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

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f^r^.^. ^/ 



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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PROPRIETORS OF NEWSPAPERS. 



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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 


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20 


00 


20 00 


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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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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, 


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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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356 



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 pers