  to  the  insti- 
tution of  domestic  slavery  in  these  States,  is  an  alarming 
encroachment  upon  the  rights  of  the  freemen  of  the  Union, 
a  perversion  of  the  principles  of  republican   government,  a 
deliberate  assault  upon  the  compromises  of  the  Constitution, 
and  demands  the  strenuous,  united  and  persevering  opposi- 
tion of  all  persons,  without  distinction,  who  claim  to  be  the 
friends  of  human  liberty. 
Constitutional         Resolved,  That  the  right  to  hold  men  as  slaves  was  con- 
tCsLvXjiding  ceded  by  the  Constitution  of  the  United  States  to  be  a  mat- 
power,  ter  exclusively  belonging  to  those  States  in  which  that  right 
was  acknowledged,  upon  the  understanding,  however,  that 
the  power  which  it  gives,  should  be  exercised  strictly  within 
Recent  usurpa-  ihosc  limits ;  but  uow  that  it  arrogates  the  control  of  mil- 
samejust^fyin"  ^^^^^  ^^  frcemeu  liviug  be^T-ond  them,  and  puts  at  hazard  the 
a  policy  of     "  predominance  of  the  principles  of  liberty  in  America,  it  jus- 
counteraction.     ^^^Qg  jj^jg  adoption  ou  their  part,  of  a  systematic  policy  of 
counteraction,   by  lawful  and  constitutional  means,  even 
though  that  policy  should  ultimately  bring  on  the  downfall 
of  slavery  itself. 
TheConstitu-         Resolved,  That  the  Constitution  of  the  United  States  was 
motetfKfyr  framed  in  order  to  protect  a  people  of  freemen,  and  perpctu- 
an  object  which  ate  the  blcssings  of  liberty  to  them  and  their  posterity,  and 
wmpromSr    ^^^^  Massachusetts  will  cooperate  with  any,  or  all,  of  the 
&c.           '     free  States  of  the  Union,  in  an  honest  endeavor,  by  lawful 
means,  to  restore  it  in  every  case  where  it  has  been  per- 
verted from  the  fulfilment  of  its  original  and  noble  purpose. 
Territories  Resolved,  That  uo  territory  hereafter  applying  to  be  ad- 
be°admit^teTar  mittcd  to  the  Uuiou,  as  a  State,  should  be  admitted  without 
States,  only  on   a  couditiou  that  domestjc  slavery  should  be  utterly  extin- 
lboiishing°°  °    guished  within  its  borders,  and  Massachusetts  denies  the 
slavery  therein,  validity  of  any  Compromise  whatsoever,  that   may  have 
any^compw-"*^  bceu,  or  that  hereafter  may  be,  entered   into  by  persons  in 
inise,&c.          the  government  of  the  Union,  intended  to  preclude  the  fu- 
ture application  of  such  a  condition  by  the  people  acting 
through  their  representatives  in  the  Congress  of  the  United 
States. 


1845. Chap.  131,  132.  653 

Resolved,  That  His  Excellency  the  Governor  be  requested  Resolves  to  be 
to  transmit  a  copy  of  the  aforegoing  resolves  to  the  Execu-  ' 

tive  of  the  United  States,  and  of  the  several  States,  and  to 
each  of  the  senators  and  members  of  the  House  of  Repre- 
sentatives of  this  Commonwealth  in  the  Congress  of  the 
United  States.  {Approved  by  the  Governor,  March  26,  1845. J 

A  Resolve  to  pay  sundry  Miscellaneous  Accounts.  ChCLj)  132* 

Resolved,  That  there  be  allowed  and  paid,  out  of  the 
public  treasury,  to  the  several  corporations  and  persons  Allowance  of 
mentioned  in  the  accompanying  roll,  the  sums  set  against  P0;86i02. 
their  several  names  respectively,  amounting  in  the  whole 
to  twenty  thousand  eight  hundred  sixty-one  dollars  and 
two  cents,  the  same  being  in  full  discharge  of  the  ac- 
counts and  demands  to  which  they  refer,  and  that  a  war- 
rant be  drawn  accordingly.  {Approved  by  the  Governor, 
March  26,  1845.] 


ROLL  OF  PAUPER  ACCOUNTS. 


[See  Chap.  13,  Page  588.] 


IN  THE  COUNTY  OF  ESSEX. 


Andover, 

for  support  of  State  Paupers, 

|I70  78 

Beverly, 

same,     . 

.       5  11 

Bradford, 

same,     . 

.     25  55 

Danvers, 

same,     . 

.  249  51 

Essex, 

same,     . 

.     51  24 

Georgetown, 

same,     . 

.  190  06 

Gloucester, 

same,     . 

.  105  64 

Haverhill, 

same,     . 

.     56  97 

Ipswich, 

same,     . 

.     13  76 

Lynn, 

same,     . 

.  249  65 

Manchester, 

same,     . 

.  114  21 

Methuen, 

same,     . 

.     43  15 

Newbury, 

same,     . 

.  185  37 

Newburyport, 

same,     . 

.  899  56 

Rockport, 

same,     . 

.  248  20 

Rowley, 

same,     . 

.       3  92 

Salem, 

same,     . 

1761  34 

Salisbury, 

same,     . 

.     20  51 

Saugus, 

same,     . 

.     18  06 

Topsfield, 

same,     . 

.     25  55 

West  Newbury 

same,     . 

.     51  07 

Whole  amount  for  county  of  Essex, 


$4489  21 


IN  THE  COUNTY  OF  MIDDLESEX. 


Acton, 

for  support  of  State  Paupers, 

.$15  14 

Ashby, 

same,     . 

.     25  55 

Billerica, 

same,     . 

.     15  44 

Brighton, 

same,     . 

.     30  59 

Bedford, 

same,     . 

.     13  40 

Burlington, 

same,     . 

.     16  16 

Cambridge, 

same,     . 

1210  24 

Carlisle, 

same,     . 

.     30  31 

Concord, 

same,     . 

.     86  14 

Chelmsford, 

same,     . 

.      5  39 

Charlestown, 

same,     . 

4565  58 

Dracut, 

same,     . 

. 

.  119  33 

PAUPER  ACCOUNTS. 


656 


Framingham, 

Hopkinton, 

Holliston, 

for  supp 

same, 

same, 

Drt  of  S 

tate  Pai 

Lipers, 

Groton, 

same,     . 

Lexington, 

same,     . 

Lincoln, 

same. 

Littleton, 

same, 

Lowell, 

same, 

Newton, 

same,     . 

Natick, 

same,     . 

Pepperell, 
Maiden, 

same, 
same, 

Marlboro' 

same. 

Reading, 

same, 

South  Reading, 

same. 

Somerviile, 

same, 

Stoneham, 

same, 

Townsend, 

same. 

Wobiirn, 

same. 

Watertown, 

same, 

Wayland, 
Waltham, 

same, 
same, 

W.  Cambridge,   same. 


Whole  amount  for  county  of  Middlesex, 


$37 

93 

.     20  02 

.     26 

81 

.     14  35 

.    28 

70 

.     11 

13 

.  110  20 

1907 

42 

.     27  58 

.     36 

68 

.     11 

02 

.     75 

25 

.       5 

11 

.       6 

23 

.     15 

05 

.       9 

73 

.     25 

55 

.     21 

94 

.       7  94 

.  188 

58 

.      3 

15 

.  142 

82 

7 

00 

873  46 


IN  THE  COUNTY  OF  WORCESTER. 


Auburn, 

for  support  of  State  Paupers, 

$S  36 

Charlton, 

same,     . 

.     28  72 

Dana, 

same,     . 

32  56 

Douglas, 

same,     . 

56  22 

Fitchburg, 

same,     . 

10  77 

Grafton, 

same,     . 

11  56 

Hubbardston, 

same,     . 

25  55 

Leicester, 

same,     . 

69  05 

Leominster, 

same,     . 

20  17 

Milford, 

same,     . 

26  65 

Millbury, 

same,     . 

35  30 

Mendon, 

same,     . 

2  45 

Northbridge, 

same,     . 

6  93 

Northboro', 

same,     . 

32  55 

New  Braintree 

same,     . 

29  50 

Oxford, 

same,     . 

76  65 

Spencer, 

same,     . 

40  15 

Stur  bridge. 

same,     . 

25  55 

Shrewsbury, 

same,     , 

10  68 

Sutton, 

same,     . 

11  55 

Uxbridge, 

same,     . 

.    81  77 

656 


PAUPER  ACCOUNTS. 


Upton, 

for  support  of  State  Paupers,    . 

.  $25  55 

Westboro', 

same,     .... 

.     33  71 

Webster, 

same,     .... 

.  189  48 

Worcester, 

same,     .... 

.  543  42 

Whole  amount  for  county  of  Worcester, 


$1434  85 


IN  THE  COUNTY  OF  HAMPSHIRE. 


Amherst, 

Belchertown, 

Chesterfield, 

Cummington, 

Easthampton, 

Goshen, 

Granby, 

Hadley^ 

Middlefield, 

Northampton, 

Plainfield, 

Worthington, 

"Westhampton, 


for  support  of  State  Paupers, 

same,  . 

same,  . 

same,  . 

same,  . 

same,  . 

same,  . 

same,  . 

same,  . 

same,  . 

same,  . 

same,  . 

same,  . 


.  $99 

30 

.     25 

62 

.     12 

81 

.  101 

22 

.     82 

49 

7 

73 

.     25 

55 

.     14  05 

.     64 

13 

.  315 

26 

.       9 

60 

.     25 

48 

.     17 

62 

Whole  amount  for  county  of  Hampshire, 


$800  86 


IN  THE  COUNTY  OF  HAMPDEN. 


Blandford, 

for  support  of  State  Paupers, 

.  $82  63 

Brimfield, 

same,     . 

.  161  62 

Chester, 

same, 

.  387  11 

Granville, 

same, 

.     25  55 

Ludlow, 

same. 

.  218  31 

Monson, 

same, 

.  172  12 

Palmer, 

same. 

.  157  64 

Russell, 

same, 

.     69  23 

Springfield, 

same, 

.  383  99 

W.  Springfield, 

same. 

.  116  42 

Westfield, 

same, 

.  231  72 

Wilbraham, 

same,     . 

.    25  55 

Whole  amount  of  county  of  Hampden, 


$1831  89 


IN  THE  COUNTY  OF  FRANKLIN. 


Bernardston, 
Charlemont, 
Coleraine, 
Conway, 


for  support  of  State  Paupers,   . 

.  $14  70 

same,     .... 

.  121  34 

same,     .... 

.     27  59 

same,     .            .            .             . 

.     65  70 

PAUPER  ACCOUNTS. 


657 


Deerfield,  for  support  of  State  Paupers, 

Gill,  same,     . 

Leyden,  same,     . 

Shelburne,  same,     . 

Whately,  same,     . 

Whole  amount  in  county  of  Franklin, 


.  $25 

55 

.     25 

55 

.     69 

13 

.     25 

55 

.     25 

55 

$400  66 


IN  THE  COUNTY  OF  PLYMOUTH. 


Abington,  for  support  of  State  Paupers, 

Duxbury,  same,  . 

E.  Bridgewater,  same,  . 

Hingham,  same,  . 

Hanson,  same,  . 

Hanover,  same,  . 

Kingston,  same,  . 

Middleboro,'        same,  . 

N.  Bridgewater,  same,  . 

Pembroke,  same,  . 

Plymouth,  same,  . 

Rochester,  same,  . 

Scituate,  same,  . 

Wareham,  same,  . 

W ,  Bridgewater,  same,  . 


.  $36 

05 

.     56 

87 

.  120 

58 

.       5 

25 

.     37  50 

.     17 

10 

.      8 

82 

.  127 

04 

.  179 

19 

.     40 

15 

.     71 

89 

.     44  75 

.     38 

36 

.     65 

70 

.      4  00 

Whole  amount  for  county  of  Plymouth, 


$853  25 


IN  THE  COUNTY  OF  BERKSHIRE. 


Adams, 

for  support  of  State  Paupers 

Becket, 

same,     . 

Cheshire, 

same,     . 

Clarksburg, 

same,     . 

Dalton, 

same,     . 

Gt.  Barrington, 

same,     . 

Hancock, 

same,     . 

Hinsdale, 

same,     . 

Lenox, 

same,     . 

Lee, 

same,     . 

Lanesboro', 

same,     . 

Ml.  Washington 

,  same,     . 

New  Marlboro', 

same,     . 

Otis, 

same,     . 

Pittsfield, 

same,     . 

Peru, 

same,     . 

Richmond, 

same,     . 

Sandisfield, 

same,     . 

Sheffield, 

same,     . 

$383  54 
.  41  13 
.  100  83 
.  6  86 
.  25  55 
.  126  36 
.  84  88 
.  106  92 
.  143  62 
.  142  32 
.  238  38 
.  6  82 
.  43  92 
.  40  03 
.  311  14 
.  58  24 
.  51  24 
.  109  55 
.     37  21 


84 


658 


PAUPER  ACCOUNTS. 


Stockbridge, 

for  support  of  State  Paupers,    . 

$167  59 

Tyringham, 

same,     .... 

.     31  52 

Williamstown, 

same,     .... 

.  140  28 

Washington, 

same,     .... 

.  172  34 

W.  Stockbridge 

,  same.     .             . 

.     88  22 

Whole  amount  of  county  of  Berkshire, 


$2658  49 


IN  THE  COUNTY  OF  NORFOLK. 


Braintree, 

for  support  of  State  Paupers, 

Brookline, 

same,     . 

Canton, 

same, 

Dedham, 

same. 

Dorchester, 

same, 

Franklin, 

same, 

Milton, 

same. 

Need  ham, 

same, 

Quincy, 

same, 

Randolph, 

same, 

Roxbury, 

same. 

Sharon, 

same. 

Stoughton, 

same, 

Wrentham, 

same, 

Walpole, 

same. 

Weymouth, 

same, 

.  $92 

43 

.     25 

55 

.     32  84 

.     13 

16 

.     32 

90 

.     61 

47 

.     77  54 

.     33 

46 

.     90 

86 

.  269 

02 

1015 

99 

.     25 

55 

.     94 

90 

.     47 

71 

.       7 

79 

.     89 

03 

Whole  amount  for  county  of  Norfolk, 


$2010  28 


IN  THE  COUNTY  OF  BRISTOL. 


Attleborough, 

for  support  of  State  Paupers, 

Berkley, 

same,     . 

Dighton, 

same,     . 

Dartmouth, 

same,     . 

Easton, 

same,     . 

Fall  River, 

same,     . 

Freetown, 

same,     . 

Fairhaven, 

same,     . 

Norton, 

same,     . 

New  Bedford, 

same,     . 

Pawtucket, 

same,     . 

Rehoboth, 

same,     . 

Somerset, 

same,     . 

Swanzey. 

same,     . 

Taunton, 

same,     . 

Westport, 

same,     . 

.  $19 

56 

.     69 

32 

.     42 

21 

.     95 

64 

.     68 

74 

1331 

92 

.    21 

60 

.  168 

16 

.     39 

20 

1032 

16 

.     92 

01 

.  207 

99 

.     25 

62 

.  100 

63 

.  308  84 

.     51 

10 

Whole  amount  for  county  of  Bristol, 


$3674  70 


PAUPER  ACCOUNTS. 


659 


IN  THE  COUNTIES  OF  BARNSTABLE,  NANTUCKET 
AND  DUKES. 


Brewster, 

for  support  of  State  Paupers, 

.  |51  10 

Chilmark, 

same,     . 

.     25  55 

Chatham, 

same,     . 

.     25  55 

Dennis, 

same,     . 

.     35  86 

Herring  Pond  Plantation,  same, 

.     51  17 

Orleans, 

same,     . 

.     25  55 

Marshpee  Indians,  same, 

.  290  22 

Nantucket, 

same,     . 

.  184  30 

Sandwich, 

same,     . 

.     25  55 

Truro, 

same,     . 

.     21  90 

Yarmouth, 

same,     . 

.     25  65 

Whole  amount  for  county  of  Barnstable,  Nan- 
tucket and  Dukes,        .  .  .  ^762  30 

IN  THE  COUNTY  OF  SUFFOLK. 

Boston,  for  support  of  paupers  in  the  several 

wards,  .  .  .  $5923  17 

in  the  Houses  of  Industry  and   Re- 
formation,       .  .  .  10,165  68 
The   burial    of  paupers   and   small 

pox  patients  included  in  above. 
Support  of  State  Paupers  in  the  Lu- 
natic Hospital,  .  .  9384  28 
Chelsea,              Support  of  State  Paupers,          .  36  62 

Whole  amount  for  county  of  Suffolk,  .       $25,509  75 


RECAPITULATION  OF  COUNTIES. 

Suffolk,  including  $9,384  28  for  support  of  lunatics,  $25,509  75 
Essex,  ......     4,489  21 

Worcester, 

Middlesex, 

Hampshire, 

Hampden, 

Franklin, 

Plymouth, 

Berkshire, 

Norfolk, 

Bristol, 

Barnstable,  Nantucket  and  Dukes, 


1,434  85 

8,873 

46 

800  86 

1,831 

89 

400  66 

853 

25 

2,658 

49 

2,010  20 

.    3,674  70 

.        762 

30 

$53,299 

62 

660  PRINTERS,  &c. 


ROLL  OF  ACCOUNTS,  audited  by  the  Treasurer  of  the 
Commonwealth^  and  reported  February  27th,  1845. 

[See  Chap.  72,  Page  612.] 

PRINTERS. 

Phinehas  Allen  &  Son,  publishing  the  laws  of  1844,      $16  67 


Elijah  Ashley,  publishing  the  laws  of  1844,  16  67 
Samuel  Bowles,  publishing  the  laws  of  1844,  (two  pa- 
pers,) 33  34 
Chickering  &  Briggs,  publishing  the  laws  of  1844,  16  67 
John  D.  Gushing,  publishing  the  laws  of  1844,  16  67 
Douglas  S.  Hubbard,  publishing  the  laws  of  1844,  and 

for  newspapers,  19  17 

Russell  R.  Kinsley,  publishing  the  laws  of  1844,  16  66 

Kimball  &  Butterfield,  for  newspapers,  1  00 

Lowell  Advertiser,  publishing  the  laws  of  1844,  16  66 

Lowell  Patriot,  publishing  the  laws  of  1844,  16  66 
Nantucket  Inquirer,  publishing  the  laws  of  1844,  (two 

papers,)  and  for  newspapers,  36  32 

Elijah  Porter,  publishing  the  laws  of  1844,  16  66 
Christopher   Robinson,  publishing  the  laws  of  1844, 

(two  papers,)  33  32 

D.  S.  Ruddock  &  Co.,  publishing  the  laws  of  1844,  16  67 

William  Stow,  publishing  the  laws  of  1844,  16  67 

John  S.  E.  Rogers,  for  newspapers,  2  00 
James  Thurber,  publishing  the  laws  of  1844,   and  for 

newspapers,  23  42 

1315  23 


MISCELLANIES. 
Thomas  Groom,  stationery  for  the  Senate,  $32  37 

Roberts  &  Thaxter,    binding  journals  of  House   of 

Representatives,  5  00 

Morse  &  Tuttle,    for  engraving   diagram  of  Senate 

chamber,  &c.  26  50 

Charles  Stimpson,  stationery  for  the  Senate,       "  106  56 

$170  43 


AGGREGATE. 

Printers, $315  23 

Miscellanies,         .  .  .  .  170  43 

$485  66 


PUBLISHING  LAWS,  &c. 


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Yarmouth  Register, 

Salem  Gazette, 

Boston  Post,    • 

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Barre  Gazette, 

Springfield  Republican, 

New  England  Farmer, 

Boston  Cultivator, 

Trumpet, 

Salem  Gazette, 

Weekly  Bee, 

Ploughman,     • 

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Boston  Medical  and  Surgical  Journal, 

Evening  Gazette, 

Christian  World, 

D.  F.  Ashley, 
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G.  W.  Bazin, 
Wm.  Brown, 
Howland  &.  Bradbury, 
William  Buckminster, 
Chapman  &  Palfray,    • 
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W.  W.  Clapp  &  Son, 
Geo.  G.  Channing, 

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Barnstable  Patriot, 
Fall  River  Monitor, 
American  Traveller, 
Norfolk  Democrat, 
Christian  Register, 
Mercantile  Journal, 
Essex  Banner, 
Lowell  Journal, 
Springfield  Gazette, 
Franklin  Democrat, 
Springfield  Spectator, 
Weekly  American  Tra 
Uncle  Sam,     • 
Liberator, 

Youth's  Companion  an( 
Z  ion's  Herald, 
Bunker  Hill  Aurora,    ■ 
New  Bedford  Register 
Newburyport  Daily  He 
Newburyport  Semi-W( 
Franklin  Express, 
Essex  Transcript, 
Old  Colony  Memorial, 
National  iEgis, 
Albany  Daily  Advertis 

E.  Porter, 

S.  B.  Phinney, 

Henry  Pratt,    • 

R.  L.  Porter  &  Co.      • 

E.  G.  Robinson, 

David  Reed,    • 

Sleeper  &,  Rogers, 

E.  H.  Safl^ord, 

Wm.  Schouler, 

Wm.  Stowe,    • 

R.  R.  Taylor, 

Calvin  Torry, 

E.  A.  Upton  &  Co.       • 

G.  H.  Williams, 

H.  W.  Williams, 

Nath'l  Willis, 

Boston  Wesleyan  Association, 

W.  W.  Whieldon, 

Wm.  Young, 

Morss  &  Brewster, 

J.  S.  &,  C.  Adams, 
Proprietors  of 
Jas.  Thurber, 
Thos.  W.  Butterfield, 
E.  W.  «&  C.  Skinner, 

664  MISCELLANEOUS  ACCOUNTS,  &c. 


STATE  LUNATIC  PAUPERS. 

County  of  Middlesex,  for  support  of  21  State  lunatic 

paupers,  $2030  71 

County  of  Nantucket,  for  support  of  2  State  lunatic 

paupers,  451  17 

County  of  Berkshire,  for  support  of  2  State  lunatic 

paupers,  260  00 

County  of  Norfolk,    for   support  of  2  State   lunatic 

paupers,  260  00 

County  of  Hampden,  for  support  of  1  State  lunatic 

pauper,  124  00 

County  of  Essex,  for  support  of  31  State  lunatic  pau- 
pers, 3437  14 

County  of  Bristol,  for  support  of  1  State  lunatic  pau- 
per, 130  00 

State  Lunatic  Hospital,  for  support  of  69  State  lunatic 

paupers,  4909  70 

Town  of  Northampton,  to  refund  money  paid  for  State 

lunatic  paupers  138  56 

Town  of  Chelsea,  to  refund  money  paid  for  State  lu- 
natic paupers,  47  52 

$11,788  80 
CORONERS'  ACCOUNTS. 


Charles  Smith,  admr. 

for  1844, 

$29  88 

William  Andrews, 

u 

113  02 

James  Woodward, 

il 

12  20 

Elias  French, 

11 

22  72 

E.  M.  Hinckley, 

i( 

11  00 

Jabez  Pratt, 

"  to  Feb. 

3, 1845, 

15  00 

John  W.  Whipple, 

u 

15  70 

Benjamin  Drew, 

li 

20  52 

Jonathan  Day, 

"  to  Jan. 

21,  1845, 

20  45 

Samuel  Hobart, 

"  to  Jan. 

25,  1845, 

17  24 

Silas  Minick, 

1843, 

17  04 

Lewis  Bass, 

1844, 

42  32 

John  Marsh, 

IC 

17  20 

Thomas  Sumner, 

(I 

11  98 

$366  27 

MISCELLANEOUS  ACCOUNTS,  &c. 


G65 


MISCELLANEOUS  ACCOUNTS. 


Town  of  Dighton,  for  removing  pauper  family, 

County  of  Essex,  for  support  of  Mary  Sigourney, 

Holder    Wadell,    balance  of  account  for  support   of 
Fall  River  Indians, 

Town  of  Danvers,  support  of   Miss  Whipple    with 
small  pox, 

Town  of  Nantucket,  support  of  H.  Jones  and  H.  Cof- 
fin, with  small  pox, 

Horatio  Leonard,   sheriff  bill  for  distributing  public 
documents, 

Peter  Low,  for  binding  books  for  library,  certified  by 
G.  W.  Coffin, 

Ebenezer  Shute,  for  services  attending  procession  Jan. 
1,  1845, 

Sidney  Bartlett,  for  professional  services  by  order  of 
Treasurer, 

J.  S.  Withington,  for  music  at  the  Old  South,  Jan.  1, 
1845, 

Mathew  Butler,  for  visiting  the  public  charitable  ins't, 

Jehiel  Abbott,  for         " 

Bradley  N.  Cumings,  " 

David  Davis,  " 

T.  J.  Clark,  '' 

John  M.  Earle,  " 

N.  L.  White,  " 

O.  W.  Allen,  for  bill  twine, 

Kendall  P.  Saunders's  bill,  water  buckets,  &c.  for  State 
House, 

S.  N.  Dickinson,  for  diagram  of  Representatives'  Hall, 

James  Adams,  for  services  at  State  House, 

John  S.  Stark,  " 

J.  B.  Lane,  " 

Isaiah  Stoddard,  " 

George  Rayne,  " 

Charles  Gregg,  " 

Charles  Mendell,         " 

James  Smith,  " 

Lott  Pool,  " 

Thomas  Groom  &.  Co.,  for  stationery  to  1845, 

Eayrs  &  Fairbank,  for  stationery  for  Secre- 
tary and  Council,  $542  38 
House  of  Representatives,  687  28 
Senate,  47  60 
Treasurer's  office,  30  82 
Land  oflSce,  16  50 
Adjutant  General's  office,                                   94  64 

85 


$7  00 
25  62 

111  50 

85  00 

105  36 

10  50 
90  62 
28  75 
70  00 

20  00 

11  82 
11  80 
11  28 
11  84 
10  50 

10  61 

11  57 

7  32 

8  13 
32  00 


00 
50 
00 
50 
00 
50 
50 


57  01 
5  00 

28  92 


1419  22 


666  MISCELLANEOUS  ACCOUNTS,  &c. 

W.  H.  Henderson,  for  sundries,  $38  46 

James  Loring,  for  stationery.  15  75 

Joseph  P.  Bradlee  &  Sons,  for  oil  bill  to  Jan.  29,  1845,    146  08 
C.  W.  Haven,  for  stock  for  repairs  of  State  House,  89  67 

Charles  Brooks  &  Co.,  for  stock  for  repairs  of  State 

House,  82  93 

G.  B.  Wheeler,  for  labor  on  State  House, 
Parker  Fowle,  for  carpetings,  repairs  for  State 

House,  two  bills,  =^$56  58 

Kittredge  &  Blakes,  for  furniture,  &c.,  re- 
pairs for  State  House,  two  bills,  *78  27 
William  Perry,  for  materials,  repairs  for  State 

House,  =^30  60 

H.  N.  Baxter,  for  materials,  repairs  for  State 

House,  2  16 

Daniel  Safford  &.  Co.,  for  brass  castings,  &c. 

for  State  House,  two  bills,  71  52 

Charles  Calhoun,  for  designs  and  superinten- 
dence of  Senate  Chamber,  ^75  00 
Aaron  Guild,  for  lumber  for  repairs  of  State 

House,  19  51 

Joshua  Roberts,  for  carting,  (2  bills,)  18  13 

J.  G.  Loring  &  Co.,  for  plumbing,  4  57 

Phineas  Blunt,  for  soap  stone  work,  11  00 

Walcott  &  Cook,  for  carting  snow,  3  00 

John  Clark  &  Sons,  for  plumbing,  7  95 

G.  B.  Wheeler,  two  bills  including  the  above 

as  vouchers,  ■ 629  03 

Charles  Stimpson,  for  stationery,  94  51 

Brown  &  Severance,  for  coach  hire  for  Council  and 

visiting  committees,  75  00 

N.  H.  Streeter,  for  coach  for  Governor,  1  25 

Washington  P.  Gregg,  for  services  after  session  of  1844,     15  00 
Benj,  Stevens,  for  balance  of  account  due  him,  46  03 

City  of  Lowell,  for  removal  and  burial  of  State  pau- 
pers, omitted  in  roll  of  State  paupers  allowed,  330  02 
Town  of  Tyringham,  for  error  in  transcribing  roll  al- 
lowed, 65  03 

$3856  13 


*  The  amounts  thus  designated,  were  accidentally  omitted ;  they  were  not  in- 
cluded in  G.  B.  Wheeler's  bill  of  $629  03;  and  the  several  accounts  are  now  filed 
in  the  Treasury  office  for  allowance  next  year. 


MILITARY  ACCOUNTS.  667 

ROLL  OF  MILITARY  ACCOUNTS,  1844. 

DIVISION  INSPECTORS.     |25  per  annum. 

Ebenezer  W.  Stone,  1st  Div.  from  Jan.  1,  1844,  to  Dec. 

31,  1844,  $25  00 

Thomas  J.   Adams,  2nd  Div.  from  Jan.   1,  1844,  to 

Dec.  31,  1844,  25  00 

Samuel  A.  Shackford,  3rd  Div.  from  Jan.  1,  1844,  to 

Dec.  31,  1844.  25  00 


$75  00 


BRIGADE  INSPECTORS.     $25  per  annum. 

John  C.  Park,  1st  Brig,  from  Jan.  1,  1844,  to  April 

12,  1844,  $7  08 

C.  Austin  Coolidge,  1st  Brig,  from  May  22,  1844,  to 

Dec.  31,  1844,  15  21 

Vinson   Blanchard,  2nd  Brig,   from  Jan.   1,  1844,  to 

Dec.  31,  1844,  25  00 

Augustus  L.  Barrett,  3rd  Brig,  from  Jan.  1,  1844,  to 

Dec.  31,  1844,  25  00 

Nathaniel  Conant,  4th  Brig,  from  Jan.  1, 1844,  to  Dec. 

31,  1844,  25  00 

Perley  Gould,  5th  Brig,  from  Jan.  1,  1844,  to  June  13, 

1844,  11  32 

Claudius  B.  Long,  5th  Brig,  from  June  25,  1844,  to 

Dec.  31,  1844,  12  92 

Leonard  I.  Jones,  6th  Brig,  from  Jan.  1,  1844,  to  Dec. 

31,  1844,  25  00 

Samuel  A.  Shackford,  6th  Brig,  from  Jan,  .1,  1843,  to 

April  26,  1843,  8  07 

$154  60 


ADJUTANTS.     .$25  per  annum. 

Joseph  W.  Magee,  1st  Batt.  Cav.   from  Jan.  1,  1844, 

to  Sept.  2,  1844,  $16  80 

Francis  Dresser,  1st  Batt.  Cav.  from  Sept.  2,  1844,  to 

Dec.  31.  1844,  8  20 

Charles  O.   Wardwell,  1st  Reg.  Art.   from  July  24, 

1843,  to  Sept.  20,  1843,  3  90 

Charles  O.  Wardwell,  1st  Reg.  Art.  from  Jan.  1,  1844, 

to  Dec.  31,  1844,  25  00 


668  MILITARY  ACCOUNTS. 

Gardner  A.  Burbank,  2nd  Reg.  Art.  from  Jan.  1,  1844, 

to  Dec.  31,  1844,  §25  00 

Samuel  L.  Bardwell,  3rd  Reg.  Art.  from  .Tan.  1,  1844, 

to  Dec.  3L  1844,  25  00 

Francis  Allen.  1st  Batt.  Art.  from  Jan.  1,  1844,  to  July 

1,  1844,       '  12  50 

Francis  Allen.  5tli  Reg.   Art.   from  July  1,  1844,   to 

Dec.  31,  1844,  12  50 

Thomas  T.  Law,  2nd  Batt.  Art.  from  Jan.  1,  1844,  to 

June  4,  1844,  10  69 

Francis  J.  Noyes,  3rd  Bait.  Art.  from  Jan.  1,  1844,  to 

Feb.  27,  1844,  3  96 

Francis  J.  Noyes,  4th  Reg.  Art.  from  Feb.  27.  1844,  to 

Sept.  7,  1844,  '  13  19 

Francis  J.  Noyes,  4th  Reg.  Art.  from  Sept.  7,  1844,  to 

Dec.  31,  1844,  7  85 

Hiram  Scripture.  1st.  Batt.  Art.  from  Jan.  1,  1844,  to 

Dec.  31,  1844/  25  00 

B.  Franklin   Edmands,   1st  Reg.   L.  I.  from  Jan.   1, 

1844,  to  April  26,  1844,  S  07 

Joseph  W.  Currier.  1st  Reg,  L.  L  from  Jan.  7,  1844, 

to'Dec.  31,  1844,'  14  18 

Woodbridge  Brown.  3rd  Reg.  L.  L  from  Jan.  1,  1844, 

to  April,  30,  1844,  8  34 

Woodbridge  Brown,  3rd  Reg.  L.  L  from  May  1,  1844, 

to  Aug.  7,  1844,  6  25 

Joseph  Sampson,  3rd  Reg.  L.  L  from  Aug.  1,  1844,  to 

Dec.  31,  1844,  10  41 

Moses  F.  Winn,  4th   Reg.  L.  I.  from  Jan.  1,  1844,  to 

Dec.  31,  1844,  25  00 

Gilbert  Ferrin.  5th  Reg.  L.   L  from  Jan.   1,  1844,  to 

Dec.  31,  1844,  25  00 

Jonathan  L.  Kimball,  6th  Reg.  L.  L  from  Jan.  1,  1844, 

to  April,  23,  1814,  7  86 

William  Brown,  6th  Reg.  L.  L  from  April  23,  1844, 

to  Dec.  31,  1844,  17  14 

George  H.  Kittredge,  7th  Reg.  L.  I.  from  Jan.  1,  1844, 

to  July  1,  1844,  12  50 

John  M.  Goodhue,  8th  Reg.  L.  L  from  Jan.  1,  1844,  to 

Dec.  31,  1844.  25  00 

Henrv  Kibling.  9th  Reg.  L.  I.  from  Sept  11,  1843,  to 

Dec.  31,  1843,  7  02 

Henrv  Kibling,  9th   Reg.  L.  L  from  Jan.   1,  1844,  to 

Dec.  31,  1844,  25  00 

Thomas   B.  Bartlett,   10th   Reg.  L.  L   from  Sept.  30, 

1844,  to  Dec.  31,  1844,  "  6  25 

D.  B.  Look,  Uth  Reg.  L.  I.  from  July  1,  1844,  to  Dec. 

31,  1844,  ■  12  50 

E.  C.  Craig,  1st  Batt.  L.  L  from  Jan.  1,  1844.  to  Dec. 

31,  1844,  '  25  00 


MILITARY  ACCOUNTS.  669 

J.  W.  Vincent,  2nd  Batt.  L.  I.  from  Jan.  1,  1844,  to 

Sept.  11,  1844,  $17  44 

John  H.  Perry,  2nd  Batt.  L.  I.  from  Sept.  11,  1844,  to 

Dec.  31,  1844.  7  56 

A.  F.   Spear,  3rd  Batt.  L.  I.  from  Sept.  23,  1844,  to 

Dec.  31,  1844,  6  81 

John  P.  Hubbard,  4th  Batt.  L.  I.  from  Jan.  1,  1844,  to 

Aug.  1,  1844,  14  58 

F.  A.  Whitney,  1st  Batt.  Rifle,  from  Aug.  1,  1844,  to 

Dec.  31,  1844,  10  42 

$481  92 


HAULING  ARTILLERY. 

Richard  Barrett,   Concord  Artillery,   1844,  in- 
spection and  review,  $25  00 
Experimental  gunnery,  20  00 

W.  T.  Dupee,   Lexington  artillery.    1844,   in- 
spection and  review,  $40  00 
Experimental  gunnery,  20  00 

G.  W.  Howe,  Waltham  Artillery,  1844,  inspec- 
tion and  review,  $39  20 
Experimental  gunnery,  18  00 

Thomas  Critchell,  Charlestdwn  Artillery,  1844, 
inspection  and  review,  $40  00 

Experimental  gunnery,  18  00 


$45  00 


60  00 


57  20 


58  00 


F.  J.  CofSn,  Newburyport  Artillery,  1844,  in- 
spection and  review,  47  50 

J.  R.  Cook,  Gloucester  Artillery,  1844,  inspec- 
tion and  review,  $45  00 
Experimental  gunnery,  15  00 


W.  T.  Gale,   Lynn  Artillery,  1844,  inspection 

and  review,  $36  00 

Experimental  gunnery,  20  00 

J.  W.  Rhoades,  Salem  Artillery,  1844,  inspec- 
tion and  review,  $25  00 
Experimental  gunnery,  25  00 


60  00 


56  00 


50  GO 


G.  Mayhew,  Buckland  Artillery,  1844,  inspec- 
tion and  review,  38  00 


670  MILITARY  ACCOUNTS. 

W.  Keith,  Greenfield  Artillery,  1844,  inspection 
and  review,  $25  20 

Experimental  gunnery,  8  40 

X  B.  Angier,  Northampton  Artillery,  1844,  in- 
spection and  review, 

L.  V.  Campbell,  Plainfield  Artillery,  1844,  in- 
spection and  review, 

Daniel  Gloyd,  Abington  Artillery,  1844,  inspec- 
tion and  review, 

Samuel  W.  Bagnell,  Plymouth  Artillery,  1844, 
inspection  and  review, 

B.  W,  Curtis,  Hanover  Artillery,  1844,  inspec- 
tion and  review, 

Charles  Freeman,   Norton  Artillery,   1844,  in- 
spection and  review, 

R.  Lovejoy,  Boston  Artillery.  1844,  inspection 

and  review,  $15  00 

Experimental  gunnery,  15  00 


$33  60 

15  00 

29  00 

35  00 

30  00 

30  00 

37  50 

George  W.  Brown,  Columbian  Artillery,  inspec- 
tion and  review,  $14  00 
Experimental  gunnery,  18  00 


Danford  White,  Washington  Artillery,  inspec- 
tion and  review,  *      $15  00 
Experimental  gunnery,  10  00 


30  00 


32  00 


25  00 


Benj.  H.  Burrell,  Roxbury  Artillery,  inspection 

and  review,  18  00 

Benj.  Stone,  Jr.,  Dorchester  Artillery,  inspec- 
tion and  review,  $18  00 
Experimental  gunnery,  17  25 

35  25 

W.  C.  Bennett,  Belchertown  Artillery,  inspec- 
tion and  review,  14  00 

Anson  Walker,    Monson  Artillery,    inspection 

and  review,  37  00 

Albert  Shattuck,   Groton  Artillery,  inspection 

and  review,  35  50 

H.  N.  Smith,  Milton  Artillery,   inspection  and 

review,  $12  00 

Experimental  gunnery,  12  00 


24  00 

William  Cook,  Milford  Artillery.  1843,  inspec- 
tion and  review,  21  00 

Thomas  Laugh  ton,  Leominster  Artillery,  in- 
spection and  review,  12  00 

$965  55 


MILITARY  ACCOUNTS.  671 

RECAPITULATION. 


Publishing  laws,  newspapers,  and  printing, 

$3,173  45 

State  Lunatic  Paupers, 

11,788  80 

Coroners'  Accounts, 

366  27 

Division  Inspectors, 

75  00 

Brigade  Inspectors, 

154  60 

Adjutants, 

481  92 

Hauling  Artillery, 

965  55 

Miscellaneous, 

3,856  13 

$20,861  72 

SUPPLEMENTARY  ROLL. 

[See  Chap.  130,  Page  651.] 

Kimball  &  Butterfield,  for  papers,  $3  00 

J.  B.  Dow,  for  Christian  Witness,  8  25 

Damrell  &  Graves,  for  Christian  Reflector,  7  92 

Nathaniel  Greene,  for  postage  of  papers,  31  43 

Committee  for  attending  the  funeral  of  the  Hon.  Isaac 

C.  Bates  : 
Myron  Lawrence,  $18  30 

Levi  Taylor,  16  65 

E.  Hopkins,  14  00 

Alfred  Bragg,  10  70 

Charles  F.  Adams,  12  30 

71  95 

$122  55 


INAUGURAL    ADDRESS 


HIS  EXCELLENCY  GEORGE  N.  BRIGGS. 


Representatives'  Chamber,  Jan.  4th,  1845. 

At  a  quarter  past  twelve  o'clock,  His  Excellency  the  Governor^ 
accompanied  by  His  Honor  the  Lientenatit  Governor,  the 
members  of  the  Executive  Council,  and  the  Secretary  of  the 
Commonwealth,  and  attended  by  a  joint  Committee  of  the  two 
Houses,  and  the  Sheriff  of  Suffolk,  m,et  the  Senate  and  House 
of  Representatives  i?i  cotivention,  and  delivered  the  following 

ADDRESS: 

GentlcTnen  of  the  Senate  and  of  the 

House  of  Representatives : 

We  have  taken  upon  ourselves  the  obHgations  required  by 
the  Constitution,  before  entering  upon  the  discharge  of  our  offi- 
cial duties. 

It  is  fit  and  becoming,  at  this  time,  and  in  this  place,  to  make 
a  public  acknowledgment  to  that  great  and  good  Being,  whose 
watchful  providence  notices  the  falling  sparrow,  and  guides  the 
destiny  of  nations,  for  his  mercies  to  our  fathers  in  years  that 
are  gone,  and  for  his  kindness  to  the  present  people  of  the  Com- 
monwealth, in  conducting  them  through  the  vicissitudes  of  an- 
other year,  and  again  bringing  their  representatives  together, 
in  this  their  ancient  and  peaceful  capital. 

I  learn,  from  the  Treasurer,  that  the  receipts  during  1844, 
were  ......    $362,987  37 

Exclusive  of  the  amount  received  on  account  of 

the  State  Tax,  .  ....  8,000-00 

And  balance  on  hand,  January  1,  1844,  .  .  9,748  67 

Making  .....    $380,736  04 


GOVERNOR'S  ADDRESS.  673 


To  this  should  be  added  the  amount  of  the  State 
Tax  intended  for  the  service  of  1844,  and  pay- 
able on  or  before  February  1,  1845, 

Amounting  in  the  whole  to 

This  was  the  provision  made  by  the  last  Legisla- 
ture to  defray  the  current  expenses  of  1844 
and  to  pay  the  scrip  falling  due  that  year 
$47,538  08. 

The  expenditures  of  the  year  have  been  . 

The  debt  paid        .... 


67,000  00 


$447,736  04 


$415,306  74 

47^538  08 

$462,844  82 
Showing  that  the  expenditures  have  exceeded  the 

provisions  made  for  them  the  sum  of    .  .     $15,008  78 

This  excess  of  expenditures  is  explained  by  the  sums  paid  to 
County  Treasurers,  the  Rolls  of  State  Paupers  and  Lunatic 
accounts,  and  the  amount  paid  the  Militia,  beyond  the  esti- 
mates for  these  purposes. 

Tiie  amount  paid  for  paupers  is  $82,641  41,  and  exceeds  the 
estimate  $9,506  40. 

Whether  a  State  Tax  will  be  necessary  to  meet  the  wants  of 
the  Treasury  the  present  year,  will  depend  very  much  upon 
the  amount  of  dividends  received  from  the  Western  Rail-road, 
the  modification  of  the  pauper  law,  and  the  expense  of  the 
Legislature. 

$46,450  of  the  State  debt,  falls  due  in  1845,  and  $37,141 
in  1846.  Besides  this,  we  owe  nothing  until  1857.  The  debt 
of  $1,000,000,  incurred  to  pay  our  subscription  to  the  Western 
Rail-road,  falls  due  in  1857. 

The  shares  at  par  will  pay  that  (^bt,  leaving  on  hand  a  sink- 
ing fund  of  $283,718  17. 

Our  public  funds  are  in  a  satisfactory  condition. 

The  School  fund,  which  commenced  in  1834, 
amounts  at  this  time  to      .  .  .  .   $711,423  96 

This  is  safely  invested. 
There  are,  belonging  to  this  fund,  notes  for  land 

sold  in  the  State  of  Maine  prior  to  April,  1837, 

and  secured  on  real  estate,  amounting  to  .        38,100  70 


Making        .....  $749,524  66 
Since  this  fund  was  established,  there  has  been  re- 
ceived as  interest,  and  paid  to  the  towns  for 
the  use  of  schools,  ....  $230,195  58 

The  Western  Rail-road  Sinking  Fund  is  .   $283,718  47 

We  have  paid  in  interest  on  the  Western  Rail- 
road Scrip,  .....  $223,529  67 
It  is  certainly  a  matter  of  just  congratulation  to  the  people 
of  Massachusetts,  that  these  large  sums  have  been  received 
into  their  treasury,  and  more  than  a  million  of  dollars  funded 
86 


674  GOVERNOR'S  ADDRESS. 

as  above  stated,  whilst  the  ordinary  expenses  of  the  govern- 
ment, including  about  <j^200,000  which  have  been  expended 
upon  that  noble  institution  at  Worcester,  for  the  insane,  have 
been  regularly  paid,  with  but  one  State  Tax,  and  that  for  only 
$75,000,  during  a  period  of  thirteen  years. 

The  amount  paid  for  the  support  of  State  paupers,  in  1837, 
was  $39,-574  56.  In  1843,  it  was  $56,792  35,  and  in  1844, 
$69,540  11.  This  large  and  increasing  item  in  the  expenses 
of  the  State,  demands  the  attention  of  the  Legislature. 

I  am  not  aware  that  any  other  State  adopts  our  mode  of  sup- 
porting that  class  of  paupers ;  and  whether  it  is  the  best  and 
most  economical  mode  that  can  be  devised,  may  well  be  in- 
quired into.  It  is  ditRcult  to  draw  the  line  between  a  system 
dictated  by  an  enlightened  and  liberal-hearted  humanity,  and 
one  which  would  tax  the  industrious  and  virtuous  portion  of 
the  community,  to  support  the  idle  and  the  vicious. 

The  records  of  the  Legislature  show  a  very  great  inequality 
between  the  sums  drawn  from  the  treasury  by  the  different 
towns  and  counties  in  the  State  for  the  support  of  paupers, 
compared  with  their  population  and  the  number  of  paupers  re- 
turned. Whether  this  apparent  inequality  is  produced  by  the 
actual  number  of  paupers,  by  the  length  of  time  they  are  on 
expense,  or  by  a  ditlerent  mode  of  administering  the  law,  can 
only  be  determined  by  a  careful  investigation.  It  may  be  well 
questioned  whether  the  same  caution  and  economy  will  be  ob- 
served by  towns  in  regard  to  the  expenses  incurred  for  the  sup- 
port of  the  poor  within  their  limits,  when  the  State  is  to  pay 
those  expenses,  as  when  the  towns  themselves  are  to  bear  the 
burden.  The  whole  subject  is  one  of  great  importance  to  the 
Commonwealth,  and  I  deem  it  my  duty  to  submit  it  to  your 
deliberate  consideration.      ^ 

The  reports  of  the  several  officers  of  the  State  Prison  repre- 
sent the  affairs  of  that  institution  to  be  in  a  satisfactory  condi- 
tion. The  Warden's  report  shows  an  excess  of  receipts,  over 
the  expenditures,  of  something  more  than  $200 ;  the  preced- 
ing year  the  receipts  fell  short  of  the  expenses  nearly  $5,000. 
A  kind  and  mild  course  of  treatment,  expressly  enjoined  by 
the  humane  laws  of  the  State,  and  inculcated  upon  men  in 
all  situations  in  life  by  that  injunction  of  the  Saviour,  "  do 
unto  others  as  ye  would  that  others  should  do  unto  you," 
evidently  produces  a  salutary  effect  upon  the  prisoners.  Among 
them  there  has  been  a  general  and  willing  observance  of  the 
rules  of  the  prison  ;  and  but  few  cases  have  occurred,  demand- 
ing the  infliction  of  punishment. 

The  moral  discipline  of  the  prison,  under  the  administration 
of  the  chaplain,  aided  by  the  warden  and  other  officers,  is  be- 
lieved to  be  doing  much  good.  It  is  important  that  men,  who 
are  excluded  from  society  for  violating  its  laws,  should  be  made 
to  feel,  that  those  who  are  placed  over  them  do  not  act  as  mas- 
ters and  tyrants,  but  that  they  are  the  reasonable  and  neces- 


GOVERNOR'S  ADDRESS.  675 

sary  instruments  of  the  law,  to  see  that  the  penalties,  which 
they  have  justly  incurred,  are  properly  executed. 

It  is  worthy  of  inquiry  by  the  Legislature,  whether  a  greater 
amount  of  instruction  than  the  prisoners  receive  under  existing 
laws  and  regulations,  would  not  tend  to  further  the  great  ends 
of  all  human  punishment,  the  reformation  of  offenders,  and  the 
prevention  of  crime. 

As  many  juvenile  offenders  are  now  sent  to  the  houses  of 
correction  in  the  several  counties,  would  it  not  be  well  to  au- 
thorize Sunday  school  instruction  to  be  introduced  into  them, 
under  the  direction  of  their  keepers'? 

The  present  militia  system  of  the  Commonwealth,  under 
which  the  able  bodied  men  of  the  State,  between  the  ages  of 
18  and  45,  are  required  to  be  enrolled,  but  not  to  do  active  duty, 
and  under  wliich  a  vokuitary  enHsted  force  of  seven  thousand 
men  is  authorized  to  be  embodied,  armed  at  the  public  expense, 
and  paid  out  of  the  treasury,  a  sum  not  exceeding  six  dollars 
each,  appears  to  me,  to  be  working  well. 

The  enrolled  militia  of  the  Commonwealth  amount  to  81,441 
men  ;  the  enlisted  or  volunteer  corps,  to  6,372.  I  hope  the  ex- 
isting laws  will  be  permitted  to  remain  imaltered  in  any  essen- 
tial feature,  until  their  practical  operation  can  be  fairly  tested. 
During  the  autumn,  I  witnessed  the  reviews  of  four  of  the  six 
brigades  of  the  volunteer  militia,  and  was  much  gratified  with 
their  general  fine  condition.  Their  tasteful  and  appropriate 
uniforms,  their  discipline,  and  soldier-like  appearance,  did  great 
credit  to  themselves  and  honor  to  the  State.  It  seems  to  me  the 
present  organization  will  furnish  a  well  trained  and  disciplined 
corps,  sufficient  for  all  the  purposes  of  a  time  of  peace,  and  a 
nucleus  around  which  the  enrolled  men  may  be  readily  formed 
in  time  of  war. 

Th;  present  intelligent  and  energetic  Adjutant  General  has 
done  much  to  give  order  and  efficiency  to  the  system.  By  this 
deserved  compliment  to  that  oflicer,  I  by  no  means  intend  to 
reflect  the  least  discredit  upon  his  predecessors,  with  whose 
official  conduct  I  was  not  acquainted. 

The  subject  of  popular  education  with  the  people  of  Massa- 
chusetts, is  now,  as  it  always  has  been,  one  of  surpassing  in- 
terest. It  rises  above  all  party  considerations,  all  sectarian 
feelings,  and  all  local  and  sectional  interests.  The  character 
and  destiny  of  each  succeeding  generation,  are,  in  a  great  de- 
gree, moulded  and  fixed  in  the  district  school-house.  No  higher 
purpose  can  engage  your  attention  than  the  elevation  of  the 
standard  of  our  Common  Schools.  Much  improvement  h'as 
taken  place  within  the  last  few  years,  in  respect  to  the  quali- 
fications of  teachers,  the  mode  of  government,  the  construction 
of  school-houses,  the  furnishing  of  libraries,  the  average  num- 
ber of  scholars  who  attend,  the  average  length  of  schools,  and 
in  exciting  in  the  public  mind  an  increased  attention  to  the  im- 
portance of  the  subject. 


676  GOVERNOR'S  ADDRESS. 

There  yet  remains,  however,  a  great  work  to  be  done.  The 
highest  interests  of  our  children  and  the  race  demand  that  it 
should  not  be  postponed  or  neglected.  The  influence  of  Normal 
Schools,  though  as  yet  they  have  been  but  imperfectly  organ- 
ized and  partially  developed,  is  favorably  felt  so  far  as  that 
influence  has  reached.  Numerous  reports,  from  districts  in 
which  Normal  teachers  have  been  employed,  speak  in  terms 
very  gratifying  and  encouraging  to  the  friends  of  that  system 
of  instruction.  Of  the  ultimate  success  of  the  plan  in  perfect- 
ing the  character  of  teachers,  and  improving  the  whole  system 
of  popular  education,  wherever  it  may  be  thoroughly  tested,  I 
cannot  entertain  a  doubt. 

The  i.egislature  of  New  York  have  authorized  an  expendi- 
ture, and  entered  upon  a  course  to  test  its  utility,  worthy  of  the 
cause  and  of  the  government  of  that  great  and  enlightened 
State. 

The  abstract  of  the  returns  of  the  school  committees  in  our 
towns,  and  the  reports  of  the  talented,  distinguished  and  inde- 
fatigable Secretary  of  the  Board  of  Education,  which  are  an- 
nually laid  before  the  Legislature,  to  be  printed  and  circulated 
throughout  the  Commonwealth,  are  disseminating  a  mass  of 
information  of  inappreciable  value. 

It  wall  appear,  from  the  report  of  the  Secretary  for  the  last 
year,  that  the  average  number  of  absences  from  school,  includ- 
ing both  summer  and  winter,  is  more  than  one  third  of  all  the 
children  in  the  State,  between  the  ages  of  four  and  sixteen 
years.  There  are  probably  in  the  State,  from  five  to  ten  thou- 
sand children  between  those  ages,  who  do  not  attend  school  at 
all  during  the  year.  This  is  a  startling  fact.  The  regret  for 
this  sad  delinquency  is  deepened  by  the  consideration,  that 
nearly  the  whole  of  this  number  are  the  children  of  the  poor, 
for  whose  instruction  the  most  ample  provision  is  made  by  ex- 
isting laws.  That  the  Commonwealth  has  done  her  duty  in 
this  respect  towards  all  her  children,  will  appear  from  the  fact, 
that  the  money  raised  by  the  towns  for  the  support  of  schools 
amounted  to  $550,000,  and  that  the  whole  sum  paid  for  educa- 
tion in  its  various  branches  within  the  State,  exceeded  a  million 
of  dollars. 

How  shall  this  great  evil  be  remedied  1  What  legislator  can 
be  indifferent  to  it  7  Has  a  man  a  right  to  bring  up  his  family 
in  ignorance  when  the  public,  at  its  own  expense,  has  furnished 
the  means  to  educate  and  enlighten  them?  How  can  he  repair 
the  injury  which  such  neglect  brings  upon  those  children  and 
their  neighbors?  He  will  be  a  public  benefactor  indeed,  who 
shall  be  instrumental  in  bringing  those  immortal  beings,  grow- 
ing up  in  ignorance  and  crime,  to  the  fountains  of  instruction 
and  knowledge,  opened  for  them  without  money  and  without 
price. 

If  these  neglected  thousands  were  always  to  remain  chil- 
dren, the  consequences  to  society  would  be  less  disastrous.    Bu 


GOVERNOR'S  ADDRESS.  677 

ignorant  and  untaught  children  will  grow  up  to  be  ignorant 
and  vicious  men  and  women.  They  will  propagate  vice  and 
ignorance.  The  public  peace,  the  public  morals,  and  the  pub- 
lic prosperity  will  suffer  by  them,  and  they  will  become  a  liv- 
ing reproach  to  the  State.  I  am  sure  that  no  measure  which 
your  wisdom  can  suggest  to  mitigate  this  evil,  will  be  left 
untried. 

I  cannot  forbear  to  call  your  attention  to  the  remnants  of  the 
Indian  tribes  who  yet  linger  among  us.  These  poor  remains 
of  a  race,  who  once  were  the  lords  of  our  mountains,  and  val- 
leys, and  islands,  are  objects  of  peculiar  interest,  and  should 
attract  special  attention  and  care.  A  few  years  since  they 
were  sunk  by  intemperance,  that  curse  alike  of  the  savage  and 
civilized  man,  to  the  lowest  depths  of  wretchedness  and  degra- 
dation. The  temperance  reformation  has  been  to  them  a  great 
blessing.  Their  condition  has  much  improved.  They  culti- 
vate their  lands  much  better  than  formerly,  have  schools  among 
them,  organized  churches  and  religious  teachers  of  their  own. 
Some  of  them  are  good  fishermen  and  whalemen.  Necessity 
has  compelled  them  to  abandon  the  pursuits  of  their  fathers, 
and  but  very  few  can  speak  or  understand  their  native  lan- 
guage. They  look  up  to  the  government  of  the  State  for  en- 
couragement and  support. 

Nothing  which  the  paternal  care  of  the  Legislature  can  do 
to  improve  their  condition,  elevate  their  character,  protect  them 
in  the  enjoyment  of  their  lands,  and  shield  them  from  the  en- 
croachments of  unprincipled  white  men,  should  be  omitted. 

In  his  recent  annual  message  to  Congress,  the  President  of 
the  United  States  again  brings  forward  the  proposition  to  an- 
nex Texas  to  the  Union,  and  recommends  it  with  great  earn- 
estness, 

A  high  public  functionary  of  the  General  Government  most 
evidently  presses  the  immediate  adoption  of  the  measure,  from 
the  apprehension  that  a  delay  may  result,  in  some  way  or  other, 
in  the  abolition  of  slavery  in  Texas.  This  idea  is  manifest  in 
several  of  his  official  communications.  It  is  too  obvious  to  re- 
quire argument,  that  slavery,  with  the  considerations  connected 
with  it,  is  the  leading  motive  which  impels  the  movement  for 
the  hasty  consummation  of  this  important  measure.  In  the 
letter  of  Mr.  Murphy,  the  representative  of  the  United  States 
to  Texas,  of  the  23d  September,  1843,  to  Mr.  Upshur,  Secretary 
of  State,  he  says,  "  England  is  anxious  to  get  rid  of  the  con- 
stitution of  Texas  because  it  secures,  in  the  most  nervous  and 
clear  language,  the  j-iffhts  of  the  tnaster  to  his  slave,  6^c.  Now 
all  the  United  States  has  to  do,  is  to  aid  the  people  of  Texas 
in  sustaining  their  constitution  ;  that  constitution,  which,  while 
it  effectually  secures  the  rights  of  the  waster,  secures  to  the 
people  the  blessings  of  civil,  political  and  religious  liberty.  Say 
nothing  therefore  which,  can  offend  even  our  fanatical  brethren  of 
the  North;  let  the  United  States  at  once  espouse  the  cause  of 


678  GOVERNOR'S  ADDRESS. 

civil,  political  and  religious  liberty  in  this  hemisphere.  This 
will  he  found  to  he  the  safest  issue  to  go  hefore  the  ivorld  with. 
On  this  issue  we  can  defy  the  world,  and  the  decision  in  our 
favor  gains  all  we  want  to  gain."  In  his  letter  of  the  24th 
September,  to  Mr.  Upshur,  Mr.  Murphy  says,  "Take  this  po- 
sition on  the  side  of  the  constitution  and  the  laws,  and  the  civil, 
political  and  religious  liberties  of  the  people  of  Texas,  secured 
thereby  {sayi7ig  riothing  about  abolition),  and  all  the  world  will 
be  with  you."  The  annexation  of  Texas  will  open  an  exten- 
sive and  profitable  market  for  the  surplus  slaves  of  the  South, 
and  increase  the  political  power  of  that  portion  of  the  Union 
by  bringing  into  it  new  slave  States.  The  territory  is  exten- 
sive enough  to  make  five  States  of  the  largest  class,  or  a  much 
greater  number  of  smaller  ones.  If  there  was  no  such  question 
as  slavery  involved  in  the  project,  and  it  was  free  from  con- 
stitutional objections,  the  danger  arising  from  the  extension  of 
our  territory,  already  large  enough,  would  seem  to  me  to  out- 
weigh all  the  arguments  in  its  favor. 

But  in  the  aspect  which  the  subject  now  actually  presents, 
ought  the  free  Slates  of  this  Union  to  give  their  consent  to  it? 
In  the  apportionment  of  Representatives  in  the  Congress  of  the 
United  States,  among  the  several  States,  the  Constitution  gives 
to  five  slaves  the  same  power  as  to  three  freemen.  The  practi- 
cal effect  of  that  provision  is,  at  this  time,  to  give  to  the  prop- 
erty of  the  slaveholding  States  twenty-two  Representatives  in 
the  popular  branch  of  the  Federal  Legislature.  The  2,487,355 
slaves,  the  property  of  the  Southern  States  under  the  present 
apportionment,  are  the  basis  of  a  representation,  equal  to 
1,4'.12,112  freemen  in  the  non-slaveholding  States.  To  compen- 
sate for  this  great  advantage  to  the  slave  States,  the  constitu- 
tion directs  that  representatives  and  direct  taxes  must  be  appor- 
tioned among  the  States  in  the  same  way.  So  far  as  it  relates 
to  direct  taxes,  it  is  known  that  this  article  in  the  constitution 
is  a  dead  letter.  Thus  all  the  benefit  has  resulted  to  one  party 
to  the  compromise. 

Massachusetts,  as  a  State,  ever  has  maintained,  and  ever  will 
maintain,  the  whole  of  the  Constitution  of  the  United  States. 
AH  her  people  love  and  respect  it.  Hard  and  unequal  as  she 
considers  this  feature  of  that  honored  instrument,  she  will  bow 
to  it  with  reverence  so  long  as  it  remains  the  supreme  law  of 
the  land.  She  regards  all  the  guaranties  of  the  Constitution, 
whether  they  relate  to  the  institutions  of  the  North  or  the 
South,  as  equally  binding  upon  every  member  of  the  Union. 
She  will  stand  by  the  Union  and  the  Constitution  as  they  were 
formed,  let  them  be  assailed  from  what  quarter  they  may,  and 
with  inviolable  fidelity  perform  all  her  obligations  towards 
them. 

The  statesmen  from  the  free  States^,  in  the  convention  which 
made  the  Constitution,  and  many,  if  not  most  of  those  from  the 
planting  States,  looked   to  the  early  termination  of  slavery,  in 


GOVERNOR'S  ADDRESS.  679 

the  States  where  it  existed,  from  the  action  of  the  States  them- 
selves. In  this  they  have  been  disappointed.  Since  that  time 
thirteen  new  States  have  been  admitted  into  the  Union.  Seven 
of  those  thirteen  are  slave  States,  and  three  of  those  seven  have 
been  formed  out  of  territory  purchased  by  the  common  treasure 
of  the  Union,  since  the  adoption  of  the  Constitution.  The  free 
States  are  now  called  upon  to  forge  new  fetters  for  themselves, 
and  to  confer  additional  power  and  influence  upon  the  slave 
States,  by  the  annexation  of  a  foreign  government,  with  terri- 
tory enough  out  of  which  to  form  new  States  sufficient  to  give 
that  portion  of  the  confederacy  an  entire  control,  at  least  in  one 
branch  of  the  government,  in  the  political  afiairs  of  the  Union. 
Having  failed  to  accomplish  the  object  by  the  treaty  making 
power,  it  is  now  proposed  to  be  done  by  the  passage  of  a  joint 
resolution.  The  lowest  price  named  to  be  paid  for  this  acqui- 
sition is  ^10,000,000.  If  the  act  is  done,  no  one  can  estimate 
the  amount  of  money  it  will  cost  this  republic.  And  there  is 
too  much  reason  to  fear  that  war,  with  all  its  horrors,  will  be 
one  of  its  consequences. 

This  bold  proposition  comes  from  men  who  are  the  strong 
advocates  of  a  strict  construction  of  the  Constitution  of  the 
United  States.  In  what  part  of  that  instrument  is  found  the 
power,  for  any  or  all  the  departments  of  the  Federal  Govern- 
ment, by  treaty,  law  or  resolution,  to  annex  a  foreign  state  or 
territory  to  this  Union  ?  The  Constitution  confers  the  power 
on  Congress  to  "  admit  wew?,"  but  not  foreign,  "  States  into  the 
Union."  "  Congress  has  the  power  to  dispose  of,  and  make  all 
needful  rules  and  regulations  respecting  the  territory  or  other 
property  belonging  to  the  United  States,"  but  not  to  purchase 
or  annex  foreign  territory. 

The  situation  of  the  States  and  Territories  of  the  Union,  at 
the  adoption  of  the  Constitution,  and  the  language  of  the  whole 
paragraph  from  which  I  have  quoted,  repel  the  idea  of  the 
power  claimed  by  the  advocates  of  annexation.  When  the  ter- 
ritory of  Louisiana  was  purchased,  Mr.  Jefferson,  under  whose 
administration  it  look  place,  expressly  declared  there  was  no 
constitutional  warrant  for  the  act.  That  act  has  no  authority 
as  a  precedent  for  the  constitutional  power  claimed  in  this  case. 

The  friends  of  the  measure  tell  us  that  its  success  Avould 
open  a  new  and  valuable  market  for  northern  manufactures. 
This  argument  is  put  forth  by  the  stout  supporters  of  the  doc- 
trine of  free  trade,  which,  if  carried  out,  would  throw  open  the 
present  markets  of  our  own  country  to  the  competition  of  the 
manufactures  of  the  whole  world.  And  if  Texas  is  admitted, 
it  is  to  bring  into  the  Union,  states  whose  opinions  are  expected 
to  harmonize  with  those  who  resist  the  protection  of  American 
labor  in  every  form.  But  looking  beyond  the  benefits  to  our 
own  country,  the  measure  is  urged  because  it  is  necessary  to 
spread  the  blessings  of  a  liberal  government  over  the  people  of 
that  territory,  and  "to  extend  the  area  of  human  freedom." 


680  GOVERNOR'S  ADDRESS. 

It  is  proposed  to  extend  the  area  of  human  freedom,  by  enlarg- 
ing the  hmits,  and  "rendering  secure  and  permanent"  the 
institution  of  human  slavery.  It  is  difficult  to  say  of  this 
argument  which  is  the  most  striking,  its  humanity  or  its  logic. 

But  where  is  this  passion  for  extending  the  boundaries  of  the 
republic  to  stop?  AH  history  instructs  us,  that  that  spirit  of 
acquisition,  which  is  another  name  for  ambition,  whether  it 
exhibits  itself  by  the  conquests  of  armies,  or  in  the  arts  of 
diplomacy,  when  it  should  possess  itself  of  Texas,  would  look 
to  the  provinces  and  territories  beyond  it.  These  lovers  of 
liberty  and  the  race,  who  see  such  glories  in  uniting  Texas  to 
the  United  States,  would  still  burn  with  the  desire  to  extend 
the  area  of  freedom,  by  acquiring  new  territory,  and  be  impa- 
tient to  give  the  blessings  of  liberty  to  the  city  and  country  of 
Montezuma,  by  planting  there  the  institution  of  negro  slavery. 
If  any  doubt  that  this  would  be  the  case,  let  them  remember 
the  purchase  of  Louisiana  and  Florida,  and  look  at  the  present 
movement  for  the  annexation  of  Texas.  If  this  spirit  is  not 
checked  and  controlled,  we  may  read  in  the  fate  of  former 
republics  the  destiny  of  our  own.  That  thirst  for  conquest 
and  for  glory,  which  carried  the  arms  of  Rome  to  the  ends  of 
the  earth,  at  last  brought  the  haughty  barbarian  to  the  gate  of 
the  Eternal  City,  and  humbled  the  proud  Roman  at  his  feet. 

Of  the  injustice,  unconstitutionality  and  inadmissibility  of 
the  annexation  of  Texas  to  the  United  States,  "  under  any 
circumstances  whatever,"  the  people  of  Massachusetts,  by  the 
united  voice  of  two  successive  Legislatures,  have  expressed 
their  opinion  in  the  most  solemn  and  impressive  manner.  For 
the  honor  of  her  name,  and  the  justice  of  the  cause,  it  is 
hoped  she  will  remain  firm  and  immovable  in  her  position. 

In  my  annual  communication  to  your  predecessors,  I  ex- 
pressed the  opinion  that  serious  inconvenience  had  been  pro- 
duced to  the  people  of  this  country  by  too  much  legislation. 
Reflection  has  strengthened  that  opinion.  In  this  Common- 
wealth, with  the  most  numerous  House  of  Representatives,  ac- 
cording to  our  population,  upon  the  face  of  the  earth,  to  the 
evils  of  uncertain  and  constantly  changing  laws,  is  added  the 
expense  attendant  upon  protracted  sessions.  In  a  state  of 
society  like  that  in  Massachusetts,  it  would  seem  strange  that 
one  fourth  part  of  the  time  should  be  spent  in  making  laws. 
Yet  such  has  been  the  fact  with  regard  to  us  for  the  last  twenty 
years. 

To  avoid  these  evils,  I  respectfully  but  earnestly  recommend 
to  you  to  bring  your  labors  to  a  close  in  the  shortest  term  con- 
sistent with  the  public  interest.  I  am  sure  such  a  course  will 
meet  the  approbation  of  our  constituents.  A  strict  economy, 
carried  out  by  withholding  the  appropriation  of  the  public 
money  from  any  and  every  object  not  called  for  by  the  public 
good,  is  as  clearly  the  duty  of  those  who  have  the  revenue  of 
the  Commonwealth  in  their  care,  as  it  is  their  duty  to  expend 


MESSAGES.  681 

that  money  for  all  purposes  that  will  promote  the  prosperity 
and  the  lasting  and  permanent  interests  of  the  people.  Faith- 
ful public  servants  will  neither  fail  to  do  the  one,  nor  shrink 
from  the  performance  of  the  other. 

Gentlemen  of  the  Senate  and  House  of  Representatives  : 

In  our  Constitution  and  Frame  of  Government,  the  appropriate 
duties  of  the  Executive  and  Legislative  branches  are  clearly 
pointed  out  and  defined.  An  enquiring  and  honest  mind  can 
hardly  mistake  them.  Let  us  then  repair  to  the  posts  assigned 
us.  In  discharging  the  high  trusts  committed  to  us  by  our 
common  constituents,  let  us  keep  fully  in  view  the  interests  of 
the  whole  people  of  the  Commonwealth. 

For  perfecting  measures  intended  to  carry  out  the  great  and 
beneficent  purposes  of  the  Constitution,  I  tender  you  my  prompt 
cooperation. 


MESSAGES. 


To  the  House  of  Representatives : 

In  March,  1813,  the  Legislature  of  this  Commonwealth 
passed  Resolves  authorizing  the  Governor,  with  the  advice  and 
consent  of  the  Council,  to  appoint  agents  in  the  city  of  Charles- 
ton, in  the  State  of  South  Carolina,  and  New  Orleans,  in  the 
State  of  Louisiana,  to  collect  and  transmit  accurate  information 
as  to  the  number  and  names  of  citizens  of  Massachusetts,  who 
may  have  been  imprisoned  in  either  of  those  cities  without  the 
allegation  of  any  crime ;  and  those  resolutions  authorized  the 
agent  to  bring  one  or  more  suits  in  behalf  of  persons  thus  im- 
prisoned, at  the  expense  of  the  Commonwealth. 

Under  those  Resolves,  my  predecessor  appointed  two  persons 
successively  in  the  city  of  New  Orleans,  and  one  in  the  city  of 
Charleston,  all  of  whom  declined  serving  as  agents  under  their 
appointments. 

Ill  March,  1844,  an  additional  Resolve  was  passed  authorizing 
the  appointment  of  agents  to  reside  ii:  the  cities  above  named, 
for  the  purpose  of  carrying  out  the  object  of  the  first  named 
resolves. 

After  the  adjournment  of  the  Legislature,  an  agent  living  in 

each  of  those  cities  was  appointed,  and  commissions  were  sent 

them.     They   both  declined    the   trust.     In   compliance   with 

what  was  deemed  to  bs  the  intention  and  direction  of  the  Le- 

87 


682  MESSAGES. 

gislature,  that  agents  should  be  appointed,  I  nominated  the 
Hon.  Samuel  Hoar,  of  Concord,  to  the  agency  in  South  Caro- 
lina, and  the  Hon.  Henry  Hubbard,  of  Pittsfield,  to  the  agency 
in  Louisiana.  Their  nominations  having  been  confirmed  by 
the  Council,  they  were  appointed  and  commissioned  accord- 
ingly. 

In  November,  Mr.  Hoar  left  the  Commonwealth,  and  pro- 
ceeded to  Charleston,  in  the  discharge  of  the  duties  of  his 
agency.  On  reaching  Charleston,  he  addressed  a  note  to  the 
Governor  of  the  State,  in  respectful  terms,  informing  him  of  his 
appointment,  and  the  nature  of  the  duties  he  had  to  perform. 

How  this  agent  of  the  Commonwealth  was  regarded  and 
treated  by  the  authorities  of  South  Carolina,  will  be  shown  by 
the  official  proceedings  of  her  Legislature  embodied  in  a  Report, 
and  a  series  of  Resolutions  which  I  have  since  received  from 
the  Governor  of  the  State,  and  which  I  herewith  transmit  to 
you.  I  also  communicate  to  you  a  report  from  Mr.  Hoar,  giv- 
ing an  account  of  his  attempt  to  execute  the  trnst  committed 
to  him,  and  of  his  treatment  by  the  citizens  of  Charleston. 

In  the  second  section  of  an  act  of  the  Legislature  of  South 
Carolina,  passed  on  the  29th  day  of  December,  1S35,  it  is 
enacted,  '-That  it  shall  not  be  lawful  for  any  free  negro,  or 
person  of  color,  to  come  into  ihis  State,  on  board  any  vessel  as 
a  cook,  steward  or  mariner,  or  in  any  other  employment  on 
board  such  vessel ;  and  in  case  any  vessel  shall  arrive  in  any 
port  or  harbor  of  this  State,  from  any  other  State  or  foreign 
port,  having  on  board  any  free  negro  or  person  of  color,  em- 
ployed on  board  such  vessel,  as  a  cook,  steward,  or  mariner,  or 
in  any  other  employment,  it  shall  be  the  duty  of  the  sheriff  of 
the  district  in  which  such  port  or  harbor  is  situated,  immedi- 
ately on  the  arrival  of  such  vessel,  to  apprehend  such  free  negro 
or  person  of  color,  so  arriving  contrary  to  this  act,  and  to  con- 
fine him  or  her  closely  in  jail,  until  such  vessel  shall  be  hauled 
off  from  the  wharf  and  ready  to  proceed  to  sea.  And  that 
when  said  vessel  is  ready  to  sail,  the  captain  of  the  said  vessel 
shall  be  bound  to  carry  away  the  said  free  negro  or  person  of 
color,  and  to  pay  the  expenses  of  his  or  her  commitment." 

Under  this  extraordinary  law  many  of  our  colored  citizens, 
who  have  entered  the  port  of  Charleston  on  board  our  vessels, 
in  the  pursuit  of  a  lawful  commerce,  and  complying  with  all 
the  provisions  of  the  laws  of  the  United  States  regulating  com- 
merce among  the  States,  have  been  from  time  to  time  seized  by 
the  officers  of  that  State,  taken  from  their  ships,  and  confined 
in  their  public  prisons  until  their  vessels  were  ready  to  depart, 
when  they  were  compelled  to  pay  tbe  expense  of  their  deten- 
tion. The  color  of  their  skin  was  the  only  offence  which  sub- 
jected those  citizens  to  a  felon's  treatment. 

The  Legislature  and  people  of  Massachusetts  believe  that 
law  of  South  Carolina  to  be  in  direct  and  palpable  violation  of 
that  clause  of  the  Constitution  of  the  United  States,  which  de- 


MESSAGES.  683 

clares  that  "  the  citizens  of  each  State  shall  be  entitled  to  all 
the  privileges  and  immunities  of  citizens  of  the  several  States," 
and  also  of  that  part  of  the  Constitution,  which  confers  upon 
Congress  the  power  "  to  regulate  commerce  with  foreign  na- 
tions, amotig  the  several  ^tatcs^  and  with  the  Indian  tribes." 
With  a  view  to  prevent  the  repetition  of  these  wrongs  upon  her 
own  citizens,  under  what  she  considered  the  harsh  and  uncon- 
stitutional law  of  a  sister  State,  Massachusetts  wished,  in  the 
manner  pointed  out  in  the  Resolves  of  her  Legislature,  and 
which  she  considered  perfectly  respectful  to  that  sister  State,  to 
bring  the  question  of  the  constitutionality  of  that  law  before 
the  Supreme  Court  of  the  United  States,  the  appointed  tribunal 
of  this  Union,  to  settle  questions  of  this  kind. 

The  late  William  Wirt,  when  he  was  Attorney  General  of 
the  United  States,  was  called  upon  by  the  Secretary  of  State, 
for  his  opinion  of  a  law  of  the  State  of  South  Carolina,  which 
in  principle,  and  in  its  essential  features,  was  the  same  as  the 
present  law.  In  that  opinion,  he  said,  "  it  seems  very  clear  to 
me  that  this  section  of  the  law  of  South  Carolina  is  incompatible 
with  the  national  constitution  and  the  laws  passed  under  it,  and 
is  therefore  void  J' 

A  subject  of  the  British  government  was  imprisoned  in 
Charleston,  under  this  law  of  South  Carolina,  and  his  case 
was  brought  before  the  late  learned  and  distinguished  William 
Johnson,  a  judge  of  the  Supreme  Court  of  the  United  States, 
for  his  adjudication  and  decision.  Judge  Johnson  was  then  a 
citizen  of  South  Carolina  and  a  resident  of  Charleston.  He 
was  familiar  with  this  remarkable  law,  the  circumstances  under 
which  it  was  passed,  and  the  reasons  urged  in  its  favor  by  its 
supporters.  No  one  could  charge  him,  any  more  than  they 
could  Mr.  Wirt,  with  hostility  to  the  domestic  institutions  of  the 
State. 

In  a  very  able  and  elaborate  opinion  pronounced  in  that  case 
he  said,  "  But  it  was  not  necessary  to  give  this  candid  expose 
of  the  grounds  which  this  law  assumes,  for  it  is  a  subject  of 
positive  proof  that  it  is  altogether  irreconcilable  with  the  pow- 
ers of  the  General  Government,  that  it  necessarily  compromits 
the  public  peace,  and  tends  to  embroil  us  with,  if  not  separate 
us  from,  our  sister  States  ;  in  short,  that  it  leads  to  a  dissolution 
of  the  Union,  and  implies  a  direct  attack  upon  the  sovereignty 
of  the  United  States."  And  further  he  says,  "  Upon  the  whole, 
I  am  decidedly  of  opinion,  that  the  third  section  of  the  State 
act  now  under  consideration  is  unconstitutional  and  void,  and 
that  every  arrest  made  under  it,  subjects  the  parties  making  it, 
to  an  action  of  trespass." 

Under  a  law  thus  characterized  by  these  eminent  jurists,  the 
citizens  of  Massachusetts  have  been  imprisoned  in  the  jails  of 
South  Carolina.  To  prevent  a  continuance  of  this  injustice  to 
her  unoffending  and  peaceful  citizens,  she  sought  by  the  means 
pointed  out  in  the  Resolves  above  referred  to,  to  aid  them  to 


684  MESSAGES. 

bring  their  case  before  the  common  judicial  tribunal  of  the 
Union  for  its  decision.  For  pursuing  this  course,  every  step  of 
which  has  been  friendly,  constitutional,  and  respectful  to  the 
State  of  South  Carolina,  and  her  authorities,  the  Legislature  of 
that  State  has  seen  lit  to  denounce  her  in  no  measured  terms, 
and  to  ascribe  to  her  motives  entirely  foreign  from  the  real  and 
avowed  ones  under  which  she  acted,  and  to  say  that,  "our 
agent  came  there,  not  as  a  citizen  of  the  United  States,  but  as 
the  emissary  of  a  foreign  government,  hostile  to  their  domestic 
institutiojis,  and  with  the  sole  purpose  of  subverting  their  in- 
ternal poHce ;"  and  then  proceed  to  pass  resolutions  expelling 
that  agent  from  their  State.  There  is  nothing  in  any  part  of 
the  proceedings  of  Massachusetts,  that  can  be  tortured  into  the 
evidence  of  any  such  purpose,  as  is  unjustly  ascribed  to  them  ; 
and  the  conduct,  the  private  and  public  character  of  that  agent 
who  was  compelled  to  leave  the  State  by  the  demonstration  of 
popular  violence  in  the  city  of  Charleston,  was  a  pledge  that 
he  was  incapable  of  interfering  with  the  domestic  institutions 
of  another  State.  The  conduct  of  Mr.  Hoar,  under  the  circum- 
stances, seems  to  me  to  have  been  marked  by  that  prudence, 
firmness,  and  wisdom  which  have  distinguished  his  character 
through  his  life.  Who  can  fail  to  perceive  that  this  course  of 
South  Carolina  to  sustain  and  enforce  such  a  law,  directly 
leads  to  what  her  own  eminent  jurist,  with  judicial  and  pro- 
phetic wisdom,  declared  would  be  its  consequences? 

In  a  report  made  by  a  committee  of  the  House  of  Represen- 
tatives of  the  United  States  upon  this  subject  some  two  or 
three  years  since,  the  committee  say  "  it  seems  to  be  under- 
stood that  the  application  of  these  laws  to  foreign  vessels  has 
of  late  years  been  suspended."  If  this  is  the  case,  v/hat  reason 
.  can  be  assigned  for  this  discrimination  between  the  vessels  of 
sister  States  coming  into  their  ports  under  the  laws  of  Congress 
regulating  commerce  among  the  States,  and  foreign  vessels 
coming  into  the  same  ports  under  the  laws  regulating  com- 
merce with  foreign  nations?  Can  it  be  doubted  that  if  the  au- 
thorized agent  of  a  foreign  government,  sent  to  Charleston  to 
procure  the  liberation  by  peaceful  and  legal  means  of  a  subject 
imprisoned  under  those  laws  of  South  Carolina,  had  received 
such  treatment  as  the  agent  of  Massachusetts  met  with,  that 
government  would  have  been  justified  by  the  usages  of  nations 
in  sending  a  ship  of  war  to  seek  redress  by  battering  down  the 
walls  of  the  prison  that  held  their  injured  subject  ?  In  the  re- 
port adopted  by  her  Legislature,  it  is  said  that  South  Carolina 
by  entering  into  the  Union  '•  yielded  the  right  to  keep  troops  or 
ships  of  war,  in  time  of  peace  without  the  consent  of  Congress." 
Did  it  not  occur  to  the  Legislature  of  that  State  during  the 
progress  of  those  extraordinary  proceedings,  that  their  sister 
States  had  also  '•  yielded  their  right  to  keep  troops  and  ships  of 
war  in  time  of  peace,"  and  that  their  hands  were  tied  by  their 
obligations  to  that  Union,  from  pursuing  that  course  to  obtain 


MESSAGES.  685 

redress  for  indignities  offered  to  themselves  and  wrongs  done 
to  their  citizens,  which  is  open  to  all  foreign  States  and  na- 
tions ?  Such  a  reflection  would  seem  naturally  to  suggest  itself 
to  the  people  of  a  brave  and  high-minded  State. 

What  course  it  becomes  Massachusetts  to  pursue  under  the 
circumstances  of  this  case,  will  be  for  her  Legislature  to  decide, 
I  have  no  doubt  she  will  with  firmness  and  dignity  maintain 
all  her  constitutional  rights,  and  whilst  she  holds  herself  bound 
to  respect  the  rights  of  her  sister  States,  and  to  discharge  to- 
wards them  and  the  Union  all  her  obligations,  she  will  claim 
from  them  the  fulfilment  of  all  their  obligations  to  her.  In  the 
unyielding  pursuit  of  these  objects  I  am  sure  she  will  do 
nothing  unworthy  of  herself,  or  derogatory  to  the  character  of 
the  confederacy  of  which  she  is  a  member. 

The  papers  from  South  Carolina  and  the  letter  of  Mr.  Hoar, 
being  transmitted  in  the  original,  I  respectfully  request  that 
they,  together  with  this  message,  may  bo  communicated  by  the 
Honorable  House  to  the  other  branch  of  the  Legislature. 

GEORGE  N.  BRIGGS. 

Council  Chamber  ;  January  6ih,  1845. 


To  the  House  of  Representatives  : 

I  herewith  transmit  to  the  Honorable  House,  for  the  informa- 
tion of  the  two  houses,  the  following  documents  received  by 
me,  since  the  last  session  of  the  General  Court : 

1.  Resolutions  of  the  General  Assembly  of  Maryland,  "  in 
relation  to  the  power  of  Congress  under  the  Constitution  of  the 
United  States,  to  interfere  with  or  control  the  domestic  institu- 
tions of  the  several  States ;"  also  to  certain  proceedings  of  the 
Legislature  of  Massachusetts,  therein  referred  to. 

2.  "Preamble  and  Resolutions  of  the  Legislature  of  Ken- 
tucky, in  respect  to  certain  Resolutions  of  the  Massachusetts 
Legislature,  relating  to  an  Amendment  of  the  Constitution  of 
the  United  States;"  also  "Preamble  and  Resolutions  in  rela- 
tion to  the  admission  to  seats  in  the  House  of  Representatives 
of  Congress,  of  persons  not  elected  by  law." 

3.  A  protest  of  the  State  of  Rhode  Island  against  the  inter- 
ference of  Congress  with  the  internal  government  and  Consti- 
tution thereof 

4.  Resolutions  of  the  State  of  Georgia,  "  relative  to  repudia- 
tion of  State  debts ;"  also,  "Resolutions  relating  to  the  exchange 
of  documents  with  other  States." 

5.  Resolutions  of  the  State  of  Connecticut,  concerning  the 
Annexation  of  Texas,  the  repudiation  of  State  debts,  and  the 
assumption  of  State  debts. 

6.  Resolutions  of  the  State  of  New  Hampshire,  concerning 
the  Annexation  of  Texas ;  also  Resolutions  relating  to  the  im- 
prisonment of  Thomas  W.  Dorr,  in  Rhode  Island. 


686  MESSAGES. 

7.  The  Annual  Return  of  the  Adjutant  General,  showing  the 
state  of  the  military  force  of  the  Commonwealth,  and  the  pre- 
sent condition  of  the  arsenals,  and  the  arms  and  munitions 
therein. 

8.  Report  of  the  Land  Agent  of  the  Commonwealth. 

9.  The  Annual  Reports  of  the  Inspectors,  Warden,  Chaplain 
and  Physician  of  the  State  Prison, 

10.  Report  of  the  Commissioners  appointed  under  a  Resolve  of 
March  24,  1843,  to  locate  grants,  and  determine  the  extent  of 
possessory  claims,  under  the  late  treaty  with  Great  Britain. 

11.  Copy  of  a  communication  addressed  to  the  Secretary  of 
State  of  the  United  States,  signed  by  certain  citizens  of  the 
State  of  Maine,  relating  to  the  recent  action  of  the  authorities 
of  the  Province  of  New  Brunswick,  respecting  the  passing  of 
lumber  down  the  river  St.  John's,  under  the  provisions  of  the 
treaty  of  Washington. 

12.  Memorial  of  the  New  York  Historical  Society,  request- 
ing that  they  may  be  furnished  with  copies  of  all  Legislative 
documents  which  have  been  or  may  be  published  for  the  use  of 
said  institution. 

The  above  named  documents  being  all  transmitted  in  the 
original,  it  is  respectfully  requested  that  they  may  be  commu- 
nicated by  the  House  to  the  other  branch  of  the  Legislature. 

Council  Chamber  ;  Ja?i.  6,  1845. 


To  the  Senate : 

The  Commonwealth  has  been  cited  to  appear  at  the  Supreme 
Court  of  the  United  States,  now  holden  in  the  city  of  Washing- 
ton, in  the  District  of  Columbia,  in  pursuance  of  two  writs  of 
error  filed  in  the  clerk's  office  of  our  Supreme  Judicial  Court, 
at  Ipswich,  in  the  county  of  Essex,  in  one  of  which  cases  Ben- 
jamin Kimball,  and  in  the  other  William  Perley  is  plaintiff,  and 
the  Commonwealth  is  defendant  in  error. 

It  is  understood  that  the  constitutionality  of  one  or  more  of 
the  statutes  of  this  Commonwealth  is  involved  in  the  above 
named  cases. 

The  Executive  does  not  feel  authorized  to  employ  counsel  to 
appear  in  those  cases,  without  the  directions  of  the  Legislature, 
and  the  subject  is  respectfully  submitted  to  their  consideration. 

Council  Chamber  ;  January  8,  1845. 

To  the  Senate : 

In  compliance  with  the  request  of  the  Honorable  Senate,  in 
its  order  of  the  21st  instant,  I  transmit  herewith  a  copy  of  the 
record  of  the  proceedings  of  the  Executive  Council,  upon  the 
memorial  of  sundry  citizens  of  Massachusetts,  in  behalf  of  Jon- 
athan Walker,  of  Harwich ;  also,  a  copy  of  a  letter  addressed 


MESSAGES.  687 

by  the  Secretary  of  the  Commonwealth  to  the  Governor  of 
Florida.     To  this  letter  no  answer  has  been  returned. 
Council  Chamber  ;  Jan.  22,  1845. 


To  the  Senate : 

I  transmit  herewith  to  the  Honorable  Senate,  for  the  infor- 
mation of  the  Legislature,  a  communication  from  His  Excel- 
lency the  Governor  of  Ohio,  accompanied  by  a  copy  of  a  Pre- 
amble and  Resolutions,  passed  by  the  Legislature  of  that  State, 
relative  to  the  Annexation  of  Texas. 

Coimcil  Chamber  ;  January  25,  1S45. 


To  the  Senate : 

I  transmit  herewith  to  the  Honorable  Senate,  for  the  informa- 
tion of  the  Legislature,  a  communication  from  His  Excellency 
the  Governor  of  Rhode  Island,  accompanied  by  a  copy  of  a 
Preamble  and  Resolutions,  passed  by  the  Legislature  of  that 
State,  relative  to  certain  resolutions  of  the  General  Assembly  of 
the  State  of  New  Hampshire.  The  papers  being  transmitted  in 
the  original,  I  respectfully  request  that  they  may  be  communi- 
cated to  the  other  branch. 

Council  Chamber  ;  Jan.  30,  1845. 


To  the  House  of  Representatives : 

I  herewith  transmit  to  the  Honorable  House,  the  papers  re- 
quested in  their  orders  of  the  28th  and  29th  instant,  relating  to 
the  commission  created  by  the  Resolve  of  March  24th,  1843,  to 
locate  grants  and  determine  the  extent  of  possessory  claims, 
under  the  late  treaty  with  Great  Britain,  together  with  a  copy 
of  the  doings  of  the  Executive  Council  thereupon. 

Council  Chamber;  Jan.  30,  1845. 


To  the  Senate : 

In  compliance  with  the  request  of  the  Honorable  Senate,  in 
its  order  of  the  30th  instant,  I  transmit  herewith  a  copy  of  the 
record  of  the  Executive  Council,  showing  the  action  of  that 
body  on  the  accounts  of  the  commissioners  appointed  by  au- 
thority of  the  first  of  the  Resolves  of  1843,  chapter  80.  The 
accounts  referred  to  in  the  order  of  the  Senate,  are  now  in  the 
possession  of  tlic  House  of  Representatives,  liaving  been  called 
for  by  an  order  of  that  branch  of  the  General  Com't  of  the  29th 
instant. 

Council  Chamber  ;  January  31,  1845. 


688  MESSAGES. 

To  the  Senate : 

I  transmit  herewith  to  the  Honorable  Senate,  for  the  informa- 
tion of  both  branches,  a  letter  received  from  M.  Alexandre 
Vattemare,  of  Paris,  in  France,  relating  to  his  plan  of  interna- 
tional exchanges  of  books  and  other  objects  of  science  and  art. 
The  benefit  already  derived  by  ihis  Commonwealth,  from  his 
enlightened  and  disinterested  exertions,  entitle  him,  in  my 
judgment,  to  our  gratiUide  and  esteem,  and  I  respectfully  re- 
commend his  suggestions  respecting  a  further  prosecution  of  the 
enterprise,  to  the  favorable  consideration  of  the  Legislature. 

Coimcil  Chamber  ;  Jarmary  31,  1845. 


To  the  Senate : 

I  transmit  herewith  to  the  Honorable  Senate,  for  the  informa- 
tion of  the  Legislature,  a  communication  from  His  Excellency 
the  Governor  of  Rhode  Island  and  Providence  Plantations,  ac- 
companied by  Resolutions  concerning  the  Annexation  of  Texas, 
directed  by  the  General  Assembly  of  that  State  to  be  forwarded 
to  the  Governor  of  this  Commonwealth.  The  papers  being 
sent  in  the  original,  I  respectfully  request  that  they  may  be 
communicated  to  the  other  branch. 

Council  Chamber  ;  Feb.  3,  1845. 


To  the  Senate : 

I  transmit  herewith  to  the  Honorable  Senate  a  communica- 
tion from  the  Governor  of  the  State  of  Vermont,  accompanied 
by  resohitions  of  the  Legislature  of  that  State,  relating  to  pro- 
tection to  American  industry,  and  the  distribution  of  the  pro- 
ceeds of  the  public  lands ;  also,  a  communication  from  the 
Governor  of  Vermont,  accompanied  by  a  Preamble  and  Resolu- 
tions of  the  Legislature  of  that  State,  relating  to  the  Annexation 
of  Texas,  and"  the  institution  of  slavery.  The  papers  being 
sent  in  the  original  for  the  information  and  use  of  the  Legisla- 
ture, I  respectfully  request  that  they  may  be  communicated  to 
the  other  branch. 

Coimcil  Chamber  ;  Feb.  6,  1845. 


To  the  Senate  : 

I  transmit  herewith,  for  the  information  of  the  Legislature, 
Resolutions  of  the  General  Assembly  of  the  State  of  Arkansas, 
relating  to  the  conditions  of  citizenship  of  the  United  States, 
and  to  recent  proceedings  of  the  governments  of  Massachusetts 
and  South  Carolina. 

Coimcil  Chamber  ;  Feb.  10,  1845. 


MESSAGES.  689 

To  the  Senate : 

I  transmit  herewith,  for  the  information  and  use  of  the  Legis- 
lature, a  communication  from  the  Governor  of  Rhode  Island 
and  Providence  Plantations,  accompanied  by  Resolutions  of  the 
General  Assembly  of  that  State,  relating  to  measures  now 
pending,  for  ascertaining  the  true  boundary  line  between  that 
State  and  Massachusetts.  The  papers  being  sent  in  the  origi- 
nal, it  is  respectfully  requested  that  they  may  be  communicated 
by  the  Senate  to  the  other  branch  of  the  Legislature. 

Council  Chamber ;  February  11,  1845. 


To  the  Seriate : 

I  transmit  herewith,  for  the  information  and  use  of  the  Legis- 
lature, a  communication  from  His  Excellency  the  Governor  of 
Alabama,  accompanied  by  Resolutions  of  the  General  Assembly 
of  that  State,  relating  to  recent  proceedings  of  the  government 
of  this  Commonwealth,  for  an  amendment  of  the  Federal  Con- 
stitution and  for  the  protection  of  its  citizens,  and  to  the  repeal 
of  the  twenty-fifth  Rule  of  the  Rules  and  Orders  of  the  House 
of  Representatives  of  the  United  States.  The  papers  being  sent 
in  the  original,  it  is  respectfully  requested  that  they  may  be 
communicated  to  the  other  branch. 

Council  Chamber  ;  Feb.  12,  1S45. 


To  the  Senate : 

In  compliance  with  the  Resolve  of  1837,  chap.  30,  I  herewith 
transmit  to  the  Honorable  Senate,  for  the  use  and  information 
of  both  Houses,  a  Supplementary  Report  of  the  Commissioners 
appointed  to  reduce  so  much  of  the  common  law  of  Massachu- 
setts, as  relates  to  crimes  and  punishments,  and  the  incidents 
thereof,  to  a  written  and  systematic  code. 

Council  Chamber ;  Feb.  13,  1845. 


To  the  Senate : 

I  transmit  herewith  to  the  Honorable  Senate,  for  the  informa- 
tion and  use  of  the  Legislature,  a  communication  from  the 
Governor  of  Delaware,  accompanied  by  Resolutions  of  the  Le- 
gislature of  that  State,  relating  to  the  Annexation  of  Texas  to 
the  United  States  ;  also,  a  communication  from  the  Governor  of 
Alabama,  accompanied  by  Resolutions  of  the  Legislature  of 
that  State,  relating  to  the  Repudiation  of  State  Debts,  the  Abo- 
lition of  the  Veto  Power,  the  Distribution  of  the  Proceeds  of  the 
Public  Lands,  the  Protective  System,  the  Annexation  of  Texas, 
a  National  Bank,  the  Occupation  of  Oregon,  and  the  admission 
of  new  States.  The  papers  beins  sent  in  the  original,  I  re- 
88 


690  MESSAGES. 

spectfully  request  that  they  may  be  transmitted  to  the  other 
branch. 

Cotmcil  Chamber  ;  Feb.  21,  1845. 


To  the  Senate : 

I  transmit  to  the  Honorable  Senate,  for  the  information  and 
use  of  the  Legislature,  a  communication  from  the  Governor  of 
North  Carolina,  accompanied  by  resolutions  of  the  General 
Assembly  of  that  State,  relating  to  the  interchange  of  Docu- 
ments ;  also,  a  copy  of  a  Preamble  and  Resolutions  of  the  Gen- 
eral Assembly  of  Illinois,  relating  to  an  Amendment  of  the 
Constitution  of  the  United  States,  proposed  in  resolves  of  this 
government,  of  March  23d,  1843. 

Council  Chamber  ;  March  7,  1845. 


To  the  Setiate  : 

I  transmit  herewith  a  copy  of  a  letter  tliis  day  received  from 
the  Vice  President  of  the  United  States,  communicating  official 
information  of  the  decease  of  the  Honorable  Isaac  C.  Bates,  late 
Senator  of  this  Commonwealth  in  the  National  Congress. 

Council  Chamber;  March  22,  1845. 

Note.    A  similar  message  was  Iransmitled  to  the  House  on  the  same  day. 


LIST 

OF   THE 

CIVIL   GOVERNMENT 

OF    THE 

eomiuonUjtalttj  of  JHassatlittsetts^ 


AND    OFFICERS    IMMEDIATELV    CONNECTED    THEREWITH 
FOR  THE  POLITICAL  YEAR  1845. 


HIS  EXCELLENCY 

GEORGE  N.  BRIGGS, 

GOVERNOR. 

HIS  HONOR 

JOHN  REED, 

LIEUTENANT  GOVERNOR. 

COUNCIL. 
ALFRED  D.  FOSTER, 
THOMAS  FRENCH, 
CHARLES  MARSTON, 
WILLIAM  G.  BATES, 
JAMES  ARNOLD, 
SAMUEL  HOAR, 
EBENEZER  BRADBURY, 
EDWARD  DICKINSON, 
JOHN  P.  BIGELOW. 

J  OHN    G.    PALFREY, 

Secretary  of  the  Commonwealth. 
William  TuOs,  1st  Clerk.  Charles  W.  Lovett,  2d  Clerk. 

JOSEPH    BARRETT, 

Treasurer  and  Receiver  General  of  the  Commonwealth. 

Joseph  Foster,  Ist  Clerk.  David  Wilder,  Jr.,  2d  Clerk. 


SENATE. 

LEVI    LINCOLN, 

PRESIDENT. 

SUFFOLK  DISTRICT. 
John  C.  Gray,  Charles  Francis  Adams, 

Francis  B.  Fay,  Daniel  SafFord, 

John  C.  Park, 

ESSEX  DISTRICT. 

Francis  S.  Newhall,  Edmund  Kimball,  Jr., 

Alfred  Kittredge,  George  Wheatland. 

Thomas  J.  Clark, 

MIDDLESEX  DISTRICT. 

Stevens  Hayward,  Henry  Wilson, 

Royal  Southwick,  Charles  Choate, 

Isaac  Livermore,  James  P.  Whitney. 

WORCESTER  DISTRICT. 

Levi  Lincoln,  Joseph  Stone, 

Linns  Child,  John  G.  Thurston. 

Dan  Hill, 

HAMPSHIRE  DISTRICT. 

Myron  Lawrence,  Benjamin  Barrett. 

FRANKLIN  DISTRICT. 

James  White,  Solomon  Reed. 

HAMPDEN  DISTRICT. 

Jehiel  Abbott,  Charles  Stearns. 

BERKSHIRE  DISTRICT. 
Charles  W.  Hopkins,  Asahel  Foote. 


SENATE.  693 

NORFOLK  DISTRICT. 

Joseph  Richards,  Benjamin  F.  Copeland. 

Luther  Metcalf, 

PLYMOUTH  DISTRICT. 

Morrill  Allen,  Jesse  Murdock. 

BRISTOL  DISTRICT. 
Oliver  Ames,  John  H.  Clifford. 

Nathaniel  B.  Borden, 

BARNSTABLE  DISTRICT. 
Solomon  Davis,  John  B.  Dillingham. 

NANTUCKET  AND  DUKES  CO.  DISTRICT. 

William  Mitchell. 


CHARLES  CALHOUN,   Clerk. 
W.  P.  GREGG,  Assistant  Clerk. 
Rev.  JOHN  T.  BURRILL,   Chaplain. 
MILTON  HALL,  Doorkeeper. 
EDWIN  HILLS,  Assistant  Messenger. 
TILSON  FULLER,  Page. 


HOUSE  OF  REPRESENTATIVES. 


SAMUEL    H.    WALLEY,    Jr., 

SPEAKER. 

COUNTY  OF  SUFFOLK. 

Boston,  Charles  Amory, 

Daniel  Bartlett,  Jr., 
Richard  W.  Bayley, 
Joseph  Bell, 

Abraham  W.  Blanchard, 
Luther  Blodgett, 
Ephraim  Buck, 
Peleg  W.  Chandler, 
John  Codman, 
Larra  Crane, 
Bradley  N.  Cumings, 
William  Demon, 
Edmund  Dwight, 
Ebenezer  Ellis, 
Rowland  Ellis, 
David  Francis, 
Nathaniel  Francis, 
Jabez  C.  Howe, 
William  H.  Lane, 
Ezra  Lincoln, 
David  Morgan, 
John  Osborn, 
Jonathan  Preston^ 
Samuel  Quincy, 
Benjamin  P.  Richardson, 
Charles  T.  Russell, 
J.  Thomas  Stevenson, 
Thomas  Tolman, 
John  B.  Tremere, 


HOUSE  OF  REPRESENTATIVES. 


695 


Boston, 


Chelsea, 


Atnesbury, 
Andover, 

Beverly, 

Boxford, 

Bradford, 

Danvers, 

Essex, 

Georgetown, 

Gloucester, 

Hamilton, 

Haverhill, 

Ipswich, 

Lynn, 

Lynnjield, 

Manchester, 

Marhlehead, 

Methuen, 
Middle  ton, 
Newbury, 

Newhuryport, 


Rockport, 

Roivley, 

Salem, 


Jedediah  Tuttle, 
Charles  Wade, 
Samuel  Wales,  Jr., 
Joel  W^heeler, 
William  Willett, 
Royal  B.  Willis, 
Joshua  Norton,  Jr. 

COUNTY  OF  ESSEX. 

John  Marland, 
William  Stevens, 
John  I.  Baker, 
Albert  Thorndike, 

Sylvanus  Morse, 
Henry  Prowler, 
Richard  Osborn, 
Ezra  Perkins,  Jr. 


Hazen  Morse, 


Jonas  A.  Bettes, 
Peter  Dixey,  Jr., 
George  Barker, 

Enoch  Hale, 
Joseph  Little, 
Frederick  J.  Coffin, 
John  Coombs, 
Benjamin  R.  Knapp, 
William  Grover, 
Daniel  N.  Prime, 
James  Kimball, 
Jonathan  C.  Perkins, 


696 


HOUSE  OF  REPRESENTATIVES. 


Salenij 


Salisbury, 
Saiigiis, 
Topsjield, 
Wenham, 
West  Neivbtiry, 


Caleb  Pierce, 
Daniel  Potter, 
Allen  Putnam, 
John  D.  Symonds, 
Benjamin  Sawyer, 
Pickmore  Jackson, 
Samuel  Todd, 

Enoch  Bailey, 


Acton, 

Ashby, 

Bedford, 

Billerica^ 

Boxborough, 

Brighton, 

Burlington, 

Cambridge, 


Carlisle, 

Charlestown, 

Chelmsford, 

Concord, 

Dracut, 

Dunstable, 

Franiinghain, 

Groton, 

HolUston, 

HopJcinton, 

Lexington, 

Lincoln, 

Littleton, 

Lowell, 


COUNTY  OF  MIDDLESEX. 

Daniel  Wetherbee,  2d, 
Reuben  Bates, 


Henry  H.  Larnard, 

Jo?in  S.  Ladd, 
Charles  R.  Metcalf, 
John  Sargent, 


Isaac  S.  Lee, 
Timothy  V.  Coburn, 

Calvin  Shepard,  Jr., 
William  Livermore,  Jr., 

Josiah  Burnham, 

Leonard  Hoar, 
John  Sprague, 
Shubacl  P.  Adams, 
George  Bragdon, 
Isaac  Cooper, 
Joseph  Griffin, 
Thomas  Hopkinson, 
John  A.  Knowles, 


HOUSE  OF  REPRESENTATIYES. 


697 


Lowell, 

John  Mixer, 

Jesse  Phelps, 

Wilham  Schouler, 

Maiden, 

Marlboro', 

Lambert  Bigelow, 

Medford, 

Natick, 

Stedman  Hartwell, 

Neioton, 

Isaac  Hagar, 

Pepperell, 

Luther  Lawrence, 

Reading, 

Daniel  Pratt, 

Sherburne, 

John  Leland, 

Shirley, 

Somerville, 

Caleb  W.  Leland, 

South  Reading, 

Lilley  Eaton, 

Stoyieham, 

Stov^, 

Joel  Walcott, 

Sudbury, 

Reuben  Haynes, 

Townsend, 

Tewksbury, 

Tyngsboro' , 

Waltham, 

Waiertown, 

Thomas  Livermore, 

Wayland, 

Abel  Gleason, 

West  Cambridge, 

Josiah  H.  Russell, 

Westford, 

George  Harlow, 

Wilmington, 

John  M.  Durgin, 

Woburn, 

Weston, 

Edwin  Hobbs. 

COUNTY  OF  WORCESTER. 

Ashburnham, 

Athol, 

Theodore  Jones, 

Auburn, 

Barre, 

Berlin, 

Bolton, 

Joel  Barnard, 

Boylston, 

John  T.  Cotton, 

Brookjield, 

Charlton, 

William  Marble, 

Dana, 

89 


698 


HOUSE  OF  REPRESENTATIVES 


Douglas, 

Dudley, 

Fitchburg, 

Gardner, 

Grafton, 

Hardwick, 

Harvard, 

Holden, 

Hubbardston, 

Lancaster, 

Leominster, 

Leicester, 

Lunenburg, 

Mendon, 

Milford, 

Millbury, 

New  Brainiree, 

Northboro' , 

Northbridge, 
North  Brookjield, 

Oakham, 

Oxford, 

Paxton, 

Petersham, 

Phillipston, 

Princeton, 

Royalston, 

Rutland, 

Shrewsbury, 

>Southboro\ 

Southbridge, 

Spencer, 

Sterling, 

Sutton, 

Sturbridge, 

Templeton, 

Upton, 

Uxbridge, 

Warren, 

Webster, 


Enoch  Brown, 


Joseph  Wright, 
Jonathan  Warren, 


David  Davis, 

Jacob  Fisher, 
Leonard  Burrage, 
John  Woodcock, 
Ithra  Lewis, 
Welcome  Staples, 
Alfred  Bragg, 
Calvin  Willard, 

Eben  D.  Blake, 

Hiram  Edson, 

Brastus  Ormsbee, 

Jonas  Howe, 

Israel  Everett, 
Benjamin  Brown, 
Henry  Brigham, 

Peter  Fay, 

Eleazer  B.  Draper, 
Samuel  Houghton, 
Zadok  Woodbury, 
Prince  Brackett, 


Henry  Chapin, 
Franklin  Drury, 
Solomon  Robinson, 


HOUSE  OF  REPRESENTATIVES. 


699 


Westborough, 
West  Boylston, 
Westminster^ 
Wincheiidon , 
Worcester, 


Amherst, 

Belchertown, 

Chesterfield, 

Cimwiington, 

Easthmnpton, 

Enfield, 

Granhy, 

Greenwich, 

Goshen, 

Hadley, 

Hatfield, 

Middlefield, 

Northampton, 

Norwich, 

Pelham, 

Plabifield, 

Prescott, 

South  Hadley, 

Southampton, 

Westhampton, 

Ware, 

Williamsburg, 

Worthington, 


Blandford, 

Brimfield, 

Chester, 

Granville, 

Holland, 


Moses  G.  Maynard, 
Brigham  Prescott, 
William  S.  Bradbury, 
Warham  Rand, 
Alexander  H.  Bullock, 
John  Milton  Earle, 
Darius  Rice. 

COUNTY  OF  HAMPSHIRE. 

Thomas  Jones, 
Henry  A.  Biidgman, 
Asahel  Pierce, 
Robert  Dawes,  Jr., 
E.  Munroe  Wright, 

Levi  Taylor, 
Cullen  Warner, 

John  A.  Morton, 

Uriah  Church, 
Erastus  Hopkins, 
William  W.  Partridge, 


Calvin  Goodman, 

Ansel  Phelps,  Jr., 
Joel  Hayden, 

COUNTY  OF  HAMPDEN 

Sharon  Bradley, 
Orson  Sherman, 
Hector  Campbell, 


700 


HOUSE  OF  REPRESENTATIVES. 


Longmeadow, 

Liidlow, 

Monson, 

Mont  gome}']/, 

Palmer, 

Russell, 

Sotithwick, 

Springfield, 

Tolland, 

Wales, 

Westfield, 

West  Springfield, 
Wilbraham, 


Jacob  Colton,  Jr., 
Artemas  H.  Whitney, 
Samuel  Whitney, 

Alonzo  V.  Blanchard, 
Frederic  Sackett, 
Chandler  Holcomb, 
Edmund  Freeman, 


Hiram  Harrison, 
Oliver  Moseley, 


Ashfield, 

Bernardston, 

Buckland,    • 

Charlemont, 

Colraine, 

Conway, 

Deerfield, 

Erving, 

Gill, 

Greenfield, 

Hawley, 

Heath, 

Leverett, 

Leyden, 

Monroe, 

Montague, 

New  Salem, 

Northfield, 

Orange, 

Rowe, 

Shelburne, 

Shuteshury, 

Sunderland, 

Warioic/c, 


COUNTY  OF  FRANKLIN. 

Jasper  Bement, 
Daniel  W.  Temple, 
Gardner  Wilder, 
Simeon  H.  Williams, 
Amos  Stewart, 
Nathaniel  P.  Baker, 
Rufus  Saxton, 


Clark  Sears, 


Nathan  Hosmer, 
Frederic  Peirce, 
Charles  Osgood, 
Benjamin  Mayo, 

Asa  Severance, 

Horace  Hubbard, 


HOUSE  OF  REPRESENTATIVES. 


701 


Wendell, 

Whately, 

Jabez  Pease. 

COUNTY  OF 

'  BERKSHIRE. 

Adams, 

Alford, 

Beckett, 

Prentiss  Chaifee, 

Cheshire, 

Andrew  Bennett, 

Clarksburg, 

Dalton, 

David  Smith, 

Egremont, 

Florida, 

Great  Barrington, 

Bazy  W.  Pattison, 

Hancock, 

Hinsdale, 

Laneshoro\ 

Socrates  Squire, 

Lee, 

Lewis  Beach, 

Lenox, 

Isaac  Comstock, 

Mount  Washington, 

Nev)  Ashford, 

New  Marlboro' , 

Otis, 

Peru, 

Pittsjield, 

James  Buel, 

Thaddeus  Clapp, 

Richmond, 

John  Sherril, 

Sandisjield, 

Savoy, 

Bradish  Dunham, 

Sheffield, 

Leonard  Tuttle, 

Stockbridge, 

Robert  E.  Galpin, 

Tyringham, 

Asa  Judd, 

Washington, 

West  Stockbridge, 

Martin  R.  Kellogg, 

Williamstov)n, 

Windsor, 

COUNTY  OF  NORFOLK. 

Bellingham, 

Braintree, 

Naaman  L.  White, 

702 


Brookline, 

Canton, 

Cohassei, 

Dedham, 

Dorchester, 

Dover, 

Foxboro\ 

Franklin, 

Medfield, 

Medway, 

Milton, 

Needham, 

Quincy, 

Randolph, 

Roxbiiry, 


Sharon, 

Stoughton, 

Walpole, 

Weymouth, 

Wrentham, 


Attleborough, 

Berkley, 
Dartmouth, 

Dighton, 

Easton, 

Fairhaven, 

Fall  River, 


Freetown, 
Mansfield, 
New  Bedford, 


HOUSE  OF  REPRESENTATIVES. 

Thomas  Kendall, 

Josiah  O.  Lawrence, 
Joseph  Day, 
Friend  Crane, 
Moses  Draper, 
Ralph  Sanger, 


Richard  Ford, 
Joseph  H.  Billings, 
Samuel  Guild, 
Samuel  H.  Walley,  Jr. 


George  Bullard, 


COUNTY  OF  BRISTOL. 

Forrest  Foster, 
Lemuel  May, 

George  Kirby, 
James  Rider, 
Joseph  Pitts, 
Lincoln  Drake, 
Ellis  Mendall,  Jr., 
Joseph  Tripp, 
Simeon  Borden, 
James  B.  Luther, 
Benjamin  F.  White, 
John  Winslow,  Jr., 
O.  S.  Kingsbury, 
James  B.  Congdon, 


HOUSE  OF  REPRESENTATIVES. 


7oa 


New  Bedford^ 

David  R.  Greene, 

Abraham  H.  Howland, 

Thomas  Kempton, 

John  H.  W.  Page, 

Norton^ 

Earl  Hodges, 

Pawiiicket, 

Wm.  D.  Bullock, 

Raynham, 

Rehoboth, 

Grenville  Stevens, 

Seeko7ik, 

Cyrrill  Read, 

Somerset, 

Benjamin  Cartwright, 

Swanzey, 

Philip  M.  Marvel, 

Taunton, 

Westport, 

Jonathan  Davis, 

COUNTY  OF  PLYMOUTH. 

Abi?igio?i, 

Bridgewater, 

Samuel  Leonard, 

Carver, 

William  S.  Savery, 

Duxbury, 

Joshua  Brewster,  Jr., 

E.  Bridgewater, 

Halifax, 

Hanover, 

Oren  Josselyn, 

Hanson, 

Luther  Holmes, 

Hingham, 

John  Beal, 

Hull, 

Kingston 

Uriah  Bartlett, 

Marshfield, 

Middleboro\ 

Josiah  Tinkham, 

Asa  T.  Winslow, 

N.  Bridgewater, 

Henry  French, 

Pembroke, 

Luther  Magoon, 

Plymouth, 

David  Holmes, 

Edmund  Robbins, 

Plympton, 

Rochester^ 

George  Bonney, 

Nathan  Cannon, 

tScituate, 

IVareham, 

Harrison  G.  0.  Ellis, 

W.  Bridgewater, 

Caleb  Howard. 

704 


HOUSE  OF  REPRESENTATIVES. 


Barnstable^ 

Brewster^ 

Chatham, 

Dennis, 

Eastham, 

Falmouth, 

Harwich, 

Orleans, 

Provincetown, 

Sandwich, 

Truro, 

Wellfleet, 

Yarmouth, 


Chilmark, 

Edgartown, 

Tisbury, 


Nantucket, 


COUNTY  ON  BARNSTABLE. 

Charles  C.  Bearse, 
Josiah  Hinckley, 
Albert  P.  Clark, 
John  Taylor, 
Joseph  Baker, 
Elijah  E.  Knovvles, 
Samuel  P.  Cross  well, 
James  Long, 
Alexander  Kenrick, 
John  Dunlap, 
David  Benson, 
William  Handy,  Jr., 
Richard  Stevens, 
Caleb  Lombard, 
Elisha  Jenkins. 

DUKES  COUNTY. 

Smith  Mayhew, 
Joseph  Mayhew, 
Mathew  P.  Butler. 

COUNTY  OF  NANTUCKET. 

David  Baker, 
George  Harris, 
William  C.  Starbuck, 
Charles  Wood. 


Charles  W.  Storey,  Jr.,   Clerk. 

Chandler  Robbins,  />  ^t      ,  . 
William  Hague,       \  <^haplains. 


Benjamin  Stevens,  Sergeant-at-Arms  to  the  General  Court. 


Alexis  Poole,  Doorkeeper. 

David  Murphy,  Messenger. 

E.  W.  Palmer,  Assistant  Messenger. 

Timothy  Hays,  Page. 


CtommonluraUIj  of  ^anuati)unetta* 


SECRETARY'S  OFFICE,  Mat  21, 1845. 

I  HEREBT  Certify,  that  1  have  compared  the  printed  copies  of  the  Acts, 
Resolves,  &.c.,  contained  in  this  pamphlet,  with  the  originals,  and  find  the  same 
to  he  correct. 

JOHN  G.  PALFREY, 

Secretary  of  the  Commonweaith. 


INDEX 


ACTS,  RESOLVES,  MESSAGES,  &c.  OF  THE  YEARS  1843,  1844,  1845. 


A. 


Abdcctiok,  penalty  of,  ■.,,...  Page  546 

Abortion,  unlawful  attempts  to  cause,  penalty  of,  .  .  .  .  406 

Academy  of  Agriculture,  Massachusetts,  in  Westborough,  incorporated,  .  478 

"         Ireland,  in  West  Spring-field,  proprietors  of,  incorporated,         .  .  191 

"         South  Yarmouth,  incorporated,  .....  16 

"  Stockbridge,  title  changed,    ......  22 

"         Winchendon,  incorporated,  .....  400 

Accounts  of  Land  Agent,  relating  to,  .....  76,300,611 

"         military,  payment  of,  (see  Rolls,  pp.  104,  348,  352,  667)  73,  325,  653 

"         miscellaneous,  payment  of,  (see  Rolls,  pp.  101,  103,  108,  114,  342,  345,  347,  353, 

660,661,671)        .  .  .       73,81,63,307,308,331,612,651,653 

"  pauper,  payment  of,  (see  Rolls,  pp.  113,  335,  654)        .  .  81,  296,  588 

Adams  Bank,  capital  stock  reduced,       ......  177 

"       Joel,  administrator,  to  sell  real  estate,     .....  602 

Adjutant  General,  salary  of,  .....  .  8 

"  "  to  be  allowed  no  clerk,     .....  8 

"  "         to  receive  $300  as  keeper  of  magazines,  &c.,         .  .  8 

"  "  tenure  of  office,  .....  10 

"  "         to  give  bond,       ......  10 

"  "         return  of,  when  to  be  made,  ....  51 

♦*  "  to  make  survey  of  arsenal,  &c.,    ....  85 

"  "  relating  to  salary  of  clerk  in  office  of,        .  .  .  333 

"  "  to  distribute  equipments  and  camp  equipage,  .  .  611 

"  "         to  employ  a  clerk,  .  .  .  .  •  610 

"  "         to  furnish  a  stand  of  arms  to  the  Soul  of  Soldiery,  .  624 

"  "  to  make  repairs  on  gun  houses,     ....  610 

"  *'  to  publish  and  distribute  a  digest  of  the  militia  laws,  .  611 

"  "  to  purchase  and  distribute  "Cooper's  Tactics,"      .  .  615 

Administrators  and  Executors,  when  to  be  discharged  at  their  own  request,      .  59 

Agawam  and  Half-way  Pond  River,  concerning  preservation  of  alewives  in,         .  184 

Agent  of  Charles  River  and  Warren  Bridges,  compensation  of,  .  .  580 

Agents,  Factors  and  Principals,  concerning,      .....  515 


INDEX. 


Agricultural  Societies,  in  favor  of  certain,   . 

"  "  requiring  additional  returns  from, 

"  "  to  suffer  penalty  in  default  of  making  a  return, 

"  Society,  Barnstable  County,  incorporated, 

"  "  Bristol  County,  in  favor  of, 

"  "  Massachusetts,  in  favor  of, 

"  "  of  the  County  of  Hampden,  incorporated, 

Aid  Society,  Seamen's,  incorporated,    .... 
Aldermen,  provision  for  election  of,  in  Boston, 
Alewive  Fishery,  in  Harwich,  regulating, 
Alewives,  concerning  taking  of,  in  Barnstable, 

"         concerning  preservation  of,  in  Agawam  and  Half-way  Pond  River, 
Alien  Passengers,  concerning,  .... 

Alimony,  to  be  allowed  in  certain  cases. 

Alliance  Mutual  Insurance  Company,  in  Boston,  incorporated,  . 
American  Bank,  allowed  further  time  to  close  its  concerns, 

"         Commerce,  concerning  French  depredations  on, 

"        Factory,  to  manufacture  wool  and  woollen  goods, 

"        Hosiery  Company,  incorporated,         .  .  . 

'.'  "  "  individual  stockholders  not  liable,  &c., 

"        Institute  of  Instruction,  in  aid  of, 

"        Mutual  Insurance  Company,  in  Boston,  incorporated, 

"         Oriental  Society,  incorporated, 
Amesbury,  part  of  Salisbury  annexed  to,  . 

Amherst  Bank,  allowed  further  time  to  close  its  concerns, 

"        Hampshire  and  Franklin  Bank  in,  established. 
Anatomical  Science,  dead  bodies  to  be  used  for  the  advancement  of,  in  certain 
cases,         ....... 

Annexation  of  Texas,  concerning,     .... 

Aqueduct,  to  supply  the  city  of  Boston  with  pure  water, 

"  Stale  Lunatic  Hospital  to  establish, 

"  Company,  Grafton,  incorporated, 

"  "  Spot  Pond,  incorporated,  . 

"  "  "      "       concerning  liability  of  stockholders,  &c., 

"  "  Worcester,  incorporated, 

Archives,  Governor  authorized  to  procure  documents  in  Europe, 

"  public,  appropriations  for  arranging, 

Arsenal  in  Cambridge,  concerning  repair  of,     . 

"         "  "  "  exchange  of  lot  of,  . 

Arsenals  in  Cambridge  and  Boston,  concerning  examination  of, 
AsHBURNHAM  Rcscrvoir  Company,  incorporated. 
Assistant  Messenger  to  the  Governor  and  Council,  pay  of. 
Association,  Harvard  Musical,  incorporated,     . 

"  Seamen's  Widow  and  Orphan,  incorporated, 

"  Village  Hall,  in  Roxbury,  incorporated. 

Associations,  Law  Library,  counsellors  and  atto.neys  at  law  may  organize, 
Asylum,  Boston  Female,  to  hold  increased  amount  of  real  estate, 
"       at  Hartford,  respecting  admission  of  George  H,  Balch  to, 
"       "        "        respecting  admission  of  Harriet  N.  Ranney  to, 


Page  590 
453 
457 
215 
298 
296 
179 
417 
395 
185 

11 
184 
427 
225 
277 
405 
299 
415 

43 
165 
644 
210 

15 
226 
201 
476 

571 

319,  651 

549 

31 
471 

40 

548 

431 

585 

300,  611 

85 
613 
71,  588 
435 
308,  593 
464 
203 
252 
260 
215 

71 
600 


INDEX. 


Ill 


Atlantic  Mutual  Insurance  Company,  in  Boston,  incorporated, 
Attorney,  County,  for  Suffolk,  his  salary  and  duties, 

"  "         "        "        to  give  opinions  to  Council,  Legislature,  &c., 

"  "         "        "        on  petition  of  Timothy  Paine,  authorized  to  give 

up  his  note  on  certain  conditions, 
"        District,  for  Northern  District,  salary  established, 
"  "         "    Southern  District,  salary  established, 

"        General,  office  of,  abolished, 

"  "         Secretary  to  make  report  formerly  made  by, 

Attorneys,  District,  to  make  yearly  returns  to  Secretary, 
Attleborough  Mutual  Fire  Insurance  Company,  incorporated, 
Auction,  return  made  by  Stephen  Brown,  error  corrected  in, 
"        sales  of  rail-road  stock,  how  taxed, 
"  "     "  teas,  tax  on,  reduced. 


B. 

Bail,  in  criminal  cases,  concerning,       .  .  .  .  . 

Bait,  clam,  repeal  of  laws  concerning  inspection  of,        . 

Baker,  Patty  E.,  widow  of  the  late  sheriff  of  Norfolk  County,  in  favor  of, 

Balch,  George  H.,  concerning  his  admission  to  the  Asylum  at  Hartford, 

Baldwin  Company,  in  Chelmsford,  incorporated, 

Ballard  Vale  Company,  in  Chelmsford,  capital  increased. 

Bank,  Adams,  capital  stock  reduced,      .... 

"      American,  in  Boston,  further  time  to  close  its  concerns,    . 

"      Amherst,  allowance  of  §123  for  payment  of  a  certain  claim, 

"  "         further  time  to  close  its  concerns, 

"      Boylston,  in  Boston,  established,  .  f 

"      Cabot,  in  Springfield,  established, 

"      Citizens,  in  Nantucket,  allowance  to,       . 

"  "        in  Worcester,  capital  stock  reduced, 

"      Commercial,  in  Boston,  continued  a  body  corporate  for  one  year, 

"      East  Bridgewater,  allowed  further  time  to  close  its  concerns, 

**       Essex,  in  Andover,  allowed  further  time  to  close  its  concerns, 

"       Fall  River,  capital  stock  reduced, 

"       Freeman's,  in  Boston,  capital  stock  increased, 

"      Grand,  in  Marblehead,  capital  stock  reduced, 

"  "         "  "  tax  refunded, 

"       Hampshire  and  Franklin,  in  Amherst,  established, 

"      Hingham,  capital  stock  reduced, 

"       Lowell,  capital  stock  reduced,     . 

"       Lynn  Mechanics',  capital  stock  reduced, 

"  "  "  forfeiture  refunded,     . 

"      Manufacturers',  in  Rowley,  name  changed, 

*•      Mechanics',  in  Boston,  capital  stock  reduced, 

"       Merchants',  in  Boston,  capital  stock  increased,    . 

"  "  in  Newburyport,  capital  stock  reduced, 

"  "  in  Salem,  capital  stock  reduced, 

"      Middlesex,  further  time  to  close  its  concerns, 


IV 


INDEX. 


Bauk,  Millbuiy,  capital  stock  reduced,  . 

"      Norfolk,  further  time  to  close  its  concerns, 
"      Ocean,  in  Newburyport,  capital  stock  reduced,    . 
"      Phoenix,  charter  repealed,  &c.,  . 
"      Rail-road,  in  Lowell,  capital  stock  reduced, 
"       Traders',  in  Boston,  capital  stock  reduced,  * 

"  "  "         "      elections  declared  valid, 

"       Wareham,  forfeiture  refunded,    . 
"       Warren,  in  Danvers,  capital  stock  reduced, 
"  "        "         "        tax  refunded, 

"      Washington,  in  Boston,  authorized  to  remove  banking  ho 
"       Winthrop,  tax  on  capital  remitted, 
Bank  Commissioners,  Board  of,  abolished, 

"  "  to  be  appointed  in  certain  cases, 

"  "  in  addition  to  act  abolishing  Board  of. 

Banks,  concerning  duties  of  officers,  stockholders,  &c., 

"       and  Banking,  repeal  of  certain  sections  in  act  concerning, 
Barney,  James  O.,  in  favor  of,  ... 

Barnstable  County  Agricultural  Society,  incorporated, 

"  "       Commissioners  to  build  road  and  bridge  across  Mill  Creek, 

"  "       salary  of  Judge  of  Probate  for,  established, 

"  concerning  taking  of  alewives  in, 

•'  North  Congregational  Society,  to  appropriate  ministerial  fund, 

"  town  of,  to  construct  a  bridge,       .... 

Barre,  fire  department  established  in  town  of,    . 
Barrels  for  packing  pickled  fish,  additional  regulations  concerning  manufac 

ture  of,       . 
Bartlett  Steam  Mills,  to  increase  number  of  shares  in  capital  stock, 
Batchelder,  Jonathan  and  others,  in  favor  of,  to  pay  them  commutation  of  land 

bounty,     .  .  .    ■         . 

Bates,  William  G.,  trustee,  authorized  to  sell  land, 
Battle,  James,  allowed  fifty  dollars  land  bounty, 
Batley's  Creek,  to  erect  a  dam  over,    . 
Beaches  of  town  of  Chelsea,  in  relation  to, 

Bedford  Commercial  Insurance  Company,  to  make  certain  divisions  of  profits, 
Berkshire  County  Commissioners  for,  allowance  for  support  of  insane   State 
paupers, 

"  "  concerning  removal  of  public  offices  from  Lenox  to  Pittsfield 

"  Rail-road  Company,  to  construct  a  branch,  . 

Beverly  Insurance  Company,  incorporated, 

Births,  Marriages,  and  Deaths,  concerning  registry  and  returns  of, 
Bishop,  Henry  W.,  allowance  to,  . 

Blackstone  Canal  Company,  authorized  to  sell  their  property,  . 
"  town  of,  incorporated,        .... 

Board  of  Education,  cDncerning  annual  repovls  of,     . 
BoLTWooD,  Elijah,  commissioners  to  be  appointed  on  petition  of, 
Bonds,  rail-road,  where  to  be  recorded,  . 

"      required  of  constables,  .  .  .  ,  . 

**      of  pilots,  relating  to,       .  .  . 


Page  414 

3,404 

1G7 

443,  595 

161 

182 

405 

625 

219 

585 

157 

79 

20 

56 

174 

56 

264 

304 

215 

18 

505 

11 

14 

475 

14 


INDEX. 


Bonds,  probate,  sureties  in,  how  discharged,  .  , 

Borden,  Richard,  may  build  a  wharf  in  Fall  River, 
Boston,  City  of,  elections  in,  for  the  present  year, 

"  "       "  to  pay,  as  heretofore,  salary  of  municipal  judge, 

"  "       "  streets  and  ways  of,     . 

"  "       "  to  supply  with  pure  water, 

"        Duck  Company,  incorporated, 

"        Female  Asylum,  authorized  to  hold  increased  amount  of  real  estate, 

"        Harbor,  concerning  injury  to  islands  in,  .  .  . 

"        Hemp  Company,  to  increase  number  of  shares  in  capital  stock, 

"        and  Maine  Rail-road  Corporation  to  unite  with  the  Maine,  New  Hamp 

shire  and  Massachusetts  Rail-road  Corporation, 
"        and  Maine  Rail-road  Extension  Company,  incorporated, 
"  "         "  "  "  "         and  Boston  and  Maine  Rail 

road  Co.  united, 
"        and  Providence  Rail-road  Company,  to  subscribe  for  stock  in  the  Stough 
ton  Branch  Rail-road  Company,   .... 

"        and  Providence  Rail-road,  relating  to,  ... 

"        Roman  Catholic  Mutual  Relief  Society,  incorporated,    . 
"        Society  for  the  Diffusion  of  Information  among  Emigrants,  incorporated 
"         and  Roxbury  Mill  Corporation,  authorized  to  extend  wharf, 
"        Steam  Flour  Mill  Company,  incorporated, 
"        Wharf  Company,  to  extend  their  wharf, 

"        and  Worcester  Rail-road,  Western  Rail-road  Corporation  may  enter  upon 
and  use,       ....... 

Boundary  Line  between  Mass.  and  Rhode  Island,  commissioners  to  ascertain, 
"  "  "  "        "        "  '•      appointment  of  surveyors, 

"  "  "  "        "        "  "      copy  of  resolve  concerning  to 

be  transmitted  to  Governor 
of  Rhode  Island, 
"  "  "  "        "        "        •  "      concerning  records  of  court  of 

commissioners  to  settle, 
Bowditch  Mutual  Life  Assurance  Company,  incorporated, 
BoYLSTON  Bank  in  Boston,  established,  .... 

"        Fire  and  Marine  Insurance  Company,  in  Boston,  continued  for  twenty 
years,       ..... 

Braman,  Jarvis,  authorized  to  extend  wharf  in  Boston,    . 
Brattleborocgh  and  Fitcliburg  R.  R.,  maybe  united  with  Vermont  and  Massa 
chusetts  Rail-road,  ...... 

Breakwater  Company,  Marbleliead,  incorporated, 

Brewer,  Thomas  M.,  and  Wm.  Hayden,  appointed  publishers  of  the  laws, 

Bridge,  Barnstable,  town  of,  to  construct, 

"       Central,  proprietors  of,  authorized  to  re-construct,  &.C., 
"       Charles  River  and  Warren,  concerning, 
"       Chelsea  Point,  proprietors  authorized  to  take  toll, 
"       Dartmouth,  further  regulating  rates  of  toll, 
"       Granite,  rates  of  toll,  &c., 

"       over  Jones's  River,  Old  Colony  Rail-road  Corporation  may  construct, 
"       over  Manamsha  Creek,  may  be  constructed, 

B 


Page  27 
417 
395 
5 
566 
549 
415 
215 
67 
508 

54 

279 

481 

421 
53 

28 

22 

180 

403 

568 

516 

304,  587 

624 


311 

646 

568 
467 

189 
218 

227 
501 
295 
475 
23,  409 
430 
55 
195 
420 
464 
468 


VI 


INDEX. 


Bridge,  Neponset,  additional  act  as  to  tolls,  returns,  &.c., 

"        over  Neponset  River,  rates  of  toll  and  returns,  concerning, 
"        over  North  River,  in  Salem,  Jonathan  T.  Carlton  to  build, 
"        over  Powow  River,  concerning, 
"        Truro,  inhabitants  of,  may  construct,     . 
Brigham,  Charles,  Jr.  Trustee  of  Grafton  Indians,  authoiized  to  sell  certain  real 

estate,  and  purchase  other  in 
lieu  thereof, 
"  "        "         "        "        "  "        allowed  for  certain  expenses, 

"        Fund  for  education,  established  in  Marlborough, 
Brightman,  Hathaway,  to  build  wharves, 
Brinley,  Edward,  guardian,  to  sell  real  estate  in  Roxbury, 
Bristol,  Commmissioners  of  County  of,  in  favor  of, 
"        County  Agricultural  Society,  in  favor  of, 
"        Printing  Company,  in  Taunton,  incorporated, 
Brook  Farm  Phalanx,  incorporated,    . 
Brookline,  part  of  Roxbury  annexed  to, 
Brown,  George,  trustees  under  deeds  of,  to  sell  real  estate, 

"        Stephen,  error  in  auction  return  corrected, 
Bryant,  Walter  A.,  compensation  to,  for  publishing  laws  in  1840, 
Bullock,  A.  H.,  assignee,  allowance  for  services  of  John  W.  Lincoln,  as  a  direc- 
tor of  Western  Rail-road  Corporation, 
Bull's  Wharf,  in  Boston,  extended. 
Burrows,  Betsy,  executrix,  to  sell  real  estate,   . 


Page  14 
14 
22 
21 

208,  425 


323 
594 
171 
13 
317 
315 
298 
412 
489 
169 
590 
594 
297 


600 
429 
600 


c. 


Cabot  Bank,  in  Springfield,  established,             .....  396 

"      Savings  Bank,  in  Cabotville,  established,             ....  430 

Canal  Company,  Blackstone,  authorized  to  sell  iheir  property,    .             .             .  276 

"      Mount  Hope  and  Wharf  Company,  time  for  completing  canal  extended,    .  473 

Carleton,  Joseph,  and  others,  compensation  for  militia  services,              .             .  74 

Carlton,  Jonathan  T.,  to  build  bridge  in  Salem,             ....  22 

Carr,  Henry  S.,  compensation  for  arrest  of  criminals,     ....  649 

Carroll,  Wm.  Thomas,  in  favor  of,      ....             •  73 

Carver,  town  of,  concerning  delivery  of  ShurtlefF,  a  lunatic,  to,                .             .  71 

Cary,  Shepard,  reimbursed  for  expenses  of  sickness,  &c.,  of  William  Whitaker,  294 

Cashiers  of  Banks,  and  other  officers,  not  to  hire  money  of  the  Bank,      .             .  57 

Central  Bridge  Corporation,  to  reconstruct  bridge,  &.C.,  .       23,  409 

Chace,  Leonard  and  Benjamin  G.,  to  extend  their  Avharf,              .             .             .  430 

Chamberlin,  Olive,  guardian,  to  sell  real  estate,             ....  595 

Chancery,  Master  in,  additional  one  in  county  of  Middlesex,     .             .             .  404 

"               "      "          "          "      "      "        "  Worcester,      .             .             .  281 

"  masters  in,  relating  to  qualification  of  ...  .     154,  203 

"                "         "  to  continue  proceedings  in  certain  cases,               .             .  239 

Chandler,  Joseph  T.,  trustee,  to  sell  real  estate  in  Salem,          .             .              •  324 

Channel  Poles,  town  of  Dan  vers  to  put  down  and  maintain  in  certain  rivers,      .  192 

Chapel,  Leyden,  in  Boston,  incorporated,           .             .             .                          •  397 

Chaplains  of  Legislature,  compensation  of,       .  .  .  .  76, 306, 593 


INDEX. 


vu 


Charlemont,  proportion  of  income  of  school  fund  to  be  paid  to, 
Charles  River  and  Warren  Bridges,  duties  of  agent,  . 
"  "        "  "  "         funds  for  repairs  of, 

"  "        "  "  "         pay  of  agent  of, 

"  "        "  "  "         relating  to  flats  between  the  channels  of, 

"  "        "  "  "         survey  of,  . 

Charleston,  Agent  to  be  employed  in,  for  certain  purposes, 
Charlestown  Branch  Rail-road,  to  be  straightened, 

"  "  "  Corporation,  to  construct  a  branch, 

Charter  of  city  of  Lowell,  amended,   ..... 

Chelmsford  Centre  Meeting  House,  proprietors  incorporated,    . 
Chelsea  Fire  Department,  established,  .... 

"        concerning  beaches  of,  ....  . 

"        Trustees  of  the  Second  Methodist  Episcopal  Church  in,  incorporated, 
"         Point  Bridge,  rates  of  toll  established. 
Children's  Friend  Society,  in  Salem,  title  changed,    . 
Children,  idle  and  dissolute,  may  be  sent  to  House  of  Reformation, 
Citizens'  Bank  of  Nantucket,  allowance  to,      . 

"  "      in  Worcester,  capital  stock  reduced, 

City  Mutual  Fire  Insurance  Company,  incorporated, 

"    Officers,  concerning  election  of,     . 
Claims  for  support  of  State  paupers,  concerning  manner  of  making, 
Clam  Bait,  concerning  inspection  of,  repealed,  .... 

Clary,  Jonathan  C,  compensation  for  militia  services,    . 
Clapp,  Derastus,  compensation  for  arrest  of  criminals,   . 

"      Henry,  executor,  Commonwealth's  title  to  real  estate  released  to, 
Cleveland,  Richard  J.,  Treasurer  to  give  up  certain  obligations  to, 
Clinton  Company,  capital  stock  increased,         .... 

Coast  of  Massachusetts,  survey  of,    . 

Cobb,  Asahel,  in  favor  of,         .....  . 

Codification  of  Criminal  Law,  commission  reduced,     . 
Coffin,  Charles  H.,  Treasurer,  to  give  up  obligations  to, 
Cohasset  Mutual  Fire  Insurance  Company,  incorporated, 

"  Savings  Bank,  incorporated,  .... 

Commerce,  American,  concerning  French  depredations  on,         .  . 

Commercial  Bank,  further  time  to  close  its  concerns,    . 
Commissioner  of  Marshpee,  to  set  off  certain  land  to  Oliver  FoUer,    . 
Commissioners,  Bank,  abolished,  ..... 

"  "in  addition  to  act  abolishing  board  of, 

"  to  ascertain  boundary  between  Massachusetts  and  Rhode  Island, 

"  to  settle  boundary  between  Massachusetts  and  Rhode  Island,. 

concerning  records  of  court  of,        . 
"  to  locate  grants  of  lands  in  Maine, 

"  appointed  on  petition  of  Elijah  Boltwood, 

"  for  codifying  criminal  laws,  number  reduced,  and  pay  of^ 

"  Board  of  Rail-road,  appointed, 

"  of  Marshpee,  pay  of,    . 

"  County,  duties  of,  ....  . 

**  "       for  Berkshire,,  reimbursed  for  support  of  insane  paupers 


Page  318 

16 
16,  430 
580 
555 
625 
330 
284 
566 
523 

25 

10 
463 
509 

55 
419 

13 
614 
169 
505 
546 
333 
177 

72 
66,308 
306 
297 
403 
514 
314 

82 

309 

476 

437 

85,  299 

19 
328 

20 

174 

304,  587 


Vlll 


INDEX. 


Commissioners,  County,  for  Bristol,  reimbursed  for  support  of  lunatic  paupers,  . 
•'  "         "        "        to  meet  for  certain  purposes  in  July  and  De- 

cember, .... 

"  "         "    Hampden,  reimbursed  for  support  of  lunatic  paupers, 

"  "         "     Hampshire,  on  petition  of,  .  .  . 

"  "         "     Norfolk,  reimbursed  for  support  of  lunatic  paupers, 

"  "         "  "         to  lay  out  road  and  bridge  in  Dorchester, 

Committees,  School,  authorized  to  dismiss  teachers,  in  certain  cases. 
Common  Pleas,  Court  of,  duties  of  Municipal  Court  transferred  to, 
"  "  "      "    additional  judge  of,  created,  their  duties, 

"  "  "      "    in  Middlesex,  time  for  holding,  changed, 

"  "  "      "    and  Municipal,  in  Bosion,  in  addition,  relating  to, 

"  "  "      "    and  Supreme  Judicial,  in  addition,  relating  to, 

"  "  "      "    in  Hampden,  time  for  holding  changed, 

"  "  "      "    in  Hampden,  additional  terms  established, 

"  "  "      "    salaries  of  judges  of,     .  . 

Concord  Steam  Power  Company,  incorporated, 
CoNET,  John  v..  Treasurer  of  Herring  Pond  to  sell  land  jointly  with, 
Congregational  Ministerial  Fund,  in  Hadley,  Trustees  to  distribute. 
Constables,  to  give  bonds  in  certain  cases. 
Constitution  of  tlie  United  States,  concerning  amendments  to. 
Conveyance  of  Real  Estate,  to  prevent  frauds  in, 

"  and  sale  of  trust  estates,  .... 

Convicts,  support  of,  to  whom  chargeable, 

"  additional  sentence  of,  in  State  Prison, 

"  Insane,  concerning  removal  of,  from  the  State  Prison, 

"  discharged,  concerning,         .... 

"         in  State  Prison,  to  be  supplied  with  books  and  lights, 
"         punishment  of,  ....  . 

Copper  Company,  Isle  Royal,  incorporated, 

"  "  Revere,  to  increase  capital  stock, 

Cordis  Company,  in  Millbury,  incorporated, 
Corey,  George  V.,  trustee,  to  convey  real  estate  in  Boston, 

"       Stephen,  guardian,  to  sell  real  estate. 
Corporations,  (Banks,  Rail-roads,  Insurance  Offices,  Manufacturing  Corpora 
tions.  Bridge,  Turnpike  and  Canal  Corporations,)  to  make  annual  returns  to 
assessors  of  towns,  for  purposes  of  taxation,  and  penalty  for  neglect. 
Costs  in  Civil  Actions,  discontinued  for  bankruptcy  of  defendant, 

"    of  Trustees,  concerning,  ..... 

Council,  Senate,  and  House  of  Representatives,  pay  of  members. 
County  Commissioners,  duties  of,        . 

"  *'  for  Barnstable,  may  build  road  and  bridge  over 

Creek,  .... 

**  "  "  Bristol,  to  meet  for  certain  purposes  in  July  and  De 

cember, 
"  "  "  Hampshire,  on  petition  of, 

**  "  "   Norfolk,  to  lay  out  a  road  and  bridge  in  Dorches 

ter,       .... 
"    of  Berkshire,  concerning  removal  of  public  offices  from  Lenox  to  Pittsfield, 


Page  315 

44 

303 

297,  321 

72,  302 

192 

166 

4 

5,  29,  480 

20 
173 
264 
279 
583 
6 
426 
312 
319 
424 
79,  293 
211 
422 

31 

44 
220 
504 
616 
464 
454 
401 
226 
318 

63 


60 

27 

512 

82,  806,  594 
554 


Mill 


18 

44 
297,  321 

192 
65 


INDEX. 


IX 


County  of  Berkshire,  reimbursed  for  support  of  insane  paupers,   .'  .  Page  73,  295 

"      "  Bristol,  reimbursed  for  support  of  insane  paupers,        .  .  .  315 

"      "  Hampden,  reimbursed  for  support  of  lunatic  paupers,     .  .  .  303 

"      "  Norfolk,  reimbursed  for  support  of  lunatic  paupers,      .  .  .72,  302 

"      Taxes  granted,  ......  77,310,012 

Court,  Common  Pleas,  duties  of  Municipal  Court  transferred  to,  .  .       Page  4 

"  "  "      additional  judge,  their  duties,     ....  5,29,480 

"  "  "       and  Municipal  Court,  in  Boston,  relating  to,        .  .  173 

**  "  "       salaries  of  judges  of,      . 

"  "  "      and  Supreme  Judicial,  in  further  addition,  concerning, 

"  "  "       in  County  of  Hampden,  additional  terms  established, 

"  "  "        "      "         "         "  time  for  holding  changed, 

"  "  "       "       "         "  Middlesex,  time  for  holding  changed, 

"      Municipal,  costs  in,  how  taxed  and  certified, 
"       Probate,  for  Barnstable,  salary  of  judge  of,  .  .  . 

"  "         for  Hampden,  when  and  where  held,  . 

"  "         "    Hampshire,  when  and  where  held, 

"  "         in  Medway,  time  changed  for  holding,    . 

"  "        in  Middleborough  and  Rochester,  time  changed  for  holding, 

"  "        for  Nantucket,  terms  of,  . 

"  "        "  "  salary  of  judge  of,         . 

"  "        "  "  "      "  register  of,     . 

"  "        expenses  of,  act  concerning  repealed, 

"  "        judges  of,  to  appoint  trustees  in  certain  cases, 

"  "  "         "  salaries  of,  .... 

"      Police,  of  Boston,  power  to  send  idle  and  dissolute  children  to  House  of 

Reformation,  ..... 

"  "       of  New  Bedford,  judge's  salary,  duties  as  clerk,  &c., 

"       Supreme  Judicial,  salary  of  justices,      .... 

Courts,  Clerks  of,  to  make  returns  of  fees,  under  penalty, 
"  "        "  requirement  of  returns  from,  repealed. 

Cranberries  on  Gay  Head,  to  protect,  .... 

Crime,  statistics  of,  annual  reports  to  be  made  by  Attorney  for  Suffolk  and  Dis 
trict  Attorneys,       ....... 

Criminal  Cases,  concerning  bail  in,     .  ; 

"        Laws,  codification  of,  commission  reduced,  pay  of  commissioners, 

Crocker  Mills  in  Fitchburg,  incorporated,       .... 

D. 


Dam  over  Bayley's  Creek,  Sawyer  and  Allen  to  build,     . 
Danforth,  J.  A.,  cashier  of  Wareham  Bank,  forfeiture  refunded, 
Danvers,  town  of,  to  put  down  and  maintain  channel  poles  in  certain  rivers, 
Dartmouth,  part  of,  annexed  to  New  Bedford, 

"  Bridge,  rates  of  toll  at,  further  regulated,  . 

Davis,  Letlice,  compensation  for  revolutionary  services  of  her  late  husband, 
Davisville  Manufacturing  Company,  in  Nortliborough,  incorporated. 
Deaf  and  Dumb,  Asylum  for,  who  may  be  admitted. 
Deaths,  Births,  ajid  Marriages,  concerning  registry  and  returns  of,  &.C., 


INDEX. 


Debtors,  Insolvent,  for  relief  of,  and  more  equal  distribution  of  their  effects, 

"         Poor,  concerning,      ...... 

Decisions  of  Supreme  Court,  Secretary  to  forward  reports  of,  to  the  several 

States,        .... 
Deed,  concerning  trusts  created  by. 
Deeds,  Registers  of,  duties  of, 
"       Registry  of,  relating  to, 
Dennison,  Arad,  pension  to,    . 

Departments,  Fire,  villages  and  districts  empowered  to  establish, 
Dewey,  Samuel  O.,  compensation  for  arresting  a  fugitive  from  justice, 
DiGHTON  Mutual  Fire  Insurance  Company,  incorporated, 
Dillon,  James,  and  Samuel  F.  Holbrook,  to  extend  wharf  in  Boston, 
Discharged  Convicts,  relating  to,        . 
Disputed  Territory  Fund,  concerning, 
District  of  Marshpee,  concerning,     .... 

"        Attorney,  to  make  yearly  returns  to  Secretary, 

"  "         to  appear  in  behalf  of  Commonwealth  in  their  several  districts 

"  "        for  Suffolk,  to  give  opinions  to  Council,  Legislature,  &c., 

"  "  "        "        to  give  up  note  to  Timothy  Paine, 

"  "  "         "        salary  and  duties, 

"  "  "    Northern  District,  salary  established, 

"  "  "    Southern  District,  salary  established. 

Divorce,  may  be  granted  for  causes  which  occurred  out  of  the  State,  in  certain 

casea,         ....... 

Documents  and  Laws,  Secretary  to  distribute,    . 

Doorkeepers,  Messengers,  and  Pages,  pay  of, 

Dorchester,  County  Commissioners  of  Norfolk,  authorized  to  lay  out 

bridge  in  town  of,   . 
Dorr  Manufacturing  Company,  incorporated,     . 
Douglas,  First  Congregational  Society  of,  may  sell  lands,  &c.,  . 
Doyle,  Rhoda,  judge  of  probate  for  county  of  Essex  to  appoint  a  trustee 
Duck  Company,  Boston,  incorporated,    .... 
Dudley,  First  Congregational  Society  of,  records  of,  made  valid, 

"        Indians,  guardian  to  repair  dwellings  of, 
DuRFEE,  Nathan  and  Joseph,  to  extend  wharf  in  Fall  River, 
DuxBURY,  proportion  of  income  of  School  Fund  to  be  paid  to, 
DwiGHT  Manufacturing  Company,  in  Springfield,  capital  stock  increased, 


Page  288 
256 

312 

10 

524 

209 

.621 

252 

297 

404 

165 

504 

298 

226 

61 

61 

61 

329 

6,423 

412 

401 


43 
610 
76,  306,  593 
road  and 

192 
470 

17 
650 
415 

18 
620 
416 
323 
155 


for. 


E. 

Eager,  Harriet  W.,  to  invest  in  certain  real^state  in  Northborough, 
Eagle  Cotton  Gin  Manufacturing  Company,  in  Bridgewater,  incorporated, 
East  Bridgewater  Bank,  further  time  to  close  its  concerns, 

"      Boston  Cotton  Mills,  incorporated,  .... 

"     Parish  Congregational  Society,  in  Haverhill,  to  sell  parsonage  lands, 
Eastern  Aroostook  Road,  Land  Agent  authorized  to  improve,    . 

"        Exchange  Hotel  Company,  in  Boston,  incorporated,     . 

"         Rail-road  Company,  to  uncover  a  tunnel  in  Salem, 

"  "  "         to  receive  interest  money  from  Commonwealth, 

"  "  "  to  construct  a  branch. 


321 

222 
9 
477 
475 
304 
202 
227 
227 
576 


INDEX. 


xi 


Eddy,  William  P.  and  Daniel  B.,  to  extend  ■wharf  in  Boston, 
Education,  Board  of,  concerning  reports  of,       . 

"  Brigham  Fund  for,  established  in  Marlborough,        , 

Eldridge,  Waterman,  and  others,  to  build  wharf  in  Barnstable, 
Elections,  sunset  law  repealed,  ..... 

"  of  Representatives  to  General  Court,  when  choice  is  not  made  on 

first  ballot,  concerning,    .  .  .  .  . 

"  in  Boston  for  1845,  concerning,         .... 

Electors  of  President  and  Vice  President,  time  for  making  returns  of  votes  for, 
Elliot  Meeting  House,  in  Natick,  Proprietors  of,  incorporated,  . 
"      Religious  Society,  in  Newton,  incorporated, 
"      William  H.,  compensation  for  militia  services,    . 
"      Lucy,  compensation  for  revolutionary  services  of  her  late  husband, 
Ellms,  Mary,  deceased,  trustee  to  sell  real  estate  of,       . 
Embezzlement,  act  concerning,  applied  to  officers  of  banks, 
Emerton,  Increase  N.,  of  Lynn,  pension  allowed  to,      . 

Emigrants,  Boston  Society  for  the  diffusion  of  information  among,  incorporated, 
Episcopal  City  Mission,  in  Boston,  incorporated. 
Equitable  Life  Assurance  Society,  in  Boston,  incorporated, 

"  "  "  "         "         "      allowed  further  time  to  complet 

subscriptions  to  the  stock, 
"  Marine  Insurance  Company,  in  Provincetown,  incorporated, 

Essex  Bank,  allowed  further  time  to  close  its  concerns, 

"      Company,  incorporated,  ...... 

"      Hosiery  Company,  in  Danvers  and  Lynnfield,  incorporated, 
"      Mechanics  Mutual  Fire  Insurance  Company,  in  Salem,  incorporated, 
"      Steam  Mills,  in  Newburyport,  incorporated. 
Estate,  Real,  to  prevent  frauds  in  conveyance  of,  . 

Estates  of  persons  deceased  insolvent,  concerning  settlement  of, 

"       Trust,  concerning  sale  and  conveyance  of,  in  certain  cases, 
Executors  and  Administrators,  when  to  be  discharged  on  their  own  request, 


Page  430 
309 
171 
185 

58 


F. 


Factors,  principals  and  agents,  concerning, 

Fairh.iven,  to  be  paid  proportion  of  income  of  School  Fund, 

Fall  River  Bank,  capital  stock  reduced, 

"  "      Branch  Rail-road  Company,  incorporated,  . 

"  "      Iron  Works  Company,  to  manufacture  cotton  goods,  &:c. 

<'  "        "         "  "         to  extend  their  wharves, 

"  "      Whaling  Company,  to  extend  their  wharf. 

False  Returns,  by  officers  of  corporations,  penalty  for  making, 
Farmers'  Mutual  Fire  Insurance  Company,  in  Georgetown,  incorporated. 
Fees  of  Justices  of  the  Peace  to  include  only  one  travel, 

"      "  Jurors  in  criminal  trials,  concerning. 
Female  Asylum,  Boston,  to  hold  increased  amount  of  real  estate, 
Fire  Department,  in  Barre,  established, 

«  "  "   Chelsea,  established, 

«  «♦  «  Dorchester,  established,  . 


Xll 


INDEX, 


Fire  Department  in  Newton,  established, 

"  "  "   Salem,  establishing  board  of  engineers,    . 

"  "  "   Waltham,  established,    . 

"    Departments,  villages  or  districts  e.mpowered  to  establish. 
Fire  Districts,  concerning,     .  . 

"     Insurance  Companies,  Mutual,  concerning, 
Fish,  alewives,  further  regulations  for  preservation  of,  in  Agawam  and  Half-way- 
Pond  River,  in  Plymouth, 
"     pickled,  additional  regulations  concerning  manufacture  of  barrels  for  packing, 
"     River  Road,  in  Maine,  Land  Agent  authorized  to  repair  and  improve, 
Fisher,  Nancy,  deceased,  administrator  on  estate  of,  to  distribute  property, 
Fishery,  alewive,  in  Harwich,  further  regulated, 
"        in  Ipswich  River,  concerning, 
"        in  Little  River,  concerning,  _   . 
"        in  Palmer's  River  in  Rehoboth,  regulated, 
"         Shell,  in  Rowley,  for  protection  of, 
"        in  Taunton  Great  River,  regulated, 
Fishing  Company,  White  Pond,  incorporated,    , 
FisHWAY  at  Manning's  Dam  across  Ipswich  River,  concerning, 
FiTCHBURG  Rail-road  Company,  concerning,   . 

"  Woollen  Mill,  incorporated. 

Flour  Mill  Company,  Boston  Steam,  incorporated. 
Flower,  Spencer,  and  Harvey  Root,  to  sell  certain  real  estate, 
FoLLER,  Oliver,  certain  lands  in  district  of  Marshpee  to  be  set  off  to. 
Forgers,  &c.,  rewards  for  prosecution  and  conviction  of. 
Foreign  Wills,  concerning,     ..... 
Fort  Kent,  on  Fish  River  in  Maine,  concerning  occupation  of,      , 
Franklin,  Hampshire  and.  Rail-road  Company,  incorporated, 

"         Mutual  Fire  Insurance  Company,  in  Greenfield,  continued  for  twenty 

years,       .  ... 

"  *  "        Insurance  Company,  in  Boston,  incorporated, 

Frauds  in  conveyance  of  real  estate,  to  prevent. 
Fraudulent  transfers  of  stock,  to  avoid  taxation,  penalty  for. 
Freeman's  Bank,  capital  stock  increased, 
French,  Benjamin  V.,  and  Moses,  junior,  to  extend  wharf  in  Boston, 

"       Depredations  on  American  Commerce,  concerning. 
Fugitive  Slaves,  not  to  be  arrested  or  detained,  &c.,    . 
Fund,  Brigham,  for  education,  established  in  Marlborough, 

"     Congregational  Ministerial,  in  Hadley,  trustees  to  distribute, 
Furnaces,  use  of,         .....  . 


Page  21 
419 
15G 
252 
567 
402 

184 
171 
315 

77 
185 
427 
180,  478 
183 
225 
35,  182 
469 
434 
547 
412 
403 
301 
328 
480 

56 
296 
406 

175 
221 
211 

60 
418 
428 
299 

33 
171 
319 
517 


G. 


Gaming,  to  punish,         ........  535 

Gardner,  Apollos,  compensation  for  military  services,    ....  295 

Genealogical  Society,  New  England  Historic,  incorporated,     --  .  .  479 

General  Court,  relating  to  elections  of  representatives  to,        . .  .  .  191 

"  "        concerning  pay  of  members  of,  .  .  .  82, 306, 594 

"        Mutual  Fire  and  Marine  Insurance  Company,  in  Boston,  incorporated,  218 


INDEX. 


xui 


Georgetown  Branch  Rail-road  Company,  incorporated, 

"        and  Danvers  Rail-road  Company,  incorporated. 
Globe  Mutual  Insurance  Company,  in  Boston,  incorporated, 

"       Steam  Mills,  incorporated, 
GoDDARD,  Lucy,  to  pay,  .... 

"         Nathaniel,  on  petition  of,       . 
Goodwin,  George  J.,  trustee,  to  sell  real  estate, 

"  Ozias,  trustee,  to  sell  real  estate 

Goodyear  Manufacturing  Company,  incorporated. 
Government  of  the  State,  civil  list  of  members  of. 
Governor,  to  retain  counsel  inbehalf  of  Commonwealth, 

"  and  Lieutenant  Governor,  salaries  of, 

Grafton  Aqueduct  Company,  incorporated, 
"         Indians,  trustee  of,  to  sell  real  estate, 
"  "  "         "   allowance  to, 

Grand  Bank  at  Marblehead,  capital  stock  reduced, 

«         «       "  "  tax  refunded. 

Granite  Bridge  Corporation,  rates  of  toll,  &c., 
Grant,  Charles,  resolve  upon  petition  of. 
Grants  of  land  in  Maine,  concerning  commissioners  to  locate, 
Greenfield  Institute,  incorporated,  . 

"  and  Northampton  Rail-road  Company,  incorporated 

Greenleaf,  Gardner,  to  extend  wharf  in  Boston, 
"  Thomas,  trustee,  to  sell  real  estate, 

Greenough,  David  S.,  guardian,  to  sell  real  estate, 
Greenwich,  proportion  of  income  of  school  fund  to  be  paid  to, 
Groton  Branch  Rail-road  Company,  incorporated, 

"       and  East  Wilton  Rail-road  Company,  incorporated, 
Grouse,  or  Heath  Hen,  concerning  preservation  of. 
Gun  Houses,  Adjutant  General  to  make  repairs  on, 


H. 


.  Page  193 
242 
411 
509 
624 
322 
615 
71 
504 

135,  379,  691 
585 
6 
471 
323 
594 
188 
585 
420 
603 
332 
13 
398 
420 
601 

320,  596,  597 
320 
237 
556 
260 
610 


Hadley,  Congregational  Ministerial  Fund  in,  trustees  of,  to  distribute. 
Hale,  Ebenezer  and  Sarah  W.,  to  sell  real  estate. 
Hall,  Jacob,  and  A.  W.  Thaxter,  to  extend  wharf  in  Boston, 
Hampden  County,  compensated  for  support  of  lunatic  paupers,   . 

"  •'         times  of  holding  terms  for  Court  of  Common  Pleas  in,  altered, 

Hampshire  and  Franklin  Bank,  in  Amherst,  established, 

"  "  "        Rail -road  Company,  incorporated, 

"  County  Commissioners,  on  petition  of, 

Hancock,  James  S.,  allowance  for  arrest  of  fugitive  from  justice, 
Hanover,  proportion  of  income  of  School  Fund,  to  be  paid  to,     . 
Hanson,  proportion  of  income  of  School  Fund,  to  be  paid  to, 
Harrison  Avenue  Congregational  Society,  in  Boston,  incorporated, 
Hartford  and  Springfield  Rail-road  Corporation,  time  for  completion  ex- 
tended, 

"  "  "  "  "  to  unite  with   Hartford 

and  New  Haven  Co., 


319 

618 

9 

75,  303 

279 

476 

406 

297,  321 

608 

310 

303 

512 

162 

162 


XIV 


INDEX. 


Hartford  and  Springfield,  or  Western  Rail-road  Corporations,  to  unite  with 

Northampton  and  Springfield  Rail-road,  .  Page  16G 

"  "  "  Rail-road  Corporation,  to  change  name, 

Hartt,  Betsey,  and  C.  G.  Loring,  trustees  to  sell  real  estate, 
Harvard  Congregational  Society,  in  Brookline,  to  borrow  money,  &c., 
"         Musical  Association,  incorporated,     . 
"         Street  Baptist  Society,  incorporated, 
Harwich,  Alewive  Fishery  in,  further  regulated, 

"  proportion  of  income  of  School  Fund  to  be  paid  to, 

Hatfield  and  Williamsburg,  dividing  line  between, 
Haverhill,  Institution  for  Savings  in,  to  change  name, 
Hawlet,  town  of,  reimbursed  for  militia  bounty  paid  by  Treasurer, 
Hatden,  William,  and  Thomas  M.  Brewer,  appointed  publishers  of  the  laws, 
Hearset,  Albert,  compensation  for  arresting  a  criminal. 
Heath  Hen,  or  Grouse,  concerning  preservation  of, 
Herring,  Daniel,  pension  to,     . 

"         River  Company,  incorporated, 
Hewins,  Elijah,  and  Miligan,  released  as  sureties  from  claim  of  the  Common 
wealth,       ...... 

Highways,  common,  to  lay  out  turnpike  roads  as, 
Hinckley,  Isaiahj  to  build  a  wharf  in  Barnstable, 
Hingham  Bank,  capital  stock  reduced, 

History,  Colonial,  or  other  of  this  Commonwealth,  Governor  to  procure  documents 
concerning,  ..... 

Hoar,  Samuel,  concerning  his  treatment  by  South  Carolina, 

HoLBROOK,  Samuel  F.,  and  James  Dillon,  to  extend  wharf  in  Boston, 

HoLLis  Street  Church,  in  Boston,  proprietors  to  borrow  money, 

Holyoke  Mutual  Fire  Insurance  Company,  incorporated, 

Hope  Insurance  Company,  in  Boston,  to  make  certain  divisions  of  profits. 

Hoppin,  John,  to  extend  wharf  in  Boston, 

Hosiery  Company,  Essex,  incorporated, 

Hospital,  State  Lunatic,  concerning,    .... 

House  of  Representatives,  Council  and  Senate,  pay  of  members  of, 

"      "  "  concerning  journals  and  files  of, 

"       "  "  "  organization  of, 

"       "  "  pay  of  clerks  of, 

"       "  "  seats  to  be  arranged  in  Chamber  of, 

"       "     Reformation,  Boston,  branches  of,  may  be  established, 

"       "  "  "        children  in  certain  cases  may  be  sent  to, 

Houses  of  Correction,  duties  of  master  or  overseers  of,  in  certain  cases, 

"         "  "  concerning  Sabbath  Schools  in, 

Howard  Hall,  in  Lowell,  proprietors  incorporated. 
Hunt,  Jane,  Commonwealth's  claim  to  land  in  Roxbury  released  to, 

"       Nathaniel,  guardian  of  the  Dudley  Indians,  to  repair  houses, 
Huntington,   Asahel,  concerning  payment  of  expenses  incurred  in  examina- 
tion of,       ....  ....  648 

Husband  and  Wife,  concerning,         .  .  .  .  .  531 


414 
602 
576 
464 

25 
185 
298 
466 
413 

78 
295 
620 
260 
68,73 
482 

314 
533 
176 
161 


585 

626 

165 

563 

9 

245 

215 

403 

309,  316,  617 

82,  306,  594 

256 

244 

66,  330,  648 

624 

13 

13 

31 

646 

516 

617 

620 


INDEX. 


XV 


I. 


Imprisonment  of  Citizens  of  this  Commonwealth,  concerning,     .  .  Page  81,  330 

Indictment  for  larceny,  how  construed,              .....  3 

Industry,  to  obtain  statistical  information  in  relation  to  branches  of,        .              .  491 

Insane  Convicts,  concerning  removal  of,  from  State  Prison,       .              .              .  220 
Insolvent  Debtors,  in  addition  for  relief  of,  and  more  equal  distribution  of  their 

effects,      .........  288 

Inspection  of  Clam  Bait,  repealed,        ......  177 

Institute  of  Instruction,  American,  in  aid  of,    .....  644 

Institution  for  Savings,  Cabot  Savings  Bank  in  Cabotville,  established,            .  430 

"              "          "         Cohasset  Savings  Bank,  in  Cohasset,  established,        .  437 

"               "         "         in  Haverhill  and  vicinity,  title  changed,          .              .  413 

"              "         "          Lancaster  Savings  Bank,  established,              .             .  465 

"               "          "         Quincy  Savings  Bank,  established,                 .             .  480 

"              "         "         in  Salem,  title  changed,        ....  4 

Insurance  Companies,  may  invest  funds  in  railroad  stock,        .             .             .  418 

"                "            clerks  of,  to  make  returns,           ....  60 

"                "            Mutual  Fire,  concerning,            ....  402 

"  "  on  Lives,  for  benefit  of  married  women  and  other  persons, 

concerning,               .....  192 

"        of  Trust  property  by  Trustees,           .....  46 

Insurance  Company,  Alliance  Mutual,  in  Boston,  incorporated,  .              .              .  277 
"                 "          American  Mutual,  in  Boston,  incorporated,             .             .  210 
"                 "          Atlantic  Mutual,  in  Boston,  incorporated,                .              .  52 
"                "          Attleborough  Mutual  Fire,  incorporated,  .              .              .  178 
"                "          Bedford  Commercial,  in  New  Bedford,  to  make  certain  divis- 
ions of  profits,               .....  196 

"                "          Beverly,  incorporated,       .              .              .              .             .  160 

"                "          Bowditch  Mutual  L'fe,  incorporated,         .             .             .  568 
"                "         Boylston  Fire  and  Marine,  in  Boston,  continued  for  twenty 

years,              ......  189 

"                 "          City  Mutual  Fire,  in  Boston,  incorporated,              .             .  505 

"                 "          Cohasset  Mutual  Fire,  incorporated,          .             .             .  476 

"                "          Dighton  Mutual  Fire,  incorporated,           .             •             .  404 

"                "          Equitable  Life  Assurance  Society,  in  Boston,  incorporated,  281 

«                "                 "          "            "              "         "        "      concerning,  564 

"                •'                 "        Marine,  in  Provincetown,  incorporated,               .  409 

"                "                  "         Safety,  may  divide  income,        ...  29 

"                '■         Essex  Mechanics'  Mutual  Fire,  incorporated,         .             .  155 

"                "          Farmers'  Mutual  Fire,  in  Georgetown,  incorporated,           .  175 

"                 "          Franklin  Mutual,  in  Boston,  incorporated,               .              .  221 
"               "                "            "        Fire,  in  Greenfield,  continued  for  twenty 

years,            ....  175 

"                "        General  Mutual  Fire  and  Marine,  in  Boston,  incorporated,  218 

"                "         Globe  Mutual,  in  Boston,  incorporated,                    .              ,  411 

"                "        Hope,  in  Boston,  to  make  certain  divisions  of  profits,           .  245 

"                "        Lowell  Equitable  Life,  incorporated,           .             .             .  239 


XVI 


INDEX. 


Insurance  Company,  Marblehead  Marine,  continued  for  twenty  years,    , 
"  "        Marine,  in  Provincetown,  incorporated, 

"  "        Mercantile  Marine,  in  Boston,  to  make  certain  divisions  of 

profits,  ..... 

"  "        Mutual  Marine,  in  New  Bedford,  incorporated, 

"  "         Neptune  Mutual,  in  Boston,  incorporated,  . 

"  "         New  England  Fire  and  Marine,  incorporated, 

"  "         New  England  Mutual  Life,  in  Boston,  authorized  to  insure 

on  lives  otherwise  than  on  the  mutual  principle, 
"  "         New  England  Mutual  Marine,  in  Boston,  to  divide  interest 

upon  invested  funds,     .... 
"  ''         Old  Colony,  in  Plymouth,  additional  powers  conferred, 

"  "         Oriental,  in  Salem,  continued  for  twenty  years, 

"  "         Salem,  for  fire  and  marine  risks,  incorporated, 

"  "         South  Cove,  for  fire  and  marine  risks,  in  Boston,  incorporated 

"  "         South  Mutual  Fire,  in  South  Boston,  incorporated, . 

"  "         State  Mutual  Fire,  in  Boston,  incorporated, 

"  "  "  "       Life  Assurance,  in  Worcester,  incorporated, 

"  "        Traders'  Mutual,  in  Boston,  incorporated,  . 

"  "        Tremont,  in  Boston,  to  make  certain  divisions  of  profits, 

"  "        Tremont  Mutual,  in  Boston,  incorporated,  . 

"  "         Truro  Fire  and  Marine,  charter  repealed,  . 

"  "         Union,  in  Provincetown,  capital  stock  increased,    . 

"  "         Union  Mutual  Fire,  in  Boston,  incorporated, 

"  "  "  "  "      "         "       to  keep  separate  accounts  of 

yearly  policies  and  policies  for  seven  years, 
"  "         United  States,  in  Boston,  continued  for  twenty  years, 

"  "         United  States  Mutual,  in  Boston,  incorporated, 

"  "         Washington  Fire  and  Marine,  continued  for  twenty  years, 

"  "         Washington  Mutual,  in  Boston,  incorporated, 

Ipswich  River,  concerning  fishery  in,  . 

"  "        concerning  fishway  at  Manning's  Dam, . 

Ireland  Academy,  in  West  Springfield,  Proprietors  of,  incorporated, 

"        Maria,  a  minor,  to  convey  real  estate  in  Newton, 
Irish  Benevolent  Society,  Lowell,  incorporated,. 

Iron  Company,  South  Boston,  to  extend  wharf,  .... 
"  "  Tremont,  in  Wareham,  incorporated, 

"    Works,  Richmond,  to  do  business  in  Great  Barrington, 
"  "  "  capital  increased,         .... 

"  "       Company,  Fall  River,  to  extend  wharves,  . 

"  "  "  "         "      to  manufacture  cotton  goods. 

Isle  Royal  Copper  Company,  incorporated,       .... 


Page  38 
185 


J. 


Jackson,  William,  compensation  as  Director  of  Western  Rail-road  Corporation, 
James  Steam  Mills,  in  Newburyport,  capital  stock  increased,  . 
Jamieson,  heirs  of  Thomas,  to  receive  amount  of  estate  of  deceased, 
Johnson,  William,  a  Chappequiddic  Indian,  pension  to,  . 


86 
261 

78 
593 


INDEX. 


xvii 


JoHONNOT  Fund,  trustees  of  the  State  Lunatic  Hospital,  to  use,  . 

Jones,  Abel  B.,  and  others,  organized  as  a  company  of  riflemen, 

"      Alexander,  deceased,  trustee  under  his  will  may  sell  real  estate,  . 

"      Ebenezer,  and  others,   treasurer  to  surrender  their  notes  on  certain  con 
ditions,         ....... 

"      Manufacturing  Company,  in  Templeton,  incorporated, 

"      River,  Old  Colony  Rail-road  Company  to  build  a  bridge  over. 
Journals  and  Files  of  House  of  Representatives,  concerning,    . 
Jurors'  Fees  in  criminal  trials,  concerning,        .... 
Justices  of  the  Peace,  Fees  to  include  only  one  travel,. 
JuvEisriLE  Offenders  in  City  of  Lowell,  concerning,     . 


84 

75 

589 

75 
396 
464 
256 
561 

34 
577 


K. 


Kendall,  Hugh  R.,  guardian,  to  convey  minor's  real  estate, 
Kidder,  William,  pension  to,     . 

KiLHAM,  Edward,  and  Albert  Thorndike,  trustees,  to  sell  real  estate. 
King,  William  J.,  trustee,  to  sell  real  estate  in  Fall  River, 


68 

66 

590 

589 


L. 


Lancaster  Mills,  incorporated, 

"  Savings  Bank,  established,  . 

Land  Agent,  accounts  of,  concerning,  . 

"  "        salary  of,  ...  . 

"  "        to  build  roads  and  survey  lands  in  Maine,. 

"  "        to  improve  the  Eastern  Aroostook  Road,   . 

"  "        to  improve  and  repair  the  Fish  River  Road,  in  Maine, 

"  "        to  act  in  certain  cases, 

"  "        to  convey  land  to  Juliana  Philbrook, 

"  "        to  sell  land  in  Maine, 

Land  Bounty,  fifty  dollars  allowed  James  Battle, 
Larceny,  in  dwelling  house,  in  night  time,  to  punish, 

"         in  shops  and  other  places,  in  night  time,  to  punish, 
"         indictment  for,  how  construed. 
Law  Library  Associations,  in  addition,  relating  to, 
Lawrence,  S.  A.,  company  under  his  command  to  receive  militia  bounty 
Laws,  Criminal,  to  pay  Commissioners  for  codifying, 

"       Publishers  of,  appointed, 
Legislature,  compensation  of  the  Chaplains  of  the, 
«  "  "     "    Clerks  of  the, 

"  "  "     "    Doorkeepers,  Messengers  and  Pages 

Lever,  John,  title  of,  to  certain  real  estate  in  Douglas,  confirmed, 
Levy,  John,  a  foreigner,  empowered  to  hold  real  estate,  . 
Lexington  Ministerial  Fund,  distribution  of  income  of,  . 

"  and  West  Cambridge  Rail-road  Company,  incorporated, 

Leyden  Chapel,  in  Boston,  incorporated. 
Libraries,  School  District,  concerning. 


of. 


157 

465 
76,300,611 
6 
74,  300 
304 
315 
614 
604 
311,  607 
587 
3 
406 
3 
260 
65 
626 
295 
76,  306,  593 
66,  330,  648 
70,  306,  593 
328 
68 
457 
510 
397 
311,645 


XVlll 


INDEX. 


Library  Association,  Mercantile,  incorporated,  . 
"        Associations,  Law,  in  addition,  relating  to, 
"        of  General  Court,  appropriation  for. 
License  Law,  Governor  to  retain  council  in  an  action  pending  in  Supreme  Court 

relating  to,     . 

Lien  created  by  the  policy  of  Mutual  Insurance  Companies,  concerning. 

Life  Assurance  Company,  Bowditch  Mutual,  in  Boston,  incorporated, 

"  "  "  State  Mutual,  in  Worcester,  incorporated, 

"  "  Society,  Equitable,  in  Boston,  incorporated, 

"  "  "  "         "        "      concerning, 

"     Insurance  Company,  Lowell  Equitable,  incorporated, 

"  "  "         New  England  Mutual,  to  insure  on  lives  otherwise  than 

on  the  mutual  principle. 

Light  House  on  Minot's  Ledge,  on  the  erection  of. 

Limited  Partnerships,  concerning, 

Lincoln,  Charles,  late  Warden  of  the  State  Prison,  one  year's  salary  to  be  paid  to 

widow  of,  ...... 

"        John  W.,  sheriff,  allowance  for  apprehension  of  an  escaped  prisoner, 
"  "       "     a  director  in  the  Western  Rail-road  Company,  allowance  to 

A.  H.  Bullock,  assignee,  for  services  of,. 
"         Joseph,  to  extend  wharf  in  Boston,      .... 

Liquors,  Spirituous  and  Fermented,  concerning  prosecutions  for  the  sale  of. 
Little,  Josiah  S.,  assignee  of  trustees  of  Williams'  College,  allowed  compensa 
tion,  ..... 

"       River,  concerning  fishery  in,     . 
Location  of  Lands  in  Maine,  Commissioners  on. 
Lord's  Day,  further  provisions  made  for  the  observance  of, 
LoRiNG,  Caleb  W.,  trustee,  to  sell  real  estate, 

"        C.  G.,  and  F.  C,  trustees,  to  sell  real  estate, 
"       C.  G.,  and  Betsey  Hartt,  trustees,  to  sell  real  estate, 
"        George  B.,  and  others,  allowed  militia  bounty, 
LoTHROP,  Thomas,  to  extend  wharf  in  Provincetown, 
Louisiana  and  South  Carolina,  relating  to, 
LovELL,  C3'rus,  trustee,  to  sell  real  estate. 
Low,  Betsey,  in  favor  of,  . 

"     John  v.,  assistant  messenger,  in  favor  of,  . 
Lowell  Bank,  capital  stock  reduced, 
"         City  Charter  amended, 

"         Equitable  Life  Insurance  Company,  incorporated, 
"        Irish  Benevolent  Society,  incorporated,. 
"        Juvenile  Oifenders  in,  concerning, 
"         Machine  Shop,  incorporated,     . 

"         and  Nashua  Rail-road  Company,  capital  stock  increased 
"         Proprietors  of  Howard  Hall  in,  incorporated, 
"  "  "   Third  Universalist  Meeting  House  in,  incorporated, 

Lunatic  Hospital,  State,  concerning,     . 

"         Paupers,  State,  allowance  for  support  of, 
Lyceum,  South  Boston,  incorporated, 
Lynn  Mechanics'  Bank,  capital  stock  reduced,    . 
"     Natural  History  Society,  incorporated. 


Page  479 
260 
320 

585 
402 
568 
285 
281 
564 
239 

192 
71 

427 

331 

595 

600 
222 
208 

586 
180,  478 

86 
263 
601 
311 
602 

72 
178 
648 

77 
308 
73,  648 
172 
523 
239 

18 
577 
400 
429 
516 

17 
316 
607,  645 
241 
190 
397 


INDEX. 


XIX 


M. 


Machine  Shop,  Lowell,  incorporated,    .... 
Maine,  Boston  and.  Rail-road  Extension  Company,  incorporated, 

"  «  "  "  "  "  to  build  a  sea  wall, 

"  "  "  "  "  "  to  unite  with  Boston  and  Maine 

Rail-road  Company, 
"       Fish  River  Road  in,  Land  Agent  to  repair  and  improve 
"       survey  of  townships  in,. 
"       Wharf  in  Boston,  to  extend, 
Manamsha  Creek,  to  construct  a  bridge  over. 
Manning's  Dam  over  Ipswich  River,  concerning  fishway  at. 
Manufacturers'  Bank,  in  Rowley,  title  changed. 
Manufacturing  Corporations,  American,  to  manufacture  wool   and  woollen 

goods,     .... 
"  "  American  Hosiery  Company,  incorporated, 

"  "  "  "  "  respecting    indi 

vidual  liability  of  stockholders,  repealed, 
"  "  Baldwin,  in  Chelmsford,  incorporated, 

"  "  Ballard  Vale,  capital  increased, 

"  "  Bartlett  Steam  Mills,  to  increase  number  of 

shares  in  capital  stock, 
"  "  Boston  Duck,  incorporated, 

"  "  "       Hemp,  to  increase  number  of  shares  in 

capital  stock, 
"  "  "      Steam  Flour  Mill,  incorporated, 

"  "  Bristol  Printing  Company,  incorporated, 

"  "  Clerks  of,  to  make  returns,     . 

"  "  Clinton,  capital  stock  increased, 

"  "  Concord  Steam  Power,  incorporated 

"  "  Cordis,  in  Millbury,  incorporated, 

"  "  Crocker  Mills,  incorporated,  . 

"  "  Davisville,  in  Northborough,  incorporated 

"  "  Dorr,  in  Roxbury,  incorporated, 

"  '•  Dwight,  in  Springfield,  capital  stock  increased, 

"  "  Eagle  Cotton  Gin,  in  Bridgewater,  incorporated, 

"  "  East  Boston  Cotton  Mills,  incorporated, 

'*  "  Essex,  incorporated,  . 

"  "  "      Hosiery,  incorporated, 

"  "  "       Steam  Mills,  in  Newburyport,  incorpor 

ated, 
"  "  Fall  River  Iron  Works,  to  manufacture  cotton 

goods,    .... 
"  "  Fitchburg  Woollen  Mill,  incorporated, 

"  "  Globe  Steam  Mills,  incorporated, 

*  "  Goodyear,  incorporated, 

"  "  Isle  Royal  Copper,  incorporated, 

"  "  James  Steam  Mills,  in  Newburyport,  capital 

stock  increased,  .... 


Page  400 
279 
555 


261 


XX 


INDEX. 


Manufacturing  Corporations,  Jones,  incorporated,  ....  Page  396 

"                           "                Lancaster  Mills,  incorporated,             .             .  157 

"                            "                 Lowell  Machine  Shop,  incorporated,  .             .  400 

"                            "                 Marblehead,  incorporated,      .              .              .  477 

"                            "                 Massachusetts  Woollen,  incorporated,              .  584 

"                            "                 Massasoit  Steam  Mill,  incorporated,  .              .  400 

"                           "                 Nelson  Mills,  in  Winchendon,  incorporated,   .  151 

"                           "                Nissitisset,  incorporated,        .             .             .  474 

"                            "                 Norfolk  Lead,  incorporated,   .              .             .  508 
"                            "                 Old  Colony  Iron  Company,  in  Taunton  and 

Raynham,  incorporated,  .              .              .  155 

"                            "                 Parker  Mills,  incorporated,     .              .              .  401 

"                            "                 Perkins  Mills,  capital  increased,         .              .  401 

"                            "                 Prescott,  in  Lowell,  incorporated,       .              .  158 

"                            "                 Revere  Copper,  capital  increased,       .              .  401 
"                            "                 Richmond  Iron  Works,  to  do  business  in  Great 

Barrington,          ....  470 

"                            "                 Roxbury  Color  and  Chemical,  capital  increased,  465 

"                           "                 Steel  Cannon,  in  Brighton,  incorporated,         .  428 

"                             "                 Stoneville,  authorized  to  reorganize,  .              .  3Ji 

"                            "                 Tax  on  sales  of  stock  in,  regulated,   .              .  168 

"                            "                 Tremont  Iron,  in  Wareham.  incorporated,       .  431 

"                            "                 Watatick,  in  Ashburnham,  incorporated,          .  187 

"                            "                 Wheaton,  in  Norton,  incorporated,      .             .  152 

Map  of  Commonwealth,  publication  and  distribution  of,  .  .  ,     82,  312,  604,  615 

"     "               "               to  be  corrected  from  time  to  time,           .             .              .  587 

"    delineating  Rail-roads,  concerning,             .....  622 

Marblehead  Breakwater  Company,  incorporated,           ....  501 

"            Female  Humane  Society,  incorporated,     ....  489 

"            Manufacturing  Company,  incorporated,     ....  477 

"           Marine  Insurance  Company,  continued  for  twenty  years,    .             .  38 

Marine  Insurance  Company,  in  ProvincetoAvn,  incorporated,       .              .              .  185 

"               "               "           Equitable,  in  Provincetown,  incorporated,  .              .  409 
"        Railway  and  Wharf  Company,  in  New  Bedford,  to  plant  and  propagate 

oysters,    ........  248 

Marlborough  Chapel  Corporation,  sale  of  real  estate  to  W.  Sears,  confirmed,   .  586 

"               part  of  Southborough  annexed  to,            ...              .  53 

Marriage,  concerning,              .......  555 

Marriages  of  different  races,  Act  forbidding,  repealed,              ...  4 
"          Deaths  and  Births,  relating  to  registers  and  returns  of,  and  repealing 

former  Act,      .......  261 

Married  Women  and  other  persons,  concerning  insurance  on  lives  for  benefit  of,  192 

Marshpee,  Commissioner  of,  to  set  off  certain  lands  to  Oliver  Foller,      .             .  328 

"           Commissioners  of,  pay  of,    .             .             .             .             .              ,  609 

"           District  of,  concerning,       ......  226 

Massachusetts  Academy  of  Agriculture,  in  Westborough,  incorporated,            .  478 

"               Agricultural  Society,  in  favor  of,          .             .             .             .  296 

"               Horticultural  Society,  to  hold  real  estate,          .             .             .  157 

"              Missionary  Society,  name  changed,     ....  156 


INDEX. 


XXI 


Massachusetts  and  Rhode  Island,  concerning  boundary  line  between,  304, 311, 587, 624, 646 

"               Survey  of  coast  of,      .             .             .             .             .             .  514 

"               Temperance  Society,  incorporated,       ....  442 

"               and  Vermont  Rail-road  Company,  concerning', .             .             .  436 

"               Woollen  Manufacturing  Company,  incorporated,           .             .  584 

Massasoit  Steam  Mill  Company,  incorporated,  .....  400 

Masters  in  Chancery,  additional,  in  County  of  Middlesex,       .             .             .  404 

"        "          "                  "          "        "      "   Worcester,       .             .             .  281 

"        "          "           to  continue  proceedings  in  certain  cases,            .             .  239 

"         "           "            qualification  of,              .....  154,203 

Mayor  and  Aldermen,  concerning  annual  militia  returns  by,      ...  51 

"       of  Boston,  provisions  for  choice  of,         .             .             .             .             .  395 

Mechanics  Bank,  in  Boston,  capital  stock  reduced,         ....  175 

Medford  Branch  Rail-road  Company,  incorporated,        .             .             .             .  455 

"         proportion  of  income  of  School  Fund  to  be  paid  to,     .             .             .  322 

Medicine,  concerning  the  study  of,        .             .              .             .              .              .  571 

Medway,  times  of  holding  Probate  Court  in,  altered,      ....  224 

Melville,  Jonas,  compensation  for  damages  sustained  while  on  military  duty,     .  77 

Mercantile  Library  Association,  incorporated, .....  479 

"  Marine  Insurance  Company,  in  Boston,  to  make  certain  divisions  of 

profits,           .......  278 

"          Wharf  Corporation,  continued,       .....  397 

Merchants'  Bank,  in  Boston,  capital  stock  increased,    ....  202 

"               "       "  Newburyport,  capital  stock  reduced,          .              .              .  164 

"              "       "  Salem,  capital  stock  reduced,        ....  437 

Merwin,  Newton  P.,  compensation  for  arresting  a  criminal,        .             .             .  330 

Meserve,  Samuel,  and  others,  organized  as  a  company  of  artillery,         .              .  75 
Messages  of  the  Governor,  (Inaugural  Addresses,)         .             .             .          115,358,672 
«          «    "          "         (Special,)    .            130  to  134,  371  to  378,  681  to  690,  inclusive. 

Messenger  to  the  Governor  and  Council,  Assistant,  pay  of,         .             .            73,  308,  593 

"          "    "          "          "        "         salary  established,       ...  463 
Messengers  and  Doorkeepers,  pay  of,                 .             .             .             .            76, 306, 593 

Methodist  Episcopal  Church,  in  Cambridgeport,  First,  Trustees  incorporated,    .  579 

"                "              "        in  Dedham,  Trustees  incorporated,           .             .  555 

"         Society,  First  Wesley  an,  in  Lowell,  charter  amended,           .             .  460 

Methuen,  First  Parish,  to  tax  pews,      ......  30 

Middles orough,  to  be  paid  proportion  of  income  of  School  Fund,         .             .  302 

"                  Rail-road  Company,  incorporated,       ....  564 

"                 and  Rochester,  time  changed  for  holding  probate  courts  in,      .  425 

Middlesex  Bank,  continued,                  ......  4, 413 

"            additional  Master  in  Chancery  in  county  of,               ...  404 

Military  Accounts,  appropriation  for  payment  of,           .             .             .             .  325 

"         Documents,  transmission  of,                 .....  650 

"         Store-Keeper,  office  of,  abolished,       .....  8 

"                  "              late,  Henry  Sheafe,  relating  to,              ...  301 

Militia,  concerning,  in  further  addition,  &c.       .  .  -  .  206, 427, 572 

"        arsenals  in  Cambridge  and  Boston,  to  be  examined  by  committee  on,      ,  588 

"        bounties,  certain  towns  which  had  not  made  returns,  to  be  reimbursed,  298 

bounty  to  sundry  persons,        .            .            .            .72,  74,  80,  295,  299,  301 


XXII 


INDEX. 


Militia,  bounty,  towns  to  be  reimbursed,  provided, 

"        Companies  G  &  K,  1st  Regiment,  1st  Brigade,  1st  Division,  bounty  to 
"         Upton  Light  Infantry,  allowing  bounty  to,  . 

"        Samuel  Meserve  and  others  to  organize  an  artillery  company,     . 
"         Abel  B.  Jones  and  others  to  organize  a  rifle  company,    . 
"        compensation  to  Jonas  Melville,  for  damages  sustained  Avhile  on  military 
duty,  ....... 

"         laws.  Adjutant  General  to  publish  digest  of,      . 
"         concerning  returns,  annual  parades,  and  raising  companies  at  large, 
MiLLBURY  Bank,  capital  stock  reduced,  .... 

Mill  Company,  Massasoit  Steam,  incorporated, 

"    Fitchburg  Woollen,  incorporated,  .... 

Mills,  Crocker,  in  Fitchburg,  incorporated,         .... 

"        Ocean  Steam,  incorporated,         ..... 

"        Parker,  in  Wareham,  incorporated,  .... 

"        Perkins,  capital  stock  increased,  .... 

Miller,  Benjamin  W,,  to  extend  wharf,  .... 

"        William  and  Josiah  Pomeroy,  Jr.,  compensation  for  arresting  a  fugitive, 
"         William  R.,  Treasurer  to  give  up  obligations  to,  on  certain  conditions, 
MiLLiGAN,  Thomas  and  Elijah  Hewins,  released  as  sureties  from  further  claim  of 
the  Commonwealth,  ...... 

Ministerial  Fund,  Cambridge  First  Parish,  Trustees  of,  increased  powers, 
"  "       Congregational,  in  Hadley,  Trustees  to  distribute,    . 

"  "       Lexington,  distribution  of,  ... 

"  and  School  Funds  in  Maine,  relating  to,     . 

Minors,  principal  as  well  as  income  of  their  property  may  be  applied  to  their  use 
Minot's  Ledge  Light  House,  concerning  establishment  of, 
Montague,  town  of,  to  pay  balance  due  from  income  of  School  Fund  for  1842, 
MoREY,  George,  trustee,  to  sell  real  estate,         .... 

Morse,  Helen  and  Martha  Rand,  guardian  of,  to  sell  real  estate, 
Mortgages,  rail-road,  where  to  be  recorded,      .... 

"  of  personal  property,  concerning,     .... 

Mount  Hope  Canal  and  Wharf  Company,  time  for  building  canal  extended, 
"       Washington,  to  be  paid  proportion  of  income  of  School  Fund,     . 
"       Zion  Church,  in  Chelsea,  name  changed  and  incorporated, 
Municipal  Court,  in  Boston,  its  jurisdiction  transferred  to  C.  C.  Pleas,  &c. 

"  "        may  send  children,  in  certain  cases,  to  House  of  Reformation 

"  "        costs  in,  how  taxed  and  certified, 

"  "        and  Court  of  Common  Pleas,  in  addition,  relating  to 

Museum,  Boston,  capital  stock  increased, 
Musical  Association,  Harvard,  incorporated. 
Mutual  Fire  Insurance  Companies,  concerning, 

"  "  "  Company,  Cohasset,  incorporated, 

"  "  "  "         Dighton,  incorporated, 

"  "  "  "         Holyoke,  in  Salem,  incorporated, 

"  "  "  "         South,  in  South  Boston,  incorporated, 

"        Insurance  Company,  Globe,  in  Boston,  incorporated, 

"         Marine  Insurance  Company,  in  New  Bedford,  incorporated, 

"         Relief  Society  of  St.  Mary's,  in  Charlestown,  incorporated, 


INDEX. 


XXlll 


N. 


Names  of  sundry  persons,  authorizing  change  of,  .  .        Page  46,  151, 

Nantucket,  Probate  Court  of,  time  for  holding, 

"  Second  Congregational  meeting-house  in,  concerning, 

Nashua  and  Lowell  Rail-road  Company,  capital  increased, 

"         Rail-road,  Worcester  and,  incorporated. 
National  Foundry  and  Ship  Yard,  resolves  in  favor  of  establishment  of, 
Natural  History  Society,  in  Lynn,  incorporated, 
Naturalization  Laws,  concerning  the,  .... 

Neal,  David  A.,  and  Leverett  Saltonstall,  to  sell  certain  real  estate  in  Salem, 
Nelson,  Mary,  trustee,  to  sell  real  estate,  .... 

"         Mills,  in  Winchendon,  incorporated,     .... 
Neponset  Reservoir  Company,  in  Foxborough,  incorporated, 
Neptune  Mutual  Insurance  Company,  in  Boston,  incorporated,  -. 
New  Bedford,  city  of,  established,        ..... 
"  "  part  of  Dartmouth  annexed  to,  ... 

"  "  Marine  Railway  and  Wharf  Company  to  plant  and  propagate 

oysters, 
"  "  Orphan's  Home,  incorporated,    .... 

New  England  Historic  Genealogical  Society,  incorporated, 
"  "         Fire  and  Marine  Insurance  Company,  incorporated, 

"  "         Mutual  Life  Insurance  Company,  in  Boston,  to  insure  on  lives  oth 

erwise  than  on  the  mutual  principle, 

"  "  "      Marine  Insurance  Company,  to  divide  interest  on  invested 

funds,  ..... 

Newell,  William  W.,  guardian,  to  file  an  affidavit  in  probate  office  of  Suffolk 

county, 
"  "  "  "  to  sell  real  estate. 

New  Orleans,  agent  to  be  employed  in,  for  certain  purposes,     . 
New  Salem,  to  be  paid  proportion  of  income  of  School  Fund, 
Newton,  Willard,  and  others  in  Soulhborough,  estates  of,  set  off  to  Marlborough 
Nichols,  Richard,  allowance  for  arrest  of  a  counterfeiter, 

"  "         prison  agent,  pension,  .... 

NissiTissET  Manufacturing  Company,  incorporated, 
Norfolk,  Bank  of,  further  time  to  close  its  concerns, 

"  and  Bristol  Turnpike  Corporation,  may  surrender  charter, 

"  county  of,  reimbursed  for  support  of  State  Lunatic  Paupers,    . 

"  Lead  Company,  incorporated,  .... 

Northampton,  town  of,  reimbursed  for  support  of  a  State  Lunatic  Pauper, 
"  Rail-road  Company,  Greenfield  and,  incorporated, 

"  and  Springfield  Rail-road  Company,  to  unite  with  Hartford  and 

Springfield,  or  with  Western,  time  for  filing  location  and  for 
completing  road  extended,  and  to  increase  capital  stock, 
"  and  Springfield  Rail-road  Company,  to  change  their  location, 

NoRTHBRiDGE,  part  of  Sutton  annexed  to,  ....  . 

Northern  District,  Attorney  for,  salary  established, 


166 
490 
343 
412 


XXIV 


INDEX. 


North  River,  in  county  of  Plymouth,  concerning  survey  of,      .  .  Page  312 

Norwich  and  Worcester  Rail-road  Company,  Governor  to  employ  counsel  in  a  case 

pending  in  the  superior  court  of 
Connecticut  against,       .  .  325 

"  "  *'  "  "         tosubscribefor  stock  in  the  Worces- 

ter and  Nashua  Rail-road  Co.,    .  576 

Notes  payable  on  demand,  amending  act  concerning,     ....  423 


o. 


Observance  of  the  Lord's  Day,  further  provision  for  the, 
Ocean  Bank,  in  Newburyport,  capital  stock  reduced, 

"       Steam  Mills,  incorporated,  .... 

"  "      Packet  Company,  concerning,        .... 

Occupation  of  Fort  Kent,  on  Fish  River,  in  Maine,  concerning, 
Officers,  City,  concerning  election  of,  .... 

"  salaries  of  certain,  reduced,  .... 

Ohebei  Shalom,  incorporated,  .  .  .  .  . 

Old  Colony,  Insurance  Company,  in  Plymouth,  additional  powers  conferred, 
"  "        Iron  Company,  in  Taunton  and  Raynham,  incorporated,     . 

"  "         Rail-road  Corporation,  incorporated,  .  .  . 

"  "  "  "  to  build  a  bridge  over  Jones's  River, 

"  "  "  "  to  build  a  branch  from  Abington  to  Bridge 

water,   . 

"  "  "  "  to  extend  their  road  across  channel  between 

South  Boston  and  Boston  proper. 
Old  South  Church,  in  Boston,  incorporated,    . 
Orange,  town  of,  reimbursed  for  money  paid  for  bounty  on  wheat, 
Orcutt,  Charles  B.,  pension  allowed  to,  .  .  . 

Organization  of  the  House  of  Representatives,  concerning, 
Oriental  Insurance  Company,  in  Salem,  continued  for  twenty  years. 
Orphan's  Asylum,  St.  Vincent's,  incorporated, 

"  Home,  New  Bedford,  incorporated, 

Overseers  of  the  Poor,  to  return  additional  information, 

"  "  "     of  Franklin,  allowed  for  support  of  a  State  pauper, 

Otsters,  New  Bedford  Marine  Railway  and  Wharf  Company,  to  plant  and  prop 
agate,       ...... 

"        Isaac  Vincent  to  plant  in  Acushnet  River, 
"        Thomas  Washburn  to  plant, 


263 
167 
503 
563 
296 
546 
6 
505 
152 
155 
249 
464 

571 

467 
562 

78 
594 
244 
152 

21 

5 

246 

612 

248 
473 
502 


P. 


Pages,  Doorkeepers,  and  Messengers  of  the  Legislature,  pay  of,  .  76,  306,  593 

Paine,  Timothy,  Attorney  for  Suffolk  authorized  to  give  up  his  note  on  certain 

conditions,  ........  329 

Palmer's  River,  in  Rehoboth,  fishery  regulated  in,        .  .  .  .  183 

Parish,  First,  in  Plympton,  authorized  to  sell  parsonage  land,     .  ,  .  178 

Parker,  Charles  Henry,  allowance  for  legal  services,     ....  608 


INDEX. 


XXV 


Parker  Mills,  in  Wareham,  incorporated,        .....  Page  401 

"        Peter,  and  Wm.  Shimmin,  trustees,  to  sell  real  estate,  .             .             .  592 
Parkman,  Susan,  guardian,  to  sell  real  estate,    .....     589,  596 

"               "            "         to  give  bond  to  judge  of  probate  of  Middlesex,         .  651 

Parks,  Leonard,  compensation  for  military  services,        ....  80 

Partnerships,  limited,  concerning,       ......  427 

Passengers,  Alien,  concerning,             ......  427 

Pauper  Accounts,  to  pay  certain,  (see  Rolls,  pp.  89,  335,  654,)  .  63,  296,  588 

Paupers,  State,  concerning  manner  of  making  claim  for  support  of,         .              .  333 

"      Lunatic,  support  of,       ......     607,645 

Peace,  Universal,  concerning  promotion  of,  on  petition  of  John  P.  Andrews,        .  302 

Pelham,  to  be  paid  proportion  of  income  of  School  Fund,            .              .             .  302 

Pension,  to  Arad  Dennison,       .......  621 

"         to  Increase  N.  Emerton,  of  Lynn,        .....  614 

"         to  Daniel  Herring,       .              .             .                           .             .              ,  68,  73 

"         to  William  Johnson,  a  Chappequiddic  Indian,                .             .             .  593 

"         to  William  Kidder,      .......  66 

"         to  Richard  Nichols,  prison  agent,         .....  621 

"         to  Charles  B.  Orcutt,                 ......  594 

"         to  Punkapoag  Indian,               ......  586 

"         to  Martin  Wheelock,                 ......  66 

"         to  Isaac  Williams,       .......  586 

Perkins,  Horatio  N.,  administrator,  to  convey  real  estate,           .             .             .  316 

"         Mill,  capital  stock  increased,    ......  401 

Personal  Liberty,  act  to  protect,           ......  33 

"           Property,  concerning  mortgages  of,  in  addition,            .              .             .  247 

Persons  deceased  insolvent,  concerning  settlement  of  estate  of,                .              .  216 

Peterborough  and  Shirley  Rail-road  Company,  incorporated,    .             .             .  506 

Phalanx,  Brook  Farm,  incorporated,       ......  489 

Philbrook,  Juliana,  Land  Agent  to  convey  land  to,        .              .             .             .  604 

Phcenix  Bank,  in  Charlestown,  charter  repealed,             ....  443 

"            "        "           "              concerning,        .....  595 

Pickled  Fish,  regulations  concerning  manufacture  of  barrels  for  packing,           .  171 

Pilots,  relating  to  bonds  of,      .             .              .              .              .              .             .  277 

"       and  Pilotage,  concerning,           ......  512 

Pittsfield  and  North  Adams  Rail-road,  charter  revived,            .              .             .  480 

Pitts,  Lemuel,  compensation  for  accident  on  Warren  Bridge,     ...  67 

Plainfield,  treasurer  of,  to  pay  for  certain  militia  services  and  be  reimbursed,    .  295 

Plymouth,  concerning  alewives  in  Agawam  and  Half-way  Pond  river,  in  town  of,  184 

Plympton,  Henry,  trustee,  to  sell  certain  real  estate  in  Boston,    .              .              .  304 
Police  Court,  of  Boston,  to  send  idle  and  dissolute  children  to  House  of  Refor- 
mation,        ....... 

"  "        of  New  Bedford,  Judge's  salary,  duties  as  clerk.  Sic-, 

Policies  of  Mutual  Insurance  Conjpanies,  concerning. 
Poll  Tax,  on  whom  to  be  assessed,        ...... 

PoMEROT,  Josiah,  Jr.,  and  Wm.  Miller,  compensation  for  arresting  a  fugitive. 
Poor  Debtors,  concerning,      ....... 

"      Overseers  of,  required  to  return  additional  information, 
Portraits  in  the  Senate  Chamber,  to  be  repaired,  .... 


XXVI 


INDEX. 


Powow  River,  concerning  bridge  over,  .... 

Prentice,  Wni.  H.,  to  extend  wharf  in  Boston, 

Prescott  Manufacturing  Company,  in  Lowell,  incorporated, 

President  and  Vice  President,  time  for  making  returns  of  votes  for  electors  of, 
prescribed,  ....... 

Preston,  Jonathan,  and  others,  title  to  real  estate  in  Boston,  confirmed. 

Price,  Ezekiel,  concerning  trustee  under  will  of,  ... 

Principal  as  well  as  income  of  property  of  minors  may  be  applied  to  their  use, 

Principals,  Factors  and  Agents,  concerning,     .... 

Printing  Company,  Bristol,  in  Taunton,  incorporated,     . 

Prison  Agent,  pension  to,  .....  . 

"        State,  repairs  authorized  to  be  made,      .... 

Private  Ways  and  Town-ways,  act  repealed. 

Prisoners,  removal  of,  from  Lenox  to  Springfield, 

Probate  Bonds,  sureties  in,  how  discharged,      .... 
"         Court,  for  Hampden  County,  when  and  where  held,     . 
"  "        "    Hampshire  County,  when  and  where  held,     . 

"  "        "    Nantucket  County,  terms  of,  .  . 

«'  "       in  Medway,  time  for  holding  altered,     . 

"  "      in  Middleborough  and  Rochester,  time  for  holding  altered, 

"  "      Judges  of,  to  appoint  trustees  in  certain  cases,   . 

«  «  "        "   salaries,         ..... 

«  *'  "      for  Barnstable  County,  salary  established, 

«  "  "        "   Nantucket  County,  salary  established, 

"  "       Judge  of,  for  Essex,  to  appoint  a  trustee  for  Rhoda  Doyle, 

«  "  "  "       Suffolk,  to  appoint  a  trustee  for  Sarah,  wife  of  Benj 

Seaver, 
«  "  "  "  "        to  grant  letters  of  administration  to  Charles 

Tyler, 
"  Register  of,  for  Dukes  County,  salary  established, 

"  "  "      Nantucket  County,  salary  established, 

«  "       of  Courts,  expenses  of,  repealing  act  concerning, 

"  Registers  of,  salaries,  ..... 

Property  of  minors,  principal  as  well  as  income  of,  applied  to  their  use, 
"  personal,  concerning  mortgages  of,  in  addition, 

Prosecution  for  the  sale  of  spirituous  and  fermented  liquors,  concerning, 

Prosecutors  in  certain  cases,  forgers,  &c.,  concerning, 

"  "       "  "       rewards  to,  provisions  in  former  acts  repealed, 

Providence  Rail-road  Corporation,  to  subscribe  for  stock  of  Stoughton  Branch 

Rail-road  Company,       ...••. 

"  and  Worcester  Rail-road  Company,  incorporated,  and  to  unite  with 

another  company,  ...... 

Proxies,  held  by  officers  and  stockholders  of  Rail-road  Corporations,  concerning, 

Public  Lands  in  Maine,  Land  Agent  to  sell,      ..... 
«  "       half  the  proceeds  of  sales  of,  to  be  appropriated  to  School  Fund, 

Publishers  of  the  Laws,  Wm.  Hayden  and  Thomas  M.  Brewer  appointed, 

Punishment  of  Convicts,  concerning,  ..... 

PuNKAPOAG  Indian  to  receive  a  pension,  ..... 


21 
436 
158 

277 

307 

601 

197 

515 

412 

621 

323 

33 

63 

27 

15 

20 

4 

224 

425 

481 

6 

505 

472 

650 

70 

331 
482 
472 
7 
6 
197 
247 
208 
480 
579 

421 

197 
32 

607 
153 
295 
464 
586 


INDEX. 


xxvu 


Qualification  of  Masters  in  Chancery,  relating  to,       .  .  .        Page  154, 203 

Quarter  Master  General's  Department,  appropriation  to  defray  expenses  of,  75,  318,  615 
QuiNCY  Savings  Bank,  incorporated,      ......  480 


R. 


Rail-road  Bank,  in  Lowell,  capital  stock  reduced,                        .             .              .  161 

"           Bonds  and  Mortgages,  where  to  be  recorded,              ...  7 

"           Commissioners,  appointing  a  board  of,            ...              .  582 

*'           Corporations ;  Berkshire,  to  construct  a  branch,                        .             .  471 

"                  "             Boston  and  Maine  Extension,  incorporated,                       .  279 
"                  "                 "        "        "             "           and  Boston  and  Maine  to 

unite,  .  481 
"  "  "  "  "  "  to  build  a  sea  wall,  .  555 
*'  "  "  "  "  and  Maine,  New  Hampshire  and  Mas- 
sachusetts, made  into  one  corpo- 
ration, ....  54 
"  "  "  "  Providence,  to  own  and  maintain  a  ferry-boat,  53 
"                  "                 "        "             "           to   subscribe    for    stock  in   the 

Stoughton  Branch  R.  R.  Co.,  421 
**                  "             Brattleborough  and  Fitchburg,  to  unite  with  Vermont  and 

Massachusetts,         .                          ...  227 

"                  "             Charlestown  Branch,  to  straighten  their  road,      •              .  284 

**                  "                     "                "         to  construct  a  branch,         .             .  566 

"                  "             Eastern,  to  construct  a  branch,                .              .             .  576 

"                 "                 "        to  receive  interest  money  from  Commonwealth,  227 

"                  "                 "         to  uncover  a  tunnel  in  Salem,                 .              .  227 

'*                  "             Fall  River  Branch,  incorporated,             .              .             .  204 

"                  "             Fitchburg,  concerning,                ....  547 

"                  "             Georgetown  Branch,  incorporated,          .             .             .  193 

"                  "                     "            and  Danvers,  incorporated,               .              .  242 

*'                  "             Greenfield  and  Northampton,  incorporated,         .             .  398 

"                  "             Groton  Branch,  incorporated,     ....  237 

'*                  "                 "       and  East  Wilton,  incorporated,                 .              .  556 

"                  "             Hampshire  and  Franklin,  incorporated,                .              .  406 

"                  "             Hartford  and  Springfield,  to  change  name,          .             .  414 

"                  "                  "           "          "             time  for  completion  extended,  162 
"                  "                  "           "          "             to  unite  with  Hartford  and  N. 

Haven  Company,  .  ,  162 
"  "  Lexington  and  West  Cambridge,  incorporated,  .  510 
'•  "  Medford  Branch,  incorporated,  ....  455 
"  "  Middleborough,  incorporated,  ....  564 
•  "  Nashua  and  Lowell,  capital  increased,  .  .  .  429 
"  "  Northampton  and  Springfield,  time  for  completion  ex- 
tended, and  capital  increased,            .                          .  160 


XXVIll 


INDEX. 


Rail-road  Corporations  ;  Northampton  and  Springfield,  to  change  location,        Page  490 
"  "  "  "  "  to  unite  with  Hartford 

and  Springfield,  or 
with  Western,        .  166 

"  "  Norwich  and  Worcester,  relating  to  a  suit  in  equity 

pending  in  the  superior 
court  of  Connecticut,      .  325 

"  "  «»  «•  u  ^Q  subscribe  for  stock  in  the 

Worcester    and    Nashua 
Rail-road  Company,        .  576 

"  "  Old  Colony,  incorporated,       ....  249 

"  "  "         "       to  build  a  branch,  ...  571 

"  "  "         "       to  build  a  bridge  over  Jones's  River,        .  464 

"  '*  "         "to  extend  road   across   channel  between 

South  Boston  and  Boston  proper,  .  467 

"  "  Peterborough  and  Shirley,  incorporated,  .  .  506 

"  "  Pitlsfield  and  North  Adams,  charter  revived,  .  480 

"  "  Providence  and  Worcester,  incorporated,  and  to  unite 

with  another,         .....  197 

"  "  Randolph  and  Bridgewater,  incorporated,        .  .  559 

*'  "  Salisbury  Branch,  incorporated,  .  .  .  212 

"  "  "         and  East  Kingston,  incorporated,     .  .  217 

"  "  Stony  Brook,  established,        ....  580 

"  "  Stoughton  Branch,  incorporated,  .  .  .  236 

"  "  "  "        title  changed,        ...  415 

*'  "  Taunton  Branch,  to  extend  road  and  increase  capital 

stock,       ....  181 

"  "  "  "        to  extend  time  for  completion,  .  413 

"  "  Vermont  and  Massachusetts,  incorporated,  and  to  unite 

with  another,  .  227 

"  "  "  "  "  concerning,         .  .  436 

"  "  Western,  appropriation  of  money  to  be  applied  to  Sink- 

ing Fund  of,       .  .  .  .  153 

"  "  "         Capital  stock  increased,  and  concerning  same,  534,563 

411 

625 

81 

410 

425 

166 

516 

460 

264 

154 

438 

60 

418 

12 


"         State  Directors  of,  appointment  and  removal, 

"  "  "  "  compensation, 

"  "  "  "to  enforce  economy, 

"  "  "         "  election  and  term  of  service, 

"  Stock,  Sinking  Fund,  concerning,    . 

"  Treasurer  authorized  to  sell  residue  of  scrip, 

"  to  use  Boston  and  Worcester  rail-road, 

Winchendon,  incorporated,     .... 

Woburn  Branch,  incorporated, 

Worcester  Branch,  time  for  completion  extended, 
"  and  Nashua,  incorporated, 

Clerks  of,  to  make  returns,     .... 

Stocks  in  insurance  companies,  may  invest  in. 

Stock  sold  at  auction,  how  taxed, 
"      when  pledged  to  the  corporation,  shall  entitle  to 
no  vote,       ..... 


32 


INDEX. 


XXIX 


Rail-roads,  concerning  map  delineating, 

"  concerning  use  of,  .... 

Rand,  Edward  S.,  guardian,  to  sell  real  estate,    . 

Randolph  and  Bridgewater  Rail-road  Corporation,  incorporated, 

Ranney,  Harriet  N.,  respecting  her  admisssion  to  the  Asylum  at  Hartford, 

Raymond,  Edward  A.,  to  extend  wharf  in  Boston, 

Read,  William  C,  pension  to,    . 

Real  Estate,  to  prevent  frauds  in  conveyance  of, 

Records  of  the  Commonwealth,  concerning  certain, 

Register  of  Probate  for  Dukes  County,  salary  established, 
"  "        "        "    Nantucket  County,  salary  established 

Registers  of  Deeds,  concerning, 

"  School,  Secretary  to  transmit  sufficient  for  five  years 

Registry  of  Deeds,  in  relation  to, 

'•         and  Returns  of  Births,  Marriages,  and  Deaths, 

Rehoboth,  Fishery  in  Palmer's  River,  in  town  of,  regulated, 

Religioos  Societies,  concerning  assessments  on  pews, 

"  Society,  Barnstable  North  Congregational,  to  use  fund  for  certain 

purposes,  ...... 

"  "        Chelmsford  Centre  Meeting  House,  proprietors  incorporated, 

"  "        East  Parish  Congregational  in  Haverhill,  to  sell  parsonage 

lands,    ...•..• 
"  "        Elliot,  incorporated,  .... 

"  "  "      Meeting  House  in  Natick,  proprietors  incorporated, 

"  "        Episcopal  City  Mission,  in  Boston,  incorporated, 

"  "        First  Christian  Baptist,  in  Westport,  incorporated,    . 

"  "  "     Congregational,  Church  and  Society,  in  Troy,   name 

changed, 
««  «'  "  "  of  Doug-las,  to  sell  lands,  &c. 

«  "  "  "  of  Dudley,  records  of,  made  valid, 

"  "  "  "  in  Fairhaven,  incorporated,    . 

«'  "  "•     Parish  or  Congregational  Society,  in  Barre,  to  tax  pews, 

"  "  "        "       in  Maiden,  to  sell  parsonage  property, 

«  "  "        "       in  Methuen,  to  tax  pews, 

«  "  "     in  Plympton,  authorized  to  sell  parsonage  land, 

"  "  "     Reformed  Methodist,  in  Brewster,  title  changed, 

««  "  "    Universalist  Meeting  House,  in  Worcester,  proprietors 

incorporated, 
'«  "  "    Wesleyan  Methodist  Meeting  House,  in  Lowell,  pro 

prietors  incorporated, 
«  "  "  "  "  Meeting  House  in  Lowell,  con 

corning, 
"  "       Harrison  Avenue  Congregational,  in  Boston,  incorporated 

"  "        Harvard  Congregational,  in  Brookline,  concerning, 

«  "  "        Street  Baptist,  in  Boston,  incorporated, 

"  "       Leyden  Chapel,  in  Boston,  incorporated, 

«  "        Massachusetts  Missionary,  name  changed  to  Massachusetts 

Home  Missionary,        ..... 

E 


156 


XXX 


INDEX. 


Religious  Society,  Ohebei  Shalom,  incorporated,  .... 

"  "        Old  South  Church,  in  Boston,  incorporated, 

"  "        Proprietors  of  Hollis  Street  Church,  in  Boston,  act  in  addition, 

"  "        Second  Church  and  Society,  in  Boston,  title  changed, 

"  "  "       Congregational,  in  Medford,  proviso  in  former  act  re- 

pealed, 
"  "  "  "  in  Nantucket,  concerning, 

"  "  "       Universalist  Meeting  House,  in  Cambridge,  incorpo- 

rated,        .... 
"  "  "  "  in  Gloucester,  title  changed,     . 

"  "        St.  Luke's  Church,  in  Chelsea,  incorporated,  and  name  changed 

"  "        Taunton  Green  Baptist  Church,  incorporated, 

"  "        Third  Congregational,  in  Danvers,  incorporated, 

"  "  "      Universalist,  of  Lowell,  incorporated, 

"  "        Trinity  Church,  in  Bridgewater,  additional  powers  granted  to, 

"  "        Trustees   of  First  Methodist  Episcopal   Church,   in   Cam- 

bridgeport,  incorporated, 
"  "  "         of  Metliodist  Episcopal  Church,  in  Dedham,  incor- 

porated, ..... 

"  "  "         of  Second  Methodist  Episcopal  Church,  in  Chelsea, 

incorporated,  .... 

Relief  Society  of  St.  Mary's,  Mutual,  in  Charlestown,  incorporated,    . 

"        Steamboat  Company,  incorporated,         ..... 
Repairs  upon  the  State  House,  concerning,       ....  314 

"  "      "    State  Prison,  authorized  to  be  made, 

Reports,  Annual,  of  State  Lunatic  Hospital  and  Board  of  Education,  concerning, 
"  Scientific,  disposition  of,  authorized,   ..... 

"         of  Supreme  Court,  to  be  forwarded  to  States  that  send  in  exchange,     . 
"  "         "         Court  of  the  United  States,  concerning  disposition  of, 

Representatives,  to  General  Court,  relating  to  elections  of, 

"  concerning  organization  of  House  of. 

Reservoir  Company,  Ashburnham,  incorporated, 

"  "  Neponset,  in  Foxborough,  incorporated,    . 

Returns  from  corporations,  for  purpose  of  taxation,  concerning. 
Revere  Copper  Company,  to  increase  capital  stock. 
Revolutionary  Documents,  Continental  Rolls  to  be  rebound,    . 
"  Rolls,  concerning  index  of,       . 

"  Services,  concerning  evidence  of. 

Rewards  for  prosecution  and  conviction  of  forgers,  &c. 
"         to  prosecutors  in  certain  cases,  act  repealed. 


INDEX. 


XXXI 


RoBB,  Mary,  deceased,  administrator  to  sell  real  estate  of,  .  .  .  Page  602 

Roberts,  John  L.,  administrator  of  R.  S.  Roberts,  confirming  title  to  real  estate,  316 

Rochester  and  Middleborough,  time  changed  for  holding  probate  courts  in,       .  425 

Rodman,  Samuel,  to  construct  a  wharf  in  Fall  River,     ....  435 

110, 114,  343,  664 


Rolls  op  Accounts,  Coroners, 

Military, 


Miscellaneous, 
Pauper, 
Printers, 

Publishing  Laws  and  Printing,     .     101, 
Sheriffs, 

State  Lunatic  Pauper, 
Roman  Catholic  Mutual  Relief  Society,  Boston,  incorporated. 


104,  348,  352,  667 
103,  111,  113, 114,  343,  346,  347,  356,  660,  665,  671 


.    89,113,335,654 
101, 108,  345,  353 
108,  342,  345,  353,  660,  661 
103,  110,  343 
113,  341,  343,  664 
28 


Root,  Harvey  and  Spencer  Flower,  to  sell  certain  real  estate  in  West  Springfield, 
Rowley,  shell  fishery  in,  for  protection  of,  . 

"  to  be  reimbursed  for  militia  bounty  paid, 

RoxBURY,  part  of,  annexed  to  Brookline,  .... 

"  Color  and  Chemical  Manufacturing  Company,  capital  increased, 

RosT,  Thomas  A.,  to  extend  wharf  in  Boston,    .  .  .  • 


s. 

Salary  of  the  Assistant  watchmen  of  the  State  House, 

"  "        Attorney  of  the  Commonwealth  for  Suffolk, 

"  "        Clerk  in  Adjutant  General's  office, 

"  "        Clerks  in  Secretary's  ofl[ice, 

«  "  «       "  Treasurer's  office, 

"         "       District  Attorneys  of  the  Commonwealth, 

"  "        Governor,  .... 

"         "       Judges  of  Court  of  Common  Pleas, 

«         "  "        «  Probate, 

«         "  "       "  Supreme  Judicial  Court, 

"  "        Land  Agent,       .... 

"  "        Lieutenant  Governor, 

"         "        Messenger  to  the  Governor  and  Council, 

"  "        Reporter  of  Decisions, 

"         "       Registers  of  Probate, 

"         "        Secretary  of  the  Commonwealth, 

"         "        Sergeant  at  Arms, 

"         "       Sheriffs,  .... 

"  "        Treasurer  of  the  Commonwealth, 

»  "        Watchman  of  the  State  House, 

Sale  of  Spirituous  and  Fermented  Liquors,  concerning  prosecution  for, 

"     and  conveyance  of  Trust  Estates,  concerning. 
Sales  of  Teas  at  auction,  tax  on,  reduced, 
Salem  Children's  Friend  Society,  title  changed, 

"      Fire  Department,  concerning, 

"      Insurance  Company,  incorporated, 

"      Savings  Institution,  name  changed, 


301 
225 
299 
169 
465 
170 


6,525 
6,423 
333 
6,460 
6,443 
6,  401,  412 

a 

6 

6,  505,  472 
6,159 
6 
6 
6,463 
6 

6,  472,  482 
6 
6,281 
39 
6 
6 
208 
422 
200 
419 
419 
159 
4 


XXXll 


INDEX. 


Salisbdrt,  part  of,  annexed  to  Amesbury,         .....  Page  226 

"  Branch  Rail-road  Company,  incorporated,  .  ..  .  212 

"  and  East  Kingston  Rail-road  Company,  incorporated,  .  .  217 

Saltonstall,  Leverett  and  David  A.  Neal,  to  sell  certain  real  estate  in  Salem,  300 

Sargent's  Wharf,  in  Boston,  proprietors  of,  to  purchase  additional  real  estate,  154 

Savings  Bank,  Cabot,  in  Cabotville,  established,  ....  430 

"  "       Cohasset,  in  Cohasset,  established,  ....  437 

"  "      in  Haverhill,  title  changed,         .....  413 

"  "      in  Lancaster,  established,  .....  465 

"  "       in  Q,uincy,  incorporated,  .....  480 

"  "      in  Salem,  title  changed,  .....  4 

Savoy,  to  be  paid  proportion  of  income  of  School  Fund,  .  .  .  296 

Sawtell,  Josiah,  administrator,  to  file  affidavit  of  notice  of  sale  of  real  estate,    .  69 

Sawyer,  Charles  B.  and  Allen,  to  build  dam  over  Bayley's  Creek,  .  .  517 

Saxton,  George  W.  and  Huldah,  trustee  to  sell  land  of,  ...  613 

School  Committees  authorized  to  dismiss  teachers,         .  .  .  166 

"       District  Libraries,  concerning,  ....  64, 311, 645 

"       District  Property  when  exempt  from  taxation,  ...  52 

"       Documents,  Secretary  to  forward  to  sheriffs  for  distribution, 
"       Fund,  appropriation  of  half  of  the  proceeds  of  the  public  lands  to, 
"       Funds,  ministerial  and,  in  Maine,  relating  to,      . 
"       Registers  sufficient  for  five  years,  Secretary  to  transmit, 
"       Worcester  County  Manual  Labor  High,  grant  of  land  to. 
Schools,  Public,  concerning,  ..... 

"  State  Normal,  concerning,      ..... 

Scientific  Reports,  authorizing  disposition  of,  .  .  . 

Seamen's  Aid  Society,  incorporated,      ..... 

"  Widow  and  Orphan  Association,  incorporated, 

Sears,  Willard,  confirming  his  title  to  real  estate  purchased  of  Marlborough 
Chapel  Association,  ...... 

Seaver,  Benjamin,  Judge  of  Probate  for  Suffolk  to  appoint  a  trustee  for  wife  of. 
Second  Church  and  Society,  in  Boston,  title  changed, 

"        Congregational  Meeting  House,  in  Nantucket,  concerning, 

"  Society,  in  Medford,  proviso  in  former  act  repealed, 

"        Universalist  Society,  in  Gloucester,  title  changed, 
Secretary  of  Commonwealth  to  publish  annually  abstracts  of  reports  of  Agri 

cultural  Societies, 
"  "  appropriation  for  arranging  papers,  &c.  in  his 

office,         .... 

"  "  to  cause  volumes  of  Continental  Rolls  to  be  re 

bound,        .... 

"  "  to  distribute  Reports  of  Board  of  Education, 

"  "  "         "  "       of  Decisions   of   Supreme 

Judicial  Court, 
"  "  "         "         copies  of  the  Laws,  &c., 

"  "  to  forward  School  Documents  to  the  sheriffs  for 

distribution, 
"  *  to  distribute  School  Registers  sufficient  for  five 

years, 


300,611 


INDEX. 


XXXUl 


Secretary  of  Commonwealth  to  distribute  Scientific  Reports  in  his  office,       .  Page  318 
"  "  "  to  transmit  blank  forms  for  Returns  of  Elections 

of  Representatives,  .  .  .  244 

to  exchange  copies  of  State  Map  and  Laws,  &c.,  604 

to  publish  and  distribute  State  Map,     .  .  312 

duty  as  to  organization  of  House  of  Represent- 
atives,       .....  244 

concerning  registration  tables  and  reports  to  Le- 
gislature, ....  263 

to  repair  the  Council  Chamber,  .  .  647 

to  furnish  blank  books  and  forms  for  Returns  of 

births,  deaths  and  marriages,  .  .  263 

duty  as  to  Returns  of  clerks  of  courts,  .  .  19 

"       "     abstract  of  Returns  of  prosecuting  offi- 
cers,        .  .  .  .61,  196 

"       "     Returns  of  sheriffs,  ...  39 

concerning  blank  forms  for  Returns  to  be  sent 

to  Overseers  of  the  Poor,  246 

"  "       forms  for  Returns   of  State 

Paupers,  .  .  333 

to  receive  and  index  Revolutionary  papers,  75, 331, 586,  615 
his  salary,        .....  6 

to  prepare  an  abstract  of  Statistics  of  Industry,  491 

"       "      tables  of  Trigonometrical  Survey,      .  646 

to  transmit  State  Documents,  .  .  623 

Secretary's  Office,  salary  of  first  and  second  clerks  in,  established,    .  .         6,460 

Senate  Chamber,  authorizing  payment  for  altering  table  in,        .  .  .  333 

"  "  "  repair  of  portraits  in,         .  .  .  .  325 

"        Clerk  of,  pay  of,  .  .  .  .  .  .  66, 330, 648 

"        Council  and  House,  pay  of  members  of,  .  .  .  82,306,594 

"        and  House  of  Representatives,  concerning  journals  and  files  of,  .  256 

Sergeant  at  Arms,  to  purchase  fuel,    .....  79,  307,  592 

"  "        "      to  re-arrange  seats  in  Representatives'  Chamber,     .  .  624 

"  "        "      to  repair  State  House,        ....  86, 588,  647 

"  "        "      salary  of,  .  .  .  .  .  -6, 281 

Settlement  of  estates  of  persons  deceased  insolvent,  concerning,  .  .  216 

Sheafe,  Henry,  late  military  store  keeper,  relating  to,    .  .  ..  .  301 

Shell  Fishery,  in  Rowley,  for  protection  of,     .  .  .  .  .  225 

Sheriffs'  compensation  for  distributing  school  documents,  and  to  distribute  same,  437 

"  "  "  "  proclamations  and  precepts,  and  to  dis- 

tribute same,  .  .  .  483 

"  "  and  fees  regulated,  and  returns  directed,  .  .  39 

Shurtleff,  James,  a  lunatic,  concerning,  .....  650 

"  William,  2d,  allowance  to,  in  addition  to  his  pay  as  a  member,  .  329 

Shdtesbury,  to  be  paid  proportion  of  income  from  School  Fund,  .  .  329 

Silk,  to  encourage  culture  of,  ......  520 

Smith,  Samuel,  Treasurer  to  surrender  obligations  for  lands  in  Maine  to,  .  606 

Society,  Agricultural,  of  the  county  of  Hampden,  incorporated,  .  179 


XX  XIV 


INDEX. 


"         American  Oriental,  incorporated,         .... 

"         Barnstable  Agricultural,  incorporated, 

"         Boston,  for  the  diffusion  of  information  among  emigrants,  incorporated 

"  "        Roman  Catholic  Mutual  Relief,  incorporated, 

"         Lowell  Irish  Benevolent,  incorporated, 

"         Lynn  Natural  History,  incorporated, 

"         Marblehead  Female  Humane,  incorporated, 

"         Massachusetts  Agricultural,  in  favor  of,  .  .  . 

"  "  Horticultural,  to  hold  real  estate, 

"  "  Temperance,  incorporated, 

"         Mutual  Relief,  of  St.  Mary's,  in  Charlestown,  incorporated, 

"         New  England  Historic,  Genealogical,  incorporated, 

"  Salem  Children's  Friend,  title  changed, 

"  Seamen's  Aid,  incorporated,  .... 

"         St.  Mary's  Mutual  Benevolent  Catholic  Total  Abstinence,  incorporated 
Societies,  Agricultural,  concerning  additional  returns  from, 

"  "  to  suffer  penalty  for  not  making  returns, 

Somerset,  fishery  in  Taunton  Great  River,  in  town  of,  further  regulated, 
Soul  of  Soldiery,  allowed  a  stand  of  arms. 
South  Bat  and  Charles  and  Mystic  Rivers,  survey  of, 
"       Boston  Association,  continued  to  1846,  and  to  sell  and  convey  lands, 
"  "       Iron  Company,  to  extend  wharf, 

"  "       Lyceum,  incorporated,      ..... 

"       Carolina  and  Louisiana,  relating  to,  . 

"  "        concerning  the  treatment  of  Samuel  Hoar,  by  the  State  of, 

"       Cove  Insurance  Company,  in  Boston,  incorporated, 

"       Mutual  Fire  Insurance  Company,  in  South  Boston,  incorporated, 

"       Yarmouth  Academy,  incorporated,  .... 

SouTHBOROUGH,  part  of,  set  off  to  Marlborough, 

Southern  District,  Attorney  for,  salary  established. 

Spirituous  and  Fermented  Liquors,  concerning  prosecution  for  sale  of, 

Spot  Pond  Aqueduct  Company,  incorporated,  and  concerning, 

Springfield  and  Hartford  Rail-road  Corporation,  concerning,     . 

St.  Luke's  Church,  in  Chelsea,  proprietors  of,  incorporated,  and  name  changed, 

St.  Mary's  Mutual  Benevolent  Catholic  Total  Abstinence  Society,  incorporated, 

"         "       Mutual  Relief  Society  of,  in  Charlestown,  incorporated 
State  Directors  of  the  Western  Rail-road,  appointment  and  removal, 
"  "  "  "  "  compensation, 

"  "  "  "  "         to  enforce  economy, 

"  "  "  "  "         election  and  term  of  service, 

"       Documents,  transmission  of,         .....  . 

"       House,  concerning  repairs  upon,  ....    86, 314, 

"       Lunatic  Hospital,  to  establish  an  aqueduct,  .... 

"  "  "        concerning,      .....  83, 

"  "  "        concerning  annual  reports  of  officers  of, 

"  "         Paupers,  concerning  support  of,  .... 

"       Map,  publication  and  distribution  of,        .  .  .  .    82, 312, 

*'         "     to  be  corrected  from  time  to  time,  .... 


Page  15 

215 

22 

28 

18 

397 

489 

296 

157 

442 

259 

479 

419 

417 

179 

456 

457 

182 

624 

625 

8 

436 

241 

648 

626 

421 

396 

16 

53 

401 

208 

40,  548 

414 

188 

179 

259 

411 

625 

81 

410 

623 

588,  647 

31 

316,  617 

309 

645 

604,  615 

587 


INDEX. 


XXXV 


State  Mutual  Fire  Insurance  Company,  in  Boston,  incorporated,  .  .     Page  45 

"       Mutual  Life  Assurance  Company,  of  Worcester,  incorporated,       .             .  285 

"       Paupers,  concerning  manner  of  making  claims  for  support  of,         .              .  333 

"       Prison,  addition  may  be  made  to  rations  of  convicts,          ...  19 

"            "       additional  sentence  of  convicts  in,             ...             .  44 

"            "       convicts,  to  be  furnished  with  books  and  lights,     .             .             .  616 

"            "       concerning  removal  of  insane  convicts  from,         .             .             .  220 
"           "       concerning  repairs  and  alterations  in,       .             .             .             .    323, 621 

"       Tax,  apportioned,  .......     265, 443 

"         "     Treasurer  authorized  to  borrow  money  in  anticipation  of,      .  64,  328,  604 

Statistical  Information,  to  obtain,                .....  491 

Statistics  of  Crime,  concerning  annual  reports  to  be  made  by  Attorney  for 

Suffolk  and  District  Attorneys,         ......  196 

Steam  Boat  Company,  Relief,  incorporated,      .             .             .             .             .  158 

"       Engines  and  Furnaces,  regulating  use  of,             ...             .  517 

"      Flour  Mill  Company,  in  East  Boston,  incorporated,            .             .             .  403 

"      Mill  Company,  Massasoit,  incorporated,                ....  400 

"      Power  Company,  in  Concord,  incorporated,           ....  426 

"       Tow  and  Relief  Boat  Company,  incorporated,      ....  59 

Steel  Cannon  Company,  in  Brighton,  incorporated,       ....  428 

Stock,  Rail-road,  sold  at  auction,  how  taxed,                    ....  12 

"             "          when  pledged  to  the  corporation,  shall  entitle  to  no  vote,           .  32 

"              "          Insurance  Companies  may  invest  in,                 ...  418 

Stockbridge  Academy,  title  changed,                .....  22 

Stoneville  Manufacturing  Company,  authorized  to  re-organize,              .             .  32 

Stony  Brook  Rail-road  Corporation,  incorporated,          ....  580 

Stocghton  Branch  Rail-road  Corporation,  incorporated,              .             ,             .  236 

"                "              "                  "            concerning  name,       .             .             .  415 

Streets  and  Ways,  in  Boston,  concerning,                     ....  566 

Study  of  Medicine,  concerning,           ......  571 

Sullivan,  Elizabeth,  wife  of  John  L.,  appointing  trustee  for,       .              .              .  603 

Sunset  Law,  repealed,               .......  58 

Support  of  State  Paupers,  concerning  manner  of  making  claims  for,      .             .  r.Pr) 

Supreme  Court  of  U.  S.,  distribution  of  Reports  of,     .             .             .             .  592 

"            "        "      "       Governor  to  employ  counsel  in  an  action  before,         ,  585 

"        Judicial  Court,  in  further  addition,  concerning,              .              .             .  264 

"              "           "      reported  decisions  of,  concerning  distribution  of,             .  312 
"             "            "      salary  of  Judges  of,     .              .             .                           '6,  159 

Sureties  in  Probate  Bonds,  how  discharged,      .....  27 

Survey  of  Coast  of  Massachusetts,  concerning,              ....  514 

"        of  the  Commonwealth,  Trigonometrical,  concerning,                     .             .  646 

"        of  Lands  in  Maine,  Land  Agent  to  cause,           ....  74 

"        of  South  Bay,  and  Charles  and  Mystic  Rivers,  authorizing,         .              .  625 

Sutton,  part  of,  annexed  to  Northbridge,            •              •             .             .             .  243 

Swan,  Edward,  Treasurer  to  surrender  his  note  to,  on  certain  conditions,              .  83 

SwETT,  Elizabeth  B.,  guardian,  to  convey  real  estate,     ....  69 


XXXVl 


INDEX. 


T. 


Taunton  Branch  Rail-road  Corporation,  to  extend  road  and  increase  capital 

stock,      ....  Page  181 

"              "                "                "             time  for  completion  extended,            .  413 

"          Bridge,  rates  of  toll  further  regulated,             ....  195 

"          Great  River,  fishery  in,  further  regulated  in  town  of  Somerset,              .  182 

"          Green  Baptist  Church,  incorporated,                 ....  561 

"          and  South  Boston  Turnpike  Corporation,  concerning  tolls,  &c.,             .  487 

Tax  Act  of  1844,  amended,     .......  519 

"      granted  for  the  several  counties,    .....  77,  310,  612 

"      Poll,  on  whom  to  be  assessed,        .  .  .  .  .  .53, 246 

"      on  Sales  of  Stock  in  manufacturing  corporations,  regulated,            .  168 

"      "      "      "   Teas  at  auction,  reduced,         .....  200 

"      State,  apportioned  and  to  be  assessed,        .....  265,  443 

"  "      Treasurer  to  borrow  money  in  anticipation  of,  .  .  64,  328,  G04 

Taxation,  Corporations  to  make  returns  for  purposes  of,              .             .              .  60 

Taxes,  providing  for  the  more  equal  assessment  of,         .             .             .              .  247 

Teas,  tax  on  sales  of,  at  auction,  reduced,           .....  200 

Temperance  Society,  Massachusetts,  incorporated,       ....  442 

Terry,  Job,  to  build  wharf  in  Freetown,             .....  190 

Tewksbury,  to  be  paid  proportion  of  income  of  School  Fund,    .             .             .  309 
Texas,  concerning  annexation  of,           ....              •    68,  319,  598,  651 

Thacher,  George  C,  to  extend  wharf,                .....  426 

Thaxter  &  Hall,  to  extend  wharf  in  Boston,                ....  9 

"        Leavitt,  guardian  of  a  Chappequiddic  Indian,  allowance  to,        .             .  593 

Thurlow  vs.  the  Commonwealth,  Governor  to  retain  counsel  in  case  of,               .  585 

Tileston,  Thomas,  to  extend  wharf  in  Boston,                ....  431 

Topsfield,  to  be  paid  proportion  of  income  of  School  Fund,       .             .             .  315 

Town- WAYS  and  private  ways,  act  repealed,        .....  33 

Traders'  Bank,  in  Boston,  capital  stock  reduced,            ....  182 

"             "        "       "        elections  declared  valid,       ....  405 

"        Mutual  Insurance  Company,  in  Boston,  incorporated,    .             .  222 

Treasurer  of  Commonwealth,  to  borrow  money,       .  .  .64,  294,  328,  604 

"            "               "                 to  receive  and  apply  money  under  treaty,         .  58 

"            "                "                  to  record  lail-road  bonds  and  mortgages,          .  7 

"  "  "  to  repay  balance  due  on  money  borrowed  in 

anticipation  of  the  sale  of  scrip,      .             .  329 

"            "                "                  salary  of,        ....              .  6 

"            "                "                  to  sell  residue  of  Western  Rail-road  Scrip,      .  166 

"            "                "                  to  surrender  obligations  for  lands  in  Maine,     . .  606 

Treasurer's  Office,  first  and  second  clerks  in,  salary  established,        .              .  6,  443 

Treaty  of  Washington,  appropriation  of  money  paid  under  provision  of,               .  153 

Tremont  Insurance  Company,  in  Boston,  to  make  certain  divisions  of  profits,      .  212 

"        Iron  Company,  in  Wareham,  incorporated,       ....  431 

"        Mutual  Insurance  Company,  in  Boston,  incorporated,                 .             .  214 
Trigonometrical  Survey  of  the  State,  Secretary  to  publish  and  distribute  ta- 
bles of,       .........  646 


INDEX. 


XXXVll 


TRmiTT  Church,  in  Bridgewater,  additional  powers  granted  to, 

Truro  Fire  and  Marine  Insurance  Company,  charter  repealed, 

"       inhabitants  of,  to  construct  bridges,  ..... 

Trust  Estates,  concerning, 

"      Property  may  be  insured  by  trustee,  liability  in  such  case, 

Trustee  of  Grafton  Indians,  to  sell  certain  real  estate  and  purchase  other  in  lieu 
thereof,       ......... 

Trustees,  costs  of,  concerning,  ...... 

"  of  the  Congregational  Ministerial  Fund,  in  Hadley,  to  distribute  fund, 

"  when  Executors  and  Administrators  may  be  discharged  at  their  own 

request,  ..... 

"  Judges  of  Probate  to  appoint,  in  certain  cases, 

"  of  the  Massachusetts  Agricultural  Society,  in  favor  of. 

Trusts  created  by  deed,  provisions  in  Revised  Statutes  extended  to, 

Turner,  John  B.,  trustee  to  sell  real  estate, 

Turnpike  Roads,  concerning,  .... 

"         Taunton  and  South  Boston,  concerning  tolls,  &c., 

Tyler,  Charles,  Judge  of  Probate  for  Suffolk  to  grant  letters  of  administration  to, 


Pago  473 
200 

209,  425 

422 

46 

323 
512 
319 

59 

481 
296 
10 
606 
533 
487 
331 


u. 


Union  Insurance  Company,  capital  increased,     . 

"       Mutual  Fire  Insurance  Company,  incorporated,     . 
"  "         "  "  "         concerning, 

"      Wharf  Corporation,  in  Truro,  to  extend  their  wharf. 
United  States  Constitution  of,  concerning  an  amendment  of, 

"  "        Insurance  Company,  in  Boston,  continued  for  twenty  years, 

"  "        Mutual  Insurance  Company,  in  Boston,  incorporated. 

Universal  Peace,  concerning  promotion  of,     . 

Universalist  Meeting  House,  in  Cambridge,  Second,  proprietors  incorporated, 
"  "  "       in  Lowell,  proprietors  incorporated, 

"  "  "       in  Worcester,  proprietors  incorporated,    . 

"  Society,  in  Gloucester,  Second,  title  changed, 

Upton  Light  Infantry,  to  receive  military  bounty, 
Use  of  Rail-roads,  relating  to,  ..... 


468 

20 

194 

414 

79,293 

153 

224 

302 

568 

17 

28 

435 

70 

513 


V. 


Vermont  and  Massachusetts  Rail-road  Company,  incorporated, 
"  "  "  "  "         concerning,    . 

Village  Hall  Association,  in  Roxbury,  incorporated,    . 

Villages  and  Districts  empowered  to  establish  fire  departments, 

Vincent,  Isaac,  to  plant  oysters  in  Acushnet  River, 

Virginia,  relating  to  resolutions  and  proceedings  of  General  Assembly  of. 

Votes  for  Electors  of  President  and  Vice  President,  time  for  making  returns  of, 
prescribed,  ........ 


227 
436 
252 
252 

473 
325 

277 


XXX  VIU 


INDEX. 


W. 


time  in 


years, 


to  Sink 


Wadsworth,  Mary,  concerning  trustee  under  the  will  of. 
Wait,  Joseph,  and  others,  to  build  a  wharf  in  Ipswich, 
Wallace,  George  B.,  in  favor  of,  . 

Warren  Bank,  in  Danvers,  capital  stock  reduced, 
"  "       "        «        tax  refunded, 

"        Bridge,  Charles  River  and,  duties  of  agent, 
"  "  "  "        *'     to  invest  funds  for  repairs, 

"  "  "  "        "     warrants  to  be  drawn  from  time  to 

favor  of  agent  of, 
Washburn,  Thomas,  to  plant  oysters,  . 
Washington  Bane,  in  Boston,  to  remove  banking  house, 

"  Fire  and  Marine  Insurance  Company,  continued  for  twenty 

"  Mutual  Insurance  Company,  in  Boston,  incorporated, 

"  to  be  paid  proportion  of  income  from  School  Fund, 

Watatick  Manufacturing  Company,  in  Ashburnham,  incorporated. 
Watchman  and  assistants  of  the  State  House,  pay  of,    . 
Water,  to  supply  Boston  with,  .... 

Watson,  Nathaniel,  compensation  for  arrest  of  fugitives  from  justice. 
Weights  and  Measures,  commissioners  on,        . 
Weld,  James,  trustee,  to  sell  certain  real  estate  in  Boston, 
Wellfleet,  to  be  paid  proportion  of  income  of  School  Fund, 
Western  Rail-road  Corporation,  appropriation  of  money  to  be  applied 

ing  Fund  of, 
"  "  "  capital  stock  increased, 

"  "  "  to  enter  upon  and  use  Boston  and  Worcester 

Rail-road, 

"  "  "  State  Directors  of,  appointment  and  removal, 

"  "  "  "  "  "   election  and  term  of  service 

"  "  "  "  "  "   resolve  for  payment  of,  re- 

pealed, 
"  "  "  Stock  Sinking  Fund,  concerning, 

"  "  "  Treasurer  authorized  to  sell  residue  of  scrip  of, 

Westport,  First  Christian  Baptist  Society  in,  incorporated, 
Wharf,  Borden,  Richard,  to  build  in  Fall  River, 

"        Boston  and  Roxbury  Mill  Corporation  to  extend,  in  Boston, 

"        Braman,  Jarvis,  to  extend,  in  Boston,    .... 

"        Bull's,  in  Boston,  extended,      ..... 

"        Chace,  Leonard  and  Benjamin  G.,  to  extend,  in  Somerset, 

"        Company,  Boston,  to  extend  their  wharf, 

"  "         Mount  Hope  Canal  and,  time  for  completing  extended, 

"  "         New  Bedford  Marine  Railway  and,  to  plant  and  propagate 

oysters, 
"        Durfee,  Joseph  and  Nathan,  to  extend,  in  Fall  River, 
"        Eddy,  William  P.  and  Daniel  D.,  to  extend,  in  Boston, 
♦'        Eldridge,  Waterman,  and  others,  to  build,  in  Boston, 
*        Fall  River  Whaling  Company,  to  extend, 


Page  601 
184 
295 
219 
585 
16 
16 

430 
502 
157 

29 
209 
302 
187 
6,525 
549 
608 

75 
318 
329 

153 
534,  563 

516 
411 
410 

625 
425 
166 
25 
417 
180 
218 
429 
430 
568 
473 

248 
416 
430 
185 
434 


INDEX. 


XXXIX 


Wharf,  French,  Benjamin  V.  and  Moses,  Jr.,  to  extend,  in  Boston, 

"        Greenleaf,  Gardner,  to  extend,  in  Boston, 

"        Hinckley,  Isaiah,  to  build,  in  Barnstable, 

"        Holbrook,  Samuel  F.  and  James  Dillon,  to  extend,  in  Boston, 

"         Hoppin,  John,  to  extend,  in  Boston, 

"        Lincoln,  Joseph,  to  extend,  in  Boston, 

"        Lothrop,  Thomas,  to  extend,  in  Provincetown, 

"        Maine,  in  Boston,  extended,     .... 

"        Mercantile  Corporation,  continued, 

"        Miller,  Benjamin  W.,  to  extend, 

"        Prentice,  William  H.,  to  extend,  in  Boston, 

"        Raymond,  Edward  A.,  to  extend,  in  Boston, 

"        Richardson,  Thomas,  to  extend,  in  Boston, 

"        Rider,  Godfrey,  to  build,  in  Provincetown, 

"         Rodman,  Samuel,  to  build,  in  Fall  River, 

"         Rust,  Thomas  A.,  to  build,  in  Boston, 

"        Sargent's,  in  Boston,  proprietors  to  purchase  additional  real  estate 

"        South  Boston  Iron  Company,  to  extend, 

"        Terry,  Job,  to  build,  in  Freetown, 

"        Thacher,  George  C,  to  extend,  in  Boston, 

"        Thaxter,  A.  W.  and  Jacob  Hall,  to  extend,  in  Boston,  . 

"        Tileston's,  in  Boston,  extended, 

"        Union,  in  Truro,  extended,       .... 

"        Wait,  Joseph,  and  others,  to  build,  in  Ipswich, 

"        Wood,  Amos  and  Timothy  B.,  to  extend,  in  Boston, 

"  "      William,  to  extend,  in  Boston, 

Wheaton  Manufacturing  Company,  in  Norton,  incorporated, 
Wheelock,  Martin,  pension  to,  .... 

Whitaker,  William,  to  pay  expenses  of  last  sickness  and  removal  of  remains  of. 
White  Pond  Fishing  Company,  incorporated,    . 
Whitwell,  Samuel,  trustee,  to  sell  certain  real  estate  in  Boston, 
Widow  of  Charles  Lincoln,  late  Warden  of  State  Prison,  in  favor  of, 

"        and  Orphan  Association,  Seamen's,  incorporated, 
WiLLARD,  Calvin,  of  Millbury,  compensation  for  transmitting  public  documents, 
WiLLET,  John,  compensation  for  printing  laws, 
Williamsburg  and  Hatfield,  establishing  dividing  line  between, 
Williams  College,  assignee  of  trustees  of,  allowed  compensation, 
"         Isaac,  pension  to,       . 
"         Jane,  to  release  the  right  of  her  minor  children  to  real  estate  in  Dor 
Chester,    ...... 

WiLLiAMSTOwx,  to  be  paid  proportion  of  income  of  School  Fund, 
Wills,  made  in  other  States  by  inhabitants  of  Massachusetts,  how  proveable 
Wilson,  David,  trustee  under  will  of,  to  sell  land, 
WiNCHENDON  AcADEMT,  incorporated, 

"  Rail-road  Corporation,  incorporated, 

WiNTHROP  Bank,  tax  remitted. 
Witnesses,  payment  of  certain, 
WoBCRN  Branch  Rail-road,  incorporated. 
Wood,  Amos  and  Timothy  B.,  to  extend  wharf,  in  Boston, 


Page  428 
420 
176 
165 
215 
222 
178 
428 
397 
417 
436 
424 
429 
419 
435 
170 
154 
436 
190 
426 
9 
431 
414 
184 
421 
423 
152 

66 
294 
469 
305 
331 
203 
(12 

79 
466 
586 
586 

616 
322 

56 
615 
400 
460 
79 
303,  621 
264 
421 


xl 


INDEX. 


Wood,  William,  to  extend  wharf,  in  Boston,      .... 
Woollen  Mill,  Fitchburg,  incorporated,  .... 

Worcester  Aqueduct  Company,  incorporated, 

"  Branch  Rail-road  Company,  time  for  completion  extended, 

"  Manual  Labor  High  School,  grant  of  land  to, 

"  Master  of  Chancery,  additional  in  county  of, 

"  and  Nashua  Rail-road  Company,  incorporated, 

"  "        "  "  "  Norwich  and  Worcester  Rail-road 

Company  to  subscribe  for  stock  in, 
Writ  of  Error  allowed  prosecuting  officer,  and  convicts  also,  in  certain  cases, 
Wtman,  Oliver  C,  release  to  him  of  Commonwealth's  right  in  certain  land  in 
East  Boston,  ........ 


Page  4^ 
412 
431 
154 
622 
281 
438 

576 
45 

588 


I 


DEC  13  1937  {}^i>^ 


un*' 


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