W'
■'"frnrn^f^
M
I
ACTS
RESOLVES
PASSED BY THE
€mcu\ €o\\tuiLM^^MtWtm,
1846, 1847, 1848;
TOGETHER WITH THE ROLLS AND MESSAGES.
PUBLISHED BY THE SECRETARY OF THE COMMONWEALTH.
J3o0ton:
DUTTON AND WENTWORTH, PRINTERS TO THE COMMONWEALTH.
1848.
ei5= This book constitutes the third volume of the Laws, &c. of
the Commonwealth, published subsequent to the Resolve of 1839,
chap. 83, authorizing the Acts and Resolves to be printed conjointly
instead of separately.
INDEX
ACTS, RESOLVES, MESSAGES, &c. OF THE YEARS 1846, 1847, 1848.
A.
Abington and Weymouth, establishing boundary line between, . . Page 391
Abortion, to suppress publications leading to the procuring of, . . 365
Abstracts of School Returns, to be made up by Secretary of the Board of
Education, .... 419
« " " " allowance to Secretary of the Board of Edu-
cation for making up, . . . 531
Abuses or Corporate Power by cities and towns, to restrain, . . 335
Academy, Adelphian, of North Bridgewater, incorporated, . . . 358
'* Groton, trustees of, name changed, ..... 31
" Hinsdale, incorporated, ...... 686
" Lancaster, established, ...... 40J
" Lee, incorporated, ....... 340
" Lowell, established, . . . . . . 139
" Shelburne Falls, established, . . . ■ . ; 388
" Wesleyan, relating to, ..... . 739
" Westford, repeal of provision that a majority of the trustees must be
inhabitants of Westford, ..... 322
" Westminster, established, ...... 395
Accounts, assessors, for returning statistical information, payment of, (see Roll,
p. 257,) 238
« military, payment of, (see Rolls, pp. 253, 543, 852,) . 238, 513, 838
" miscellaneous, payment of, (see Rolls, pp. 264 to 272, 547 to 553,
851 to 858,) ....
" of certain witnesses, payment of,
" of commissioners on the militia, payment of,
" of fees in certain cases, district attorneys to audit,
" of Land Agent, concerning,
" pauper, payment of, (see Rolls, pp. 273, 554, 844,)
" providing for auditing,
" republishing the laws, treasurer to audit and pay,
" State lunatic pauper, payment of, .
A
201
, 250, 540
838
.
840
,
818
,
539
205,
535
828
252,
540,
821
225
250
,
821
11
INDEX.
Accounts, State pauper, allowance to commissioners relating to, . Page 532, 533
<« " " Governor and Council to appoint commissioners to ex
amine, .....
AcusHNET Iron Foundry, incorporated, ....
Adams, J. Q,., testimonials of respect by the Legislature to the memory of,
" and Bennington Railroad Corporation, established,
" Zabdiel B., trustee, to sell real estate, ....
Adelphian Academy of North Bridgewater, incorporated.
Adjacent Towns, to unite for school purposes.
Adjutant and Quarter Master General's Office, salary of clerk in, established,
" General, to be inspector general of the militia,
" « to cause inscriptions to be placed on field pieces used by Con
cord Artillery Company,
« " to furnish camp equipage to field officers of the militia,
« " to furnish equipments to the Soul of Soldiery,
" " to make returns to towns, ....
" " to pay $300 to town of Cambridge, on certain conditions,
« " to repair State Arsenal at Cambridge,
« " to sell gun house and land in Monson, and land in Barre,
" " to transmit copy of act and blank forms,
Administration on property coming to light after twenty years, &.C., authorized
in certain cases, ....
Administrators, public, concerning,
Adults, providing for instruction of, .
Agawam Bank, incorporated, .
" " capital stock increased,
" Canal Company, capital stock increased,
<' " " to manufacture cotton and woolen goods,
" Manufacturing Company, incorporated,
" Mutual Fire Insurance Company, incorporated,
Agent of Discharged Convicts, to furnish clothing, &c., render accounts, an
allowance to, .
" " " " to make annual returns.
Agricultural Branch Railroad, established,
" " " time for location and completion extended,
and to unite with Framingham Branch
Railroad,
" Institute, Massachusetts, established,
" Societies, concerning, .
" Society, Barnstable County, allowance to,
" " Berkshire County, to amend return,
" " Bristol County, in favor of,
" " " " to amend return,
" " Hampden County, in favor of,
" " Housatonic, incorporated,
Aid Society, Mechanics Mutual, incorporated,
Alewive Fishery in North River, relating to,
" "in Saugus River, relating to.
INDEX.
Ill
Alewive Fishery in Tisbury, regulated,
Alford, part of West Stockbridge set off to, .
Alger Iron and Steel Company, incorporated,
Alien Passengers, relating to,
" paupers, allowance for support of,
Allen, Samuel C, allowance for services in settling accounts,
" Thomas J., to plant oysters in Westport River,
Almshouses, concerning location and erection of,
" in cities, directors to make returns of indigent children
American Bank, further time to close its concerns,
" Machine Works, incorporated,
" Marble Statuary Company, incorporated,
" Nail Company, incorporated,
" Net and Twine Manufacturing Company, incorporated,
" Patent Sail Company, incorporated, .
" Peace Society, incorporated,
" Unitarian Association, incorporated,
Ames Manueactdring Company, capital stock increased,
Amherst Branch Railroad Company, incorporated,
" College, allowance to trustees of, .
" Manufacturing Company, incorporated,
Amory, Thomas C. Jr., to sell Elizabeth Sullivan's interest in land,
Andrews, Samuel, guardian, to sell real estate,
Annisquam Mutual Fire Insurance Company, incorporated,
Annual Meetings of Banks, concerning,
" Reports of Board of Education, and Abstracts of School Returns, con
cerning, ......
" " of indigent children, to be made to Legislature by the Secretary
" " of Railroad Corporations, concerning.
Annuities, relating to payment of,
Annuity heretofore payable to Harvard College by the proprietors of Charles
River Bridge, providing for payment of, .
Appleton Bank, in Lowell, incorporated, ....
AquEDUCT Company, Lawrence, incorporated, ....
" " Springfield, incorporated.
Archives, Governor to procure copies of documents in France,
" " *' " originals or copies of missing records, .
" providing payment for copies of documents in France,
" " " " " » " sent to Washington
" Secretary to adopt measures to recover documents sent to Washington,
" " to ascertain and report concerning, and to purchase military
documents of the Revolution,
Arnold, Harry, trustee of Grafton Indians, to allot real estate to.
Arsenal, State, in Boston, Governor and Council to ascertain Commonwealth's
title to, and to release to city of Boston, .
" " in Cambridge, providing for repairs on, . . .
Art Union, New England, incorporated, . . . . •
Artesian Well Association, incorporated, .....
Page 336
370
78
796
820—824
211
94
770
740
679
641
409
143
721
452
607
338
7
662
514
10
215, 235
243
360
671
419, 531
740
175
792
540
343
814
783
226
211
209, 819
508
223
534
237
248
513
810
162
IV
INDEX.
appointment of,
Artists' Association, Boston, incorporated, .
AsHBY Steam Manufacturing Company, incorporated, .
Ashland Manufacturing Company, incorporated,
" town of, incorporated,
" " " in addition to act of incorporation,
AspiNWALL, Samuel, to extend a wharf in Boston,
AssATERs of ores and metals, providing for the appointment of,
Assessors of town of Berkley, on petition of, .
" payment for returning statistical information,
Assignees of insolvent estates, relating to actions against.
Assistant Clerk of courts in Middlesex County, providing for
" messenger to Governor and Council, in favor of,
a « " " " " pay of,
" watchmen of State House, salary established,
Association, American Unitarian, incorporated,
" Boston Artists,' incorporated,
" Franklin Library, incorporated,
" Globe Village, incorporated,
" Massachusetts Teachers, incorporated,
" Salem Charitable Building, incorporated,
" South Boston, continued a body corporate,
" Temperance Hall, in Dedham, incorporated,
Associations of teachers and others, aid granted to,
Assonet River, Boyce, John, and Benjamin Luther, to plant oysters in,
" " Hathaway, Guilford, and Edmund D., to plant oysters in,
" " Tew, Philip M. and others, to plant oysters in.
Assurance Company, Mutual Fire, of Springfield, incorporation continued,
name changed, .......
Asylum, at Hartford, appropriation for the support of deaf mutes at,
" for the blind, Massachusetts, appropriation for,
" St. Mary's Male Orphan, incorporated,
Atkins, Joseph and Freeman, to extend wharf in Provincetown,
Atlantic Cotton Mills, incorporated, ....
Attachments, dissolving, concerning bonds given on,
" on processes issued, by courts of U. S., concerning,
Attorney for Eastern District, salary established.
Attorneys, District, to audit accounts of fees in certain cases,
" " to prosecute for encroachments into Boston Harbor,
" " to see to appropriations of funds of public charities,
Atwood, John, Jr., to build a wharf in Provincetown, .
Auctioneers, relating to their returns and payment of auction duties, .
Austin, Daniel, and others, on petition of, .
Page 439
400
124
63
710
726
83
520
238
742
769
238
227, 519, 831
162
338
439
475
175
143
739
12
172
779
394
384
402
and
318
539
520
414
138
5
83
247
605
539
840
480
638
480
524
B.
Bacon, Reuben, executor, to file affidavit and notice,
Bailey, Timothy, executor, to sell real estate, .
Baker, James, pension to, .
217
243
839
INDEX.
Baker, Joseph K., and Arannah Small, to build a wharf in Dennis,
" Stephens, guardian, to sell real estate,
" William P., allowance for pursuit of a fugitive,
Balances, weights, and measures, concerning,
" " " " to be furnished to county, city, and town treas
urers,
Ballard Vale Machine Shop, capital stock increased,
" " " " incorporated.
Ballast in Boston, city council to make regulations concerning.
Balustrades on buildings, erection regulated,
Bangs, Solomon, to build a wharf in Provincetown,
Bank officers, and persons employed in banks, to punish larceny by,
" Agawam, capital stock increased,
" " in Springfield, incorporated,
" American, further time to close its concerns,
" Appleton, in Lowell, established,
" Barnstable, capital stock increased,
" of Barre, incorporated, .....
" Bay State, in Methuen, established,
" Berkshire County Savings, in Piltsfield, incorporated,
" bills and coins, granting aid for the suppression of counterfeiting,
" Boston, capital stock increased, . . . •
" Boylston, capital stock increased,
" of Brighton, capital stock increased,
" Bristol County Savings, in Taunton, incorporated,
" Bunker Hill, capital stock increased,
" Cape Ann Savings, in Gloucester, incorporated, .
" Central, capital stock increased, ....
" Chicopee, capital stock increased,
" « Cohannet, further time to close its concerns,
" East Boston Savings, incorporated,
" Essex Savings, in Methuen, incorporated,
" Exchange, in Boston, incorporated,
" Fall River Institution for Savings, incorporation continued,
" Fitchburg, capital stock increased,
" " Savings, incorporated, . . .
" Framingham, capital stock increased,
" " Savings, established,
" Grocers, in Boston, incorporated,
" Hampshire Manufacturers, capital stock increased,
" Holyoke, in Northampton, established,
" Lancaster, capital stock increased,
" Lee, forfeiture refunded, ....
" Lynn Institution for Savings, incorporation continued without limitation
" Machinists, in Taunton, incorporated,
" Mahaiwe, in Great Barrington, incorporated,
" Massasoit, in Fall River, incorporated,
" Mechanics, in Worcester, established,
Page
461,
816,
351
242
205
523
842
600
356
791
763
640
122
655
14
679
343
650
666
316
4
538
421
653
651
33
385
154
651
654
98, 366, 742
715
369
413
446
652
13
652
46
666
650
705
399
505
49
413
432
149
C88
10,
3,
VI
INDEX.
Bank, Merrimack, capital stock reduced,
" Middlesex, further time to close its concerns,
" Millbury, commissioner's certificate made valid,
" " tax refunded, .
" Newton, incorporated,
" of Norfolk, further time to close its concerns, ... 16,
" North Adams Savings, incorporated,
" People's, capital stock increased,
" Plymouth Institution for Savings, incorporation continued and name changed,
" Sandwich Savings, incorporated, ....
" Southbridge Savings, incorporated, ....
" Union, capital stock increased, .....
" Wareham Savings, incorporated, ....
Banks, concerning annual meetings of, ....
" that have surrendered their charters, liabilities limited, .
" and Savings Institutions under settlement, to make annual returns,
" Savings, annual returns to the Secretary by treasurers of, concerning,
" " publication of yearly abstracts of the returns of, concerning,
Eankuuptct and insolvency, concerning costs in cases of.
Barlow, Levi, and others, to build a wharf in Sandwich,
Barnard, Samuel, and Jacob Hittinger, to extend a wharf in Charlestown,
Barnstable Bank, capital stock increased, ....
" County Agricultural Society, allowance to,
" " Commissioners, to lay out road and construct bridge across
Frost Fish Creek, and Wading Place
Creek, ....
" " " to lay out a highway and build a bridge
across Garden River and Basa Hole
Creek,
" " " tolay out a highway and build bridges across
Herring River and Swan Pond Creek,
" " " to lay out highway and construct bridge
across Scorton Creek, .
" town of, to be paid proportion of income of school fund,
Barre, adjutant general to sell land in, ...
Barre and Worcester Railroad Company, incorporated,
" " time for filing location of road, ex
tended,
" Bank of, incorporated, .
Barton Manufacturing Company, incorporated,
Bass Hole Creek, to build a bridge across.
Bastardy, concerning warrants in cases of,
Baths, to be furnished to prisoners.
Bay State Bank, in Metliuen, established,
" " Mills, capital stock increased,
" " " incorporated.
Mutual Fire Insurance Company, incorporated,
Beach, Long, in Lynn, penaUy for removal of gravel, &c., from
Page 13
313
6
229
665
397, 664
716
674
339
696
676
441
363
671
742
333
43
24
752
692
100
650
827
INDEX.
Vll
Beaches in Chelsea, concerning', ......
" " " owners or occupants in North Chelsea to take sand or gravel
from, ....
Beaman Manufacturing Company, capital stock increased,
Bearse, Owen, and others, to build a wharf in Barnstable,
Bedford Railroad Company, incorporated,
Beds, pigeon, for protection of,
Bensonville Manufacturing Company, incorporated, .
Berkley, town of, taxes of 1846 confirmed and made valid,
Berkshire County Agricultural Society, to amend return,
" " Savings Bank, incorporated,
" " office for reg-istry of deeds in, concerning removal of,
" Glass Company, incorporated,
" Marble Company, incorporated,
" Railroad, to extend,
" Woolen Company, to manufacture flour and meal,
Billerica Branch Railroad Company, incorporated,
Billings, David P., allowance for arrest of a fugitive, .
BiXBY Donation Farm, trustees incorporated,
" Samuel, pension to, .
Black, Anna W., and Nathaniel, guardian, to sell real estate,
Blackstose Coal Mining Company, incorporated,
" town of, in addition to act of incorporation,
Blake, Sally, trustees under the will of E. Tuckerman to sell messuage an
farm to, .....
Bleachery, Lowell, capital stock inci*eased,
Bleaching Company, Newbury Spring, incorporated, .
" and Dyeing Company, Methuen, incorporated.
Blind, Perkins Institution and Massachusetts Asylum for the, appropriation for.
Bliss Manufacturing Company, incorporated, ....
Board of Education, allowance to Cyrus Peirce, for demand against, .
" " " " " Secretary for making up abstract, .
" " " annual report of. Clerk of the Senate to print, .
" " " Secretary of, to make out Abstracts of School Returns,
" " " to appoint meetings for forming Teachers' Institutes,
" " Health in Boston, repeal of provision that city council perform the
duties of, ....
Bond Village Manufacturing Company, incorporated, .
Bonds given on dissolving attachments, concerning,
Boston and Chelsea Iron and Screw Company, incorporated,
" " " Paper Company, incorporated,
" " Lowell Railroad Corporation, to construct branches,
" « " " " to construct branch road in Boston, in
crease capital stock, &c.,
" " Maine Railroad Company, and the Eastern, to contract with the Port
land, Saco, and Portsmouth Railroad
Company,
« " ." « " tochangelocationof part of road, construct
a branch, and increase capital stock,
Page 138
Vlll
INDEX.
Boston and Maine Railroad Company, location of road changed, and time for
filing location extended, .....
" " New Bedford Oil Company, incorporated, .
" " Providence Railroad Corporation, capital stock increased,
(( « " « " to construct a branch,
u u " " " to construct a railroad, &c.,
" " Worcester Railroad Corporation, capital stock increased, .
" Artists Association, incorporated, .....
" Bank, capital stock increased, .....
" Belting Company, name of the Goodyear Manufacturing Co. changed to,
" city of, board of health in, repeal of provision that the city council per-
form the duties of, .
" " " concerning doings of board of aldermen of, during absence of
the mayor, ......
« « " concerning house for the reformation of juvenile offenders in,
« " " regulating the erection of wooden buildings in, .
« " " sale of land to, confirmed, ....
" " " to construct a railroad from the Providence Railroad to South Bay
" " " to construct a temporary railroad,
" " " to establish a Public Library, . . ■
" " " to extend a wharf in Boston,
" " " to supply with pure water,
« " " Treasurer authorized to execute and deliver deed of estate occu
pied by the sergeant-at-arms, to, .
" City Council of, to loan money to be redeemed by " Boston Water Scrip,'
" " " " to regulate the taking of ballast,
" Corner and Mount Washington, boundary line between, established,
" Harbor, appropriation for survey of, .
" " commissioners to define lines beyond which no wharves shall b
constructed, ascertain if obstructions are forming, &c.
" " concerning flats in, .
" " " lines in, .
" " " trespasses in, .
" " district attorneys to prosecute for encroachments into, .
" " Governor and Council to appoint commissioners to examine flats in,
" " jurisdiction over certain islands in, ceded to the United States,
" " in addition to act establishing regulations concerning,
" " regulations established concerning,
" House Company, incorporated,
" Insurance Company, capital stock increased,
" Locomotive Works, incorporated,
" Manufacturing Company, East, incorporated, .
" Oil Company, incorporated,
" Society for the Prevention of Pauperism, incorporated,
" South Steam Cotton Mill Company, incorporated,
" Steam Dock Company, incorporated, .
" " Flour Mill Company, to extend a wharf,
" " " « " to hold additional real estate.
Page
11,700,
. 125,
808
314
7C0
107
760
743
439
421
372
450
24
439
389
526
468
630
636
396
113
517
625
791
363
515
842
840
498
537
840
245
9
800
452
736
389
633
20
130
444
334
736
713
21
INDEX.
IX
Boundary Line, between Brewster and Harwich, changed,
" " " Bridgewater and East Bridgewater, established,
" " " Hatfield and Williamsburg, established,
" " " Lunenburg and Shirley, established, .
" " " Massachusetts and Rhode Island, concerning,
" " " Mount Washington and Boston Corner, established,
" " " Weymouth and Abington, established
*' " " Williamsburg and Whately, concerning,
BowDiTCH Mutual Fire Insurance Company, incorporated,
" " " " " to insure risks in certain states,
BowKER, Albert, and William Fettyplace, to extend a wharf in Boston,
BoxFORD, part of Ipswich set off to, .
BoYCE, John, and Benjamin Luther, to plant oysters in Assonet River, .
BoYLSTON, Edward, judge of probate for Hampden County to appoint administra
tor on estate of, .
" Bank, capital stock increased, ....
" Medical School, incorporated, ....
Bradford Flax Company, incorporated, ....
Bradlee, Frederick H., and James B., trustees, to sell real estate,
Bbaintree and Weymouth, fire department established in,
" Cotton Manufacturing Company, incorporated,
Brattle Square, proprietors of church in, time for annual meeting changed,
Brazer, John, deceased, partition of his estate confirmed,
Breakwater and wharves in Brewster, Jeremiah Mayo and others to build,
Brewster and Harwich, changing dividing line between,
Bridge across Charles River, providing for appointment of a commissioner to su
perintend the building of, .
" " Garden River and Bass Hole Creek, to be constructed,
" " Harry's Creek, to be constructed,
" " Ipswich River, to be constructed,
" and highway across Scorton Creek, to construct and lay out,
" " road across Frost Fish Creek and Wading Place Creek, to construct
and lay out, ......
" Cabot and West Springfield, proprietors incorporated, .
" Charles River, providing for payment of annuity heretofore payable to
Harvard College by the proprietors of, .
" Chelsea, regulating rates of toll at, .
" Company, Point, in Gloucester, incorporated,
" Corporation, Hancock Free, established,
" " " " to repair avenues and bridges,
" Essex, relating to, .
•' in Braintree, county commissioners to construct,
" Neponset, regulating rates of toll at, .
" Newburyport, further time allowed to complete the draw in,
" " in addition to act incorporating the proprietors of,
" Northfield, in addition to act incorporating the proprietors of,
" " proprietors incorporated, ....
" over Santuit River, concerning the erection of,
Page 707
91
86
35, 708
521, 839
363
391
842
311
487
383
40
394
INDEX.
Baidgb over South River, city of Salem authorized to construct,
" Three Rivers, in Pahner, repeal of act relating to.
Bridges across Herring River and Swan Pond Creek, to be constructed,
" Railroad, across Charles and Mystic Rivers, penalty for using them to
lay vessels across the stream, ....
Bridgewater and East Bridgewater, boundary line between, established,
" Iron Manufacturing Company, capital stock increased,
Briggs Iron Company, incorporated,
Brightman, Benjamin T., to build a wharf in Fall River,
Brighton, Bank of, capital stock increased,
Bristol County Agricultural Society, in favor of,
" " " " to amend return,
" " Savings Bank, incorporated, .
Brown, Josiah, allowance to, .
" George W., and Josiah G. Lovell, to extend a wharf in Boston,
" Samuel W., to extend a wharf in Gloucester, .
" Sarah, administratrix, to sell real estate,
Bryant, Sarah A., trustee of, to join in executing an indenture,
BcFFiNGTON, Benjamin M., providing for payment of expenses of sickness and
funeral of, .......
Buildings, wooden, in Boston, regulating the erection of, .
Bunker Hill Bank, capital stock increased, ....
BuRGUYN, Henry K., and others, on petition of, ...
BuRNHAM, Gilman M., and Reuben, to extend a wharf in Boston,
BuRNsiDE, Elmira A., and others, to join in executing deeds of real estate,
BuswELL, Joseph and others, on petition of, .
Byington, Horatio, administrator, to iijake and deliver deeds of real estate,
By-Laws, concerning prosecutions for violations of, .
Page 108
44G
637
c.
Cabot and West Springfield Bridge, proprietors incorporated, .
Cambridge, city of, allowance for support of lunatic state paupers,
" " " established, . . . . .
" town of, to lay out and keep Magazine Street in good condition,
" Wharf Company, incorporated, ....
Canal Company, Agawam, capital stock increased,
" " " to manufacture cotton and woolen goods,
" " Indian Orchard, to manufacture cotton and wool, and capital
stock increased, .....
" " Maiden, established, ....
Canton, part of, set off to Stoughton, .....
Cape Ann Savings Bank, incorporated, ....
" Steam Cotton Manufactory, incorporated, ' .
" Cod Branch Railroad Company, incorporated,
" time for location and completion extended, .
Carew Manufacturing Company, incorporated, . . .
Carleton, George, guardian of, sale of real estate confirmed, . - .
INDEX.
XI
Cashiers and Clerks, penalty for neglect to make returns, . . . Pawe 776
Caswell, George, commissioner appointed on petition of, to sell land, . . 535
" " commissioners to release Commonwealth's title to land to, . 210
Catholic Congregational Church and Society in the second precinct in the town
of Rehoboth, name changed, ...... 669
Cemetery, Public, in Roxbury, relating to, . . . ... 645
" Walnut Grove, proprietors to grant right of way over, . . 769
Central Bank, in Worcester, capital stock increased, .... 651
" Square Wharf Company, incorporated, .... 775
Chace, James S., to plant oysters in Taunton Great lliver, . . . 30
Chandler, James, and others, to extend a wharf in Provincetown, . . 637
Chaplains of the Legislature, pay of, . . . . . 228, 519, 838
Chappaquonset Pond and Creek, in Tisbury, fishery regulated in, . . 336
Chappequiddic and Christiantown Indians, allowance to guardian of, . . 826
Charities, public, relating to, ...... 480
Charles River, appropriation for survey of, . . . . . 230, 514
" . " Bridge, providing for payment of annuity to Harvard College,
heretofore payable by proprietors of, . . . 540
" " Governor to appoint commissioners concerning the survey of, . 246
" " Railroad bridges across, penalty for using them to lay vessels
across the stream, . . . . . . 810
" " Woolen Manufacturing Company, incorporated, . . 634
" Street Baptist Society, to sell real estate, .... 227
Charlestown Branch and Fitchburg Railroad Companies, concerning, . 12
" city of, established, ...... 322
" " " to amend act establishing, .... 476
" Female Seminary, trustees to hold real estate, . . . 603
" Gas Company, incorporated, ..... 60
" Lead Company, incorporated, ..... 417
Chase, Job, and others, to build a wharf in Dennis, .... 680
" Neri, junior, authorized to place moorings, . . . . 677
Chebacco Branch Railroad Company, incorporated, .... 675
Chelsea, beaches in, concerning, ...... 138
" " " owners or occupants in North Chelsea, to take sand or
gravel from, ...... 410
" Branch Railroad Company, incorporated, .... 140
" " " " name changed .... 475
" " " " to construct a branch, increase capital
stock, enter upon Eastern Railroad, &c., 331
" " '* " to make arrangements with Eastern Rail-
road Company, . . . 418
" Bridge, regulating rates of toll at, . . . • . . 131
" Iron and Screw Company, Boston and, incorporated, . . .5
" jurisdiction over certain marsh lands in, ceded to the United States, . 694
" Mutual Fire Insurance Company, incorporated, . . . 446
" town of, allowance for support of State paupers, . . • 821
Chemical Company, Lowell, incorporated, .... * 341
" Laboratory, New England, incorporated, . . . • 333
Cheshire Iron Works, incorporated, ....•• 667
Xll
INDEX.
Page 204
740
654
801
731
740
230
512
402
409
335
479
447
43
Chickering, Jesse, allowance to,
" Joseph Coy, name changed,
Chicopee Bank, capital stock increased,
" town of, concerning taxes in,
" " " incorporated,
Children, indigent, concerning returns of.
Christian Society, in Sharon, to sell real estate,
Christiantown Indians, allowance to guardian of, .
Church in Brattle Square, time changed for annual meeting of proprietors of,
Cities and Towns, concerning the powers of, .
" " " to restrain abuses of corporate power by, .
" concerning the powers of, .... .
" to prevent obstructions in streets of, .
Citizens Mutual Insurance Company, in Brighton, incorporated.
City and town officers, penalty for neglect of duties in regard to the election of
State officers, ........ 736
City Council, of Boston, repeal of provision that they perform the duties of a
board of health, ..... 450
" *' " to loan money to be redeemed by " Boston Water Scrip," 625
" " " to regulate the taking of ballast, . . . 791
" Councils, to regulate the erection of balustrades on buildings, . . 763
" Mutual Fire Insurance Company, incorporated, .... 143
" of Boston, to construct a railroad from Providence Railroad to South Bay, . 468
" " " to construct a temporary railroad, .... 630
" " " to establish a Public Library, . . . . . 636
" " Cambridge, established, ...... 67
" " Charlestown, established, . . . . . . . 322
" " " to amend act establishing, .... 476
" " Lowell, charter amended, ...... 18
" " " in addition to act establishing, ..... 364
" " New Bedford, concerning the police court in, . . , . 718
" " " " " " survey, &c., of lumber in, . . 729
" " " " established, ...... 345
" " " " in addition to act establishing, .... 399
" " Roxbury, established, ....... 50
" " " in addition to act of incorporation, .... 432, 631
" " " relating to a public cemetery in, . . . . 645
" " Worcester, established, ...... 611
Civil Actions before justices of the peace, concerning the continuance of, . 707
Clapp, Derastus, allowance for arrest of a counterfeiter, . . . 225
Clark, Peter, administrator, to file affidavit and copy of notice, . . . 828
Clarksburg, part of, set off to Florida, . . ... . 738
Clerk, first, in Treasurer's office, salary established, .... 440
" in Adjutant and A. Q,. M, General's office, salary established, . . 355
" of the House, to offer a reward for the recovery of a volume of the Journal, 506
" of the Senate, to print annual report of the Board of Education, . . 531
Clerks and Cashiers, penalty for neglect to make returns, . . . 776
.... 236,532,833
of the Legislature, pay of.
INDEX.
XI 11
Clifford, Samuel W., and others, on petition of, ... . Page 503
Clinton Company, capital stock increased, ..... 634
Clintonville Machine Shop, incorporated, ..... 682
Coaches, and other vehicles, to regulate, and to prevent obstructions in the streets
of cities, . . . . . . . . . 447
Coal Mining Company, Blackstone, incorporated, .... 645
" " " Worcester, incorporated, .... 745
Coasters Mutual Marine Insurance Company, incorporated, . . . 398
CocHiTUATE Fire Insurance Company, incorporated, .... 368
" " " " time for paying in capital stock extended, 677
Cobb, William, to build a wharf in Dighton, ..... 65
Cohannet Bank, further time to close its concerns, . . . 98, 366, 742
CoHAssET and Scituate Branch Railroad Company, incorporated, . . 463
Colby, H. G. O., and others, pay as commissioners, &c., in relation to the Rhode
Island boundary, ........ 836
Cold Spring Iron Works, incorporated, ..... 691
Collection of Taxes, concerning, . . . . . . 134
" " •' remedies for, .... 734
College, Amherst, allowance to trustees of, . . . . . 514
" Harvard, providing for payment of annuity to, . . . 540
CoLMAN, Amy F., guardian of, to sell real estate, . . . . 243
Commissioner appointed under Resolve on the petition of George Caswell, to sell
land, ....... 535
" to publish Special Laws, providing for appointment of, . . 53U
Commissioners, Board of Railroad, repeal of act providing for appointment of, . 130
" concerning Boston Harbor, to define lines beyond which no wharves
shall be constructed, ascertain if obstructions are forming, &c., 842
" concerning boundary line between Rhode Island and Massachu-
setts, providing for appointment of, . . . . 839
" concerning boundary line between Williamsburg and WhateTy,
providing for appointment of, ... . 842
" concerning flats in Boston Harbor, providing for appointment of, 840
" for codifying the criminal law, allowance to, . . . 231
" of insolvency, providing for appointment of, . . . 785
«* on the Sinking Fund of the Western Railroad Corporation to in-
vest moneys, . . . . ... 483
" on idiocy, Governor and Council to appoint, . . . 239
" " commission continued, . . . . 532
" on the survey of Boston Harbor, Governor and Council to appoint, 515
" . " " New Bedford Harbor, commission continued,
and further time allowed to report, . . 504
" . " militia laws, providing for appointment of, . . 541
" relating to State pauper accounts, allowance to, . . 532, 533
" to erect State Reform School buildings, providing for the ap-
pointment of, . . . . . . 515
" to supply counties, cities, and towns, with standards of weights, &c., 842
" to visit and report concerning the Indians in this Commonwealth, 841
" Water, of Boston, estate occupied by sergeant-at-arms to be sold
on petition of, . . . . . • 517
XIV
INDEX.
Common gaming houses, to suppress,
" lands in county of Nantucket, concerning,
" schools, relating to, .
" Woburn, enclosure authorized, .
Competency of witnesses in certain cases, relating to,
CoNANT Manufacturing Company, incorporated,
" Simeon, to extend a wharf in Provincetown,
Concord Artillery Company, inscription to be placed on field pieces used by,
" Steam Mill Company, incorporated, .
Congregational Church and Society in Rehoboth, name of Catholic Congrega
tional Church, &c., changed to,
*' " in Purchase Street, in the cily of Boston, name changed
" Society of Tolland, to sell land,
Connecticut River Railroad Company, location of road changed,
" " " " time for location of road extended,
" " " " to extend their road.
Constables, concerning their power, .
Constitution Wharf Company, in Boston, incorporated.
Convicts, concerning support of, . . .
" discharged, concerning returns of agent of, .
" '* " duties of, and allowance to agent of,
" relating to employment of, in engraving,
Cook, James M., executor, to sell land, .
" Jesse, to extend a wharf in Provincetown,
" Parker, to extend a wharf in Provincetown,
" Samuel, to extend a wharf in Provincetown,
Coombs, John, trustee, to sell real estate,
Copies of documents in F/ancc, payment provided for,
" " " sent to Washington, payment provided for,
Corporations, foreign, to provide against loss from insurance by,
" manufacturing, concerning transfer of shares in,
Costs in cases of bankruptcy and insolvency, relating to,
" " proceedings in Supreme Court of Probate, concerning security for,
Cotton, gun, and other like substances, regulating keeping of, .
Council, Senate, and House, pay of members of, . . . 226,
Councils, city, to make by-laws for the preservation of the peace, &c.,
Counterfeiting, granting aid for the suppression of, .
County Associations of teachers and others, aid granted to, .
" Commissioners, act requiring them to make returns concerning highways
repealed, ....
" " and other officers, relating to returns of,
" " duties as to jails and houses of correction,
" " in relation to construction of railroads at crossings,
" for county of Barnstable, to lay out'?oad and construct a
bridge across Frost Fish Creek
and Wading Place Creek,
" " " " to lay out a highway and build a
bridge across Garden River
and Bass Hole Creek,
Page 800
375, 445
391, 767
752
647
130
386
210
154
669
643
218
679
419
195
373
390
44
37
647
475
219
696
344
65
217
819
508
490
22
752
161
342
519, 834
479
538
779
748
433
762
199
364
741
INDEX. XV
County Commissioners for county of Barnstable, to lay out a highway and build
bridges across Herring River
and Swan Pond Creek, . Page 637
" " " " " " to lay out highway and con-
struct a bridge across Scor-
lon Creek, . . 362
" " " " " Bristol, concerning votes of inhabitants of
New Bedford for, ... 399
" " " " " Dukes County, to construct a bridge across
Harry's Creek, ... 369
" ^ " " " " Essex, to lay out a highway and build a
bridge across Ipswich River, . . 636
" " " " " Hampden, to apportion taxes for towns of
Springfield and Chicopee, . 801
" " " " " " to furnish books for convicts in
house of correction, . 222
" " " " " Hampshire, time for meeting changed, . 150
" " " " " Norfolk, penalty for neglect to return a
map remitted, . . 830
" " " " " " to construct a bridge across Ne-
ponset River, . . 417
" " " " " " to locate a road and construct a
bridge in Braintree, . . 91
" " relating to proceedings of, . . . . 477
" " repeal of provision for location of railroads by, . . 60
" " to erect stone bounds at termini, &c. of new roads, . 707
" " to provide instruction for prisoners, . . . 610
" of Berkshire, concerning removal of office for registry of deeds in, . 836
" of Norfolk, allowed for support of a pauper, .... 833
Court of Common Pleas, establishing salaries of justices of, . . . 191
" " " " for Hampshire County, altering time for holding terms of, 131
" Police, in Lawrence, established, ..... 745
" " " Lowell, compensation of justices established, &c., . . 815
" " " New Bedford, concerning, .... 134, 718, 802
" Probate, in Essex County, relating to, . . . . . 734
" " " Filchburg, to discontinue in June and December, . . 86
" " " Middlesex County, establishing additional terms of, . . 716
" " , " Worcester County, changing place for holding, . . 678, 743
" Supreme Judicial, number of justices increased to five, . . . 603
" " " to adjourn from place to place for capital trials, . 734
Courts in Middlesex County, providing for the appointment of an assistant clerk of, 769
CowELL, William W., allowance for committing a lunatic, . . . 251
740
135
223
315
238
712
Cot, Joseph Bunnell, repeal of act changing his name, .
Criminal cases, concerning proceedings in, .
" law, secretary to distribute copies of the report on,
" prosecutions, time of night-time defined in,
Crocker, Charles and William D,, allowance to,
Crosby, Ziba, trustee under will of, to sell real estate, .
Crowell, Prince S., and others, to drive piles in the harbor of Dennis,
XVI
INDEX.
CoMMiNGS, Jacob, and wife, administrators, to release and discharge mortgage, .
CuMMiNGTON, town of, allowed portion of income from school fund,
Cunningham, James, to extend a wharf in Boston, . . . i
Curtis, Joseph, administrator of, to file affidavit and copy of notice,
CuTTYHUNK, island of, ceding to the United States jurisdiction over a ledge of
rocks lying off, ........
Page 534
831
717
529
454
D.
Dam, Mill, across Mill Creek in Truro, acts of owners confirmed, and mill dam
continued,^ .....
Damages, railroad land, relating to, .
Dana, Samuel and Nancy, to sell real estate,
Dane Manufacturing Company, incorporated, .
Danvers, in addition to act to establish a Fire Department in
" town of, allowance for support of one sick with the ship-fever,
" " " reimbursed money paid for military services,
Davenport Car Company, incorporated,
Davis, Daniel, allowance for care of sick Indians,
" Rebecca, pension allowed to, .
" Stephen G., allowance for arrest of fugitives.
Deaf Mutes, appropriation for their support at the Hartford Asylum,
Dean Cotton and Machine Company, incorporated,
" Joseph, and others, to plant oysters in Assonet River,
Dearborn, Benjamin, executor of the will of, to sell real estate.
Debtors, insane, removal from jail provided for,
" insolvent, for the relief of, and the more equal distribution of their effects,
" " in addition to acts for the relief of, .
" poor, committed on execution for debt, relating to discharge of,
" " concerning notice of intention to take the oath for their benefit,
Deceased Persons, concerning taxes on real estate of, .
Dedham Lead Company, incorporated, .
Dedication of public ways, concerning,
Deeds, concerning registry of, in Monterey,
" " " " « Berkshire County, .
" registers of, penalty for omission to make returns,
Dehon, William, and others, on petition of,
Delano, William H. and Benjamin F., to extend a wharf in Boston,
Dennis and Harwich, to lay out a highway and build bridges in,
Deposites and wages of married women, concerning payment of.
Deputy Sheriffs, to administer oaths in certain cases.
Detainer, forcible entry and, concerning,
Dighton, town of, allowance for support of State paupers,
Dillingham, Stephen, to build a wharf in Falmouth,
Discharge of poor debtors committed on execution for debt, relating to.
Discharged Convicts, concerning annual returns of agent of, .
" " " duties of and allowance to agent of,
Disputed Territory Fund, relating to, . . . .
368
418
244
22
609
825
819
636
826
204
234
539
641
402
215
807
119
785
696
769
449
87
137
600
836
502
829
716
637
139
802
681
840
336
696
37
647
524
INDEX.
xvu
Dissolving Attachments, concerning bonds given in, ... Page 83
District Attorney for Suffolk, to abate nuisances and enforce penalties for
trespasses in Boston Harbor, ..... 537
" Attorneya of ihe Middle and Western Districts, salaries established, . 195
" " to act in case of neglect of public administrator, . . 140
" " to audit accounts of fees in certain cases, . . . 539
" " to prosecute for encroachments into Boston Harbor, . 840
" " to see to appropriations of funds of public charities, . 480
" for administration of criminal law, Eastern, established, . . 605
" schoolhouses, relating to, . . . . . . 761
Disturbance of religious worship, wilful, concerning, . . . . . 376
Divorce, concerning marriage and, ...... 134
Dixon, Thomas, attorney, on petition of, .... . 830
Doane, Valentine, and others, to build a wharf in Harwich, ... 66
Dock Company, Boston Steam, incorporated, ..... 736
Documents in France, governor to procure copies of, . . . 226
" " " providing payment for copies of, ... 209, 819
" Revolutionary, Secretary to purchase, .... 534
" sent to Washington, payment provided for copies of, . . 508
" " " " Secretary to endeavor to recover, . . 223
" Secretary to forward to editors, ..... 205
Doorkeepers, messengers, and pages, pay of, . . . . 227, 527, 831
Dorchester and Milton Branch Railroad Company, capital stock increased, . G76
" « " " " " incorporated, . . 155
" town of, to sell land, ...... 241
Dow, Zilpha M., trustee, to sell real estate, ..... 242
Draw in the Newburyport Bridge, Eastern Railroad Company allowed further
time to complete, ........ 436
Drew, Phineas, to extend a wharf in Nahant, ..... 341
Dry Dock Company, East Boston, incorporated, .... 382
Dudley Indians, allowance to guardian of, . . . . . " 835
" " " to Daniel Davis, for care of, . . . 826
" " guardian of, to repair houses, .... 538
Dukes County, county commissioners to construct a bridge across Harry's Creek, 369
Dunbar, John D., and Ephraim Parker, to extend a wharf in Boston, . . 382
" Laura Ann and others, to join in executing deeds of real estate, . 507
Duties, auction, in relation to payment of, . . . . • 480
DuxBURY Branch Railroad Company, incorporated, .... 403
Dwight, Henry W., administrator on estate of, to make and deliver deeds of real
estate, ......... 236
Dyar, Smith, trustee, to sell real estate, ..... 521
Dyeing Company, Methuen Bleaching and, incorporated, ... 44
Dyer, Joshua, to build a wharf in Provincetown, .... 638
E.
E. Carver Company, incorporated.
East Boston Dry Dock Company, incorporated,
C
112
382
IVlll
INDEX.
East Boston Iron and Gas Company, name of Massachusetts Solar Gas and
Foundry Company changed to,
" " Manufacturing Company, incorporated, .
" " Savings Bank, incorporated, . . .
" Bridgewater and Bridgewater, dividing line between, established,
" Florida Serpentine Company, incorporated.
Eastern District for administration of criminal law, established,
" Railroad Company, allowed further time to complete the draw in the
Newburyport Bridge, ....
« " " and Boston and Maine, to contract with the Port-
land, Saco, and Portsmouth Railroad Company,
" " " capital stock increased, ....
" " " to construct a draw in bridge over Merrimack River,
" " " to extend road into Boston, increase capital
stock, &c., .....
" " " to make arrangements with the Chelsea Branch
Railroad Company,
Eastham, estate in, formerly of Sylvanus Snow, set off to Wellfleet,
Easton, to be paid proportion of income of school fund.
Education, Board of, allowance to Cyrus Peirce for demand against,
" " " " " Secretary for making up abstract,
" " " annual report of. Clerk of the Senate to print,
" " " Secretary of, to make out abstracts of the School Returns,
" " " to appoint meetings for forming Teachers' Institutes,
*' concerning corporations for mutual improvement and the promotion of.
Educational purposes, concerning appropriations for, .
Editors, to be supplied with documents,
EiMKE, Auguste, on petition of Thomas Dixon, attorney for,
Eldred, Silas J., and others, to build a wharf in Falmouth,
Electors of President and Vice President of the U. States, regulating election of.
Electro -Magnetic Telegraph, proprietors incorporated,
Eliot Mills, incorporated, .....
" School, sale of land confirmed on petition of trustees of, .
Ellis, David, treasurer of " Newton Factories," to convey property to,
" Rowland, trustee, to mortgage real estate,
Emmes, Rebecca, pension to, .
Employment of convicts, relating to, .
Engraving, concerning employment of convicts in.
Entry and detainer, forcible, concerning,
Episcopal Clerical Fund, trustees incorporated,
Erie Market, proprietors incorporated,
Essex and Eagle River Copper Company, incorporated,
" Bridge, relating to, .
" Company, capital stock increased, &c., .
" " to hold property in New Hampshire and impede the navigation
of the Merrimack River a further period,
" County, additional master in chancery to be appointed in,
" " Commissioners, to lay out a highway and build a bridge across
Ipswich River, . .
Page
705,
631
20
715
91
14
605
436
359
771
171
771
418
498
216
528
531
531
419
CG3
49
149
205
830
683
626
140
747
526
209
505
522
475
475
681
77
438
79
772
773
81
763
636
INDEX.
XIX
Essex County, concerning house of correction and asylum for insane persons in,
*' " Health Insurance Company, incorporated,
" " relating to probate courts in,
" " to constitute the Eastern District for administration of criminal law
" Institute, incorporated, ....
" Mechanics Mutual Fire Insurance Company, to insure risks in certain states
" Railroad Company, incorporated,
" " " to construct branches, increase capital, &c.,
" ♦• " to extend road, unite with Boston and Maine Railroad
increase capital stock, &c.,
" Savings Bank, incorporated,
" Sugar Refinery, incorporated.
Estates, leasehold, relating to, ...
" trust, concerning sale of, .
EosTis, William T., guardian, to sell minor's interest in land,
Exchange Bank, incorporated.
Exchanges, Vatteniare Literary, appropriation for,
Executions, relating to recording of, . . .
Eye and Ear Infirmary, Trustees of Massachusetts Charitable, allowance to
Page 103
458
734
G05
600
487
38
457
748
369
455
484
165
212
413
204, 518
682
251, 821
r.
Fairbanks, David, penalty for not making insurance return remitted, . . 221
Fairhaven and New Bedford Harbors, lines of channels established, &c., . 755
" jurisdiction over a lot of land in, ceded to the United States, . 454
Fall River Indians, allowance to guardian of, . . . . • 826
" " Institution for Savings, incorporation continued, . • . 446
" " Marine Insurance Company, incorporated, . . . 361
" " Print Works, incorporated, . . . . . 670
" " Railroad Company, name of united corporation of Middleborough,
Fall River Branch, and Randolph and Bridge-
water Railroad Corporations changed to, . 190
" " " " to extend road, and filing of location made valid, 440
" " " " to unite road with New Bedford and Taunton
Railroad, .... 648
" " town of, allowance for care of persons sick with dangerous diseases, 837
'■' " " " to be furnished with books, .... 509, 827
Falmouth, regulating herring fishery in, .... . 370
Faneuil Iron Company, incorporated, . . . . . • 428
Farrell, Patrick, title to land in Worcester confirmed to, . . . 203
Faulkner, Mary L., to sell real estate, ..... 837
Fearing, Daniel B., and Charles N., executors, to sell real estate, . . 240
" William S., to build a wharf in Wareham, .... 126
Federal Street Baptist Society, name changed, .... 405
Fees, district attorneys to audit accounts of, . . . . • 539
" of jurors before a sheriff, established, ..... 760
" of witnesses in certain cases, relating to, . . . . • 672
" to secure the payment of, into the treasury of the Commonwealth, 491
XX
INDEX.
Fetttplace, William, and Albeit Bowker, to extend a Avharf in Boston, . Page 383
" " " Benjamin Lamson, to extend a MJiarf in Boston, . 394
Field, William, administrator on estate of, to sell and convey real estate, . 207, 520
Fire Department in Danvers, in addition to act establishing, . . . COD
" " in Franiingham, established, .... 314
" " in Lawrence, established, ..... 789
" " in North Bridgewater, established, .... 84
" '• in Springfield, repeal of act establishing, . . . 429
" " in Weymouth and Braiiitree, established, ... 79
First Baptist Church and Society in Stoughton, to sell real estate, . . G8G
'* " " in Lexington, trustees to sell or mortgage real estate, . 379
" Free Will Baptist Society in Charlestown, pastor to convey property to, . 823
" Methodist Episcopal Church in East Boston, trustees incorporated, . 29
" " " " " Lowell, concerning payment and distribu-
tion of funds received by trustees of, 464
" " " " " " trustees appointed, and to sell meet-
ing-house, . . . 179
" Parish in Dorchester, to sell real estate, ..... 32
" Trinitarian Congregational Society in Waltham, to sell real estate, . 531
Fish in Haverhill, repeal of act to prevent destruction of, . . . 603
" pickled, regulating inspection of, . . . , . . 121
Fishery, alewive, in North River, relating to, . . . . . 670
" " " Sdugus River, relating to, . . . . . 705
" herring, in Fahnouth, regulated, ..... 370
" in Merrimack River, repealing in part laws regulating, . . 131
" in Tisbury, regulated, ...... 336
" oyster, in Taunton Great River, concerning, .... 429
Fishing Company, Pocha Pond Meadow and, incorporated, . . . 704
" " Traps Creek, concerning ownership of shares in, . . 635
" town of Weymouth to transfer the right of, ... . 47
FisK, Nathan, and others, to build a wharf in Dennis, .... 678
FiTCUBURG and Charlestown Branch Railroad Coi porations, concerning, . 12
" " the Lancaster and Sterling Branch Railroad Corporations, united
corporations to locate and construct branch road in sections, . 478
" and Worcester Railroad Company, incorporated, . . . 172
" " " " " time for filing location of road ex-
tended, . . . 375, 626
" Bank, capital stock increased, . . . . .10, 652
" Iron Company, incorporated, ..... 384
" Mutual Fire Insurance Company, incorporated, . . . 375
" Railroad Company, to extend road into Boston, . . . 433
" Savings Bank, incorporated, . . . . . 13
Flats in Boston Harbor, governor and council to appoint commissioners to examine, 245
Florida, part of Clarksburg set off to, . . " . . . . 738
" Serpentine Company, East, incorporated, .... 14
Forbes, John M., and Samuel Henshaw, trustees, to borrow money and mortgage
real estate, .... 509
" " " " " " to extend a wharf in Boston; . . 313
INDEX.
XXI
Forcible entry and detainer, concerning-, ..... Page 681
Foreign Corporations, to provide against loss from insurance by, . . 490
Forest River Lead Company, incorporated, ..... 28
Fort Kent, on Fish River, in the State of Maine, relating to, . . . 214
Foster Mills, incorporated, ....... 28
Framingham Bank, capital stock increased, . . . . • 3, 652
" Branch Railroad Company, incorporated, .... 197
" " " time for construction extended, . . . 634
" " " to unite with Agricultural Branch Railroad, . 681
" Fire Department established in, . . . . . 314
" Savings Bank established, ..... 46
Franklin Library Association, incorporated, ..... 475
Freeman, Benjamin, and associates, to straighten and widen Mill Creek, . 688
" Kilbourn W., to build a wharf in Provincetown, . . . 388
Frink, Henry, allowance for pursuit of a fugitive, .... 221
Frost Fish Creek, to lay out a road and construct a bridge across, . . 364
Fuel, and other purposes, appropriation to pay for, . . . 226, 519, 831
Fulton Hardware Manufacturing Company, location changed, . . 413
Furnaces for the manufacture of ^lass, concerning licenses for the erection of, . 60
G.
Gage, Addison, and others, to extend a wharf in Charlestown,
Gawing-Houses, to suppress, .
Garden River, to build a bridge across,
Gas and Foundry Company, Massachusetts Solar, incorporated,
*' Company, Charlpstown, incorporated,
" " Lowell, incorporated,
" Light Company, Salem, incorporated,
" " " Springfield, incorporated,
" " " Sylvic, incorporated,
" " " Tremont, incorporated.
General Convention of the Baptist Denomination in the United States, &c
title changed, ......
" Laws and Resolves, providing for promulgation of, .
Georgetown, town of, in addition to act of incorporation,
German Lmmigrants, Society of Boston and vicinity for the aid of, incorporated
GiBBS, George W., and Horatio N. Gnnn, to build a wharf in Somerset
Gifford, Isaiah, to build a wharf in Provincetown,
Glasgow Company, incorporated, ....
Glass, concerning licenses for erection of furnaces for manufacture of,
Glendale Woolen Company, incorporated,
Glendon Rolling Mill, incorporated, ....
Globe Mutual Insurance Company, time extended for paying in capital stock,
" Steam Mills, capital stock increased,
" Village Hall Association, incorporated, .
Gloucester Marine Insurance Company, incorporated,
" Mutual Fishing Insurance Company, incorporated,
343
800
741
319
60
19
357
316
606
18
99
537
708
663
699
384
604
60
343
356
78
30
175
340
335
xxn
INDEX.
Goff's Cove, in Cambridge, extending time for completion of Pine Grove road
across, ....
" " " " to extend Pine Grove road across,
Goi.vG, John K. Jr., trustee, to sell real estate, ....
GoonMAN Paper Manufacturing Company, incorporated,
GooDSPEED, William C, executor, to file affidavit and copy of notice,
Goodyear Manufacturing Company, name changed,
Gordon, William, coroner, allowance for attending an inquest, .
" " " " " " examination and burial,
GosNOLD Mills, incorporated, .....
Government and management of houses of correction, relating to.
Governor may instruct the Treasurer to take the Commonwealth's proportion of
new shares in Western Railroad Corporation,
" to appoint a commissioner to publish Special Laws, .
" " " a person to adjudicate and settle with claimants against the
" Disputed Territory Fund," .
" " " commissioners to apportion expenses of the New London.
Willimantic, and Palmer Railroad,
" " " " to convey land to George Caswell,
" to direct the Treasurer to pay certain notes,
" to draw warrants in favor of institution taking and teaching idiots,
" " " " for payment for copies of documents sent to Wash-
ington, ....
" to inquire into purposes, &c., of an act ceding to the United States
jurisdiction over certain lands, ....
" ■ to procure copies of documents in France, .
" " " originals or copies of missing records,
" to take measures to procure a settlement of accounts under the Treaty
of Washington,
" " " " a reimbursement of expenses incurred un-
der the Treaty of Washington,
" and Council, messenger to, salary established,
" " " pay of assistant messenger to, . . . 2'27,
" " " to appoint a commissioner to superintend construction of
branch road to Lowell Railroad, .
" " " " " a commissioner to superintend construction of
bridge, &c. by Fitchburg Railroad Com-
pany, .....
" " " " " a commissioner to superintend construction of
a bridge by the Grand Junction Railroad
and Depot Company,
" " " " " a commissioner to superintend construction of
a bridge by the Union Railroad Company,
" " " " " assayers of ores and metals,
" " " " " clerk of the police court of New Bedford,
" " " " " commissioners concerning the boundary line
between Rhode Island and Massachusetts,
'age 395
41
207
441
516
372
211
241
641
7,402
479
539
524
659
210
838
835
508
838
226
211
220
230
455
519, 831
474
433
749
775
83
718
839
INDEX. xxiii
Governor and Council to appoint commissioners concerning the boundary line
between Williamsburg and
Whately, . . . Page 842
" " " " " " concerning the extension of the
Eastern Railroad, . . 771
" " " " " " concerning the increase of cap-
ital stock of the Norwich and
Worcester Railroad Company, 709
" " '" '* " " concerning survey of South Bay
and Charles and Mystic Riv-
ers, ... 246
" " " " " " of insolvency, . . 785
" " " " " " on idiocy, ... 239
" " " " " " on laws concerning the militia, 541
" " " " '* " on the survey of Boston Harbor, 515
" " " " " " to erect State Reform School
buildings, . • . 515
" " " " " " to examine State pauper acc'ts, 252
" " " " " " to procure a site for the erec-
tion of a State Manual Labor
School, &c., . . 250
" " " " " " to survey New Bedford Harbor, 2:33
" " " " " " to visit and report concerning
Indians in this Commonwealth, 841
" " " " " " concerning the flats in Boston
Harbor, ... 840
" " " " " " to supply standards of weights,
&c. to counties, cities, and
towns, . . . 842
" " " " " district attorney for Eastern District, . . 605
" " " " " justices of police court of Lawrence, . . 745
" " " " " " " " " " Worcester, . 622, 625
" •" " " " superintendents of alien passengers and deter-
mine their salaries, . . . 796
*' " " " " three port wardens for Nantucket, . . 166
" " " " " trustees and treasurer of the State Reform
School, ..... 405
" " " " " two trustees of the Massachusetts Agricultu-
ral Institute, . . . , 737
" " " to ascertain Commonwealth's title to Rainsford Island and
the State Arsenal, and release to the city of Boston, 248
" " " to draw warrant for payment for new shares in Western
Railroad Corporation, .... 479
" " " to draw warrants to pay for copies of historical papers, . 209
" " " to make arrangements for the reception, &c. of standards
of weights and measures, .... 216
" " " to remove guardians and treasurers of Indian tribes and
others, ...... 144
" *' " to retain counsel in behalf of the Commonwealth, . 208
XXIV
INDEX.
Gramwi^r School, in Roxbury, trustees to convey real estate, .
Grand Junction Railroad and Depot Company, to construct a branch road, &c.
" " " " " " name of another changed to,
Granite Company, Lake Rock, incorporated, ....
" Railway Company, to extend road, build branches, sell road, &c.,
" Steam Mill Company, incorporated, ....
Granville, to be paid proportion of income of school fund,
Greenfikld and Fitchburg Railroad Company, incorporated,
" town of, allowed for support of State paupers,
Greenough, David S., and others, deceased, division of estate confirmed,
Gretlock Iron Works, incorporated, .....
Grocers Bank, in Boston, incorporated, ....
Groton Academy, trustees of, name changed, ....
Guardian of Chappequiddic and Christiantown Indians, allowance to, .
" " Dudley Indians, allowance to, .
" " Fall River Indians, allowance to, .
" " Marshpee Indians, allowance to, .
" " Punkapog Indians, allowance to, .
Guardians and Treasurers of Indian tribes and others, concerning removal of,
" of spendthrifts, concerning appointment of, .
Gun Cotton, and other like substances, regulating keeping of, .
GuNN, Horatio N., and George W. Gibbs, to build a wharf in Somerset,
Gunpowder in the city of Roxbury, regulating storage and transportation of,
Page 829
749
475
414
159
410
222
753
228
829
609
666
31
512, 826
835
826
825
825
144
175
342
699
687
H.
Habeas Corpus, penalty for resisting service of a writ of,
Hackney Coaches, to regulate, and to prevent obstructions in streets of cities,
Hadley Falls Company, incorporated, ....
Hadley, town of, allowed a sum to protect it from encroachments of the Connec
ticut River, .......
Hale, Sarah W., to sell real estate, .....
Halifax, town of, allowed for support of State paupers,
" " " reimbursed for money paid for military services,
Hamilton Woolen Company, capital stock increased.
Hall, Samuel, to extend a wharf in Boston, ....
Hampden County Agricultural Society, in favor of, .
" " Horticultural Society, incorporated, .
" " to provide books for convicts in house of correction in,
Hampshire and Franklin and the Mount Holyoke Railroad Companies, concern
ing time for filing location,
" " " Railroad Corporation, time for construction of road ex
tended, .....
" County, altering time for holding terms of court of common pleas for
" " " " " meeting of county commissioners in,
" Flax and Hemp Company, incorporated,
" Manufacturers Bank, in Ware, capital stock increased,
Hancock Free Bridge Corporation, established,
" " " to repair avenues and bridges,
743
447
722
230
832
228
246
17
385
203
389
222
445
664
131
150
719
650
95
671
INDEX.
XXV
Hancock, town of, allowance for support of Slate paupers,
Hanover Branch Railroad Company, incorporated, ....
" " " " time for filing location of road extended, .
Harbor of Boston, appropriation for survey of, ... .
" " " commissioners concerning', to define lines beyond which no
wharves shall be constructed, ascertain if obstraclions
are forming, &c., ....
" " " concerning flats in, ... .
« " " " lines in, ... .
" " " " trespasses in, .
*' *' " district attorneys to prosecute for encroachments into,
" " " providing for appointment of commissioners to examine
flats in, .....
" " " jurisdiction over certain islands in, ceded to the United
States, ......
" " " in addition to act establishing regulations concerning,
" *' " regulations established concerning,
" " New Bedford, concerning the survey of, .
" " Provincetown, pilotage in, regulated,
Harbors of New Bedford and Fairhaven, lines of channel established in, &c.,
Hardwick Steam Mill Company, incorporated,
" town of, allowed for support of State paupers,
" " " to be paid proportion of income of school fund,
Harrington, Abijah, pension to, .... .
" Adam, executor, to convey real estate,
" Jonathan, pension to, .
Harrison Avenue Congregational Society, in Boston, to borrow money,
Harry's Creek, bridge to be constructed across,
Hartford and Springfield, and the Hartford and New Haven Railroad Corpora
tions, name of united corporation established.
Harvard Branch Railroad, established, ....
Harvard College, providing for payment of annuity heretofore payable by pro
prieiors of Charles River Bridge to, ... .
Harwich and Brewster, dividing line between, changed,
" " Dennis, to lay out a highway and build bridges in, .
Haskell, John C, and George Randall, to extend a wharf in Boston, .
Hatfield and Williamsburg, dividing line between, established,
Hathaway, Edmund D., and Guilford, to build a wharf in Freetown,
" " " " " " plant oysters in Assonet River,
Haverhill, repeal of act to prevent destruction of fish in,
" Foundry and Machine Shop, incorporated, .
" Health Insurance Company, incorporated, .
Hawkers and Pedlers, concerning, .....
Hay, providing for inspection of, .... .
Health, board of, in Boston, repeal of provision that the city council perform the
duties of, .
" Insurance Company, Essex, incorporated,
" " " Haverhill, incorporated, .
D
ige 822
128
466
515
XXVI
INDEX.
Health Insurance Company, Lowell, incorporated,
" « " Massachusetts, incorporated,
«< " « Newburyport, incorporated,
« « " Norfolk County, incorporated,
" " " Ocean Mutual, incorporated,
" " " United States, incorporated,
" " " Worcester, incorporated,
Hecktor, John, trustee of Grafton Indians to allot real estate to,
Henshaw, Samuel, and John M. Forbes, trustees, to borrow money and mortgage
real estate, .
" " " " " " to extend a wharf in Boston, .
Herring Fishery, in Falmouth, regulated, ....
" " " Tisbury, regulated, ....
" Pond Plantation, treasurer of, allowance for support of a State pauper,
High Street Church in Lowell, proprietors incorporated,
Highway in Dennis and Yarmouth, to lay out, ....
" in Harwich and Dennis, to lay out, .
" in Ipswich, to lay out, .....
" and bridge across Frost Fish Creek and Wading Place Creek, to lay
out and construct,
" " " " Scorton Creek, to lay out and construct.
Highways, proceedings of county commissioners in relation to railroad crossings
relating to, ..... .
" relating to repairs of, .... .
Hill, Jonathan, and Joseph P. Johnson, to build a wharf in Provincetown,
HiLLiARD, Stephen, to extend a wharf in Provincetown, .
Hinckley, Allen, to build wharves in Truro, ....
HiNGHAM Mutual Fire Insurance Company, incorporation continued,
" Wharf and Land Company, incorporated,
" " " " " to extend a wharf,
Hinsdale Academy, incorporated, .....
HiTCH, Obed F., and Mary G., and Joseph Buswell, on petition of,
Hitchcock, Daniel, name changed, . .
Holland Manufacturing Company, incorporated, . ^.
Holmes Mills, incorporated, . . .
" William G., and Daniel D. Kelley, to extend a wharf in Boston,
Holyoke Bank, established in Northampton, ....
*' Mutual Fire insurance Company, to insure risks in certain states.
Home, New Bedford Orphans, concerning, . .
Homer, Benjamin P., executor of the will of, conveyance of real estate made valid,
" " " " " " " " to execute and deliver deeds of real
estate,
" Mary J., guardian of, to sell minor's interest in land,
HopriN, John, to extend a wharf in Boston, . " .
Horse-racing, to suppress, ....
Horticultural Society, Hampden County, incorporated,
" " New Bedford, incorporated, .
" " Worcester county, to hold real and personal estate,
Hospital, State Lunatic, trustees allowed for support of paupers.
INDEX.
XXVll
Hospital, Stale Lunatic, trustees to provide accommodation for furiously insane
patients, ......... Page 518
HousATONic Agricultural Society, incorporated,
House Company, Boston, incorporated, .
" Lawrence, incorporated,
" Montampet Company incorporated to build,
" for Reformation of Juvenile Offenders in Boston, concerning,
" of Correction and Asylum for Insane Persons in county of Essex, con
cerning, ....
" of Representatives, clerk to offer a reward for recovery of a volume of the
Journal,
" " " Council and Senate, pay of members of,
Houses of Correction, concerning location and erection of,
" " " in relation to the government and management of
" " " providing instruction for prisoners in, .
" " " to be ventilated, prisoners to have weekly baths, &c.,
" " " in addition to act providing for government and man
agement of,
" " " to provide for government and management of
Howard Fire Insurance Company, incorporated,
Hubbard, Samuel, allowance to widow of,
HuBBARDSTON Steam Power Company, incorporated,
Hyannis Packet Insurance Company, incorporated,
Hydraulic Company, Monterey, incorporated, .
602
736
809
815
439
103
506
226, 519, 834
770
762
610
809
402
7
599
823
401
643
727
I.
Idiocy, relating to commissioners on,
Idiots, allowance for training and teaching,
Indian Orchard Canal Company, to manufacture cotton and wool, and increase
capital stock, .......
Indian Tribes and others, concerning removal of guardians and treasurers of,
Indians in this Commonwealth, providing for appointment of commissioners con
cerning, ......
" Chappequiddic and Christiantown, allowance to guardian of,
" Dudley, allowance to guardian of,
" " allowance to Daniel Davis for care of,
" - Fall River, allowance to guardian of, .
" Marshpee, allowance to guardian of,
" Punkapog, allowance to guardian of,
Indigent Children, concerning returns of,
Ingalls, William, and others, on petition of,
Injuries to personal property, to punish.
Injurious Publications, to suppress.
Insane Persons, asylum for, and house of correction in county of Essex, concerning.
" " confined in jail for debt, removal provided for, .
Insolvency and bankruptcy, relating to costs in cases of,
Insolvent Debtors, in addition to acts for relief of,
239, 532
835
642
144
841
512, 826
835
826
826
825
825
740
832
27
365
103
807
752
785
XXVlll
INDEX.
Insolvent Debtors, for the relief of, and the more equal distribution of their effects,
" estates, concerning actions against assignees of.
Inspection of hay, providing for,
" " lime, concerning,
*' " pickled fish, regulating, .
Inspectors of prisons, to make annual returns, .
Institute, Essex, incorporated,
" Massachusetts Agricultural, established,
Institutes, Teachers, established,
" " providing for holding.
Institution for Savings, Berkshire county, in Pittsfield, incorporated,
" « " Bristol county, in Taunton, incorporated,
« " " Cape Ann, in Gloucester, incorporated,
«' « " concerning annual returns to the secretary of the Com
monwealth,
« " " concerning publication of yearly abstract of returns of,
" *' " East Boston, incorporated, .
" « " Essex, in Methuen, incorporated,
« " " Fall River, incorporation continued,
« " " Fitchburg, incorporated,
" " " Framingham, established,
" " " Lynn, incorporation continued,
" " " North Adams, incorporated,
« " " Plymouth, incorporation continued, and name changed
" " " Sandwich, incorporated,
" " " Southbridge, incorporated, . . .'
" " " Wareham, incorporated,
" of slavery and the Mexican war, concerning.
Institutions for savings and banks under settlement, to make annual reports,
Instruction of prisoners, providing for, ....
Insurance by foreign corporations, to provide against loss from,
" Company, Agawam Mutual Fire, in Ipswich, incorporated, .
<« " Annisquam Mutual Fire, in Gloucester, incorporated,
« " Bay State Mutual Fire, in Chelsea, incorporated, .
" " Boston, capital stock increased, .
« " Bowditch Mutual Fire, incorporated in Salem,
« " " " " to insure risks in certain states,
" " Chelsea Mutual Fire, incorporated,
" *' Citizens Mutual, in Brighton, incorporated,
" " City Mutual Fire, in Roxbury, incorporated,
" " Coasters Mutual Marine, in Boston, incorporated, .
*' " Cochituate Fire, in Boston, incorporated, .
« " " " time for paying in capital stock extended
•' " Essex County Health, incorporated in Beverly,
" " " Mechanics Mutual Fire, to insure risks in certain
states, .
" " Fall River Marine, incorporated, .
" • " Fitchburg Mutual Fire, incorporated.
Page 119
742
465
162
121
610
^ 600
737
61
603
4
33
154
INDEX.
XXIX
Insurance Company, Globe Mutual, time for paying in capital stock extended
" " Gloucester Marine, incorporated,
" " " Mutual Fishing, incorporated,
" " Haverhill Health, incorporated, .
" " Hingham Mutual Fire, incorporation continued,
" " Holyoke Mutual Fire, to insure risks in certain states,
" " Howard Fire, in Lowell, incorporated,
" " Hyannis Packet, incorporated,
" " Lawrence Mutual Fire, in Methuen, incorporated,
" " Long Pond Mutual Fire, in Boston, incorporated, .
" " Lowell Health, incorporated,
" " " Mutual Fire, to divide insured property into two
classes, ....
" " " Traders and Mechanics Mutual Fire, incorporated
" " Marblehead Mutual Fire, incorporated,
" " Massachusetts Fire and Marine, charter repealed, and time
for closing concerns extended,
" " Massachusetts Health, in Boston, incorporated,
" " Maverick Mutual Fire, in Boston, incorporated,
" " Mechanics and Farmers Mutual Fire, in Stockbridge, in
corporated, .....
*' " Merchants and Farmers Mutual Fire, in Worcester, incor
porated, ....
" " " Mutual Marine, in Nantucket, incorporated,
" " Middlesex Mutual Fire, incorporation continued, .
" " Mutual Fire Assurance, of Springfield, incorporation con
tinned and name changed,
" " Newburyport Health, incorporated,
" " Norfolk County Health, incorporated,
" " " Mutual Fire, incorporation continued,
« « " " " to hold real estate, .
" " Ocean Mutual Health, in Gloucester, incorporated,
" " People's Equitable Mutual Fire, in Taunton, incorporated,
" *' " Mutual Fire, in Worcester, incorporated,
" " Quincy Mutual Fire, incorporated,
" " Real Estate Mutual Fire, in Boston, incorporated,
" " Roxbury Mutual Fire, incorporation continued,
*' " • Safety, in Boston, incorporated, .
" " State Mutual Life Assurance, investment of funds by, con
cerninsr, .....
" " Tanners Mutual, in Boston, incorporated,
*' " " " name changed, property insured to be d
vided into two classes, &.C., .
" " Traders Fire and Marine, of Boston, incorporated,
" " " " " " lime for paying in capital stock
extended, . .
" " Worcester Health, incorporated, .
" " " Mutual Fire, incorporation continued, .
Page 78
340
335
780
377
487
599
643
356
767
481
XXX
INDEX.
Insurance Company, Union, secretary of, penalty for not makinor return remitted
" " United States Health, incorporated,
" Companies, Mutual Life, concerninnr distribution of profits of,
" " Mutual Marine, members to testify in cases where com
pany is interested,
" on lives, relating to, ....
Intelligence Offices regulated, ....
Interest on certain judgments, relating to, .
Intestate Estates, administration granted on property coming to light after
twenty years, in certain cases, ....
Ipswich, part of, set off to Boxford, ....
" town of, allowance for support of small pox patients, .
" " " to lay out a highway and build a' bridge in.
Island of Nantucket, concerning common and uninclosed lands in.
Islands, George's, Lovell's, and Governor's, jurisdiction over them ceded to the
United States, ........
Page 221
7!»3
40
C47
4<;o
759
3t»9
702
40
820
686
375, 445
J.
Jackson, Ward, heirs of, to extend a wharf in Boston,
Jail, providing for removal of insane debtors from.
Jails, keepers of, compensation regulated, &c.,
«' " " relating to allowances to,
" providing instruction for prisoners in,
Johnson, Joseph P., and Jonathan Hill, to build a wharf in Provincetown,
" Timothy P., to extend a wharf in Provincetown,
Joint Stock Companies, concerning recording officers of, and transfer of
shares in, .
Jones, Henry P., deceased, William and Hannah Roach to inherit estate of,
Josseltn, Emeline, trustee of, to mortgage real estate, .
Journal of the House, reward offered for the recovery of a volume of, .
Joy, Hannah, executrix, sales and conveyances of real estate, &.C., ratified an
confirmed, .......
Judgments, interest on certain, relating to, .
Judicial Officers, concerning the tenure of, .
Jurisdiction over a ledge of rocks lying off Cuttyhunk, and over a lot of land i
Fairhaven, ceded to the United States,
" " certain marsh lands in Chelsea ceded to the United States,
" " " lands. Governor to inquire into purposes of an act cedin
to the United States,
" " Minot's Rock or Ledge ceded to the United States,
Jurors before a sheriff, fees established.
Justices of court of common pleas, salaries established,
" of supreme judicial court, number increased to five,
" of the peace, concerning the continuance of civil actions before,
Juvenile Offenders in Boston, concerning house for reformation and employ-
ment of, .
126, 318
807
7(;2
402
010
3!»0
-139
377
512
505
500
524
399
487
454
094
838
378
7(:0
191
003
707
439
INDEX.
XXXI
K.
Kellogg, Eleazer, administrator, to sell and convey real estate, .
Kelly, Daniel D., and William G. Holmes, to extend a wharf in Boston,
Kempto.v, Thomas, allowance to, .
Kendall, John, trustee, to sell real estate,
Keves, Trueworthy, executor, to file alfidavit and copy of notice,
Kidder, William, pension allowed to, .
Kirk Street Church kn Lowell, proprietors incorporated,
KiRKHAM, John 15., coroner, allowance for burying a foreigner, . -
Knowlton, William II., administrator, to sell real estate.
Page 207, 520
719
533
235
830
202
34
205
234
L.
Ladd, John S., administrator, to file affidavit and copy of notice,
Lake Rock Granite Company, incorporated,
Lamson, Benjamin, to extend wharves in Boston,
" " and William Feitypkce, to extend a wharf in Boston
Lancaster Academy, established, ....
" and Sterling Branch Railroad Company, incorporated,
" " " " " " time for location of branch
road extended,
" Bank, capital stock increased, . .
" Mills, capital stock increased, .
" Quilt Company, incorporated,
Land Agent, concerning accounts of, . . . . . 205,
" " designating fund for payment of salary of,
" " to cancel obligations signed by Pillsbury and others,
" " to release Commonwealth's title to land to John L. Roberts
" " to sell lands, ...... 204,
" " to suspend granting permits to cut down timber on public lands,
" Company, Hingham Wharf and, incorporated,
" damages, railroad, relating to, .
•' for schoolhouses, towns authorized to take.
Landing Places in Westport, public and town, regulating.
Lands in the Island of Nantucket, concerning, .
Larceny by bank officers and persons employed in banks, to punish,
Lawrence Aqueduct Company, incorporated, •
" House, incorporated, ....
" Mutual Fire Insurance Company, incorporated,
" town of, incorporated, ....
" " " fire department established in,
" " " police court established in, .
Laws and Resolves, general, providing for promulgation of,
" By-, concerning prosecutions for violations of,
*' special, providing for publication of, .
Leasehold Estates, relating to, .
504
414
124, 318
394
401
163
478
399
3G7
602
535, 828
149
220
210
210, 518
241
377
418
734
G96
375, 445
122
814
809
356
426
789
745
537
31
539
484
XXXll
INDEX.
Lee Academy, incorporated,
" Bank, forfeiture refunded, .
" Joseph, allowance to.
Legislature, pay of chaplains of, . . . . . 228,
" " " clerks of, ..... 236,
" " " doorkeepers, messengers, and pages of, . . 227,
" " " members of, .... . 226,
Leicester Water Power Company, incorporated,
Leighton, Charles, guardian, to procure a re-conveyance of land, buildings, &.c
Lesux Iron Works, incorporated.
Library Association, Franklin, incorporated, .
" of the State prison, annual appropriation for,
" " " " " appropriation of ;^100, for purchase of books,
Library, public, in Boston, established,
•' State, to provide accommodations for,
" Roxbury Social, proprietors authorized to vote by proxy,
Licenses for erection of furnaces for manufacture of glass, concerning,
Lien on ships and vessels, established, .....
Life Assurance Company, State Mutual, investment of funds by, concerning,
" Insurance Companies, Mutual, concerning distribution of profits of,
" " relating to, .
Lime, concerning inspection of, ...
Limits of towns on Taunton Great River defined,
Lincoln, John W., sheriff, allowance for removing prisoners,
Line, boundary, between Brewster and Harwich, changed,
" " " Bridgewater and East Bridgewater, established
" " " Hatfield and Williamsburg, established,
" " " Lunenburg and Shirley, established, .
" " " Massachusetts and Rhode Island, concerning,
" " " Mount Washington and Boston Corner, established,
" " " Weymouth and Abington, established,
" " " Williamsburg and Whately, concerning,
Lines in Boston Harbor, concerning, . .
Literary Exchanges, Vattemare, appropriation for, .
Livermore, Isaac, on petition of, ... .
Location of railroads by county commissioners, repeal of provision for,
Locke, Stephen, and John Wheeler, to extend a wharf, .
Lombard, Ammi C, to build wharves in Boston,
Long Beach, in Lynn, to prevent removal of gravel from,
" Pond Mutual Fire Insurance Company^ in Boston, incorporated,
Loss from insurance by foreign corporations, to provide against,
Lothrop, George W., guardian, to borrow money,
Lovejoy, William R., and others, to extend a wharf in Boston, .
LovELL, Josiah G., and George W. Drown, to extend a wharf in Boston
Low, Frederick G., and others, to extend a wharf in Gloucester,
" John v., in favor of, .
Lowell Academy, established, ....
" and Andover Railroad Company, established, .
Page 340
505
535
519, 838
532, 833
527, 831
519, 834
23
530
605
475
509
206
636
225
440
60
770
90
40
466
162
429
211
707
91
86
35, 708
521, 839
363
391
842
498
204, 518
508
60
35, 318
729
710
767
490
535
314
731
339
238
139
104
INDEX.
XXXlll
Lowell and Andover Railroad Company, name changed, . . . Page 604
" Bleachery, capital stock increased, ..... 342
" Chemical Company, incorporated, ..... 341
" city of, allowance for support of paupers, .... 835
" " " charter amended, ...... 18
" " " in addition to act establishing, ..... 364
" Gas Company, incorporated, ...... 19
" Health Insurance Company, incorporated, .... 481
" Machine Shop, capital stock increased, .... 599
" Manufacturing Company, and others, to extend a wharf in Boston, . 367
" " " capital stock increased, ... 8
" " Corporations in, to own and improve water power, . 23
" Mutual Fire Insurance Company, to divide insured property into two
classes, ........ 678
" Police Court in, compensation of Justice regulated, &c., . . 815
" Railroad Corporation, Boston, and, to construct branches, increase capital
stock, &c., ........ 420, 474
" Traders and Mechanics Mutual Fire Insurance Company, incorporated, 673
Ludlow, town of, allowance for support of lunatic State paupers, . . 217, 511
Lumber, &.C., in New Bedford, concerning the survey of, . . , 729
Lunatic Hospital, State, trustees allowed for support of paupers, . . 821
" " " " to provide accommodations for furiously insane
patients, ..... 5]8
« State paupers, allowance for support of, 217, 221, 222, 511, 512, 527, 821, 833
Lunenburg and Shirley, boundary line between, established, . . . 35, 708
Luther, Benjamin, and John Boyce, to plant oysters in Assonet River, . . 394
Lyceum, South Boston, to hold additional estate, .... 33
Lynn Institution for Savings, incorporation continued without limitation, . 49
" Long Beach in, penalty for removal of gravel, &c., from, . . . 710
M.
Machinists Bank, in Taunton, incorporated, .
Magazine Street, in Cambridge, concerning,
Magnetic Telegraph, Electro, proprietors incorporated,
Magoun, James W., and another, to build a wharf in Truro,
Mahaiwe Bank, in Great Barrington, established,
Malden Canal Company, established, .
" Company, incorporated,
" Steam Mills, incorporated,
Malicious injuries to personal property, wilful and, to punish,
Manomet Iron Company, incorporated, .
Manufacturing Corporation, Acushnet Iron Foundry, incorporated,
" " Agawam, incorporated,
" " " Canal, capital stock increased
" " " to manufacture cotton and woolen
Alger Iron and Steel, incorporated,
413
209
140
644
432
156
769
157
27
312
501
77
610
317
78
XXXIV
INDEX.
Manufacturing Corporation, American Machine Works, incorporatetl,
" " Marble Statuary, incorporated,
" " Nail, incorporated, .
" " Net and Twine, incorporated,
" " Patent Sail, incorporated,
" Ames, capital stock increased, .
" Amherst, incorporated,
" Ashby Steam, incorporated,
" Ashland, incorporated, .
" Atlantic Cotton Mills, incorporated,
" Ballard Vale Machine Shop, capital stock in
creased,
" " " " " incorporated,
" Barton, incorporated, .
*' Bay State Mills, capital stock increased,
" " " " incorporated, .
" Beaman, capital stock increased, .
" Bensonville, incorporated,
" Berkshire, to manufacture flour and meal,
" " Glass, incorporated,
" *' Marble, incorporated,
" Bliss, incorporated, . . .
" Bond Village, incorporated,
" Boston and Chelsea Iron and Screw, incorporate
" " " " Paper, incorporated,
" " *' New Bedford Oil, incorporated,
" " Belting, name of Goodyear Manufactur
ing Company changed to,
" " Locomotive Works, incorporated,
" " Oil, incorporated,
" " South Steam Cotton Mill, incorporated,
" " Steam Flour Mill, to extend a wharf,
" " " " " to hold additional real
estate,
" Bradford Flax, incorporated,
" Braintree Cotton, incorporated,
" Bridge water Iron, capital stock increased,
" Briggs Iron, incorporated,
" Cape Ann Steam Cotton, incorporated,
" Carew, incorporated, .
" Charles River Woolen, incorporated, .
" Charlestown Gas, incorporated,
** " Lead, incorporated,
" Cheshire Iron Works, incorporated,
" Clinton Company, capital stock increased,
" Clintonville Machine Shop, incorporated,
" Coldspring Iron Works, incorporated, .
" Conant, incorporated, . . .
Page 641
409
143
721
452
7
10
400
124
5
INDEX.
XXXV
of
MANCFACTrRi.NG CORPORATION, Concord Steam Mill, incorporated,
" «' Dane, incorporated,
<< " " Davenport Car, incorporated, .
" " Dean Cotton and Machine, incorporated,
<t " Dedham Lead, incorporated, .
i« «' E. Carver, incorporated,
" " East Boston, incorporated,
«t " East Boston Iron and Gas Company, name
Massachusetts Solar, &c., changed to,
«« *-' East Florida Serpentine, incorporated, .
«' " Eliot Mills, incorporated,
"• " Essex, capital stock increased, &c.,
n It a to hold property in New Hampshire anc
impede the navigation of the Merri
mack River a further period, .
" « " and Eagle River Copper, incorporated
j« «« " Suiar Refinery, incorporated, .
«« " Fall River Print Works, incorporated, .
" " Faneiiil Iron, incorporated,
" " Fitchburg Iron, incorporated, .
" " Forest River Lead, incorporated,
" " Foster Mills, incorporated,
«« " Fulton Hardware, location changed,
" " Glasgow, incorporated,
" " Glendale Woolen, incorporated,
" " Glendon Rolling Mill, incorporated,
«' " " Globe Steam Mills, capital stock increased,
" «» Goodman Paper, incorporated, .
«' " Goodyear, name changed,
• « «' Gosnold Mills, incorporated,
'« " Granite Steam Mill, incorporated,
'« . " Grey lock Iron Works, incorporated,
'« " Hadley Falls, incorporated,
c« " Hamilton Woolen, capital stock increased,
«« " Hampshire Flax and Hemp, incorporated,
«' " Hardwick Steam Mill, incorporated,
u «< Haverhill Foundry and Machine Shop, incorpo
rated, . . . •
«« " Holland, incorporated,
«' " Holmes Mills, incorporated,
«< " Hubbardston Steam Power, incorporated,
" «« in Lowell, to own and improve water power,
a " Indian Orchard Canal, to manufacture cotton
and wool, and capital stock increased,
" «' Lake Rock Granite, incorporated,
" " Lancaster Mills, capital stock increased,
" «« " Quilt, incorporated, .
" " Lenox Iron Works, incorporated,
Paoe
XXXVl
INDEX.
Manufacturing Corporation, Lowell, and others, to extend wharf in Boston, Page 367
« " " capital stock increased, . . 8
« « " Bleachery, capital stock increased, . 342
« « " Chemical, incorporated, . . 341
« « " Gas, incorporated, . . . 19
« « " Machine Shop, capital stock increased, 599
« " Maiden, incorporated, . . . . 769
« «« " Steam Mills, incorporated, . . 157
«« " Manomet Iron, incorporated, . . . 312
" " Marblehead Cordage, incorporated, . . 312
« " Marlborough Steam Mill, incorporated, . 379
« " Massachusetts Cotton Mills, capital stock in-
creased, ... 23
« " " Iron, incorporated, . . 342
« " " Solar Gas and Foundry, incorpo-
rated, 319
« « « '< « « « name
changed, 631
" " " Steam Engine, incorporated, . 38G
" " Massasoit Smelting, incorporated, . . 720
" " Merrimack Machine, incorporated, . . 744
" " " Steam Navigation, incorporated, . 336
" " Methuen Bleaching and Dyeing, incorporated, 44
« « " " " " to change loca-
tion of works, 155
« " Middlesex, capital stock increased, . . 605
« " " Iron, incorporated, . . . 123
" " Milk Row Bleachery, name changed, . . 667
" " Millville, incorporated, . . . 104
" " Monterey Iron, incorporated, . . . 428
" " Mount Washington Iron, incorporated, . 374
" " Mystic, incorporated, .... 439
" " Naukeag, incorporated, . . . 449
" " Naumkeag Steam Cotton, capital slock increased, 4
" " Neponset Cotton Factory, incorporated, . 680
" " Neptune Steam Mills, incorporated, . . 87
" " New Bedford Cordage, incorporated, . . 3
« « " » Linseed Oil, incorporated, . 713
" " " " Steam Mill, incorporated, . 6
" " New England Car, incorporated, . . 609
" « " " Chemical Laboratory, incorporated, 333
" " " " Cordage, incorporated, . . 11
" " Newbury Spring Bleaching, incorporated, . 42
" " Newburyport Screw, incorporated, . . 82
" " Newton Factories, treasurer to convey property
to David Ellis, .... 209
" " North Adams Iron, incorporated, . . 311
" " " " Marble and Lime, incorporated, . 606
INDEX.
xxxvu
Manufactdring Corporation, North Chelmsford Machine Shop, incorporated,
" " Northampton Woolen, capital stock increased,
« " Old Town, incorporated,
" " Ontonagon Copper, incorporated,
" " Pawcatuck Paper, incorporated,
" . " Phenix File, incorporated,
" •' Pickman, incorporated,
" " Pitchavvam, incorporated,
" " Plymouth Mills, incorporated, .
" " Polishing Brick, incorporated, .
" " Powow River Mills, incorporated,
" " Quaboag, incorporated,
■ " " Rockport Steam Cotton Mills, incorporated,
" " Salem Gas Light, incorporated,
" " " Laboratory, to divide capital stock into
shares, . .
" " Samoset Steam Mills, incorporated,
" " Saunders Cotton Mills, incorporated, .
" " Shaw, incorporated,
" " Shiiley, incorporated, .
" " Somerset Potters Works, incorporated,
" " Somerville Dyeing and Bleaching, name of Milk
Row Bleachery Company, changed to,
" " Springfield Car and Engine, incorporated,
" " *' Gas Light, incorporated,
" " " Water Power, incorporated,
" " Stoneham, incorporated,
" " Stockbridge Union, incorporated, .
" • " Suffolk County Mills, incorporated,
" " " Sugar Refinery, incorporated, ,
" " Sylvic Gas Light, incorporated,
" " Taunton Copper, capital stock increased,
" " " Locomotive, incorporated,
" " " Paper, incorporated, .
" " . transfer of shares in, concerning,
" " Tremont Gas Light, incorporated,
" " " Iron, capital stock increased, .
" " Union Mills, incorporated,
" " Unquomonk, incorporated,
" " Walpole Dyeing and Bleaching, incorporated,
" " *' Reservoir, incorporated,
*' « « « jn addition to act of incor
poration,
" " Wamsutta Mills, incorporated,
" " Wanalancet Iron and Tube, incorporated,
" " Ward, incorporated, . .
" " Wareham Cotton Mill, incorporated, .
" " Waterford, incorporated.
Page 642
104
8
198
700
77
387
647
124
179
136
340
315
357
XXXVIU
INDEX.
Manufacturing Corporation, Waters Cotton Mills, incorporated, . . Page 457
<' " Watuppa, incorporated, . . . 674
«' " Weir Iron Foundry, incorporated, . . 682
«« « West Acton and Boxborough Steam Mill, incor-
porated, .... 197
« " " Amesbury, incorporated, ., . 703
" " " Boston Iron, incorporated, . . 642
" " Westminster Steam Mill, incorporated, . 400
" " Wilbraham Steam Mill, incorporated, . . 400
" " Wilmington Steam Mill, incorporated, . . 446
" , " Woolen Steam Mill, incorporated, . . 449
Map of railroads, mayor and aldermen of Boston to take impression of, . . 214
" State, concerning alterations in and distribution of, . . . 216
" " furnished to county of Nantucket, ..... 818
" " Law Reports, &c., furnished to new towns, . . . . 824,841
" " providing for correction of, . . . . . . 165
" " Secretary to contract for publication and sale of, . . . 532
Marblehead and Lynn Branch Railroad Company, incorporated, . . 436
" Cordage Company, incorporated, .... 312
" Mutual Fire Insurance Company, incorporated, . • . . 716
Market, Erie, proprietors incorporated, ..... 438
" South, proprietors incorporated, ..... 807
Marlborough Steam Mill Company, incorporated, .... 379
" to pay proportion of state and county taxes to Southborough, . 82
Marriage and divorce, concerning, ...... 134
Married Women, concerning payment of wages and deposites of, . . 139
Marshpee, commissioner of, allowance for constructing bridge over Santuit River, 229
" " " " " support of paupers, . . . 222,512
" Indians, allowance to guardian of, . . . . . 825
Massachusetts Agricultural Institute, established, .... 737
" and Rhode Island, concerning boundary line between, 238, 521, 839
" Charitable Eye and Ear Infirmary, grant to managers of, . 251, 821
" " Mechanics Association, to hold additional estate, . 635
" Cotton Mills, capital stock increased, .... 23
" Fire and Marine Insurance Company, charter repealed, and time
for closing concerns extended, .... 726
" Health Insurance Company, incorporated, . . . 441
" Iron Company, incorporated, ..... 342
" Solar Gas and Foundry Company, incorporated, . . 319
" " " ♦' " " name changed, . . 631
" Steam Engine Company, incorporated, . . . 386
" Teachers' Association, incorporated, .... 143
Massasoit Bank, incorporated, ...... 149
" Smelting Company, incorporated, . • . . . . 720
Master in Chancery in Essex County, additional, appointment authorized, . 763
Maverick Mutual Fire Insurance Company in Boston, incorporated, . . 644
Mat, Ephraim, trustee under the will of, to sell land, .... 220
Mayo, Jeremiah, and others, to build a breakwater and wharves in Brewster, . 728
INDEX.
XXXIX
McNamara, William, administrator of, to file affidavit and copy of notice, . Page 504
Meadow and Fishing Company, Pocha Pond, incorporated, . . . 704
Measures, weights, and balances, concerning standards of, . . . 461, 523
" " " " to be furnished to counties, cities, and towns, 816, 842
Mechanics and Farmers Mutual Fire Insurance Company, incorporated, . 654
" Bank in Worcester, established, ..... 688
" Mutual Aid Society, incorporated, ..... 15
Medford, town of, allowed for support of State paupers, . . . 228
Medical School, Boylston, incorporated, ..... 395
Meetings of banks, annual, concerning, ..... 671
Merchants and Farmers Mutual Fire Insurance Company, incorporated, . 129
" Mutual Marine Insurance Company, incorporated, . . . 607
Merrimack Bank, in Haverhill, capital stock reduced, .... 13
" . Machine Company, incorporated, ..... 744
" River, repealing in part laws regulating fishery in, . . 131
" Steam Navigation Company, incorporated, .... 336
Messenger to Governor and Council, salary established, . . 455
" " " " " assistant, pay of, . . . 227, 519, 831
Messengers, doorkeepers, and pages, pay of, . . . . 227, 527, 831
Metals and Ores, providing for appointment of assayers of, . . . 83
Metcalf, Marcus A., to extend a wharf in Boston, . . . .92, 318
Methodist Episcopal Church in Nantucket, Second, trustees incorporated, . 21
" " Churches, concerning trustees of, ... 501
Methuen Bleaching and Dyeing Company, incorporated, ... 44
" " " " " to change location of works, . 155
Mexican War and the Institution of Slavery, concerning, . . . 541
Middleborough, Fall River Branch and Randolph and Bridgewater Railroad
Corporations, united corporations of, name changed, . 190
" town of, reimbursed for money paid for military services, . 247
Middlesex Bank, further time to close its concerns, . . . . . 313
" County, assistant clerk of courts in, providing for the appointment of, 769
'' " probate court in, establishing additional terms of, . . 716
" Company, capital stock increased, ..... 605
" Iron Company, incorporated, ..... 123
V Mutual Fire Insurance Company, incorporation continued, . . 607
" Turnpike, Nashua and Lowell R. R. Corporation to surrender a por-
tion of, . . . . . . , . 194
Military Accounts, providing for p.ayment of, (see Rolls, pp.253, 543, 852,) 238, 513, 838
" documents of the Revolution, concerning, .... 534
" services, certain towns and persons allowed money for, . 246, 247, 248
Militia bounty, allowed to Danvers, ...... 819
" commissioners concerning, accounts allowed, .... 818
" " " providing for the appointment of, . . 541
" concerning the, ....... 144
Milk Row Bleachery, capital stock increased, and name changed, . . 667
Mill Creek, in Brewster, Benjamin Freeman and others, to straighten and widen, 688
" Dam across Mill Creek in Truro continued, and acts of owners confirmed, 368
" Pond Wharf, in Boston, to extend, ..... 367
xl
INDEX.
MiLLBURY Bank, in addition to act reducing capital stocli, . . . Page 6
" " refunding tax paid by, ..... 229
Miller, Benjamin W., to extend a wharf in Fall River, ... 88
" " « to plant oysters in Taunton Great River, . . 29, 362
" Moses, to extend a wharf in Boston, ..... 744
MiLLViLLE Manufacturing Company, incorporated, . . . . 104
Ministerial Fund in South Parish, in Reading, repeal of act establishing, . 338
Minot's Rock, or Ledge, jurisdiction ceded to the United States, . . 378
Miscellaneous Accounts, providing for payment of, (see Rolls, pp. 264 to 272,
547, 552, 563, 564, 851 to 858,) .... 201,250,540,838
MoNsoN, Adjutant General to sell land and gunhouse in, . . . 201
Montampet Company, incorporated, ...... 815
Monterey Hydraulic Company, incorporated, ..... 727
" Iron Company, incorporated, ..... 428
" town of, concerning registry of deeds in, . . . . ■ GOO
" *' " incorporated, . • . . . . 411
Moorings, Neri Chase, Jr. authorized to place, .... 677
Morse, Almond, trustee under will of, to sell real estate, . . . 207
Mortgages held by the Commonwealth, concerning discharge of, . . 431
Mount Holyoke and Hampshire and Franklin Railroad Companies, concern-
ing time for filing location,
" " Railroad Company, incorporated,
" Washington and Boston Corner, boundary line between established,
" " Iron Company, incorporated,
Mutual Aid Society, Mechanics, incorporated,
" Fire Assurance Company of Springfield, incorporation continued am
name changed, ......
" Fire Insurance Company, Annisquam, incorporated in Gloucester,
" " " •' Bay State, incorporated in Chelsea, .
" " " " Bowditch, incorporated in Salem,
*' " " " " to insure risks in certain States,
" " " *' Chelsea, incorporated,
" " " " City, incorporated, in Roxbury,
" " " " Essex Mechanics, to insure risks in certain
States, ....
" " " '* Fitchburg, incorporated,
" " " " Hingham, incorporation continued,
" *' " " Holyoke, to insure risks in certain States,
" " " " Lawrence, incorporated in Methucn, .
" " " " Lowell, to divide insured property into two
classes, &c., . . . 678
" " " " " Traders and Mechanics, incorporated, 673
" " " " " Mechanics and Farmers, incorporated, 654
" " " " Marblehead, incorporated, ... 716
" " " " Maverick, incorporated in Boston, . . 644
" " " " Merchants and Farmers, in Worcester, incor-
porated, . . . . . 129
" " " Middlesex, incorporation continued, . . 607
INDEX.
xli
Mutual Fire Insurance Company, Norfolk, incorporation continued,
" " «« " " to hold real estate, .
«« " « " People's, incorporated in Worcester,
«« « " " " Equitable, incorporated in Taunton
«« " " " Quincy, incorporated,
«« " « " Real Estate, in Boston, incorporated,
" " " " Roxbury, incorporation continued, .
" " " " Worcester, incorporation continued,
" Fishing Insurance Company, Gloucester, incorporated,
" Health Insurance Company, Ocean, incorporated,
" Insurance Company, Agawam, in Ipswich, incorporated,
" " " Citizens, in Brighton, incorporated,
" " " Globe, time for paying in the capital stock extended
" " " Tanners, in Boston, incorporated,
" " " " name changed, insured property lo be d
vided into two classes, &c.,
" Life Assurance Company, State, investment of funds of, concerning,
" " Insurance Companies, concerning distribution of profits of,
" Marine Insurance Company, Coasters, incorporated in Boston, ,
" " " " Merchants, incorporated, .
<' " " Companies, members to testify in cases where compa
ny is interested, ....
Mystic Manufacturing Company, incorporated,
" River, additional appropriations for survey of, .
" " Governor to appoint commissioners concerning survey of,
" *' railroad bridges across, penalty for using them to lay vessels across
the stream, .......
Page 452
109
381
644
411
15
635
361
335
656
16
43
78
317
796
90
40
398
607
647
439
230,514
246
810
N.
Name of Joseph Coy Chickering, that of Coy resumed,
Names of sundry persons changed, ....
Nantucket, county of, furnished with State Maps,
'* " " Secretary to furnish books to, .
" Island of, concerning common and uninclosed lands in,
" pilotage in, regulated, ....
" Steamboat Company, to hold additional real estate,
" town of, allowance for support of paupers, .
Nashua and Lowell Railroad Corporation, to construct a branch, &c.,
« " " " " to surrender a portion of the
sex turnpike,
Naukeag Manufacturing Company, incorporated,
Naumkeag Steam Cotton Company, capital stock increased.
Navigation Company, Pentucket, incorporated,
Needham, Ezekiel, Commonwealth's title to a farm relinquished to,
Neponset Bridge, regulating rates of toll at, .
" Cotton Factory, incorporated,
" River, to build a bridge acroes,
F
740
94, 183, 491, 802
818
509
375, 445
166
710
827
8
194
449
4
741
513
684
680
417
Middle
xlii
INDEX.
Neponset Wharf Company, incorporated, ..... Page G84
Neptune Steam Mills, incorporated, ..... 87
New Bedford and Fairhaven Harbors, lines of channels established, «Sz.c., . 755
" " " Taunton Railroad Corporation, to construct a branch, . 640
• « « « » " " to unite road with Fall River
Railroad, . . 648
« " city of, established, ...... 345
" " " " vote of inhabitants for county commissioners, concerning, 399
" " Cordage Company, incorporated, .... 3
" " Harbor, concerning survey of, . . . . . 504
" " Horticultural Society, incorporated, .... 364
" " Linseed Oil Company, incorporated, .... 713
«' " Orphan's Home, concerning, . . . . . 372
«« " Police Court, concerning, .... 134, 718, 802
" " Steam Mill Company, incorporated, .... 6
•' " survey of harbor of, concerning, .... 233
" " " " lumber, &,c. in, concerning, .... 729
New England Art Union, incorporated, ..... 810
" " Car Company, incorporated, ..... 609
" " Ciiemical Laboratory, incorporated, .... 333
" " Cordage Company, incorporated, . . . . 11
•' " Female Moral Reform Society, incorporated, . . . 100
New London, Willimantic and Palmer Railroad Corporation, incorporated, . 659
Newbury Spring Bleaching Company, incorporated, .... 42
Newburyport, Boston and Haverhill Steamboat Company, incorporated, . 137
" Bridge, in addition to act incorporating the proprietors of, . 171
" " further time allowed to complete the draw in, . . 436
" Health Insurance Company, incorporated, . . . 777
" Railroad Company, established, .... 45
" " " location of road changed, &c., . . 767
" Screw Manufacturing Company, incorporated, ... 82
Newell, William W., guardian, to sell real estate, .... 222
Newton Bank, incorporated, ....... 665
" Edward, administrator of estate of, to sell real estate, . . . 234
" Factories, treasurer to convey property to David Ellis, . . 209
" Willard and others, to amend an act to set off, and their estate, from
Soulhborough, ....... 82
Nichols, Richard, allowance to, for prosecuting a counterfeiter, . . 225
Nickerson, Amasa, and others, to build a wharf in Harwich, . . . 638
" John, to extend a wharf in Provincetown, .... 93
" Seth, to build a wharf in Provincetown, .... 639
" " 2d, to build a wharf in Provincetown, . . . 357
Night-time in criminal prosecutions, time defined, .... 315
Noble, Joseph, and others, to extend a wharf in Boston, . . . 764
Norfolk, Bank of, further time to close its concerns, . . .16, 397, 664
" County, allowance for support of a pauper, .... 833
" " commissioners, penalty for neglect to return map remitted, . 830
" " Health Insurance Company, incorporated, . . . 811
INDEX.
xliii
Norfolk County Railroad Company, incorporated,
" «« " " to increase capital stock under certain cir
cumstances, .
" Mutual Fire Insurance Company, incorporation continued,
« " " « " to hold real estate,
Normal Schools, State, appropriation for support of, .
NoRRis vs. the city of Boston, governor and council to retain counsel in case of.
North Adams Iron Company, incorporated,
" " Marble and Lime Company, incorporated,
" ■ " Savings Bank, incorporated,
" " Water Company, incorporated, .
" Baptist Society in Dorchester, proceedings made valid,
" Bridgewater, fire department established in,
" Chelmsford, Machine Shop, incorporated,
" Chelsea, town of, incorporated, .
" " " <' owners or occupants to take sand or gravel from
beaches in,
" River, relating to alewive fishery in,
" Wharf Corporation, to extend a wharf in Truro,
Northampton Woolen Manufacturing Company, capital stock increased,
NoRTHFiELD Bridge, proprietors incorporated, ....
" " " in addition to act of incorporation,
Norton, Isaac I., administrator, to execute deed of real estate in Otis,
" town of, reimbursed for money paid for military services,
Norwich and Worcester Railroad Company, capital stock increased, .
Notes, Samuel M., allowance to, .... •
Nte, Joseph W., and others, to build a wharf in Falmouth,
Paee 472
o.
Oakham, town of, to be paid proportion of income of school fund.
Oaths, officers to administer in certain cases, ....
Obstructions in streets of cities, &c., to prevent.
Ocean Mutual Health Insurance Company, incorporated,
Offenders, Juvenile, in Boston, concerning house for reformation and employ
ment of, .
Officers and County Commissioners, relating to returns of,
" " prosecutors, providing a recompense for them in certain cases,
" Judicial, concerning the tenure of, .
" Militia, to supply them with camp equipage, .
" Recording, of joint stock companies, and transfer of shares therein
concerning, .......
" town and city, penalty for neglect of duties concerning elections of
State officers, ......
Offices, Intelligence, regulated, .....
Old Colony Railroad Corporation, to extend road in Boston,
" " " " to increase capital stock,
" " " " to widen road, make branches, &c..
xliv
INDEX.
Old Town Manufacturing Company, incorporated,
Oliver, Francis J., to build a wharf in Boston,
Ontonagon Copper Company, incorporated,
Ores and Metals, providing for tlie appointment of assayers of.
Orphan Asylum, St. Alary's Male, incorporated.
Orphan's Home, New Bedford, concerning,
Overseers of the Poor, to make returns of indigent children,
Oyster Fishery in Taunton Great River, concerning, .
Oysters, concerning the planting of, .
" Thomas J. Allen to plant in Westport River, .
" James S. Chace to plant in Taunton Great River,
" Guilford and Edmund D. Hathaway to plant in Assonet River,
" Benjamin Luther and John Boyce to plant in Assonet River,
" Benjamin W. Miller to plant in Taunton Great River,
" Philip M. Tew and others to plant in Assonet River, .
Page 8
721
198
83
414
372
740
429
685
' 94
30
384
394
29, 362
402
P.
Page, Joshua, executor of the will of, to file affidavit and notice, . . 217
Pages, doorkeepers and messengers, pay of, . . , . 227, 527, 831
Paine, Charles, executor and trustee, to sell real estate, . . . 202
" Frederick William, trustee, to sell real estate, .... 201
" John A., to build a wharf in Truro, ..... 632
" Nathan, to extend a wharf in Wellfleet, .... 94
Palmer, Three Rivers Bridge in, repeal of act concerning, . . . 446
Parish, First, in Dorchester, to sell real estate, .... 32
" " Congregational, in Sandwich, to sell lands, ... 41
" Second, in Dorchester, in addition to act incorporating, . . 78
Parishes, relating to taxation in, ..... . 692
Parker, Ephraim, and John D. Dunbar, to extend a wharf in Boston, . . 382
Parkman, George, to extend a wharf in Boston, .... 129, 318
" Susan, to sell real estate, ...... 222
Partitions of real estate, concerning, . . . . . 410
Passengers, alien, concerning, ...... 796
Patterson, David, and Lysander Ripley, allowance for arrest of a counterfeiter, 229
Pauper Accounts, allowance to commissioners relating to, . . . 532, 533
" " providing for payment of, (see Rolls, pp. 273, 554, 844,) 252, 540, 821
" " State, governor and council to appoint commissioners to ex-
amine, ....... 252
" Charges, State, concerning, ...... 523
Pauperism, Boston Society for the Prevention of, incorporated, . . . 444
Paupers, Alien, allowance for support of, .... . 820, 824
" State, allowance for support of, 228, 512, 527, 820, 821, 822, 825, 833, 835, 840
" State lunatic, allowance for support of, .217, 221, 222, 511, 512, 527, 821, 833
Pawcatuck Paper Manufacturing Company, incorporated, . . . 700
Payment of annuities, relating to, ..... . 792
" " fees into the treasury of the Commonwealth, to secure, . . 491
Peace Society, American, incorporated, . . ... . 607
INDEX.
xlv
Pease, John H., to build a wharf in Edgartown,
Pedlers and hawkers, concerning,
Peirce, Cyrus, appropriation to paj'^ his demand against the Board of Education,
" George, and others, to plant oysters in Assonet River, .
Penniman, Elisha, representatives of, sale of real estate confirmed,
Pension to James Baker,
" " Samuel Bixby,
" " Rebecca Davis,
" " Rebecca Emmes, .
" " Abijah Harrington,
" " Jonathan Harrington,
Pentucket Navigation Company, incorporated,
People's Bank, in Roxbury, capital stock increased,
*' Equitable Mutual Fire Insurance Company, incorporated,
" Mutual Fire Insurance Company, incorporated in Worcester,
" " Insurance Company, name of Tanners changed to, insured prop
erty to be divided into two classes,
Perkins Institution and Massachusetts Asylum for the Blind, appropriation for.
Perry, Benjamin M., executor, to file affidavit and copy of notice,
Personal Property, to punish wilful and malicious injuries to,
Peterborouuh and Shirley Railroad Company, to construct a road to, and enter
upon, the Fitchburg Railroad,
" " " " time for location and construction extended
Phelps, Azor R., executor of will of, to convey real estate,
Phenix File Company, incorporated,
Phillips, Stephen C, to extend a wharf or wharves in Salem,
" Willard, allowance to, . . .
Pickens, John, title to real estate conveyed by John L. Roberts, administrator to,
confirmed, ....
Pickled Fish, regulating inspection of,
Pickman Manufacturing Company, incorporated,
Pi'jEon Beds, for protection of.
Pilgrim Congregational Society, incorporated, .
Pillsbury and others, land agent to give up obligations to,
Pilotage in Nantucket, regulating,
" in addition to an act regulating,
" in Provincetown Harbor, regulating,
Pine Grove Road across Goff's Cove, in Cambridge, extending time for its com
pletion, . . . . •
« " " to be extended across GofF's Cove, in Cambridge,
" " Seminary, in Harwich, proprietors incorporated,
•' Plain, in Springfield, repeal of act incorporating certain lands in, .
PiTCHAWAM Manufacturing Company, incorporated,
PiTTSFiELD and New Haven Railroad Company, incorporated, .
Plans and Profiles of railroads, to accompany petition for incorporation
" " " " " to be placed in Library of the Commonwealth
Plymouth Institution for Savings, incorporation continued and name changed
" Mills, incorporated,
Page 639
167
528
402
536
839
517
204
522
833
835
741
674
644
381
xlvi
INDEX.
PiiTMPTON Branch Railroad Company, incorporated, .... Page 701
" Henry, executor, to sell real estate, ..... 215
PocHA Pond Meadow and Fishing Company, incorporated, . . . 704
Point Bridge Company, in Gloucester, incorporated, .... 391
Poland, Hiram L., allowance to, ..... . 824
Police Court, in Lawrence, established, ..... 745
" " in Lowell, compensation of justices established, &c., . . 815
" « in New Bedford, concerning-, .... 134, 718, 802
Polishing Brick Manufacturing Company, incorporated, . . . 179
Poor Debtors committed on execution for debt, relating to discharge of, . 696
" " concerning, ....... 769
PooRE, Benjamin Perley, to be paid for copies of documents procured in France, 819
Porter, Jacob L., allowance for searching for a fugitive, . . . 538
Portland, Saco and Portsmouth Railroad Company, to contract with the Boston
and Maine, and the Eastern Railroad Companies, .... 359
Postage, concerning reduction of, . . . . . . 841
Potatoes, standard weight per bushel established, .... 316
Potters Works, Somerset, incorporated, . . . ... 334
Power of constables, concerning, ...... 373
Powers of cities and towns, concerning, ..... 409, 479
Pounds, penalties on towns for not maintaining, .... 760
Powow River Mills, incorporated, ...... 136
President and Vice President of the U. S., regulating the election of electors of, 626
Prince, Mary S., guardian of, to sell real estate, .... 242
Prison Book, keepers of jails, &c,, to keep and exhibit, . . . 762
" State, concerning library in, . . . . . . 206, 509
" " salaries of watchmen established, .... 344
" " to be ventilated, ....... 809
" " yard, to erect a bathing^Toom in, . . . . . 206
Prisoners in jails and houses of correction, instruction provided for, . . 610
" to have weekly baths, be furnished with instruction, employment, &c., 809
Prisons, inspectors of, to make annual returns, .... 610
Private and town ways, relating to, ...... 655
" " " " to provide for constructing, .... 150
Probate Court in Essex County, relating to, . . . . . 734
" " in Middlesex County, establishing additional terms of, . . 716
" " in Worcester County, changing place for holding, . . 678, 743
" " Supreme, concerning security for costs in proceedings in, . 161
" Courts in Fitchburg, terms of, in June and December, discontinued, . 86
" Register of, for Barnstable County, salary established, . . 183
" " " " Suffolk County, salary established, ... 197
" Registers of, salary established, . , . , . 450
Proceedings in criminal cases, concerning, ..... 135
Processes issued by courts of the U. S., concerningattachments issued on, , 247
Promulgation of General Laws and Resolves, providing for, . . . 537
Proprietors of Erie Market, incorporated, ..... 438
" " Meeting-House in Hollis Street, in Boston, to convey pews by
deed, . . . . . - . . 127
INDEX.
xlvii
Proprietors of Round Hill Institution, name changed,
" " South Congregational Meeting-House, in Lowell, to assess upon
shares, .....
" " " Market, incorporated, ....
Prosecutions, criminal, time of night-time defined in,
" for violations of by-laws, concerning, .
Prosecutors and officers, providing a recompense for them in certain cases.
Providence and Worcester Railroad Company, concerning,
" " " " " to enter upon the Norwich and
Worcester Railroad and time
for filing location extended, .
" Warren, and Fall River Railroad Company, incorporated,
" " *' " " " " time for locating and con-
structing road extended,
Provincetown Harbor, pilotage in, regulated,
" Marine Railway, incorporated.
Public Administrators, concerning,
" and town landing places in Wesfport, regulating,
" Cemetery in Roxbury, relating to,
" Charities, relating to, .
" Library in Boston, established, .
" Schools, concerning, • . .
" ways, dedication of, concerning,
Publications, injurious, to suppress, .
PuKKAPOG Indian to receive a pension,
" Indians, allowance to guardian of.
Page GIO
450
807
315
31
93
16
319
415
683
398
703
140
696
645
480
636
391, 767
137
365
204
825
Q.
QuABOAG Manufacturing Company, incorporated.
Quarter Master General's Department, appropriation to defray expenses of,
QuiNCY Branch Railroad Company, incorporated,
" Mutual Fire Insurance Company, incorporated,
" Point Railroad Company, incorporated,
QuiNN, Michael, Commonwealth's right to land released to,
340
223, 514
396
411
423
834
Racing, horse, to suppress, ....... 135
Railroad Bridges across Charles and Mystic Rivers, penalty for using them to
lay vessels across the stream, ..... 810
" Commissioners, repeal of act providing for appointment of, . . 130
" Corporation, Adams and Bennington, established, ... 25
" " Agricultural Branch, incorporated, . . . 486
" " Agricultural Branch, time for locating, &c., of road ex-
tended, and to unite with Framingham Branch, . 681
" " Amherst Branch, incorporated, .... 662
" " Annual Reports of, concerning, .... 175
xlviii
INDEX.
Railroad Corporation, Barre and Worcester, incorporated, .
" " «' " " lime for filing location of road ex
tended,
" " Bedford, incorporated,
" «' Berkshire, to extend road,
" " Billerica Branch, incorporated,
«' '< Boston, city of, to construct a railroad from the Provi
dence Railroad to South Bay,
«' " " " " to construct a temporary railroad,
" " »' and Lowell, to construct branch road in Boston
increase capital stock, &c.,
" " " " " to construct branches,
«« " " " Maine and the Eastern, to contract with
the Portland, Saco and Ports-
mouth Railroad Company,
<« " " " " to change location of part of a road,
construct a branch, and capital
stock increased, &.c.,
<' " *' " Providence, capital stock increased, &c.,
" " " " " to construct a branch,
«< " " " " to construct a road, increase
capital stock, &c.,
«' " " " Worcester, capital stock increased,
" " Cape Cod Branch, incorporated,
" " " " " time fur location and completion of
road extended, .
<' " Charlestown Branch and Fitchburg, concerning,
" " Chebacco Branch, incorporated,
" " Chelsea Branch, incorporated,
" " " " name changed, . • .
*' " " " to build a branch, increase capital
stock, enter upon Eastern Railroad,
&c., ....
" " " " to make arrangements with the East-
ern Railroad Company,
" " Cohasset and Scituate Branch, incorporated, .
" " Connecticut River, time for location of road extended,
" " " " to change location of road,
" " " " to extend road,
" " Dorchester and Milton, capital stock increased,
" " " " " incorporated, .
" " Duxbury Branch, incorporated,
" *' Eastern, allowed further time to complete the Draw in
the Newburyport Bridge, .
" " " and the Boston and Maine, to contract with
the Portland, Saco and Portsmouth Railroad
Company, ....
" " " capital stock increased, ...
Page 496
664
181
488
668
468
630
474
420
359
36, 808
11, 700
107
760
125, 743
132
606
12
675
140
475
331
418
463
419
679
195
676
155
403
436
359
705
INDEX. xlix
Railroad Corporation, Eastern, to construct a draw in bridge over Merrimack
River, ...... Page 171
" *• " to extend road into Boston, increase capital
slock, &c., .... 771
" " " to make arrangements with the Chelsea Branch
Railroad Company, . , . 418
" " Essex, incorporated, ..... 38
" " " to construct branches, increase capital stock, &c., 457
" " " to extend road, unite with Boston and Maine, in-
crease capital stock, &c., . . . 748
" " Fall River and New Bedford and Taunton, to unite
roads, ..... 648
" " " " to extend road, and filing of location made
valid, ..... 440
" " '* " Branch, Middleborough, and Randolph and
Bridgewater, united corporation of, name
changed, . . . . 190
" " Fitchburg, to extend road into Boston, . . 433
" " " and Charlestown Branch, concerning, . 12
" " " " Lancaster, and the Sterling Branch,
united corporations to locate and con-
struct branch road in sections, . 478
" " " " Worcester, incorporated, . . 172
" " " " " time for filing location, &c.,
extended, . . 375, 626
" " Framingham Branch, incorporated, . . . 197
" ** " " time for constructing road ex-
tended, . . . 634
" " Grand Junction Railroad and Depot Company, name
of Chelsea Branch Railroad Com-
pany changed to, . . . 475
" " " " to construct a branch road, &c., . 749
" " Granite, to extend, construct branches, sell road, &c., 159
" " Greenfield and Fitchburg, incorporated, . . 753
" " Hampshire and Franklin, and the Mount Holyoke, con-
cerning time for filing loca-
tion, . . . 445
" " " " " time for construction of road
extended, . . 664
" " Hanover Branch, incorporated, . . . 128
" " " " time for filing location extended, . 466
" " Hartford and Springfield, and the Hartford and New
Haven, name of united corporations established, . 464
" " Harvard Branch, established, .... 665
" " Lancaster and Sterling Branch, incorporated, . . 163
" " " " « « time for locating branch
road extended, . 47&
" " Lowell and Andover, established, . . . 104
1
INDEX.
Railroad Corporation, Lowell and Andover, name changed, .
« « Marblehead and Lynn Branch, incorporated, .
« « Middleborough and others, united corporation of, name
changed, .....
" « Mount Holyoke, incorporated,
" " " " and the Hampshire and Franklin, con
cerning time for filing location,
" •' Nashua and Lowell, to construct a branch, &c.,
" " " " " to surrender a portion of the Mid
dlesex turnpike,
" " New Bedford and Taunton, to construct a branch,
« « " " " " to unite road with the Fall
River Railroad,
" " Newburyport, established,
" " " location of road changed, &c., .
" " New London, Willimantic and Palmer, incorporated,
" " Norfolk County, incorporated,
" " " " to increase capital stock under certain
circumstances,
" " Norwich and Worcester, capital stock increased,
" " Old Colony, capital stock increased, .
" " " " to extend road into Boston,
" " " " to widen road, build branches, &c.,
" " Peterborough and Shirley, time for location and con
struction of road extended,
" " " " " to construct a road to, and
enter upon, the Fitchbiirg
Railroad,
" " Pittsfield and New Haven, incorporated,
" " Plympton Branch, incorporated,
" " Portland, Saco and Portsmouth, to contract with the
Boston and Maine, and the Eastern Railroad Com-
panies, ......
" " Providence and Worcester, to enter upon Norwich and
Worcester Railroad, and
time for filing location
extended,
" " " " « concerning,
" " " Warren and Fall River, incorporated,
" " " " " « " time for locating
and constructing
road extended,
" " Quincy Branch, incorporated,
" " " Point, incorporated, .
" " Randolph and Bridgewater, and others, united corpora
tion of, name changed,
" " Salem and Lowell, incorporated,
" " Salisbury and East Kingston, established,
Page 604
436
190
110
445
8
194
640
648
45
767
659
472
762
709
125
366
648
604
91
697
701
359
319
16
415
683
396
422
190
724
714
INDEX.
Railroad Corporation, Salisbury Branch, act of incorporation renewed,
<f «< " " time for grading road extended,
« « Saugus Branch, incorporated,
« « South Reading Branch, established, .
«« " South Shore, incorporated,
« " «' " concerning,
« « «' " time for location and construction of road
extended,
« « Stockbridge and Pittsfield, incorporated,
« «' Stoneham Branch, incorporated,
« « " " time for location extended,
«' " Stony Brook, capital stock increased, .
« <« « " to enter upon Worcester and Nashua, and
the Peterborough and Shirley Railroads,
alter location of road, construct a branch,
&c., . . . . •
« « Taunton and Middleboro', incorporated,
« « Troy and Greenfield, incorporated,
« « Union, incorporated, .....
« « " providing for appointment of a commissioner to
superintend the building of a bridge by,
«« 1' Vermont and Massachusetts, to receive transfer of fran-
chise, &c., of the pro-
prietors of Northfield
bridge,
« « " " " time for filing location of
road extended, &c.,
« *' Walpole, incorporated,
«« «' Waltham and Newton Branch, established,
« « "Watertown Branch, incorporated,
« « " " time for location and completion of
road extended,
« " Weir Branch, incorporated, .
« « Western, authorizing payment of certain notes to,
u « " capital stock increased, &c.,
« «' " concerning the sinking fund of,
« « " to extend a branch from West Brookfield to
Barre, ....
« « Winchendon, location of road changed, &c., .
« « Woburn Branch Extension, incorporated,
«« " Wrentham Branch, established,
«« " " and Foxborough, incorporated,
" from Lake Michigan to the Pacific, concerning the construction of,
" land damages, relating to, .
" plans and profiles, to accompany petition for incorporation,
" « " " to be placed in the Library of the Commonwealth,
" Wharf Company, incorporated, ....
Railroads, concerning location of, by county commissioners, .
Page 126
363
730
712
101
435
703
373
455
689
677
404
691
789
773
775
672
112, 193
157
689
191
447
424
838
478, 7G6
483
160
189
467
761
180
826
418
810
680
633
60
lii
INDEX.
Railroads, concerning their construction at crossings, . .
" crossing highways, relating to, . . .
Railway, Provincetown Marine, incorporated, ....
Rainsford Island, governor and council to ascertain Commonwealth's title to
and release to city of Boston, .....
Randall, George, and John C. Haskell, to extend a wharf in Boston, .
Randolph and Bridgewater and other Railroad Corporations, united corpora
tion of, name changed, .....
" town of, allowed for support of paupers,
Rathbdn, Adaline B., minor, to join in conveyance of real estate,
Read, William C, annual allowance for two years,
Real Estate, concerning partitions of, ....
" " Mutual Fire Insurance Company, in Boston, incorporated,
" " of deceased persons, concerning taxes on estates of,
" " sale of, for non-payment of taxes, regulating,
Recording of executions, relating to, .
" officers of joint stock companies and transfer of shares therein, con
corning, ......
Records, governor to procure originals or copies of missing,
Refinery, Suffolk Sugar, incorporated, ....
Reform School buildings. State, appropriation for completion of, .
" " State, established, .....
" •' " in aid of, .... .
" " " providing for the erection of buildings for,
" " " trustees incorporated for certain purposes.
Reformation of juvenile offenders, in Boston, concerning house for,
Register or Probate for county of Barnstable, salary established,
« " " " « « Suffolk, salary established,
Registers of Deeds, penalty for omission to make returns,
" " Probate, salaries established, ....
Registry or Deeds in Berkshire County, concerning removal of office of,
" " " in Monterey, concerning, ....
Regulations concerning the harbor of Boston, established,
Religious Society, American Unitarian Association, incorporated,
" " Baptist, in Maiden, executor of Thomas Vinton to sail real
estate held in trust for, ....
" " Bixby Donation Farm, trustees incorporated,
" " Catholic Congregational Church and Society in the second
precinct in the town of Rehoboth, name changed,
" " Charles Street Baptist, to sell real estate, .
" " Christian Society in Sharon, to sell real estate,
" " Church in Brattle Square, time changed for annual meeting
of proprietors, .....
" " Congregational Church in Purchase Street, Boston, name
changed,
" « " Society of Tolland, to sell land, .
" " Federal Street Baptist Society in Boston, name changed,
" " First Baptist Church and Society in Stoughton, to sell meet
ing-house and land, . . . ' .
Page 199
477
703
INDEX. liii
Religious Society, First Baptist Church in Lexington, trustees to sell or mort-
gage real estate, ..... Page 379
" " " Congregational Parish in Sandwich, to sell lands, . 41
« '« « Free Will Baptist Society in Charlestown, pastor au-
thorized to convey property to, . . . 823
«« " " Methodist Episcopal Church in East Boston, trustees
incorporated, ..... 29
«* « " Methodist Episcopal Church in Lowell, trustees ap-
pointed and authorized to sell meeting-house, . 179
«* " " Methodist Episcopal Society in Lowell, concerning
payment and distribution of funds received by trus-
tees of, . . . . . . 464
" *' " Parish in Dorchester, to sell real estate, . . 32
" " " Trinitarian Congregational Society in Waltham, to
sell real estate, ..... 531
" " General Convention of the Baptist Denomination in the
United States for Foreign Missions, &c., name changed, 99
" " Globe Village Hall Association, incorporated, . . 175
" *' Harrison Avenue Congregational, in Boston, to borrow money, 37
" " High Street Church in Lowell, proprietors incorporated, . 32
" " Kirk Street Church in Lowell, proprietors incorporated, . 34
" " Ministerial Fund in South Parish, in Reading, repeal of act
establishing, ...... 338
" " North Baptist Society in Dorchester, proceedings made valid, 824
" " Pilgrim Congregational, incorporated, . . . 123
" " Proprietors of Meeting-House in Hollis Street, Boston, to
convey pews by deed, ..... 127
" •' Second Methodist Episcopal Church in Nantucket, trustees
incorporated, ...... 21
" " Second Parish in Dorchester, in addition to act incorporating, 78
" " South Congregational Meeting-House in Lowell, proprietors -
to assess upon shares, ..... 450
371
501
174
376
734
530
475
" •' Third, in Dorchester, to sell real estate,
" " Trustees of Methodist Episcopal Churches, concerning,
" " Union Baptist, in Boston, incorporated,
" Worship, concerninur wilful disturbance of, .
Remedies for collection of taxes, concerning, ....
Repairs in the Senate Chamber, to pay for, ....
" of highways, relating to, . . . . .
«' die, on the State House, allowance for, 206, 225, 231, 233, 236, 246, 505, 511,
530, 533, 822
Report on the criminal law, secretary to distribute copies of, . . . 223
" " trees and shrubs, distribution provided for, . ,
Reservoir Company, Wading River, incorporated,
" " Walpole, incorporated, ....
" " " in addition to act of incorporation.
Returns by auctioneers, and payment of auction duties, relating to,
" " cashiers or clerks, penalty for neglect,
508
100
431
436
480
776
liv
INDEX.
Returns by county commissioners concerning highways, repeal of act requiring, Page 748
" " " " and other officers, relating to, . . 433
" " registers of deeds, penalty for omission, .... 502
Revised Statutes, reports and maps, secretary to purchase, . . . 824, 841
Rhode Island and Massachusetts, concerning boundary line between, . . 238,521
" " " " boundary line between, pay of commissioners,
counsel and witnesses, 836
" " " " " " " providing for appoint-
ment of commission-
ers concerning, &c., 839
Rice, Lewis, to extend wharf in Boston, . . . . . 711
Rich, Eleazer, and others, to build a wharf in Truro, .... 66
Richardson, Joseph, trustee under will of, to sell real estate, . . . 235
Ripley, Lysander, and David Patterson, allowance for arrest of counterfeiters, . 229
Rivers, Charles and Mystic, appropriation for survey of, . . . 230, 514
Roach, William and Hannah, to inherit real estate, .... 512
Road in Braintree, county commissioners to locate, .... 91
" Pine Grove, to be extended across Goff 's Cove in Cambridge, . . 41, 395
Roads, town and county, county commissioners and others to erect stone-bounds
at termini, &c., of, ....... 707
Roberts, John L., administrator, conveyance of real estate confirmed, . . 206
" " " land agent to release Commonwealth's title to land to, . 210
Robinson, Mary A. D., administratrix, to sell real estate, . . . 249
RocKPORT Steam Cotton Mills, incorporated, ..... 315
Rogers, John G., allowance to, ...... 231
Rolls of Accounts, . . 253, 257, 264, 268, 273, 543, 547, 552, 554, 563, 844, 851
610
405
708
50
432, 631
645
687
635
440
530
Round Hill Institution, proprietors of, name changed, .
RowE Street Baptist Society, name of Federal Street Baptist Society changed to
Rowley and Georgetown, concerning support of paupers in,
RoXBURY, city of, established, ......
" " " in addition to act of incorporation,
" " " relating to a public cemetery in, .
" " " regulating storage and transportation of gunpowder in,
" Mutual Fire Insurance Company, incorporation continued, ,
" Social Library, proprietors authorized to vote by proxy,
Russell, John, guardian of, to procure a reconveyance of land, buildings, &c.,
Safety Insurance Company in Boston, incorporated.
Salary of assistant clerk of courts in Middlesex County, established, .
" " certain registers of probate established,
" " clerk in office of adjutant and quarter-master general, established,
" " district attorney for Eastern district, established,
" " " attorneys for Middle and Western districts, established,
" " first clerk in secretary's office, ....
" " " '* " treasurer's office, ....
" " justice and clerk of police court in New Bedford, established,
83
769
450
355
605
195
144
440
718
INDEX.
Iv
Salary of justice and cleik of police court in Lowell, established, . . Page 815
" " justices of court of common pleas, established, . . . 191
" " land agent, designating fund for payment of, ... 149
" " messenger to the governor and council, established, . . . 455
" " register of probate for Bainstablc county, established, . . 183
" " " " » " Suffolk county, established, ... 197
" " watchman and assistant watchmen of the State House, established, . 162
" " watchmen of the State Prison, established, .... 344
Sale of Potatoes, weight per bushel established, .... 316
" " real estate for non-payment of taxes, regulating, . . . 693
Salem and Lowell Railroad Company, incorporated, .... 724
" Charitable Building Association, incorporated, .... 739
" city of, to construct a bridge across South River, . . . 108
" Gas Light Company, incorporated, ..... 357
" Laboratory Company, to divide capital stock into shares, . . 643
Salisbury and East Kingston Railroad Company, established, . . . 714
" Branch Railroad Corporation, act of incorporation revived, . . 126
" " " " time for grading road extended, . 363
Samoset Steam Mills, incorporated, ...... 344
Sanborn, Erastus W., allowance and pension to, ... . 225
Sanderson, Daniel, sale of real estate to, confirmed, . . . . ' 536
Sandwich Savings Bank, incorporated, ..... 696
Santuit River, concerning the construction of a bridge over, . . . 229
Sargent, Hannah S., allowance to, . . . . . . 827
" John, allowance to, . . . . . . . 532
Sacgus Branch Railroad Company, incorporated, .... 730
" River, concerning alewive fishery in, . . . . . 705
" town of, allowance for support of paupers, .... 820
Saunders Cotton Mills, incorporated, ...... 772
Savings Bank, Berkshire County, in Pittsfield, incorporated, ... 4
" " Bristol County, in Taunton, incorporated, . . .33
" " Cape Ann, in Gloucester, incorporated, .... 154
" " East Boston, incorporated, ..... 715
" " Essex, in Methuen, incorporated, .... 369
" " Fall River Institution for Savings, incorporation continued, . 446
" " Fitchburg, incorporated, ..... 13
" " Framingham, established, ..... 46
" " Lynn Institution for Savings, incorporation continued without
limitation, . . . . . . .49
" " North Adams, incorporated, ..... 716
•• " Plymouth Institution for Savings, incorporation continued, and
name changed, ......
" *' Sandwich, incorporated, .....
" " Southbridge, incorporated, .....
" " Wareham, incorporated, .....
" Banks, concerning annual returns to the Secretary of the Commonwealth,
" " " publication of yearly abstract of returns of, .
" InatiLutions and Banks under settlement, to make annual reports,
Ivi
INDEX.
School, Boylston Medical, incorporated, . . . . . Page 395
" committees, compensation to be withheld in certain cases, . . 419
" " concerning duties of, . . . . . 151
" « failing to make returns, compensation to be withheld from, 699
" Eliot, sale of land confirmed on petition of tiustees of, . . 526
" Fund, allowance to certain towns of proportion of income of, 216, 222, 241, 507,
823, 825, 831
« " " to Cyrus Peirce for repairs of State Normal School, at
West Newton,
" " concerning charges to be made upon,
" " " distribution of income of,
" Grammar, in Roxbury, trustees to convey real estate,
" houses, district, relating to, .
" " towns authorized to take land for,
" returns and duties of school committees, concerning,
" State Manual Labor, concerning the erection of,
" " Reform, appropriation for completing buildings of,
" " " established,
" " " in aid of, .
" " " providing for the erection of buildings for,
" " " trustees incorporated for certain purposes,
" Worcester County Manual Labor High, name changed,
" «' " " " " relating to,
Schools, adjacent towns to unite for establishment of, .
" Common, relating to,
" State Normal, annual appropriation for,
Scire Facias, writs of, against trusiees, limited,
ScoRTON Creek, to lay out a highway, and construct a bridge across.
Second Methodist Episcopal Church, in Nantucket, trustees incorporated,
" Parish, in Dorchester, in addition to act incorporating, .
Secretary and Treasurer, to apportion the income of the school fund,
" of the Board of Education, to make up Abstracts of the School Re-
turns, and allowance for the same,
" " Commonwealth, repeal of law requiring him to make out Ab-
stracts of School Returns,
" " " to adopt measures to recover documents sent
to Washington, .
" " " to ascertain and report to the governor con-
cerning missing military documents,
" " " to cause the triangulation of the Common-
wealth to be engraved on the State Map, .
" " " to contract for the publication and sale of the
Map of the Commonwealth,
" " " to distribute blanks for, and prepare and pub-
lish abstracts of, returns of Savings Banks,
" " " to distribute copies of the Report on the
Criminal Law, ....
" " " to forward copies of documents to editors.
528
149
151
829
761
734
419
250
822
405
828
515
789
333
219
764
391, 767
535
20
362
21
78
153
419, 531
419
223
534
216
532
24,43
223
205
INDEX. Ivii
Secretary of the Commonwealth, to forward County Maps to commissioners,
correct plates of State Map, &c., . Page 165
" " " to furnish attested copies of Report relating
to Boston Harbor, &-c., to district attor-
neys, ..... 840
" " " to furnish blanks and make abstracts of re-
turns of indigent children, , . 740
" " " to furnish Fall River with books, . . 509, 827
" " " " " Nantucket with books, . . 509
" " " " " new towns with reports, &c,, . 824, 841
" " " " " State Maps to county of Nantucket, 818
" " " to grant licenses to hawkers and pedlers, . 168, 169
" - " " to keep a record of the returns of insolvent
debtors, ..... 120
" " " to procure and distribute one hundred copies
of the State Map, ... 216
" " " to publish and distribute General Laws and
Resolves, .... 537
" " " to publish annual abstracts of the returns of
agricultural societies, . . . 359
" " " to purchase revoluliunaiy documents, . 534
" " " to receive and transmit school blanks, . 152
" " " to transmit copies of an act concerning agri-
cultural societies to secretaries of the same, 359
Secretary's Office, first clerk in, salary established, . . . . 144
" " providing further accommodations for, . . . 511,533
Security for costs in proceedings in supreme court of probate, concerning, . 161
Seminary, Charlestown Female, trustees to hold real estate, . . , 603
" Pine Grove, in Harwich, proprietors incorporated, . . . 154
Senate, Council and House, pay of members of, . . . 226, 519, 834
" Chamber, to pay for repairs in, . . . . . ' 530
" Clerk of, to print annual report of the Board of Education, . . 531
Sergeant-at-Arms, allowance for repairs in the senate chamber, . . 530
" " " " " " &c., in the State House, . . 505, 822
" " " governor to draw warrants in favor of, to pay for improve-
ments in the senate chamber, .... 246
" " " on petition of, concerning re-arranging seats in representa-
tives' chamber, ...... 200
" " " to affix iron doors to safe rooms, and renew stairs leading to
the cupola, . . . . . . 233
*' " " to cause a room to be built for the accommodation of the li-
brary, ....... 225
" " " to prepare a room under the secretary's office, . . 511
" " " " " committee rooms and a room for the use of the
secretary's office, . • . . 533
" " " to procure new window frames and sashes for the senate
chamber, ...... 236
" " " to purchase an estate in the name of the Commonwealth, . 517
Iviii
INDEX.
Sergeant-at-Arms, to purchase fuel, &c., . . . Pages 226, 519, 831
" " " to repair fence and side walk, .... 231
" " " treasurer to convey to the city of Boston the estate occu-
pied by, ..... . 5J7
Serpentine Company, East Florida, incorporated, .... 14
Setvall, Samuel E., trustee, to sell land, ..... 220
Shares in joint stock companies, concerning transfer of, . . . 377
Shaw Manufacturing Company, incorporated, ..... 668
" Robert G. and Eliza W., to extend a wharf in Boston, . . . 127, 318
" " " " others, to extend wharves in Boston, . . . 121
Shelburne Falls Academy, established, . . . . . 388
Sheltox, Philo S., executor, conveyance of real estate made valid, . . 508
" " " " to execute and deliver deeds of real estate, . 516
Sherman, Nicholas H., to build wharves in Wareham, .... 693
Sheriffs, allowance for distributing general laws, .... 537
" jurors before, fees established, ..... 760
" to furnish instruction and employment to prisoners, . . . 809
" and deputies, to administer oaths in certain cases, . . . 802 '
Ships and vessels, lien established on, . . . . . . 770
Shirley and Lunenburg, boundary line between, established, . . .35, 708
" Manufacturing Company, incorporated, . . . ■ . 321
Shrewsbdrt, town of, allowance for support of paupers, . . . 527
Shumwat, Amos, guardian of Dudley Indians, to repair houses, . . 538
Shutesburt, town of, allowance for support of paupers, . . . 228
Sinking Fund of the Western Railroad, concerning, .... 483
Slavery in the United States, concerning the existence and extension of, . 506
" institution of, and the Mexican War, concerning, . . . 541
Sleeper, Sylvester B., and another, to build a wharf in Truro, . . . 644
Small, Arannah, and Joseph K. Baker, to build a wharf in Dennis, . . 321
" Daniel, to extend a wharf in Provincetown, .... 683
Small-Pox, repeal of certain provisions of law concerning, . . . 671
Smith, Charles, trustee, to join in executing an indenture, . . . 239
" Ralph, trustee under the will of, to sell real estate, . . . 231
Snow, Sylvanus, estate formerly belonging to him set off from Eastham to Well-
fleet, ......... 498
Social Library, Roxbury, proprietors authorized to vote by proxy, . . 440
Societies, agricultural, concerning, ...... 358
" concerning corporations for mutual improvement and the promotion of
education, ....... 49
SocrETY, American Peace, incorporated, ..... 607
" Massachusetts Charitable Mechanics Association, to hold additional
estate, ........
" for the Prevention of Pauperism, Boston, incorporated, .
" Hampden County Horticultural, incorporated, ....
" Mechanics Mutual Aid, incorporated, ....
" New Bedford Horticultural, incorporated, ....
♦' New England Female Moral Reform, incorporated,
" of Boston and vicinity for the aid of German immigrants, incorporated, .
INDEX.
lix
Society, South Boston Association, continued a body corporate, . . Page 12
" " " Lyceum, to hold additional estate, ... 3.3
" St. John's Catholic Total Abstinence and Mutual Relief, incorporated, . 1G4
" Temperance Hall Association, in Dedham, incorporated, . . 172
" Trustees of Episcopal Clerical Fund, incorporated, ... 77
" Worcester County Horticultural, to hold real and personal estate, . 381
SoHiER, William, to make confirmatory deeds, &c,, . . . . 524
Somerset Potters Works, incorporated, ..... 334
SoMERviLLE Dyeing and Bleaching Company, name of Milk Row Bleachery
Company changed to, . . . . . « 667
" toAvn of, allowance for care of sick alien paupers, . . . 824
Soul of Soldiery, to be furnished with equipments, .... 503
South Bay, and Charles and Mystic Rivers, additional appropriation for survey of, 230, 514
" " " " " " " governor and council to appoint com-
missioners concerning,
" Boston Association, continued a body corporate,
" " Lyceum, to hold additional estate,
" Congregational Meeting-House in Lowell, proprietors to assess upon shares
" Market, proprietors incorporated,
" Reading Branch Railroad, established, .
" Shore Railroad Company, concerning, .
" " " " incorporated, .
" " " " time for location and construction of road ex
tended, ....
Southampton, town of, to be paid proportion of income of school fund,
SouTHBORouGH, Marlborough to pay proportion of State and county taxes to,
SouTHBRiDGE Savings Bank, incorporated,
Special Laws, providing for publication of, .
Spencer, town of, to be paid proportion of income of school fund,
Spendthrifts, concerning appointment of guardians of,
Springfield Aqueduct Company, incorporated,
" Car and Engine Company, incorporated, .
" concerning town meetings in, .
" Gas Light Company, incorporated,
" repealing act establishing a fire department in,
" " " incorporating certain lands on Pine Plain in
" Water Power Company, incorporated,
St. Mary's Male Orphan Asylum, incorporated,
" John's Catholic Total Abstinence and Mutual Relief Society, incorporated,
Stacei:, Ebenezer H., and others, to extend a wharf in Gloucester,
" George, Commonwealth's title to land released to,
Standards of weights, measures and balances, concerning,
" " " " " " concerning the reception and safe
keeping of, .
" " " " " " to be furnished to counties, cities
and towns, .
State House, concerning repairs upon and around, 206, 225, 231, 233, 236, 246,
" Lunatic Hospital, trustees to provide accommodations for furiously insane
patients, ....... 518
703
822
82
676
539
222
175
783
602
801
316
429
706
37
414
164
339
819
461, 52a
816, 842
505, 822
Iz
JNPBX.
State lunatic paupers, allowance for support of, Pages 217, 221, 222, 511, 512, 527, 821, 833
" Manual Labor School, concerning the erection of, . . . 250
" Map, concerning alterations in, and distribution of, . . . 216
" " providing for the correction of, . . . . . 165
" " furnished to county of Nantucket, .... 818
" " Law Reports, &c. furnished to new towns, . . . 624, 841
" " Secretary to contract for the publication and sale of, . . 532
" Mutual Life Assurance Company, in addition to act of incorporation, . 90
" Normal Schools, appropriation for support of, . . . . 535
" pauper accounts, governor and council to appoint commissioners to examine, 252
" " " allowance to commissioners relating to, . . . 532, 533
" " charges, concerning, ...... 523
« paupers, allowance for support of, 512, 527, 820, 821, 822, 825, 833, 835, 840
" Prison, salaries of watchmen of, established, .... 344
" " to be ventilated, &c., ...... 809
'' " to erect a bathing-room in yard of, ... . 206
" " Library, annual appropriation for, .... 509
" " " appropriation of $100 for purchase of books, . . 206
" Reform School, appropriation for completing buildings of, . . 822
" " " established, ...... 405
" « « in aid of, ...... 828
" " " providing for the erection of buildings for, . . 515
" " " trustees incorporated for certain purposes, . . 789
Statistical Informatio:v, to pay assessors for obtaining, . . . 238
Steamboat Company, Nantucket, to hold additional real estate, . . 710
" " Newburyport, Boston and Haverhill, incorporated, . 137
Stearns, Caroline, trustee, to join in, and assent to, partition of real estate, &c., 528
Stevens, Angelo D., treasurer of Berkshire County to give up note to, . . 233
Stockbridge and Pittsfield Railroad Company, incorporated, . . . 373
" town of, allowance for support of paupers, . . . 221,822
" Union Manufacturing Company, incorporated, . . . 654
Stoneham Branch Railroad Company, incorporated, .... 455
" " *' " time for location of road extended, . 689
" Manufacturing Company, incorporated, .... 601
Stony Brook Railroad Corporation, capital stock increased, . . . 677
" " " " to enter upon the Worcester and Nashua
and the Peterborough and Shirley Rail-
roads, alter location of road, construct a
branch, &c,, .... 404
Stoughton, part of Canton set off and annexed to, . . . . 397
Streets of Cities, to prevent obstructions in, and to regulate hackney coaches
and other vehicles, ....... 447
Sturtevant, George, and others, to extend a wharf in Boston, . . . . 387
Suffolk County Mills, incorporated, . ... . . . 735
•' Sugar Refinery, incorporated, ..... 5
Sugar Refinery, Essex, incorporated, ..... 455
SuLLivANj John L., to confirm title to real estate on petition of Richard Sullivan, 212, 235
" " " Thomas C. Amory, Jr. to sell interest in land of wife of, . 215, 235
INDEX.
Iti
StTPERiNTENDENT of alien passengers, appointment provided for,
StrppoRT or Convicts, concerning, ......
Supreme Judicial Court, justices to order and decree payment or distribution
of funds received by trustees of First Methodist
Episcopal Society in Lowell,
«' " " number of justices increased to five,
" " " to adjourn from place to place for capital trials,
" « " to appoint an assistant clerk of courts in Middlesex
County, .....
" " " to limit time when liabilities of banks that have sur
rendered charters are to be barred,
" " " to restrain abuses of corporate power by cities an
towns, . . . . •
Survey of Boston Harbor, appropriation for, ....
" " New Bedford Harbor, concerning, ....
" " South Bay and Charles and Mystic Rivers, appropriation for,
" " " " " «' « " " governor and council to ap
point commissioners con
cerning,
Swett's Wharf, in Charlestown, to extend, ....
Stlvic Gas Light Company, incorporated, ....
Page 796
44
464
603
734
769
742
335
515
233, 504
230, 514
246
343
C06
T.
Taft, Nathaniel L., and others, allowance for military services,
Tanners Mutual Insurance Company, incorporated,
" " « " name changed, insured property to he di
vided into classes.
Tariff and protective policy, concerning, .
Tarr, Moses, and associates, to build a wharf in Gloucester,
Taunton and Middleborough Railroad Corporation, incorporated,
" Copper Manufacturing Company, capital slock increased,
" Great River, defining limits of towns on, and concerning the oyster
fishery in, -
" " " Benjamin W. Miller to plant oysters in,
" " " James S. Chace to plant oysters in,
*' Locomotive Manufacturing Company, incorporated,
" Paper Manufacturing Company, incorporated, .
Tax paid by Millbury Bank, refunded,
Taxation in parishes, relating to, .
Taxes, assessed in Berkley, in 1840, confirmed and made valid,
" concerning remedies for the collection of,
" " the collection of, .
" granted for the several counties, .... 228,
" on real estate of deceased persons, concerning, .
" penalty established for neglect, by cashiers or clerks, to make returns ro
quired by act for the more equal assessment of,
" sale of real estate for non-payment of, regulating.
248
317
796
237
040
691
34
429
3G2
30
312
369
229
092
520
734
134
511, 823
449
776
093
Ixii
INDEX.
Teachers' Association, Massachusetts, incorporated,
" Institutes, established, ....
" " providing for holding,
" and others. County Associations of, aid granted to, .
Telegraph, Electro-Magnetic, proprietors incorporated.
Temperance Hall Association, in Dedham, incorporated,
Tenure of judicial officers, concerning.
Tew, Philip M., and others, to plant oysters in Assonet River, .
Tewksbury, John Sargent, administrators of, to release and discharge mortgage,
" William, indemnified for loss,
Thaxter, Leavitt, guardian of Christiantown Indians, allowance to,
Third Religious Society in Dorchester, to sell real estate.
Thirteenth Congregational Church in the city of Boston, name of Congrega
tional Church in Purchase Street, changed to,
Thomas, Samuel M., guardian, to sell and convey land and appurtenances,
Three Rivers Bridge in Palmer, repeal of act relating to.
Timber, land agent to suspend granting permits to cut down, on public lands,
Time of night-time, in criminal prosecutions, defined,
TiSBURY, alewive or herring fishery in, regulated,
TiTcoMB, John B., trustee under the will of, to sell real estate, .
Toll at Chelsea Bridge, regulating rates of, .
Tolls at Neponset Bridge, established,
Town and city officers, penalty for neglect of duties in relation to election of
State officers, .....
" " county roads, county commissioners and others to erect stone bounds
at termini, &c., of, ....
" " private ways, relating to, .
" pounds, in relation to, .
" of Ashland, incorporated, ....
" " " in addition to act of incorporation, .
" '■* Blackstone, in addition to act of incorporation,
" " Canton, part of, set off to Stoughton, .
" " Chicopee, incorporated, ....
" " Clarksburg, part of, set off to Florida,
" " Georgetown, in addition to act of incorporation,
" " Lawrence, incorporated, ....
" " Monterey, incorporated, ....
♦' " North Chelsea, incorporated, ....
a « West Brookfield, incorporated,
" ways and private ways, to provide for constructing,
Towns, adjacent, to unite for establishment of schools, .
" authorized to take lands for schoolhouses,
" new, to be furnished with Law Reports, Maps, &c.,
" and cities, concerning the powers of, . . .
« " " to restrain abuses of corporate power by,
" of Mount Washington and Boston Corner, boundary line between, estab
lished, .......
*' of Weymouth and Abington, boundary line between, established.
ige 143
61
603
779
140
172
487
403
534
138
512
371
INDEX.
Ixiii
Towns on Taunton Great River, limits defined, .... Page 429
Traders Fire and Marine Insurance Company of Boston, incorporated, . 485
" " " " " " " " time for paying in cap-
ital stock, extended, 745
Transfer of shares in joint stock companies, concerning, . . . 377
Traps Creek Fishing Company, concerning ownership of shares in, . . 635
Treasurer and Commissioner of Marshpee District, allowance for support of
paupers, . ..... 512
*' " Secretary of the Commonwealth, to apportion income of school
fund, ....... 153
of the Commonwealth, first clerk in office of, salary established, . 440
" " " to audit and pay accounts for republishing the
laws, ..... 250
" " " to be a member of board of commissioners to
furnish towns, &.C., with standards of
■weights, &c., .... 842
« " " to borrow money, . . .214, 503, 818
" " " to convey to the city of Boston the estate oc-
cupied by the sergeant-at-arms, . . 517
" " " to execute discharge of mortgages in certain
cases, ..... 431
" " " to have the care, custody, &c., of the standard
of weights, measures and balances, . 461, 523
" " " to pay certain notes when directed by the
governor, .... 838
" " to publish abstracts of returns of alien pas-
sengers, . . . . . 798
" " to reserve money overpaid to towns for State
pauper charges, .... 523
• " " to sell rights to new stock of Western Rail-
road Company, .... 766
" " " to take Commonwealth's proportion of new
shares of Western Railroad Corporation, . 478
of Herring Pond Plantation, allowance for support of a pauper, . 512
Treasurers of Indian tribes and others, concerning removal of, . . 144
Treasury, to secure the payment of fees into, ..... 491
Treaty of Washington, concerning, ...... "228
" " " an account rendered under, .... 220
" " " governor to take measures to procure reimbursement
for expenses under, .... 230
Trees and Shrubs, providing for distribution of Report on, . . . 508
Tremont Gas Light Company, incorporated, ..... 18
" Iron Company, capital stock increased, .... 34
Trespasses in Boston Harbor, concerning, ..... 537
Troy and Greenfield Railroad Company, incorporated, .... 789
Trull, John W., released from obligation to extend common sewer, . . 639
" " " to extend wharves in Boston, ..... 39
Truro, mill-dam across Mill Creek in, continued, and acts of owners confirmed, 368
Ixiv
INDEX.
Truro Wharf and Breakwater Company, incorporated, - .
Trust Estates, concerning sale of, .
Trustee of Grafton Indians, to allot real estate to Hecktor and Arnold,
Trustees of Amherst College, allowance to, .
" Bixby Donation Farm, &c., incorporated, .
" First Baptist Church in Lexington, to sell or mortgage real estate
" Grammar School in Roxbury, to convey real estate,
" Massachusetts Charitable Eye and Ear Infirmary, allowance to,
" Methodist Episcopal Churches, concerning,
" State Lunatic Hospital, to provide accommodations for furiously in
sane patients, ......
" State Reform School, allowance to, . . .
" " " " incorporated for certain purposes,
" the Episcopal Clerical Fund, incorporated,
writs of scire facias against, limited,
TucKERMAN, Edward, and others, trustees, to sell messuage and farm to Sally Blake,
Tufts, Otis, to extend, a wharf in Boston, ....
Turner, Enos, allowance for military services, ....
Turnpike, Middlesex, Nashua and Lowell Railroad Corporation to surrender a
portion of the, . . . . . • .
Page 70^
IfiS
237
514
451
379
829
821
501
u.
Uninclosed and common lands in island of Nantucket, concerning, ' .
Union Bank, capital stock increased, .....
" Baptist Society, in Boston, incorporated,
'• Insurance Company, penalty for not making return remitted to secretary of,
" Mills, incorporated, ......
" Railroad Company, incorporated, ....
'■ " " providing for appointment of a commissioner to super
intend building of a bridge by,
" Wharf Company, incorporated in Boston,
" " " 'to erect a wharf in Wellfleet, .
Unitarian Association, American, incorporated.
United States, governor to inquire into purposes, &c. of an act ceding jurisdic
tion over certain lands to, .
" '•' Health Insurance Company, incorporated,
" " jurisdiction over a ledge of rocks lying off the island of Cutty-
hunk, and over a lot of land in Fairhaven,
ceded to, . . .
'= " " " George's, Lovell's, and Governor's Islands ce
ded to, .
" " " " marsh lands in Chelsea, ceded to,
" " " " Minot's Rock or Ledge, ceded to,
" " regulating election of electors of President and Vice President of,
Unquomonk Manufacturing Company, incorporated,
Upham, Charles, administrator, to file affidavit and copy of notice,
Upton, town of, reimbursed for money paid for military services,
Usury, to punish taking of, .
375, 445
441
174
221
102
773
INDEX.
Ixv
V.
Van Brunt, Elizabeth P., trustees of, to sell real estate,
Vattemare, literary exchanges, appropriation for,
Vehicles, to regulate, and to prevent obstructions in streets of cities,
Vermont and Massachusetts Railroad Company, time for filing location of road
extended, &c., .....
Vessels, lien established on, ....
ViNAL, Otis, guardian, sale of real estate made valid,
" and Rice, to extend a wharf in Boston, .
VrNTON, Thomas, executor of will of, to sell real estate.
Violations of by-laws, concerning prosecutions for,
Page 223
204, 518
447
112, 193
770
826
66
243
31
w.
Wading Place Creek, to lay out a road and construct a bridge across, . 364
" River Reservoir Company, incorporated, .... 100
Wages and deposites of married women, concerning payment of, . . 139
Walcott, Samuel B., allowance to, . . . . . . 231
Walnut Grove Cemetery, proprietors to grant right of way over, . . 769
Walpole Dyeing and Bleaching Company, incorporated, . . . 711
" Railroad Company, incorporated, ..... 157
" Reservoir Company, incorporated, ..... 431
" " " in addition to act of incorporation, . . 436
Waltham and Newton Branch Railroad, established, . . , . . , 689
Wamsutta Mills, incorporated, ...... 136
Wanalakcet Iron and Tube Company, incorporated, .... 670
War, Mexican, and the institution of slavery, concerning, . . . 541
Ward Manufacturing Company, incorporated, ..... 341
Wareham Cotton Mill, incorporated, . . . . . . . 15
" Savings Bank, incorporated, ..... 363
Warrants in cases of bastardy, concerning, ..... 196
Watchman of State House, and assistants, salary established, . . . 162
Watchmen of State Prison, salaries established, .... 344
Water, to supply Boston with, . . . . . .113, 625
" Commissioners of city of Boston, on petition of, . . . 517
" Company, North Adams, incorporated, .... 750
" " Williamstown, incorporated, .... 388
" " " in addition to act of incorporation, . . 765
•' Power Company, Leicester, incorporated, .... 23
" " " Springfield, incorporated, .... 37
" " Manufacturing Corporations in Lowell to own and improve, . 23-
Waterford Manufacturing Company, incorporated, .... 84
Waters Cotton Mills Company, incorporated, ..... 457
Watertown Branch Railroad Corporation, incorporated, . . . 191
" " " " time for location and completion of
road extended, . . . 447
I
Ixvi
INDEX.
Watuppa Manufacturing Company, incorporated,
Ways, public, concerning dedicalion of, ....
" town and private, to provide for constructing,
" " " " relating to, .
Weeks, Darius, to build a wharf in Harwich, ....
" Ebenezer, to extend a wharf in Boston, . .
Weight of potatoes per bushel, established, ....
Weights, measures, and balances, concerning,
" " " " concerning reception and safe-keeping of
standards of, .
" " " " to be furnished to counties, cities, and towns
Weir Branch Railroad Corporation, incorporated,
" Iron Foundry, incorporated, .....
Well Association, Artesian, incorporated, ....
WELLFLEtT, cstatc formerly of Sylvanus Snow set off from Eastham to,
Wesleyan Academy, relating to, .....
West Acton and Boxborough Steam Mill Company, incorporated,
'• Amesbury Manufacturing Company, incorporated,
" Boston Iron Company, incorporated, ....
" Brookfield, town of, incorporated, ....
" Stockbridge, part of, set off to Alford, ....
Western, Nathan, and others, on petition of, .
" Railroad Corporation, capital stock increased,
" " " concerning the sinking fund of, .
" " " payment of certain notes to, authorized,
" " " treasurer of the Commonwealth to sell rights to
new stock in, .
" " " to extend a branch from West Brookfield to
Barre, ....
Westford Academy, repeal of provision requiring a majority of the trustees to
be inhabitants of Westford, .....
Westminster Academy, established, ....
" Steam Mill Company, incorporated,
Westport, regulating public and town landing places in,
Wetherbee, I. J., to convey property held in trust,
Weymouth and Abington, boundary line between, established,
" " Braintree, fire department established in,
" town of, to transfer the right of fishing.
Wharf, and Breakwater Company, Truro, incorporated,
" " Land Company, Hingham, to extend wharf,
" Aspinwall, Samuel, to extend, in Boston,
" Atkins, Joseph and Freeman, to extend, in Provincetown,
" Atwood, John, Jr., to build, in Provincetown, .
" Baker, Joseph K. and Arannah Small, to build in Dennis,
" Bangs, Solomon, to build, in Provincetown,
" Barlow, Levi, and others, to build, in Sandwich,
" Barnard, Samuel, and Jacob Hittinger, to extend, in Charlestown,
" Bearse, Owen, and others, to build, in Barnstable,
Page 674
137
150
655
17
722
316
461, 523
216
816, 842
424
682
162
498
739
197
703
642
626
370
836
478, 766
483
838
766
160
322
395
400
696
. 823
391
79
47
702
701
726
138
638
321
640
692
100
386
INDEX.
Ixvii
Wharf, Boston, city of, to extend, in Boston, .
» Boston Steam Flour Mill Company, to extend, in Boston,
" Bowker, Albert, and Wm. Fettyplace, to extend, in Boston,
" Brightman, Benjamin T., to build, in Fall River,
" British Steam Ship, to extend, in Boston,
" Boston Steam Flour Mill Company, to extend, in Boston,
" Brown, Samuel W., to extend, in Gloucester, .
" " George W., and Josiah G. Lovell, to extend, in Boston
" Burnham, Gilman M. and Reuben, to extend, in Boston,
" Cambridge, Company, incorporated,
» Central Square, Company, incorporated,
" Chandler, James, and others, to extend, in Provincetown,
" Chase, Job, and others, to build, in Dennis,
" Cobb, William, to build, in Dighton, .
" Conant, Simeon, to extend, in Provincetown, .
" Constitution, Company, in Boston, incorporated,
" Cook, Jesse, to extend, in Provincetown,
" " Parker, to extend, in Provincetown,
« " Samuel, to build, in Provincetown,
" Cunningham, James, to extend, in Boston,
" Delano, Wm. H., and Benj. F., to extend, in Boston, .
" Dillingham, Stephen, to build, in Falmouth,
" Doane, Valentine, and others, to build, in Harwich,
" Drew, Phineas, to extend, in Nahant, (Lynn,) .
" Dunbar, John D., and Ephraim Parker, to extend, in Boston,
" Dyer, Joshua, to build, in Provincetown,
" Eldred, Silas J., and others, to build, in Falmouih,
" Fearing, William S., to build, in Wareham, .
" Fettyplace, William, and Albert Bowker, to extend, in Boston,
« " " " Benjamin Lamson, to extend, in Boston,
" Fisk, Nathan, and others, to build, in Dennis, .
" Forbes, John M., and Samuel Henshaw, trustees, to extend, in Boston,
" Freeman, Kilbourn W., to build, in Provincetown,
" Gage, Addison, and others, to extend, in Charlestown, .
" Gibbs, Geo. W., and Horatio N. Gunn, to build, in Somerset, .
" Gifford, Josiah, to build, in Provincetown,
" Gunn, Horaiio N., and George W. Gibbs, to build, in Somerset,
« Hall, Samuel, to extend, in Boston, ....
" Haskell, John C, and George Randall, to extend, in Boston, .
" Hathaway, Edmund D., and Guilford, to build, in Freetown,
" Henshaw, Samuel, and John M. Forbes, trustees, to extend, in Boston
" Hill, Jonathan, and Joseph P. Johnson, to build, in Provincetown,
" Hilliard, Stephen, to extend, in Provincetown, .
" Hinckley, Allen, to build, in Truro,
" Hingham, and Land Company, incorporated, .
" Holmes, Wm. G., and Daniel D. Kelly, to extend, in Boston,
" Hoppin, John, to extend, in Boston,
" Jackson, Ward, heirs of, to extend, in Boston, .
Page 396
713
383
90
121
713
686
731
•376
423
775
637
680
65
386
390
696
344
65
717
716
336
66
341
382
638
683
126
383
394
G78
313
388
343
699
384
699
385
3(i0
90
313
3<J0
20
638
377
719
64
12G, 318
Ixviii
INDEX.
Wharf, Johnson, Joseph P., and Jonathan Hill, to build, in Provincetown,
" " Timothy P., to extend, in Provincetown,
" Kelly, Daniel D., and Wm. G. Holmes, to extend, in Boston,
" Lamson, Benjamin, to extend, in Boston, . . .31,
" " " and Wm. Fettyplace, to extend, in Boston,
" Locke, Stephen, and John Wheeler, to extend, in Boston,
" Lombard, Ammi C, and others, to build, in Boston,
" Lovell, Josiah G., and Geo. W. Brown, to extend, in Boston,
" Lovejoy, William R., and others, to extend, in Boston,
" Low, Frederick G., and others, to extend, in Gloucester,
" Magoun, James W., and another, to build, in Truro,
" Mayo, Jeremiah, and others, to build breakwater and wharves in Brewster
" Metcalf, Marcus A., to extend, in Boston,
" Mill Pond, in Boston, to extend,
" Miller, Benjamin W., to extend, in Fall River,
" " Moses, to extend, in Boston, . . .
" Neponset, Company, incorporated,
" Nickerson, Amasa, and others, to build, in Harwich,
" " John, to extend, in Provincetown, .
" " Seth, to build, in Provincetown,
" " " 2d, to build, in Provincetown,
" Noble, Joseph, and others, to extend, in Boston,
" North Wharf Corporation, to extend, in Truro,
" Nye, Joseph W., and others, to build, in Falmouth,
" Oliver, Francis J., to build, in Boston, .
" Paine, John A., to build, in Truro,
" " Nathan, to extend, in Wellfleet,
" Parker, Ephraim, and John D. Dunbar, to extend, in Boston,
" Parkman, George, to extend, in Boston,
" Pease, John H., to build, in Edgartown,
" Phillips, Stephen C, to extend, in Salem,
" Railroad, Company, incorporated,
" Randall, George, and John C. Haskell, to extend, in Boston,
" Rice, Lewis, to extend, in Boston,
" Rich, Eleazer, and others, to build, in Truro, .
" Shaw, Robert G. and Eliza W., to extend, in Boston, .
" " " " " others, to extend, in Boston,
" Sherman, Nicholas H., to build, in Wareham, .
" Small, Arannah, and Joseph K. Baker, to build, in Dennis,
" " Daniel, to extend, in Provincetown,
" Stacy, Ebenezer H., and others, to extend, in Gloucester,
" Sturtevant, George, and others, to extend, in Boston,
" Swett's, in Charlestown, extended,
" Tarr, Moses, and associates, to build, in Gloucester,
" Trull, John W., to extend, in Boston, .
" . " " " released from obligation to extend common sewer under,
" Tufts, Otis, to extend, in Boston,
" Union, Company, to build, in Wellfleet,
Page 300
139
719
124, 318
394
35, 318
729
731
314
339
644
728
92, 318
3G7
88
744
C84
638
93
639
357
704
33
65
721
632
94
382
129, 318
639
379
633
360
711
66
127, 318
121
693
321
683
339
387
343
640
39
639
728
67
INDEX.
Ixix
Wharf, Union, Company, incorporated in Boston, .... Page 320
" Vinal and Rice, to extend, in Boston, ..... 66
" Weeks, Darius, to build, in Harwich, ..... 17
" " Ebenezer, to extend, in Boston, .... 722
" Wheeler, John, and Stephen Locke, to extend, in Boston, . . 35, 318
" Winnisimmet Company, to extend, in Chelsea, . . . 112
" Whitmore, Charles O., and others, to extend, in Boston, . . 729
" Woodbury, Joseph P., and James A., to extend, in Boston, . . 720
" Young', Elisha, to extend, in Provincetown, .... 639
Wheeler, John, and Stephen Locke, to extend a wharf in Boston, . . 35, 318
Wheelock, Martin, pension allowed to, .... . 205
White, Benjamin, allowance to, ..... . 236
WiLBRAHAM Steam Mill Company, incorporated, .... 400
Wilder, David, Jr., allowance for extra services in treasurer's office, . . 249
" Charles L. and Harriet E., title to real estate confirmed, . . 539
Wilful disturbance of religious worship, concerning, .... 376
" and malicious injuries to personal property, to punish, ... 27
Williamsburg and Hatfield, dividing line between, established, . . 86
" " Whately, concerning boundary line between, . . 842
WiLLiAiM3TowN Water Company, incorporated, .... 388
" " " in addition to act of incorporation, • . 765
Willis, Joseph, allowance to, . . . . . . . 207
Wilmington Steam Mill Company, incorporated, .... 446
WiNCHENDON Railroad Corporation, location of road changed, &c., . . 189
Winnisimmet Company, to extend wharves and landing place at Chelsea, . 112
Winter, William D., guardian, to sell minor's interest in land, . . . 512
Witnesses, pay of certain, . . . . . . . 840
" relating to their competency in certain cases, . . . 647
" " " " fees in certain cases, .... 672
WoBURN Branch Extension Railroad Company, incorporated, . . . 467
" Common, enclosure authorized, . . . . . " 752
Woodbury, Joseph P. and James A., to extend a wharf in Boston, . . 720
Wooden Buildings in Boston, regulating erection of, . . . . 389
Woolen Steam Mill Company, incorporated, ..... 449
Worcester, city of, established, ...... 611
" Coal Mining Company, incorporated, .... 745
" County Horticultural Society, to hold real and personal estate, . 381
" " Manual Labor High School, name changed, . . 333
« " " " " " relating to, . . . 219
" " Health Insurance Company, incorporated, . . 469
" " Mutual Fire Insurance Company, incorporation continued, 361
" " probate court in, changing place for holding, . . 678, 743
" Railroad Company, Providence and, concerning, ... 16
Worship, religious, concerning wilful disturbance of, . . . . 376
Wrentham and Foxhorough Railroad Company, incorporated, . . . 180
" Branch Railroad, established, . . . . . 761
Wright, Ansel, allowance for arresting a forger, .... 204
Writ of habeas corpus, penally for resisting service of, ... 743
Ixx INDEX.
Writs of scire /««■««■ against trustees, limited, . . ... Page 20
Wyman, Samuel W. and James, executors, to sell real estate, . . . 526
Y.
Young, Andrew P., trustee under the will of, to sell real estate, . . 521
" Elislia, to extend a wharf in Provincetown, .... 639
GENERAL AND SPECIAL
1846.
An Act to incorporate the New Bedford Cordage Company. Ch(tT)» 1 •
E it enacted by the Senate and House of Repi^esenta-
tivcs, in General Court assembled^ and by the authority
of the sa?ne, as follows :
Section 1. Benjamin S. Rotch, William J. Rotch, Jo- Persons incor-
seph Ricketson, their associates and succe&'sors, are hereby P"''*'^^''-
made a corporation, by the name of the New Bedford Cor-
dage Company, for the purpose of manufacturing cordage, to manufacture
in the town of New I5edford, in the county of Bristol ; and ^°J^Sd '" ^^^
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.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purpose aforesaid, 1A*5oooo
not exceeding in value the sum of one hundred and fifty '
thousand dollars. [Approved by the Governor, Feb. 2,
1846.]
An Act to increase the Capital Stock of the Framingham Bank. ChttJ)' 2
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by tJie authority of
the same, as folloiDS :
Section 1. The president, directors, and company of the Capital may be
Framingham Banlc, in Framingham, are hereby authorized ^sffooojn''^
to increase their capital stock by an addition thereto of fifty shares of 5100,
thousand dollars, in shares of one hundred dollars each, ^'^•
which shall be paid in such instalments as the president
and directors of said bank may direct and determine : pro- Frovuied,£cc.
vided, that the whole amount shall be paid in, on or before
the first Monday of October next.
4 1846. Chap. 2—5.
Liabilities of in- SECTION 2. The additional stock aforesaid shall be sub-
creased capital, jg^j ^^ ^j^^ ]-]^g ^^^^ regulations, restrictions, and provisions,
to which the present capital stock of said corporation is now
subject.
Certificate, «fec,, SECTION 3. Beforc the Said corporation shall proceed to
to t'he Secre^-'* ^^ busiiiess upoii such additional capital, a certificate, signed
tary. by the president and directors, and attested by the cashier,
under oath that the same has been actually paid into said
bank, shall be returned into the office of the Secretary of
the Commonwealth. [Approved by the Governor, Feb. 2,
1846.]
Chap. 3.
An Act to increase the Capital Stock of the Naumkeag Steam Cotton 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 folloivs :
Capital stock The Naumkeag Steam Cotton Company, are hereby em-
'^^Vow)o" ViTd powered to increase their capital stock to the sum of one
real estate to million dollars, and to hold real estate, for the use of said
^500,000. company, to an amount not exceeding five hundred thou-
sand dollars. [Approved by the Governor, Feb. 2, 1846.]
dlfin 4 "^^ ■^^^ *° incorporate the Berkshire County Savings Bank.
BF it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- Henry Shaw, Thomas A. Gold, Thomas F. Plunket,
porated in Pitts- Charles Sedge wick, their associates and successors, are
hereby made a corporation, by the name of the Berkshire
County Savings Bank, to be established in the town of
Pittsfield, in the county of Berkshire, with all the powers
and privileges, and subject to all the duties, liabilities, and
restrictions, set forth in the thirty-sixth chapter of the Re-
vised Statutes, and in all other laws of this Commonwealth
relating to institutions for savings. [Apjij-oved by the Gov-
ernor, Feb. 2, 1846.]
Chap. 5.
An Act to incorporate the Bay State Mills.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Persons incor- SECTION 1. Samuel Lawrcucc, William W. Stone, Jarvis
porated, Slade, their associates and successors, are hereby made a
corporation,, by the nam.e of the Bay State Mills, for the
to manufacture purposc of manufacturing woolleu and other goods, in the
mher K'oods\n towu of Methucu, county df Essex ; and for these purposes
Methuen. shall liave all the powers and privileges, and be subject to
all the duties, restrictions, and liabilities, set forth in the
thirty-eighth and forty-fourth chapters of the Revised Stat-
utes.
1846. Chap. 5—8. 5
Section 2. Said corporation may hold such real and per- Estate not to
sonal estate, as may be necessary and convenient for the pur- |Y,ooo,ooo.
poses aforesaid, not exceeding in value the sum of one mil-
lion of dollars, {Approved by the Governor^ Feb. 2, 1846.]
An Act to incorporate the Suflblk Sugar Refinery. CllCtp. 6.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the anthority of
the same, as follows :
Section 1. Zachariah Jellison, Charles Wilkins, William Persons incor-
Bramhall, their associates and successors, are hereby made "^^^^^ '
a corporation, by the name of the Suffolk Sugar Refinery,
for the purpose of manufacturing and refining sugar in the [^"^^^"^"[e'suJar
city of Boston, county of Suffolk, and for this purpose shall in Boston. "
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.
Section 2. Said corporation may hold, for the purposes ^''g^J/J^d'^ "°*
aforesaid, real estate not exceeding one hundred and fifty 51.50000, and
thousand dollars ; and the whole stock of said corporation ggPQQ^QQg"''''
shall not exceed three hundred thousand dollars. {Approved '
by the Governor, Feb. 2, 1846.]
An Act to incorporate the Atlantic Cotton Mills. CIlCip. 7.
BE it enacted by the Senate and House of Representa-
tives, in Genercd Court assembled, and by the authority of
the same, as follows :
Section 1. Abbott Lawrence, Ebenezer Chadwick, J. W. Persons incor-
Edmands, their associates and successors, are hereby made P°''ated,
a corporation by the name of the Atlantic Cotton Mills, for
the purpose of manufacturing cotton goods in the town of to manufacture
Methuen, county of Essex ; and for this purpose shall have ^j^J^uen""''* '"
all the powers and privileges, and be subject to all the du-
ties, restrictions, and liabilities set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold such real and per- Estate not to
sonal estate, as may be necessary and convenient for the |tfQQQQoo
purpose aforesaid, not exceeding in value the sum of two ' ~' ' "
millions of dollars. [Approved by the Governor, Feb. 3,
1846.]
An Act to incorporate the Boston and Chelsea Iron and Screw Company. ChctJJ. 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 :
Section 1. Nathaniel Sands, Granville Mears, their as- Persons incor-
sociates and successors, are hereby made a corporation, by P'"'^^^'^'
the name of the Boston and Chelsea Iron and Screw Com- ^nd w"ork ma"^
pany, for the purpose of making machinery, and working chinery,
1846.-
-Chap. 8—10.
and to manufac-
ture screws,
iron, &c., in
Suffolk, and in
Maiden.
Real estate not
to exceed
;g;60,000, and
capital stock
^260,000.
the same, and manufacturing screws, iron and other metals
or materials, and carrying on the business thereof in the
county of Suffolk, and in the town of Maiden, in the county
of Middlesex ; and for these purposes shall have all the
powers and privileges, and be subject to all the duties, re-
strictions and liabilities, set forth in the thirty-eight and
forty-fourth chapters of the Revised Statutes.
Section 2. The said corporation may hold for the pur-
poses aforesaid, real estate to the amount of sixty thousand
dollars ; and the whole capital stock of said corporation,
shall not exceed the sum of two hundred and sixty thou-
sand dollars. [Approved by the Governor, Feb. 3, 1846.]
Chap. 9.
Persons incor-
porated,
to manufacture
cotton goods
and grind corn.
Real estate not
to exceed
g 100,000, and
capital stock
^200,000.
An Act to incorporate the New Bedford Steam Mill Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the aiithority of
the same, as foUorcs :
Section 1, Samuel Rodman, Alden G. Snell, William R.
Rotch, their associates and successors, are hereby made a
corporation, by the name of the New Bedford Steam Mill
Company, for the purpose of manufacturing cotton goods
and the grinding of corn, and for these purposes, shall have
all the powers and privileges, and be subject to all the du-
ties, restrictions and liabilities, set forth in the thirty-eighth
and forty- fourth chapters of the Revised Statutes.
Section 2. Said corporation for the purposes aforesaid,
may hold real estate not exceeding in value, one hundred
thousand dollars, and the whole capital stock shall not ex-
ceed in amount, two hundred thousand dollars, [Ajyproved
by the Governor, Feb. 3, 1846.]
y^7 - ^ An Act in addition to an Act to reduce the Capital Stock of the Millbury
Chap. 10. Bank.
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 making and delivery of the certificate of examina-
tion of the Millbury Bank, by the commissioner, under the
Commissioner's
certificate of
br^aSiiiough provisions of the act to reduce the capital stock of the Mill-
not delivered In bury Bank, approved on the fourteenth day of February, in
clue tune. ^Yie year of our Lord eighteen hundred and forty-five, to the
governor and council, on the tenth day of April last, shall
be good and valid for all the purposes of said act. [Ajj-
jiroved by the Governor, Feb. 4, 1846.]
1846. Chap. 11—12. 7
An Act to provide for the Government and Blanagement of Houses of Cor- QUq^jj 1 1 ^
rection in certain cases. l'
BE it enacted by the Seiiate and House of Represeiita-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Whenever any house of correction shall be when houses of
united in one and the same buildinar or establishment with correction are
, . ., . _, ,,,",, , ^ re c 1 united With jails,
the jail ni any county, except Suftolk, the sherm oi such the sheriff' to
county shall have the custody, rule and charge of the same, J,'^^^^'^^''^®^^"^
and of all prisoners therein, and shall keep the same him- exce°pt"^n Suf-
self, or by his deputy or jailer, for whom he shall be respon- ^'k.
sible ; and the powers and duties of such keeper shall be
the same as those of a master of a house of correction by
law now are.
Section 2. The coimty commissioners in such county. Powers and du-
shall have the same authority to appoint overseers of houses *'^^ °C county
^•'.J-i, , J commissioners
01 correction, so situated, as by law they now have; and andofoverseers,
the powers and duties of said overseers shall be the same as '» ^^^ premises.
by law they now are: provided, that they shall make no sheriffs consent
contracts for the labor of prisoners, to be performed without "^^JtractTfor
the yards of said house, or whereby the safe-keeping of any labor, &c.
prisoner may be endangered, unless the sheriff consent to
the same.
Section 3. The said commissioners, in such county or Allowances to
counties, shall, in the months of May and November, in ^^^p^""^'
each year, make an allowance to the said keeper, of a rea-
sonable sum, for his services, and for the support of the
prisoners under his charge, and other necessary expenses ;
and in case the said commissioners shall neglect or refuse to who may ap-
make such allowance, or the said keeper shall be dissatisfied common Plea's
with the amount thereof, he may present his petition, show- &c.
ing the facts, to the court of common pleas next to be hold-
en in and for said county, who shall cause notice thereof to
be given the chairman of said commissioners, and, after
hearing the matter of said petition, may determine the
amount of such allowance, and pass such further order in
the premises as law and justice may require.
Section 4. All acts or parts of acts inconsistent with the Repeal of in-
pro visions of this act, are hereby repealed. [Ajjproved by ^°j|o,^s*^"' P"^"'
the Governor, Feb. 4, 1846.]
An Act to increase the Capital Stock of the Ames Manufacturing Company. Chctp. 12.
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 Ames Manufacturing Company are hereby author- Capital stock
ized to increase their capital stock, by adding thereto an may beincreas-
amount not exceeding one hundred thousand dollars, and to |iod/)oo'wilch
invest such portion thereof in real estate, as may be neccs- may be invested
1 • J. r • .11- r -iin real estate.
sary and convenient for carrying on the business of said
corporation. [Approved by the Governor, Feb. 4, 1846.]
8 1846. Chap. 13—15.
Chap. 13. -^^ -^°'^ ^° increase the Capital Stock of the Lowell Manufacturing Company.
BJ3 it enacted by the Senate and House of Represejita-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Capital stock The Lowell Manufacturing Company are hereby author-
^^by^addhi^^^" i^6^ to increase their capital stock by adding thereto nine
;g90o,ooo, which hundred thousand dollars : and to invest such portion
in^rearestrte.^^ thereof in real estate, as may be necessary and convenient
for the purpose for which they have been incorporated.
[Approved by the Governor, Feb. 5, 1846.]
Chap. ■ 14. An Act to incorporate the Old Town Manufacturing Company.
BE it enacted by the Seiiate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Moscs Pcttingell, Benjamin Hale, their asso-
porated, ciatcs and successors, are hereby made a corporation by the
name of the Old Town Manufacturing Company, for the
to carry on purposc of Carrying on the bleaching business in tlie town
bleaching in of Ncwbury, couuty of Esscx ; and for this purpose shall
ew ury. have all the powers and privileges, and be subject to all the
duties, restrictions and liabilities set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes.
Estate not to ex- SECTION 2. Said Corporation may hold such real and per-
ceed ^100,000. sonal estate as may be necessary and convenient, for the
purpose aforesaid, not exceeding in value one hundred thou-
sand dollars. [Approved by the Goveriior, Feb. 6, 1846.]
Chap. 15.
An Act in addition to an Act establishing the Nashua and Lowell Rail-road
Corporation.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Location of SECTION 1. The Nashua and Lowell Rail-road Corpora-
road*^'^ '^^''" t^o*^ ''■^'^ hereby authorized and empowered to locate, con-
struct, and finally complete, a " Branch Track" from their
road in the city of Lowell, commencing at a point on said
road, about 1700 feet westerly from its junction with the
Boston and Lowell Rail-road, thence running easterly on a
straight line to the Western Avenue, so called, thence on a
line curving to the south, on said company's land, and over
the Patucket canal and land of William Livingston to
said company's land, thence on a straight line across Mid-
dlesex street and land of Zenas Stetson, and a street laid
out by the proprietors of the locks and canals on Merrimack
River, to said company's land, thence on a line curving to
the south, to the Boston and Lowell Rail-road at a point near
the Arch Bridge in the ledge, the whole distance being about
1600 feet.
1846. Chap. 15—16. 9
Section 2. Said corporation are hereby authorized to May enter upon
enter with their rail-road upon the Boston and Lowell Rail- LowdfRaii-
road at a point near the said Arch Bridge, paying for the road;
right to use the same agreeably to their original charter, and
complying with such rules and regulations as may be estab-
lished by said Boston and Lowell Rail-road Corporation, by
virtue of the 5th section of their act of incorporation ; pro- Provided, &c.
vided, however, that it shall be the duty of said Nashua
and Lowell Rail-road Corporation to enter said Boston and
Lowell Rail-road by such proper turnouts or switches, as
will not unreasonably incommode the travel upon the said
Boston and Lowell Rail-road, and pay all the expenses in-
cident to, and in consequence of, any alterations necessary
in said Boston and Lowell Rail-road, to enable them to enter
upon it in a proper manner.
Section 3. The said Nashua and Lowell Rail-road Cor- powers and lia-
poration, shall, with respect to the portion of rail-road biiities.
hereby authorized, be subject to all the duties, liabilities
and restrictions, and have all the powers and privileges con-
tained in the thirty-ninth chapter of the Revised Statutes,
and other statutes relating to rail-road corporations.
Section 4. Nothing contained in this act shall authorize Not to obstruct
said corporation to erect any pier or other obstructions in the patucke°t Canal.
Patucket Canal, or in any way to obstruct the safe and con-
venient use of the Patucket Canal in constructing their road
over the same. [Approved by the Governor, Feb. 7, 1846.]
An Act ceding to the United States, Jurisdiction over George's Island, Lovell's QhttV. 1 6.
Island and Governor's Island, in the Harbor of Boston. -^
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Section 1. Jurisdiction is hereby granted and ceded to Jurisdiction
the United States over two islands in Boston harbor, known ''^^^^ ^"^ ^"*''
as George's Island, and Lovell's Island, upon the former of
which the United States are erecting works of fortification
known as Fort Warren.
Section 2. The consent of this Commonwealth is hereby ^^^^^'J^^^j,''®
granted to the United States to purchase an island in the fhTunUed ^
harbor of Boston, called Governor's Island, for the purpose States for forts,
of erecting thereon forts, magazines, arsenals, dock yards,
and other needful buildings ; the evidence of the purchase
aforesaid to be entered and recorded in the Registry of
Deeds, in the county of Suffolk, and Commonwealth of
Massachusetts ; and the jurisdiction over the said Govern-
or's Island is hereby granted and ceded to the United States:
provided, always, and the cession and consent aforesaid are Provided, that
granted upon the express condition, that this Commonwealth ^|aUhTe"trin's
shall retain a concurrent jurisdiction with the United States concurrent ju-
in and over the islands aforesaid, so far as that all civil pro- "sdiction.
2
10
1846.-
-Chap. 16—18.
Property exon-
erated from tax-
ation.
When to take
effect.
Chap. 17.
Capital may be
increased by
^50,000, in
siiares of glOO,
&c.
Provided, &c.
Liabilities of
increased capi-
tal.
Certificate, &c.,
to be returned
to the Secre-
tary.
Chap. 18.
Persons incor-
porated.
to manufacture
cotton and
woollen goods
jn Amherst.
cesses, and such criminal processes as may issue under the
authority of this CommonweaUh against any person, or
persons, charged with crimes committed without the said
islands, may be executed therein in the same way and man-
ner as though this cession and consent had not been made
and granted.
Section 3. The property over which jurisdiction is grant-
ed by this act, shall be exonerated and discharged from all
taxes and assessments which may be laid or imposed under
the authority of this Commonwealth, while the said islands
shall remain the property of the United States, and shall be
used for the purposes intended by this act.
Section 4. This act shall take effect from and after its
passage. [Approved by the Governor, Feb. 7, 1846.]
An Act authorizing the President, Directors and Company of the Fitdiburg
Bank to increase their Capital Stock.
BE it enacted by the ^Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The president, directors and company, of the
Fitchburg Bank, in Fitchburg, are hereby authorized to in-
crease their present capital stock by an addition thereto of
fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
dent and directors of said bank may determine : provided,
the whole amount shall be paid in on or before the first
Monday in October next.
Section 2. The additional stock aforesaid, when paid
into said bank, shall be subject to the like tax, regulations,
restrictions, and provisions, to which the present capital
stock of said corporation is now subject.
Section 3. Before said corporation shall proceed to do
business upon said additional capital, a certificate, signed
by the president and directors, and attested by the cashier,
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the Secretary of
the Commonwealth. {Ajjjiroved by the Governor. Feb. 7,
1846.]
An Act to incorporate the Amherst Manufacturing Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assewMed, and by the authority of
the same, as follows :
Section 1. Thomas Jones, John S. Adams, J. M. Whit-
comb, their associates and successors, are hereby made a
corporation, by the name of the Amherst Manufacturing
Company, for the purpose of manufacturing cotton and
woollen goods in the town of Amherst, in the county of
Hampshire ; and for these purposes shall have all the pow-
1846. Chap. 18—20. 11
ers and privileges, and be siibject to all the duties, restric-
tions, and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Sectiox 2. Said corporation may hold, for the purposes Real estate not
aforesaid, real estate to the amount of fifty thousand dol- po^ooo, and
lars, and the whole capital stock shall not exceed one hun- capuai stocic
dred thousand dollars. [Approved by the Governor^ Feb. 7, ^^ ' *
1846.]
An Act to incorporate the New England Cordage Company. ChctV. 1 9.
BE it enacted by the Setiate and House of Representa-
tives^ iji General Court assembled, and by the authority of
the same, as foUoios :
Section 1. John Webber, Charles Scudder, their asso- Persons incor-
ciates and successors, are hereby made a corporation, by p^""^'^ >
the name of the New England Cordage Company, for the
purpose of manufacturing cordage in the city of Boston *» "ja^u'acture
and town of Roxbury; and for this piu'pose shall have all ton. "^"^
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.
Section 2. Said corporation may hold, for the purposes Real estate not
aforesaid, real estate not exceeding in value thirty-five g'35'ooo'^and
thousand dollars, and the whole capital stock shall not ex- capital Jtock
ceed one hundred thousand dollars. [Approved by the Gov- Sioo,ooo.
ernor, Feb. 7, 1846.]
An Act to increase the Capital Stock of the Boston and Providence Kail-road Qfidj), 20»
Corporation, and for other pnrposes. ^'
BE it enacted by the Senate and Honse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Boston and Providence Rail-road Cor- Capital stock
poration are hereby authorized to increase their capital ^^J^^^^ ("y
stock, by an amount not exceeding four hundred thousand 4,000 shares of
dollars, by creating an additional number of shares, not ^^°^'
exceeding four thousand of one hundred dollars each ; the
same to be assessed by instalments, from time to time, as
the directors shall find expedient.
Section 2. The said Boston and Providence Rail-road May purchase
Corporation, are hereby authorized to purchase and hold, i!i\he"Bosion
or have held, for their benefit, any shares in the capital and Providence
stock of the Boston and Providence Rail-road and Trans- 'jvansponat^on
portation Company, a corporation established in and by the Company, to the
authority of the State of Rhode Island : provided, the whole ^'iso'm
amount, to be expended for the purchases aforesaid, shall
not exceed the sum of one hundred and fifty thousand dol-
lars. [Approved by the Governor, Feb. 7, 1846.]
12 1846.— Chap. 21—22.
Chap. 21, An Act concerning the Charlestown Branch Eail-road Company and the
■* * Fitchburg Rail-road Company.
Whereas, &LC. Whereas^ the Fitchburg Rail-road Company, in accordance
with the provisions of its charter, has purchased the rail-
road and all the corporate property of the Charlestown
Branch Rail-road Company, except the debts due to it,
and the land and flats in the vicinity of 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 :
Fitchburg Com- SECTION 1. The Fitcliburg Rail-road Company shall have,
tlTth^ power^ except as is hereinafter provided, all the powers and privil-
and liabilities eges, and be subject to all the duties, restrictions and liabili-
towif Branch' tics sct forth in the act passed on the ninth day of April, in
Company. the year one thousand eight hundred and thirty-six, entitled
An Act to establish the Charlestown Branch Rail-road Com-
pany, and in the several acts subsequently passed in addi-
tion thereto, or concerning, or in any wise relating to the
Charlestown Branch Rail-road Company, in as full and am-
ple manner as though the same powers and privileges, and
the same duties, restrictions and liabilities had been granted
to, or imposed upon the Fitchburg Rail-road Company.
Charlestown SECTION 2. The Charlestown Branch Rail-road Company
pany'^cont'inued IS hereby authorized to continue its existence as a separate
a corporation corporation, for the period of three years from the passage
for cenairpur- ^f this act, for the purpose of fulfilling its outstanding con-
poses, &c. tracts not assumed by the Fitchburg Rail-road Company, of
disposing of and conveying its remaining property, and of
settling and closing its concerns, and for these purposes only,
shall have all the corporate powers and privileges, and be
subject to all the duties, restrictions and liabilities, set forth
in the forty-fourth chapter of the Revised Statutes.
When to take SECTION 3. This act shall take eflect from and after its
passage, and the acceptance thereof by the two companies,
at legal meetings called for the purpose. [Approved by the
Governor, Feb. 7, 184G.]
ChcfP. 22. ■^'^ •A'^T i° addition to an Act to incorporate certain persons into a Company
* * by the name of the South Boston Association. Passed Jime 14, 1S05.
BE it enacted by tJie Senate and Uouse of Rejyresenta-
tives, ill General Court assembled, and by the authority of
the sam,e, as folloics :
Corporation An Act passed on the fourteenth day of June, in the year
JunelTth "i848. One thousand eight hundred and five, entitled An Act to in-
corporate certain persons into a Company by the name of
the South Boston Association, and all acts in addition there-
to, shall continue and be in force until the fourteenth day of
June, in the year one thousand eight hundred forty-eight.
[Approved by the Governor, Feb. 11, 1846.]
1846. Chap. 23—24. 13
An Act to reduce the Capital Stock of the Merrimack Bank in Haverhill. Chap. 23.
BE it enacted bij the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
Section 1. From and after the first day of April next, Capital maybe
the president, directors and company of the Merrimack ^i8o,ooo,*after
Bank, in Haverhill, are authorized to reduce their capital Aprii'i, 1846,
stock to the sum of one hundred and eighty thousand dol- ^Jnert&cT"'
lars : j^^ovidcd that no dividend of any part of the present shall have cer-
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, shall have certified in writing,
to the Governor and Council, after due examination, at the
expense of said corporation, that said corporation has suffi-
cient funds for the payment of all notes, bills, deposites, and
other demands existing against it, and, after payment thereof,
and the repayment to its stockholders, of any surplus in such
sum on each share of said stock, as may be repaid, in the
judgment of said commissioner, that the net sum of one hun-
dred and eighty thousand dollars will remain in said bank,
as capital stock in funds, available for all usual and proper
banking purposes.
Section 2. The reduction of the capital stock shall be Reduction to be
made by reducing the par value of the shares from onehun- J]]g'lhe''s^iaresTo
dred dollars to seventy-five dollars per share, and refunding p5, &c.
to the holders of stock, the surplus judged to be payable by
said com.missioner, in the manner before provided.
Section 3. From and after the said first day of April Tax to be lev-
next, previous to which time the said commissioner shall fore°tni Apriri,
make and deliver his certificate to the Governor and coun- 1845, and tin a
oil, as aforesaid, all the rights, duties and liabilities of the sit"inmve're'^-
said corporation shall have relation to, and be governed by, ported.
said reduced capital stock of one hundred and eighty thous-
and dollars, and until the said first day of April next, and
until the said certificate shall have been made and delivered,
as aforesaid, the said corporation shall pay into the treasury
of the Commonwealth the tax required by law, to be paid
on the present capital stock of said bank ; and nothing con-
tained in this act shall be construed to aflect 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.
Section 4. This act shall take efi'ect from and after its When to take
passage. [Approved by the Governor, Feb. 12, 1846.] ^ ^^^'
An Act to incorporate the Fitchburg Savings Bank. ChciX). 24<.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Francis Perkins. Nathaniel Wood, John T. Farwell, their Tcrsons incor-
T ' 111 , • 1 porated in
associates and successors, are hereby made a corporation, by FUchbuig.
H 1846. Chap. 24—26.
the name of the Fitchburg Savings Bank, to be estabUshed
in the town of Fitchburg, in the county of Worcester; with
all the powers and privileges, and subject to all the duties,
liabilities and restrictions, set forth in the thirty-sixth chap-
ter of the Revised Statutes, and in the forty-fourth chapter
of the acts passed in the year one thousaud eight hundred
and forty-one, and in all other laws of this Commonwealth,
relating to institutions for savings. [Ajjproved by the Gov-
ernor, Feb. 12, 1846. J
Chop, 25. -^^ -'^CT to incorporate the Agawam Bank.
BE it enacted by the Senate and Hoi/se of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Chester W. Chapin, Addison Ware, Edmund
bankers tn Frccmau, their associates and successors, are hereby made
Springfield tjii a Corporation, by the name of the President, Directors and
t o er , oo . Qoi-npaiiy of the Agawam Bank, to be located within twen-
ty-five rods north or south of the Western Rail-road, in the
town of Springfield, in the county of Hampden, and shall
so continue until the first day of October, in the year of our
Lord one thousand eight hundred and fifty-one ; and shall
be entitled to all the powers and privileges, and be subject
to all the duties, restrictions and liabilities, set forth in the
public statutes of this Commonwealth, relative to banks and
banking.
Stock transfera- SECTION 2. The stock of Said bank shall be transferable
hou^e, &c""^ oJ^ly ^t its banking house and in its books.
Capiiaitocon- SECTION 3. The Capital stock of said corporation shall
sist ofj^iooooo, consist of one hundred thousand dollars, to be divided into
in shnres of , ^ , i i i 1 1 ■ i • i • i •
^100, &c. snares 01 one hundred dollars each, to be paid in such in-
stalments, and at such times, as the stockholders may direct ;
Provided, &c. provided the whole be paid in within one year from the day
of the passage of this act. [Approved by the Governor, Feb.
12, 1846. J
Chct7) 26 "^"^ '^^^ *° incorporate the East Florida Serpentine Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Isaac Hodgcs, Erastus Ricc, Jerome B. Jack-
porated, gQj-,^ their associates and successors, are hereby made a cor-
poration, by the name of the East Florida Serpentine Com-
to quarry and pauy, for the purposes of quarrying and working serpentine
b Florida?"''"^ in the town of Florida, county of Berkshire, with all the
powers and privileges, and subject to all the duties, restric-
tions and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Estate not to SECTION 2. Said Corporation may hold real and personal
exceed ^50,000, ggtatc, necessary and convenient for the purposes aforesaid,
1846. Chap. 26—29. 15
not exceeding in value fifty thousand dollars. [Approved
by the Governor, Feb. 12, 1840.]
An Act to incorporate the Mechanics Mutual Aid Society. ClldT). 27.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Henry Bakewell, George Bartlett, Z. E. Co- Persons incor-
vel, H. G. Blaisdell, their associates and successors, are p°''^^^'^'
hereby made a corporation, by the name of the Mechanics
Mutual Aid Society, for the purpose of securing to each *» secure aid,
member in times of sickness, reliable pecuniary aid from aies'anefiheir'
funds raised by stated mutual contributions, and at death a widows,
respectable interment, together with aid and relief to his
widow, if he shall leave any.
Section 2. The said corporation may take and hold, for Estate not to
the purposes aforesaid, real or personal estate, or both, to an exceed gi5,ooo.
amount not exceeding fifteen thousand dollars, and shall
have all the powers and privileges, and be subject to all the
duties, liabilities and restrictions, set forth in the forty-fourth
chapter of the Revised Statutes. [Ajyproved by the Gover-
nor, Feb. 12, 1846.]
An Act to incorporate the Real Estate Mutual Fire Insurance Company. P/ini'i 28
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the aiuhority of
the same, as foUoics :
Lemuel Blake, John Redman, Ebenezer Sears, their as- Persons incor-
sociates and successors, are hereby made a corporation, by por^'^ted in Bos-
the name of the Real Estate Mutual Fire Insurance Com- ri'sks°inWassa-
pany, in the city of Boston, in the county of Sufiblk, for chusetts for 28
the term of twenty-eight years, for the purpose of insuring mmuai°prin-*'
dwelling-houses and other buildings, throughout the Com- ^'pie.
monwealth, against loss by fire, 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. [Approved by the Gover-
ner, Feb. 12, 1846.]
An Act to incorporate the Wareham Cotton Mill. C^hnn 29
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Section 1. Charles L. Hayward, Willard Wood, Com- Persons incor-
fort Bates, their associates and successors, are hereby made po'^'^'ed,
a corporation, by the name of the Wareham Cotton Mill,
for the purpose of manufacturing cotton goods in the town to manufacture
of Wareham, County of Plymouth, and for this purpose warehfm"''' '"
shall have all the powers and privileges, and be subject to
all the duties, restrictions and liabilities, set forth in the
16 1846. Chap. 29—32.
thirty-eighth and forty-fourth chapters of the Revised Stat-
utes.
Real estate not SECTION 2. Said Corporation, for the purpose aforesaid,
to ^xc^ed Yna-Y hold real estate not exceeding in value twenty thou-
capitai stock sand dollars, and the whole capital stock shall not exceed
^50,000. fifty thousand dollars. [Approved by the Governor, Feb.
12, 1846.]
ChciJ). 30. ■'^'^ ''^^''^ *° incorporate the Agawam Mutual Fire Insurance Company.
BB it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor^- Abraham D. Wait, Alfred M. Farley, William Foster
wch to insure Wade, Jr., their associates and successors, are hereby made
fire risks in Mas- a Corporation, by the name of the Agawam Mutual Fire In-
ss'^years/on the suraucc Company, in the town of Ipswich, in the County of
mutual priu- Esscx, for the term of twenty-eight years, for the purpose
*^'^^' of nisuring dwelling-houses and other buildings, and person-
al 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. 12, 1846.]
Chnn SI -^^ -^'^'^ giving further time to the President, Directors, and Company, of the
K^IUljJ. Ol. Bank of Norfolk to close their concerns.
BE it etiacted 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
Aprh^i^mi. 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-six, 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 Govetmor, Feb. 12,
1846.]
Chnn S2 -^^ -^^"^ relating to the Providence and Worcester 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 :
Section 1. The Providence and Worcester Rail-road
Company, a corporation established by the General Court
of this Commonwealth, by an act passed the twelfth day of
March, in the year one thousand eight hundred and forty-
four, and the Providence and Worcester Rail-road Com-
pany, a corporation established by the General Assembly
of the State of Rhode Island and Providence plantations,
at its May session, in the year one thousand eight hundred
1846. Chap. 32— 34. 17
and forty-four, having been united according to the provi-
sions of their respective charters, and constituting one cor-
poration by the name of the Providence and Worcester
Rail-road Company ; from and after the acceptance of this Each stockhoid-
act, as hereinafter provided, at all meetings of said united er m umied cor-
• I 1.11 1111 -11 poration to have
corporation, each stockholder shall be entitled to one vote a vote for every
for every share of the capital stock of said company owned ^^^^f. ""l^"' .
by him not exceeding fifty shares, and one vote for every a vote for every
twenty shares more than fifty, owned by him : provided, ^P ^'^a'^es addi-
that no stockholder shall be entitled to vote upon more than . '
one fourth part of the whole number of shares of the capital nonstockholder
stock of said company ; and no stockholder shall be entitled ^i^^" ^ave any
to a greater proportion of votes than is herein provided, any ui°an o^ne'qua^-
thing in the act establishing the Providence and Worcester ^e"" p^^^ °' t^e
Rail-road Company, passed by the General Court of this o^f shar'es'"&c.
Commonwealth, on the twelfth day of March, in the year
one thousand eight hundred and forty-four, or in the law
regulating voting in rail-road corporations in this Common-
wealth, to the contrary notwithstanding.
Section 2. The time within which said corporation shall i]™^ ^°'" ^°™-
complete their rail-road, within this Commonwealth, is extenfeTto
hereby extended to the twelfth day of March, in the year March i2th,
one thousand eight hundred and forty-eight.
Section 3. This act shall take effect on the day, and not When to take
before, when the same shall be accepted by said united cor- ^^^^^'
poration at a meeting duly called for that purpose. [Ap-
proved by the Governor, Feb. 14, 1846.]
An Act to authorize Darius Weeks to build a Wharf in Harwich. Chfin 33
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Darius Weeks is hereby authorized to build and maintain Wharf may be
a wharf, extending three hundred feet into the sea, from ^"J.^'^^^'^'
land owned by him, in the town of Harwich, near a place '
called Deep Hole, and to lay vessels at said wharf, and re-
ceive wharfage and dockage therefor : provided, this act Provided, &c.
shall in no wise affect the legal right of any other persons
whatever. [Approved by the Governor, Feb. 14, 1846.]
An Act to increase the Capital Stock of the Hamilton Woollen Company, (^hnn ^A
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
The Hamilton Woollen Company are hereby authorized Capital stock
to increase their capital stock to an amount not exceeding I^JeLed loan
one million of dollars, and to invest such increase, in real amount not
and personal estate, as may be necessary and convenient ffYooo|o§o.
for carrying on the operations of said corporation. [Ap-
proved by the Governor, Feb. 14, 1846.]
3
18
1846.-
■Chap. 35—36.
Chap. Sb.
Time for elec-
tion of city
officers.
Time for enter-
ing upon and
holding office.
Number of
aldermen.
Surveyors of
highways.
Adjournments
of meeting for
election ot
ward officers,
&c., in case of
failure to elect.
First and second
sections, when
to take effect.
An Act to amend the Charter of the City of Lowell.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The time for the election of mayor, alder-
men, common council men and school committee men, of
the city of Lowell, shall hereafter be the second Monday of
December annually, instead of the time heretofore by law
prescribed.
Section 2. The mayor, aldermen, common council men,
and school committee men, of said city, shall hereafter enter
upon the duties of their respective offices on the first Mon-
day of January, annually, and shall hold their offices for
the term of one year thereafter.
Section 3. The number of aldermen hereafter to be
elected in each year, in said city, shall be eight instead of
six, as heretofore prescribed.
Section 4. The city council of said city may annually
elect any number not exceeding three, of surveyors of high-
ways, who shall have all the powers, and be subject to all
the duties and liabilities, that are by law prescribed in re-
gard to the surveyors of highways of the towns of this
Commonwealth.
Section 5. Whenever, at any ward meeting held in said
city for the election of any ward officers, common council
men, or school committee men, or any of them, it shall be
found, on counting and declaring the votes, that there has
been a failure to elect any one or more of such officers, the
meeting may adjourn for a term not exceeding three days
in order to complete such election ; and in case of a failure
to complete the election, at such adjourned meeting, there
may be additional adjournments, from time to time, not
exceeding three days at any one time.
Section 6. The first and second sections of this act
shall take effect on the first day of May next, and not ear-
lier. [Approved by the Governor, Feb. 14, 1846.]
Chap. 36.
Persons incor-
porated,
to manufacture
and sell gas in
Boston.
An Act to incorporate the Tremont Gas Light 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 :
Section 1. Thomas Thacher, .Tohn L. Dimmock, Si-
mon W. Robinson, their associates and successors, are here-
by made a corporation, by the name of the Tremont Gas
Light Company, for the purpose of manufacturing and
vending gas in the city of Boston and vicinity, with all the
powers and privileges, and subject to all the duties, restric-
tions, and liabiUties, set forth in thirty-eighth and forty-
fourth chapters of the Revised Statutes.
1846. Chap. 36—37. 19
Section 2. Said corporation, for the purposes aforesaid, ^^^1^^^^^*® "°*
may hold real estate not exceeding in value two hundred g2'^,ow), and
thousand dollars, and the whole capital stock of said cor- gQ^QQQ*"^^
poration shall not exceed five hundred thousand dollars. ^ '
Section 3. Said corporation, with the consent of the ^^^^''J'^" ^''^
mayor and aldermen of said city of Boston, shall have streets, &c. to
power and authority to open the ground in any part of the lay and repair
^ , 1 , • 1 • -1 •, f ,^ /. pipes With con-
streets, lanes, and highways, m said city, tor the purpose ot sent of the
sinking and repairing such pipes and conductors as it may mayor and ai-
be necessary to sink for the purpose aforesaid ; and the said prmld'edj &c.
corporation, after opening the ground in said streets, lanes,
or highways, shall be held to put the same again in repair,
under the penalty of being prosecuted for a nuisance : pro-
vided, that the said mayor and aldermen, for the time being,
shall at all times have the power to regulate, restrict, and
control the acts and doings of said corporation, which may
in any manner affect the health, safety or convenience of
the inhabitants of said city. [Approved by the Governor,
Feb. 14, 184G.]
An Act to incorporate the Lowell Gas Company. CJltt'D 37
BE it enacted by tJie Senate and Hoitse of Representa-
tives, in General Court assembled, and, by the authority of
the same, as follows :
Section 1. Samuel Lawrence, Seth Ames, Ransom Reed, Persons incor-
their associates and successors, are hereby made a corpora- p°''^'^''>
tion, by the name of the Lowell Gas Company, for the pur- to manufacture
pose of manufacturing and selling gas in the city of Lowell, Loweul^^'"
county of Middlesex; with all the powers and privileges,
and subject to all the duties, restrictions, and liabilities, set
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes,
Section 2. Said corporation may hold, for the purposes Real estate not
aforesaid, real estate not exceeding in value one hundred ^2,^(^^^
thousand dollars, and the whole capital stock of said cor- capital stock
poration shall not exceed three hundred thousand dollars. ^300,ooo.
Section 3. Said corporation, with the consent of the May open the
mayor and aldermen of said city of Lowell, shall have S'"''""^ •"
. strGGls occ* to
power and authority to open the ground in any part of the lay and repair
streets, lanes and highways in said city, for the purpose of pipes, with the
• !• -i •• I* 1 1, •, consent ot in©
sinking and repairing such pipes and conductors as it may mayor and ai-
be necessary to sink for the purpose aforesaid ; and the ^'''"?^* , „
said corporation, after opening the ground in said streets, ^°^'^ ^ '
lanes or highways, shall be held to put the same again into
repair, under the penalty of being prosecuted for a nuisance:
provided, that the said mayor and aldermen, for the time
being, shall at all times have the power to regulate, restrict
and control the acts and doings of said corporation, which
may in any manner affect the health, safety or convenience
of the inhabitants of said city.
20 1846. Chap. 37—40.
T*the*'wo^rks"a' SECTION 4. If Said Corporation shall not, within three
Lot compLted^^ years from the passage of this act, have erected their works
&c., within and become prepared to manufacture gas for lighting streets
t ree years. ^^ buildings in Lowell, this act shall be void. [Approved
by the Governor, Feb. 14, 1846.]
C^hflT) SR -^"^ -^^"^ ^^ authorize Stephen Hilliard to extend his Wharf.
BE it enacted by the Senate and House of Representa-
tives, iti General Court assembled, and by the authority of
the same, as follows :
Wharf in Pro- Stephen Hilliard is hereby authorized to extend and main-
be°extended to ^^^^^ ^^^ wharf uow owucd by him and adjoining his land
low water mark, in Proviucetown, iuto the harbor of said Provincelown, to
^'^' low water mark at the lowest tides: and shall have the
right to lay vessels at the end and sides of said wharf, and
Provided, &c. rcccive dockage and wharfage therefor ; provided this grant
shall not in any manner interfere with the legal rights of
any persons whatever. [Ajiproved by the Goveimor, Feb.
14, 1846.]
ChctV. 39. -^^ •^'^^ ^^ incorporate the East Boston Manufacturing Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the satne, as folloios :
Persons incor- SECTION 1. Thomas G. Wclls, C. J. F. Binucy, A. C.
porate , Lombard, their associates and successors, are hereby made
a corporation, by the name of the East Boston Manufactur-
to manufacture iug Company, for the purpose of manufacturing lard, oil
lard oil and ^^^^ caudles ill that part of the city of Boston, called East
Boston. Boston, in the county of Suffolk : and for these purposes
shall have all the powers and privileges, and be subject to
all the duties, restrictions and liabilities, set forth in the thir-
ty-eighth and forty-fourth chapters of the Revised Statutes.
Estate not to ex- SECTION 2. Said corporation may hold such real and per-
ceed ^100,000. g^j^^l estate as may be necessary and convenient for the
purposes aforesaid, not exceeding in amount one hundred
thousand dollars. [Approved by the Governor, Feb. 14,
1846.]
Chap. 40. -^^ -^^"^ *° limit Writs of scire facias against Trustees.
BE if enacted by the Senate and House of Representa-
tives, in General Court assembled, ayid by the authority of
the same, as follows :
Writ of scire SECTION 1. ^o \\rx\t oi scirc facitts shall be maintained
"be^served ' *° agaiust any persoii adjudged trustee in process of foreign
against trus- attachment, unless served upon him within two years after
tees withm two ^j^g rendition of judgment in the original suit ; provided that,
years, &c. ./. ,, "^ i i • t ^ ° , . ' ■', . . ,'
Provided &c " ^^^ moucy or Other thing due from him to the principal
defendant, is not payable when said judgment is rendered,
1846. Chap. 40—42. 21
said writ may be maintained, if served within one year af-
ter said money or other thing shall become payable.
Section 2. This act shall not apply to any writ of scire Actnot to apply
facias now pending, or that shall be issued and served with- p°e,^7ng orTssu-
in one year after the passage thereof. [Approved by the ed and served
Governor, Feb. 14, 1846.] within one year.
An Act to incorporate the Trustees of the Second Methodist Episcopal Church Qfiap, 41 .
in 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 :
Section 1. William Jenkins, William Hart, Samuel Dan- Persons incor-
ham, James Macy, Henry S. Coffin, Elisha Smith, George ^°'^'^^-
Bowen, Caleb W. Field and Owen C. Spooner, their associ-
ates and successors in office, are hereby made a corporation,
by the name of the Trustees of the Second Methodist Epis-
copal Church in Nantucket : with all the powers and privil-
eges, and subject to all the duties and liabilities, set forth in
the forty-fourth chapter of the Revised Statutes, so far as
they are applicable.
Section 2. Said corporation shall have power to receive, May hold prop-
hold and manage, all the property, both real and personal, fnY/ust^fofpar-
belonging to said church, and any gift, grant, bequest, or ochiaf purposes
donation, that may be made to them for the benefit of said ^°JJ'}inI"anTn-
church, shall be held in trust for the support and mainte- come n1)t ex-
nance of public worship, and other parochial purposes : pro- gxclusiv/l'tc^'
vided, that the annual income arising from such estate, shall
not exceed one thousand dollars, in addition to the meeting-
house and land under and adjoining.
Section 3. The number of trustees shall, at no time, be Number of trus-
less than five, or more than nine, a majority of whom shall ceed nhLlno^r^'
constitute a quorum for doing business; and all vacancies be less than five,
that may happen from death, resignation or otherwise, shall
be filled according to the rules and usages of said church.
Section 4. This act shall take effect from and after its When to take
passage. [Approved by the Governor, Feb. 14, 1846.] ^^^'^^'
An Act to authorize the Boston Steam Flour Mill Company to hold addi- phr,n A9
tional Keal Estate. i-'/ta/v. '*^.
BE it enacted by the Senate and House of Representa-
tives, in General Court asseinbled, and by the authority of
the same, as foUoivs :
The Boston Steam Flour Mill Company are hereby au- May hold addi-
thorized to take and hold additional real estate, necessarv »'""»' real es-
1 . ^ , /- 1 ■ 1 • 1 ■ Vdle, the whole
and convenient lor the purposes lor which said corporation amount invested
was created : provided, that the whole amount invested in 'herein no^o
real estate shall not exceed one hundred and fifty thousand ooa*^' '
dollars. [Approved by the Governor, Feb. 14, 1846.]
22 1846. Chap. 43— 45.
ChttV. 43. ^^ ■^'^'^ ^° incorporate the Bradford Flax Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. William Perry, S. B. Swett, William Perry,
porated, Jr., their associates and successors, are hereby made a cor-
poration, by the name of the Bradford Flax Company, for
to manufacture the purposc of manufacturing thread, twine and other arti-
&CmBrad-' clcs, from flax and hemp, in the town of Bradford, in the
ford. 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.
Estate not to ex- SECTION 2. Said corporatiou may hold real and personal
ceed ^100,000. estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount one hundred thousand dollars.
[App?'oved by the Governor, Feb. 14, 1846.]
Chat) 44 "^^ ^'^^ *° incorporate the Dane Manufacturing Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the savne, as follows :
Persons incor- SECTION 1. Augustiue Heard, Thomas Lord, Edmund
porated, Kimball, Jr., their associates and successors, are hereby
made a corporation, by the name of the Dane Manufactur-
to manufacture iug Company, for the purpose of manufacturing cotton
cotton goods in goods iu the town of Ipswich, county of Essex; with all
the powers and privileges, and subject to all the duties, re-
strictions and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
Real estate not SECTION 2. Said Corporation may, for the purpose afore-
ooo^and'lapUai ^^^^i ^'^^^ ^^^^ estate, uot exceeding in value fifty thousand
stock ^100,000. dollars, and the whole capital stock shall not exceed one
hundred thousand dollars. [Approved by the Governor,
Feb. 14, 1846.]
Chftn 4^ ^^ "^^^ concerning Manufacturing Corporations.
BE it enacted by the Senate and House of Represerda-
t'lves, in General Court assembled, and by the authority of
the same, as folloios :
Shares transfer- SECTION 1. Any sharcs in manufacturing corporations
hisuument'^' &c. ^^^7 t»e transferred by the proprietor thereof, by an instru-
ment in writing, under his hand, recorded by the clerk of
the corporation in a book to be kept for that purpose ; and
the purchaser named in such instrument, so recorded, shall,
on producing the same to the treasurer, and delivering to
him the former certificate, be entitled to a new certificate.
Repeal of pre- SECTION 2. That part of the twelfth section of the thirty-
vious provision, eighth chapter of the Revised Statutes which requires the
1846. Chap. 45—48. 23
transfer of shares to be by deed, under seal, and acknowl-
edged before some justice of the peace, is hereby repealed.
Section 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, Feb. 16, 1846.] ®^®*^'*
An Act to incorporate the Leicester Water Power Company. ChcLV' 46.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Thomas Bottomly, Albert Curtis, Josiah Persons incor-
Rice, their associates and successors, are hereby made a p°'^^^ >
corporation, by the name of the Leicester Water Power
Company, for the purpose of creating a reservoir of water to create a res-
for operating their respective mills, by constructing and byTuiidi^^T
maintaining a dam across Kettle Brook, at or near the out- dam, &c.
let of the Waite meadow, in Leicester; 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.
Section 2. Said corporation may purchase and hold real ^^^' ^^'a* «^o'
estate, and rights therein for the purposes aforesaid, not ooo^aTd per- '
exceedincr the sum of ten thousand dollars, and personal sonai estate
^2 000
estate not exceeding two thousand dollars : provided, alivays, Provided, &.c.
that this act shall not be construed to impair the rights of
others in relation to said brook, or the lands which may be
overflowed and damaged by means of such dam and reser-
voir. [Approved by the Governor, Feb. 17, 1846.]
An Act to increase the Capital Stock of the Massachusetts Cotton Mills. Chcip. 47.
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 Massachusetts Cotton Mills are hereby authorized to Capital stock
increase their capital stock, by an addition not exceeding "'cTby^addin^g^'
five hundred thousand dollars ; and to invest such increase S50o,ooo, to
in real and personal estate, as may be necessary and con- ''nreaUiKf per-
venient for carrying on the business of said corporation, sonai estate.
[Approved by the Governor, Feb. 17, 1846.]
An Act to enable the Manufacturing Corporations established at Lowell, in Ch(tV' 48.
the county of Middlesex, to own and improve the Water Power used by ^
them.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assem,bled, and by the authority of
the same, as folloios :
Section 1. The Merrimack Manufacturing Company,
Hamilton Manufacturing Company, Appleton Company,
Suffolk Manufacturing Company, Tremont Mills, Lawrence
Manufacturing Company, Lowell Manufacturing Company,
Boott Cotton Mills, Middlesex Company, Massachusetts
24 1846. Chap. 48—50.
Corporations Cotton Mills, Prescott Manufacturing Company, and the
alTcJiIdd^the^ Lowell Machine Shop, are, and each of them is hereby,
capital stock of empowered to purchase and hold the capital stock of the
I)f\^ocTs"aid'' Proprietors of Locks and Canals on Merrimack River, in
Canals. such amounts as the said corporations, or each of them,
Provided, &c. shall think fit. But nothing herein contained shall in any
way affect the duties and obligations of the said Proprietors
of Locks and Canals on Merrimack River.
Votes of several SECTION 2. Eacli of the Said manufacturing corporations
equa7to"shares Hiay, at all Corporate meetings of the said Proprietors of
of capital stock, the Locks and Canals on Merrimack River, by their agent
duly appointed for such purpose, cast as many votes as such
corporation shall own shares of the capital stock of the said
Officers to be Proprietors; and all officers of the said Proprietors of the
not, as°shai!i be Locks aud Cauals may bc Stockholders iu that corporation,
determined, &c. or Otherwise, as shall be thought best by the stockholders of
such last named corporation.
Corporations SECTION 3. The couscnt of tliis Commouwealth is hereby
money'm'im- givcu that the Said manufacturing corporations, and each of
proving water them, may expend such sums, as to them and each of them
iii'thrpurchas"e ^^^Y sccm proper, in improving the water power of the said
of property in rivcr ; and that for this purpose the said corporations, and
Hampshire. gj^^|^ ^^ them, may acquire by purchase and hold such real
and personal property, in the State of New Hampshire, as
the said state may hereafter authorize and empower them,
and each of them, to acquire and hold. [Appi-oved by the
Governor, Feb. 17, 1846.]
Clldl). 49. ■^'^ -^^^ respecting the Yearly Abstracts of the Returns of Savings Banks.
BE it enacted by the Senate aiid House of Representa-
tives, in General Court assembled, and by the aiithorily of
the same, as folloios :
Secretary to '|'j-jg Secretary of the Commonwealth, after he shall have
prmt^ab-^" received the returns from the several Savings Banks, as pro-
stractsofre- vidcd iu the thirty -sixtli chapter, eighty -second section of
' ■ the Revised Statutes, shall, as soon as may be, cause to be
prepared and printed, suitable abstracts of the same, to be
submitted to the Legislature at the next session thereof.
[Approved by the Governor, Feb. 17, 1846.]
ChciV 50 "^^ ■^'^^ concerning the City of Boston.
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 :
Ratification of^ SECTION 1. All and singular the acts and doings of the
absence°of'the^ hoard of aldermen of the city of Boston, or of the chairman
riavorini845 thcrcof, duriug the year one thousand eight hundred and
an )84b. forty-fivc, and one thousand eight hundred and forty-six,
purporting to have been official acts and doings on behalf of
said city, in the absence of the mayor thereof, and which
1846. Chap. 50— 51. ' 25
might have been legally done and performed by said mayor
alone, or by said mayor and aldermen together, whether in
relation to any deeds, leases, agreements, indentures or as-
surances, drafts on the city treasury, or any other matter or
thing within the official powers and duties of the said mayor
alone, or said mayor and aldermen together ; and whether
by concurrent vote with the common council or otherwise,
shall be deemed to have, and shall have the same force and
effect, to all intents and purposes, as if said acts and doings
had been done and performed by said mayor alone, or by
said mayor and aldermen together.
Section 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, Feb. 19, 1846.] ^ ^*^'*
An Act to establish the Adams and Bennington Rail-road Corporation. ChcLT) 51
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled^ and by the aiithority of
the same, as folloivs :
Section I. Thomas Robinson, William E. Bray ton and Persons incor-
John A. Brown, their associates and successors, are hereby P*""^^® •
made a corporation, by the name of the Adams and Ben-
nington Rail-road Corporation, with all the powers and
privileges, and subject to all the duties, liabilities and re-
strictions, contained in the forty-fourth chapter of the Re-
vised Statutes, and in that part of the thirt]/- -ninth chapter
of said Statutes, which relates to rail-road corporations, and
in the public statutes subsequently passed relating to such
corporations.
Section 2. Said corporation is hereby authorized to lo- Location of the
Gate, construct and maintain a rail road, with one or more ^°^'^-
tracks, from the northern termination of the Pittsfield and
North Adams Rail-road, in the town of Adams, to the line
of the State of Vermont, in the direction towards Benning-
ton, in said State; passing from said Pittsfield and North
Adams Rail-road northwesterly and northerly, along or near
the valley of the Hoosuc River, near the Centreville Factory
in said Adams, and in the most convenient and suitable di-
rection through a part of the town of Williamstown, to the
line of the State of Vermont, at a convenient point, to unite
the same with the Western Vermont Rail-road to be con-
structed from said State line through Bennington to Rut-
land in said State.
Section 3. The capital stock of said corporation shall ^^P'**! stock
consist of not more than two thousand shares, the number gMOfioo, in
of which shall be determined, from time to time, by the di- ^^^'^^^ °^ ^loo.
rectors thereof, and no assessment shall be laid thereon of a
greater amount in the whole than one hundred dollars on
each share.
Section 4. If the location of said rail-road be not filed T'""^ '"^'^ '<'<=^-
according to law within three years from the first day of preUon of road.
4
26
1846.-
-Chap. 51.
May unite with
the Pittsfield
and North Ad-
ams Rail-road.
Provided, &c.
The Legislature
may authorize
its use by any
other company.
Provided, &c:
The Legislature
may reduce tolls
and profits after
five years.
Provided, &c.
May transfer
propert}', &c.,
to the Pittsfield
and North Ad-
ams Rail-road
Corporation.
The two corpo-
rations, when
united, may
unite with the
Western Ver-
mont Rail-road
Company.
April next, or if the said rail-road shall not be completed
within four years from said first day of April, then this act
shall be void.
Section 5. The said corporation may unite the track of
their road, by proper turnouts and switches, with the track
of the said Pittsfield and North Adams Rail-road, at or near
their station in said North Adams, paying all the expenses
of such union : 'provided the same shall be at a place and in
a manner not to obstruct the convenient and beneficial
use of said Pittsfield and North Adams Rail-road, or to in-
terfere with any of their buildings or fixtures.
Section 6. The Legislature may authorize any other
rail-road corporation, at their own expense, to unite the
tracks of another rail-road with the tracks of said Adams
and Bennington rail-road, at any point thereof, by proper
turnouts and switches : provided the same shall not obstruct
the convenient and beneficial use of said Adams and Ben-
nington Rail-road, or interfere with any of their buildings
or fixtures.
Section 7. 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 rates of fare,
or other profits upon that part of said rail-road within this
State ; but the same shall not be so reduced, without the
consent of said corporation, as to produce with said profits
less than ten per cent, per annum.
Section 8. The said corporation may transfer their rights,
privileges, franchises and property under this charter, to the
said Pittsfield and North Adams Rail-road Corporation,
which corporation is authorized to receive and hold the
same, whenever the stockholders in the said corporation
shall so determine, at a legal meeting called by them re-
spectively for such purpose ; and, in that case, the capital
stock of the said Pittsfield and North Adams Rail-road Cor-
poration may be increased to an amount not exceeding the
sum of the joint capital of both corporations.
Section 9. The said Adams and Bennington Rail-road
Corporation, or the said Pittsfield and North Adams Rail-
road Corporation, after the transfer made, as provided in
the preceding section, may unite with the Western Vermont
Rail-road Company, a corporation created by the Legisla-
ture of the State of Vermont for the construction of the
whole or a part of a rail-road, from the south line of said
State of Vermont, to the town of Rutland, in said State, by
votes of the stockholders of both corporations ; and, when
the said corporations shall be so united, the stockholders of
one corporation shall become stockholders in the other, and
the said two companies shall constitute one corporation, un-
der the name of the Western Vermont and Massachusetts
Rail-road Company, with a capital not exceeding the amount
1846. Chap. 51—52. 27
of the joint capital of both corporations ; and all the fran-
chises, rights, powers, privileges and property granted to, or
held, by either of said corporations, under the authority of
said States respectively, shall be held and enjoyed by all the
said stockholders in proportion to the amount of property or
interest held by them in either or both of said corporations.
Section 10. After said union, one or more of the direc- One officer of
tors, or other officers of said new corporation, shall, at all !fffersuchm!ion'
times, be a resident in this State, on whom processes against must be an in- '
said company, and notices to the same, may be legally sachuseu's'^^^'
served ; and said corporation shall be held to answer within
the jurisdiction where the service is made and the process is
returnable.
Section 11. The said corporation shall keep separate ac- Separate ac-
counts of their expenditures in each State, and two commis- sioner^s of 'elT-'^"
sioners shall be appointed, one by the governor of each penditures, re-
State, to hold their offices for the term of four years, and fits''&.^ce^[ifi".
to be reasonably compensated by said corporation, who shall cates, reports,
decide what proportion of all the expenditures of said cor- '^'=-
poration, and of their receipts and profits properly pertain
to that part of the road lying in each State respectively ;
and their certificate thereof shall be annexed to the annual
report required to be made to the Legislature of this State ;
and said annual report shall be approved by said commis-
sioners.
Section 12. Said corporation and the stockholders there- Liabilities of
in, so far as their road shall be situated in this State, shall the corporation
be subject to all the duties and liabilities of the Adams and "eitsf ^^^^ *'^'
Bennington Rail-road Corporation, created by the provisions
of this act, and the laws of this State, to the same extent
that the said Adams and Bennington Rail-road Corporation
would have been if no union had taken place. [Ajjpi^oved
bij the Governor^ Feb. 24, 1846.]
An Act concerning Wilful and Malicious Injuries to Personal Property in (^hfjn fJO
certain cases. 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 :
Section 1. Every person who shall wilfully and mali- Malicious injury
ciously destroy or injure the personal property of another exc^eTdingVe"^
person, in any manner or by any means, not particularly value of fifteen
described or mentioned in the one hundred and twenty-sixth abilTy mpr^-
chapter of the Revised Statutes, shall, when the vahie of onment, &c.,
the property so destroyed or injured, or the injury occa- °''^''^'<^o-
sioned to the same, shall not be alleged to exceed the sum
of fifteen dollars, be punished by imprisonment in the
county jail or house of correction, not more than thirty
days, or a fine not exceeding fifteen dollars. Ma^strates
Section 2. Every justice of the peace shall have juris- havingjurisdic-
28
1846.-
■Chap. 52—55.
Provided, &c.
Chap, 53.
Persons incor-
porated,
to manufacture
cotton, wool or
flax, and to
bleach, &c., in
Danvers.
Real estate not
to exceed
$60,000, and
capita! stock
$200,000.
Chap. 54.
Capital stock
may be in-
creased by add-
ing $100,000.
Chap. 55.
Persons incor-
porated,
to manufacture
lead in Salem
and Marble-
head,
diction, concurrent with the Court of Common Pleas, in his
county, and the Police Court of the city of Boston shall
have jurisdiction, concurrent with the Municipal Court, of
the aforesaid offence : provided, however, that the party
convicted before such justice or Police Court, shall have the
right to a trial by jury on his appeal, as in other like cases.
[Approved by the Governor, Feb. 24, 1846.]
An Act to incorporate the Foster Mills.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Theophilus W, Walker, Nathaniel Walker,
Elijah Upton, their associates and successors, are hereby
made a corporation, by the name of the Foster Mills, for
the purpose of manufacturing goods of cotton, wool or flax,
and for bleaching, dyeing, and finishing such goods, in the
town of Danvers, in the county of Essex, with all the
powers and privileges, and subject to all the duties, restric-
tions, and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Section 2. Said corporation may, for the purposes afore-
said, hold real estate not exceeding in value sixty thousand
dollars, and the whole capital stock of said corporation
shall not exceed two hundred thousand dollars. [Approved
by the Governor, Feb. 26, 1846.]
An Act to increase the Capital Stock of the Beaman Manufacturing 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 :
The Beaman Manufacturing Company is hereby author-
ized to increase its capital stock, by adding thereto one hun-
dred thousand dollars ; and to invest the same in such real
and personal estate as may be necessary and convenient for
carrying on the business of said corporation. [Approved
by the Governor, Feb. 26, 1846.]
An Act to incorporate the Forest Kiver Lead Company.
BE it enacted by the Senate and House of Representa-
tives, iti General Court assembled, and by the authority of
the same, as folloim :
Section 1. William Henry Chase, Benjamin Howard,
Elijah D. Brigham, their associates and successors, are
hereby made a corporation, by the name of the Forest River
Lead Company, for the purpose of manufacturing lead, in
its various branches, in the city of Salem, and in the town
of Marblehead, in the county of Essex ; with all the powers
and privileges, and subject to all the duties, restrictions,
1846. Chap. 55—57. 29
and liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Section 2. Said corporation may, for the purposes afore- Real estate not
said, hold real estate not exceeding in value one hundred $ioo,ooo'and
thousand dollars, and the whole capital stock of said cor- capital stock
poration shall not exceed two hundred thousand dollars. ®20o,ooo.
[Approved by tlie Governor, Feb. 26, 1846.]
An Act to incorporate the Trustees of the First Methodist Episcopal Church nhnv) 56
in East Boston. -T* *
BE it enacted hy the Senate and Honse of Representa-
tives, in General Court assembled, and hy the authority of
the same, as follows :
Section 1. Ebenezer Atkins, John Atkins, Amasa Dex- Persons incor-
ter, Sumner F. Barrett, John Penniman, Salmon Gould, porated.
and Amos Russell, their associates and successors in office,
are hereby made a corporation, by the name of the Trus-
tees of the First Methodist Episcopal Church in East Bos-
ton, with all the powers and privileges, and subject to all
the duties and liabilities, set forth in the forty-fourth chap-
ter of the Revised Statutes, as far as they are applicable.
Section 2. The said Trustees are hereby vested with Trustees may
full power to take and hold all grants and donations of real ^^^^ ^^^ '".^'^'
or personal estate, made to the use of said church or other- &c. ^^'
wise, and to alien or manage such real or personal estate
according to the terms and conditions of the grants or do-
nations, and, by purchase or operation of law, to take, hold
and manage any real or personal estate in trust, for the use
and benefit of said church, and to sell and convey the same:
provided, the annual income of the grants, donations, and Annual income
purchases, for the use aforesaid, shall not exceed the sum "^o'thous^^d
of two thousand dollars in addition to the meeting-house, dollars, exciu-
and land, under and adjoining. sive, itc.
Section 3. The number of trustees shall, at no time, be Number of
less than five or more than nine, a majority of whom shall ^''"stees, &c.
constitute a quorum for doing business ; and all vacancies
that may happen, from death, resignation, or otherwise,
shall be filled in such manner as the proprietors of the pews
in the meeting-house may direct.
Section 4. This act shall take eff"ect from and after its When to take
passage. [Aj)j)roved by the Governor, Feb, 28, 1846.] ^^®•^'•
An Act authorizing Benjamin W. Miller to plant Oysters in Taunton Great Qhnr) 57
River. ^'
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Benjamin W. Miller, of Fall River, in the May plant,
county of Bristol, his heirs and assigns, are hereby au- grow, and dip
.1 ■ T . 1 ^ IT "'. , •' , oysters in h all
thonzed to plant, grow, and dig oysters m the waters and River, &c.
30 1846. Chap. 57—59.
fiats of Taunton Great River from high water mark to the
channel of said river, in front of said Miller's land in said
Fall River, at a place called Miller's Cove, bounded easterly
and southerly by land of Joseph Davis, and by land in the
occupation of Susan Lawton, northerly by land of Russell
Hathaway, and southerly and westerly by said river.
Penalty for SECTION 2. The Said Miller, liis hcirs and assigns, shall
ging!"&c. with- have the exclusive use of said waters and flats to the said
in 20 years, extent for the purpose of planting, growing, and digging
sIonoTsa?™'^ oystcrs, for the term of twenty years; and if any person
Miller, &c. shall, withiu said limits, dig for or take any oysters during
said term, without license, from said Miller, his heirs or as-
signs, he shall forfeit and pay a fine not exceeding five
dollars for each offence, to be recovered by said Miller, his
heirs or assigns, in any court proper to try the same. [Ap-
proved by the Governor^ Feb. 28, 1846.]
Ohnrt ^R ^^ ^^"^ authorizing James S. Chace to plant Oysters in Taunton Great River.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
May plant, SECTION 1. Jamcs S. Chacc, of Fall River, in the county
oysters^in Fafi °^ Bristol, his hcirs and assigns, are hereby authorized to
River, &c. plant, grow, and dig oysters in the waters and flats of
Taunton Great River from high water mark to the channel
of said river, in front of said Chace's land in said Fall
River, bounded southerly by land of John Eddy and Jesse
Eddy, and northerly by land of William Bates, and west-
erly by said river.
Penalty for SECTION 2. The Said Chacc, his heirs and assigns, shall
glng! &^c'. wftii- have the exclusive use of said waters and flats to the said
in 20 years, extent, foT the purposc of planting, growing, and digging
sIonTf saf™'^" oysters for the term of twenty years; and if any person
Chace, See. shall, within said limits, dig for or take any oysters during
said term without license from said Chace, his heirs or as-
signs, he shall forfeit and pay a fine not exceeding five
dollars for each offence, to be recovered by said Chace, his
heirs or assigns, in any court proper to try the same. [Ap-
proved by the Govertior, Feb. 28, 1846.]
Chan. 59. "^"^ '^'^'^ '° increase the Capital Stock of the Globe Steam Mills.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, atid by the authority of
the same, as follows :
Capital stock The Globc Steam Mills are hereby authorized to increase
^cThy adcihig^^' their capital stock by addmg an amount not exceeding four
5400,000. ° hundred thousand dollars, and to invest the same in such
real and personal estate as may be necessary and convenient
for carrying on the business of said corporation. [Approved
by the Governor, Feb. 28, 1846.]
1846. Chap. 60—62. 31
An Act to change the Name of the Trustees of the Groton Academy. Chut) 60
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
From and alter the passing of this act, the corporate To take the
name of " The Trustees of the Groton Academy" shall be xrus^tees ^f the
changed, and the said corporation shall be known and Lawrence
called by the name of "The Trustees of the Lawrence GrottT^'''
Academy at Groton," any thing in the act incorporating the
same to the contrary notwithstanding. [Approved by the
Governor, Feb. 28, 1846.]
An Act to authorize Benjamin Lamson to extend his Wharves. ChttJ). 61 .
BE it enacted by the Senate and House of Representa-
tives, in Gejieral Court assembled, and by the authority of
the same, as folloivs :
Benjamin Lamson, proprietor of certain wharves called ^^harf in Bos-
Lamson's Wharves, situated on Marginal street in that part tencSo 01^'
of the city of Boston called East Boston, is hereby au- line, &c.
thorized to extend and maintain his said wharves into the
harbor channel as far as the line established by the act, en-
titled " An Act to preserve the Harbor of Boston, and to
prevent encroachments therein," passed the nineteenth day
of April, in the year one thousand eight hundred and thirty-
seven, and shall have the right to lay vessels at the sides
and ends of said wharves, and to receive wharfage and
dockage therefor : 'provided, that so much of said wharves Pronded, &c.
as shall be erected under this act, shall be built on piles,
which piles shall not be nearer each other than six feet in
the direction of the stream, and eight feet in a transverse
direction, and that this act shall in no wise affect the legal
rights of any corporations or persons whatever. [Approved
by the Governor, Feb. 28, 1846.]
An Act concerning Prosecutions for Violations of By-Laws. Chfir) 62
BE it enacted by the Senate and House of Representa-
tivcs, in General Court assembled, and by the authority of
the same, as follows :
In any complaint, prosecution, or other process founded By-laws need
upon the by-laws of any town or city, no part of such il°compbims''
by-law shall be required to be recited or set forth, but the «&c.
offence may be described therein with the degree of cer-
tainty required in prosecutions upon public statutes: j^ro-
vided, that nothing herein contained shall affect the degree Evidence of ex-
or kind of evidence required at the trial of the existence of f '^"'^^ °^ '^^'
such by-law. [Approved by the Governor, Feb. 28, 1846.]
32 1846. Chap. 6S—65.
Chap.
CQ An Act to authorize the First Parish, in Dorchester, to sell certain Real Es-
"'-'• tate.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Parish treasurer SECTION 1. The First Parish in Dorchester are hereby
may execute authorized to scll, at pubUc or private sale, and at such time
conveyance . ^^ tjiyjes as they may judge best, any part or the whole of
the parcels of land and buildings, which were devised to
said parish by Jason Kilton and Hannah Kilton, Junr.,
deceased ; and the treasurer of said parish, for the time be-
ing, is authorized to execute and deliver a deed or deeds to
convey the same, in fee simple or otherwise.
Investment and SECTION 2. The proceeds of the sale of said property
application of shall be invested in such manner as said parish shall direct;
and the income arising therefrom shall be applied exclusively
to the support of the ministry of said parish. [Appi^oved by
the Governor, Feb. 28, 1846.]
income.
Chap. 64.
An Act to incorporate the Bond Village Manufacturing Company.
BE it enacted by the Senate and Hotise of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Emclius Bond, Hcury J. Gardner, Henry A.
porated, Rice, their associates and successors, are hereby made a
corporation, by the name of the Bond Village Manufactur-
to manufacture iug Company, for the purpose of manufacturing cotton and
cotton and wooUeu ffoods, and machinery, in the town of Palmer,
woollen goods, 9 tt i t • ,i ^ /■ t-» i i z
and machinery, couuty 01 Hampden, and m the town oi Belchertown,
B ?^,''"®\^"'^ county of Hampshire ; with all the powers and privileges,
and subject to all the duties, restrictions and liabilities, set
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Real estate not SECTION 2. Said Corporation may hold, for the purposes
Sioo'^ooo and aforesaid, real estate not exceeding in value one hundred
capital stock thousaud dollars, and the whole capital stock of said corpo-
^300,000. ration shall not exceed three hundred thousand dollars.
[Apjyroved by the Governor, Feb. 28, 1846.]
Chap. 65. -A-n Act to incorporate the Proprietors of the High Street Church, in Lowell.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the sam,e, as follows :
Persons incor- SECTION 1. Erastus D. Leavitt, Artcmas L, Brooks, and
porated. John Tuttle, their associates and successors, are hereby
made a corporation, by the name of the Proprietors of the
High Street Church, in Lowell; with all the powers and
privileges, and subject to all the duties, restrictions and lia-
bilities, set forth in the twentieth and forty -fourth chapters
of the Revised Statutes.
1846. Chap. 65—68. 33
Section 2. Said corporation may hold real and personal Estate, exciu-
estate, exclusive of their meeting-house and land, sufficient be such''as"to^
for the accomaiodation of the same, the annual income of yield an income
which shall not exceed two thousand dollars: provided, parochial pu°^
howeoer, that the same be applied exclusively to parochial poses.
purposes.
Section 3, This act shall take eifect from and after its When to take
passage. [Approved by the Governor, March 2, 1846.] *^^'^*"
An Act to authorize the North Wharf Corporation to extend their Wharf. ChoLn. QQ.
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 Wharf Corporation are hereby authorized to Wharf in Tmro
extend their wharf, in the town of Truro, in the county of ^cf-^southedy"^
Barnstable, into the harbor of said Truro, in a southerly feet, &c.
directiou, to a distance not exceeding twenty-five feet; and
to maintain the same, and shall have the right to lay vessels
at the end and sides of said wharf, and receive wharfage
and dockage therefor : provided, this grant shall not in any Provided, &,c.
manner interfere with the legal rights of any persons what-
ever. [Apjiroved by the Governor, Mai^ch 2, 1846.]
An Act to incorporate the Bristol County Savings Bank. ChttV. 67.
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 :
Section 1. Horatio L. Danforth, William A. Crocker, Persons jncor-
Jesse Hartshorn, their associates and successors, are hereby ^"amton"
made a corporation, by the name of the Bristol County
Savings Bank, to be established in the town of Taunton, in
the County of Bristol, with all the powers and privileges,
and subject to all the duties, liabilities and restrictions, set
forth in the thirty-sixth chapter of the Revised Statutes, in
the forty-fourth chapter of the acts passed in the year one
thousand eight hundred and forty-one, and in all other laws
of the Commonwealth relating to institutions for savings.
[Approved by the Governor, March 2, 1846.]
An Act in addition to an Act to incorporate the South Boston Lyceum. Ckdp. 68.
JBE it enacted by the Senate and House of Represetita-
tives, in General Court assembled^ and by the authority of
the same, as follows :
The South Boston Lyceum is hereby authorized to hold. May hold addi-
for the purposes for which the said corporation was estab- the"ainountof
lished, real and personal estate to the amount of seven thou- «7,ooo.
sand dollars, in addition to the amount authorized by the
act incorporating the same. [Approved by the Governor,
March 2, 1846.]
5
34
1846.-
-Chap. 69—72.
Chap. 69.
Capital stock
may be in-
creased to an
amount not ex-
ceeding
$400,000, &c.
Chap. 70.
Persons incor-
porated.
Estate exclu-
sive, &c., may
be such as to
yield an income
of $2,000, for
parocliial pur-
poses.
When to take
effect.
An Act to increase the Capital Stock of the Taunton Copper 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 :
The Taunton Copper Manufacturing Company are here-
by authorized to increase their capital stock, to an amount
not exceeding four hundred thousand dollars, and to invest
such increase in real and personal estate, as may be neces-
sary and convenient for carrying on the business of said
corporation. [Approved by the Governor, March 2, 1846.]
An Act to incorporate the Proprietors of the Kirk Street Church in Lowell.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Sewell G. Mack, Amasa Kimball, Samuel W.
Stickney, and Nathaniel Bartlett, their associates and suc-
cessors, are hereby made a corporation, by the name of the
Proprietors of the Kirk Street Church in Lowell, with all
the powers and privileges, and subject to all the duties, re-
strictions and habilities, set forth in the twentieth and forty-
fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal
estate, exclusive of their meeting-house and land sufficient
for the accommodation of the same, the annual income of
which shall not exceed two thousand dollars ; provided,
however, that the same be applied exclusively to parochial
purposes.
Section 3. This act shall take effect from and after its
passage. [Ajijjroved by the Governor, March 2, 1846.]
Chap. 71. An Act to increase the Capital Stock of the Tremont Iron Company.
BE it enacted by the Se?iate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Tremont Iron Company are hereby authorized to in-
crease their capital stock, to an amount not exceeding five
hundred thousand dollars, and to invest such increase in
real and personal estate, as may be necessary and conve-
nient for carrying on the business of said corporation. [^/>
proved by the Governor, March 2, 1846.]
An Act to incorporate the Bensonville 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 :
Section 1. George W. Benson, Samuel Williston, Joel
Hayden, their associates and successors, are hereby made a
corporation, by the name of the Bensonville Manufacturing
Capital stock
may be in-
creased to not
exceeding
^500,000, &c.
Chap. 72.
Persons incor-
porated.
1846. Chap. 72—74. 35
Company, for the purpose of manufacturing cotton and to manufacture
woollen goods in the town of Northampton, county of^^^"""^"'^
Hampshire, with all the powers and privileges, and subject in Northampton.
to all the duties, restrictions and liabilities, set forth in the
thirty-eighth and forty-fourth chapters of the Revised Stat-
utes.
Section 2. Said corporation may, for the purposes afore- Real estate not
said, hold real estate not exceeding in value fifty thousand ^^^q^qqq^
dollars, and the whole capital stock shall not exceed one ckpiiai stodc
hundred thousand dollars. {Ap2)roved by the Governor^ ^100,000.
March 2, 1846.]
Au Act to authorize Stephen Locke and John "Wheeler to extend their Wharf. Qhnj) 7*?
JBE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as folloivs :
Stephen Locke and John Wheeler, proprietors of a wharf Wharf in Bos-
situate and fronting on Marginal street, in that part of the }end"d^o'^Ui^^"
city of Boston called East Boston, are hereby authorized to iiue,&c.
extend and maintain their said wharf into the harbor chan-
nel, as far as the line established by the act, entitled, "An
Act to preserve the Harbor of Boston, and to prevent en-
croachments therein," passed the nineteenth day of April,
in the year one thousand eight hundred and thirty-seven,
and shall have the right to lay vessels at the sides and end
of said wharf, and to receive dockage and wharfage there-
for : provided, that so much of said wharf as shall be erect- Provided, 8i,c.
ed, under this act, extending below low water mark, shall
be built on piles, which piles shall not be nearer each other
than six feet in the direction of the stream, and eight feet
in a transverse direction, and that this act shall in no wise
affect the legal rights of any other persons whatever. [Ap-
proved by the Governor, March 3, 1846.]
An Act to establish the Boundary Line between Lunenburg and Shirley. ChWD 74.
BE it enacted by the Senate and House gf Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The boundary line between the town of Lunenburg, in Boundary line
the county of Worcester, and the town of Shirley, in the straightened.
county of Middlesex, from an established monument, at the
southeast corner of Lunenburg and the southwest corner
of Shirley, to an established monument at the southeast
corner of Townsend, shall be confirmed and established as
a straight line : provided, that the dwelling-house of Jacob Provided, &.e.
Harrington, now supposed to be standing upon the line
aforesaid, and the occupants thereof, for all purposes, shall
be considered within the town of Lunenburg, so long as
said building shall remain on said line. [Approved by the
Governor, March 3, 1846.]
36
1846.-
■Chap. 76.
Chap, 75.
Change of loca-
tion of part of
road.
Provided, &c.
Location of
branch road.
Powers and lia-
bilities of cor-
poration.
Capital may be
increased
;g600,000.
Legislature
may authorize
the use of roads
by other cor-
porations.
Section to be
located within
one year, and
road completed
within three
years.
Au Act in addition to an Act incorporating the Boston and Maine Rail-road.
BE it enacted by the Senate and House of Rejjresenta-
fives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Boston and Maine Rail-road Corpora-
tion are hereby authorized and empowered to locate, and
construct a rail-road, commencing at a point in their present
road, as now constructed, in the south parish of the town
of Andover, between the south end of the Thompson Curve,
so called, and the public road, leading from the city of
Salem, to the Andover bridge, and running down the valley
of the Shawshene River to a point near the said Andover
bridge ; thence along the right bank of the Merrimack River,
to intersect their present road, near Sutton's Mills, in the
north parish of Andover, and discontinue so much of their
present road as they may deem expedient : j}rovided, how-
ever, that, if the road to be constructed diverges from the
present road, south of the depot in South Andover, then
the new road shall pass within one thousand feet of the said
depot.
Section 2. The said corporation are also empowered to
locate and construct a branch rail-road, commencing at a
point of the road granted by the first section of this act,
and continuing to a convenient terminus, in the town of
Methuen, crossing the Merrimack River by a bridge.
Section 3. The said corporation, in locating, construct-
ing, and maintaining the new section of rail-road, hereby
authorized, shall have and enjoy all the privileges and
power, and be subject to all the duties, restrictions, and lia-
bilities, set forth in the forty-fourth chapter of the Revised
Statutes, and that part of the thirty-ninth chapter of said
statutes, and the statutes subsequently passed, relating to
rail-road corporations.
Section 4. The said corporation are hereby authorized
to increase their capital stock by the amount of five hun-
dred thousand dollars.
Section 5. The Legislature may authorize any company
to enter with another rail-road, upon, and use the said sec-
tions of rail-road, hereby authorized, or any part thereof,
according to the provisions of the statutes of the Common-
wealth, paying therefor such rates of toll, or compensation,
as the Legislature shall, from time to time, prescribe; and
complying with such rules and regulations as the Boston
and Maine Rail-road Company may prescribe.
Section 6. If the location of the section of rail-road
hereby authorized, is not filed according to law, within one
year, or if said company shall not complete said road to the
extent provided in the first section of this act, within three
years from the date of the same, then this act shall be null
and void.
1846. Chap. 75—78. 37
Section 7. This act shall take effect from and after its When to take
passage. [Appyoved by the Governor, March 3, 1846.] ®ff'^^^-
An Act in addition to an Act to incorporate the Harrison Avenue Congrega- /^A^y, nc
tional Society in Boston. l->najj» /D.
BE it enacted by the Senate and House of Representa-
tives, m General Court assembled, and by the authority of
the same, as follows :
Section 1. The Harrison Avenue Congregational So- May borrow
ciety in Boston, are hereby authorized to borrow, from time p^ro^J°p\iT-
to time, such sums of money, not exceeding in the whole poses, &c.
twenty thousand dollars, as maybe needful to build a meet-
ing-house, or to repair the same, or for any other parochial
purpose, and to secure the payment of the same by mortga-
ging the real estate belonging to said society.
Section 2. This act shall take effect from and after its When to take
passage. [App7'oved by the Governor, March 3, 1846.] ^^"^''*-
An Act to incorporate the Springfield Water Power Company. Chan 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 :
Section 1. Willis Phelps, Henry Sargeant, James Brewer, Persons Incor-
their associates and successors, are hereby made a corpora- P°''^*®'^-
tion, by the name of the Springfield Water Power Company,
for the purpose of creating water power and manufacturing to create water
machinery in the town of Springfield, county of Hampden, {^fa^[ure"m™^"'
with all the powers and privileges, and subject to all the chineryin
duties, restrictions, and liabilities, set forth in the thirty- Springfield.
eighth and forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation is hereby authorized to make May construct
and construct all necessary dams, trenches, gates, and ^^"'^' ^'^'
sluiceways, and, for the purposes aforesaid, may hold real Real estate not
estate not exceeding in value one hundred thousand dollars, io^and'cfn'Sl
and the whole capital stock shall not exceed three hundred stock ^300,000.
thousand dollars : jjrovided, nevei'theless, that nothing in this Provided, &.c.
act contained shall impair or change, without their consent,
the rights of any individual or individuals, other than the
petitioners, [Approved by the Governor, March 3, 1846.]
An Act in addition to an Act relating to discharged Convicts. Phfin 7R
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 agent of discharged convicts shall, as soon as may Agent to make
be after the last day of September in each year, cause to Coverno" !llfd
be made to the Governor and Council, a full and detailed Council, an-
account of his doings, as such agent, for the year next pre- "e^lh-^^'ialt day'
ceding. [Approved by the Governor, March 3, 1846.] of September.
38
846.-
■Chap. 79.
Chap. 79.
Persons incor-
porated.
Location of the
road.
Capital stock
not to exceed
^500,000, in
shares of ^100.
Time for loca-
tion and com-
pletion of road.
The Legislature
may reduce
tolls and profits
after four years.
P> orided, &c.
May enter upon
and use the
Eastern Rail-
road,
An Act to incorporate the Essex 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 :
Section 1. Joseph S. Cabot, Elias Putnam, Gayton P.
Osgood, John P. Allen, Albert Thorndike, their associates
and successors, are hereby made a corporation, by the name
of the Essex Rail-road Company, with all the powers and
privileges, and subject to all the duties, liabilities and re-
strictions, contained 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 public statutes which have been, or may be passed,
relating to such corporations.
Section 2. Said corporation is hereby empowered and
authorized to locate, construct, and maintain a rail-road,
with one or more tracks, from some convenient point, on or
near the North River, in Salem, through South Danvers,
New Mills, Danvers Plains, Middleton, North Andover,
through the valley of the Cochickiwick River ; thence cros-
sing the present track of the Boston and Maine Rail-road,
thence on the southeasterly side of the proposed new line
of the Boston and Maine Rail-road, to a point near and be-
low Andover Bridge, with power to proceed thence across
the proposed new track of the Boston and Maine Rail-road
and Merrimack River, to some point in Methuen, west of
the turnpike and within half a mile of said river, without
interfering with the depot grounds or fixtures of the Boston
and Maine Rail-road Company.
Section 3. The capital stock of said corporation, shall
consist of not more than five thousand shares, the number
of which shall be determined, from time to time, by the
directors, and no assessment shall be laid thereon, to a
greater amount, in the whole, than one hundred dollars on
each share ; and said corporation may purchase and hold
such real and personal estate as may be necessary for the
purposes of their incorporation.
Section 4. If said corporation shall not, within one year,
file a location of their route in the manner required by law,
or if the said rail-road shall not be completed within three
years from the passage of this act, then this act shall be
void.
Section 5. The Legislature may, after the expiration of
four years, from the time when said rail-road shall be open-
ed for use, from time to time, alter or reduce the rate of tolls,
or other profits upon said road; but, without the consent of
said corporation, they shall' not be so reduced, as to yield
less than ten per cent, per annum to the stockholders.
Section 6. Said corporation may enter, with their rail-
road, by proper turnouts and switches, upon the Eastern
1846. Chap. 79—80. 39
Rail-road at Salem, and use the same, or any part thereof,
paying therefor such a rate of tolls or compensation as may,
from time to time, be agreed upon, or as the Legislature
shall establish, and complying with such reasonable rules .
and regulations as may be established by the Eastern Rail-
road Company : provided^ however^ that the company hereby Provided, &c.
established, shall not enter upoit said road with any motive
power, unless the said Eastern Rail-road Company shall
refuse to draw over their road, or any part thereof, the cars
of the company hereby created.
Section 7. The Legislature may authorize any corpora- The Legislature
tion to enter with any other rail-road, at any point upon hs^use"by°any
said Essex Rail-road, and use the same, or any part thereof, other company,
paying therefor such a rate of toll as the Legislature may,
from time to time, establish, and complying with the rules
and regulations which may be established by said Essex
Rail-road Company ; provided, that no corporation shall en- Provided, &.c.
ter upon said Essex Rail-road with any motive power, un-
less the Essex Rail-road Company shall refuse to draw over
their road, or any part thereof, the cars of such corporation.
Section 8. The company hereby created, in crossing Precautions for
with their road the track of the Boston and Maine Rail- CostonVild
road, shall, at their own expense, adopt such reasonable Maine Road,
precautionary measures to render such crossing safe, as said
Boston and Maine Rail-road shall in writing prescril3e ; and
in case of disagreement in regard to such measures, or the
propriety or necessity thereof, the same shall be determined
by the county commissioners of Essex County, on the ap-
plication of either party.
Section 9. The owners of wharves at the North Bridge, indemnity to
in Salem, shall have a right to have the damages, which owners of
they may sustain, by reason of the building of said road, Nort'h Bridge,
assessed in the same manner as those whose lands are actu-
ally taken for the construction of said road. [Ap2J?oved by
the Governor, March 7, 1846.]
Chap. 80.
An Act to authorize John W. Trull to extend his Wharves.
BE a enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
John W. Trull, proprietor of certain wharves fronting on wiiarves in
Haverhill street, and between Warren and Charles River Boston may be
Bridges, in the city of Boston, is hereby authorized to ex- n'ne^&c. ^°^'^
tend and maintain said wharves into the harbor chan-
nel, as far as the line estabhshed, by the act, entitled "An
Act to preserve the Harbor of Boston, and to prevent en-
croachments therein," passed on the nineteenth day of April,
in the year one thousand eight hundred and thirty-seven,
and shall have the right to lay vessels at the sides and ends
of said wharves, and to receive dockage and wharfage
40
1846. Chap. 80—82.
Promded, &c. therefor ; j)rovided that so much of said wharves as shall be
erected under this act, extending below low water mark,
shall be built on piles, which piles shall not be nearer each
. other than six feet, in the direction of the stream, and eight
feet in a transverse direction ; and that this act shall in no
wise affect the legal rights of any other persons whatever;
and j^rovided also, that the !?aid Trull shall extend the com-
mon sewer through said wharf or wharves, at his own ex-
pense. [App?-oved by the Governor, March 7, 1846.]
Chctt) 81 . -^^ "^^^ ^'^ ^^^ *^^ ^ P^''^ '^^ ^^® Town of Ipswich, and annex the same to the
"' ' Town of Boxford.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Lands and per- That the tract of land containing about ten acres, hereto-
off and annexed, forc situated in the town of Ipswich, in the county of Essex,
lying northerly of the following described lines, viz : Com-
mencing at the westerly corner of Ipswich, at a stone marked
" Ips. Top. Box.," in land of Isaac Hale, at the corners of
Ipswich and Topsfield at Boxford line ; and thence running
south fifty-four degrees east, sixty-four rods and three links,
to a bound stone between Ipswich and Topsfield, at a point
northerly of the house of Elbridge S. Bixby; and thence
running north twenty-two degrees east sixty-six rods and
ten links, to a point on the present line between Ipswich and
Boxford, with the inhabitants thereon, be set off from said
town of Ipswich and annexed to said town of Boxford ;
and said inhabitants shall hereafter be considered inhabitants
of Boxford, and shall there exercise and enjoy all the rights
and privileges, and be subject to all the duties and liabilities
in like manner with the other inhabitants of said town of
Boxford. Provided, the said land and the inhabitants there-
on shall be holden to pay all such taxes as have lawfully
ready assessed, been asscssed or granted by said town of Ipswich, in the
same manner as they would have been holden if this act
had not been passed. [Approved by the Goveriior, March 7,
1846.]
Persons so an-
nexed are to
pay taxes al
An Act in addition to the several Acts incorporating Mutual Life Insurance
Companies.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The net profits of the business of the Mutu-
al Life Insurance Companies, incorporated in this Common-
wealth, one third of which, they are required to pay to the
hoidefs of guar- Tj-^g^ggg ^f ^^g Massachusetts General Hospital, shall be
Chap. 82.
Net profits, &c.,
to be excess
over six per
cent, paid to
anty stock
taken to be the excess of the dividend over six per centum
annually, payable by the said companies respectively, to
1846 Chap. 82—84. 41
the holders of the guaranty capital stock actually paid in :
and in case the said guaranty stock shall be redeemed, the Payment not to
company shall continue to pay to the trustees of the said ^em^ibn^or
hospital, the same sum annually that they would have been gurraiuy stock,
liable to pay if the said guaranty stock had not been re-
deemed.
Section 2. Nothing herein contained shall be deemed to Agreement
invalidate or affect an agreement made by and between the ^'^^ HospHd"'
Trustees of the Massachusetts General Hospital and the Mas- &c., to stand '
sachusetts Hospital Life Insurance Company, and ratified ^°°'*"
by an act of the General Court, passed January seven-
teenth, eighteen hundred and twenty -four ; nor the rights
and duties of the said corporations under and by virtue of
the said agreement.
Section 3. This act shall not take effect until the Mas- when to take
sachusetts Hospital Life Insurance Company shall have ex- effect.
pressed their assent thereto. [Approved by the Governor^
March 7, 1846.]
An Act to authorize the First Congregational Parish in Sandwich to sell ClhQV) 33.
Ministerial and Parsonage Lands. "'
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. The First Congregational Parish in the town •Parish treasurer
of Sandwich, is hereby authorized to sell and convey, in fee ^^^e^lnces,
simple or otherwise, any, or all the ministerial and parson-
age lands belonging to said parish, situate in said town ;
and the treasurer of said parish, or his successor in office, for
the time being, are authorized to execute and deliver such
deed or deeds, as may be necessary to convey the same,
when so directed by said parish.
Section 2. The proceeds of the sale of said property investment and
shall be invested in such manner as said parish shall direct, application of
and the income arising therefrom shall be applied to the
support of the ministry in said parish.
Sections. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 7, 1846.] ^^®'^'*
An Act to authorize the extending of the Pine Grove Road across Gofl's Chap, 84,
Cove, in Cambridge.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Hiram Brooks, Charles Davenport, Albert Bridges, Sid- Road in Cam-
ney Willard, Richard H. Dana, Jr., and their associates, extSedTcr^o^ss
are hereby authorized to extend a dike road, about to be GofPs Cove,
built from Pine Grove to the causey leading to West Bos-
ton bridge, situated in the town of Cambridge, across a creek
or stream of salt water, near to said causey, known as
6
42
1846.-
-Chap. 84^85.
Goff's Cove; and, for the purpose aforesaid, to construct
across said cove a solid structure of earth, wood or stone,
with one or more skiiceways or culverts, to allow water to
run out from said creek, with sufficient gates to ^hut the sea
Provided, &.C. watcr from entering into the same: provided, this grant
shall not in any manner interfere with the legal rights of
any person whatsoever ; and p?ovided also, that said road
be commenced before September next, and be completed
within eighteen months from the passage of this act. [Ap-
proved by the Gove?mor, March 7, 1846.]
Time of com-
mencement and
completion of
road.
Chap. 85.
Persons incor-
porated,
to bleach, dye,
&c., in New-
bury, and to
supply water,
&c., in Newbu-
ry and Newbu-
ryport.
Real estate not
to exceed
;glOO,000, and
capital stock
^200,000.
May open the
ground in
streets, &c., in
Newbury and
Newburyport to
lay pipes, &c.,
with the consent
of the select-
men.
Provided, &c.
Fire plugs may
be attached to
the pipes, &c.
by towns, with-
out charge for
water.
An Act to incorporate the Newbury Spring Bleaching 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 :
Section 1. Charles T. James, Charles J. Brockway,
their associates and successors, are hereby made a corpora-
tion, by the name of the Newbury Spring Bleaching Com-
pany, for the purpose of bleaching, dyeing, printing and
finishing, in the town of Newbury, county of Essex, and also
for the supplying of water, for manufacturing and domestic
purposes, in the towns of Newbury and Newburyport, in
said county ; with all the powers and privileges, and sub-
ject to all the duties, restrictions and liabilities, set forth in
the thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Section 2. Said corporation may, for the purposes afore-
said, hold real estate not exceeding in value one himdred
thousand dollars, and the whole capital stock shall not ex-
ceed two hundred thousand dollars.
Section 3. Said corporation, with the consent of the
selectmen of the towns of Newbury and Newburyport
respectively, shall have power and authority to open the
ground in any part of the streets, lanes and highways in
said towns, for the purpose of sinking and repairing such
pipes and conductors as it may be necessary to sink for the
purposes aforesaid ; and the said corporation, after opening
the ground in said streets, lanes and highways, shall be
held to put the same again in repair, under the penalty of
being prosecuted for a nuisance : provided, that the said
selectmen of the towns of Newbury and Newburyport, for
the time being, shall at all times have the power to regulate,
restrict and control the acts and doings of said corporation,
respecting the sinking and repairing the pipes and conduc-
tors, which may, in any manner, affect the safety and con-
venience of the inhabitants of said towns.
Section 4. The towns of Newbury and Newburyport
shall be allowed to attach fire plugs to the pipes of said cor-
poration, the water from which to be used only for the ex-
tinguishment of fires, and then without charge therefor.
1846. Chap. 85—87. 43
All the water not required for manufacturing purposes shall Charges forwa
purposes
be furnished to the citizens of said towns for domestic pur- '^"^ °'^ omesuc
poses, at reasonable rates.
Section 5. This act shall take effect from and after its When to take
passage. [Approved by the Governor^ March 7, 1846.] ^^^*^*'
Aq Act concerning Annual Returns of Savings Banks and Institutions for (Jfidj), 86.
Savings. "'
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The treasurer of every savings bank and J'"^?^"''^" °f
^ . Ill n ■ Savings Banks
institution tor savings shall, as oiten as once in every year, to make returns
make return of the state thereof, as it was at the close of to the Secretary,
business on the last Saturday of some preceding month, to
be designated by the Governor ; which return shall be made
to tlie Secretary of the Commonwealth, within fifteen days
after an order to that effect ; and said return shall specify
the following particulars, namely : place where located ;
name of corporation ; number of depositors ; amount of de-
posits ; public funds, stating amount of each ; loans on pub-
lic funds, stating amount on each ; invested in bank stock,
stating amount in each ; loans on bank stock, stating amount
on each ; deposits in banks bearing interest, stating amount
in each ; loans on rail- road stock, stating amount on each ;
invested in real estate ; loans in mortgage of real estate ;
loans to county or town ; loans on personal security; cash
on hand; rate and amount of ordinary dividend for last
year; average annual per cent, of dividends of last five
years; annual expenses of the institution. All of which
shall be certified and sworn to by the treasurer; and five or
more of the trustees or managers of the corporation shall
also certify and make oath, that the said return is correct^
according to their best knowledge and belief
Section 2. Blank forms of such returns shall be fur- Secretary to
nished to every such corporation by the Secretary of the fofJe'tuJus^rnd
Commonwealth; and he shall prepare suitable yearly ab- to prepare'and
stracts thereof, and lay the same before the Legislature. ^tJactl! ^^'
Section 3. The eighty-second and eighty-third sections Repeal of incon-
of the thirty -sixth chapter of the Revised Statutes, are sjstent provi-
hereby repealed. [Approved by the Governor, March 7,
1846.]
An Act to incorporate the Citizens Mutual Insurance Company, in the town r^hnn ft7
of Brighton. i^nap. Hi.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Edward Sparhawk, James Greenwood, Jonathan Win- Persons incor-
ship, their associates and successors, are hereby made a B°[giuon,'to
corporation, by the name of the Citizens Mutual Insurance insure fire risks.
for 28 yeais.
44 1846. Chap. 87—89.
Company, in the town of Brighton, in the county of Mid-
dlesex, for the term of twenty-eight years, for the purpose
of insuring dwelhng-honses and other buildings, and per-
sonal property, throughout this Commonwealth, against loss
by fire ; with all the powers and privileges, and subject to
all the duties, liabilities and restrictions, set forth in the
thirty-seventh and forty-fourth chapters of the Revised
Statutes. [Approved by the Governor, March 7, 1846.]
ChCLJ), 88. ■^'^ -^^'^ relating to the support of Convicts.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Maintenance of SECTION 1. Whenever any person, not having any legal
alien convicts settlement within this Commonwealth, shall be committed
woTwiouses" to any workhouse, by virtue of any law of this Commen-
ce, ' wealth, for any cause for which such person might be com-
mitted to the house of correction, there shall be allowed and
paid, for the support and maintenance of such person during
the time of his commitment, the same sum as would have
been allowed and paid if such person had been committed
to the house of correction.
Way and man- SECTION 2. The sum to be allowcd and paid for the sup-
ner of payment port of any pcrsou Committed to any workhouse, as provided
to overseers. in the preceding section, shall be paid to the overseers of
such workhouse, in the same way and manner as is pro-
vided, in the one hundred forty-third chapter of the Revised
Statutes, for the payment of the expense of supporting and
maintaining persons committed to houses of correction.
[Approved by the Governor, March 9, 1846.]
Chan 89. -^^ ■^'^'^ ^° incorporate the Methuen Bleaching and Dyeing Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. J. W. Paige, Ebcnezcr Hobbs, J. Huntington
porated, Wolcott, their associates and successors, are hereby made a
corporation, by the name of the Methuen Bleaching and
to manufacture Dyeing Company, for the purpose of manufacturing cotton
woonen"oods ^^^ woolleu goods, aud for bleaching, calendering, dyeing,
and to bleach, and printing, in the town of Methuen, county of Essex,
&c. in Methuen. ^jth all the powers and privileges, and subject to all the
duties, restrictions, and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Estate not to SECTION 2. Said Corporation may hold real and personal
«woooo. estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount five hundred thousand dollars.
[Approved by the Governor, March 10, 1846.]
1846. Chap. 90. 45
An Act to establish the Newburyport Rail-road Company CflttV. 90.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Dennis Condry, John Huse, Enoch S. Wil- Persons incor-
Hams, John Wood, and Edward S. Mosely, their associates p°''*^^'^-
and successors, are hereby made a corporation, by the name
of the Newburyport Rail-road Company, 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 chap-
ter of said statutes, relating to rail-road corporations, and
in the several statutes subsequently passed relating to such
corporations.
Section 2. The said rail-road company is hereby au- Location of the
thorized and empov/ered to locate, construct, and fully com- ^°^^'
plete a rail-road, with one or more tracks, from Newbury-
port to or near Georgetown Corner, so called, in said George-
town, upon or near the following route, viz: — Beginning at
some convenient point between the Newburyport turnpike
and the present Eastern Rail-road depot, in or near said
Newburyport ; thence southwesterly over or near Common
Pasture, so called, to a point near the head of the Downfall
Road, so called, in Newbury ; thence continuing a south-
westerly course and crossing Parker River, near Pearson's
Mills, in Byfield ; thence north of the Georgetown road,
and passing near Dole's Mills in Georgetown, at or near a
point of land of Daniel Pusey, about one fourth of a mile
northeast of Savery's Hotel in said Georgetown.
Section 3. The capital stock of said rail-road company Capital stock
shall consist of not more than two thousand shares, the cQolTooo^fn''
number of which shall be determined, from time to time, shares of ^ipo.
by the directors, and no assessment shall be laid thereon of
a greater amount, in the whole, than one hundred dollars on
each share : and the said corporation may purchase and investment,
hold such real estate, 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-
chandise, and may also construct a merchandise depot at
some convenient site, at or near the water in or near the
town of Newburyport.
Section 4. If said rail-road company be not organized. Time for loca-
and the location of said road be not filed according to law, """^n'' T'^'a
... ~ T n 1 r rn , .' pietionot road.
within one year irom the first day ot September next, or if
the said company shall not complete their said road on or
before the first day of September, in the year one thousand
eight hundred and forty-nine, this act shall be void.
Section 5. The Legislature may authorize any company The Lejsrisiature
to enter with another rail-road, at any point of said New- .^""^srhy^any
buryport rail-road, and use the same, or any part thereof, other company.
46
1846.-
-Chap. 90—91.
Provided, &c.
The Legislature
may reduce tolls
and profits, after
four years ;
provided, &c.
May be united
with the
Georgetown
Branch Rail-
road Company.
Provided, &c.
Chap. 91.
Persons incor-
porated in
Framingham.
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, complying with such rules and regulations
as may be established by said Newburyport Rail-road Com-
pany: jt>/'ov/c?ec?, however, that no other corporation shall enter
upon said Newburyport Rail-road, with any motive power,
unless the said Newburyport Rail-road Company shall re-
fuse to draw over their road, or any part thereof, the cars
of any other rail-road corporation which may be authorized
to enter with their rail-road upon the said Newburyport
Rail-road.
Section 6. The Legislature may, after the expiration of
four years from the time when the said road shall be opened
for public use, from time to time, alter or reduce the 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 less than ten per centum per annum.
Section 7. The said Newburyport Rail-road Company,
and the Georgetown Branch Rail-road Company, are here-
by authorized and empowered to unite and form one com-
pany, whenever it shall be so voted by each company at
meetings thereof duly notified for that purpose ; and, when
the said company shall be 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 Newburyport Rail-road Company; and
the said last mentioned company shall have all the fran-
chises, property, powers, and privileges, and be subject to
all the restrictions and liabilities of said companies respec-
tively : jyrovided, hoivever^ that the time for filing the loca-
tion of the said Georgetown Branch Rail-road, is hereby
extended to the first day of September, in the year one
thousand eight hundred and forty-seven, and the time for
completing the said branch rail-road is hereby extended to
the first day of September, one thousand eight hundred
and forty-nine. [^Ajypi'oved by the Governor, March 11,
1846.]
An Act to establish the Framingham Savings Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Moses Edgell, Calvin Shepard, Jr., and Charles R. Train,
their associates and successors, are hereby made a corpora-
tion, by the name of the Framingham Savings Bank, to be
established in Framingham, in the county of Middlesex,
with all the powers and privileges, and subject to all the
duties, liabilities, and restrictions, set forth in the thirty-
sixth chapter of the Revised Statutes, in the fourty-fourth
1846. Chap. 91—92. 47
chapter of the acts passed in the year one thousand eight
hundred and forty-one, and in all other laws of the Com-
monwealth relating to savings banks. [Ap2)ioied by the
Governor, March 11, 1846. J
An Act to authorize the town of Weymouth to transfer a Right of Fishing. Qfidv)^ 92.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. From and after the time of this act going in- Rights of Wey-
to effect, the Weymouth Iron Company shall have, and en- """tl^fishery
joy, all the rights and privileges, in respect to the taking of transferred to
alewives, within the limits of the town of Weymouth, now iron^o^lny
belonging to said town, and any committee and any mem- ^.^ ^
ber or members of said committee, that shall be appointed by committee,
from time to time, by said company, or by the directors
thereof, to regulate, superintend or have charge of, or the
care and management of, the taking and disposing of said
fish, shall dispose of the same for the benefit of said com-
pany, and account with said company for the proceeds
thereof, and such committee, or either of them, shall have who may re-
power and authority to remove from, or out of. Back River, '"ove obstruc-
in said town, and the brooks and streams, leading to Great ^'°°*' '^ '
Pond and Whitman's Pond, in said town, any obstructions
that may be made to the free passage of said fish into said
ponds, or repassing from them into the sea ; and said com-
mittee going, or either of them, into the land of any person
or persons for this purpose, shall not be deemed or held as a
trespass, and the said committee, or a major part of them,
(if more than one,) shall determine the particular place or and determine
places, where the said fish shall be taken, and give public ^'^^"^^ grounds,
, notice thereof by posting up one or more notifications in giving notice,
some conspicuous place or places in said town, on or before ^'^'
the first day of May annually.
Section 2. No person shall catch or take any of said Prohibition of
fish, in any of the rivers, brooks or streams, canals or water wuhott leave'of
channels, leading to or from the said ponds, without the committee,
direction or leave of said committee, or a major part of
them, and whosoever shall take, kill or haul on shore, any
of said fish, with a seine, scoop-net, or drag-net, in either
of the ponds aforementioned, or in Weymouth Back River,
or in the river, brooks, streams, canals or channels, through
which the said fish pass into said ponds, or shall, Avith any
seine, scoop-net or drag-net, or in any other way, obstruct Also, of ob-
the passage of said fish to or from said ponds or either of sage'"^^^^"
them, or shall obstruct said committee, or either of them, in or committee,
the execution of their duty, shall, for each such offence, for-
feit and pay a sum not exceeding thirteen dollars nor less Penalties for vi-
than ten dollars, and in case the offence be committed in the o'ationofiaw.
48
1846.-
■Chap. 92.
One third part
of forfeit to in-
formers.
Competency of
witnesses.
Right 'of house-
holders to pur-
chase alewives.
Provided, &c.
Penalty for re-
fusal to sell.
Former agree-
ment and act to
remain in force,
wth sulistitu-
tion of VVey-
moutii Iron
Company for
town of Wey-
mouth.
night, a sum not exceeding thirty dollars, nor less than
twenty dollars, to be prosecuted or sued for and recovered
in any court proper to try the same, in an action on the case
or other proper form of action in the name of said Wey-
mouth Iron Company, or the name or names of such com-
mittee, for the benefit of said company, saving when any
person shall give information of any breach of this act, he
shall, upon conviction of the offender, be entitled to one third
part of the forfeiture recovered, and no person shall be con-
sidered as disqualified from being a witness on any trial
that may be had pursuant to this act, on account of his be-
ing an inhabitant of said town, or of his being a member of
said committee.
Section 3. Each householder in said town of Weymouth,
shall, on his making seasonable application for that purpose
to said committee, or any member thereof, or to the person
employed by said committee to superintend, regulate and
manage, the taking of said fish at the place, or any of the
places, for taking the same, have the right to purchase four
hundred fresh alewives for his own consumption, of those
which shall be taken each year, under authority of said
committee, at the price of twenty-five cents per hundred,
before said alewives shall be cured or otherwise disposed
of; p?'ovided, the person so applying shall be ready sea-
sonably to pay for and remove said quantity, and, in case
any such inhabitants so applying and being so ready to pay
for, and remove said quantity of said fresh fish, shall not
be supplied therewith, as far as the quantity taken under
authority of said committee shall suffice for the purpose,
said company shall forfeit to him the sum of five dollars, to
be sued for and recovered by him in his own name in an
action of debt or on the case, or other proper action or pro-
ceeding against said corporation, or against said committee
or any member thereof, in any court proper to try the same.
Section 4. The agreement heretofore entered into be-
tween the proprietors of the falls and water privileges on Ale-
wive River, otherwise called Back River, and the town of
Weymouth, as recited in the preamble of the special act of
182.5, chapter forty-eight, entitled An Act in addition to an
"Act for regulating and disposing of the Fish called Alewives,
within the limits of the town of Weymouth, and for the more
effectually securing to said town the advantages thereof,"
shall still be and remain in force, as also said additional act,
the foregoing provisions of this act notwithstanding, ex-
cepting that, in respect to the provisions of said additional
act, the said Weymouth Iron Company shall be substituted
in the place of the town of Weymouth, as a party to the
terms of said agreement, and the provisions of said addi-
tional act ; and any committee appointed by said company,
from time to time, in pursuance of the provisions of the first
1846. Chap. 92—94. 49
section of this act, shall be substituted in the place of, and
have the rights, powers, and duties of, and be subject to the
provisions of said additional act, relating to the fish com-
mittee of said town.
Section 5. The purchase money for said privilege, paid investment and
to said town of Weymouth, in pursuance of this act, shall money.^"*^ ^**
be kept as a fund to be managed and invested by the trea-
surer of said town of Weymouth, or by any person or com-
mittee appointed or authorized by said town, for the pur-
pose, and the same shall be loaned only on security of real
estate, except to said town, and the annual interest and in-
come of said fund, shall be annually expended for the sup-
port of schools in said town, to be divided in the same man-
ner as other moneys raised for the support of schools.
Section 6. This act shall go into effect on said town of when to take
Weymouth causing to be conveyed to said company the ^^®*'^"
fish house for said fishery, and the land under the same, and
adjoining thereto, belonging to said town, and the said com-
pany paying to the selectmen of said town, or either of
them, a sum of money, the annual interest of which, at the
rate of six per cent, per annum, is, or shall be, assented and
agreed to, by said selectmen, as sufficient to yield an annual
interest equal to the net annual income of said fishery for
the last thirty years. [Approved by the Governor, Mai' ch
11, 1846.]
An Act to continue in force an Act to incorporate the Lynn Institution for nhnv) 93
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
The act passed on the twentieth day of June, in the year incorporation
one thousand eight hundred and twenty-six, entitled An Act ouSuaii'^n*'
to incorporate the Lynn Institution for Savings, shall be,
and remain in force without limitation as to a term of time ;
and said institution shall be continued as a corporation,
with all the powers and privileges, and subject to all the
duties, liabilities, and restrictions, set forth in the thirty-
sixth chapter of the Revised Statutes, and in all other laws
of this Commonwealth relating to savings banks and in-
stitutions for savings. [Approved by the Governor^ March
11, 1846.]
An Act respecting Corporations for Mutual Improvement and the Promotion QhWD 94
of Education. * ' *
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. Corporations may be formed pursuant to the Lijcmmxyoi
seventh section of the forty-first chapter of the Revised corporate name!
60
1846.-
-Chap. 94—95.
Extension of
privileges.
Estate not to
exceed
J^20,000, be-
sides books.
Chap. 95.
Roxbury to be
a city.
Administration,
&c., to be
vested in a
mayor, 8 alder-
men, and 24
common coiin-
cilmen, &c.
Boards to serve
without com-
pensation.
Selectmen to
divide the town
into 8 wards,
&c>
Arrangement
lliereof to be re-
vised every 5
Statutes, either by the name of "Lyceum," as is therein
provided, or by any other corporate name which the asso-
ciates shall adopt.
Section 2. Corporations formed in pursuance of the said
seventh section may, in addition to the powers and privi-
leges therein granted, have and exercise all the powers and
privileges granted by the first six sections of said forty-first
chapter, and may hold real and personal estate to any
amount not exceeding twenty thousand dollars, in addition
to the value of their books. {Ajjj^roved by the Governor^
March 11, 1846.]
An Act to establish the City of Roxbury.
BE it enacted by the Senate and Hoi/se of Representa"
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The inhabitants of the town of Roxbury
shall continue to be a body politic and corporate, under the
name of the city of Roxbury, and as such shall have, exer-
cise and enjoy all the rights, immunities, powers and privi-
leges, and shall be subject to all the duties and obligations,
now incumbent upon, and appertaining to, said town as a
municipal corporation.
Section 2. The administration of all the fiscal, pruden-
tial and municipal affairs of said city, with the government
thereof, shall be vested in one principal officer, to be styled
the mayor ; one council of eight, to be called the board of
aldermen; and one council of twenty-four, to be called the
common council : which boards, in their joint capacity,
shall be denominated the city council, and the members
thereof shall be sworn to the faithful performance of the
duties of their respective offices. A majority of each board
shall constitute a quorum for doing business, and no mem-
ber of either board shall receive any compensation for his
services.
Section 3. It shall be the duty of the selectmen of the
town of Roxbury, as soon as may be, after the passage of
this act, and its acceptance by the inhabitants, as hereinaf-
ter provided, to divide said town into eight wards, as fol-
lows, to wit : first, by drawing a line between the second
and third parishes, as near the old territorial parish line as
may be convenient, constituting the second parish one ward;
second, by drawing a line in the same manner between the
first and third parishes, and dividing the third parish into
two wards, to contain, as nearly as may be convenient, an
equal number of inhabitants, third, by dividing the first par-
ish into five wards, as nearly equal in number of inhabitants
as may be consistent with convenience in other respects.
It shall be the duty of the city council, once in five years,
to revise, and, if it be needful, to alter said wards in such
1846. Chap. 95. 51
manner as to preserve, as nearly as may be, an equal num- years by the
In J I X. citv council
ber of voters in each ward: pi^ovided, however^ that the „ -jjI,
second parish shall always constitute at least one ward, and '
the third parish shall constitute at least two wards without
any addition of territory to either.
!Section 4. On the second Monday in March, annually, Election, quaii-
there shall be chosen by ballot in each of said wards, a ^''^.t'ou^; and
warden, clerk, and three inspectors of elections, residents of dens, clerks,
the wards in which they are chosen, who shall hold their
offices for one year, and until others shall have been chosen
in their places, and qualified to act.
It shall be the duty of such warden to preside at all ward
meetings, with the powers of moderator of town meetings.
And if at any meeting, the warden shall not be present, the
clerk of such ward shall call the meeting to order, and pre-
side until a warden pro tempore shall be chosen by ballot.
And if, at any meeting, the clerk shall not be present, a
clerk pro tempore shall be chosen by ballot. The clerk
shall record all the proceedings and certify the votes given,
and deliver over to his successor in office all such records
and journals, together with all other documents and papers
held by him in said capacity. It shall be the duty of
the inspectors of elections, to assist the warden in receiv- and inspectors
ing, assorting and counting the votes. And the warden, "^ e'^'='^'°"^-
clerk and inspectors, so chosen, shall respectively make
oath or affirmation, faithfully and impartially to discharge To serve under
their several duties, relative to all elections, which oath °^'''' '^'^•
may be administered by the clerk of such ward, to the war-
den, and by the warden to the clerk and inspectors, or by
any justice of the peace for the county of Norfolk.
AH warrants for meetings of the citizens for municipal Warrants for
purposes, to be held either in wards or in general meetings, ward and city
shall be issued by the mayor and aldermen, and shall Idc ' '' '
in such form, and shall be served, executed and returned in
such manner, and at such times, as the city council may, by
any by-law, direct.
Sections. The mayor and eight aldermen, one alder- Election and
man to be selected from each ward, shall be elected by the ^""^ ^^ ^'^^^^
qualified voters of the cit^'" at large, voting in their respec- men',Ynd com-''
tive wards, and three common council men shall be elected "^°" councii-
from and b}'- the voters of each ward, and shall be residents ™*^°'
of the wards in which they are elected ; all said officers
shall be chosen by ballot, and shall hold their ofilces for
one year from the first Monday in April, and the mayor,
until another shall be elected and qualified in his place.
Section 6. On the second Monday in March, annually, Proceedings at
immediately after a warden, clerk, and inspectors shall meetings (or
have been elected and sworn, the qualified voters in each ^
ward shall give in their votes for mayor, aldermen, and
common council men, as provided in the preceding section ;
52
1846..
-Chap. 95.
Certificates of
election to
members of
common coun-
cil.
Provided, &c.
Notification to
mayor.
Proceedings in
case of failure
to elect a mayor.
Proceedings to
supply vacancy
in the office of
mayor,
and of alder-
men.
Notification to
aldermen.
Administration
and record of
oaths of office.
Record, &c.,
in case of fail-
ure to choose a
mayor.
and all the votes so given, shall be assorted, counted, de-
clared, and registered in open ward meeting, by causing
the names of persons voted for, and the number of votes
given for each, to be written in the ward records in words
at length.
The clerk of the ward, within twenty-four hours after
such election, shall deliver to the persons elected members
of the common council, certificates of their election, signed
by the warden and clerk, and by a majority of the inspec-
tors of elections, and shall deliver to the city clerk a copy
of the records of such election, certified in like manner :
piovided, however, that if the choice of common council men
cannot be conveniently effected on that day, the meeting
may be adjourned, from time to time, to complete such
election.
The board of aldermen shall, as soon as may be conveni-
ent, examine the copies of the records of the several wards,
certified as aforesaid, and shall cause the person who may
have been elected mayor, to be notified in writing of his
election ; but if it shall appear that no person has received
a majority of all the votes, or if the person elected shall re-
fuse to accept the ofiice, the board shall issue their warrants
for a new election, and the same proceedings shall be had
as are hereinbefore provided, for the choice of mayor, and
repeated, from time to time, until a mayor is chosen.
In case of the decease, resignation or absence of the
mayor, or of his inability to perform the duties of his ofiice,
it shall be the duty of tiie board of aldermen and the com-
mon council in convention, to elect a mayor for the time
being, to serve until another is chosen, or until the occasion
causing the vacancy is removed.
And, if it shall appear that the whole number of alder-
men have not been elected, the same proceedings shall be
had, as are herein before provided for choice of mayor.
Each alderman shall be notified in writing of his election,
by the mayor and aldermen for the time being.
The oath prescribed by this act, shall be administered to
the mayor by the city clerk, or any justice of the peace for
the county of Norfolk.
The aldermen and common council men elect, shall, on
the first Monday of April, at 10 o'clock in the forenoon,
meet in convention, when the oath required by this act, shall
be administered to the members of the two boards present,
by the mayor, or by any justice of the peace for the county
of Norfolk, and a certificate of such oath, having been ta-
ken, shall be entered on the journal of the mayor and alder-
men, and of the common council, by their respective clerks.
Whenever it shall appear that no mayor has been elected
previously to the said first Monday in April, the mayor and
aldermen for the time being, shall make a record of that
1846. Chap. 95. 53
fact ; an attested copy of which, the city clerk shall read at
the opening of the convention to be held as aforesaid.
After the oaths have been administered as aforesaid, the Organization of
two boards shall separate : and the common conncil shall be coiTimon coun-
organized by the choice of a president and a clerk, to hold
their office during the pleasure of the common conncil, and
to be sworn to the faithfnl performance of their dnties.
In case of the absence of the mayor elect, on the first Proceedings in
Monday in April, the city government shall organize itself of^jhe°mayor°*^^
in the manner herein before provided, and may proceed to elect at the
business in the same manner as if the mayor were present, 1™^ ^°'^ organ-
and the oath of office may be administered to the mayor
at any time thereafter, in a convention of the two branches.
In the absence of the mayor, the board of aldermen may Mayor pro tem-
choose a chairman pro tempore, who shall preside at joint P"'^^'
meetings of the two boards.
Each board shall keep a record of its own proceedings, Duties of each
and judge of the elections of its own members; and in fail- ^"^J'^^-Jht'^^o
lire of election, or in cases of vacancy, may order new elec- seats,' anti new
tions. And in case of any such vacancy, declared by either elections.
board, the mayor and aldermen shall order a new election.
Section 7. The mayor, thus chosen and qualified, shall Duties of mayor.
be the chief executive officer of said city. It shall be his
duty to be vigilant in causing the laws and regulations of
the city to be enforced, and to keep a general supervision
over the conduct of all subordinate officers, with power to
remove them for neglect of duty. He may call special meet-
ings of the boards of aldermen and common council, or
either of them, when necessary in his opinion, by causing
notices to be left at the places of residence of the several
members ; he shall communicate, from time to time, to both
of them, such information, and recommend such measures,
as in his opinion, the interests of the city may require ; he
shall preside in the board of aldermen, and in convention of
the two branches, but shall have only a casting vote.
The salary of mayor for the first year in which this char- Compensation.
ter shall take effect, shall be six hundred dollars, and no
more ; his salary shall afterwards be fixed by the city coun-
cil, but neither increased nor diminished during the year for
which he is chosen, and he shall have no other compensa-
tion; provided, however, that the city council shall have Mayor may be
power to appoint the mayor, commissioner of highways, h"'](J™^^s°"®'^ °^
when in their opinion such an office is necessary, and allow
him a suitable compensation therefor.
Section 8. The executive power of said city generally. Executive pow-
and the administration of police, with all the powers hereto- ers of selectmen
fore vested in the selectmen of Roxbury, shall be vested in mayorlnd at
the mayor and aldermen, as fully as if the same were here- dermen.
in specially enumerated.
The mayor and aldermen shall have full and exclusive power of may-
54
1846.-
■Chap. 95.
or, Sec, in re-
spect to ap-
pointments, re-
movals,
requiring bonds.
and licenses.
City council to
appoint, &c.,
certain officers.
Sittings to be
public, provid-
ed, &c.
Safe keeping,
&c., of city
property.
Mayor to nomi-
nate, &LC.
Provided, &c.
Duties, &:c., of
city clerk.
power to appoint a constable and assistants, or a city mar-
shal and assistants, with the powers and duties of consta-
bles, and all other police officers ; and the same to remove
at pleasure.
And the mayor and aldermen may require any person ap-
pointed a constable of the city, to give bonds with such se-
curity as they may deem reasonable, before he enters upon
the duties of his office, upon which bonds the like proceed-
ings and remedies may be had, as are by law provided in
case of constables' bonds taken by the selectmen of towns.
And the mayor and aldermen shall have the same power
to grant licenses to inn-holders, victuallers and retailers
within the city, which is possessed by the mayor and alder-
men of the city of Boston.
The city council shall, annually, as soon after their or-
ganization as may be convenient, elect, by joint ballot in
convention, a treasurer and collector of taxes, a chief engi-
neer, a city clerk, and three assessors of taxes, and fix their
compensations. They shall, also, in such manner as they
shall determine, appoint or elect all other subordinate offi-
cers, for whose election or appointment other provision is
not herein made, define their duties and fix their compensa-
tions.
All sittings of the common council shall be public, and
all sittings of the mayor and aldermen, shall also be public
when they are not engaged in executive business.
The city council shall take care that no moneys be paid
from the treasury, unless granted or appropriated ; shall se-
cure a just and proper accountability by requiring bonds
with sufficient penalties and sureties, irom all persons trust-
ed with the receipt, custody or disbursement of money ;
shall have the care and superintendence of the city build-
ings, with the power to let, or to sell what may be legally
sold ; and to purchase property, real or personal, in the name
and for the use of the city, whenever its interest or conve-
nience may, in their judgment, require it. And the city coun-
cil shall, as often as once in a year, cause to be published,
for the use of the inhabitants, a particular account of the
receipts and expenditures, and a schedule of city property.
Section 9. In all cases in which appointments are direct-
ed to be made by the mayor and aldermen, the mayor shall
have the exclusive power of nomination, such nomination,
however, being subject to be confirmed or rejected by the
board of aldermen ; provided, hoivevet; that no person shall
be eligible to any office of emolument, the salary of which
is payable out of the city treasury, who, at the tmie of such
appointment, shall be a member of the board of aldermen
or of the common council.
Section 10. The city clerk shall also be clerk of the
board of aldermen, and shall be sworn to the faithful per-
1846. Chap. 95 55
formance of his duties. He shall perform such duties as
shall be prescribed by the board of aldermen, and he shall
perform all the duties, and exercise all the powers, by law
incumbent upon, or vested in, the town clerk of the town of
Roxbury. He shall be chosen for one year, and until anoth-
er shall be chosen and qualified in his place, but may be at
any time removed by the city council.
Section 11. The qualified voters of each ward, at their Overseers of the
respective annual ward meetings for the choice of officers, ^°^'^'
shall elect, by ballot, one person in each ward to be an over-
seer of the poor, who shall be a resident of said ward, and
the persons thus chosen, together with the mayor, shall con-
stitute the board of overseers of the poor, and shall have all
the powers and be subject to all the duties now by law ap-
pertaining to the overseers of the poor for the town of Rox-
bury.
The qualified voters shall, at the same time, and in the School Com-
same manner, elect three persons from the city at large, and "^'
two persons from each ward to be members of the school
committee, and the persons thus chosen shall constitute the
school committee, and have the care and superintendence of
the public schools.
The qualified voters shall, at the same time, and in like Assistant as-
manner, elect one person in each ward to be an assistant ^^^^°^^-
assessor, who shall be a resident of said ward, and it shall
be the duty of the persons so chosen to furnish the assessors '
with all necessary information relative to persons and pro-
perty taxable in their respective wards, and they shall be
sworn to the faithful performance of their duty.
The persons to be chosen by the city council as assessors Assessors.
shall constitute the board of assessors, and shall exercise the
powers and be subject to the duties and liabilities of as-
sessors in towns.
All taxes shall be assessed, apportioned, and collected in Assessment, ap-
the manner prescribed by law relative to town taxes : pro- coUectiolf oi^"
vided, hoivever, that it shall be lawful for the city council to taxes,
establish further and additional provision for the collection
thereof
Should there fail to be a choice of overseers of the poor, Pfoceedin^s to
1 ^ ^, , , .^^ ■ , . ^ ■ nil vacancies in
members of the school committee, or assistant assessors, in said boards.
any ward, the vacancy or vacancies shall be filled by the
city council in convention, in the same manner that is pro-
vided for filling vacancies in the Senate of this Common-
wealth.
Section 12. The city council shall have exclusive au- Powers of city
thority and power to lay out any new street or town Avay, Ji^ayoraiid al-
and to estimate the damages any individual may sustain dermen, inre-
thereby ; but all questions relating to the subject of laying '^J^^ly^S^''^^^^
out, accepting, altering, or discontinuing any street or way,
shall first be acted upon by the mayor and aldermen. And
56
1846.-
-Chap. 95.
Appeals for
damages.
Health officers.
Power of city
council in re-
spect to drains
and common
sewers.
and to the in-
spection, &c. of
wood, (fcc.
Breaches of by-
laws, &c may
be prosecuted
before ajustice
of ihe peace,
&c.
With right of
appeal.
Form of com-
plaint.
Fines, &c.,
pnyaMc to trea-
surer, &c.
any person dissatisfied with the decision of the city council
in the estimate of damages, may make complaint to the
county commissioners of the county of Norfolk, at any
meeting held within one year after such decision, where-
upon the same proceedings shall be had as are now pro-
vided by the laws of the Commonwealth in cases when
persons are aggrieved by the assessment of damages by
selectmen, in the twenty-fourth chapter of the Revised
Statutes.
Section 13. All power and authority now by law vested
in the board of health for the town of Roxbury, or in the
selectmen of said town, shall be transfered to, and vested in
the city council, to be carried into execution in such man-
ner as the city council shall deem expedient.
Section 14. The city council shall have authority to
cause drains and common sewers to be laid down through
any streets or private lands, paying the owners such dam-
age as they mav sustain thereby ; and to require all persons
to pay a reasonable sum for the privilege of opening any
drain into said public drain or common sewer.
And the city council may make by-laws, with suitable
penalties, for the inspection, survey, measurement, and sale
of lumber, wood, coal and bark, brought into the city for
sale.
Section 15. All fines, forfeitures and penalties, accruing
for the breach of any by-law of the city of Roxbury, or of
any of the ordinances of the city council, or of any of the
orders of the mayor and aldermen, may be prosecuted for
and recovered, before any justice of the peace in said city
of Roxbury, by complaint or information, in the name of
the Commonwealth, in the same way and manner in which
other criminal offences are now prosecuted before the jus-
tices of the peace within this Commonwealth ; reserving,
however, in all cases, to the party complained of and prose-
cuted, the right of appeal to the court of common pleas,
then next to be held in the county of Norfolk, from the
judgment and sentence of any justice of the peace.
And the appeal shall be allowed on the same terms, and
the proceedings be conducted therein in the same manner
as provided in the one hundred and thirty-eighth chapter of
the Revised Statutes of this Commonwealth.
It shall be suflicient, in all such prosecutions, to set forth
in the complaint, the offence fully, plainly, substantially,
and formally, and it shall not be necessary to set forth such
by-law, ordinance, or order, or any part thereof
All fines, forfeitures, and penalties, so recovered and paid,
shall be paid to the treasurer of the city of Roxbury, and
shall enure to such uses as said city council shall direct.
When any person, upon any conviction before a justice
of the peace, for any breach of any by-law of said city of
1846. Chap. 95. 57
Roxbury, or any of the ordinances of the city council, Failure to pay
or any of the orders of the mayor and aldermen, shall be J"ea^ifof 'by-
sentenced to pay a fine, or ordered to pay any penalty or laws, .tc., pun-
forfeiture, provided by any such by-law, ordinance, or |^pJ)!fo^'ent.
order, or upon claiming an appeal, shall fail to recognize
for his appearance at the court appealed to, and there to
prosecute his appeal and to abide the sentence or order of
the court thereon, and in the mean time to keep the peace
and be of good behavior, and upon not paying the fine,
penalty or forfeiture, and costs so assessed upon him, he
shall be committed to prison, there to remain until he or
she shall pay such fine, forfeiture, or penalty and costs, or
be otherwise discharged according to law.
The provisions of this section shall also apply to all Prwisions of
prosecutions founded on the by-laws or ordinances of the be' Vx^end "d °o
town of Roxbury, which may continue in force after this by-laws, &c.,
act shall go into operation.
Section 16. It shall be the duty of the city council an- Duty of city
nually, in the month of October, to meet in convention and ^ermTnL mimber
determine the number of representatives to be elected by of representa-
the city to the General Court in such year, which shall be court"dfc^"^'^
conclusive, and the number thus determined shall be speci- '
fied in the warrant calling meetings for the election of rep-
resentatives.
Section 17. All elections for County, State, and United ^„^j''^J?'^j."|,^ ^l
States officers, who are voted for by the people, shall be ings for election
held at meetings of the citizens quahfied to vote in such ^ ^°""'^'p ^
elections in their respective wards, at the time fixed by law erai officers.^ "
for these elections respectively ; and at such meetings all
the votes, given for said several officers respectively, shall
be assorted, counted, declared, and registered in open ward
meeting, by causing the names of all persons voted for, and
the number of votes given for each, to be written in the
ward record in words at length. The ward clerk shall
forthwith deliver to the city clerk, a certified copy of the
record of such elections. The city clerk shall forthwith
record such returns, and the mayor and aldermen shall
within two days after every such election, examine and
compare all said returns, and make out a certificate of the
result of such elections, to be signed by the mayor and a
majority of the aldermen, and also by the city clerk, which
shall be transmitted or delivered in the same manner as
similar returns are by law directed to be made by select-
men of towns. And in all elections for representatives to
the General Court, in case the whole number proposed to
be elected shall not be chosen by a majority of tlie votes
legally returned, the mayor and aldermen shall forthwith
issue their warrant for a new election, conformably to the
provisions of the constitution, and the laws of the Com-
monwealth.
8
58 1846. Chap. 95.
Lisu of voters. SECTION. 18. Prior to every election, the mayor and al-
dermen shall make out lists of all the citizens of each ward
qualified to vote in such elections, in the manner in which
selectmen of towns are required to make out lists of voters;
and for that purpose they shall have full access to the
assessors' books and lists, and be entitled to the assistance
of all assessors, assistant assessors, and city officers, and
they shall deliver said lists, so prepared and corrected, to
the clerks of said wards to be used at such elections ; and
no person shall be entitled to vote whose name is not borne
on such list.
Meetings of the SECTION 19. General meetings of the citizens qualified to
citizens. vote, may, from time to time, be held, to consult upon the
public good; to instruct their representatives, and to take
all lawful measures to obtain redress for any grievances,
according to the right secured to the people by the constitu-
tion of this Commonwealth. And such meetings may and
shall be duly warned, by the mayor and aldermen, upon
the requisitions of fifty qualified voters.
First organiza- SECTION 20. For the purpose of organizing the system .
government. of government hereby established, and putting the same
into operation in the first instance, the selectmen of the
town of Roxbury for the time being, shall, on some day
during the month of March or April of the present year,
issue their warrants seven days at least previous to the day
so appointed for calling meetings of the said citizens at such
place and hour as they may deem expedient, for the pur-
pose of choosing a warden, clerk, and inspectors for each
ward, and all other ofiicers whose election is provided for
in the preceding sections of this act, and the transcripts of
the records of each ward, specifying the votes given for the
several officers aforesaid, certified by the warden and clerk
of such ward at said first meeting, shall be returned to the
said selectmen, whose duty it shall be to examine and com-
pare the same, and in case said elections should not be
completed at the first meeting, then to issue new warrants
until such elections shall be completed ; and to give notice
thereof in the manner hereinbefore provided, to the several
persons elected. And at said first meeting, any inhabitant
of said ward, being a legal voter, may call the citizens to
order, and preside until a warden shall have been chosen.
And at said first meeting a list of voters in each ward, pre-
pared and corrected by the selectmen for the time being,
shall be delivered to the clerk of each ward, when elected,
to be used as hereinbefore provided. And the selectmen
shall appoint such time for the first meeting of the city
council as they may judge proper, after the choice of city
officers as aforesaid, or a majority of the members of both
branches, in the year one thousand eight hundred and forty-
six, and shall also fix upon the place and the hour of said
1846 Chap. 95. 59
first meeting, and a written notice thereof shall be sent, by
said selectmen, to the place of abode of each of the city-
officers chosen as provided in this section. And after this Subsequent or-
first election of city officers, and this first meeting for the gamzations.
organization of the city council, as in this section is pro-
vided, the day of holding the annual elections, and the day
and hour for the meeting of the city council, for the purpose
of organization, shall remain as provided in the sixth sec-
tion of this act.
It shall be the duty of the city council immediately after Appointment of
the first organization, to elect all necessary city officers, cliyc^ndl''^
who shall hold their offices respectively until others are
chosen and qualified. And at the meetings to be called, as Votes for coun-
prescribed in this section, for the choice of ward and city *>' '^^'^ers,
officers, the said inhabitants may, and shall also give in
their votes for county officers, which votes shall be record-
ed, certified and returned in the manner provided in the
seventeenth section of this act.
Section 21. The city council shall have power to make Power of city
all such salutary and needful by-laws, as towns, by the byTaws^wulT'^^
laws of this Commonwealth, have power to make and es- penalties, &c.
tablish, and to annex penalties not exceeding twenty dol-
lars, for the breach thereof, which by-laws shall take effect,
and be in force, from and after the time therein respectively
limited, without the sanction of any court or other authority
whatever : 'provided, hoinever, that all laws and regulations Provided, &c.
now in force in the town of Roxbury, shall, until they shall
expire by their own limitation, or be revised or repealed by
the city council, remain in force, and all fines and forfeit-
ures for the breach of any by-law or ordinance, shall be
paid into the city treasury.
Section 22. The annual town meeting for the town of Annual town
Roxbury, which by law is required to be held in the month peTdLd^ &c',
of March or April, is hereby suspended, and all town offi- and town offi-
cers now in office, shall hold their places until this act shall oveV&'c!''^
go into operation ; and in case this charter shall not be proceedings in
accepted in the manner and form as hereinafter provided, case of non-ac-
then the selectmen shall issue their warrant according to ^^P^^g^ ^ ^^ ^^^^
law, for holding the annual town meeting of the inhabit-
ants, in which all the proceedings shall be the same as if
this act had not been passed.
Section 23. All officers of the town of Roxbury having Delivery of
the care and custody of any records, papers, or property, ctf°c*|g^if '^•' *"
belonging to said town, shall deliver the same to the city '•^'^®'^'
clerk, within one week after his entering upon the duties of
his office.
Section 24. All such acts, and parts of acts, as are in- Repeal of in-
consistent with the provisions of this act, shall be, and the ^slo'usr* ^'^°'
same are, hereby repealed.
Section 25. Nothing in this act contained shall be so Legislature
60
1846.-
-Chap. 96—98.
may alter and construed as to prevent the Legislature from altering or
amend this act. amending the same, whenever they shall deem it expedient.
Act to be void, SECTION 26. This act shall be void, unless the inhabit-
h^'lnhabi^anu'' ^^^^^ °^ ^^^ town of Roxbury, at a legal town meeting
called for that purpose, shall, by a vote of a majority of the
voters present, and voting thereon, by a written ballot, de-
termine to adopt the same within twenty days from and
after its passage.
Section 27, This act shall go into operation from and
after its passage. \Approved hy the Governor, March 12,
1846.]
by inhabiiants.
When to take
effect.
Chap. 96.
Glass furnaces
may not be
erected, except
by license, &c.
Furnace, erect-
ed without li-
cense, to be
deemed a nui-
sance, and may
be removed.
Act not to be in
force till accept-
ed, &c.
When to take
effect.
Chnp. 97.
Repeal of pro-
vision for loca-
tion by county
commissioners.
When to take
effect.
Chap. 98.
Persons incor-
porated.
An Act relating to the erection of Furnaces for the making of Glass.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. No furnace for the making of glass shall be
hereafter erected or put up for use in any city or town in
this Commonwealth, unless a license therefor shall be first
granted in the manner provided in the first section of the one
hundred and ninety-seventh chapter of the acts of the Legis-
lature, passed in the year one thousand eight hundred and
forty-five, and such license shall be applied for, granted and
recorded in the manner provided in said act.
Section 2. Any such furnace hereafter erected, without
such license, shall be deemed and taken to be a common
nuisance, without any other proof than proof of its use,
and may be abated and removed in the manner provided in
said act.
Section 3. This act shall not be in force in any town or
city, unless the same shall be adopted in the manner pro-
vided in the tenth section of the act aforesaid.
Section 4. This act shall be in force from and after its
passage. [Approved by the Governor, March 12, 1846.]
An Act concerning Kail-roads.
BE it enacted by the Senate and House of Representa-
tives, in General Court assem,bled, arid by the authority of
the same, as follows :
Section 1. The seventy-fourth section of the thirty-ninth
chapter of the Revised Statutes is hereby repealed.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, March 12, 1846.]
An Act to incorporate the Charlestown Gas Company.
BE it enacted by the Senate and House of Representa-
tives, ifi General Court assembled, and by tlie authority of
the same, as follows :
Section 1. George Washington Warren, James Dana,
William Sawyer, their associates and successors, are hereby
1846. Chap. 98—99. 61
made a corporation by the name of the Charlestown Gas
Company, for the purpose of manufacturing and disposing to manufacture
of gas in the town of Charlestown in the county of Middle- ^"hlrki'tfwn'"
sex ; 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.
Section 2. Said corporation may, for the purposes afore- Real estate not
said, hold real estate not exceeding in value fifty thousand ^^r^r^^^n^ „ ,
111 11 11 -1 1111 1 ^50,000, and
dollars, and the whole capital stock shall not exceed two capital stock
hundred thousand dollars. swo,ooo.
Section 3. Said corporation, with the consent of the se- May open the
lectmen of said town of Charlestown, shall have power and grounain
authority to open the ground in any part of the streets, clwriestown
lanes and highways, in said town, for the purpose of sink- with consent of
ing and repairing such pipes and conductors, as it may be ^^^'=^™^°-
necessary to sink for the purpose aforesaid. And the said
corporation, after opening the ground in said streets, lanes
and highways, shall be held to put the same again in repair,
under the penalty of being prosecuted for a nuisance; pro- Provided, &.c.
videcl^ that the said selectmen for the time being, shall, at
all times have power to regulate, restrict and control the
acts and doings of said corporation, which may, in any
manner, affect the health, safety or convenience of the in-
habitants of said town. [Approved by the Governor^ March
12, 1846.]
An Act to establish Teachers' Institutes. Ohftn 99
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Whenever reasonable assurance shall be giv- Meetings for
en to the Board of Education, that a number not less than not less than ten
1 r 111111- da\'s to be ap-
seventy teachers oi common schools, shall desire to assem- pointed, (tc,
ble for the purpose of forming a Teachers Institute, and to i\y the Board of
■ • ' n '1 1 1 . 1 • Ej0UC3tl0n 3.1
remain in session lor a period not less than ten working the request of
days, the said board, by a committee of their body, or by not less than 70
their secretary, or in case of his inability, by such person
or persons as they may delegate, shall appoint a time and
place for said meeting, make suitable arrangements there-
for, and give due notice thereof.
Section 2. For the purpose of defraying the expenses of Expenses, not
rooms, fires, lights, attendance, or other necessary charges, foTeach"fnftf-°°
and for procuring teachers and lectures for said institute, the tute, to be de-
said board, their secretary or other person or persons duly '"'■ayed—
appointed by them, may draw upon the treasurer of the
Commonwealth, for a sum not exceeding two hundred dol-
lars for any one institute, from such fund as may be in the
treasury, under the general warrant of the Governor for
said purpose.
Section 3. To meet the expenses aforesaid, the Governor from the capi-
62 1846. Chap. 99—100.
^'^^^^6 School is hereby authorized to draw his warrant upon the treasu-
ainouiit°not°ex- Tcr for 3. sum not exceeding twenty-five hundred dollars per
ceeding ^2300 aunum, to be taken from the capital of the school fund, and
per annua y. ^^ remain in the treasury subject to the drafts, provided for
in the second section of this bill. [Approved by the Govern-
or, March 12, 1846.]
C/hdp 100. ■^'^ ^^"^ ^^ incorporate the town of Ashland.
BE it enacted by the Senate and Honse of Representa-
tives, i?i General Court assembled, and by the authority of
the same, as follows :
Parts of Hop- SECTION 1. That all the territory uow withiu the towns
mhigham'^and of Hopkintou, Framiugham and Holliston, in the county of
Hoiiiston, to be Middlesex, comprised within the following limits, that is to
say : Beginning at the westerly corner of said territory, at
a point in the line between Hopkinton, in the county of
Middlesex, and Southborough, in the county of Worcester,
at the centre of Concord River, due north of a monument,
situated at the south side of said river; thence southerly,
passing a few rods west of the house of Peter Walker, to the
southwest corner of the Wilson sawmill meadow; thence
southeasterly, to a point ten rods northeast of the northeast
corner of the house of Nehemiah Peirce ; thence southerly,
to a point on the north side of the road leading from the
house of Amara Eames, by school house in the district No.
3, in Hopkinton, said point being situated twenty rods
westerly of the intersection of the north line of said road
with the west line of the road leading by the house of Ezra
Rockwood, to that part of Hopkinton now called Union-
ville ; thence easterly to a point situated forty rods due south
of the southeast corner of the house of Daniel Eames ;
thence northeasterly to the line of the town of Holliston ;
thence passing across the north part of Holliston to a monu-
ment at Dapping Brook, between the towns of Holliston
and Sherburne ; thence northerly on the line between the
last named towns, to the town of Framingham; thence
easterly on the line between Framingham and Sherburne
to the " Ploughshare," so called ; thence north four degrees
east, two hundred and thirty-nine rods to a monument ;
thence northwesterly to the intersection of Rice Brook, with
the road leading by the house of William Badger in Fra-
mingham ; thence more westerly to the line between the
towns of Framingham and Southborough ; thence south-
westerly on the line between said towns, four hundred rods,
to a monmiient near the west side of the road leading by
the honse of Nathan Bridges ; thence southerly between the
last named towns to an iron bolt in the centre of Concord
River, said bolt being the bound between the towns of Fra-
mingham, Hopkinton and Southborough ; thence westerly by
the centre of said river to the first mentioned bound, is here-
1846. Chap. 100. 63
by incorporated into a town by the name of Ashland ; and
said town of Ashland is hereby invested with all the pow-
ers, privileges, rights and immunities, and subject to all the
duties and requisitions to which other towns are entitled
and subject, by the constitution and laws of this Com-
monwealtli.
Section 2. The inhabitants of said town of Ashland inhabitants of
shall be holden to pay all arrears of taxes, which have been ^rreS'^of ° ^^^
legally assessed upon them by the towns of Hopkinton, taxes, &c., to
Framingham and Holliston, respectively, and all taxes Ho^pk[nton°^
heretofore assessed and not collected, shall be collected and Framingham
paid to the treasurers of the towns of Hopkinton, Framing- ^^ Hoiiiston,
ham and Holliston,' respectively, in the same manner as if
this Act had not been passed, and also their proportion of
all county and State taxes that may be assessed upon them,
previously to the taking of the next State valuation ; said
proportion to be ascertained and determined by the last val-
uation in the said respective towns.
Section 3. The said town of Ashland shall, hereafter. Support of pau-
be liable to pay one twelfth part of the expenses hereafter p^''^-
necessarily incurred in the support of all paupers, who, at
the time of passing this act, are receiving support from the
town of Framingham, and one fifth part of the expenses so
incurred by the town of Hopkinton, for the support of pau-
pers at present receiving relief from Hopkinton, and one
eighth part of the expenses so incurred by the town of Hol-
liston, in the support of paupers, at present receiving relief
from said Holliston.
Section 4. In case any disagreement shall arise between Differences in
said Ashland and said Framingham, Holliston or Hopkin- respect thereto,
. • ^ X ^1 ■ ^ !• ^ 1 to be settled by
ton, m respect to the expenses m support oi paupers, under arbitrators, &c.
this act, the court of common pleas for the county of Mid-
dlesex, are hereby authorized to, and shall, on application
of either town interested, appoint three disinterested persons
to hear the parties and award thereon ; which award, when
accepted by said court, shall be final.
Section 5. The said town of Ashland, shall remain parts Provisions for
of the towns of Framingham, Hopkinton and Holliston, for the choice of
the purpose of electing the representative to the General erai officers.^ "
Court, to which said towns are respectively entitled, and for
the purpose of electing State officers, and Senators, Ilepre-
sentative to Congress, and electors of President and Vice
President of the United States, until the next decennial cen- '
sus of the inhabitants shall be taken, in pursuance of the
thirteenth article of Amendment of the Constitution ; and
the meeting for the choice of such representatives. State
oflicers and senators, shall be called by the selectmen of
said respective towns ; the selectmen of Ashland shall make
a true list of persons belonging to the territory of each of
said towns, hereby incorporated into the town of Ashland,
64
1846.-
-Chap. 100—101.
Assessment of
expense of;
roads now lo-
cated.
Farm of Hol-
liston in Ash-
land, to be ex-
empt from tax-
ation, &c.
Interest of Hop-
kinton in sur-
plus revenue
received by
Ashland.
Debt of Ash-
land to Hop-
kiuton.
Call of meeting
for choice of
town officers.
/
When to take
effect.
Chap\Ol.
Wharf in Bos-
ton may be ex-
tended to the
line, &.C.'
qualified to vote at every such election, and the same shall
be taken and used by the selectmen of said respective towns,
for such elections, in the same manner as if prepared by
themselves.
Section G. The said towns of Framingham, Hopkinton,
Holliston and Ashland, shall be holden to pay the expenses
of the construction of all roads within their respective lim-
its, which have been located but not made.
Section 7. The farm now owned by the town of Hol-
liston, within the territory hereby erected into the town of
Ashland, as a place for the employment and maintenance of
the poor of the town of Holliston, shall not be liable to any
taxation by the town of Ashland, so long as said farm is
owned and used by the town of Holliston, as a place for
such maintenance and employment.
Section 8. The town of Ashland shall be holden to re-
fund, to the town of Hopkinton, one fifth part of the sur-
plus revenue of the United States, heretofore received by
said town of Hopkinton, in case that said town shall ever
be required to refund the same.
Section 9. The town of Ashland shall pay to the town
of Hopkinton, within four years from the passage of this
act, the sum of six hundred dollars with interest thereon,
in full compensation for their proportion of the town debt
of Hopkinton.
Section 10. Any justice of the peace in the county of
Middlesex, is hereby authorized to issue his warrant to any
principal inhabitant of the town of Ashland, requiring him
to warn the inhabitants of said town, to meet at the time
and place therein appointed, for the purpose of choosing all
such town officers, as towns are by law authorized and re-
quired to choose, at their annual meetings.
Section 11. This act shall be in force from and after its
passage. [Approved by the Governor^ March 16, 1846.]
An Act to authorize John Hoppin 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 :
John Hoppin is hereby authorized to extend and main-
tain his wharf on Charles Street, in the city of Boston,
immediately adjoining his main wharf, situate between,
and about equally distant from West Boston Bridge and
the Mill Dam, in the direction in which it now runs, to the
line established by the acts concerning the harbor of Bos-
ton, 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
1846. Chap. 101—104. 65
dockage therefor : provided, that so much of said wharf, as Provided-, &c.
shall extend below low water mark, shall be built on piles,
which shall not be nearer to each other than six feet in the
direction of the stream and eight feet in a transverse direc-
tion, 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 17, 1846.]
An Act to authorize Joseph W. Nye, and others, to build a Wharf. Chctp 1 02.
JBE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Joseph W. Nye, and others, proprietors in common, are Wharf may be
1 u .1 • J . u ij J • . ■ u r r -. built in Fal-
hereby authorized to build and maintain a whari oi suita- m.>uih to the
ble width, at Rocky Point Landing, so called, in Cotaumut channel, &c.
Harbor, in the town of Falmouth, to commence at high-
water mark, and to run in a northerly direction to the line
of the channel of said harbor, and to lay vessels at said
wharf, and receive wharfage and dockage therefor : provided. Provided, See.
that this act shall in no wise affect the legal rights of any
corporations or persons whatever. [Approved by the Gov-
ernor, March 17, 18 46. J
An Act authorizing Samuel Cook to build a Wharf in Provincetown Harbor. ChcfO 103
BE it enacted by the Senate and Hon^e of Representa-
tives, in General Court assembled, and by the authority of
the some, as follows :
Samuel Cook is hereby authorized to build a wharf from Wharf maybe
his land, adjoining the harbor of Provincetown, and to ii"c'et«wiu'°^"
extend said wharf into six feet of water at low tide : pro- Provided, &c.
vided, that this grant shall in no wise impair the legal rights
of any persons whatever. [Ajyproved by the Governor,
March 17, 1846.]
An Act to authorize William Cobb to build a Wharf in Dighton. ChaV 104.
BE it enacted by the Sejiate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
William Cobb is hereby authorized to build and maintain Wharf maybe
a wharf, from land owned by him in the town of Dighton, buiii m Dighton.
situate on the westerly side of Taunton Great River, so
called, and adjoining said river, between Zebulon's Land-
ing, so called, and Reuben's I.'^land, so called, a distance
not exceeding three hundred feet in width: provided, said Provided, &c.
wharf shall not extend into the harbor or channel so as to
impede the navigation of said river ; and shall have the
right to lay vessels at said wharf, and to receive dockage
and wharfage therefor : provided, also, that the provisions
of this act shall in no wise affect the legal rights of any
9
66
1846.-
•Chap. 104—107.
persons or corporations whatever.
ernor^ March 17, 1846.]
\A'p'proved by the Gov-
Chap 105.
An Act to authorize Eleazer Rich, and others, to build a Wharf.
BE it enacted by the Senate and House of Rejpresenta-
tives^ in Ge7ieral Court assembled^ and by the authority of
the same, as follows :
Wharf may be Eleazer Rich, and his associates, are hereby authorized
Ui'echanner&c' ^^ build and maintain a wharf in the harbor of Truro, at
' * or near a point called Newcomb's Point, running in a
northerly direction, until it shall reach the channel of said
harbor, and shall have the right to lay vessels at the end
and sides of said wharf, and receive dockage and wharfage
Provided, &c. thercfor : provided, said wharf shall not exceed three hun-
dred feet in width, and that this act shall in no wise affect
the private rights of any person, or persons, whatever. [Ap-
proved by the Governor, March 17, 1846.]
Chap 1 06. An Act to authorize Valentine Doane, and others, to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assernbled, and by the authority of
the same, as follows :
Valentine Doane, and his associates, are hereby author-
ized to build and maintain a wharf at the harbor called
Marsh Bank, in the town of Harwich, of such length and
width as the proprietors may deem of public utility, and to
lay vessels at said wharf and receive dockage and wharf-
age therefor: provided, said wharf shall not extend into
the channel of said harbor so as to impede the navigation
thereof, and that this act shall in no way interfere with the
private rights of any person, or persons, whatever. [Ap-
proved by the Governor, March 17, 1846,]
Wharf may be
built in Har-
wich, &c.
Provided, &c.
ChaplOl.
Wharf in Bos-
ton may be ex-
tended to the
line, &c.
Provided, &c.
An Act to authorize Vinal & Rice to extend their Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the aiithority of
the saTne, as follows :
Albert Vinal and William Rice, proprietors of a certain
wharf, situate on Commercial Street, in the northerly part
of the city of Boston, 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 pre-
serve the Harbor of Boston, and to prevent encroachments
therein," passed the nineteenth day of April, in the year
one thousand eight hundred and thirty-seven, and shall
have the right to lay vessels at the sides and end of said
wharf, and to receive dockage and wharfage therefor : pro-
vided, that so much of said wharf as shall be erected under
this act, shall be built on piles, which piles shall not be
nearer to each other than six feet in the direction of the
1846. Chap. 107—109. 67
stream, and eight feet in a transverse direction, and that
this act shall in no wise affect the legal rights of any per-
sons or corporations whatever. [Approved by the Governor^
March 17, 1846.]
Aa Act to authorize the Uniou Wharf Company to erect a Wharf on Her- QhttV 1 OS-
ring River. jf^
BJE a enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Union Wharf Company, in the town of Wellfleet, Wharf may be
are hereby authorized to erect and maintain a wharf, to ^"^'401^^"'
extend from land owned by them, on Herring River, to the channel, &c.
edge of the channel of said river, and shall have the right
to lay vessels at the end and sides of said wharf, and re-
ceive wharfage and dockage therefor : provided, that this Provided, &c.
grant shall not in any manner interfere with the legal rights
of any persons whatever. [Approved by the Governor,
March 17, 1846.]
An Act to establish the City of Cambridge. Chan 109
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 :
Section 1. The inhabitants of the town of Cambridge, Cambridge to
in the county of Middlesex, shall continue to be a body cor- be a city.
porate and politic, under the name of the City of Cambridge;
and, as such, shall have, exercise and enjoy all the rights,
immunities, powers and privileges, and shall be subject to
all the duties and obligations, now incumbent upon, and ap-
pertaining to, said town, as a municipal corporation.
Section 2. The administration of all the fiscal, pruden- Administration
tial and municipal affairs of said city, and the government &c., to be vest-
thereof, shall be vested in one principal officer, to be styled %^ ,"} ^ '"^y"'"'
. ' -1 ^ • * T ^n ■ ' 1 , 1 T 6 aldermen, and
the mayor ; one council ot six, to be denominated the board 20 common
of aldermen ; and one council of twenty, to be denominated boards't^*^'
the board of common council ; which two boards shall, in without com-
their joint capacity, be denominated the city council. A ma- pensation.
jority of each board shall constitute a quorum for the trans-
action of business. No member of either board shall re-
ceive any compensation for his services.
The mayor and aldermen shall be chosen by the inhabi- Elections of
tants of the city at large, voting in their respective wards. S^Jn^"*^ ^"
The members of the common council shall be apportioned Ratio and resi-
among the several wards, as nearly as may be, according to dence of com-
the number of inhabitants therein; and each ward shall men.*^°""^''
elect the number of common council men to which it shall
be entitled on such apportionment, from persons who shall
be residents in the ward by which they shall be chosen.
Section 3. The city of Cambridge hereby is, and shall S'^wS.'*'"'
continue to be, divided into three wards ; and the bounda-
68
1846.-
■Chap. 109.
Arrangement
thereof to be re-
vised every 5
years by the
city council.
Apportionment
of common
council men
therein.
Annual meeting
of iiihabitaiils,
and term of
city offices.
Warrants for
ward and city
meetings.
Election, quali-
fication, and
duties of war-
dens, clerks
and inspectors
of elections.
ries thereof shall be the same as the boundaries of the wards
into which the town of Cambridge is now divided. But the
city council shall, once in five years, and not oftener, revise
the same, and may, by a vote of not less than two thirds of
tlie members of each board present, and voting thereon, so
alter the boundaries of said wards, as shall be most for the
convenience of the inhabitants thereof For the first five
years after the passage of this act, the ward now known as
ward number one, shall elect five members of the common
council ; the ward now known as ward number two, shall
elect nine members of the common council ; and the ward
now known as ward number three, shall elect six members
of the common council.
Section 4. The annual meeting of the inhabitants, for the
choice of city officers, shall be holden on the first Monday in
Marcli ; and all city and ward officers, who are chosen by
the people, shall be chosen by ballot, and shall hold their
respective offices for one year, from the first Monday in
April succeeding the annual meeting, and until others shall
be chosen and qualified to act in their stead.
Section 5. All meetings of the inhabitants for the pur-
pose of voting at elections^ or for the transaction of munici-
pal afiairs, whether in general or in ward meetings, shall be
holden in pursuance of warrants for that purpose, which
shall be issued by the mayor and aldermen, and shall be in
such form, and served and returned in such manner, and at
such time, as the city council, by any by-laAv, shall direct.
Section 6. Each ward, at the annual meeting, shall
choose for itself a warden, clerk, and three inspectors of
elections, who shall be sworn to the faithful and impartial
discharge of their respective duties relative to elections; a
certificate that said oath has been taken, shall be entered in
the records of the ward by the clerk thereof
The warden shall preside at all ward meetings, and shall
be invested with all the powers, and shall perform all the du-
ties of a moderator of town meetings. If, at any such
meeting, the warden shall not be present, the clerk shall call
the meeting to order, and preside until a warden pro tem-
pore shall be chosen ; and if the clerk shall not be present,
a clerk pro tempore shall be chosen.
The inspectors of elections shall, at all meetings, aid and
assist the warden in preserving order, and in assorting and
coimting the votes ; and all votes shall be assorted, counted,
recorded and declared^ in open ward meeting.
The clerk shall record, in the ward records, the votes and
proceedings of all ward meetings, and shall enter on said
records tlu' nanirs of all persons voted for, and the number
of votes given for each, in words at length, and shall^ with-
in twenty-four hours after each and every ward meeting
holden for the purpose of any election, deliver to the city
1846. Chap. 109. 69
clerk a true copy of the record of such election, certified by
himself, the warden, and a majority of the inspectors. The
clerk shall deliver to his successor in office, all the records,
record books, journals, documents, papers, and other things,
held by him in his capacity of clerk of the ward.
Each ward shall also, at the annual meeting, choose the Election of
number of common council men which it shall be entitled common council
to elect. But if the choice of ward officers or common
council men cannot be conveniently effected or completed on
that day, the meetmg shall be adjourned from day to day,
to complete the choice. The clerk of the ward shall, with-
in twenty-four hours after such choice, deliver to the respec-
tive persons elected common council men, a certificate of
their election, signed by himself, the warden, and a majority
of the inspectors.
Section 7. The qualified voters in each ward shall, at Proceedings at
the annual meeting, give in, to the warden and inspectors, f^^gf'^'^'^i'"!,^*'
their votes for a mayor and six aldermen ; a copy of the tions.
record of which shall be delivered to the city clerk, as pro-
vided in the preceding section. The city clerk shall, im- Record and
mediately after receiving said copies, enter the same, or a efe'cUon.'^^ °^
plain and intelligible abstract thereof, on the city records,
and then lay said copies before the mayor and aldermen,
who shall thereupon examine the same, and cause the per-
sons who shall have been chosen mayor and aldermen re-
spectively, by a majority of votes in all the wards, to be
notified in writing of their election.
If a mayor, or the whole number of aldermen shall not Proceedings to
have been so elected, or if either of the persons elected shall cL^'J^in i^h^offi-
reftise to accept the office to which he was chosen, the <;es of mayor
mayor and aldermen shall make a record of the fact, and "'^ aldermen,
forthwith issue their warrant for another election ; and the
same proceedings shall be had, in all respects, as are pro-
vided in this section for the choice of mayor and aldermen ;
and the same shall be repeated, from time to time, until a
mayor and the whole number of aldermen shall have been
chosen.
Whenever the office of mayor shall become vacant by
death, resignation or otherwise, the boards of aldermen
and common council shall, respectively, by vote, declare the
same and the cause thereof, and the expediency of filling
such vacancy; and the two boards shall thereupon meet in
convention, and elect a mayor to fill such vacancy for the
time said cause shall continue, or until a new election.
Section 8. The mayor, aldermen and common council. Administration
shall, before entering on the duties of their office, be sworn a"cj fe^c '■'*"''
to the faithful performance of the duties of their respective ° ""
offices; and, for that purpose, shall meet in convention on
the first Monday in April, in each year, at ten of the clock
in the forenoon, when such oath may be administered to the
70
1846.-
-Chap. 109.
Proceedings in
case of absence
of mayor, &c.,
elect, at the
time for organi-
zation.
Duties of
mayor.
Compensation.
Sessions of
mayor and al-
dermen.
Executive pow-
ers of mayor
and aldermen.
mayor elect, if present, by any judge of any court of record
in the Commonwealth, or by any justice of the peace for
the county of Middlesex, and to the aldermen and common
council men, by the mayor, he being first sworn as aforesaid,
or by such justice of the peace. A certificate that such
oath has been taken, shall be entered in the journal of the
mayor and aldermen and of the common council, by their
respective clerks. If, from any cause, the mayor, or any
one or more of the aldermen or common council men, shall
not be present on the first Monday in April, to take the oath
required of them, the same may be administered to them at
any time thereafter, before entering on the duties of their
office.
Section 9. The mayor, thus chosen and qualified, shall
be the chief executive officer of the city. He shall cause
the laws and regulations of the city to be executed and en-
forced. He shall exercise a general supervision over the con-
duct of all the subordinate officers, and cause their violation
or neglect of duty to be punished. He may call special
meetings of the board of aldermen and common council, or
either of them, when, in his opinion, the interests of the city
require it, by causing a notification to be left at the usual
dwelling-place of each member of the board or boards to be
convened. He shall, from time to time, communicate to
said boards respectively, such information, and recommend
such measures, as the interests of the city shall, in his judg-
ment, require. He shall preside in the board of aldermen,
and in joint meeting of the two boards; but shall have a
casting vote only. He shall have the exclusive power of
nomination, in all cases in which appointments are directed
to be made by the mayor and aldermen ; but such nomina-
tions shall be confirmed or rejected by the board of alder-
men. He shall be ex officio chairman of the school commit-
tee, and of the board of overseers of the poor. His salary,
for the first year under this charter, shall be six hundred
dollars, and no more. He shall afterwards receive for his
services such salary as the city council shall determine,
payable at stated periods, and shall receive no other com-
pensation ; but such salary shall not be increased or dimin-
ished during his continuance in office.
Section 10. The mayor and aldermen shall compose
one board, and shall sit and act together as one body, at all
meetings of which the mayor shall preside, if present; but,
in his absence, the board may choose a chairman for the
time being. All their sittings shall be public, when not en-
gaged in executive business.
Section 11. The executive powers of the city, and the
administration of police, with all the powers heretofore
vested by law in the selectmen of Cambridge, shall be
vested in the mayor and aldermen, as fully as if the same
1846. Chap. 109. 71
were herein specifically enumerated. They shall have full Power in re-
and exclusive power to appoint a citv marshal and assis- ^p?*^* '° ^P"
, 1 , KK T if I T m pointments, re-
tants, a constable or constables, and ail other police oincers; movais, bonds,
and to remove the same from office, for sufficient cause, ''tenses, &c.
They may require the marshal and constables, before en-
tering on the duties of their office, to give bonds with suffi-
cient sureties, to any reasonable amouut; upon which the
like proceedings and remedies may be had, as are by law
provided in case of constables' bonds required by selectmen
of towns in this Commonwealth. They shall have power
to grant licenses to innholders and victuallers, and retailers,
within the city, in the same manner as the mayor and alder-
men of the city of Boston now have by provision of law.
They shall prepare, revise, correct and post up, in the man- Duties in re-
ner that selectmen of towns are required to do, an alpha- ^p^*^' *° ''*^s of
betical list of voters in each ward of the city ; and, for that ^°®''^"
purpose, shall have access to the assessors' books and lists,
and be entitled to the aid and assistance of the assessors,
collector, and other city officers, and shall deliver the lists
so prepared and corrected, to the clerks of the respective
wards, to be used at elections. And they shall do and per-
form all the duties which the selectmen of towns are, by
law, required to do and perform within their respective
towns, unless it be otherwise provided in this Act.
Section 12. The mayor and aldermen shall, within two Proceedings
days after every meeting of the inhabitants holden for the fo'r^ei^?ron"lf
choice of County, State or United States officers, examine County, siate,
and compare the copies of the record of votes returned o^ Federal offi-
from all the wards, and make out returns of the same, in-
cluding the names of all the persons voted for, and the
number of votes given for each; which returns shall be
signed by the mayor and a majority of the aldermen, and
countersigned by the city clerk, and shall be transmitted or
delivered in the manner that similar returns are required to
be made by selectmen of towns. They shall notify the
persons, chosen to represent the city in the General Court,
of their election, within three days after the choice ; and if
the whole number of representatives, determined upon by
the city council, shall not have been chosen at any such
meeting, they shall forthwith issue their warrant for a new
election, conformably to the Constitution and laws of the
Commonwealth.
The mayor and aldermen shall issue their warrant for a Warrants for
general meeting of the inhabitants, for any constitutional c"y meetings.
or legal purpose, whenever requested so to do, in writing,
by thirty legal voters.
The board of aldermen shall be the final judge of the .^"f^^gfec®
election and qualifications of its members ; and, whenever {i'on^^&'c.,\nd
a vacancy shall occur therein by death, resignation or may order new
otherwise, may order a new election. eections.
72
1846.-
■Chap. 109.
Fire depart-
ment.
Powers and
duties of com-
mon council,
and of their
president,
and clerk.
Sittings to be
public, &c.
Powers vested
in city council.
Power of city
council to make
by-laws, &c.
To publish
by-laws.
Recovery and
use of fines, &;c.
Appeals from
justices' court.
Section 13. An act establishing the fire department in
the town of Cambridge, passed March seventeenth, one
thousand eight hundred and thirty-two, and an act in addi-
tion thereto, passed March thirtieth, one thousand eight
hundred and thirty-five, shall continue in force, and all the
power and authority, now vested in the selectmen of Cam-
bridge, in relation to the fire department in that town, shall
be transferred to, and vested in, the mayor and aldermen.
Section 14. The persons chosen and qualified as mem-
bers of the common council shall sit and act together as
one body, distinct from the mayor and aldermen, except
when the two bodies are required to meet and act in con-
vention. The said council shall, from time to time, choose
one of its members to preside at all meetings of the board,
and preserve order therein ; and shall also choose a clerk,
who shall be sworn to the faithful discharge of the duties
of that ofiice, and shall hold such office during the pleasure
of the council. The clerk, so chosen and qualified, shall
attend the common council when in session, and keep a
journal of its acts, votes, and proceedings, and perform
such other services in his said office, as the council may
require All sittings of the common council shall be pub-
lic. The common council shall be the final judge of the
election and qualifications of its members ; and whenever
a vacancy shall occur therein by death,, resignation or
otherwise, may order a new election.
Section 15. All the powers now vested by law in the
town of Cambridge, or in the inhabitants thereof, as a
municipal corporation, shall be vested in the city council
composed as provided in the second section, and shall be
exercised by concurrent vote, each board having a negative
on the other.
Section 16. The city council shall have power to make
all such salutary and needful by-laws, as towns, by the
laws of the Commonwealth, have power to make, and
to annex penalties, not exceeding twenty dollars, for the
breach thereof; which by-laws shall take eff'ect and be in
force from the time therein limited, without the sanction or
confirmation of any other authority whatever. All such
by-laws and all city ordinances shall be duly published,
in such newspaper or newspapers as the city council shall
direct. All fines and forfeitures for the violation of any
by-law or ordinance of the city, shall be recovered by
complaint before any justice of the peace for the county of
Middlesex, and shall enure to such uses as the city council
shall direct; but the party prosecuted shall have the right
of appeal to the Court of Common Pleas, in the same man-
ner, and upon the same terms and conditions, as are pro-
vided by law for appeals from the judgment of justices of
the peace in other criminal prosecutions. It shall be suffi-
1846. Chap. 109 73
cient, in any such complaint, to set out the offence plainly Form of com-
and substantially; but the by-law or ordinance, on which P'"'°'-
the complaint is founded, need not be recited or set out.
Section 17. The city council shall take proper care that Safekeeping,
no money be paid from the city treasury, unless previ- property.' ^
ously granted and appropriated; shall secure a just and
prompt accountability from all persons entrusted with the
receipt, custody or disbursement of the moneys or funds of
the city ; shall have the care and superintendence of the
city buildings, and all city property, and the power to let
or sell Avhat may be legally let or sold, and to purchase
property, real or personal, in the name and for the use of
the city, whenever the interest or convenience of the city
shall require it. The city council shall, once in every year, Accounts, «fec.
at least, publish, for the use and information of the inhabi- »« be published
tants, a particular account of the receipts and expenditures '^°"" ^'
of the city, and a schedule of the property and debts of the
city.
Section 18. The city council shall have exclusive au- Power of may-
thority and power to lay out new streets or ways within an/of*ciity"'
said city, and to estimate the damage which any person council in res-
shall sustain thereby ; but all petitions and questions, re- and ways?^**
lating to laying out, widening, altering or discontinuing
any street or way, shall be first acted on by the mayor
and aldermen. Any person, aggrieved by the decision or f^^^^^l^ ^°^
judgment of the mayor and aldermen, or of the city coun- damages,
cil, in relation to laying out, widening, altering or dis-
continuing any street or way, or in the estimate of dam-
ages, may, within six months thereafter, make complaint
to the county commissioners in the county of Middlesex ;
upon which complaint, the same proceedings shall be had,
as are provided in the twenty-fourth chapter of the Revised
Statutes, in cases where persons are aggrieved by the deci-
sion or judgment of selectmen of towns.
Section 19. The city council shall have the power to Power of city
construct drains and common sewers through any highways, g°ep\'^toXar
streets, or private lands, paying the owners such damage as and common
they shall sustain thereby; and to require all persons to pay sewers.
a reasonable sum for the right to open any drain into such
public drain or common sewer.
Section 20. All the power and authority now vested by Health officers.
law in the board of health for the town of Cambridge, shall
be transferred to, and vested in, the city council, and shall be
carried into execution by the appointment of health commis-
sioners, or in such other manner as the city council shall
determine.
Section 21. The city council shall have the power to City council to
provide for the appointment or election of all necessary offi- pi^ovide for the
^., ,t-i /.,. ,•■' appointment,
cers for the good government of the city, not otherwise pro- &c. of certain
vided for, and to prescribe their duties and fix their compen- officers.
10
74
1846.-
■Chap. 109.
But not from
their own body.
Election, duties,
&c. of clerk.
City council to
elect treasurer,
&c. fill vaccin-
cies, &c. in
April.
Power of city
council to deter-
mine number of
representatives
in General
Court.
Power of city
council to deter-
mine number of
members of
common coun-
cil in the wards.
School Commit-
tee.
sation ; but no person shall be elected by the city council, or
appointed by the mayor and aldermen, to any office of emol-
ument, who, at the time of his election or appointment,
shall be a member of the board of aldermen or of the com-
mon council.
Section 22. The city council shall, annually, in the month
of April, meet in convention, and elect by joint ballot, a
city clerk, who shall be sworn to the faithful discharge of
the duties of his office, and shall hold his office one year,
and until another shall be chosen and qualified; removable,
however, at the pleasure of the city council. The city clerk
shall be ex officio clerk of the board composed of the mayor
and aldermen. He shall keep a journal of all the votes and
proceedings of the mayor and aldermen, and also of the
city council, when sitting in convention ; and shall perform
such other duties as the mayor and aldermen or the city
council shall prescribe. He shall also perform all the duties,
and exercise all the powers, incumbent upon, and vested in
the town clerk of the town of Cambridge. He shall deliver
to his successor in office, as soon as chosen and qualified, all
journals, records, record books, papers, documents, or other
things, held by him in his capacity of city clerk.
Section 23. The city council shall also, in the month of
April, annually, in convention and by joint ballot, elect a
city treasurer, a collector of taxes, and all other subordinate
officers, who are not chosen by the inhabitants or appointed
by the mayor and aldennen ; and shall also fill all vacan-
cies which shall exist in the boards of assessors, assistant
assessors, overseers of the poor, or school committee, by rea-
son of a failure to elect by the inhabitants at the annual
meeting. The candidates for filling such vacancies shall be
determined in the manner provided by the Constitution of
the Commonwealth for fixing upon candidates to fill vacan-
cies in the State Senate.
Section 24. The city council shall, annually, in the
month of October, meet in convention, and determine the
number of representatives which the city shall elect to the
General Court, and publish such determination, which shall
be conclusive ; and the number thus determined, shall be
specified in the warrant calling the meeting for the election
of Representatives.
Section 25. The city council shall, in the month of Jaij-
uary, in the year one thousand eight hundred and fifty-one,
and once in every five years thereafter, determine the num-
ber of members of the common council which each ward
shall be entitled to elect, as provided in the second section.
Section 26. The qualified voters of the city, at the an-
nual meeting, shall choose seven persons for a school com-
mittee, two of whom shall be residents in ward number one,
three in ward number two, and two in ward number three ;
1846. Chap. 109. 75
six persons to be overseers of the poor, two of whom shall Overseers of the
be resident in each ward ; three persons to be assessors, one ^"ggss^^g
of whom shall be a resident in each ward ; and such num-
ber of assistant assessors as the city conncil shall determme. Assistant asses-
The assessors and assistant assessors shall be sworn to the ^*"'^-
faithful discharge of the duties of their office, and shall per- D"t.es of same,
form all such duties as the assessors of towns are required
by law to perform ; and the boards of school committee and
overseers of the poor, with the mayor as chairman of each,
shall perform all such duties as the school committees and
overseers of the poor in towns are required by law to per-
form.
Section 27. All meetings of the inhabitants, for the elec- Meetings for
tion of County, State or United States officers, who are vot- fy^iZemlT'
ed for by the people, shall be held in their respective wards, Federal officers.
at the time fixed by law for those elections respectively.
Section 28. After the acceptance of this act by the in- First election of
habitants of the town of Cambridge, and during the month cityofficers,&c.
of April in the present year, the selectmen of said town, for
the purpose of the first election under this charter, shall is-
sue their warrant for a meeting of the inhabitants, in their
respective wards, for the choice of all city officers who are
directed to be chosen by the people, and such county officers
as are to be voted for by other towns in the county of Mid-
dlesex, at their annual meeting in the present year. Such
warrant shall be served seven days, at least, before the time
appointed for said meeting, and shall designate the time and
place of the meeting in the respective wards.
At said meeting, the wards respectively shall choose a
warden, clerk, three inspectors of elections, and the number
of members of the common council, which they are entitled
to elect, by the third section of this Act ; and shall also give
in their votes for a mayor, six aldermen, seven members of
the school committee, six overseers of the poor, three asses-
sors, and such county officers as are then to be voted for.
If the whole number of ward officers or common council-
men, in either ward, cannot be chosen on that day, the
meeting may be adjourned from day to day, to complete the
choice. The clerks of the respective wards shall deliver
certificates to the persons elected members of the common
council, and copies of the record of the election to said se-
lectmen, within the time, and signed and certified in the
manner, provided in the sixth section. The selectmen shall,
within two days after receiving said returns, examine and
compare the same, ascertain the result of the election, and
give notice in writing to the persons chosen mayor and
aldermen, of their election. If a mayor, or the whole num-
ber of aldermen shall not have been elected at such meeting,
the selectmen shall forthwith issue their warrant for another
meeting, as provided in this section ; and the same proceed-
76
1846.-
■Chap. 109.
Organization of
city govern-
ment.
Annual town
meeting sus-
pended.
Delivery of
records, &c,,
to city clerk.
Repeal of in-
consistent pro-
visions.
Legislature
may alter and
amend this act.
Act to be void
unless accepted
by inhabitants,
&.C.
When to take
eSect,
ings shall be had and repeated, until a mayor and six alder-
men shall have been chosen. Any legal voter, in the re-
spective wards, may call the said first meeting to order,
and preside until a warden shall have been chosen.
Section 29. Immediately after the election of city offi-
cers, as provided in the preceding section, the said select-
men shall appoint a place and some day not later than the
first Monday in June, of the present year, for the first
meeting of the city council, and for the organization of the
city government, established by this act; and shall give
notice thereof in writing to all the city officers elect, and
shall also publish a notice thereof in one or more newspa-
pers printed in Boston.
The mayor, aldermen, members of the common council,
and all other city officers elect, shall meet at the time and
place designated in such notices, and shall respectively take
the oath required of them by this act, and shall then enter
upon and perform all the duties of their respective ofiices,
in the same manner as if they had been elected prior to the
first Monday in April of the present year.
Section 30. The annual town meeting of the town of
Cambridge, for the present year, shall be suspended, and
may be holden in the month of May or June, if this act
shall not be adopted by the inhabitants of the town, as pro-
vided in the thirty-fourth section.
Section 31, All officers of the town of Cambridge, hav-
ing the care and custody of any records, papers, or property,
belonging to said town, shall deliver the same to the city
clerk, within one week after his entering upon the duties of
his office.
Section 32. All acts and parts of acts, inconsistent with
the provisions of this act, are hereby repealed.
Section 33, Nothing in this act contained shall be so
construed, as to prevent the Legislature from altering or
amending the same, whenever they shall deem it expe-
dient.
Section 34, This act shall be void, unless the inhabitants
of the town of Cambridge, at a legal town meeting, called
for that purpose, shall, by a majority of the voters present,
and voting thereon, by ballot, determine to adopt the same
within twenty days after its passage.
Section 35, This act shall go into operation from and
after its passage. [Approved by the Governor, March 17,
1846. Chap. 110—112. 77
An Act to incorporate the Trustees of the Episcopal Clerical Fund. ChciV 110.
BE it enacted by the Senate and House of Re])rese7ita-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Section 1. Edward H. Robbins, Samuel Lawrence, Ed- Persons incor-
ward S, Rand, and Benjamin T. Reed, their associates and ^'^^^^^ '
successors, are hereby made a corporation, by the name of
the Trustees of the Episcopal Clerical Fund, with all the
powers and privileges and subject to all the duties, restric-
tions and liabilities, contained and set forth in the forty-
fourth chapter of the Revised Statutes.
Section 2. Said corporation may hold real and personal fxceed^^^ooo
estate to an amount not exceeding in the whole twenty-five " ^ ' '
thousand dollars, which shall be applied exclusively towards '^^^e applied,
the relief of aged, disabled and indigent clergymen of the
Protestant Episcopal Church within what is or shall be
known in the said church, as the diocese of Massachusetts.
Section 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 17, 1846.] ^^^''^'
An Act to incorporate the Agawam Manufacturing Company. ChcLT) 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 :
Section 1. Henry Phelon, Jr., Horace Stebbins, Reuben Persons incor-
Palmer, their associates and successors, are hereby made a P"""^'^ '
corporation, by the name of the Agawam Manufacturing
Company, for the purpose of manufacturing cotton goods in to manufacture
the town of West Springfield, county of Hampden, with West"ffpr*ing-"
all the powers and privileges, and subject to all the duties, field,
restrictions and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purpose aforesaid, |Yooooo.
not exceeding in amount one hundred thousand dollars.
[Approved by the Governor, March 17, 1846.]
An Act to incorporate the Phenix File Company. ChttJ) 112.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Joseph A. Hyde, William A. Hyde, William Persons incor-
G. Prince, their associates and successors, are hereby made P^'^ated,
a corporation, by the name of the Phenix File Company, for
the purpose of manufacturing files, and other articles of to manufacture
hardware, in the town of Bridgewater, county of Plymouth, BHdgt\!^at'e'r.
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.
78 1846. Chap. 112—116.
Estate not to SECTION 2. Said Corporation may hold real and personal
^150,000. estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount one hundred and fifty thousand
dollars. [Appi^oved by the Governor ^ March 17, 1846.]
ChavWS, "^^ ■^^'^ ^° extend the time for paying in the Capital Stock of the Globe
-* * 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 :
Time extended The time within which the capital stock of the Globe
isr?!*"^"^"^^^'^' Mutual Insurance Company is by law required to be paid
in, is hereby extended to the seventh day of February, in
the year one thousand eight hundred and forty-seven. \A^p-
proved by the Governor, March 17, 1846.]
ChciTi 114 -^"^ -^^^ ''^ increase the Capital Stock of the Bridgewater Iron Manufacturing
L ' 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 :
Capital stock The Bridgewatcr Iron Manufacturing Company are here-
S150 wjo.""^ '° by authorized to increase their capital stock to an amount
not exceeding one hundred and fifty thousand dollars ; and
to invest such increase in real and personal estate, necessary
and convenient for carrying on the business of said corpora-
tion. [Approved by the Governor, March 17, 1846.]
ChfJD 115 ■^^ ■^^'^ further in addition to An Act to incorporate the Second Parish in Dor-
x^ * Chester.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Members must SECTION I. No pcrsou shall hereafter bccome a member
own pews. ^^ ^^^ second parish in Dorchester, unless he shall be a pro-
prietor of a pew in the meeting-house of said parish.
Each proprietor Section 2. No proprietor of pcws in Said meeting-house
to ave one vote, gj^g^j^ |^g entitled to morc than one vote in the meetings of
said parish.
Inconsistent SECTION 3. All provisions iu the act of incorporation of
pealed.°"^ ^ Said parish and in the act additional thereto, which are in-
consistent with this act, are hereby repealed.
When to take SECTION 4. This act shall take efi^ect from and after its
* ^'^ ' passage. \Aj)proved by the Governor, March 17, 1846.]
ChCLX) 116. ''^^ "^^^ '■° incorporate the Alger Iron and Steel Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Cyrus Alger, William H. Howard, Caleb
porated, Reed, their associates and successors, are hereby made a
1846. Chap. 116—118. 79
corporation, by the name of the Alger Iron and Steel Com-
pany, for the purpose of manufacturing iron and steel, cop- to manufacture
per and zinc, in that part of the city of Boston known as Boston and*
South Boston, in the county of Sufiblk, and in the town of Do.chester.
Dorchester, county of Norfolk ; with all the powers and
privileges, and subject to all the duties, restrictions and lia-
bilities, set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purposes aforesaid, ^200,000.
not exceeding in amount two hundred thousand dollars.
[Approved by the Governor', March 17, 1846.]
An Act to incorporate the Essex and Eagle River Copper Company. ChctV 117.
BB it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follorvs :
Section 1. George B. Loring, J. Vincent Browne, C. ^^'^°"j '°*^°'^"
Allen Browne, their associates and successors, are hereby ^° '
made a corporation, by the name of the Essex and Eagle
River Copper Company, for the purpose of smelting copper to smelt and
and manufacturing the same into bolt, sheathing and such "op"p"e*^in"'^^
other forms as the market may demand, upon Poiut Shirley, Chelsea.
in the town of Chelsea, county of Suffolk, with all the pow-
ers 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.
Section 2. Said corporation may, for the purposes afore- Real estate not
said, hold real estate not exceeding in value fifty thousand ^^Sq^^qq'^ ^
dollars, and the whole capital stock, shall not exceed one capital stock
hundred and fifty thousand dollars. [Approved by the Gov- Si50,ooo.
ernor, March IS, 1S46.]
An Act establishing a Fire Department in the towns of "Weymouth and Qhnr) 118
Braintree. -r *
BE it enacted by the Senate and Hoitse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The inhabitants of the following described Boundaries of
territory, being partly in the town of Weymouth and partly fi""*^ ^'**"*=*' ^•
in the town of Braintree, in the county of Norfolk, bounded
easterly by a fire district established in the town of Wey-
mouth, commencing at the westerly end of a wharf belong-
ing to Nancy White, and running in a straight line to the
Town Pound, in said Weymouth ; thence in a straight line
to a point six rods south of the house belonging to the heirs
of Cotton Tufts, deceased, now occupied by Addison Chees-
man ; thence in a straight line across Weymouth town line,
to a stone post dividing two school districts in said Brain-
tree, near the house of Elijah Penniman ; thence in a straight
80 1846.— Chap. 118.
line to a guide post at the easterly end of Adams' street ;
thence in a straight line to a point on the Braintree and
Weymouth turnpike, ten rods north of the house of Calvin
Crane and Francis Crane ; thence crossing said turnpike
and running easterly parallel with Col. Minot Thayer's
farm, and including the same, to Weymouth Fore River ;
thence southeasterly by said river, which is the dividing
line between the towns of Weymouth and Braintree, until
it comes to a point opposite the westerly end of Nancy
White's wharf; thence to the westerly end thereof, the
bound first mentioned, shall constitute a fire district ; and
all said inhabitants resident therein, qualified to vote in town
affairs, at a meeting thereof, held for that purpose, called
and notified as hereinafter provided, may establish a fire
department for said district ; the officers of which shall have
charge and be responsible for all the engines and apparatus
for the extinguishment of fires within said district, in the
same manner as the fire wards and engine men of towns
now are.
ment*^how u) be SECTION 2. The inhabitants of said district, qualified as
constituted. aforesaid, at their first meeting, called and notified as here-
inafter provided, shall choose a clerk, prudential committee,
assessors, treasurer, collector, a chief engineer, and assistant
engineers, all of whom shall be sworn in due form of law,
to the faithful discharge of the duties of their respective
offices, and the said assessors shall take the oath required to
be taken by assessors of towns, which oaths shall be admin-
istered to them by the moderator at the meeting of said dis-
trict, or by a justice of the peace, and the same duly re-
corded: all the officers above named, shall hold their re-
spective offices for one year, and until others are chosen
and qualified in their stead.
meetmffs"how SECTION 3. Annual meetings of said district shall be held
to be called. for the election of officers in the months of March or April,
in each year, which shall be called by the prudential com-
mittee, and all other meetings of said district shall be called
by said committee, upon the application of the chief engi-
neer, two assistant engineers, or seven of the qualified vo-
ters of said district, by a warrant under their hands express-
ing the time, place and purposes of said meeting, directed
to the collector of said district, requiring him to warn and
notify the inhabitants thereof, in such manner as shall be
prescribed at the first meeting.
£wtoTefa"ife'd SECTION 4. The first meeting of said district shall be
and by whom. ' Called bv Col. Minot Thayer or John W. Loud, by publish-
ing a notice thereof in the Quincy Patriot, printed at Quincy
in said county, and posting up two notifications thereof in
two pubhc places in said district, seven days at least before
the day appointed for said meeting, expressing the time,
place and purposes thereof.
1846. Chap. 118—119. 81
Section 5. The assessors chosen as aforesaid, shall assess Duties, &c. of
and apportion all and sins^iilar, such sum and sums of mon- assessors and
^i, , ■ 1 , ~. , ,. . /. 1 • r of collectors of
ey voted to be raised by said district for the maintenance ot district,
said fire department, upon all the polls and estates within
the limits of said district, each his just share and proportion
thereof; and in making the said assessment, shall observe
and conform to all the requisitions of the law, obligatory
upon assessors of towns, and they shall have all the power
and authority conferred upon them by law. Said list of as-
sessment shall be committed to the collector of said district,
with a warrant of distress in due form of law for collecting
the same ; and said collector shall observe all the rules and
directions, and have all the authority conferred upon collec-
'tors of taxes of towns by law. And said collector shall pay
over said monies so collected, to the treasurer, who shall hold
the same, subject to the order of the prudential committee.
Section 6. All the provisions of law establishing firedis- Duties of inhab-
tricts and fire departments therein in towns, passed in the itantsoffire dis-
, i-ii 11 -I r r 1 tnci, and immu-
year one thousand eight hundred and forty -tour, chapter nities of officers
one hundred and fifty-two, not inconsistent with the forego- and members of
ing provisions, shall be obligatory and binding upon the in- ^P^''""®"-
habitants of said district, and the chief engineer and assist-
ant engineers shall possess the same power and authority
therein delegated, and they, together with all the other
members of said fire department, shall be entitled to the
same immunities and privileges.
Section 7. The inhabitants of said district, so long as immunities of
they shall maintain a sufficient fire department therein for 'nhabitants of
-' 1 nrc district.
the reasonable protection of the inhabitants and property
within said limits from fire, shall be exempt from taxation
in the respective towns to which they belong, for the main-
tenance and support of other fire departments in said towns.
[yip proved by the Governor, MarcJt IS, 1840.]
An Act in addition to an Act incorporating the Essex Company. Chdp 119.
BE it enacted by the Senate and House of Representa-
tives^ m Genej-al Court assembled, and by the authority of
the same, as follows :
Section 1. The consent of this Commonwealth is here- May hold prop-
by given, that the Essex Company may expend, of their erty,&c.inNew
capital stock, within the State of New Hampshire, such "'i«>ps'>"'«-
sums of money as the said company may deem expedient
in improving the power of the Merrimack River ; and for
this purpose, the said company may, with the consent of
the State of New Hampshire, acquire by purchase and hold
real and personal property within the limits of that State. May impede the
Section 2. The time during which the said company are, passage of
o I. ^ J ^/ m&sts occ. on
by the third section of the act to which this Act is in addi- the Merrimack
tion, authorized to obstruct the passage of rafts, masts or Riyer a further
floats of timber down the said river, is hereby extended for year.
11
82 1846. Chap. 119—121.
Provided, &c. t}^g period of one year ; provided, however, that during the
said year, it shall be the duty of the said company to pro-
vide and keep in readiness, for such purposes, sufficient men
and teams to transport all such rafts, masts and floats
of timber around such obstruction in the river, so as to
cause as little delay as possible in the navigation thereof;
provided, also, that any person or persons, who shall suff'er
any damage in his or their rafts, masts or floats of timber,
by reason of any neglect of the said company, may recover
the same with costs, in an action on the case, against the
said company, in any court proper to try such action ; but
the said company may, before action brought, tender amends,
and if, on the trial, such tender shall be found sufficient, it
shall bar such action : and provided further, that nothing'
herein contained shall be construed to aflect any suit in law
or equity, now pending; and any such suit shall be heard
and determined in the same manner as if this act had not
passed. [Approved by the Goverjior, March 18, 1846.]
Chap 120. ^^ -^^"^ ^° incorporate the Newburyport Screw 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 :
Persons incor- SECTION 1. Charles H. Hudson, Frederick J. Coffiu, Al-
porate , ^^^^ Currier, their associates and successors, are hereby
made a corporation, by the name of the Newburyport Screw
to manufacture Manufacturing Company, for the purpose of manufacturing
NewburyporV° wood screws in the town of Newburyport, 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.
Estate not to SECTION 2. Said Corporation may hold real and personal
RKWjOOO. estate, necessary and convenient for the purpose aforesaid,
not exceeding in amoimt one hundred thousand dollars.
[Approved by the Governor, March, 18, 1846.]
Chun 121 -^'^ -^^^ ^° amend " An Act to set off Willard Newton and others, with their
-t^ * estates, from Southborough and annex them to Marlborough."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Marlborough to SECTION 1. Until the ucxt State valuation, the town of
bofou°gii p"o-' Marlborough shall be holden to pay the town of Southbor-
portion of Slate ough, ouc ninetieth part of all the State or county taxes,
taxes'^untilf&c. which may, before that time, be assessed on said town of
Southborough.
Repeal of in- SECTION 2. The sccoud scctiou of the eighty-ninth chap-
v?b^onrofacT' tcr of the statutes of the year one thousand eight hundred
of 1843, and forty-three, is hereby repealed. [Approved by the Gov-
ernor, March 18, 1846.]
1846. Chap. 122—124. 83
An Act concerning Bonds given on dissolving Attachments. Chan 1 22
BE it enacted by the Senate and House of Representa-
lives, i?i General Court assembled, and by the authority of
the same :
Before any bond shall be approved pursuant to the twen-
tieth section of the one hundred and sixty-third chapter of
the statutes of the year eighteen hundred and thirty-eight,
the person whose goods or estate shall be attached, or some
one in his behalf, shall make application in writing to some Application to
one of the justices of the supreme judicial court, or court dfci'^rcour't"'""
of common pleas, for that purpose, which application shall with names and
contain the names and places of residence of the person or suretfeT^ °^
persons, to be proposed as surety or sureties; and notice Notice to be
shall be given to the plaintiff in the action on which the given to plain-
attachment shall be made, or his attorney, of the time and Jfac^e'^ofTea^"^
place of hearing upon such application, and the same time ing on appiica-
shall be given and notice shall be served in the manner *'°"'*^<=-
provided in the ninety-fourth chapter of the Revised Stat-
utes, for notice to the adverse party of the time and place
of taking depositions; provided, always, that the attaching Provided, Sa^.
creditor or his attorney, may in writing waive such notice,
or consent to an approval of any such bond before the ex-
piration of the aforesaid time. [Approved by the Governor,
March 18, 1846.]
An Act providing for the appointment of Assayers of Ores and Metals. Chcit) 123
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Governor, with the advice and consent How to be ap-
of the Council, may appoint one or more suitable persons po'n^ed.
to be assayers of ores and metals, who shall be sworn to
the faithful discharge of their duties.
Section 2. It shall be the duty of each assayer, to assay Duties and
such ores and metals as may be offered to him for assay, and compensation,
to give a certificate thereof, for which service he shall be paid
a reasonable compensation by the person procuring such
assay to be made. [Approved by the Governor, March 18,
1846.]
An Act to incorporate the Safety Insurance Company. Chnn I^A
BE it enacted by the Senate and House of Representa-
lives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. J. Wingate Thornton, B. F. Copeland, Mark Persons incor-
Healy, and Daniel Hammond, their associates and succes- porated to in-
sors, are hereby made a corporation for the term of twenty ri^ITs "in* Boston,
years, by the name of the Safety Insurance Company, to be for 20 years,
established in Boston, for the purpose of making maritime
loans, and insurance against maritime losses and losses by
84 1846. Chap. 124—127.
fire, with all the power 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 they are applicable to the corporation hereby
created,
^^pitai stock Section 2. The capital stock of said company shall be
maybein-^" oue hundred thousand dollars, with liberty to increase the
"eased to same to two hundred thousand dollars. [Aj^proved by the
^200,000. Governor, March 18, 1846.]
Chap 125. -A^ii -Act to incorporate the Waterford Manufacturing Company.
BE it enacted by the Senate and House of Representa-
tives, in Geiieral Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Welcome Farnum, Moses Farnum, Frederick
porae , -^^ Ballou, their associates and successors, are hereby made
a corporation, by the name of the Waterford Manufacturing
to manufacture Company, for the purpose of manufacturing cotton and
woollen goods wooUen goods in the town of Blackstone, county of Wor- .
in Blackstone, cester, with all the powers and privileges, and subject to all
the duties, liabilities and restrictions, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Real estate not SECTION 2. Said Corporation may, for the purposes afore-
%"iOQfiQ0, and Said, hold real estate to the amount of two hundred thou-
capitai stock saiid dollars, and the whole capital stock of said company
* ' ■ shall not exceed the sum of five hundred thousand dollars.
[^Approved by the Governor, March 18, 1846.]
Chcip 126. An Act to establish a Fire Department in the town of North Bridgewater.
BE it enacted by the Sefiate and House of Representa-
tives, in Gene?'al Court assembled, and by the authority of
the same, as follows :
Duties powers ^ ^^'^ department is hereby established in the town of
&c. ' * North Bridgewater, subject to all the duties and liabilities,
and with all the powers and privileges, set forth and con-
tained in an act entitled " An Act to regulate Fire Depart-
ments," passed on the ninth day of April, in the year one
thousand eight hundred and thirty-nine. [Approved by the
Governor, Majxh 18, 1846.]
ni, 1 07 ^^ ^^"^ ^° incorporate the town of North Chelsea.
^ * BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Part of Chelsea SECTION 1. All that part of the town of Chelsea, in the
to be set off. couuty of Suffolk, which lies easterly and northerly of Belle
Isle Creek, Mill Creek, and the northerly branch of said
Mill Creek, called Pratt's Brook, to the centre of the stone
bridge on the road to Chelsea Meeting-house, so called, and
thence north thirty-eight degrees, west to the line of the
1846.— Chap. 127. 86
town of Maiden, together with Pullin Point and Point Shir-
ley, so called, is hereby incorporated into a separate town
by the name of North Chelsea; and the said town of North
Chelsea is hereby vested with all the powers, privileges,
rights and immimities, and shall be subject to all the duties
and requisitions to which other towns are entitled and sub-
jected by the Constitution and laws of this Cominonwealth.
Section 2. The inhabitants of the said town of North inhabitants of
Chelsea, shall be holden to pay to the collector of the town I^°pay^axSfo
of Chelsea, all arrears of taxes legally assessed on them in collector of
said Chelsea, before the passage of this act; and also shall Chelsea, &c.
be holden to pay their proportion of all State and county
taxes that may be assessed on them, previously to the taking
of the next State valuation ; said proportion to be ascer-
tained and determined by the town valuation of the town
of Chelsea, next preceding the passage of this act. And
the said town of North Chelsea shall be holden to pay their
proportion of the debts due and owing from the town of
Chelsea, at the time of the passage of this act, and shall be
entitled to receive their proportion of all corporate property and to receive a
and assets now owned by the last named town, said propor- proportion of
tion to be ascertained and determined by the said town val- P''°P^'"^>'' '^•
uation next preceding the passage of this act.
Section 3. The said towns of Chelsea and North Chel- Support of pau-
sea shall be respectively liable for the support of all persons tivetownr^^"^"
who now do, or shall hereafter, stand in need of relief as
paupers, whose settlement was gained by or derived from a
settlement gained or derived within their respective limits.
Section 4. The said town of North Chelsea shall con- Provisions for
tinue to be a part of the town of Chelsea for the purpose of '^e choice of
electing a representative to the General Court, until the next [n^ih^Generd
apportionment of representatives. All meetings for the elec- Court.
tion of representatives, until said apportionment, shall be
called by the selectmen of Chelsea, and holden in the town
of Chelsea ; and the selectmen of North Chelsea shall make selectmen of
a true list of persons belonging to that town qualified to North Chelsea
vote, at every such election, and deliver the same to the se- o°f voters^for*'
lectmen of Chelsea, by whom the same shall be taken and representative.
used in the same manner as if it had been prepared by
themselves.
Section 5. In case said towns should not agree in res- Arbitration of
pect to a division of town paupers, town property, or town [j,"Jbe°weenlhe
debts, or state or county taxes, the court of common pleas towns.
for the county of Suffolk, is hereby authorized to, and shall,
upon petition of either towm, appoint three competent and
disinterested persons to hear the parties, and award thereon;
and any award made by said three persons, or any two of
them, and accepted by the said court, shall be final.
Section 6. Any justice of the peace in the county of ^aii of meeting^
Suffolk is hereby authorized to issue his warrant, directed town officers.
86
1846.-
■Chap. 127—129.
When to take
effect.
Chap 128.
Probate courts
in June and De-
cember discon-
tinued.
Provided, «fec.
to any principal inhabitant of said town of North Chelsea,
requiring him to notify and warn the inhabitants thereof,
quahfied to vote in town affairs, to meet at the time and
place therein appointed, for the purpose of choosing all such
town officers as towns are by law authorized and required
to choose ^i their annual meetings.
Section 7. This act shall take effect from and after its
passage. [Approved by the Governor^ March 19, 1846.]
An Act to repeal " An Act to establish Probate Courts in Fitchburg."
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 entitled " An Act to establish Probate Courts in
Fitchburg," to be holden on the first Thursdays of June
and December, passed on the fourteenth day of April, in
the year one thousand eight hundred and thirty-six, is here-
by repealed : provided, that this act shall not affect the es-
tablishment of courts of probate in that town, to be holden
on the Wednesdays next after the third Tuesdays in May
and October, agreeably to the provisions of "An Act to es-
tablish the Terms of the Court of Probate in the County of
Worcester," passed on the twelfth day of April, in the year
one thousand eight hundred and thirty-seven. \Approved
by the Governor, March 19, 1846.]
Chap 129.
Commencement
and direction of
dividing line.
Part of Hat-
field set off.
Part of Wil-
liamsburg set
off. ^
Transfer of cit-
izenship.
An Act to establish the Dividing Line between the towns of Hatfield and
Williamsburg.
HE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloiDS :
Section 1. The dividing line between the towns of
Williamsburg and Hatfield, in the county of Hampshire,
shall commence at the southeast angle of the town of Wil-
liamsburg, at a point fifty-five rods and seventeen links, in
a direction nearly east from a stone monument on the west
side of Horse Mountain road, on the line between the towns
of Northampton and Williamsburg; and shall thence run
north eleven degrees and thirty minutes east to the south
line of the town of Whately.
Section 2. All the land lying on the west side of the line
above described, which heretofore constituted part of the
town of Hatfield, is hereby set off and annexed to the town
of Williamsburg ; and all the land lying on the east side of
the said line, which heretofore was within the town of
Williamsburg, is hereby set off and annexed to the town of
Hatfield.
Section 3. All persons residing on the lands aforesaid
shall be deemed to be inhabitants of the town to which the
said lands are respectively annexed, and shall be entitled to
1846. Chap. 129—131. 87
all the civil and political rights and privileges therein that
they enjoyed as inhabitants of the town from which the
said lands are severed.
Section 4. The town of WiUiamsburg shall be liable for Williamsburg
the support of all poor persons, who are now or shall here- guppol^V/'pau.
after become chargeable upon the town of Hatfield, and pers having a
who have derived their legal settlement from the ownership J^gai settlement,
of a residence upon any land which is hereby set off to said
town, in the same manner and to the same extent as the
town of Hatfield is now and would continue to be liable, if
this act had not passed.
Section 5. The inhabitants of the town of Williamsburg Williamsburg
shall hereafter pay to the town of Hatfield, such proportion fi°!dy"p"^ion
of all county and State taxes as shall be assessed upon the of county and
town of Hatfield, for the lands and estate hereby set off state taxes,
from said town and annexed to Williamsburg, such propor-
tion to be ascertained and determined by the town valua-
tion, made in the year one thousand eight hundred and
forty.
Section 6. An act entitled " An Actto establish the Di- Repeal of for-
viding Line between the Towns of Hatfield and Wilhams- '^^'' '^'=''
burg," passed on the fourteenth day of March, in the year
one thousand eight hundred and forty-five, is hereby re-
pealed.
Section 7. This act shall take effect from and after its When to take
passage. [Apju^oved by the Governor, March 19, 1846.] ®^^*=*-
An Act to incorporate the Dedham Lead Company. ChcLV 130.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Samuel Ellis, Nathaniel Chater, Joseph W. Persons incor-.
Appleton, their associates and successors, are hereby made po^'^'ed,
a corporation, by the name of the Dedham Lead Company,
for the purpose of manufacturing white lead and paints in to manufacture
the town of Dedham, county of Norfolk ; with all the pow- p^'j'^fg fn Ded-
ers and privileges, and subject to all the duties, restrictions ham.
and liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Section 2. Said corporation may, for the purposes afore- Real estate not
said, hold real estate not exceeding in value twelve thou- $"i|ooo!lnd
sand dollars, and the whole capital stock shall not exceed capital stock
fifty thousand dollars. [Approved by the Governor, March ^so»ooo.
19, 1846.]
An Act to incorporate the Neptune Steam Mills. CllQP 131.
BE it enacted by the Senate and House of Represetita-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Samuel Brookings, Moses Pettingell, Ralph
88
1846.-
-Chap. 131—133.
Persons incor-
porated,
to manufacture
cotton goods in
Newbury.
Real estate not
to exceed
^30,000, and
capital stocli
;g[ 100,000.
Chap 132.
Wharf in Fall
River may be
extended to the
channel, &c.
Provided, &c.
Chap 133.
Persons incor-
porated.
Location, con-
struction, main-
tenance, form,
&c., of bridge.
Tolls.
C. Hiise, their associates and successors, are hereby made a
corporation, by the name of the Neptune Steam Mills, for
the purpose of manufacturing cotton goods in the town of
Newbury, county of Essex, with all the powers and privi-
leges, and subject to all the duties, restrictions and liabilities,
set forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Section 2, Said corporation, for the purpose aforesaid,
may hold real estate not exceeding in value thirty thousand
dollars, and the whole capital stock shall not exceed one
hundred thousand dollars. [Approved by the Gover7ior^
March 19, 1846.]
An Act to authorize Benjamin W. Miller to extend his Wharf.
HE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Benjamin W. Miller is hereby authorized to extend his
wharf to the channel of Taunton Great River, in the town
of Fall River, and to widen the same, and shall have the
right to lay vessels at said wharf, and receive wharfage and
dockage therefor : jyrovided, that this act shall in no wise
affect the legal rights of any corporations or persons what-
ever. \Ap2)roved by the Governor, March 20, 1846.]
An AcTto incorporate the Proprietors of the Northfield Bridge.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, arid by the authority of
the same, as follows :
Section 1. James White, Richard Colton, Otis Everett,
Charles Osgood, and Zebulon Allen, their associates, suc-
cessors and assigns, are hereby made a corporation, by the
name of the Proprietors of the Northfield Bridge, with all
the powers and privileges, and subject to all the duties, re-
strictions and liabilities, set forth in the forty-fourth chapter
of the Revised Statutes.
Section 2. The said proprietors are hereby authorized
and empowered to erect and maintain a bridge over Con-
necticut River, in the town of Northfield, in the county of
Franklin, at any convenient point between Prindle's Ferry,
so called, and Mill Brook, and to purchase and hold such
real estate, as may be proper for the purpose ; and the said
bridge shall be well built of suitable materials, at least
twenty-six feet wide, and covered with planks, with suffi-
cient rails on each side, for the proteoion of passengers
travelling thereon, and at ail times shall be kept in good
repair.
Section 3. A toll is hereby granted to said proprietors,
and is established at the following rates, viz, : for each foot
passenger two cents, for each horse and rider six cents, for
1846. Chap. 133. 89
each gig, sulkey or wagon drawn by one horse, twelve cents
and an half, and for each additional horse four cents, for each
chaise, carryall or covered buggy sixteen cents, and for each
additional horse four cents, for each coach, chariot or phae-
ton, drawn by two horses thirty-three cents, and for each
additional horse four cents, for each cart, sled, or other car-
riage of burden drawn by one beast ten cents, if drawn by
two beasts sixteen cents, and for each additional beast four
cents, for each baggage-wagon used for transporting mer-
chandise, drawn by two beasts twenty cents, and for each
additional beast four cents, for each horse without a rider
four cents, for neat cattle, asses and mules, each three cents,
for sheep and swine each one cent, and one person and no
more to each team shall pass free from toll, and all persons
who shall have occasion to pass the said bridge to perform
military duty, and the inhabitants of the town of Northfield
when passing the said bridge to attend town meetings, or
public worship at their usual place for the same, shall pass
with necessary horses and carriages free from toll.
Section 4. The said tolls shall commence on the day of Commencement
the opening of said bridge, and continue for the term of fifty of toiis"'&c?°*^^
years thereafter, and at the place of receiving the said tolls,
there shall be constantly exposed to view a sign-board, with
the said rates of toll fairly and legibly printed thereon.
Section 5. The said corporation at the time of the open- Accounts to be
ina: of the said briige, or as soon as may be thereafter, shall '•etumed into
^ ,. r >i r 1. -ij- .1 the Secretary's
cause a true account oi the expenses oi building the same, office,
and also at the end of every three years thereafter, a true
account of all receipts and disbursements on account of the
same, to be returned into the office of the Secretary of the
Commonwealth,
Section 6. The said proprietors may, if they see cause, Commutation -
commute the said rates of toll, with any person or persons, ^'}^ diminution
by taking of him or them a certain less sum payable at any
stated periods, instead of the toll aforesaid, or by taking of
all persons less rates of toll than as before specified, public
notice of their intention so to do being first given, by pub-
lishing the same three weeks successively in any newspaper
printed in the county of Franklin, or if there be none such,
then in some newspaper in the county of Worcester.
Section 7. The Legislature may regulate at any time Legislature
hereafter the tolls on said bridge as they may deem expe- ""j^y regulate
dient.
Sections. The said proprietors are hereby authorized B/idgemaybe
and empowered to construct and connect their bridge with (jri'^'lfg to be'^**
any bridge that the Vermont and Massachusetts Rail-road buiiTby Ver-
Company may construct over said Connecticut River, in montandMas-
• 1 r TVT 1 ,' 1 1 ■ 1 • 1 1- • -1 T • 1 sacliusetls Kail-
said town oi JNorthheld, within the limits prescribed in the road Company,
second section of this act, said rail-road corporation first
12
90 1846. Chap. 133—136.
consenting thereto, upon such terms and conditions as the
said proprietors and said rail-road corporation shall agree.
Time for com- SECTION 9. If the Said proprietors shall neglect, for the
Eddge. ° space of six years from the passing of this act, to build and
finish the said bridge, then this act shall be of no effect.
[Approved by the Governor^ March 20, 1846.]
nhnr) 1 34< An Act to authorize Edmund D. Hathaway and Guilford Hathaway to build
■^ a Wharf.
BE it enacted by the Senate mid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Wharf may be Edmuud D. Hatliaway and Guilford Hathaway are here-
iVeetS^^n.*" ^7 authorized to build and maintain a wharf from land
owned by them on the easterly side of Assonett River, so
called, in the town of Freetown, and to lay vessels at said
Provided, &.C. wliarf, and receive wharfage and dockage therefor: pro-
vided, that this act shall in no wise affect the legal rights of
any corporations or persons whatever. [Approved by the
Governor, March 20, 1846.]
Chctp loo. An Act to authorize Benjamin T. Brightman to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by tlie authority of
the same, as follows :
Wharf may be Benjamin T. Brightman is hereby authorized to build
FaHRttertothe ^^^ maintain a Avharf, from land owned by him, lying on
channel, &c. the easterly side of Taunton River in the town of Fall River,
and to extend said wharf into the channel of said river,
to a depth not exceeding eight feet at low water, and
shall have the right to lay vessels at said wharf, and receive
Provided, &c. wharfage and dockage therefor : provided, that this act shall
in no wise affect the legal rights of any corporations or per-
sons whatever. [Approved by the Governor, March 20,
1846.]
Chap 136. -^fi -A-CT in addition to "An Act to incorporate the State Mutual Life Assur-
-* ance Company of Worcester."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
May invest in The State Mutual Life Assurance Company of Worcester
bonds or other may iuvest their funds in such purchases and loans as are
P€rsoii3l sccuri- .
ties, pledge of permitted to Savings Banks in the seventy-eighth and sev-
raii-road stock, enty-ninth sections of the thirty-sixth chapter of the Revised
Statutes and in the forty-fourth chapter of the acts of the
year eighteen hundred and forty-one. [Apjjroved by the
Governor, March 20, 1846.]
1846. Chap. 137—139. 91
An Act to authorize County Commissioners to locate a Road and construct (Jfidp 137.
a Bridge in Braintree. -'
BE it enacted hij 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 Norfolk, are Location of
hereby authorized and empowered to locate a road and con- "^"^ ^" ^" ^^"
struct a bridge over a certain stream of tide water, called
Monatiquot River, which is situate in the town of Brain-
tree ; said bridge to be constructed above and near the dam
at Calvin White & Co.'s grist mill, in said town of Brain-
tree, in such manner as to accommodate public travel.
[Approved by the Gover?ior, March 20, 1846.]
An Act in addition to '-An Act to incorporate the Peterborough and Shirley Chctp 138.
Rail-road." ^
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Peterborough and Shirley Rail-road Com- May locate and
pany are hereby authorized to locate, construct and main- construct a rail-
tain their road with one or more tracks, from the harbor, so TownsendHar-
called, in Townsend, on the most eligible route through the ^or to the
valley of the Squannacook and Nashua Rivers, in Towns- road, wiilau-
end, Groton and Shirley, to a convenient point on the Fitch- thority, &c.
burg Rail-road, with authority to enter thereon by proper
switches and turnouts, with all the powers and privileges,
and subject to all the duties, restrictions and liabilities, con-
tained in the act to which this is in addition, or said company
may use the route described in their act of incorporation.
[Approved by the Governor, March 20, 1846.]
Chap 139.
An Act to establish the Dividing Line between the towns of Bridgewater and
East Bridgewater.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The dividing line between the towns of Commencement
Bridgewater and East Bridgewater, in the county of Ply- di'vldlnfibe'! ""^
mouth, is hereby established as follows : — Beginning at a
stone monument on the northerly side of the highway near
the dwelling house of Lyman Willis, in West Bridgewater,
on the line between the towns of East Bridgewater and
West Bridgewater ; thence running south sixty-live degrees
and twenty-four minutes, east four hundred and forty-two
rods, to a stone monument on the line between said towns
of East Bridgewater and Bridgewater, on the northerly side
of the highway leading from the dwelling house of Caleb
Mitchell to Joppa village; thence running south eighty-five
degrees and twenty minutes, east one hundred and eighty
pers.
92 1846. Chap. 139—140.
rods, to a stone monument on the northerly side of the road,
about one rod from the bridge, being a former angle of the
town line, and from thence to Halifax line, as described and
established by an act, passed the twenty-third day of Feb-
ruary, one thousand eight hundred and thirty-eight, estab-
lishing the dividing line between the said towns of Bridge-
water and East Bridgewater, and the said line, as above
described, shall forever hereafter be the dividing line be-
tween said towns.
Part of East SECTION 2. All the land, lying on the southerly side of
Bndgewater set g^-^ line, which has heretofore constituted a part of the
town of East Bridgewater, is hereby set oft' and annexed to
the town of Bridgewater ; and all persons residing on the
land aforesaid, shall be deemed and taken to be inhabitants
of said town of Bridgewater.
Part of Bridge- SECTION 3. All the land lying on the northerly side of
water set off. gg^j^;^ dividing line, which has heretofore constituted a part of
the town of Bridgewater, is hereby set off" and annexed to
the town of East Bridgewater.
Legal settle- SECTION 4. All persous who shall hereafter become charge-
mentofpau- ^-^^^ ^^ paupers to citlicr of said towns of Bridgewater or
East Bridgewater, whose legal settlement shall have been
acquired on the territory set off" by this act, from the town
of East Bridgewater to the town of Bridgewater, and who
are not residents upon said territory at the time of passing
this act, shall receive their support by the town of East
Bridgewater ; and all persons who shall hereafter become
chargeable as paupers to either of said towns, whose legal
settlement shall have been acquired on the territory set off
by this act from the town of Bridgewater to the town of
East Bridgewater, and who are not residents upon said ter-
ritory at the time of passing this act, shall receive their sup-
port by the town of Bridgewater.
When to take SECTION 5. This act shall take effect from and after its
passage. [Approved by the Governor, March 20, 1846.]
Chap 140. An Act to authorize Marcus A. Metcalf to extend his Wharf.
BE it enacted by the Senate and House of Represeiita-
iives, in Gefieral Court assembled, and by the authority of
the sawe, as folloivs :
Wharf in Marcus A. Metcalf, proprietor of a certain wharf, situated
fx°ten°d"ed ^to Se ^^ ^^® ^^^^ ^^ Minot aud Audover streets, in the city of Bos-
line, «fcc. ton, is hereby authorized to extend and maintain his said
wharf, into the harbor channel as far as the line, established
by an act, entitled " An Act to preserve the Harbor of Bos-
ton, and to prevent encroachments therein," passed the nine-
teenth day of April, in the year one thousand eight hundred
and thirty-seven, and shall have a right to lay vessels at the
sides and end of said wharf, and to receive dockage and
Provided, dec. wharfage therefor ; provided, that so much of said wharf as
1846. Chap. 140—142, 93
shall be erected under this act, shall be built on piles ; and
provided, further, that this act shall in no wise affect the
legal rights of any corporations or persons whatever. {Ap-
proved by the Governor, March 21, 1846.]
An Act to authorize John Nickerson to extend his Wharf. ChciJ) 141.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
John Nickerson is hereby authorized to extend and main- Wharf in Prov-
tain the wharf now owned by him, and adioininsf his land incetown may
m Provincetown, into the harbor of Provincetown, to low low water mark,
water mark, and shall have the right to lay vessels at the
end and sides of said wharf, and receive dockage and
wharfage therefor ; provided this act shall not in any man- provided, &c,
ner interfere with the legal rights of any persons whatever.
[Approved by the Governor, March 21, 1846.]
An Act providing for a recompense to Prosecutors and Officers in certain ^t 1/iC)
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and, by the authority of
the same, as follows :
Section 1. Upon any conviction of the offence of forg- Remuneration
ing or making any false and counterfeit certificate, bill, or '° prosecutors,
note, in the similitude of any certificate, bill, or note, issued counierfe'iffrl^'
by the treasurer of this Commonwealth, or any commis- '^<^-'.'° ^^''e-
sioner, or other officer, authorized by law to issue the same, court"&c.,^aid
for any debt of this Commonwealth, or any bank bill or by coumy trea-
promissory note, issued by or for any bank or banking cha^rged"to the
company, established in this State, or in any of the United Common-
States, or for the offence of coimlerfeiting any gold or silver ^*^^
coin, current by law or usage, in this Commonwealth ; or
for the offence of possessing, with intent to utter as true, or
of knowingly uttering as true, any such false and counter-
feit certificate, bill, note, or coin, as aforesaid ; and also,
upon any conviction of having in possession materials,
tools, plates, dies, moulds or implements, designed and
adapted for counterfeititig such coin and bank bills purport-
ing to be issued by such banks, as aforesaid ; and also upon
forfeiture, by persons prosecuted for any of the offences
aforesaid, of any recognizance for their appearance to an-
swer to the same, the court before which such conviction
may be had or where the record of such recognizance may
be, may order a meet recompense to the prosecutor and also
to the officer, who has secured and kept the evidence of the
offence, not exceeding their actual expenses, with a reason-
able allowance for their time and trouble, to be paid by the
county treasurer, and charged by him to the Common-
wealth : provided, that where recognizances are forfeited, Provided, Scc.
94
1846.^
-Chap. 142—145.
When to take
effect.
as aforesaid, the amount to be paid in any case shall not
exceed the amount received by the Commonwealth thereon.
Section 2. This act shall take effect from and after its
passage. {Ajyproved by the Governor, March 21, 1846.]
Chap 143.
Wharf in Well-
fleet may be
extended, &.c.
Provided, &c.
Chap 144.
To be named
Daniel Towns-
ley Hitchcock.
When to take
effect.
An Act to authorize Nathan Paine to extend his Wharf.
BE it enacted by the Senate and Honse of Representa-
tives, in General Court assembled, atid by the authority of
the sa7ne, as follows :
Nathan Paine is hereby authorized to extend and main-
tain the wharf now owned by him, and adjoining his land
in Wellfleet, into the harbor of said Wellfleet, 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 act
shall not in any manner interfere with the legal rights of
any persons whatever. [Appi'oved by the Governor, March
21, 1846.]
An Act to change the Name of Daniel Hitchcock.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as foUows :
Section 1. Daniel Hitchcock, second of that name, of
the town of Warren, in the county of Worcester, may take
the name of Daniel Townsley Hitchcock, and shall be here-
after known and called by that name, as his only proper
and legal name, to all intents and purposes.
Section 2. This act shall take effect from and after its
passage. [Appj'oved by the Governor, March 23, 1846.]
Chap 145.
May plant and
diff oysters in
Westport, &c.
Penalty for
planting', dig-
ging, tfcc,
wimin 20 years,
without permis-
sion of said
Allen, &c.
An Act to authorize Thomas J. Allen to plant Oysters in Westport River.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Thomas J. Allen, of Westport, in the county
of Bristol, his heirs and assigns, are hereby authorized to
plant and dig oysters in the waters and flats of Westport
River, in said county, from high water mark into said river,
on the bar situate on the easterly side of the channel above
Hick's Bridge, so called, opposite the land of Frederick
Brownell and Cynthia White.
Section 2. The said Allen, his heirs and assigns, shall
have the exclusive use of the said waters, fiats and bar, to
the extent aforesaid, for the purpose of planting and dig-
ging oysters, for the term of twenty years ; and if any per-
son shall, within said limits, dig for or take any oysters,
during the term aforesaid, without leave of said Allen, his
heirs or assigns, he shall forfeit and pay a fine not exceed-
1846. Chap. 145—146. 95
ing five dollars, for each offence, to be recovered in any
court proper to try the same. [Appj'oved by the Goveriwr,
March 23, 1S4G.]
An Act to establish the Hancock Free Bridge Corporation. LftlCip 14tD.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. Isaac Livermore, Charles Valentine, William Persons incor-
Reed, their associates and successors, are hereby made a Pirated,
corporation, by the name of the Hancock Free Bridge Cor-
poration, for the purpose of erecting a bridge across Charles
River, and for other purposes herein specified; and the said
corporation shall have all the powers and privileges, and be
subject to all the duties, restrictions and liabilities, set forth
in the forty-fourth chapter of the Revised Statutes.
Section. 2. Said corporation is hereby authorized to lo- Location and
cate and construct a bridge across Charles River, beginning coiistruction of
at a point, at or near the north westerly end of Allen street, " ^^'
in the city of Boston, and extending thence to the opposite
shore of said river in Cambridge, at some convenient point
between the West Boston Bridge and Canal Bridge, together
with a suitable road or way to connect said bridge with Al-
len street, aforesaid, and with the main street, or road, in
said Cambridge, and for that purpose to take a quantity of
land extending the whole length of said bridge and ways,
and not exceeding sixty feet in width, except for the erec-
tion of piers near the draw, and for such other piers as
shall be necessary for the support of the bridge, said land
to be used only for the purpose of a bridge and ways afore-
said ; said bridge shall have a good and sufficient draw, as
wide as the draw of the present West Boston Bridge, which
draw shall be located by commissioners, to be appointed by
the governor, with the advice of the council, at the ex-
pense of said corporation ; and the said corporation shall
construct a pier wharf near said draw, on each side of said
bridge, for the accommodation of vessels passing through
the same, of such form and dimensions, and extending in
such direction, as said commissioners shall direct and ap-
point ; said draw and wharves to be planked on the inside
from the top of low water to the top of said draw and
wharves, together with such other facilities and accommo-
dations for the passage of vessels, through said bridge, as
such commissioners shall direct to be made. Said bridge,
draw and wharves, shall be built of good and sufficient
materials, the bridge to be not less than forty-four feet in
width, from outside to outside, with a good footway on each
side thereof
Section 3. Said corporation shall be held liable to keep Repairs, lights,
said bridge and draw in good repair, and to raise the draw, -^c.
96
1846.-
■Chap. 146.
Remedy of
owners of real
estate in case of
disagreement as
to damages.
Provided, &c.
Tolls.
Provided, &c.
Capital stock
not to exceed
;^80,000 in
shares of ^100.
and afford all necessary and proper accommodation to ves-
sels having occasion to pass the same, by day and by night,
and shall, when necessary, keep said bridge sufficiently
lighted by lamps on each side of the same, not exceeding
seventy feet apart ; and if any vessel shall be unreasona-
bly delayed in passing said draw, by the negligence of said
corporation or their agents, in discharging the duties en-
joined by this act, the owners or masters of such vessels
may recover reasonable damages therefor, of said corpora-
tion, in an action on the case before any court competent to
try the same.
Section 4. Said corporation shall be holden to make
compensation to any person or corporation, whose real es-
tate shall be taken for the use of said bridge, and if there
shall be a difference of opinion as to the value of the same,
either party may apply to the Court of Common Pleas, in
the county where such real estate lies, for a committee to
estimate the damage such person, persons or corporations,
will sustain ; and, upon such application, the court, after
ten days' notice to the adverse parties to appear and show
cause why such committee should not be appointed, shall,
if no good reason be shown to the contrary, appoint three,
or five, disinterested freeholders, within the county, who,
being first sworn before some justice of the peace, and giv-
ing due notice to the parties to appear, if they see fit, for a
hearing, shall proceed to the duties of their appointment,
and estimate the value of the real estate, taken as aforesaid,
and shall make return of their doings, as soon as may be,
to said court; and, upon acceptance of said report, judg-
ment may be given thereon, with cost, to either party, ac-
cording to the discretion of the court: provided, that in all
cases, either party may claim a trial by jury, as in similar
cases when lands are taken for public uses.
Section 5. Said corporation shall have the right to col-
lect and receive the same rates of toll as are allowed by law
to be received by the proprietors of the West Boston Bridge :
provided, that whenever the tolls collected on said Hancock
Free Bridge, shall be sufficient to reimburse the proprietors
for the cost of the real estate, and for the building of said
bridge with six per cent, interest, annually, and for all the
expenses of the repairs upon said bridge, and all current
and incidental expenses of its superintendence and manage-
ment, leaving a fund of one hundred thousand dollars for
the future support of said bridge, then the tolls on said
bridge shall cease, and the bridge and funds shall revert to,
and be vested in, the Commonwealth, to be maintained as
a free bridge for ever after.
Section (5. Said Hancock Free Bridge Corporation are
hereby authorized to raise, for the purpose of erecting said
bridge and roads, and for the purchase of real estate neces-
1846. Chap. 146. 97
sary for the same, the sum of eighty thousand dollars, by
the creation of eight hundred shares of stock of one hun-
dred dollars each.
Section 7. Said Hancock Free Bridge Corporation shall JJ^^^"^^'^^*^®
have the right to purchase and hold the West Boston Bridge jo^ Bridge,
and the franchise thereof; and if the West Boston Bridge
Corporation shall, at a legal meeting, vote to sell their bridge
and the franchise thereof, to the Hancock Free Bridge Cor-
poration, at such price as may be agreed upon by the two
corporations, or for such sum as three disinterested persons,
or a majority of them ; one to be selected by the Hancock
Free Bridge Corporation, one by the West Boston Bridge
Corporation, and the third to be selected by the two thus
chosen, shall appraise the same to be worth ; the Hancock
Free Bridge Corporation shall assent thereto, and shall be
bound to purchase the said bridge at the appraisal so made ;
provided the said West Boston Bridge Corporation shall Provided, Sec.
transfer their bridge and the franchise thereof, to the Han-
cock Free Bridge Corporation, on or before the first day of
July next. And the said West Boston Bridge Corporation
is hereby authorized to make the aforesaid transfer of their
bridge and the franchise thereof
Section 8. The Hancock Free Bridge Corporation shall Shall purchase
also be bound to purchase the Canal Bridge ; provided the BHdge?^
Canal Bridge Corporation shall agree to sell their bridge and Provided, &c.
the franchise thereof, to the Hancock Free Bridge Corpora-
tion, at such price as may be agreed upon by the two corpo-
rations, or for such sum as three disinterested persons, to be
selected in the same manner as is heretofore provided for
the selection of the appraisers of the West Boston Bridge,
shall appraise the same to be worth, and shall make a legal
transfer of the same to the Hancock Free Bridge Corpora-
tion, on or before the first day of July next.
And the Canal Bridge Corporation are hereby authorized
to make the aforesaid transfer of their bridge and the fran-
chise thereof
If the said West Boston Bridge Corporation, and the said in case of pur-
Canal Bridge Corporation shall each sell and transfer their ^^^*«S' ^^'
11 ITT iT-1 r-»-i/^ • bridge not to
respective bridges to the Hancock J:* ree Bridge Corporation, be built,
as herein provided ; or if the said Hancock Free Bridge
Corporation shall refuse to purchase the same in conformity
to the foregoing provisions, then the authority conferred on
the Hancock Free Bridge Corporation, by the second section
of this act to build a bridge, shall be void.
Section 9. From and after the completion of the trans- Collection of
fer of either or both of said bridges, the said Hancock Free toils after said
Bridge Corporation shall have the right to collect and re- ^"^'^ ^^^^'
ceive the same rates of toll that are now received by said
corporation or corporations respectively ; provided^ that when- Prmided, &,c.
ever the tolls so received on said bridge or bridges, shall be
13
98
1846.-
■Chap. 146—147.
Annual report
of receipts, &c.
to be made in
January.
Purchase mon-
ey may be
raised in shares
of ^100.
Time for pur-
chase and com-
pletion of
bridges.
When to take
efifect.
Chap
Incorporation
continued to
April 1, 1847.
sufficient to reimburse the proprietors for the cost of said
bridge or bridges, with six per cent, interest annually, and
for all the expenses for the repairs upon the same, and all
current and incidental expenses of the superintendence and
management of the same, leaving a fund of one hundred
thousand dollars for the future maintenance of the West
Boston Bridge, or a fund of fifty thousand dollars for the
support of the Canal Bridge, in case but one of said bridges
shall be purchased, or the sum of one hundred and fifty
thousand dollars, should both of said bridges be so purchas-
ed, the tolls on said bridge or bridges shall cease, and the
bridge or bridges so purchased, together with said fund, shall
revert to and become the property of the Commonwealth,
the said bridge or bridges, to be maintained from said fund
free of tolls, forever after.
Section 10. Said Hancock Free Bridge Corporation shall
make an annual report, in the month of January, in each
year, to the governor and council, of all receipts from toll
or other sources, and of all expenses incurred for repairs and
taking care of said bridge or bridges, during the year next
preceding, and shall further make a like report at any time
when required by the governor, by and with the advice of
the council.
Section 11. Said Hancock Free Bridge Corporation is
hereby authorized to raise, for the purpose of purchasing
said bridge or bridges, an amount of stock equal to the
amount paid for the purchase of the same, by the creation
of a requisite number of shares of one hundred dollars
each.
Section 12. If the said West Boston and Canal Bridges
shall not be purchased as is herein before provided, or if the
said Hancock Free Bridge, and the roads leading thereto,
shall not be completed and opened for travel within four
years from the passage of this act, then the same shall be
null and void.
Section 13. This act shall take effect from and after its
passage. [^Approved by the Governor, March 26, 1846.]
1 A7 An Act giving further time to the President, Directors and Company of the
Cohannet Bank to close their concerns.
BE it enacted by the Senate arid Honse of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. The president, directors and company of the
Cohannet Bank, are continued a corporation for the period
of one year from the first day of April, in the year one thous-
and eight hundred and forty-six, 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.
1846. Chap. 147—148. 99
Section 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 25, 1846.] ^ ^'^''
An Act to authorize "the Geaeral Convention of the Baptist Denomination in QhaV 148.
the United States, for Foreign Missions, and other important objects relat- ■'^
ing to the Redeemer's Kingdom," to take and use the name of "the Amer-
ican Baptist Missionary Union," and to define more clearly the purpose,
rights and powers of the said Corporation.
BE it enacted bij the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The corporation created in Pennsylvania, Pennsylvania
under the name of " the General Convention of the Baptist 3°d,^ilX°""
Denomination in the United States, for Foreign Missions, another name,
and other important objects relating to the Redeemer's King-
dom," may hereafter take and use, and be called and known
by the name of the American Baptist Missionary Union, as
well as by its said original name of incorporation, and is
hereby continued a body corporate, with all the powers and
privileges, and subject to all the duties, liabilities and re-
strictions, set forth in the forty-fourth chapter of the Revised
Statutes, as far as applicable.
Section 2. The single purpose of the said American Objects of the
Baptist Missionary Union shall be to diffuse the know- ^°"®'y-
ledge of the religion of Jesus Christ, by means of missions
throughout the world.
Section 3. The union shall meet annually on the third ^"j"^' ^®®'"
Thursday of May, or at such other time, and at such place
as it may appoint.
Section 4. Nothing herein contained shall render invalid Grants, &c.,
any gifts, grants, devises and legacies, which have been or ^et/undents"'
hereafter may be made to the said corporation, by the name former name,
of "the General Convention of the Baptist Denomination "^ evaid.
in the United States for Foreign Missions and other import-
ant objects relating to the Redeemer's Kingdom," but the
same shall enure to and be held to be made to and belong
to the said corporation, notwithstanding the authority hereby
given it to use the name of the American Baptist Missionary
Union. Provided, that no verbal mistake in the name of Provided, &c.
the said corporation shall invalidate any gift, grant, devise
or legacy intended for it.
Section 5. The said corporation may, for the purpose Real estate not
aforesaid, hold real estate not exceeding in amount fifty ^Jso^i^ofand
thousand dollars, and personal estate not exceeding in personal'
amount one hundred thousand dollars. [Approved by the Sioo,ooo.
Governor, March 25, 1846.]
100
1846.-
■Chap. 149—151.
Chap 149.
Wharf in
Charlestown
may be ex-
tended to the
line, &.C.
Provided, &c.
ChaplSO.
Persons incor-
porated for be-
nevolent pur-
poses.
Real estate not
to exceed
$40 000, and
personal
;g 10,000.
Chapl51.
Persons incor-
porated,
to construct,
support, &c.,
one or more re-
servoirs, &c.
An Act to authorize Samuel Barnard and Jacob Hittinger to extend their
Wharf.
BE it enacted by the Seriate and House of Representa-
iiveSj in General Court assembled, and by the authority of
the same, as follows :
Samuel Barnard and Jacob Hittinger are hereby author-
ized to extend their wharf in the town of Charlestown, to
the line established by the act concerning the harbor of Bos-
ton, passed on the seventeenth day of March, in the year
one thousand eight hundred and forty, and shall have the
right to lay vessels at the end and sides of said wharf, and
receive wharfage and dockage therefor : provided, that so
much of said wharf as shall extend below low water mark,
shall be built on piles, which piles shall not be nearer to
each other than six feet in the direction of the stream, and
eight feet in a transverse direction, and that the provisions
of this act shall in no wise affect the legal rights of any
corporations or persons whatever. [Approved by the Gov-
ernor, March 25, 1846.]
An Act to incorporate the New England Female Moral Reform 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 :
Section 1. Catharine Kilton, Rebecca Eaton, Mary R.
Clough, and Hannah B. Emerson, their associates and suc-
cessors, are hereby incorporated and made a body politic, by
the name of The New England Female Moral Reform Soci-
ety, for the reform of dissolute women, and aiding them to ob-
tain suitable employment, and for these purposes, shall have
all the powers and privileges, and be subject to all the duties
and liabilities, set forth in the forty-fourth chapter of the
Revised Statutes.
Section 2. The said corporation may take and hold real
estate not exceeding the value of forty thousand dollars, and
personal estate not exceeding the value of ten thousand dol-
lars, for the aforesaid charitable purposes. [Approved by
the Governor, March 25, 1846.]
An Act to incorporate the Wading Eiver Reservoir Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Samuel L. Crocker, Jonathan Bliss, Silas
Shepard, their associates and successors, are hereby made
a corporation, by the name of The Wading River Reservoir
Company, for the purpose of constructing, supporting and
occupying a reservoir or reservoirs of water in the towns of
Wrentham and Foxborough, in the county of Norfolk, and
of increasing the water-power of the river called Three
1846 Chap. 151—152. 101
Mile River, for the benefit of the mills and manufacturing
establishments thereon, with all the powers and privileges,
and subject to all the duties, restiictions and liabilities, set
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Section 2. Said corporation is hereby authorized to make May construct
and construct all necessary dams, gates and trenches, and ^^^^' '''
to hold real and personal estate, necessary and convenient
for the purposes aforesaid, not exceeding in amount eight- Estate not to
een thousand dollars. [Approved hy the Governor^ March exceed ^i8,ooo.
25, 1846.]
An Act to incorporate the South Shore Rail-road Company. ChcLT) 152.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Gershom B. Weston, William H. Sampson, Persons incor-
and John Hicks, their associates and successors, are hereby ^1°!,^^*'^ raii-°°'
made a corporation, by the name of the South Shore Rail- road,
road Company, with all the powers and privileges, and sub-
ject to all the duties, restrictions and liabilities, set forth in
the forty-fourth chapter of the Revised Statutes, and in that
part of the thirty-ninth chapter of said statutes, which re-
lates to rail-road corporations, and in the several statutes
which have been, or may be passed, relating to such cor-
porations.
Section 2. The said company may construct a rail-road Location of
commencing at the most convenient point, at or near the '^°^^' ^'^'
depot of the Old Colony Rail-road in Quincy, and thence
in the most eligible route through the northerly part of the
town of Braintree, and thence through the town of Wey-
mouth by Weymouth Landing and East Weymouth, to the
town of Hingham, and thence through the towns of Hing-
ham, Cohasset, Scituate, and Marshfield, to a convenient
point in the town of Duxbury ; pursuing the courses
laid down in the surveyor's reports and plans, filed with
the petition, as nearly as conveniently may be, except-
ing at the point of junction in Q,uincy ; provided, however, provided &c.
that the said road shall not cross any navigable waters in
said town of Weymouth.
Section 3. The capital stock of said company, shall not Capital stock
exceed six hundred thousand dollars, and shall be divided ",rnn°n?,A^^-^'^
1 r c r 1 ^1 1 1 1111 #600,000, in
mto shares oi nlty dollars each, and no assessment shall be shares of $m.
laid, exceeding in the whole fifty dollars on each share, and
said corporation may invest and hold such part thereof in
real estate, as may be necessary and convenient, for the
purposes of their incorporation.
Section 4. The Legislature may, after the expiration of The Legislature
four years, from the time when the said rail-road shall be ^^y au"/r IH^^
opened for use, from time to time, alter or reduce the rate reduce, tolls and
of tolls or other profits, upon said road, but the said tolls ^^°^^^-
102
1846.-
■Chap. 152—153.
Provided, &c.
Time for loca-
ting and com-
pleting road.
May unite with
the Old Colony
Rail-road Cor-
poration.
Legislature
may authorize
any other com-
pany to unite,
&c.
ChaplbS.
Persons incor-
porated,
to manufacture
cotton, wool
and flax, in
Methuen.
Estate not to
exceed
^1,000,000.
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.
Section 5. If said corporation be not organized, and the
location of their road filed within one year, and that portion
of the road from Quincy to Cohasset, be not completed
within two years from the first of May next ensuing, and
the road from Cohasset to Duxbury, be not completed with-
in three years from said last named date, then this act shall
be void.
Section 6. The said corporation is hereby authorized to
unite their rail-road, with that of the Old Colony Rail-road
Corporation, in Quincy, at such point, at or near to their
present depot, as may be most eligible, with all the rights
and privileges of entering upon and using the same, and of
having their passengers, merchandise and cars, drawn over
the same by the Old Colony Rail-road Corporation, and
subject to all the restrictions, terms and conditions, set forth
in any laws now existing, or which shall be hereafter
enacted, to regulate the use of rail-roads, and subject also
to such reasonable rules and regulations, as may be estab-
lished by the said Old Colony Rail-road Corporation, for
their mutual safety and convenience. And the Legislature
may authorize any rail-road corporation, to unite their road
with the road of the said South Shore Rail-road Company,
with the like rights and privileges, and subject to the like
restrictions, terms and conditions, and to such reasonable
rules and regulations, as may be for the like purpose, estab-
lished by the said South Shore Rail-road Company. [-4^0-
proved by the Governor, March 26, 1846.]
An Act to incorporate the Union Mills.
BE it enacted by the Senate and House of Represeiita-
tives, in General Court assembled, arid by the authority of
the same, as follows :
Section 1. William Almy, Abbott Lawrence and Henry
B. Stone, their associates and successors, are hereby made
a corporation, by the name of The Union Mills, for the
purpose of manufacturing cotton, wool and flax, in the
town of Methuen, in the county of Essex, with all the
powers and privileges, and subject to all the duties, restric-
tions and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold, for the purposes
aforesaid, real and personal estate not exceeding in value,
the sum of one million of dollars. [Approved by the Gov-
ernor, March 26, 1846.]
1846. Chap. 154. 103
An Act in relation to the House of Correction and Asylum for Insane Per- nhnn 1 54
sons in the County of Essex. " '
BE it enacted by the Sejiate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The county commissioners of the county of Master of the
Essex, may, if they judge it expedient, pay the master of j^°"on°j|ay°be
the house of correction, for said county, for his services, by paid by a sai-
a salary, instead of paying him for the board or support of ^^y>^'^-
prisoners ; and, if he shall be so paid, all necessary supplies
for said house shall be procured and furnished by said com-
missioners, or by the overseers thereof, under the direction
of said commissioners, and said county of Essex shall have
the same remedies for maintaining prisoners committed to
said house as are provided by law for the city of Boston in
like cases.
Section 2. The said county commissioners shall appoint County com-
a superintendent and matron of the receptacle or asylum'"'**'?"^''***'
/• ■ 1- T • ,■ • I ^ T IT appoint super-
ior idiots and insane persons not luriously mad, erected and imendent and
provided for said county, agreeably to the two hundred and jjjatron of asy-
twenty-third chapter of the statutes, passed on the thir- &.c.
teenth day of April in the year one thousand eight hundred
and thirty-six, and all persons confined therein shall be
committed to the care and custody of said superintendent,
who shall keep a record of all commitments thereto and of
all discharges therefrom, and a reasonable compensation
shall be allowed to said superintendent and matron for their
services; and said county shall have the same remedies for
the care and support of persons confined in said asylum, as
are provided in the preceding section for maintaining pris-
oners in the house of correction.
Section 3. All lunatics or idiots who have been or shall i-unaiics, &c. .
be removed from the State Lunatic Hospital, at Worcester, [h^sirte HoT-
to said county of Essex, by order of the trustees thereof, pitai, to be con-
pursuant to the provisions of law, which require that pa- asylum "^^
tients so removed shall be confined in the house of correc-
tion or in one of the jails in said county, shall hereafter be
confined in said asylum.
Section 4. The said county commissioners may, if they Commissioners,
deem it expedient, and the sheriflT, of said county, shall of'Jhe^Veriff^"*
thereto consent, provide, and furnish all necessary supplies may provide at
for the prisoners who may be committed to the jail in Jps- ip^wkh, &,c.
wich, in said county, and allow the keeper thereof, for his
care of the same and for his services, such compensation as
they may judge reasonable.
Section 5. The act " to provide for the government and Essex excepted
management of houses of correction in certain cases," [[o!"of'^ °''^'^*"
passed on the fourth day of February, hi the year one thou- act"° p""^^'""^
sand eight hundred and forty-six, shall not apply to said
county of Essex.
104 1846. Chap. 154—157.
When to take Section 6. This act shall take effect from and after its
passage. [Approved by the Governor^ March 26, 1846.]
CIlCLT) 155 -^"^ ^^"^ '■° incorporate the Millville 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 folloios :
Persons incor- SECTION 1. Charlcs L. Harding, Jonathan Farnum, Wel-
porated, comc Farnum, their associates and successors, are hereby
made a corporation, by the name of the Millville Manufac-
to manufacture turing Company, for the purpose of manufacturing cotton
cotton and ^^^ wooUcu goods, in the town of Blackstone, county of
in Blackstone. Worcester ; with all the powers and privileges, and subject
to all the duties, restrictions, aud liabilities, set forth in
the thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Real estate not SECTION 2. Said Corporation may hold, for the purpose
^75)000, and aforesaid, real estate, not exceeding in value seventy-five
capital stock thousand dollars, and the whole capital stock shall not ex-
* ' ■ ceed two hundred and fifty thousand dollars. [Approved
by the Governor, March 26, 1846.]
Chnn 1 ^fi -^^ ^^"^ ^^ increase the Capital Stock of the Northampton Woollen Manu-
Unap 100. facturing 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 :
Capital stock The Northampton Woollen Manufacturing Company
creased'"" '^^^ hereby authorized to increase their capital stoclcto
$200,000. an amount not exceeding two hundred thousand dollars ;
and to invest such increase in real and personal estate,
necessary and convenient for carrying on the business of
said corporation. [A2)proved by the Gover?ior, March 26,
1846.]
r^h 1 Pi7 -^^ "^^^ ^'^ establish the Lowell and Andover Kail-road 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 follows :
Persons incor- SECTION 1. William Li vingstoii, Sidney Spauldiug, Otis
porated to con- Alien, Royal Call, their associates and successors, are
tructarail-road. ' ■' ,■ 1 , r , , ,', t
hereby made a corporation, by the name 01 the liOwell and
Andover Rail-road Company, with all the powers and privi-
leges, and subject to all the duties, liabilities and provisions,
contained in that part of the thirty-ninth chapter of the
Revised Statutes, and the statutes which have been, or may
be subsequently passed, which relate to rail-road corpora-
tions, and also in the forty-fourth chapter of said Revised
Statutes.
1846. Chap. 157. 106
Section 2. The said company is hereby authorized and Location of
empowered to locate, construct, and finally complete a rail- '°^ '^'^^
road, with one or more tracks, from some convenient point
in the city of Lowell, near the termination of a contem-
plated branch of t?ie Nashua and Lowell Rail-road, and
between the junction of said branch and the canal, thence
crossing the track of the Boston and Lowell Rail-road, at
or near the arch bridge, and running within the location of
the said rail-road, by or near the east side of said tracks,
to a point between the bridge over the old Boston road, and
the junction of the branch rail-road, leading to the Lowell
Bleachery, with power to alter, in a suitable manner,
within said limits, and under the provisions hereinafter
contained, the bridges and abutments across said Boston
and Lowell Rail-road, and with power to diverge easterly
therefrom, by one or more tracks, to some convenient point
or points, not more than fifty rods therefrom, and thence
through the town of Tewksbury, passing near the Rev.
Jacob Coggins' meeting-house, and thence by a line running
west of Raggett's Pond, so called, in Andover, to some
convenient point at or near the contemplated branch of the
Boston and Maine Rail-road, to Methuen, or intersecting
with the said Boston and Maine Rail-road near the Ando-
ver Bridge.
Section 3. The said company is hereby authorized to My enter upon
enter, with their road, upon the Boston and Maine Rail- Boston^^nd
road and the Nashua and Lowell Rail-road, at the points Maine, the
above described, and upon that part of the Boston and LoweM^and
Lowell Rail-road which is north of the junction of the Boston 'and
branch leatJing to the Lowell Bleachery, and to use the J;"^^ ' ^^'''
same or any part thereof.
Section 4. The said company shall construct and main- Crossings, &c^
tain their track, or so much thereof, as shall be within the by'fiostfnMd
location of the Boston and Lowell Rail-road Corporation, Lowell Corpo-
and shall cross the tracks of said corporation, in such place LgneraUct^
within the limits prescribed by this act, and in such manner &,c.,
as the Boston and Lowell Rail-road Corporation shall pre-
scribe, or as shall be determined and fixed according to the
provisions of the act passed the 25th day of March last,
entitled, " An Act to regulate the use of Rail-roads," and
shall conform to and abide by such reasonable rules and
regulations, for security against collision and accidents, as
the Boston and Lowell Rail-road Corporation shall estab-
lish for the management of the motive power and trains on
the respective roads, at or near such crossings, or within
the location of said corporation.
Section 5, If the company hereby created shall object or by commis-
to the place and manner, in which they shall be required to s'^"^""*' ^'=-
construct and maintain their crossing and track, by the
14
106
1846.-
-Chap. 157.
Compensation
to Boston and
Lowell Rail-
road.
Capital stock
not to exceed
^300,000 in
shares of $100.
Time for loca-
tion and com-
pletion of road,
The Legislature
may authorize
other compa-
nies to enter
upon and use
the road.
The Legisla-
ture after 5
years may re-
duce tolls and
profits.
Provided, &c.
When to take
effect.
Boston and Lowell Rail-road Corporation, within their
premises, or to the rules and regulations which they shall
prescribe, as aforesaid, ihen and in such case the same shall
be established and determined, from time to time, by com-
missioners appointed according to the provisions of the said
act, to regulate the use of rail-roads. And it is further
provided, that the company hereby created shall pay to the
Boston and Lowell Rail-road Corporation, a reasonable
compensation for such use of their road as is granted by
this act, the amount to be paid in one sum and not as an-
nual rent, and to be determined, in case of disagreement,
by three referees, two of whom the said companies shall
appoint, (each company appointing one,) and the two shall
choose a third ; and the company hereby established shall
indemnify the said Boston and Lowell Rail-road Corpora-
tion, from time to time, for any additional cost and expenses
which they shall be put to by reason of such crossing of
their road, in the preparation, repair and maintenance
thereof, and arising from the necessity of the precautions
aforesaid, to be prescribed for the prevention of collisions
and accidents.
Section 6. The capital stock of said Lowell and Ando-
ver Rail-road Company shall consist of not more than three
thousand shares, the number of which shall, from time to
time, be determined by the directors thereof; and no assess-
ment thereon shall be laid, of a greater amount, in the
v/hole, than one hundred dollars on each share.
Section 7. If the location of said rail-road shall not be
filed, according to law, within one year from the first day
of September next, or if said company shall not complete
said rail-road to the extent provided for in the second sec-
tion of this act, according to the terms therein stated, within
three years from the first day of September next, then this
act shall be null and void.
Section 8. The Legislature may authorize any company
to enter with another rail-road, at any point of said Lowell
and Andover Rail-road, and use the same or any part
thereof.
Section 9. The Legislature may, after the expiration of
five years from the time when said rail-road shall be opened
for use, from time to time, reduce the rates of toll, or other
profits, upon said rail-road ; but said toll, or other profits,
upon said rail-road, shall not, without the consent of said
company, be so reduced as to produce, with said profits,
less than ten per cent, per annum.
Section 10. This act shall take effect from and after its
passage. {Apjjroved by the Governor, March 27, 1846.]
1846. Chap. 158. }Q7
An Act authorizing the Boston and Providence Rail-road Corporation to con- /^^ ~„ i ep
struct a Branch Rail-road. Lfnap lOO.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. The Boston and Providence Rail-road Cor- Location of
poration are hereby authorized with all the powers and priv- Branch road,
ileges, 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, and
all statutes subsequently passed relating to rail-road com-
panies, to locate and construct a branch rail-road commenc-
mg at some eligible point in the line of the Boston and Prov-
idence Rail-road in Attleborough Precinct, and thence run-
ning in a westerly direction over or near Read's Pond, and
through or near Attleborough Meadows, so called, and
through or near Brick Hill, to the line of the State of Rhode
Island, in said town of Attleborough ; or commencing at
some point in said Boston and Providence Rail-road, be-
tween the village of Dodgeville and the seven mile post on
said road, and thence running in a westerly direction, south-
erly of Miller's Hill, and through or near Sweeting Swamp,
to the line of the State of Rhode Island, in the town of
Pawtucket or the town of Attleborough.
Section 2. The said corporation, for the purpose of con- Capital stock
structing the said branch road, are hereby authorized to in- ^^^ ''add^n^*^"
crease their capital stock, by an amount not exceeding one gi30,ooo, in
hundred and thirty thousand dollars, by creating an addi- ^^^^^^ °^ '^^°^-
tional number of shares, not exceeding thirteen himdred, of
one hundred dollars each.
•Section 3. The said Boston and Providence Rail -road Capital stock
Corporation are hereby authorized to expend of their capital ^cTmconTeTti'if.i^
stock, such sum as the directors may deem expedient for the a rail-road, <fec°
purpose of connecting a rail-road, which shall be a continu- a^n^'"p^ufch^^e'c)f
ation of the branch road herein before authorized to be con- depot, &c.
structed, with the rail-road of the Providence and Worces-
ter Rail-road Corporation, for the laying of a track or tracks
from the point of junction of said roads to the city of Prov-
idence, for the purchase of depot accommodations in said
city of Providence, and for the making of any other arrange-
ments which may be necessary to etfect and complete the
connection between the roads aforesaid. {Approved by the
Governor, March 27, 1846.J
t08
1846.-
■Chap. 159—160.
Chap 159.
Location, con-
struction and
maintenance,
form, &c. of a
a bridge in
Salem.
Proceedings
before city
council.
When to take
effect.
Chap 160.
Persons incor-
porated.
An Act to authorize the City of Salem to construct a Bridge across South
River in Salem.
BE it enacted by the Seriate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. The city council of the city of Salem, are
hereby authorized, whenever, in their opinion, the public
convenience shall require it, to construct a bridge over and
across South River, in said Salem, in a line from Union
street to Stage Point, so called, with a draw not less than
thirty feet in width, but wider, if public convenience shall
require, and with such piers as, in their judgment, may be
necessary.
Section 2. In constructing said bridge, the same proceed-
ings shall be had before the mayor and aldermen and the
common council, as are by law required in laying out streets
and townways.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 27, 1846.]
Location, con-
struction, main-
tenance, form,
&c. of a bridge
over the Con-
necticut River.
Tolls.
An Act to incorporate the Proprietors of the Cabot and West Springfield
Bridge.
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 :
Section 1. Robert E. Bemis, Veranus Chapin, Aaron
Ashley and Horace Smith, their associates, successors and
assigns, are hereby made a corporation, by the name of The
Proprietors of Cabot and West Springfield Bridge, 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.
Section 2. The said corporation is hereby authorized
and empowered to erect a bridge over Connecticut River,
between the towns of Springfield and West Springfield, at
Ashley's Ferry, so called, or between that and Jones' Ferry,
the location to be fixed by the county commissioners of the
county of Hampden, and to purchase and hold such real
estate as may be proper for the purpose : and said bridge
shall be well built of suitable materials, at least twenty-six
feet wide, and covered with planks, with sufiicient rails on
each side for the protection of passengers travelling thereon,
and shall be kept in good repair at all times.
Section 3. A toll is hereby granted to said proprietors,
and is established at the following rates, viz : for each foot
passenger, one cent ; for each horse and rider, five cents ;
for each gig, sulkey or buggy wagon, twelve cents ; for each
chaise, carryall or covered buggy, fifteen cents; for each
coach, chariot or phaeton, drawn by two horses, twenty-five
cents ; and for each additional horse, four cents ; for each
1846. Chap. 160—161. 109
cart, wagon, sled, or other carriage of burden, drawn by
one beast, ten cents ; for each additional beast, four cents ;
for each horse without a rider, four cents ; for neat cattle,
asses and mules, each, three cents ; for sheep and swine,
each, one cent ; and one person and no more to each team,
shall pass free from toll ; and all persons who shall have
occasion to pass the said bridge, to perform military duty,
shall pass, with their necessary horses and carriages, free
from toll.
Section 4. The said tolls shall commence on the day of Period of taking
the opening of said bridge, and continue for the term of fifty ^°"^-
years thereafter ; and, at the place of receiving the said
tolls, there shall be constantly exposed to view, a sign board, sign board with
with said rates of toll, fairly and legibly printed thereon. ^^^^^ of toll.
Section 5. The said corporation, at the time of the open- Account of
ing of the said bridge, or as soon as may be thereafter, shall cost, receipts,
cause a true account of the expenses of building the same; *^'sbursements.
and also, at the end of every three years thereafter, a true
account of all receipts and disbursements on account of the
same, to be returned into the office of the Secretary of the
Commonwealth.
Section 6. The said corporation may, if it see cause, Commuiation
commute said rates of toll with any person or persons, by of^o^™'""^'**"
taking of him or them, a certain less sum, payable at any
stated periods, instead of the toll aforesaid ; or by taking of
all persons less rates of toll than as before specified : public
notice of their intention so to do, being first given, by pub-
lishing the same three weeks successively, in any newspaper
printed in the county of Hampden.
Section 7. The Legislature may, at any time hereafter. The Legislature
regulate the tolls on said bridge, as they may deem expe- may regulate
dient.
Section 8. If the said corporation shall neglect, for the Time forcom-
space of four years from the passing of this act, to build {^[^^"^ '^®
and finish the said bridge, then this act shall be of no effect.
[Approved by the Governor, March 27, 1846.]
An Act authorizing the Norfolk Mutual Fire Insurance Company to hold C'AflO 161.
Real Estate. "
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Norfolk Mutual Fire Insurance Company Real estate not
are hereby authorized to purchase and hold such real estate, ^15^000*^
in the county of Norfolk, to an amount not exceeding fifteen
thousand dollars, as may be convenient for the business of
said institution.
Section 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 27, 1846.] '^^^'^^'
110 1846. Chap. 162.
Chnrt 1 fi9 -^^ ^^'^ ^° incorporate Mount Holyoke 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 :
Persons incor- SECTION 1. John S. Adams, Luke Sweetser, and Samuel
porated. Nash, and their associates and successors, are hereby made
a corporation, by the name of Mount Holyoke Rail-road
Company, with all the powers and privileges, and subject
to all the duties, liabilities and restrictions, set forth in the
forty-fourth chapter of the Revised Statutes, and in that
part of the thirty-ninth chapter of said statutes relating to
rail-road corporations, and in all other general laws, which
have been or shall be hereafter passed, relative to rail-road
corporations.
Location of SECTION 2. Said Corporation is hereby empowered and
'"°*^' authorized to locate, construct, and complete a rail-road,
with one or more tracks, from the southern termination
of the Hampshire and Franklin Rail-road, in the village
of Hockanum, in the town of Hadley and county of
Hampshire, passing through a part of Hadley and South
Hadley, in said county, and a part of Springfield, in the
county of Hampden, to some convenient point upon the
Connecticut River Rail-road, at or near Willimanset in said
Springfield.
Capital stock SECTION 3. The Capital stock of said corporation shall
«200°00(f1n'^ consist of not more than two thousand shares, the number
share's of '^100. of which shall, from time to time, be determined by the di-
rectors of said corporation ; and no assessment shall be laid
thereon of a greater amount in the whole than one hundred
dollars on each share ; and said corporation may invest and
hold such part thereof in real and personal estate as may
be necessary and convenient for the purposes of their incor-
poration.
Time for loca- SECTION 4. If Said Corporation be not organized, and
tionandcom- that part of the location of its road within the county of
petiono roa . jjg^j^^pg|^jj.g^ ^g j^qj fj}g(j -^[t]^ \\^q county Commissioners of
that county, and the location of that part of said road with-
in the county of Hampden, be not filed with the county
commissioners of that county within one year, and the said
rail-road be not completed within three years from the pas-
sage of this act, then the same shall be void.
May enter upon SECTION 5. Said Corporation is hereby authorized to enter
and use the upon, and uuite their rail-road, by proper turnouts and
Hampshire and ^ . \ ■ i i tt i ■ i t-i i i- ti i i
Franklin Rail- switches, With the Hampshire and J:- ranklin Rail-road, at
road, tj^g termination thereof at Hockanum, and use the same or
any part thereof
andConnecti- SECTION 6. Said Mouut Holyoke Rail-road Company
road^'^^'^ ^^'^" '^^y ^^^^ enter upon, and unite their rail-road, by proper
turnouts and switches, with the Connecticut River Rail-
road, at some convenient place at or near Willimanset in
1846. Chap. 162—163. Ill
Springfield, and use said Connecticut River Rail-road, or
any part thereof, between said point and the junction there-
of .with the Western Rail-road in Springfield.
Section 7. The Legislature may authorize any compa- The Legislature
ny to enter with another rail-road upon, and use the said ""ay authorize
Mount Holyoke Rail-road, or any part thereof, by comply- pany°it)*^eiuer"
ing with such reasonable rules and regulations, as the said upon and use
Mount Holyoke Rail-road Company may prescribe, or as "*'^°^ •
may be determined according to the provisions of law.
Section 8. The Legislature may, after the expiration of The Legisia-
five years from the time when the said Mount Holyoke ^"'"®' ^'^*^'' ^
■n-iiiiii 1 r r ■ ^i years, may re-
Kail-road shall be opened tor use, irom time to time, alter duce toils and
and reduce the rate of toll, or profits upon said road ; but P''"^^^,
said toll shall not be so reduced, without the consent of said P^ov^^^f^t <^c.
corporation, as to produce, with said profits, less than ten
per cent, per annum.
Section 9. The said Mount Holyoke Rail-road Compa- May unite with,
ny, and the Hampshire and Franklin Rail- road Company n"n,e^or'he
are hereby authorized to unite in such a manner, and on Hampshire and
such terms, as the respective corporations may agree upon ; J^'^^^''^" ^^'''
and when the said corporations shall have so united, they
shall be one corporation, by the name of the Hampshire
and Franklin Rail-road Company ; and all the franchises,
property, privileges, duties, and liabilities, granted, acquired,
or incurred, under the authority of the respective charters
of said corporations, shall be held, enjoyed, and performed
by the said Hampshire and Franklin Rail-road Company,
as the same shall exist after such union ; and their capital
stock may then be equal to the amount of their several
capitals; provided, hou'ever, that no such union shall take Provided, &,c.
place without a vote of two thirds of the legal voters of the
said Mount Holyoke Rail-road Company, and also of the
said Hampshire and Franklin Rail-road Company, at meet-
ings of said companies respectively, duly notified and called
for that purpose. [Apjjroved by the Governor^ March 27,
1846.]
An Act to incorporate the Braintree Cotton Manufacturing Company. CIlClT} 1 GS
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Jacob Perkins, Salmon Hewitt, their asso- Persons incor-
ciates and successors, are hereby made a corporation, by P°''ated,
the name of the Braintree Cotton Manufacturing Company,
for the purpose of manufacturing cotton goods, and macliin- to manufacture
ery, in the town of Braintree, county of Norfolk ; with all '^°^'*'" so°ds
1 1 .., T 1 • HIT- and machinery
the powers and privileges, and subject to all the duties, re- in Braintree.
strictions and habilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may, for the purpose afore-
112
1846.-
■Chap. 163—166.
Real estate not said, hold real estate not exceeding in value twenty-five
^25/)oo, and thoLisand dollars, and the whole capital stock shall not ex-
capitai stock cced seventy-five thousand dollars. [Approved by the Gov-
^75,000. g^^^^^ March 27, 1846.]
Chap 164. -^^ -A-CT additional to "An Act to incorporate the Vermont and Massachusetts
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 :
Section 1. The time fixed for the filing of the location
of the road specified in the third section of an act entitled
"An Act to incorporate the Vermont and Massachusetts
Rail-road Company," approved on the fifteenth day of
March, in the year one thousand eight hundred and forty-
four, is hereby extended beyond the first day of April next,
until the expiration of thirty days from and after the ad-
journment of the present session of this General Court.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, March 27, 1846.]
Time for filing
location of road,
extended to
thirty days from
the adjournment
of the General
Court.
When to take
effect.
Chap 165.
Persons incor-
porated;
to manufacture
cotton gins in
East bridgewa-
ter.
Real estate not
to exceed
^20,000, and
capita! stock
^75,000.
Chap 166.
Wharves in
Chelsea may
be extended
60 feet.
An Act to incorporate the E. Carver 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 :
Section I. Eleazer Carver, Caleb S. Hunt, Franklin
Dexter, their associates and successors, are hereby made a
corporation, by the name of the E. Carver Company, for
the purpose of manufacturing cotton gins in the town of
East Bridge water, county of Plymouth; with all the pow-
ers and privileges, and subject to all the duties, liabilities and
restrictions, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Section 2. Said corporation may, for the purposes afore-
said, hold real estate to the amount of twenty thousand
dollars, and the whole capital stock of said company shall
not exceed seventy-five thousand dollars. [App?oved by the
Governor, March 27, 1846.]
An Act to authorize the extension of the Wharves and Landing Place, at
Chelsea, of the Winnisimet 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 :
Section 1. The Winnisimet Company are hereby author-
ized, for the better accommodation of the public travel on
the Winnisimet Ferry, to extend their wharves and docks,
for the reception of the ferry boats at Chelsea, into and over
the tide waters of the harbor, to a distance not exceeding
sixty feet from the end of their present wharves and docks
1846. Chap. 166—167. 113
at said Chelsea, by driving additional piles in front of the
same, with the right and privilege of using and occupying
the flats, within or adjoining the said wharves and struc-
tures, for the purposes of said ferry : jnovided^ that nothing Provided, Si,c.
in this act contained shall in any wise impair or interfere
with the private rights of any other person or persons what-
soever. [Approved by the Governor, March 27, 1846.]
An Act for supplying the City of Boston with Pure Water. Chcip 167.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The city of Boston is hereby authorized, by City may obtain
j^i 1^1 i-.i •• xu water from
and through the agency of three commissioners, to be ap- LongPond,&c.
pointed in the manner hereinafter provided, to take, hold and in Naiick, &c.
convey to, into and through the said city, the water of Long
Pond, so called, in the towns of Natick, Wayland and Fra-
mingham, and the waters which may flow into and from
the same, and any other ponds and streams within the dis-
tance of four miles from said Long Pond, and any water
rights connected therewith ; and may also take and hold, by And may take
purchase or otherwise, any lands or real estate necessary for ^^ ^°^^ •^°**'
laying and maintaining aqueducts for conducting, discharg-
ing, disposing of, and distributing water, and for forming
reservoirs ; and may also take and hold any land on and
around the margin of said Long Pond, not exceeding five
rods in width, measuring from the verge of said pond, when
the same shall be raised to the level of eight feet above the
floor of the flume at the outlet thereof, and on and around
the said other ponds and streams, so far as may be neces-
sary for the preservation and purity of the same, for the
purpose of furnishing a supply of pure water for the said
city of Boston. The city of Boston shall, within sixty days Provided, Sic.
from the time they shall take any lands or ponds or streams
of water for the purposes of this act, file, in the office of the
registry of deeds, for the county where they are situate, a
description of the lands, ponds or streams of water so taken, as
certain as is required in a common conveyance of lands, and
a statement of the purpose for which taken, which said de-
scription and statement shall be signed by the said mayor.
Section 2. The said city may, by and through the same May construct
agency, make and build one or more permanent aqueducts, damlf ai!d res-
from any of the aforesaid water sources, to, into and through ervoirs,&c.,dis-
the said city, and secure and maintain the same by any ^'c^andTross
works suitable therefor: may connect the said water sourc- anddiguphigh-
es with each other ; may erect and maintain dams to raise ^^y®' *'''•
and retain the waters therein ; may make and maintain res-
ervoirs within and without the said city; may make and es-
tablish such public hydrants, in such places as may, from
time to time, be deemed proper, and prescribe the purposes
15
114
1846.-
-Chap. 167.
Appointment,
duties, &c. of
commissioners.
Compensation.
for which they may be used, and may change or discontinue
the same; may distribute the water throughout the city,
and for this purpose may lay down pipes to any house or
building in said city, the owner or owners thereof having
notice and not objecting thereto ; may regulate the use of the
said water within and without the said city, and establish
the prices or rents to be paid therefor. And the said city
may, for the purposes aforesaid, carry and conduct any
aqueducts, or other works, by them to be made and con-
structed, over or under any water-course, or any street, turn-
pike-road, rail-road, highway, or other way, in such man-
ner as not to obstruct or impede travel thereon ; and may
enter upon and dig up any such road, street or way, for the
purpose of laying down pipes beneath the surface thereof,
and for maintaining and repairing the same; and, in gener-
al, may do any other acts and things necessary, or conveni-
ent and proper, for the purposes of this act.
Section 3. Three commissioners shall be appointed by
the city council, who shall, during their continuance in of-
fice, execute and perform, and superintend and direct, the
execution and performance of all the works, matters and
things mentioned in the preceding sections which are not
otherwise specially provided for in this act ; they shall be
subject to such ordinances, rules and regulations, in the exe-
cution of their said trust, as the city council may, from time
to time, ordain and establish, not inconsistent with the pro-
visions of this act and the laws of this Commonwealth ;
they shall respectively hold their said offices for the term of
three years next after their said appointment, unless the
aqueducts and works aforesaid shall be sooner completed ;
but they, or either of them, after having had an opportunity
to be heard in his or their defence, may be removed at any
time, by a concurrent vote of two thirds of each branch of the
city council ; and in case of a vacancy in the board of com-
missioners, by death, resignation or removal, such vacancy
shall be filled by the appointment of another commissioner,
in manner aforesaid, who shall hold his said office for the res-
idue of the said term of three years, with all the powers and
subject to all the restrictions aforesaid. A major part of said
commissioners shall be a quorum for the exercise of the
powers and the performance of the duties of the said office ;
they shall, once in every six months, and whenever required
by the city council, make and present in writing, a particu-
lar report and statement of all their acts and proceedings,
and of the condition and progress of the works aforesaid.
Section 4. Before the appointment of the commissioners
aforesaid, the city council shall establish and fix the salaries,
or compensation, to be paid to the commissioners for their
services ; and the said salaries of the said commissioners,
1846. Chap. 167. 115
so established and fixed as aforesaid, shall not be reduced
during their continuance, respectively, in said office.
Sections. Whenever the said office of commissioners Power to be
shall cease, either by the expiration of the said term of three cfty'TftJr^the''*
years from the original appointment, or by the completion office of com-
of the aqueducts and works mentioned m the preceding sec- ^'^gd'.*"^ ****
tions of this act, all the rights, powers and authority, given
to the city of Boston by this act, shall be exercised by the
said city, subject to all the duties, liabilities and restrictions
herein contained, in such manner, and by such agents, offi-
cers and servants, as the city council shall, from time to time,
ordain, appoint and direct.
Section 6. The said city of Boston shall be liable to Remedy of
pay all damages that shall be sustained by any persons in &^°jn case°of '
their property, by the taking of any land, water, or water disagreement
rights, or by the constructing of any aqueducts, reservoirs, ** ^° adages,
or other works, for the purposes of this act. And if the
owner of any land, water, or water rights, which shall be
taken as aforesaid, or other person who shall sustain dam-
age as aforesaid, shall not agree upon the damages to be
paid therefor, he may apply, by petition, for the assessment
of his damages, at any time within three years from the
taking of the said land, water or water rights, as aforesaid,
and not afterwards, to the court of common pleas, in the
county in which the same are situate ; such petition may
be filed in the clerk's office of said court, in vacation or in
term time, and the clerk shall thereupon issue a summons
to the city of Boston, returnable, if issued in vacation, to
the then next term of the said court, and if in term time,
returnable on such day as the said court shall order, to ap-
pear and answer to the said petition ; the said summons
shall be served fourteen days, at least, before the return day
thereof, by leaving a copy thereof, and of the said petition,
certified by the officer who shall serve the same, with the
mayor or clerk of the said city ; and the said court may,
upon default or hearing of the said city, appoint three judi-
cious and disinterested freeholders of this Commonwealth,
who shall, after reasonable notice to the parties, assess the
damages, if any, which such petitioner may have sustained
as aforesaid ; and the award of the said freeholders, or of
the major part of them, being returned into and accepted
by the said court, shall be final, and judgment shall be ren-
dered and execution issued thereon for the prevailing party,
with costs, imless one of the said parties shall claim a trial
by jury, as hereinafter provided.
Section 7. If either of the parties mentioned in the pre- Right of parties
ceding section, shall be dissatisfied with the amount of dam- saiislTed w^th'
ages awarded as therein expressed, such party may, at the award,
term at which such award was accepted, or the next term
thereafter, claim, in writing, a trial in said court, and have
116
1846.-
-Chap. 167.
Time for appli-
cation for dam-
ages.
City council
may issue scrip
to ihe amount
cfj^3,000,000,
bearing interest,
&c., payable at
dates, &.C.
Scrip for pay-
ment of interest.
Provided, &c.
a jury to hear and determine, at the bar of said court, all
questions of fact relating to such damages, and to assess
the amount thereof; and the verdict of such jury being ac-
cepted and recorded by the said court, shall be final and
conclusive, and judgment shall be rendered and execution
issued thereon; and cost shall be recovered by the said par-
ties respectively, in the same manner as is provided by law,
in regard to proceedings relating to the laying out of high-
ways.
Section 8. No application shall be made to the court,
for the assessment of damages for the taking of any water
rights, until the water shall be actually withdrawn or di-
verted by the said city under the authority of this act ; and
any person or corporation, whose water rights may be thus
taken and affected, may make his application aforesaid, at
any time within three years from the time when the waters
shall be first actually withdrawn or diverted as aforesaid.
Section 9. For the purpose of defraying all the costs
and expenses of such lands, estates, waters and water
rights, as shall be taken, purchased or held, for the pur-
poses mentioned in this act, and of constructing all aque-
ducts and works necessary and proper, for the accomplish-
ment of the said purposes, and all expenses incident thereto,
the city council shall have authority to issue, from time to
time, notes, scrip, or certificates of debt, to be denominated,
on the face thereof, "Boston Water Scrip," to an amount
not exceeding, in the whole, the sum of three millions of
dollars, bearing interest at a rate not exceeding the legal
rate of interest in this Commonwealth ; and said interest
shall be payable semi-annually, and the principal shall be
payable at periods not more than forty years from the issu-
ing of the said scrip, notes, or certificates respectively.
And the said city council may sell the same, or any part
thereof, from time to time, at public or private sale, or
pledge the same for money borrowed for the purposes afore-
said, on such terms and conditions as the said city council
shall judge proper.
Section 10. In addition to the sum of three millions of
dollars mentioned in the preceding section, the said city
council may, whenever and so far as may be necessary, is-
sue and dispose of notes, scrip, or certificates of debt, in
the manner prescribed in the preceding section, to meet all
payments of interest which may accrue upon any scrip by
them issued ; jirovided, hoioever, that no scrip shall be is-
sued for the payment of interest as aforesaid, after the ex-
piration of two years from the completion of said aqueducts
and other works ; but payment of all interest that shall
accrue after that time, shall be made from the net income,
rents, and receipts for the use of the water, if they shall be
sufficient for that purpose ; and if not, then the payment of
1846. Chap. 167. 117
the deficiency shall be otherwise provided for by the city
council. All notes, scrip, and certificates of debt to be is- Form of scrip,
sued as aforesaid, shall be signed by the treasurer and au-
ditor, and countersigned by the mayor of the said city, and
a record of all such notes, scrip, and certificates shall be Records of the
made and kept by the said treasurer and auditor respec- *^'"®'
lively.
Section 11. The city council shall, from time to time. City council to
regulate the price or rents for the use of the water, with a [fr^e^of water.
view to the payment, from the net income, rents and re-
ceipts therefor, not only of the semi-annual interest, but
ultimately of the principal also of the " Boston Water
Scrip," so far as the same may be practicable and reasona-
ble. And the said net surplus income, rents and receipts, Appropriation
after deducting all expenses and charges of distribution, **' proceeds of
shall be set apart as a sinking fund, and shall be appro-
priated for and towards the payment of the principal and
interest of the said scrip ; and shall, under the management,
control, and direction of the mayor, treasurer, and auditor
of the city, or the major part of them for the time being,
who shall be trustees of the said fund, be applied solely to
the use and purpose aforesaid, until the said scrip shall be
fully paid and discharged. And the said trustees shall,
whenever thereto required by the city council, render a just,
true, and full account to the said city council, of all their
receipts, payments, and doings under the provisions of this
section.
Section 12. At any time after the expiration of two Proceedings for
years, from the completion of the works mentioned in the ler'rTnts.*'' ^*"
second section of this act, and before the reimbursement of
the principal of the " Boston Water Scrip" herein before
mentioned, if the surplus income and receipts for the use of
the water distributed under the provisions of this act, at the
price established by the city council, after deducting all ex-
penses and charges of distribution, shall, for any two suc-
cessive years, be insufiicient to pay the accruing interest on
the said scrip, then the supreme judicial court, on the peti-
tion of one hundred or more of the legal voters of the said
city, praying that the said price may be raised and increased
so far as may be necessary for the purpose of paying, from
the said surplus income and receipts, the said accruing in-
terest, and upon due notice of the pendency of such petition
given to the said city in such manner as the said court shall
order, may appoint three commissioners, who, upon due
notice to the parties interested, may raise and increase the
said price, if they shall judge proper, so far as may be
necessary, in their judgment, for the purpose aforesaid, and
no farther. And the award of said commissioners, or the
major part of them, being returned to the said court, at the
then next term thereof for the county of Suflfolk, and ac-
118
1846.-
■Chap. 167.
Proceedings for
reduction of
water rents.
cepted by the said court, shall be binding and conclusive,
for the term of three years next after the said acceptance,
and until the price so fixed by the commissioners shall, af-
ter the expiration of said term, be changed or altered by
the city council.
Section 13. If the surplus income and receipts for the
use of the water, distributed under the provisions of this
act, at the price established by the city council, after de-
ducting all expenses and charges of distribution, shall, for
any two successive years, be more than sufficient to pay
the accruing interest on the " Boston Water Scrip" herein
before mentioned, then the supreme judicial court, on the
petition of one hundred or more of the legal voters of the
said city, who may deem the said price unreasonably high,
and pray for a reduction thereof; and upon due notice of
the pendency of said petition given to the said city in such
manner as the said court shall order, may appoint three
commissioners, who, upon due notice to the parties inter-
ested, may, if they shall judge proper, reduce the price es- .
tabhshed by the city council ; provided, that such reduction
shall not be so great that the surplus income and receipts
aforesaid, will, in the judgment of the said commissioners,
be thereafter insufficient for the payment of the said accru-
ing interest. And the award of the said commissioners, or
the major part of them, being returned and accepted as
mentioned in the preceding section, shall be binding and
conclusive, in the same manner, and to the same extent, as
therein provided in regard to awards made pursuant to the
provisions of that section.
And the said court may, at their discretion, order the
costs on such petitions as are mentioned in this and the pre-
ceding section, and of the proceedings thereon, or any part
thereof, to be paid by either of the said parties, and may
enter judgment and issue execution therefor accordingly.
Owner and oc- SECTION 14. The occupaut of any tenement shall be lia-
We^or prke of' ^Ic for the payment of the price or rent for the use of the
water, &c. water in such tenement; and the owner thereof shall be
also liable, if, on being notified of such use, he does not
object thereto ; and if any person or persons shall use any
of the said water, either within or without the city, with-
out the consent of the city, an action of trespass on the
case may be maintained against him or them, by the said
Provided, &c. city, for the recovery of damages therefor : provided^ how-
ever, that this act shall not be so construed as to prevent
the inhabitants of Natick, Framingham, Sherburne, and
Wayland, from using so much of the water hereby granted
as shall be necessary for extinguishing fires and for all or-
dinary household purposes, under such regulations of the
said city council as may be essential for the preservation of
the purity of the same.
Costs on peti-
tions.
1846. Chap. 167—168. 119
Section 15. If any person or persons shall wantonly or Penalty for di-
maliciously divert the water, or any part thereof, of any of jupl'"! water.'
the ponds, streams or water sources, which shall be taken
by the city pursuant to the provisions of this act, or shall
corrupt the same or render it impure, or destroy or injure
any dam, aqueduct, pipe, conduit, hydrant, machinery or
other property, held, owned or used by the said city, by the
authority and for the purposes of this act ; every such per-
son or persons shall forfeit and pay, to the said city, three
times the amount of the damages that shall be assessed
therefor, to be recovered by any proper action. And every
such person or persons may, morever, on indictment and
conviction of either of the wanton and malicious acts afore-
said, be punished by fine, not exceeding one thousand dol-
lars, and imprisonment not exceeding one year.
Section 16. The said city of Boston is hereby author- City may pur-
ized to purchase and hold all the property, estates, rights &,^%Y\hejL'
and privileges of the Aqueduct Corporation, incorporated maicaPond
by an act passed February 27ih, in the year one thousand p^^^^fon^^cJ'
seven hundred and ninety-five, and by any convenient
mode may connect the same with their other works.
Section 17. The mayor and aldermen of the city of (^'^„*j,\*'^''ppj*fgj
Boston shall notify and warn the legal voters of the said i5y"ma/o7iry of
city, to meet in their respective wards, on such day as the ^^'^p j" yds
said mayor and aldermen shall direct, not exceeding thirty ^' '" ^^^'
days from and after the passing of this act, for the purpose
of giving their Avritten votes upon the question, whether
they will accept the same ; and if a majority of the votes
so given upon the question aforesaid, shall be in the nega-
tive, this act shall be null and void.
Section 18. This act shall take effect from and after its When to take
passage. [Approved by ike Governor, March 30, 1846.]
An Act in addition to " An Act for the Relief of Insolvent Debtors, and for Qfidj) 168.
the more equal Distribution of their Effects." "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, a^id by the authority of
the same, as folloivs :
Section 1. Every judge of probate or master in chan- Persons
eery, in their respective counties, before whom any matter whh^«)ncea*i-'
maybe pending in relation to any insolvent estate under ment,&c., of
the act for the relief of insolvent debtors, and for a more ^oiw^t'^ciebt'ors
equal distribution of their effects, passed in the year one to be examined
thousand eight hundred and thirty-eight, chapter one hun- uJdges'^of-^pro-
dred and sixty-three, upon complaint made under oath, by bate, or masters
any person interested in said estate, against any one sus- '° chancery,
pected of having fraudulently received, concealed, embez-
zled, or conveyed away any of the money, goods, effects,
or other estate of such insolvent, may cite such suspected
person to appear before him, and to be examined on oath.
120
1846.-
-Chap. 168.
to be commit-
ted, &c.
if they refuse,
Interrogatories
to be in writing
and signed, ifcc.
Repeal of pro-
visions.
Provided, &c.
Judges and
masters to make
returns, &c., to
the Secretary.
Secretary to en-
ter the same,
&c.
Judges and
masters to order
assignees to
give written no-
tice, (fee, to
creditors, »fcc.
When to take
effect.
upon the matter of such complaint ; and if the person so
cited shall refuse to appear and submit to such examina-
tion, or to answer such interrogatories as shall be lawfully-
propounded to him, the said judge or master may commit
him to the common jail of the county, there to remain in
close custody, until he shall submit to the order of said
court or master ; and all such interrogatories and answers
shall be in writing, and shall be signed by the party exam-
ined, and filed in such probate court or with such master,
to be used in any proceeding before such court or master,
pending against said insolvent, or in any way or manner
authorized by law.
Section 2. The first, second and sixteenth sections of
the act in further addition to the several acts, for the relief
of insolvent debtors, and the more equal distribution of
their effects, passed in the year one thousand eight hundred
and forty-four, chapter one hundred and seventy-eight, are
hereby repealed : j)rovided, that nothing in this act con-
tained shall aflfect the proceedings at any meetings of credi-
tors, or other meetings, already called: and provided, fur-
the?\ that in case of the absence of the master in chancery
or judge of probate, at any meeting, such meeting may be
adjourned by the clerk.
Section 3. The several judges of probate and masters
in chancery, in the Commonwealth, shall, on or before the
tenth day of each and every month, make returns to the
Secretary of the Commonwealth, containing the names of
the persons who, during the next preceding month, have
petitioned or been proceeded against, before him, as insol-
vent debtors, under the act of the year eighteen hundred and
thirty-eight, chapter one hundred and sixty-three, and the
acts in addition thereto since enacted ; also the residence and
occupation of such persons, with the date when such proceed-
ings were commenced by or against them. And it shall be
the duty of the Secretary to enter the same in a book, con-
venient for reference, which shall be open to the inspection
of the public.
Section 4. It shall be the duty of judges of probate and
masters in chancery to order the assignee to give written
notice, by mail or otherwise, of all meetings of creditors of
insolvent debtors, and of all dividends, in cases pending
before them, to all known creditors of such insolvent
debtors.
Section 5. This act shall take effect from and after its
passage. [Approved by the Governor, March 30, 1846.]
1846. Chap. 169—170. 121
An Act to authorize Robert G. Shaw, and others, to extend their "Wharves Chap 1 69.
situate in that part of Boston called East 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 :
Robert G. Shaw, William H. Sumner, and Samuel S. ;^„*'^'^^"be ex-
Lewis, proprietors of the British Steam ship Wharves, situ- tended to the
ate in that part of Boston known as East Boston, and ly- '"»^' •^<=-
ing between and adjoining the land and wharves of the
Eastern Rail-road Company ; and Locke and Wheeler, are
hereby authorized to extend and maintain their wharves,
into the harbor channel, as far as the line established by
the act, entitled, " An Act concerning the Harbor of Bos-
ton," passed on the seventeenth day of March, iu the year
one thousand eight hundred and forty ; and shall have the
right to lay vessels at the ends and sides of said wharves,
and receive wharfage and dockage therefor : provided, that Provided, &c.
so much of said wharves as may be constructed below low
water mark, shall be built on piles, which piles shall not be
nearer to each other than six feet in the direction of the
stream, and eight feet in a transverse direction, and that
this act shall m no wise affect the legal rights of any per-
sons or corporations whatever. [Approved by the Gov-
ernor, March 31, 1846.]
An Act in addition to "An Act regulating the Inspection of Pickled Fish ' Qhap 170.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section \. From and after the passing of this act, there Number, mea-
shall be four numbers of mackerel :— Those of the best tj;'of7otr*^khlds
quality, not mutilated, measuring not less than thirteen of mackerel,
inches from the extremity of the head to the crotch, or fork
of the tail, free from rust, taint or damage, shall be branded
number one. The next best quality, being not less than
eleven inches, measuring, as aforesaid, free from rust, taint
or damage, shall be branded number two. Those that re-
main after the above selections, if free from taint or dam-
age, and not less than thirteen inches, measuring as afore-
said, shall be branded number three, large. Those of the
next inferior quality, free from taint or damage, not less
than ten inches in length, as aforesaid, shall be branded
number three. All other mackerel, free from taint or dam-
age, shall be branded number four.
Section 2. The inspector general shall not have any in- inspector gen-
terest, directly or indirectly, in the cure or packing of any prfva°e*inte^r.°°
pickled fish, except so far as a faithful performance of his ests, &c. in
duty requires. pickiedfish.
Section 3. The act in addition to an act, regulating the Repeal of pre-
inspection of pickled fish, being the one hundred and fifty- ^ons'.^'^*'^'"
16
122
1846..
-Chap. 170—171.
fourth chapter of the statutes of the year one thousand
eight hundred and thirty-six ; the act concerning the manu-
facture of barrels for packing pickled fish, being the forty-
second chapter of the statutes of the year one thousand eight
hundred and forty-four, and also so much of the seventy-
third section of the twenty-eighth chapter of the Revised
Statutes, as is inconsistent with this act, are hereby repealed.
[Ap/j?^oved by the Governor^ March 31, 1846. J
Chan 171 ^"^ -^^"^ concerning Larceny by Bank Officers and Persons employed in
■'^ Banks.
BE it enacted by the Senate and Hoitse of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. If any officer of an incorporated bank, or any
person in the employment of such bank, shall fraudulently
convert to his own use, or fraudulently take. and secrete,
with intent to convert to his own use, any bullion, money,
note, bill, or other security for money, belonging to, and in
possession of such bank, or belonging to any person and de-
posited therein, he shall, whether intrusted with the custody
thereof or not, be deemed thereby to have committed the
crime of larceny in said bank, and shall be punished by im-
prisonment in the State Prison not more than ten years, or
by fine not exceeding one thousand dollars, and imprison-
ment in the county jail not more than two years.
Section 2. In any prosecution for either of the offences
mentioned and described in the first section of this act, it
shall be sufficient to allege generally, in the indictment, the
fraudulent conversion or taking, with such intent, of money
to a certain amount, without specifying the particulars of
that amount; and, on the trial, evidence may be given of
any such fraudulent conversion or taking, with such intent,
committed within six months, next after the time stated in
the indictment, and it shall be sufficient to maintain the
charge in the indictment, and shall not be deemed a vari-
ance, if it shall be proved that any bullion, money, note,
bill or other security for money belonging to, and in posses-
sion of such bank, or belonging to any person and deposited
in such bank, of whatever amount, was fraudulently con-
verted or taken with such intent, as is set forth in said first
section, within the said period of six months.
Section 3. In any prosecution for the oflences mentioned
and described in the first section of this act, the fraudulent
taking or receiving, by any person or persons, of any bul-
lion, money, note, bill, or other security for money belong-
ing to such bank, by reasan of any unlawful confederacy or
agreement of him or them, with an officer of said bank, or
any person in the employment thereof, with intent to de-
fraud the same, shall be held and deemed to be a fraudulent
Officers and oth-
ers employed in
bdiiks, fraudu-
lently taking'
bullion, <S:c. to
be deemed guil-
ty of larceny,
and punished
by imprison-
ment, &c. or
fine and impris<
onment, &c.
Form of indict-
ment.
Evidence of ta-
king, &c.
Taking by. ac-
complice to be
deemed to be
taking by offi-
cer, &.C.
1846. Chap. 171—173. 123
taking by such officer or person in the employment of such
bank, to his own use, within the meaning of the first sec-
tion of this act; and it shall not be necessary on the trial, to
identify the particular bullion, money, note, bill or security
for money so taken or received. [Approved by the Govern-
or, March 31, 184G.]
An Act to incorporate the Pilgrim Congregational Society in Boston. L'flCip l I a>»
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. John A. Cummings, David Thayer, Carmi E. Persons incor-
King, their associates and successors, are hereby made a f^n?*^ "* °*"
corporation, by the name of The Pilgrim Congregational
Society in Boston, 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, so far as
the same are applicable to this case.
Section 2. Said corporation may hold real and personal Estate, exciu-
estate, exclusive of their meeting-house and land necessary ejTc^p'ecj ^jo°()oo
for the accommodation of the same, to an amount not ex- to be applied to
ceeding twenty thousand dollars, the whole of which shall poses.'* ^"'
be applied towards the support of public worship, and other
parochial purposes.
Section 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 3, 1846.]
An Act to incorporate the Middlesex Iron Company. i^nCip 17o.
BE it enacted by the Senate and House of Representa-
tives, in Genei'al Court assem,bled, and by the authority of
the same, as follows :
Section 1. James Fullerton, George Odiorne, Jonathan Persons incor-
Robinson, their associates and successors, are hereby made p*""*^^ '
a corporation, by the name of the Middlesex Iron Company,
for the purpose of manufacturing nails and iron in its vari- to manufacture
ous forms, in the towns of Maiden, county of Middlesex, P^'*! ^I*^ '™"
1 ^ T-.1 I r' T^i 1 • 1 11 1 '" Maiden and
and 01 Plymouth, county oi Plymouth, with all the powers Plymouth,
and privileges, and subject to all the diUies, restrictions and
liabilities, set forth in the thirty-eighth and forty -fourth chap-
ters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Estate not to ex-
estate, necessary and convenient for the purpose aforesaid, '^^^ ^ '^^'
not exceeding in amount eighty thousand dollars.
Section 3. This act shall take eifect from and after its When to take
passage. [Approved by the Governor, April 4, 1846.]
124
1846.-
-Chap. 174—176.
Chap
Not requisite to
build on piles,
except below
low water mark.
174. -^'^ ^'^'^ explanatory of "An Act to authorize Benjamin Lamson to extend
his Wharves."
BE it enacted by the Senate and House of Representa-
tives^ in General Covrt assembled, and by the authority of
the same, as follows :
The act entitled " An Act to authorize Benjamin Lamson
to extend his Wharves," passed on the twenty-eighth day of
February, in the year one thousand eight hundred and for-
ty-six, shall not be so construed as to require the said Ben-
jamin Lamson to build any part of his said wharves upon
piles, excepting such parts thereof as may be extended be-
low low water mark. [Aimroved by the Governor, April 4,
1846.]
Chap 175.
Persons incor-
porated,
to manufacture
cotton and
woollen goods
emd machinery
in Ashland.
Real estate not
to exceed
;g;iOO,000, and
capital stock
§200,000.
ChapMQ,
Persons incor-
porated,
to manufacture
iron, &c. in
Plymouth.
Real estate not
to exceed
;g35,000, and
capital stock
§75,000.
An Act to incorporate the Ashland Manufacturing Company.
BE it enacted by the Senate aiid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Joseph Wood, William B. Wood, Albert Wood,
their associates and successors, are hereby made a corpora-
tion, by the name of the Ashland Manufacturing Company,
for the purpose of manufacturing cotton and woollen goods
and machinery, in the town of Ashland, county of Middle-
sex, with all the powers and privileges, and subject to all
the duties, liabilities and restrictions, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may, for the purposes afore-
said, hold real estate to the amount of one hundred thou-
sand dollars, and the whole capital stock of said company
shall not exceed the sum of two hundred thousand dollars.
[Approved by the Governor, Aj)ril 4, 1846.]
An Act to incorporate the Plymouth Mills.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Jeremiah Farris, Joseph Allen, Oliver Edes,
their associates and successors, are hereby made a corpora-
tion, by the name of the Plymouth Mills, for the purpose of
manufacturing iron, steel, copper and machinery, in the
town of Plymouth, county of Plymouth, with all the powers
and privileges, and subject to all the duties, restrictions and
liabilities, set forth in the thirty -eighth and forty-fourth chap-
ters of the Revised Statutes.
Section 2. Said corporation may, for the purposes afore-
said, hold real estate not exceeding in value thirty-five
thousand dollars, and the whole capital stock shall not ex-
ceed seventy-five thousand dollars. [Approved by the Gov-
ernor, April A, 1846.]
1846. Chap. 177—179. V26
An Act to increase the Capital Stock of the Boston and "Worcester Rail-road Qfidj) |77
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 :
The I3oston and Worcester Rail-road Corporation are Capital stock
hereby authorized and empowered to increase their capital ecT^by creating'
stock, by the creation of an additional number of shares, to 6,000 new
be assessed to the same amount as the shares which are al- * ^^^^'
ready created by their act of incorporation, and the acts in
addition thereto ; provided, that the additional number of
shares so to be created, shall not exceed five thousand. [Aj)-
proved by the Governor, Apiil 4, 1846.]
An Act to increase the Capital Stocli of the Old Colony Rail-road Corporation. ChttV 178.
BE it eyiacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Old Colony Rail-road Corporation are Capital stock
V 1 .1-1,- 1- -.i.ii ,• may be increas-
nereby authorized to mcrease their capital stock, bycreatmg edhy creating
an additional number of shares, not exceeding five thousand, ^f^a^n^/^^^^^
of one hundred dollars each, for the purpose of completing purpose, &c. ^
their road and building a second track on such part of said
road, as the corporation may deem necessary.
Section 2. Said additional shares shall be disposed of in How to be dis-
such manner as said corporation shall determine, and be assesse°d^^°'^
assessed as the directors shall deem expedient.
Section 3. This act shall take efiect from and after its When to take
passage. [Approved by the Governor, Api^il 6, 1846.] ^ ^'^^'
An Act to incorporate the Barton Manufacturing Company. ChcLTJ 179
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. Stephen Barton, Alexander De Witt, Emory Persons mcor-
Sanford, their associates and successors, are hereby made a po^ated,
corporation, by the name of the Barton Manufacturing
Company, for the purpose of manufacturing cotton and to manufacture
woollen goods and machinery, in the town of Oxford, vJooiien goods
county of Worcester ; with all the powers and privileges, and machinery
and subject to all the duties, restrictions and liabilities, set '" ^"'^ '
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Section 2. Said corporation may, for the purposes afore- Real estate not
said, hold real estate not exceeding in value fifty thousand 'i'.f.^^n^ ,
111 T, ,, 11, n ^ 1 gSO.OOO, and
dollars, and the whole capital stock shall not exceed one capital stock
hundred thousand dollars. [Approved by the Governor, Sioo,ooo.
April 0, 1846.]
126
1846.-
-Chap. 180—182.
C^ap 180.
Act of 1844,
chap. 109, con-
tinued in force,
with the excep-
tion of time for
completion, &c.
Time for loca-
tion and com-
pletion of road.
ChaplSi.
Wharf, in Bos-
ton, may be ex-
tended to the
line, &c.
An Act to revive an " Act establishing the Salisbury Branch Rail-road Com-
pany."
BE it enacted by the Senate and Houfte of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Section 1. An act entitled "An Act to establish the
Salisbury Branch Rail-road Company," passed the fifteenth
day of March, in the year one thousand eight hundred and
forty-four, is hereby revived and continued in full force,
except the third section thereof
Section 2. If the said company shall not file their loca-
tion, and complete the grading of said road, on or before the
first day of January next, then this act shall be null and
void. [Approved by the Governor, April 6, 1846.]
An Act authorizing the Heirs of Ward Jackson to extend a Wharf 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 :
The heirs of Ward Jackson, late of Boston, deceased, are
hereby authorized to extend and maintain their wharf on
Grove street, in the city of Boston, as far as the line estab-
lished as the commissioners' line, by the act entitled "An
Act to preserve the Harbor of Boston, and to prevent en-
croachments therein," passed on the nineteenth day of April,
in the year one thousand eight hundred and thirty-seven,
and to lay vessels at the end and sides of their said wharf,
extended as aforesaid, and receive dockage and wharfage
therefor, but not to injure or interfere with the legal rights
Provided, &c. or the property of any other person or persons : provided,
hotoever, that this grant shall not be construed to extend to
any flats or land of this Commonwealth lying in front of
the flats of any other person, or which would be compre-
hended by the true lines of such flats continued to the said
commissioners' line; a?id pi^ovided further, that so much of
said wharf as shall be erected below low water mark, shall
be built on piles, which piles shall not be nearer to each
other than six feet in the direction of the stream, and eight
feet in a transverse direction. [Approved by the Governor,
April 6, 1846.]
Chap\^%
Wharf may be
built in Ware-
ham, &c.
An Act to authorize William S. Fearing to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assem,bled, and by the authority of
the same, as follows :
William S. Fearing is hereby authorized to build and
maintain a wharf from land owned by him in the town of
Wareham, at a place called The Narrows, commencing at a
point opposite Tim's Island, so called, and to extend said
wharf in an easterly direction down stream, not more than
1846. Chap. 182—184. 127
five hundred feet, and in a south-westerly direction to the
channel of the river : provided, said wharf shall not be ex- Prmnded, &.c.
tended so far into the channel of the river as to impede the
navigation thereof; and shall have the right to lay vessels
at said wharf, and receive dockage and wharfage therefor,
and that this act shall in no wise affect the legal rights of
any persons or corporations whatever. [Approved by the
Governor, April 6, 1846.]
An Act authorizing Robert G. Shaw and Eliza W. Shaw to extend their Chcip 183.
Wharf in Boston.
BE it enacted by the Senate and House of Representa-
tives, in Getieral Court assembled, and by the authority of
the same, as follovjs :
Robert G. Shaw and Eliza W. Shaw, his wife, are hereby Wharf in Bos-
authorized to extend and maintain their wharf, adjoining the lend^d^oThe'^'
northerly side of Cambridge Street and Cambridge Bridge, iine,»kc.
in the city of Boston, as far as the line established as the
Commissioners' line, by the act entitled " An Act to preserve
the Harbor of Boston and to prevent encroachments there-
in," passed on the nineteenth day of April, in the year one
thousand eight hundred and thirty-seven, and to lay vessels
at the end and sides of their said wharf, extended as afore-
said; and receive dockage and wharfage therefor; but not to
injure or interfere with the legal rights or the property of
any other person or persons: provided, however, that this Provided, &.c.
grant shall not be construed to extend to any flats or land
of this Commonwealth lying in front of the flats of any
other person, or which would be comprehended by the true
lines of such flats continued to the said Commissioners' line ;
a7id jirovided also, that so much of said wharf as shall be
erected below low water mark, shall be built on piles,
which piles shall not be nearer to each other than six feet
in the direction of the stream, and eight feet in a transverse
direction. [Approved by the Goveriior, April 6, 1846.]
An Act in further addition to "An Act incorporating the Proprietors of the /^^^^^ 1 OA
Meeting-house in Hollis Street, in Boston." O/lOp lo-*.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The proprietors of the meeting-house in Hoi- P^ws may be
lis street, in Boston, are hereby authorized to cause the pews Irealwe^r b/"
in their meeting-house to be conveyed by deeds, signed and deed,&.c.
sealed by their treasurer, and countersigned by their clerk.
Section 2. Any provision in the act to which this is in Repeal of in-
addition, which is inconsistent with this act, is hereby re- vrslons^"' '''°'
pealed.
Section 3. This act shall take effect from and after its when to take
passage. [Approved by the Governor, April 6, 1846.] ^^''*"'
128
1846-
■Chap. 185.
Chap\S5.
Persons incor-
porated.
Location of
road.
Capital stock
not to exceed
$123,000, in
shares of ^100.
Time for lo-
cating and com-
pleting the road.
Ma\' enter upon
a;id use ihe Old
Colony Kail-
road.
The Legislature
may authorize
its use by any
other company.
May transfer
property-, &c.,
to Old Colony
RaJ road Cor-
poiution.
An Act to incorporate the Hanover 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 sam.e, as follows :
Section 1. John Gushing, George Curtis and John Syl-
vester, their associates and successors, are hereby made a
corporation, by the name of the Hanover 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 the Revised Statutes re-
lating to rail-road corporations, and the public statutes
which have been or may be passed, relating to such corpo-
rations.
Section 2. Said company is hereby authorized to con-
struct and maintain a rail-road, extending from some point
near the Four Corners, in Hanover, through parts of Hano-
ver and Abington, to some convenient point of intersection
with the Old Colony Rail-road in Abington.
Section 3. The capital stock of said company shall con-
sist of not more than twelve hundred and fifty shares, of
one hundred dollars each, the number of which shall be
determined, from time to time, by the directors thereof; and
the said company may take, purchase, and hold such real
estate, on the line of said rail-road, and may purchase and
hold such cars, engines, and other personal property, as
may be necessary and convenient for the purposes of the
rail-road.
Section 4. If the location of said rail-road shall not be
filed within one year, and said rail-road be not constructed
within three years from the passage of this act, then the
same shall be void.
Section 5. The said Hanover Branch Rail-road Com-
pany may also enter upon and unite their rail-road, by pro-
per turnouts and switches, with the Old Colony Rail-road
at the point of intersection aforesaid, and use the same, or
any part thereof.
Section 6. The Legislature may authorize any compa-
ny to enter with another rail-road upon, and use the said
Hanover Branch Rail-road, or any part thereof, by comply-
ing with such reasonable rules and regulations as the said
Hanover Branch Rail-road Company may prescribe, or as
may be determined according to the provisions of law.
Section 7. The corporation hereby established, is au-
thorized to transfer all its property, rights, privileges and
franchise, under this charter, to the Old Colony Rail-road
Corporation, or its successors, whenever said last named
corporation, or its successors, shall elect to receive and
hold the same, in such manner and upon such terms as
shall be mutually agreed upon ; and^ upon such transfer,
1846. Chap. 185—187. 129
said Old Colony Rail-road Corporation shall enjoy and be
invested with all the powers, privileges and franchise,
hereby granted, and shall be subject to all the restrictions
and Habilities hereby imposed. [Approved by the Governor,
Aprils, 1846.]
An Act to incorporate the Merchants and Farmers Mutual Fire Insurance (7Aa» 186
Company. *^
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Frederic Wm. Paine, Isaac Davis, and Frederic W. Gale Persons incor-
of Worcester, in the county of Worcester, their associates ?,7^'^*^ '" .
Worcester to
and successors, are hereby made a corporation, by the name insure fire risks
of the Merchants and Farmers Mutual Fire Insurance Com- j-gt^^oTIs"*
pany, in the town of Worcester, in the county of Worces- years,
ter, for the term of twenty-eight years, for the purpose of
insuring buildings within the State of Massachusetts, stock
in trade, and all other kinds of personal property, with all
the powers and privileges, and subject to all the duties, re-
strictions and liabilities, set forth in the thirty-seventh and
forty-fourth chapters of the Revised Statutes, [Approved
by the Govermor, April 6, 1846.]
An Act authorizing George Parkman to extend a Wharf in Boston. ChciJ) 1 87,
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
George Parkman is hereby authorized to extend and Wharf in Bos-
maintain his wharf on North Grove Street, in the city of SdedCfhr'
Boston, as far as the line established as the commissioners' line, &c.
line, by the act entitled " An Act to preserve the Harbor of
Boston, and to prevent encroachments therein," passed on
the nineteenth day of April, in the year one thousand eight
hundred and thirty-seven, and to lay vessels at the end and
sides of his said wharf, extended as aforesaid, and receive
dockage and wharfage therefor, but not to injure or interfere
with the legal rights or the property of any other person or
persons : provided, however, that this grant shall not be con- Provided, See.
strued to extend to any flats or land of this Commonwealth,
lying in front of the flats of any other person, or which
would be comprehended by the true lines of such fiats con-
tinued to the said commissioners' line. And provided, also,
that so much of said wharf as shall be erected below low
water mark, shall be built on piles, which piles shall not be
nearer to each other than six feet in the direction of the
stream, and eight feet in a transverse direction. [Approved
by the Governor, April 6, 1846.]
17
130 1846. Chap. 188—190.
Chnn 1 fi8 ^^ '^^^ ^^ incorporate the Boston Oil Company.
' BE it enacted by the Senate and House of Representor-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Israel Lombard, Charles O. Whitmore, Noah
poraied, Stiirtevant, their associates and successors, are hereby made
a corporation, by the name of the Boston Oil Company, for
to manufacture the purpose of manufacturing white lead, oil, and other ar-
fc'"'^- '^East°''' ti^l^^ appertaining thereto, in that part of the city of Boston
Boston. known as East Boston, county of Suffolk, with all the
powers and privileges, and subject to all the duties, restric-
tions and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Estate not to SECTION 2. Said Corporation may hold real and personal
«r9fvfnnn estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount two hundred thousand dollars.
[Approved by the Governor, Apiil 6, 1846.]
^200,000.
Chfin 1 89 -^^ '^''^ ^° incorporate the Conant Manufacturing Company.
BE it enacted by the Senate and Hoiise of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Joseph Couaut, J. H. Holland, G. E. Conant,
porated, their associatcs and successors, are hereby made a corpora-
tion, by the name of the Conant Manufacturing Company,
to manufacture for the purposc of manufacturing silk, cottou and woollcn
silk cotton and ggods, in the towu of Northampton, county of Hampshire,
woollen ffoods °.,'i,, i -i ji'..^ii.i
in Northamp- With all the powcrs and privileges, and subject to all the
t°°- duties, restrictions and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Estate not to SECTION 2. Said corporation may hold real and personal
exceed ^50,000. ggt^te, necessary and convenient for the purposes aforesaid,
not exceeding in amount fifty thousand dollars. [Ajyproved
by the Governor, April 6, 1846.]
nhnrt 1 Qn An Act to repeal "An Act providing for the appointment of a Board of Kail-
0/t«// lOKj, ^^^^ Commissioners."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Repeal of Act The act entitled "An Act providing for the appointment of
of^i 845, chap. ^ Board of Rail-road Commissioners," chapter two hundred
and fifty-two, in the year eighteen hundred and forty-five,
is hereby repealed. [Approved by the Governor, April 6,
1846.]
1846. Chap. 191—193. 131
An Act regulatmg the Rates of Toll at Chelsea Bridge. Chap 191.
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 Salem Turnpike and Chelsea Bridge Corporation, are ToJs authorized
hereby authorized, from and after the first day of May riext, aUer May i^
to demand and receive, at Chelsea Bridge over Mystic River, 1346.
the following rates of toll instead of the rates of loll hereto-
fore established, to wit: for each foot passenger, one cent;
for each horse and rider, four cents ; for each cart, farm or
market wagon, truck or sled, drawn by one beast, five cents ;
for each additional beast, four cents; for each horse and
chaise, chair, sulky, cab, sleigh, buggy, or other pleasure
wagon, six cents ; for each coach, carryall, omnibus or other
pleasure vehicle, drawn by two horses, fifteen cents; by
more than two horses, twenty cents ; for each drift horse
and neat cattle, two cents ; for sheep and swine, six cents
per dozen ; one person, and no more, to pass with each team
free of toll. [Approved by the Governor, April 6, 1846.]
An Act to repeal the Laws regulating the Fishery in Merrimack River. LilKip \uZ.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
From and after the passing of this act, the several laws Repeal of pre-
regulating the fisheries in Merrimack River, are hereby re- ^'°"* ^'^^'^>
pealed ; except so much of said laws, as relate to any sluice excepting, &,c,
or passage way, dams or other obstruction to the free pas-
sage of fish up and down said river, and said repeal shall in
no wise affect any legal rights that may have accrued under
said laws. [Approved by the Governor, April 7, 1846.]
An Act to alter the Times of holding the Terms of the Court of Common Qhnr) 193.
Pleas for the County of Hampshire. -r
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the saTne, as follows :
Section 1. That portion of the fortieth section of the Discontinuance
eighty-second chapter of the Revised Statutes, which pro- °|,jfand''No!*"
vides that the court of common pleas, within and for the vembertems.
county of Hampshire, shall be held on the fourth Monday
of March and the third Mondays of August and November,
is hereby repealed.
Section 2. There shall be a term of the court of com- Court of Com-
mon pleas within and for the county of Hampshire, on the mon Pleas m
■ 1 nx n /"ni n T\r 1 r T 1 Hampshire
third Monday 01 February, the first Monday or June, and county, when
the third Monday of October, annually. to be held.
Section 3. All writs, recognizances, continuances or oth- Writs, &c. hav-
er proceedings, civil or criminal, returnable, or having refer- '"S '^^s'f'^t°bV*
ence to the third Monday of August next, shall be returned retwne'd,°&c.
in June.
132
1846.-
■Chap. 193—194.
When to take
effect.
Chap 194.
Persons incor-
porated.
Location of
road.
Capital stock
not to exceed
g500,000, in
shares of ^100,
to, have day in, and be proceeded upon, at said term hereby
established, on the first Monday of June next.
Section 4. This act shall take effect from and after its
passage. [Approved by the Governor^ April 7, 1846.]
An Act to incorporate the Cape Cod Branch Rail-road Company.
BE it enacted by the Senate and House of Representa-
tives^ ill Ge7ieral Court assembled^ and by the authority of
the same, as follows :
Section 1. John Reed, William Bates, Clark Hoxie,
Joshua B. Tobey, Thomas J. Coggeshall, Nathan B. Gibbs,
Sylvanus Bourne, Howard Perry, and Minor S. Lincoln,
their associates and successors, are hereby made a corpora-
tion, by the name of the Cape Cod Branch Rail-road Com-
pany, 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 statutes which have been, or shall
be hereafter passed, relating to rail- road corporations.
Section 2. Said company may construct a rail-road from
some point in the rail-road of the United Corporation of the
Middleborough Rail-road Corporation with the Fall River
Rail-road Company, and the Randolph and Bridgewater
Rail-road Corporation, or by whatever name the same shall
be known, near the Four Corners in Middleborough, in the
county of Plymouth; thence in a nearly direct line through
Middleborough, a corner of Rochester and the westerly
part of Wareham, to a point near the Tremont Iron Works ;
thence to a point between the iron works of J. B. Tobey
and Company, and Burbank's Hotel ; thence to a point
near the Parker Lower Mills ; thence to a point near the
iron works of S. T. Tisdale, in said Wareham ; thence in
a nearly direct line through the easterly part of Wareham,
crossing the water between Cohasset Narrows and the head
of the bay, to a point a few rods south of the house of Ben-
jamin Bourne, in Sandwich, in the county of Barnstable ;
thence crossing Monument River above the lower bridge,
and following the valley of said river to a point near a
grave yard, and north of the same ; thence to a point near
Atherton's Tavern in Scusset village; thence to a point
near the glass works in Sandwich aforesaid.
Section 3. The capital stock of the corporation hereby
established, shall consist of not more than five 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
hundred dollars on each share, and said corporation may
take, purchase, and hold such real estate, and may pur-
chase and hold such engines, cars, and other things, as may
1846 Chap. 194. 133
be necessary for the use of said rail-road, and for the trans-
portation of passengers, goods and merchandise.
Section 4. The company hereby estabhshed shall pro- Shall maintain
vide and maintain, on each of their bridges across the Nar- brfdTes'j'&c.
rows at Wareham, and the waters near Cohasset Narrows,
a draw of size sufficient to accommodate all classes of ves-
sels navigating said waters, and shall provide such draws
with suitable piers, and shall be held liable to open said
draws whenever required, so as to furnish reasonable accom-
modation for such vessels having occasion to pass the same.
Section 5. Said company may construct a branch not ^»y construct
exceeding one mile and an half in length, to connect with
the wharves at or near the Narrows, so called, in said
Wareham.
Section 6. The company hereby established may also May enter upon
enter upon, and unite their rail-road, by proper turnouts road"of safd
and switches, with the rail-road of said United Corpora- unned corpora-
tions, at some convenient place in said Middleborough, and ^'*'"'^'
use such last named rail-road or any part thereof
Section 7. The Legislature may authorize any company The Legislature
to enter with another rail-road upon and use the said Cape hs^use"by"a'^!iT
Cod Branch Rail-road, or any part thereof, by complying other company,
with such reasonable rules and regulations, as the said Cape
Cod Branch Rail-road Company may prescribe, or as may
be determined according to the provisions of law.
Section S. The Legislature may, after the expiration of The Legislature
four years, from the time when said rail-road shall be {l^ns, &!;"^after
opened for use, from time to time, alter or reduce the rate 4 years;'
of tolls or other profits upon said rail-road ; but the said Provided, &c.
tolls or profits shall not, without the consent of said com-
pany, be so reduced as to produce less than ten per cent,
per annum, upon the investment of said company.
Section 9. If the location of said rail-road be not filed Time for locat-
within one year, and if the corporation shall not complete piftiljl^road.'
their rail-road as provided for in the second section of this
act, with at least one track, within two years from the
passage of this act, then the same shall be null and void.
Section 10. The company hereby established by a vote May unite with
of its stockholders, at a meeting called for that purpose, may por1iti'o"ns^'^ '^°'^'
unite with said united corporations : p?-ovided, the stockhold- Provided, &c.
ers of the said united corporations shall, at a meeting called
for that purpose, agree to the same; and when such union
shall have been made, said corporations so united shall
have, possess and hold all the property, rights, privileges
and franchises, and be subject to all the duties, restrictions
and liabilities, which the corporations so united had enjoyed,
and been subject to, under their respective charters, and
shall assume such name as shall be hereafter borne by the
united corporations, with which the corporation hereby
established is empowered to unite. [App7oved by ike Gov-
ernor, April 8, 1846.]
134 1846. Chap. 195—197.
ChttV 1 95. -^^ "^^^ concerning the Collection 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 :
Stock in corpo- SECTION 1. Any share or interest of any stockholder in
mav"be seized any Corporation that is or may be incorporated under the
&c.,topay ' authority of this Common weahh, may be seized and sold
taxes. £qj ^Yie neglect or refusal of such stockholder to pay his
taxes.
Process for SECTION 2. Such scizurc may be made by leaving with
making seizure, ^^^ f^fg^er of Said Corporation, with whom a copy of a writ
may by law be left when the share of a stockholder is at-
tached on mesne process, an attested copy of the warrant,
with a certificate thereon, under the hand of the collector,
setting forth the sum which such stockholder is to pay as
his tax, and that, upon his neglect or refusal to pay said tax,
he has seized said share or interest.
Sale of stocks. SECTION 3. The Sale of such share or interest shall be
made in the manner and subject to the rules prescribed by
law for the sale of goods by collectors of taxes in like
cases.
Officers of cor- SECTION 4. The provisious of the thirty-ninth and fortieth
Si'vTceriifi- sections of the ninety-seventh chapter of the Revised Stat-
cates, &c. utes, respecting sales on execution, shall apply to sales made
under the provisions of this act. [Approved by the Govern-
or, Aprils, 1846.]
Chap 196. An Act concerning the Police Court of New Bedford.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Repeal of act of SECTION 1. The sevcnty-uinth chapter of the acts of the
1843, chap. 79, ygg^j. Qj-,g thousaud eight hundred and forty-three, entitled
"An Act concerning the Police Court of New Bedford,"
is hereby repealed.
When to take SECTION 2. This act shall take effect from and after its
effect. passage. [Approved by the Governor, April S, 1SA&.^
Chap 197. -A-n Act concerning Marriage and Divorce.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Libel for annul- Whenever a marriage is supposed to be void or the valid-
ling mrtrriage^ ity thereof is doubtcd for any cause, other than those enu-
kaveofco^urt/ meratcd in the first and second sections of the seventy-sixth
•Sz^c. chapter of the Revised Statutes, and good cause for such
supposition or doubt shall be made to appear upon the ex-
amination of the party applying for relief, or upon other evi-
dence exhibited to the court having jurisdiction in cases of
divorce ; the party so applying may, by leave of such court,
1846. Chap. 197—200. 136
file a libel for annulling the same ; and the same proceedings Proceedings to
shall be had thereupon as are provided in said chapter, and ^^ ^^'^ thereon,
by any laws now existing or that may hereafter be enacted
touching divorce, for the causes mentioned in said sec-
tions, and upon due proof of the nulUty of the marriage, it
shall be declared void by sentence of divorce or nuUity.
[Aj^proved by the Governor, April 8, 1846.]
An Act concerning Proceedings in Criminal Cases. ChttT) 198.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
No complaint or indictment against any person for any Complaints,
misdemeanor shall hereafter be stayed, or any recognizance di^s^^cha^^d ''^
taken, or any commitment made in such case, be discharged &c., where
or superseded under the provisions of the twenty-fifth and P?^"';*' 1^ p"""
11 •' ISn3DiG DV coil"
twenty-sixth sections of the one hundred and thirty-fifth fjnement in
chapter, or the twenty-seventh section of the one hundred ihe state Pri-
and thirty-sixth chapter of the Revised Statutes, if the offence
charged in said complaint or indictment, shall be punishable
by imprisoimient in the state prison. [Approved by the Gov-
ernor, Ap7H 8, 1846.]
An Act concerning Usury. Chctf 199,
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the sam,e, us follows :
Section 1. Whenever, in any action brought on any con- Penalty for
tract, or assurance for the payment of money, hereafter "*"'^^"
made, it shall appear that a greater rate of interest has been
directly or indirectly reserved, taken or received, than is
allowed by law, the defendant shall recover his full costs,
and the plaintiff" shall forfeit threefold the amount of the
interest, unlawfully reserved or taken, and no more.
SectioxV 2. Whenever a greater rate of interest than is Party paying
allowed by law, shall hereafter be paid, the party paving ""'awiui mter-
, -^ • ' 11, /- 1 1 , i^ ^ r y ^ esl may recover,
the same, may recover back threetold the amount of the &c.
unlawful interest so paid and no more.
Section 3. So much of the second and third sections of Repeal ofin-
the thirty-fifth chapter of the Revised Statutes, as is incon- vrslSs!"' '''°"
sistent with this act, is hereby repealed. [Approved by the
Governor, April 8, 1846.]
An Act for the suppression of Horse Racing. Chnn 900
BE it enacted by the Senate and House of Representa-
iives, in General Court assembled, a?id by the authority of
the same, as follows :
Section I. All racing, running, trotting or pacing of any Racing, &c.,
horse or other animal of the horse kind, for any bet or wager declared un-
of money or other valuable thing, or for any purse or stake,
136 1846. Chap. 200—202.
made, within this Commonwealth, is hereby declared to be
unlawful,
f wa"^!"*^' '^' Section 2. All persons engaged in such racing, running,
to be^pu'iiished trotting or pacing of any horse or such otiier animal, for
''^ d-^"*^* I'nm ^"^ ^^^ ^^ wager of money or other vahiable thing or for
orby fmp.ison- auy purse or stake made within this Commonwealth, and
™e'"."o'ex- all persons aiding or abetting the same, shall be guilty of a
year"oThy misdemeanor; and, upon conviction thereof, shall be pun-
both. isheJ by a fine not exceeding one thousand dollars, or by
imprisonment in the common jail, not exceeding one year,
or by both such fine and imprisonment, in the discretion of
the court. [Approved by the Governor, April 8, 1846.]
ChflTl 201 -^"^ -^^^ ^° incorporate the Wamsutta Mills.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Matthcw Lucc, Jireh Perry, Thomas S,
porated, Hathaway, their associates and successors, are hereby made
a corporation, by the name of the Wamsutta Mills, for the
to manufacture purpose of manufacturing cottou, wool and iron, in the town
and^lro^iTNew ®^ New Bedford, county of Bristol, with all the powers and
Bedford. privileges, and subject to all the duties, restrictions and lia-
bilities, set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes.
Estate not to SECTION 2. Said Corporation may hold real and personal
sswTooo estate, necessary and convenient for the purposes aforesaid,
' ' not exceeding in amount three hundred thousand dollars.
[Approved by the Govertior, April 9, 1846.]
C^Afl2?202 "^^ '^^^ *° incorporate the Powow River Mills.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Persons incor- SECTION 1. Jonathan B. Webster, David Nayson, Tim-
porated, ^^^y. p jviorrill, their associates and successors, are hereby
made a corporation, by the name of the Powow River Mills,
to manufacture for the purposc of manufacturing cotton and woollen goods,
woXn goods i" the town of Salisbury, county of Essex, with all the
in Salisbury, powcrs and privileges, and subject to all the duties, liabili-
ties and restrictions, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Real estate not SECTION 2. Said Corporation may, for the purposes afore-
^30^ooo,'*and ^^'^; ^^^'^ ^^^^ estate to the amount of thirty thousand dol-
capitai stock lars, and the whole capital stock of said company shall not
^100,000. exceed one hundred tliousand dollars.
When to take SECTION 3. This act shall take efiect from and after its
^ ^"^'^ passage. [Approved by the Governor, April 9, 1846.]
1846. Chap. 203—204. 137
An Act concerning the Dedication of Public "Ways, and for other purposes, (^JiQp 203.
BE it enacted by the Senate and House of Reftresenta-
fives, in General Court assembled, and by the authority of
the same, as follotvs :
Section 1. No way heretofore opened and dedicated to ways opened,
the pubHc use and not already become a pubhc way, and «fcc., not to be-
no way hereafter opened and dedicated to the pubUc use, bieU) towns,
shall become chargeable upon any city or town, unless such ""'ess opened,
ways shall be laid oat and established by such city or town, to statmet!^ ^
in the manner prescribed by the statutes of this Common-
wealth.
Section 2. It shall be the duty of the mayor and alder- Entrances of
men of each city, and of the selectmen of each town in this ways,&c.,tobe
Commonwealth, and they are hereby authorized and re- to^ officers/
quired, whenever, and so long as the public safety may
demand it, to direct and cause the entrances of all the ways
aforesaid, entering on and uniting with any existing public
way, to be closed up, or, by other sufficient means, to cau-
tion the public agaiust entering upon such ways.
Section 3. In case any city or town shall not close up incaseofneg-
the entrances to the ways aforesaid, or give other sufficient lect so to close,
notice that the same are dangerous, such city or town so be%'a'bie'for°
neglecting, shall be liable for any damages arising from any damages,
defects therein, in the same manner as if such ways were
duly laid oat and established. [Approved by the Governor,
April 9, 1846.]
An Act to incorporate the Newburyport, Boston and Haverhill Steamboat nhnv\ ^H/i
Company. O/tOp Z,U^.
BE it enacted by the Senate and House of Representa-
tives, in General Gourt assembled, and by the authority of
the same, as follows :
Section 1. John Porter, John Wood and Micajah Lunt, Persons incor-
with their associates and successors, are hereby made a cor- porated.
poration, by the name of the Newburyport, Boston and
Haverhill Steamboat Company, with power to build, pur-
chase, hold, convey, hire and employ one or more steam-
boats, with such apparatus and appendages as may be found
necessary for steam navigation and the transportation of
merchandise and passengers, between Newburyport and
Boston, and in and about the harbor of Newburyport, and
on the Merrimack River, for tlie term of twenty years.
Section 2. The capital stock of the said corporation Capital stock
shall not exceed one hundred thousand dollars, to be divided ^°ioo°ooo^^^'^
into shares of one hundred dollars each, and for the pur- share's of'i"ioo.
poses of such steam navigation, this corporation shall have
all the powers and privileges, and be subject to all the du-
ties, liabilities and restrictions, set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes. [Ap-
proved by the Governor, April 9, 1846.]
18
138 1846. Chap. 205—206.
CA<2d205. Au Act to authorize Joseph Atkins and Freeman Atkins 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 folloios :
Wharf in Prov- Joseph Atkins and Freeman Atkins, are hereby aiithor-
incetown may ized to extend and maintain their wharf into the channel
be^ extended, ^f ^^le harbor of Provincetown, to 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 wharf-
Provided,&c. age therefor : provided, this grant shall not in any manner
interfere with the legal rights of any persons whatever.
[Approved by the Governor, April 9, 1846.]
Chttt) 206 -^^ ■^'^^ *° repeal in part an Act, entitled " An Act in addition to An Act
' * concerning the Beaches in the town of Chelsea," and for the indemnifica-
tion of William Tewksbury.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Repeal of part SECTION 1. So much of an act passed on the fourteenth
of act of 1845, day of March, in the year one thousand eight hundred and
c ap. 17. forty-five, entitled "An Act in addition to an Act, concern-
ing the Beaches of the town of Chelsea," as relates to the
beaches in that part of Chelsea called Point Shirley, which
are not included in the following limits, is hereby repealed,
viz : commencing at the line marked X W on the plan of
Point Shirley, as surveyed by Osgood Carleton, the original
of which is recorded in the book of partition, number two,
in the court of common pleas for the county of Suffolk, so
as to include within the limits from which stones, gravel or
sand shall not be taken, twenty-seven acres of beach on the
north side of Winthrop's Great Head or Green's Hill, so
called, and including also the whole of said hill, and the
Short Beach, extending therefrom southward as far as to the
stake on the north line of William Tewksbury's portion of
said " Short Beach."
Allowance of SECTION 2. There shall be paid out of the treasury of
g500toWi]Uam the Commonwealth to the said William Tewksbury, the
ew s ury. ^^^ ^^ ^^^ hundred dollars, as an indemnity for the loss
suffered by him under the operation of said act, by reason
of being unnecessarily debarred from the use of his land,
for the purpose, as was intended, of securing the harbor of
Boston. [Approved by the Governor, April 9, 1846. J
1846. Chap. 207—209. 139
An Act to authorize Timothy P. Johnson to extend his Wharf. ChdV 207.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Timothy P. Johnson is hereby authorized to extend and W'^a'"'' '" P^ov-
maintain his wharf, into the channel of the harbor of Prov- be*^exTendrdy
incetown, to six feet of water at tlie lowest tides : and shall '^^•
have the right to lay vessels at the end and sides of said
wharf, and receive dockage and wharfage therefor : pro- Provided, &c.
vided this grant shall not in any manner interfere with the
legal rights of tiny persons whatever. [Approved by the
Governor, Aprils, 1846.]
An Act to establish the Lowell Academy. Chttt) 208
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follotcs :
Section 1. James Fenno, Samuel Porter, S. W. Hanks, Persons incor-
Sewall G. Mack, their associates and successors, are hereby P"'^^*^^'
made a corporation, by the name of the Lowell Academy,
to be established in the city of Lowell, in the county of Mid-
dlesex, 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.
Section 2. Said corporation may hold real estate and Estate, exciu-
personal property to an amount not exceeding twenty -five ^''c^ not^to°''^'
thousand dollars, exclusive of books and apparatus, to be cee'd g25,ooo,'
devoted exclusively to the purposes of education. \ Approved ^'^^ ^° ^^ <^e-
1 .1 r-< A •! {\ ^o Ai^ 1 *- ■'^ voted, (fee.
by the Governor, Apru 9, 1846.]
An Act for the Payment of the Wages and Deposites of Married Women. QhO/D 209.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. In all cases where married women shall here- Wages may be
after, by their own labor, earn wages, payment may be paia^to married
J . .1 r J.I. a J IT J J women.
made to them lor the same.
Section 2. The receipt of any married woman for the Deposites in
payment of money, deposited by her, before or after mar- Savings Banks
riage, shall be a valid discharge to any individual or sav- mamed women,
ings bank, or institution for savings, making such payment :
provided, that nothing in this act contained, shall affect the Provided, &c.
right of any creditor of the husband of said married wo-
man to attach the same. \ Approved by the Governor, April
9, 1846.] ' ^
140
1846.-
•Chap. 210—212.
Persons incor
porated,
to construct and
use telegraph
lines.
ChttV^lO. ^^ -^"^^ ^° incorporate the Proprietors of the Electro-Magnetic Telegrapa
BS it enacted by the Senate aiid House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. B. B. Mussey, George W. Bazin, J. M. Thomp-
son, their associates and successors, are hereby made a cor-
poration, by the name of the proprietors of the Electro-Mag-
netic Telegraph, for the purpose of constructing and using
lines of said telegraph under the letters patent granted to
Samuel F, B. Morse, under the laws of the United States,
within said State of Massachusetts ; with all the powers and
privileges, and subject to all the duties, restrictions and lia-
bilities, set forth in the forty-fourth chapter of the Revised
Statutes.
Section 2. Any person who shall wilfully and mali-
ciously injure or destroy the lines of posts, wires or other
materials or fixtures employed in or for the construction or
use of any line of the Electro-Magnetic Telegraph, erected
for use and used in this Commonwealth by said corporation,
and all persons who shall aid and assist in the same, shall, '
on conviction, be punished in the manner provided in the
forty -first section of the one hundred and twenty-sixth chap-
ter of the Revised Statutes. [App?oved by the Governor^
April 10, 1846.]
Penalty for in
juring or de-
stroying said
lines.
ChaplU.
District Attor
ney to act in
ministrator.
An Act concerning Public Administrators.
BE it enacted by the Senate and House of Representa-
tives, iti General Court assewMed, and by the authority of
the same, as follows :
Whenever any public administrator shall neglect to re-
turn an inventory of the estate of his intestate, to settle an
of Pubiic"!^^''* account of his administration, or to perform any other duty
by law incumbent on him, and there shall not appear to be
any heirs at law of such intestate, it shall be the duty of
the district attorney for the district within which such ad-
ministrator received his appointment, to prosecute all such
suits, and do all such other acts, in behalf of the Common-
wealth, as shall be necessary and proper to insure a prompt
and faithful administration of such estate, and the payment
of the proceeds thereof into the treasury. [Ajjproved by the
Governor, April 10, 1846.]
C^a;?212.
Persons incor-
porated.
An Act to incorporate the Chelsea Branch Eail-Road Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Joseph Woodruff, Joshua Norton, Jr., John
Rayner, Benjamin Pond, John Lilley, Hiram Pond, Ebene-
zer W. Stone, George Passarow, their successors and as-
signs, are hereby made a corporation, by the name of the
1846 Chap. 212. 141
Chelsea Branch Rail-road Company, with all the powers
and privileges, and subject to all the duties, liabilities and
provisions, contained in the forty-fourth chapter of the Re-
vised Statutes, and in that part of the thirty-ninth chapter
of said statutes relating to rail-road corporations, and in the
public statutes which have been, or may hereafter be pass-
ed relating to such corporations.
Section 2. Said company is hereby empowered and au- Location of
thorized to locate, construct, and finally complete, a rail- "f"*^-
road, with one or more tracks, from some convenient point
at or near the Eastern Rail-road, in Chelsea, to a point in
said Chelsea nearly opposite, and not less than two hun-
dred, nor more than five hundred, feet north of the Dell, in
the Cary Farm ; thence on a line curving to the north, cross-
ing the old road to Maiden, not less than two hundred feet
north of the southwest corner of said Cary farm ; thence
continuing on said line to the Winnisimmet marsh ; thence
in a straight line, in such a direction as when produced
would strike near the northwest corner of the Richardson
marsh, near the dam on Island End River, passing in said
direction so as to cross over Maiden street, not less than one
hundred feet north of the northerly bridge in said street ;
thence continuing in said straight line, to a point about four
hundred feet easterly of said northwest corner of the said
Richardson marsh, near said dam on Island End River :
thence curving to the north, and running not less than sev-
enty, nor more than one hundred and twenty feet north of
said Island End River, not more than eighty feet south
of the Boston and Chelsea Iron and Screw Company's fac-
tory ; thence northerly of said river, to some convenient
point of intersection with the Boston and Maine Rail-road,
in said Maiden, without obstructing the navigation of the
main stream of Island End River, below the dam aforesaid.
Section 3. The depot of said Chelsea Branch Rail-road Location of de-
Company, at Winnisimmet Village, shall be near or about p°^"
the centre of the route of said IBranch Road through the
said marshes, or about midway between where said route
crosses the old road to Maiden and the dam aforesaid ; and
no stone, gravel, or other building materials, shall be taken stone, &c.not
by said Branch Rail-road Company, or its successors, or by lo. betaken
any corporation entering said branch road, from Island End d^owners""*^"^
Hill in said Maiden, nor from the uplands of the Winnisim-
met Company, nor from the marshes aforesaid, nor from the
Cary Farm, without the consent of the owners of the estates
from which the same may be taken, excepting only the land
over or upon which said rail-road shall be actually located
as aforesaid. And the owners of said Winnisimmet, Rich- Owners, &c.
ardson, the Sands, and Cary estates, and their grantees or ^rYet'r&c' '^*^'
legal representatives, shall have the right to locate, build ^ '^^ *'
and maintain continuous streets and ways, connecting their
142
1846.-
-Chap. 212.
Provided, &-C.
Capital stock
not to exceed
8200,000, in
shares of $100.
Time for locat-
ing and com-
pleting road.
The Legislature
may reduce tolls
and profits, af-
ter 5 years.
Provided, &c.
May enter upon
and use the Bos-
ton and Maine
Rail -road.
The Legislature
may authorize
its use by any
other company.
May transfer
property, &c.
to the Boston
and Maine or
Eastern Rail-
road Company,
or both of them.
estates divided by said rail-road, and cross and re-cross said
track or tracks, over, under, or on a level with the rail-road
where it runs through said estates, and where it separates
any part of the same from said Island End River, as they
shall find most convenient, not obstructing the locomotives
and cars running on said track or tracks : provided, how-
ever, that said Branch Rail-road Company, and its success-
ors, shall not be exempted, by the provisions of this act,
from any damages for lands taken from, or damages done
to, the landings, streets, passage-ways, lots, or other prop-
erty of the owners of said Winnisimmet, Richardson, Sands
and Gary estates, by the location of said tracks and depot,
across or upon their lands, landings, streets, passage-ways,
lots, or other property, as aforesaid.
Section 4. The capital stock of said corporation shall
consist of not more than two thousand shares, of one hun-
dred dollars each, the number of which shall be determined,
from time to time, by the directors thereof; and the said
corporation may take, purchase and hold such real and per-
sonal estate, as may be necessary and convenient for the
purposes of their incorporation, subject, however, to the
provisions contained in this act.
Section 5. If the location of said Branch Rail-road shall
not be filed, according to law, within one year, or if said
company shall not complete said Branch Rail-road within
three years from the passage of this act, then the same shall
be null and void.
Section 6. The Legislature may, after the expiration of
five years from the time when said Branch Rail-road shall
be opened for use, from time to time, reduce the rates of toll,
or other profits upon said road, but said tolls and other pro-
fits upon said rail-road, shall not, without the consent of
said company, be so reduced as to produce, with said profits,
less than ten per cent, per annum to the stockholders.
Section 7. Said Branch Rail-road Company is hereby
authorized to enter with their road, upon the Boston and
Maine Rail-road, at the point of intersection therewith,
mentioned in the second section of this act, and to use the
same, or any part thereof, according to the provisions of law
in that behalf made and provided.
Section 8. The Legislature may authorize any company
to enter, with any other rail-road, at any point in said Chel-
sea Branch Rail-road, and to use the same, or any part
thereof.
Section 9. The said Branch Rail-road Company is here-
by authorized and empowered to transfer all its property,
rights, privileges and franchises, under this act, either to the
Boston and Maine Rail-road Company, or to the Eastern
Rail-road Company, or to both of them, whenever either or
both of said last mentioned corporations shall elect to re~
1846. Chap. 212—215. 143
ceive and hold the same in such manner, and on such terms
as shall be mutually agreed upon by either or both of said
last mentioned corporations and said Chelsea Branch Rail-
road Company ; and upon such transfer, all the powers and
privileges hereby granted, shall be vested in either or both
of the said companies so purchasing and receiving the same,
and its successors. [Approved by the Goveimor, April 10,
1846.]
An Act to incorporate the Massachusetts Teachers' Association. Cyhcip'ZlO.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. Oliver Carlton, Samuel Swan, their associates Persons incor-
and successors, are hereby made a corporation, by the name P^'^^^^^-
of the Massachusetts Teachers' Association, with all the
powers and privileges, and subject to all the duties, liabili-
ties and restrictions, set forth in the forty-fourth chapter of
the Revised Statutes ; and said corporation may hold real May hold estate
and personal estate to the amount of twenty thousand dol- |2oooo"fo be
lars, to be devoted exclusively to the promotion of the in- devoted,' &c.
terests of education, and the improvement of the qualifica-
tions of teachers.
Section 2. This act shall take effect from and after its When to take
passage. [Apj^J'oved by the Governor, April 10, 1846.] ^^^"^^^
An Act to incorporate the City Mutual Fire Insurance Company. C^flJ3 214.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by tlie authority of
the same, as folloivs :
Section 1. Aaron D, Williams, Ebenezer Crafts, Alvah Persons incor-
Kittredge, their associates and successors, are hereby made ^ure firl ^risks
a corporation, by the name of the City Mutual Fire Insu- '« Roxbury for
ranee Company, to be established in the city of Roxbury, muuTaTprinV^'^
for the term of twenty-eight years, for the purpose of in- cipie.
suring dwelling-houses and other buildings, and personal
property throughout this 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,
and all other laws of the Commonwealth relating to such
corporations. [Approved by the Governor, Ajiril 11, 1846.]
An Act to incorporate the American Nail Company. ^'hn'n'^^ ^
BE it enacted by the Senate and House of Rep?-esenia-
lives, in General Court assembled, and by the authority of
the sam.e, as follows :
Section 1. Peter Harvey, John N. Barbour, Ebenezer Persons incor-
Rhoades, their associates and successors, are hereby made pof^'^d.
144 1846. Chap. 215—218.
a corporation, by the name of the American Nail Company,
to manufacture for the piirpose of manufacturing nails and spikes in that
nails and spikes |. ^^ ^j^g ^^^y ^f Bostou, Called East Boston, county of
in iiiast Boston, r . i i "i . i • • i i i •
Suffolk, With all the powers and privileges, and subject to
all the duties, liabilities and restrictions, set forth in the
thirty-eighth and forty -fourth chapters of the Revised Stat-
utes.
Real estate not SECTION 2. Said Corporation may, for the purposes afore-
^lorooo and ^^^^' ^^^^ ^^^^ estate to the amount of one hundred thou-
capita! stock saud dollars, and the whole capital stock of said company,
^500,000. shall not exceed five hundred thousand dollars. [Approved
by the Governor, April 14, 1846. J
njidn^lQ, An Act concerning Guardians and Treasurers of Indian Tribes and others.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
May be re- Guardians and treasurers of Indians appointed by the
Governor and government of the Commonwealth, may be removed by the
Council forsuf- govcmor and council, and others appointed in their stead,
ficient cause, whenever there maybe just occasion for so doing [Ap-
proved by the Governor, Aj^ril 14, 1846.]
/-»! o-i <-j An Act establishing the Salary of the first Clerk in the Office of the Secre-
lyfiap ZiV t . tary of the Commonwealth.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as foUoios :
Annual salary From and after the first day of January, in the year one
Ifter January 1, thousand eight hundred and forty-six, the first clerk in the
1846, &c. ' ofiice of the secretary of the Commonwealth, shall receive
a salary of twelve hundred dollars a year, to be paid quar-
terly, which said sum shall be in full for all services ren-
dered in said ofiice. [Approved by the Governor, April 15,
1846.]
C/ta/7 218.
An Act in addition to the several Acts concerning the Militia.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Returns to ad- SECTION 1. The Commanding officer of every company
juiani general raised at large, in addition to the returns now required to
commandLg be made to the command! ug oflicers of regiments and bat-
companies, &c. talions, shall, within ten days after each of the days of in-
spection, trainings and review, required by law, make, to
the adjutant general, a return of the number of men be-
longing to his company, that appeared, armed, uniformed
and equipped, and performed duty on any such day, to-
gether with the number of men belonging to his company
1846. Chap. 218. 145
that were absent ; it being provided that not more than Prodded, &c.
sixty-four in number, exclusive of musicians, shall be so
returned as having done such duty, excepting, in such com-
panies as are allowed a larger number by law, and of mu-
sicians not more than four ; and it being also provided that
the commanding otiicer of the regiment or battalion to
which any company may belong, shall certify that such
company did, on the day of regimental field inspection and
review, well and faithfully perform all the duties required
by law, on such day, in default of which, any such com-
pany shall forfeit the pay provided by law for the day
aforesaid.
Section 2. The commanding officer of every company company rolls,
raised at larse, shall, after each of the days of inspection, &c.,tobede-
. . P ' . ' -111 1 A. 11 livered Einnu-
traniing, and review required by law, make out an alpha- aii^', &c., by
betical roll of the persons, not exceeding sixty-four in num- officers com-
i_ ,. ^^..' x-i • manduiff com-
ber, CXCJUSlve of musicians, excepting such companies as panics, &c., to
are allowed a larger number by law, and of musicians not adjutant gen-
more than four, that appeared, armed, uniformed and equip- ^'^ "
ped, and performed duty in his company on each of said
days, and, within twenty days after the last parade, shall
transmit the same, certified, under his oath, to be correct
and true, to the adjutant general, it being provided iha.t Provided, Si.c.
such roll shall contain the names of those persons only,
who have performed the duty required by law, and shall
not contain the name of any private who has performed
duty as a musician.
Section 3. The adjutant general shall, within twenty Returns of same
days after the receipt of the last return provided for in the geieraU?"'^*
second section, transmit to the mayor and aldermen of any towns, after cer-
city, and to the selectmen of any town, in which the com- *''>'"'&•
pany armory, or place of assembling the company is situ-
ated, the alphabetical roll provided for in the second section,
after he shall have carried out, opposite to the name of each
man returned, the amount of pay to which such man is, by
law, entitled ; and this roll shall, before it is so returned,
be certified by said adjutant general, to contain the names
of those persons only who are entitled to the bounty pro-
vided by law ; and the mayor and aldermen, and the select-
men aforesaid, shall, thereupon, draw their warrants upon Warrants to be
their respective treasurers, directing them to pay the amount J^TtJeSireK
due to the persons named in said roll, and shall, on or be- and rolls to be '
fore the thirty-first day of December, annually, under a ^^[^4*^^^^^"
penalty of thirty dollars for neglect in so doing, remit said •'"^ ^^"^"^
roll to the adjutant general, with a certificate endorsed
thereon, setting forth that a warrant has by them been
drawn on their respective treasurers, in favor of the several
persons whose names are recorded in said roll.
Section 4. The adjutant general shall, on or before the ^3^°""*^"?^®'"
fifteenth day of January, ascertain, from the returns made burse towiT to
19
146
1846.-
-Chap. 218.
be ascertained
and reported
by adjutant
general, &c.
Rolls of field
and staif offi-
cers, &c., to be
delivered by
commanders of
regiments and
battalions, to
officers com-
manding brig-
ades, and by
commanders of
brigades to
commanders of
divisions, and
by commanders
of divisions to
the adjutant
general, tfec.
Pay oiF officers.
Penalty for
false returns by
commanding
officers.
to him, the amount of money which will be necessary to
reimburse the several towns and cities, and submit the
same to the governor of the Commonwealth, who is hereby
authorized to draw his warrant on the treasurer of the
Commonwealth, for the repayment of the sum advanced.
Section 5. The commanding officer of each regiment
and battalion of the militia of the Commonwealth, shall,
annually, within ten days after the autumnal inspection and
review, make to the commanding officer of the brigade to
which such regiment or battalion belongs, a certified roll of
the names of the field and staff" officers belonging to such
regiment or battalion, specifying the rank of each who ap-
peared, armed, uniformed and equipped, and performed
duty on said day. And the commanding officer of each
brigade shall, on or before the tenth day of November, an-
nually, make to the commanding officer of the division to
which such brigade belongs, a certified roll of the names of
all such field and stafii" officers within his brigade, specify-
ing the rank of each, as have appeared, armed, uniformed
and equipped, and performed duty at the brigade, regimen-
tal, or battalion inspection and review. And the command-
ing officer of each division shall, on or before the first day
of December, annually, make to the adjutant general a
certified roll of all the field and staff" officers within his di-
vision, specifying the rank of each, who have appeared,
armed, uniformed and equipped, and performed duty on the
days of such autumnal inspection and review. And each
and every commissioned officer who shall be so returned,
shall be entitled to receive the sum of six dollars ; and
each and every non-commissioned officer who shall be so
returned, shall be entitled to receive the sum of three
dollars.
Section 6. Any commanding officer of a regiment, bat-
talion, brigade or division, who shall make to the adjutant
general a false return of the names of field and staff" offi-
cers belonging respectively to his regiment, battalion, brig-
ade or division, as having appeared, armed, uniformed and
equipped, and as having done duty, or who 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 person who has been
excused for absence or non-performance of such duty, shall
be deemed to have been guilty of a misdemeanor, and may
be prosecuted therefor by indictment in the municipal court
of the city of Boston, if living in the county of Suf-
folk, or in the court of common pleas, holden in either of
the other counties of the Commonwealth, in which the offi-
cer so offending shall live ; and, upon conviction thereof,
shall forfeit and pay. to the use of the Commonwealth, for
each offence, a sum not less than fifty dollars, nor more
1846. Chap. 218. 147
than one hundred dollars, in the discretion of the court be-
fore which such conviction shall be.
Section 7. Each colonel of a regiment may raise by vol- Commanders
untary enlistment, and organize, within his regiment, and of regiments
for the use thereof, a band of musicians, not to exceed eigh- "aiidsoTnor
teen in number, including one master and one deputy mas- ^ore than eigh-
, J i.ixi i jjxi J teen musicians,
ter ; and may grant to the master and deputy master and and command-
privates, warrants as such; and such band shall be under ers of battalions,
the dn-ection and command of the commanding officer of nfore^ihan'ei'^ht
the regiment ; and each commanding officer of a battalion musicians,
may, in like manner, raise and organize, within his battal-
ion, and for the use thereof, a band of musicians, not exceed-
ing eight in number, including one master and one deputy
master, and grant to the master, deputy master and privates
thereof, warrants as such ; and such band shall be under
the command and direction of the commanding officer of Command of
the battalion. The master, and, in his absence, the deputy '^® ^^^^'
master, shall teach and lead and command such band, and
issue all orders directed by said commanding officer of any
regiment or battalion, as the case may be. And each mem-
ber of each and every such band, shall provide himself
with such uniform as may be directed by the commander in Uniforms and
chief, and keep himself provided with such instrument or instruments,
instruments, as may be directed by the commanding officer
of the regiment or battalion ; and, for any neglect, deficien-
cy or misconduct, shall forfeit such sums as are prescribed Penalty for neg-
in such case, in the one hundred and second section, chapter ^^"''•
twelfth of the Revised Statutes, and may be dismissed from
the band by the commanding officer of the regiment or bat-
talion.
Section 8. Each member of a regimental or battalion Pay of mem-
band shall be entitled to receive the sum of three dollars memaf or^bat-
for each full day's service, and one half that sum for taiion bands".
each half day's service, rendered in obedience to an order
from the commanding officer of the regiment or battalion to
which such band may belong, it being provided that such Provided, &c.
commanding officer shall not order out said band for more
than two days' service in any one year, nor upon any other
occasion than that of a regimental or battalion parade for
review or instruction and drill.
Section 9. The master of every such band shall, within Returns by mas-
ten days after the parade thereof, made under order of the ^^p °^ ^^^^ *°'
commanding officer of the regiment or battalion to which erai,^° ^^°
such band may belong, make to the adjutant general an
alphabetical return of the names of the men who appeared
in uniform and performed duty in such band on any such
day, the last return to be made on or before the tenth day
of November, annually, it being provided that the returns Provided, &c.
above specified shall contain a certificate signed by the com-
manding officer to whom said band was ordered to report
148
1846.-
■Chap.218.
Provision for
pay-
Commissioned
officers of com-
panies to be a
captain and four
lieutenants.
Company of ar-
tillery to be de-
signated to ap-
pear with field
pieces, &.c.
Provided, &c.
Horses for field
pieces, &c.
Other compa-
nies to appear
as infantry.
Inspection of
field pieces, &c.
Adjutant Gen-
eral to be in-
spector general
of the militia.
Adjutant Gen-
erd to transmit
this act and
blank forms.
itself for duty, setting forth that the duty was well and
faithfully performed ; in default of which, the members of
such band shall forfeit the pay provided for in the eighth
section ; and the adjutant general shall proceed to provide
for the pay of such members, and for the reimbursement
thereof on the part of the Commonwealth, in the same man-
ner as is provided for in the case of members of the volun-
teer companies of the militia.
Section 10. The commissioned officers of each company
of cavalry, artillery, grenadiers, hght infantry and riflemen,
shall be one captain, one first, one second, one third and one
fourth lieutenant.
Section 11. The commanding officer of each regiment
and battalion of artillery shall, at least ten days before the
annual field inspection and review, designate by special or-
der one company in his regiment or battalion, to appear at
said inspection and review, with its field pieces and caisson,
and the necessary apparatus and ammunition complete for
the field ; it being provided that regard shall be had to the
company which is nearest to the parade ground ; and the
commanding officer of such company, and of each company
of artillery, on occasions of parade for experimental gun-
nery, shall provide horses to draw the field pieces and cais-
son, and present the account of the expenses thereof, as is
provided for in the one hundred and twenty-eighth section
of chapter twelfth of the Revised Statutes ; and each and
every company in such regiment or battalion not so desig-
nated, shall appear armed and equipped, and be inspected
severally as infantry. And the commanding officer of each
and every such company shall, on the day of company pa-
rade under his own order, immediately preceding the fall
inspection, inspect the field pieces and caisson, and all the
appurtenances belonging thereto, and shall make out a re-
turn of their condition, certified under his oath to be correct
and true, which he shall deliver to the brigade inspector on
the day of regimental field inspection, and in default there-
of, shall be liable to the penalty for such neglect made and
provided.
Section 12. The adjutant general of the Commonwealth
shall be the inspector general of all the militia thereof, and
shall perform and discharge all the duties appertaining to
the office of such inspector general, and shall present his
account for the expenses which he may incur in the per-
formance of his duty, as such, as is provided for in the one
hundred and twenty-eighth section of chapter twelfth of the
Revised Statutes.
Section 13. The adjutant general shall cause a copy of
this act to be sent to the clerks of the several cities and
towns in the Commonwealth, and to all the commissioned
1846. Chap. 218—220. 149
officers of the volunteer militia, and shall provide forms of
all the returns necessary to be made to him.
Section 14. The twentieth section of the twelfth chapter Repeal of m-
of the Revised Statutes, together with the third, fourth, fifth, ^;;S?"'^''"
and sixth sections, of the act in relation to the militia, passed
in the year one thousand eight hundred and forty-five, and
so much of the tenth section of the same act, as relates to
the forfeiture of towns to be reimbursed by the State, for
neglect in making returns to the adjutant general, and all
acts and parts of acts, to which this is in addition, incon-
sistent with the provisions of this act, are hereby repealed.
[Approved by ike Governor, April 15, 1846.]
An Act to designate the Fund for the Payment of the Salary of the Land C/lffw219.
Agent, and of Appropriations for Educational 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 :
Section 1. The salary of the land agent shall be paid Land Agent's
from the proceeds of the sales of the public lands : provided, paid^^rom pro-
however^ that if such proceeds should not at any time be ceedsofsaiesof
sufiicient to pay the amount of salary, due and payable, the ded,\c!^°^^'
same shall be paid from moneys in the treasury not other-
wise appropriated.
Section 2. All sums of money which shall be hereafter Appropriations
drawn from the treasury, by virtue of appropriations made, '"'' educational
DUrDOSGS to DG
or to be made, for educational purposes, shall be considered charged upon
as a charge upon the moiety of the proceeds of the sales of monies payable
the public lands now set apart for the purpose of constitut- Fund/&c.
ing "a school fund," and all payments made on account of
such appropriations shall be deducted from the amount re-
ceived into the treasury from the moiety of the sales of the
public lands, before such moiety shall be credited to the
school fund : provided, however, that if the moneys received Provided, &c.
on account of said moiety should not be sufficient to pay
the sum drawn, on account of any appropriation for educa-
tional purposes, such draft shall be paid from " the school
fund," already invested.
Section 3. This act shall take effect from and after its when to take
passage. {Aj)2^7'oved by the Governor, April 15, 1846.] effect.
An Act to establish the Massasoit Banli in Fall River. Chttt) 220.
BE it enacted by the iSetiate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Oliver S. Hawes, Jason H. Archer, Azariah Persons incor-
Shove, their associates and successors, are hereby made a {^alik^ers fn Fail
corporation, by the name of the President, Directors and River, tin Octo-
Company of the Massasoit Bank, to be located in the town ^®'" ^> *^^^-
of Fall River, county of Bristol, and to continue a corpora-
150 1846. Chap. 220—222.
tion until the first day of October in the year one thousand
eight hundred and fifty-one ; with all the powers and privi-
leges, and subject to all the duties, restrictions and liabilities,
set forth in the thirty-sixth and forty-fourth chapters of the
Revised Statutes, and in all other laws of the Common-
wealth, relating to banks and banking.
Stock transfer- SECTION 2. The stock iu Said bank shall be transferable
able at baukinsr i i-^ui- i -i ■ ■ .. -u i
house, &c. only at its banknig house and in its books.
Capital to con- SECTION 3. The Capital stock of said corporation shall
sist of 5 100,000, consist of one hundred thousand dollars, to be divided into
^'loo!"^^* ° shares of one hundred dollars each, to be paid in such in-
stalments and at such times as the stockholders may direct ;
Provided, Si.c. provided, the whole be paid in, on or before the first day of
April, in the year one thousand eight hundred and forty-
seven, [Approved by the Governor, April 15, 1846.]
Chctp 221. -^^ -^"^^ relating to the Meetings of the County Commissioners in the County
■^ of Hampshire.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
r,. .- Section 1. So much of the sixth section of the eighty-
Disconlmuance ^,, r i rt • t c-, i i
of meetings on lourth Chapter ot the Kevised Statutes, as relates to the
first Tuesday in meeting of the county commissioners in the county of Hamp-
shire, on the first Tuesday of June, is hereby repealed.
Annual meet- SECTION 2. There shall be a meeting of the county com-
ings to be held missiouers in the county of Hampshire, on the Tuesday
afie^thlsecond ^^^^^ after the sccoud Monday of June annually, and all
Monday of petitions, noticcs, orders, returns and other proceedings re-
June, &.C. turnable and having reference to the first Tuesday of June
next, shall apply to and be proceeded upon at the time
herein fixed for holding the June meeting.
When to take Section 3. This act shall take effect from and after its
efl'ect. passage. [Approved by the Governor, Ajjril 15, 1846.]
An Act to provide for constructing Town Ways and Private Ways in certain
OhCip 222. cases.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authoj'ity of
the same, as follows :
If towns neglect SECTION 1. If any towu in which a town way or private
to construct way has been or shall be laid out or altered by county com-
by^county""* missioucrs, agreeably to the provisions of the twenty-fourth
commissioners, chapter of the Rcvised Statutes, in any case in which the
s'i'one^rs'haii Selectmen of such town have unreasonably refused or neg-
compiete the Icctcd to lay out or alter such town way or private way,
charffe^of'aie ^^all uot make and complete the same in the manner which
towns, &c. has been or may be prescribed by said commissioners, and
with interest of ^q their acccptauce, within six months from the time of lay-
cost 3.1 iGD DCr
cent., &c. ing out such town way or private way, or within such
1846. Chap. 222—223. 161
time as they may direct, the said commissioners, as soon as
may be thereafter, shall cause such way to be completed as
aforesaid, and, at their next meeting, they shall direct the
expenses and charges of completing such town way or pri-
vate way to be paid out of the county treasury, and shall
order notice thereof to be given to such delinquent town,
stating the amount of said expenses and charges : and if
said town shall not, before the next regular meeting of said
commissioners, pay the same with interest thereon, at the
rate of ten per cent, a year from the time of payment thereof
from the county treasury, the said commissioners shall cause
the same, with all further costs, to be collected in the manner,
and in relation thereto, the said town shall be subject to the
liabilities prescribed and set forth in the forty-fifth section
of said twenty-fourth chapter of the Revised Statutes, re-
specting delinquent towns which have not paid their pro-
portion of the expenses and charges of completing a high-
way.
Section 2. If any town in which any town way or pri- Liabilities of^
vate way laid out or altered by the selectmen thereof has tolo compfete
been or shall be approved and allowed by county commis- roadsiaidoutby
sioners, and an acceptance and record thereof directed by ^®®'=*^'"^"'
them to be made by the clerk of such town, agreeably to the
provisions of said twenty-fourth chapter of the Revised
Statutes, in any case in which such town has unreasonably
refused or delayed to approve and allow such town way or
private way, and to put the same on record, shall not make
and complete the same in the manner which has been or
may be prescribed by said commissioners, and to their ac-
ceptance, within six months from the time of their approval
thereof, or within such time as said commissioners may di-
rect, the same proceedings and the same remedies shall be
had, and such delinquent town shall be subject to the same
liabilities, as are provided in the preceding section for the
case therein mentioned.
Section 3. This act shall take effect from and after its ^^n to take
passage. [App7oved by the Governo)', April 15, 1846. J
An Act relating to the Duties of School Committees, and the Distribution of Qfiap '2,'2>S.
the Income of the School Fund. "
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. In every city and town in the Common- school commit-
wealth, in which it is now required by law that the school tees, &c., to
committee shall be elected in the month of February, March wln^JeMerms
or April, the school committee of the year preceding such are dosed, and
election, shall continue to hold their office, and to discharge gecrTtar"^^^ ^°
the duties thereof, notwithstanding the election of success-
ors, until the winter terms of the several schools shall have
152
1846.-
•Chap.
Provided, &c.
School commit-
tee to ascertain
and certify the
number of chil-
dren, &c., and
certify tlie
amount of
money raised,
&c.
Blanks, &c., to
be prescribed,
by Board of
Education, &c.
distributed by
Secretary,
through the
sheriffs and
town clerks.
closed, and until the certificate, return, and report, as here-
inafter provided, shall have been by them made and trans-
mitted to the office of the secretary of the Commnowealth :
provided, however, that, in regard to the examination of
teachers for the summer schools, the visitation of those
schools, and all other duties, except the making and trans-
mitting of the said documents, the term of office of the new
committee shall be held to commence immediately after
their election to the same.
Section 2. The school committee of each city and town
shall, as soon as may be after the first day of May, annual-
ly, ascertain by actual examination or otherwise, the num-
ber of persons between the ages of four and sixteen years,
belonging to such city or town, on the said first day of May,
and shall make a certificate thereof, under oath, and also of
the sum raised by such city or town for the support of
schools, including only wages and board of teachers, and
fuel for the schools, during the said year; and shall transmit
the same to the Secretary of the Commonwealth, on or before
the last day of the following April, which certificate shall
be in the following form, to wit :
We, the school committee of , do certify, from the
best information we have been able to obtain, that, on the
first day of May, in the year , there were belonging to
said town the number of persons, between the ages of
four and sixteen years ; and we further certify, that said
town raised the sum of dollars for the support of com-
mon schools for the said year, including only the wages and
board of teachers, and fuel for the schools.
School
Committee.
ss. On this
day of
personally appeared
, and made oath
the above-named school committee of
that the above certificate by them subscribed is true.
Before me,
, Justice of the Peace.
Section 3. The form of the blanks, and the inquiries
provided for by the statute of the year one thousand eight
hundred and thirty-seven, chapter two hundred and twen-
ty-seven, shall be prescribed by the Board of Education ;
and it shall be the duty of said board, in the month of Jan-
uary, annually, to transmit to the secretary of the Com-
monwealth, copies of said blanks for the several cities and
towns. It shall be the duty of said secretary to cause said
blanks to be forwarded to the sheriff's of the several coun-
ties, who shall transmit them as soon as may be to the
clerks of the several cities and towns within their counties
respectively, and said clerks shall forthwith transmit the
same to the school committees. The school committees of
1846. Chap. 223. 163
the several cities and towns shall return said blanks duly-
filled up, to the office of the Secretary of the Commonwealth, ^turnec?b*°'*
on or before the last day of April, If any school commit- school coinmit-
tee shall fail to receive such blank form of return on or be- *-^^^> ^^^
fore the last day of March, they shall forthwith give notice Notice of fail-
thereof to the Secretary of the Commonwealth, who shall ^[anks'^&^c^^
transmit such blank as soon as may be. '
Section 4. The school committees shall annually make Report of
a detailed report of the condition of the several public tee^o beTrans"
schools in their respective cities and towns, which report mitted to Sec-
shall contain such statements and suggestions in relation to ^etary;
such schools as the said committees shall deem necessary or
proper to promote the interests thereof; and a certified copy
of such report shall be transmitted by said committees to
the office of the Secretary of the Commonwealth, on or be-
fore the last day of April. Said report shall also be depos- deposited in
ited in the office of the clerk of the city or town ; and shall ^^^^'^ o^<=«»
either be read in open town meeting, in the month of Feb- town-meeting,
ruary, March or April, or, at the discretion of the school or published,
committee, shall be printed for the use of the inhabitants.
Section 5. The income of the Massachusetts School Distribution of
Fund, to the first day of June in each year, except the sum schod^fund.
of two hundred and forty dollars appropriated to the sup-
port of schools among the Indians, shall be apportioned
by the Secretary and Treasurer, and paid over by the
Treasurer on the tenth day of July, to the treasurers of the
several cities and towns, for the use of the common schools
therein, according to the number of persons therein, between
the ages of four and sixteen years, ascertained and certified
as provided in the second section of this act. Provided, PrmMed, &,c.
however, that no such apportionment shall be made to any
city or town which shall have failed to comply with any of
the provisions of this act, or which shall not have raised
by taxation, for the support of schools, including only
wages, and board of teachers, and fuel for the schools, dur-
ing the said year, a sum equal at least to one dollar and
twenty-five cents, for each person between the ages of four
and sixteen years, belonging to said city or town, on the
first day of May of said year.
Section 6. This act shall take effect from and after the Time of taking
last day of April, in the present year ; and the Secretary of effect,
the Commonwealth shall transmit a copy thereof to the Copies to be
school committee of each city and town, as soon as may be transmitted.
after the passage of the same.
Section 7. All acts and parts of acts inconsistent with ^^^^l °[ '"q.
this act, are hereby repealed. [Approved by the Governor, visions^" ^^°
April 15, 1846.]
20
>54 1846. Chap. 224—226.
Chap 224. -^^ ■^'^'^ ^° incorporate the Proprietors of the Pine Grove Seminary in Har-
-* ' wich.
BE it enacted by the Senate and Honse of Representa-
tives, in Gefieral Court assembled, and by the authority of
the same, as foUoivs :
^«'^^on^ mooT- Sidney Brooks, his associates and successors, are hereby
poraied for edu- , •' ■ i i /• i t-»- A c^ •
cationai pur- made a corporation, by the name ot the Fme (jrove fcemi-
poses. nary, to be established in the town of Harwich, in the
county of Barnstable, 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
Estate not to to hold real and personal estate, to an amount not exceed-
to be^devoted^' ^^^ ^^® thousand dollars, to be devoted exclusively to the
&c. ' purposes of education. [A2)j)roved by the Governor-^ April
15, 1846.]
Chap 225. An Act to incorporate the Concord Steam Mill Company.
BE it enacted by the Senate and Honse of Beprcsenta-
iives, in Getieral Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Joel Britton, S. F. Belknap, William Thomp-
^^^^^ ' son, their associates and successors, are hereby made a
corporation, by the name of the Concord Steam Mill Com-
to erect a steam pauy, for the purposc of erecting a steam mill, in the town
lumber &c!'°^ of Concord, county of Middlesex for sawing lumber, plan-
and for man'u- ing boards, grinding grain and plaster, making doors, blinds,
ConcoTd.*^*^' '° sashes, and for the manufactures of wood, cotton and
wools, with all the powers and privileges, and subject to all
the duties, restrictions, and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Estate not to SECTION 2. Said corporation may hold real and personal
exceed «50,000. ^ . j^ ■ ^ c ^t r -i
^ estate, necessary and convenient tor the purposes aforesaid,
not exceeding in amount fifty thousand dollars. [Ajjproved
by the Governor, April 15, 1846.]
Chap 226. ^^ ■^^'^ *" incorporate the Cape Ann Savings Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Persons incor- SECTION 1. Joseph Reynolds, John J. Babson, William
&°iou*cester. Ferson, their associates and successors, are made a corpo-
ration, by the name of the Cape Ann Savings Bank, to be
located in the town of Gloucester, in the county of Essex,
with all the powers and privileges, and subject to all the
duties, liabilities, and restrictions, set forth in the forty-
fourth chapter of the Revised Statutes, and in all other
laws of this Commowealth relating to Savings Banks and
Institutions for Savings. \ Approved by the Governor, April
15, 1846.]
♦ 1846 Chap. 227—228. 165
Aa Act in addition to " An Act incorporating the Methuen Bleaching and Qhcip^^l,
Dyeing 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 Methuen Bleaching and Dyeing Company are here- Works may be
by authorized to establish their works in Andover, in the Andov«^h^-"
county of Essex, instead of Methuen, in said county, if stead of Me-
they shall so elect. [Approved by the Governor, April 15, *"®"*
1846.]
An Act to incorporate the Dorchester and Milton Branch Rail-road Company. ChClJ) 228*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. WiUiam Richardson, Edmund P. Tileston, Persons incor-
Asaph Churchill, Jonathan Ware, Mark Hollings worth, porated.
their associates and successors, are hereby made a corpora-
tion, by the name of the Dorchester and Milton 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 Revised Statutes, and in
that part of the thirty-ninth chapter of said statutes, which
relates to rail-road corporations, and in all general laws,
which are now, or may be hereafter in force, relating to
rail -road corporations, in this Commonwealth.
Section 2. Said company may locate, construct and Location of the
maintain a rail-road, with one or more tracks, within the ^°^**'
towns of Dorchester and Milton, in the county of Norfolk,
commencing at the most convenient point, at or near the
depot of the Old Colony Rail-road, at Neponset Village, so
called, in Dorchester, and thence running, on the most eli-
gible route, through the southeasterly part of the town of
Dorchester, to a point eastwardly of the road leading from
Dorchester to Milton, over Milton Hill, then crossing Ne-
poaset River, and thence running through the northerly part
of the town of Milton, to some convenient point in Dorches-
ter or Milton, at or near " the Upper Mills," so called.
Section 3. The capital stock of said company shall con- Capital stock
sist of not more than nine hundred shares, the number of ^gVooo*''-^^^
which shall, from time to time, be determined by the direc- Imres of'^ioo.
tors of said company ; and no assessment shall be laid there-
on, of a greater amount, in the whole, than one hundred
dollars on each share ; and said company may invest and
hold such part thereof, in real and personal estate, as may
be necessary and convenient for the purposes of their incor-
poration.
Section 4. If the location of said road be not filed, ac- Time for loca-
cording to law, within one year, or if the said road be not t',°° *"^ ^""n-
■' ' pletion 01 road.
166 1846. Chap. 228—229. ^
completed within two years from the passage of this act,
then this act shall be void.
My enter upon SECTION 5. The said company are hereby authorized to
Old Colony enter with their rail-road, by proper turnouts and switches,
Rail-road. upon the Old Colouy Rail-road, at or near the depot in Ne-
ponset Village, and to use the same, or any part thereof, ac-
cording to the provisions of law.
The Legislature SECTION 6. The Legislature may authorize any company
may authonze ^q enter with another rail-road upon, and use said Dorches-
its use by any . ht-i -r* i t-» -i n t ^ i
other company, tcr and Milton Branch Kail-road, or any part thereoi, by
complying with such reasonable rules and regulations, as
the said Dorchester and Milton Branch Rail-road Company
may prescribe, or as may be determined according to the
provisions of law.
Rights, &c. may SECTION 7. The said Dorchester and Milton Branch Rail-
to^ the'oiTcoi- road Company may transfer and convey their rights, priv-
ony Rail-road ilegcs, property, and franchise under this charter, to the Old
Corporation. Colony Rail-road Corporation ; and said Old Colony Rail-
road Corporation are hereby authorized to take, receive and
hold the same, whenever a major part of the stockholders
of the two corporations respectively, shall elect so to do ;
and, for this purpose, the Old Colony Rail-road Corporation
may increase their capital stock by new shares, to an amount
not exceeding ninety thousand dollars,
ma^ reXcf""^^ SECTION 8. The Legislature may, after the expiration of
t^Hs and"profits four years from the time when said rail-road shall be opened
aft^i'^ye^s, for use, from time to time, alter or reduce the rate of tolls or
provi e , c. pj-Q^ts ypoQ g^id road ; but said tolls or profits shall not be
so reduced, without the consent of said corporation, as to
produce less than ten per centum per annum, upon the in-
vestment of said company. [Approved by the Governor,
April 16, 1846.]
Chap 229. ^^ ^^"^ ^° establish the Maiden Canal Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Jamcs Eatou, Johu Hamdeu, and Daniel P.
porated. Wise, their associates, successors and assigns, are hereby
made a corporation, by the name of the Maiden Canal
Company, with all the powers and privileges, and subject
to all the duties, restrictions and liabilities, set forth in the
thirty-ninth and forty-fourth chapters of the Revised Stat-
utes.
Location of SECTION 2. The Said corporation is hereby authorized to
canal. locate and construct a canal in Maiden, from a point in
Mystic River, at or near the mouth of Maiden Creek, to the
central village of Maiden, at some convenient point near
Lewis Bridge or Barretts Red Mills; and, for this pur-
Land taken. pose, may take land, not exceeding five rods in width, along
1846. Chap. 229—231. 167
the route of said canal, paying therefor damages, to be esti-
mated in the same manner as is now provided by law in the
case of rail -roads. The said corporation may construct May consimct
such locks and dams as may be necessary ; and may levy ^^oi'^ro'iis!
and collect such tolls, for the passage of vessels and boats,
and the transportation of freight, as may be equitable : j^^'o- Provided, &c.
videdj that the rate of toll shall not be higher than will yield
a fair net income of ten per cent, per annum : provided, the
free passage of the creek, by boats and vessels, below the
burial-ground, be not obstructed by the erection of any lock
or dam ; and provided further, that this grant shall in no
wise interfere with the rights, privileges or property of the
Boston and Maine Rail-road Company, or of any branch
rail-road company authorized to enter said Boston and
Maine Rail-road.
Section 3. The capital stock of said corporation shall Capital stock
not exceed fifty thousand dollars, and may be divided into ^50,000^'^in^
as many shares, of fifty dollars each, as the directors may, shares of po.
from time to time, determine ; and said corporation may
purchase and hold such real estate, in Maiden, as may be
necessary or convenient for its purposes.
Section 4. The said Maiden Canal Company shall file Time for loca-
the location of their canal, within one year, with the com- p°eUonVf"^-
missioners of the county of Middlesex ; and unless said nai.
canal is completed and opened for use within four years,
this act shall be null and void. [Appioved by the Goveriior,
April 16, 1846.]
An Act to incorporate the Maiden Steam Mills. Chap 230.
BE it enacted hy the Senate and Horise of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Hiram Pond, Joseph J. Fales, Jonathan E. Persons incor-
Gleason, their associates and successors, are hereby made a f°^^^^ >
corporation, by the name of the Maiden Steam Mills, for
the purpose of manufacturing steam engines and machinery '« manufacture
in the town of Maiden, county of Middlesex ; with all the and macinery
powers and privileges, and subject to all the duties, restric- 'n Maiden,
tions and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Estate not to
estate necessary and convenient for the purposes aforesaid, qoo?^ '"
not exceeding in amount one hundred and fifty thousand
dollars. [Approved by the Governor, April 16, 1846.]
An Act to incorporate the Walpole Eail-road Company. CllttV 231 .
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. John A. Gould, Edmund W. Clap, Joseph Persons incor-
Hawes, John Morse, and their associates and successors, p°^^'® "
158
1846.-
-Chap. 231.
Location of
road, &c>
Capital stock
not to exceed
^200,000, in
shares of ^100.
Time for loca-
tion and com-
pletion of road.
May enter upon
and use the
Dedham
Branch and
Boston and
Providence
Rail-roads.
The Legislature
may authorize
its use by any
other company.
The Legislature
may alter and
reduce tolls and
profits after
four years ;
Piovided, &c.
are hereby made a corporation, by the name of the Walpole
Rail-road Company, with all the powers and privileges, and
subject to all the duties, liabilities and restrictions, set forth
in the forty- fourth chapter of the Revised Statutes, and in
that part of the thirty-ninth chapter of said statutes relat-
ing to rail-road corporations, and in all other general laws,
which have been or shall be subsequently passed, relative
to rail-road corporations.
Section 2. Said company may locate, construct and
maintain a rail-road, with one or more tracks, from some
convenient point at or near the western termination of the
Dedham Branch Rail-road in the town of Dedham, county
of Norfolk, passing through the southerly part of said Ded-
ham, to some convenient point near the centre of Walpole,
in said county.
Section 3. The capital stock of said corporation shall
consist of not more than two thousand shares, the number
of which shall, from time to time, be determined by the di-
rectors of said corporation ; and no assessment shall be laid ,
thereon of a greater amount, in the whole, than one hundred
dollars on each share, and said corporation may invest and
hold such part thereof, in real and personal estate, as may be
necessary and convenient for the purposes of their incorpo-
ration.
Section 4. If the location of said road be not filed ac-
cording to law within one year, and the said rail-road be
not completed within three years from the passage of this
act, then the same shall be void.
Section 5. Said company is hereby authorized to enter
upon, and unite their rail-road, by proper turnouts and
switches, with the said Dedham Branch Rail-road, at or
near the termination thereof in Dedham, and also to use
said Dedham Branch Rail-road and the Boston and Provi-
dence Rail-road, paying therefor such a rate of toll as may
be mutually agreed upon by the parties, or as the Legisla-
ture may from time to time prescribe.
Section 6. The Legislature may authorize any compa-
ny to enter with another rail-road upon, and use said Wal-
pole Rail-road, or any part thereof, by complying with such
reasonable rules and regulations, as the said Walpole Rail-
road Company may prescribe, or as may be determined ac-
cording to the provisions of law.
Section 7. The Legislature may, after the expiration
of four years from the time when said rail-road shall be
opened for use, from time to time, alter and reduce the rate
of tolls or profits upon said road ; but said tolls or profits
shall not be so reduced, without the consent of said corpo-
ration, as to produce, less than ten per cent, per annum,
upon the investment of said company, {Approved by the
Governor^ April 16, 1846.]
1846. Chap. 232. 159
An Act authorizing the Granite Railway Company to extend their Hail-road, Chap 232.
and for other purposes. ^
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ afid by the authority of
the same, as follows :
Section 1. The Granite Railway Company are hereby Road to be ex-
authorized, with all the powers and privileges, and subject JahfdtecUons
to all the duties, restrictions and liabilities, set forth in the and distances.
laws of the Commonwealth now in force, or which may be
set forth in any laws hereafter enacted, relating to rail-road
companies, to extend their rail-road from its present termi-
nation near Neponset River, in the direction following, viz:
crossing the Granite Bridge road at a convenient angle, and
continuing thence to a convenient point on the southerly
bank of said river, below or easterly of the creek, owned
by the heirs of John Rowe and others, and not more than
five hundred feet below the Granite Bridge ; thence straight
across said river to the northerly bank thereof, by a bridge
in which there shall be a draw of the same width, and in
all respects as convenient as that of said Granite Bridge;
and thence in such convenient direction, as to form a junc-
tion with a branch rail-road, now authorized to be con-
structed, from Milton Village to the Old Colony Rail-road,
to be called the Dorchester and Milton Branch Rail-road ;
and if said branch rail-road shall not be built within three
years from the passing of this act, then said Granite Rail-
way Company are hereby authorized to continue their said
road, in the most convenient direction, to said Old Colony
Rail- road, and to enter the same and form a junction there-
with. And with respect to said draw, said railway com- Draw in bridge
pany shall be subject to the same duties and liabilities, as po^^eV^*^ ^^'
are contained in the fourth section of the act to establish
the Old Colony Rail-road Corporation.
Section 2. Said Granite Railway Company are hereby May construct
authorized to construct branches, not exceeding one mile and'depot^&.c^'^
and a quarter each, in length from any part of their rail-
road within half a mile of their own granite quarry, to any
of the other neighboring quarries; and for the convenient
shipping of stone, to construct a wharf and depot on said
river, below said Old Colony Rail-road, and a branch from
the said rail-road to said wharf and depot; and said Granite
Railway Company are authorized to take such land as may
be necessary for such wharf and depot, not exceeding three
acres in extent, and such strips of land, not exceeding five
rods in width, as may be needful for the extensions and
branches authorized hereby, making payment for all land
so taken, in the same manner as is provided by law, con-
cerning land taken for the construction of rail-roads.
Section 3. Said Granite Railway Company are hereby ^^^y faisport
authorized to transport passengers and merchandise, as well m^rcTa^!di*se"
&c.
160 1846. Chap. 232—233.
as stone, over their said rail-road and the several branches
' thereof, and to own and use locomotive engines and cars,
b^mcreased by Suitable therefor ; and, for the purposes mentioned in this
an amount not act, may increase their capital stock by an amount, not ex-
^30,000.^ ceeding. fifty thousand dollars.
Rights, &c., Section 4. Said Granite Railway Company are further
"■ay be sold to authorized to sell their said road as it now is, with the
Rail-road Cor"/ rights and privileges created by this act, or as it may be
poration. when extended as aforesaid, in whole or in part, and with
the several branches aforesaid, or any of them, to the Old
Colony Rail-road Corporation. And said corporation is
hereby authorized to purchase the same. [Approved by the
Governor, April 16, 1846.]
/^/j„„<?>c>q An Act to authorize the Western Kail-road Corporation to extend a Branch
l^uujp ^.OO. Rail-road from West Brookfield to 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 :
Location of SECTION 1. When the Western Rail-road Corporation
road? '^^' shall coustruct a branch rail-road, leading from their main
road at or near the village of West Brookfield, to any part
of the town of New Braintree, as authorized by the sixth
section of their act of incorporation, they are hereby em-
powered to extend and to construct and maintain the same,
in and across the valley of Ware River, either through the
easterly part of the town of Hardwick and a part of the
town of Barre, or from said New Braintree, through a part
of said Barre, to a point at or near the village in the centre
of said Barre, and for the purpose of constructing said
branch rail road, the said corporation shall have all the
powers and privileges, and be subject to all the duties, lia-
bilities and restrictions, contained in their act of incorpora-
tion, and in the several acts in addition thereto, and to such
as are 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 the public
statutes which have been or may be, subsequently passed,
relating to such corporations.
May take, pur- SECTION 2. Said Corporation may take, purchase, and
reaUsta"te. ^°^^ ^^^^ ^^^^ ^^^^ estate ou the line of said branch rail-road,
as may be necessary and convenient therefor, and for depots
for the use of said branch road.
Time for loca- SECTION 3. If the location of Said branch road shall not
pieUon of"'"' ^® ^^^^ "^ ^he manner required by law, within one year, or
branch road. if the said branch shall not be completed within two years,
from the passage of this act, then this act shall be void.
[Approved by the Governor, Aj^ril 16, 1846.]
1846. Chap. 234—235. 161
An Act concerning Security for Costs in Proceedings in the Supreme Court (^fidp 234.
of Probate.
BE it enacted by the Seriate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
The supreme court of probate shall have the same au- Supreme Court
thority to require an endorser or security for the payment of ^^ u're'^sec^^y
costs, in any probate case or proceeding in that court, which for costs, as in
they now have in proceedings in equity, by virtue of the proceedings in
tenth section of the ninetieth chapter of the Revised Stat-
utes, [Approved by the Governor, April 16, 1846.]
An Act in addition to " An Act to incorporate tlie Town of Blackstone." CnCtp ^So»
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. The town of Blackstone shall pay to the town Blackstone to
of Mendon eleven seventeenths of all State and county taxes P^^po°ti!Jn°of°"
apportioned to the town of Mendon for the year one thou- state and coun-
sand eight hundred and forty-five ; and the assessors of said ^y ^^^^^> ^'^■
town of Blackstone, upon a certificate made to them by the
assessors of the town of Mendon of the amount aforesaid,
shall assess the same upon the polls and estates of the in-
habitants of the said town of Blackstone, and shall direct
the collector of the town of Blackstone to collect the amount
so assessed, and pay the same to the treasurer of the said
town of Mendon, on or before the first day of November,
one thousand eight hundred and forty-six.
Section 2. All State and county taxes which otherwise Apportionment
would be apportioned to the town of Mendon until the next next'statetal-"
State valuation, shall hereafter be apportioned eleven seven- uation.
teenths to the town of Blackstone, and six seventeenths to
the town of Mendon ; said apportionment to be made by the
State and county officers, whose duty it is to apportion State
and county taxes, and be collected of the respective towns
in the same manner, as if the town of Blackstone had been
incorporated before the taking of the State valuation next
preceding the passage of this act.
Section 3. The assessors of Mendon and Blackstone, in state and coun-
their assessments of taxes for the year one thousand eight Jo b^fncbdfd^'
hundred and forty-six, shall include the State and county in the assess-
taxes for the years one thousand eight hundred and forty- ™^"^^ °^ ^^'^■
five, and one thousand eight hundred and forty-six, any
law or decision of this Commonwealth to the contrary, not-
withstanding. [Approved by the Governor, April 16, 1846.]
21
162
1846.-
-Chap. 236—238.
Chap 236,
Persons incor-
porated,
An Act to incorporate the Artesian Well Association.
BE a enacted by the Senate and Hoiise of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Enos Stewart, P. P. F. Degrand, Jesse Chickering, their
associates and successors, are hereby made a corporation, by
the name of the Artesian Well Association, for the purpose
to sink a well of sinking a well to a great depth for geological and scien-
Suffoik!°"°'^ °^ ^^^^ purposes, in the county of Suffolk ; 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 ; and, for the purposes aforesaid, may hold real and
personal estate or capital stock to an amount not exceeding
one hundred thousand dollars. [Ajjproved by the Governor,
April 16, 1846.]
Estate not to
exceed ^100,-
000.
Chap 231.
Description of
casks for pack-
ing Maine lime
for inspection.
Keg;ulations re-
specting Maine
lime to be as
before, except
as to size of
casks.
An Act concerning the Inspection of Lime.
BE it enacted by the Seiiate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Whenever, in accordance with the provisions
of the twenty-eighth chapter of the Revised Statutes, an
inspection shall be demanded of lime manufactured in, and
imported from, the State of Maine, the inspector shall re-
quire that such lime be in casks, manufactured from sound
and well seasoned lumber, with at least ten good hoops,
well driven and secured upon each cask ; the staves of the
cask shall be thirty inches in length, and not less than half
an inch in thickness; the heads shall be not less than three-
fourths of an inch in thickness, and they shall be well crosed
in ; each cask to be not less than twenty-six and one half
inches between the heads, and seventeen inches between the
chimes, with good and suitable bilge, and made in a work-
man-like manner.
Section 2. The same rules, regulations, restrictions and
liabilities, except as to the size of the cask, shall apply to
lime imported from the State of Maine, as are provided in
said twenty-eighth chapter of the Revised Statutes, and the
same compensation shall be made for inspection. [Ajyproved
by the Governor, April 16, 1846.]
ChaV 238. -^^ -^^"^ ^^ establish the Salaries of the Watchman and Assistant Watchmen
■* * of the State House.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Annual salary SECTION 1. The Watchman of the State House shall re-
1*0 be^gTOot and ccive an annual salary of seven hundred dollars, and the
of assistant' two assistant watchmen an annual salary of six hundred
1846. Chap. 238—239. 163
dollars each, and the said salaries shall be paid in quarterly watchmen geoo
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.
Section 2, This act shall take eflfect from and after the when to take
first day of April, in the year one thousand eight hun- ^^'^<''-
dred and forty-six. [Approved by the Governor^ April 16,
1846.]
An Act to incorporate the Lancaster and Sterling Branch Rail-road Com- ChOiT) 239.
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 :
Section 1. Amory Holman, Winthrop E. Faulkner, Persons incor-
William H. Wood, their associates and successors, are P"*^^'^ '
hereby made a corporation, by the name of the Lancaster
and Sterling Branch Rail-road Company, with all the pow-
ers and privileges, and subject to all the duties, liabilities,
and restrictions, set forth in the forty-fourth chapter of the
Revised Statutes, and in that part of the thirty-ninth chap-
ter of said statutes relating to rail-road corporations, and in
all other general laws which have been, or shall be subse-
quently passed, relative to rail-road corporations.
Section 2. Said company are empowered to locate, con- Location of
struct and maintain, with one or more tracks, a branch ^°^-
rail-road, commencing at some convenient point in the
Fitchburg Rail-road, in the town of Acton ; thence running
to the village of Stow ; thence through Bolton and Lancas-
ter to a point in Sterling convenient to intersect the contem-
plated rail-road from Fitchburg towards Worcester ; or, at
the option of said company, commencing at some conve-
nient point on said Fitchburg Rail-road, in the westerly
part of the town of Concord ; thence running through Ac-
ton, Sudbury, Stow, Marlboro', Bolton, Berlin and Lancas-
ter, to the terminus aforesaid, in said Sterling.
Section 3. The capital stock of said company shall con- capital stock
sist of not more than six thousand shares, the number of ^"f-'nlPf^^f?®**
which shall, from time to time, be determined by the direc- fhare's of $ioo.
tors of said company; and no assessment shall be laid thereon
of a greater amount, in the whole, than one hundred dol-
lars on each share ; and said company may invest and hold
such part thereof, in real and personal estate, as may be
necessary and convenient for the purposes of their incor-
poration.
Section 4. The company hereby established may also May enter upon
enter upon, and unite their rail-road, by proper turnouts l?'',"^^ **•*„ .,
and switches, with the said Fitchburg Rail-road, at some road '^
convenient place in said Acton or Concord, and use said
Fitchburg Rail-road, or any part thereof, paying therefor
164 1846 Chap. 239—240.
such a rate of toll or compensation as may be agreed by
the parties, or as the Legislature may, from time to time,
prescribe, and subject to all the restrictions and conditions
contained in any laws existing, or which may hereafter be
enacted, to regulate the use of rail-roads, and to such rea-
sonable rules and regulations as may be established by the
said Fitchburg Rail-road Company, for their mutual safety
and convenience.
TheLedsiature SECTION 5. The Legislature may authorize any company
"nYo^ther°com- to enter with another rail-road upon, and use the said Lan-
pany to enter castcr and Sterling Branch Rail-road, or any part thereof,
t^eToad. "^^ by complying with such reasonable rules and regulations
as the said Lancaster and Sterling Branch Rail-road Com-
pany may prescribe, or as may be determined according to
the provisions of law.
The Legisia- SECTION 6. The Legislature may, after the expiration of
the^diy^d"*^^ ^^^^ years from the time when said rail-road shall be opened
profits after 4 for usc, from time to time, alter or reduce the rate of tolls,
years. ^j. Q^j^gj. profits, upou Said rail-road ; but said tolls or profits
Provided, &c. gjjaU not, witliout the consent of said company, be so re-
duced as to produce less than ten per cent, per annum
upon the investment of said company.
Time for loca- SECTION 7. If the location of Said rail-road be not filed
p'letiou of road, within one year, or if the said company shall not complete
their rail-road, as provided for in the second section of this
act, with at least one track, within three years from the
passage of this act, then the same shall be null and void,
'^ay unite with SECTION 8. The Company hereby cstabhshcd, by a vote
Rail-road ""^^ of its Stockholders, at a meeting called for that purpose,
Company. may uuitc with the Fitchburg Rail-road Company : pro-
Provided, &c. vided, the stockholders of the said Fitchburg Rail-road
Company shall, at a meeting called for that purpose, agree
to the same. And when such vmion shall have been made,
said corporations so united shall have, possess, and hold all
the property, rights, privileges and franchises, and be sub-
ject to all the duties, restrictions, and liabilities, which the
corporations so united had enjoyed, and been subject to,
under their respective charters, and shall bear the name of
the Fitchburg Rail-road Company. [App?oved by the Gov-
ernor, Ajjril 16, 1846.]
ChciV 240. ^^ "^^^ *° incorporate the St. John's Catholic Total Abstinence and Mutual
^ * Relief 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 :
Person^ incor- SECTION 1. Richard Burns, John Moriarty, Thomas
J'aif River. Murphy, their associates and successors, are hereby made
a corporation, by the name of the St. John's Catholic Total
Abstinence and Mutual Relief Society, of Fall River, for
1846. Chap. 240—242. • 165
the purpose of promoting the cause of temperance and of
reHeving 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 chapter of the Revised Statutes.
Section 2. The corporation hereby created may hold ^**^*^^°inon
real or personal estate, or both, to the amount of two thou- fo bTd^oted '
sand dollars, to be devoted exclusively to the charitable and to charitable
other purposes above mentioned. [Approved by the Gov- P"""?"*^^' ''•
ernor, April 16, 1846.]
An Act for the Correction of the State Map. Chov 241 .
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Secretary of the Commonwealth shall Secretary to
cause to be prepared, a manuscript map of each county in maps*to"com-
the Commonwealth, copied froni the original map, on a missioners.
large scale, now deposited in the Secretary's office ; and
shall transmit the maps of the several counties to the boards
of commissioners of said counties respectively.
Section 2. The commissioners of each county shall, from Commissioners
time to time, cause to be correctly and fairly delineated, andTeturn^thr'
upon said map, the changes in the boundaries of towns, the same to Secre-
course of new roads, rail-roads and canals, and other topo- ^^^^'^ °*^^-
graphical alterations within the limits of the county ; and
on or before the first day of July, in every year, shall return
said map into the office of the Secretary of the Common-
wealth, in such condition as to present a true representation
of the county, up to the first day of June of the same year.
Section 3. It shall be the duty of the Secretary in every secretary to
year, as soon as may be, after receiving said county maps, <^°"6*=' p'^'^s .
to cause alterations represented in the same to be delineated ^ ^ ""^^^
on the plates of the State map.
Section 4. If the commissioners of any county shall Penalty for
neglect, in any year, to make the return required in the paft^oV com-^
second section of this act, they shall forfeit and pay, for missioners.
such neglect, the sum of one hundred dollars, to be recov-
ered by the treasurer for the use of the Commonwealth.
Section 5. All acts, and parts of acts, inconsistent with Repeal of in-
the provisions of this act, are hereby repealed. [Approved viTions^"* ^™'
by the Governor, April 16, 1846.]
An Act concerning the Sale of Trust Estates. ChcLV 242.
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 :
Section 1. The supreme judicial court, in exercising Powers of the
their jurisdiction over trusts relating to real and personal fiarc^urt^hf"
166
1846.-
-Chap. 242—243.
respect to sales, estate in all cases when a sale and conveyance of such es-
est^ate". ^™^* tate shall have become necessary or expedient, upon the bill
or petition of any party interested therein, shall have power
to order and decree such sale and conveyance, and the in-
vestment, reinvestment, and application of the proceeds
thereof, upon such security and in such manner as shall best
effect the objects of the trust and be most safe and beneficial
for all interested therein. [Approved by the Governor, April
16, 1846.]
Chap 24S,
Governor, &c.,
to appoint three
port wardens
for Nantucket,
&c.
Who shall
grant and re-
voke warrants,
&c.
and make regu-
lations, &c.
Pilots to qualify
by making oath
and giving
bonds, and to
deliver their
commissions on
demand, &c.
Penalty for
acting as a pi-
lot without
commission,
&c.
Provided, &c.
An Act to regulate the Pilotage in Nantucket.
BJE it enacted by the Senate and House of Representa-
tives, i?i General Court assembled, and by the authority of
the same, as follows:
Section 1. There shall be appointed by the Governor,
with the advice and consent of the Council, three persons,
who shall be residents of Nantucket, to be denominated
wardens of the port and district of Nantucket, who shall
hold their offices during the pleasure of the Governor and
Council, and whose duty it shall be to grant commissions or
warrants to a suitable number of persons to be pilots for the
port of Nantucket.
Section 2. Said wardens shall make all suitable and ne-
cessary regulations for the government of such pilots as they
shall commission, and may revoke any such commission
when in their judgment it may become necessary.
Section 3. Every pilot appointed by said wardens shall,
before entering upon his office, be sworn to the faithful dis-
charge of the duties thereof, and shall also give bond to the
wardens of said port for the time being, in the sum of one
hundred dollars, with condition that he shall faithfully per-
form the duties of such office, and shall give up his branch
or commission when demanded by a vote of the said war-
dens, and in default of said delivery shall forfeit the sum of
fifty dollars for every vessel which he shall attempt to pilot
after having notice to give up the same.
Section 4. If any person not having a branch or war-
rant as a pilot or deputy for the harbor of Nantucket shall
falsely represent himself as a pilot or a deputy for said har-
bor, and shall undertake to pilot into or out of said harbor
any vessel drawing nine feet of water or more, he shall for-
feit a sum not exceeding one hundred dollars for each offence,
and he shall be further liable to pay all damages that may
be sustained by reason of his so undertaking to pilot such
vessel : provided, however, that if the person so acting as
pilot or deputy shall be employed for that purpose by the
master or commander of any vessel, knowing that such per-
son was not a legal pilot for said harbor, the person so
acting as pilot shall not be liable to pay any forfeiture or
damage in case of loss.
1846. Chap. 243—244. 167
Section 5. The rates of pilotage which each of said pilots Rates of pilot-
may demand, shall be as follows, to wit : For all vessels ^^^
taken to sea westward, past Gay Head, two dollars per foot,
and all vessels taken to sea eastward one dollar and fifty
cents per foot from the bar, and ten dollars in addition for
each vessel so piloted in and out over the bar not drawing
less than nine feet of water ; and for piloting a loaded ves-
sel from Edgar town. Holmes' Hole, or Wood's Hole, to the
bar off Nantucket the sum of fifteen dollars.
Section 6. The several pilots of the said port of Nan- Powers, duties
tucket and their deputies, shall have all the power and be and 'mWities of
subject to all the duties and liabilities, mentioned in the pro- ^'*^^'
visions of the thirty-second chapter of the Revised Statutes,
except those which specially relate to any port or harbor
therein mentioned, and except so far as said provisions are
modified or controlled by the preceding sections of this act.
[Approved by the Governor, Ajml 16, 1846.]
An Act coneerning Hawkers and PedJers. nhnn '2\Ai
BE it enacted by the iSefiate and House of Repiesenta-
fives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. From and after the first day of July next. Hawkers, &c.,
every hawker, pedler, or petty chapman, or other person, must have a
going from town to town, or from place to place, or from jufy Tst^ 1^846,
dwelling-house to dwelling-house, in the same town, either *or sale of cer-
on foot, or with one or more horses, or otherwise carrying ^^'" ®''^'*^ ®*'
for sale, or exposing to sale, any goods, wares or merchan-
dise, or taking a residence in any town for that purpose, for
a less time than one year, except as provided in the second
section, or under a license, granted as hereinafter provided, or be punished
shall forfeit a sum not exceeding two hundred dollars for ^ forfeiture,
every offence; and that nothing contained in this section b^t ,,ot for sal
shall be construed to restrain sales at public auction, accord- at auction, &c.
ing to law.
Section 2. Any person may go about, as aforesaid, sell- Articles which
ing and exposing to sale, any fruits and provisions what- may be sold by
ever, live animals, brooms, agricultural implements, fuel, wlthouUicense.
newspapers, books, or pamphlets, agricultural products of
the United States, the products of his own labor or any labor Prohibited arti-
of his own family; but the sale of jewelry, wines, spirituous ^'^^•
liquors, playing cards, indigo, and feathers, as aforesaid, is
hereby prohibited : provided, if the city council of any city b^ the sale
shall authorize the mayor and aldermen of such city, or the by minors
inhabitants of any town shall authorize the selectmen of ^cTby^own'gov-
such town to restrain the sale, by minors, of any goods, ernmem.
wares, or merchandise, the sale of which in the manner
aforesaid, is permitted in this section, such mayor and alder-
men, or selectmen, while such authority remains in force,
may exercise in the premises, all the powers they are by
168
1846.-
•Chap. ^44.
Term of re-
straint and of
license.
Secretary may
grant licenses
on certificate
of selectmen,
&c.
Form of license,
&c.
Payment to
Commonwealth.
Payment to,
and certificate
of, town trea-
surer.
License only to
avail after pay-
ment to town
treasurer, and
within specified
limits.
Provided, fee.
Sums payable
for license.
law authorized to exercise in relation to theatrical exhibi-
tions and public shows ; and any violation of such restraint,
when the same shall be imposed by the regulations of said
mayor and aldermen, or said selectmen, or any sale of the
articles in question, without a license, where the same shall
be required in exercise of the authority above granted,
shall subject the persons guilty of the same to a penalty not
exceeding ten dollars for every offence : provided, further,
that no such restraint imposed, or license granted, shall re-
main in force beyond the term of office of those by whom
the same was imposed or granted.
Section 3. The Secretary of the Commonwealth may
grant a license to go about seUing and exposing to sale, any
goods, wares or merchandise, not prohibited in the second
section, to any applicant, who shall file in his office, a cer-
tificate, signed by a majority of the selectmen of any town,
or the mayor of any city, in the Commonwealth, which cer-
tificate shall state that, to the best knowledge and belief of
such mayor or selectmen, the applicant therein named, is a
citizen of the United States, and resides in such city or
town, and is in good repute for morals and integrity. And
the mayor or selectmen as aforesaid, before granting such
certificate, shall require every such applicant to make oath
that he is the person named therein, that he is a citizen of
the United States, and is a resident of such city or town,
which oath shall be certified by a justice of the peace and
accompany the certificate.
Section 4. The Secretary of the Commonwealth shall
cause to be inserted, m every license, the names of such
cities and towns as the applicant shall select, with the sum
to be paid to the respective treasurers thereof, annexed, and
shall receive from the applicant one dollar for each city or
town so inserted ; and every person so licensed, is hereby
authorized to sell, as aforesaid, any goods, wares or mer-
chandise, not prohibited in the second section, in any city
or town mentioned in his license, upon first tendering to the
treasurer thereof, the sum stated to be due ; and the treasu-
rer of such city or town shall make a certificate on the face
of the license, stating the sum so received. No license
granted under this act shall be pleaded in bar to any com-
plaint against the person licensed, if it be proved that he
exposed to sale in any county, city or town mentioned in
such hcense, any article not permitted or prohibited in the
second section, prior to tendering to the treasurer thereof the
sum required by this act, or in any county, city or town,
not mentioned in such license : provided, that this act shall
not be construed to require any person so licensed, to pay
the sum due to the treasurer of any county, city or town,
before he is prepared to trade therein.
Section 5. Every person licensed under the foregoing
1846. Chap. 244. 169
sections, in addition to the sum payable to the Secretary of
the Commonwealth, shall pay to the treasurer of each city
or town, mentioned in his license, the sums following : —
For every town containing not more than one thousand in-
habitants, according to the United States census, next pre-
ceding the date of any license, three dollars. For every
town containing more than one thousand and not more than
two thousand inhabitants, six dollars. For every town con-
taining more than two thousand and not more than three
thousand inhabitants, eight dollars. For every town con-
taining more than three thousand and not more than four
thousand inhabitants, ten dollars. And for every town con-
taining more than four thousand inhabitants, the sum shall
be increased in addition, to ten dollars, one dollar for every
one thousand inhabitants, over four thousand contained
therein : provided that the sum to be paid to the treasurer
of any city or town shall, in no case, exceed twenty-five
dollars.
Section 6. Every license granted under this act before Term of license,
the first day of January, in the year one thousand eight
hundred and forty-seven, shall bear date on the first day of
July next, and shall continue in force till the first day of
January aforesaid, and no longer ; and the amount to be
paid therefor shall be one half of any sums herein provided
to be paid for a similar license for a year, and every license
granted after the aforesaid first day of January, shall bear
date on the first day of January of the year in which it is
granted, and shall continue in force one year and no longer ;
and it shall not be lawful for any person to sell under any such
license, except the person licensed therein or named in a
transfer of the same, as hereinafter provided. The Secre- Records of the
tary of the Commonwealth shall keep a record of all licenses ^^™®-
granted, with the number of each, the name and residence
of the person licensed, and the counties, cities and towns
mentioned therein, and also of all special State licenses.
The treasurers of the counties, cities and towns, shall sev-
erally keep records of all licenses upon which the sums pro-
vided in this act have been paid, with the number of each,
the name and residence of the persons licensed, and the
sums received thereon, and all such records shall be open
for public inspection.
Section 7. In addition to the licenses authorized in the state licenses,
foregoing sections, the Secretary of the Commonwealth,
upon the conditions required in the third section, may grant
special State licenses, upon payment, by the applicant, of
one hundred dollars for each license ; and the person so li-
censed, shall be authorized to expose to sale any goods,
wares or merchandise, not prohibited in this act, in any
city or town in this Commonwealth ; and may also grant,
as aforesaid, special county licenses, upon payment, by the County licenses.
22
170 1846 Chap. 244.
applicant, of one dollar for each county mentioned therein ;
and the person so licensed, shall be authorized to expose to
sale, to any person within said counties, any tin, britannia,
glass or wooden wares, of the manufactures of the United
States, or any other goods, wares, or merchandise manufac-
tured by himself, or his employer, and not prohibited in
this act, upon tendering to the treasurer of each county
mentioned in said license, respectively, the sums follow-
ing : — For Suffolk, Essex, Middlesex and Worcester, each
four dollars. For Norfolk, Berkshire, Hampden, Bristol
and Plymouth, each three dollars. For Franklin, Hamp-
shire and Barnstable, each two dollars. For Nantucket,
one dollar, for Dukes, one dollar. And the county trea-
surers, respectively, upon the receipt of any sum, as afore-
said, shall certify thereto on the face of the license, stating
the amount so received.
Sums paid for Sectton 8. All sums paid to the Secretary of the Com-
licenses to be- monwealth under this act, shall be for the use of the Com-
ComnTonweaith, mouwcalth ; and all sums paid to the treasurer of any
county, town, county, city or town, shall be for the use of the county,
city or town, so receiving the same. Any license granted
under this act, upon proceedings had by the applicant, as
Transferor provided in the third section, may be transferred by the
licenses. Secretary of the Commonwealth, and the person to whom
such license is transferred, shall be liable, in all respects, as
if he were the person originally licensed.
Name, &c. to SECTION 9. Every person licensed as herein provided,
be posted, and shall Dost his name, residence, and the number of his li-
license to be K . ' ' , . , i • i
siiown, &c. cense, in a conspicuous manner, upon nis parcels or vehicle,
and whenever such license is demanded of him, by any
selectman or justice of the peace, he shall forthwith exhibit
it, and if he neglect or refuse to do so, shall be subject to
the same penalty as if he were without a license, and this
act, or a synopsis thereof, shall be printed on every license.
Penalties for SECTION 10. The license of any person who shall be
cense laws'&c. couvicted of a violation of any provision of this act, shall
be void. Any person who shall counterfeit or forge a li-
cense, or who shall have a counterfeited or forged license
in his possession, with the intent to utter or use the same as
true, knowing it to be false and counterfeit, or who shall
attempt to sell under a license which has expired, or is for-
feited, or which was not granted to him, and has not been
transferred to him, shall forfeit a sum not exceeding one
thousand dollars.
Repeal of in- SECTION 11. The scvcuth and eighth sections of the
visions!"* ^'°' thirty-fifth chapter of the Revised Statutes are hereby re-
pealed. [Approved by the Governor^ April 16, 1846.]
1846. Chap. 245. 171
An Act in addition to "An Act to incorporate the Eastern Rail-road Company," Qfidn 245.
and to "An Act to incorporate the Proprietors of the Newburyport Bridge." "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Eastern Rail-road Company are hereby Draw in bridge
required to make and complete, within six months from the ^^j^^VRiv^r to'
day of the passage of this act, a suitable draw in their bridge be built within 6
over the Merrimack River, of not less than forty-six feet in [jj^^^^'f^gj'^*^
width, over that part of the said river which runs under wide. Con-
the span of the said bridge, now existing between the pres- struction and
ent draw and the channel ; to be constructed and finished pro ved^by^ three
in such manner as shall be approved of by three commis- commissioners,
sioners, to be for that purpose appointed by the governor
and council, and at the expense of the said Eastern Rail-
road Company.
Section 2. From and after the expiration of the said six Time for com-
months, if the said draw herein required to be made, shall ^nd'^penaify for
not have been made and completed as aforesaid, the said neglect,
bridge, or so much thereof as shall interfere with the safe
and free navigation of the said river, shall be considered
and taken to be a public nuisance, and may be abated as
such, in the same manner in which any other obstruction
or nuisance in navigable waters may, by law, be abated or
removed ; and the said Eastern Rail-road Company shall
be liable to all persons navigating said river, or desirous to
navigate the same, for all losses, costs and damages, which
they may severally, from time to time, sustain by reason of
the omission to make and complete such draw.
Section 3. If, upon further examination, to be made by Present draw
the said commissioners, it shall appear to them that the ^^f ^^^^^ ^'^1°'
draw now existing in said bridge, maybe made of the width channei'cieared,
of forty-six feet, and that the channel above and through and ^^'^"^p^*'^® °^
below the same, may be made and maintained of sufficient
depth to admit of the passage of vessels without interrup-
tion or delay at all times of tide ; and the said Eastern
Rail-road Company shall undertake and agree to keep and
maintain said channel of such depth and clear from ob-
struction, and such draw shall be so widened, and said
channel shall be so prepared and cleared within the said six
months, then the obligations, requirements and forfeitures,
set forth and imposed by the first and second sections of
this act shall cease and determine : provided, however, that Provided, &c.
if, at any time hereafter, the said draw shall be found in-
sufficient or otherwise unsuitable, or the said channel shall
not be made or maintained of sufficient depth and free from
obstruction, so as to admit of the free passage of vessels,
as aforesaid, it shall be lawful for the Legislature to re-
quire the construction of such other draw, in such other
position, as shall seem necessary or expedient, any thing in
this act to the contrary notwithstanding.
172
1846..
•Chap. 245—247.
Existing obliga-
tions of corpo-
ration to remain
in force, &c.
Chap 24^6,
Persons incor-
porated.
Estate not to
exceed g 15,000.
Chap^M.
Persons incor-
porated.
Location of
road.
Section 4, Nothing herein contained shall be construed
to alter or impair any obligations of the said Eastern Rail-
road Company or of the said proprietors of the Newbury-
port Bridge to keep, maintain and tend the draw now exist-
ing, until that hereby required to be made, shall have been
completed, nor to alter or impair their obligations for the
maintenance of a suitable draw in said bridge, under their
respective charters, and the acts in addition thereto ; but all
such obligations shall remain in full force, and apply to the
maintenance and care of the draw hereby required to be
made, or of the present one, if altered as aforesaid, in the
same manner as if it had been originally provided for in
the said charters. [Approved by the Governor, April 16,
1846.]
An Act to incorporate the Temperance Hall Association in Dedham.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Stephen Bates, Austin Bryant, George C.
Whitney, their associates and successors, are hereby made
a corporation, by the name of the Temperance Hall'Associ-
ation in Dedham, 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.
Section 2. Said corporation are hereby authorized to
purchase land, and erect a hall thereon, to be used for tem-
perance, moral and scientific lectures, provided, the amount
invested shall not exceed fifteen thousand dollars. [Ap-
proved by the Governor, April 16 1846.]
An Act to incorporate the Fitchburg and Worcester 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 :
Section 1. Solomon Strong, Francis Perkins, Joel Pratt,
James H. Carter and Caleb C. Field, their associates and
successors, are hereby made a corporation, by the name of
the Fitchburg and Worcester Rail-road Company, 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, and in that part of the thirty-ninth
chapter of said Statutes, relating to rail-road corporations,
and in all other general laws which have been, or shall be
passed, relative to rail-road corporations.
Section 2. Said company may locate, construct and
maintain a rail-road, with one or more tracks, from some
c@nvenient point in the town of Fitchburg or Leominster,
through the centre village in said Leominster, to the centre
village in the town of Sterling, and thence to the most con-
1846. Chap. 247. 173
venient point, to intersect or connect their rail-road with the
Worcester and Nashua Rail-road, in said Sterling, or the
town of West Boylston ; and may, at said point of intersec-
tion, connect the rail-road hereby established, with said
Worcester and Nashua Rail-road, by proper turnouts and
switches, and may enter upon and use the same ; and, if
the charter of the Worcester and Nashua Rail-road Com-
pany shall become void in consequence of any omission to
locate or construct said rail-road, within the time prescribed
therefor, the corporation hereby established may, at any
time within six months after said charter shall become void,
locate their rail-road through West Boylston, Holden and
Worcester, to one of the depots in said Worcester, and shall
construct the same within two years from the date of said
location, to its southerly terminus in said Worcester.
Section 3. The capital stock of said company shall con- Capital stock
sist of not more than Jive thousand shares, the number of ^^oo'ooo''^^''
which shall, from time to time, be determined by the direc- shares of' poo.
tors of said company, and no assessment shall be laid there-
on of a greater amount in the whole, than one hundred dol-
lars on each share ; and said company may invest and hold
such part thereof in real and personal estate, as may be ne-
cessary and convenient for the purposes of their incorpora-
tion.
Section 4. Said company may also enter upon and unite May enter upon
their rail-road, by proper turnouts and switches, with the r"e''Fiiihburg''or
Fitchburg Rail-road, in Fitchburg or Leominster, or the the Vermont
Vermont and Massachusetts Rail-road, in some convenient ^".l^R^^f^'^^'i'
1- 1 -ii-T^-ii -1 , setts Kail-road.
place m or near the centre village m Fitchburg, and use the
same under the provisions and restrictions of the laws re-
lating to rail-roads.
Section 5. Said company may also enter with their rail- May enter upon
road, by proper turnouts and switches, upon the Worcester Worcettei^
Branch Rail-road in Worcester, at the most convenient place, Bmnch Rail-
and use the same under the provisions and the restrictions ■'°^''-
of the laws relating to rail-roads.
Section 6. Said company may purchase or hire the Wor- May purchase,
cester Branch Rail-road, and may receive a conveyance wiih"^?he Wor-^
thereof, and of its franchise, rights, powers and privileges, cester Branch
subject to the restrictions of its charter, or may unite with ^o^a",io^^ ^°'^'
the Worcester Branch Rail-road Corporation, upon such ''°^^'°""
terms as may be mutually agreed upon by the directors of
the two corporations ; and, in case of such purchase and
conveyance of the Worcester Branch Rail-road, or union of
said corporations, the Worcester Branch Rail-road Corpora-
tion shall cease, and be merged in the corporation created
by this act.
Section 7. Said company are hereby authorized to unite May unite witii
with the Worcester and Nashua Rail-road Corporation, upon amiS.ur'
such terms as may be mutually agreed upon bv the direc- Raii-road Cor-
■' ° ^ •' poration, &c.
174
1846.-
■Chap. 247—248.
or, by agree-
ment, may su-
persede the
same.
The Legislature
may authorize
its use by any
other compeuiy.
The Legisla-
ture may re-
duce tolls and
profits, after
four years.
Provided, &.C.
Time for loca-
tion and com-
pletion of road.
Chap 24>S.
Persons incor-
porated in Bos-
ton.
Estate not to
exceed
^40,000, the in-
come to be de-
voted, &c.
When to take
eflect.
tors of the two corporations, and, in case of such union, the
Worcester and Nashua Rail-road Corporation shall cease,
and be merged in the corporation hereby established ; or, if
this corporation shall agree with the Worcester and Nashua
Rail-road Corporation to surrender and give up their char-
ter, then this corporation may, when such agreement shall
have been duly executed, proceed forthwith to locate and
construct their rail-road to its southerly terminus in Wor-
cester.
Section 8. The Legislature may authorize any company
to enter with another rail-road upon, and use the rail-road
hereby established, or any part thereof, by complying with
such reasonable rules and regulations as the company here-
by incorporated may prescribe, or as may be determined ac-
cording to the provisions of law.
Section 9. The Legislature may, after four years from
the time when said rail-road shall be opened for use, from
time to time, alter or reduce the rate of tolls or profits upon
said rail-road ; but the tolls or profits shall not, without the
consent of said company, be so reduced as to produce less
than ten per cent, per annum upon the investment of said
company.
Section 10. If the location of said rail-road from Fitch-
burg or Leominster to Sterling, be not filed within one year,
or, if the said company shall not complete the portion of
said rail-road between Fitchburg or Leominster and Ster-
ling, with at least one track, in three years from the passage
of this act, then the same shall be null and void. [Approved
by the Governor^ April 16, 1846.]
An Act to incorporate the Union Baptist Society 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 :
Section 1. George W. Chipman, Enoch W. Perkins, and
Simeon Taylor, their associates and successors, are hereby
made a corporation, by the name of the Union Baptist So-
ciety, in Boston, with all the powers and privileges, and
subject to all the duties and liabilities, set forth in the forty-
fourth chapter of the Revised Statutes.
Section 2. Said corporation may hold real and personal
estate, or either, to an amount not exceeding forty thousand
dollars; provided, the income thereof shall be applied to
parochial purposes, except so much of said income as may
be needed to pay the principal and interest of any sums of
money, which may be hired on mortgage of the real estate
of said society, or otherwise.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 16, 1846.]
1846. Chap. 249—251. 175
An Act concerning the appointment of Guardians of Spendthrifts. Ch(tp^4}9.
BE it enacted by the Senate and House of Re])resenta-
tives, in General Court assembled, and by the authority of
the same, as follows :
The selectmen of any town upon which any spendthrift Selectmen of
is, or may become chargeable, may petition the judge of uilonMJTJudge
probate of the county, in which said town is situated, to of probate, wlio
appoint a guardian over him in the same manner as is pro- ^^yappo'"*'
vided in the eleventh section of the seventy-ninth chapter
of the Revised Statutes, and said judge shall have the same
power to act upon said complaint, as is given in the chapter
aforesaid. [Approved by the Governor, April 16, 1846.]
An Act to incorporate the Globe Village Hall Association. ChttV^50»
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and. by the authority of
the same, as follows :
Section 1. Samuel L. Fiske, James Gleason, William Persons incor-
F. McKinstry, their associates and successors, are hereby loutlfbridffe
made a corporation, by the name of the Globe Village Hall
Association, in Southbridge, 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.
Section 2. Said corporation are hereby authorized to Estate not to
erect and maintain a hall in Globe Village, in Southbridge, |Yo qqq ^^ ^^^
to be used for religious, temperance, scientific, and literary used, &c.
purposes, and, for that purpose, may hold real and personal
estate, to an amount not exceeding ten thousand dollars.
[Ajjproved by the Governor, Ajjril 16, 1846.]
An Act relating to Rail-road Corporations. Chctp 251.
BE it enacted by the Setiate and House of Representa-
tives, in General Court assembled, and by the authority of
the sam,e, as follows :
Section 1. The annual report now by law required to Particulars of
be made by the directors of the several rail-road corpora- EfP.?""'* ^^P™
•1-1-/-I 111111 r- • Rail-road cor-
tions Within this Commonwealth, shall, hereafter, contain porations.
full information upon the several items hereinafter enu-
merated, to wit : —
Form of Rail-road Return to the Legislature.
Capital stock, %
Increase of capital since last report.
Capital paid in per last report, ^
" " " since last report.
Total amount of capital stock paid in.
Funded debt, per last report.
" " paid since last report.
" " increase of, since last report.
176 1846. Chap. 251.
Total present amount of funded debt.
Floating debt, per last report.
" " paid since last report.
" " increase of, since last report.
Total present amount of floating debt.
" " " " funded and floating debt.
Average rate of interest per annum on do.
Cost of Road and Equipment.
For graduation and masonry, per last report.
" " " " paid during the past year.
Total amount expended for graduation and masonry.
For bridges, per last report.
" " paid during the past year.
Total amount expended for bridges.
For superstructure, including iron, per last report.
" " " " paid during the past year.
Total amount expended for superstructure, including iron.
For stations, buildings and fixtures, as per last report.
" " " " " paid during the past year.
Total amount expended for stations, buildings and fixtures.
For land, land-damages and fences, per last report.
" " " " " paid during the past year.
Total amount expended for land, land-damages and fences.
For locomotives, per last report.
" " paid during the past year.
Total amount expended for locomotives.
For passenger and baggage cars, per last report.
" " " " " paid during the past year.
Total amount expended for passenger and baggage cars.
For merchandise cars, per last report.
'' " " paid during the past year.
Total amount expended for merchandise cars.
For engineering and other expenses, per last report.
" " " " " paid during the past year.
Total amount expended for engineering and other expenses.
Total cost of road and equipment.
Characteristics of Road.
Length of road.
" " single track.
" " double track.
" " branches owned by the company, stating whether
they have a single or double track.
Weight of rail per yard in main road.
" " " " " " branch roads.
Maximum grade, with its length in main road.
" " " " " " branch roads.
Total rise and fall in main road,
" " " " " branch roads.
1846. Chap. 261. 177
Shortest radius of curvature, with length of curve in main
road.
" u u u u u u branch
roads.
Total degrees of curvature in main road.
'' " " " " branch roads.
Total length of straight line in main road.
" " " " " " branches.
Aggregate length of truss bridges.
Whole length of road unfinished on both sides.
Doings during the Year.
Miles run bv passenger trains.
" " ''' freight "
Total miles run.
Number of passengers carried in the cars.
" " " one mile.
" " tons of merchandise carried in the cars.
u u u u u u one mile.
" " passengers carried one mile, to and from other
roads.
" " tons carried one mile, to and from other roads.
Average rate of speed adopted for passenger trains, in-
cluding stops.
" " •' freight " "
Estimated weight in tons of passenger trains, including en-
gine and tender, but not including passengers hauled one
mile.
Do. ions of merchandise trains, including engine and tender,
but not including freight hauled one mile.
Expenditures for Working the Road.
For repairs of road, maintenance of way, exclusive of
wooden truss bridges and renewals of iron.
For repairs of truss bridges.
" renewals of iron, including laying down.
" wages of switch-men, gate-keepers and flag-men.
" removing ice and snow.
" repairs of fences, gates, houses for flag-men, gate-
keepers, switch-men, tool houses.
Total for maintenance of way.
Motive Powers.
For repairs of locomotives.
" new locomotives, to cover depreciation.
" repairs of passenger cars.
" new passenger cars, to cover depreciation.
" repairs of merchandise cars.
23
178
1846 Chap. 251.
For new merchandise cars to cover depreciation.
" repairs of gravel and other cars.
Total for maintenance of motive power.
Miscellaneous.
For fuel and oil.
" salaries, wages and incidental expenses, chargeable to
passenger department.
" salaries, wages and incidental expenses, chargeable to
freight department.
" gratuities and damages.
" taxes and insurance.
" ferries.
" repairs and station buildings, aqueducts, fixtures, fur-
niture.
" interest.
" amount paid other companies in tolls for passengers and
freight carried in their roads, specifying each com-
pany.
" amount paid other companies as rent for use of their,
roads, specifying each company.
" salaries of president, treasurer, superintendent, law ex-
penses, office expenses of the above offices and all
other expenses not included in any of the foregoing
items.
Income during the Year.
For passengers : —
1. On the main road exclusively, including branch owned
by company.
2. To and from other roads, specifying what.
For freight :
1. On main road and branches owned by company.
2. To and from other connecting roads.
U. S. mails. Rents.
Total income, $
Net earnings after deducting expenses.
Dividends.
Surplus not divided.
" last year.
Total surplus.
• Estimated depreciations beyond the renewals, viz : —
Road and bridges.
Buildings.
Engines and cars.
Secretary to SECTION 2. The Secretary of the Commonwealth shall
for°rem> fn^nish a table, prepared in conformity with the provisions
November) an- of the forcgoing Section, to every such rail-road corporation,
nuaiiy. jj^ ^j^g month of November, annually.
1846. Chap. 251—253. 179
Section 3. Such annual return shall also state whether Return casuai-
any fatal accident or serious iniury has occurred to any ties, and their
•' , -1 1 ■ r causes and cir-
passenger or other person upon any rail-road, in reterence cumstances;
to which such return is made, during the period covered by
said report; and if so, the cause of such accident or injury,
and the circumstances under which it occurred.
Section 4. If the directors of any rail-road corporation Reasons of de-
shall find it impracticable to return all the items in detail fepo°tef ^° ^^
required by this act, they shall, in their next annual return,
state the reasons why such details cannot be given. [Ap-
proved hy the Governor^ April 16, 1846.]
An Act to incorporate the Polishing Brick Manufacturing Company. ChCLt) '2-&2i.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. William H. Peet, Timothy K. Blaisdell, Persons incor-
Francis O. Irish, their associates and successors, are hereby P°''^^®^'
made a corporation, by the name of the Polishing Brick
Manufacturing Company, for the purpose of manufacturing to manufacture
polishing brick, in the town of Chelsea, county of Suffolk, P°chii'sla"*'''
wifh 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.
Section 2. Said corporation may hold, for the purpose Real estate not
aforesaid, real estate not exceeding thirty thousand dollars, ©"soow^and
and the whole capital stock shall not exceed sixty thousand capital s'tock
dollars. [ApjJroved by the Governor, April 16, 1846.] ^bO.ooo.
An Act in addition to " An Act to incorporate the First Methodist Episcopal (Jhnn 253
Society in the town of Lowell." ■»
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Thomas Hopkinson, Tappan Went worth, Pei-sons ap-
Stephen Mansur and Joshua Swan, shall be and they are ciared trustees!"
hereby appointed and declared the trustees of the " First
Methodist Episcopal Society in the town of Lowell," with
all the powers set forth in the act, to which this is an addi-
tion, passed February 21, 1827.
Section. 2. In addition to the powers heretofore granted Trustees to sell
to the trustees of said society, they shall have power, upon house^for"tfe
the written request df a majority in interest of the proprietors purpose of pay-
of the meeting-house, to sell and dispose of said meeting- Ihf society, &c.,
house, and to execute a deed of the same for the purpose of upon the written
paying out of the net proceeds of such sale, the debts of said jo^ty^of'the'"^'
society and the charges upon said house, and dividing the proprietors,
surplus pro rata among the proprietors in said house.
Section 3. In case of vacancy in the board of trustees Governor to fill
180
1846.-
-Chap. 263—264.
aforesaid, the Governor is hereby authorized to fill the
vacancy in
board of trust- '
ees. vacancy.
When to take SECTION 4.
effect. passage.
This act shall take effect from and after
[Approved by the Governor, April 16, 1846.]
its
Chap 254>.
Persons incor-
porated.
Location of
road.
Capital stock
not to exceed
;^350,000, in
siiares of glOO.
Investment.
May enter upon
and use the
Boston and Pro-
vidence, and
Taunton
Branch Rail-
roads.
An Act to incorporate the Wrentham and Foxborough 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 :
Section 1. Martin Torrey, William a Crocker, Melatiah
Everett, Abraham H. Howland, Samuel Warner, Jr., Aaron
Hobart, John M, Everett, Edson Carpenter, Don Carlos
Hawes, Henry Hobart, Oliver Felt, and Rhodes Sheldon,
their associates and successors, are hereby made a corpora-
tion, by the name of the Wrentham and Foxborough Rail-
road Company, with all the powers and privileges, and sub-
ject to all the duties, restrictions and liabilities, set forth in
the forty-fourth chapter of the Revised Statutes, and in that
part of the thirty-ninth chapter of said statutes relating to
rail-road corporations, and in all other statutes which have
been, or shall be hereafter passed, relating to rail -road cor-
porations.
Section 2. Said company may construct a rail-road from
some point at or near the depot of the Boston and Providence
Rail-road, in Mansfield, at the termination of the Taunton
Branch Rail-road ; thence northwesterly and southwesterly,
on the most convenient line, through the towns of Mans-
field, Foxborough, Wrentham and Bellingham, to the line
of Cumberland, in the state of Rhode Island, near the south-
east corner of the town of Blackstone, passing near Foxbor-
ough and Wrentham Centres, near Sheldonville, the Uni-
versalist Meeting-house, and Luke Jenckes' house, in West
Wrentham.
Section 2. The capital stock of said corporation shall
consist of not more than three thousand and five hundred
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 said company may
take, purchase and hold such real estate, and may pur-
chase and hold such engines, cars, and other things, as may
be necessary for the use of said rail-road, and for the trans-
portation of passengers, goods and merchandise.
Section 4. Said company may enter upon, and unite
their rail-road, by proper turnouts and switches, with the
rail-road of the Boston and Providence Rail-road Company,
and the rail-road of said Taunton Branch Rail-road Com-
pany, at the depot in Mansfield, and use such last-narned
rail-roads, or any part thereof, according to the provisions
of law.
1846. Chap. 254—255. 181
Section 5. The Legislature may authorize any other rail- The Legislature
road company to enter with another rail-road upon and use us use by any
the said Wrentham and Foxborough Rail-road, or any part other company,
thereof, by complying with such reasonable rules and regu-
lations, as the said Wrentham and Foxborough Rail-road
Company may prescribe, or as may be determined according
to the provisions of law.
Section 6. The said company are hereby authorized to May connect
expend, of their capital stock, such sum as the directors may Tild worctoter^
deem expedient, for the purposes of connecting said rail-road Rail-road, &c.
with the Providence and Worcester Rail-road, in or near the
village of Woonsocket, in the town of Cumberland and State
of Rhode Island, for the laying of a track from the line of
Massachusetts to said Woonsocket, for the purpose of depot
accommodations, and of such other arrangements as may
be necessary to effect and complete the connexion between
the rail-roads aforesaid.
Section 7. One or more of the directors or other officers One officer of
of said company, shall be an inhabitant of this Common- JJjug^t^'bPaTin"
wealth, on whom process against said company may be habitant of
legally served, and said company shall be held to answer in Massachusetts.
the jurisdiction where the service is made, and the process
is returnable.
Section 8. If the location of said rail-road shall not be Time for loca-
filed, according to law, within two years from the passage tion andcom-
„ '. ?,,.,' 1 ,1 1 X -J -I pletion of road.
of this act, or if said company shall not complete said rail-
road to the extent provided for in the second section of this
act, according to the terms therein stated, within three years
from the passage of this act, then this act shall be null and
void.
Section 9. The Legislature may, after the expiration of The Le£siature
five years from the time when said rail-road shall be opened tons and"profits
for use, from time to time, alter or reduce the rate of toll or after five years ;
other profits upon said rail-road, but the said tolls or profits
shall not, without the consent of said company, be so reduced Provided, &c.
as to produce less than ten per cent, per annum, upon the
investment of said company.
Section 10. This act shall take effect from and after its S^^^^T *° '^''^
passage. [Approved by the Governor, April 16, 1846.]
An Act to incorporate the Bedford Rail-road Company. Chup 255.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Thomas Stiles, Phinehas W. Chamberlin, Persons incor-
John Merriam, Jonas Munroe, Nathaniel C. Cutler and Wil- P"'"^'^^-
liam Clarke, their associates and successors, are hereby
made a corporation, by the name of the Bedford Rail-road
Company, with all the powers and privileges, and subject to
all the duties, liabilities and restrictions, contained in the
182
1846.-
■Chap. 255.
Capital stock
not to exceed
S100,000, in
shares of ^100.
Location of
road.
Time for loca-
tion and com-
pletion of road.
May enter upon
and use the
Lexington and
West Cam-
bridge Rail-
road.
The Legislature
may, from time
to time, reduce
tolls and profits 5
Provided, &.C.
The Legislature
may authorize
its use by any
other company.
May transfer
rights, (Stc, to
the Lexington
and West Cam-
bridge Compa-
ny, &c.
forty-fourth chapter of the Revised Statutes, and in that
part of the thirty-ninth chapter of said Statutes, which re-
lates to rail-road corporations, and in all general laws which
are now, or may be hereafter, in force, relating to rail-road
corporations in this Commonwealth.
Section 2. The capital stock of said corporation shall
not exceed one 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
said corporation may purchase and hold such real and per-
sonal estate as may be necessary for the purposes of their in-
corporation.
Section 3. The said company may locate, construct and
maintain a rail-road, with one or more tracks, beginning at
a convenient point for the accommodation of the public,
near to the centre village, in Bedford, thence passing through
the southeasterly part of said Bedford, and the northwest-
erly part of the town of Lexington, on the most feasible
route for constructing a rail- road, to a point most conveni-
ent for entering upon the Lexington and West Cambridge
Rail-road, near the termination of said road, in the town of
Lexington.
Section 4. If the said company be not organized, and
the location of their said road filed, according to law, with-
in two years, and, if said road be not completed and opened
for use, within four years from the passage of this act, then
this act shall be void.
Section 5. Said company may enter with their rail-road
upon the Lexington and West Cambridge Rail-road, at the
most convenient point in the town of Lexington, and use
the same, or any part thereof, according to the provisions of
law.
Section 6. The Legislature may, from time to time, re-
duce the rate of toll, or other receipts on said rail-road, when-
ever the net income thereof shall exceed ten per cent, per
annum ; but the toll or other receipts shall not, without the
consent of said company, be so reduced as to produce less
than ten per cent, per annum on the investment in said com-
pany.
Section 7. The Legislature may authorize any company
to enter with their rail-road, at any point on the said Bed-
ford Rail-road, and use the same, or any part thereof, by
complying with such reasonable rules and regulations as
the said Bedford Rail -road Company may prescribe, or as
may be determined according to the provisions of law.
Section 8. The said company may transfer their rights,
privileges and franchises under this charter, to the Lexing-
ton and West Cambridge Rail-road Company, whenever a
majority in interest of the stockholders of the aforesaid cor-
1846. Chap. 255^257. 183
porations, shall elect so to do ; or, if the said Bedford Rail- or said compa-
road Company shall not, within the time specified in the °^ad,*^J°*^^^^
fourth section of this act, file the location of their road ac- Provided, &c.
cording to law, then the said Lexington and West Cam-
bridge Rail-road Company, or their successors, may, within
one year after the expiration of said time, locate, construct
and maintain said road, on the route provided in this act;
and, in either case, for the purposes contained in this sec- and in either
tion, the said Lexington and West Cambridge Rail-road may'increasrits
Corporation, shall have and exercise, all the rights, privi- capital by
leges and powers, and be subject to all the duties, liabilities, S^^fi^-
and restrictions, contained in this act, and for the same pur-
poses, the said Lexington and West Cambridge Rail-road
Corporation are hereby authorized to increase their capital
stock one hundred thousand dollars.
Section 9. This act shall take effect from and after its when to take
passage. [Approved by the Governor, April 16, 1846.] ^^'^'''•
An Act to establish the Salary of the Kegister of Probate for the County of (7^fl?7 256.
Barnstable. -'
BE it enacted by the Senate and House of Represeyita-
tives, in Genej'al Court assembled, and by the authority of
the same, as follows :
Section 1. The register of probate for the county of ^"^"^soo^&c
Barnstable shall receive an annual salary of five hundred ** ^ ' '^'
dollars, payable quarterly, instead of the salary which he
now receives.
Section 2. This act shall take effect from and after the when to take
first day of April, in the year one thousand eight hundred ^^^ct.
and forty-six, [Approved by the Governor, April 16, 1846.]
An Act to change the Names of the Persons therein mentioned. Chttp 257 »
JBE it enacted by the Senate and House of Rejiresenta-
tives, in Ge?ieral Court assembled, and by the aiUhority of
the same, as follows :
Ruth Castles may take the name of Ruth Cobb ; Henry Suffolk.
Castles may take the name of Charles Henry Cobb ; Thom-
as Coffin Amory may take the name of Thomas C. Amory ;
Sylvia Fellows Mudget may take the name of Sylvia Fel-
lows Thomas ; George B. Kehew may take the name of
George B. Appleton ; Nathaniel Baker may take the name
of Henry Smith Baker ; Albert Callender may take the
name of Charles Albert Callender ; William Sewall Mur-
phy, minor son of widow Sarah L. Pool, may take the name
of William Sewall; Samuel Hutchinson Parkhurst may
take the name of Julius Thorn Parkhurst; George Vincer
may take the name of Edwin Vincer Welch ; Mary Whit-
ten may take the name of Mary Wilbur ; Caroline Maria
Haynes, minor, may take the name of Caroline Maria
Crane; Joseph Joost may take the name of Joseph Joost
184 1846. Chap. 257.
Hewes ; William Gray may take the name of William
Chandler Gray ; Josiah Battes may take the name of Josiah
Winslow Battes ; Stephen Briant Stephenson may take the
name of Briant Stephenson; Lewis Clark may take the
name of George Lewis Clark ; Dolly Miller may take the
name of Eliza May Miller; Henry Foster may take the
name of Henry Haven Foster ; William Cowen Alexander
Gault may take the name of William Gault ; Maria Clout-
man may take the name of Maria Brown; Eliza Daws
Cloutman may take the name of Eliza Daws Brown ; Jo-
seph Henry Towne may take the name of Joseph Hardy
Towne ; Thomas Sawyer may take the name of Oliver
Thomas Sawyer ; John Bottum may take the name of John
Botume, also, John Bottum, Jr., minor son of John Bottum,
may take the name of John Botume, junior ; Elizabeth Hale
Rowell may take the name of Elizabeth Hale, also, that
her minor children, Elizabeth Christiana, Mena Douglas,
Gertrude Corriana, and Howard Augustus, may severally
take the surname of Hale ; Caroline S, Thwing may take
the name of Elizabeth Barnes Thwing ; William Rice may
take the name of William Adams Rice ; Elizabeth Cushing
may take the name of Elizabeth Lane Cushing ; Abby
Tryphenia Knox, adopted daughter of George A. Parish,
may take the name of Abby Tryphenia Parish ; Peter
Pearce Hutchinson may take the name of Pearce Huchins ;
Almira Gilpatrick may take the name of Almira Gill ; Wil-
liam Davenport Irish may take the name of Wilham Daven-
port, also his family, Deborah, Sarah Frances, William,
George Edward, John Henry, Benjamin Franklin, may
severally take the surname of Davenport ; Jesse Ross
Rhodes may take the name of Jesse Rhodes Mayo ; sev-
erally of the city of Boston, all of the county of Suffolk.
Essex. James Hambleton Hill may take the name of Horace
Lane Hill ; Francis Ashton Monarch may take the name of
Francis Monarch Ashton ; Theodore Monarch may take the
name of Theodore Ashton ; Harriot Webb may take the
name of Harriot Northey Webb, severally of the city of Sa-
lem ; George Gordon Murphy may take the name of George
Gordon Mosely ; Lydia Gordon Murphy may take the name
of Lydia Amanda Mosely ; Mary Elizabeth Murphy, mi-
nor, may take the name of Mary Elizabeth Susannah
Mosely; George Francis Murphy, minor, may take the
name of George Francis Mosely ; James Blackey may take
the name of James Blackey Dennison; Edward Newell
Gilson may take the name Edward Sylvanus Newhall ;
Anna G. Shove, minor, may take the name of Anna S. John-
son; Gilbert Boyce, junior, may take the name of Gilbert
Russell Boyce ; Elijah Hedding Alley may take the name
of Freeman Alley, severally of the town of Lynn ; WiUiam
McConnel, of Georgetown, may take the name of William
1846. Chap. 257. 185
Corliss ; Thomas L. Lucy may take the name of George
Hudson ; Elizabeth P. Lucy, (iiis wife) may take the name
of Lucy Hudson ; John W. Lucy, Helen L. Lucy, Martha
J. Lucy and Charles T. Lucy, their minor children, may
take the surname of Hudson ; Samuel Miller Somes may
take the name of Alvan Moroni Monteirth, severally of the
town of Bradford ; Adeline Mears Brown, of Ipswich, may
take the name of Abby Ann Brown; Hipsabeth P. Wiggin,
of the town of Dan vers, may take the name of Elizabeth
P. Wiggin ; William Pousland may take the name of Wil-
liam Pousland Friend ; Nancy Stephens Pousland may take
the name of Nancy Stephens Friend ; William Stephens
Pousland, minor, may take the name of William Stephens
Friend ; James Hill Pousland, minor, may take the name
of James Hill Friend, severally of the town of Beverly.
Polly Smith, of Salisbury, may take the name of Mary
Jane Smith ; Charles Morris Chace, of Newburyport, minor,
may take the name of Edwin Bayley Chace ; Jonathan An-
drew, of Salem, may take the name of John Andrew ; Ben-
jamin Harris Saunders, of Rowley, a minor, may take the
name of Amos Joseph Saunders ; Abigal Pike, a minor,
daughter of True Pike, of Salisbury, may take the name of
Mary Abigal Pike ; Jeremiah Farnham, a minor, of Ando-
ver, may take the name of Charles Farnham, all of the
county of Essex.
Augustus Fitzaubut Richards, of Natick, minor, may Middlesex,
take the name of George Fuller ; John Franklin Nealy, of
Wayland, may take the name of Franklin Foster ; Mary S.
Nealy, of Wayland, may take the name of Mary Foster;
John Ingalls Wiley, of South Reading, minor, may take
the name of Elmer Alonzo Willis ; Henry Mclntire, of Read-
ing, may take the name of Henry Clay ; Elizabeth Jane
Donahoe, of Lowell, minor, may take the name of Lydia
Anna Nealy ; Leander Shelton, of Cambridge, may take
the name Leander Lincoln ; Mary C. Shelton, of Cambridge,
may take . the name of Mary C. Lincoln ; also, Sarah E.
Shelton, John L. Shelton, Martha J. Shelton, Henry C. Shel-
ton, Mary E. R. Shelton, andAngeline C. Shelton, may sev-
erally take the surname of Lincoln ; Roxanna B. Davis, of
Cambridge, may take the name of Ann B. Davis ; James
Western Babcock, of Framingham, may take the name of
James Austin Eliot ; Caroline Lucinda Beck, adopted
daughter of James M. Beal, of Natick, may take the name
of Caroline Lucinda Beal ; Oliver Rice, of Sudbury, may
take the name of Oliver Richard Rice ; James Whiting, of
Charlestown, may take the name of James Henry Whiting;
Comfort Harriet Corson, of Lowell, may take the name of
Hellen Marr Corson; PhilUp Coverly, of Brighton, may
take the name of Edward Marshall Abbott; Frederick Buck-
ingham, minor, of Cambridge, may take the name of Fred-
24
186 1846. Chap. 257.
erick Alexander Buckingham ; George Washington Aiken,
of Watertown, may take the name of Certus Imus Aiken ;
George Fuller, of Newton, may take the name of Charles
Jeremiah Fuller : Eliza Jane Nickerson, minor, adopted
daughter of William and Caroline M. Howe, of Lowell, may
take the name of Eliza Auburn Howe ; Gamaliel Bradford,
of Charlestown, may take the name of Alden Howard Brad-
ford ; Mary Miller, of Holliston, minor, may take the name
of Mary Jones Miller ; Julia Ann Caine, the wife of Henry
Caine, of Woburn, who has taken the surname of Wendall,
may now take the surname of Wendall, also his daughter,
Luella Bell Caine, may take the name of Julia Ann Wen-
dall ; Mary Cornell, of Framingham, may take the name of
Mary Clara Hemmenway; Charles Watkins, adopted son
of William Wight, of Holliston, may take the name of
Charles Winthrop Wight ; Adolphus C. Sebalt, of Lowell,
may take the name of Charles Thompson ; Lydia Richard-
son, of Chelmsford, may take the name of Lydia Richardson
Warren; Anna S. Green, of Holliston, may take the name
of Ann Smith ; Theophilus Bigelow, of Holliston, may take
the name of Richard Bigelow ; George L. Avery, of Mai-
den, may take the name of James Conant Austin ; Guy
Slade Burroughs, of Sudbury, may take the name of George
Burroughs ; Dolly D. Brown, of Stoneham, may take the
name of Mary Davis Brown ; John Aloysius Hanner, of
Somerville, a minor, adopted son of George W. Beck, may
lake the name of John Aloysius Beck ; Daniel Forbes, of
Charlestown, may take the name of Daniel H. Forbes ;
Emily Amelia Winship, a minor, daughter of Jonathan
Winship, of Brighton, may take the name of Amelia Mer-
riam Winship ; Levi Bartlett Thyng, of Lowell, may take
the name of Levi Bartlett Tyng, — all of the county of Mid-
dlesex.
Worcester. Eleazcr Allen Battell, of the town of Worcester, may take
the name of Allen E. Battell ; Lemuel Newton, of Hard-
wick, may take the name of Stephen Eleazer Newton ;
Samuel Allen, of Grafton, may take the name of Samuel
Home Allen ; John Wetherell, Junior, of Oxford, may take
the name of John Wolcott Wetherell ; Mahala Hoit, of Mil-
ford, may take the name of Mahala Hoit Cook; Desire
Goddard, wife of Elisha Goddard, of the town of Princeton,
may take the name of Sarah Desire Goddard; Amanda
Zurriah Stewart, of Upton, may take the name of Amanda
Zurriah Webster ; Eliza Ann Pratt, of Worcester, may take
the name of Eliza Ann Brewer ; David Sylvester Clark, of
Royal ston, minor, may take the name of David Sylvester
Brown ; Harvey Allen, of Princeton, may take the name of
Harvey Wilbur Allen ; Persis Elizabeth Weld, of Charlton,
may take the name of Elizabeth Weld ; Antoinette G. York,
of Upton, may take the name of Jane Maria Walker ;
1846. Chap. 257. 187
Charles Smith Straw, of Worcester, may take the name of
Charles Smith Lee ; John Waldo Lincoln, of Worcester,
counsellor at law, may take the name of Edward Winslow
Lincoln; Algernon S. Crawford, of Barre, may take the
name of Algernon S. Butler ; Julia Sophronia Ruble,
adopted daughter of Simon Hubbard, of Holden, may take
the name of Julia Caroline Hubbard ; Joshua L. Knight, of
Leicester, may take the name of Charles S. Knight, all of
the county of Worcester.
Henry Graves, of Northampton, may take the name of Hampshire.
Henry Graves Moore; Cyrus M. Bartlett, of Worthington,
may take the name of Cyrus M. Parsons ; Sedate Manly
Thayer, of Northampton, may take the name of Manly Se-
date Thayer ; Edward Mclntire, of Springfield, may take
the name of Edward West ; Sarah Burnell, of Northampton,
may take the name of Sarah Burnell Breck ; Medad Rus-
sell Wright, of Easthampton, may take the name of Russell
Medad Wright ; John Smith, of Amherst, may take the
name of Hervey John Smith ; Lewis Joy, of Amherst, may
take the name of Lewis Everet Joy, all of the county of
Hampshire.
Mary Taft, of Springfield, county of Hampden, adopted Hampden,
daughter of Edward M. Joy, may take the name of Lillian
Almeria Joy ; Elizabeth Antoinette Chase, adopted daughter
of Henry R. Vaille, of Springfield, may take the name of
Elizabeth Pitman Vaille ; Alonzo Stearns, of Williamsburg,
may take the name of Alonzo Lysander Stearns, all of the
county of Hampden.
Oliver Death, of Wendell, may take the name of Oliver Franklin.
Davis ; Sally Death, of Wendell, may take the name of
Sally Davis ; also their children, viz : William S., Eliza,
Oliver, Mary E., Benjamin, Royal Francis, Hannah Jane,
Sarah Ann, Eliza Sophronia, may severally take the surname
of Davis ; John Sumner Mudge, of Northfield, may take
the name of John Green Mudge ; Sabra Willis Carlton, of
Buckland, minor, may take the name of Sabra Maranca
Carlton ; William Dwight Monk, of Deerfield, may take the
name of William Dwight; Candace M. Master, of Buck-
land, may take the name of Candace Carr Howard; Daniel
Sweetland, of Bernardston, adopted son of Richard Mon-
tague, may take the name of Daniel Richard Montague ;
Wealthy Minerva Roxana Trask, of Leverett, may take the
name of Wealthy Roxana Cowles ; also her two minor chil-
dren, Sarah Maria, and George Evens, may severally take
the surname of Cowles ; Leander Morton, of Whately, may
take the name of Leander Lincoln Morton, all of the county
of Franklin.
King Williams, of Stockbridge, to take the name of King Berkshire.
Sacket Williams ; Charity Johnson, of Becket, may take
the name of Charity Whitemore, all of the county of Berk-
shire.
188
Norfolk.
1846.-
■Chap. 257.
Bristol,
Plymouth.
Barnstable.
William Leland, of Roxbury, may take the name of
William Sherman Leland ; Edward Gill, of Quincy, may
take the name of Edward Howard Gill ; Lafayette Whit-
ney, of Braintree, may take the name of Lewis Lafayette
Whitney ; Mary T. Fisher, of Franklin, may take the
name of Mary Thurston ; Harlows Whitney, Junior, of
Wrentham, may take the name of Gustavus H. Whitney ;
Augustine Joshua Bryant, of Milton, may take the name of
Augustus Bryant ; Ferdinand Clark, of Roxbury, may take
the name of Ferdinand Nimrod Clark ; Josephine Friedham
Wright, adopted daughter of J. W. Parkhurst, of Dedham,
may take the name of Mary Josephine Parkhurst ; Margaret
Howe Brown, of Dorchester, may take the name of Mar-
garet Howe, — all of the county of Norfolk.
John Wilson, of Fall River, may take the name of John
Yates Wilson ; Jonathan Soule, of Westport, may take
the name of Jonathan P. Soule ; Orin Bassett, of Taun-
ton, may take the name of Orin Larnard Bassett; Sarah
Brown, of Norton, minor, may take the name of Sarah
Hunt ; William Armstrong Dobson, of Taunton, may take
the name of William Armstrong ; Eliphalet Robbins, 2d, of
New Bedford, minor, may take the name of Eliphalet
Howe Robbins ; Mary Maccomber, of Westport, may take
the name of Mary G. Macomber ; Richard F. Marchant, of
New Bedford, may take the name of Richard F. Merchent ;
Oliver Perry Coggshall, of Pawtucket, a minor and adopted
son of David R. Sprague, may take the name of Oliver
Coggshall Sprague, — all of the county of Bristol.
Nathan Chandler McLauthlen, of Kingston, may take
the name of Nathan Chandler ; Elijah Lamb, of Abington,
may take the name of Elijah Gay Morris ; Rosella Ford
Hatch, of Marshfield, minor daughter of David P. Hatch,
may take the name of Mary Dyke Ames Hatch ; Ellis P.
Richards, of North Bridgewater, adopted child of Lyman
Clark, may take the name of William Ellis Clark ; also,
Sarah A. Richards, adopted child of Lyman Clark, may
take the name of Caroline Augusta Clark ; Olive W. Faunce,
of North Bridgewater, may take the name of Ellen Maria
Faunce ; Ebenezer D. Trickey, of Chatham, may take the
name of Ebenezer D. Trakez ; Patience Jane Trickey, his
wife, may take the name of Patience Jane Trakez ; Hester
Ann R. Trickey, a minor daughter, may take the name of
Hester Ann R. Trakez ; Charles Henry Hall, of Marsh-
field, may take the name of Charles Henry Austin, — all of
the county of Plymouth.
Ruthy Chase, wife of Lysander Chase, of Yarmouth,
may take the name of Ruth Chase ; Jonathan Franch
Whorf, of Provincetown, may take the name of Charles
Francis Whorf; Polly Bassett Fairfield, of Yarmouth, may
take the name of Mary Bassett Fairfield ; Tabitha Atwood,
I
1846. Chap. 257—258. 189
of Brewster, may take the name of Abby Atwood ; Mar-
shall Underwood, of Dennis, may take the name of Mar-
shall Sears Underwood ; Mary Helan Wixson, of Dennis,
minor, may take the name of Susan Helan Wixson ; Joseph
Baker, a minor, of Dennis, may take the name of Joseph
Kelly Baker, — all of the county of Barnstable.
Moses Starbuck, a minor son of widow Mary Ann Star- Nantucket,
buck, of Nantucket, may take the name of Albert Wilson
Starbuck, county of Nantucket, — and the several persons
before named, 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. [Apj^roved by the Governor^ April 16, 1846.]
An Act ia relation to the Winchendon Rail-road Corporation. ChciJ)'25S.
BE it e?iacted by the Senate and House of Representa-
tives^ in General Court assembled^ arid by the authority of
the same, as follows :
Section 1. An act entitled " An Act to establish the Road may be
Winchendon Rail-road Corporation," passed on the thir- S^*'^ediaSry
teenth day of March, in the year one thousand eight hun- through Wm-
dred and forty-five, is so far amended, that the said Win- «=hendon, &c.
chendon Rail-road Corporation is hereby authorized and
empowered immediately to locate, construct, and extend
their rail-road through the town of Winchendon, to some
convenient point on the Vermont and Massachusetts Rail-
road, in the town of Ashburnham, northerly of the termina-
tion of the steep, continuous, equal grade, at the summit, in
said town, or to any convenient point below in said Ash-
burnham, Gardner, or Westminster, northerly of Whitmans-
ville, at or near the point, from which said last mentioned
road may diverge from its present direction, or to which it
may be relinquished, as provided in the next following sec-
tion, with liberty, at said point, to enter with their rail-road
upon said last named rail-road, and to use the same agree-
ably to the provisions of the laws of the Commonwealth
relating thereto ; and, for the purposes aforesaid, the said
Winchendon Rail-road Corporation shall have all the pow-
ers and privileges, and be subject to all the duties, liabilities
and restrictions, consistent therewith, contained in their act
of incorporation aforesaid.
Section 2. If the said Vermont and Massachusetts Rail- May enter upon
road Corporation shall elect to relinquish, to the use of the cons^mTioTof
Winchendon Rail-road Corporation, that portion of their pan of Ver-
road now in progress of construction, and being in Ashburn- ^chure"tu^^aTi-
ham, Gardner and Westminster northerly of Whitmansville, road.
and of their point of divergence, or any continuous northerly Provided, &c.
part of said portion, which shall terminate at a point, con-
venient for the junction of the two roads, and shall give
190
1846.-
-Chap. 268—259.
And shall pay
expenses, &.c.,
with interest.
When to take
effect.
notice thereof to either of the grantees named in the charter
of said Winchendon Rail-road Corporation, in writing, on
or before the first day of July next, and shall continue the
work thereon until said notice shall be given, the last-men-
tioned corporation shall then have the right to enter thereon
and complete the construction thereof, and, whether they
are the same or not, shall, within sixty days after the said
Vermont and Massachusetts Rail-road Corporation shall
have exhibited to them a true and just account of the ex-
penditures hereinafter named, pay to them whatever sum
or sums they shall have expended in locating and grading
the part relinquished, and in obtaining the right of way,
from Winchendon Village to the point of junction, so far as
the said Winchendon Rail-road Corporation shall be bene-
fited thereby, with interest thereon from the date of such
expenditure.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 16, 1846.]
Chap 259.
May take the
name of the
Fall River Rail-
road Company.
Ratification of
the doings of
the several cor-
porations in re-
lation to the
union.
Fall River Rail-
road Company
to extend, &c.,
a road.
Location.
Time for loca-
tion and com-
pletion of road.
An Act to change the Name of the United Corporation of the Middleborough
Rail-road Corporation with the Fall River Branch Rail-road Company, and
the Randolph and Bridgewater Rail-road Corporation, 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 :
Section 1. The United Corporation of the Middlebo-
rough Rail-road Corporation with the Fall River Branch
Rail-road Company and the Randolph and Bridgewater
Rail-road Corporation, may take the name of the Fall River
Rail-road Company, and be hereafter known by said last
mentioned name.
Section 2. The acts and doings of the said United Cor-
poration, and of each of the several corporations conposing
the same, in whatever relates to the union thereof, are here-
by confirmed and rendered valid and effectual.
Section 3. The said Fall River Rail-road Company is
hereby authorized to extend, construct and maintain a rail-
road from a point at or near its depot, in Fall River, in a
southwesterly direction, and westerly of the house of Wil-
liam R. Robeson, to the line of the State of Rhode Island ;
and for that purpose shall have all the powers and privi-
leges, and be subject to all the duties, liabilities and restric-
tions, contained 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
public statutes which have been or may be passed relating
to such corporations : provided, that if the location of said
extension shall not be filed according to law, within two
years, or if the same shall not be completed within four
years from the passage of this act, this section shall be void.
1846. Chap. 259—261. 191
Section 4. The sixth section of the act incorporating Right to enter
the Fall River Branch Rail- road Company, approved on the ford'a^ t'^h-
fourteenth day of March, in the year one thousand eight ton Road to
hundred and forty-four, is hereby repealed, from and after eompie^ion'^of
the time when the road of the said Fall River Rail-road road, &c.
Company shall be completed and go into operation, from
Braintree to the point of crossing the track of the New Bed-
ford and Taunton Rail-road.
Section 5. The time allowed for filing the location of Time for filing
that portion of the road of the aforesaid united corporation '°5^^'°" of part
which was authorized by the Middleborough Rail-road Cor- ed to\)ecein- "
poration, is hereby extended until the first day of December ^^^ ^' ^^^•
next, [Approved by the Governor^ April 16, 1846.]
An Act establishing the Salaries of the Justices of the Court of Common nr r\r>f\
Pleas. Lhajp 260.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The chief justice of the court of common Annual salary
pleas, shall receive an annual salary of twenty-one hundred °o'^be'»*^'"oo'^^
dollars, and each of the other justices of said court shall and ofjustices
receive an annual salary of eighteen hundred dollars; and .^isooeach.
the said salaries shall be paid in quarterly payments out of
the treasury of the Commonwealth, and in the same propor-
tion for any part of a quarter.
Section 2. This act shall take effect from and after the When to take
first day of April, in the year one thousand eight hundred ^'^^*^*-
and forty-six. {Approved by the Governor, April 16, 1846.]
An Act to establish the Watertown Branch Rail-road. Phnrt 9R1
BE it enacted by the Senate and House of Representa-
lives, in General Court asscTnbled, and by the authority of
the same, as follows :
Section 1. Charles Bemis, Benjamin Dana, Josiah Stick- Persons incor-
ney, their associates and successors, are hereby made a P"""^^^^-
corporation, by the name of the Watertown Branch Rail-
road Company, with all the powers and privileges, and
subject to all the duties, habilities, and restrictions, set forth
in the forty-fourth chapter of the Revised Statutes, and in
that part of the thirty-ninth chapter of said statutes relating
to rail-road corporations, and in all other general laws which
have been, or shall be, subsequently passed, relative to rail-
road corporations.
Section 2. Said company is hereby empowered to locate, Location of
construct, and maintain, with one or more tracks, a branch '■"^d-
rail-road, commencing in Watertown, at a point near the
Bemis factory, and not west thereof, and thence running on
the northerly side of Charles River, through or near the
village of Watertown, to some convenient point of junction
192
1846..
■Chap. 261.
Capital stock
not to exceed
;g 120,000, in
shares of g 100.
Time for loca-
tion and com-
pletion of road.
May enter upon
and use the
Fresh Pond
Branch Rail-
road.
The Legislature
may authorize
its use by any
other company.
The Legislature
may reduce
tolls and profits
after 5 years ;
Provided, &.c.
The Fitchburg
Rail-road Com-
pany may ac-
cept this charter
within the year,
and construct
the road, &c.,
and increase its
capital by
^120,000.
Road must
pass under
principal high-
ways near Mt.
Auburn.
■with the Fresh Pond Branch of the Charlestown Branch
Rail-road, on the easterly side of Fresh Pond, in Cambridge.
Section 3. The capital stock of said corporation shall
consist of not more than twelve hundred shares, the num-
ber of which shall, from time to time, be determined by the
directors of said company. And no assessment shall be
laid thereon of a greater amount, in the whole, than one
hundred dollars on each share ; and said company may
invest and hold such part thereof in real and personal
estate, as may be necessary and convenient for the purposes
of their incorporation.
Section 4. If the location of said rail-road shall not be
filed within one year, and said rail-road be not constructed
within two years from the passage of this act, then the
same shall be void.
Section 5. Said company is hereby authorized to enter
upon, and unite their rail-road, by proper turnouts and
switches, with the said Fresh Pond Branch Rail-road, and
use the same or any part thereof.
Section 6. The Legislature may authorize any company.
to enter with another rail-road upon and use the said Water-
town Branch Rail-road, or any part thereof, by complying
with such reasonable rules and regulations, as the said
Watertown Branch Rail-road Company may prescribe, or
as may be determined according to the provisions of law.
Section 7. The Legislature may, after the expiration of
five years, from the time when the said Watertown Branch
Rail-road shall be opened for use, from time to time, alter
and reduce the rate of toll or profits upon said road ; but
said toll shall not be so reduced, without the consent of
said company, as to produce, with said profits, less than
ten per cent, per annum, upon the investment of said com-
pany.
Section 8. The Fitchburg Rail-road Company may, by
a vote of the stockholders specially convened for that pur-
pose, within the current year, elect to accept the charter
hereby granted, and, in that case, may locate, construct, and
maintain said branch rail-road, and succeed to hold and
enjoy all the franchise, rights, and privileges hereby con-
ferred, and be subject to all the duties, restrictions and lia-
bilities hereby imposed, and may increase their capital stock
to the extent hereby authorized ; and, upon such election,
the rights of the corporators first named shall cease and
determine.
Section 9. The rail-road hereby authorized to be con-
structed shall pass under all the principal highways which
it crosses in the vicinity of Mount Auburn. [Approved by
the Governor^ April 16, 1846.]
1846. Chap. 262. 193
Aa Act ia addition to "An Act to incorporate the Vermont and Massachusetts QJiap 262.
Rail-road Corporation." "
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same^ as follows :
Section 1. The location of the Vermont and Massachu- Time for loca-
setts Rail-road may be filed at any time within one year pie"ionif7o"d.
from and after the termination of the present session of this
Legislature ; and said company shall be allowed the same
time for completing all sections of their rail-road, above and
westerly of the point of junction with the Winchendon
Rail-road, as they now have for completing that part which
lies west of Baldwinsville ; and all forfeitures to which
said company may be subject, under prior acts in relation
to said company, by omitting to file their location, or to
complete any portion of their rail-road west of said point
of junction with said Winchendon Rail-road, in any shorter
time, are hereby remitted. But in case said location shall
not be filed, and said rail-road completed within the time
limited by this act, the charter of said company shall be
void.
Section 2. Said company shall, within six months from choice of loca-
and after the termination of the present session of this Le- {{i°"s'ame^&I
gislature, elect whether their main road is to pass from
Montague through Northfield, or from Montague through
Greenfield and Bernardston, and shall file within said six
months, a certificate of such election with the county com-
missioners for the county of Franklin, which filing shall be
binding upon said company, as to the final location of their
main road, unless such election be desired by the Con-
necticut River Rail-road Company, and such desire be so
certified by them to the county commissioners for the county
of Franklin, and to the Vermont and Massachusetts Rail-
road Company.
Section 3. Said company, in locating and constructing Route may be
that portion of their rail-road, which shall be between the ^^°P'*'' C""" ^ .
point of junction aforesaid and South Royalston, are hereby dWer^ngfutm'
empowered to adopt a route diverging from their present ^h*' of ^'^^•'''ar-
chartered line, in manner following, viz : commencing at
some convenient point in Westminster, westwardly of Whit-
man's village, or in Gardner or Ashburnham ; and thence
running through the town of Gardner to the valley of the
Otter River ; and thence by such line as shall be found most
feasible, through Templeton to a point in their chartered
line, between Gibson's Mill and the village of South Royal-
ston.
Section 4. The said company, in relation to the new Rights, &c., in
line of their rail-road hereby authorized, shall enioy all the '^'^'T 1° °.t^
■ 1 T • 1 11 1 • nil- road, to be the
rights, powers and privileges, and be subject to all the duties, same as under
25 the charter.
194 1846. Chap. 262—263.
restrictions, liabilities and reservations set forth in their
original charter.
Branch roads SECTION 5. In casc Said Company shall elect to locate
maybe built, ^^^^ construct their main road through the towns of Green-
Provided, &,c. ggj^j ^{^(j Bernardston, as named in their charter, they are
hereby authorized to build a branch road for the accommo-
dation of the town of Northfield, diverging from the main
trunk at some convenient point between Grout's Tavern in
Montague and the Vermont line ; thence running in the best
direction to some point in the town of Northfield, east of
Connecticut River. And in case said company shall locate
and build their main road through Northfield, as named in
their charter, they are hereby authorized to construct a
branch road, commencing at some convenient ponit near
said Grout's Tavern, and thence running across the Connec-
ticut River, near the mouth of Deerfield River, and uniting
with the Connecticut River Rail-road, in the town of Deer-
field, near the Deerfield River, or any where between said
Deerfield River and the village of Greenfield.
Branch road SECTION 6. The Vermont and Massachusetts Rail-road
connec^t &c' '° Company and the Connecticut River Rail-road Company,
or either of them, in case they shall agree thereto, and on
such terms and in such a manner as they shall agree, may
connect their roads by a branch rail-road, extending from
some point on the Vermont and Massachusetts Rail-road, in
Montague, to the Connecticut River Rail-road, in that part
of Deerfield known as South Deerfield, crossing the Con-
necticut River by a bridge, at the point which they shall
find most convenient for such purpose ; and in the location
and construction of such branch, shall be subject to the
general provisions of this act, as far as they are applicable
Provided, 6i,c. to the Same : provided, however, that if such connection is
formed, then the power granted by this act to the Vermont
and Massachusetts Rail-road Company to build a branch
road from some point near Grout's Tavern, in Montague, to
the Connecticut River Rail-road, at or near Deerfield River
or Greenfield, shall be void. \Apjproved by the Governor^
April 16, 1846.]
ChciD^GS "^^ "^^^ authorizing the Nashua and Lowell Rail-road Corporation to surren-
-t * der a portion of the Middlesex Turnpike.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Charter of part SECTION 1. The Nashua and Lowell Rail-road Corpora-
may bTsurren- *^o^ "^^y surrender the charter of that part of the Middlesex
dered. Tumpikc belonging to thern, which lies within the bounds
of the towns of Tyngsboro' and Chelmsford, in the county
of Middlesex, and the said Middlesex Turnpike Corporation,
created by an act passed on the fifteenth day of June, in the
1846. Chap. 263—265. 195
year one thousand eight hundred and five, is dissolved, and ^°[pS'°°
the surrender of the charter aforesaid is accepted, in confor-
mity to the petition of the Nashua and LoweU Rail-road
Corporation to that effect.
Section 2. This act shall take effect and be in force on when to take
and after the first day of July next, and on said first day of effect.
July next, all said turnpike road of said corporation, except-
ing so much thereof as was allowed by the county commis-
sioners, of the county of Middlesex, to be taken by the said
Nashua and Lowell Rail-road Corporation, as part of the
location for their rail-road, and which is now used by them,
and excepting so much of said turnpike, as shall then have
been laid out and established as a town or county road, shall
be discontinued, and the said Nashua and Lowell Rail-road
Corporation are hereby forever discharged from all liability
to keep said turnpike, as such, in repair. [Approved by the
Governor, April 16, 1S46.]
Aa Act establishing the Salaries of the District Attorneys for the Middle and Qfidj) 264.
Western Districts of this Commonwealth. "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
From and after the first day of April, in the year one Annual salaries
thousand eight hundred and forty-six, the district attorneys after A^n^T*^^
of the middle and western districts of this Commonwealth, 1846.
shall each receive a salary of eight hundred dollars a year:
to be paid to them, severally, out of the treasury of the Com-
monwealth, in equal quarterly payments, in full for all
services rendered by them in their respective ofiices. [Ap-
proved by the Governor, April 16, 1846.]
An Act authorizing the Connecticut River Rail-road Company to extend their (^hnn 265
BE it enacted by the Senate and House of Representa-
tives, in General Court assemhled, and by the authority of
the same, as follows :
Section 1. The Connecticut River Rail-road Company Road to be ex-
may extend, construct, and open for use, their road from its Jendedmcer-
present terminus, in the town of Greenfield, to any point on
the north line of the State, west of the Connecticut River, in
either of the towns of Bernardston or Northfield ; and, in
the location and construction of said road, shall have all the
powers and privileges, and be subject to all the duties, lia-
bilities and provisions, contained in that part of the thirty-
ninth chapter of the Revised Statutes which relate to rail-
road corporations, and in all general laws which are now, or
may be hereafter, in force, relating to rail-road corporations
in this Commonwealth.
196 1846. Chap. 265—266.
Mav connect SECTION 2. Said Corporation may, at Said State line, con-
rncorpoJaied%- "ect their rail-road with the rail-road of any company or
the State of ' companies wiiich are. or may be, incorporated and estab-
Vermont, &c. ^j^i^j^^^ |jy ^he State of Vermont: or they may connect their
road Avith the rail-road of the Vermont and Massachnsetts
Rail-road Company, at any convenient point between the
said State line and the point where the rail-road of said last
named company may cross the Coimecticnt River ; and the
said Coimecticnt River Rail-road Company may, at such
point of connection, enter upon and use the rail-road of the
said Vermont and Massachusetts Rail-road Company, sub-
ject to the provisions of law. in such cases made and pro-
vided.
Capital stock SECTION 3. Said Connecticut River Rail-road Corpora-
b'v^noi'nioT*^'^ ^^*^^^ ^^® hereby authorized to increase their capital stock, by
tiian 5,000 an auiouut not exceeding five hundred thousand dollars, by
^acif* ^''^ ^^^ creating an additional number of shares, not exceeding five
thousand shares of one hundred dollars each.
Time for loca- SECTION 4. If the said company shall fail to file the lo-
tion and com- cj^tioQ of their road with the county commissioners for the
pletion ot road. ,_,,,. ... -' ,, i ,- i
county ot Franklin, within two years irom, and alter, the
termination of the present session of this Legislature, or fail
to complete and open for use their road within three years
from, and after, the termination of the present session of
this Legislature, or, if the Vermont and Massachusetts Rail-
road Company shall take possession of the line of road des-
cribed in this act, by virtue of the provisions of their charter,
or of any act or acts in addition thereto, that have been, or
may he, passed by this Legislature, at their present session,
then this act shall be void.
When to take SECTION 5. This act shall take effect from and after its
^^<^'- passage. [Approved by the Gover7ioi\ April 16, 1S46.]
Chap 266.
An Act concerning Warrants in cases of Bastardy.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the sa?ne. as foUoics :
Warrants issued SECTION 1. The provisions of the third section of the one
^^c^mavbe«l l^""^^"^^ aiid thirty-fifth chapter of the Revised Statutes,
ecuted i^y offi- shall cxteud to warrants issued by any police court, or by
cers out of their iustice of the pcace, within this Commonwealth, in
county. - J , _ , i , ' ,, , 1 1 ■ 1 J
pursuance ot law, tor the maintenance ol bastard children.
Repeal of in- SECTION 2. All acts or parts of acts inconsistent with the
vislonr"' ^^°' provisions of this act. are hereby repealed. [Approved by
the Govertior, April 16, 1S46.]
1846. Chap. 267—269. 197
An Act to incorporate the West Acton and Boxborough Steam Mill Company. QfiQj) 267.
BE it enacted by the Senate and House of Represerita-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. James Mace, Silas Davis, Robert Chaffin, Persons incor-
their associates and successors, are hereby made a corpo- poi'ated,
ration, by the name of the West Acton and Boxborough
Steam Mill Company, for the purpose of erecting a steam to erect a steam
mill in the town of Acton, county of Middlesex, for sawing mill, &c., in Ac-
lumber, grinding grain and plaster, planing boards, making ^'*""
sashes, blinds and doors, and for manufacture of wood, cot-
ton and wool ; with all the powers and privileges, and sub-
ject to all the duties, restrictions and liabilities, set forth in
the thirty- eighth and forty-fourth chapters of the Revised
Statutes.
Section 2. Said corporation may hold real and personal Estate not to ex-
estate, necessary and convenient for the purposes aforesaid, '^^^^ ^50,ooo.
not exceeding in amount fifty thousand dollars. [Approved
by the Governor, Ap7il 16, 1846.]
An Act to establish the Salary of the Register of Probate for the County of nhnn'^f^R
Suifolk. K^uapMjo,
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The register of probate, for the county of Annual salary
Suffolk, shall receive an annual salary of two thousand ^ ^s , w.
dollars, payable quarterly, instead of the salary which he
now receives.
Section 2. This act shall take effect from and after the When to take
first day of April, in the year one thousand eight hundred '^'^®*^'-
and forty-six. \Apjjroved by the Governor, April 16, 1846.]
An Act to incorporate the Framingham Branch Rail-road Company. ChttJ) 269.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Rufus Brewer, John Wenzell, Benjamin Persons incor-
Wheeler, Horace Heard, Isaac Fiske, their associates and p*""^'^^-
successors, are hereby made a corporation, by the name of
the Framingham Branch Rail-road Company, with all the
powers and privileges, and subject to all the duties, liabili-
ties and restrictions contained in the forty-fourth chapter of
the Revised Statutes, and in that part of the thirty-ninth
chapter of said statutes, which relates to rail-road corpora-
tions, and in all general laws which are now or may be
hereafter in force, relating to rail-road corporations in this
Commonwealth.
Section 2. The capital stock of said company shall not capital stock
exceed two thousand shares, the number of which shall be ""^^ '° exceed
198
1846.-
-Chap. 269—270.
$200,000, in
shares of $100.
Location of
road.
Time for loca-
tion and com-
pletion of road.
May enter upon
and use tlie
Fitchburg Rail-
road.
The Legislature
may, from time
to time, reduce
tolls or profits.
Provided, &c.
The Legislature
may authorize
its use by any
other company.
When to take
effect.
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 said
company may purchase and hold such real and personal
estate as may be necessary for the purposes of their incor-
poration.
Section 3. The said company may locate, construct and
maintain a rail-road, with one or more tracks, beginning at
a point convenient for the accommodation of the public, in
or near to the Centre Village, in Framingham, thence passing
easterly near Saxonville Village, in said town, crossing the
southerly part of the town of Sudbury, thence near to the
Centre Villages of the towns of Wayland and Weston, to a
point most convenient for entering upon the Fitchburg Rail-
road, in the said town of Weston.
Section 4. If the said company be not organized, and
the location of their said road filed, according to law, within
one year, and if said road be not completed and opened for
use within two years from the passage of this act, then this
act shall be void.
Section 5. Said company may enter with their rail-road
upon the Fitchburg Rail-road, at the most convenient point
in the town of Weston, and use the same or any part
thereof according to the provisions of law.
Section 6. The Legislature may, from time to time, alter
or reduce the rate of tolls or other profits on said road, but
said tolls and other profits shall not, without the consent of
said company, be so reduced as to produce less than ten per
cent, per annum on the investment of said company.
Section 7. The Legislature may authorize any other
rail-road company to enter with their rail-road, at any point
on the said Framingham Branch Rail-road, and use the
same or any part thereof, by complying with such reason-
able rules and regulations as the said Framingham Branch
Company may prescribe, or as may be determined accord-
ing to the provisions of law.
Section 8. This act shall take effect from and after its
passage. [Approved by the Governor, April 16, 1846.]
Chap 270.
Persons incor-
porated,
to manufacture
copper in Sa-
lem.
An Act to incorporate the Ontonagon Copper Company.
BE it enacted by the Senate and Honse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Amory Hoi brook, Richard N. Berry, Alfred
A. Abbott, their associates and successors, are hereby made
a corporation, by the name of the Ontonagon Copper Com-
pany, for the purpose of manufacturing copper in the city of
Salem, county of Essex, with all the powers and privileges,
and subject to all the duties, restrictions and liabilities, set
1846. Chap. 270—271. 199
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Section 2. Said corporation may, for the purpose afore- Real estate not
said, hold real estate not exceeding in value one hundred *" ^q'^^qq ^^^
thousand dollars, and the whole capital stock shall not ex- capital stock
ceed three hundred thousand dollars. [Ap2)7'oved by the $300,(m.
Governor, Apiil 16, 1846.]
An Act relating to Rail-roads. ChdJ) 271.
BE it enacted hy the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Every rail-road corporation which may here- Rail-roads must
after construct a rail-road across any turnpike, highway or &c^^on|^d^ffer-
town way, shall construct it so as to cross over or under the ent level, &c.
turnpike, highway or town way. And if the rail-road shall
be constructed to cross over the turnpike, highway or town
way, a sufficient space shall be left under the rail-road con-
veniently to accommodate the travel upon the turnpike,
highway or town way. And such rail-road corporation
shall build, keep up and maintain in good repair, such
bridges, with suitable and convenient approaches thereto,
as may be required to accommodate the travel upon the
turnpike, highway or town way, over such crossing, except
such as are provided for in the second section.
Section 2. The county commissioners of the county in But county
which such crossing is situated, upon the application of the commissioners
rail-road corporation, or of the proprietors of the turnpike, uon|^ iv'i'^, 'and
or of the selectmen of the town, or of the mayor and alder- notice, .vc,
men of the city in which the crossing is situated, after due ran"^roads'to
notice to the rail -road corporation, the proprietors of the cross on the
turnpike and such selectmen, or mayor and aldermen, not ^^""^ ^^^ '
being themselves the applicants, and to any other persons
or parties, as they may direct, and after hearing the parties,
may authorize and require the rail-road corporation to con-
struct their rail-road, at such crossing, upon a level with
the turnpike, highway or town way, in such manner as
they may direct; and, if they shall consider it necessary,
may require the rail-road corporation to erect and maijitain
a gate across the rail-road at such crossing, and to provide
an agent to open and close the same, as is provided in the
eightieth section of the thirty-ninth chapter of the Revised
Statutes. And the rail-road corporation shall pay the cost Payment of
of every such application, excepting in cases where the cation"^ ^^^''"
county commissioners shall deny the application of the pro-
prietors of a turnpike, or the selectmen of any town, or the
mayor and aldermen of any city.
Section 3. Every rail-road corporation shall erect and Raij-road com-
maintain suitable fences, with convenient bars, gates, or erTcrfences,
openings therein, at such places as may reasonably be re- &c.
200 1 846 Chap. 27 1 .
quired, upon both sides of the entire length of any rail-road
which they may hereafter construct, except at the crossings
of any turnpike, highway, or other way, or in places where
the convenient use of the rail-road would be obstructed
thereby. And shall also construct and maintain sufficient
barriers, at such places as may be necessary, where it is
practicable to do so, to prevent the entrance of cattle upon
the rail-road.
Penalty for SECTION 4. Any rail-road corporation which shall unrea-
negiect. sonably neglect to comply with any of the provisions of this
act, shall, for each and every such neglect, forfeit a sum
not exceeding two hundred dollars, for every month during
which such neglect shall have continued. [Approved by the
Governor, April 16, 1846.]
RESOLVES
PASSED BY THE
ItejEfiSlature of ^assacijusetts*
Resolve on the Petition of William C. Read. Chctt) 1 .
Resolved, for reasons set forth in said petition, that there
be paid to WiUiam C. Read, oat of the treasury of the Com- Annual aiiow-
monwealth, the sum of seventy-five dollars per annum, for anceof g75for
two years, and that the governor draw his warrant therefor ^^^'y*^''^-
accordingly. [Approved by the Governor, Jan. 28, 1846.]
Resolve to pay Sundry Miscellaneous Accounts omitted last year. ChoV* 2.
Resolved, That there be allowed and paid to the several
persons mentioned in the accompanying roll, the sums set Allowance of
against their names respectively, amounting in the whole to P^s 45.
two hundred and twenty-eight dollars and forty-five 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, Jan. 28, 1846.]
Resolve authorizing the Adjutant General to convey certain Lands. ChttX) 3
Resolved, That the adjutant general be, and he is hereby
authorized to sell and convey, by deed or otherwise, the gun Adjutant Gen-
house and land on which it stands, in the town of Monson, erai to sell land
and the land on which a gun house lately stood in the town bMonson^and
of Barre, and to account with the treasurer of the Common- 'and in Ba'rre,
wealth for the net proceeds of such sales. [Approved by the ^'^'
Governor, Jan. 28, 1846.]
Resolve on the Petition of Frederick Wm. Paine. /-^i t
Resolved, for reasons set forth in said petition, that the "*
said Frederick Wm. Paine, trustee under a deed from Henry
Paine and Charles Paine to him, dated the fourth day of deed fromVe'n-
January, in the year of our Lord one thousand eight hun- ry and Charles
dred and forty-one, or his successor in said trust, be, and he Kd to^'seirreai
hereby is, authorized to sell, at public or private sale, and esute, &c.,
26
202
1846..
-Chap. 4, 5, 6, 7.
convey all that real estate held by him in trust under said
deed, and to make and execute good and sufficient deeds
thereof in fee simple, discharged of said trust, and to hold,
invest, and dispose of the proceeds to the same uses and
upon the same trusts that are provided in said deed, in re-
Provided, &LC. gard to Said real estate: provided, the said trustee shall first
give bonds, with good and sufficient sureties, to the judge
of probate for the county of Worcester, so to hold, invest,
and dispose of said proceeds. [Approved by the Governor,
Feb. 2, 1846.]
Chap. 5.
Executor and
trustee under
the will of Na-
thaniel Paine
authorized to
sell real estate,
&c.
Provided, &c.
Resolve on the Petition of Charles Paine.
Resolved, for reasons set forth in said petition, that the
said Charles Paine, surviving executor and trustee under
the will of Nathaniel Paine, deceased, or his successor in
said trust, be, and he hereby is, authorized to sell, at public
or private sale, and convey all that real estate held by him
in trust under said will, and to make and execute good and
sufficient deeds thereof in fee simple, discharged of said
trust, and to hold, invest, and dispose of the proceeds to the
same uses, and upon the same trusts, that are provided in
said will in regard to said real estate : provided, that the
said trustee shall first give bonds to the judge of probate for
the county of Worcester, with good and sufficient sureties,
so to hold, invest, and dispose of said proceeds. [Approved
by the Governor, Feb. 2, 1846.]
Resolve on the Petition of William Kidder.
Resolved, for reasons set forth in said petition, that there
Annual allow- be paid to William Kidder, out of the treasury of the Com-
iTrp!."J^£«^ ^°^ monwealth, fifty dollars a year, for three years, and that
the governor draw his warrant therefor accordingly. [Ajj-
proved by the Governor, Feb. 2, 1846.]
Chap. 6.
three years.
Chap. 7.
Trustee under
the will of Ziba
Crosby author'
Resolve on the Petition of Zabdiel B. Adams, Trustee.
Resolved, for reasons set forth in the petition, that Zabdiel
B. Adams, as trustee under the will of the late Ziba Crosby,
of the city of Boston, stabler, be, and he hereby is, fully
ized to sell real authorized and empowered to make sale of and convey to,
foif&c" ^°" Hugh R. Kendall, of Brookline, Esquire, in fee simple, that
portion of the real estate, with the buildings thereon, situate
on Batterymarch street, in Boston aforesaid, which is now
held by the said Adams, or which he may be entitled to hold
in possession, remainder, or reversion, in his capacity of
trustee as aforesaid, at, and for the price or consideration of
one thousand nine hundred and twelve dollars ; and upon
the receipt of said consideration, to execute, acknowledge,
and deliver to said Kendall such deed or deeds as shall be
requisite or proper to pass the title to said Kendall, who may
thereafter hold the same free, and discharged of and from
1846. Chap. 7, 8, 9. 203
the trusts declared concerning the same in and by the said
will, and the said Adams shall stand possessed of and
chargeable with the purchase money and the interest there-
of under said will, upon the same trusts, and for the same
purposes for which said real estate, or the right thereto, was
held by him at the time of the conveyance thereof, to the
said Kendall under this resolve : provided, however, that pre- Provided^ &c.
vious to making such conveyance, the said Adams shall
give bond, with sufficient sureties, to the judge of probate
for the county of Suffolk, to hold, apply, and account for
the purchase money or consideration received for such con-
veyance, and the interest thereof, in accordance with the
said will and the trusts therein declared concerning the trust
estate created thereby. [Apjjroved by the Governor, Feb.
3, 1846.]
Resolve upon the Petition of Patrick Farrell. ChOV. 8.
Resolved, for reasons set forth in said petition, that a full
and indefeasible title in fee simple be, and hereby is, con- Title to land in
firmed unto Patrick Farrell, of Worcester, in the county of Worcester con-
Worcester, formerly an alien, but now a naturalized citizen ™^
of the United States, in and unto a certain lot of land, situ-
ated in said Worcester, on the north side of Pine street,
bounded and described as follows: beginning at a stake Boundaries of
on the north side of said street, thence running nearly due ^^'<^i^^-
north one hundred and eighty-four feet and six inches to a
stake, then turning and running westerly forty-nine feet
and eight inches to a stake, then turning and running
southerly two hundred feet and three inches to a stake at
the north side of said street ; then turning and running east-
erly on the north side of said street fifty-four feet to the
point of beginning. Said lot is number two, on a plan of
the premises, dated April thirteenth, eighteen hundred and
forty-four, made by Charles H. Hill, and is the same con-
veyed to said Farrell by Lucy P. Hastings, by her deed,
dated the nineteenth day of April, A. D. 1844, to hold to
the said Farrell, his heirs, and assigns, forever, free from
any liability of forfeiture or escheat to the Commonwealth,
by reason of the former alienage of the said Farrell, and as
fully as if he had been a citizen of the United States when
the same was conveyed to him as aforesaid. [Approved by
the Governor, Feb. 3. 1846.]
Resolve in favor of the Hampden County Agricultural Society. PhflT) 9
Resolved, for reasons set forth in the petition of the Hamp-
den County Agricultural Society, that there be paid out of g^^^j ^^ ,^g
the treasury of the Commonwealth to the treasurer of said paid,
society, the sum to which it would have been entitled, had
the certificate of its funds been seasonably filed in the office
of the secretary of the Commonwealth ; and the governor is
204
1846.-
-Chap. 9, 10, 11, 12, 13, 14.
requested to draw his warrant accordingly. [Approved by
the Governor, Feb. 7, 1846.]
Chap. 10. Kesolve on the Petition of Jesse Chickering.
Resolved, for reasons set forth in the petition, that there
Allowance of be paid out of the treasury of the Commonwealth, to Jesse
£rvices 'in'sec- Chickeriug, One hundred and twenty-five dollars and forty-
retary's office. One ccuts, in fuU for all services rendered by him in the pre-
paration and completion of the statistics of births, marriages
and deaths, and that the governor draw his warrant there-
for accordingly. [App)oved by the Governor, Feb. 12, 1846.]
Chap.U.
Additional ap-
propriation of
;g300 for the
expenses of the
agent in Paris>
Chap. 12.
Land agent to
sell lands in
Maine.
Provided, &c.
Chap. 13.
Allowance of
$50 annually
during petition-
er's life, to be
paid, &c.
Chap. 14.
Allowance of
$Z'2. 78 for ap-
prehension
of a fugitive.
Resolve relating to the Vattemare Literary Exchanges.
Resolved, That a sum not exceeding three hundred dol-
lars, in addition to the balance which may remain of the
appropriation of the twenty-seventh day of February, in the
year one thousand eight hundred and forty-five, is hereby
appropriated to defray the expenses incurred by the agent
of this Commonwealth residing in the city of Paris, in the
kingdom of France, on account of literary and scientific ex-
changes with the said Commonwealth ; and the governor
is hereby authorized to draw his warrant accordingly. [Ap-
proved by the Governor, Feb. 12, 1846.]
Resolve relating to the sale of Public Lands.
Resolved, That the land agent be hereby empowered to
sell several townships or tracts of land belonging to this
Commonwealth, and situate in the State of Maine, on such
terms as he may deem expedient, and to make good and
sufficient deeds of the same : provided, however, that the ag-
gregate sales authorized by this resolve, shall not exceed six
townships. [Appioved by the Governor, Feb. 12, 1846.]
Resolve on the Petition of Rebecca Davis, of Milton, in the County of Nor
folk.
Resolved, for reasons set forth in said petition, that there
be allowed and paid out of the treasury of the Common-
wealth, for the use of Rebecca Davis, of Milton, in said
county, the sum of fifty dollars per annum, during her nat-
ural life, said sum to be paid annually, on or after the first
day of March, to the guardian of the Punkapoag Indians,
for the time being, to be by him applied to the sole benefit
of the petitioner, and that the governor draw his warrant
therefor accordingly. [Apjjroved by the Governor, Feb. 12,
1846.]
Resolve on the Petition of Ansel "Wright, of Northampton.
Resolved, for reasons set forth in the petition, that there
be allowed and paid out of the treasury of the Common-
wealth, to Ansel Wright, of Northampton, thirty-two dol-
1846. Chap. 14, 15, 16, 17, 18, 19. 205
lars and seventy-eight cents, in full reimbursement for his
expenses, in pursuing and arresting one Edward R. Smith
on an indictment for forgery ; and that the governor draw
his warrant therefor accordingly. {Approved by the Gov-
ernor, Feb. 12, 1846.]
Resolve relating to the Transmission of certain Documents. KjIIujJ.
Resolved, That the secretary of the Commonwealth be
authorized and directed to forward, free of charge, one copy ^^rwald'^^ocu-
of all documents published in his office, to the editor of each ments to editors
newspaper in the Commonwealth. {Apjjroved by the Gov- free of charge.
€7-7ior, Feb. 14, 1846.]
Resolve on the Accounts of the Land Agent. CnCip. 1 D.
Resolved, That George W. Coffin, land agent of the Com-
monwealth, be, and he hereby is, discharged from the pay- Land Agent
ment of the sum of one hundred and twenty-nine thousand obngatmn fo7"
nine hundred and fifty-two dollars and forty-seven cents, 512I.952 47,
the receipt of which is acknowledged in his account with fa'^dTales'in
the Commonwealth for sales of land and timber during the 1845.
year one thousand eight hundred and forty-five. [Approved
by the Governor, Feb. 14, 1846.]
Resolve on the Petition of William P. Baker. Chap. 17.
Resolved, for reasons set forth in said petition, that there
be paid out of the treasury of the Commonwealth, to William Allowance of
P. Baker, nineteen dollars and forty-five cents, in full for 8\9 43 for pur-
services and expenses in the pursuit of David Woods, a fu- jj"g ° * "^'*
gitive from justice, and that the governor draw his warrant
therefor accordingly. [Approved by the Govertior, Feb. 14,
1846.]
Resolve on the Petition of Martin Wheelock. ChaV. 1 8.
Resolved, for reasons set forth in the said petition, that there
be allowed and paid out of the treasury of the Common- Allowance of
wealth, to Martin Wheelock, of Gardner, in the county of gso a year for
Worcester, the sum of thirty dollars a year, for the term of from Cisth,
three years, from the twelfth day of June, in the year one 1845.
thousand eight hundred and forty-five, should he live so
long, and that warrants be drawn therefor accordingly.
[Aj^proved by the Governor, Feb. 14, 1846.]
Resolve on the Petition of John B. Kirkham. ChoV. 19.
Resolved, for reasons set forth in said petition, that there
be paid out of the treasury of the Commonwealth, to John B. Allowance of
Kirkham, seven dollars, in full for services and expenses, as g7 to coroner,
coroner, in attending to the burial of the dead body of Tim- a°foreigu'er."* **
otliy Hearney, a foreigner. [Approved by, the Governor,
Feb. 14, 1846.]
206
1846. Chap. 20, 21, 22, 23.
Chap. 20.
Warden author-
ized to pay to
the inspectors
from the treas-
ury of the pris-
on ^100 to be
expended in
books.
Disposal and
distribution of
books.
Chap. 21,
Ratification of
sale by admin-
istrator.
Resolves concerning.the Library in the State Prison.
Resolved, That the warden of the state prison is hereby
authorized to pay to the inspectors of said prison, from the
treasury thereof, the sum of one hundred dollars, to be by
them expended in purchasing books for the use of the con-
victs in said prison.
Resolved, That the books hereby authorized to be pur-
chased, be added to the hbrary attached to the prison, and
be distributed among the convicts, in such manner, and un-
der such regulations as the inspectors may, from time to
time, direct. [App?'oved by the Governor, Feb. 17, 1846.]
Resolve on the Petition of John L. Roberts, Administrator, and John Pickens.
Resolved, for reasons set forth in said petition, that the
deed made to John Pickens by John L. Roberts, administra-
tor of the estate of Richard S. Roberts, late of the city of
Boston, deceased, dated on the tenth day of June, eighteen
hundred and forty-three, and recorded with Suffolk deeds,
lib. 503, folio 19, by which said administrator conveyed or
intended to convey to the said Pickens, in fee simple, certain
real estate on Fruit street, in said Boston, described in the
deed aforesaid, and as set forth in said petition, is hereby
ratified and made legal ; and the sale, conveyance, and title,
thereby intended to be made and conferred, are hereby con-
firmed as fully and effectually to the said John Pickens, and
all claiming or to claim under him, as if the said administrator
had been lawfully and explicitly empowered to sell and con-
vey the same : and the said John L. Roberts, administrator
of Richard S. Roberts, is hereby authorized and empowered
to make, execute, and deliver such a new deed of convey-
ance, in fee simple, as shall confirm the title of the said John
Pickens, and all claiming or to claim under him, in the par-
cel of real estate above mentioned and described, in consid-
eration of the purchase money already paid therefor. [Ap-
proved by the Governor, Feb. 17, 1846.]
Resolves relating to the State Prison.
Resolved, That the inspectors and warden of the state
prison, are hereby authorized to cause to be erected in the
prison yard, a small building with suitable apparatus for
bathing.
Resolved, That the sum of two hundred and fifty dollars
be appropriated from the funds of the prison, for carrying
the forei^oing resolve into effect. [Approved by the Governor,
Feb. U] 1846.]
Chap. 23. Resolve on the Petition of Benjamin Stevens, Sergeant-at-Arms.
Resolved, That the sum of four hundred and ninety- three
Additional ap- dollars hv appropriated for re-arranging the seats in the rep-
^493'*for"e*^ar- resentativ.es' chamber, the same being in addition to the sum
Authority to
make new deed,
Chap. 22.
Authority to
erect a building
for bathing.
Appropriation
of ^250.
1846. Chap. 23, 24, 25, 26. 207
of five hundred dollars, appropriated for that purpose, byre- ranging seats
solves passed March twenty-second, in the year one thousand tives' chamber,
eight hundred and forty-five. And the accounts therefor shall Auditing of
be audited and paid agreeably to the provisions of the act
of March eighteenth, in the year one thousand eight hun-
dred and forty-one, entitled, "An Act relating to the State
House." [Approved by the Governor, Feb. 17, 1846.]
Resolve on the Petition of John K. Going, Jr. ChttV* 24.
Resolved, for reasons set forth in said petition, that John
K. Going, Jr., of Shirley, in the county of Middlesex, trustee Trustee under
under the will of Almond Morse, late of said Shirley, de- will of Almond
ceased, or his successor in said trust, be, and he hereby is, izedWseii real
authorized to sell and convey, in such manner, on such estate,
terms, and for such prices as he shall deem expedient, at
public or private sale, in fee simple, the following described
parcels of real estate, to wit : two pews in the First Parish .
Meeting-house in Shirley ; also, a tract of wood and pasture
land in the northerly part of said Shirley, containing about
ten acres ; also, the homestead of said deceased, consisting
of a dwelling-house, store, and other buildings, and about
four acres of land in the northerly part of said Shirley, and
about five acres of land situated in the easterly part of Lu-
nenburg, in the county of Worcester. And the proceeds of Proceeds to be
the sale of said estate shall be held by the said Going, or ^g^^gj"^"'
his successor in said trust, for the same intents and pur- '
poses, and upon the same trusts as said estate itself would
have been held, had it not been sold and conveyed under
the authority of this resolve, and be invested, from time to
time, upon good security, for the benefit of parties interested :
provided, however, that previously to such sale, said trustee Provided, &c.
shall give bonds to the satisfaction of the judge of probate
for the time being, for the county of Middlesex, for his acts
and doings in the premises, and to account for, and dispose
of, the proceeds of the sale of said estate agreeably to the
provisions of said trust. [Approved by the Governor, Feb.
19, 1846.]
Resolve on the Petition of Joseph Wilhs. Chctp. '25.
Resolved, for reasons set forth in the petition, that there
be paid out of the treasury of the Commonwealth, to Joseph Allowance of
Willis, fifty dollars, in consideration of his services as a tSaryse7vic'e"s'
soldier in the war of the revolution, and that the governor
draw his warrant therefor accordingly. [AjJproved by the
Governor, Feb. 24, 1846.]
Resolve on the Petition of Eleazer Kellogg. ChttV' 26.
Resolved, for reasons set forth in said petition, that Ele-
azer Kellogg, of Amherst, in the county of Hampshire, Administratorof
administrator on the estate of William Field, late of Lev- estate of Wm.
208 1846. Chap. 26, 27.
Field author- erett, in the county of Franklin, deceased, be, and hereby is,
'Itate" ^^" ^^^^ authorized to convey, in fee simple, by a good and sufficient
deed, to Elijah P. Ward, of said Leverett, in consideration
of the sum of four hundred dollars paid to the said William
Field in his life time, a certain tract of land, bounded and
described as follows, to wit: beginning at a stake, and
stones on the east line of the highway leading from said Lev-
erett to Amherst ; thence running south 41° 45' east, seventy-
two rods and five links, to a stake and stones ; thence east
30' south, fifty-nine and a half rods, to a stake and stones ;
thence north 9° 30' west, thirty-four rods and seventeen
links, to a white ash tree ; thence west fifty-nine rods, to a
stake and stones ; thence north 38° 31' west, fifty-three rods
and twelve links, to the above named highway; thence
southwardly on said highway, twenty-two rods and five
links, to the first mentioned corner, containing twenty acres ;
and the said Eleazer Kellogg is hereby authorized to con-
vey, as aforesaid, to Richard Hobart, of said Leverett, by a
good and sufficient deed, in consideration of three hundred
dollars paid to the said William Field, as aforesaid, a certain
other tract of land, bounded and described as follows, to
wit : beginning at the northeast corner of land belonging to
Frederick Field ; running thence north 64° west, forty-six
rods on said Field's land, to a stake and stones; thence
south 6° 30' east, seventy-nine rods, on lands of Sylvanus
Field and Silas Ball, to a stake and stones ; thence south
52° 41' east, thirty-five rods, on land of Sylvanus Field, to
a stake and stones; thence north 11° 45' east, forty-five
rods, on his own land, to a stake and stones ; thence north
35° 15' east, ten rods and seventeen links, to a stake and
stones; thence north 11° 30' east, nine rods and seventeen
links, to a stake and stones ; thence north 64° west, fifteen
rods and eleven links, to a stake and stones ; thence north
13°, eleven rods and one link, to the first mentioned corner,
containing twenty acres. [Approved by the Governor, Feb.
24, 1846.]
nh 97 Resolve authorizing the Governor to retain Counsel in behalf of the Com-
LyfKip. Zl > monwealth, in a certain Action now pending in the Supreme Court of the
United' States.
Whereas, there is now pending in the supreme court of
The Governor the United States, at Washington, a certain action, in which
in council Jamcs Norris is plaintifi", and the city of Boston is defendant,
an^([fixthecom- in error, in which it appears, by a communication addressed
pensation of, ^y \\^q mayor of Bostou to the governor of the Common-
casrof Jame^s Wealth, that the Commonwealth is alone interested, therefore,
Norris w. the Resolved, That his excellency the governor, by and
city of Boston. ^^-^^ ^j^^ advicc of his council, is hereby authorized to re-
tain counsel in said action, and to fix the compensation of
said counsel, and draw his warrant on the treasury for the
same. [Approved by the Governor, Feb. 25, 1846.]
1846. Chap. 28, 29, 30. 209
Resolve on the Petition of David Ellis. ' ChttJ). 28.
Resolved, for reasons set forth in said petition, that Rufus
Elhs, treasurer of the corporation called the "Newton Fac- Treasurer of the
tories," created June fourteenth, in the year one thousand " Newton Fac-
eight hundred and. twenty-three, be, and hereby is, au- ized lo conv°ey
thorized and empowered to convey to David Ellis, of New- property to pe-
ton, county of Middlesex, in fee simple, the whole, or any ^'°°®''*
part of the real estate or personal property, belonging to
said corporation, and to execute and deliver any deed or
deeds which may be necessary to pass a complete and per-
fect title thereto : jjrovided, however, that no such convey- Provided, &c.
ance shall affect the rights of any creditor of said corpora-
tion. [Approved by the Governor, Feb. 25, 1846.]
Resolve in addition to a "Resolve authorizing the Governor to procure certain r^hnn OQ
Documents." O/lOp. ^^,
Resolved, That during the progress of the copies now
making, of historical papers, in the public offices ojf France, co^p^es^n the "^
by authority of the resolve of 1845, chapter 3, the governor, French offices,
Avith the advice and consent of the council, be authorized to gress^of the'^*'"
draw warrants on the treasury for such portions, as may be same,
deemed expedient, of the sum of one thousand dollars ap-
propriated by said resolve. [Approved by the Governor^
Feb. 28, 1846.]
Chap. 30.
Resolve concerning Magazine Street in Cambridge.
Resolved, That the adjutant general be authorized to pay
to the inhabitants of the town of Cambridge the sum of Adjutant ren-
three hundred dollars, from unappropriated funds in his erai authorized
possession, belonging to the Commonwealth, when in con- JhJ'fowf ^oT ^°
sideration of such payment he shall receive from said in- Cambridge, in
habitants an obligation or covenant to the Commonwealth, fa"in''^out'*&.c^
to be approved by the attorney of the Commonwealth, in a road. ' '
the county of Suffolk, binding said inhabitants to cause all '
that part of Magazine Street, in the town of Cambridge,
which lies between Main Street and the hill, a short dis-
tance beyond the Tufts estate, and of the width of forty
feet, to be laid out and accepted according to law, as a town
way, for the public use and travel for all the citizens of the
Commonwealth, and to put the same into good repair and
condition ; and, at all times hereafter, keep and maintain, in
good order and condition, the same way at the expense of
said town, and at all times hereafter to save harmless, and
indemnify the Commonwealth of and from all expense, costs,
and charges, for keeping said part of Magazine Street in
repair and good condition. [Approved by the Governor, Feb.
28, 1846.]
27
210
1846. Chap. 31, 32, 33, 34.
Chap. 31.
Governor au-
thorized to ap-
point commis-
sioners to re-
lease the Com-
monwealth's
title to land in
Washington
and Lenox, to
petitioner.
Resolve on the Petition of George Caswell.
Resolved, for reasons set forth in said petition, that his
excellency the governor be, and hereby is, authorized and
requested to appoint one or more commissioners, with power
to sell and release to George Caswell, of the town of Wash-
ington, his heirs and assigns, for such a sum as the said
commissioner or commissioners shall deem proper, all the right
and title which this Commonwealth has in and to a certain
tract of land, situate in said Washington, and in the town
of Lenox, containing about one hundred acres, and bounded
as follows : on the east by lot number twenty-five, on the
north by the first division lots, on the west by land of Mar-
shall Sears, and on the north by land in the possession of
Cyrus Gaylord. [Appi^oved by the Governor, Feb. 28, 1846.]
Chap. 32.
Land agent to
release Com-
monwealth's
title to land in
Maine to peti-_
tioner.
Chap. 33.
Land agent to
re-sell certain
lands.
That the land agent be authorized and directed
Resolve in favor of John L. Roberts.
Resolved,
to release to John L. Roberts, of Boston, his heirs and as-
signs, all the right and title which this Commonwealth has
in and to township number two of the third range of town-
ships, belonging to this Commonwealth, in the county of
Franklin, in the State of Maine. [Approved by the Gov-
ernor, Feb. 28, 1846.]
Resolve authorizing the Land Agent to sell Lands in certain cases.
Resolved, That the land agent be authorized and directed
to make a further sale of lands, heretofore sold by this Com-
monwealth, in those cases where notes taken for the said
lands were due in the year one thousand eight hundred and
Provided, &c. forty, or before that year, and remain unpaid : provided,
that the land agent shall first give notice to the delinquent
purchasers of the said lands, either by writing, where the
parties are known, or by publication, made once a month
for three months, in one or more of the public newspapers,
in each of the States of Maine and Massachusetts, of the
passage of this resolve, and that the said delinquent pur-
chasers shall fail to pay their said notes to the treasurer of
this Commonwealth, on or before the first day of March, in
the year one thousand eight hundred and forty-seven ; in
which case the said treasurer is directed to cancel or deliver
up the said notes to the makers thereof {Ajjproved by the
Governor, March 2, 1846.]
Chap. 34.
Adjutant gen-
eral to cause
inscription to
be placed on
field pieces to
be used by pe-
titioners.
Resolve on the Petition of the Concord Artillery Company.
Resolved, for reasons set forth in said petition, that the
adjutant general be hereby authorized to cause the following
inscription to be placed on the field pieces hereafter to be
used by that company, to wit : — " The Legislature of Mas-
sachusetts consecrate the names of Major John Buttrick and
Captain Isaac Davis, whose valor and example excited their
1846. Chap. 34, 35, 36, 37, 38. 211
fellow citizens to a successful resistance of a superior num-
ber of British troops, at Concord bridge, the 19th of April,
A. D. 1775, which was the beginning of a contest in arms,
that ended in American independence ;" and that he be au-
thorized to defray the expenses of the same, out of any unap-
propriated funds that he may hold in his hands. [Approved
by the Governor^ March 2, 1846.]
Resolve concerning certain Records of the Commonwealth. diQ/O, 35.
Resolved^ That the governor be authorized to take such
measures, as he may deem expedient, to restore to the ar- The Governor
chives of this Commonwealth, in the originals or copies, totakemea-
such portions of the records of the executive council, or of deficiencies m'^
any other branch of the government of the colony and the archives of
proviu'^e of Massachusetts Bay, as may be now missing, and weaUh"""°°"
that he be authorized, by and with the advice of the council,
to draw his warrants on the treasury to defray the expense
thereof. [Approved by the Governor^ March 2, 1846.]
Resolve on the Petition of John W. Lincoln. CflClJ}. 36,
Resolved, for reasons set forth in the petition, that there
be paid out of the treasury of the Commonwealth to John Allowance of
W. Lincoln, sheriff of Worcester, thirty dollars, in full for $30, for removal
all charges and expenses attending the removal of Orrin from'worcester
DeWolf and John Roach, from the jail in Worcester to the jail to the state
state prison in Charlestown, and that the governor draw p"*""-
his warrant therefor accordingly. [Approved by the Gov-
ernor, March 2, 1846.]
Resolve on the Petition of Samuel C. Allen. Chttlf 37.
Resolved, for reasons set forth in said petition, that there
be allowed and paid out of the treasury of the Common- Allowance of
wealth, to Samuel C. Allen, the sum of ninety dollars, in S90, for ser-
full compensation for his time and expenses in attending on '^^^^l settlement
the governor and council, to procure a settlement of the of accounts, fee.
accounts of the commissioners, appointed under the resolve
passed in the year one thousand eight hundred and forty-
three, chapter eighty, "to locate grants and determine the
extent of possessory claims under the treaty with Great
Britain ;" and that the governor draw his warrant therefor
accordingly. [Approved by the Governor, March 3, 1846.]
Resolve on the Petition of William Gordon, Coroner. ChcLV 38.
Resolved, for reasons set forth in the petition, that there
be paid, out of the treasury of the Commonwealth, to Wil- Allowance of
liam Gordon, coroner, thirty-two dollars and sixteen cents, g32i6forau
in full for all expenses and charges, attending an inquest [nquesf upon a
upon the body of Margaret Loring, a foreigner, and that foreigner,
the governor draw his warrant therefor accordingly. [Ap-
proved by the Governor, March 3, 1846.]
212 1846. Chap. 39, 40, 41.
Chut). S^ Resolve on the Petition of Richard Sullivan.
Resolved^ for reasons set forth in said petition, that
John L. Suiii- John Langdon Sulhvan be, and he hereby is authorized to
van authorized make and pass to the children and grand children of Sarah,
to real esTate' To formerly the wife of the said Richard Sullivan, now de-
chiidrenand ceascd, and to her and their assigns, deeds of confirmation
ofwife*^ofpea" ^^ them respectively, of certain lands set off and assigned to
tioner. the Said Sarah Sullivan as part of the estate of her father
Thomas Russell, deceased, by partition, in the year one
thousand eight hundred and ten, which lands consist of three
undivided quarter parts of a tract or pasture, containing
thirty-four acres and upwards, in Somerville, described in a
deed from David Wood and others to Tliomas Russell, dated
the fifteenth day of February in the year one thousand sev-
en hundred and ninety-eight, and a lot of land situated in
Charlestown and described in a deed from Thomas Welsh
to Thomas Russell, dated the twenty-first day of May, in
the year one thousand seven hundred and ninety-five. [-4/?-
proved by the Governor^ March 7, 1846.]
Chat) 40. Resolve upon the Petition of Edward Tuckerman and others, trustees.
Resolved^ for reasons set forth in said petition, that Ed-
Trustees under Ward Tuckerman, Thomas P. Gushing, William D. Sohier
will of Edward and Charles G. Loring, trustees under the will of the late
thorizlTto'seu' Ed Ward Tuckerman, of the city of Boston, Esq., deceased,
messuage and be, and they hereby are fully authorized and empowered to
ham* '" ^^^^' make sale of and convey the messuage and farm situate in
Needham, mentioned in said petition, to Mrs. Sally, relict of
Joshua Blake, late of Boston aforesaid, merchant, deceased,
at and for the price or consideration of fifty-five hundred
dollars, and upon receipt of said consideration to execute,
acknowledge and deliver to the said Sally, such conveyance
or conveyances, as shall be requisite or proper to pass the
whole title and estate therein, of which the said Edward
Tuckerman died, seized and possessed to the said Sally
Blake, who may thereafter hold the said messuage and land
in fee simple, free and discharged of, and from any and every
the trusts declared concerning the same, in or by the said
Provided, &c. will of the Said Tuckerman : provided, however, that the
said trustees shall, previous to making such sale or convey-
ance, give bond to the judge of probate for the county of
Suffolk, to apply the proceeds thereof conformably with the
trusts declared concerning the said real estate in or by the
said will of said testator. [Approved by the Governor,
March 7, 1846. J
ChCLt). 41. Resolve on the Petition of William T. Eustis, Guardian of Mary I. Homer.
Resolved, for the reasons set forth in said petition, that Wil-
Guardian au- li^m T. Eustis, guardian of Mary I. Homer be, and he hereby
thorized to sell is authorized and empowered to sell, at public or private sale,
minor's interest
1846. Chap. 41. 213
all said minor's interest, being one undivided fifth part, sub- m land in South
ject to a widow's right of dower, in the following parcels Plymouth.
of land, or either of them, or any part thereof, to wit : A
lot of land on Broadway, in that part of the city of Boston
called South Boston, which was conveyed by Josiah Dun-
ham to George J. Homer, by his deed dated October IStli,
1843, and recorded in Suflblk Registry of Deeds, liber 511,
folio 242. A certain other lot of land on Fourth and O
streets, in said South Boston, which was conveyed to said
George J. Homer by Charles Breck and Edmund J. Baker,
executors of Caleb Hobart, by their deed dated April 1st,
1845, and recorded in said registry, liber 542, folio 293, and
is more fully described in said deed. A certain other lot of
land, with the buildings thereon, on Fifth street, in said
South Boston, which was conveyed to said George J. Homer
by Ithamar Miller, by his deed dated February 25th, 1824,
and recorded in said registry, liber 288, folio 289, and is
more fully described in said deed. A certain other lot of
land on P and Second streets in said South Boston, contain-
ing 18,750 square feet, which was conveyed to said George
J. Homer by Samuel Blake, by his deed dated August 2d,
1843, and recorded in said registry, liber 505, folio 297, and
is more fully described in said deed. Two certain other lots
of land on First and P streets, in said South Boston, which
were conveyed to said George J. Homer by Adam Bent, by
deed dated May 13, 1835, and recorded in said registry, liber
391, folio 187, and are more fully described in said deed.
One certain other lot of land, in said South Boston, which
was conveyed to said George J. Homer by said Bent, by
deed dated January 30, 1826, and recorded in said registry,
hber 307, folio 205, and by deed dated May 30, 1835, and
recorded in said registry, liber 391, foho, 188, and is more
fully described in said deeds. Also the two certain lots of
land, and the wharves, flats and other premises in said South
Boston, which were conveyed to said George J. Homer by
William F. Homer, by deed dated June 30, 1832, and re-
corded in said registry, liber 361, folio 260, and are more
fully described in said deed. Also those three certain lots of
land in said South Boston, which were conveyed to said
George J. Homer by Eleazer Homer, by deed dated October
20, 1828, and recorded in said registry, liber 331, folio 220,
and are more fully described in said deed. Also, the lots of
land, with the buildings thereon, situated in Plymouth, in
the county of Plymouth, and Commonwealth of Massachu-
setts, aforesaid, which were conveyed to said George J. Ho-
mer by James Baxter and Mary Baxter, by their deed dated
October 24, 1843, and recorded in the Plymouth county
registry of deeds, book 212, folio 50. And that the deed of
said guardian, executed and delivered under this resolve, for
and in behalf of his said ward, shall convey unto the pur-
214 1846. Chap. 41,42, 43, 44, 45.
chaser or purchasers, all her right, title, and interest, in and
unto the said real estate or any part thereof, as effectually,
as if she, being of full age, had personally, in due form of
Provided, &,c. Jaw, made a proper conveyance thereof: piovided., however^
that, before making said conveyance, said guardian shall
give bonds, with sufficient surety or sureties, to the judge of
probate for the county of Suffolk, in sufficient penalty, to ac-
count to said minor for his acts in the premises, and the price
to be received for said land, with the accumulating interest.
[Approved by the Governor, March, 7, 1846,]
L/llCtp. ^jZ. Resolves relating to Fort Kent, on Fish River, in the State of Maine.
Resolved, That the unsettled state of the northeastern
''t'^Fon Ken7^*^ frontier of the United States requires that the protection
heretofore insured to the settlers, and to the property of this
Commonwealth in that quarter, by the presence of a military
force, should be continued.
Governor to Resolved, That the governor be requested to transmit a
{^"x'^'utive'^ copy of these resolves to the executive department of the
department, United States, and also to solicit that a small body of troops
^'^- may be again stationed at Fort Kent.
And to forward Resolved, That the governor be requested to forward a
or of M^iir™' *^opy of the aforegoing resolutions to the governor of the state
of Maine. [Approved by the Governor, March 10, 1846.]
L/il(tp» 4o. Resolve in favor of the Bristol County Agricultural Society.
Resolved, for reasons set forth in the petition of George
Hounty to be Randall and others, in behalf of the Bristol County Agricul-
''^* * tural Society, that there be paid out of the treasury of the
Commonwealth to the treasurer of said society, the sum to
which it would have been entitled, had the society made its
return to the secretary of State according, to the provisions
of an act passed on the seventh day of March, in the year
one thousand eight hundred and forty -five : and the gov-
ernor is requested to draw his warrant accordingly. [Ap-
proved by the Governor, March 10, 1846.]
Chap. 44. Resolve on the Petition of S. G. Shipley and others.
M or and ai Rcsolved, for reasous stated in the said petition, that the
demen o"f Bos- mayor and aldermen of Boston be authorized to take, for the
ton authorized ^gg Qf ^]^^^ ^^^j^ ^ lithographic imprcssiou from the map of
p°res^sion^from' the rail-roads of this Commonwealth, published by the Le-
the rail-road gislature. [Approved by the Governor, March 10, 1846.]
Chap, 45. Resolve authorizing the Treasurer to borrow Money in anticipation of the
Revenue.
Treasurer to Rcsolved, That the treasurer of this Commonwealth be,
borrow and re- and he hereby is, authorized to borrow, in anticipation of
gay money, ^j^^ receipts of the present year, of any of the banks of this
Commonwealth, or of any corporation therein, or of any
1846. Chap. 45, 46, 47. 215
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
expiration of fifteen days after 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 other-
wise appropriated, shall be received into the treasury : pro- The whole sum
vided, howeve?', that the Avhole amount borrowed by an- borrowed not to
thority hereof and remaining unpaid, shall not, at any time, at aTy tmT.'*^^^
exceed the sum of two hundred and fifty thousand dollars.
[Ajjproved by the Governor, March 11, 1846,]
Resolve on the Petition of John M. Dearborn and others. ChttT) 46
Resolved, for the reasons set forth in said petition, that
Henry Plympton, of the city of Boston, one of the execu- Executor of the
tors of the will of Benjamin Dearborn, late of said Boston, will of Benja-
Esquire, deceased, be, and he is hereby, authorized, to sell ^uih^fz^d"™
at auction or at private sale, and to convey in fee simple, all sell real estate,
the land and real estate of which said Benjamin died siezed,
situate on Federal Street, and on both sides of Theatre
Alley, in said Boston, or any part or parcels thereof, with
the privileges and appurtenances to the same belonging :
provided, that said Plympton shall first give bond, with Provided, &c.
sufficient sureties to the judge of probate, for the county of
Suffolk ; conditioned to account for the proceeds of such
sale, and to invest the same in some safe manner as the
Boston Dispensary may approve, and apply the income
thereof, according to the trusts contained in said will ; and
at the decease of the parties interested in such income, to
pay the principal sum of said proceeds to the Boston Dis-
pensary, as directed by the testator : and provided, also, that
no sale shall be made without the written consent of all the
petitioners who shall be living at the time of such sale, and
of said Boston Dispensary. [Approved by the Governor,
March 12, 1846.]
Eesolve on the Petition of John L. Sullivan. Chci'P' 4i7.
Resolved, for reasons set forth in said petition, that
Thomas C. Amory, Junior, of Boston, be, and he hereby is, Thomas c.
authorized, to sell, at public or private sale, all the right, Amory, Jr.,
title, and interest of Elizabeth Sulliv^an, wife of the said sell int'er^est of
John L. Sullivan, in and to one undivided quarter part of a wife of peti-
tract of land in Somerville, in the county of Middlesex, in°somervine.
containing thirty-four acres and upwards, described in the
deed of David Wood and others to Thomas Russell, dated
the fifteenth day of February, in the year seventeen hun-
dred and ninety-eight ; and to make and pass a deed, or
deeds, of the same to the purchasers, and invest the pro-
ceeds of such sales on interest for the benefit of the said
Elizabeth Sullivan, and her lawful representatives, accord-
216 1846. Chap. 47, 48, 49, 50.
Provided, &c. ing to their respective interests : provided, that the said
Amory shall first take the oath prescribed to be taken by
executors and administrators, who are licensed to sell real
estate, and shall give bond with surety, to the judge of pro-
bate, for the county of Suffolk, that he will invest the pro-
ceeds in real or personal securities, and pay over the net
income thereof, from time to time, to said John L. Sullivan,
during his life, and at his death pay over the principal to
said Elizabeth Sullivan, or her legal representatives. [Ap-
proved by the Govertior, March 12, 1846.]
ChctJ). 48. Resolve on the Petition of tlie School Committee of the town of Easton.
Resolved, for reasons set forth in the said petition, that
A sum, &c., to there be reserved out of the present years' income of the
be reserved ^ school fund, for the benefit of the town of Easton, a sum
income'onhe ^ equal to wliat that town would have received from the in-
schooi fund and come of the samc, for the last year, if the return of the
paid to Easton. g^j^QQj committee of said town had been allowed ; and that
the sum so reserved, be added to the share, if any, to which
the said town of Easton may be entitled in the present year's
income of the said fund. [Approved by the Govertior, March
12, 1846.]
r^hnn 49 Resolve for the Reception and Safe-keeping of Standards of Weights and
L IVLeasures.
Resolved, That the governor and council are hereby au-
and counciUo'^ tliorized to make such arrangements as they shall deem
make provi- advisable, for the reception and custody of the standard
tion^ami cus-^' balance for the verification of weights and measures, and of
tody of stand- any Standards of weights and measures which this Com-
^d balance, mouwealtli has received, or is, or may be entitled to receive
from the government of the United States, and to give
notice to the superintendent of weights and measures at
Washington, D. C, when the Commonwealth is ready to
Appropriation rcccivc sucli Standards : and that warrants be drawn for
of ^1300. such sum as may be necessary for the above purposes : pro-
vided, that the whole amount shall not exceed the sum of
fifteen hundred dollars. [Approved by the Governor, Majxh
13, 1846.]
C^hnn ^0 Resolves relating to the State Map.
' Resolved, That the secretary of the Commonwealth be
Secretary to authorized to causc the plan of the triangulation of the Corn-
cause the plan moii Wealth to be engraved on the plate of the State map, in the
f'!-^'"^.*'^'u"^'^' place now occupied bv the statistical tables: provided, the
lalion to be en- ^ r • i ^ ■ ■' -, t i t t -t c r^
graved on State cost ot Said engravmg do not exceed one hmidred and nity
^Tvided &c dollars.
Se'cretaryto Rcsolvcd, That the Secretary of the Commonwealth be
procure and directed to procure one hundred copies of the State map, to
^'o Yeso? the* ^® distributed in the following manner, namely : — one copy
map. to every State in the Union ; ten copies to the Superintend-
1846. Chap. 60, 51, 52, 53. 217
ent of the survey; five copies each to the geologist and
astronomer, connected with the survey; and the remain-
ing copies to be distributed, from time to time, among such
hterary and scientific institutions, and to such men of sci-
ence in other states or countries, as he shall deem expedient.
[Approved by the Governor, March 17, 1846.]
Resolve on the Petition of the Selectmen of the Town of Ludlow. ChoV. 51 .
Resolved, for reasons set forth in the petition, that there
be paid out of the treasury of the Commonwealth, to the Allowance of
treasurer of the town of Ludlow, two hundred and twenty- S229 for sup-
nine dollars, in full for the amount due to said town for the upstate pau^"
support of Timothy Haskell, a lunatic State pauper, from per.
the first day of May, in the year one thousand eight hun-
dred and thirty-nine, to the first day of November, in the
year one thousand eight hundred and forty-five, and that
the governor draw his warrant therefor accordingly. [Aj)-
jjroved by the Governor, March 17, 1846.]
Resolve on the Petition of Reuben Bacon. ChflT) 52
Resolved, for reasons set forth in said petition, that Reu-
ben Bacon, of Bedford, county of Middlesex, executor of £,jggmj,r ^f the
the last will and testament of Joshua Page, late of said win of Joshua
Bedford, deceased, be hereby authorized to make and file, ^ei^tofi'i'T'^'
in the probate office for the county of Middlesex, within six affidavit and
months after the passage of this resolve, an affidavit, such "oi'^e, &:c.
as is prescribed in the case of administrators and executors
by the sixteenth section of the seventy-first chapter of the
Revised Statutes, together with a copy of the notice of the
time and place of sale of certain real estate situated in the
town of Bedford, belonging to the estate of said deceased ; ^
said sale having been made by said executor under a license
granted by the court of probate holden at Concord on the
thirteenth day of February, in the year one thousand eight
hundred and forty -four : provided, that the said Reuben Provided, &c.
Bacon shall first give such notice as the judge of probate
for said county shall order, of his intention to file such affi-
davit and copy of notice : and provided that, in the judg-
ment of said judge of probate, no sufficient cause be shown
why the same may not be filed ; and such affidavit and
copy of notice thus filed, shall be as effectual for all pur-
poses as if the same had been filed within the time required
by law. [Apjjroved by the Governor, March 18, 1846.]
Resolve on the Petition of John Coombs, Trustee. ChttV. 3S.
Resolved, for reasons set forth in said petition, that John
Coombs, trustee of Abby Coombs, under the will of the late Trustee under
John B. Titcomb, of Newburyport, county of Essex, be, l"'® J'" o'' J°hn
J 1 1 • \^ ■ 1 1 T n n' ' B. Titcomb, au-
and hereby is, authorized and empowered to sell and con- thorized to sell
vey, in fee simple, for a sum not less than twenty-eight real estate.
28
218 1846. Chap. 53, 54.
hundred dollars, a lot of land, with the house and huildings
thereon, situated in said Newburyport, and described as
follows : commencing on Park street, and running south-
easterly, by land of Daniel Lancaster ; thence southwesterly,
by land of Charles H. Hodge; thence northwesterly, by
land of Rufus Smith, to said Park street ; and thence north-
easterly, by said street, to the bound first mentioned; said
lot of land, containing about twenty rods, and being the
land described in a deed given by Albert Currier to John
Coombs, trustee, and recorded in the registry of deeds, for
the county of Essex, book three hundred and fifty, leaf one
hundred and sixty-seven. And the petitioner, on the re-
ceipt of the sum aforesaid, may execute and deliver to the
purchaser of said land and appurtenances, a deed thereof;
Provided, &c. and Said purchase money shall be held by the said trustee,
upon the same trust, and for the same purposes, as are pre-
scribed in the said will, in relation to so much of the testa-
tor's estate, as is therein devised to said John Coombs, as
trustee of Abby Coombs ; provided, however, that previously
to any sale, the said trustee shall give bonds, with sufficient
sureties, to the judge of probate for the county of Essex,
for the faithful disposition of the proceeds of such sale,
agreeably to the provisions of the will, whereby the said
trust was created. [Ajypjoved by the Governor, March 18,
1846.]
ChftT) 54 Kesolve on the Petition of the Congregational Society, of Tolland.
Resolved, for reasons set forth in their petition, that the
Authorized to Congregational Society, of the town of Tolland, in the
sell land. couiity of Hampden, be, and they hereby are, authorized
and empowered to sell, either at public or private sale, and
by their agent or committee, for that purpose duly author-
ized, to convey by deed, in fee simple, the following tracts
of land, held by them under the will of Perez Marshall,
late of said Tolland, deceased, "for the support of a learned,
pious, and orthodox minister of the gospel," as set forth in
said will, to wit : the farm on which the said Marshall re-
sided, at the time of his decease, bounded, north, on land of
Asher Moore; east, on the road; south, on the county road;
and west, on land of Philo Smith, containing about twenty
acres. Also, one other tract of land, containing about two
and an half acres, and bounded, beginning on the road, at
the southeast corner thereof; thence west, seven and an half
degrees; north, twenty-five and an half rods; thence south,
seven and an half degrees west, fifteen and three fourths
rods ; thence east, seven and a half degrees south, twenty-
five and an half rods, to the road ; thence on the road fifteen
and three fourths rods, to the first bound, the same being
Pi<mded,&,c. kuown as the " Bidwell lot;" provided, that the said so-
ciety shall invest and re-invest the proceeds of such sale, on
1846. Chap. 54, 55, 56. 219
interest, secured by a good and sufficient mortgage of real
estate, and shall, in all respects, hold and apply such pro-
ceeds, and the interest thereof, agreeably to the provisions of
said will, and upon their failure to do so, they shall be liable
at law and in equity, in the same manner they would be for
a like breach of trust in relation to such real estate, had this
resolve never been passed. [Approved by the Governor,
March 18, 1846. J
Resolve on the Petition of James M. Cook. Chdtf. 55.
Resolved, for reasons set forth in said petition, that the
said James M. Cook, executor of the last will and testament Executor of the
of Aaron Cook, late of Lancaster, in the county of Wor- '*v'" of Aaron
cester, deceased, or his successor in said trust, be, and he is, ized to"einand.
hereby authorized to sell and convey, in fee simple, either at
public or private sale, and in such manner as he shall deem
most for the interest of the parties concerned, several tracts
and parcels of land, of which the said Aaron died seized, to
wit : a tract of about twenty-nine acres of wood and pasture
land, situated in the northerly part of said Lancaster ; two
and a half acres of wood land, four acres of wood land,
more or less, five and a quarter acres of wood land, about
nine acres of pasture land, eight acres and one hundred rods
of wood land, and about three acres of meadow land, all in
the northerly part of Harvard, in said county ; and to ex-
ecute good and sufficient deeds therefor to the purchaser or
purchasers : provided, that the said party hereby authorized Provided, &c.
so to sell and convey, shall first give bond, with good and
sufficient sureties, to the judge of probate of said county, to
account for the proceeds of said property, and to invest and '
dispose of the same agreeably to the directions of said will.
[Approved by the Governor, March 18, 1846.]
Resolve relating to the "Worcester County Manual Labor High School. ChttV, 56.
Resolved, that the resolve passed on the twentieth day of
March, in the year one thousand eight hundred and forty- Trustees dis-
five, on the petition of the trustees of the Worcester County charged from
Manual Labor High School, be so construed, as to relieve lo mtilS'se"-
and discharge the said trustees from the duty of causing ten tiement, &c.
families to settle on the half township therein mentioned ;
also from the reservations therein required, and to authorize
said tract to be located under the direction of the land agent
of this Commonwealth, at the expense of the grantees, from
any of the unappropriated townships in the state of Maine,
which have been already surveyed, divided and set off" to
this Commonwealth: provided, however, that the said state Pr<mded,&cz.
of Maine shall assent to the discharge of said half township
from the said reservations ; and provided further, that said
tract be located within two years from the first day of
March, m the year one thousand eight hmidred and forty-
220
1846.
■Chap. 56, 57, 58, 59.
Chap. 57.
six ; and provided^ that all the other conditions of said
resolve are complied with and fulfilled. [Approved by the
Governor^ March 18, 1846.]
Resolve on the Petition of John H. Pillsbury and others.
Resolved, for reasons set forth in said petition, that the
Obligations to land agent be authorized and empowered, to cancel or give
be cancelled by up to John H. Pillsbury, Ebenezer Webster, and James
an agent. Taylor, the obligation signed by them, dated the tenth day
of September, in the year one thousand eight hundred and
thirty-nine ; and also the obligation, signed by Leonard
Jones, dated the ninth day of September, in the year one
thousand eight hundred and thirty-nine, which obligations
Provided, &c. are uow in the land office : p?'ovided, the said Pillsbury,
Webster, and Taylor, shall execute a sufficient assignment
to the Commonwealth, of all claim or claims which they
have, or may have, to any part of what is called the " Dis-
puted Territory Fund." [Approved by the Governor, March
19, 1846.]
Chap, 58.
Governor to
take measures
for settling the
account ot the
disputed terri-
tory fund, &c.
To transmit a
copy hereof to
the state of
Maine.
Chap. 59.
Trustee under
the will of
lipl
Ma
ay to sell
land.
Resolves relating to an Account rendered under the Fifth Article of the
Treaty of Washington.
Resolved, That the governor be authorized and requested,
to take such measures as, in his judgment, the interests of
the Commonwealth shall require, in regard to the account,
rendered by the authorities of the Province of New Bruns-
wick, under the fifth article of the treaty of Washington;
and further, to apply to the proper department of the Fed-
eral Government, for its interposition to procure from the
said authorities, a detailed statement of all monies received
prior to the year one thousand eight hundred and twenty-
nine, into the treasury of the said province or of the crown,
from the sale of, or permits to cut down timber, the product
of the "Disputed Territory."
Resolved, That the governor be requested to transmit a
copy of the aforegoing resolution, to the governor of the
state of Maine. [Approved by the Govertior, March 19,
1846.]
Resolve on the Petition of Samuel E. Sewall.
Resolved, for the reasons set forth in said petition, that
the said Samuel E. Sewall, trustee, under the will of Ephraim
May, for Lois M. Cunningham and her children, be, and he
hereby is, authorized to sell and convey, for the price of not
less than thirty-eight hundred dollars, to Freeman C. Ray-
mond, his heirs and assigns, a certain piece or parcel of
land, situate in Garden Court Street, in the northerly part
of the city of Boston, and numbered three in said street,
bounded and measuring as follows, to wit : commencing in
the centre of a partition wall in said Garden Court Street,
1846. Chap. 59, 60, 61, 62. 221
and running southerly on said street, eighteen feet and
eleven inches ; then turning and running in a westerly di-
rection through the centre of a partition wall and fence of
house and land, now or late of Enoch H. Snelling, there
measuring fifty-five feet and two inches : then turning and
running northerly, partly on land and house, now or late of
John Kitchie, and partly on a passage way six feet wide,
eighteen feet and six inches ; thence turning and running
easterly, through a fence and partition wall of house and
land, now or late of Asa Swallow, fifty-three feet and six
inches, to the point of beginning, together with all the rights
and privileges to the same belonging; the said premises
being subject to a mortgage of two thousand dollars, which
is a part of the price above expressed ; provided^ the said Provided, &c.
Sewall shall first give bonds to the judge of probate for said
county of Sufiblk, with sufficient surety or sureties, that he
will hold and invest, according to law, the balance of pro-
ceeds of said sale, after paying off the said mortgage,
upon the same trusts on which he now holds the said
premises, and will account for said proceeds, according to
law. [Approved by the Governor^ March 19, 1846.]
Resolve on the Petition of the Selectmen of the Town of Stockbridge. CJlCip, 60
Resolved, for reasons set forth in the petition, that there
be paid out of the treasury of the Commonwealth, to the Allowance of
treasurer of the town of Stockbridge, thirty-five dollars and ^^^ ?^ f'"'' T^"
/. Ti ^ . ^ ' T . -^ . ^,. moval of a lu-
two cents, m lull, lor expenses mcurred m removmg Oliver natic state pau-
C. Cottrell, a lunatic state pauper, from said town to the P^*"'
State Lunatic Hospital, and that the governor draw his
warrant therefor accordingly. [Approved by the Governor^
March 23, 1846.]
Resolve on the Petition of David Fairbanks, of Provincetown. i^nCip, ol
Resolved, for reasons set forth in the petition, that there
be paid out of the treasury of the Commonwealth, to David Allowance of
Fairbanks, secretary of the Union Insurance Company, in ^on oV 'penalty.
Provincetown, the sum of one hundred dollars, in full remis-
sion of the penalty incurred by him by failing to make the
return of said insurance company within the time specified,
and that the governor draw his warrant therefor according-
ly. [Approved by the Governor, March 25, 1846.]
Resolve on the Petition of Henry Frink. ChcLT) 62
Resolved, for reasons set forth in the petition, that there
be paid out of the treasury of the Commonwealth, to Henry Allowance of
Frink, forty-seven dollars, in full for all expenses incurred S47forex-
in the pursuit of William Weeks, a fugitive from justice, ^uiTof a"fu^-'
and that the governor draw his warrant therefor according- tive.
ly. [Approved by the Governor, March 25, 1846.]
222
1846. Chap. 63, 64, 65, 66.
Chap. 63.
A sum, &c.^ to
be reserved
from this year's
income of the
school fund, and
paid to Spencer
and Granville.
Resolve ou the Petitions of the Towns of Spencer and Granville.
Resolved, That there be reserved out of the present year's
income of the school fund, for the benefit of the towns of
Spencer and Granville, a sum equal to what those towns
would have received, if they had made in due season the
returns required by law, and that the sums so reserved, be
added to the respective shares, if any, to which the said
towns may be entitled from the income of said fund the pre-
sent year. [Approved by the Governor, March 25, 1846.]
Chap. 64. Resolves concerning the House of Correction in the County of Hampden.
Resolved, That the county commissioners for the county
of Hampden be, and they are hereby authorized, at the ex-
pense of said county, to make provision whenever, in their
opinion, it is expedient, for furnishing suitable books for the
use and benefit of the convicts imprisoned in the house of
correction in said county.
Resolved, That the books which shall be furnished, pur-
suant to the foregoing resolve, be distributed among the con-
victs in such manner, and under such regulations, as the
sheriff of said county may, from time to time, direct. [Ap-
proved by the Governor, March 25, 1846.]
County com-
missioners to
furnish books
to convicts.
Distribution of
books.
Chap.
support of a
lunatic state
pauper.
6k). Resolve on the Petition of the Commissioner and Treasurer of the District of
Marshpee.
Allowance of Rcsolved, for rcasous set forth in the petition, that there be
gioi 73, for the paid out of the treasury of the Commonwealth to the treasurer
of the district of Marshpee, the sum of one hundred and one
dollars and seventy-three cents, in full for the support of Polly
Cetum, a lunatic state pauper, from the first day of Novem-
ber, in the year one thousand eight hundred and forty-one,
to the first day of November, in the year one thousand eight
hundred and forty-five, and that the governor draw his war-
rant therefor accordingly. [Apjwoved by the Governor^
March 25, 1846.]
Chap. 66. Resolve upon the Petition of William W. Newell and Susan Parkman.
Resolved, for reasons set forth in said petition, that the
Guardians au- Said William W. Newell, guardian of Hannah P. Newell,
*m['r*^ ^"^ ^^" ^'^^ Susan Parkman, guardian of Mary Jane Parkman, mi-
reai estTte^in uors, be, and they hereby are severally, authorized and em-
Boston, powered to convey, in fee simple, to William H. Hill, of
Boston, in the county of Suffolk, book-binder, all the respec-
tive interests of said minors, being one undivided fourth part
each, subject to a widow's dower, in and to a certain parcel
of land in said Boston, bounded as follows : beginning on
an alley in the rear of the s-tores numbered thirty and thirty-
two in Market street, now called Cornhill, and running
southerly, nineteen feet six inches to a fence, thence turn-
ing easterly, and running by said fence seven feet, thence
1846. Chap. 66, 67, 68, 69, 70. 223
running northerly, nineteen feet six inches to the alley afore-
said, thence running westerly and bounded on said alley to
the place of beginning, be said measurements more or less,
or however otherwise bounded, and that the deeds of said
guardians, executed and delivered under this resolve, for and
in behalf of their said wards, shall convey unto said Hill, all
their right, title and interest in and to said land as efiectu-
ally as if they, being of full age, have personally in due
form of law, made a proper conveyance thereof [Apj^roved
by the Governor, March 25, 1846.]
Resolve concerning the Quarter Master General's Department. ChdJ). 67.
Resolved, That the sum of three thousand dollars be here-
by appropriated to defray the expenses of the quarter mas- Appropriation
ter general's department for the current year, and that war- of ,S3000.
rants be drawn therefor. [Aj^proved by the Goverrior, March
26, 1846.]
Eesolve concerning the Distribution of the Report on the Criminal Law. ChdJ}. 68.
Resolved, That the secretary be directed to distribute one
copy of the report of the commissioners appointed to codify secretary to
the criminal law, to the governor, one copy to the lieutenant distribute
governor, one copy to each member of the council, senate, *^°P'^^-
and house of representatives, one copy to each of the judges
of the supreme judicial court, and the court of common
pleas, one copy to each of the justices of the several police
courts in the Commonwealth, one copy to each of the prose-
cuting officers of the Commonwealth, and one copy to each
of the said commissioners. [Approved by the Governor,
March 26, 1846.]
Resolve concerning certain Documents sent to Washington. ChcLT) 69
Resolved, That the secretary be authorized to adopt mea-
sures to recover any documents belonging to the archives of secretary to
this Commonwealth, which have been sent to Washington recover papers
for the prosecution of the claims of this Commonwealth for Rhode^il°and
military services, and for the suit respecting the boundary boundary, and
line between Massachusetts and Rhode Island. [Approved mihtary claim.
by the Governor, March 26, 1846.]
Resolve on the Petition of Frederick H. Bradlee and James B. Bradlee, f^hn/n 70
Trustees of Elizabeth P. Van Brunt. Oaap. / U.
Resolved, for reasons set forth in said petition, that Fred-
erick H. Bradlee and James B. Bradlee, of the city of Bos- ^'aTesL'te^r"
ton, trustees of Elizabeth P. Van Brunt, under the will of her Boston,
father, David W. Bradlee, deceased, by appointment of the
judge of probate for the county of Suffolk, be, and they here-
by are authorized and empowered to sell, at public or private
sale, one undivided fourth part of the following estates, viz. :
the estate situate on and near Merchants Row, in the city of
Boston, formerly owned by David Bradlee, and which he ac-
224 1846. Chap. 70.
quired by deed from Thomas Downe Bradlee, of date Decem-
ber 3d, A. D. 1799, recorded with Suffolli deeds, lib. 194, foho
105 ; and the estate situate on and near what was formerly-
called Corn Market, in said city of Boston, formerly owned
by David Bradlee, and which he acquired by deed from
Joseph Jackson and Henry Jackson, recorded with Suffolk
deeds, lib. 179, folio 34, viz. the one undivided fourth part of
said several estates, with the rights, privileges and appurte-
nances thereunto respectively belonging, which was conveyed
to the said Frederick H. Bradlee and James B. Bradlee, as
trustees of Elizabeth P. Van Brunt, in and by the deed of
Josiah Bradlee, of date December 9, A. D. 1844, recorded
with Suffolk deeds, lib. 534, folio 193, and to make and
execute good and sufficient deeds thereof, in fee simple, to
the purchasers ; and, also, for reasons as aforesaid, said
trustees are hereby authorized and empowered to sell, at
public or private sale, one undivided third part of the follow-
ing estates, viz. the estate on and near Washington Place,
in said city of Boston, formerly owned by said David W.
Bradlee, and which he acquired by deed from Lemuel Crack-
bon, of date June 10th, A. D. 1822, recorded with Suffolk
deeds, lib. 277, folio 97, and the estate at and near the corner
of Atkinson and Williams streets, in said city of Boston,
formerly owned by said David W. Bradlee, and which he
acquired by deed from Charles Blanchard, of date March
14th. A. D., 1822, recorded with Suffolk deeds, lib. 275, folio
270; and the estate on and near Pitts street, in said city of
Boston, formerly owned by said David W. Bradlee, and
which he acquired from James Greenwood, by deed, of date
November 5th, A. D. 1817, recorded with Suffolk deeds, lib.
256, folio 284, viz. the undivided third part of said several
e.Uates, with all the rights, privileges and appurtenances
thereunto respectively belonging, which was conveyed to
the said Frederick H. Bradlee and James B. Bradlee, as
trustees of said Elizabeth P. Van Brunt, in and by the
aforesaid deed of Josiah Bradlee, of date December 9th,
A. D. 1844, recorded as aforesaid, with Suffolk deeds lib.
534, folio 193, and to make and execute good and sufficient
Provided, &c. deeds thereof, in fee simple, to the purchasers : provided, that
the trustees shall first give bond to the judge of probate for
the county of Suffolk, with surety or sureties satisfactory to
said judge of probate, that they will faithfully execute the
powers hereby granted to them, and also execute the trust
in regard to each and all of the proceeds of said sales herein
authorized, agreeably to the directions contained in the will
of the said David W. Bradlee. [Appioved by the Governor,
March 26, 1846.]
1846. Chap. 71, 72, 73, 74, 75. 225
Resolve on the Petitioa of Derastus Clapp. Chap. 71 .
Resolved, for reasons set forth in the petition of Derastus
Clapp, that there be paid out of the treasury of the Common- Allowance of
weaUh, to said Clapp, the sum of forty dollars, in full for S^o for the ar-
' - irf\ . J , ' rest, &c., of a
services and expenses m arrestmg or causmg to be arrested, counterfeiter.
Robert Leighton, a counterfeiter, and that a warrant be
drawn accordingly. [Approved by the Governor, March 27,
1846.]
Resolves providing for the more Ample and Suitable Accommodation of the QfiUp. T2. .
Library. ■*
Resolved, That the sergeant-at-arms cause a suitable room sergeant-at-
to be prepared in the basement story immediately under the arms to prepare
library and treasurer's office, for the use of the library, under use°ofthriu^
the supervision of a committee to consist of the speaker of brary, under
the house, the chairman of the committee on the library, the o'}-\*"^^'i^it'°"
librarian, and two members of the house, in such manner as tee, &c.
they shall deem expedient.
Resolved, That the sum of twelve hundred dollars be ap- Appropriation
propriated for the above purpose, which sum, or so much ^'"^i^oo.
thereof as may be necessary to be expended, and the ac-
comits thereof, shall be audited and paid agreeably to the
provisions of the act of March eighteenth, in the year one
thousand eight hundred and forty-one, entitled, "an act re-
lating to the state house." [Approved by the Governor,
March 27, 1846.]
Chap, 73.
Resolve on the Petition of Richard Nichols.
Resolved, for reasons set forth in the petition of Richard
Nichols, that there be paid out of the treasury of the Com- Allowance of
mon wealth to said Nichols, the sum of forty dollars, in full $40 for inform-
for informing against and prosecuting to conviction, Sullivan '^| ^Pcounter-
Bigelow, a counterfeiter, and that a warrant be drawn ac- feite'r.
cordingly. [Approved by the Governor, March 27, 1846.]
Chap. 74.
Resolve on the Petition of Erastus W. Sanborn.
Resolved, for reasons set forth in the petition, that there
be paid out of the treasury of the Commonwealth, to Eras- Allowance of
tus W. Sanborn, fifty dollars, for his expenses during his 550, and annu-
sickness, and fifty dollars a year, for three years, in consid- ssofoM^hree "'^
eration of injuries and expenses sustained by him in the per- years,
formance of his official duty, and that the governor draw
his warrant therefor accordmgly. [Approved by the Gov-
ernor, March 31, 1846.]
Resolves in relation to Auditing: Accounts.
Chap. 75.
Resolved, That the committee on accounts be required to ac°couIitrto au-
examine and audit all miscellaneous accounts which may dit and class
be presented against the Commonwealth, (except those for ™coums°^Md
which payment is otherwise provided,) and report the same, report resolves.
29
226
1846. Chap. 75, 76, 77, 78.
Accounts to be
approved, &c.,
Legislative au-
thority requi-
site.
Printing, &c.,
to be directed,
and amounts
certified by
head of depart-
ments and
clerks.
Repeal of in-
consistent pro-
vision.
Chap.
Additional ap-
propriation of
;^500.
from time to time, to the Legislature, classified under their
appropriate heads, with resolves for their payment.
Resolved^ That all accounts shall be approved by the
person or persons under whose direction the charge was in-
curred ; and no account shall be allowed for any matter or
thing, for doing or procuring which, authority shall not
have been given by one or the other, or both branches of
the Legislature.
Resolved, That the printing, binding, procuring of sta-
tionery, and all other things for the use of the executive
council, and the several offices in the government of this
Commonwealth, shall be under the direction of the respec-
tive heads of such departments ; and for the use of the
senate and house of representatives, under the direction of
the respective clerks thereof: and the amounts therefor shall
be certified accordingly.
Resolved, That the resolve passed on the eleventh day of
June, in the year one thousand eight hundred and twenty-
nine, requiring the treasurer to examine and audit certain
accounts against the Commonwealth, be hereby repealed.
[Ajyproved by the Governoi\ April 3, 1846.]
76. Resolve authorizing the Governor to take further measures to procure cer-
tain Documents in the Public Offices of France.
Resolved, That the governor be authorized and requested
to take such further measures as he may deem expedient, to
procure copies of documents in the public offices of France,
illustrative of the colonial and provincial history of this
Commonwealth : provided, that the sum expended for this
object shall not exceed five hundred dollars, in addition to
any unexpended balance of the sum appropriated by a resolve
passed on the twenty-third day of January, in the year one
thousand eight hundred and forty-five. \Approved by the
Governor, April 4, 1846.]
Chap. 11.
^2,500 appro,
priated, to be
expended by
Resolve to pay for Fuel and for other purposes.
Resolved, That there be paid out of the treasury of this
Commonwealth to Benjamin Stevens, sergeant-at-arms to
the General Court, the sum of twenty-five hundred dollars,
the'^sergeant-at- to enable him to purchase fuel, and other necessary articles
^'■"'^- for the use of the General Court, and the several offices
in the state house, and that a warrant be drawn accord-
ingly. [Approved by the Governor, April 4, 1846.]
Chap. TS. Resolve for the Pay of the Council, Senate and House of Representatives.
Resolved, That there be paid out of the treasury of this
Allowance of Commonwealth to each member of the senate and house
fouisen^'or^sen- °^ representatives, two dollars for each and every day's
ator"and''repre- attendance during the present political year ; and the sum
sentative, for of two dollars for every ten miles' travel from their respec-
1846. Chap. 78, 79, 80, 81. 227
live places of abode, once in each session, to the place of each day's ser-
the sitting of the General Court ; and also to each member and $-i for '
of the council, two dollars per day for each day's attend- every ten miles'
ance at that board, at every session thereof, during the pres- ^^^^ '
ent 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 P'^esjdent and
. ' ^ ^ . speaker to re-
the speaker oi the house oi representatives, each, two ceive 52 addu
dollars for each and every day's attendance, in addition to ^'°°^' f*"' ^^^^
their pay as members, and that warrants be drawn accord-
ingly. [Approved by the Governor^ April 4, 1846.]
Resolve to pay the Doorkeepers, Messengers and Pages of the Senate and Qfidn. 79 •
House of Representatives. -* *
Resolved, That there be allowed and paid out of the trea- „ ., ,,
„ , . ' , , in, 1 Daily allowance
sury 01 this Commonwealth, to the doorkeepers and messen- of t2 each to
gers of the senate and house of representatives, the sum doorkeepers
of two dollars each per day ; and to the pages of the senate gers ; and of
and house of representatives, each, the sum of one dollar ^' ^Jo pages,
and fifty cents per day, for each and every day's attendance of t'he Legisia-
during the present session of the Legislature, and that war- mre.
rants be drawn accordingly. [Approved by the Governor,
April 4, 1846.]
Resolve on the Petition of the Charles Street Baptist Society. ChdV. 80.
Resolved, for reasons set forth in said petition, that the
Charles Street Baptist Society are hereby authorized and Authority to
empowered to sell and convey all that real estate situate in sell and convey
the city of Boston, which they hold as grantees, through
mesne conveyances, under the deed of Harrison Gray Otis,
Henry Jackson, Benjamin Joy, and Jonathan Mason, to
David Jones, Ebenezer Little Boyd, Turner Crocker, Thomas
Kendall, Heman Lincoln, Ensign Lincoln, Josiah C. Rans-
ford, and Aaron Richardson, trustees of the association for
building the third Baptist meeting-house in said Boston,
dated the eighth day of July, in the year eighteen hundred
and six, in such parts and parcels as they may think proper,
in fee simple, discharged from all conditions and trusts de- Discharge from
dared and contained in the deed aforesaid, or in any other t°u°ts''°"^ ^^
deed through which they have derived their title to said
real estate. [AjJjiroved by the Governor, April 4, 1846.]
Resolve to pay the Assistant Messenger to the Governor and Council. L>il(tp. 0 1 .
Resolved, That there be allowed and paid out of the trea-
sury of this Commonwealth, to the assistant messenger to ^'.'"^^""^^ °^
the governor and council, the sum of two dollars for each ing^ses^fons'of
and every day he has been, or may be employed in that the council,
capacity, during the sessions of the council, the present po-
litical year, and that warrants be drawn accorduigly. [Ap-
proved by the Governor^ April 4, 1846.]
228 1846. Chap. 82, 83, 84, 85.
Qfiap, 82. Resolve to pay the Chaplains of the Legislature.
Resolved, That there be allowed and paid out of the trea-
Aiiowance of suiy of the Commonwealth, to the chaplain of the senate,
^60 to chaplain the sum of sixty dollars, and to the chaplains of the house
and $30 each to of representatives, the sum of thirty dollars each, and that
chaplains of the warrants be drawn accordingly. [Approved by the Gov-
ernor, April 4, 1846.]
ChdV. 83. Resolve on the Petitions of the Towns of Hardwick, Shutesbury, Halifax,
^ Greenfield and Medford.
Allowance of Resolved, for reasons set forth in their several petitions,
S25 55toHard- that there be paid out of the treasury of the Common-
to'shiit^esb^ ^^- wealth, to the treasurers of the towns hereinafter named,
$5 53toHaii-' the sums following, to wit: — Hardwick, twenty-five dollars
g" ' ^fild*^ 'd ^^^^ fifty-five cents ; Shutesbury, one hundred and forty-
$25 41 to Med- eight dollars and thirty-eight cents ; Halifax, five dollars
ford for support and fifty-three cents ; Greenfield, seventy-three dollars and
pers.*^^^"" forty-three cents; Medford, twenty-five dollars and forty-
one cents, in full for the support of State paupers, previous
to the first day of November, in the year one thousand eight
hundred and forty-four, and that the governor draw his
warrants therefor accordingly. [Approved by the Governor,
April 6, 1846.]
Chap. 84. Resolve granting Taxes for the several Counties.
Resolved, That the sums placed against the names of the
County taxes, several counties in the following schedule, are hereby grant-
$199"875^^'' ed 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 hundred dollars ; county of
Worcester, twenty-seven thousand dollars ; county of Hamp-
shire, eight thousand dollars ; county of Bristol, twenty-
two thousand dollars ; county of Norfolk, ten thousand
dollars; county of Berkshire, fifteen thousand dollars;
county of Plymouth, twelve thonsand dollars ; comity of
Hampden, fifteen thousand dollars ; county of Franklin,
seven thousand dollars ; county of Barnstable, five thousand
five hundred dollars ; county of Dukes, one thousand five
hundred dollars ; county of Middlesex, forty-four thousand
two hundred and seventy -five dollars. [Appi^oved by the
Governor, April 6, 1846.]
Chnn ftfi I^esolves concerning the Claim of Massachusetts upon the Government of the
L'llup. OO. United States, under Article Fourth of the Treaty of Washington.
Whereas, The government of the United States, by the
diusetts'^and^^^ ratification of the treaty of Washington, incurred in equity
Maine on the and good faith, an obligation to remunerate the States of Mas-
General Gov- sachusetts and Maine for any pecuniary sacrifice they were
required to make by the authority of the said treaty, there-
fore—
1846. Chap. 85, 86, 87, 88. 229
Resolved, That Massachusetts has a just and equitable J^^'^rfsTnTcom-
claim upon the government of the United States, for full re- monweaith's
muneration for her proportion of all lands set off to claim- <=iaim for aiiow-
ants, under the provisions of article fourth of the treaty of
Washington ; and the governor is authorized and requested
to present the same to the federal government, for adjustment
and allowance.
Resolved, That the governor be requested to transmit a ^°?y *.<> be
copy of these resolves to the president of the United States. the"presideiit°
[Appi'oved by the Governor, April 6, 1846.]
Rksolve on the Petition of Lysander Ripley and David Patterson. L/ll(tp> oO.
Resolved, for reasons set forth in the petition, that there be
paid out of the treasury of the Commonwealth, to Lysander Allowance of
Ripley and David Patterson, of Boston, the sum of fifty-four ^^t of comiteV-
dollars, in full for services and expenses in arresting Otis A. feiters.
Wells, Ansel Upham, Elisha Gill and Isaac Richardson, as
counterfeiters : and that the governor draw his warrant there-
for accordingly. [Approved by the Governor, April 6, 1846.]
Resolve relating to the Construction of a Bridge across Santuit River. Onttp. o7.
Resolved, for reasons set forth in the petition of Daniel
Childs and others of Barnstable, in the county of Barnstable, Allowance of
that there be allowed and paid out of the treasury of this S'^oiofhe
/-~i 11 1 •• r- ^ T ■ n nT 1 Commissioner of
Commonwealth, to the commissioner of the district of Marsh- the District of
pee, in said county, the sum of one hundred and fifty dollars, ^nd^^e^^^ ^°^ ^
for the construction in part, of a bridge over Santuit river, in '^' ^^'
said Barnstable and Marshpee, near Sampson's mills : pro- Provided, &c.
vided, that said town of Barnstable shall cause a good and
sufficient bridge to be constructed across said river, and near
said mills, within one year from the passage of this resolve :
and, jjrovided also, that said sum shall not be paid until said
commissioner shall certify to the governor, that said bridge
has been so constructed ; and, provided, also, that no greater
amount shall be paid than one half of the cost of said bridge ;
and that the governor be authorized to draw his warrant
accordingly. [Aj^pj'oved by the Governor, April 6, 1846.]
Resolve to refund an Over-payment of Tax by the Millbury Bank. ChwO. 88.
Resolved, That there be allowed and paid out of the trea-
sury of the Commonwealth, to the president, directors and §250 to be re-
company of the Millbury Bank, the sum of two hundred and P^'^-
fifty dollars, for over-payment of tax, on the ninth day of
October last : and that his excellency the governor be au-
thorized to draw his warrant therefor accordingly. [Ap-
proved by the Governor, April 6, 1846.]
230
1846. Chap. 89, 90, 91, 92.
Trustees au-
thorized to sell
real estate.
Provided, &c.
Chap. 89. Resolve on the Petition of the Trustees of the Christian Society in Sharon.
Resolved, for reasons set forth in the petition of Joel Hew-
ins and Samuel N. Fuller, deacons of the church in Sharon,
and trustees under the will of Nancy Gould, late of said
Sharon, widow, deceased, that said Hewins and Fuller are
hereby empowered to sell, at public sale, all or any part of
the real estate, which was devised to them by the last will
of said Nancy, in trust for the use and benefit of said church :
provided, that said Hewins and Fuller shall first give bonds
with sufficient surety or sureties, satisfactory to the judge of
probate for the county of Norfolk, for the faithful execution
of the powers herein conferred, and that they will invest the
proceeds, and apply the same according to the uses and
trusts declared by said testatrix in said will respecting the
same estate. [Approved by the Governor, April 6, 1846.]
Ch(tp. 90. RESOLVE in relation to Expenses incurred under Article Fourth of the Treaty
of Washington.
Resolved, That the governor be authorized and requested
to adopt such measures as he shall deem expedient, to obtain
from the government of the United States, reimbursement
of the expenses incurred in locating grants and determining
the extent of possessory claims, under the provisions of the
fourth article of the treaty of Washington. [Approved by the
Governor, April 6, 1846.]
Resolve on the Petition of the Town of Hadley.
Resolved, for reasons set forth in the petition, that the
sum of two thousand seven hundred and fifty dollars, be
granted and paid out of the treasury of the Commonwealth,
to the town of Hadley, for the purpose of aiding the inhabit-
ants in protecting themselves against the encroachments of
the Connecticut River upon the banks above Middle and
West streets in said town, and that the governor be author-
Provided, &c. ized to draw his warrant therefor accordingly : provided, the
said town shall first, by tax or otherwise, raise the sum of one
thousand seven hundred and fifty dollars, and the inhabit-
ants more immediately exposed to the danger, shall raise, by
subscription or otherwise, an additional sum of one thousand
dollars, and shall, by the proper town officers, or a commit-
tee, certify and assure the governor, that the amovmt of two
thousand seven hundred and fifty dollars has been so raised,
and shall, together with the grant from the Commonwealth,
be applied for the purpose aforesaid, under the direction of a
skilful engineer. [Approved by the Governor, April 6, 1846.J
The Governor
to adopt mea-
sures to obtain
reimbursement
of expenses,
&c.
Chap. 91.
Allowance of
^2750 for em-
bankments.
Chap. 92. Resolve in addition to a " Resolve authorizing the Survey of South Bay and
Charles and Mystic Rivers."
Additional ap-
propriation of
Resolved, That there be paid out of the treasury of this
Commonwealth, in addition to the amount appropriated by
1846.— Chap. 92, 93, 94, 95. 231
a resolve passed on the twenty-second day of March, one not exceeding
thousand eight hundred and forty-five, " authorizing the sur- '^^^^•
vey of South Bay and Charles and Mystic Rivers," such
sum or sums of money, not exceeding in the whole the sum
of three hundred dollars, as may be necessary to carry into
full effect the provisions of said resolve, and that a warrant
be drawn accordingly. [Approved by the Governor^ April 6,
1846.]
Kesolve on the Petition of Nathaniel Clark, Trustee under the Will of Ralph (Jhajj.^S
Smith. -t^'
Resolved, for reasons set forth in said petition, that Na-
thaniel Clark, of Natick, in the county of Middlesex, trustee Trustee may
under the last will and testament of Ralph Smith, late of sell and convey
Roxbury, in the county of Norfolk, esquire, deceased, be, J^gedham^'nd
and he hereby is authorized and empowered to sell, upon Natick.
such terms and conditions as he shall deem expedient, at
public or private sale, all that estate and interest in the real
estate of which said deceased died seized or possessed, lying
in the town of Needham, in said county of Norfolk, and in
the town of Natick aforesaid, Avhich, by the said last will of
said deceased, were devised in trust for the benefit of Martha
Smith, William Smith and Nathaniel R. Smith, and to con-
vey said estate and interest, by his deed duly executed and
acknowledged: provided, said Clark shall first give bond Provided, &c,
with sufficient sureties to the judge of probate for said county
of Norfolk, to the acceptance of the said judge, conditioned
that the said Clark shall faithfully, and according to his best
judgment, execute the authority hereby conferred, and hold,
apply, and dispose of the proceeds of such sale, agreeably to
the objects and purposes, for which said trust, in and by said
will, was created. [Approved by the Governor, April 6^ 1846.]
Resolve on the Petitions of Willard Phillips, John G. Rogers and Samuel ChctV. 94.
B. Walcott. ^■
Resolved, for reasons stated in the said petitions, that there Allowance of
be paid out of the treasury, to Willard Phillips, the sum of g3,250 to com-
fifteen hundred dollars ; to John G. Rogers, the sum of one ^odilicau'^/o'f
thousand dollars ; to Samuel B. Walcott, the sum of seven criminal laws,
hundred and fifty dollars, respectively, in full payment for
their services as commissioners for the codification of the
criminal laws, and that the governor be requested to draw
his warrant therefor accordingly. [Approved by the Gov-
ernor, April 7, 1846.]
Resolves relating to Repairs around the State House. CnOp. JO
Resolved, That the sergeant-at-arms cause that portion of
the fence which is displaced, to be relaid, and also such por- Sergeant-at-
tion of the side-walk as may need repairs. UiTfen°ce^rn"
Resolved, That the sum of six hundred dollars be appro- side-walk.
priated for the above purpose, which sum, or so much there- ^fYeoo''^*"*"
232
1846.- — Chap. 95, 96.
of as may be necessary to be expended, and the accounts
thereof shall be audited and paid agreeable to the provisions
of the act of March eighteenth, in the year one thousand
eight hundred and forty-one, entitled, "an act relating to
the state house." [Approved by the Governor^ April 7,
1846.]
Chay. 96.
Administratrix
of the estate of
William Brown
may sell real
estate in Bos-
ton.
Investment of
proceeds.
Provided, &c.
Resolve on the Petition of Sarah Brown, Administratrix.
Resolved, for reasons set forth in the petition, that the said
Sarah Brown, administratrix de bonis 71011, with the will an-
nexed, on the estate of her father, William Brown, late of
Boston, in the county of Suffolk, merchant, deceased tes-
tate, is hereby authorized and empowered to sell to any
person or persons whomsoever, at public or private sale, for
cash or on credit, in whole or in part, on such terms as she
shall think most advantageous, and to pass by good and suf-
ficient deeds therefor in fee simple, discharged from all trusts
and liability for the application of the purchase money, one
undivided half part of a certain piece of land situate in said
Boston, at the southerly part thereof, on Washington street,
bounded and measuring as follows, viz. : beginning at the
northwesterly corner thereof, on the corner of Washington
and Dover streets, and there measuring in front northwest-
erly on Washington street seventy-two feet, or there about ;
then turning southeasterly, there measuring southwesterly,
on land now or late of Ellis and Mayo, one hundred and
thirty feet from the front line on Washington street; then
turning at right angles northeasterly, and there measuring
southeasterly, on land now or late of said Ellis and Mayo,
seventy-two feet ; then turning northwesterly, and there
measuring to the point of beginning, one hundred and thirty
feet northeasterly, on a narrow gore of land between said prem-
ises and Dover street, which gore runs to a point on Washing-
ton street ; also of all the buildings thereon standing, with all
the rights, easements, privileges, and appurtenances there-
to belonging ; said estate being the mansion house of said
William Brown, and the land under and about the same, as-
signed thereto in his said will. The said petitioner invest-
ing the net proceeds of said sale, agreeably to the provisions
of the will of said William Brown, for the benefit of said
Sarah Brown, and her heirs at law, in property or securi-
ties, such as are therein named, or of such other character
as shall be approved by the judge of probate for said Suf-
folk : provided, hotvever, that the petitioner, said Sarah
Brown, shall first give bond to the judge of probate for said
county of Suffolk, with surety or sureties in such sum as
shall be satisfactory to said judge, faithfully to account for
the proceeds of any sale which may be made under this re-
solve. [Approved by the Governor, April 7, 1846.]
1846. Chap. 97, 98, 99. 233
Resolve for sundry Repairs upon the State House. ChcLt). 97.
Resolved^ That the sergeant-at-arms cause additional iron
doors to be affixed to the safe rooms, and also to renew the sergeant-at-
flight of stairs leading to the cupola, and to make such other arms to affix
necessary" repairs as may be deemed expedient. doorsto^safes"
Resolved^ That the sum of six hundred dollars be appro- &c ; renew
priated for the above purpose, which sum, or so much there- ^^*"^*' ^':' .
of as may be necessary to be expended, and the accounts o/'^ew)" &c!°
thereof, shall be audited and paid agreeably to the provisions
of the act of March eighteenth, in the year one thousand
eight hundred and forty-one, entitled, " an act relating to
the state house." [Approved by the Governor, April 7,
1846.]
Resolve on the Petition of Angelo D. Stevens. C^hnn Q8
Resolved^ for reasons set forth in the petition of Angelo D.
Stevens, that the county treasurer of the county of Berk- Treasurer of
shire, be authorized and directed, to surrender to said Stev- Berkshire coun-
ens, his note for fifty-seven dollars and fourteen cents, on not*" o^"d^°''%
demand therefor. [Approved by the Governor, April 8, thereof.
1846.]
Resolve relating to the Survey of the Harbor of New Bedford. Chfin 99
Resolved^ That his excellency the governor is hereby au-
thorized and requested, with the advice and consent of the Governor with
council, to appoint one or more commissioners, to take or advice, &c., to
cause to be taken, an accurate survey and soundings of the ^^^s°ion for*'*"""
harbor of New Bedford, and to report whether any injury survey of New
has arisen, or is to be apprehended, from the authority given ^p'^'"'^*^ harbor,
by law to the owners of lots, adjoining the Acushnet river,
to erect and maintain wharves, extending to the channel of
the river, whether any alteration of said law is necessary,
in order to preserve imimpaired the free navigation of said
river, and to prevent injury to the harbor by encroachments
from either side ; and whether it is necessary to define limits
in the harbor, by established lines, beyond which no in-
dividual shall be allowed to extend his wharf, or to lay ves-
sels, while secured to any wharf now built, or that may
hereafter be erected ; said commissioners to give at least ten Commissioners
days' notice of the time and place of their meeting, by pub- Jjolc^^^i"*^*^*'
Ushing the same three times in the New Bedford Mercury, '
and leaving a copy thereof with the town clerk of New Bed-
ford, and one with the town clerk of Fairhaven, so that all
persons interested may appear and be heard in relation to
the same ; and to make report of their doings on or before and to make
the first day of January next to the governor and council, ''^P"''''
with such plans, or other sufficient representations and de-
scriptions thereof, as shall clearly show and exhibit the to be laid before
same, which report and plans shall be laid before the Legis- ^^^ Legislature,
lature by the governor.
30
234 1846. Chap. 99, 100, 101.
Appropriation Resolved, That the governor, with the advice and consent
k>g"gic«o!^ ' of the council, is hereby authorized to draw his warrant on
the treasurer of the Commonwealth for such sum or sums of
money, not exceeding in the whole one thousand dollars, as
may be necessary to carry the foregoing resolve into etfect.
And the governor and council are further authorized and
empowered to audit and allow the account of the com-
missioner or commissioners, appointed to make the foregoing
surveys and plans. [App7oved by the Governor, April 8,
1846.]
Chop 100. Resolve on the Petition of Adam Harrington and "William H. Knowlton.
Resolved, for reasons set forth in said petition, that Adam
Executor and Harrington, of Shrewsbury, in the county of Worcester,
a^UJ'^i'.sirator executor of the last will and testament of Azor R. Phelps,
convey real es- late of said Shrewsbury, administrator of the estate of Ed-
tate in Shrews- -ward Newton, late of said Shrewsbury, deceased, and
'"^' William H. Knowlton, administrator of the remaining goods
and estates of said Newton, not administered upon by the
said Phelps, are hereby authorized to convey, in fee simple,
by a good and sufficient deed, to Asa Rider, of said Shrews-
bury, all the right, title, and interest which the said Newton
had, at the time of his decease, in and unto a certain tract
of woodland, situate in the south part of said Shrewsbury,
containing about ten acres, for the consideration of the sum
of two hundred and twenty-two dollars, paid the said
Phelps during his life time. Also, to convey, as aforesaid,
to Levi Newton, all the right, title, and interest which the
said Edward Newton had, as aforesaid, in and unto a certain
other tract of land, containing about one and a half acres,
being a part of a tract of land, known as the Bragg meadow,
and situate near the aforesaid woodland, for the consideration
of the sum of twenty dollars and fifty cents, paid the
said Phelps, as aforesaid. Also, to convey, as aforesaid, to
Thomas Harrington, all the right, title and interest which
Edward Newton had, as aforesaid, in and unto a certain
other tract of land, containing about three acres, it being a
part of the meadow, known as aforesaid, for the consider-
ation of the sum of twenty dollars and sixty-two cents,
paid the said Phelps, as aforesaid. [Approved by the Gov-
ernor, April 9, 1846,]
Cho/D 101. Resolve on the Petition of Stephen G. Davis.
Resolved, for reasons set forth in the petition, that there
Allowance of he paid out of the treasury of the Commonwealth, to Ste-
rns 99 for ar- phcu G. Davis, one hundred and seventy-two dollars and
'ttives.*^ ' ** "' ninety-nine cents, in full for all expenses and charges in-
curred by him in procuring the arrest and conviction of
Daniel C. Emery and John M. King, two forgers and fugi-
tives from justice, and that the governor draw his warrant
1846. Chap. 101, 102, 103, 104. 235
therefor accordingly. [Approved by the Governor, April 9,
1846.]
Resolve on the Petitions of Richard Sullivan and Thomas C. Amory, Jr. phfiin 1 (\0
Resolved^ for reasons set forth m said petitions, that the "
resolve passed the seventh day of March, in the present uggoi^ggoj
year, authorizing John L. Sulhvan to execute a deed of con- i846, chaps. 39
firmation of certain real estate, and the resolve passed the and 47, amend-
twelfth day of March, in the present year, authorizing
Thomas C. Amory, Junior, to sell and convey certain real
estate, be, and each of the said resolves hereby is, amended
as to the description of a deed mentioned in the said re-
solves, as given by David Wood and others to Thomas Rus-
sell, by inserting between the word "to" and the word
"Thomas," the words "John M. Russell and others, heirs
of," so that the real estate aforesaid may be designated as
described in a deed from David Wood and others to John
M. Russell and others, heirs of Thomas Russell. [Approved
by the Governor, April 9, 1846.J
Resolve on the Petition of Samuel Boylston. ChciD 103.
Resolved, for reasons set forth in said petition, that the
judge of probate, in the county of Hampden, be, and he jyj^g ^r Pro-
hereby is authorized, to appoint some suitable person to be bate in county
administrator of the estate of Edward Boylston, formerly °o^poin?ln
of Springfield, in said county of Hampden, deceased, in administrator
like manner as if the death of said Boylston had occurred Edward BoyU^
within twenty years. [Approved by the Governor, April 9, ston, deceased.
1846.]
Resolve on the Petition of John Kendall. ChCLt) 104.
Resolved, for reasons set forth in said petition, that John
Kendall, trustee under the will of Joseph Richardson, late Trustee under
of Fitchburg, in the county of Worcester, deceased, or his the win of Jo-
successor in said trust, be, and hereby is, authorized to sell f^ authorized
and convey, at public or private sale, a certain parcel of to sell and con-
land, containing ninety-four acres and one hundred and ,^n Fiichburg.'^
seventeen rods, more or less, situated in the northerly part
of said Fitchburg, set off to the said trustee, to be held for
the purposes in the said will expressed, and to make and
deliver good and sufficient deed or deeds therefor in fee sim-
ple, to the purchaser or purchasers : provided, that the said Provided, &c.
trustees shall first give bond with sufficient sureties, to the
satisfaction of the judge of probate for the county of Wor-
cester, to account properly for the proceeds thereof; to hold
the same upon the same conditions, and for the purposes for
which he now holds such real estate, and to apply the inter-
est thereof, in conformity to the provisions of said will.
[Approved by the Governor, April 9, 1846.]
236
1846. Chap. 106, 106, 107, 108.
Chap 105.
Allowance to
the clerk of the
senate of g 10,
to the assistant
clerk of the
senate S6, and
to the clerk of
the house ^10
for each day of
the session ; and
of 5100 each to
clerks of sen-
ate and house
for copy of the
journals.
Chap 106.
Administrator
of the estate of
Henry W.
Dwight, au-
thorized to
make and deliv-
er deeds of
real estate.
Provided, &c.
Chap 107.
Sergeant-at-
arms, under the
direction of a
committee, to
procure new
window frames,
&c., for senate
chamber.
Warrants to be
drawn for ex-
penses.
Chap lOS.
Allowance of
Resolve for the Pay of the Clerks of the Legislature.
Resolved, That there be allowed and paid out of the trea-
sury of this Commonwealth, to the clerk of the senate, the
sum of ten dollars per day, to the assistant clerk of the
senate the sum of six dollars per day, and to the clerk of
the house of representatives the sum of ten dollars per
day, for each and every day's attendance they have been or
may be employed in that capacity during the present session
of the Legislature; and that there be further paid to the
clerk of the senate and to the clerk of the house of repre-
sentatives, the sum of one hundred dollars each, for copy-
ing the journals for the library, as required by the orders of
the two houses, and that warrants be drawn accordingly.
[Approved by the Governor, April 9, 1846.J
Resolve on the Petition of Horatio Byington.
Resolved, for reasons set forth in said petition, that Horatio
Byington, of Stockbridge, in the county of Berkshire, admin-
istrator de bonis non upon the estate of Henry W. Dwight,
late of said Stockbridge, deceased, is hereby authorized and
empowered to deliver to James Fowler, of Westfield, a deed
of certain real estate, heretofore executed for the purpose of
being so delivered, by Benoni C. Wells, former administrator
upon said estate ; and also to make, execute and deliver to
Louis Dwight, of Boston, a good and sufficient deed in fee
simple, excepting a dower right, of certain other real estate
heretofore bargained and sold to the said Dwight by the said
former administrator : provided, that the said Byington shall
first give bond to the satisfaction of the judge of probate for
the county of Berkshire, faithfully to apply the consideration
to be received by him on the delivering of such deeds to the
payment of the debts against said estate, and to account for
the balance, if any, according to law. \Approved by the
Governor, April 9, 1846.]
Resolve providing for Repairs in the Senate Chamber.
Resolved, That the sergeant-at-arms, under the direction
of a committee, consisting of Messrs. Safibrd, Allen, and
Guild, be directed to procure new window frames and sashes
for the senate chamber ; said sashes to be made of hard wood,
and double on the east side and north end of said chamber,
and all to be glazed with good, clear, white glass, and hung
top and bottom.
Resolved, That the governor be requested to draw war-
rants on the treasury for the payment of the expenses of said
repairs. [Approved by the Governor, April 9, 1846.]
Resolve on the Petition of Benjamin White.
Resolved, for reasons set forth in the petition, that there
be paid out of the treasury of the Commonwealth to Benja-
1846. Chap. 108, 109, 110. 237
min White, of Hanover, the sum of ten dollars, for furnish- 8}oroif\iT-
ing accommodations for a justices' court ; and that the gov- modatfons*^ fora
ernor draw his warrant therefor accordingly. [Approved by Justices' Court.
the Governor, April 9, 1846. J
Resolve on the Petition of John Hecktor. Chap 109.
Resolved, for reasons set forth in said petition, that Charles
Brigham, junior, trustee of the Grafton or Hassanimisco Trustee of the
Indians be, and he hereby is, authorized to assign and allot authorized tJT"^
to the said John Hecktor and to Harry Arnold, each their allot real estate
respective share or moiety of the real estate, late in the oc- Ior*'andHa*rry*
cupancy of their mother, Lucy Hecktor, now deceased, such Arnold, &c.
assignment and allotment being returned to, and approved
by the governor and council, to be conclusive as to the right
of occupying said real estate, until otherwise ordered by the
General Court ; and the governor and council are hereby Warrant to be
authorized to credit the account of said Brigham for the ex- '^'■^^° '°'' *"'
penses of this proceeding, and to draw a warrant therefor
upon the treasury. [Approved by the Governor, April 9,
1846.]
Resolves relating to the Tariff and Protective Policy. Chap 110.
Resolved, That the Legislature of Massachusetts cordially
responds to the views presented by his excellency the gov- Duty of general
ernor, in his annual address, showing that it belongs to the government to
' , ' -, -\ ° ■ encourage
general government, not only as a power but a duty, to give manufactures,
encouragement to manufactures, as recommended by Gen-
eral Washington, through the " protective duties" sanc-
tioned by Mr. Jefferson and enforced by his successors.
Resolved, That while it rests with the national govern- ^he present
ment to decide when and how far that power shall be exer- tariff a salutary
cised, in the opinion of this Legislature, the beneficial effects '"^^s"''®-
of the protective system on agriculture, that were particu-
larly pointed out by General Jackson, have been realized ;
that the present tariff is advantageous to every part of the
country, giving to labor the security that is required against
rivalry from foreign pauperism, while it raises no more of
revenue than is indispensable, and provides steady supplies
of most of the manufactures that are used by the poor, at
lower rates than they have ever been obtained elsewhere ;
and that its repeal in the general prosperity that exists,
would be ill-timed and injurious throughout the union.
Resolved, That, while the people of Massachusetts ask no protest against
special legislation for their own benefit, they protest against discriminationin
the discrimination which it is proposed to make against them Si&ies!°^^^^
by fixing higher rates of duty for the security of labor in the
middle and southern states, than for their own.
Arid resolved further. That, at a time when war is men- impolicy of dis-
tioned in the national councils as by no means improbable, couraging the
any proposal that tends to discourage the fisheries, the nur- ^'''^""-
238 1846 Chap. 110, 111, 112, 113, 114, 116.
sery of our seamen, is impolitic in a national view. [Ap-
proved by the Governor, April 10, 1846. J
Chap 111. Resolve for the Payment of Military Accounts.
Resolved, That there be allowed and paid out of the trea-
Aiiowance of sury of the Commonwealth, to the several persons mentioned
^1664 17^. ^j^ ^YiQ accompanying roll of military accounts, the sums set
against their names respectively, amounting in the whole to
sixteen hmidred sixty-four dollars and seventeen and one-
half cents, the same being in full discharge of the demands
to which they refer ; and that the governor draw his warrant
therefor accordingly. [Approved by the Governor, April 10,
1846.]
Chap 112. Resolve on the Petition of Charles and William D. Crooker.
Resolved, That there be paid out of the treasury of the
Allowance of Commonwealth, to Charles Crooker and William D. Crooker,
any d'aim*'' **" two hundred and ninety-eight dollars, in full for any claim
against the they may have against this Commonwealth, touching any
weaith°&c purchase they may have made of the land agent, by deed
dated the twentieth day of December, in the year one thou-
Provided, &c. saud eight hundred and thirty -nine : provided, they shall
first reconvey to this Commonwealth all rights they may
have acquired by such purchase. [Approved by the Govern-
or, April 10, 1846. J
Chcip 113. Resolve in favor of John V. Low.
Resolved, That the governor and council are hereby au-
Aiiowance of thorizcd to allow and pay to John V. Low, assistant messen-
£etsen|er dS- gsi', the fuU amouut which would have been due to him for
bled b/sick- scrviccs, duriug the present session of the Legislature, if he
"^^^- had not been confined by illness, which occurred while in
the performance of his official duties. [Approved by the
Governor, April 10, 1846.]
Chap 1 14. Resolve for the Payment of Assessors for returning Statistical Information.
Resolved, That there be paid out of the treasury of the
Allowance of Commonwealth, to the assessors of the cities and towns,
^6,234 81. named in the accompanying roll, the sums allowed and set
against said corporations respectively, amounting to six
thousand two hundred thirty-four dollars, thirty-one cents,
in full discharge of the accounts to which they refer ; and
that a warrant be drawn accordingly. [Approved by the
Governor, April 11, 1846.]
Chop 115. Resolves concerning the Boundary Line between Massachusetts and Rhode
" * Island.
Resolved, That the commissioners appointed by virtue of a
Commissiouers rcsolvc Concerning the boundary line between Massachusetts
monuments"^ and Rhode Island, passed the twenty-seventh day of Febru-
1846. Chap. 115, 116, 117. 239
ary, in the year one thousand eight hundred and forty-four, marked, &c.,
be authorized, in conjunction with the commissioners on the nem angkTof
part of Rhode Island, to erect suitable stone monuments, the line, &;c.
marked with the letters MASS. engraved on one side, and
R. I. on the opposite side, at the prominent angles of the
line, from the Atlantic to the northwest corner of the state
of Rhode Island, and at such other points of the line, as may
subserve public convenience, the expense whereof to be at
the joint and equal charge of the two states : provided, if the Provided, &c.
commissioners on the part of Rhode Island, decline acting in
the premises, the commissioners on the part of Massachusetts
shall nevertheless procure and erect such monuments as
aforesaid, at such places as they shall deem expedient, for
the proper marking and establishment of the line aforesaid.
Resolved, That the governor and council are hereby au- Governor and
thorized to audit and settle said commissioners' accounts for izTd" to audu"'^'
the services contemplated by the preceding resolve ; and draw and settle com-
a warrant on the treasury for the same. missioners' ac-
Resolved, That his excellency the governor be requested Resolves to be
to transmit a copy of the foregoing resolves to his excellency transmitted,
the governor of Rhode Island. [Approved by the Governor, *'*'•
April 11, 1846.]
Resolve on the Petition of Charles Smith. OhuD 116
Resolved, for reasons set forth in said petition, that
Charles Smith, trustee under the marriage settlement of Trustee under
Sarah A. Bryant, is hereby authorized to join in executing the marriage
such an indenture as shall be required to confirm the titles salairA?Bry-
of sundry persons to lands, which are now held by them ant to join in
under the partition made by the probate court of the county fndemurf ^"
of Suffolk, of the real estate of Abraham Bird, deceased, and
as shall be required to make and confirm to him, as trustee,
a title to so much of said real estate as was set off in said
petition for the benefit of his cestuis que trust. [Approved
by the Governor, April 11, 1846.]
Resolve for the appointment of Commissioners on Idiocy. ChcL'D 117.
Resolved, That his excellency the governor, by and with
the advice and consent of the council, is hereby authorized The governor
to appoint three persons to be commissioners to inquire into ^'^'^ advice, -
the condition of the idiots in the Commonwealth, to ascer- ^huXee''^'
tain their number, and whether any thing can be done for commissioners.
their relief, and make report of their doings to the next Gen-
eral Court. The commissioners shall be paid for the time Compensation
actually spent in the discharge of their duty, and for their ersTb?|fp"e'r
necessary travel, the same compensation that is made to day for each
members of the Legislature, and the governor is hereby au- and'ilTr'eve-
thorized to draw his warrant upon the treasury therefor, ry ten miles of
[Approved by the Governor, April 11, 1846.] ''*^®'-
240 1846.- Chap. 118.
Chat) 118. Resolve on the Petition of Daniel B. Fearing and Charles N. Fearing.
Resolved, for reasons set forth in said petition, that Daniel
Executors of B. Fearing and Charles N. Fearing, executors of the last
the will of wii- will and testament of William Fearing, late of New Bed-
aut'horized"to ford, in the county of Bristol, deceased, are hereby author-
sell and convey ized to scU and coiivcy, in fee simple, at public or private
New^Bedfo'rd ^^^^i ^^6 following described real estate, which belonged to
Wareham, Ply- the Said deceased at the time of his death, viz. : his mansion
mouih and Car- j^Q^se and lot, situatc ou Wahiut street, in New Bedford,
containing about thirty rods ; also, a dwelling-house and lot,
situate in the "narrows village," in Wareham, in the coun-
ty of Plymouth, and bounded northerly by land of Loyd
Chipman, westerly by land of Joshua Gibbs, 3d, southerly
by land of Eliza Burgess, and easterly by the old street ;
also, another dwelling-house and lot, situate in the same vil-
lage, and bounded westerly by said street, northerly by land
of Elkanah Hamblin, easterly by the river, and southerly
by land of Perez F. Dogget ; also, one undivided fourth
part of the eighteenth share of the fifth great lot of Plymouth
and Plympton commons, lying in Plymouth, the whole con-
taining about one hundred and sixty acres ; also, one undi-
vided fourth part of the twentieth share in said great lot,
lying part in Plymouth and part in Wareham, whole lot con-
taining about one hundred and sixty acres ; also, about forty
acres of land called the " Rider lot," lying in Plymouth, in
the nineteenth share of said "great lot;" also, one undivided
fourth part of a lot of land in Wareham, in the sixth great
lot in Agawam purchase, the whole lot containing about sev-
enty acres, and bounded southerly and westerly by land of
Benjamin Fearing ; also, one undivided fourth part of a lot
of land lying in said Wareham, in said great lot, the whole
containing about thirty acres, and bounded southerly by the
half mile line, and easterly and westerly by land of Sylva-
nus Besse ; also, about seventeen acres of cedar swamp, ly-
ing in Carver, in said county, in the twentieth cedar swamp
lot in Carver, near the house of John Bumpas ; also, a lot of
wood land, lying in said Wareham, south of Agawam river,
containing five acres, more or less, and bounded easterly and
northerly by salt meadow, and westerly by land of Peter
Mackie ; also, one undivided half of a lot of wood land lying
in said Wareham, south of Muddy pond, cedar swamp, own-
ed in common with Nathaniel Hamblin, whole lot contain-
ing about thirty acres ; also, eleven undivided ninetieth
parts of the ministerial house and lot in said Wareham ; al-
so, a lot of salt meadow lying in Agawam, in said Ware-
ham, and bounded northerly by land of James Burgess, and
southerly by a creek ; also, about two acres of wood land
in said Wareham, called the " Heater lot," and bounded
northerly, westerly and southerly, by land of the " Parker
mills;" also, the pews number four, eight, twenty-nine, and
1846. Chap. 118, 119, 120, 121, 122. 241
one half of pew number sixty-seven, in the congregational
meeting-house in Wareham ; and to make, execute and de-
liver good and sufficient deeds of the same, to the purchasers,
the proceeds of said sales to be accounted for by the said Disposal of
Daniel and Charles, to the judge of probate for the county proceeds,
of Bristol, and disposed of and distributed according to the
will of said deceased : provided^ that said executors shall Provided, &c.
first give bond, with sufficient surety or sureties, to the said
judge of probate, for the faithful execution of the power here-
by conferred, and account for the proceeds of such sale as
aforesaid : and provided also, that the trustees under the
will of the said William Fearing, before the proceeds of any
such sale be paid to them, shall give a like bond to said
judge of probate, to account for such proceeds according to
law and said will. \^Approved by the Governor, April 11,
1846.]
Resolve in relatioa to the granting of Permits to cut down Timber on the /^f>ftn 1 1 Q
Public Lands. y^liup i izj.
Resolved, That the land agent be directed to suspend the
granting of permits to cut down timber, on the lands situated su^enf^"rant-
on the river St. John and its tributary streams : provided^ ing permits, &c.
that if it shall be necessary for the prevention of trespasses, Prmided, &,c.
the land agent is authorized to grant a limited number of
permits, not exceeding one for any one township. [Approved
by the Governor, April 11, 1846.]
Resolve on the Petition of William Gordon. ChdV 120.
Resolved, for reasons set forth in the petition, that there
be paid out of the treasury of the Commonwealth to William Allowance of
Gordon, coroner, eleven dollars, in full for expenses at- v?ii for expense
tending the examination and burial of the body of David of Davtd Fish.
Fish, and that the governor draw his warrant therefor ac-
cordingly [Approved by the Governor, Ayril 14, 1846.]
Resolve on the Petition of the Selectmen of the Town of Hardwick. Ohfin 121
Resolved, for reasons set forth in said petition, that there
be reserved out of the present year's income of the school ^ sum &c. to
fund, for the benefit of the town of Hardwick, a sum equal be reserved
to what that town would have received in the year eighteen [ncl^me'of^the^'*
hundred and forty-five, if the returns required by law from school fund and
the school committee of said town, had reached the office of P^'^toHard-
the secretary in due season, and that the sum so reserved be
added to the share, if any, to which said town may be en-
titled from the income of the said fund of the present year.
[Approved by the Governor, April 15, 1846.]
Resolve on the Petition of the Town of Dorchester. ^, ^ ^^
Resolved, for reasons set forth in the petition of the town ^'^^P
of Dorchester, that the selectmen of that town, for the time Selectmen au-
31
242
1846. Chap. 122, 123, 124.
thorized to sell
land in Dor-
chester by di-
rection of in-
habitants.
Provided, &c.
Chap 123
Trustee under
the will of Wad-
leigh Dow au-
thorized lo sell
real estate in
Lowell and Sa-
lem.
Provided, ^c.
being, are hereby authorized to sell and convey, in fee simple,
at such time and in such manner, as the inhabitants of that
town shall by vote direct, the whole or any part of a certain
tract of land situated in said town, containing about twenty-
six acres, and known as the " School Pasture," it being the
real estate, purchased by a legacy from Christopher Gibson,
deceased, and granted to the selectmen of said Dorchester,
and their successors, in trust for the use of the school of that
town, by one Daniel Preston, on the fourteenth day of Feb-
ruary, in the year sixteen hundred and eighty-one, as by
reference to the records of said town will appear : provided,
that the proceeds of any sale under this resolve, shall be paid
over and invested as the inhabitants of said town may di-
rect, and shall be known and designated as the " Gibson
School Fund," and be held by said town " in perpetuity," for
the use of the free schools therein, agreeably to the provis-
ions of the will of said Gibson, proved in the county of Suf-
folk, in the year one thousand six hundred and seventy-four,
and recorded in the probate office for that county. [Ap-
proved by the Governor, April 15, 1846.]
Resolve on the Petition of Zilpha M. Dow.
Resolved, for reasons set forth in said petition, that Zilpha
M. Dow, trustee under the will of Wadleigh Dow, deceased,
or her successor in said trust, is hereby authorized to sell
and convey, in such manner, on such terms, and for such
prices, as she shall deem expedient, at public or private sale,
the whole or any part of the following real estate, to wit : a
parcel of land situate in Lowell, containing about twenty-
five hundred square feet, which the testator bought of Si-
mon Pendar, by deed, recorded in the registry of deeds for
the county of Middlesex, book 424, page 351, and another
parcel, situate in Salem, which he bought of Abram Brown,
by deed, recorded in the registry of deeds for the county of
Essex, book 337, leaf 190, and to make and execute deeds
of conveyance thereof, in fee simple, or otherwise, the pro-
ceeds thereof to be held and accounted for, to and upon the
uses and trusts, declared by the testator in said will respect-
ing the same estate : provided, that said trustee shall first
give bond, with sufiicient surety or sureties, to the judge of
probate for the county of Essex, for the faithful execution of
the power hereby conferred, and to apply the proceeds of
such sale according to law and said will. [Approved by the
Governor, April 15, 1846.]
Resolve on the Petition of Asa Prince and Mary S. Prince.
Chap 124. Resolved, for reasons set forth in said petition, that Ste-
phens Baker, guardian, before her marriage, of Mary S.
Guardian au- Priuce, a minor, and wife of Asa Prince, daughter and heir
thorized to sell of Nathaniel Black, Junior, late of Beverly, in the county
1846. Chap. 124, 125, 126. 243
of Essex, deceased, also guardian of Anna W. Black, and real estate in
Nathaniel Black, minor children and heirs of said Nathaniel *^" ^'
Black, Junior, be, and he hereby is authorized and empow-
ered to sell, at public or private sale, the following parcel of
real estate situated in said town of Beverly, and formerly
belonging to said Nathaniel Black, Junior, to wit : about
two acres of land, bounded northerly by land of Mehitable
Hammond and John Groves, easterly by land of Dumer-
esque and Charles Harris, southerly by land of Mark Wood-
bury, Junior, and westwardly by land of John A. Lowell ;
and that the said Stephens Baker be authorized to convey
the said land to the purchaser, by good and sufficient convey-
ance, in fee simple : provided, hotvever, that before making Promded, Sfc.
said conveyance, said guardian shall give bonds, with suffi-
cient surety or sureties, to the judge of probate for the county
of Essex, conditioned to hold or re-invest the proceeds of the
sale of said real estate, during the minority of said Mary S.
Prince, Anna W. Black, and Nathaniel Black, so as not to
affect the legal rights thereto in other persons, as now exist-
ing, with regard to the real estate, and further, faithfully to
execute the powers granted by this resolve. [Approved by
the Govei-nor, April 15, 1846.]
Eesolve on the Petition of Timothy Bailey. ChttV 125.
Resolved, for reasons set forth in said petition, that
Timothy Bailey, of Maiden, in the county of Middlesex, Executor of the
executor of the last will and testament of Thomas Vinton, villton '^mh^r
late of Stoneham, in said county, deceased, is hereby au- ized to' sell real
thorized and empowered to sell and convey, in fee simple, e^'ate m Mai-
at public or private sale, the whole or any part of the real
estate, now held by him under the said will, in trust for the
Baptist church in said Maiden, and to execute and deliver
any deeds which may be necessary to pass a complete title
to said real estate, or any part thereof, to the purchasers ;
the proceeds of such sale to be invested or secured by mort- Provided, &,c.
gage on real estate, for the benefit of said Baptist church,
agreeably to the provisions of said will : provided, that pre-
vious to any such sale, said executor shall give bond, with
sufficient sureties, to the judge of probate for the county of
Middlesex, for the faithful disposition of the proceeds of
such sale, and the income hereafter arising therefrom, agree-
ably to the provisions of the will aforesaid. [Ajiproved by
the Governor, April 15, 1846.]
Resolve on the Petition of Noah H. Colman. ChctV 126.
Resolved, for reasons set forth in said petition, that Sam-
uel Andrews, guardian, before her marriage, of Amy F. Guardian au-
Colman, formerly Amy F. Rich, daughter and heir of Sam- reaiie°in^"
uel Rich, late of Charlestown, county of Middlesex, de- Charlestown.
ceased, now wife of said Noah H. Colman, and a minor, is
244
1846. Chap. 126, 127.
hereby authorized to sell and convey, in fee simple, all the
interest said Amy F. Colman has in one undivided sixth
part of certain real estate, situated in said Charlestown, and
described and bounded as follows, to wit: northeasterly on
land now or formerly of Andrew Kettell, there measuring
fifty-one feet ; southeasterly on land now or formerly of
Benjamin Fiske, there measuring forty-three feet ; south-
westerly on land now or formerly of Isaac Blanchard, there
measuring fifty-one feet ; northwesterly on Pleasant street,
there measuring thirty-five feet, or however otherwise the
same may be bounded, together with certain buildings
thereon standing, it being the estate formerly of said Rich ; —
also one undivided fifth part of one undivided sixth of the
above described estate, it being the portion to which said
Amy F. Colman is entitled as heir at law of Eliza Rich, a
minor daughter, now deceased, of said Samuel Rich : -pro-
Provided, &c. vided, said Andrews shall, under authority of the probate
court for the county of Middlesex, together with the estate
of said Amy F. Colman, sell and convey three other undi-
vided sixth parts of the estate above described, and also
three other undivided fifths of one undivided sixth of the
estate aforesaid, which portions are the property of three
other minor children of said Rich, and who are under the
guardianship of said Andrews : provided^ also, that the pro-
ceeds of the sale of the above mentioned property of Amy
F. Colman, shall be held or reinvested by said guardian,
during the minority of said Amy F. Colman, so as not to
affect the legal rights and interests of other persons : and
provided further, that said Andrews shall first give bonds,
with sufficient sureties, to the judge of probate for the county
of Middlesex, faithfully to execute the powers granted by
this resolve, and account for the proceeds according to law.
\Approved by the Governor, April 15, 1846.]
Chap 127. Resolve on the Petition of Samuel Dana and Nancy Dana, his wife.
Resolved, for reasons set forth in said petition, that Sam-
uel Dana, of Boston, in the county of Suffolk, broker, and
Nancy, his wife, are authorized to sell, by public auction or
private sale, and to convey in fee simple to the purchaser
or purchasers, a certain piece or parcel of land, with the
buildings thereon, situated on Bulfinch place, in said Bos-
ton, and bounded as follows, to wit: beginning at the north-
west corner of the mansion house, now or late of Henry
Rice, and running northerly and bounded easterly on land
now or late of said Rice, about five feet ten inches ; then
turning and running westerly and bounded northerly on
said Bulfinch place, thirty -two feet ; then turning and run-
ning southerly and bounded westerly on Bowdoin street,
seventy feet nine inches ; then turning and running easterly
and bounded southerly on land now or late of said Rice,
Petitioners au-
thorized to sell
real estate in
Boston.
1846. Chap. 127, 128. 246
twenty-seven feet nine inches; then turning and running
northerly and bounded easterly on land and house now or
late of said Rice, sixty-three feet, to the point first men-
tioned : provided, that the said Samuel Dana, before mak- Provided, Sic.
ing such sale, shall give bond to die judge of probate for the
county of Siitfolk, with sutllcient sureties, conditioned that
he, the said Dana, will invest the proceeds of the sale of
said land and buildings, in other real property in this Com-
monwealth, and have the real property, purchased with said
proceeds, so conveyed, that it shall be secured to the said
Nancy Dana, for and during her natural life, and, after her
death, to the said Samuel Dana, during his natural life, if
he shall survive her, and, after the decease of the survivor
of them, to the child or children of the said Nancy who
shall then be living, in fee simple (the issue of a deceased
child taking the share of the parent by representation),
they, if more than one, taking as tenants in common ; and
if there shall be no issue of said Nancy living at the death
of the survivor of them, said Samuel and Nancy, then to
the heirs at law of Edmund Winchester, late of said Boston,
provision merchant, deceased : and provided also, that be-
fore such sale, all the children of said Samuel Dana and
Nancy Dana, then living, shall signify their assent to the
making of said sale, by said Samuel Dana and Nancy Dana,
of said land and buildings, under this resolve, by a writing,
to be filed in the probate office of said county of Suff"olk, to
be signed by any children of said Nancy and Samuel who
are of age, and by the guardian or guardians of those under
age. [Approved by the Governor, April 15, 1846.]
Resolves relating to certain Flats in the Harbor of Boston. ChctV 128.
Resolved, That the governor and coimcil be authorized
and requested to appoint three commissioners, of competent The governor
science and judgment, to examine the position of the flats in appobuhrer
the harbor of Boston, between South Boston and the chan- commissioners
nel, and lying opposite to the wharves on Sea and Broad ioexamme,&c.
streets, with a view to ascertain whether any improvement
can be made thereof, beneficial to the commerce of Boston,
and to report, before the first day of January next, such a Commissioners
plan of improvement as may appear to them to be feasi- ^n.T^isii.^'^
ble and judicious, and whether it would be beneficial to
straighten the commissioners' line between Arch wharf and
Wales's wharf
Resolved, That the governor be requested to draw war- Warrants to be
rants on the treasury to defray the expenses of said exami- expenses, &c?^
nation, and that, if said flats should hereafter be transferred
by the Commonwealth, it shall be with the condition that
all said expenses shall be repaid. ^ . . ,
7 , mi II T • Commissioners'
Resolved, 1 hat the governor be requested to communi- report to be
cate the report of said commissioners to the next Legisla- t^'JIig^Lg'^^sf'^
lure. [Approved by the Governor, April 16, 1846.] ture.^ ^'^
246 1846. Chap. 129, 130, 131.
f^hnn 129 Resolve to pay for certain Improvements in the Senate Chamber.
* Resolved, That the governor be requested to draw war-
Warrants to be rants on the treasury in favor of the sergeant-at-arms, for
drawn to pay g^^^ sutiis as may be necessary to pay the expenses which
fhefcTeSe °^ may be incurred in carrying into effect an order of the sen-
Chamber, &c. ate of the eighth day of April instant, for the procuring of
a carpet for the senate chamber, and for other purposes spe-
cified in said order. [Approved by the Governor, April 16,
1846.]
Phnn 1 '^n Resolve on the Petition of Selectmen of the Town of Halifax, for Reimburse-
K^nup i«JU. j^gjjj ^f Money paid for Military Services.
Resolved, for reasons set forth in said petition, that there
Allowance of be allowed and paid out of the treasury of the Common-
^^^'*' wealth, to the treasurer of the town of Halifax, the sum of
two hundred and seventy-four dollars in full for money paid
in the year one thousand eight hundred and forty-five, for
militia bounty, upon his establishing the claim of said town
to the same in manner and form, as if the return had been
made within the time specified by law ; and that the gov-
ernor draw his warrant accordingly. {Approved by the
Governor, April 16, 1846.]
r^hrfn 1 '^l Resolve in addition to a Resolve authorizing the Survey of South Bay and
^"'"r ^'-'*' Charles and Mystic Rivers.
Resolved, That his excellency the governor is hereby au"
Thegovemor, thorized and requested, with the advice and consent of the
with advice, ' couucil, to appoint ouc or more commissioners to ascertain
MmmLlonerf what private rights will be affected by adopting the precau-
to ascertain pri- tious and restrictions recommended or pointed out in the
vate rights, &-c. pgport and plans of the commissioners appointed for the sur-
vey of South Bay, Charles River and Mystic River and
Pond, what is the value of those rights, and what amount
of compensation will be required, by the proprietors, for the
necessary interference with them, also to examine the
wharves and other structures that have been built, or ex-
tended on the borders of the harbor of Boston, or within its
channels, by permission from the Legislature, granted since
the establishment of the line recommended by the commis-
sioners, in the year one thousand eight hundred and thirty-
seven, or otherwise, and to report the facts in all cases of
Commissioners violation of the law. And said commissioner or commis-
to issue notice, siouers shall give at least ten days' notice, in three or more
report,°&e!^ ^ newspapers published in Boston, of a time and place for
hearing, so that all persons interested may appear and be
heard in relation to the matters herein mentioned, and shall
make report of all doings thereon before the first day of De-
cember next, to the governor, who is hereby requested to
lay the same before the Legislature.
Resolved, That the governor and council are authorized
1846. Chap. 131, 132, 133, 134, 135. 247
to audit and allow the account of the commissioner or com- Appropriation
missioners so appointed, and that the governor, with the ad- hig"^500^ &c"
vice of the council, is hereby authorized to draw his warrant
on the treasurer of the Commonwealth, for such sum or sums
of money, not exceeding in the whole five hundred dollars,
as may be necessary to carry the foregoing resolves into
effect. [App7'oved by the Gove?yior, April 16, 1846.]
Resolve on the Petition of the Selectmen of the Town of Upton for Reimburse- Cfian 1 32.
ment for Money paid for Military Services. *
Resolved, for reasons set forth in said petition, that there
be allowed and paid out of the treasury of the Common- Allowance of
wealth, to the treasurer of the town of Upton, the sum of ^^^^'
two hundred and seventy -five dollars, in full for money paid
in the year one thousand eight hundred and forty-five, for
militia bounty, upon his establishing the claim of said town
to the same, in manner and form, as if the return had been
made within the time specified by law, and that the gov-
ernor draw his warrant therefor accordingly. [Approved
by the Governor, April 16, 1846.]
Resolve concerning Attachments on Processes issued by the Courts of the r^hnn 1 '^'^
United States. L^nap lOO.
Resolved, That the senators and representatives of this
Commonwealth in the congress of the United States, are Application for
hereby requested to use all proper exertions to procure the an act of con-
/T r* t t * fifrcss to dissolve
passage of an act of congress, declarmg that attachments of attachments by
the property of citizens of Massachusetts, by process issuing proceedings in
from the courts of the United States sitting in the district of '""" ^®"'^^' ^'
Massachusetts, shall be subject to be dissolved by the sub-
sequent proceedings in insolvency of the defendants, in such
suits, in like manner, as if the same were made under and
by virtue of process issuing from the courts of this Com-
monwealth. [Apj)roved by the Governor, April l&, 1846.]
Resolve on the Petition of the Selectmen of the Town of Middleborough for rihnv^ 1 '^/i
Military Services. U/tap 1«5^.
Resolved, for reasons set forth in said petition, that there
be allowed and paid out of the treasury of the Common- Allowance of
wealth, to the treasurer of the town of Middleborough, the P^^ so.
sum of seven hundred and sixteen dollars and fifty cents, in
full for money paid in the year one thousand eight hundred
and forty-five, for militia bounty, upon his establishing the
claim of said town to the same, in manner and form as if
the return had been made within the time specified by law,
and that the governor draw his warrant therefor accord-
ingly. [Approved by the Governor, April 16, 1846.]
Resolve in favor of Enos Turner. Chdt) 135.
Resolved, for reasons set forth in the petition of John S.
Tyler, that there be paid out of the treasury of the Com-
248 1846.— Chap. 135, 136, 137, 138.
Allowance of $6 monwealth, to Enos Turner, six dollars, for military servi-
vices'''*"^ ^^^' ^^s rendered during the year one thousand eight hundred
and forty-five, as major in the fifth regiment and first brig-
ade of artillery, upon his establishing his claim in the same
manner as if the return had been made within the time
specified by law, and that the governor draw his warrant
therefor accordingly. [Approved by the Governor^ April
16, 1846.]
Chan 136. I^^solve on the Petition of the Selectmen of the Town of Norton for reim-
" ° Ijursement of Money paid for Military Services.
Resolved^ for reasons set forth in said petition, that there
Allowance of be allowed and paid out of the treasury of the Common-
wealth, to the treasurer of the town of Norton, the sum of
one hundred and seventy-seven dollars, in full for money
paid in the year one thousand eight hundred and forty-five,
for militia bounty, upon his establishing the claim of said
town to the same, in manner and form as if the return had
been made within the time specified by law, and that the
governor draw his warrant therefor accordingly. [Ap-
proved by the Governor^ April 16, 1846.]
ChcLip 137. Resolve on the Petition of Nathaniel L. Taft and others.
Resolved^ for reasons set forth in said petition, that there
Aiiowanceofsi be paid out of the treasury of the Commonwealth, to Na-
members of'^'" thaniel L. Taft, Emery D. Bryant, Charles Eeland, Marvel
Company A, Parker, Chancy Nelson, Henry Tyler, Erastus Cook, An-
^"=- son W. Pond, William G. Collicott", Stock Hills, Daniel P.
Adams, Nathaniel Bosworth and Martin Fletcher, members
of the company of infantry, designated as Company A, of
the eighth regiment, fifth brigade and third division of the
Massachusetts volunteer militia, the sum of one dollar each,
for services rendered according to law, for the inspection in
May, in the year one thousand eight hundred and forty-
five, upon their establishing their claim to the same, in man-
ner and form, as if they had performed the requisite duties
for the full year, and the return had been made within the
time specified by law ; and that the governor draw his war-
rants therefor accordingly. [Approved by the Governor^
April 16, 1846.]
Chap 138. Resolve in relation to Rainsford Island in the Harbor, and the State Arsenal
in the City of Boston.
Resolved^ That his excellency the governor, by and with
The governor lo the advice and consent of the council, be authorized and
monweaith's'"' requested to inquire into and ascertain the title of the Com-
titie to Rains- mouwealth, to llaiusford Island, in the harbor of Boston, and
iheVt'ate Ars^-"^ to the State Arsenal, in the city of Boston, and that the
nai,and with ad- govcmor, by and with the advice and consent of the coun-
Tease to*^city of ^Hj havc power and is hereby authorized to release unto the
Boston.
1846. Chap. 138, 139, 140. 249
city of Boston, all the right and title of the Commonwealth
to said island and arsenal, upon such terms and considera-
tions, as, in their judgment, the interests of the Common-
wealth may require. [Approved by the Governor, April 16,
1846.]
Resolve oq the Petitioa of David Wilder, Jr. ChttT) 139.
Resolved^ for reasons set forth in the petition, that there
be allowed and paid out of the treasury of the Common- Allowance of
wealth, to David Wilder, Jr., the sum of four hundred dol- ^400 for extra
lars, for extra services rendered to the Commonwealth in treasurer's
the office of the treasurer, and that a warrant be drawn office,
therefor accordingly. [Approved by the Governor, April
16, 1846.]
Resolve on Petition of Mary A. D. Robinson, Administratrix. CflOp 140.
Resolved, for reasons set forth in the said petition, that
Mary A. D. Robinson, administratrix of the goods and es- Administratrix
tate of Thomas Robinson, late of Boston, broker, deceased, ThomaTRoliin-
(and her successor in said office,) be, and hereby is author- son authorized
ized and empowered to sell and convey any of the real es- |°je^|^c®*' ^^'
tate, rights or property which said Thomas Robinson trans-
ferred or conveyed to Ebenezer Eaton, in trust by a tripartite
instrument of assignment, dated the fourteenth day of June,
one thousand eight hundred and thirty-seven, recorded in
the registry of deeds for the county of Suffolk, book 460,
leaf 292, or by either of the deeds of the same date, recorded
in said registry, book 421, leaf 143, and book 427, leaf 180.
And the deed of said administratrix or her successor, in said
office, with the release or conveyance of said Eaton, his ex-
ecutor or administrator, made or to be made, in any case
shall be good and etfectual in law and in equity, to convey
such estate, rights or property or any part thereof, fully
divested and discharged of all trusts, mentioned in any of
said instruments, or resulting therefrom, or from any subse-
quent transfer of any such property, by or to said trustee,
or growing out of the same ; hereby expressly authorizing
and empowering said administratrix or her successor, to sell
and convey as aforesaid, the estates described in the deed
from said Eaton to said Robinson, dated December fifth,
one thousand eight hundred and thirty-seven, recorded in
said registry, book 427, leaf 297, and which said Robinson
afterwards conveyed to said trustee by deed dated May ninth,
one thousand eight hundred and thirty-eight,, recorded in
said registry, book 431, leaf 103, and also to confirm, render
valid and make effectual, in law and in equity, two certain
deeds made by said trustee to William P. Gibbs, dated June
fourteenth, one thousand eight hundred and forty-five, re-
corded in said registry, book 546, leaves 177 and 271, and
to execute and deliver to said Gibbs, his heirs or assigns,
32
260
1846. Chap. 140, 141, 142, 143.
Provided, Sec.
any further deed of release, or confirmation that may be
necessary or proper to perfect the title to said Gibbs, his
heirs or assigns, to the premises described in said deeds, and
any deeds or transfers heretofore made by said trustee, of
any of such trust property, and any sales and conveyances
which have been made by said administratrix, pursuant to
license from the court of probate, shall be as good and ef-
fectual in the premises, as if none of said trusts had ever
attached to said estates. It being, however, jirovided, that
said administratrix, or her said successor, shall first give
bond to the judge of probate for the county of Suff'olk, with
sufficient surety or sureties to apply the proceeds of such
sales, so far as may be necessary, to the payment of the
debts of said deceased, and to account for all the proceeds
that may remain after payment of such debts, and the
charges of administering the estate, and faithfully to perform
the trust reposed in her by this resolve.
Resolved, That this resolve shall take effect from and after
its passage. [Approved by the Governor, April 16, 1846.]
Chwp 141 . Resolve for Auditing and Paying the Accounts for Republishing the Laws.
Resolved, That the treasurer of the Commonwealth be
authorized and directed to audit, allow and pay, from the
treasury, to all persons having demands against the Com-
monwealth for publishing the laws of the State, who shall,
within ninety days after the adjournment of the present
General Court, make to him satisfactory proof that they have
complied with the requirements of the Resolve of June 25,
1794, except as to the time within which the publication is
required to be made, and that the governor be requested to
draw his warrant accordingly. [Approved by the Govertior,
April 16, 1846.]
When to take
effect.
Treasurer to
audit and pay
accounts, &c.
Chap 142.
Allowance of
Jg36,822 19.
Chap 143.
The Governor
with advice,
&c., to appoint
three commis-
sioners, to ob-
tain land, &c.
Resolve for the Payment of sundry Miscellaneous Accounts.
Resolved, That there be allowed and paid, out of the
public treasury, to the several corporations and persons
mentioned in the accompanying roll, the sums set against
their several names respectively, amounting in the whole to
thirty -six thousand eight hundred twenty-two dollars and
nineteen 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. [Appioved by the Governor,
April 16, 1846.]
Resolves for the Erection of a State Manual Labor School.
Resolved, That his excellency the governor, by and with
the advice and consent of the council, be, and he is hereby
authorized and empowered to appoint a board of three com-
missioners, who shall have power to select and obtain, by
gift or purchase, and take a conveyance to the Common-
1846. Chap. 143, 144, 145. 251
wealth, of a lot of land, containing not less than fifty acres,
which shall be an eligible site for a manual labor school,
for the employment, instruction and reformation of juvenile
offenders, regard being had, in the selection thereof, to the
centre of population, cheapness of living, and facility of
access. And that said commissioners shall further be di- to procure
reeled to procure plans and estimates for the buildings plans, devise
necessary for such an institution, and to prepare and ma- ^y**^®""' "•
ture a system for the government thereof, and to ascertain
what laws would be necessary and proper to put the same
into successful operation, and to report the result to his excel- to make report
lency the governor, in season to be communicated to the ^°^^^^ |^^"
Legislature at the commencement of their next session.
And the said commissioners shall present all their accounts Accounts of
to the governor and council to be by them audited and commissioners.
allowed as they may deem just.
Resolved, That to defray the expense incurred by the Appropriation
purchase of said land, and in the execution of the other ^°io^c^^ '°^
objects of the commission, his excellency the governor be,
and he hereby is, authorized to draw his warrants, from
time to time, on the treasury of the Commonwealth, for any
necessary sums of money, not exceeding in the whole ten
thousand dollars. [Appr'oved by the Governor^ April 16,
1S46.]
Chap 144.
Kesolve on the Petition of "William W. Cowell.
Resolved, for reasons set forth in the petition, that there
be paid out of the treasury of the Commonwealth to Wil- Allowance of
liam W. Cowell, deputy sheriff, twenty-one dollars and ^21 70 for ser-
seventy cents, in full for services and expenses attending ^en^sef b the"
the commitment, by order of the judge of probate of the commitment of
county of Norfolk, of Aaron Hoys, a lunatic, and that the aj^-^atic in Nor-
governor draw his warrant therefor accordingly. [Approved
by the Governor, April 16, 1846.]
Resolve on the Petition of the Managers of the Massachusetts Charitable njinn 145
Eye and Ear Infirmary. ir '
Resolved, for reasons set forth in the petition, that there
be allowed and paid out of the treasury of the Common- anc"e"of ^5',ooo
wealth, in addition to the sums heretofore granted, the sum jpr tiiree years
of five thousand dollars a year, to the said managers, for i8«, in^'addi-
the term of three years, from the first day of April, in the tion, &c.
year eighteen hundred and forty-six, in aid of the charita-
ble purposes of the said infirmary, and that warrants be
drawn accordingly : provided, however, and the above grant Provided, &c.
is upon the condition, that the said infirmary shall, within
one year from the first day of April, in the year eighteen
hundred and forty-six, receive, either from the city of Bos-
ton, or some other source or sources, either money or prop-
erty to the amount and value of ten thousand dollars, in
252
1846. Chap. 145, 146, 147.
Chap 146.
Allowance of
;g33,64i2 21.
Provided, &c.
ChapUl.
The Governor,
with advice,
&c., authorized
to appoint com-
missioners to
examine certain
accounts.
and make re-
port to the next
Legislature.
Cities or towns
whose claims
are over-
charged, to be
held answera-
ble to the Com-
monwealth for
such over-
charge.
Commissioners
to examine
papers, records,
and persons,
&c.
further aid of the said charitable purposes. [Approved by
the Governor, April 16, 1846.]
Resolve for the Payment of Sundry Pauper Accounts.
Resolved, That there be allowed and paid out of the trea-
sury of the Commonwealth, to the several corporations and
persons mentioned in the accompanying roll, the sum of
thirty-three thousand six hundred and forty-two dollars
and twenty-one cents, in full discharge of the accounts to
which they refer, and that a warrant be drawn accordingly:
provided, that all payments made under this resolve, shall
be made upon the condition that the cities and towns, so
receiving the same, shall respectively refimd to the trea-
surer of the Commonwealth such sums as shall be found to
have been illegally charged in the accounts upon which
such payments are made, by any commissioner appointed
by the governor to examine the same. [Approved by the
Gover7ior, April 16, 1846.]
Resolve concerning the State Pauper Accounts of the Year One Thousand
Eight Hundred and Forty-five.
Resolved, That his excellency the governor, by and with
the advice of the council, is hereby authorized and empow-
ered to appoint a commissioner or commissioners, who shall
have power, and are hereby authorized to make a full ex-
amination of all claims, presented by any city or town in
the Commonwealth, to the Legislature of the present year
for the support of State paupers, except those already con-
sidered by the committee on accounts, in their report of the
eighth day of April, in the year one thousand eight hun-
dree and forty-six. And make a statement and report of all
overcharges in said claims, under the existing laws of the
Commonwealth, to the next Legislature. And each city or
town whose claim, as presented to the Legislature, shall be
found to be overcharged, shall be held answerable to the
Commonwealth for such overcharge ; and such city or town
shall be charged with the same accordingly, and be held
accountable therefor, to the treasurer of the Commonwealth.
And said commissioner or commissioners are hereby author-
ized and empowered to examine all persons under oath,
and all papers and records in each city or town aforesaid,
that may be necessary to the full discharge of the duties
hereby required. [Apj)roved by the Governor, April 16,
1846.]
MILITARY ACCOUNTS.
253
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254
MILITARY ACCOUNTS.
m
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Dec. 31, 1844, -
Sept. 1, 1845,
Dec. 31, 1844, -
It (C u
Sept. 15, 1845, -
Jan. 15, 1845,
Dec. 31, 1844, -
Sept. 9, 1845,
Dec. 31, 1844, -
Aug. 30, 1845, -
Dec. 31, 1844, -
Feb. 5, 1845,
Dec. 31, 1844, -
Sept. 17, 1844, -
Dec. 31, 1844, -
S
F. J. Noyes, -
Jona. Arnold, Jr.,
F. Allen,
J. W. Currier,
J. Sampson, Jr.,
E. W. Wilbur,
John H. Fellows,
G. Ferrin, - . -
William Brown,
H. Merritt, -
J. M. Goodhue,
J. J. Walker,
H. Kibling, -
T. B. Bartlett,
D. B. Look, -
Amos H. Holbrook, -
J. H. Perry, -
F. A. Whitney,
Asa W. Warren,
Francis Dresser,
II Ill s^
t, ^ s . 7 . ?
■<?' W 1-1 CO -^ U5 O 00 Oi i-< 1-1 rH <rj rl (N 1-1
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MILITARY ACCOUNTS.
255
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256
MILITARY ACCOUNTS.
POSTAGE ACCOUNTS.
Col. Thomas J. Bowler,
" Elisha A. Edwards,
Maj. P. S. Bates,
Gen. Benjamin Adams,
" D. S. Jones, .
" George Hobbs,
Adjt. John H. Perry,
Col. E. W. Stone, .
*See bill for services as Adjutant.
RECAPITULATION.
|3 45
921
1 25
1 40
1 75
2 50
*2 25
3 75
$17 271
Division Inspectors,
Brigade do.
Adjutants, .
Hauling Artillery, .
Postage,
Total,
W. J. Niles,— bill, .
$75
00
152
77
439
30
964 83
17 27i
$1649
17'^
15
00
$1664 17|
ASSESSORS' ACCOUNTS.
257
ROLL OF ASSESSORS' ACCOUNTS,
For taking Statistics, 1845.
[See Chap. 114, Page 238.]
Towns.
Whole am't
charged.
Amount allowed.
SUFFOLK COUNTY.
Boston,
Chelsea,
ESSEX COUNTY
Amesbury,
Andover,
Beverly,
Boxford,
Bradford,
Danvers,
Essex,
Georgetown,
Gloucester,
Hamilton,
Haverhill,
Ipswich,
Lynn,
Lynnfield,
Manchester,
Marblehead,
Methuen,
Middleton,
Newbury,
Newbury port,
Rockport,
Rowley,
Salem,
Salisbury,
Saugus,
Topsfield,
Wenham,
West Newbury,
MIDDLESEX COUNTY.
Acton,
Ashby,
Bedford,
Billerica,
Boxborough,
Brighton,
Burlington, .
Cambridge, .
33
#30 00
50 00
15 62
93 75
20 00
30 00
15 00
$7 00
7 00
3 62
33 75
4 00
9 00
3 00
#142 50
7 50
150 00
#26 25
35 00
45 00
13 12
16 25
50 00
22 50
23 00
43 75
15 00
43 00
15 63
29 37
8 75
15 00
45 00
13 75
12 00
37 50
60 00
3 75
12 50
60 00
26 25
7 50
16 00
13 75
13 75
723 37
#15 00
15 00
13 12
21 25
11 25
21 00
12 00
55 00
258
ASSESSORS' ACCOUNTS.
Towns.
Whole am't
charged.
Amount allowed.
Carlisle,
Charlestown,
Chelmsford, .
Concord,
Dracut,
Dunstable, .
Framingham,
Groton,
HoUiston,
Hopkinton, .
Lexington, .
Lincoln,
Littleton,
Lowell,
Maiden,
Marlborough,
Medford,
Natick,
Newton,
Pepperell, .
Reading,
Sherburne, .
Shirley,
Somerville, .
South Reading,
Stoneham, .
Stow,
Sudbury,
Tewksbury, .
Townsend, .
Tyngsborough,
Waltham,
Watertown, .
Wayland,
West Cambridge,
Westford,
Weston,
Wilmington,
Woburn,
WORCESTER COUNTY.
Ashburnham,
Athol,
Auburn,
Barre,
Berlin,
Bolton,
Boylston,
Brookfield,
Blackstone,
Charlton,
Dana,
Douglas,
Dudley,
Fitchburg,
$43 75
37 50
15 00
20 00
$15 75
9 50
3 00
4 00
25 00
20 00
3 00
4 00
30 00
41 25
4 00
17 25
$11 25
12 50
15 00
28 00
10 62
9 00
18 75
28 00
20 63
15 00
15 00
12 00
16 00
75 00
16 25
18 75
11 25
18 75
31 25
22 00
25 00
10 00
9 37
11 25
15 00
15 00
15 00
15 00
16 00
18 00
8 75
15 00
18 75
11 25
16 25
11 25
15 00
7 50
26 25
848 24
$13 75
10 62
15 00
28 75
15 00
15 00
11 25
26 00
22 50
25 00
14 37
24 00
22 55
30 00
ASSESSORS' ACCOUNTS.
259
Towns.
Whole am't
charged.
Deduct ov
charged,
Amount allowed.
Gardner,
Grafton,
Hardwick,
Harvard,
Holden,
Hubbardston,
Lancaster,
Leicester,
Leominster,
Lunenburg,
Mendon,
Milford,
Millbury,
New Braintree,
Northborough,
Northbridge,
North Brookfield,
Oakham,
Oxford,
Paxton,
Petersham, .
Phillipston, .
Princeton, ,
Royalston, .
Rutland,
Shrewsbury,
Sterling,
Southborough,
Southbridge,
Spencer,
Sutton,
Sturbridge, .
Templeton, .
Upton,
Uxbridge, .
Warren,
Webster,
Westborough,
West Boylston,
Westminster,
Winchendon,
Worcester, .
HAMPSHIRE COUNTY.
Amherst,
Belchertown,
Chesterfield,
Cummington
Easthampton
Enfield,
Granby,
Greenwich,
Goshen,
Hadley,
Hatfield,
$30 62
18 75
29 37
35 62
30 00
52 50
28 75
$7 62
4 75
6 37
7 62
6 00
22 50
3 75
$21 00
29 37
15 00
23 00
20 00
13 75
15 00
15 00
22 50
10 00
15 62
16 25
15 00
14 00
11 25
12 50
18 75
7 50
25 00
15 00
17 50
10 00
6 25
16 25
11 25
23 00
18 00
14 37
28 00
13 75
20 62
25 00
24 00
16 25
30 00
18 75
12 50
15 00
15 00
25 00
17 50
30 00
1017 27
$25 00
31 25
8 75
18 75
7 50
15 00
16 25
13 75
6 25
26 25
11 25
260
ASSESSORS' ACCOUNTS.
Towns.
Whole am't
charged.
Deduct over-
charged
Amount allowed.
Middlefield, .
Northampton,
Norwich,
Pelham,
Plainfield, .
Prescott,
South Hadley,
Southampton,
Ware,
Westhampton,
Williamsburg,
Worthington,
HAMPDEN
Blandford,
Brimfield,
Chester,
Granville,
Holland,
Longmeadow,
Ludlow,
Monson,
Montgomery,
Palmer,
Russell,
South wick,
Springfield,
Tolland,
Wales,
Westfield,
West Springfield,
Wilbrahara, .
FRANKLIN
Ashfield,
Bernardston,
Buckland,
Charlemont,
Coleraine,
Conway,
Deerfield,
Erving,
Gill,
Greenfield,
Hawley,
Heath,
Leyden,
Leverett,
Monroe,
Montague,
New Salem,
Northfield,
Orange,
Rowe,
COUNTY.
$27 50
22 50
27 50
31 25
37 50
#4 50
7 50
7 50
8 25
6 50
50 00
12 00
COUNTY.
45 00
17 00
45 00
$8 33
20 00
10 00
11 25
13 13
15 00
15 00
10 62
22 50
15 CO
11 25
12 50
344 58
#18 75
18 75
22 50
23 00
15 00
20 00
23 00
30 63
15 62
31 00
10 62
7 50
50 00
10 00
10 00
33 75
38 00
15 00
20 00
393 12
$18 12
16 25
7 50
10 00
16 87
21 25
28 00
7 50
15 00
11 25
11 25
10 00
10 00
16 25
6 25
12 50
7 50
23 75
25 00
11 25
ASSESSORS' ACCOUNTS.
261
Towns.
Whole am't
charged.
Deduct over-
charged.
Amount allowed.
Shelburne, ....
#15 00
Shutesbury, .
,
, ,
, .
15 00
Sunderland, .
$16 25
#3 25
13 00
Warwick,
.
^
15 00
Wendell, .
. .
^ ,
13 75
Whately, .
•
•
15 00
372 24
BERKSHIRE COUNTY.
Adams, ....
, ,
« •
$38 75
Alford,
9 38
Becket,
12 50
Cheshire,
13 75
Clarksburg, .
6 25
Dalton,
14 38
Egremont, .
26 2^
6 21
20 00
Florida.
11 25
Great Barrington,
30 00
Hancock,
13 75
Hinsdale,
15 00
Lanesborough,
12 50
Lee,
25 00
Lenox,
16 25
Mount Washington,
6 25
New Ashford,
6 25
N. Marlborough,
18 75
Otis,
20 00
Peru,
4 37
Pittsfield, .
41 87
Richmond, .
15 00
Sandisfield, .
20 25
Savoy,
15 00
Sheffield, .
'75 0(
)
'40 0(
3
35 00
Stockbridge,
23 75
Tyringham, .
10 00
W. Stockbridge,
10 00
Williarastown,
20 00
Windsor,
11 25
Washington,
13 75
510 25
NORFOLK COUNTY.
Braintree, ....
, ,
, .
#25 00
Bellingham, .
20 00
3 00
17 00
Brookline, .
^ ^
.
20 00
Canton,
.
.
12 50
Cohasset,
.
^ ^
17 50
Dedham,
.•
.'51 25
11 25
40 00
Dover,
.
.
5 62
Dorchester, .
^ ^
.
50 00
Foxborough,
26 87
6 87
20 00
Franklin,
37 50
12 50
25 00
Medfield,
.
.
9 38
Medway,
, .
^ ^
20 00
Milton,
30 00
7 00
23 00
Needham, .
.
.
.
.
15 00
262
ASSESSORS' ACCOUNTS.
Towns.
Whole am't
charged.
Deduct over
charged.
Amount allowed.
Quincy, . . . .
#17 50
Randolph,
, ,
.
35 00
Roxbury,
#126 25
#46 25
80 00
Sharon,
, ,
16 25
Sloughton,
1 '. '.
18 13
Walpole,
'25 06
3 00
22 00
Weymouth,
, ,
21 25
Wrentham, .
40 00
' 8 GO
32 00
BRISTOL COUNTY.
542 13
Attleborough,
^ ^
#37 50
Berkley,
. ^
12 50
Dartmouth,
30 00
Dighton,
.
15 00
Easton,
. ,
22 50
Fairhaven,
153 75
i03 75
50 00
Fall River,
48 43
Freetown,
31 25
Mansfield,
*30 06
* 5 06
25 00
New Bedford
,
.
75 00
Norton,
40 00
*17 06
23 00
Pawtucket,
.
15 00
Raynham,
.
17 50
Rehoboth, .
.
30 00
Seekonk,
. .
25 00
Somerset,
20 00
* 3 06
17 00
Swansey,
40 00
17 00
23 00
Taunton,
.
65 00
Westport, .
■ •
26 56
PLYMOUTH COUNTY.
589 24
Abiiigton, ....
, ^
$28 75
Bridgewater,
^
24 37
Carver,
, ^
[
16 25
Duxbury,
, ,
[
20 00
E. Bridgewater,
30 00
5 06
25 00
Halifax,
.
10 62
Hanover,
26 25
5 25
21 00
Hanson,
30 00
14 00
16 00
Hingham, .
.
30 00
Hull,
,
[
8 75
Kingston,
.
10 00
Marshfield, .
.
27 50
Middleborough,
'61 25
'n 25
50 00
N. Bridgewater,
, ^
.
25 00
Pembroke, .
25 00
5 06
20 00
Plymouth, .
,
30 00
Plympton, ,
21 25
' 5 25
16 00
Rochester, .
.
1
35 00
Scituate,
.
26 25
Wareham, .
.
25 00
W. Bridgewal
er.
•
•
19 38
484 87
ASSESSORS' ACCOUNTS.
263
Towns.
Whole an
charged
n't Deduct over- . . n .
charged. Amount allowed.
BARNSTABLE COUNTY.
Barnstable, ....
^ ,
, ,
$33 75
Brewster,
11 25
Chatham,
2 50
Dennis,
12 50
Eastham,
11 00
Falmouth, .
12 50
Harwich,
10 00
Orleans,
18 75
Provincetown,
5 00
Sandwich, .
17 50
Truro,
8 75
Wellfleet, .
13 75
Yarmouth, .
16 25
173 50
DUKES COUNTY.
Chilmark, ....
#21 2.
5 #6 2.
5 #15 00
Edgartown, ....
27 5(
3 2 5(
3 25 00
Tisbury, . .
30 0(
3 7 0(
3 23 00
63 00
NANTUCKET COUNTY.
Nantucket, ....
•
#22 50
RECAPITULATION.
Suflfolk County,
Essex
Middlesex
Worcester
Hampshire
Hampden
Franklin
Berkshire
Norfolk
Bristol
Plymouth
Barnstable
Dukes
Nantucket
$150 00
723 37
848 24
1017 27
344 58
393 12
372 24
510 25
542 13
589 24
484 87
173 50
63 00
22 50
$6234 31
264 MISCELLANEOUS ACCOUNTS.
STATE LUNATIC PAUPERS.
[See Chap. 142, Page 250.]
County of Suffolk, for support of 95 State lunatic
paupers,
County of Essex, for support of 37 State lunatic
paupers.
County of Middlesex, for support of 25 State lu-
natic paupers.
County of Worcester, for support of 2 State lu-
natic paupers,
State Lunatic Hospital, for support of 98 State
lunatic paupers,
County of Hampden, for support of 1 State lu-
natic pauper.
County of Norfolk, for support of 2 State lunatic
paupers,
County of Bristol, for support of 3 State lunatic
paupers.
County of Berkshire, for support of 2 State luna-
tic paupers,
City of Lowell, for support of 2 State lunatic pau-
pers.
Town of Nantucket, for support of 1 State lunatic
pauper.
Town of Cummington, for support of 1 State lu-
natic pauper,
Town of Northampton, for support of 1 State lu-
natic pauper.
Town of Lincoln, for support of 1 State lunatic
pauper,
INDIAN ACCOUNTS.
Nathaniel Hunt, guardian, for the support of the
Dudley Indians, in the town of Webster, for the
years 1844 and '45, $607 48
Holder Wadell, agent, for the support of the Wa-
tuppa Indians, in the town of Fall River, for the
year 1845, 175 83
$10,170 52
3,512 91
2,023 78
176 10
7,954 43
78 00
224 70
131 27
224 70
94 20
73 05
132 68
61 15
16 80
$24,874 29
MISCELLANEOUS ACCOUNTS. 265
Thomas French, guardian of Punkapoag tribe of
Indians, for twenty years' service as guardian, $200 00
$983 31
SMALL POX PAUPERS.
Town of New Bedford, for the support of Edwin
Pillsbury and Henry Evans, |119 60
Town of Stockbridge, for the support of George
Clark, 114 92
Town of Springfield, for the support of Arunah Ab-
bot and Edward Griffith, 246
Town of Roxbury, for the support of Edward
Hall, 45 00
$525 42
CORONERS' ACCOUNTS.
Suffolk County— William Andrews, to Nov. 30, 1845,
WiUiam Andrews, to March 19, 1846,
Jabez Pratt, to Jan. 11, 1846,
Charles Smith, to Jan. 26, 1846,
Essex County — Theodore Andrews, to Dec. 6, 1845,
Plummer Chesley, to Feb. 13, 1846,
William Ferson, to July 10, 1845,
Middlesex County — Thomas Sumner, to April 3, 1846,
Nathaniel Watson, to June 15, 1845,
Worcester County. — Horace Newton, to Aug. 26, 1845,
Sullivan Thayer, to Aug. 26, 1845,
Norfolk County. — Martin Bates, to July 14, 1845,
Lewis Bass, to June 10, 1845,
Lewis Bass, to April 8, 1846,
Isaac H. Messerve, to June 11, 1845,
Bristol County. — David Silvester, to July 24, 1845,
Harvey Harnden, to July 5, 1845,
Plymouth. — David Peckham, to Sept. 19, 1845,
Nantucket.— E. M. Hinckley, to March 15, 1846,
$87 74
17 04
147 76
334 80
16 00
76 07
24 30
59 64
13 56
13 50
23 70
17 54
50 30
16 54
10 00
14 03
48 78
20 86
36 00
$1028 16
34
266 MISCELLANEOUS ACCOUNTS.
SHERIFFS' ACCOUNTS.
Suffolk County.— Joseph Eveleth, to Feb. 23, 1846,
Essex " Joseph E. Sprague, to Feb. 16, 1846,
Middlesex " Samuel Chandler, to Nov. 20, 1845,
Worcester " John W. Lincoln, to Nov. 20, 1845,
Hampshire " S. L. Hinckley, to Feb. 16, 1846,
Hampden " C. Rice, to Dec. 12, 1845,
Franklin " John Nevers, to Nov. 1845,
Berkshire " E. F. Ensign, to Dec. 5, 1845,
Norfolk " J. N. E. Mann, to Jan. 1, 1846,
Bristol " H. L. Danforth, to Dec. 1845,
Barnstable " Nathaniel Hinckley, to March 26,
1846,
Plymouth " Branch Harlow, to Dec. 31, 1845,
Dukes " Isaiah D. Pease, to Nov. 1845,
Nantucket " E. Starbuck, to Nov. 1845,
$5
75
68
33
84 98
96
61
77 59
41
55
55
71
92
46
44 35
86
76
32 46
L02
59
14 33
19
40
$822 87
MISCELLANEOUS ACCOUNTS.
J. H. Bufford & Co., for engraving,
C. Cleveland, for funeral of W. Cook,
Parker Fowle & Son, for carpets,
Kitteredge and Blake, for furniture,
Peter Low, for binding books,
Wm. Learned, for use of Old South Church,
James Loring, for registers,
Stephenson, Howard & Davis, for duplicate measures,
Eben. Shute, for constable service,
A. H. Whitney, for visiting charitable institutions,
J. S. Withington, for chorister at church,
G. B. Wheeler, for repairs, &c. at State House,
Charles Brooks, for hard ware,
Asa Swallow, for mason work,
C. W. Haven, for painting,
John G. Loring, for plumber's work, pumps, &c.,
Ives & Perry, for stoves, &c.,
Essex County, for the support of Mary Sigourney,
in the House of Correction, to Sept. 4, 1845,
Joseph Stone, expenses in visiting charitable insti-
tutions,
Benjamin Stevens, balance of his account,
" " to pay sundry bills.
Brown & Severance, for coach hire for Council and
Visiting Committees, 82 33
$S 50
6 25
7
67
66 87
242
05
40 00
16
20
371
00
26 50
11
00
22
00
680
72
53 94
45
29
169
20
61
46
63 25
21
56
8
90
46 21
798
94
12
85
6
50
33
00
9
39
9
40
8
95
8
95
42 00
42 23
20
83
151
36
28
75
MISCELLANEOUS ACCOUNTS. 267
John Coe, board, watching, medical attendance,
&c., during the sickness of Walter Cook,
N. Bishop, attending funeral of " "
George Cook's expenses to Boston,
Rodney Gove's bill, funeral expenses W. Cook,
Oliver Felt, for visiting public Charitable Institu-
tions,
Charles E. Cook, " " " "
Tim. Gridley, " " " "
A. Smith, '' '' " "
Little & Brown, for Metcalf's Reports, 12 vols.,
John T. Prince & Co., for stationery for Senate,
Eayres & Fairbanks, " "
Charles Stimpson, " "
Roberts & Thaxter, for binding books "
Charles Calhoun, for making 2d edition Rail-road
map, as per Resolve of March 20, 1845, and
completing the General Index of the journals
of the Senate, per order of March 25, 1845,
176 days, at 4 dollars per diem,
Nathaniel Greene, for postage,
Joshua Whittemore, for labor performed at State
House,
A. Smith and J. M. Earle, for expenses paid visiting
the public Charitable Institutions,
N. H. Streeter, for coach to Charlestown, for Com-
mittee on Prisons,
O. W. Allen, for stationery,
Maynard & Noyes, for ink, <S6c.,
Eayres & Fairbanks, for stationery for use of House
of Representatives,
Treasurer's office,
Secretary's office and Council,
Adjutant General's office,
J. Milton Earle, for expenses paid visiting Hospi-
tals, Asylums, &c.,
704 00
42 49
53 30
2 80
6 00
8 07
4 25
798 03
31 52
690 75
107 46
11 27
$5,727 29
268
NEWSPAPER ACCOUNTS.
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270
NEWSPAPER ACCOUNTS.
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271
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272 MISCELLANEOUS ACCOUNTS.
RECAPITULATION.
State Lunatic Paupers, $24,874 29
Indian Accounts, 983 31
Small Pox Patients, 525 42
Coroners' Accounts, 1,028 16
Sheriffs' Accounts, 822 87
Miscellaneous Accounts, 5,727 29
Publishing Laws, Printing and Papers, 2,860 85
$36,822 19
PAUPER ACCOUNTS.
273
Boston,
Chelsea,
ROLL OF PAUPER ACCOUNTS.
[See Chap. 146, Page 252.]
COUNTY OF SUFFOLK.
for the support of State Paupers in
the House of Industry and Refor-
mation, (the burial of paupers and
small pox patients included,) ^10,453 05
for the support, &c., of State Paupers, 114 93
$10,567 98
COUNTY OF ESSEX.
Amesbury,
Andover,
for the suppo
same,
rt, &c..
of Stat(
3 Paupe
rs, $2 40
152 40
Beverly,
same.
2 94
Danvers,
same.
308 44
Essex,
same.
51 10
Georgetown,
same,
142 04
Gloucester,
same.
82 92
Haverhill,
same,
33 95
Lynn,
same.
167 51
Manchester,
same,
80 64
Methuen,
same.
48 58
Newbury,
Newburyport,
Rockport,
Rowley,
Salem,
same,
same,
same,
same,
same.
165 91
264 34
250 60
6 40
. 1033 44
Salisbury,
same.
40 05
Saugus,
same,
51 10
Topsfield,
W. Newbury,
same,
same,
36 89
25 97
$2947 62
COUNTY OF MIDDLESEX.
Acton, for the support, &c., of State Paupers, $13 72
Ashby, same, . . . . 25 55
Billerica, same, . . . . 25 06
Brighton, same, . . . . 34 22
35
274
PAUPER ACCOUNTS.
Cambridge,
Charlestown
Chelmsford,
Concord, same,
Dracut, same,
Groton, same,
Holliston, same,
Hopkinton, same,
Littleton, same,
Lowell, same,
Maiden, same,
Marlborough, same,
Medford, same,
Natick, same,
Newton, same,
Somerville, same.
South Reading, same,
Stoneham, same,
Townsend, same,
Tyngsborough, same,
Waltham, same,
Watertown, same,
Wayland, same,
Westford, same,
Wilmington, same.
for the support, &c., of State Paupers
same,
same,
5, $1187
05
2916
55
8
68
56
38
22
44
17 50
25
97
16
04
130
19
1474 06
75
51
7 21
10
57
1
05
67
78
53 48
10 29
26
39
2
10
18
41
68 81
165 84
6
51
8
12
37 25
16412 73
COUNTY OF WORCESTER.
Ashburnham,
for the support, &c.,
of State Paupe
;rs, $7 00
Athol,
same, . . . . 2 45
Blackstone,
same,
11 76
Charlton,
same.
6 61
Dana,
same.
43 68
Grafton,
same,
2 24
Hard wick.
same.
20 37
Holden,
same.
31 34
Hubbardston,
same.
12 00
Leicester,
same,
67 17
Leominster,
same,
24 82
Lunenburg,
same.
2 45
Mendon,
same.
13 23
Milford,
same.
25 55
Northborough,
same.
25 55
N. Brookfield,
same,
17 15
Oxford,
same.
76 65
Paxton,
same.
69 35
Princeton,
same,
3 43
PAUPER ACCOUNTS.
275
Shrewsbury,
for the support, &c.j of State Paupers,
$19 53
Spencer,
same, ....
61 52
St urb ridge,
same, ....
28 11
Upton,
same, ....
25 55
Uxbridge,
same, ....
82 35
Winchendon,
same, ....
14 70
Worcester,
same, ....
273 91
$968 47
Amherst,
Belchertown,
Cummington,
Easthampton,
Granby,
Hatfield,
Middlefield,
Northampton,
Plainfield,
Ware,
Westhampton,
Worthington,
COUNTY OF HAMPSHIRE.
for the support, (fcc., of State Paupers,
same,
same,
same,
same,
same,
same,
same,
same,
same,
same,
same,
COUNTY OF HAMPDEN.
s, $106
75
30
94
27 72
110 31
25
55
23
45
51
80
314 34
12 00
14 26
68
88
42 70
$828 70
Blandford,
for the support, &c.,
of State Paupers, $91 52
Brimfield,
same, .... 143 34
Chester,
same.
18 48
Granville,
same,
25 55
Ludlow,
same.
156 45
Monson,
same,
150 19
Palmer,
same,
129 22
Russell,
same,
89 52
South wick.
same.
2 50
Westfield,
same.
146 24
W. Springfield,
same.
49 58
$1002 59
COUNTY OF FRANKLIN.
Bernardston, for the support, &c., of State Paupers, $20 23
Charlemont, same, .... 135 05
Coleraine, same, . . . . 114 36
276
PAUPER ACCOUNTS.
Conway,
for the support, &c., of State Paupers,
|63 67
Deerfield,
same, ....
25 55
Gill,
same, ....
25 55
Greenfield,
same, ....
51 10
Leyden,
same, ....
76 65
Shelburne,
same, ....
25 55
Shutesbury,
same, ....
161 65
Whately,
same, ....
25 55
$724 91
COUNTY OF BERKSHIRE.
Adams,
for the support, &c..
Becket,
same,
Cheshire,
same.
Dalton,
same.
Egremont,
same.
Gt. Barrington,
same,
Hancock.
same,
Hinsdale,
same.
Lee,
same.
Lenox,
same,
Peru,
same.
Pittsfield,
same,
Richmond,
same.
Sheffield,
same,
Stockbridge,
same,
Tyringham,
same.
Washington,
same.
Williams town.
same.
Windsor,
same,
of State Paupers,
^s, |326
05
74 48
90
61
39
12
79
00
84 83-
65
70
25
55
135
22
154 43
74
15
274 17
51
10
25
55
198
82
59 04
140
94
96
03
21
14
$2015 93
COUNTY OF NORFOLK.
Brain tree,
for the support, &c.,
Brookline,
same,
Canton,
same,
Dedham,
same,
Dorchester,
same,
Foxborough,
same.
Franklin,
same.
Medfield,
same.
Med way.
same,
Milton,
same,
Needham,
same,
Quincy,
same,
of State Paupers,
$90
77
25
55
59
82
19
26
37 69
7 56
20 04
3
95
5
53
105
85
39
97
131
03
PAUPER ACCOUNTS.
277
Randolph,
Roxbury,
Sharon,
for the support, &c., of State Paupers, $276 56
same, . . . . 1114 78
same, . . . . 25 55
Stoughton,
same, . . . . 67 46
Walpole,
Weymouth,
Wrentham,
same, . . . . 4 80
same, . . . . 73 60
same, . . . . 32 98
$2142 75
Dartmouth,
Easton,
Fairhaven,
Fall River,
New Bedford,
Rehoboth,
Seekonk,
Somerset,
Taunton,
Westport,
COUNTY OF BRISTOL.
for the support, &c., of State Paupers
same,
same,
same,
same,
same,
same,
same,
same,
same.
$118
20
22
79
138
48
567
34
908
66
167 45
4
62
25
55
117
95
51
10
$2122 14
COUNTY OF PLYMOUTH.
Abington, for the support, &c..
of State Paupers, $25 55
Bridgewater, same, . . . . 7 36
Duxbury, same.
54 49
E. Bridgewater, same,
106 60
Halifax, same,
287 00
Hanover, same.
14 60
Hingham, same,
31 57
Marshfield, same,
4 06
Middleborough, same,
76 94
N. Bridgewater, same.
88 95
Pembroke, same.
89 27
Rochester, same,
54 75
Scituate, same.
76 73
Wareham, same.
70 08
W. Bridgewater, same.
3 71
$997 66
COUNTY OF BARNSTABLE.
Brewster, for the support, &c.,of State Paupers, $51 10
Chatham, same, . . . . 25 55
278
PAUPER ACCOUNTS.
Dennis,
Harwich,
Orleans,
Sandwich,
Yarmouth,
Nantucket,
for the support, «S6c., of State Paupers, $22 40
same, . . . . 56 13
same, . . . . 25 55
same, . . . . 25 55
same, . . . . 28 00
$234 28
COUNTY OF NANTUCKET.
for the support, &.C., of State Paupers, $399 93
DUKE'S COUNTY.
Chilmark, for the support, &c., of State Paupers, $25 55
INDIAN RETURNS.
Marshpee, for the support of State Paupers,
Herring Pond Plantation, same,
AMENDMENT.
$346 15
38 01
$384 16
Lanesborough,
for the support, &c.,
of State Paupers, $197 05
W. Stockbridge
same, , . . . 79 59
Lincoln,
same.
8 75
Sandisfield,
same,
40 15
Egremont,
same.
121 77
Webster,
same.
182 15
Otis,
same.
43 75
Truro,
same,
25 55
Carlisle,
same,
25 55
Plymouth,
same,
88 70
New Braintree,
same.
16 58
Goshen,
same.
15 96
Hanson,
same,
2 17
Swanzey,
same.
118 59
W. Cambridge,
same.
2 38
Springfield,
same.
486 23
Petersham,
same,
36 20
Lexington,
same.
50 43
Paw tucket.
same.
163 97
Framingham,
same.
60 15
Woburn,
same.
12 45
Lancaster,
same.
30 24
Westborough,
same,
58 45
$1866 81
PAUPER ACCOUNTS.
279
RECAPITULATION.
Suflfolk County,
Essex "
Middlesex "
Worcester "
Hampshire, "
Hampden "
Franklin, "
Berkshire "
Norfolk "
Bristol "
Plymouth, "
Barnstable "
Dukes, "
Nantucket, "
Indian Returns,
Amendment,
73
47
70
59
$10,567 98
2,947 62
6,412
968
828
1,002
724 91
2,015 93
2,142
2,122
997
234
25
399
384
1,866
75
14
66
28
55
93
16
81
*$33,642 21
* The Resolve authorizes the sum of ^33,642 21 to be paid as the amount of the Roll ;
but it appears, by adding the details of the County of Middlesex together, that the Resolve
should have been for ^100 more.
INAUGURAL ADDRESS
HIS EXCELLENCY GEORGE N. BRIGGS.
Representatives' Chamber, Jan. 13th, 1846,
At twelve o'clock^ His Excellency the Governor, accompanied by
His Honor the Lieutenant Governor, the members of the
Executive Council, and the Secretary, Treasurer, and Adju-
tant General of the Commonwealth, and attended by a joint
Committee of the two Houses, and the Sheriff of Suffolk, m,et
the Senate and House of Representatives in co7ivention, and
delivered the following
ADDRESS:
Gentlemen of the Senate and of the
House of Represefitatives :
The past year has been one of general prosperity and health
to the people of this Commonwealth.
Labor and capital have been actively employed, and have
reciprocally contributed to each other's success. Labor and
capital ought to be so employed. And while each is willing to
make a fair division of their joint earnings, they are, and must
be, friends.
Not only has an unusual degree of industry and enterprise
animated our business community, but a spirit of kindness and
good feeling has displayed itself among all classes of our citi-
zens, in their intercourse with each other.
Those " principles of humanity and general benevolence,
public and private charity, industry and frugality, honesty and
punctuality in their dealings, sincerity, good humor, and all
social affections and generous sentiments among the people,"
specially enjoined by the Constitution of the State, to be pro-
moted by the Legislature, have manifested themselves through-
out the Commonwealth. They are worthy of the attention of
GOVERNOR'S ADDRESS.
281
men associated together for a common benefit, and the extent
of their prevalence indicates the degree of civilization and
Christianity in every community.
These tokens of good, which, under the Divine favor, flow-
out from our free and liberal institutions, call for our grateful
acknowledgments to that great and good Being, whose mercies
to us as a people, have been so distinguished.
The state of our finances for the past year, as I learn from
the Treasurer of the Commonwealth, is as follows :
The receipts amounted to ... . $.519,358 32
The expenditures to ..... 550,191 59
Excess of payments over receipts, . . . 30,833 27
The above amount of receipts includes
Cash on hand January 1, 1845, . . . $10,677 59
Balance of State Tax of 1844, . . . 62,325 50
This sum, 73,002 09
deducted from the whole receipts, . . 519,358 35
Leaves $446,356 26
as the ordinary receipts for the year.
The amount of expenditures includes
Temporary loan for 1844, .... $85,000 00
And the 5 per cent, stock of 1842, paid in 1845, 46,550 00
This sum, $131,550 00
deducted from the whole expenditures. . 550,191 59
Leaves as the ordinary expenditures of the year, $418,641 59
To meet the excess of payments of ,^30,833 27, the Treasurer
will have the balance of the State Tax of 1845, amounting to
$65,000, and though not payable till February, 1846, was de-
signed for the service of 1845.
That sum will not only pay the above named balance, but
will be nearly sufficient to pay the $37,140 of the 5 per cent,
stock of 1842, wliich falls due in 1846.
It is confidently believed that no State Tax will be necessary
to enable the treasury to meet the demands upon it for the com-
ing year.
To this end, I recommend a most rigid scrutiny into every
branch of expenditures, and if any item is found not called for
by the public interest, that it be curtailed.
liiberal appropriations of money for meritorious objects,
within the appropriate sphere of legislative provisions, and not
a dollar for a useless office, or an unnecessary purpose, is true
economy.
When the remaining $37,140 of the debt of 1842 shall have
been paid, no other debt against the State will fall due before
36
282 GOVERNOR'S ADDRESS.
1857. At that time, the scrip for |905,000 issued by the State
in payment of its stock in the Western Rail-road Corporation,
will be payable.
The sinking fund set apart to meet that debt, now amounts to
$359,141 25. This sum, with the accruing annual interest,
together with the yearly amount from the sales of the public
lands, in the State of Maine, which is appropriated by law for
the same purpose, with the annual interest thereon, will amount,
in 1857, with the present rate of the receipts from the public
lands, to a million dollars.
The amount, whatever it may be, with the stock itself, will
constitute the assets of the State, at that time, to meet its scrip
. for $995,000.
The State has lent its credit to various rail-road companies,
to the amount of $5,049,555 56.
One million and fifty thousand dollars of this amount for
scrip loaned to the Eastern Rail-road, the Norwich and Worces-
ter Rail-road, the Andover and Haverhill Rail-road, and the
Boston and Portland Rail road Corporations, will be due in
1857-9. None of the residue falls due before 1868. These
roads are all in successful operation, and the companies pay the
interest on their several debts, as they fall due.
The payment and fulfilment of the obligations of the bonds,
which the State holds aganist these several companies, are se-
cured by mortgages on the indebted roads. In addition to the
mortgage on the Western Rail-road, the State holds, in trust, a
fund, now amounting to $290,610 61, and which is yearly in-
creasing, by accumulating interest and additions to the princi-
pal, for the same purpose. Without some unexpected contin-
gency, which no sagacity can foresee, there is no probability
the State will ever be called upon to pay one dollar of these
liabilities.
W^ith a character for punctuality unsullied by a failure to
meet any one of her pecuniary engagements, and with a credit
equal to bullion, for any purpose that she may choose to use
it, there is nothing in her indebtedness or liabilities, either on
her own account, or to aid others in carrying on those great
works of internal improvement, by which her mountains are
pierced and her valleys striped with rail-road iron, that need
alarm the most timid financier, or give a moment's uneasiness
to the most cautious of her citizens.
Having the largest representative body, in proportion to the
number of their constituents, of any government in the world,
at once their pride and their security, the prudent, industrious,
enterprising people of this Commonwealth, must essentially
change their character and principles, as old now as their politi-
cal existence, before a Legislature can be assembled in this
place, that would involve the State in any wild and unauthor-
ized projects, or do any thing to tarnish her good name for
honesty and punctuality. May the time never come when
GOVERNOR'S ADDRESS. 283
every citizen of Massachusetts would not feel the slightest just
reproach upon the integrity of the Commonwealth, to be a
stain upon his own private character ! Mutation belongs (o
political as well as to all other human institutions, but 1 am
sure that no pohtical vicissitude can ever spread over our ven-
erated Commonwealth, the gloom of such a day.
There is now in successful operation within the limits of
Massachusetts, seven hundred miles of rail-road. These roads
cost about $28,000,000. The average value of this stock is
above par, and their average dividends exceed six per cent.
The amount of their dividends shows the wisdom of the in-
vestment of the capital which built them, the amount of busi-
ness done upon them, and their great public utility. The rail-
road from this city to Albany, across the Green Mountains, is
one of the great achievements of the age. Altogether, they fur-
nish evidence of the resources, the enterprise, the perseverance
and the prosperity of our people.
Among other important topics introduced into the late com-
munication of the President of the United States, to both
Houses of Congress, that of the tariff occupied an important
place.
The people of Massachusetts are deeply interested in the
protective policy. In it, their labor, their capital, and their
prosperity are essentially involved.
For more than a quarter of a century after the adoption of
tile Constitution, their capital was mostly engaged in commerce.
But the course of National legislation has induced them to with-
draw a large portion of that capital from commerce, and invest
it in manufacturing establishments. Massachusetts has at this
time |;60,000,000 invested in manufactures.
The constitutionality of the protective principle, except as an
incident to revenue, is clearly denied by the President in his
message, and by the Secretary of the Treasury, in his annual
report. I am not aware that such a denial has ever before,
since the adoption of the federal Constitution, been promulgated
from those high places. Perhaps, in justice to those function-
aries, it should be said, that the opinions now avowed by them,
on this subject, are the same which they were known to enter-
tain before their elevation to the posts which they now occupy.
There is, however, a remarkable difference between the doc-
trines and arguments of the President's message, and the doc-
trines and arguments of his predecessors on the same subject.
Every one of those illustrious men, from General Washington
to General Jackson, all of whom belonged to the age of the
Constitution and of the Revolution, in their official communi-
cations, in the plainest and most explicit manner assert the
constitutionality of a protective tariff, and recommend Congress
to foster and protect the manufactures of the country by their
legislation. The preamble to the second act passed by the first
Congress which assembled under the Constitution of the United
284 GOVERNOR'S ADDRESS.
States, declared the object of the act to be the encouragement
of manufactures and the raising of revenue.
Many of the framers of the Constitution sat in that Congress.
Washington, the President of the Convention which made the
Constitution, signed that bill. During the discussion of the
measure in Congress, no one objected for the want of constitu-
tional power. On the contrary, it was declared that one lead-
ing object of the adoption of the Constitution by the people of
the States, was to confer upon Congress the power to protect
the labor and industry of the country, and that they expected
that power to be exercised. Petitions for that purpose were
presented to that Congress from the people of South Carolina,
Maryland, New York and Massachusetts. Against a principle
reaching back to the origin, and flowing out from the very
fountain of our government, the Secretary of the Treasury in his
official report, and the President in his message, wage a war of
extermination. The Secretary ascribes to it, the instability of
all former revenue bills, and avows the purpose of driving it
from the Statute-books of the Union.
Before the adoption of the Constitution of the United States,
each State possessed the power to lay duties and imposts, and
to regulate trade with other States and nations. It is a power
incident to the sovereignty of every independent State. And it
may be exerted by every such State for the protection and en-
couragement of its manufactures, or any other interest within
its limits. By the express language of the federal Constitution,
this important power is surrendered by the States to the Gen-
eral Government. Is the power thus given up by the States,
lost or annihilated by that surrender 7
The absurdity of such a proposition is its refutation. This
essential attribute of a sovereign State was transferred to the
general government, not that it should lie dormant or be ex-
tinguished, but that it might be put into action with more effi-
ciency for the common benefit. So the authors of the Consti-
tution, and the members of the first Congress understood it.
There is but one restriction upon its exercise, and that is the
prohibition of a tax upon exports from any of the States.
Mr. Madison argues the existence of the right in Congress to
protect the home industry of the country, upon the ground
which I have stated, with unanswerable abihty. He says, "if
Congress have not the power, it is annihilated for the nation : a
policy without example in any other nation, and not within the
reason of the solitary one in our own."
In his message to Congress in 1796, General Washington
says: "Congress have rejteatcdly ^ and not without success, di-
rected their attention to the encouragement of manufactures.
The object is of too much consequence, not to insure a continu-
ance of their efforts, in every way which shall appear eligible."
Mr. Jefferson, in his message of November, 1808, says, "The
situation into which we have been thus forced, has impelled us
GOVERNOR'S ADDRESS. 285
to apply a portion of our industry and capital to internal manu-
factures and improvements. The extent of this conversion is
daily increasing, and little doubt remains, that the establish-
ments formed and forming, will, under the auspices of cheaper
materials and subsistence, the freedom of labor from taxation
with us, and of jJiotectlng duties and prohibilions, become per-
manent." In 1816, Mr. Jetferson addressed a letter to Benja-
min Austin, of Massachusetts, in which he reaffirms in the
fullest manner, his opinion m favor of the policy of protecting
American manufactures, or of what he calls the " American
System." In that letter, he says the " federal merchants of
Massachusetts" are opposed to this system.
Mr. Madison said, in his message of February, 1815 : "There
is no subject which can enter with greater force into the delib-
erations of Congress, than a consideration of the means to
preserve and promote the manufactures which have sprung
into existence and attained an unparalleled maturity through-
out the United States, during the period of the European wars.
This source of national independence and wealth, I anxiously
recommend, therefore, to the prompt and constant guardianship
of Congress." In his inaugural message in March, 1817, Presi-
dent Munroe said: "Our manufactures will likewise require
the systematic and fostering care of the government."
In 1824, General Jackson, in a letter addressed to Dr. Cole-
man, of North Carolina, on the subject of the tarilf, says : "I
will ask what is the real situation of our agriculturalists'?
Where has the American farmer a market for his surplus pro-
duct? Except for cotton, he has neither a foreign or a home
market. Does not this clearly prove, where there is no market
either at home or abroad, that there is too much labor em-
ployed in agriculture, and that the channels for labor should be
multiplied ? Common sense points out at once the remedy.
Draw Irom agriculture this superabundant labor, employ it in
mechanism and manufactures, thereby creating a home market
for your bread stufls, and distributing labor to the most profita-
ble account, and benefits to the country will result. Take from
agriculture in the United States, six hundred thousand men,
worn,en and children, and you will at once give a home market
for more bread stufls than all Europe now furnishes us. In
short, sir, we have been too long subject to the British merchants.
It is time that we should become a little more Americanized ;
and, instead of feeding the paupers of England, feed our own;
or else in a short time, by continuing our present policy, we
shall all be rendered paupers ourselves." In February, 1828,
the same eminent individual sent to the Governor of the State
of Indiana, in answer to certain resolutions of the Legislature
of that State, on the subject of the tariff and internal improve-
ments, a copy of the letter from which the foregoing extracts
are made, and remarks : " I will further observe to your Ex-
cellency, that my views of constitutional power and American
286 GOVERNOR'S ADDRESS.
policy, were imbibed, in no small degree, in the times and from
the sages of the Revolution, and that my experience has not
disposed me to forget their lessons." What General Jackson
said would be the etFect of encouraging manufactures, in creat-
ing a home market for agricuhural productions, has become
history. That portion of our population now engaged in me-
chanical trades and manufactures, furnish a " market for more
bread stuffs than all Europe now furnishes us." The produc-
tive industry of Massachusetts for the year ending April first,
1845, as shown by the statistics collected under the direction of
the last Legislature, amounts to $123,000,000.
With her population of 800,000 she receives annually the
products of sister States to the amount of forty millions of dol-
lars. Deducting the amount of domestic manufactures ex-
ported, and this sum equals one half of the exports of all the
States of the Union, to the whole world. Can pursuits which
produce such results, and which furnish them with such a home
market, be injurious to the other States '?
The extracts which 1 have read present the expanded views
and statesinan-like sentiments of their patriotic and illustrious
authors, upon a subject which they considered very intimately
connected with the permanent prosperity of their country.
How striking the contrast with the arguments and views of
the present Chief Magistrate, by which he repudiates the policy
of the fathers of the Republic, and proposes to measure and
gauge every duty to be imposed hereafter, by what he denomi-
nates a revenue standard !
That class of politicians who deny both the expediency and
constitutionality of giving legislative protection to the manu-
facturing and industrial interests of the country, have them-
selves ventured upon the boldest exercise of federal authority
ever attempted since the origin of the Government. Passing
by the treaty-making power, which, by the terms of the Con-
stitution, is to hold intercourse with foreign governments, by
the simple process of resolution, the lowest form of legislative
action, they have brought a foreign nation into this confede-
racy of States. This extraordinary measure, carried, (as it is
believed by those who are opposed to it,) against the wishes
of a majority of the people of the States, has been consum-
mated for the avowed purpose of " giving security and perma-
nency to the institutions of the South." — In other words, for
protecting the capital of the slave States of this Union, which
is invested in slaves. By the existing laws of the United
States, it is made piracy and punishable with death, through
the instrumentality of the foreign slave trade, to bring a foreign
slave into any of these States. Yet, by this summary process
of resolution, thirty thousand foreign slaves are at once brought
into and under the jurisdiction of the laws of this republic.
Shall the powers of our National Legislature be exerted to
protect the capital of one portion of the Union, consisting of
GOVERNOR'S ADDRESS. 287
property in human beings, whilst that protection shall be with-
held from the property and the labor performed by the muscles
of freemen in all the rest of the Union 7 These are questions
which recent events bring home to the mind of every freeman
in this great country with earnestness and solemnity. They
are put, not for the purpose of arousing sectional prejudices, or
exasperating party feelings; but for the purpose of calling
your attention, and the attention of the people of the Common-
wealth, to what is passing before us. By the annexation of a
foreign State, and its admission into the Union, the preponder-
ance is given, in one branch of the National Legislature, to the
slaveholding States. It is very clear that no such event was
contemplated at the time of the adoption of the Constitution.
So far from looking to the ascendency of the slave States in
either branch of the Legislature, the Constitution itself recog-
nizes and ratifies the ordinance of 1787 for the government of
the North West Territory, by the provisions of which three
new States were to be admitted into the Union in which slavery
was never to exist. Whilst this measure for the protection of
the slave capital of the South is in progress, the Executive
Chief Magistrate proposes to change the policy and utterly
abandon a system which has been cherished by a majority of
the people and their representatives from the beginning of the
Government. Is this great change to take place? Is a system
begun by the fathers of the Constitution, and which has been
more than fifty years in maturing, which has filled the National
Treasury with revenue, and covered the whole country with the
evidences of prosperity, to be struck down at a blow 7
Standing by the pillars of the Constitution, and ready to
defend and uphold every part of it, I trust the Legislature of
Massachusetts will insist that all the rights secured to the
citizens of the Commonwealth, shall be acknowledged and
respected.
The reports of the officers in the State Prison present a satis-
factory state of atfairs in that institution. A personal examina-
tion of the Prison by the Governor and Council, confirms those
reports. About six thousand dollars have been expended in
repairs and buildings within the walls during the year. The
expenditures seem to have been judiciously made, and the im-
provements are important and useful. A remarkable degree of
health has prevailed among the prisoners. But one death has
occurred among nearly three hundred persons in twelve months.
The fruits of a mild and humane treatment manifest them-
selves much to the credit of the officers, and going strongly to
confirm the correctness of such a system. Generally, those
who leave the prison, leave it with a respect for the laws whose
penalties they have been made to feel, and with kind feelings
towards the officers. They go again into the world many of
them with the purpose and the hope, by a correct course of
conduct, of restoring themselves to their friends, instead of
288 GOVERNOR'S ADDRESS.
breathing out threatenings and vengeance against their fellow
men.
This state of moral feeling on the part of prisoners, is an
important point gained in the administration of penal law.
There is a small library in the institution, which is much used
by the prisoners during the hours that they are in their cells.
The Inspectors and Warden concur in the opinion that an addi-
tion of suitable books is desirable. I think one or two hundred
dollars, for that purpose, from the prison funds, would tend to
improve the moral condition of its unfortunate inmates.
In connection with this subject, I deem it proper to call your
attention to another important branch of the criminal law of
the Commonwealth. By existing statutes, there are four crimes
punishable with death : — Treason, Murder, Rape, and burning
a dwelling-house in the night-time.
If the penalty attached to the violation of a law is, in the
public opinion, too severe, two consequences will manifest
themselves in its administration: — first, a difficulty in procur-
ing convictions; and secondly, if convictions take place, the
pardoning power will be strongly urged to interpose and miti-
gate the pimishment. Wise and judicious legislators should
endeavor to avoid both of these consequences. They are grave
and serious evils. For a jury to hesitate to find a fact, because,
by such finding, too heavy a blow in their opinion will fall
upon the head of a fellow being, against whom it should be
found, would tend to weaken the public confidence in that im-
portant and sacred tribunal. Those who are acquainted with
the history of judicial proceedings, must be aware that such
cases do sometimes occur. As a general rule, it would be a
dangerous and unauthorized exercise of the pardoning power,
for an executive magistrate to interpose and arrest the execu-
tion of a law, because in his opinion, its penalty was too severe.
But in a case where the expression of a strong public sentiment
should speak out, in accordance with his own views as to the
rigor of the punishment, there is danger that the pressure might
be too powerful for a kind-hearted, though upright magistrate
to resist. It is quite obvious, that at this day the inclination of
the public mind is in favor of the diminution of the severity of
punishment.
So far as legislation can prevent it, the commission of a
greater offence should never be presented to the mind of a crimi-
nal as a means of avoiding detection in the commission of a
lesser one. In reducing the penalty for robbery of the person,
and for breaking and entering a dwelling-house in the night-
time, (the burglar being armed,) from death to confinement in
the State Prison, I apprehend our own Legislature were influ-
enced, at least to some extent, by this principle. I am per-
suaded they acted wisely in so doing.
In a sister State, where such a change has taken place in the
law applicable to robbery, it is said, that while the number
GOVERNOR'S ADDRESS. 289
of murders has diminished, the number of robberies has not
increased. In one of the counties of our own Commonwealth,
within the last year, a person has been executed, who had com-
mitted, under the most aggravated circumstances, the double
crime of rape and murder.
In another of our counties, a man was hung several years
ago, for the murder of a female whom he had first violated.
In the confession of his crime, I am informed he declared that
the thought of committing murder did not enter his mind until
after the perpetration of the first ofience, when the poor victim
told him he would have to be hung for what he had done. He
said it then instantly occurred to him that the only hope of
escaping detection and death, was to put the witness of his
guilt out of the way. With the desperate hope of saving his
own life, he seized a club, followed and killed the wronged
and flying female. How many such cases there may have
been. Omniscience alone can tell. If a single one has been
known to exist, does not that one furnish a sufficient reason
for removing the temptation for its repetition 1 I recommend
to your calm consideration the propriety of reducing the num-
ber of capital offences now existing in this Commonwealth. In
the case of murder, much reflection has convinced me of the
propriety of making degrees of guilt in that crime. Whilst the
penalty of death shall remain against the wilful and deliberate
murderer in the first degree ; murder in the second degree, com-
mitted under circumstances of mitigation, should be punished
by confinement in the State Prison during life.
The Annual Report of the Trustees of the State Lunatic Hos-
pital, at Worcester, will be laid before you, giving "a state-
ment of the condition of the Hospital, and all its concerns,"
in compliance with the law creating that noble institution.
Since the last Report, the two new wings to the building have
been completed. By these additional edifices, accommodations
are furnished for one hundred and forty more patients than
could be accommodated before.
The whole number of inmates at this time, is about three
hundred and sixty. The arrangements, order, neatness, and
general management of the institutions, are admirable. It
fully maintains its high character, as an asylum, erected by
the munificence of the State, for the reception of that unfortu-
nate class of our fellow beings, who, by the Providence of God,
are bereft of their reason. Under the administration of the
benevolent and accomplished Superintendent, whose valuable
services have been devoted to the institution from the com-
mencement of its operations, the sufferings of all the patients
are greatly alleviated, and a good proportion of them restored
to health and reason, with joyful and grateful hearts, are given
back to their families and friends.
Every philanthropist, and every lover of his State, must feel
37
290 GOVERNOR'S ADDRESS.
gratified that such an institution has been estabhshed and sus-
tained within its hmits.
The hberal appropriations annually made by the Legislature
for the benefit of the blind and the deaf and dumb, furnish the
means of imparting the treasures of instruction and knowledge,
to many children, whose indigence would forever shut them out
from those blessings, but for the provisions of the Common-
wealth in their behalf The benefactors of those institutions
where these classes of children are received and taught, and
those generous and kind-hearted instructers who devote their
lives to their service, are entitled to the thanks and gratitude of
mankind.
You will be informed of the number and condition of the
militia and arms of the Commonwealth, by the Report of the
Adjutant General, which will be laid before you in due time.
The Massachusetts School Fund now amounts to $810,493 60.
The annual interest of this fund is distributed among the towns
for the benefit of Common Schools. The past year the towns
raised, for the support of Common Schools, $576,556 02, being
an increase over the preceding year of $28,000. The Secretary
of the Board of Education, in his Report for the present year,
states that the amount raised by towns in various ways, "for
Common Schools, will exceed one dollar apiece for every man,
woman and child, in the State." The people of Massachusetts
expend annually, for the purposes of education, more than a
million of dollars. The returns from the towns for 1844-5,
show the number of scholars in the State between the ages of
four and sixteen years, to be 194,984. The whole number of
public schools is 3,382. Incorporated academies, 66 ; unincor-
porated academies, private schools, and schools kept to prolong
public schools, 1167 — making, schools of all kinds, 4,615. The
number of teachers in the public schools, including winter and
summer, is 7,297. Of these, 2,523 are males, and 4,774 fe-
males. These returns also show several improvements gratify-
ing to the friends of Education. The Secretary says, " the
average length of the schools has increased a full month each."
The number of schools kept through the year has also increased.
Whilst there is a gradual improvement in the average attend-
ance, the irregularity in that respect, continues to be a serious
evil. When the State furnishes the means for schooling all its
children, and those children, or their parents, neglect to improve
those means, the funds of the State are not only wasted to the
extent that they are not improved, but the absent children are
grossly wronged, and the public defrauded of the benefits which
would result from their education. Liberty, without intelli-
gence, cannot be properly appreciated or long preserved. Our
district school-houses are the moral and intellectual laborato-
ries, where, under the fostering care of the State, and the bless-
ing of Providence, the minds and characters of the rising gen-
eration, as they succeed each other, are to be fitted for the
GOVERNOR'S ADDRESS. 291
enjoyment of freedom, and for performing the high duties of
freemen ; or their neglect is to sink those generations to the
condition of slaves, whether they continue to hve under the
name of liberty or not. No expedient should be left untried
which the wisdom of the Legislature can suggest, or the vigi-
lance of school committees, or other citizens invent, to fill our
school-houses, and give to every child the benefit of the liberal
and free provisions made for him. To perfect our system of
Common Schools, higher qualifications in teachers, more perma-
nency in their employment, and better wages for their services,
are demanded. These are subjects which, in your parental
care for the present and future children of the Commonwealth,
you cannot with safety overlook. I am happy to believe that
at this time there exists, among the thousands of teachers in
the State, a truer estimate of the dignity and magnitude of their
employment, and more zeal to fit themselves for it, than has
ever before existed. The Normal Schools begin to make them-
selves beneficially felt in this respect, in those parts of the State
where they have been longest in operation. Within the last
few months, a new element has been introduced, calculated to
awaken a new interest among instructers of youth. I allude to
teachers' institutes. At these meetings, those persons who are,
or who expect to be, teachers, assemble together, and spend
their time in taking lessons, and hearing lectures from expe-
rienced and accomplished masters, on those subjects which are
connected with school teaching. These meetings have been for
some time in operation in the State of New York, and have
been attended with signal success. For the purpose of making
the experiment here, a distinguished and patriotic citizen of
Boston, who, a few years since, gave ten thousand dollars, to
aid in the introduction of normal schools, with the same spirit
of liberality, offered a thousand dollars for defraying the ex-
penses of the experiment. Under the direction and personal
superintendence of the enlightened and persevering Secretary
of the Board of Education, four Institutes were assembled in
different sections of the Commonwealth. In every instance,
the result was most satisfactory and auspicious. I had the
pleasure of witnessing the exercises and proceedings of one of
those interesting assemblages. The lessons and lectures of
those who conducted the Institute, were in the highest degree
instructive. The punctuality, attention, improvement, and en-
tire devotion to the great purpose for which they came together,
on the part of the members, were worthy of all praise. 1 hope,
before another year, some plan may be matured, by which all
the teachers in the State may be able to participate in those
institutions. May not sonitie legislative aid and encouragement
be given to a measure which looks entirely to the increased
qualifications of teachers, and the improvement of Common
Schools 7 I commend this great subject, which involves the
292 GOVERNOR'S ADDRESS.
character and destiny of the Commonweahh, in all its branches,
and with all its interests, to your wise deliberations.
The statute of distributions, and our admirable system of
popular education, must ever be among the most efficient in-
struments of preserving to the people their cherished institu-
tions, and liberty itself The first, at once the voice of true
affection and the dictate of equity and justice, distributes
equally among kindred of the same degree, the accumulated
wealth of the ancestor. By the munificent operations of the
other, the treasures of education and knowledge are alike dis-
tributed among all the families of the State, and the children
of the poor and the rich, so far as the means of intelligence
and mental cultivation are concerned, begin life upon equal
terms. Under this just and beautiful system, which began
with the Pilgrims, the history of our people thus far shows,
that, in the higher and better pursuits of life, the children of
the poor have been successful, as well as the children of the rich.
In two former communications to the Legislature, I recom-
mended the propriety of making their sessions as short as the
pubUc business would permit. I cannot forbear to renew that
recommendation to you. At a time of domestic tranquillity
and repose, when there are no agitating questions to prolong
your deliberations, it seems to me that a short session, as a
matter of economy, as well as an example to those who shall
come after you, will be of great public use, and will meet the
approbation of our constituents.
Gentlemen of the Senate^ and of the
House of Represetitatives :
The legitimate object and end of all good government and
right legislation, is, to give protection to property, safety to the
person and reputation, to secure to labor a fair reward, and to
elevate and improve the physical, intellectual, and moral con-
dition of man.
When legislators lose sight of these beneficent purposes for
which they are clothed with power, and allow themselves to
be actuated by mere party or partial considerations, they per-
vert the trust committed to them, degrade their true dignity,
and do great injustice to those who have given them their con-
fidence.
Let us proceed in the discharge of the duties assigned us.
Strictly observing the injunctions of the Constitution, which we
are sworn to support, and looking for aid and direction to Him
who gives wisdom to those who sincerely ask it, let us do all
in our power to promote the lasting prosperity of our Common-
wealth.
GEORGE N. BRIGGS.
Council Chamber, Boston, January 13, 1846.
MESSAGES. 293
To the Senate :
I herewith transmit to the Honorable Senate, for the informa-
tion of the two branches, the following documents received by
me, since the last session of the General Court :
1. Resolutions of the State of Maine, relating to the impris-
onment of Thomas W. Dorr.
2. Report and Resolutions of the State of Connecticut, " re-
lating to differences existing between the States of Massachu-
setts and South Carolina." Also, " Resolutions relating to the
State of Rhode Island."
3. Resolutions of the State of New Hampshire, relating to
the tariff'; to the distribution of the proceeds of the sales of the
public lands ; recommending a modification of the existing post-
age laws ; and a report in answer to certain Resolutions of the
State of Rhode Island, concerning the imprisonment of Thomas
W. Dorr.
4. Proceedings in the Rhode Island Legislature, "on sundry-
Resolutions of the State of Maine."
5. Details of the receipts and disbursements of the " disputed
territory accounts."
6. Communication from A. D. Bache, Superintendent of
weights and measures.
7. The annual reports of the Inspectors, Warden, and Physi-
cian of the State Prison.
8. Report of the Land Agent of the Commonwealth.
9. Report of the Adjutant General.
10. " Joint Resolutions of Texas, tendering to General Jack-
son, the tribute of a nation's gratitude."
The annual reports of the Trustees and Treasurer of the
State Lunatic Hospital have been received, and placed in the
hands of the Clerk of the Senate, to be disposed of agreeably to
the provision in the first section of the Resolves of 1844, chap-
ter 57.
Couticil Chamber, Jan. 14, 1846.
To the Senate :
I transmit herewith, for the consideration of the Legislature,
a communication from the Secretary at War of the United
States, designed to obtain the consent of this Government to the
purchase, by the United States, of Governor's Island in the har-
bor of Boston, and a transfer of the jurisdiction of that island,
and of Lovell's Island and George's Island in the same harbor,
to the National Government.
Council Chamber, Jan. 17, 1846.
294 MESSAGES.
To the House of Representatives
Agreeably to a provision in the second section of the Act of
1834, chapter 166, 1 transmit herewith the annual report and
statement of the Commissioner of Marshpee, for the informa-
tion of the Legislature.
Council Chamber, Jan. 21, 1846.
To the Honorable House of Representatives :
I transmit herewith, for the information of the Legislature,
the Report of the doings of the Commissioners, appointed under
the Resolve of 1844, chapter 41, to act in conjunction with Com-
missioners on the part of the State of Rhode Island, in ascer-
taining or establishmg the true boundary line between Rhode
Island and Massachusetts, from Pawtucket Falls to Bullock's
Neck.
Council Chamber, Jan. 23, 1846.
To the House of Representatives :
I transmit herewith to the Honorable House, for the informa-
tion and use of the Legislature, certain papers purporting to be
Resolves of the State of Georgia, in relation to recent action of
the government of this Commonwealth.
Council Chamher, Jan. 30, 1846.
To the House of Representatives :
I transmit herewith to the Honorable House, for the informa-
tion and use of the Legislature, Resolves of the Stale of Vermont,
concerning the union of Texas with the United States.
Council Chamber, Feb. 19, 1846.
To the Honorable House of Representatives :
Agreeably to a provision of the Resolves of 1845, chapter 109,
I herewith transmit to the Honorable House, for the informa-
tion and use of the Legislature, the report of the Commissioners
appointed, by virtue of said Resolves, for the survey of South
Bay, Charles River, and Mystic River and Pond, together with
the plans illustrating the same.
Council Chamber, March 12, 1846.
To the House of Representatives :
I transmit herewith, for the information and use of the Leg-
islature, an attested copy, received this day, of the opinion of
MESSAGES. 295
the Supreme Court of the United States, delivered by Mr. Jus-
tice McLean, and of the separate opinion of Mr. Chief Justice
Taney, dismissing the complaint in the case of the State of
Rhode Island and Providence Plantations, complainants, versus
the Commonwealth of Massachusetts. I also transmit a letter,
previously received from Mr. Webster, of counsel for the Com-
monwealth, briefly setting forth the grounds of the judgment of
the court.
Council Chamber, March 23d, 1846.
To the House of Representatives :
I transmit herewith to the Honorable House, for the informa-
tion and use of the Legislature, a letter this day received from
the Secretary of the War Department of the United States, in
reply to my communication to the President, transmitting the
Resolves of the present General Court, relating to Fort Kent, on
Fish River, in the State of Maine.
Council Chamber, April 4, 1846.
LIST
OF THE
CIVIL GOVERNMENT
OF THE
eomtnotftjoeiiuij of i^aoaactittoetto^
AND OFFICERS IMMEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR 1846.
HIS EXCELLENCY
GEORGE N. BRIGGS,
GOVERNOR.
HIS HONOR
JOHN REED,
LIEUTENANT GOVERNOR.
COUNCIL.
CHARLES MARSTON,
SAMUEL HOAR,
EBENEZER BRADBURY,
EDWARD DICKINSON,
JOHN P. BIGELOW,
CHARLES RUSSELL,
JAS. C. STARKWEATHER,
DANIEL N. DEWEY,
EDMUND P. TILESTON.
JOHN G. PALFREY,
Secretary of the Commonwealth.
William Tufts, Isl Clerk. Charles W. Lovett, 2d Clerk.
JOSEPH BARRETT,
Treasurer and Receiver General of the Commonwealth.
Joseph Foster, 1st Clerk. David Wilder, Jr. 2d Clerk.
SENATE.
WILLIAM B. CALHOUN,
PRESIDENT.
SUFFOLK DISTRICT.
John C. Gray, James F. Baldwin,
Daniel Safford, Francis O. Watts.
Thomas G. Gary,
ESSEX DISTRICT.
Edmund Kimball, Jr., Henry Poor,
George Wheatland, Dennis Condry.
George Hodges,
MIDDLESEX DISTRICT.
James P. Whitney, Eli Rice,
Thomas Hopkinson, Thos. Emerson,
E. Rockwood Hoar, Alfred Allen.
WORCESTER DISTRICT.
Joseph Stone, Calvin Willard,
John G. Thurston, Jason Goulding.
Stephen Salisbury,
HAMPSHIRE DISTRICT.
Chauncey B. Rising, Josiah B. Woods.
FRANKLIN DISTRICT.
Zebina Field, Joseph Avery.
HAMPDEN DISTRICT.
William B. Calhoun, Forbes Kyle.
BERKSHIRE DISTRICT.
Thomas A. Bowen, Samuel A. Hurlburt.
38
298 SENATE.
NORFOLK DISTRICT.
Samuel Guild, Oliver Felt,
James Maguire,
PLYMOUTH DISTRICT.
Thomas P. Beal, Welcome Young.
BRISTOL DISTRICT.
Nathaniel B. Borden, Thomas D. Eliot.
Silas Shepard,
BARNSTABLE DISTRICT.
Zeno Scudder, Barnabas Freeman.
NANTUCKET AND DUKES CO. DISTRICT.
Barker Burnell.
CHARLES CALHOUN, Clerk.
W. P. GREGG, Assistant Clerk.
Rev. AMOS SMITH, Chaplain.
MILTON HALL, Doorkeeper.
TILSON FULLER, Page.
HOUSE OF REPRESENTATIVES
SAMUEL H. WALLEY, Jr.
SPEAKER.
COUNTY OF SUFFOLK.
Boston^ Daniel Bartlett, Jr.,
Richard W. Bayley,
Joseph Bell,
Ephraim Buck,
Peleg W. Chandler,
James Clark,
Charles E. Cook,
Larra Crane,
F. B. Crowninshield,
William Denton,
Nathaniel Francis,
William Freeman,
Joel Giles,
John Green, Jr.,
George H. Kuhn,
Elijah Mears,
David Morgan,
John P. Ober,
John Osborn,
George W. Otis,
William Palfrey,
Henry Plympton,
Benjamin P. Richardson,
Richard Robins,
Benjamin Seaver,
Charles B. Shaw,
William Sturgis,
Thomas Tolman,
John B. Tremere,
300
HOUSE OF REPRESENTATIVES.
Boston,
Chelsea,
Charles Wade,
Samuel Wales, Jr.,
William R. P. Washburn,
Charles A. Wells,
William Willett,
Royal B. Willis,
Joshua Norton, Jr.
COUNTY OF ESSEX.
Ameshury,
Andover,
Beverly,
Boxford,
Bradford,
Dancers,
Essex,
Georgetown,
Gloucester,
Hamilton,
Haverhill,
Ipswich,
Lynn,
Lynnjield,
Manchester,
Marblehead,
Methuen,
Middleton,
Newbury,
Newbvryport,
Rockport,
Rowley,
Salem,
William Stevens,
Herman P. Chandler.
Albert Thorndike,
John I. Baker,
William Low,
John G. Ingersoll,
Henry Fowler,
Richard Osborn,
Bartholomew Ring,
Moses Gilbert,
George Perkins,
Daniel F. Fitts,
James Hale,
Jefferson Knight,
Francis A. Smith,
Josiah Dearborn,
Forrest Jefferds,
Daniel N. Prime,
Jonathan C. Perkins,
HOUSE OF REPRESENTATIVES.
301
Sal&m^
Salisbury^
Saugus,
Topsfield,
Wenham,
West Newbury,
James Kimball,
Caleb Pierce,
Aaron Perkins,
Nathaniel Silsbee, Jr.,
William D, Pickman,
Benjamin Sawyer,
Otis Little.
Acton,
Ashby,
Bedford,
Billerica,
Boxborough,
Brighton,
Burlington,
Cambridge,
Carlisle,
Charlestown,
Chelmsford,
Concord,
Dracut,
Dunstable,
Framingham,
Groton,
Holliston,
Hopkinton,
Lexington,
Lincoln,
Littleton,
Lowell,
COUNTY OF MIDDLESEX.
Daniel Wetherbee, 2d,
Reuben Bates,
Henry H. Larnard,
James D. Green,
John Sargent,
John S. Ladd,
Christopher C. Dean,
John Stacy.
Timothy Y. Coburn,
Calvin Shepard, Jr.,
William Livermore, Jr.,
Sullivan Burbank,
Leonard Hoar,
Oilman N. Nichols,
Leonard Huntress,
Sidney Spaulding,
Benjamin Wilde,
302
HOUSE OF REPRESENTATIVES.
Lowell,
Maiden,
Marlhoro\
Medford,
Naiick,
Newton,
Pepperell,
Reading,
Sherburne,
Shirley,
Somerville,
South Reading,
Stoneham,
Stow,
Sudbury,
l^ewksbury,
Townsend,
Tyngsboro\
Waltham,
Watertown,
JVayland,
West Cambridge,
Weston,
Westford,
Wilmington,
Woburn,
C. W. Blanchard,
George A. Butter field,
Samuel S. Upham,
Henry Wilson,
Isaac Hagar,
Luther Lawrence,
Amos Clarke,
John K. Going, Jr.,
Robert H. Raddin,
James Pierce,
Edwin Whitney,
Abel B. Jones,
Abel Gleason,
Joseph O, Wellington,
Joseph Reed,
John C. Brackett.
Ashburnham,
Athol,
Auburn,
Barre,
Berlin,
Blackstone,
Bolton,
Boylston,
Brookjield,
Charlton,
COUNTY OF WORCESTER.
John C. Glazier,
Samuel Sweetser,
Walter A. Bryant,
Joel Barnard,
Francis Howe,
WiUiam Marble,
HOUSE OF REPRESENTATIVES.
303
Dana^
Douglas,
Dudley,
Fitchburg,
Gardner,
Grafton,
Hardwick,
Harvard,
Holden,
Hiibbardston,
Lancaster,
Leicester,
Leominster,
Lunenburg,
Mendon,
Milford,
Millbury,
New Braintree,
Northboro' ,
Northbridge,
North Brookjield,
Oakham,
Oxford,
Paxton,
Petersham,,
Phillipston,
Priticeton,
Royalston,
Rtitla7id.
Shrewsbury,
Southboro\
Southbridge,
Spencer,
Sterling,
Sturbridge,
Sutton,
Tem,pleton,
Upton,
Uxbridge,
Warren,
Samuel Amidon,
Smyrna W. Bancroft,
Esek Saunders,
William Bennett, Jr.,
Joel Wilder, 2d,
Joseph D. Sargent,
Charles W. Wilder,
John Lane,
Rufus Hayward,
Alfred Bragg,
Eben D. Blake,
William Crawford,
David Barton,
Elbridge G. Miles,
Peter Sanderson,
Sewell Mirick,
Hiram W. Albee,
David W. Fletcher,
Samuel Houghton,
Simeon Hooker,
Gilman Day,
William Legg,
Moses Taft, 2d,
Sullivan Cowee,
304
HOUSE OF REPRESENTATIVES.
Webster^
Westboro\
West Bai/lsion,
Westminster,
Winchetidon,
Worcester,
John Dixon, Jr.,
Moses G. Maynard,
Brigham Prescott,
Wareham Rand,
Ira M. Barton,
John Milton Earle,
Darius Rice.
Amherst,
Belchertown,
Chesterfield,
Cum/mington,
Easthampton,
Enfield,
Goshen,
Granby,
Cfreenwich,
Hadley,
Hatfield,
Middlefield,
Northampton,
Norwich,
Pelham,
Plainfield,
Prescott,
South Hadley,
Southampton,
Ware,
Westhampton,
Williamsburg,
Worthington,
COUNTY OF HAMPSHIRE.
Timothy J. Gridley,
Roderick Dorman,
Rufus Burnell,
Hiram Steele,
Zenas Clark,
Alvin Smith,
Levi Taylor,
John A. Morton,
Josiah Brown,
Jonathan McElwain,
Erastus Hopkins,
Henry Dikeman,
Jerijah Barber,
Strong Clark,
Samuel M. Lemon,
Erastus Bodman,
Ransloe Daniels.
COUNTY OF HAMPDEN.
Blandford, Vincent S. Bradley,
Brimfield, George Puifer,
HOUSE OF REPRESENTATIVES.
Vhester,
Granville^
Levi Brown,
Holland,
Longmeadow^
Lorin Burt,
Ludlow,
Artemas H. Whitney^
Monson,
Montgomery,
Palmei\
Lambert Allen,
Russell,
Newman Bishop, Jr,
Souihwick,
Springfield,
Walter Warriner,
Henry Morris,
Joseph B. McCune,
George Dwight,
Robert G. Marsh,
Tolland,
Wales,
Absalom Gardner,
Westfield,
Hiram Fox,
Chauncey Colton,
West Springfield,
Wilbraham.
COUNTY OF FRANKLIN.
Ashfield,
Bernardston,
Isaac Burrows,
Buckland,
John Porter,
Charlemont^
Simeon H. Wilhamsj
Coleraine,
Convmy,
Deerfield,
Rufiis Saxton,
Erving,
Gill,
Greenfield,
Lucius NimS)
Hawley,
Heath,
Sullivan Taft,
Leyden,
Leverett,
Monroe,
Montague,
Jonathan Hartwell,
New Salem,
Seth C. Smith,
^05
39
306
HOUSE OF REPRESENTATIVES.
Northjield^
Orajige,
JRowe,
Shelbiirne,
ShutesJmry,
Sunderland,
Warwick,
Wendell,
Whately.
Zebulon Allen,
Benjamin Mayo,
Solomon R. Drury,
Abijah Eddy,
Lyman Fiske.
COUNTY OF BERKSHIRE.
William S. Huntington,
Andrew Bennett,
Cyrus Cleveland,
Almon J. Loring,
Gardner Smith,
William D. B. Linn,
George W. Platner,
Adams,
Alford,
Becket,
Cheshire,
Clarksburg,
Dalton,
Egremont,
Florida,
Great Barringion,
Hancock,
Hinsdale,
Lanesbord' ,
Lee,
Lenox,
Mount Washington,
New Ashford,
New Marlboro',
Otis,
Peru,
Pittsjield,
Richmond,
Sandisfield,
Savoy,
Sheffield,
Stockbridge,
Tyringham,
Washi7igton,
W. Stockbridge,
Williamsiown,
Windsor.
* Mr. Cook having died during the session of the Legislature, Samuel Baitlelt was elected
to fill the vacancy.
Enos Smith,
Walter Cook,=^
William H. Parsons,
Bradish Dunham,
Jedediah Burrill,
Horatio Byington,
Nathan Kinne,
Isaac Latham.
HOUSE OF REPRESENTATIVES.
307
Bellingham,
Braiiitrce,
Brooklme,
Canton,
Cohasset,
Dedham,
Dorchester,
Dover,
Foxboro',
Franklin,
Medjield,
Medway,
Milton,
Needham,
Qiii?ici/,
Randolph,
Roxbury,
Sharon,
Stoiighton,
Walpole,
Weymouth,
Wrentham.
COUNTY OP NORFOLK.
J, M. Freeman,
James C. Doane,
Joseph Day,
Eleazer J. Bispham,
Oliver Hall,
Elijah Perry, Jr.,
John M. Everett,
Henry Partridge,
Horace Richardson,
Simeon Emerson,
Daniel Kimball,
Samuel Newcomb,
Samuel H. Walley, Jr.,
John B. Jones,
Joseph H. Billings,
Otis Johnson,
Charles A. French,
George Bullard.
Attlebord ,
Berkley,
Dartmouth,
Dighton,
Easton,
Fairhaveii,
Fall River,
COUNTY OF BRISTOL.
Moses Wilmarth,
Samuel Newhall,
James Rider,
George Kirby,
Lincoln Drake,
Nathaniel Church,
George Mendall,
Charles J. Holmes,
Benjamin W. Miller,
Albert G, Eaton,
308
HOUSE OF REPRESENTATIVES.
Freetown,
Mansfield,
New Bedfordj
Norton,
Pawtucket,
Raynham,
Rehohothj
Seekojik,
Somerset,
Swanzey,
Taunton,
Westport,
Benjamin Dean,
J. H. W. Page,
Abraham H. Howland,
Thomas Kempton,
David R. Greene,
Calvin Staples,
R. H. Williams,
William D. Bullock,
Granville Stevens,
Leonard Walker,
Philip M. Marvel,
Perry Davis.
COUNTY OF PLYMOUTH.
Abington,
Bridgewater,
Carver,
Duxhury,
East Bridgewaterj
Halifax,
Hanover,
Hanson,
Hingham,
Hull,
Kingston,
Marshfield,
Middleboro' ,
North Bridgewaterj
Pembroke,
Plymouth,
Plympton,
Rochester,
Scituate,
Wareham,
West Bridgewaier,
Goddard Reed,
Spencer Leonard, Jr.
Joseph F. Wadsworth,
Joseph S. Beal,
George Leonard,
Asa T. Winslow,
Josiah Tinkham,
Henry French,
Luther Magoun,
Cephas Bumpus,
George Bonney,
Nathan Cannon,
Harrison G. O. Ellis,
Dwelley Fobes.
HOUSE OF REPRESENTATIVES.
COUNTY OF BARNSTABLE.
309
Barnstable,
Charles C. Bearse,
Thomas B. Lewis,
Brewster,
Albert P. Clark,
Chatham,
Watson Hinckley,
Dennis,
Joseph K. Baker,
Eastham,
Falmouth,
Samuel P. Croswell,
Hai'wich,
Cyrus Weeks,
Orleans,
Alexander Kenrick,
Pi'ovincetown,
James GifFord,
Sandwich,
David Benson,
Charles Swift,
Truro,
Ebenezer Davis,
Wellfleet,
Robert Y. Payne,
Yarmouth,
Elisha Jenkins.
DUKES COUNTY.
Chilmark,
Edgartown,
Joseph Mayhew,
Tisbury,
Stephen Skiff.
COUNTY OF NANTUCKET.
Nantucket,
Justin Lawrence,
George Harris.
Charles W. Storey, Clerk.
William Jenks, } ^ j •
S. D. ROBBINS, 1 C^^^P^^'^^'
Benjamin Stevens, Sergeant at Arms of the Genej-al Court.
Alexis Poole, Doorkeeper.
David Murphy, Messenger.
E. W. Palmer, Assistant Messenger.
Timothy Hayes, Page.
©onimonVuealt!) of Massac Ijusetts,
SECRETARY'S OFFICE, Mat 28, 1846.
I HEREBY Certify, that the printed Acts, Resolves, &c., contained in this
pamphlet, are true copies of the originals in this office.
JOHN G. PALFREY,
Secretary of the Commonwealth.
GENERAL AND SPECIAL
OF
1847.
An Act to incorporate the Bowditch Mutual Fire Insurance Company. C^hcLT) 1
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority
of the sa?ne, as follows :
Nathaniel D. Symonds, John S. WilHams, and Frazier Persons incor-
Carleton, their associates and successors, are hereby made a Pirated to m-
• 1 1 /• 1 n 1- 1 T«/i 1 TT T sure fire risks in
corporation, by the name oi the Bowditch Mutual Fire In- Saiemforss
surance Company, in Salem, in the county of Essex, for years on the
,, . r*:-ii. ^^u r • ■ mutual pnnci-
the term of twenty-eight years, for the purpose of insuring pie.
mills, shops, tanneries, public buildings, taverns, stables,
and other buildings ; together with merchandise, machinery,
and any other property, real or personal : with all the pow-
ers 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 any act in addition
thereto. [Approved by the Governor, Jan. 28, 1847.]
An Act to incorporate the North Adams Iron Company. Ohfirt 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 :
Section 1. Nelson H. Stevens, Joseph N. Chapin, Rod- Persons incor-
man H. Wells, their associates and successors, are hereby p°^^^^^>
made a corporation, by the name of the North Adams Iron
Company, for the purpose of manufacturing iron in the fo manufacture
town of Adams, county of Berkshire, with all the powers 'ronm Adams,
and privileges, and subject to all the duties, restrictions, and
habilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Estate nouo
estate, necessary and convenient for the purpose aforesaid, f^^^^ " ""
40 ^ ^'
312
1847.-
-Chap. 2—5
not exceeding in amount two hundred thousand dollars.
[Approved by the Governor^ Jan. 29, 1847.]
An Act to incorporate the Taunton Locomotive 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 :
Section 1. William A. Crocker, Willard W. Fairbanks,
William Raymond Lee, their associates and successors, are
hereby made a corporation, by the name of the Taunton
Locomotive Manufacturing Company, for the purpose of
manufacturing the various kinds of steam-engines, rail-road
cars, and machinery, in the town of Taunton, county of
Bristol, 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 Stat-
utes.
Section 2. Said corporation, for the purposes aforesaid,
may hold real estate not exceeding in value one hundred
thousand dollars, and the whole capital stock shall not ex-
ceed two hundred and fifty thousand dollars. [Approved by
the Governor, Jan. 29, 1847.]
An Act to incorporate the Manomet Iron Company.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section L Clark Hoxie, William Stutson, Benjamin F.
Leonard, their associates and successors, are hereby made a
corporation, by the name of the Manomet Iron Company,
for the piH'pose of manufacturing iron, in all its various
forms, in the town of Sandwich, county of Barnstable, with
all the powers and privileges, and subject to all the duties,
restrictions, and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal
estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount one hundred thousand dollars.
[Approved by the Governor, Jan. 29, 1847.]
An Act to incorporate the Marblehead Cordage Company.
BE it enacted by the Seiiate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. John Bubier, William Fabens, David Blaney,
their associates and successors, are hereby made a corpora-
tion, by the name of the Marblehead Cordage Company, for
**'r'da"e^ifMar- ^^^ purpose of manufacturing cordage in the town of Mar-
cor age I - •jjjgj^gjjf^^ county of Esscx, with all the powers and privileges,
and subject to all the duties, restrictions, and liabilities, set
Chap. 3.
Persons incor-
porated,
to manufacture
steam-engines,
rail-road cars,
and machinery
in Taunton.
Real estate not
to exceed
^100,000, and
capital stock
gJJ50,000.
Chap. 4.
Persons incor-
porated,
to manufacture
iron in Scind-
wich.
Estate not to
exceed ^100,-
000.
Chap. 6.
Persons incor-
porated.
blehead.
1847. Chap. 5—7. 313
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purpose aforesaid, exceed §75,000.
not exceeding in amount seventy-five thousand dollars.
[App7oved by the Governor, Jan. 29, 1847,]
Aa Act giving further time to the President, Directors, and Company of the Q]i(i'n, 6.
Middlesex Bank, to close their concerns. -* *
JBE 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 Middlesex incorporation
Bank are hereby continued a body corporate for the period ^"^'"4^1849
of two years from the fourth day of April, in the year one
thousand eight hundred and forty-seven, 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
Revised Statutes. [Approved by the Governor, Jan. 30,
1847.]
An Act to authorize John M. Forbes and Samuel Henshaw, Trustees, to ex- Qhnr) 7
tend a "Wharf in the City of Boston. -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 :
John M. Forbes and Samuel Henshaw, as they are trus- Wharf in Bos-
tees of Joseph Lyman, Jr., and of Susan B. Lyman, his Ie,"J^d^o'','i,e'''
wife, are hereby authorized to extend their wharf on Charles line, &c.
Street, between West Boston Bridge and the Mill Dam, in
the westerly part of the city of Boston, to the line estab-
lished as the commissioners' line, 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, extended as
aforesaid, and receive wharfage and dockage therefor ; but
not to injure or interfere with the legal rights or the prop-
erty of any other persons or person.
Provided, however, that so much of said wharf as shall Provided, &c.
extend below low-water mark shall be built on piles, which
piles shall not be nearer to each other than six feet in the
direction of the stream, and eight feet in the transverse
direction : and provided, also, that this grant shall not be
construed to extend to any flats or land of this Common-
wealth, lying in front of the flats of any other persons, or
which would be comprehended by the true lines of such
flats, continued to the said commissioners' line. [Approved
by the Governor, Jan. 30, 1847.]
314
1847.-
■Chap. 8—10.
ChcLt), 8. -^^ ^'^'^ ^° authorize "William R. Lovejoy and others to extend their Wharf.
BE it enacted by the Senate and Hovse of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Wharf in Bos- William R. Lovejoy, James M. Whiton, and Alfred A.
tendTd^o^^he''^" Wellington, proprietors of a wharf situated in that part of
line, &c.
Provided, &c.
Chap. 9.
Duties, powers.
Chap. 10.
Persons incor-
porated,
to manufacture
oil and candles
in New Bedford.
Estate not to
exceed
^100,000.
Boston known as East Boston, are hereby authorized to
extend and maintain their wharf into the harbor channel,
as far as the line established by an act, entitled "An Act
concerning the Harbor of Boston," passed on the seven-
teenth day of March, in the year one thousand eight hun-
dred and forty, and shall have the right to lay vessels at
the end and sides of said wharf, and receive dockage and
wharfage therefor: provided, that so much of said wharf
as may be constructed below low-water mark shall be
built on piles, which piles shall not be nearer to each other
than six feet in a direction of the stream, and eight feet in
a transverse direction, and that this act shall in no wise
affect the legal rights of any persons or corporations what-
ever. [Ajoproved by the Governor, Feb. 3, 1847.]
An Act to establish a Fire Department in the Town of Framingham.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
A fire department is hereby established in the town of
Framingham, 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 Governor.
Feb. 3, 1847.]
An Act to incorporate the Boston and New Bedford Oil 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 :
Section 1. George T. Baker, Ward M. Parker, and
Samuel Goddard, their associates and successors, are here-
by made a corporation, by the name of the Boston and
New Bedford Oil Company, for the purpose of manufactur-
ing sperm, whale, and other oils, and spermaceti and stearin
candles, in the town of New Bedford, in the county of
Bristol, and, for these purposes, shall have all the powers
and privileges, and be subject to all the duties, restrictions,
and liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Section 2. Said corporation may hold such real and
personal estate as may be necessary and convenient for the
purposes aforesaid, not exceeding in amount one hundred
thousand dollars. [Approved by the Governor, Feb. 5, 1847.]
1847. Chap. 11—13, 316
Aa Act to incorporate the Rockport Steam Cotton Mills. ChttV, 11.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Jabez R. Gott, Josiah Haskell, David Bab- Persons incor-
son, their associates and successors, are hereby made a cor- po^'^'ed,
poration, by the name of the Rockport Steam Cotton Mills,
for the purpose of manufacturing cotton goods, in the town to manufacture
of Rockport, county of Essex, with all the powers and "^Jto" goods in
privileges, and subject to all the duties, restrictions, and ""^ P°^ •
liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Section 2. Said corporation may, for the purpose afore- Real estate not
said, hold real estate, not exceeding in value one hundred ^S\qqqqq and
thousand dollars, and the whole capital stock shall not ex- capital stock
ceed four hundred thousand dollars. [Approved by the .?*oo,ooo.
Governor, Feb. 8, 1S47.]
An Act to incorporate the Briggs Iron Company. Chnn 1 9
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. T.Perkins Pingree, John Kinsman, Amory Persons incor-
Holbrook, their associates and successors, are hereby made porated,
a corporation, by the name of the Briggs Iron Company,
for the purpose of mining and manufacturing iron in the to mine and
towns of Lanesborough or Pittsfield, county of Berkshire, pauufaciure
with all the powers and privileges, and subject to all the borough o"
duties, restrictions, and liabilities, set forth in the thirty- I'insfieid.
eighth and forty -fourth chapters of the Revised Statutes.
Section 2. Said corporation, for the purposes aforesaid. Real estate not
may hold real estate not exceeding in value one hundred $"100000* and
thousand dollars, and the whole capital stock shall not ex- capital stock
ceed three hundred thousand dollars. [Approved by the S300,ooo.
Governor, Feb. 8, 1847.]
An Act to define the Time of Night-time in Criminal Prosecutions. Chnn 1 S
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Whenever, in any criminal prosecution, an interval be-
offence is alleged to have been committed in the night-time, tween one hour
the time called night-time shall be deemed and be consid- onrboT'i.'^fore
ered to be the time which existed between one hour after sunf'sej&c
the sun-setting on one day, and one hour before sun-rising
on the next day ; and, in all cases, the time of sun-setting
and sun-rising shall be ascertained according to mean time,
in the place where the offence was committed.
Section 2. This act shall take effect from and after its when to take
passage. [Approved by the Governor, Feb. 9, 1847.] effect.
316 1847. Chap. 14—16.
Chttf). 14. -^^ ^^'^ concerning the Sale of Potatoes in this Commonwealth.
JBE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
In all purchases and sales of potatoes hereafter made,
Bnshei to weigh the Standard weight of the bushel shall be sixty pounds.
^xty pounds, And the provisions of the one hundred and ninety-ninth
section of the twenty-eighth chapter of the Revised Stat-
utes, shall hereafter apply to all such purchases and sales.
[App?oved by the Governor, Feb. 10, 1847.]
ChttT) 15. "^'^ "^^^ ^^ incorporate the Springfield Gas Light Company.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the aiithority of
the same, as follows :
Persons incor- SECTION 1. Jamcs D. Brevvcr, Albert Morgan, Henry
porated, Gray, their associates and successors, are hereby made a
corporation, by the name of the Springfield Gas Light Com-
to manufacture P^uy, for the purpose of manufacturing and disposing of
and sell gas hi gas in the towu of Springfield, in the county of Hampden ;
pr'ng e . ^^.^j^ ^^ j^j^g powers and privileges, and subject to all the
duties, restrictions, and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Real estate not SECTION 2. Said Corporation may, for the purposes afore-
ff5n'nn(i^ said, hold real estate not exceeding in value fifty thousand
capital sto"ck doUars ; and the whole capital stock shall not exceed one
gioo,ooo. hundred thousand dollars.
May open the SECTION 3. Said corporation, with the consent of the se-
ground in lectmeu of Said town of Springfield, shall have power and
Sp^rfngfieid,' '" authority to open the ground in any part of the streets,
with consent of lanes and highways, in said town, for the purpose of sink-
selectmen, .^jg ^^^^ repairing such pipes and conductors as it may be
necessary to sink, for the purpose aforesaid. And the said
Provided, &c. corporation, after opening the ground in said streets, lanes
and highways, shall be held to put the same again in repair,
under the penalty of being prosecuted for a nuisance ; pro-
vided, that the said selectmen, for the time being, shall, at all
times, have power to regulate, restrict and control the acts
and doings of said corporation, which may, in any manner,
affect the health, safety or convenience of the inhabitants
of said town. [Approved by the Governor, Feb. 10, 1847.]
Phnn 1 fi ^^ ^^"^ ^° establish the Bay Stale Bank.
" BE it enacted by the Seriate atid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Charlcs S. Storiow, Chailcs H. Bigelow and
porated as Johii Teuiiey, their associates and successors, are hereby
thuen tfii'octo^ made a corporation, by the name of the President, Directors
ber 1, 1851. and Company of the Bay State Bank, to be established in
1847. Chap. 16—18. 317
Methuen, in the county of Essex, and shall so continue un-
til the first day of October, which shall be in the year one
thousand eight hundred and fifty -one, with all the powers
and privileges, and subject to all tbe d aties, restrictions, and
liabilities, set forth in the public statutes of this Common-
wealth relative to banks and banking.
Section 2. The stock in said bank shall be transferred Stock transfera-
only at its banking house and in its books. hlTus^i &c!''"^
Section 3. The capital stock of said corporation shall capital to con-
consist of two hundred thousand dollars, to be divided into sistofJ200,ooo,
shares of one hundred dollars each, and to be paid in such KioJf^&c?^
instalments, and at such times, as the stockholders may di-
rect : provided^ the whole be paid in on or before the first Provided, &c.
day of January next. [Ajyproved by the Governor, Feb. 10,
1847.]
An Act in addition to an Act to incorporate the Agavvam Canal Company. Qhnr) I?
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloies :
The Agawam Canal Company, in addition to their pres- Maymanufac-
ent powers, are hereby authorized to manufacture cotton wooien'gwjds".
and woolen goods. [Approved by the Governor, Feb. IG,
1S47.J
An Act to incorporate the Tanners' Mutual Insurance Company. Chnn 1 8
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the uutltority of
ths same, as follows :
Section 1. Joseph Southwick, Abel Proctor and Timo- Persons incor.
thy C. Kendall, their associates and successors, are hereby surTfirl HsLs'in
made a corporation, by the name of the Tanners Mutual Boston for 20
Insurance Company, in Boston, for the term of twenty mTtua]°princi-
years, for the purpose of insuring tanneries and other prop- pie.
erty, real and personal, against loss by fire, in the usual
and customary manner, on the principle of a mutual insur-
ance company, with all the powers and privileges, and sub-
ject to all the duties 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.
Section 2. Policies having not more than one year to May insure tan-
run may be made, by this corporation, on tanneries out of "enes, &c., out
1 •r^i 11111 1 • •771 ofihisCommon-
this CommonweaUh, and the stocks therein; provided that wealth, for one
satisfactory security be given for securing the payment of y^"""-
the deposit notes, and any sums which may be assessed in Provided, &.c.
consequence of effecting such policies. [Approved by the
Governor, Feb. 16, 1847.J
41
318 1847. Chap. 19—20.
ChttV. 19 -^^ ^^^ concerning the Mutual Fire Assurance Company of Springfield and
■t " * the vicinity.
BE it enacted by the Senate and Hoiise of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Incorporation SECTION 1. The " Act to incorporate the Mutual Fire As-
Februar'^23 surauce Company of Springfield and the vicinity," passed
1867, ^"^^ ' February twenty-third, one thousand eight hundred and
twenty-seven, and the several acts in addition thereto, shall
be continued and remain in force for the term of twenty
years, from and after the twenty-third day of February, in
the year one thousand eight hundred and forty -seven ; and
said company shall have all the powers and privileges, and
be subject to all the duties, restrictions, and liabilities, set
forth in the thirty-seventh and forty-fourth chapters of the
Revised Statutes,
under anotiier SECTION 2. Said company'shall hereafter be called and
name. known by the name of the Mutual Insurance Company of
Springfield, and for the counties of Hampden, Hampshire,
and Franklin. [Approved by the Governor, Feb. 16, 1847.]
f^hnn 90 -^^ -^^"^ '° define more accurately the Limits for the Extension of certain
t/Mttjf/. -6U. Wharves 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 follows :
Wharves in Marcus A. Metcalf, proprietor of a certain wharf, situated
extended ^lo the ^* ^^® ^^^* ^^ Miuot Street and Andover street, in the city of
line, &c. Boston ; George Parkman, proprietor of a wharf on North
Grove street, in said city ; the heirs of Ward Jackson, pro-
prietors of a wharf situated on Grove street, in said city ;
Robert G. Shaw, and Eliza W. Shaw, his wife, proprietors
of a wharf adjoining the northerly side of Cambridge street
and Cambridge Bridge, in said city ; Benjamin Lamson, pro-
prietor of certain wharves called Lamson's wharves, situ-
ated on Marginal street, in that part of the city of Boston
called East Boston ; Stephen Locke and John "Wheeler, pro-
prietors of a wharf situated on Marginal street aforesaid ;
are hereby authorized to extend their several wharves, re-
spectively, to the line established as the commissioners' fine,
by an act concerning the harbor of Boston, passed on the
seventeenth day of March, in the year eighteen hundred
and forty, with all the privileges, and subject to all the lia-
bilities, mentioned in the several acts heretofore passed in
relation to the said wharves, respectively. [Approved by
the Governor, Feb. 16, 1847.]
1847. Chap. 21—22. 319
An Act to incorporate the Massachusetts Solar Gas and Foundry Company. Qfidp, 21.
BE it oiacled by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Samuel Curtis, Alfred Randall, James T. Persons incor-
Fislier, their associates and successors, are hereby made a P^'^^^ '
corporation, by the name of the Massachusetts Solar Gas
and Foundry Company, for the purpose of manufacturing to manufacture
gas, gas apparatus, and all kinds of iron-castings, and dis- g"^ apparatus,
posing of the same, in that part of the city of Boston called and iron-cast-
East Boston, county of Suffolk, with all the powers and ^^s, in Boston,
privileges, and subject to all the duties, restrictions, and
liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Section 2. Said corporation, for the purposes aforesaid, Real estate not
may hold real estate not exceeding in value fifty thousand 550^0^, and
dollars, and the whole capital stock shall not exceed one capital stock
hundred thousand dollars. 5100,000.
Section 3. Said corporation, with the consent of the May open the
mayor and aldermen of said city of Boston, shall have ft'r°e"s '^^ ^f
power and authority to open the ground in any part of the Boston with
streets, lanes, and highways, in that part of the city of ma"yor and
Boston called East Boston, for the purpose of sinking and aldermen,
repairing such pipes and conductors as it may be necessary
to sink for the purpose of conducting gas in said East Bos-
ton ; and the said corporation, after opening the grounds in
said streets, lanes, or highways, shall be held to put the
same again in good repair, under the penalty of being pros-
ecuted for a nuisance : provided, that the said mayor and Provided, &c.
aldermen, for the time being, shall, at all times, have power
to regulate, restrict, and control the acts and doings of said
corporation, which may in any manner affect the health,
safety, or convenience, of the inhabitants of said city. [Ap-
proved by the Governor, Feb. 18, 1847.J
An Act relating 10 the Providence and Worcester Rail-road Company. ChttJ) 22.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Providence and Worcester Rail-road May enter upon
Company, a corporation established by law, are hereby N^frwfch^and
authorized and empowered, the consent of the Norwich Horcester
and Worcester Rail-road Company being first obtained J^^ii-road with
1 c • I 1 • -11 I Tvr -1 T consent, &.C.
thereior, to enter with their rail-road upon the JNorwich and
Worcester Rail-road, at a point near the intersection of said
Norwich and Worcester Rail-road with the Western Rail-
road, in the town of Worcester, and thence to run their loco-
motive engines and cars upon said Norwich and Worces-
ter Rail-road, to a point at or near the depot of the Norwich
and Worcester Rail-road, on the north side of Mechanic
street, in said Worcester.
320
1847..
-Chap. 22—24.
When to take
effect.
Chap. 23.
Persons incor-
porated,
to manufacture
cotton goods in
Gloucester.
Estate not to
exceed
^400,000.
Time for loca- SECTION 2, The time withiii which said Providence and
Worcester Rail-road Company may file the location of their
road, so far as the same lies within this Commonwealth, is
hereby extended to the first day of July next.
Section 3. This act shall take effect from and after its
passage. '[Apj^roved by the Governor, Feb. 18, 1847.]
An Act to incorporate the Cape Ann Steam Cotton Manufactory.
BE it enacted by the Senate and House of Representa-
tives, 171 General Court assembled, and by the authority of
the same, as follows :
Section 1. Benjamin K. Hough, Jr., John W. Lowe,
George H. Rogers, their associates and successors, are
hereby made a corporation, by the name of the Cape Ann
Steam Cotton Manufactory, for the purpose of manufactur-
ing cotton goods in the town of Gloucester, 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.
Section 2. Said corporation may hold real and personal
estate, necessary and convenient for the purpose aforesaid,
not exceeding in amount four hundred thousand dollars.
[App?^oved by the Governor, Feb. 18, 1847.]
ChoV. 24. -^^ ■^'"'^ '° incorporate the Union Wharf Company, in the City of Boston.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the aiithority of
the same, as folloivs :
Section 1. John L. Gardner, Francis Peabody, and
George Peabody, their associates and successors, are hereby
made a corporation, by the name of the Union Wharf
Company, with power to purchase and hold, in fee simple,
or otherwise, all or any part of that tract of land, wharves,
docks, and flats, situated on the easterly side of Commercial
street, in said Boston, and bounded northerly by the line of
the estate known as Lincoln's wharf, westerly by said
Commercial street, southerly by the line of the estate
known as Sargent's wharf, and easterly by the commission-
ers' line, so called, in Boston harbor, with all the privileges
and appurtenances to the said premises belonging ; and the
said corporation may, within the limits aforesaid, construct
docks and wharves, lay vessels within and at the ends and
sides thereof, and receive dockage and wharfage therefor ;
erect buildings, lay out streets and passage-ways, and im-
prove and manage said property as to them shall seem ex-
pedient : provided, that nothing herein contained shall au-
thorize the said corporation to infringe upon the legal rights
of any person.
Section 2. The said corporation may, at any legal meet-
ing, agree upon the number of shares, not exceeding one
Persons incor-
porated to pur-
chase land,
wharves, &c.
in Boston,
and to build
wharves, &c.
Provided, &c.
Capital stock
to consist of
1000 shares of
glOOO.
1847. Chap. 24—27. 321
thousand, into which their stock shall be divided, which
shares sliall be transferable in a book to be kept by the Transferor
clerk of the corporation for that purpose; may, from time ^'°*^'^-
to time, assess upon the stockholders such sums of money, Assessments,
not exceeding, in the whole, one thousand dollars on each
share, as may be necessary for the purchase, improvement,
and management of their estate ; and may, in case any
stockholder shall neglect to pay any such assessment, cause shares of non-
such of the shares of said stockholder, as may be sufficient {Joijefs m*ay^'be
therefor, to be sold in such mode as the said corporation sold.
may, by its by-laws, determine.
Section 3. The said corporation shall have all the pow- Powers and
ers and privileges, and be subject to all the duties, restric- •^"''^^•
tions, and liabilities, contained in the forty-fourth chapter of
the Revised Statutes. [Approved by the Governor, Feb. 18,
1847.]
An Act to incorporate the Shirley Manufacturing Company. ChflT) 25
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Sherman Willard, William W. Edgarton, Persons inccr-
Israel Longley, their associates and successors, are hereby P°^ated,
made a corporation, by the name of the Shirley Manufac-
turing Company, for the purpose of manufacturing cotton to manufacture
goods in the town of Shirley, county of Middlesex, with all <"otton goods in
the powers and privileges, and subject to all the duties, re- "^^'
strictions, and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation, for the purpose aforesaid, Real estate not
may hold real estate not exceeding in value fifty thousand to exceed
dollars, and the whole capital stock shall not exceed one „pjiai stock
hundred thousand dollars. [Apjjroved by the Governor, ^100,000.
Feb. 18, 1847.]
An Act in addition to an Act to incorporate the Berkshire Woolen Company. Phnn 26
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, aiid by the authority of
the same, as follows :
The Berkshire Woolen Company, in addition to their Maymanufac-
present powers, are hereby authorized to manufacture flour ture flour and
and the various kinds of meal. [Approved by the Governor, "'^^''
Feb. 18, 1847.]
An Act to authorize Joseph K. Baker and another to build a Wharf. OlCLn. 27.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Joseph K. Baker and Arannah Small are hereby author- wharf may be
ized to build and maintain a wharf, extending four hundred buiu, &c. m
322 1847. Chap. 27—29.
Dennis, 400 feet feet into the sea from land owned by them in the town of
mtoihesea. j])ennis, near a place called the Shad Hole, and to lay ves-
sels at said wharf, and receive wharfage and dockage there-
Provided, &.c. for : provided, that this act shall in no wise affect the legal
rights of any other persons whatever. \^Approved by the
Governor, Feb. 22, 1847.J
Ch(tp. 28. -A-ii Act relating to Westford 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 :
Majority of So much of the fifth section of the act to establish an
trustees may be academy in the town of Westford, by the name of Westford
Westford.^ ° Academy, passed on the twenty-eighth day of September, in
the year one thousand seven hundred and ninety-three, as
requires that a major part of the trustees of said academy
shall consist of men who are not inhabitants of the town of
Westford, is hereby repealed. [Approved by the Governor,
Feb. 22, 1847.]
ChuP' 29. -^^ -^^^ '° establish the City of Charlestown.
BE it enacted by the Senate and House of Representa-
tives, iti General Court assembled, and by the authority of
the same, as follows :
Charlestown to SECTION 1. The inhabitants of the town of Charlestown
be a city. shall continue to be a body politic and corporate, under the
name of the City of Charlestown ; and, as such, shall have,
exercise, and enjoy all the rights, immunities, powers, and
privileges, and shall be subject to all the dtities and obliga-
tions, now incumbent upon, and appertaining to, said town
as a municipal corporation.
Administration, SECTION 2. The administration of all the fiscal, pruden-
&c. to be vested tJal, and municipal affairs of said city, with the government
a!d^rmen°and thereof, shall be vcstcd in one principal officer, to be styled
18 common the mayor ; one council of six, to be called the board of
counci men, aldermen ; and one council of eighteen, to be called the
common council, which boards, in their joint capacity, shall
be denominated the city council, and the members thereof
shall be sworn to the faithful performance of the duties of
Boards to serve their respective offices. A majority of each board shall
peLta'tion!"^" Constitute a quorum for doing business, and no member of
either shall receive any compensation for his services.
Selectmen to SECTION 3. It shall be the duty of the selectmen of the
intothreeVard" ^own of Charlcstown, as soou as may be after the passage
of this act, and its acceptance by the inhabitants, as herein-
after provided, to divide said town into three wards, as
nearly equal in number of inhabitants as may be consistent
Arrangement with Convenience in other respects. And it shall be the
vised°everyVve ^^^^Y of the city couucil, oucc in five years, to revise, and,
years by the if it be ncedful, to alter said wards, in such manner as to
city council.
1847. Chap. 29. 323
preserve, as nearly as may be, an equal number of voters in
each ward.
Section 4. On the second Monday in March, annually. Election, quaii-
there shall be chosen by ballot, in each of said wards, a duUes"ofwa?.
warden, clerk, and three inspectors of elections, who shall dens,
hold their offices for one year from the first Monday in
April following said second Monday in March, and until
others shall have been chosen in their places. And it shall
be the duty of such warden to preside at all ward meetings,
with the powers of moderator of town meetings. And if,
at any meeting, the warden shall not be present, the clerk
of such ward shall call the meeting to order, and preside
until a warden, pro tempore, shall be chosen by ballot. And
if, at any meeting, the clerk shall not be present, a clerk,
pro tempore, shall be chosen by ballot. The clerk shall re- clerk,
cord all the proceedings, and certify the votes given, and
deliver over to his successors in office all such records and
journals, together with all other documents and papers held
by him in said capacity. And it shall be the duty of the and inspectors
inspectors of elections to assist the warden in receiving, as- °' ^ *^'^''°'>^-
sorting, and counting the votes. And the warden, clerk. To serve under
and inspectors, so chosen, shall respectively make oath or *>^''^''^^-
affirmation faithfully and impartially to discharge their
several duties relative to elections, which oath may be ad-
ministered by the clerk of such ward to the warden, and by
the warden to the clerk and inspectors, or by any justice of
the peace for the county of Middlesex. And all warrants Warrants for
for meetings of the citizens for municipal purposes, to be ^^'■^.''"'^*^"^'
held either in wards or in general meetings, shall be issued " '
by the mayor and aldermen, and shall be in such form, and
shall be served, executed, and returned in such manner, and
at such times, as the city council may, by any by-law,
direct.
Section 5. The mayor and six aldermen, two aldermen Election, quaii-
to be selected from each ward, shall be elected bv the inhab- fi'^^tiou, and
^ , . , '. . , . •' . , term ofolticeof
itants 01 the city at large, voting in their respective wards, mayor, aider-
and six common council men shall be elected from and by '"p" ^"'^ <^?'"-
each ward, being residents of the war^ in which they are men.*^"""*^'
elected : all said officers shall be chosen by ballot, and shall
hold their offices for one year from the first Monday in
April, and the mayor, until another shall be elected and
qualified in his place.
Section 6. On the second Monday in March, annually. Proceedings at
the qualified voters in each ward shall give in their votes meetings for
for mayor, aldermen and common council men, warden,
clerk and inspectors, as provided in the preceding sections ;
and all the votes so given shall be assorted, counted, de-
clared, and registered in open ward meeting, by causing the
names of persons voted for, and the number of votes given
for each, to be written in the ward records, in words, at
324
1847.-
-Chap. 29.
Certificates of
elections to
members of
common coun-
cil.
Provided, &c.
Notification to
mayor.
Proceedings in
case of failure
to elect a may-
Proceedings to
supply vacancy
in the office of
mayor,
and of alder-
men.
Notification to
aldermen.
Administration
and record of
oaths of office.
Record, &c. in
case of failure
to choose a
mayor.
length. The clerk of the ward, within twenty-four hours
after such election, shall deliver to the persons elected
warden, clerk, inspectors, and members of the common
council, certificates of their election, signed by the warden
and clerk, and by a majority of the inspectors of elections,
and shall dehver to the city clerk a copy of the records of
such election, certified in like manner : provided^ however,
that, if the choice of warden, clerk, inspectors or common
council men cannot be conveniently effected on that day,
the meeting may be adjourned, from time to time, to com-
plete such election. The board of aldermen shall, as soon
as conveniently may be, examine the copies of the records
of the several wards, certified as aforesaid, and shall cause
the person who may have been elected mayor to be notified,
in writing, of his election ; but if it shall appear that no
person has received a majority of all the votes, or, if the
person elected shall refuse to accept the office, the board
shall issue their warrants for a new election, and the same
proceedings shall be had as are hereinbefore described, for
the choice of mayor, and repeated, from time to time, until
a mayor is chosen.
In case of the decease, resignation or absence of the
mayor, or of his inability to perform the duties of his office,
it shall be the duty of the board of aldermen and the com-
mon council, in convention, to order, by vote, an entry of
that fact to be made in their records, and then to elect a
mayor, for the time being, to serve until another is chosen,
or until the occasion causing the vacancy is removed.
And if it shall appear that the whole number of aldermen
have not been elected, the same proceedings shall be had as
are hereinbefore directed for choice of mayor. And each
alderman shall be notified in writing of his election, by the
mayor and aldermen for the time being.
The oath prescribed by this act shall be administered to
the mayor by the city clerk, or any justice of the peace for
the county of Middlesex.
The aldermen and common council men elect shall, on
the first Monday of April, at ten o'clock in the forenoon,
meet in convention, when the oath required by this act shall
be administered to the members of the two boards present,
by the mayor, or by any justice of the peace for the county
of Middlesex ; and a certificate of such oath having been
taken shall be entered on the journal of the mayor and al-
dermen, and of the common council, by their respective
clerks.
And whenever it shall appear that no mayor has been
elected previously to the said first Monday in April, the
mayor and aldermen for the time being shall make a record
of that fact, an attested copy of which the city clerk shall
read at the opening of the convention to be held as aforesaid.
1847. Chap. 29. 325
After the oath has been administered as aforesaid, the Organization of
two boards shall separate ; and the common council shall ^^'"'"°°^°"'^'
be organized by the choice of a president and clerk, to hold
their office during the pleasure of the common council, and
to be sworn to the faithful performance of their duties.
In case of the absence of the mayor elect on the first Mon- Proceedings in
day in April, the city government shall organize itself in orthe m^ay^"'^^
the manner hereinbefore provided, and may proceed to elect at the time
business in the same manner as if the mayor were present, '°'"o''ganization.
and the oath of office may be administered to the mayor at
anytime thereafter, in a convention of the two branches.
in the absence of the mayor, the board of aldermen may Mayor pro ^em-
choose a chairman, pro tempore, who shall preside at joint ^'""^•
meetings of the two boards.
Each board shall keep a record of its own proceedings, Duties of each
and iudge of the elections of its own members; and, in board as to rec-
, J o ^ 1 I oros rifflits to
failure of election, or in cases of vacancy declared by either seats, and new
board, the mayor and aldermen shall order a new election, elections.
Section 7. The mayor, thus chosen and qualified, shall Duties of may-
be the chief executive officer of said city. It shall be his *''"•
duty to be vigilant in causing the laws and regulations of
the city to be enforced, and to keep a general supervision
over the conduct of all subordinate officers, with power to
remove them for neglect of duty. He may call special
meetings of the boards of aldermen and common council, or
either of them, when necessary in his opinion, by causing
notices to be left at the places of residence of the several
members : he shall communicate, from time to time, to both
of them, such information, and recommend such measures,
as, in his opinion, the interests of the city may require:
he shall preside in the board of aldermen, and in convention
of the two branches, but shall have only a casting vote.
The salary of mayor, for the tirst year in which this Compensation,
charter shall take effect, shall be five hundred dollars, and
no more ; his salary shall afterwards be fixed by the city
council, but neither increased nor diminished during the
year for which he is chosen, and he shall have no other
compensation: provided, however, that the city council shall Mayor may be
have power to appoint the mayor, commissioner of high- hiehwayr"^'^ °^
ways, when, in their opinion, such an officer is necessary,
and allow him a suitable compensation therefor.
Section 8. The executive power of said city, generally, Executive pow-
and the administration of police, with all the powers here- ^rs of selectmen
X r 11 I /• ^1 1 1 11 1 1 transferred to
totore vested m the selectmen of Oharlestown, shall be vested mayor and ai-
in the mayor and aldermen, as fully as if the same were '^q™*'"' V^-^
herein specially enumerated. And all other powers now habitants trans-
vested in the inhabitants of said town, as a municipal cor- ferred to mayor
.• Ill .111- 1. and aldermen
poration, and all powers granted by this act, not herein and con
otherwise provided for, shall be vested in the mayor and council,
aldermen and common council of said city, to be exercised
42
lermen
common
326
1847.-
-Chap. 29.
Power of may-
or, &c. in re-
spect to ap-
pointments,
removals,
requiring bonds,
and licenses.
City council to
appoint, (fee.
certain officers.
Sittings to be
public, pro-
vided, &c.
Safe keeping,
&c. of city
property.
Mayor to nomi-
nate, &c.
Provided, &c.
by concurrent vote, each board to have a negative upon the
other.
And the mayor and aldermen shall have full and exclu-
sive power to appoint a constable and assistants, or a city
marshal and assistants, with the powers and duties of con-
stables, and all other police officers ; and the same to re-
move at pleasure.
And the mayor and aldermen may require any person,
appointed a constable of the city, to give bonds, with such
security as they may deem reasonable, before he enters
upon the duties of his office, upon which bonds the like
proceedings and remedies may be had as are by law pro-
vided in case of constables' bonds taken by the selectmen
of towns.
And the mayor and aldermen shall have the same power
to grant licenses to innholders, victuallers, and retailers,
within the city, which is possessed by the mayor and alder-
men of the city of Boston.
The city council shall, annually, as soon after their or-
ganization as may be convenient, elect, by joint ballot in
convention, a treasurer and collector of taxes, engineers of
the fire department, a city clerk, three assessors of taxes, —
and fix their compensations. They shall also, in such
manner as they shall determine, appoint or elect all other
subordinate officers, not herein otherwise directed, define
their duties, and fix their compensations.
All sittings of the common council shall be public, and all
sittings of the mayor and aldermen, when they are not en-
gaged in executive business.
The city council shall take care that no moneys be paid
from the treasury, unless granted or appropriated ; shall
secure a just and proper accountability, by requiring bonds,
with sufficient penalties and sureties, from all persons
trusted with the receipt, custody, or disbursement of money ;
shall have the care and superintendence of the city build-
ings, with the power to let or to sell what may be legally
sold ; and to purchase property, real or personal, in the
name and for the use of the city, whenever its interest or
convenience may, in their judgment, require it. And the
city council shall, as often as once in a year, cause to be
published, for the use of the inhabitants, a particular ac-
count of the receipts and expenditures, and a schedule of
city property.
Section 9. In all cases in which appointments are di-
rected to be made by the mayor and aldermen, the mayor
shall have the exclusive power of nomination, such nomi-
nation, however, being subject to be confirmed or rejected
by the board of aldermen : provided, however, that no per-
son shall be eligible to any office of emolument, the salary
of which is payable out of the city treasury, who, at the
1847. Chap. 29. 327
time of such appointment, shall be a member of the board
of aldermen or of the common council.
Section 10. The city clerk shall be clerk of the board Duties, &c. of
of aldermen, and shall be sworn to the faithful performance c'yderk.
of his duties. He shall perform such duties as shall be
prescribed by the board of aldermen ; and he shall perform
all the duties, and exercise all the powers, by law incum-
bent upon, or vested in, the town clerk of the town of
Charlestown. He shall be chosen for one year, and until
another shall be chosen and qualified in his place, but may
be at any time removed by the city council.
Section 11. The citizens, at their respective annual Overseers of
ward meetings for the choice of officers, shall elect, by bal- '^"^ p°°^-
lot, two persons in each ward, to be overseers of the poor ;
and the persons thus chosen, together with the mayor,
shall constitute the board of overseers of the poor, and
shall have all the powers, and be subject to all the duties,
now by law appertaining to the overseers of the poor for
the town of Charlestown.
And the citizens shall, at the same time and in the same School commit-
manner, elect five persons from the city at large, and two *®®-
persons from each ward, to be members of the school com-
mittee ; and the persons thus chosen shall constitute the
school committee, and have the care and superintendence
of the public schools ; and said school committee shall have
all the powers and privileges, and be subject to all the lia-
bilities, set forth in an act passed by the Legislature of
Massachusetts, in the year of our Lord one thousand seven
hundred and ninety-three, entitled "An Act to incorporate
certain Persons by the name of the Trustees of Charles-
town Free Schools," and all acts in addition thereto.
And the persons chosen by the city council as assessors, Assessors,
shall constitute the board of assessors, and shall exercise
the powers, and be subject to the duties and liabilities, of
assessors in towns.
All taxes shall be assessed, apportioned, and collected, in Assessment,
the manner prescribed by law relative to town taxes : pro- apportionment,
.,,, ^ , . ,,,1 1 r T r 1 • 1 and collection
vided, however, that it shall be lawtul tor the city council of taxes,
to establish farther additional provisions for the collection Provided, &,c.
thereof.
Should there fail to be a choice of overseers of the poor. Proceedings to
or members of the school committee, the vacancy or vacan- faid^boardr^"*
cies shall be filled by the city council in convention, in the
same manner that is provided for filling vacancies in the
Senate of this Commonwealth.
Section 12. The city council shall have exclusive au- Powers of city
thority and power to lay out any new street or town way, mavor'and^ °^
and to estimate the damages any individual may sustain aldermen, in
thereby; but all questions relating to the subject of laying [^^^^1^^^°^
out, accepting, altering or discontinuing any street or way, ways.
328
1847.-
-Chap. 29.
Appeals for
damages.
Health oflScers.
Power of city
council in res-
pect to drains
and common
sewers.
and to the in-
spection of
wood, «&c.
Duty of city
council to de-
termine number
of representa-
tives to General
Court, &c.
Proceedings at
and after meet-
ings for election
of County,
State and Fed-
eral officers.
shall first be acted upon by the mayor and aldermen. And
any person dissatisfied with the decision of the city council,
in the estimate of damages, may make complaint to the
county commissioners of the county of Middlesex, at any
meeting held within one year after such decision, where-
upon the same proceedings shall be had as are now pro-
vided, by the laws of this Commonwealth, in cases where
persons are aggrieved by the assessment of damages by
selectmen, in the twenty-fourth chapter of the Revised
Statutes.
Section 13. All power and authority now by law vested
in the board of health for the town of Charlestown, or in
the selectmen of said town, shall be transferred to, and
vested in, the city council, to be carried into execution in
such manner as the city council shall deem expedient.
Section 14. The city council shall have authority to
cause drains and common sewers to be laid down through
any street or private lands, paying the owners such damage
as they may sustain thereby ; and to require all persons to
pay a reasonable sum for the privilege of opening any
drain into said public drain or common sewer.
And the city council may make by-laws, with suitable
penalties, for the inspection, survey, measurement and sale
of lumber, wood, coal, and bark, brought into the city for
sale.
Section 15. It shall be the duty of the city council, an-
nually, in the month of October, to meet in convention and
determine the number of representatives to be elected by
the city to the General Court, in such year, which shall be
conclusive, and the number thus determined shall be speci-
fied in the warrant calling meetings for the election of rep-
resentatives.
Section 16. All elections for County, State and United
States officers, who are voted for by the people, shall be
held at meetings of the citizens qualified to vote in such
elections in their respective wards, at the time fixed by law
for these elections respectively ; and, at such meetings, all
the votes given for said several officers respectively shall
be assorted, counted, declared, and registered in open ward
meeting, by causing the names of all persons voted for, and
the number of votes given for each, to be written in the
ward record in words at length.
The ward clerk shall forthwith deliver to the city clerk
a certified copy of the record of such elections. The city
clerk shall forthwith record such returns; and the mayor
and aldermen shall, within two days after every such elec-
tion, examine and compare all said returns, and make out
a certificate of the result of such elections, to be signed by
the mayor and a majority of the aldermen, and also by the
city clerk, which shall be transmitted or delivered in the
1847. Chap. 29. 329
same manner as similar returns are by law directed to be
made by selectmen of towns.
And in all elections for representatives to the General
Court, in case the whole number proposed to be elected
shall not be chosen by a majority of the votes legally re-
turned, the mayor and aldermen shall forthwith issue their
warrant for a new election, conformably to the provisions
of the constitution and the laws of the Commonwealth.
Section 17. Prior to every election, the mayor and al- Lists of voters,
dermen shall make out lists of all the citizens of each ward
quahfied to vote in such elections, in the manner in which
selectmen of towns are required to make out lists of voters;
and, for that purpose, they shall have full access to the
assessors' books and lists, and be entitled to the assistance
of all assessors, assistant assessors, and city officers, and
they shall deliver said lists, so prepared and corrected, to
the clerks of said wards, to be used at such elections ; and
no person shall be entitled to vote whose name is not borne
on such list.
Section 18. General meetings of the citizens qualified Meetings of Uie
to vote may, from time to time, be held, to consult upon ^^'i'^^"*-
the public good ; to instruct their representatives : and to
take all lawful measures to obtain redress for any griev-
ances, according to the right secured to the people by the
constitution of this Commonwealth. And such meetings
may and shall be duly warned, by the mayor and alder-
men, upon the requsition of fifty qualified voters.
Section 19. For the purpose of organizing the system First organiza-
of government hereby established, and putting the same government.
into operation in the first instance, the selectmen of the
town of Charlestown, for the time being, shall, on some
day during the months of March or April of the present
year, issue their warrants seven days at least previous to
the day appointed, calling meetings of the said citizens,
at such place and hour as they may deem expedient,
for the purpose of choosing a warden, clerk, and inspectors
for each ward, and all other officers whose election is pro-
vided for in the preceding sections of this act; and said select-
men shall appoint, for this first meeting, a warden, clerk, and
three inspectors of elections for each ward, which officers shall
be sworn to the faithful discharge of their duties ; and the
transcripts of the records of each ward, specifying the votes
given for the several officers aforesaid, certified by the war-
den and clerk of such ward at said first meeting, shall be
returned to the said selectmen, whose duty it shall be to
examine and compare the same, and, in case said elections
should not be completed at the first meeting, then to issue
new warrants until such elections shall be completed ; and
to give notice thereof, in the manner hereinbefore directed,
to the several persons elected. And at said first meeting, a
330
1847.-
-Chap. 29.
Subsequent
organizations.
Appointment of
city officers by
city council.
Votes for coun-
ty officers.
Powers of city
council to make
by-laws, with
penalties, &c.
Provided, &c.
Annual town
meeting sus-
pended, &c.,
and town offi-
cers to hold
over, &c.
Proceedings in
case of non-
acceptance of
this charter.
list of voters in each ward, prepared and corrected by the
selectmen for the time being, shall be delivered to the clerk
of each ward, when appointed to be used as hereinbefore
directed. And the selectmen shall appoint such time, for
the first meeting of the city council, as they may judge
proper, after the choice of city officers as aforesaid, or a
majority of the members of both branches, not later than
the first Monday in May, in the year one thousand eight
hundred and forty-seven, and shall also fix upon the place
and the hour of said first meeting ; and a written notice
thereof shall be sent, by said selectmen, to the place of abode
of each of the city officers chosen as provided in this section.
And after this first election of city officers, and this first
meeting for the organization of the city council, as in this
section is provided, the day of holding the annual elections,
and the day and hour for the meeting of the city council,
for the purpose of organization, shall remain as provided in
the sixth section of this act.
And it shall be the duty of the city council, immediately
after the first organization, to elect all necessary city offi-
cers, who shall hold their offices respectively until others
are chosen and qualified. And at the meetings to be called
as prescribed in this section for the choice of ward and city
officers, the said inhabitants may, and shall, also give in
their votes for county officers, Avhich votes shall be record-
ed, certified, and returned, in the manner provided in the
sixteenth section of this act.
Section 20. The city council shall have power to make
all such salutary and needful by-laws, as towns, by the
laws of this Commonwealth, have power to make and
establish, and to annex penalties, not exceeding twenty
dollars, for the breach thereof, which by-laws shall take
effect, and be in force, from and after the time therein res-
pectively limited, without the sanction of any court, or
other authority whatever : provided, hoiaeve?', that all laws
and regulations now in force in the town of Charlestown,
shall, until they shall expire by their own limitation, or be
revised or repealed by the city council, remain in force, and
all fines and forfeitures for the breach of any by-law, or
ordinance, shall be paid into the city treasury.
Section 21. The annual town meeting for the town of
Charlestown, which by law is to be held in the month of
March, is hereby suspended, and all town officers now in
office shall hold their places until this act shall go into
operation ; and in case this charter shall not be accepted in
the manner and form as hereinafter provided, then the se-
lectmen shall issue their warrant according to law, for hold-
ing the annual town meeting of the inhabitants, in which
all the proceedings shall be the same as if this act had not
been passed.
1847. Chap. 29—30. 331
Section 22. All officers of the town of Charlestown, Delivery of
having the care and custody of any records, papers, or prop- cu'^^^jg^if^''' *°
erty, belonging to said town, shall deliver the same to the
city clerk wiiliin one week after his entering npon the du-
ties of his office.
Section 23. All such acts and parts of acts, as are in- Repeal of in-
consistent with the provisions of this act, shall be, and the consistent pro-
^ , ' ' visions.
same are, hereby repealed.
Section 24. Nothing in this act contained shall be so Legislature
construed as to prevent the Legislature from alterinar or ""^^ ^".f^ ^"*^.
,. ^ o ,111 •" amend this act.
amending the same, whenever they shall deem it expe-
dient.
Section 25. This act shall be void, unless the inhabi- Act to be void
tants of the town of Charlestown, at a legal town meeting, by inhabitants^*'
called for that purpose, shall, by a vote of a majority of the &c.
voters present and voting thereon, by a written ballot, deter-
mine to adopt the same within twenty days from and after
its passage, at which meeting the polls shall be kept open not
less than six hours, and the presiding officer, in receiving
said ballots, shall use the check-lists, in the same manner
as they are used in elections.
Section 26. This act shall go into operation from and When to take
after its passage. \Approved by the Governor, Feb. 22, ^^'^*^'-
1847.]
An Act concerning the Chelsea Branch Rail-road Company. CflCip. 30.
BB a enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
Section 1. The Chelsea Branch Rail-road Company are Location of
hereby empowered to locate, construct, and maintain, a '^''^"^'^ '■^''"
branch rail-road, with one or more tracks, commencing at
some convenient point in the line of their road heretofore
authorized to be built by said corporation in Chelsea, at or
near the easterly margin of the Winnisimmet Company's
marsh, near the old Maiden road, thence continuing easterly
and southeasterly through lands of Cary, and of said Win-
nisimmet Company, east of Highland street, to a point in
the Eastern rail-road, or on the southeasterly side thereof,
at East Boston, thence continuing southwesterly to some
convenient point or depot on or near the deep water south-
easterly of said Eastern rail-road depot, or to alter or dis-
continue so much of their granted road as lies northerly and
easterly of the point at which the line of the branch hereby
authorized commences, as may be deemed expedient; pro-
vided, that said line, if altered, shall run southerly of the
Cary Dell, and so as to join the branch hereby authorized.
And also to alter or straighten the line of the road north-
westerly of the said old road to Maiden, provided the Win-
nisimmet Company shall consent thereto; provided, also,
332
1847.-
-Chap. 30.
The Legislature
may authorize
its use by any
other company.
May hold real
estate in East
Boston,
and increase
capital slock
not exceeding
10,000 shares.
May allow
other corpora-
tions to estab-
lish depots on
their land, &,c.
May enter upon
and use the
Eastern rail-
road.
Time for loca-
tion and com-
pletion of road.
Capital stock
subject to gen-
eral provisions
of law, &c.
that, in all cases wherever said rail-road shall cross south-
easterly of the old county road leading to Maiden, any
street, highway, or turnpike now constructed, or to be con-
structed in said town of Chelsea, as laid down on the plan
of the Winnisimmet Company, said rail -road company
shall construct and maintain good and substantial bridges
across said rail-road, grading the highways thereto, so that
the public travel on said streets, highways, or turnpike, may
not, in any way, be obstructed by said rail-road.
Section 2. The Legislature may authorize any company
to enter with another rail-road upon, and use the said Chel-
sea Branch Rail-road, or any part thereof, by complying
with such reasonable rules and regulations as the said
Chelsea Branch Rail-road Company may prescribe, or as
may be determined according to the provisions of law.
Section 3. The said Chelsea Branch Rail-road Company
are hereby authorized to hold real estate in East Boston,
southeasterly of the Eastern rail-road depot, and between
said depot, and land, and flats, late of John Brown de-
ceased, for depots, storehouses, and rail-road purposes, and
may increase their capital stock not exceeding ten thousand
shares.
Section 4. The said Chelsea Branch Rail-road Company
may allow any other rail-road corporation to establish de-
pots on their premises, and may sell or lease the land which
may be necessary therefor ; and all such rail-road corpora-
tions as may establish depots on said premises are hereby
authorized to hold the same in fee simple, or otherwise.
Section 5. Said Chelsea Branch Rail- road Company is
hereby authorized to enter, with their roads, upon the East-
ern rail-road, and to use the same, or any part thereof, ac-
cording to the provisions of law in that behalf made and
provided.
Section 6. If the Chelsea Branch Rail-road Company
shall not, within one year, file a location of their roads, in
manner required by law, or if said roads shall not be com-
pleted within three years from the passage of this act, then
this act shall be void.
Section 7. The general provisions of law relative to the
purchase of any rail-road by the Commonwealth, and the
provisions of the act incorporating the Chelsea Branch Rail-
road Company relative to tolls, shall apply to the capital
stock of said company, as the same may, at any time, exist,
or be affected by any sale authorized by this act. [Approved
by the Governor, Feb. 23, 1847.]
1847. Chap. 31—33. 333
An Act in addition to an Act to incorporate the Worcester County Manual /^t „„ o-i
Labor High School. l^HUp.Ol.
BE it enacted by the Senate and House of Rcpreseiita-
tlves, in General Court assembled, and by the authority of
the same, as follows :
The corporation now known by the name of " The Tins- incorporation
tees of the Worcester County Manual Labor High School," SSam?'
in the town of Worcester, shall be hereafter called and
known by the name of " The Trustees of the Worcester
Academy in Worcester ;" said corporation to be subject to
all the duties and liabilities, and entitled to all the advanta-
ges and privileges, contained in the act to which this is in
addition. [Approved by the Governor, Feb. 24, 1847.]
An Act requiring Banks and Savings Institutions, under Settlement, to make f*h„„ QO
Annual Reports. ^/tO//. u>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 :
Section 1. The directors of every bank, and the trustees Directors, trus-
of every savings institution, who have been, or may here- l^a^e'^eporu to
after be, authorized to settle and close their concerns, and the L-^s-isiaiure
all agents and receivers who have been, or may here- of iiabihties,&c.
after be, appointed to take possession of the property and
effects of any bank, shall annually, on the second Wednes- on every second
day of January in each year, make a report to the Legisla- Wednesday in
ture, stating, under specific heads, the liabilities and the ^°"^''^"
property of each corporation, and rendering a full account
of their receipts, payments, and doings, in the execution of
their respective trusts.
Section 2. All directors and trustees of every bank and Penalty for neg-
savings institution, authorized to close their concerns, and ^^^'•
all agents and receivers appointed to take possession of the
property and effects of any bank, who shall neglect to com-
ply with the provisions of the preceding section, shall sev-
erally forfeit to the use of the Commonwealth, to be recov-
ered by the treasurer thereof, twenty dollars for each and
every day's neglect; and no payment of any forfeiture so
incurred, or of any expenses resulting from such forfeiture,
shall be allowed as a charge against such bank or savings
institution. [Approved by the Governor, Feb. 24, 1847.]
An Act to incorporate the New England Chemical Laboratory. CkfW 3S
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Daniel Jagger, Gardner Dickinson, Montgom- Persons incor-
ery Newell, their associates and successors, are hereby made porated,
a corporation, by the name of the New England Chemical
43
334
1847.-
■Chap. 33—35.
to manufacture
chemical prep-
arations and
gun cotton in
Westhamplon.
Real estate not
to exceed
^^25,000, and
capital stock
5100,000.
Chap. 34.
Persons incor-
porated,
to manufacture
earthen and
stone ware, &c.
in Somerset.
Real estate not
to exceed
;g30,000, and
capital stock
^60,000.
Chap. Q5.
Persons incor-
porated.
to manufacture
cotton goods in
South Boston.
Estate not to
exceed
g300,000.
Laboratory, for the purpose of manufacturing chemical prep-
arations and gun-cotton in the town of Westhampton,
county of Hampshire, with all the powers and privileges,
and subject to all the duties, restrictions, and liabilities, set
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Section 2. Said corporation, for the purposes aforesaid,
may hold real estate not exceeding, in value, twenty-five
thousand dollars, and the whole capital stock shall not ex-
ceed one hundred thousand dollars. ^Approved by the Gov-
ernor, Feb. 24, 1847.]
An Act to incorporate the Somerset Potters' Works.
BE it enacted by ike Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Leonard Chace, Benjamin G. Chace, Benja-
min Cartwright, their associates and successors, are hereby
made a corporation, by the name of the Somerset Potters'
Works, for the purpose of manufacturing earthen ware,
stone ware, hre brick, stove linings, black lead crucibles,
and other articles of which clay and sand are the principal
materials, in the town of Somerset, county of Bristol ; with
all the powers and privileges, and subject to all the duties,
restrictions, and liabilities, set forth in the thirty-eiglith and
forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation, for the purposes aforesaid,
may hold real estate not exceeding, in value, thirty thousand
dollars, and the whole capital stock shall not exceed sixty
thousand dollars. [Ap2}roved by the Governor, Feb. 24,
1847.]
An Act to incorporate the Boston South Steam Cotton 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 :
Section 1. George Mountfort, William B. Dorr, Joshua
Jenkins, their associates and successors, are hereby made a
corporation, by the name of the Boston South Steam Cotton
Mill Company, for the purpose of manufacturing cotton
goods in that part of the city of Boston called South Bos-
ton; 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.
Section 2. Said corporation may hold real and personal
estate, necessary and convenient for the purposes aforesaid,
not exceeding, in amount, tliree hundred thousand dollars.
[Approved by the Governor, Feb. 24, 1847.]
1847. Chap. 36—37. 335
An Act to incorporate the Gloucester Mutual Fishing Insurance Company. />^^~j 0£?
BE it enacted by the Senate arid House of Representa- ^'
iives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Joseph I. Procter, Joseph Friend, Fitz E. Persons jncor-
Riggs, their associates and successors, are hereby made a ^"ouc^g^'st'er to
corporation, by the name of the Gloucester Mutual Fishing insure vessels
Insurance Company, to be established in the town of Glou- ^^"''go'^eaJs^n
cester, for the purpose of makmg insurance against maritime the mutual p'rin-
losses on fishing vessels and their outfits, on the principle of <='P'®-
a mutual company, and, for this purpose, shall have all the
powers and privileges, and be subject to all the duties, re-
strictions, and liabilities, set forth in the thirty-seventh and
forty-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.
Section 2. No policy shall be issued until application Restrictions on
shall be made for one hundred thousand dollars to be in- issiiin^ policies
sured, and no division of any of the profits remaining in profits?' '°^
the hands of the company shall be made, so long as the
company shall be held accountable for any policy issued by
them. [Aj)proved by the Governor, March 3, 1847.]
Chap. 37.
An Act authorizing the Supreme Judicial Court to restrain the Abuses of
Corporate Power by Cities and Towns in certain cases.
BE it enacted by the Senate and Hoiise of Representa-
tives, in Gener'il Court assembled, and by the authority of
the same, as follows :
Section 1. Whenever any city or town shall have voted Power of Su-
, . uij r-i- Ji- i preme Court in
to raise by taxation, or by pledge oi its credit, or to pay Equity to re-
over, from moneys in its treasury, any sum or sums of strain towns
money, lor any other purpose, or purposes, than those lor senses on peti-
which it may have the legal right and power so to do, the tion, &c.
Supreme Judicial Court shall have power, upon the suit, or
petition, of any inhabitants, not less than ten, of such city,
or town, liable to be taxed therein, briefly setting forth the
cause of complaint, to hear, and finally determine in equity
all such cases; and any justice of said court may, as well and of Justices
•. 1- • • ■ •.• 1 1 thereof to issue
m vacation as in term time, issue an injunction, and make injunctions &c.
all such orders and decrees as may be necessary or proper ' ■
to restrain or prevent any violation or abuse of said legal
right and power of such city or town, until the final deter-
mination of such causes by the Supreme Judicial Court;
and no order or decree of said court, or of any justice
thereof, shall be discharged or invalidated on account of
want of jurisdiction in said court or justice.
Section 2. This act shall take efiect from and after its When to take
passage. \^Approved by the Governor, March 3, 1847.] ^^^^^-
1847.-
-Chap. 38—40.
Chap. 38.
Persons incor-
porated lor 20
years,
to build, pur-
chase, and em-
ploy steam-
boats, &-C., ia
the harbor of
Newburyport,
and on the Mer-
rimack River.
Capital stock
not to exceed
;g50,000 in
shares of ^50.
An Act to incorporate the Merrimack Steam Navigation 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 :
Section 1. John Burrill, John Huse, and John N. Wills,
with their associates and successors, are hereby made a
corporation, by the name of the Merrimack Steam Naviga-
tion Company, with power to build, purchase, hold, con-
vey, hire, and employ one or more steamboats, with such
apparatus and appendages as may be found necessary for
steam navigation and the transportation of merchandise
and passengers, in and about the harbor of Newburyport
and on the Merrimack River, for the term of twenty years.
Section 2. The capital stock of said corporation shall
not exceed fifty thousand dollars, to be divided into shares
of fifty dollars each ; and, for the purpose of such steam
navigation, this corporation 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. [^Ajjj^roved by the Gov-
ernor, March 3, 1847.]
An Act to authorize Stephen Dillingham 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 sam.e, as follows :
Stephen Dillingham is hereby authorized to build and
maintain a wharf, from land owned by him at West Fal-
mouth Harbor, so called, in the town of Falmouth, and
shall have the right to lay vessels at said wharf, and re-
Provided, Si.c, ccive wharfage and dockage therefor: provided, that this
act shall, in no wise, affect the legal rights of any corpora-
tions or persons whatever. [Approved by the Governor,
March 3, 1847.]
Chap. 39.
Wharf may be
built in Fal-
mouth, &c.
Chap. 40.
Fish committee
to be chosen in
March or April.
To serve under
oath.
Their duties.
An Act to regulate the Herring or Alewive Fishery in Chappaquonset Pond
and Creek, in the Town of Tisbury.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The inhabitants of the town of Tisbury, in
the county of Dukes County, at their annual meeting in the
month of March or April, shall choose one or more discreet
persons as a fish committee, who shall be sworn to the
faithful performance of their duty, and whose duty it shall
be to regulate the herring or alewive fishery in Chappa-
quonset Pond and Creek, in said town ; to prescribe the
time, manner, and place or places where said fish may be
taken by the inhabitants of said town ; also, to remove any
obstructions that may be in said cr^ek, and to keep the
1847. Chap. 40. 337
stream open for the passage of said fish from the Vineyard
Sound, or sea, into Chappaquonset Pond, so that the inhabit-
ants of said town may enjoy a free fishery.
Section 2. The fish committee, for the time being, shall Commiuee to
post up, at three or more pubhc places in said town, on or ^^efr reg'uia °^
before the tenth day of March in each and every year, the tions.
regulations established by said committee respecting the
fishery in Chappaquonset Pond and Creek.
Section 3. Any person who shall oppose or obstruct Penalty for
said committee in the performance of their duty, or shall "PP"siiig com-
1 J I mitlc6 or l3k.-
obstruct said fish in their passage, or take or destroy any of ing, obstructing,
said fish, at any time or place, except at such time and or destroying
place as said committee shall direct, on conviction before
any justice of the peace in the county of Dukes County,
not an inhabitant of the town of Tisbury, shall forfeit and
pay a fine, for each oflence, not exceeding twenty dollars,
one half to the nse of the town, the other half to the per-
son or persons giving the information.
Section 4. All persons, not otherwise disqualified, shall inhabitants may
be taken to be competent and legal witnesses in any prose- ^e witnesses.
cution upon this act, they being inhabitants of the town of
Tisbury notwithstanding.
Section 5. The selectmen of the town of Tisbury are Selectmen may
hereby empowered to direct the fish committee to take and empower com-
sell such part of the fish, taken in said creek, as shall be suffi- and sell fish to
cient to pay all expenses that have accrued or may accrue pay expenses,
in securing and preserving said fishery: jjrovided, that the
quantity or number so required shall not exceed one sixth '^"^ ed,Sic.
part of all the fish taken by the inhabitants of said town,
in any one year, at said fishery.
Section 6. If any damage is sustained by the owners of Owners of land
the land on which said fish are taken by the inhabitants of a"e ma"°re-^"'"
the town of Tisbury, the selectmen of said town shall pay cSver irom the
a reasonable compensation therefor, when demanded. And ^"'^"•
in case of a refusal, by the selectmen, to pay a reasonable
compensation, the same may be recovered by an action on
the case against the said town of Tisbury.
Section 7. No person shall take any herrings or ale- Herrin-^s, &c.
wives from the Vineyard Sound, or sea, within one mile of not to be'iaken,
said Chappaquonset Creek, or make any new outlets from made"&c! ex-
said Chappaquonset Pond, except it shall be done by a vote fept 'V vote of
of the inhabitants of the town of Tisbury, at a legal meet- ^^^ '°'''"-
ing warned and held for that purpose.
Section S. Nothing in this act shall be so construed as Limitations of
to prevent the owners of the marsh or meadows from flow- preceding pro-
ing or draining their meadows, through ^Chappaquonset ^'"°"'"
Creek, whenever it can be done without obstructing the
passage of the herrings or alewives to and from Cliappa-
quonset Pond. And nothing in this act contained shall
aff"ect any suit now pending, or the legal rights of any per-
son. [Ajyproved by the Governor, March 4, 1S47.]
338
1847.-
•Chap. 41—42.
Repeal of acts
creating trus-
tees, &LC,
OhciP' 41 -All Act to repeal the Acts establishing a Ministerial Fund, in the South
■^ Parish in Reading.
BE it enacted hy the Senate and House of Representa-
tives^ iti General Court assembled, and hy the authority of
the same, as follows :
Section 1. The act passed on the fourteenth day of
June, in the year one thousand eight hundred and twenty-
three, entitled " An Act to estabhsh a Fund for the Support
of the Gospel Ministry, in the South Parish of the Town of
Reading, in the County of Middlesex, and to appoint Trus-
tees for the Management thereof," and the act in addition
to an act, entitled " An Act to establish a Fund for the Sup-
port of the Gospel Ministry in the South Parish in the Town
of Reading, in the County of Middlesex, and to appoint
Trustees for the Management thereof," passed on the twelfth
day of June, in the year one thousand eight hundred and
twenty-four, are hereby repealed.
Section 2. It shall be the duty of the treasurer of the
board of said trustees, to deliver to the treasurer of the
south parish in Reading all notes, accounts, effects, obliga-
tions, and securities, in his possession at the time of the
passage of this act, or which may come to his possession
thereafter ; and the treasurer of said parish is hereby au-
thorized to demand and recover the same, and dispose
thereof as directed by said parish: provided, however, that
said parish shall devote said property exclusively to paro-
chial purposes.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 4, 1847.]
Treasurer of
trustees to de-
liver property
to treasurer of
the South Par-
ish, &c.
Provided, &c.
When to take
effect.
Chap. 42.
Persons incor-
porated.
Estate not to
exceed ^50,000,
to be devoted
exclusively, &c.
Donations, &.C.
heretofore made
to the society,
to belong to the
corporation, and
be appropriated,
&c.
An Act to incorporate the American Unitarian Association.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Charles Briggs, Samuel K. Lothrop, Henry
P. Fairbanks, their associates and successors, are hereby
made a corporation, by the name of the American Unita-
rian Association, with all the powers and privileges, and
subject to all the duties, liabilities, and restrictions, set forth
in the forty-fourth chapter of the Revised Statutes ; and said
corporation may hold real and personal estate to the value
of fifty thousand dollars, to be devoted exclusively to the
promotion of the interests of moral and religious instruc-
tion .
Section 2. All donations, devises and bequests of real
and personal estate, which may heretofore have been made
to the American Unitarian Association, or to the executive
committee tliereof, shall be and enure to the use and benefit
of the corporation hereby created, to be appropriated, how-
ever, to the purposes designated in any such donation, de-
vise, or bequest.
1847. Chap. 42—44. 339
Section 3. This act shall take effect from and after its when to take
passage. [App7oved by the Governor^ March 4, 1847.] effect.
An Act to continue in force An Act to incorporate the Plymouth Institution /^/, „.. aq
for Savings, and to change its name. K^IKXp. 4«J.
BE it enacted by tltc Senate and House of Represejita-
iives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The act passed on the eleventh day of June, incorporation
in the year one thousand eight hundred and twenty-eight, continued with-
entitled "An Act to incorporate the Plymouth Institution for ^6^'^^''°" "^
Savings," shall be and remain in force without limitation as
to a term of time J and said institution shall be continued
as a corporation, with all the powers and privileges, and
subject to all the duties, liabilities, and restrictions, set forth
in the thirty-sixth chapter of the Revised Statutes, and in
all other laws of this Commonwealth relating to savings
banks and institutions for savings.
Section 2. From and after the eleventh day of June, in under another
the year one thousand eight hundred and forty-eight, the °^'"®'
corporate name of "Plymouth Institution for Savings"
shall be changed, and the said corporation shall be known
and called by the name of " Plymouth Savings Bank," any
thing in this act, or in the act incorporating said institution,
to the contrary notwithstanding.
Section 3. Said institution is authorized to hold real es- Real estate not
late to an amount not exceeding ten thousand dollars. [Ap- lo exceed
proved by the Governor, March 4, 1847.] ^io,ooo.
An Act authorizing Ebenezer H. Stacy and others to extend their Wharf. ChciT). 44.
BE it enacted by the Senate and Honse of Representa-
tives, in General Court assembled, and by the authority of
the sam,e, as follows :
Ebenezer H. Stacy, Eli F. Stacy, Frederick G. Low, and wharf in giou-
Frederick G. Low, Jr., are hereby authorized to extend and expend rd^'L^^
maintain their wharf, at Duncan's Point, in the town of exceeding 128
Gloucester, in the county of Essex, into the harbor of said ^^^t, &c.
town of Gloucester, in a southeasterly direction, to a dis-
tance not exceeding one hundred and twenty-eight feet,
covering Harbor Rock, so called, and shall have the right to
lay vessels at the end and sides of said wharf, and receive
wharfage and dockage therefor, jyrovidcd that this grant Prawrferf^&c.
shall not, in any manner, interfere with the legal rights of
any person or persons whatever. \Approved by the Governor,
March 5, 1847.]
340 1847. Chap. 45—47.
nhn A'' An Act to incorporate the Gloucester 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 :
Persons incor- SECTION 1. Geoi'ge H. Rogers, Epes Sayward, and Sam-
cesTJr^to" insure ^^"^^ Giles, their associates and successors, are hereby made
marine risks for a Corporation, for the term of twenty years, by the name of
20 years. ^j^g Gloucester Marine Insurance Company, to be established
in the town of Gloucester, in the county of Essex, for the
purpose of making maritime loans and insurance against
maritime losses, with all the powers and privileges, and sub-
ject to all the duties, liabihties, and restrictions, set forth in
the thirty-seventh and forty-fourth chapters of the Revised
Statutes, so far as they are applicable to the corporation
Ca itai to con- hereby created.
sist of g30,ooo, Section 2. The capital stock of said company shall be
'.J.'inn^'^'^^J''^ ,„ fifty thousand dollars, to be divided into shares of one hun-
ff 1 00, and may ,•',,,, • i i-i • • -, ■ ^ ^
be increased to drcd dollars, With liberty to increase said capital stock to
5100,000. Q^jg hundred thousand dollars.
s'peJTM/'of" Section 3. Said company shall not take, on any one
capital stock to risk, more than eight per cent, of their capital stock. [>4/>-
^,^,1^^^''°'"''''^ proved by the Governor, March 5, 1847.]
Chan 46 '^^ "^^^ ^° incorporate the Lee Academy.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the sayne, as follows :
Persons incor- SECTION 1. Asa G. Welch, William Porter, Jr., and Lewis
porated. Bcach, tlicir associates and successors, are hereby made a
corporation, by the name of the Lee Academy, to be estab-
lished in Lee, in the county of Berkshire, with all the
powers and privileges, and subject to all the duties, restric-
tions, and liabilities, set forth in the forty-fourth chapter of
the Revised Statutes.
Estate to be SECTION 2. Said corporation may hold real and personal
^15,000, and to estate to the value of fifteen thousand dollars, to be devoted
DG QGVOtGCl OCC •
' * exclusively to purposes of education. [Approved by the
Governor, March 6, 1847.]
Chnn 47 ^^ ^'^^ ^^ incorporate the Quaboag 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 :
Persons incor- SECTION 1. Johu Moore, Nathaii Richardsou, Nathan M.
porated, Cutler, their associates and successors, are hereby made a
corporation, by the name of the Quaboag Manufacturing
to manufacture Company, fur the purpose of manufacturing cotton and
en'go"o'ds'*rnd'' wooleu goods and machinery, in the town of Warren,
machinery in couuty of Worcester, with all the powers and privileges,
Warren. ^,^^ subject to all the duties, restrictions, and liabilities, set
1847. Chap. 47—50. 341
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Section 2. Said corporation may, for the purpose afore- Real estate not
said, hold real estate not exceeding, in value, two hundred ^°^!.^^
thousand dollars, and the whole capital stock shall not ex- fapHai stock
ceed three hundred thousand dollars. [Approved by the poo,ooo.
Governor^ March 6, 1847.]
An Act to incorporate the Lowell Chemical Company. CJlCtTJ* 48
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Section 1. John M. Ordway, John L. Ordway, John A. Persons incor-
Buttrick, their associates and successors, are hereby made a P°''*'^'^'
corporation, by the name of the Lowell Chemical Company,
for the purpose of manufacturing Paris green and other to manufacture
chemical preparations, in the city of Lowell, in the county iuTowdf."* '^'
of Middlesex, with all the powers and privileges, and sub-
ject to all the duties, restrictions, and liabilities, set forth in
the thirty-eighth and forty-fourth chapters of the Revised
Statutes ; jyrovided that the city council of the city of Low- Provided &c.
ell shall first give their consent to the location of such works
within the limits of said city.
Section 2. Said corporation may hold real and personal Estate not to
estate necessary and convenient for the purposes aforesaid, ^To^o^,ooo.
not exceeding, in amount, one hundred thousand dollars.
[Approved by the Governor, March 6, 1847.]
An Act to authorize Phineas Drew to extend his Wharf. f^hnn AQ
BE it enacted by the Senate and House of Rcpresenta- "'
iives, in General Court assembled, and by the authority of
the same, as follows :
Phineas Drew is hereby authorized to extend and main- wharf at Na-
tain the wharf now owned by him, and adjoining his land h^nt may be
at Nahant, into the bay in front of said Nahant, in Lynn, ^'"^°'*^^' ^*=-
in the county of Essex, one hundred and fifty feet ; 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 Provided, &c.
the legal rights of any persons whatever. [Approved by the
Governor, March 6, 1847.]
An Act to incorporate the Ward Manufacturing Company, f^hn AH
BE it enacted by the Senate and House of Representa-
iives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Frederick A. Barton, Timothy W. Carter, Persons incor-
Addison Ware, their associates and successors, are hereby po^ated,
made a corporation, by the name of the Ward Manufactur-
ing Company, for the purpose of manufacturing cotton to manufacture
goods in the town of Springfield, county of Hampden, with |°"°Jlfi|°d*^^ ^°
44 ^"°
342 1847. Chap. 50—53.
all the powers and privileges, and subject to all the duties,
restrictions, and liabilities, set forth in the thirty-eighth and
forty-iourth chapters of the Revised Statutes.
Real estate not SECTION 2. Said Corporation, for the purpose aforesaid,
«3CW000 and ^^^Y ^old real estate, not exceeding in value three hundred
capital slock thousand dollars, and the whole capital stock shall not ex-
;gi,ooo,ooo. (.Qg{j (^^Q million of dollars, [Approved by the Governor^
March 6, 1847.]
Phnn 'il ■'^'^ "^^^ ^° regulate the Keeping of Gun-Cotton and other like Substances.
"' ' BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as folloivs :
Towns, &c. The inhabitants of any town, and the government of
may order gun- any city in this Commonwealth, may order that no gun-
be'kepi under cotton, or Other substaucc prepared, like it, for explosion,
regulations like shall be kept vvithiu the limits of such town or city, ex-
guupowder, &c. ^epting under the regulations and penalties that are now
applicable by law to gunpowder ; and, if it shall be consid-
ered necessary for public safety, they may restrict the quan-
tity to be so kept to one fifth of the weight of gunpowder
allowed by law in each case provided for. [Approved by
the Governor^ March 6, 1847.]
f^hnn ^^9 ^^ "^^^ ^° increase the Capital Stock of the LoM^ell Bleachery.
* * * BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Capital stock The Lowell Bleachery are hereby authorized to increase
may be increas- their Capital stock by adding thereto one hundred and fifty
and''mav^be ' thousaud dollars, and to invest such portion thereof in real
invested in real estate as may be necessary and convenient for the purpose
estate. ^^^ which they have been incorporated. [Approved by the
Governor, March 6, 1847.]
r^T ra An Act to incorporate the Massachusetts Iron 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 :
Persons incor- SECTION 1. Horace Gray, Benjamin T. Reed, Samuel
porated, Hooper, their associates and successors, are hereby made a
corporation, by the name of the Massachusetts Iron Com-
to work and pa-^y? for the purposc of working and manufacturing iron,
manufacture in that part of the city of Boston known as South Boston,
Boston. °" county of Suffolk, with all the powers and privileges, and
subject to all the duties, restrictions, and liabilities, set forth
in the thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Estate not to Section 2. Said corporation may hold real and personal
FsTOOOO estate, necessary and convenient for the purposes aforesaid,
' ' not exceeding, in amount, five hundred thousand dollars.
[Approved by the Governor ^ March 6, 1847.]
1847. Chap. 54—56. 343
An Act to authorize Addison Gage and others to extend their Wharf, in {^AflW. 54
Charlestown, called Swett's Wharf. "'
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as folloips :
Addison Gage, Jacob Hittinger, Timothy T. Sawyer, and Maybeextend-
Thomas H. Frothingham, are hereby authorized to extend ^J°^he''°«'
their wharf, in the town of Charlestown, to the line estab-
lished by the "Act concerning the Harbor of Boston," passed
on the seventeenth day of March, in the year one thousand
eight hundred and forty, and shall have the right to lay
vessels at the end and sides of said wharf, and receive
wharfage and dockage therefor : provided that so much of Provided, &c.
said wharf as shall extend below low-water mark shall be
built on piles, which piles shall not be nearer to each other
than six feet, in the direction of the stream, and eight feet
in a transverse direction, and that the provisions of this act
shall in no wise affect the legal rights of any persons what-
ever. [App?-oved by the Governor, March 6, 1847.]
An Act to incorporate the Glendale Woolen Company. OhttV, 55,
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Samuel C. Buel, Lewis Beach, James H. Persons incor-
Royce, their associates and successors, are hereby made a P°'^^® '
corporation, by the name of the Glendale Woolen Com-
pany, for the purpose of manufacturing cotton and woolen to manufacture
goods, and dyeing and printing, in the town of Stockbridge, ^°"°en'"'oo(jg
coimty of Berkshire, with all the powers and privileges, and dye and "
and subject to all the duties, restrictions, and liabilities, set print^ m stock-
forth in the thirty-eighth and forty-fourth chapters of the ° * _
Revised Statutes.
Section 2. Said corporation, for the purposes aforesaid. Real estate not
may hold real estate, not exceeding in value one hundred )^i^*'ooo, and
thousand dollars, and the whole capital stock shall not capital stock
exceed two hundred and fifty thousand dollars. [Approved S^o^ooo.
by the Governor, March 6, 1847.]
An Act to establish the Appleton Bank in Lowell. ChcLJ), 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 :
Section 1. Isaac Farrington, J. B. French, and Jon a- Persons incor-
than Tyler, their associates and successors, are hereby bankerlb
made a corporation, by the name of the President, Direc- Lowell, tin Oc-
tors, and Company, of the Appleton Bank, to be established 'o^eri, 185L
in Lowell, in the county of Middlesex, and shall so con-
tinue until the first day of October, which shall be in the
year one thousand eight hundred and fifty-one, with all the
344 1847. Chap. 66—59.
powers and privileges, and subject to all the duties, restric-
tions, and liabilities, set forth in the public statutes of this
Commonwealth, relative to banks and banking,
stock transfera- SECTION 2, The stock in said bank shall be transferred
bie at banking Qj^jy ^^ j^g bankiuff house, and in its books.
' ■ Section 3. The capital stock of said corporation shall
sisforsiTO,ooo consist of one hundred thousand dollars, to be divided into
in shares of shares of ouc hundred dollars each, and to be paid in such
^Ifin Art*
' ' instalments, and at such times, as the stockholders may
Provided, &.c. direct : provided the whole be paid in on or before the first
day of January next. [Approved by the Governor, March
6, 1847.]
C^hnv ^7 ^^ ^^^ ^° incorporate the Samoset Steam Mills.
BE it enacted by the Senate and Uojtse of Representa-
tives, in General Court assembled, and by the aiUhority of
the same, as follows :
Persons incor- SECTION 1. Isaac L. Hedge, Joseph Cushman, William
porated, ]y[_ Jacksou, their associates and successors, are hereby
made a corporation, by the name of the Samoset Steam
to manufacture Mills, foT the purpose of manufacturing cotton goods in the
p°"° outh"'^* '° town of Plymouth, county of Plymouth, with all the pow-
^^°" * ers and privileges, and subject to all the duties, restrictions,
and liabilities, set forth in thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Real estate not SECTION 2. Said corporation, for the purpose aforesaid,
sioooKf a d may hold real estate not exceeding in value one hundred
capital stock thousaud dollars, and the whole capital stock shall not
«30o,ooo. exceed three hundred thousand dollars. [Approved by the
Governor, March 6, 1847.]
Chat) 58. "^^ "^"^^ '^ authorize Parker Cook 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 :
Wharf in Parker Cook is hereby authorized to extend and main-
Provincetown ^^^j^ ^]^g wharf uow owncd by him, and adioinin^ his land
may be extend- . ^ . . 1,1 /• -r-v • 1
ed to low-water m Provincetown, uito the harbor of Provincetown, to low-
mark, &c. water mark at the lowest tides, and shall have the right to
lay vessels at the end and sides of said wharf, and receive
Provided, &.C. dockage and wharfage therefor: pj-ovided, this grant shall
not in any manner interfere with the legal rights of any
persons whatever. [Approved by the Governor, March 6,
1847.]
Chap* 69« -^^ -^^"^ relating to the Salaries of the Watchmen of the State Prison.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
Annual salaries ^^«^^«^^.«V^^^'^^'\ . . ..•,-,
tobe$530each, 1" rom and after the first day of April, m the year one
isl?.^^"' '' thousand eight hundred and forty-seven, the salary of each
1847. Chap. 69—60. 345
of the watchmen of the State Prison shall be five hundred
and fifty dollars per annum, payable quarterly. [Approved
by the Gover?io)', March Q, 1847.]
An Act to establish the City of New Bedford. Chap, 60.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
Section 1. The inhabitants of the town of New Bedford New Bedford to
shall continue to be a body politic and corporate, under the ^e a city,
name of the City of New Bedford ; and, as such, shall have,
exercise, and enjoy all the rights, immunities, powers, and
privileges, and shall be subject to all the duties and obliga-
tions, now incumbent upon and appertaining to said town
as a municipal corporation.
Section 2. The administration of the fiscal, prudential, Administration,
OCC* to DC VGStCCl
and municipal affairs of said city, and the government in a mayor, 6 ai-
thereof, shall be vested in one principal officer, to be styled dermen, and 24
, ' -1 /. • 1 1 • J 1 ^1 i_ J common council
the mayor; one council oi six, to be denominated the board men, &c.
of aldermen; and one council of twenty-four, to be denom-
inated the common council ; — which boards, in their joint who jointly
capacity, shall be denominated the city council, and the chycouncn"and
members thereof shall be sworn to the faithful performance serve under
of the duties of their respective offices. A majority of each °^^'^-
board shall constitute a quorum for the transaction of busi- Boards to serve
ness, and no member of either board shall receive any com- pgn'^sa"'^,^"'""
pensation for his services. All the powers now vested, by Powers of town
law, in the town of New Bedford, or in the inhabitants or inhabitants
thereof, as a municipal corporation, shall be vested in the c^y^counc^iil**
city council, composed as provided in this section, and shall
be exercised by concurrent vote, each board having a nega-
tive on the other.
Section 3. It shall be the duty of the selectmen of the Selectmen to
town of New Bedford, as soon as may be after the passage fn'o'e^^'Trds"'^"
of this act and its acceptance by the inhabitants, as herein- &c. subject to
after provided, to divide said town into six wards, to con- coundi" S^.*^'^^
tain, as nearly as conveniently may be, an equal number of
inhabitants; which proceedings of the selectmen shall, be
subject to the revision of the city council, within one year
after the passage of this act. And it shall be the duty of Arrangement
the city council, once in five years, and not oftener, to re- J^^,;^°^ ^"^^^^
vise, and, if it be needful, to alter said wards, in such man- five years by
ner as to preserve, as nearly as may be, an equal number of t^-e c'<y council.
inhabitants in each ward.
Section 4. On the first Monday of March, annually. Election, quaii-
there shall be chosen by ballot, in each of said wards, a ^cat'ons, and
, -, , T , ■ r ^ ■ ■ ^ c duties, of war-
warden, clerk, and three inspectors oi elections, residents ot dens,
the wards in which they are chosen, who shall hold their
offices for one year, and until others have been chosen in
their places and qualified to act.
346
1847.-
•Chap. 60.
clerks,
and inspectors
of elections.
To serve under
oath, &c.
Warrants for
ward and city
meetings.
Election and
term of office
of mayor, alder-
men, and com-
mon council
men.
Proceed-ngs
at and after
meetings for
elections of
mayor, &c.
It shall be the duty of such warden to preside at all ward
meetings, with the powers of moderator of town meetings.
And if, at any such meeting, the warden shall not be pres-
ent, the clerk of such ward shall call the meeting to order,
and preside until a warden, pro tempore, shall be chosen by
ballot. And if, at any meeting, the clerk shall not be pres-
ent, a clerk, pro tempore, shall be chosen by ballot. The
clerk shall record all the proceedings, and certify the votes
given, and deliver over to his successor in office all such
records and journals, together with all other documents and
papers held by him in said capacity. It shall be the duty
of the inspectors of elections to assist the warden in receiv-
ing, assorting, and counting the votes. And the warden,
clerk, and inspectors, so chosen, shall respectively make
oath faithfully and impartially to discharge their several
duties relative to all elections, which oath may be adminis-
tered by the clerk of such ward to the warden, and by the
warden to the clerk and inspectors, or by any justice of the
peace for the county of Bristol. A certificate that said oath
has been taken shall be entered upon the records of the
ward by the clerk thereof. All warrants for the meetings
of the citizens for municipal purposes, to be held either in
wards or in general meetings, shall be issued by the mayor
and aldermen, and shall be in such form, and shall be served,
executed, and returned at such time, and in such manner,
as the city council may, by any by-law, direct.
Section 5. The mayor and si.x aldermen, one alderman
being selected from each ward, shall be elected by the qual-
ified voters of the city at large, voting in their respective
wards ; and four common council men shall be elected from
and by the voters of each ward, being residents in the wards
when elected. All said officers shall be chosen by ballot.
The aldermen and common council men shall hold their
offices for one year from the first Monday in April, and the
mayor until another shall be elected and qualified in his
place.
Section 6. On the first Monday in March, annually,
immediately after a warden, clerk, and inspectors shall have
been elected and sworn, the qualified voters in each ward
shall give in their votes for mayor, aldermen, and common
council men, as provided in the preceding section : all the
votes so given shall be assorted, counted, declared, and reg-
istered in open ward meeting, by causing the names of per-
sons voted for, and the number of votes given for each, to
be written in the ward record at length. The clerk of the
ward, within twenty-four hours after such election, shall
deliver to the persons elected members of the common
council certificates of their election, signed by the warden
and clerk, and by a majority of the inspectors of elections,
and shall deliver to the city clerk a copy of the records of
1847.— Chap. 60. 347
such election, certified in like manner: provided^ however, Provided, &.c.
that, if the choice of members of the common council shall
not be effected on that day, the meeting may be adjourned,
from time to time, to complete such election. The board of Notification to
aldermen shall, as soon as conveniently may be, examine ma>or.
the copies of the records of the several wards, certified as
aforesaid, and shall cause the person who shall have been
elected mayor to be notified, in writing, of his election ; but
if it shall appear that no person has received a majority of Proceedings in
the votes, or if the person elected shall refuse to accept the [„ e^e°ci L^may-
office, the board shall issue its warrants for a new election, or, or of refusal
and the same proceedings shall be had, in all respects, as '» serve,
are hereinbefore provided for the choice of mayor, and re-
peated, from time to time, until a mayor shall be chosen.
In case of the decease or resignation of the mayor, or of Proceedings to
his inability to perform the duties of his office, the boards tnX^offke'oF
of aldermen and common council shall, respectively, by mayor,
vote, declare that a vacancy exists and the cause thereof;
whereupon, the two boards shall meet in convention and elect
a mayor to nil such vacancy ; and the mayor thus elected
shall hold his office until the inability, causing the vacancy,
shall be removed, or until a new election.
If it shall appear that the whole number of aldermen and of alder-
have not been elected, the same proceedings shall be had as '"^"*
are hereinbefore provided in regard to the office of mayor.
Each alderman shall be notified, in writing, of his election. Notification to
by the mayor and aldermen for the time being. aldermen.
The oaths prescribed by this act may be administered to Administration
the mayor by the city clerk, or by any justice of the peace oaihrof office,
for the county of Bristol.
The aldermen and common council men elect shall, on the
first Monday of April, at 10 o'clock in the forenoon, meet in
convention, when the oath required by the act shall be ad-
ministered to the members of the two boards present, by the
mayor, or by any justice of the peace for the county of Bris-
tol, and a certificate, setting forth that such oath has been
taken, shall be entered, in the journal of the mayor and
aldermen and of the common council, by their respective
clerks.
Whenever it shall appear that a mayor has not been Record,&c.in
elected previously to the said first Monday of April, the j^ p^hoosea"^^
mayor and aldermen, for the time being, shall make a rec- mayor,
ord of that fact, an attested copy of which the city clerk
shall read at the opening of the convention, to be held, as
aforesaid, on the first Monday of April.
After the oaths have been administered, as aforesaid, the organization of
two boards shall separate ; and the common council shall be common coun-
organized by the choice of a president and a clerk, to hold
their offices during the pleasure of the common council, the
348
1847.-
-Chap. 60.
Proceedings in
case of absence
of the mayor or
members of the
city council
elect.
Mayor pro tem-
pore.
Records, deter-
mination of
elections, &c.
Dutiesof mayor.
Compensation.
Executive pow-
ers of selectmen
transferred to
mayor and al-
mea.
clerk to be under oath faithfully to perform the duties of his
office.
In case of the absence of the mayor elect on the first
Monday of April, the city government shall organize itself
in the manner hereinbefore provided, and may proceed to
business in the same manner as if the mayor were present ;
and the oath of office may, at any time thereafter, in con-
vention of the two branches, be administered to the mayor,
and any member of the city council who may have been
absent at the organization.
In the absence of the mayor, the board of aldermen may
choose a presiding officer pro tempore, who shall also pre-
side at joint meetings of the two boards. Each board shall
keep a record of its own proceedings, and judge of the elec-
tions of its own members ; and, in case of failure of elec-
tion, or in case of vacancy, declared by either board, the
mayor and aldermen shall issue their warrants for a new
election.
Section 7. The mayor shall be the chief executive offi-
cer of the city. It shall be his duty to be vigilant and
active in causing the laws to be enforced, and to keep a
general supervision over the conduct of all subordinate offi-
cers ; and he may, whenever in his opinion the public good
may require, remove, with the consent of the appointing
power, any officer over whose appointment he has, in accord-
ance with the provisions of this charter, exercised the power
of nomination.
He may call special meetings of the boards of aldermen
and common council, or either of them, when, in his opin-
ion, the interests of the city require it, by causing notices to
be left at the usual dwelling-place of each member of the
board or boards to be convened.
He shall, from time to time, communicate to both boards
such information, and recommend such measures, as the
business and interests of the city may, in his opinion, re-
quire.
He shall preside in the board of aldermen and in conven-
tion of the two boards, but shall have a casting vote only.
The salary of the mayor, for the first year in which this
charter shall take effect, shall be eight hundred dollars and
no more.
After the first year, the salary of the mayor shall be de-
termined by the city council, and payable at stated periods ;
but shall not, at any time, exceed eight hundred dollars, and
he shall have no other compensation ; but such compensa-
tion shall not be increased or diminished during the year
for which he is chosen.
Section 8. The executive power of said city, generally,
and the administration of police, with all the powers here-
tofore vested in the selectmen of New Bedford, shall be
1847 Chap. 60. 349
vested in the mayor and aldermen, as fully as if the same
were herein specially enumerated.
The mayor and aldermen may require any person, who Power of may-
may be appointed a marshal or constable of the city, to give spec^^o requir-
bonds, with such security and to such amount as they may ing bonds, &c.
deem reasonable and proper ; upon which bonds the like
proceedings and remedies may be had as are by law pro-
vided in case of constables' bonds required by the selectmen
of towns in this Commonwealth.
The mayor and aldermen shall have full power to grant and to license*,
licenses to innholders, victuallers, and retailers, within the
city, in as full and ample a manner as the mayor and alder-
men of the city of Boston, by virtue of the laws of the
Commonwealth.
The city council shall annually, as soon after their or- City council to
ganization as may be convenient, elect by ioint ballot, in appoint, &c.
. -,11 •^•'i,, ' _ certain officers.
convention, a city clerk, a city treasurer, and collector of
taxes, and firewards, and shall, in such manner as the city
council shall determine by any by-law made for the pur-
pose, appoint or elect all subordinate officers, not herein
otherwise directed, for the ensuing year, define their duties
and compensations, in cases wherein such duties and com-
pensations shall not be defined and fixed by the laws of this
Commonwealth. And the city council shall, in like man-
ner, elect a constable and assistant constable, or a city mar-
shal and assistants, with the powers and duties of consta-
bles, and all other needful police officers ; provided^ however, Provided, Si,c.
that no person shall be chosen a marshal or constable, or to
any other office in the police of the city, who shall not have
been nominated to the city council by the mayor.
All sittings of the mayor and aldermen, of the city coun- sittings to be
cil and common council, shall be public when they are not pubhc, prowrf-
engaged in executive business. '
The city council shall take care that no moneys be paid Safekeeping,
from the treasury, unless granted or appropriated; shall se- property.^^
cure a just and prompt accountability, by requiring bonds,
with sufficient penalties and sureties, from all persons en-
trusted with the receipt, custody, or disbursement of money;
shall have the care and superintendence of the city build-
ings, and the custody and management of all city property,
with the power to let or sell what may be legally sold; and
to purchase property, real or personal, in the name and for
the use of the city, whenever the interest or convenience of
the inhabitants may, in their judgment, require it. The Publication of
city council shall, as often as once a year, cause to be pub- receipts and ex-
. •/ ' Mr DCJlClltlirGS OCC»
lished, for the use of the inhabitants, a detailed account of '
the receipts and expenditures, and a schedule of city prop-
erty and the city debts.
Section 9. No person shall be eligible to any office, the Aldermen and
salary of which is payable out of the city treasury, who, at cnmento'^beln
45
350
1847.-
■Chap. 60.
eligible to any
salaried office
under the city
goverjament.
Duties, &.C. of
city clerk.
Overseers of
the poor.
School Com-
mittee.
Assessors.
Assistant as-
sessors.
Provided, &,c.
Proceedings in
case of failure
to elect.
, »!.-■■■ •
the time of his appointment, shall be a member either of
the board of aldermen or common council ; and no member
of either of these boards shall hold any other office under
the city government.
Section 10. The city clerk shall be clerk of the board of
aldermen, and shall be sworn to the faithful performance of
his duties. He shall perform such duties as shall be pre-
scribed by the board of aldermen, and shall perform all the
duties, and exercise all the powers, by law incumbent upon,
or vested in, the town clerk of the town of New Bedford.
He shall be chosen for one year, and until another is cho-
sen and qualified in his place, but may be, at any time, re-
moved by the city council.
He shall deliver to his successor in office, as soon as cho-
sen and qualified, all journals, records, record-books, pa-
pers, documents, or other things, held by him in his capacity
of city clerk.
Section 11. The qualified voters, at their respective
annual ward-mestings, to be held on the first Monday of
March, shall elect, by ballot, one person in each ward, who
shall be a resident of the ward, to be an overseer of the
poor; and the persons thus chosen shall, with the mayor of
the city, together constitute the board of overseers of the
poor, and shall have all the powers, and be subject to all the
duties, now bylaw appertaining to the overseers of the poor
for the town of New Bedford.
And the qualified voters shall, at the same time and in
like manner, elect three persons in each ward, who shall be
residents of the ward, to be members of the school commit-
tee; and the persons so chosen shall constitute the school
committee, and have the care and superintendence of the
public schools.
And the qualified voters shall, at the same time and in
like manner, elect one person in each ward, who shall be a
resident of the ward, to be an assessor ; and the persons
thus chosen assessors in the several wards shall constitute
the board of assessors, and shall exercise the powers, and
be subject to the duties and liabilities, of assessors of towns.
An assistant assessor for each ward, who shall be a resi-
dent of the ward, may be chosen, in the same manner as is
herein provided for the choice of assessor, when the city
council shall so order ; which assistant assessors shall be
sworn to the faithful performance of their duties. All taxes
shall be assessed, apportioned, and collected, in the manner
prescribed by the laws of the Commonwealth : provided,
however^ that the city council may establish further or addi-
tional provisions for the collection thereof
In case it should be found inconvenient to complete the
election, in any ward, of the overseers of the poor, school
committee, assessor, or assistant assessors, on the day of the
1847. Chap. 60. 351
annual ward meeting, said meeting shall be adjourned,
from time to time, until the elections shall be completed.
Section 12. The city council shall have the same power Powers of city
in relation to the laying out, acceptance, altering, or discon- mayor and al-
tinuing of streets and ways, and the assessment of dam- demen, in re-
ages, which selectmen and inhabitants of towns now by ^a'^wrys!'^^*^^
law have; but all petitions and questions relating to laying
out, widening, altering, or discontinuing any street or way,
shall be first acted on by the mayor and aldermen.
Any person aggrieved by any proceedings of the mayor Appeals for
and aldermen, or city council, in the exercise of such pow- **^™2&6*-
ers, shall have the same right of appeal, to the county
commissioners of the county of Bristol, as are given by the
laws of the Commonwealth to appeal from the decision of
selectmen or the inhabitants of towns.
Section 13. All the power and authority now, by law, Healih officers,
vested in the board of health for the town of New Bedford,
shall be transferred to, and vested in, the city council, to be
carried into execution by the appointment of health com-
missioners, or in such manner as the city council may deem
expedient.
Section 14. The city council shall have authority to Power of city
cause drains and common sewers to be laid down through specT'to'draiiis
any street or private lands, paying the owners such damage and common
as they may sustain thereby; and to require all persons to *^^^"'
pay a reasonable sum for the privilege of opening any drain
into said public drains or common sewers ; and may make
by-laws with suitable penalties for the inspection, survey,
admeasurement, and sale of wood, coal, and bark, brought
into the city for sale.
Section 15. The police court of the town of New Bed- Powers of po-
ford, in addition to its present powers and jurisdiction, '*^^ *^°"'*'
which are hereby continued to it, shall have cognizance of
all offences against the by-laws and regulations which may
be established by the city council of the city of New Bed-
ford, and may, on conviction thereof, award such sentence
as to law and justice may appertain.
Any person aggrieved by such sentence may make appeal Right of appeal,
therefrom to the court of common pleas for the county of
Bristol, under the restrictions and conditions provided by
law in other cases of appeal from said court.
In all prosecutions by complaint before the said police Formofcom-
court, founded on the special acts of the Legislature, or the P'**°'"
ordinances and by-laws of the city of New Bedford, it shall
be sufficient to set forth, in such complaint, the offence
fully and plainly, substantially and formally ; and, in such
complaint, it shall not be necessary to set forth such special
act, by-law, or ordinance, or any part thereof; and the
provisions of this section, with regard to such prosecutions,
shall also apply to all prosecutions founded on the by-laws
362
1847.-
-Chap. 60.
Duty of city
council to de-
termine number
of representa-
tives in Cieneral
Court, &c.
Proceedings at
and after meet-
ings for election
o< County,
State, and Fed-
eral officers.
Lists of voters
to be prepared
by the mayor
and aldermen,
Provided, &c.
or ordinances of the town of New Bedford, which may re-
main in force after this act shall go into operation.
Section 16. It shall be the duty of the city council, in
the month of October, annually, to meet in convention, and
determine the number of representatives to be elected to the
General Court by the city in such year, and to publish such
determination, which shall be conclusive; and the number,
thus determined, shall be specified in the warrant calling
meetings for the election of representatives.
Section 17. All elections for county. State, and United
States officers, who are voted for by the people, shall be held
at meetings of the citizens qualified to vote in such elec-
tions, in their respective wards, at the time fixed by law
for these elections respectively; and, at such meetings, all
the votes given for said several officers respectively shall be
assorted, counted, declared, and registered, in open ward
meeting, by causing the names of all persons voted for, and
the number of votes given for each, to be written in the
ward record, at length. The ward clerk shall forthwith
deliver to the city clerk a certified copy of the record of
such elections. The city clerk shall forthwith record such
returns, and the mayor and aldermen shall, within two
days after every such election, examine and compare all
said returns, and make out a certificate of the result of such
elections, to be signed by the mayor and a majority of the
aldermen, and also by the city clerk, which shall be trans-
mitted or delivered in the same manner as similar returns
are by law directed to be made by selectmen of towns.
^In all elections for representatives to the General Court,
in case the whole number proposed to be elected shall not be
chosen by a majority of the votes legally returned, the
mayor and aldermen shall forthwith issue their warrants
for a new election, conformably to the provisions of the
constitution and the laws of the Commonwealth.
Section 18. Prior to every election, the mayor and al-
dermen shall make out lists of all the citizens of each ward
qualified to vote in such elections, in the manner in which
selectmen of towns are required to make out lists of voters;
and, for that purpose, they shall have full access to the
assessors' books and lists, and be empowered to call for the
assistance of all assessors, assistant assessors, and other
city officers ; and they shall deliver said lists, so prepared
and corrected, to the clerks of the several wards, to be
used at such elections ; and no person shall be entitled to
vote whose name is not borne on such list; and, in relation
to the preparation, posting, and correction of such lists, the
mayor and aldermen shall perform the same duties, and be
governed by the same regulations, as are provided in the
third chapter of the Revised Statutes, to be observed by
the selectmen of towns : provided, however, that a list of
1847. Chap. 60. 353
the voters of each ward shall be posted up in one or more
pubhc places in such ward : and provided^ further, that any
person whose name shall not be borne on the list of the
ward in which he is entitled to vote, when it shall be placed
in the hands of the clerk of said ward, shall have the right
to have his name entered thereon at any time thereafter,
before the closing of the polls, upon presenting to the ward
officers a certificate signed by the mayor or city clerk, set-
ting forth his right to have his name thus entered.
Section 19. General meetings of the citizens qualified Meetings of the
to vote may, from time to time, be held, to consult upon '^*'"'®"*-
the public good, to instruct representatives, and to take all
lawful measures to obtain redress of any grievances, ac-
cording to the right secured to the people by the constitution
of the Commonwealth; and such meetings may and shall
be duly warned by the mayor and aldermen, upon the
requisition of thirty qualified voters.
Section 20. For the purpose of organizing the system First organiza-
of government hereby established, and putting the same governmem.
into operation in the first instance, the selectmen of the
town of New Bedford, for the time being, shall, on some
day during the months of March or April of the present
year, issue their warrants, seven days at least previous to
the day so appointed, calling meetings of the said citi-
zens, at such place and hour as they may deem expedient,
for the purpose of choosing a warden, clerk, and inspectors
for each ward, and all other officers whose election is pro-
vided for in the preceding sections of the act; and the
transcripts of the records of each ward, specifying the
votes given for the several officers aforesaid, certified by
the warden and clerk of such ward, at said first meeting,
shall be returned to the said selectmen, whose duty it shall
be to examine and compare the same ; and, in case such
elections should not be completed at the first meeting, then
to issue new warrants imtil such election shall be com-
pleted, and to give notice thereof, in manner before pro-
vided, to the several persons elected.
At said first meeting, any inhabitant of said ward, being
a legal voter, may call the citizens to order, and preside
until a warden shall have been chosen. And, at said first
meeting, a list of voters in each ward, prepared and cor-
rected by the selectmen for the time being, shall be deliv-
ered to the clerk of each ward, when elected, to be used as
hereinbefore provided.
The selectmen shall appoint such time for the first meet-
ing of the city council as they may judge proper, after the
choice of the city officers, as aforesaid, or a majority of the
members of both branches, not later than the first Monday
in May, in the year one thousand eight hundred and forty-
seven, and shall also fix upon the place and the hour of
354 1847.- — Chap. 60.
said first meeting ; and notice of the day, hour, and place
of said first meeting shall be published in one or more
newspapers printed in said town, and a written notice
thereof shall be sent, by said selectmen, to the place of
abode of each of the city officers chosen as provided in this
section.
Subsequent or- After the first election of city officers, and this first meet-
ganizaiions. j^g f^j. ^j^g organization of the city council, as in this section
is provided, the day of holding the annual elections, and the
day and hour for the meetmg of the city council, for the
purpose of organization, shall remain as provided in the
sixth section of this act.
Appointment of It shall be the duty of the city council, immediately after
city officers by jj^g gj-gj organization, to elect all necessary city officers, who
city counci . gj^g^n j^qJ^j^ ^j^gjj. offices respectively until others are chosen
and qualified.
Votes for coun- At the meetings, to be called as provided in this section,
ty officers. fQ^ ^^g choicc of Ward and city officers, the qualified voters
may and shall also give in their votes for county officers,
which votes shall be recorded, certified, and returned, in the
manner provided in the seventeenth section of this act.
Power of city SECTION 21. The city council shall liavc powcr to make
council to make ^H such salutary and needful by-laws as towns, by the laws
penaiaes7&c. of this Commonwealth, have power to make and establish,
and to annex penalties, not exceeding twenty dollars for the
breach thereof, which by-laws shall take effect, and be in
force, from and after the time therein respectively limited,
without the sanction of any court or other authority what-
ever ; and all such by-laws, and all city ordinances, shall
be duly published in such newspaper, or newspapers, as the
Prmdded, &.C. city council sliall direct: provided, however, that all by-
laws, regulations, and ordinances, now in force in the town
of New Bedford, shall, until they shall expire by their own
limitations, or be revised or repealed by the city council,
remain in force ; and all fines and forfeitures for the breach
of any by-law or ordinance of the city shall be paid into
the city treasury.
Annual town SECTION 22. The annual town meeting for the town of
"Tndwf &c' ^^""^ Bedford, which, by law, is to be held in the month of
and Town offi- February, March, or April, is hereby suspended, and all
cers to hold town officcrs, now in office, shall hold their respective places
Pmceedings in Until this act shall go into operation ; and, in case this char-
case of non-ac- ^g^ shall not be accepted in the manner and form as herein-
chaner.^° ' '^ after provided, then the selectmen shall issue their warrants,
according to law, for holding the annual town meeting of
the inhabitants, in which all the proceedings shall be the
same as if this act had not been passed.
Delivery of rec SECTION 23. All officers of the town of Ncw Bedford,
dtt* clerk.*** having the care and custody of any records, papers, or
other property, belonging to said town, shall deliver the
1847.-.CHAP. 60^62. 365
same to the city clerk, within one week after he shall enter
upon the duties of his office.
Section 24. All such acts and parts of acts, as are in- Repeal of in-
consistent with the provisions of this act, shall be, and the vision?"* ^'°'
same are, hereby repealed.
Section 25. Nothing contained in this act shall be so Legislature
construed as to prevent the Legislature from altering or amend This^act.
amending the same, whenever they shall deem it expedient.
Section 26. This act shall be void, unless the inhab- Act to be void
itants of the town of New Bedford, at a legal town meeting byinhabS?*^
called for that purpose, shall, by a vote of a majority of the &c.
voters present, and voting thereon, by a written ballot, deter-
mine to adopt the same within twenty days from and after
its passage, at which meeting the polls shall be kept open
not less than six hours, and the presiding officer, in receiv-
ing said ballots, shall use the check lists, in the same man-
ner as they are used in elections for state officers.
Section 27. This act shall go into operation from and When to take
after its passage. [Approved by the Governor, March 9, ^^^'^^'
1847.]
An Act to establish the Salary of the Clerk in the Office of the Adjutant and ChoV. 61 .
Quarter-Master General of the Commonwealth. ■* *
B£] it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
From and after the first day of January, in the year one Annual salary
thousand eight hundred and forty-seven, the clerk in the ler^^aSy^^'
office of the adjutant and quarter-master general of the 1847.
Commonwealth shall receive a salary of nine hundred dol-
lars a year, to be paid quarterly, which said sum shall be
in full for all services rendered in said office. [Approved
by the Governor, March 10, 1847.]
An Act to incorporate the Holmes Mills. ChctV. 62.
BE it enacted by the Senate and House of Represoita-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Stephen Coburn, A. D. Wait, A. H. Wildes, ^^'^""J '"*^°'^'
their associates and successors, are hereby made a corpora- ^""^^ ^ '
tion, by the name of the Holmes Mills, for the purpose of
manufacturing cotton goods, in the town of Ipswich, in the to manufacture
county of Essex, with all the powers and privileges, and JpJwrcf.°°''^' '"
subject to all the duties, restrictions, and liabilities, set forth
in the thirty-eighth and forty-fourth chapters of the Re-
vised Statutes.
Section 2. Said corporation, for the purpose aforesaid. Real estate not
may hold real estate, not exceeding in value one hundred gmfloo, and
thousand dollars, and the whole capital stock shall not ex- Sf^^i^ooo"*^^
ceed three hundred thousand dollars. [Approved by the * '
Governor, March 10, 1847.]
356 1847.— Chap. 63—65.
Chat) 63 -^^ '^''^ *° incorporate the Ballard Vale Machine Shop.
BE it enacted by the Senate and House of Representa^
iives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Increase S. Hill, John Marland, John Howe,
porated, j^.^ ^^^-^^ associates and successors, are hereby made a cor-
poration, by the name of the Ballard Vale Machine Shop,
to manufacture for the purposc of manufacturing machinery, steam-engines,
machinery, ^^^ g^j| -^ygrk conuectcd with this branch of business, in the
steam-engines, ,»it r n -iii^i j
&,c. inAndo- towu of Audover, couuty or iiissex, with ail the powers and
ver. privileges, and subject to all the duties, restrictions, and lia-
bilities, set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes.
Estate not to SECTION 2. Said Corporation may hold real and personal
gi"(wooo estate, necessary and convenient for the purposes aforesaid,
' ' not exceeding in amount one hundred thousand dollars.
[Approved by the Governor, March 11, 1847.]
OhCLt) 64. -^^ ^^^ '° incorporate the Glendon Rolling Mill.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Charlcs Jackson, Jr., Waldo Higginson, Ben-
porated, jamin E. Morse, their associates and successors, are hereby
made a corporation, by the name of the Glendon Rolling
to manufacture Mill, for the purpose of manufacturing iron and steel in that
iron and steel in pg^j-j Qf ^^g city of Boston knowu as South Bostou, or in
South Obion. ^^^^^ ^^^^ ^^ ^^.^ ^.^y known as East Boston, or in the town
of Chelsea, county of Suffolk; with all the powers and
privileges, and subject to all the duties, restrictions, and lia-
bilities, set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes.
Estate not to SECTION 2. Said corporation may hold real and personal
exceed poo,- estate, neccssary and convenient for the purpose aforesaid,
not exceeding in amount five hundred thousand dollars.
[Approved by the Governor, March 11, 1847.]
Phnn (\^ -^^ ^^"^ '° incorporate the Lawrence Mutual Fire Insurance Company.
"' ' BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- Charlcs Stark Newell, Timothy Osgood, Amos Merrill,
porated to in- their associatcs and successors, are hereby made a corpora-
Roxburyfor 28* tion, by the name of the Lawrence Mutual Fire Insurance
years, on ihe Company, in the town of Methuen, county of Essex,
mutual prmci- ^^^ ^^^ ^^^^ ^^ twenty-clght years, for the purpose of in-
suring dwelling-houses, and other buildings, and personal
property, throughout the Commonwealth, against loss by
fire ; with all the powers and privileges, and subject to all
the duties, liabilities, and restrictions, set forth in the thirty-
1847. Chap. 65—67. 357
seventh and forty-fourth chapters of the Revised Statutes,
and seventeenth chapter of the Acts of the year one thou-
sand eight hundred and forty-five. [Approved by the Gov-
ernor, March 11, 1847.]
An Act authorizing Selh Nickerson, second, to build a Wharf. CnCip, 66,
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Seth Nickerson, second, is hereby authorized to build a wharf may be
wharf from his land adjoining the harbor of Provincetown, built in Prov-
and to extend said wharf into six feet of water at low tide, "" '
and shall have the right to lay vessels at the end and sides
of said wharf, and receive wharfage and dockage therefor :
provided this grant shall in no wise impair the legal rights Provided, &e.
of any persons whatever. [Approved by the Goverfior,
March 11, 1847.]
An Act to incorporate the Salem Gas-Light Company. ChctV, 67.
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 :
Section 1. Joseph S. Leavitt, William H. Foster, Wil- Persons incor-
liam Sutton, their associates and successors, are hereby poi^a'ed,
made a corporation, by the name of the Salem Gas-Light
Company, for the purpose of manufacturing and selling gas to manufacture
in the city of Salem, county of Essex ; with all the powers |atm."^^''°
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.
Section 2. Said corporation may, for the purpose afore- Real estate not
said, hold real estate not exceeding in value fifty thousand ^^5oS)l)fand
dollars, and the whole capital stock shall not exceed two capital stock
hundred thousand dollars. Foo,ooo.
Section 3. Said corporation, with the consent of the May open the
mayor and aldermen of the city of Salem, shall have power ^°^^^ ^^ ^^
and authority to open the ground in any part of the streets, lay and repair
lanes, and highways in said city, for the purpose of sinking PePfoVThe'^may-
and repairing such pipes and conductors as it may be neces- or and alder-
sary to sink for the purpose aforesaid ; and the said corpo- ™en.
ration, after opening the ground in said streets, lanes, and
highways, shall be held to put the same again into repair,
under the penalty of being prosecuted for a nuisance : pro- Provided, &.e.
vided, that the said mayor and aldermen, for the time being,
shall, at all times, have the power to regulate, restrict, and
control the acts and doings of said corporation, which may,
in any manner, affect the health, safety, or convenience of
the inhabitants of said city. [Approved by the Governor,
March 11, 1847.]
46
358 1847. Chap. 68—69.
Chcipm 68. An Act to incorporate the Adelphian Academy of North Bridge-water.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
Persons incor- SECTION 1. Silas L. Loomis, L. F. C. Loomis, Nathan
porated. Jones, and their associates and successors, are hereby made
a corporation, by the name of the Adelphian Academy, to
be estabUshed in the town of North Bridgewater, in the
comity of Plymouth ; with all the powers and privileges,
and subject to all the duties, restrictions, and liabihties, set
forth in the forty-fourth chapter of the Revised Statutes.
Estate not to SECTION 2. Said corporation may hold real estate to the
to'be^dfvolfd'^' ^"^ount of fifteen thousand dollars, and personal estate to
&c. ' the amount of ten thousand dollars, to be exclusively de-
voted to the purposes of education. [Approved by the Gov-
ernor, March 11, 1847.]
ChdJ), 69. ^^ -^^"^ relating to Agricultural Societies.
BE it eiiacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the sam,e, as folloivs :
Certificate, &c. SECTION 1. Every Agricultural Society which shall claim
totifeSre?a- the bounty of the Commonwealth, according to the provi-
ry as early as sions of the first scctiou of the forty-sccoud chapter of the
nuaiiy?^*'' *°" Revised Statutes, shall, annually, on or before the tenth day
of January, file in the office of the Secretary of the Com-
monwealth, a certificate, signed by the president and treas-
urer of such society, specifying, under oath, the sum actu-
ally contributed and put at interest, and then held, well
secured as a capital stock.
Also, a return of Every such society shall, at the same time, make a full
oings, &c. return of its doings, signed by its president and secretary,
embracing a statement of the expenditure of all moneys,
specifying the nature of the encouragement proposed by the
society, the object for which its premiums have been of-
fered, and to whom they have been awarded, and including
all reports of committees, and all statements of experiments
and cultivation, regarded by said president and secretary as
with passages, worthy of publication. The return, whether in printed or
&.C. marked, manuscript form, shall be marked in such manner, that
those passages in the several reports and statements deemed
by such officers most worthy of public notice, study, and
application, may be easily distinguished.
Bounty to be SECTION 2. The amouut of bounty to which any Agri-
from'Sfi! cultural Society may be entitled for the year one thousand
cates. eight hundred and forty-seven shall be ascertained by the
certificate to be filed in the month of October, according to
the provisions of law as heretofore existing; and for the
year one thousand eight hundred and forty-eight, and each
year thereafter, by the certificate previously filed by such
society, according to the provisions of this act.
1847. Chap. 69—70. 369
Section 3. Any Agricultural Society which shall neglect, Forfeiture of
in any year, to comply with the foregoing provisions, shall ^-^T.TP'V' .
J- r ■ • \ ■ ^ , 1 /• 1 /^ i.i .1 wealth's bounty.
forfeit Its claim to the bounty oi the Commonwealth the
year next succeeding.
Section 4. The Secretary of the Commonwealth is hereby Secretary to
directed to cause to be made and published, in each year, abstracter "e-
for distribution, as full an abstract as, in his judgment, will turns,
be useful, from the returns aforesaid of the Agricultural So-
cieties.
\f Section 5. Any person, who shall incur the forfeiture Forfeitures
mentioned in the ninth section of the fortv-second chapter ^°^ trespass on
r-iTiir-i 1 11 1- grounds enclos-
01 the Kevised Statutes, may be prosecuted, by complaint ed for caitie-
before any justice of the peace, who shall have jurisdiction shows, &c.
thereof; and all forfeitures so recovered shall be, by said
justice of the peace, paid over to the county treasurer, for the
use of the county.
Section 6. The Secretary of the Commonwealth is hereby Copy of this act
directed to transmit a copy of this act to the secretary of |°jj^^^^^^°^°"""
every incorporated Agricultural Society in the Common-
wealth, on or before the first day of September next.
Section 7. The thirty-first chapter of the acts of the Repeal of in-
year eighteen hundred and forty-two, also, the one hundred visions!"' ^™"
and eleventh chapter of the acts of the year one thousand
eight hundred and forty-five, and all parts of acts hereto-
fore passed, inconsistent with the provisions of this act, are
hereby repealed. \^Apj)roved by the Governor^ March 11,
1847.]
An Act authorizing the Boston and Maine Rail-road Company, and the f^finn 70
Eastern Rail-road Company, to contract with the Portland, Saco, and Ports- ^ '''"'}'' ' *-'*
mouth 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 :
The Boston and Maine Rail-road Company, and the Contracts may
Eastern Rail-road Company, are hereby authorized to make ably to provi-**
any contract or contracts with the Portland, Saco, and Ports- sions, &c.
mouth Rail-road Company, a corporation created by the act
or laws of the State of Maine for the use and maintenance
of the rail-road and property of the said corporation last
mentioned, upon such terms and conditions as may be mu-
tually agreed upon by the contracting parties ; and for the
transportation of persons and freight upon and over the
same rail-road, in the same manner, and under the same
provisions, as are contained in the ninety-ninth chapter
of the acts of the year one thousand eight hundred and
thirty-eight. [Approved by the Governor, March 11, 1847.]
360
1847.-
■Chap. 71—72.
Chap. 71.
Wharf in Bos-
ton may be ex-
tended to the
line, &c.
Provided, &c.
Chap. 72.
Persons incor-
porated to in-
sure fire risks
in Gloucester
for 28 years, on
the mutual prin-
ciple.
Corporation
may insure for
six years.
An Act authorizing George Kandall and John C. Haskell to extend a Wharf.
BE it enacted by the Senate and Hovse of Representa-
tives^ in General Court assembled, and by the authority of
the same, as folloivs :
George Randall and John C. Haskell are hereby author-
ized to extend and maintain a wharf on their land and flats,
in that part of Boston, in the county of Suffolk, called East
Boston, and bounded easterly by Border street, as far as the
line established as the commissioners' line, by the act en-
titled " An Act concerning the Harbor of Boston," passed
on the seventeenth day of March, in the year one thousand
eight hundred and forty, and to lay vessels at the end and
sides of their said wharjf, extended as aforesaid, and receive
dockage and wharfage therefor, but not to interfere with or
injure the legal rights or the property of any other person or
persons ; provided, however, that this act shall not be con-
strued to extend to any flats or land of this Commonwealth
lying in front of the fiats of any other person, or which
would be comprehended by the true lines of such fiats, con-
tinued to the said commissioners' line ; and provided, also,
that so much of said wharf as shall be erected below low-
water mark shall be built on piles, which piles shall not be
nearer to each other than six feet in the direction of the
stream, and eight feet in a transverse direction. [Approved
by the Governor, March 11, 1847.]
An Act to incorporate the Annisquam Blutual 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 :
Section 1. Timothy A. Smith, William L. Langsford,
and Michael Duley, their associates and successors, are
hereby made a corporation, by the name of the Annisquam
Mutual Fire Insurance Company, in Gloucester, in the
county of Essex, for the term of twenty-eight years, for
the purpose of insuring upon dwelling-houses and other
buildings, and on personal property, in the towns of Glou-
cester, Rockport, and Essex, with all the powers and privi-
leges, and subject to all the habilities, duties, and restrictions,
set forth in the thirty-seventh and forty-fourth chapters of
the Revised Statutes, and in any subsequent laws, so far as
they are applicable to this corporation.
Section 2. When the sum of twenty-five thousand dol-
lars shall be subscribed to be insured, the said corporation
may insure for a term not exceeding six years. [^Approved
by the Governor, March 11, 1847.]
1847. Chap. 73—74. 361
An Act to continue in force an Act incorporating the Worcester Mutual Fire QJiqjj^ 73.
Insurance Company. -» *
J3E it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Worcester Mutual Fire Insurance Company, incor- incorporation
porated in the year one thousand eight hundred and twen- F°e"bruary n
ty-lhree, shall continue as a body corporate, and the act 1879.
incorporating the same, together with an additional act,
passed in the year one thousand eight hundred and twenty-
four, and a second additional act, passed in the year one
thousand eight hundred and forty-two, shall all remain in
force for the term of twenty-eight years from the eleventh
day of February, in the year one thousand eight hundred
and fifty-one ; 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. [Approved by the Governor, March 11, 1847.]
An Act to incorporate the Fall River Marine Insurance Company. ChciTJ. 74
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Section 1. Nathan Durfee, Leander Borden, Joseph Persons incor-
Durfee, their associates and successors, are hereby made a P^ra'ed m Fail
' ' xviver, to insure
corporation, by the name of the Fall River Marine Insur- marine risks.
ance Company, for the term of twenty years, to be estab-
lished in the town of Fall River, couniy of Bristol, for the
purpose of making marine loans and insurance against
maritime losses, in the customary manner, with all the
powers and privileges, and subject to all the duties, restric-
tions, and liabilities, set forth in the thirty-seventh and
forty-fourth chapters of the Revised Statutes, 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.
Section 2. Said corporation may hold any estate, real Real estate not
or personal, for the use of said company : provided, that ^so^oqo'^
the real estate shall not exceed the value of thirty thousand
dollars, excepting such as may be taken for debt, or held as
collateral security for money due said company.
Section 3. The capital stock of said company shall be Capital stock
one hundred thousand dollars, and shall be divided into fharef of' sioo
shares of one hundred 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.
[Approved by the Governor, March 11, 1847.]
362 1847. Chap. 75—76.
Chat) 75 -^^ •^^'' authorizing Benjamin W. Miller to plant Oysters in Taunton Great
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
May plant, SECTION 1. Benjamin W. Miller, of Fall River, in the
grow, and diff county of Bristol, his heirs and assigns, are hereby author-
R^ver^&c. * ized to plant, grow, propagate, and dig oysters, in the waters
and flats of Taunton Great River, in front and westerly of
said Miller's land, in said town of Fall River, from high-
water mark to the channel at a place called Miller's Cove :
said Miller's land is bounded southerly by land of Job
Terry ; northerly by land of Durfee Landing, so called ; east-
erly by Taunton road, and westerly by Taunton Great
River; also, from high-water mark to the channel of said
river in front and westerly of land owned by Johanna
Collins, Thomas Durfee, and Jelane Winslow, situated in
said Fall River at Miller's Cove, so called, and bounded
easterly by the Taunton road ; southerly by land of Sarah
Boomer, and the Durfee Landing, so called; northerly by
land of Joseph Davis, and westerly by Taunton Great River.
Penalty for SECTION 2. Said Miller, his heirs and assigns, shall have
^'^"^'& ' *^w^ti ^^® exclusive use of said waters and flats, from high-water
fn"20 years,' ' mark to the channel of said river, as defined, for the pur-
wiihout permis- pose of planting, growing, propagating, and digging oysters.
Miller, &c. for the term of twenty years ; and, if any person shall,
within said limits, dig from or take any oysters during said
term, without license from said Miller, his heirs, or assigns,
he shall forfeit and pay a fine not exceeding twenty dollars
for each offence, to be recovered by said Miller, his heirs,
or assigns, in any court proper to try the same.
Reservation of SECTION 3. Nothing in this act shall be SO construcd, as
rights of owners to infringe upon the rights of any owner of land, on which
°' *" ' said oysters are planted by said Miller, his heirs, or assigns.
[Approved by the Governor, March 12, 1847.]
Ohnn 7fi -^"^ ■^^'^ authorizing the County Commissioners for the County of Barnstable
L//iap. I O. jQ jj^y Qm g^ Highway and construct a Bridge across Scorton Creek.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Location of The county commissioners for the county of Barnstable
brfd^!^*"*^' are hereby empowered, if in their opinion the public neces-
sity and convenience require it, to lay out a highway, and
cause to be constructed a sufficient bridge, to be built in.
such manner as they may think proper, across Scorton
Creek, in Sandwich, at such place as, in their opinion, may
seem most convenient and expedient for the public travel ;
and said commissioners, in carrying into effect the provi-
1847. Chap. 76—79. 363
sions of this act, shall, in all respects, conform to the exist-
ing laws relating to laying out common highways. [Ap-
praised by the Governor, March 12, 1847.]
Aa Act in addition to an Act to revive "An Act establishing the Salisbury f^hfin 77
Branch Hail-road Company." v^'tu//. « » •
BE it enacted by the Senate and House of Representa-
tives, i7t General Court assembled, and by the authority of
the same, as follows :
If the Salisbury Branch Rail-road Company shall com- Time for grad-
plete the grading of said road on or before the first day of leuded'tTjune"
June next, the act to which this is in addition shall be and i> 1847.
remain in full force. \ Approved by the Governor, March
12, 1847.]
An Act to establish the Line between Mount Washington and Boston Corner, njidn, 78.
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 following described line shall hereafter be the divid- Commencement
ing line between the town of Mount Washington and the d"v1dhig line? '''^
district of Boston Corner, in the county of Berkshire, to
wit : The south corner of Boston Corner shall be at a
large heap of stones known as the southwest corner of the
Proprietors' Grant, on the Massachusetts State line, and what
is called the north line of the oblong, one hundred and sixty
rods west of the monument at the northwest corner of the
State of Connecticut; thence north, eight degrees west,
two miles and forty-eight chains, to the line between the
States of Massachusetts and New York, at a stone monu-
ment on the mountain called and known as the Alander
mountain. [Approved by the Govei'nor, March 12, 1847.]
An Act to incorporate the Wareham Savings Bank. Ch(tV» 79
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Harrison G. O. Ellis, Alexander Bourne, Persons incor
Theophilus King, their associates and successors, are here- ^vare^hlm.
by made a corporation, by the name of the Wareham Sav-
ings Bank, to be located in the town of Wareham, in the
county of Plymouth, with all the powers and privileges,
and subject to all the duties, liabilities, and restrictions, set
forth in the thirty-sixth chapter of the Revised Statutes, in
the forty -fourth chapter of the acts passed in the year one
thousand eight hundred and forty-one, and in all other
laws of the Common v/ealth relating to savings banks and
institutions for savings. [Approved by the Governor, March
12, 1847.]
364
1847.-
-Chap. 80—82.
Chap. 80.
Persons incor-
porated,
to advance the
science, «fcc. of
horticulture.
Capital stock,
;^20,000.
Chap, 81.
Location of
road and bridge.
An Act to incorporate the New Bedford Horticultural 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 :
Section 1. Henry H. Crapo, James Arnold, Joseph
Clarke, their associates and successors, are hereby made a
corporation, by the name of the New Bedford Horticultural
Society, for the purpose of advancing the science, and en-
couraging and improving the practice, of horticulture; and,
for that purpose, shall have all the powers and privileges,
and be subject to all the duties, liabilities, and restrictions,
contained in the forty-fourth chapter of the Revised
Statutes.
Section 2. Said corporation may, for the purpose afore-
said, hold real and personal estate, to the amount of twenty
thousand dollars. [Appt^oved by the Governor, March 12,
1847.]
An Act, authorizing the County Commissioners for the County of Barnsta-
ble, to lay out a Road, and construct a Bridge across Frost Fish Creek, in
Chatham, and Wading Place Creek, in Chatham and Harwich.
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 county commissioners of 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 good and sufficient bridge, at
any place which to them may seem necessary, across Frost
Fish Creek, in the town of Chatham, and also across
Wading Place Creek, which forms a division line betwixt
Chatham and Harwich : provided the arches over said creeks
shall be made high and wide enough for boats and scows,
loaded with hay, to pass imder, at full sea. [Approved by
the Governor, March 12, 1847.]
Chap. 82. -A-n Act, in further addition to an Act entitled, "An Act to establish the City
^ of Lowell."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the aiithority of
the same, as follows :
Section 1. The meeting for the election of the several
ward officers, enumerated in the nineteenth section of the
act to which this act is in addition, shall be held on the
second Monday of December, annually, and, in all other
respects, shall he conducted in the same manner as is now
by law provided.
Section 2. Whenever less than five aldermen of said
city shall be elected before the first Monday of January, in
any year, the aldermen of the preceding year shall continue
in office, until at least five aldermen shall be elected and
Provided, &c.
Time for elec-
tion of ward
ofScers.
Proceedings in
case of failure
to elect alder-
men.
1847. Chap. 82—83. 366
qualified. And five members of the board of aldermen Quorum of ai-
shall constitute a quorum for the transaction of business. dermeu.
Section 3. If any person, elected a member of the school Proceedings to
committee, as provided for in the twentieth section of the s^pp.'y \^acan-
. CIGS m lllG
act to which this act is in addition, shall die, resign, or re- school commit-
move out of the city, before the expiration of his term of '^«-
office, the mayor and aldermen may issue their warrant, for
the purpose of causing a new election to be held, in order
to supply such vacancy.
Section 4. The city council may make by-laws and reg- powerof city
ulations, for the purpose of preventing any person, without council, in re-
first obtaining a license from the board of aldermen, from 'n|'hac'k'ney"ve-
setting up, employing, or using, any hackney-coach, cab, or hides, &c.
job-wagon, or other carriage for the conveyance of passen-
gers or freight, from place to place in the city, for hire, and
for the purpose of establishing and limiting the rates and
prices for such conveyance of passengers ; and may also
establish fit penalties for the breach of any of said by-laws
or regulations, not exceeding twenty dollars, recoverable to
the use of the city, on complaint before the police court
therein.
Sections. Whenever, after a temporary sidewalk has Power of city
been built, by order of the city council, in any street, in s°ect*^[o s°j™"
front of any vacant lot of land, at the expense of, or walks.
charged to, the owner thereof, said lot has been, or shall
be, occupied or built upon, it shall be lawful for the city
council to assess, upon the owner of such lot, the expense
of such permanent sidewalk as may be built, by order of
the city council, in front of said lot, deducting, from the
amount of said assessment, the amount actually paid to the
city, towards the cost of the original temporary sidewalk
in front of said lot. And the collection of said assessment
may be enforced in the same manner as is now by law pro-
vided for the case of permanent sidewalks. [Approved by
the Governor, March 12, 1847.]
An Act to suppress Injurious Publications. OflOp, 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 :
Every person who shall, knowingly, advertise, print. Publications,
publish, distribute, or circulate, or, knowingly, cause to be leading to the
advertised, printed, published, distributed, or circulated, abortions^ pun-
any pamphlet, printed paper, book, newspaper, notice, ad- ishabiewith
vertisement, or reference, containing words or language ^1|P"^°°™*""""
giving or conveying any notice, hint, or reference, to any
person, or to the name of any person, real or fictitious, from
whom, or to any place, house, shop, or office, where any
poison, drug, mixture, preparation, medicine, or noxious
thing, or any instrument or means whatever, or any advice,
366 ' 1847. Chap. 83—85.
direction, information, or knowledge, may be obtained, for
the purpose of causing or procuring the miscarriage of any
woman pregnant with child, shall be punished by impris-
onment in the state prison, house of correction, or common
jail, not more than three years, or by fine not exceeding one
thousand dollars. [App?oved by the Governor, Marcli 12,
1847.]
ChflT) 84 -An Act giving further time to the President, Directors, and Company, of the
-I * * Cohannet Bank, to close their concerns.
J3£] it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Incorporation SECTION 1. The president, directors, and company, of the
continued to Ju- Cohannet Bank, are hereby continued a body corporate,
ly 1,1848. until the first day of July in the year one thousand eight
hundred and forty-eight, with all the powers and privileges,
and subject to the limitations, set forth in the seventh sec-
tion of the forty-fourth chapter of the Revised Statutes.
AVhentotake SECTION 2. This act shall take effect from and after its
effect. passage. [Approved by the Governor, March 12, 1847.]
ChttX)* 85, -^^ ^^"^ '" authorize the Old Colony Rail-road Corporation to extend their
* * ' Rail-road in Boston.
BE it enacted by the Senate and House of Representa-
tives, i7i General Court assembled, and by the authority of
the same, as follows :
Road may be SECTION 1. The Old Coloiiy Rail-road Corporation is
Knte^aifd'° hereby authorized to locate and construct a rail-road, with
street, &c. one or more tracks, commencing at a point in Boston, at the
termination of their bridge, at the depot wharf of the Bos-
ton and Worcester Rail-road Corporation, and continuing
thence to some convenient point on Kneeland street, be-
tween South street and Cove street.
But bridge may SECTION 2. Nothing in this act contained, nor the loca-
be constructed, ^[Qy^^ construction, and maintenance of the rail-road herein
authorized, shall impair the right of the said Old Colony
Rail-road Corporation to construct, keep, and maintain their
said bridge, as now located, across the channel from the
northerly wharf of the South Boston Iron Company, to the
depot wharf of the Boston and Worcester Rail-road Corpo-
ration aforesaid.
Mayor and ai- SECTION 3. The motive powcT and rate of speed for
fa^tlTmotive'*^"" crossing any of the streets in the city of Boston, by the
power, &c. rail-road herein authorized, as well as the securities at the
crossings and on said bridge, shall be regulated in such
manner as the mayor and aldermen of said city shall re-
quire.
Powers and du- SECTION 4. In locating, Constructing, and using said rail-
^«ies^ of corpora- jQ^d, the Said Corporation shall have all the powers and
privileges, and be subject to all the liabiUties, which are
1847. Chap. 85—87. 367
granted to, and imposed upon, them by their original char-
ter, and by such other provisions of law relating to rail-
roads as have been subsequently passed.
Section 5. Said corporation are authorized to increase Capital stock to
their capital stock not exceeding one hundred thousand noi'morrihan'^
dollars. iioo,ooo.
Section 6. This act shall take effect from and after its When to take
passage. [Approved by the Governoi^ March 13, 1847.] ^^^*^*"
An Act authorizing the Extension of Mill Pond Wharf, in Boston. ChcLV. 86.
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 Lowell Manufacturing Company, and the other pro- Wharf in Bos-
prietors of warehouses on Mill Pond Wharf, are hereby }e"dTd^o^ll^'
authorized to extend and maintain their wharf, at the west- line, &c.
erly part of the city of Boston, near the depot of the Boston
and Lowell Rail-road Corporation, to the line established as
the commissioners' line, by the act entitled "An Act con-
cerning the Harbor of Boston," passed the seventeenth day
of March, in the year one thousand eight hundred and forty,
and shall have 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 below Provided, &,c.
low-water mark shall be built on piles, which shall not be
nearer to each other than six feet in the direction of the
stream, and eight feet in a transverse direction ; and that
the provisions of this act shall not interfere with the private
rights of any person or persons whatever : provided, also,
that this grant shall not be construed to extend to any flats
or land of this Commonwealth lying in front of the flats of
any other person, or which would be comprehended by the
true lines of such flats continued to the commissioners' line.
[Approved by the Gover7ior, March 15, 1847.J
An Act to increase the Capital Stock of the Lancaster Mills. Chdl)* 87
BE it oiacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Lancaster Mills are hereby authorized to increase Capital stock
their capital stock by adding thereto five hundred thousand "d'by^addUiff^^"
dollars; and to invest such portion thereof in real estate as gsoo.ooo.
may be necessary and convenient for the purpose for which |he same"* "'^
they have been incorporated. [Approved by the Governor^
March 15, 1847.]
368 1847. Chap. 88—89.
Ohan 88 ■^'^ -^-^'^ ^^ incorporate the Cochituate Fire Insurance Company.
BE it enacted by the Senate and House of Representa^
tives^ in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. David Kimball, Abraham T. Lowe, Asa
poratedforso gvvallow, their associates and successors, are hereby made
years to insure ' . ^ i , c ^ ^ r .u
fire risks in Bos- a Corporation, for the term of twenty years Irom the pas-
ton- sage of this act, by the name of the Cochituate Fire Insur-
ance Company, in the city of Boston, for tlie purpose of
making insurance against losses by fire; with all the pow-
ers 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.
Real estate not SECTION 2. The Said Corporation may hold any estate,
to exceed real or personal, for the use of said company : jjrovided,
ffpiS&c' that the real estate shall not exceed twenty thousand dol-
lars, excepting such as may be taken for debt, or held as
collateral security for money due to said company.
Capital stock SECTION 3. The Capital stock of said company shall be
si5o"ooo'in ^"^ hundred and fifty thousand dollars, and shall be divided
shares of g50, iuto shares of fifty 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 company
shall order.
Policies to be SECTION 4. The Said company may issue policies when
irv^ettmenTof^ scvcuty-five thousaud dollars of said stock shall have been
^75,000, under paid iu, being restricted to eight per centum on any one
restrictions as to • j ^^^ whenever the whole amount of said capital stock
amount, ate. , , ,' , , ■ -, ■ i 1 1 i 1 1 n
shall have been paid in, ten per centum shall be allowed to
Provided, fee. be taken on any one risk : pr-ovided, houwvcr, that the whole
amount of said capital stock shall be paid in within two
years from the passage of this act. [Approved by the Gov-
ernor, March J 5, 1847.]
ChctV. 89. -^^ -^^"^ t° confirm and continue the Mill Dam across Mill Creek, in Truro.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Acts of owners The doings of the owners of the mill dam across Mill
confirmed, &c. Creek, in Truro, at the outlet of the pond called Mill Pond,
in constructing and continuing said dam and stopping the
waters, are hereby ratified and confirmed ; and the present
owners of said dam, and their assigns, shall have the right
to continue said dam across said creek, in the same way
and manner as it had been continued for the fifty years
next before the first day of January, in the year one thou-
sand eight hundred and forty-three. [Approved by the Gov-
ernor, March 15, 1847.]
1847. Chap. 90—92. 369
An Act authorizing the construction of a Bridge across Harry's Creek. Chctp, 90.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The commissioners for the county of Dukes County are Location of
hereby authorized and empowered to locate and construct ^"'^g'^-
a bridge across a certain tide water called Harry's Creek,
which tide water is in said county, and is between the town
of Chilmark and the promontory of Gay Head : provided, Provided, Scc.
that said bridge be so constructed as to permit boats, such
as are now used by the inhabitants near said bridge, to
pass and repass with their masts down. [Approved by the
Governor, March 15, 1847.]
An Act to incorporate the Essex Savings Bank. ChcLt) 91
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Caleb M. Marvell, Charles S. Storrow, Daniel Saunders, Persons incor-
their associates and successors, are hereby made a corpora- poratedmMe-
tion, by the name of the Essex Savings Bank, to be located
in the town of Methuen, in the county of Essex, with all
the powers and privileges, and subject to all the duties, lia-
bilities, and restrictions, set forth in the thirty-sixth and
forty-fourth chapters of the Revised Statutes, and in all
other laws of this Commonwealth relating to savings banks
and institutions for savings. [Approved by the Governor,
March 15, 1847.]
An Act to incorporate the Taunton Paper Manufacturing Company. Chcip. 92.
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 :
Section 1. Charles R. Vickery, Samuel L. Crocker, Persons incor-
Charles F. Davenport, their associates and successors, are P°^^^^'^>
hereby made a corporation, by the name of the Taunton
Paper Manufacturing Company, for the purpose of manu- to manufacture
facturing paper in the town of Taunton, county of Bristol, pape"^ "^ Tauu-
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.
Section 2. Said corporation may hold, for the Purpose ^^*^^^^^g^^^*®°°^
aforesaid, real estate not exceeding fifty thousand dollars, $50,000, and
and the whole capital stock shall not exceed one hundred ^1^0000°'^''
thousand dollars. [Approved by the Governor, March 17, ' '
1847.]
370 1847. Chap. 93—94.
Ohnrt 93 ^^ ^'^'^ ^^ ^^^ ^^ ^ ^^"^^ °^ '•^^ Town of West Stockbridge, and annex the
Jr * * same to the Town of Alford.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Territory set So much of the town of West Stockbridge, in the county
n'^x^d^^"' ^^ Berkshire, with the inhabitants thereon, as is comprised
within the following described lines, is set off from said
West Stockbridge, and annexed to the town of Alford, in
the county of Berkshire, to wit : — Beginning at the south-
west corner of West Stockbridge ; thence in the south line
of West Stockbridge south, eighty-two degrees and six
minutes east, fifty-two and a half chains to the northwest
corner of Great Barrington ; thence north fourteen degrees
and ten mintUes east, on or near the top of the mountain
called Tom Ball, seventy-eight chains and eight links ;
thence north fifty degrees and twenty minutes west, along
the line of William and Gilbert Milligan's land to the west
line of West Stockbridge; thence sonth, six degrees and
thirty-nine minutes west, on the line between West Stock-
bridge and Alford, to the place of beginning : provided,
CoUeciion of however, that all taxes heretofore assessed upon said terri-
taxes heretofore tory, shall be collected in the same manner as if this act
assesse . ^^^ ^^^^ j^^^^^ passed. [Approved by the Governor, March
17, 1847.]
y^j Q f An Act to regulate the Herring Fishery in the Town of Falmouth.
■* ' * 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 :
Falmouth may Sectio.v 1. The inhabitants of the town of Falmouth,
prescribe iiie in the couuty of Bamstable, may, at any legal meeting^
iXn-dew^ves, Called for that purpose, prescribe the times, places, and
Ate. in Dexter's manner of taking alewives or herrings, in Dexter's river
River, &c. ^^^^ other waters connecting Coonamisset pond with the
Vineyard sound, or sea, and also in the other rivers, streams,
and ponds, which have heretofore been used by the inhabit-
ants of said town as herring fisheries ; and they may also,
and adopt fur- at Said meeting, adopt such further rules and regulations as
ther rules, &c. niay, by them, be deemed expedient for the preservation of
and dispose of Said fishery; and they may dispose of the privilege of
fi^'i'ispriv'- taking said fish in any way or manner they may think
a^d^they'^shaii propcr ; and they shall choose, by ballot, a committee, con-
choose by ballot sisting of three discreet persons, who shall cause the regu-
&ru)'"c'arr' lations adopted by said town to be carried into effect, and
said regulations who shall be swom to the faithful performance of their
into effect. du tV
Regulations to SECTION 2. The Selectmen, for the time being, shall post
be^posted up, ^^p jj^g regulations so established in three or more public
1847. Chap. 94—95. 371
places in said town, in each and every year, within one
week after their passage.
Section 3. If any person shall take any of said fish in Penalties for
any of the waters aforesaid, at any time or in any manner ll^^l^J^ °^ ^®°"'
other than shall be allowed by said town, he shall, for each
offence, on conviction thereof, pay a fine not exceeding five
dollars; and if any person shall, in either of the months andforiaking
of March, April, May, or June, without permission of the monihJ^whhout
town or fish committee, set or shoot a seine in the Vineyard permission, &c.
sound, within forty rods of the mouth of said rivers or
streams, for the purpose of taking said fish, he shall, for
each offence, on conviction thereof, pay a fine not exceed-
ing twenty dollars; the fines and forfeitures to be recovered to be recovered
in any court proper to try the same — one half to the use of a"dpaid, &c.
the town, the other half to him who shall prosecute there-
for; and, in all such prosecutions, any inhabitant of said Witnesses in
town, not otherwise disqualified, shall be a competent wit- pfosecunons.
ness : jji-ovided, that this act shall in no wise be so con- Provided, &.c.
strued as to affect the legal rights of any corporation or
persons whatever.
Section 4. The acts passed on the second day of March, Repeal of pre-
in the year one thousand seven hundred and ninety-eight, ^lousacts.
and on the first day of March, in the year one thousand
seven hundred and ninety-nine, to prevent the destruction
and to regulate the catching of alewives in the rivers and
streams in the town of Falmouth, in the county of Barn-
stable, are hereby repealed.
Section 5. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 17, 1847.] ^^'^'='-
An Act to authorize the Third Keligious Society in Dorchester to sell certain r^hnrt Q^
Real Estate. KyllUJJ. OO,
BE it enacted by the Senate and Hoiise of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Third Religious Society in Dorchester Authority to sell
are hereby authorized to sell, at such time or times as they estate°hi*>^iion.
may see fit, at public or private sale, the whole or any part
of their real estate, being two certain pieces of land situated
in Milton, county of Norfolk, with all the rights, privileges,
and appurtenances thereto belonging. One of said lots
contains about thirty-six acres, and is called " Trott's Pas-
ture," and the other contains about twenty-six acres; both de-
scribed on the plan or plans thereof, drawn by Mather
Wellington, May sixteenth, in the year one thousand eight
hundred and twenty-two, and now, or formerly, in the
office of the treasurer of said town of Dorchester. And
said society are hereby authorized to convey said parcels of
land, in fee, by such deed, or deeds, as they may deem
proper. And the treasurer of said society, for the time
372
1847.-
■Chap. 95—97.
Appropriation
and investment
of proceeds.
When to take
efiisct.
being, is hereby authorized, in the name and behalf of said
society, to execute such deed, or deeds, for the conveyance
thereof, as said society shall, for that purpose, order or
direct.
Section 2. Said society may appropriate or invest the
proceeds of said lands as they may see fit : provided the
same shall be exclusively applied to parochial purposes.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor^ March 17, 1847.]
ChcLV* 96. -^"^ -^^T '0 change the name of the Goodyear Manufacturing Company.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same^ as follows :
To be called the From and after the passage of this act, the corporate
Company!'^'"^ name of the Goodyear Manufacturing Company shall be
changed, and the said corporation shall be known and
called by the name of the Boston Belting Company, any
thing, in the act incorporating the same, to the contrary
notwithstanding. [Approved by the Governor, March 17,
1847.]
ChctJ) 97. -^^ ^^'^ ^^ addition to An Act to incorporate the " New Bedford Orphan's
"* * Home."
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 board of managers, for the time being, of " The New
Bedford Orphan's Home," shall have authority, at their
discretion, to receive into their " Home" such orphan and
destitute children as they may judge suitable objects of
charity, to enjoy the benefits of the institution ; and also to
accept a surrender in writing, by the father, or, where
there is no father, by the mother, of any child or children,
to the care and direction of said institution ; and also to
bind out as apprentices, in suitable situations, any child or
children that may have been received and supported by
said institution, males until the age of twenty-one years,
and females until the age of eighteen years, or until their
marriage, within that age : provided, that any parent, whose
child or children, during the absence of their said parent
from the Commonwealth, shall have received relief and
support, or been bound out as apprentices, as aforesaid,
shall have liberty, on his or her return, to receive such
child or children, upon paying, to the treasurer of said in-
stitution, the expenses incurred in the relief, support, and
maintenance, of said child or children. [Ap'proved by the
Governor, March 20, 1847.]
Managers au-
thorized to re-
ceive orphan
and destitute
children,
accept surren-
ders from father
or mother,
and bind them
out as appren-
Parents, who
have been ab-
sent, may re-
claim children,
provided, ice.
i
1847. Chap. 98—99. 373
An Act concerning the Powers of Constables. Ch(tp» 98.
BE it enacted by the Senate ayid House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
Section 1. If any parson, against whom a warrant shall Power of con-
be issued for an alleged offence committed within any their towns,
town, shall, either before or after the issuing of such war- wuhm ihe coun-
rant, escape from or be out of the town, any constable of ^'
such town, to whom such warrant may be directed, may
pursue and apprehend the party charged, in any town of
the same county, and, for that purpose, may command aid,
and may exercise the same authority as in his own town.
Section 2. Any constable may serve, within his own Power in pro-
town, any writ, or other process, issued under the provisions and detainer^
of the one hundred and fourth chapter of the Revised
Statutes. [Approved by the Governor, March 20, 1847.]
An Act to incorporate the Slockbridge and Pittsfield Rail-road Company. Chfltl 99
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Charles M. Owen, Charles C. Alger, George Persons incor-
W. Platner, their associates and successors, are herelDV made porated to con-
struct 3, rs.!!*
a corporation, by the name of the Stockbridge and Pittsiield road.
Rail-road Company, with all the powers and privileges, and
subject to all the duties, liabilities, and restrictions, set forth
in the forty-fourth chapter of the Revised Statutes, and in
all that part of the thirty-ninth chapter of said statutes
relating to rail-road corporations, and in all other general
laws which have been, or shall be passed, relative to rail-
road corporations.
Section 2. Said company may locate, construct, and Location of
maintain, a rail-road, with one or more tracks, from some ^^^ ' ^'
convenient point at or near the village of Pittsfield, by the
most convenient route, to the Housatonic River, in the east-
erly part of the town of Lenox ; thence, following the valley
of said river, on the most feasible route near said valley,
through the towns of Lee and Stockbridge, to the branch
authorized to be constructed by the Berkshire Rail-road
Company, terminating near the Stockbridge Iron Works;
or, if said branch shall not be constructed by said Berkshire
Rail-road Company within one year from the passage of
this act, thence, following on, or near, the route of said
branch, to the said Berkshire Rail-road, in the town of
Great Barrington, at a convenient point, north of the village
of Van Deusenville, in said town of Great Barrington.
Section 3. The capital stock of said company shall con- Capital stock
sist of not more than five thousand five hundred shares ; 55oo°shares^'of
the number of which shall, from time to time, be determined 5100.
by the directors of said company, and no assessment shall
48
374
1847.-
■Chap. 99—100.
Investment.
May enter upon,
and unite with,
the Western
Rail-road.
May enter upon,
and unite with,
the Berkshire
Rail-road, or a
branch thereof.
The Legislature
may authorize
other companies
to enter upon,
and use, the
road.
The Legisla-
ture, after five
years, may re-
duce tolls and
profits.
Provided, &c.
Time for loca-
tion and com-
pletion of road
When to take
effect.
Chap 100.
Persons incor-
porated,
be laid thereon of a greater amount, in the whole, than one
hundred dollars on each share ; and said company may in-
vest, and hold, such part thereof, in real and personal estate,
as may be necessary and convenient for the purposes of
their incorporation.
Section 4. Said company may enter upon, and unite
their rail-road, by proper turnouts and switches, with the
Western Rail-road, at some convenient point at or near the
village of Pittsfield, and use the same, under the provisions
and restrictions of the laws relating to rail-roads.
Section 5. Said company may enter upon, and unite
their rail-road, by proper turnouts and switches, with the
branch authorized to be constructed by the Berkshire Rail-
road Company, at some convenient point at or near said
Stockbridge Iron Works ; or, if said branch shall not be
constructed by said Berkshire Rail-road Company, then
said company may enter upon, and unite their rail-road, by
proper turnouts and switches, with the Berkshire Rail-road,
at some convenient point, north of said Van Deusenville, in
said town of Great Barrington, and use the same, under
the provisions and restrictions of the laws relating to rail-
roads.
Section 6. The Legislature may authorize any company
to enter with another rail-road upon, and use, the said
Stockbridge and Pittsfield Rail-road, or any part thereof, by
complying with such reasonable rules and regulations as
the said Stockbridge and Pittsfield Rail-road Company may
prescribe, or as may be determined according to the provi-
sions of law.
Section 7. 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 rates of fare,
or other profits, upon said road; but the same shall not be
so reduced, without the consent of said company, as to pro-
duce, with said profits, less than ten per cent, per annum.
Section 8. If said company shall not have been organ-
ized, and the location of the route of said road filed with
the county commissioners of the county of Berkshire, within
two years from the passage of this act, or if said company
shall fail to complete said road within four years from the
passsage of this act, then this act shall be void.
Section 9. This act shall take effect from and after its
passage. [Approved by the Governor^ March 20, 1847.]
An Act to incorporate the Mount Washington 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 follows :
Section 1. Charles E. Parsons, Charles L. Hayward,
Otis Tufts, their associates and successors, are hereby made
a corporation, by the name of the Mount Washington Iron
1847. Chap. 100—103. 375
Company, for the purpose of manufacturing iron in that to manufacture
part of the city of Boston known as South Boston, county B°"ti,„^°"^'*
of Suffolk ; and, for this purpose, shall have all the powers
and privileges, and be subject to all the duties, restrictions,
and liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Section 2 Said corporation may hold, for the purposes Real estate not
aforesaid, real estate, not exceeding in amount one hundred *^i3o*^ow and
and fifty thousand dollars, and the whole capital stock capital stock
shall not exceed three hundred and fifty thousand dollars. P^o,ooo.
[Approved by the Governor^ March 20, 1847.]
An Act in relation to the Fitchburg and Worcester Rail-road Company. ChcLV 101.
BE it enacted by the Sejiate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The time for the filing of the location of the Time for filing
Fitchburg and Worcester Rail-road is hereby extended to '°"''^Vf ™^*^
, .°,, ^A-11 1 T-1 extended to
the sixteenth day oi April, m the year one thousand eight April 16, 1848.
hundred and forty-eight.
Section 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 20, 1847.] ^ ®*'*'
An Act concerning the Common Lands in the Island of Nantucket. ChcLT) 102
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The occupant, or owner, of uninclosed land Owners or oc-
on the island of Nantucket, when used only for depasturing, pay^for fences
shall not be required to pay for any portion of the partition when used, <fec.
fences standing on the line between the same land and the
land of the inclosure of any other occupant or owner.
Section 2. So much of the twelfth section of the nine- Repeal of in-
teenth chapter of the Revised Statutes, as provides for such vfsS^"' ^™"
payment, is hereby repealed, so far as the same relates to
the island of Nantucket. [Approved by the Governor, March
23, 1847.]
An Act to incorporate the Fitchburg Mutual Fire Insurance Company. Phnn 103
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, arid by the authority of
the sam,e, as follows :
Section 1. Alvah Crocker, Nathaniel Wood, Moses Persons jncor-
Wood, their associates and successors, are hereby made a ^"[p^hbur" to in-
corporation, by the name of the Fitchburg Mutual Fire sure fire risks in
Insurance Company, in the town of Fitchburg, in the coun- f^^g^*"*'"^^®^"^^
ty of Worcester, for the term of twenty -eight years, for the the mutual"'
purpose of insuring dwelling-houses and other buildings, principle.
and personal property, throughout this Commonwealth,
against loss by fire, with all the powers and privileges, and
376
1847.-
-Chap. 103—105.
subject to all the duties, liabilities, and restrictions, set forth
in the thirty-seventh and forty-fourth chapters of the Re-
vised Statutes.
Not to insure SECTION 2, Said Corporation shall not, at any time, make
overgio,oooon insurance for an amount exceeding ten thousand dollars, on
onens. any Single or combined risk. [Approved by the Governor^
March 23, 1847.]
CAapl04.
Jurisdiction of
justices of the
peace anJ po-
lice courts.
Prtmided, &c.
Chap 105.
An Act concerning Wilful Disturbance of Religious Worship.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Every justice of the peace, within his county, and the
several police courts established by law, except the police
court of the city of Boston, shall have jurisdiction concur-
rent with the court of common pleas, and the police court
of the city of Boston shall have jurisdiction, concurrent
with the municipal court, of the offence specified in the
seventeenth section of the one hundred and thirtieth chap-
ter of the Revised Statutes, when the same is not of an
aggravated nature: provided, hoivever, that such justice,
and the police court aforesaid, shall punish such offence by
imprisonment in the county jail or house of correction, not
more than thirty days, or a fine not exceeding ten dollars,
saving to the party convicted the right of appeal, as in
other cases. [Approved by the Governor, March 23, 1847,]
An Act auihorizinj
Gilman M. Burnham and Reuben Burnham to extend
their Wharf in East Boston.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the snm,e, as follows :
Wharf in Bos- Gilmau M. Bumham and Reuben Burnham, proprietors
tendedCuie^' ^^ ^ wharf situated in that part of Boston called East Bos-
line, &.c. ton, and lying between and adjoining the land and wharves
of Eben Weeks and James Cunningham, are hereby au-
thorized to extend and maintain their wharf into the harbor
channel as far as the line established by the act entitled
" An Act concerning the Harbor of Boston," passed on the
seventeenth day of March, in the year one thousand eight
hundred and forty, and shall have the right to lay vessels at
the ends and sides of said wharf, and receive wharfage and
Provided, Slc. dockage thcrcfor : provided, that so much of said wharf as
may be constructed below low-water mark, shall be built on
piles, which piles shall not be nearer to each other than six
feet in the direction of the stream, and eight feet in a trans-
verse direction, and that this act shall, in no wise, affect the
legal rights of any persons whatever : provided also, that
this grant shall not be construed to extend to any flats or
land of this Commonwealth, lying in front of the flats of
1847. Chap. 105—108. 377
any other person, or which would be comprehended by the
true hnes of such flats continued to the said commissioners'
line. [Approved by the Governor, March 23, 1847.]
An Act to continue in force "An Act incorporating the Hingham Mutual (^liapXQQ,
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 follouis :
The act passed on the fourth day of March, in the year incorporation
one thousand eight hundred and twenty-six, entitled, "An March"! i882.
Act incorporating the Hingham Mutual Fire Insurance Com-
pany," shall be and remain in force for the term of twenty-
eight years from and after the third day of March in the
year one thousand eight hundred and fifty-four; and said
company shall be continued as a corporation, with all the
powers and privileges granted to the same by an act in
addition to the act aforesaid, passed on the eighth day of
June, in the year one thousand eight hundred and thirty-
one, and also 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. [Approved by the Governor, March 23, 1847.]
An Act relating to Recording Officers of Joint Stock Companies, and to the r^hoLT) 107
Transfer of Shares therein. -t
BE it enacted by the Seriate and House of Rcpresenta
lives, in General Court assembled, and by the authority of
the same, as follows :
All records of transfers of stock, in joint stock companies, Keco'-ds of
incorporated by the sole authority of this Commonwealth, smckf&c! lo
shall be made and kept within the Commonwealth; and j^e made and
the officer of every such company, whose duty it may be to common-'"
record transfers of shares in the capital stock thereof, shall, weaUh, and by
at the time of his election or appointment, be a resident [herein.^
within the Commonwealth ; and whenever such officer
shall cease to be a resident therein, his office shall become
vacant. [Approved by the Governor, March 23, 1847.]
An Act to incorporate the Hingham Wharf and Land Company, in the Town ChcLp 108.
of Hingham.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Royal Whiton, Kilby Page, and Ebenezer Persons incor-
Gay, their associates and successors, are hereby made a cor- P"''^'^ '
poration, by the name of the Hingham Wharf and Land
Company, with power to purchase and hold, in fee simple |o purchase
or otherwise, all that tract of land lying at Crow Point, so ^ '
called, in Hingham, in the county of Plymouth, and known
as the Hersey lot, the Thaxter lot, the Beals lot, the Nelson
378
1847.-
■Chap. 108—109.
build docks,
wharves, &c., in
Hingham.
Provided, &c.
Capital stock
not to exceed
1000 shares, of
^100.
lot, and the Groce lot, with the wharf and flats adjacent,
with all privileges and appurtenances to the same premises
belonging. And the said corporation may, within the limits
aforesaid, construct docks and wharves, lay vessels within
and at the sides thereof, and receive dockage and wharf-
age therefor ; erect buildings, lay out streets and passage-
ways, and improve and manage said property as to them
shall seem expedient : provided^ that nothing herein con-
tained shall authorize the said corporation to infringe upon
the legal rights of any person, or to build any wharf or
other structure, on the premises, which is not now author-
ized by law.
Section 2. Said corporation may, at any legal meet-
ing, agree upon the number of shares, not exceeding one
thousand, into which their stock shall be divided, which
shares shall be transferable in a book to be kept by the
clerk of the corporation for that purpose ; may, from time
to time, assess upon the stockholders such sums of money,
not exceeding, in the whole, one hundred dollars on each
share, as may be necessary for the purchase, improvement,
and management, of their estate ; and may, in case any
stockholder shall neglect to pay any such assessment, cause
such of the shares of said stockholder as may be sufficient
therefor to be sold, in the manner which said corporation
shall, by their by-laws, prescribe.
Section 3. Said corporation shall have all the powers
and privileges, and be subject to all the duties, restrictions,
and liabilities, contained in the forty-fourth chapter of the
Revised Statutes. [Approved by the Governor, March 23,
1847.]
ChctpliOd. -A-n Act to cede to the United States the Jurisdiction of Minot's Rock, or
■^ Ledge, in Massachusetts Bay.
BE it etiacied by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The jurisdiction of Minot's Rock, or Ledge, in Massa-
chusetts Bay, and all the right and claim to the soil thereof
which this Commonwealth may have, is hereby granted to
the United States of America, for the purpose of erecting a
light-house on the same : provided, that this Commonwealth
shall retain, and does hereby retain, concurrent jurisdiction,
with the United States, in and over said land, so far, that
all civil and criminal processes, issued under the authority
of this Commonwealth, or any officer thereof, may be exe-
cuted on any part of said land, or in any building which
may be erected thereon, in the same Avay and manner as
if jurisdiction had not been granted as aforesaid. [Approved
by the Governor, March 23, 1847.J
Shares may be
sold for non-
payment of as-
sessments.
Powers and du-
ties.
Jurisdiction
ceded for a
light-house.
Provided, &c.
1847. Chap. 110—112. 379
An Act to incorporate the Marlborough Steam Mill Company. CkdV 110.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. Isaac Hayden, J. S. Witherbee, Lambert Persons incor-
Bigelow, their associates and successors, are hereby made a ^°'^ ^ '
corporation, by the name of the Blarlboroiigh Steam Mill
Company, for the purpose of erecting a steam-mill in the to erect a
town of Marlborough, in the county of Middlesex, for saw- MTriboTough.
ing lumber, planing boards, grinding grain and plaster, and
furnishing steam power for manufacturing and mechanical
purposes, 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.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purposes aforesaid, Iso^^ooo.
not exceeding in amount fifty thousand dollars. [Approved
by the Governor, March 23, 1847.J
An Act to authorize Stephen C. Phillips to extend a Wharf or Wharves. ChCLV 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 :
Stephen 0. Phillips is hereby authorized to extend a Wharf or
wharf or wharves, either solid or on piers, across the flats ^m'^may be^*'
in front of the estate now owned by the said Phillips, in extended, &c.
Derby street, in the city of Salem, in a direction towards
the north-west side of the channel of the harbor of Salem,
and for such a distance as will always afford a depth of twelve
feet of water, at low water, at the outermost extremity of
such wharf or wharves; and shall have the right to lay
vessels at the ends and sides of such wharf or wharves,
and to receive dockage and wharfage therefor : provided, Provided, &c.
that this grant shall not in any manner interfere with the
legal rights of any persons whatever. [Approved by the
Governor, March 23, 1847.]
An Act to authorize the Trustees of the First Baptist Church in Lexington nfiftr) 11^
to sell or mortgage certain Real Estate. K^lia^f ll^.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Trustees of the First Baptist Church in Authority to sell
Lexington are hereby authorized and empowered, in their ^"«^ *=°"^^y
corporate capacity, to sell, by private or public sale, at such In Lexington"
time or times, and for such sum or sums of money, as they
may deem proper, the church in Lexington held by said
corporation in trust, together with the land under and about
the same, which belongs thereto, and to convey the same,
discharged from all trusts, conditions, and liability to see to
380
1847.-
-Chap. 112.
for the purpose
of paying debts,
and purchasing
another church
and church site.
Authority to
mortgage
church and
land, if not
sold.
When to take
eflfect.
the application of the purchase money, to the purchaser or
purchasers thereof, in fee simple or otherwise, by a suitable
deed or deeds, to be executed by all said trustees, for the
time being, in their corporate capacity, under a common or
corporate seal by them for that purpose adopted ; said sale
and conveyance to be made for the purpose of paying, out
of the net proceeds thereof, the debts now unpaid and out-
standing, which have been created by the purchase of said
land, by the building of said church, and the incidental ex-
penses arising therefrom, and by the maintenance of public
worship therein ; and for the further purpose of investing
the surplus of said net proceeds in some other church and
church site more eligible, in the opinion of said trustees for
the time being, for the purposes of public Avorship, which
said last-named church and church site shall be held by
said corporation upon the same trust, and for the same uses
and purposes, as the land and church, hereby authorized to
be sold, would be held, if not sold under the authority of
this act.
Section 2. In case said trustees for the time being shall
not, for any reason, deem it advisable to sell the church
and land authorized to be sold by the preceding section
of this act, but rather to borrow, upon a mortgage or
mortgages thereof, the whole or part of a sum of money
sufficient to pay the debts now unpaid and outstanding,
which have been created in the ways mentioned in said
preceding section, together with the whole or part of such
other sum, if any, as said trustees may see fit to expend in
repairing or altering said church, then, in such case, they
are hereby authorized and empowered, in their corporate
capacity, to convey said church and land discharged of all
trusts, conditions, and liability to see to the application of
the money borrowed thereon, in fee and in mortgage, to such
person or persons as may loan them money, and by such
deed or deeds of mortgage, to be executed in the way and
manner prescribed in said preceding section for the execu-
tion of the deed or deeds therein authorized, as they shall
think proper, for the purpose of securing to said loaner or
loaners the payment of the principal and interest of any
sum or sums of money borrowed by said trustees, in order
to pay and defray all or any part of the debts and expense
aforesaid, as well as to secure the note or notes given for
the money so borrowed.
Sectiox\ 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 23, 1847.J
1847. Chap. 113—116. 381
An Act to incorporate the Unquomonk Manufacturing Company. Chat) 113.
BE it enacted by the Senate and Honse of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. Lewis Bodman, Winfield S. Pierce, their as- Persons incor-
sociales and successors, are hereby made a corporation, by pora'ed,
the name of the Unquomonk Manufacturing Company, for
the purpose of manufacturing cotton and woolen goods in to manufacture
the town of WiUiamsburg, county of Hampshire, with all woden^goods
the powers and privileges, and subject to all the duties, re- in Wiihams-
strictions, and liabilities, set forth in the thirty-eighth and ^^^S-
forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purposes aforesaid, ^^^^^^ §25,000.
not exceeding in amount twenty-five thousand dollars.
[Approved by the Governor, Mai'ch 23, 1847.]
An Act in addition to an Act to incorporate tiie Worcester County Horticul- ChdV 114.
tural 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 :
Section 1. The Worcester County Horticultural Society May hold estate
is hereby authorized to hold real and personal estate to the ]?20 ooT°""* "'^
amount of twenty thousand dollars. '
Section 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 23, 1847.] ^^^'^^
An Act to incorporate the People's Mutual Fire Insurance Company. Chap 115.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. George Bowen, Edward H. Hemenway, and Persons incor-
James H. Wall, of Worcester, in the county of Worcester, SMo'in^re"
their associates and successors, are hereby made a corpora- fire risks in
tion, by the name of "The People's Mutual Fire Insurance fo'rif'yearton
Company," to be established in Worcester aforesaid, for the the mmuai pnn-
term of twenty-eight years, for the purpose of insuring "P'®-
buildings within the Commonwealth of Massachusetts, stock
in trade, and all other kinds of personal property, on the mu-
tual principle, with all the powers and privileges, and sub-
ject to all the duties, restrictions, and liabilities, set forth in
the thirty-seventh and forty-fourth chapters of the Revised
Statutes, in the act of the year one thousand eight hundred
and forty-five, chapter seventeen, and all other general laws
of this Commonwealth relating to such corporations.
Section 2. After the organization of said corporation, Where guaran-
books may be opened for the subscription of a guaranty gioo^'hM
capital of one hundred thousand dollars; and, whenever been paid in,
that amount shall be subscribed and paid in, said corpora- be madrn™t%n
49
382
1847.-
-Chap. 115—116.
mutual princi-
ple.
Guaranty capi-
tal to be in
shares, and to
pay dividend,
&.C.
Qualifications
of voters in
elections.
Investment of
funds.
tion may also insure and issue policies otherwise than on
the mutual principle. Said guarantee capital shall be di-
vided into shares by said corporation, and shall be entitled
to receive a semi-annual dividend, such as may be deter-
mined by the directors, not to exceed four per centum.
Section 3. After the first election, no person shall be
eligible as an officer, or entitled to vote as a member of said
corporation, unless he be the holder of a mutual policy.
Section 4. Said corporation may invest its funds in any
manner in which insurance companies or savings banks
are or may be authorized to do. [Approved by the Governor^
March 23, 1847.]
ChCLD 116 "^^ "^"^^ ^^ incorporate the East Boston Dry Dock Company, and to extend a
" ' Wharf.
JB£J it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Ephraim Parker and John D. Dunbar, their
associates and successors, are hereby made a corporation,
by the name of the East Boston Dry Dock Company, for
the purpose of building a dry dock and for repairing vessels
in that part of Boston called East Boston, with all the
powers and privileges, and subject to all the duties, restric-
tions, and liabilities, set forth in the forty-fourth chapter
of the Revised Statutes.
Section 2. Said corporation may purchase and hold
such real and personal estate as may be necessary and con-
venient for the purposes mentioned in this act, to an amount
not exceeding two hundred thousand dollars.
Section 3. Said Ephraim Parker and John D. Dunbar,
their associates and successors, are hereby authorized to
extend and maintain their wharf, located at the junction of
Maverick and New streets, in East Boston, into the harbor
channel, as far as the line established by the act, entitled
" An Act concerning the Harbor of Boston," passed on the
seventeenth day of March, in the year one thousand eight
hundred and forty, and shall have the right to lay vessels
at the end and sides of said wharf, and receive wharfage
Provided, Sec. and dockage therefor: provided, that so much of said wharf
as may be constructed below low-water mark shall be
built on piles, which piles shall not be nearer than six feet
in the direction of the stream, and eight feet in a transverse
direction, and that this act shall in no wise afiect the legal
rights of any persons whatever: provided, further, that this
grant shall not be construed to extend to any flats or land
of this Commonwealth lying in front of the flats of any
other person, or which would be comprehended by the true
lines of such flats, continued to the said commissioners'
line. [Approved by the Governor, March 23, 1847.]
Persons incor-
porated,
to build a dry
dock and repair
vessels in £ast
Boston.
Estate not to
exceed
;g200,000.
Wharf in East
Boston may be
extended to the
line, &.C.
1847. Chap. 117—118. 363
An Act to incorporate the Berkshire Glass Company. ChcLt) 117.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Section 1. Samuel Smith, William T. Filley, W. B. D. ^^1^^^"""°^-
Linn, their associates and successors, are hereby made a '
corporation, by the name of the Berkshire Glass Company,
for the purpose of manufacturing glass, in the town of to manufacture
Lanesborough, county of Berkshire, with all the powers ^o^ou'"^^^^^'
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.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purpose aforesaid, ^Yo^o^ooo
not exceeding in amount one hundred thousand dollars. '
[Approved by the Governor, March 23, 1847.]
An Act to authorize Albert Bowker and William Fettyplace to extend their QhciV 118.
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 :
Albert Bowker and William Fettyplace, proprietors of a Wharf in
wharf and flats situate on Border street, and opposite Cen- f "tended ^to the
tral square, in that part of Boston known as East Boston, line, &;c.
and lying between and adjoining the land and flats of
Ammi C. Lombard, and George B. Jones, and William H.
and B. F. Delano, are hereby authorized to extend and
maintain their wharf into the harbor channel, as far as the
line established by the act, entitled " An Act concerning
the Harbor of Boston," passed on the seventeenth day of
March, in the year one thousand eight hundred and forty,
and shall have the right to lay vessels at the ends and sides
of said wharf, and receive wharfage and dockage therefor :
provided, however, that this grant shall not be construed to Provided, &c.
extend to any flats or land of this Commonwealth lying
in front of the flats of any other person, or which would be
comprehended by the true lines of such flats continued to
the said commissioners' line : and provided, also, that so
much of said wharf as may be constructed below low-
water mark shall be built on piles, which piles shall not
be nearer to each other than six feet in the direction of the
stream, and eight feet in a transverse direction, and that this
act shall in no wise aflect the legal rights of any persons or
corporations whatever. \App?^oved by the Governor, March
26, 1847.]
384
1847.-
-Chap. 119—121,
Chap lid.
Wharf may be
built in Prov-
incetown, &c.
Provided, &c.
Chap 120.
Persons incor-
porated,
to manufacture
iron in Fitch-
burg.
Real estate not
to exceed
;g25.000, and
capital stock
;g50,000.
An Act authorizing Isaiah Gifibrd to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives^ m General Court assembled, and by the authority of
the same, as follows :
Isaiah Gifibrd is hereby authorized to build a wharf from
his land adjoining the harbor of Provincetown, and to ex-
tend said wharf into six feet of water at low tide, and to
lay vessels at the end and sides thereof, and receive wharf-
age and dockage therefor : provided, that this grant shall in
no wise impair the legal rights of any person whatever.
[Approved by the Governor, March 26, 1847.]
An Act to incorporate the Fitchburg Iron Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, a7id by the authority of
the same, as follows :
Section 1. John T. Farwell, Abel Simonds, Leonard C.
Sanborn, their associates and successors, are hereby made
a corporation, by the name of the Fitchburg Iron Company,
for the purpose of manufacturing iron in the town of Fitch-
burg, county of Worcester, with all the powers and privi-
leges, and subject to all the duties, restrictions, and liabili-
ties, set forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes.
Section 2, Said corporation may, for the purpose afore-
said, hold real estate not exceeding in value twenty-five
thousand dollars, and the whole capital stock shall not ex-
ceed fifty thousand dollars. [Approved by the Governor,
March 26, 1847.]
Chap 121,
May plant,
grow, and dig
oysters in Free-
town, &c.
Penally for
planting, dig-
ging, &c. wUh-
m 20 years,
without permis-
An Act authorizing Guilford Hathaway and Edmund D. Hathaway to plant
Oysters in Assonet River, a Branch of Taunton Great River.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Guilford Hathaway and Edmund D, Hatha-
way, both of Freetown, in the county of Bristol, their
heirs and assigns, are hereby authorized to plant, grow,
and dig oysters, in the waters and flats of Assonet River,
a branch of the Taunton Great River, in front and west-
erly of land of David Evans and Lynde Valentine, in said
Freetown, beginning at the south line of Edmund D. Hath-
away, and extending on the shore and flats to the line of
land of Stillman Tucker, and extending from higli-water
mark westerly to the channel, or line of the town of
Berkley.
Section 2. The said Guilford and Edmund D. Hatha-
way, their heirs and assigris, shall have the exclusive use
of said waters and flats, from high-water mark to the
channel of said river, as defined, for the purpose of plant-
1847. Chap. 121—123. 385
ing, growing, and digging oysters, for the term of twenty sionof said
years ; and if any person shall, within said limits, dig from, l^mund d*^
or take any oysters during said term, without license from Haihaway,'&c.
said Guilford and Edmund D. Hathaway, their heirs or
assigns, he shall forfeit and pay a fine not exceeding twenty
dollars for each offence, to be recovered by said Guilford
and Edmund D. Hathaway, their heirs or assigns, in any
court proper to try the same.
Section 3. Nothing in this act shall be so construed as Rights of own-
to infringe upon the rights of any owner of land, on which ^o*t)°'^jJff"^J'°j
said oysters are planted by said Guilford and Edmund D. upon. °
Hathaway, their heirs or assigns. [Approved by the Gov-
ernor, March 26, 1847.]
An Act to authorize Samuel Hall to extend his Wharf. Hhart 122
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Samuel Hall, proprietor of a wharf situate on Border wharf in Bos-
street, in that part of Boston known as East Boston, and '""J^!^ ^l^^'
lying between and adjoining the land and flats of J. P. and une, &c.
J. A. Woodbury, and Shepard Simmons, and others, is
hereby authorized to extend and maintain his wharf into
the harbor chamiel, as far as the line established by the
act, entitled " An Act concerning the Harbor of Boston,"
passed on the seventeenth day of March, in the year one
thousand eight hundred and forty, and shall have the right
to lay vessels at the ends and sides of said wharf, and re-
ceive wharfage and dockage therefor : provided, however, Prcmded, See.
that this grant shall not be construed to extend to any flats
or land of this Commonwealth lying in front of the flats
of any other person, or which would be comprehended by
the true lines of such flats, continued to the said commis-
sioners' line : a?id provided, also, that so much of said
wharf as may be constructed below low-water mark shall
be built on piles, which piles shall not be nearer to each
other than six feet in the direction of the stream, and eight
feet in a transverse direction, and that this act shall in no
wise aflfect the legal rights of any persons or corporations
whatever. {Approved by the Governor, March 26, 1847.]
Kx\ Act to increase the Capital Stock of the Bunker Hill Bank. ChdXt 123
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section I. The president, directors, and company of the Capital stock
Bunker Hill Bank are authorized to increase their capital ^^p^j,g^j;I''
stock by an addition of fifty thousand dollars thereto, in S50,oooih
shares of one hundred dollars each, which shall be paid in ^ai'es of 5100,
such instalments as the president and directors of said bank
386 1847. Chap. 123—126.
Provided, &c. may direct : provided, that the whole amount shall be paid
in on or before the fourth day of October next.
LiabUities of SECTION 2. The additional slock aforesaid shall be sub-
increased capi- jggf jQ j.j^g jijje ^j^x, regulations, and provisions, to which the
present capital stock of said bank is now subject.
Certificate, «fec. SECTION 3. Before said corporation shall proceed to do
to t^he Se'cre^'^ busiucss upou such additional capital, a certificate, signed
tary. by the president and directors, and attested by the cashier,
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the Secretary of
the Commonwealth. [Approved by the Governor, March
26, 1847.]
Chcit) 124. -^^ -^^'^ '° authorize Simeon Conant 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 :
Wharf in Prov- Simcon Conaut is hereby authorized to extend and main-
be^extrndecT^ ^^^^ ^^^ wharf uow owucd by him, and adjoining his land
&c. ' in Provincetown, to low-water mark, and shall have the
right to lay vessels at the end and sides of said wharf, and
Provided, «&c. receivc dockage and wharfage therefor : provided, this act
shall not in any manner interfere with the legal rights of any
person whatever. [Approved by the Governor, March 26,
1847.]
ChaO 125 "^^ ^^^ ^"^ authorize Owen Bearse and others to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority oj
the same, as follows :
Wharf may be Ovvcu Bearse, and his associates, are hereby authorized t(
stable" '*™" build and maintain a wharf in the village of Hyannis, in th<
town and county of Barnstable, to the channel, and shal
have the right to lay vessels at the end and sides of saic
Provided &c wliarf, and receive wharfage and dockage therefor: pro
' ' vided, that this grant shall not in any manner interfere witl
the legal rights of any person whatever. [Approved by th
Governor, March 26, 1847.]
Chat) 126. ^^ "^^^ to incorporate the Massachusetts Steam Engine Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the aiithority oj
the same, as follows :
Persons incor- SECTION 1. John W. Liucolu, Samucl Davis, George T.
porated, Rice, their associates and successors, are hereby made a
corporation, by the name of the Massachusetts Steam En-
to manufacture gine Company, for the purpose of manufacturing steam-
andrn^T"^"^ engines, and machinery, in the town of Worcester, county o
in"w'on:*ester7 Worcester, with all the powers and privileges, and subject to
all the duties, restrictions, and liabilities, set forth in the thir-
ty-eighth and forty- fourth chapters of the Revised Statutes.
1847. Chap. 126—128. 387
Section 2. Said corporation may, for the purposes afore- Real estate not
said, hold real estate not exceeding in amount fifty thou- gso'^ooo, and
sand dollars, and the whole capital stock shall not exceed capital stock,
one hundred and fifty thousand dollars.
Section 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 26, 1847.]
An Act to authorize George Sturtevant and others to extend their Wharf. ChciV 127.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
George Sturtevant, Thomas Edwards, and George Can- Wharf in Bos-
non, are hereby authorized to extend their wharf, situated tended"^o The*"
in that part of the city of Boston called East Boston, into line, &c.
the harbor channel, as far as the line established by an act
entitled "An Act concerning the Harbor of Boston," passed
on the seventeenth day of March, in the year one thousand
eight hundred and forty, and shall have the right to lay ves-
sels at the end and sides of said wharf, and receive wharf-
age and dockage therefor : provided, that so much of said Provided, &c.
wharf as may be constructed below low-water mark shall
be built on piles, which piles shall not be nearer to each
other than six feet in the direction of the stream, and eight
feet in a transverse direction, and that this act shall in no
wise aflfect the legal rights of any persons or corporations
whatever: and provided, further, that this act shall not be
so construed as to extend to any flats or land of the Com-
monwealth lying in front of the flats of any other person,
or which would be comprehended by the true lines of such
flats, continued to the said commissioners' line. [Ap2>roved
by the Governor, March 26, 1847.]
An Act to incorporate the Pickman Manufacturing Company. ChctV 128
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. George T. Sanders, Michael Lord, William Persons incor-
D. Pickman, their associates and successors, are hereby poi'^'ed,
made a corporation, by the name of the Pickman Manufac-
turing Company, for the purpose of manufacturing cotton to manufacture
and woolen goods, in the city of Salem, county of Essex, wodeV|oodsin
with all the powers and privileges, and subject to all the Saiem.
duties, restrictions, and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may, for the purpose afore- Real estate not
said, hold real estate not exceeding in amount forty thousand ^^/r^nnn'^ a
111 Ti 11 -1 1111 -I • S'i-OfiOO, and
dollars, and the whole capital stock shall not exceed sixty capital stock
thousand dollars. [Approved by the Governor, March 26, S^^fi^-
1847.]
388
1847.-
-Chap. 129—131.
Chap 129.
Wharf may be
built in Prov-
incelown, &c.
Provided, &.c.
ChapWO.
Persons incor-
porated,
to supply the
citizens of
Williamstown
with water.
Estate not to
exceed JJ20,000.
'An Act authorizing Kilbourn W. Freeman to build a Wharf.
BE it enacted by the Sctiate and House of Representa-
tives, in Gcjieral Court assembled, and by the authority of
the same, as follows :
Kilbourn VV. Freeman is hereby authorized to build a
wharf from his land adjoining the harbor of Provincetown,
and to extend said wharf into six feet of water, at low tide,
and to lay vessels at the end and sides thereof, and receive
wharfage and dockage therefor : provided, that this grant
shall in no wise impair the legal rights of any person what-
ever. [Approved by the Governor, March 26, 1847,]
An Act to incorporate the Williamstown Water 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 :
Section I. Daniel N. Dewey, Seymour Whitman, Ed-
ward Lazell, their associates and successors, are hereby
made a corporation by the name of the Williamstown Water
Company, for the purpose of supplying the citizens of
Williamstown, county of Berkshire, with good water, 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.
Section 2. Said corporation may hold real and personal
estate, necessary and convenient for the purpose aforesaid,
not exceeding in amount twenty thousand dollars. [Ap-
proved by the Governor, March 27, 1847. J
ChcLt) 131 ^^ ^^^ ^° establish the Shelburne Falls Academy.
BE it enacted by the Senate and House of Representa-
tives, 171 General Court assem,bled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Ebcuezer G. Lamsou, Asa Severance, Jarvis
porated, to man- g, Bardwcll, their associates and successors, are hereby
ff sheibirrne!"^ made a corporation, by the name of the Shelburne Falls
Academy, to be established in the town of Shelburne, in the
county of Franklin, with all the powers and privileges, and
subject to all the restrictions and liabiHties, set forth in the
forty-fourth chapter of the Revised Statutes.
Estate not to SECTION 2. Said Corporation may hold real and personal
exceed 520,000, estate to au amount not exceeding twenty thousand dollars,
to be devoted, ,, , ,1 i r 1 ■
&c. to be devoted exclusively to the purposes oi education.
[Approved by the Governor, March 27, 1847.]
1847. Chap. 132—134. 889
An Act in addition to " an Act for the further Regnlation of the Erection of Qfiap 132.
Wooden Buildings 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 :
Any building hereafter erected in the city of Boston, con- illegal buildings
trary to the provisions of an act entitled "An Act for the J" ^e 'SifJiid
further regulation of the erection of wooden buildings in the deemed to be
city of Coston/' passed the eighth day of April, in the year ""he"abated°'^
one thousand eight hundred and thirty-five, chapter one by mayor and
hundred and thirty-nine, shall be deemed and taken to be a aldermen, «fec.
common nuisance ; and the mayor and aldermen of the said
city shall have the same power and authority to abate and
remove any such building as are given to the board of
health in the tenth and eleventh sections of the twenty-first
chapter of the Revised Statutes : provided, however, that Provided, &c.
nothing herein shall be construed as affecting any remedies
already given in the said act. {Approved by the Governor,
March 27, 1847.]
An Act to incorporate the Hampden County Horticultural Society. Cnttp 133.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Henry Vose, Henry Brewer, Jr., Samuel Persons incor-
Bowles, Jr., their associates and successors, are hereby P°'^'^^'
made a corporation, by the name of the Hampden County
Horticultural Society, for the purpose of advancing the sci- to advance the
ence, and encouraging and improving the practice, of horti- honioS'twe. "'^
culture ; and, for that purpose, shall have all the powers and
privileges, and be subject to all the duties, liabilities, and
restrictions, contained in the forty-fourth chapter of the
Revised Statutes.
Section 2. Said corporation may, for the purpose afore- Estate not to
said, hold real and personal estate to the amount of twenty exceed ^20,000.
thousand dollars. [^Approved by the Governor, March 29,
1847.1
An Act to increase the Capital Stock of the Boston Insurance Company. CflCtp 134.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, ajid by the authority of
the same, as follows :
The Boston Insurance Company, in the city of Boston, Capital stock
is hereby authorized to increase its capital stock by an ad- ™crby''ffioo'^ooo
dition thereto of a sum not exceeding one hundred thousand in shares of
dollars, to be divided into shares of one hundred dollars S^^,^'^^
each, to be collected and paid in such instalments, and un-
der such provisions and penalties, as the president and di-
rectors of said company may appoint. {Approved by the
Governor, March 29, 1847.]
50
390
1847. Chap. 135—136.
Chap\35.
Persons incor-
porated,
to purchase and
hold land,
wharves, Sec.
An Act to incorporate the Constitution "Wharf Company, in the City of Bos-
ton.
BE it enacted by the Senate and House of Rejnesenta-
iives, in General Court assembled^ and by the authority of
the same, as follows :
Section 1, Nathaniel Goddard, James S. Wilder, D. S.
Kendall, their associates and successors, are hereby made a
corporation, by the name of the Constitution Wharf Com-
pany, with power to purchase and hold, in fee simple or
otherwise, all or any part of that tract of land, wharves,
docks, and fiats, situated on the northerly side of Commer-
cial street, in said Boston, and bounded southerly by said
Commercial street, easterly by the estate known as the Bat-
tery Wharf, westerly by the estate known as Aspinwall's
Wharf, and northerly by the commissioners' line, so called,
in Boston Harbor, with all the privileges and appurtenances
to the said premises belonging. And the said corporation
may, within the limits aforesaid, construct docks and
wharves, lay vessels within, and at the ends and sides
thereof, and receive dockage and wharfage therefor ; erect
buildings, lay out streets and passage-ways, and improve
and manage said property, as to them shall seem expedient :
provided, that nothing herein contained shall authorize the
said corporation to infringe upon the legal rights of any per-
son, or to build any wharf or other structure on the prem-
ises which is not now authorized by law.
Section 2. Said corporation may, at any legal meeting,
agree upon the number of shares, not exceeding one hun-
dred, into which their stock shall be divided, which shares
shall be transferable in a book, to be kept by the clerk of
the corporation for that purpose; may, from time to time,
assess upon the stockholders such sums of money, not ex-
ceeding in the whole five thousand dollars on each share,
as may be necessary for the purchase, improvement, and
management of their estate ; and may, in case any stock-
holder shall neglect to pay any such assessment, cause such
of the shares of said stockholders as may be sufficient
therefor to be sold, in such manner as the said corporation
may, by their laws, determine.
Section 3. Said corporation shall have all the powers
and privileges, and be subject to all the duties, restrictions,
and liabilities, contained in the forty-fourth chapter of the
Revised Statutes. [Approved by the Gove)'nor, March 29,
1847.]
Chcip\3Q. -^^ ■^^''^ authorizing Jonathan Hill and Joseph P. Johnson to build a Wharf.
BE it enacted by the Senate and House of Rejjresenta-
tiveSj in General Court assembled^ and by the authority of
the same, as follows :
Wharf may be Jonathan Hill and Joseph P. Johnson are hereby au-
bcetown Tc. thoiized to build a wharf from their land, adjoining the har-
and construct
docks and
wharves, &c.
Provided, &c.
Corporation to
agree on num-
ber of shares,
not to exceed
100 of JJ3000
each, &c. to be
transferable,
&c.
Shares may be
sold for non-
payment of
assessments.
Powers and du-
ties of corpora-
tion.
1847. Chap. 136—139. 391
bor of Provincetown, and to extend said wharf into six feet
of water, at low tide, and to lay vessels at the end and
sides thereof, and to receive wharfage and dockage therefor:
provided, that this grant shall, in no wise, impair the legal Provided, Si.c.
riglits of any person whatever. [Approved by the Governor^
March 29, i847.J
An Act relating to Common Schools. Ckop 137*,
BE a enacted by the Senate atid House of Represejita-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. In addition to the grants of money for com- Towns may
mon schools which cities and towns are now, by law, au- fnTtmcdon'^of^
thorized to make, any city or town may appropriate such adults in read-
further sums of money as it may deem expedient, for the '°^' *^*
support of schools for the instruction of adults in reading,
writing, English grammar, arithmetic, and geography.
Section 2. Such moneys shall be assessed, levied, col- Manner of as-
lected, and paid into the treasury, iti the same manner that posd^Tc. of"
other town or city taxes are, and shall then be at the dis- moneys raised
posal of the school committee of the town or city, to be ex- '»'• t^is purpose,
pended by them for the purpose aforesaid, in such manner
as they may deem expedient.
Section 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 29, 1847. J ^ ^'^^'
An Act to establish the Boundary Line between Weymouth and Abington. (7Afl2?138.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The boundary line between the towns of Weymouth and Commence-
Abington shall be established and known as follows, to tTo^n^of"divi'dfnff
wit: Beginning at a point, on the boundary line between line,
the towns of Hingham and Weymouth, situated north, fif-
teen degrees and twenty-three minutes east, five hundred
feet distant from the monument standing as the reputed
southeast corner of Weymouth; thence, south, seventy-one
degrees and fifty minutes west, about three miles and one
quarter, to a stake, on the boundary line between the towns
of Weymouth and Randolph, situated north, sixteen degrees
and eight minutes east, three hundred and fifty-three feet
distant from the monument standing at the reputed south-
west corner of Weymouth. [Approved by the Governor,
March 31, 1847.]
An Act to incorporate the Point Bridge Company, in the Town of Gloucester. (Ihr/n'iSQ
BE a enacted by the Senate and House of Rej)rese7ita^
tives, in General Court assembled, and by the authority of
the sam,e, as follows :
Section 1, Timothy A. Smith, Gideon Lane, and George Persons incor-
Norwood, their associates and successors, are hereby made p°'**«*^-
392
1847.-
-Chap. 139.
Location, con-
struction, main-
tenance, form,
&,c., of bridge.
Tendance of
draw.
Bridge shall be
kept in repair,
and draw rais-
ed.
Sign-board,
with rates of
toll.
Exemptions
from payment
of toll.
Tolls.
a corporation, by the name of the Point Bridge Company,
with all the powers and privileges, and subject to all the
duties, restrictions, and liabilities, contained in the forty-
fourth chapter of the Revised Statutes.
Section 2. Said corporation is hereby authorized to erect
a bridge over Lobster Cove, in the town of Gloucester, from
some convenient point, northeasterly from the wharf now
owned by Jonathan Dennison, on the southeasterly side of
said Cove, to some convenient point on the northwesterly
side of said Cove, with a suitable and convenient draw, at
least twenty-two feet wide, for the passage of vessels
through the same; and said corporation shall build, and.
keep up, and maintain, the said bridge and draw, of good
and sufficient materials, the said bridge to be not less than
twenty-four feet in width, with good and sufficient rails, on
each side, for the protection of travellers ; and shall con-
stantly keep some suitable person or persons at said bridge,
who shall raise the said draw for any vessel that may be
passing up and down the said Cove, (which cannot conve-
niently pass under said draw,) free of expense to the own-
er or owners of such vessel ; and if such attendant upon
said draw shall unreasonably neglect or refuse to raise
the said draw, when thereto required, the said corporation
shall, for each and every such neglect or refusal, be liable
to a fine of ten dollars, for the use of the persons injured,
thereby, to be recovered in any court of competent jurisdic-
tion to try the same.
Section 3. Said corporation shall keep said bridge and
draw in good repair at all times, and cause the draw to be
raised, for the accommodation of vessels, by day or night ;
and, at the place where toll shall be collected, shall erect,
and keep constantly exposed to view, a sign-board, with
the rates of toll fairly and legibly printed thereon, in letters
of a large size ; and all persons, with their carriages and
horses, passing to and from any place of public worship,
scholars, while going to or returning from school, and all
persons going to or returning from military duty, or to, or
from funerals, are hereby exempted from paying any toll
required by this act.
Section 4. For the purpose of reimbursing the said cor-
poration for the expense of building and maintaining said
bridge, a toll is hereby granted, to the sole use of said cor-
poration, not exceeding the folloAving rates, to wit:
For each foot passenger, one cent ; for each horse and rider,
five cents ; for eacli horse and chaise, chair, or sulky, eight
cents ; for each coach, phaeton, chariot, or other four-wheeled
carriage, drawn by two or more horses, twelve and a half
cents ; for every wagon, drawn by not more than two horses,
eight cents ; if drawn by more than two horses, ten cents ; for
every wagon, cart, or other carriage, drawn by two or four ox-
1847. Chap. 139. 393
en, six cents ; if drawn by more than four oxen, eight cents ;
for every cart or wagon, truck or dray, drawn by one horse,
six cents ; for every sleigh, drawn by one horse, six cents ;
for every sleigh, drawn by two horses, eight cents ; for every
sled, drawn by two or four oxen, six cents; for every sled,
drawn by one horse, five cents ; and if by more than one
horse, one cent additional for every additional horse; for
every sleigh, drawn by more than two horses, ten cents ;
and for all horses, mules, and neat cattle, two cents each ;
and for sheep and swine four cents for each dozen ; and
one person, and no more, shall be allowed to each team, as
a driver, to pass free of toll ; the toll shall commence on the
first opening of said bridge, and shall continue for the term
of seventy years : provided, nevertheless, that the Legisla- Legislature
ture shall have the right, at any time after the expiration j^nsaUer'ten
of ten years, to alter, and regulate anew, the rates of toll to years.
be collected by said corporation.
Provided, also, that v/henever a majority of the inhabit- TownofGiou-
ants of the town of Gloucester, at any legal meeting thereof J^^e'^rid'Y/o^^
held for that purpose, shall determine so to do, said town make it free,
shall have the right to remunerate said corporation, for the •^<=-
expenses of said bridge, with eight per cent, interest there-
on, (deducting what may have been received for tolls,) and
open said bridge to the public, free of tolls; and said cor-
poration shall then surrender their franchise to said town,
and shall, thereafter^ be released from all their liabilities,
any thing, in this act, to the contrary, notwithstanding.
Section 5. Said corporation is hereby authorized to lay Road may be
out, make, and maintain, a good and sufficient road, from H''|^^"'.*° l^®
said bridge to the highways on each side of said Cove ; and '^ ^^^■^^'
if the inhabitants of the town of Gloucester, or the county
commissioners of the county of Essex, shall refuse to lay
out, and make, and maintain, the same, the said corporation Corporation to
shall be liable for all damages sustained by any person or be liable for
persons whose lands are taken for said road ; and the in"case^'&f.^^
amoimt of damages, if the parties do not agree, shall be as-
certained in the way prescribed by law for ascertaining
damages sustained by individuals whose lands are taken
for public highways.
Section 6. The stock of said corporation shall consist of Capital stock
not more than one hundred and twenty shares, of twenty- 120 s'har"srof
five dollars each. But said corporation may make further 525, with pow-
assessments on said shares, if necessary to build and com- e""'** assess, &c.
plete said bridge.
Section 7. If the said corporation shall neglect to build Time for com-
and complete said bridge within three years from the pass- br?dgf.^ ^
ing of this act, the same shall, thereafter, be null and void.
[Approved by the Governor, March 31, 1847.]
394
1847.-
-Chap. 140—141.
May plant,
grow, and dig',
oysters, in Free-
town.
Penalty for
planting, dig-
ging, &-C., with-
in 20 years,
without permis-
sion of said Lu-
ther and Boyce,
Chap 140. -^^ ^^'^ authorizing Benjamin Luther and John Boyce to plant Oysters in
* Assonet River.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Benjamin Luther and John Boyce, of Berk-
ley, in the county of Bristol, their heirs and assigns, are
hereby authorized to plant and dig oysters, in the waters
and fiats of Assonet River, a branch of Taunton Great Riv-
er, in front, and easterly, of a portion of the land of Abigail
and Dorcas Tew, from high-water mark to the line of the
town of Freetown, near the Narrows (so called) of said
Assonet River : said portion of land is bounded, northerly,
by land of George Pierce, and extending due south, twen-
ty-two rods ; thence, easterly, (intersecting a large rock at
low-water mark,) to the line of Freetown.
Section 2. Said Luther and Boyce, their heirs and as-
signs, shall have the exclusive use of said waters and flats,
from high-water mark to the channel of said river, as de-
fined, for the purpose of planting and digging oysters, for
the term of twenty years. And if any person shall, within
said limits, dig from, or take, any oysters, during said term,
without license from said Luther and Boyce, their heirs or
assigns, he shall forfeit and pay a fine, not exceeding
twenty dollars for each offence, to be recovered by said Lu-
ther and Boyce, their heirs or assigns, in any court proper
to try the same.
Section 3. Nothing in this act shall be so construed as
to infringe upon the rights of any owner of land, on which
said oysters are planted by said Luther and Boyce, their
heirs or assigns. [Appj-oved by the Governor, March 31,
1847.]
An Act to authorize William Fettyplace and Benjamin Lamson 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 :
Wharf in Bos- William Fcttyplacc and Benjamin Lamson, proprietors of
ton may be ex- g. wharf situatc ou Marginal street, in that part of Boston
tended to the , ,-, „ i ^ ■ ^ it--
line, &c. known as Last Boston, and lying between and adjoming
the land and wharves of Benjamin Lamson and William R.
Lovejoy, and others, are hereby authorized to extend and
maintain their wharf into the harbor channel, as far as the
line established by the act entitled "An Act concerning the
Harbor of Boston," passed on the seventeenth day of March,
in the year one thousand eight hundred and forty, and shall
have the right to lay vessels at the end and sides of said
Provided, Sic. wharf, and receive wharfage and dockage therefor : provided
however, that this grant shall not be construed to extend to
Rights of own-
ers of land not
to be infringed
upon.
ChapUl,
1847. Chap. 141—144. 395
any flats or land of this Commonwealth lying in front of
the flats of any other person, or which would be compre-
hended by the true lines of such flats, continued to the said
commissioners' line ; and provided, also, that so much of said
wharf as may be constructed below low-water mark shall
be built on piles, which piles shall not be nearer to each
other than six feet in the direction of the stream, and eight
feet in a transverse direction, and that this act shall, in no
wise, affect the legal rights of any persons or corporations
whatever, [Approved by the Govertior, March 31, 1847.]
An Act lo incorporate the Boylslon Medical School. CllOt) 142
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
John ]3acon. Junior, Charles E, Buckingham, and Ed- Persons incor-
ward H. Clarke, their associates and successors, are hereby fo^n?'*^
made a corporation, by the name of the Boylston Medical
School, to be established in the city of Boston, in the county
of Sntfolk, with all the powers and privileges, and subject to
all the duties, liabilities, and restrictions, set forth in the
forty-fourth chapter of the Revised Statutes, with power to
hold real and personal estate to an amount not exceeding Estate not to
twenty thousand dollars. [Approved by the Governor, exceed g20,ooo.
March 31, 1847. J
An Act to establish "Westminster Academy. ChCL'D 143,
BE it enacted by the Senate and House of Re})resenta-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Cyrus Mann. Robert Peckham, Benjamin Persons incor-
Wyman, their associates and successors, are hereby made a Westminster.
corporation, by the name of the Proprietors of Westminster
Academy, to be established in the town of Westminster, 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.
Section 2. Said corporation may hold real estate to an Real estate not
amount not exceeding five thousand dollars, and personal !^cnn!^^*^'' ,
Ti 1 Till 1- /. a^'JtJO Pnd per-
estate not exceeding three thousand dollars, exclusive of sonai, 53000,
books and apparatus, to be devoted exclusively to the pur- b''ok"''&°'^
poses of education. [Approved by the Governor, March 31, be devoted &c
1847.]
An Act in addition to an Act to authorize the extending of the Pine Grove /^» i \ s
Road, across Gofl's Cove, in Cambridge. CtlUp 144.
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 forty- Act of 1846, ch.
six, chapter eighty-four, entitled "An Act to authorize the ^^;°"''""«<^'
396
1847.-
-Chap. 144^146.
Cfiap}4>5.
extending of the Pine Grove Road, across GofF's Cove, in
Cambridge," shall continue and remain in full force, pro-
Provided, &c. vided said road be commenced before the first day of Sep-
tember next, and be completed within eighteen months from
the passage of this act, any thing in said act to the contrary
notwithstanding. [Approved by the Governor, March 31,
1847. J
An Act to authorize the City of Boston to extend 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 follows :
Wharf in Bos- The city of Bostou, proprietors of a certain wharf, situate
tended ■'loi^hr <^"^ Commercial street, in the northerly part of the city of
line, &,c. Boston, are hereby authorized to extend and maintain their
said wharf into the harbor channel, as far as the line estab-
lished by the act, entitled " An Act concerning the harbor of
Boston," passed on the seventeenth day of March, in the
year one thousand eight hundred and forty, and shall have
the right to lay vessels at the end and sides of said wharf,
Provided, Si,c. and reccivc wharfage and dockage therefor: provided, that
so much of said wharf as may be constructed below low-
water mark shall be built on piles, which piles shall not be
nearer to each other than six feet in the direction of the
stream, and eight feet in a transverse direction, and that
this act shall in no wise affect the legal rights of any persons
whatever. [Approved by the Governor, March 31, 1847.]
ChapUQ.
Persons incor-
porated.
May purchase
road of Granite
Railway Com-
pany.
An Act to incorporate the Quincy Branch Rail-road Company.
BE it enacted by the Senate a?id House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Octavius T. Rogers, George Penniman, Joshua
Emerson, their associates and successors, are hereby made
a corporation, by the name of the Quincy Branch Rail-road
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, and in that part
of the thirty-ninth chapter of said Statutes relating to rail-
road corporations, and in the public statutes which have
been, or may hereafter be passed, relating to such corpora-
tions.
Section 2. Said company is hereby authorized to pur-
chase, from the Granite Railway Company, who are hereby
authorized to sell, at such price as may be mutually agreed
upon, their road or railway, already built, with all the rights
and privileges thereto belonging, and with all the authority
or powers, for extending the same, which have heretofore
been granted by the Legislature; and to hold, use, manage,
and conduct the same, in the manner now provided by law
concerning other rail-roads in this Commonwealths
1847. Chap. 146—148. 397
Section 3. The capital stock of the corporation, hereby Capital stock
created, shall consist of not more than three thousand shares, "ooo^hrreTof
of one hundred dollars each, the number of which shall be gioo.
deterinined, from time to time, by the directors thereof. [Ap-
proved by the Governor, March 31, 1847.J
An Act to set off a part of the Town of Canton, and to annex the same to QJiQn 147,
the Town of Sloughton. -*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
So much of the town of Canton, with the inhabitants
thereon, as lies southeasterly of the following described line,
is set off from said town of Canton and annexed to said
town of Stoughton, to wit: — Beginning at a stone town- Territory set off
bound, dividing Canton and Stoughton, on a public road, ^°^ annexed,
abont twenty rods southerly from the house of Abner Til-
den, in Canton ; thence north sixty-two degrees east, nearly
midway across York Pond, touching a wall between lands
of Jeremiah Tucker and James Tucker, crossing Taunton
turnpike, so called, near a mile-stone, to a point in the
boundary line between Canton and Randolph, between
High street and West street, in said Randolph, being dis-
tant from the first-mentioned bound one mile three quarters
and thirty-two rods: provided, 1 low ever, that the inhabit- Collection of
ants and land thus set off, shall be holden to pay all taxes taxes heretofore
heretofore assessed, in the same manner as if this act had
not been passed : and provided, further, that if any persons Provision for
who have gained a legal settlement in Canton, by residence -'"ppo^ of pau-
on said territory or by having been proprietors of any part ^^'^^'
thereof, or who may derive such settlement from any such
resident or proprietor, shall stand in need of relief or support
as paupers, they shall be relieved and supported by said
town of Stoughton, in the same manner as if they had
gained a legal settlement in that town. {Approved by the
Governor, March 31, IS 47.]
An Act giving further Time to the President, Directors, and Company, of the y~^i 1 ; o
Banli of Norfollv, to close their concerns. CilCLp 14o.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by ilie authority of
the same, as follows :
The president, directors, and company, of the bank of incorporation
Norfolk, are hereby continued a body corporate, for the pe- continued to
riod of one year from the twenty-fourth day of April, in ■'^P''' ^"^^ ^^*^-
the year one thousand eight hundred and forty-seven, 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. [Ajjproved by the Governor,
March 31, 1847.]
51
398 1847. Chap. 149—150.
Chan 149 -^" ^^'^ '° incorporate the Coasters' Mutual 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 :
Persons incor- SECTION 1. William H. Foster, Richard W. Shapleigh,
poraieci to in- Joseph P. ElHcott, their associates and successors, are here-
sure marine , ^ - ' . i ^i c ^^ n ^ t
risks in Boston by made a Corporation, by the name ot the Coasters
forio years,on ]y[y^^^l Marine Insurancc Company, to be established in
the mutual prin- , . ^ i-. , i- ^\ c i •
cipie. the city of Boston, lor the purpose of making maritime
loans, and insurance against maritime losses, on the princi-
ple 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 Revised
Statutes, so far as the same are applicable to the corpora-
tion hereby created, to continue for the term of ten years.
Policies not to SECTION 2. No policy shall be issued until the sum of
be issued lUi, gf^y thousaud dollars shall have been subscribed, and no
den'ds to be division of any funds or profits shall be made to the sub-
made till, &c. scribers, or stockholders, until the expiration of their char-
ter; but such funds, or profits, shall be invested in such
securities and stocks as are required by law, of insurance
companies now incorporated.
Real estate not Sectton 3. Said Corporation may hold real estate to the
;jio,ooo, and amount of ten thousand dollars, and personal estate to the
personal ^3000. amouut of fivc thousaud dollars, for the use thereof.
Not to insure SECTION 4. Said corporation shall be restricted to an
umn!&x!^' *^' amount not exceeding five thousand dollars on any one
risk, until its funds, or invested capital, shall reach the sum
of one hundred thousand dollars. \^Approved by the Gov-
ernor, Aj)ril 1, 1847.]
ChCLD 150. ^^ •^''^ relating to Pilotage in the Harbor of Provincetown.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Vessels may SECTION 1. Pcrsous navigating vessels into or out of the
p"ro^vinc^town^ liarbor of Provincetown, if they so elect, may do so with-
wiihout a pilot, out being obliged to take a pilot, or being subject to a
charge for pilotage.
Rates of pilot- SECTION 2. Whenever the services of a pilot are required,
^s®- he shall be entitled to receive the following rates of pilot-
age, to wit : — From any point east of a line drawn north
from the light-house on Race Point, one dollar and fifty
cents per foot; and from any point to the west or south of
said line, seventy-five cents per foot inward, and on all ves-
sels outward, fifty cents per foot, which rates are to be paid
in proportion for every half foot of water, and no allow-
ance to be made for any draught of water less than half a
foot.
1847. Chap. 150—153. 399
Section 3. All acts, or parts of acts, inconsistent with Repeal of in-
this act, are hereby repealed. [Approved by the Governor^ consistent pro-
Aj>ril 1, 1847.] '""°°'-
Au Act authorizinsi the President, Directors, and Company, of the Lancaster nhriv) 1 f^l
"Bank, to increase their Capital Stock. ^nu^ i.ji.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as folloxos :
Sectiox 1. The president, directors, and company, of Capital stock
the Lancaster Bank, in Lancaster, are hereby authorized ^^L^l 25^000^"
to increase their present capital stock, by an addition there- in shares of
to, of twenty-five thousand dollars, in shares of one hun- ^100, &c.
dred dollars each, which shall be paid in such instalments
as the president and directors of said bank may determine :
jv'ovided, the whole amount shall be paid in, on or before Provided, &,c.
the first Monday in October next.
Section 2. The additional stock aforesaid, when paid Liabilities of
into said bank, shall be subject to the like tax, regulations, [^J^^^*^'^ «=^P'"
restrictions, and provisions, to which the present capital
stock of said corporation is now subject.
Sections. Before said corporation shall proceed to do Certificate, &c.
business upon said additional capital, a certificate, signed }° ^,^Jgg"J""g^.'^
by the president and directors, and attested by the cashier, tary.
under oath, that the same has been actually paid into said
bank, shall be returned into the oflice of the secretary of
the Conmion wealth. [App?'oved by the Governor, April 1,
1847.]
An Act in addition to an Act to establish the City of New Bedford. ChctJ) 152.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Nothing contained in the act entitled "An Votes for coun-
Act to establish the City of New Bedford," shall be so con- 'Z^^'ZTtlT
■m era OIJ allllUal
strued as to prevent the votes of the inhabitants of New town-meeting
Bedford, in the county of Bristol, which shall be cast for ^''^y^obere-
.. •' „ -n/ri f t -1 ■ 1 ceived, counted,
county commissioners on the first Monday ot April, in the and accepted,
year eighteen hundred and forty-seven, from being received,
counted, and accepted, in the same manner as if said act
had not been passed.
Section 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 2, 1847.] ^^'^'=*-
An Act relating to Interest on certain Judgments. CflGp 153.
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 judgments for the payment of money, hereafter ren- interest to be
dered, shall bear interest from the day of the rendition of the ^ay of rendition
same, and any executions, issuing on such judgment, shall of judgment.
400 1847 Chap. 153—156.
Form of execu- express the day on which said judgment was rendered, and
cepfs ^&c'"^^' ^^^® precept thereof sliall command the officers, to whom it
may be directed, to satisfy the same in full, with interest
thereon, from the said date, [Approved by the Governor^
April 7, 1847.]
f^hnn 1 ^141 ^"^ '^^'^ *° incorporate the VVilbraham Steam Mill Company.
BE it enacted by the Se?iate and House of Represetita-
tives, in General Court assembled, and by the authority of
the same y as follows :
Persons incor- SECTION 1. Moses Haucock, Jamcs M. Bruner, John
porated, Bowers, their associates and successors, are hereby made a
corporation, by the name of the Wilbraham Steam Mill
to saw and Company, for the purpose of sawing and manufacturing
lumber "^'"rmd hmibcr, grinding grain and plaster, and furnishing steam
grain and pias- power for manufacturing and meclianical purposes, in the
ter, and furnish town of Wilbraham, county of Hampden, with all the pow-
steam power, in , . ., ' , ■'. hit- • ■
Wilbraham. crs and privileges, and subject to all the duties, restrictions,
and liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Estate not to SECTION 2. Said Corporation may hold real and personal
exceed ^10,000. estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount ten thousand dollars. [Apjiroved
by the Governor, April 7, 1847.]
Chci'D 155. ■^'^ ^^^ ^^ incorporate the Westminster Steam Mill Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by tJie authority of
the same, as folloiDS :
Persons incor- SECTION 1. Johu White, Willard Allen, Joseph Whitman,
porated, their associatcs and successors, are hereby made a corpora-
tion, by the name of the Westminster Steam Mill Company,
to saw and for the purposc of sawing and manufacturing lumber, grind-
manufacture ing grain and plaster, and furnishing steam power for
lumber, grind ^ f . • j i • 1 • ^1 ^ e
grain and pias- manutacturing and mechanical purposes, m the town of
ter, and furnish Westminster, county of Worcester, with all the powers and
WestnTinster!*" privileges, and subject to all the duties, restrictions, and
liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Estate not to SECTION 2. Said Corporation may hold real and personal
exceed ^25,000. ggtate, necessary and convenient for the purposes aforesaid,
not exceeding in amount twenty-five thousand dollars.
\A2)proved by the Governor, April 7, 1847.]
Chnn 156 ^^ "^^"^ ^° incorporate the Ashby Steam Manufacturing Company.
BE it enacted by the Se?iate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Cushing Burr, Stephen Wyman, Jr., Hosea
porated, Kendall, their associates and successors, are hereby made a
1847. Chap. 156—158. 401
corporation, by the name of the Ash by Steam Manufacturing
Company, for the purpose of manufacturing cotton goods, in to manufacture
the town of Ashby, county of Middlesex, with all the pow- S^..^""''' '"
ers and privileges, and subject to all the duties, restrictions,
and liabilities, set forth in tlie thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purpose aforesaid, ^^[^yggg
not exceeding in amount one hundred thousand dollars.
[Approved by the Governor, April 7, 1847.]
An Act to establish the Lancaster Academy. C/lClV 157.
BE a enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Henry Swift. John G. Thurston, and Ezra Persons incor-
~ , . ■: , ' 1 1 1 T porated in Lan-
Sawyer, their associates and successors, are hereby made a caster,
corporation, by the name of the Lancaster Academy, to be
established in the town of Lancaster, and county of Wor-
cester, 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.
Section 2. Said corporation may hold real and personal ^^'^'^"°V'?n^
1 exceed % o (JOU
estate, to an amount not exceeding twenty-five thousand to be dev^oted, '
dollars, to be devoted exclusively to the purposes of cduca- «^c.
tion. [Approved by th,e Governor, April 7, 1S47J
An Act to incorporate the Hubbardston Steam Power CompanJ^ ChoV 158.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as foliates :
Section 1. Ethan A. Greenwood, Henry Clemencc, Persons incor-
William B. Goodnow, their associates and successors, are P"'"^^^ >
hereby made a corporation, by the name of the Hubbardston
Steam Power Company, for the purpose of sawing and to saw and
manufacturino; lumber, srindina; erain and plaster, and fur- manufacture
, . ° ' ~~ " y . 1 I • 1 lumber, grind
nishing steam power tor manufacturing and mechanical gram and pias-
Durposes. in the town of Hubbardston, county of V-/orcester, ter, and fumish
■T r ' . ' 1 • ^ X 11 .1 steam power, m
With all the powers and privileges, and subject to all the Hubbardston.
duties, restrictions, and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purposes aforesaid, s'xceed ^50,ooo.
not exceeding in amount fifty thousand dollars. [Ajjj^-oved
by the Governor, April 7, 1847.J
402 1847. Chap. 159-.161.
ChcLB 159 -^^ ^^'^ ^'^ ^^'^^ ^^^ Time of holding the Annual Meeting of the Proprietors
■t ' of the Church in Brattle Square.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
Annual meeting- The annual meeting of the proprietors of the church in.
to be he'd on Brattle Square, in Boston, shall be on the third Monday in
day iil'^March" March, instead of the second Monday in July : jjrovlded
Provided &c. the Said proprietors, at their annual meeting next to be
holden on the second Monday in July, shall adopt this act
as an amendment of their act of incorporation. [Aj^proved
by the Governor, April 7, 1847.]
r^/;/7r) IfiO "^'^ -^^"^ ^^ addition to "An Act to provide for the Government and Manage-
Jr ^^^' ment of Houses of Correction, in certain cases."
BE it ejiacted by the Senate and House of Representa-
tives, bi General Court assembled, and by the authority of
the same, as follows :
Provisions of SECTION 1. The provisious of the third section of an act,
actof Feb. 4, entitled " An Act to provide for the Government and Man-
tended to allow- agement of Houses of Correction, in certain cases," passed
ancestokeep- on the fourth day of February, in the year one thousand
when united eight liuudred and forty-six, shall extend as well to allow-
withhou-esof auces to kccpcrs of jails, as to allowances to keepers of
correcuon. houses of correctiou, in all cases where jails and houses of
correction are, or shall be, united in one and the same
building, or establishment, provided for in the first section
of said act.
When to take SectioxN 2. This act shall take effect from and after its
^'^'^*"" passage. [Approved by the Governor, April 7, 1847.]
Chfin 161 "^^ ^^^ authorizing Philip M. Tew and others to plant Oysters in Assonet
BE it eiiacted by the Senate and Hovse of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
May plant, Sectio.v 1. Philip M. Tcw, Hathaway W. Tew, Thomas
grow, and dig J Tcw, Georgc Pcirce, and Joseph Dean, of Berkley, in
oysters in Berk- , ' r i-« • i i • i • ' i • .1
ley. the county ot Bristol, their heirs and assigns, are hereby
authorized to plant, grow, and dig oysters on the flats, and
in the waters of Assonet River, a branch of Taunton Great
River, in front and easterly of land of said Philip M.,
Hathaway W., and Thomas J. Tew, and said Peirce and
Dean, in the town of Berkley, from high-water mark to
the line of the town of Freetown ; said land extending
from the southerly line of land of George Peirce, northerly
to a point in line of the north side of a building owned by
Thomas J. Tew, near high- water mark.
Penalty for SECTION 2. Said Philip M., Hathaway W., and Thomas
u!^"'<tf'wifhin ^' '^^^^' Gieorge Peirce, and Joseph Dean, their heirs and
so'years, with- assigus, shall have the exclusive use of said waters and
1847. Chap. 161—162. 403
flats, from high- water mark to the line of the town of Free- out permission
town, for the purpose of planting, growing, and digging ^^^^"*'^^^'
oysters, for the term of twenty years. And if any person
shall, within said limits, dig, or otherwise take any oysters
during said term, without license from the above-named
persons, their heirs or assigns, he shall forfeit and pay a
fine not exceeding twenty dollars for each otfence, to be
recovered by said Philip M., Hathaway W., and Thomas
J. Tew, George Peirce, and Joseph Dean, their heirs, or
assigns, in any court proper to try the same.
Sections. Nothing in this act shall be so construed as Rights of own-
to infringe upon the rights of any owner of land on which ers ofiand jiot
said oysters are planted by said Philip M. Tew, Hathaway upon.'""""
W. Tew, Thomas J. Tew, George Peirce, and Joseph Dean,
their heirs or assigns. [Approved by the Governor. April 7,
1847.]
An Act to incorporate the Duxbury Branch Rail-road Company. ChrtT) 1 f)2
BJS it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Section 1. Josiah Moore, Samuel Stetson, Samuel Persons incor-
Knowles, their associates and successors, are hereby made pora'ed.
a corporation, by the name of the Duxbury 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 the Revised
Statutes relating to rail-road corporations, and the public
statutes which have been or may be passed, relating to
such corporations.
Section 2. Said company is hereby authorized to con- Location of the
struct and maintain a rail-road extending from some point ''°^'^-
between the house of Solomon Washburn and Andrew
Stetson's shop, in Duxbury, to the westward of the dwell-
ing-house of George P. Richardson, to some convenient
point of intersection with the Old Colony Rail-road in
Kingston.
Section 3. The capital stock of said rail-road company Capital stock
shall not exceed one hundred thousand dollars, and shall be "?onooo'^^^'*
divided into shares of one hundred dollars each, and no siiaresof ';gioo.
assessment shall be laid, exceeding in the whole one hun-
dred dollars on each share; and said corporation may in-
vest and hold such part thereof in real estate as may be
necessary and convenient for the purposes of their incor-
poration.
Section 4 If the location of said rail-road shall not be Time for loca-
filed within one year, and said rail-road be not constructed tionandcom-
within four years, from the passage of this act, then the ^
same shall be void.
404
1847.-
•Chap. 162—163.
May unite with
Old Colony
Rail-road.
The Legislature
may auihorize
its use by any
other company.
May transfer
property, &c.
to the Old Colo-
ny Rail-road
Corporation.
When to take
effect.
Chap 163.
May enter upon
and use the
Worcester and
Nashua, and
Peterborough
and Shirley
Rail-roads,
and alter loca-
tion of road.
Provided, «fcc.
May construct
a branch.
Provided, &c.
When to take
effec t.
Section 5. Said Duxbury Branch Rail-road Company
may also enter upon and unite their rail-road, by proper
turnouts and switches, with the Old Colony Rail-road,
at the point of intersection aforesaid, and use the same,
or any part thereof.
Section 6. The Legislature may authorize any Com-
pany to enter with another rail-road upon and use the said
Duxbury Branch Rail-road, or any part thereof, by com-
plying with such reasonable rules and regulations as the
said Duxbury Branch Rail-road Company may prescribe,
or as maybe determined according to the provisions of law.
Section 7. The corporation hereby established is author-
ized to transfer all its property, rights, privileges, and fran-
chise, under this charter, to the Old Colony Rail-road Cor-
poration, or its successors, whenever the said last-named
corporation, or its successors, shall elect to receive and hold
the same, in such manner and upon such terms as shall be
mutually agreed upon. And, upon such transfer, said Old
Colony Rail-road Corporation shall enjoy and be invested
with all the powers, privileges, and franchise, hereby grant-
ed, and shall be subject to all the restrictions and liabilities
hereby imposed.
Section 8. This act shall take effect from and after its
passage. [App7'oved hij the Governor^ April 7, 1847.]
An Act in addition to " An Act to establish the Stony Brook Rail-road
Corporation."
BE it enacted by the Seriate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the sa?Jie, as follows :
Section 1. The Stony Brook Rail-road Corporation are
hereby authorized to enter with their rail-road, by proper
turnouts and switches, upon the Worcester and Nashua,
and upon the Peterborough and Shirley Rail-roads, in the
southerly part of the town of Groton, and use the same, or
any part thereof, according to the provisions of law.
Section 2. Said corporation may alter the location of
their road, keeping within the limits of their act of incor-
poration : provided, such altered location be filed with the
county commissioners, for the county of Middlesex, on or
before the first day of June, in the year one thousand eight
hundred and forty-eight.
Section 3. Said corporation may construct a branch
rail-road, with one or more tracks, from their road in the
town of Westford to the granite quarry in Snake Meadow
Hill, so called, in said Westford : provided, the location of
said branch shall be filed with the county commissioners
within three years from the passage of this act.
Section 4. This act shall take effect from and after its
passage. {Approved by the Governor, April 7, 1847.]
1847. Chap. 164—165. 405
An Act to change the Name of the Federal Street Baptist Society in Boston. fJhQn ] QA
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. The Federal Street Baptist Society, in l?os- To be called
ton, incorporated the twenty-first day of February, in the the Rowe street
^i 1 • I . ■^ 1 1 11- r •^1111 Baptist Society.
year one thousand eight hundred and thirty-iour, shall be
known and called by the name of the Rowe Street Baptist
Society, and as such shall hold and possess all the property,
and be entitled to all the rights and privileges, and subject
to all the liabilities of said Federal Street Baptist Society.
Section 2. This act shall take effect from and after its When to take
passage. [Ajyproved by the Governor, April 7, 1847.] ^^^*^*-
An Act to establish the State Reform School, ChctT} 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 :
Section 1. There shall be established, in the town of School for ju-
Westborough, in the county of Worcester, on the land con- hTwestbo" ^"
veyed to the Commonwealth for the purpose, a school, for ough-
the instruction, employment, and reformation, of juvenile
offenders, to be called the State Reform School ; and the
government of said school shall be vested in a board of sev- Government
en trustees, to be appointed and commissioned by the Gov- thereof,
ernor, by and with the advice of the council.
Section 2. It shall be the duty of said board of trustees. Duties of Trus-
to take charge of the general interests of the institution; to '^^^•
see that its affairs are conducted in accordance with the re-
quirements of the Legislature, and of such by-laws as the
board may, from time to time, adopt, for the orderly and
economical management of its concerns ; to see that strict
discipline is maintained therein ; to provide employment for
the inmates, and bind them out, discharge, or remand them,
as is hereinafter provided ; to appoint a superintendent, a
steward, a teacher or teachers, and such other officers as,
in their judgment, the wants of the institution may require;
to prescribe the duties of the superintendent and other offi-
cers; to exercise a vigilant supervision over the institution,
its officers, and inmates ; to remove such officers at pleas-
ure, and appoint others in their stead ; and to determine
the salaries to be paid to the officers, respectively, — subject,
in all cases, to the approval of the governor and council.
The trustees shall also prepare, and submit to the inspection
of the governor and council, a code of by-laws, which shall By-laws,
not be valid until sanctioned by them. The by-laws may,
subsequently, be enlarged or amended, by the assent of five
members of the board of trustees, at any legal meeting of
said board, and not otherwise ; but no alteration shall be
52
406
1847.-
■Chap. 165.
Governor to is-
sue proclama-
tion Eis soon as,
Male convicts
under sixteen
may be sen-
tenced, &c.
Reform School
convicts to be
kept, &c. till re-
formed and dis-
charged, or
bound out, or
remanded to
prison.
Trustees, &c.
may, in their
discretion, de-
liver said con-
victs to be im-
prisoned.
Period of com-
mitment.
Release from li-
abilities at dis-
charge from
school.
valid until it shall have been approved by the governor and
council.
Section 3. As soon as the governor shall have been noti-
fied, by the commissioners to be appointed under a resolve
"for erecting the State Reform School Buildings," that said
buildings are prepared for occupancy, he shall, forthwith,
issue his proclamation, giving public notice of the fact.
Section 4. After proclamation shall have been made, as
provided in the third section of this act, when any boy, un-
der the age of sixteen years, shall be convicted of any
offence, known to the laws of this Commonwealth, and
punishable by imprisonment, other than such as may be
punished by imprisonment for life, the court, or justice, as
the case may be, before whom such conviction shall be had,
may, at their discretion, sentence such boy to the State Re-
form School, or to such punishment as is now provided by
law for the same offence. And if the sentence shall be to
the Reform School, then it shall be in the alternative, to the
State Reform School, or to such punishment as would have
been awarded if this act had not been passed.
Section 5. Any boy, so convicted and sent to said school,
shall there be kept, disciplined, instructed, employed, and
governed, under the direction of said board of trustees, until
he shall be either reformed and discharged, or shall be
bound out by said trustees, according to their by-laws, or
shall be remanded to prison, under the sentence of the court,
as incorrigible, upon information of the trustees, as herein-
after provided
Section 6. If any boy shall, upon any conviction, be
sentenced to said school, and the trustees, or any two of
them in the absence of the others, shall deem it inexpedient
to receive him, or if he shall be found incorrigible, or his
continuance in the school shall be deemed prejudicial to the
management and discipline thereof, they shall certify the same
upon the mittimus by virtue of which he is held, which mitti-
mus, together with the boy, shall be delivered to the sheriff of
any county or his deputy, or to the constable of any town,
who shall, forthwith, commit said boy to the jail, house of
correction, or state prison, as the case may be, in pursuance
of the alternative sentence provided for in the preceding
section of this act.
Section 7. All commitments, to this institution, of boys,
of whatever age when committed, shall be for a term not
longer than during their minority, nor less than one year,
unless sooner discharged by order of the trustees, as herein-
before provided ; and whenever any boy shall be discharged
therefrom, by the expiration of his term of commitment, or
as reformed, or as having- arrived at the age of twenty-one
years, such discharge shall be a full and complete release
1847. Chap. 165. 407
from all penalties and disabilities which may have been cre-
ated by such sentence.
Section 8. The trustees of this school shall have power Bindingoutto
to bind out all boys committed to their charge, for any term *pp^®"^'^^* 'P-
of time during the period for which they shall have been
committed, as apprentices or servants, to any inhabitants of
this Commonwealth ; and the said trustees, and master or
mistress, apprentice or servant, shall, respectively, have all
the rights and privileges, and be subject to all the duties, set
forth in the eightieth chapter of the Revised Statutes, in the
same manner as if said binding or apprenticing were made
by overseers of the poor.
Section 9. The trustees shall cause the boys under their Course and pur-
charge to be instructed in piety and morality, and in such {^°n\°d'5j^scr'
branches of useful knowledge as shall be adapted to their piine.
age and capacity ; they shall also be instructed in some reg-
ular course of labor, either mechanical, manufacturing,
agricultural, or horticultural, or a combination of these, as
shall be best suited to their age and strength, disposition and
capacitj''; also such other arts and trades, as may seem to
them best adapted to secure the reformation, amendment,
and future benefit, of the boys ; and, in binding out the in-
mates, the trustees shall have scrupulous regard to the reli-
gious and moral character of those to whom they are to be
bound, to the end that they may secure to the boys the ben-
efit of a good example, and wholesome instruction, and the
sure means of improvement in virtue and knowledge, and,
thus, the opportunity of becoming intelligent, moral, useful,
and happy citizens of this Commonwealth.
Section 10. The superintendent, with such subordinate Duties of the
officers as the trustees shall appoint, shall have the charge superintendent
1 ^ r ^ ^ tt ^ i hi- ir i and assistants.
and custody ol the boys. He shall himself be a constant
resident at the institution ; and shall discipline, govern, in-
struct, and employ, and use his best endeavors to reform
the inmates, in such manner as, while preserving their
health, will secure the formation, as far as possible, of moral,
religious, and industrious habits, and regular, thorough
progress and improvement in their studies, trades, and vari-
ous employments.
Section 11. The superintendent shall have the charge of
the lands, buildings, furniture, tools, implements, stock, and
provisions, and every other species of property pertaining to
the institution, within the precincts thereof; he shall, before superintendent
he enters upon the duties of his office, give a bond to the to give bond,
Commonwealth, with sureties satisfactory to the governor ^'
and council, in the sum of two thousand dollars, conditioned
that he shall faithfully account for all moneys received by
him as superintendent, and faithfully perform all the duties
incumbent on him as such. He shall keep, in suitable to keep ac-
books, regular and complete accounts of all his receipts and counts, &c.
408 1847. Chap. 165.
expenditures, and of all property entrusted to him. showing
the income and expenses of the institution ; and he shall
account to the treasurer, in such manner as the trustees may
require, for all moneys received by him, from the proceeds
of the farm, or otherwise. His books, and all documents
relating to the school, shall, at all times, be open to the in-
spection of the trustees, who shall, at least once in every
six months, carefully examine the said books and accounts,
and the vouchers and documents connected therewith, and
make a record of the result of such examination. He shall
and a register, keep a register, containing the name and age of each boy,
and the circumstances connected with his early history ; and
he shall add such facts as may come to his knowledge, re-
lating to the subsequent history of said boy, while at the
institution, and after he shall have left it.
Contracts made SECTION 12. All contracts, on accouut of the institution 3
tMdent!"^^""" shall be made by the superintendent in writing, and, when
approved by the trustees, if their by-laws require it, shall
be binding in law, and the superintendent, or his successor,
may sue, or be sued thereon, to final judgment and execu-
tion ; and no such suit shall abate by reason of the office of
superintendent becoming vacant pending such suit, but any
successor of the superintendent may take upon himself the
prosecution or defence thereof, and, upon motion of the ad-
verse party, and notice, he shall be required so to do.
Treasurer to SECTION 13. There shall be a treasurer, to be appointed
give bonds, &c. ^y ^.j^g governor and council, who shall, before he enters
upon the discharge of the duties of his office, give a bond
to the Commonwealth, with sureties satisfactory to the gov-
ernor and council, in the sum of three thousand dollars,
conditioned that he shall faithfully account for all money
received by him as treasurer ; which bond, and also that of
the superintendent, when approved, shall be filed in the
office of the Treasurer and Receiver General.
Trustees to take SECTION 14. The board of trustees shall be appointed
farm^&°c'^ '^^ forthwith, and they shall take charge of the farm in West-
borough which belongs to the Commonwealth, except so
much thereof as shall be needed for the purposes of the
commissioners, for the erection of the buildings. When the
governor shall have made proclamation that the buildings
are ready for occupancy, the school and the buildings shall
be at once in the charge of the trustees,
and to be Chang- When two years shall have expired after the first ap-
e annua y, c. pojj^tjjjgi-^t gf a board of trustees, two trustees shall be ap-
pointed and commissioned annually : and, for this purpose,
the places of the two senior members, as they stand ar-
ranged in their commission, shall be, thereafter, annually
and to serve vacated. No trustee shall receive any compensation for his
gratuitously. services ; but he shall be allowed the amount of expenses
incurred by him in the discharge of the duties of his office.
1847. Chap. 165—167. 409
Section 15. One or more of the trustees shall visit the Visitations,
school at least once in every two weeks, at which time the
boys shall be examined in the school-room and work-shop,
and the register shall be inspected. A record shall be regu-
larly kept, of these visits, in the books of the superin-
tendent.
Once in every three months, the school, in all its depart- Examinations,
ments, shall be thoroughly examined by a majority of the
board of trustees, and a report made, showing the results of
these examinations. Annually, in the month of December, Annual ab-
an abstract of these quarterly reports shall be prepared, pofuof the"
which, together with a full report by the superintendent, same, &c.
shall be laid before the governor and council, for the infor-
mation of the Legislature. The treasurer shall also submit,
at the same time, a financial statement, furnishing an accu-
rate detailed account of the receipts and expenditures, for
the year terminating on the last day of the month of No-
vember next preceding. [Approved by the Governor, April
9, 1847.]
An Act concerning the Powers of Cities and Towns. Chd'D 1 QQ.
BE it enacted by the Senate and Hoiise of Representa-
tives, hi General Court assembled, and by the authority of
the same, as follows :
The mayor and aldermen of any city, and the inhabitants Mayor and ai
■^ •^ ot^rmpn oi cities
of any town, in this Commonwealth, shall have power and [repealed by '
authority to make all by-laws that may be necessarv to phap 262,] and
•' , T •' T T • .^ 1 T ,' 1 • inhabitants of
preserve the peace, good order, and mternal police, ot their towns, may
respective cities and towns; and they may annex suitable ^^"^^ I'y-''*^*.
penalties, not exceeding twenty dollars for any one breach aitie^'not''ex-
thereof, to be recovered by complaint, before any justice of ceeding^20,
the peace for the county, or the police court of any city, in
which the offence may be committed, and to enure to such
uses as the city or town may direct, subject to the provisions
of the thirteenth, fourteenth, and fifteenth sections of the
fifteenth chapter of the Revised Statutes. [Approved by the
Governor, April 9, 1847.]
An Act to incorporate the American Marble Statuary Company. ChciJ) 1 67
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 :
Sectio.v 1. Thomas Blanchard, Josiah L. C. Amee, Man- Persons incor-
lius S. Clarke, their associates and successors, are hereby P"*"^^^^'
made a corporation, by the name of the American Marble
Statuary Company, for the purpose of manufacturing marble, 1° manufacture
wood, shells, minerals, and other substances, into busts, ^,eifs.^m]Iierai's
statuary, and other useful and ornamental forms, in the city &c. into busts,
of Boston, county of Suffolk, with all the powers and priv- Bosi'onf' *^*'""'
ileges, and subject to all the duties, restrictions, and liabili-
410
■Chap. 167—170.
Estate not to
exceed
^100,000.
ChapieS.
Owners or oc-
cupants may
take sand or
gravel from the
beaches, &c.
Provided, &c.
Repeal of in-
consistent pro-
visions.
When to take
effect.
ChaplGd,
Persons incor-
porated,
to erect a
steam mill, &c.
in Tyngsboro'.
May erect a
water mill, in
connection, &c.
Estate not to
exceed ^50,000.
ChapllO.
Returns of par-
titions, &c.
shall remain in
ties, set forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes.
Section 2. Said corporation may hold real and personal
estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount one hundred thousand dollars.
[Approved by the Governor, April 9, 1847.]
All Act in addition to the several Acts in relation to the Beaches in the Town
of Chelsea.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by tJie authority of
the same, as follows :
Section 1. All persons, owning or occupying any of the
beaches in the town of North Chelsea, may take, or permit
to be taken therefrom, any sand or gravel, to be applied to
agricultural purposes, for the use of the inhabitants of said
town : provided, that nothing herein contained shall be so
construed, as to apply to the beaches known as " Long"
and " Short" beaches.
Section 2. All acts and parts of acts, inconsistent with
the provisions of this act, are hereby repealed.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor, Aprils, 1847.]
An Act to incorporate the Granite 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 folloxcs :
Section 1. Nathaniel Brinley, John M. Washburn,
Augustus Peirce, their associates and successors, are hereby
made a corporation, by the name of the Granite Steam Mill
Company, for the purpose of erecting a steam mill, in the
town of Tyngsboro', county of Middlesex, for sawing and
manufacturing lumber, grinding grain and plaster, and fur-
nishing power for manufacturing and mechanical purposes,
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.
Section 2. Said corporation may erect a water mill, in
connection with said steam mill, for the purposes aforesaid.
Section 3. Said corporation may hold real and personal
estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount fifty thousand dollars. [Approved
by the Governor, April 9, 1847.J
An Act concerning Partitions of Real Estate.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. In all cases of partition of real estate, whether
made in the Supreme Judicial Court, Court of Common
1847. Chap. 170—172. 411
Pleas, or Probate Court, the return of the commissioners, ^^^^^^^^ °''
making such partition, shall remain in the office of the certified c'op"es,
clerk of the courts, or in the registry of probate, as the case ^c. be record-
may be; and a copy thereof, certified by the clerk of the deeds'Tc.^"^^ °
courts, if made in the Supreme Judicial Court or Court of
Common Pleas, or by the register of probate, if made in the
Probate Court, shall be recorded in the registry of deeds for
the county where the land lies.
Section 2. All records, in the registry of deeds, of parti- Registries bere-
tions heretofore made, if no other objection exists thereto, be valid ^wheth-
shall be deemed valid and sufficient, whether recorded from er recorded
the original return, or from a copy thereof, certified by the co°^es/!lc.^' °'
clerk or register of the court in which such partition was
made. [Approved by the Governor^ April 9, 1847. j
An Act to incorporate the Quincy Mutual Fire Insurance Company. CJlUT) 171.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
John A. Green, William B. Duggan, and John L. Dim- Persons incor-
mock, their associates and successors, are hereby made a P"""^"^^ '" .
' /J i:iu'ncy, to in-
corporation, by the name of the Quincy Mutual Fire Insur- surefire risks in
ance Company, in Quincy, in the county of Norfolk, for the foftwm!t"-ei^ht
term of twenty-eight years, for the purpose of insuring years, on the
buildings, and all kinds of personal property, within this "'"^"^1 princi-
Common wealth ; with all the powers and privileges, and ^^'
subject to all the duties, restrictions, and liabihties, set forth
in the thirty-seventh and forty-fourth chapters of the Re-
vised Statutes, and all laws subsequently made, so far as
they may be applicable hereto. [Approved by the Governor^
April 12, 1847. j
An Act to incorporate the Town of Monterey. Ohfin 1 72
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. All that part of the town of Tyringham, in PartofTyring-
the county of Berkshire, which lies southerly of a line called ^""^^
the north squadron line of the house lots, commencing in
the east line of said Tyringham, and at the northeast corner
of house lot, number eighty-five, and the southeast coiner of
lot, number two, thence running west forty degrees north,
to the line of Great Barrington, at the liorthwest corner of
lot, number two hundred and thirty-two, and the south-
west corner of lot, number two hundred and thirty-nine, is
hereby incorporated into a separate town, by the name of
Monterey; and the said Monterey is hereby vested with all
the powers, privileges, rights, and immunities, and shall be
subject to all the duties and requisitions, to which other
towns are entitled and subjected by the constitution and
laws of this Commonwealth.
412
1847..
-Chap. 172.
Inhabitants o(
Monterey to
pay taxes to
collector of
town of Tyr-
ingham.
Monterey to
pay proportion
of debts due by
Tyringham,
receive propor-
tion of property,
&c. ;
share of school
fund and sur-
plus revenue.
Provided, &c.
Records to be
retained in Tyr-
ingham and re-
ports divided.
Support ofpau-
pers by respec-
tive towns.
Provisions for
elections of
Slate and
United States
officers.
Arbitration of
questions
arising between
the towns.
Section 2. The inhabitants of Monterey shall be holden
to pay, to the collector of the town of Tyringham, all arrears
of taxes, legally assessed on them in said town of Tyring-
ham before the passage of this act, and also shall be holden
to pay their proportion of State and county taxes, that may
be assessed on them previously to the taking of the next
State valuation ; said proportion to be ascertained and deter-
mined by the town valuation of the town of Tyringham, next
preceding the passage of this act ; and the said town of Monte-
rey shall be holden to pay their proportion of the debts due and
owing from the town of Tyringham, at the time of the pas-
sage of this act, and shall be entitled to receive their propor-
tion of all corporate property, and all assets, now owned by
the last-named town ; and the town of Monterey shall be
entitled to receive its share of the school fund belonging to
the town of Tyringham, together with its share of the sur-
plus revenue, according to the valuation of the town, next
preceding this act : provided, that said Monterey shall refund
said surplus revenue, whenever called for by the government
of the United States. The ancient records and books of the
town of Tyringham, shall be kept in that part of the town,
in which the first settlement began, except the reports,
Avhich shall be divided equally between the said towns.
Section 3. Said towns of Tyringham and Monterey
shall be respectively liable for the support of all persons
who now do, or shall hereafter, stand in need of relief as
paupers, whose settlement was gained by, or derived from,
a settlement gained or derived within their respective limits.
Section 4. Said town of Monterey shall continue to be
a part of the town of Tyringham, for the purpose of electing
a representative to the General Court, State officers, senators,
representative to Congress, and electors of President and
Vice President of the United States, until the next decennial
census shall be taken, in pursuance of the thirteenth article
of amendment of the constitution; and all meetings for the
choice of representative, and other officers aforesaid, shall
be called by the selectmen of Tyringham, and be holden in
the town of Tyringham ; and the selectmen of Monterey
shall make a true list of persons qualified to vote at every
such election, and deliver the same to the selectmen of
Tyringham, seven days at least before any such election,
by whom the same shall be taken and used, in the same
manner as if it had been prepared by themselves.
Section 5. In case said towns should not agree in respect
to a division of town paupers, town property, or town debts,
or State or county taxes, the Court of Common Pleas, for
the county of Berkshire, is hereby authorized to, and shall,
upon petition of either town, appoint three competent and
disinterested persons to hear the parties, and award there-
on ; and any award made by said three persons, or any two
of them, and accepted by the said court, shall be final.
1847. — -Chap. 172—175. 413
Section 6. Any justice of the peace, within and for the Call of meeting
county of Berkshire, is hereby authorized to issue his o°/town*^offic^ers
warrant, directed to any principal inhabitant of said town
of Monterey, requiring him to notify and warn the inhab-
itants thereof, quahfied to vote in town affairs, to meet at
the time and place therein appointed, for the purpose of
choosing all such town officers as towns are, by law, author-
ized and required to choose, at their annual meetings.
Section 7. This act shall take effect from and after its When to take
passage. [Approved by the Governor, Ajyril 12, 1847.] ^^'^*^'*
An Act to incorporate the Machinists' Bank, in Taunton. Chctp 173.
BJEJ it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. William Mason, Willard Lovering, Hezekiah Persons incor-
W. Church, their associates and successors, are hereby made hankers Tn
a corporation, by the name of the President, Directors, and Taunton, tin
Company of the Machinists' Bank, to be located in the town October i,i85i.
of Taunton, in the county of Bristol, and to continue a cor-
poration until the first day of October in the year one thou-
sand eight himdred and fifty-one, with all the powers and
privileges, and subject to all the duties, restrictions, and
liabilities, set forth in the public statutes and laws of the
Commonwealth relating to banks and banking.
Section 2. The stock in said bank shall be transferable stock transfera-
only at its banking house, and in its books. ho^uL, &c.'"^
Section 3. The capital stock of said corporation shall Capital to con-
consist of one hundred thousand dollars, to be divided into h,'*lh'a'^res^of''^^
shares of one hundred dollars each, to be paid in such in-
stalments, and at such times, as the stockholders may direct :
provided the whole be paid in on or before the first Monday Provided, &c.
of April in the year one thousand eight himdred and forty-
eight. [Approved by the Governor, April 12, 1847.]
An Act to change the location of the Fulton Hardware Manufacturing nhnn 1 7A
Company. l^liup H-k.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Fulton Hardware Manufacturing Company is hereby Location may
authorized to change its location, from the town of Woburn, bridge instead""
to the town of West Cambridge, county of Middlesex. [Ap- of wobum-
proved by the Governor, April 12, 1847.]
~7~A '■ TV"; ^~; ~~ Chapllb.
An Act to incorporate the Exchange Bank, ■*
BE it enacted by the Senate and House of Representa-
tives, in General Court assem^bled, and by the authority of
the same, as follows :
Section 1. Solomon R, Spaulding, J. B. Kimball, Alex- Persons incor-
ander Strong, their associates and successors, are hereby bankers fn Bos-
414 1847. Chap. 175—177.
'r^issi °'^*°''" made a corporation, by the name of the President, Directors,
' ■ and Company of the Exchange Bank, to be established in
the city of Boston, and to continue a corporation until the
first day of October in the year one thousand eight hundred
and fifty-one ; and shall be entitled to all the powers and
privileges, and be subject to all the duties, restrictions, and
liabilities, set forth in the public statutes of this Common-
wealth relative to banks and banking.
Stock transfera- SECTION 2. The stock of Said bank shall be transferable
house, &c.'"° oJ^ly s-t its banking house, and in its books.
Capital to con- SECTION 3. The Capital stock of said corporation shall
bthare/ofVioo consist of five hundred thousand dollars, to be divided into
shares of one hundred dollars each, to be paid in such instal-
ments, and at such times, as the stockholders may direct,
provided the whole be paid in on or before the first day of
April in the year one thousand eight hundred and forty-
eight. [Approved by the Governor^ April 12, 1847.]
Phnn 1 7fi '^''^ '^^^ ^° incorporate the Lake Rock Granite Company.
•* ' BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. Nathaniel Adams, George Spinney, Charles
porated, Spinney, their associates and successors, are hereby made a
corporation, by the name of the Lake Rock Granite Com-
to quarry, ham- pany, for the purpose of quarrying, hammering, and cutting
mer, andcut granite stonc, in the towns of Lynnfield and Danvers,
£d\nd^C county of Essex, with all the powers and privileges, and
vers. subject to all the duties, restrictions, and liabilities, set forth
in the thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Real estate not SECTION 2. Said Corporation may, for the purposes afore-
to exceed said, hold real estate, not exceeding in value fifty thousand
Mpiiai stock dollars, and the whole capital stock shall not exceed one
^100,000. hundred thousand dollars. [Approved by the Governor,
April 12, 1847.]
Ch(tp\n» -^^ -^^"^ '° incorporate the St. Blary's Male Orphan Asylum.
BJE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the sam,e, as follows :
Persons incor- SECTION 1. Daniel B. Measures, Jeremiah Kelly, and
porated. Thomas Mooney, their associates and successors, are hereby
made a corporation, by the name of the St. Mary's Male
Orphan Asylum, for the purpose of maintaining destitute
male orphans, with all the powers and privileges, and sub-
ject to all the liabilities, restrictions, and requirements, set
forth in the forty-fourth chapter of the Revised Statutes.
Estate not to SECTION 2. Said corporation may take and hold real and
exceed pOjOOO. personal estate, for the purpose aforesaid, to an amount not
exceeding fifty thousand dollars. [Approved by the Govern-
or, April 13, 1847.J
1847. Chap. 178. 415
An Act to incorporate the Providence, "Warren, and Fall River Rail-voad Chat) 1 78.
Company. *
BE it enacted by the Senate and Hotise of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follow s :
Section 1. Andrew Robeson, Jr., William C. Chapin, Persons incor-
and Johnson Gardner, their associates and successors, are Pirated,
hereby made a corporation, by the name of the Providence,
Warren, and Fall River Rail-road Company, with all the
powers and privileges, and subject to all the duties, liabili-
ties, and restrictions, set forth in the forty-fourth chapter of
the Revised Statutes, and in that part of the thirty-ninth
chapter of said statutes relating to rail-road corporations,
and in all other general laws which have been and shall be
hereafter passed relative to rail-road corporations.
Section 2. Said company is empowered to locate, con- Location of the
struct, and maintain a rail-road, with one or more tracks, ^°^'^'
from the westerly side of Taunton River, opposite the com-
pact part of the town of Fall River, in the town of Somer-
set and county of Bristol ; thence running northwesterly,
crossing the "Narrows" at Lee's River; thence to Cole's
River, crossing the same at the southwesterly end of Long
Point ; and thence to the line of the State of Rhode Island
near Barnaby's Corner, in the town of Warren; and then
again commencing at the line of the State of Rhode Island,
in the town of Seekonk, in said county, near the residence
of Christopher Smith; and thence running northerly through
said town of Seekonk to the line of the State of Rhode
Island, at the city of Providence; and said company may
also locate, establish, and maintain a steam-ferry from the
terminus of said rail-road, on the westerly side of Taunton
River, across said river, to the town of Fall River.
Section 3. The capital stock of said company shall con- Capital stock
sist of not more than three thousand and five hundred 35ooshares1)f
shares, the number of which shall be determined, from ;g'ioo.
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 said company
may take, purchase, and hold such real estate, and may j^gy hold real
purchase, build, and hold such engines, cars, ferry-boats, estate, &c.
and other things, and build such wharves, as may be neces-
sary for the use of said rail-road and ferry, and for the
transportation of passengers, goods, and merchandise.
Section 4. Said company may also enter upon and unite May unite with
their rail-road, by proper turnouts and switches, with the ^e Boston and
Boston and Providence Rail-road, near the city of Provi- Rail-road,
dence, and use said rail-road, or any part thereof, according
to the provisions of law.
Section 5. If the location of said rail-road shall not be Time for loca-
filed within one year, or said rail-road shall not be con- pfeUontrroad.
416
1847.-
-Chap. 178.
The Legislature
may auihorize
its use by any
other company.
The Legisla-
tuie may reduce
tolls and profits
after five years.
Provided, &.c.
May unite with
the Providence,
Warren, and
Fall River Rail-
road Company.
One officer of
the corporation,
alter such union,
must be an in-
habitant of Mas-
sachusetts.
Company to
keep separate
accounts ; com-
missioners to
decide concern-
ing expendi-
tures and to ap-
prove of annual
report.
Liabilities of
the corporation
in Massachu-
setts.
structed within four years, from the passage of this act,
then the same shall be void.
Section 6. The Legislature may authorize any company
to enter with another rail-road upon, and use, the said
Providence, Warren, and Fall River Rail-road, or any part
thereof, by complying with such reasonable rules and regu-
lations as the said Providence, Warren, and P^all River
Rail-road Company may prescribe, or as may be determined
according to the provisions of law.
Section 7. The Legislature may, from time to time, re-
duce the rate of tolls and other profits upon said road,
after the expiration of five years from the time when said
rail-road shall be opened for use : provided, hotvever^ that
the said tolls or profits shall not, without the consent of
said company, be so reduced as to produce less than ten
per cent, per annum upon the investment of said company.
Section 8. Said company is hereby authorized to unite
with the Providence, Warren, and Fall River Rail-road
Company, incorporated by the State of Rhode Island, to
build a rail-road within the State of Rhode Island, between
the two pieces of rail-road hereby authorized to be con-
structed ; and when the two companies shall have so united,
the stockholders of the one company shall become stock-
holders of the other company ; and the two companies
shall constitute one corporation, by the name of the Provi-
dence, Warren, and Fall River Rail-road Company ; and
the franchise, property, and power, acquired under the au-
thorities of the said States, respectively, shall be held and
enjoyed by all the stockholders, in proportion to the num-
ber of shares, or amount of property, held by them, respec-
tively, in either or both of said corporations.
Section 9. One or more of the directors, or other oflicers,
of said united corporations, shall, at all times, be an inhabit-
ant of this Commonwealth, on whom process against said
company may be legally served ; and said company shall
be held to answer in the jurisdiction where the service is
made and the process is returnable.
Section 10. Said company shall keep separate accounts
of their expenditures in Massachusetts and Rhode Island,
respectively ; and two commissioners shall be appointed,
one by the governor of each of said States, to hold their
oflices for the term of four years, and to be reasonably
compensated by said company, who shall decide what por-
tion of all expenditures of said company, and of its receipts
and profits, properly pertain to that part of the road lying
in said States, respectively; and the annual report required
to be made to the Legislature of this Commonwealth shall
be approved by said commissioners.
Section 1L Said company, and the stockholders therein,
so far as their road is situated in Massachusetts, shall be
1847. Chap. 178—180. 417
subject to all the duties and liabilities created by the provi-
sions of the laws of this Commonwealth, to the same ex-
tent as they would have been if no union of said companies
had taken place.
Section 12. The provisions contained in the four pre- When pi-ovi-
ceding sections, and all the provisions of this act which h,g"a unmnTre
contemplate a union of said companies, shall not take effect to take effect,
until they shall have been accepted by the stockholders of
said two corporations, respectively, at legal meetings called
for that purpose. [Appi^oved by the Governor^ April 13,
1847.]
An Act authorizing the construction of a Bridge across Neponset River.jj QhctD 179.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the satne, as follows :
Section 1. The county commissioners of the county of Location of
Norfolk are hereby authorized to alter the location of the " ^^'
existing bridge over Neponset River, at Milton Mills Village,
and to construct a new bridge below the present one, not
exceeding sixty feet easterly of the terminus thereof, on the
southerly side of said river, and on the northerly side of
said river, easterly to the southwest corner of the dwelling-
house owned by John Preston, if, in their judgment, the
public necessity or convenience require such alteration and
construction, according to the provisions of the twenty-
fourth chapter of the Revised Statutes.
Section 2. Said commissioners are authorized to discon- Present bridge
tinue the present bridge at said mills, if, after the alteration |,°jj^f deTmed'
above mentioned, they shall judge the same to be expedient, expedient.
[Approved by the Governor, April 13, 1847.]
An Act to incorporate the Charlestown Lead Company. C/lOp 1 80.
BE it enacted by the Senate and Hovse of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Section 1. William B. Sawyer, Francis Curtis, Nathan- Persons incor-
iel Jenkins, their associates and successors, are hereby made P°'^^^e'*»
a corporation, by the name of the Charlestown Lead Com-
pany, for the purpose of manufacturing lead in its various to manufacture
forms in the city of Charlestown, county of Middlesex,
with all the powers and privileges, and subject to all the
duties, restrictions, and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may, for the purpose afore- Real estate not
said, hold real estate not exceeding in value twenty-five ^^25^000, and
thousand dollars, and the whole capital stock shall not ex- capital stock
ceed seventy-five thousand dollars. [AjJjiroved by the Gov- * '
ernor, April 13, 1847.]
lead in Charles-
town.
418 1847. Chap. 181—182.
Chdt) 181. -^" ^^"^ relating to Rail-road Land Damages.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
Juries may be SECTION 1. The time within which a party may apply
applied for ^ iuFV, Dursuatit to the fifty-seventh section of the thir-
wiiliin a year _ J .' ' r /- , n ■ i . • . i
after compie- ty-nmth chapter oi tlie Kevised Statutes, is hereby extend-
tion and return g^ g^ ^]^^^ g^(,[^ apphcation may be made at any time
ol commission- .'. r i ■ ci •
ers' estimates. Within one year alter the estimate ol the county commis-
sioners shall be completed and returned.
Proceedings for SECTION 2. If any party shall have made application to
damages °(4c ^^^ couuty Commissioners, for the assessment of damages
may be renewed agaiust any rail-road corporation, v/ithin the time limited
rfter'ab^'tenien^'^ ^Y ^^^^ thcrcfor, or shall havc been summoned in and made
reversal, &c. 'a party to any application for a jury to assess damages
against such corporation made by any other person, or shall
have petitioned for a jury to assess such damages, and such
application, or petition, or coming in to become a party to
such other petition, or the proceedings thereupon, shall be
quashed or abated, or otherwise avoided or defeated, for
any inaccuracy, irregularity, or matter of form ; or if, after
a verdict for such applicant or petitioner, or other party, as
aforesaid, the judgment shall be arrested or reversed on a
writ of error, or the proceedings quashed on certiorari, such
applicant, petitioner, or other party, may commence pro-
ceedings anew, for the recovery of damages, at any time
within one year from the abatement, reversal, or other de-
termination, of such petition, application, or proceedings.
[Approved by the Governor, April 13, 1847.]
Chctp 1 82. -^^ ■^'^'^ concerning the Eastern Rail-road Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Arrangements SECTION 1. The Eastem Rail-road Company are hereby
whh cheTsea^ authorized to make such arrangements with the Chelsea
Branch Rail- Brauch Rail-road Company as shall be mutually agreed
road Company, ^jpQ,-j ^^y gg^j^j companies, for the construction, use, and
maintenance of one or more rail-road tracks within the
chartered routes of said Chelsea Branch Rail-road Com-
pany, for the exclusive use of said Eastern Rail-road Com-
Provided, Si.c. pauy : providcd, that the authority hereby granted be exer-
cised subject to the same provisions that are contained in
" An Act to incorporate the Chelsea Branch Rail-road
Company," passed April the tenth, in the year one thou-
sand eight hundred and forty-six, and in "An Act con-
cerning the Chelsea Branch Rail-road Company," passed
February the twenty-third, in the year one thousand eight
hundred and forty-seven.
1847. Chap. 182—184. 419
Section 2. Said Eastern Rail-road Company are hereby Eastern Com-
authorized, with the consent of the Chelsea Branch Rail- SS^s"'"
road Company, to snbscribe, hold, and dispose of, such &c. '
number of shares in the capital stock of said Chelsea
Branch Rail-road Company, as said Eastern Rail-road
Company may deem for their interest, not exceeding one Provided, &c.
fourth of the capital stock aforesaid.
Sections. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 13, 1847.] ^''^*^'*
An Act relating to the Abstracts of School Returns and the Duties of School (Jficm \ 83.
Committees. "
BE it enacted by the Senate and House of Representa-
tives, i?i General Court assembled, and by the authority of
the same, as folloios :
Section 1. The abstracts of school returns, prescribed Abstracts to be
by the statute of eighteen hundred and thirty-seven, chap- madebySecre-
ter two hundred and forty-one, shall, hereafter, be made up Board oVEdu-
by the Secretary of the Board of Education ; and so much cation,
of any act, as provides that the said abstracts shall be made
up in the office of the Secretary of State, is hereby re-
pealed.
Section 2. Any city or town may withhold such com- Towns losing
pensation as the school committee of such city or town are f.J.'^^'"' ^ '^1°'"?
now authorized, by law, to receive, if such town shall F™d, &c.°may
have forfeited its due portion of the income of the school withhold com-
fund through the failure of such committee to comply with scTooi'commiu
the provisions of the law in relation to school returns. ^*^^^-
[Approved by the Governor, April 14, 1847.]
An Act extending the time for locating a portion of the Connecticut River r^J,rtnr, 1 Q/i
Rail-road. C/zapi«4.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, us follows :
Section 1. The time prescribed by law for the filing of Time for filing
the location of the Connecticut River Rail-road, as far as location of road
the town of Greenfield, with the county commissioners for Ma^i'^is-n
the county of Franklin, is hereby extended to the first day
of May in the year one thousand eight hundred and forty-
seven; and the due fihng of said location by the Connecti-
cut Hiver Rail-road Company, on or previous to said date,
shall have the same eftect, and be in all respects as valid, as
though filed within the period specified in the act incorpo-
rating said company, approved on the twenty-fifth day of
January, in the year one thousand eight hundred and forty-
five.
Section 2. This act shall take effect from and after its ^vyhen to take
passage. [Approved by the Governor, April 14, 1847. J effect.
420
1847.-
■Chap. 185.
ChapUB.
Location of
bremch roads.
Powers and du-
ties in respect
to branch roads.
Powers hereby
granted not to
be exercised
until, &c.
An Act concerning the Boston and Lowell Rail-road Corporation.
BE it enacted by the Senate and House of Represejita-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Boston and Lowell Rail-road Corpora-
tion are hereby authorized and empowered to locate, con-
struct, and maintain, branches of their road, not exceeding
twenty feet in width, as follows : Commencing at the
northerly terminus of their road in Lowell, crossing Merri-
mack street, and running along the northerly side of Moody
street to Tremont street, thence crossing Tremont street, and
running northerly along the westerly side of the same,
across Hall street, to the yard of the Lawrence Manufac-
turing Company, with a spur into the yard of the Tremont
Mills:
Also, a branch from the last described branch, commen-
cing at a point in said Tremont street, near the southerly
corner of the yard of the Tremont Mills, and running west-
erly, across the Western Canal and Suffolk street, to the
mill-yard of the Suffolk Manufacturing Company, with a
spur from the same into the yard of the Tremont Mills :
Also, a branch extending from the northerly terminus
aforesaid, across Merrimack street on the easterly side of
Button street, northerly to or near the yard of the Merri-
mack Manufacturing Company, thence easterly along the
Eastern Canal to Bridge street, and across said street, and
continuing on or near the track now used by the said rail-
road corporation, to and across Merrimack street, and thence
southerly, by the Prescott Mills, so called, to Pawtucket
Canal, and thence across said canal to the mill-yard of the
Middlesex Manufacturing Company, with a right to enter
by spurs into the yards of the Boott Mills and the Massa-
chusetts Cotton Mills :
Also, a branch extending from the yard of the engine-
house of the Boston and Lowell Rail-road Corporation,
easterly, along the Appleton and Hamilton Canal, to Central
street in said Lowell :
Also, a branch from their rail-road track easterly of, and
near to, the county road leading to Billerica ; thence cross-
ing Moore street to the yard of the Lowell Bleachery.
Section 2. Said corporation shall, with respect to all the
branches hereby authorized, be subject to all the duties, lia-
bilities, and restrictions, and have all the powers and privi-
leges, provided in the thirty-ninth chapter of the Revised
Statutes, and all general laws which are now, or may be
hereafter, in force, relating to rail-road corporations in this
Commonwealth.
Section 3. The powers hereby granted shall not be ex-
ercised till the said corporation shall have fully indemnified
the city of Lowell against all claim of damages, by the
1847. Chap. 185—186. 421
Merrimack Manufacturing Company, against said city, for
widening Moody street, on the southerly side thereof, by the
resolution passed the twenty-first day of September last, or
have given an obligation to said city, so to indemnify them,
to the satisfaction of the mayor of Lowell.
Section 4. Said rail-road corporation shall be liable to Liability to the
the said city for all loss or damage thereto, caused by the for^amage^^
construction and use of said branches, or by the negligence &-c.
of their agents and workmen thereon, over and along said
streets, or any street hereafter laid out across the said
branches.
Section 5. The motive power used by the said rail-road city of Lowell
corporation upon all the aforesaid branches, and the rate of moltfe power,
speed thereon, may be regulated and controlled by any ordi-
nance of the city of Lowell : provided, that in no case shall be^us"^d"*!i:c!
steam be used as a motive power, upon any of the said
branches. And the city council of Lowell may have and City Council to
exercise, in respect to the said branches, all the powers giv- of co'tlmy^'crm-
en to county commissioners by the two hundred and sev- missioners.
enty-first chapter of the statutes of the year eighteen hun-
dred and forty-six.
Section 6. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 14, 1847.] effect.
An Act authorizing the President, Directors, and Company, of the Boston (7Afl7?186.
Bank, to increase their Capital Stock. "
BE it enacted by the Setiate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The president, directors, and company, of the Capital may be
Boston Bank, in Boston, are hereby authorized to increase ^2%]^ll^^^
1 • -111 ^ -\- • 1 c ^ %0\J\J,W\). in
their present capital stock, by an addition thereto or three shares of ^50,
hundred thousand dollars, in shares of fifty dollars each, '^*=-
which shall be paid in at such time as the president and di-
rectors of said bank may direct and determine; provided, Provided, Sic.
that said additional capital shall all be paid in on or before
the first Monday of April, in the year one thousand eight
hundred and forty-eight.
Section 2. The additional stock, aforesaid, shall be sub- Liabilities of
ject to the like tax, regulations, restrictions, and provisions, ij'jjreased cap-
to which the present capital stock of said corporation is now
subject.
Section 3. Before said corporation shall proceed to do certificate, &c.
business upon said additional capital, a certificate, signed to ^je returned
by the president and directors, and attested by the cashier, ^°y] ^ ^"^ ^
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the Secretary of
the (commonwealth. [Approved by the Governor, April 14,
1847.]
54
422
1847.-
-Chap. 187.
Chap 181.
Persons incor-
porated.
Capital stock
not to exceed
800 shares of
;jJ100 each.
Location of
road.
Time for loca-
tion and com-
pletion of road.
May enter upon
and use the
Granite Rail-
road.
May construct
branches.
An Act to incorporate the Quincy Point Kail-road Company.
BE it enacted by the Senate and House of Representa-
tives, in Getieral Court assembled^ and by the authority of
the same, as follows :
Section 1. James Newcomb, Joseph Richards, and
George Newcomb, their associates and successors, are here-
by made a corporation, by the name of the Quincy Point
Rail-road Company, with all the powers and privileges, and
subject to all the duties, liabilities, and restrictions, con-
tained in the forty-fourth chapter of the Revised Statutes,
and in that part of the thirty-ninth chapter of said Statutes
which relates to rail-road corporations, and in all general
laws which are now, or hereafter may be, in force, relating
to rail-road corporations in this Commonwealth.
Section 2. The capital stock of said corporation shall
not exceed eight hundred 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
said corporation may purchase and hold such real and per-
sonal estate as may be necessary for the purposes of their
incorporation.
Section 3. Said company may locate, construct, and
maintain, a rail-road, with one or more tracks, beginning at
a convenient point near the eastern quarries of the town of
Quincy, thence passing near the village of Quincy, on the
most feasible route for constructing the road, crossing the
Old Colony Rail-road, over or under the same, thence keep-
ing on the southerly side of the road leading from Quincy
to Hingham, to a point near the bridge on said road, then
crossing the said road, near said bridge, to the wharves
owned by Jackson and others, all said road being within
the town of Quincy.
Section 4. If the said company be not organized, and
the location of said road filed, according to law, within one
year, and if said road be not completed and opened for use
within two years from the passage of this act, then this act
shall be void.
Section 5. Said company may enter with their rail-road
upon the Granite Rail-road, in the most convenient point in
the town of Quincy, and use the same, or any part thereof,
according to the provisions of law.
Section 6. Said company are hereby authorized to con-
struct branches, not exceeding half of a mile in length, for
the purpose of leading to any of the stone quarries near the
road, or of leading to any wharf or depot near its eastern
terminus, and, for the purpose of constructing any such
wharf, or forming any such depot, said company is liereby
authorized to take such land as may be necessary for said
depot or wharf, not exceeding three acres, making payment
1847. Chap. 187—188. 423
for all land so taken, in the same manner as is provided by-
law concerning land taken for the construction of rail-
roads.
SectioxV 7. The Legislature may, from time to time, re- The Legisia-
duce the rate of toll, or other receipts on said rail-road, Jfucg^oij/and
whenever the net income thereof shall exceed ten per cent, profits after five
per annum ; but the toll or other receipts shall not, without y^^^^-
the consent of said company, be so reduced as to produce Provided, &c.
less than ten per cent, per annum on the investment in said
company.
Section 8. The Legislature may authorize any company The Legisia-
to enter with their rail-road at any point on the said Quincy [hori^Yts^us'e
Point Rail-road, and use the same, or any part thereof, by by any other
complying with such reasonable rules and regulations as company,
the said Quincy Point Rail-road Company may prescribe,
or as may be determined according to the provisions of law.
Section 9. The said company may transfer their rights, May transfer
privileges, and franchises, under this charter, to the Granite property, &c.
Rail-way Company, whenever a majority in interest of the Raiiway'^Com-
stockholders of the aforesaid corporations shall elect so to do. pany.
Section 10. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 15, 1847.] ^^'^'=^-
An Act to incorporate the Cambridge Wharf Company. ChctvlSS.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. John P. Monks, Asa Swallow, Caleb S. Pratt, Persons incor-
their associates and succsssors, are hereby made a corpora- P"""^^® '
tion, by the name of the Cambridge Wharf Company, with
power to purchase, and hold in fee simple, or otherwise, all to purchase and
or any part of that tract of land, wharves, docks, and flats, w"harves, '(fee. in
situated in Cambridge, and bounded on the northeast by Cambiidge.
the Canal Bridge, and Cambridge street leading thereto ; on
the northwest, by the high lands at East Cambridge, and
the highway leading thence to the causeway of West Boston
Bridge; on the southwest, by said causeway and West Bos-
ton Bridge ; and on the southeast, by the commissioners' line,
recommended by James Hayward and Ezra Lincoln, Jr., in
their report, dated March eleventh, in the year one thousand
eight hundred and forty-six, — with all the privileges and ap-
purtenances to said premises belonging ; and the said cor-
poration may, within the limits aforesaid, construct docks May construct
and wharves, lay vessels within and at the ends and sides docks, wharves,
thereof, and receive dockage and wharfage therefor; erect erect buildings,
buildings, lay out streets and passage-ways, and otherwise 'ay out streets
IT n -1 1 III and passage-
manage and dispose ot said property, as to them shall seem ways, &c.
expedient: provided, that nothing herein contained shdiW Provided, Scc.
authorize said corporation to infringe upon the legal rights
of any person, or to construct any wharf or wharves below
424
1847.-
■Chap. 188—189.
Capital stock
not to exceed
2000 shares of
Sioo.
Shares of non-
paying stock-
holders may be
sold.
Powers and
duties.
Chap 1S9.
Persons incor-
porated.
Location of
road.
low- water mark, in Charles River, unless the same shall be
built on piles, which piles shall not be nearer to each other
than six feet in the direction of the stream, and eight feet
in a transverse direction.
Section 2. Said corporation may, at any legal meeting,
agree upon the number of shares, not exceeding two thou-
sand, into which their stock shall be divided, which shares
shall be transferable in a book to be kept for that purpose
by the clerk of the corporation ; and may, from time to time,
assess upon the stockholders such sums of money, not ex-
ceeding in the whole one hundred dollars on each share, as
may be necessary for the purchase, improvement, and
management of their estate ; and may, in case any stock-
holder shall neglect to pay any such assessment, cause as
many of his shares in the stock of the corporation, as may
be sufficient to pay such assessments, to be sold in such
manner as the corporation by their by-laws shall determine.
Section 3. Said corporation shall have all the powers
and privileges, and be subject to all the duties, restrictions,
and liabilities, contained in the forty-fourth chapter of the
Revised Statutes. [Approved by the Governor^ April 15,
1847.]
An Act to establish the "Weir Branch Kail-road Corporation.
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 :
Section 1. Charles R. Atwood, Hezekiah W. Church,
William H. Ingalls, their associates and successors, are
hereby made a corporation, by the name of the Weir Branch
Rail-road Corporation, with all the powers and privileges,
and subject to all the duties, liabilities, and restrictions, con-
tained in the forty-fourth chapter of the Revised Statutes,
and in that part of the thirty-ninth chapter of said Statutes
which relates to rail-road corporations, and in the public
statutes subsequently passed, relating to such corporations.
Section 2. Said corporation is hereby authorized to lo-
cate, construct, and maintain, a rail-road, with one or more
tracks, from the New Bedford and Taunton Rail-road, com-
mencing at a point on said road, in Taunton, near the Stone
Ware Manufactory, thence diverging from said road, towards
the Weir Village, by a curve of two hundred and thirty feet
radius, a distance of four hundred feet, where it enters the
public highway leading from the Neck of Land Bridge, (so
called,) thence along the southern edge of the road six hun-
dred and fifty feet, thence two hundred feet on the margin
of a bend in Taunton River, at the foot of Weir street ;
thence ninety feet, passing near the margin of said river,
and near the engine house, to the centre of the street leading
through that portion of the Weir Village which is situate on
1847. Chap. 189. 425
the north side of the river ; thence along the centre of said
street, seven hundred and thirty-eight feet, until it reaches
the south side of said street, along the wharves occupied by
A. J, Bosworth, Macomber, and others ; thence along said
wharves, one thousand sixty-two feet, to a point near
the store occupied by Crocker, Brothers, & Co. ; thence near
the river five hundred and fifty feet, to the Old Brewery
Wharf, (so called,) with the privilege of deviating from a
point on the said New Bedford and Taunton Rail-road, two
hundred and thirty feet north of the point above mentioned,
near the Stone Ware Manufactory, and diverging thence, by
a curve of six hundred and twenty feet radius, seven hun-
dred feet, until it enters the south side of the highway above
stated ; and thence along the road, as before mentioned.
Sections. The capital stock of said corporation shall Capital stock
r ,111^ I not to exceed
consist of not more than one hundred and twenty shares, §12,000 in
andno assessment shall belaid thereon, of a greater amount, sharesofgioo.
in the whole, than one hundred dollars on each share ; and the
said corporation may take, purchase, and hold such real
estate, within this Commonwealth, as may be necessary or
convenient for the purposes of their incorporation.
Section 4. Said corporation, so far as the location, con- Not to obstruct
struction, and maintenance, of their road, shall be over and pabiic°i^vei.*
upon any public street or highway, shall so locate, construct,
and maintain the same, as not to obstruct or incommode the
public travel over and upon said street or highway.
Section 5. The motive power to be used upon the road Taum^nTo^eg-
or track authorized to be constructed and laid by this act, uiate motive
and the rate of speed thereon, may be regulated and con- P"^'^'''
trolled by the selectmen, for the time being, of the town of
Taunton : provided, that in no case shall steam be used as a provided steam
motive power. .snot used.
Section 6. If the location of said rail-road be not filed, Time for loca-
according to law, within one year from the passage of this pie"ion of road,
act, or if the said rail-road shall not be completed in two
years from the passage of this act, this act shall be void.
Section 7. Said corporation may transfer their rights, May transfer
privileges, franchises, and property, under this charter, to ^he^jsew ^ed-'°
the said New Bedford and Taunton Rail-road Corporation, ford and Taun-
or to the Taunton Branch Rail-road Corporation, either of jj^JJh'^Rar"
which corporations is authorized to receive and hold the road Corpora-
same whenever the stockholders in such corporation shall "°"-
determine, at a legal meeting called for such purpose.
Sections. The said rail-road corporation shall be liable Liability of cor-
to the said town for all loss or damage thereto, caused by {Xn^'fo" d°am-
the construction and use of said branch, or by the negligence ages, &c.
of their agents and workmen thereon, over, and along said
street. [Approved by the Governor, April 16, 1847.]
426
1847.-
-Chap. 190.
ChapldO.
Part of Methuen
and Andover to
be set off.
Boundary lines.
Construction
and mainte-
nance of bridges
over Shawsheen
River.
Inhabitants of
Lawrence to
pay arrears of
taxes to treas-
urers of Methu-
en and Andover
An Act to incorporate the Town of Lawrence.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. All the territory now within the towns of
Methuen and Andover, in the county of Essex, comprised
within the following limits, — that is to say, by a line begin-
ning at the mouth of Shawsheen River, at its easterly bank,
thence running southerly, by said easterly bank, to a stake
at the bend in said river, a few rods westerly of the bridge,
where it is crossed by the Salem Turnpike ; thence in a
straight line westerly, to a marked stone in the wall, at the
easterly corner of the intersection of roads, by Jacob Bar-
nard's house ; thence northerly, in a straight line across
Merrimack River, passing between the house of Asa Barker
and that of Ebenezer Barker, on the Tower-Hill Road,
leading from Methuen to Lowell, to a stake, about two
thousand one hundred and fifty feet northerly from where
the line crosses said road ; thence northeasterly to a monu-
ment on the easterly side of Londonderry Turnpike, passing
a little northerly of the house of Abiel Stevens ; thence east-
erly in a straight line, to a monument at the intersection of
Lawrence street with the old road which runs easterly
from Stevens' factory towards Haverhill ; thence in a
straight line easterly, passing north of William Swan's
house, through a monument about four hundred feet south
of the intersection of the roads, near said Swan's house, to
the line of the town of Andover, in Merrimack River ; thence
running by the said line of Andover westerly, to the easterly
bank of Shawsheen River, at the point of starting, — is
hereby incorporated into a town, by the name of Lawrence ;
and the said town of Lawrence is hereby invested with all
the privileges, powers, rights, and immunities, and subject
to all the duties and requisitions, to which other towns are
entitled and subject by the constitution and laws of this
Commonwealth.
Section 2. The town of Lawrence shall make and
maintain all bridges for public highways, over the Shaw-
sheen River, so far as the easterly bank of said river is a
boundary of the said town, including the masonry of the
abutments of said bridges, on the easterly bank thereof.
Section 3. The inhabitants of the said town of Lawrence
shall be holden to pay all arrears of taxes, which have been
legally assessed upon them by the towns of Methuen and
Andover, respectively ; and all taxes heretofore assessed,
and not collected, shall be collected and paid to the treas-
urers of the towns of Methuen and Andover, respectively, in
the same manner as if this act had not been passed ; and
also their proportion of all county and State taxes, that may
be assessed upon them previously to the next State valiia-
1847. Chap. 190. 427
tion — that is to say, two thirds of the State and county taxes
that may be assessed upon the town of Methuen, and one
eighth of the state and county taxes that may be assessed
upon the town of Andover, till the next State valuation.
Section 4. The parts of the said town of Lawrence, now provisions for
belonging to the towns of Methuen and Andover, respective- the choice of
ly, shall remain parts of the said towns of Methuen and erai'officers.^ *
Andover, for the purpose of electing the representatives to
which said towns are respectively entitled, and for the pur-
pose of electing State officers, senators, representatives to
Congress, and electors of President and Vice President of the
United States, until the next decennial census shall be taken,
in pursuance of the thirteenth article of amendment to the
constitution ; and the meetings for the choice of such repre-
sentatives, and the other officers aforesaid, shall be called by
the selectmen of the said towns, respectively ; the selectmen
of Lawrence shall make a true list of persons belonging to
the territory of each of said towns, hereby incorporated into
the town of Lawrence, qualified to vote at every such elec-
tion, and the same shall be taken and used by the selectmen
of said respective towns, for such elections, in the same
manner as if prepared by themselves.
Sections. The said towns of Methuen, Andover, and Support of pau-
Lawrence, shall be respectively liable for the support of all p^"-
persons who now do, or shall hereafter, stand in need of re-
lief as paupers, whose settlement was gained by, or derived
from, a residence within their respective limits ; and the „ , ^ ^
said town of Lawrence shall, within one year from the time rence to Metiiu-
of its organization under this act, pay to the town of Me- ^"•
thuen one thousand dollars, as and for their just proportion
of the debts of the town of Methuen, owing at the time of the
passage of this act, exclusive of the amount of the surplus
revenue of the United States, in the treasury of the town of ^ ^^
Methuen; and the town of Lawrence shall also pay two refund portion
thirds of the amount of said surplus revenue, whenever its re- ofsufpjus rev-
payment shall be demanded by the United States, according &c. ' ^^^^^^'
to law : and shall also pay to the town of Methuen, the amount ^nd pavMethu-
that said town shall pay for building Haverhill street, so en for building
called, within the limits of said town of Lawrence, as ordered str^ee"*""
by the county commissioners for the county of Essex.
Section 6. Any justice of the peace, in the county of Call of meeting
Essex, is hereby authorized to issue his warrant, directed to ["wn officers,
any principal inhabitant of the town of Lawrence, requiring
him to notify and warn the inhabitants thereof, qualified to
vote in town affairs, to meet at the time and place therein
appointed, for the purpose of choosing all such town officers
as towns are by law authorized and required to choose, at
their annual meetings ; and such justice, or, in his absence,
428
1847.-
■Chap. 190—192.
When to lake
effect.
Chap 191,
Persons incor-
porated,
to manufacture
iron in Maiden.
Real estate not
to exceed
j?50,000, and
capital stock
g 130,000.
When to take
effect.
Chap 192.
Persons incor-
porated,
to make and
manufacture
iron in Monte-
rey and New
Marlborough.
Estate not to
exceed
;g 100,000.
When to take
effect.
such principal inhabitant, shall preside till the choice of a
moderator, in said meeting.
Section 7. This act shall take effect from and after its
passage. [Approved by the Governor^ April 17, 1847.]
An Act to incorporate the Faneuil 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 follows :
Section 1. Gilbert Haven, Uriah Chamberlain, S. Albert
Cox, their associates and successors, are hereby made a
corporation, by the name of the Faneuil Iron Company,
for the purpose of manufacturing iron in the town of Mai-
den, county of Middlesex, with all the powers and privi-
leges, and subject to all the duties, restrictions, and liabili-
ties, set forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes.
Section 2. Said corporation may, for the purpose afore-
said, hold real estate not exceeding in value fifty thousand
dollars, and the whole capital stock shall not exceed one
hundred and fifty thousand dollars.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 17, 1847.]
An Act to incorporate the Monterey Iron Company.
BE it CTiacted by the Senate and House of Representa-
tives, in General Court assembled, and by the a^ithority of
the same, as follows :
Section 1. George G. Babcock, Ovid Plumb, second,
Frederick Plumb, their associates and successors, are here-
by made a corporation, by the name of the Monterey Iron
Company, for the purpose of making iron and manufactur-
ing the same in its various forms, in the towns of Monterey
and New Marlborough, county of Berkshire, or in either of
said towns, 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.
Section 2. Said corporation may hold real and per-
sonal estate, necessary and convenient for the purposes
aforesaid, not exceeding in amount one hundred thousand
dollars.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 1 7, 1847.]
1847. Chap. 193—194. 429
An Act to repeal an Act establishing a Fire Department in the town of Qfidjj 193,
Springfield. ■*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. An act entitled " An Act establishing a Fire Repeal of act
Department in the town of Springfield," passed on the fifth ^Lo*'*^^^'
day of March, in the year one thousand eight hundred and
thirty, is hereby repealed.
Section 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 17, 1847.] ^^^'^^'
An Act to define the Limits of certain Towns on Taunton Great River, and /^/.«*j 1 QA
concerning the Oyster Fishery therein. l^nu^ t«7^.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The centre of the main ship channel of Boundary lines
Taunton Great River is hereby established as the bound- eltSisS'in ''^
ary line of the towns of Berkley, Dighton, Freetown, Fall the channel of
River, and Somerset ; and the centre of the main ship Rfve"r'and'As^'
channel of Assonet River, from the point where it intersects sonet River,
the main ship channel of Taunton Great River, passing up
said Assonet River to a place called the " Turn," is hereby
established as the boundary line between the towns of
Berkley and Freetown.
Section 2. No person shall take any oysters from their Prohibition of
beds, or destroy them, or wilfully obstruct their growth &cTn°c^rtain
therein, or on any fiats within the limits of either of the flats,
said towns of Berkley, Dighton, Freetown, or Fall River,
except as is hereinafter provided ; and every person who
shall otherwise take, destroy, or obstruct the growth of
said oysters, in any of the aforesaid towns, shall forfeit and Penalty,
pay a sum, not less than ten nor more than one hundred
dollars, for each and every offence, to be recovered by in-
dictment or information, or on complaint before a justice of
the peace in the county where the offence was committed ;
one half thereof to the use of the county, and the other
half to the use of the informer or complainant ; and in
every case of neglect or refusal of any person, convicted
under any of the provisions of this act, to pay such fine
and costs, such person so neglecting or refusing shall be
imprisoned in the county jail for a term not less than ten
nor more than sixty days.
Section 3. From the first day of September in each Privilege to
year to the first day of June following, every householder fa^^goysTers*.^
of either of the said towns of Berkley, Dighton, Freetown,
and Fall River, may take oysters from the beds and flats
within the limits of their respective towns, for the use of
55
430
1847.-
■Chap. 194.
Control of towns
over oyster fish-
ery.
Provided, &c.
Elections and
dut'es of oyster
wardens.
Penalty on
towns for failure
to elect.
Vessels, &c. to
be taken and
held for pay-
ment, &c.
Oyster wardens
may take and
detain vessels,
&c.
Provided, &c.
himself and his family, not exceeding three bushels in any
one month.
Section 4. Each of the aforesaid towns of Berkley,
Dighton, Freetown, and Fall River, shall, in their corpo-
rate capacities, have the exclusive right to, and control of,
the residue of the oyster fishery, within their respective
limits, as defined in the first section of this act ; and each
of said towns shall have the right, privilege, and power,
from time to time, to sell, at public or private sale, the
right, privilege, and power, to take said oysters, within
their respective limits, as the said respective towns, by
their vote or votes, at any legal meeting holden for that
purpose, may direct ; and the moneys arising from any
such sale or contract shall be paid into the treasury of the
town : provided, hoiDever, that said town shall not have
the right and power to sell to any person, or to take them-
selves, any oysters from their beds and flats, from the first
day of June to the first day of September in each year.
Section 5. The several towns of Berkley, Dighton,
Freetown, and Fall River, shall, at their several annual
meetings, in the months of March or April, or at any legal
meeting holden for that purpose, choose by ballot three or
more suitable persons, being freeholders in such town, as
oyster wardens, whose duty it shall be to see that the pro-
visions of this act are duly enforced, and to prosecute for
all breaches thereof; and such oyster wardens shall be
sworn to the faithful discharge of their duty ; and if either
of the towns aforesaid shall neglect or refuse to choose
oyster wardens, as aforesaid, according to the true intent
and meaning of this act, such town shall forfeit and pay a
fine of one hundred dollars to the use of him who shall
prosecute therefor.
Section 6. If any vessel, boat, or craft, shall be found
within the limits of either of said towns, with any oysters
on board, or within the limits of the town of Somerset,
with oysters on board, and taken in either of the towns of
Berkley, Dighton, Freetown, or Fall River, the said vessel,
boat, or craft, shall be liable to be taken and held for the
payment of the fines and penalties provided for by this act,
and the costs ; and it shall be lawful for any oyster warden
chosen by virtue of this act to seize and take such vessel,
boat, or craft, and detain the same, not exceeding forty-
eight hours, in order that the same, if need be, may in that
time be attached or arrested, by due process of law, to
satisfy the said fines and penalties, and costs, according to
the provisions of this act : provided, however, that if the
owner or master of any such vessel, boat, or craft, shall,
before prosecution is instituted for the same, pay such for-
feiture as shall be demanded by the oyster warden seizing
and detaining such vessel, boat, or craft, for the benefit of
1847.— Chap. 194—196. 431
the town wherein such oysters shall have been taken, to be
paid to the treasurer thereof, then such vessel, boat, or
craft, shall be discharged.
Section 7, All laws heretofore made for the regulation Repeal of in-
of the oyster fishery in cither of said towns of Berkley, vLlons?"^ ^'^°'
Dighton, Freetown, and Fall River, and inconsistent with
the provisions of this act, are hereby repealed.
Section 8. This act shall take effect on the tenth day gj^^°*°*^®
after its passage. [Appj^oved by the Governor, April 17, 1847.]
An Act concerning Mortgages held by the Commonwealth. CAfl2?195
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
In any case where the Treasurer and Receiver General Treasurer to
of the Commonwealth is now authorized by law to execute ^'^^'^n'^lfo^
a discharge of any mortgage held by the Commonwealth, gagfsh^idby
he may, instead of such discharge, if he deems it expe- theCommon-
dient or proper, execute and acknowledge an assignment of
such mortgage ; and such assignment shall have the same
effect, and operate in the same manner, as assignments of
mortgages in similar terms made by any other mortgagee :
provided, however, that no liability, express or implied, shall Provided, See.
be deemed or taken to have been incurred, on the part of
the Commonwealth, by reason of any assignment made
and executed in pursuance of the provisions of this act.
[Approved by the Governor, April 17, 1847.]
An Act to incorporate the Walpole Reservoir Company. CJlCLt) 196.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Edmund P. Tileston, Joshua Stetson, Jr., Persons incor-
Francis W. Bird, their associates and successors, are here- P°''^'® '
by made a corporation, by the name of the Walpole Reser-
voir Company, for the purpose of creating a reservoir of ^° create a
water, by constructing and maintaining a dam, in the town con^struct and
of Walpole, county of Norfolk, with all the powers and maintain a dam
privileges, and subject to all the duties, restrictions, and '" apoe.
liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purpose aforesaid, ^Ylooo
not exceeding in amount twelve thousand dollars. [Ap-
proved by the Governor, April 19, 1847.]
432
1847.-
-Chap. 197—198.
Chapl91.
Persons incor-
porated as
bankers in
Great Barring-
ton, till Octo-
ber 1,1861.
Stock transfer-
able at banking-
house, &.C.
Capital to con-
sist of g 100,000
in shares of
^100, &c.
Provided, &c.
An Act to establish the Mahaiwe 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 :
Section 1. Increase Sumner, Samuel Rosseter, Asa C.
Russell, their associates and successors, are hereby made a
corporation, by the name of the President, Directors, and
Company of the Mahaiwe Bank, to be located in the town
of Great Barrington, in the county of Berkshire, and shall
so continue until the first day of October, in the year one
thousand eight hundred and fifty-one, and shall be entitled
to all the powers and privileges, and be subject to all the
duties, restrictions, and liabilities, set forth in the public
statutes of this Commonwealth relative to banks and bank-
ing.
Section 2. The stock of said bank shall be transferable
only at its banking-house, and in its books.
Section 3. The capital stock of said corporation shall
consist of one hundred thousand dollars, to be divided into
shares of one hundred dollars each, to be paid in such in-
stalments, and at such times, as the stockholders may di-
rect : provided the whole be paid in within one year from
the passage of this act. \^Approved by the Governor, April
19, 1847.]
CAapl98.
Time for elec-
tions of mayor,
aldermen,
and common
couiicil men.
Officers to en-
ter upon their
duties on the
first Monday
in January.
Their powers
and duties.
Mayor and al-
dermen to pre-
pare lists of
J urors.
An Act in addition to an Act entitled " An Act to establish the City of Rox-
bury."
BE it enacted by the Senate and House of Representa-
tives, hi General Court assembled, and by the authority of
the sam^e, as folloios :
Section 1. The election of the mayor, aldermen, and
common council men, and such other officers of the city of
Roxbury as are now, by law, to be chosen on the second
Monday in March, annually, shall in future be made on the
second Monday of Decem.ber, annually ; and the said offi-
cers, so chosen, shall hold their respective offices for the
same term of time, and the same proceedings shall be had
in relation to such elections, as is provided in and by the
act to which this act is in addition.
Section 2. The officers chosen under, and by virtue of,
this act, shall enter on the duties of their respective offices on
the first Monday in January, in each year, and shall be liable
to all the duties and restrictions, and shall exercise all the
powers, to which the said officers are respectively subject or
entitled, under and by virtue of the act to which this is in
addition.
Section 3. The list of jurors in the city of Roxbury
shall be prepared by the mayor and aldermen of the city, in
the same manner as is required, in the ninety-fifth chapter
of the Revised Statutes, to bfe done by the selectmen within
1847. Chap. 198—200. 433
and for their respective towns ; and the lists, when made out
by the mayor and aldermen, shall be deemed complete,
without being submitted to the inhabitants of the city, or to
the common council, for revision and alteration by them.
Section 4. The said mayor and aldermen, and the clerk of ^g^^^^^^J"^ ^"'
the city, shall severally have and exercise all the powers and aldermen,
and duties with regard to the drawing of jurors in the city andcUy clerk,
of Roxbury, and all other matters relating to jurors therein, ^ °^
which are, in the ninety-fifth chapter of the Revised Stat-
utes, required to be performed by the selectmen and town
clerks in their respective towns; and all venires for jurors, Venires to be
to be returned from Roxbury, shall be served on the said ^^^^'J and^aN
mayor and aldermen. dermen.
Section 5. This act shall be void, unless the inhabitants Act to be void
of Roxbury, at any general meeting duly Avarned by pub- "y inhabiunt^
lie notice of at least fourteen days by the mayor and alder- &c.
men, shall, (within sixty days from the passing hereof,) by
written vote, adopt the same.
Section 6. All the provisions of the act to which this is Repeal of in-
in addition, or of any other act inconsistent with the pro- consisten^ pro-
visions of this act, shall be, and hereby are, repealed.
[Approved by the Governor^ April 19, 1S47.J
An Act relating to Returns of County Commissioners and other Officers. CHup 199.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as foUov)S :
The county commissioners, or either of them, or any Penalty for
other officer, who shall neglect to comply with the duties "am'duties.*^"'
required of them in the thirty-second, thirty-fifth, and thir-
ty-seventh sections of the fourteenth chapter of the Revised
Statutes, and in the one hundred and thirty-seventh chapter
of the statutes of the year one thousand eight hundred and
thirty-six, shall forfeit to the Commonwealth, fifty dollars.
[Approved by the Gover?ior, April 19, 1847.]
An Act to authorize the Fitchbnrg Rail-road Company to extend their Road nfidr) 200.
to the City of Boston. "
BE it enacted by the Se?iate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1, The Fitchburg Rail-road Company are here- Road to be ex-
by authorized and empowered to extend, construct, and Boston.'"'"
maintain their rail-road into the city of Boston, beginning
at some convenient point on the depot ground of said com-
pany in Charlestown ; thence crossing Charles River by a Direction and
bridge, easterly of the bridge of the Boston and Maine Rail- '^'■"ensions.
road, and passing across Warren Bridge, southerly of the
draw in said Warren Bridge; thence easterly of Haverhill
street to Causeway street, in the city of Boston ; said rail-
434
1847..
-Chap. 200.
Bridge not to
pass within 175
feet of the
bridge of the
Boston and
Maine Rail-
road.
Location, di-
mensions, (fee.
of bridge and
street, to be
maintained, &c.
Street may be
laid out as a
highway.
Construction of
bridge and
street.
Draws.
Location and
management of
gates.
Care of a por-
tion of Warren
Bridge.
road to be but twenty-six feet wide, except for the distance
of seven hundred and thirty feet, northerly of said Cause-
way street, where the same may be sixty feet wide, and not
more; — with all the powers and privileges, and subject to all
the duties, liabilities, and restrictions, provided in all general
laws which are now, or may be hereafter in force, relating
to rail-roads in this Commonwealth.
Section 2. The bridge hereby authorized, measuring at
a right angle therefrom, at the place where it intersects
Warren Bridge, shall not pass within one hundred and sev-
enty feet of the present bridge of the Boston and Maine
Rail-road, measuring from the outside stringer on each
bridge.
Section 3. The said company are hereby authorized and
required to construct, and open for public travel, a new
bridge and street, commencing, at least fifty feet wide, at
Warren Bridge, south of the draw, and between said draw
and the place where said bridge is crossed by their rail-
road, thence passing east of their said rail-road to Cause-
way street, where said new street shall open one hundred
feet in width, at a point not farther east than the range of
the easterly line of Beverly street, — and shall finish said
bridge and street in a good and substantial manner, and
maintain and keep the same in repair, open, safe, and con-
venient, for public travel forever; and the city of Boston
may lay out said new street as a highway, without com-
pensation to said company.
Section 4. The said bridge across Charles River, with
two good and sufficient draws and piers, for the safe and
convenient passage of vessels in the channels of Charles
River and Miller's River, and the said new bridge and
street, hereby authorized in or over the waters of Charles
River, below low- water mark, shall be constructed on piles,
so as to cause the least obstruction to the flow of the stream,
under the direction of a commissioner, to be appointed by
the governor and council, at the expense of said company ;
and the said company shall keep the draws in good repair,
and open the same, and afford all proper accommodation
to vessels having occasion to pass the same by day or
night.
Section 5. There shall be a gate at the crossing of the
Warren Bridge, and another on Haverhill street, north of
Causeway street, erected and managed at the expense of
said company, and regulated in such manner as shall be
required by the mayor and aldermen of the city of Boston ;
and the said company shall maintain and keep in repair all
that part of Warren Bridge which lies southerly of their
crossing aforesaid, which, with said new portion, shall be,
so far as relates to repairs, subject to the superintendence of
the Commonwealth's agent for said Warren Bridge.
1847. Chap. 200—201. 436
Section 6. Said company shall observe such rate of M.ii'or and ai-
speed, and establish and maintain such securities for public ufatT"^°i^^'
safety on their road, and about their depot buildings hereby &,c. ^^^ '
authorized, in the city of Boston, as the mayor and alder-
men thereof shall require. Steam shall not be used as a steam not to be
motive power on any part of said road, between the present "ho^^^j^b^"'
depot in Charlestown and the contemplated depot in Bos- governor and •
ton, until said company shall have provided such effectual council, or com-
security against danger to the travel over Warren Bridge, '
as may be required by the governor and council of this
Commonwealth, or by commissioners to be appointed by
them. Said company shall be bound to provide all such Additional se-
additional security to said travel as the governor and conn- curiiies here-
cil may, from time to time, hereafter require.
Section 7. For the purposes of this act, the said com- Capita] may be
pany are authorized to increase their capital stock, by an addbglsocMDOO
amount not exceeding three hundred thousand dollars. '
Section 8. This act shall take effect from and after its when to take
passage. [Approved by the Governor, April 20, 1847.] effect.
An Act concerning the South Shore Rail-road Company. ChctV 201 .
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of '
the same, as follows :
Section 1. The South Shore Rail-road Company are Location of
hereby authorized to commence their rail-road at some con- ^°^^-
venient point on the Old Colony Rail -road, in the town of
Quincy or Brain tree, and to continue the same through the
towns of Braintree and Weymouth, by Weymouth Land-
ing and East Weymouth, and north of Locust Hill in North
Weymouth, through Hingham, at or near Water street, to
some convenient point in Cohasset, and there to terminate
the same ; and so much of an act incorporating said com- Repeal of in-
pany, passed on the twenty-sixth day of March, in the year consistent pro-
one thousand eight hundred and forty-six, as is inconsistent ^'^'°°*"
herewith, is hereby repealed.
Section 2. The time for filing the location of, and finally Time forioca-
completing, the rail-road of said company, as hereinbefore pi^"ion"lr°road
described, is extended one year, in addition to the time extended.
mentioned in their original act of incorporation.
Section 3. If, in consequence of the location of said Bridge may be
rail-road north of Locust Hill in North Weymouth, it shall ^""^ir^cted un-
, .,,-'. -,,, ' , der direclioii of
be necessary to cross any navigable waters in Weymouth county commis-
Landing, the said waters may be crossed by a bridge, with s'°"f'fs.
a good and sufficient draw, the sufficiency of which shall
be determined by the county commissioners for the county
of Plymouth, at any place in said landing not below a
point formerly known as Arnold's Point.
Section 4. If any stockholder of said company shall, in ^ay wifiaw
consequence of the passage of this act, desire to withdraw subscription,
&c.
436 1847. Chap. 201—204.
hfs subscription to the capital stock of the company, he
may do so by giving notice thereof to the clerk within six
months from the passage hereof; and he shall thereupon
receive back, from said company, the full amount of any
assessment paid by him upon such stock, with interest.
Meeting for ac- SECTION 5. The clerk of Said company is authorized to
ceptance of this call a meeting thereof, giving such notice as is provided in
^'''' "^" the by-laws, for the purpose of accepting this act, filling
any vacancies that may exist in the offices of the company,
and transacting the general business thereof.
When to take SECTION 6. This act shall take effect from and after its
effect. passage. [Approved by the Governor, April 20, 1847.]
C^hnn 202 -^^ -^^"^ ^^ addition to an Act to incorporate the Walpole Reservoir Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Riffhts of indi- SECTION 1. Nothing Contained in the act to incorporate
viduais and cor- |.j^g Walpolc Rescrvoir Company, passed at this session of
Derations in , t • i i n i r j ^ r _
relation to the the Legislature, shall be construed to mipair the rights of
waters of Ne- individuals or corporations in relation to the waters of
^c.^not to be Neponset River, or the lands that may be overflowed and
impaired. injured by means of the dam and reservoir of said com-
Waters in reser- pauy ; nor shall the Waters, at any time contained in said
^ii'V° ''r T' reservoir, be applied to any other purpose than for the use
use^of*'miiis°&c. and benefit of the mills and manufacturing establishments
on said Neponset River. [Approved by the Governor, April
20, 1847.]
Ch nn'^.O'^ An Act relating to the Draw of the Newburyport Bridge.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Time for com- The time allowed to the Eastern Rail-road Company, by
pietion of draw ^^^ a,ct passcd ou the sixteenth day of April, one thousand
July 1, 1847. eight hundred and forty-six, to make and complete a suita-
ble draw in the Newburyport Bridge, is hereby extended to
the first day of July, one thousand eight hundred and
forty-seven. [Approved by the Governor, April 20, 1847.]
ChcfD 204 ^^ "^*^^ ^" incorporate the Marblehead and Lynn Branch Rail-road Com-
r * 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 :
Persons incor- SECTION 1. Increase H. Brown, Eben B. Phillips, Wil-
porated. Jiam Fabens, their associates and successors, are hereby
made a corporation, by the name of the Marblehead and
Lynn Branch Rail-road Company, with all the powers and
privileges, and subject to all the duties, liabilities, and re-
1847. Chap. 204. 437
strictions, contained 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 all general laws which are now, or may be hereafter, in
force, relating to rail-road corporations in this Common-
wealth.
Section 2. The capital stock of said company shall not Capital stock
exceed twelve hundred and fifty shares, the number of ^^^.^^^^'^
which shall be determined, from time to time, by the direc- share's of ;gl0O.
tors thereof; and no assessments shall be laid thereon of a
greater amount, in the whole, than one hundred dollars on
each share ; and said company may purchase and hold
such real and personal estate as may be necessary for the
purposes of their incorporation.
Section 3. The said company may locate, construct. Location of
and maintain a rail -road, with one or more tracks, begin- ^°^^'
ning at a point convenient for the accommodation of the
public, near the common in Marblehead, thence passing
southwesterly through the farms near the sea-shore, in said
town ; thence westerly through the village of Swampscot,
in Lynn, to a point most convenient for entering upon the
Eastern Rail-road in the said town of Lynn.
Section 4. If the said company be not organized, and Time for loca-
the location of their said road filed, according to law, with- pre"ion'*of°road.
in one year, and if said road be not completed and opened
for use within three years from the passage of this act, then
this act shall be void.
Section 5. Said company may enter with their rail-road May enter upon
upon the Eastern Rail-road, at the most convenient point Ea*^,"JnRaU-
in the town of Lynn, and use the same, or any part thereof, road,
according to the provisions of law.
Section 6. The Legislature may, from time to time, alter The Legislature
or reduce the rate of tolls or other profits on said road ; but {^ns and"pr^ofits
said tolls and other profits shall not, without the consent of from time to
said company, be so reduced as to produce less than ten ^""®'
per cent, per annum on the investment of said company. Provided, &e.
Section 7. The Legislature may authorize any other The Legislature
rail-road company to enter, with their rail-road, at any hJ'use^byTny
point on the said Marblehead and Lynn Branch Rail-road, other company,
and use the same, or any part thereof, by complying with
such reasonable rules and regulations as the said Marble-
head and Lynn Branch Rail-road Company may prescribe,
or as may be determined according to the provisions of
law.
Section 8. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 20, 1847.] ^^^'^^-
56
438
1847.-
-Chap. 205.
Chajp205.
Persons incor-
porated.
to erect, man-
age, and own a
market in Bos-
ton.
Provided, &c.
Estate not to
exceed
^600,000.
City council,
&c. to make
and enforce
police regula-
tions, at ex-
pense, &c.
City of Boston
may purchase
market, &c.
paying therefor,
&c.
Proceedings in
case of such
purchase.
When to take
effect.
An Act to incorporate the Proprietors of the Erie Market.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. Josiah Qiiincy, Jr., Gridley J. F. Bryant,
and Ellis Gray Loring, their associates and successors, are
hereby made a corporation, by the name of the Proprietors
of the Erie Market, for the purpose of erecting, managing,
and owning a market for the storage and sale of country
produce, and other merchandise, on the South Cove, in the
city of Boston, with all the powers and privileges, and sub-
ject to all the duties, restrictions, and liabilities, set forth in
the forty-fourth chapter of the Revised Statutes : provided,
that nothing herein contained shall be so construed as to
authorize said corporation to engage in buying or selling
provisions or merchandise, of any description.
Section 2. Said corporation may hold, for the pur-
pose aforesaid, real and personal estate to the amount of six
hundred thousand dollars.
Section 3. The city of Boston may, by its city council,
or by any person or body to which said council shall dele-
gate its power, make and enforce suitable and proper police
regulations in and about said market and its appurtenances
in Boston, at the expense of said corporation.
Section 4. The city of Boston may, at any time, pur-
chase of the said corporation the said market, and ail the
franchise, property, rights, and privileges, of the said cor-
poration, on paying therefor the amount expended in erect-
ing the said market, and the expenses of repairs thereon,
with interest thereon, at the rate of ten per centum per
annum, deducting therefrom all sums that shall have been
received by the said corporation from rents or any other
source of profit, and interest thereon at the rate of ten per
centum per annum. And whenever the said city of Boston
shall have determined to purchase the said market, the di-
rectors of the said corporation shall, upon reasonable no-
tice, make out a statement of the amount to be paid, accord-
ing to the foregoing provisions, and shall exhibit their
books and papers in verification of the said statement, and,
upon payment of the sum which shall be payable as here-
inbefore provided, the said corporation shall make and de-
liver, to the said city of Boston, all such deeds, convey-
ances, and assurances, as may be necessary to vest in the
said city the said market, and all the franchise, property,
rights, and privileges of the said corporation.
Section 5. This act shall take effect from and after its
passage. \^Approved by the Governor, April 20, 1847.]
1847. Chap. 206—208. 439
An Act lo incorporate the Boston Artists' Association. ChttT) 206
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
Section 1. Richard S. Greenough, Asa C. Warren, Persons incor-
Hammatt Billings, their associates and successors, are here- p^''^^^''*
by made a corporation, by the name of the Boston Artists'
Association, for the cultivation and promotion of the fine for the cuitiva-
arts in the city of Boston, with all the powers and privi- Hon of Ihe'fine "
leges, and subject to all the duties, restrictions, and liabili- arts in Boston,
ties, contained in the forty- fourth chapter of the Revised
Statutes.
Section 2. Said corporation may hold real and personal Estate not to
estate, not exceeding in value one hundred and fifty thou- gTso.ooo, to be
sand dollars, to be appropriated exclusively to the purposes appropriated,
aforesaid. *'*'•
Section 3. This act shall take effect from and after its when to take
passage. [Approved by the Governor, April 20, 1847.] ^^^'^'•
An Act to incorporate the Mystic Manufacturing Company. Ch(ip2Xjl ,
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Section 1. Elbridge Gerry, Caleb Chace, Lewis Mills, Persons incor-
their associates and successors, are hereby made a corpora- p°''*'^ '
tion, by the name of the Mystic Manufacturing Company,
for the purpose of manufacturing cotton and woolen goods, coiTon"an^d'"'^^
in the town of Chelsea, county of Suffolk, with all the pow- woolen goods
ers and privileges, and subject to all the duties, restrictions, 'n Chelsea,
and liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purposes aforesaid, ^^^"^
not exceeding in ainount five hundred thousand dollars. '
[Apjjroved by the Govei'nor, April 21, 1847.]
An Act concerning the House for the Reformation and Employment of Ju- Chop ^Oo,
veniie 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 sam,e, as follows :
Section 1. The municipal or police court of said city, Municipal or
upon the complaint, under oath, of the mayor or any alder- Police court,
.1 f r ft T. ^11 f ■ -i on complaint of
man thereoi, or oi any oi the directors oi the house oi mdus- mayor, <fcc.
try or of the said house of reformation and employment, or ^'^y sentence
/ ,, ^ . r • 1 -^ ii ^ • dissolute or-
ot the overseers or the poor of said city, that any minor, phan minors
under the age of sixteen years, lives an idle and dissolute under sixteen
life, and that his parents are dead, or, if living, do, from ^c"to°ho^i^eof
vice or any other cause, neglect to provide suitable employ- reformation,
ment for, or to exercise salutary control over, such minor, *''
440
1847.-
-Chap. 208—211.
But not other
children.
Provided, &c.
Chap209.
Annual salary
to be SI, 200
after April 1,
1847.
shall have power, upon conviction thereof, to sentence such
minor to such house of reformation and employment, to be
kept and governed according to law.
Section 2. The second section of the twenty-second
chapter of the laws passed in the year one thousand eight
hundred and forty-three, is hereby repealed ; saving all
matters now pending, and the right of appeal, as provided
in the third section of said chapter. [Appt'oved by the Gov-
ernor, April 21, 1847.]
An Act establishing the Salary of the First Clerk in the Office of the Treas-
urer and Receiver General of the Commonwealth.
BE it enacted by the Seriate and House of Representa-
tives, hi General Court assembled, atid by the authority of
the same, as follows :
From and after the first day of April, in the year one
thousand eight hundred and forty-seven, the first clerk in
the office of the Treasurer and Receiver General of the Com-
monwealth shall receive a salary of twelve hundred dollars
a year, to be paid quarterly, which said sum shall be in full
for all services rendered by said clerk, in said office. [Ap-
proved by the Governor, April 21, 1847.]
An Act authorizing the Fall River Rail-road Company to extend the Southern
Terminus of their Road, 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 :
Section 1. The Fall River Rail-road Company are
hereby authorized to extend their road, from the present
southern termination thereof, in the town of Fall River, in a
southwesterly direction, to the wharf of the Fall River Iron
Works Company, called the New Steamboat Wharf, in said
Fall River.
Section 2. The filing which has already been made, of
the location of that part of said Company's road, authorized
to be located and constructed under the act establishing the
Middleborough Rail-road Corporation, or in the acts in ad-
dition thereto, shall have the same validity and effect as if
the same had been filed within the time specified in said
acts. [Approved by the Governor, April 21, 1847.]
Chop^ll. -^^ Act concerning the Roxbury Social Library.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Proprietors may Section 1. The proprietors of the Roxbury Social Li-
aUeg^ mee't^ brary are hereby authorized, at any legal meeting, duly
wgs. warned, to vote therein by proxy.
When to take SECTION 2. This act shall take effect from and after its
effect. passage. [Approved by the Governor, April 21, 1847.]
Chap210.
Road may be
extended, &.c.
Filing ofloca-
tiou of the road
made valid.
1847. Chap. 212—214. 441
An Act to increase the Capital Stock of the Union Bank. C/iflD212.
BE it enacted hy the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. The President, Directors, and Company, of Capital may be
the Union Bank, in Boston, are hereby authorized to increase gaoo^ooo ^n
their present capital stock, by an addition thereto of two hun- shares of ';gioo.
dred thousand dollars, in shares of one hundred dollars each,
which shall be paid in such instalments as the President and
Directors of said bank may determine: provided the whole Provided, &c.
amount shall be paid in on or before the first Monday in
January next.
Section 2. The additional stock aforesaid, when paid Liabilities of
into said bank, shall be subject to the like tax, regulations, !J'J^|''^^s^^ *=»?■
restrictions, and provisions, to which the present capital stock
of said corporation is now subject.
Section 3. Before said corporation shall proceed to do Certificate, &c.
business upon said additional capital, a certificate, signed by '° ^^ returned
the President and Directors, and attested by the cashier, tary.
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the Secretary of the
Commonwealth. [Appjoved by the Governor, Ajjril 21,
1847.]
An Act to incorporate the Goodman Paper Manufacturing Company. ^i 01 Q
BE it enacted by the Senate and House of Representa- "
fives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Josiah W. Goodman, Jeremiah Wells, Samuel persons incor-
Judd, their associates and successors, are hereby made a porated,
corporation, by the name of the Goodman Paper Manufac-
turing Company, for the purpose of manufacturing paper in to manufacture
the town of South Hadley, county of Hampshire, with all paperin South
the powers and privileges, and subject to all the duties, re- ^ ^^'
strictions, and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purpose aforesaid, exceed 530,000.
not exceeding in amount thirty thousand dollars. [Ajjpjoved
by the Governor, April 21, 1847.]
An Act to incorporate the Massachusetts Health Insurance Company. ^1 01/
BE it enacted by the Senate and House of Representa- V
iives, in General Court assembled, and by the authority of
the same, as folloios :
Section 1. Charles W. Cartwright, Holmes Hinckley, Persons incor-
Abraham O. Bigelow, their associates and successors, are pora'ed in Bos-
hereby created a corporation, by the name of the Massachu- Surance"'upon^^'
setts Health Insurance Company, to be established in the health.
city of Boston, for the purpose of making assurance upon
442
1847.-
-Chap. 214.
Governor and
council to ap-
prove terms of
policies.
Capital stock
not to exceed
^50,000 in
shares of ^23,
to be paid in
instalments,
&c. with secu-
rity, &.C.
Onl^' owners of
stock to be in-
sured, till 400
shares have
been subscribed,
&c.
Investment of
capital stock.
Real estate not
to exceed
510,000.
Dividends, &c.
health, with all the powers and privileges, and subject to all
the duties and liabilities, contained in the forty-fourth chap-
ter of the Revised Statutes, so far as the same may be appli-
cable to this corporation : provided, however, that the terms
and conditions of its policies shall be approved by the Gov-
ernor and council.
Section 2. The capital stock of said corporation shall
not exceed fifty thousand dollars, and shall be divided into
shares of twenty-five dollars each; and there shall be paid
into the treasury of said corporation, by each subscriber to
the capital stock, at the time of subscription, an instalment
of five dollars on each share of the stock by him subscribed,
and the remaining twenty dollars on each share so subscribed,
shall, within thirty days from the time of said subscription,
be secured to be paid, either by mortgage on real estate, or
by such endorsed promissory notes as shall be approved by
the directors of said corporation, and shall be payable in
thirty days after a demand shall have been made in two daily
newspapers, published in the city of Boston ; or the same may
be made payable in regular instalments, at stated periods, at
the discretion of the directors.
Section 3. The said corporation shall have power to in-
sure the health of such persons only as are, or may become,
subscribers to the capital stock, until four hundred shares
have been subscribed for, and the instalment aforesaid has
been actually paid in, and the residue of such subscriptions
has been secured to be paid in the manner stated ; but, after
the said four hundred shares of said stock have been sub-
scribed for and paid in, or secured as required, the said cor-
poration may exercise all the powers and privileges conferred
by this act.
Section 4. The capital stock of this corporation shall be
invested, at the discretion of the directors, either in loans
upon bonds, and mortgages, on unincumbered real estate, of
the value of at least fifty per cent, more than the amount
lent thereon, or in stocks of the United States, or of the
Commonwealth of Massachusetts, or of any city, or of any
bank in this Commonwealth, or in loans to towns in this
Commonwealth. The said corporation may hold real estate
to an amount not exceeding ten thousand dollars, for the
purpose of securing suitable ofiices for the institution.
Section 5. The directors of said corporation shall, on the
first Monday of June, annually, cause a statement to be
made, and a balance struck, of the aff"airs of said corporation ;
and, if there shall be any ascertained profits, after paying all
the losses and expenses of the year preceding, and providing
for outstanding risks, they shall first set apart from said
profits, and divide among the stockholders, a sum, not ex-
ceeding an interest of six per cent, per annum, on the
amount of capital stock actually paid in, on the stock held
1847. Chap. 214. 443
by them, if so much remain after paying said losses and ex-
penses, and providing for said risks ; and, in case of said
dividend not being paid in any one year, it may be made
good at a subsequent period, when the net resources of the
corporation shall be sufficient for the purpose.
Section 6. After providing for risks, losses, incidental Appropriation
expenses, and dividends, as specified in the preceding section, remaining*""*'
one half of the remaining profits, if any there be, shall be profits,
reserved by the directors, and applied towards the payment
of the capital stock which shall have been subscribed before
the striking of the balance of the affairs of said corporation,
as aforesaid; and the other moiety of said remaining profits
may be divided among the stockholders and the insured,
one half among the stockholders, the other half among the
insured : pjovided^ however^ that said annual dividends, appli- Surplus of prof-
cations of payments on capital stock, and divisions of profits cenrfo iTui!'
among stockholders, shall never exceed ten per cent, per vided among
annum on the capital stock actually paid in ; but such surplus '^^ msu^ed.
of profits over ten percent., if any, shall be divided among the
insured. But no dividend whatever shall be made, whereby capital stock
the capital stock of said corporation, subscribed for and "°' *^ ''^ •■«■
paid in, shall be reduced or impaired.
Section 7. All dividends remaining unpaid, more than Unpaid divi-
one year after the same have been declared, shall be adver- '^^"*?^ ^" \^ ^^'
tised, by publishing the amount thereof, and the names of '
the persons entitled thereto, for at least three weeks, in two
daily newspapers, published in Boston.
Section 8. The directors shall have power to require Subscribers
every person, subscribing to the stock of said corporation, to "Jj*^' be reqmr-
effect insurance therein, either upon his own health or upon surance, &c.
the health of some other person, for such length of time as
they shall prescribe ; and every person effecting insurance
in said corporation shall have the privilege of subscribing
for at least one share of said stock, until the whole number
of shares authorized by this act shall be taken up. But in-
surances may be made and risks taken by said corporation,
at the request of applicants, without their becoming stock-
holders.
Section 9. Suits at law may be maintained by any stock- Corporation
holder, or person insured, against said corporation, for losses ^^y ^e sued,
or damages insured against by them, if payment shall be
withheld more than thirty days after the same shall be due
and payable by the terms of the policy of insurance, and
after the said corporation shall have been duly notified of
such loss or damage. And no stockholder, or person in-
sured, not being, in his individual capacity, a party to such
suit, shall be deemed incompetent as a witness.
Section 10. On some day within the first thirty days Balance-state-
after the expiration of two years from the time when the mentstobe
said company shall issue they: first policy, and within the fi'ed^fimesfex-'
first thirty days after the expiration of every subsequent hibiting—
444
1847.-
»Chap. 214—216.
1. amount of
premiums and
interest ;
2. amount of
expenses j
3. amount of
losses ;
4. balance in
hand ;
5. nature of se-
curity, amount
of cash, &c.
Copies to be
transmitted to
the Secretary
of the Common-
wealth (or the
Legislature.
Risks not to be
taken on lives,
&c.
Nor more than
S4m annually,
on a risk.
When to take
effect.
Chap2\5.
Persons incor-
porated,
to dig, saw, and
work marble in
Piltsfield.
Estate not to
exceed
;glOO,000.
Chap2ie.
Persons incor-
porated, to in-
quire into and
remove the
causes of pau-
perism, &c.
period of three years, the directors of said company shall
cause to be made a general balance-statement of the affairs
of said company, which shall be entered in a book, prepared
for such purpose: such statement shall contain, 1st, the
amount of premiums received during the said period, and the
amount of interest received from investments and loans ; 2d,
the amount of expenses of the said company during the same
period; 3d, the amount of losses incurred within said term ;
4th, the balance remaining with said company ; 5th, the
nature of the security in which the said balance is invested,
and the amount of cash on hand, and some account of the
existing policies. The president of the company shall,
within thirty days after said statement is completed, trans-
mit a copy thereof, signed and sworn to by the presi-
dent and a majority of the directors, and also by the treas-
urer, actuary, or secretary, to the Secretary of the Common-
wealth, to be by him laid before the Legislature.
Section 11. Nothing contained in this act shall be so
construed as to authorize said company to engage in life
insurance, or any thing save assurance upon health. Nor
is it permitted to insure more than four hundred dollars per
annum on any one risk.
Section 12. This act shall take effect from and after its
passage. [Approved by the Governor, April 21, 1847.]
An Act to incorporate the Berkshire Blarble 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 :
Section 1. Abial Piatt, Henry Mead, William D. B.
Linn, their associates and successors, are hereby made a
corporation, by the name of the Berkshire Marble Com-
pany, for the purpose of digging, sawing, and working
marble, in the town of Pittsfield, 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.
Section 2. Said corporation may hold real and personal
estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount one hundred thousand dollars.
[Approved by the Governor, April 21, 1847.]
An Act to incorporate the Boston Society for the Prevention of Pauperism.
BE it enacted by the Senate and House of Representa-
tives, in Getieral Court assembled, and by the authority of
the same, as follows :
Section 1. Moses Grant, Thomas Tarbell, Isaac Means,
their associates and successors, are hereby made a corpora-
tion, by the name of the Boston Society for the Prevention
of Pauperism, for the purpose of inquiring into and remov-
1847. Chap. 216—218. 445
ing the causes of pauperism, and the discouragement of
street beggary, by obtaining and communicating informa-
tion about applicants for charity, and aiding them to obtain
employment, with all the powers, and subject to all the
duties and liabilities, set forth in the forty-fourth chapter of
the Revised Statutes.
Section 2. Said corporation may take and hold real Real estate not
estate, not exceeding the value of ten thousand dollars, and 0'10'ooo^and
personal estate not exceeding the value of ten thousand personal'
dollars, for the aforesaid charitable purposes. [Approved ^^^^'^^^^
by the Governor, April 21, 1847.] ' '
An Act relating to the Hampshire and Franklin Rail-road Company, and the Chrtn^Xl ,
Mount Holyoke Rail-road Company. "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by tlte authority of
the same, as follows :
Section 1. The time fixed for the filing of the location Time for filing
of the road specified in the fourth section of an act, entitled o7Mo°nt°Ho?y-
" An Act to incorporate Mount Holyoke Rail-road Com- oke Rail-road
pany," approved on the twenty-seventh day of March, in Hampshire and
the year one thousand eight hundred and forty-six, is here- Hampden,
by extended to the first day of June next. And the said and, in case of
Mount Holyoke Rail-road Company, or the said Hampshire a union, of that
and Franklin Rail-road Company, provided the two com- betweenHocka-
panies shall have been united, are hereby authorized to file num and Wiiu-
the location of that part of their road between Hockanum ^^to^junri" "
and Willimanset, at any time between the passage of this 1847.
act and the first day of June next.
Section 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 22, lSi7.\ ^^^'^^'
An Act concerning Uninclosed Lands in the Island of Nantucket. ChdV^lS
BE it enacted by the Senate and House of Representa-
tives, in Getter al Court assembled, and by the authority of
the same, as follows :
The proprietors and owners of the uninclosed. lands, in Powers and du-
the island of Nantucket, held in severalty, so long as the J'es of propne-
,,, . ., T 1111 ° ■ tors and owners.
same shall remain uninclosed, may hold regular meetings,
from time to time, for the purpose of managing their inter-
ests and concerns in such lands, and shall have all the
powers, and be subject to all the duties and liabilities, given
and imposed in the forty-third chapter of the Revised Stat-
utes, in reference to general fields, except the power to in-
close said lands by a common fence. [Approved by the Gov-
ernor, April 22, 1847.]
57
446 1847. Chap. 219—222.
C/Afl2?219 -^^ -^^^ ^° continue in force "An Act to incorporate the Fall Eiver Institu-
■t^ * tion for Savings."
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, a?id by the authority of
the same, as folloios :
Incorporation The act passed on the eleventh day of March, in the
continued with- yg^j, eighteen hundred and twenty-eight, entitled "An
out limitation. -' .° , t-i n t.- -t ■ • r o. • ii
Act to incorporate the h all Kiver Institntion tor feavings,
shall be and remain in force, without limitation as to a
term of time; and said institution shall be continued as a
corporation, with all the powers and privileges, and subject
to all the duties, liabilities, and restrictions, set forth in the
thirty-sixth chapter of the Revised Statutes, and in all
other laws of this Commonwealth relating to savings banks
and institutions for savings. {Approved by the Governor,
April 22, 1847. J
r^hnn^^O "^^ ^'^^ concerning a Bridge in Palmer.
BE it enacted by the Senate and House of Representa-
Repeai of law ii^q^, ill General Court assembled, and by the authority of
den County the Same, as jollows :
commissioners q-^g £^(,t entitled "An Act relating to the Three Rivers
ameiid%nd Bridge, in Palmer," passed March the sixth, in the year
sustain the Qj^g thousaud eight hundred and thirty-five, is hereby re-
cou^ty'sex. pealed. [Approved by the Governor, April 22, 1847.]
pense.
/-YL „„221 ^^ ^^"^ ^'^ incorporate the Chelsea 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 :
Persons incor- L. H. Chandler, David W. Smith, Jesse Gould, their as-
^rV^'^toi sociates and successors, are hereby made a corporation, by
sure fire risks in the name of the Chelsea Mutual Fire lusurance Com ^any,
for28'*'S'on ^° ^® established in the town of Chelsea, for the term of
themumai"'"" twcuty-eight years, for the purpose of insuring dwelling-
principle, houses and other buildings, and personal property, through-
out this Commonwealth, against loss by fire, with all the
powers and privileges, and subject to all the duties, liabili-
ties, and restrictions, set forth in the thirty-seventh and
forty-fourth chapters of the Revised Statutes, and all other
laws of the Commonwealth, made or to be made, relating
to such corporations. [Approved by the Governor, April 22,
1847.]
C^flp222. ^"^ -A^cT to incorporate the Wilmington 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 :
Persons incor- SECTION 1. Henry Carter, James Pratt, Joseph Bond,
porate , their associatcs and successors, are hereby made a corpora-
1847. Chap. 222—224. 447
tion, by the name of the Wilmington Steam Mill Company,
for the purpose of grinding gram and plaster, sawing and to grind grain
manufacturing lumber, and furnishing steam-power for sawaliTmanu-
manufacturing and mechanical purposes, in the town of facture lumber,
Wilmington, county of Middlesex, with all the powers and and furnish
• 1 ° 1 1 • . . 11 1 1 • X ■ .• J steam-power, m
privileges, and subject to all the duties, restrictions, and Wilmington,
liabilities, set forth in the thirty-eighth and forty -fourth
chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purposes aforesaid, ^"^^qqq
not exceeding in amount twenty-five thousand dollars. '
[Approved by the Governor, April 23, 1847.]
Chap 223.
An Act to extend the Time for locating and constructing the Watertown
Branch Rail-road.
BE it enacted by the Senate atid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The time fixed for filing the location of the Time for filing
rail-road, specified in the second section of an act entitled 'x*tended°to'^°^'*
" An Act to establish the Watertown Branch Rail-road," Augusti6,i847.
approved on the sixteenth day of April, in the year one
thousand eight hundred and forty-six, is hereby extended
beyond the sixteenth day of April, in the year one thousand
eight hundred and forty-seven, for the further term of four
months.
Section 2. The time fixed in said act for constructing Time for com-
said rail-road, is also hereby extended for the term of four elaended^o"^*^'
months beyond the time limited in said act. August 16,1848.
Section 3. The Fitchburg Rail-road Company, who have, Road may be
under the powers conferred bv said act, assumed the con- ip^ated in sec-
. J ' tions
struction of said rail-road, are hereby authorized to locate
said rail-road in sections; and all forfeitures that have been Remission of
or may be incurred by an omission to locate said road, or 'o'^'enures.
any part thereof, within the time specified in the act herein
referred to, are hereby remitted, and said act shall continue
in full force : -provided, however, that said act shall become Pr<mded,6cc.
void, and the privileges thereby conferred cease, if the location
and construction of the whole of the said rail-road, as far
as its western terminus, shall not be completed within the
times as respectively extended by this act. [Approved by
the Governor, April 23, 1847. J
Chap 224>.
An Act to prevent Obstructions in the Streets of Cities, and to regulate
Hackney Coaches and other Vehicles.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The mayor and aldermen of any city in this Mayor and ai-
Commonwealth shall have power, from time to time, to ?uieTand°oS3
make and adopt such rules and orders, as to them shall for regulation "
of veiiicles, &c.
448
1847.-
■Chap. 224.
Provided, &c.
Penalties for
violation of
such rules and
orders,
to be recovered,
&c.
Provided, &c.
Repeal of pre-
vious acts and
parts of acts.
Provided, &c.
appear necessary and expedient, for the due regulation, in
such city, of omnibuses, stages, hackney coaches, wagons,
carts, drays, and all other carriages and vehicles whatso-
ever, used or employed wholly, or in part, in such city,
whether by prescribing their routes and places of standing,
or in any other manner whatsoever, and whether such car-
riages and other vehicles, as aforesaid, are used for burden
or pleasure, or for the conveyance of passengers or freight,
or otherwise, and whether with or without horse or other
animal power : provided, that nothing contained in this act
shall be construed to abridge or impair the rights of cities
to make such by-laws and regulations, touching the sub-
jects above provided for, as they now possess by virtue of
their charters or the amendments thereof.
Section 2. The mayor and aldermen of any city may
annex penalties for the violation of any such rules and
orders as are authorized in the first section, not exceeding
twenty dollars in any one instance, which penalties may be
recovered for the use of the city by complaint before the
police court of such city, or any justice of the peace in a
city where no police court is established : provided, that no
such rule or order shall take effect, or go into operation,
until the same shall have been published at least one week
in some newspaper printed in such city, or the county
within which such city is included.
Section 3. The act entitled " An Act for regulating
Hackney Coaches in the Town of Boston, and to repeal an
Act heretofore made for that purpose," passed November
the twenty-fifth, in the year one thousand seven hundred
and ninety-six; the seventh section of an act, entitled "An
Act to regulate the Paving of Streets in the town of Boston,
and for removing Obstructions in the same," passed on the
twenty-second day of June, in the year one thousand seven
hundred and ninety-nine, and all that part of the fifth sec-
tion of the same act which relates to the driving of any
horse or cart, or any wheel carriage of burthen or pleasure,
or the wheeling of any wheelbarrow on the foot-walk of
any street in Boston ; the second and third sections of an
act, entitled " An Act in addition to the several Acts now in
force to regulate the Paving of Streets in the town of Bos-
ton, and for removing Obstructions in the same," passed on
the nineteenth day of June, in the year one thousand eight
hundred and nine, are hereby repealed : provided, that
nothing herein contained shall be construed as reviving
any acts repealed in any of the acts herein referred to.
{^Approved by the Governor, April 23, 1847.J
1847. Chap. 225—227. 449
An Act to incorporate the Naukeag Manufacturing Company. Chttt) '2.'2-5
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Section 1. Jacob Osgood, Elbridge Stimson, Charles Persons incor-
Osgood, their associates and successors, are hereby made a p°^^^^^>
corporation, by the name of the Naukeag Manufacturing
Company, for the purpose of manufacturing cotton goods, to manufacture
in the town of Ashburnham, county of Worcester, with all Ashburnham.'"
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.
Section 2. Said corporation may hold real and personal Estate not to
estate, necessary and convenient for the purpose aforesaid, ^''g'oooo
not exceeding in amount eighty thousand dollars. [Ap-
proved by the Governor, April 23, 1847.]
An Act concerning Taxes on the Real Estate of Deceased Persons. CllQV ^'26,
BE it enacted by the Scfiate a?id House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Whenever, at the time of assessment of any tax, the Taxes assessed
right or title to the real estate of any person deceased shall before 'the tame
be doubtful or unascertained by reason of any litigation is vested in
concerning the will of such deceased person, or the validity aTe^n^n'^sa^d*'^
thereof, the said real estate may be assessed in general estate, and coi-
terms to the estate of such person deceased ; and said tax jf *^'^*^ ^y ^^^^>
shall constitute a lien upon the land so assessed, which lien
may be enforced by the sale of the same, or any part there-
of, in the manner now, by law, provided for enforcing such
liens for taxes on real estate. [Appioved by the Governor,
April 23, 1847.]
An Act to incorporate the "Woolen Steam Mill Company. OAff/?227.
BE it enacted by the Senate and House of Representa-
tives, in Geyieral Court assembled, and by the authority of
the same, as follows :
Section 1. Abiel S. Lewis, Richard Williams, William Persons incor-
G. Lewis, their associates and successors, are hereby made P°''^'^ '
a corporation, by the name of the Woolen Steam Mill
Company, for the purpose of manufacturing woolen goods, to manufacture
and goods composed of wool mixed with other materials, ^c^'nifoTbl^ry
in the city of Roxbury, county of Norfolk, with all the
powers and privileges, and subject to all the duties, restric-
tions, and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Section 2. Said corporation may, for the purpose afore- Real estate not
said, hold real estate, not exceeding in value fifty thousand *^5o'ooo''and
dollars, and the whole capital stock shall not exceed two capital stock
hundred thousand dollars, [Approved by the Governor, S^oo^ooo.
April 23, 1847.]
450
1847.-
•Chap. 228—230.
Chap 22S.
Annual salaries
of Registers of
Middlesex, Es-
sex, and Wor-
cester, $1,500;
of Bristol, S750;
of Norfolk.
S700 ; of Ply-
mouth, $650; of
Berkshire and
Hampden,
S550; of Hamp-
shire, $450 ; of
Franklin, $425.
Payable quar-
terly.
Repeal of in-
consistent pro-
visions.
When to take
effect.
Chap 229.
An Act to establish the Salaries of certain Registers of Probate.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The several registers of probate herein named
shall receive for their services an annual salary, as follows :
The registers for the comities of Middlesex, Essex, and
Worcester, each the sum of fifteen hundred dollars. The
register for the county of Bristol, the sum of seven hundred
and fifty dollars. The register for the county of Norfolk,
the sum of seven hundred dollars. The register for the
county of Plymouth, the sum of six hundred and fifty
dollars. The registers for the counties of Berkshire and
Hampden, each the sum of five hundred and fifty dollars.
The register for the county of Hampshire, the sum of four
hundred and fifty dollars : and the register for the county
of Franklin, the sum of four hundred and twenty-five
dollars.
Section 2. The said salaries shall be paid in quarterly
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 year.
Section 3. All laws inconsistent with the provisions of
this act are hereby repealed.
Section 4. This act shall take effect from and after the
first day of April, in the year one thousand eight hundred
and forty-seven. [Apj^roved by the Governor, April 23,
1847.J
An Act concerning the Board of Health 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 follows :
city TOuncii per- ^^'^Q sccoud scction of the twcuty-first chapter of the
form the duties Reviscd Statutes is hereby repealed. [Ajjproved by the Gov-
heahhT/p'eatd. emor, April 23, 1847.]
Chap230» -^^ ^^"^ ^'^ addition to " An Act to incorporate the Proprietors of the South
' Congregational Meeting-house in Lowell."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the sa?ne, as follows :
The proprietors of the South Congregational Meeting-
house, in Lowell, are hereby authorized to lay further as-
sessments upon their shares : provided, that the amount of
all their assessments shall not exceed one hundred dollars
on each share. [Approved by the Goverfior, April 23, 1847.]
Proprietors to
assess upon
shares not ex-
ceeding $100.
1847. Chap. 231. 451
An Act to incorporate the Trustees of the Bixby Donation Farm for the sup- QJidp 231 .
port of a Gospel Minister, or Ministers, in the town of Topsfield, of the "
Congregational Denomination.
BE it enacted by the Seriate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follon's :
Section 1. The Congregational parish in the town of Notiess than
Topsfield may, within two months from the passage of this lJarfi"°JuuT
act, elect not less than three, nor more than five persons, tees to be elect-
members of said parish, who, with their successors, shall ®*^' '^*=-
thereafter be constituted a body corporate, by the name of
the Trustees of the Bixby Donation Farm, for the support
of a gospel minister, or ministers, in the town of Topsfield,
of the Congregational denomination.
Section 2. The said parish shall choose, once in seven Trustees to be
years, in the months of March or April, beginning in the year chosen every
one thousand eight hundred and forty-eight, said board of &c!" ^^^"'
trustees, who shall hold their offices during said term of
seven years, and until others are chosen in their stead ; and Vacancies to
all vacancies happening during said term, by death, resig- ^^rfsif '^ ^^ ^^^
nation, ceasing to be members of said parish; or otherwise,
shall be filled by said parish, at a legal meeting called for Majority of
that purpose ; and a majority of said trustees shall consti- s'^^uig'^a mio°""
tute a quorum for doing business. rum.
Section 3. The said trustees shall have the power to Trustees to
take and hold, and they shall take and hold, all that farm ^^evised'^st^at'l,
and estate devised to the selectmen of the town of Tops- apply income/
field by Daniel Bixby, late of said Topsfield, deceased, in &<=. according
1111 111 1 T-11 to provisions of
and by his last will and testament, and a codicil thereto, will, &c.
for the support of a gospel minister, or ministers, in said
Topsfield, of the Congregational denomination, subject to
all the restrictions and trusts mentioned in said will ; shall
apply the income and profits thereof, according to the direc-
tions in said will and codicil, and shall hold and administer
said estate, in all respects, according to the terms, provi-
sions, and directions, of said will and codicil, except that
said trustees shall not be accountable to said town of Tops- Trustees nm to
field, and shall not be required to make any reports of their J^^ ,own o*!"*^^'^
doings to said town ; but shall be accountable to said parish, Topsfield, but to
and shall make all such reports to said parish, annually or the parish, &c.
oftener, as, by the terms of said will, were required to be
made to said town. In all other particulars, said trustees
shall take the place of said selectmen, and shall perform
and discharge all the duties, and be subject to all the liabili-
ties, of the said selectmen, as provided for in and by said
will and codicil.
Section 4. The power given in and by this act may, at Legislature
any time, be altered, annulled, or repealed, at the pleasure repeaVpowers
of the Legislature. [AjJproved by the Governor^ April 23, hereby granted.
1847.]
452 1847. Chap. 232—234.
ChcLD '23*2: -^^ -^^"^ '° incorporate the American Patent Sail Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- SECTION 1. William Aspinwall, Augustus Aspinwall,
porated, Elbridge Brown, their associates and successors, are hereby
made a corporation, by the name of the American Patent
to manufacture Sail Company, for the purpose of manfacturing storm-sails,
^orm-saiis, in j^ that part of the city of Boston called East Boston, coun-
°'^°°' ty of Suffolk, with all the powers and privileges, and sub-
ject to all the duties, restrictions, and liabilities, set forth in
the thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Real estate not SECTION 2. Said corporation may, for the purpose afore-
$50,ooo!and s^id, hold real estate, not exceeding in amount, fifty thou-
capitai slock saud dollars, and the whole capital stock shall not exceed
$200,000. . j^^Q hundred thousand dollars. [Approved by the Gov-
ernor, April 23, 1847.]
r'hnn^'^'^ An Act to continue in force " An Act to incorporate the Norfolk Mutual
l^nU]JZ.OO, p.j,g 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 :
Incorporation The act to incorporate the Norfolk Mutual Fire Insur-
Febmar'^12 ^^^^ Company, passed February the twelfth, in the year
1881?^'^"^ ' one thousand eight hundred and twenty-five, shall be and
remain in force for the term of twenty-eight years, from the
twelfth day of February, in the year one thousand eight
hundred and fifty-three, and the said corporation shall be
continued through that term, with all the powers and privi-
leges, and subject to all the duties, restrictions, and habili-
ties, set forth in the thirty-seventh and forty-fourth chap-
ters of the Revised Statutes, and all statutes subsequently
passed relating to mutual fire insurance companies. [Ap-
proved by the Governor, April 23, 1847.]
Chap 234^.
An Act to establish Regulations concerning the Harbor of Boston.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Anchorage to SECTION 1. No vcsscl which shall cast anchor in the
^e^ojijiyj^jhrn harbor of Boston, between India Wharf and Gray's Wharf,
cerain imi s. ^^^^^l auchor withiu fivc hundred feet of the line described
in the second section of an act, entitled "An Act to pre-
serve the Harbor of Boston, and to prevent Encroachments
therein," passed on the nineteenth day of April, in the year
one thousand eight hundred and thirty -seven ; and no vessel
which shall cast anchor between the easterly side of Lam-
son's Wharf and the easterly side of Tuttle's Wharf, at
1847. Chap. 234. 463
East Boston, shall anchor within five hundred feet of the
line described in the fifth section of "An Act concerning
the Harbor of Boston," passed the seventeenth day of March,
in the year one thousand eight hundred and forty, unless -Prowderf, &c.
for the purpose of hauling in, as soon as practicable, to
some wharf in said harbor, or unless compelled to do so by
reason of stress of weather or unavoidable casualty ; and,
for every offence against either of the foregomg provisions. Penalty after
after having been notified thereof by the harbor-master °°"*^^"
who may be appointed as hereinafter mentioned, or by any
party aggrieved, the master, commander, or owners of such
vessel, shall be subject to a penalty not exceeding twenty-
five dollars.
Section 2. The master, commander, or owners, of every Trim of vessels
vessel, shall, as soon as practicable, after having hauled to ^twharves.
the end of any wharf that extends to the channel in said
harbor, cause her lower yards to be cockbilled, and her jib-
boom to be rigged in, so that the said jib-boom may not
annoy any other vessel or vessels going in or out of the
adjoining docks; and the lower yards and jib-boom shall
be kept so arranged while such vessel lies at the end of the
wharf as aforesaid, and until she is preparing immediately
to leave her berth ; and for every offence against any of the Penalty,
provisions in this section, the master, commander, or own-
ers, or either of them, of such vessel, shall be subject to a
penalty not exceeding ten dollars.
Sf:cTioN 3. No person shall throw or deposit in said har- Penalty for de-
bor, or any part thereof, any stones, gravel, ballast, cinders, ^c^-nfaM""'
ashes, dirt, mud, or other substances, which may, in any hari)or.
respect, tend to injure the navigation thereof; and whoever
shall offend against the provisions of this section shall be
subject to a penalty not exceeding fifty dollars.
Section 4. No warp or line shall be passed across the Regulations of
mouth of any slip, for the purpose of hauling a vessel by warps and lines,
said slip, before the vessel shall be within one hundred feet
of said slip, if the owners or occupants thereof object, un-
less the harbor-master, who may be appointed as herein-
after mentioned, shall have decided it to be necessary; and
for every offence against this provision, the master, com- Penalty,
mander, or owners of such vessel, shall be subjected to a
penalty not exceeding five dollars.
Section 5. The city council of the city of Boston may, The city coun-
if they shall deem it expedient, annually appoint, by con- ajL'"a^^ ^"""a
current ballot in each board, a harbor-master for the port of harbor-master
Boston, who shall hold his office for one year, and until by concurrent
vote uCC
another shall be appointed in his place, or until he shall be '
removed by said city council ; and, before entering upon
his office, he shall give bond to the said city, with sufficient who shall give
sureties, to the satisfaction of the mayor and aldermen, in bond, &.c.
the penal sum of two thousand dollars, conditioned for the
68
454
1847.-
■Chap. 234—235.
and may ap-
point a deputy,
&c.
His compensa-
tion.
His duties and
authority.
Recovery of
penalties.
When to take
effect.
faithful discharge of the duties of said office ; and in case of
the sickness or disabihty of the said harbor-master, he may-
appoint a deputy, subject to the approval of said mayor and
aldermen, to perform his duties during such sickness or
disability; and said harbor-master shall be allowed and
paid quarterly, out of the city treasury, such salary for his
services as said city council shall, from time to time, estab-
lish.
Section 6. It shall be the duty of the said harbor-mas-
ter to enforce the execution of the several provisions of this
act, and of all other laws of the Commonwealth relating,
in any way, to said harbor, and to prosecute all violations
of such laws and ordinances, and to take all lawful meas-
ures to prevent the doing of any act by which the flow of
the tides, or the force, direction, or depth, of the current
into, out of, or through the said harbor may, in any degree,
be injuriously aftected. And said harbor-master shall also
have authority so to regulate the anchorage of vessels, that,
as far as may be practicable, ferry-boats may pass unob-
structed, and the channel shall be kept clear from the
wharves to Castle Island.
Section 7. All said several penalties may be recovered
by complaint before the poHce court of the city of Boston,
or by indictment, for the use of the said city.
Section 8. This act shall take effect on and after the
first day of July next. [App7'oved by the Governor^ Ai)ril
23, 1847.]
Chap 235.
Jurisdiction
ceded for light-
houses, &c.
Provided, that
the Common-
weallh retains
concurrent ju-
risdiction, so far
that, &c.
An Act ceding to the United States jurisdiction over a Ledge of Rocks lying
off the Island of Cuttyhunk, and over a lot of land in Fairhaven.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same^ as follows :
Section I. Jurisdiction over a ledge of rocks, lying off"
the southwest side of the island of Cultyhunk, one of the
Elizabeth Islands, called the Sow and Pigs, and over a lot
of land not exceeding one quarter of an acre, situate near
the Old Fort, above high-water mark, in the town of Fair-
haven, upon which the United States coast surveyors have
recently erected a temporary beacon, said one quarter of an
acre to be laid out so that the rock on which said beacon is
placed may be as near the centre of said land as possible,
is hereby granted to the United States of America, for the
purpose of erecting thereon, or placing over the same, light-
houses, beacons, or light boats : provided, that this Com-
monwealth shall retain, and does hereby retain, concur-
rent jurisdiction, with the United States, in and over said
ledge of rocks and over said lot of land, so far that all civil
and criminal processes issued under the authority of this
Commonwealth, or any officer thereof, may be executed on
1847. Chap. 235—238. 455
any part of said ledge of rocks, and on any part of said lot
of land, or in any building which may be erected thereon, in
the same way and manner as if jurisdiction had not been
granted as aforesaid.
Section 2. The property over which jurisdiction is Property ex-
granted by this act, shall be exonerated and discharged "a"xSn'! '^^°"
from all taxes and assessments which may be laid or im-
posed under the authority of this Commonwealth, while
said ledge and land shall be used for the purpose of erect-
ing and maintaining light-houses, beacons, or light boats,
thereon.
Section 3. This act shall take effect from and after its ^\^^entotake
passage. [Approved by the Governor, Aj)ril 23, 1847.] ^ *^*'''
An Act lo incorporate the Essex Sugar Refinery. ChCLT) 236.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follotvs :
Section 1. John Somes, John L. Rogers, and William Persons incor-
Babson, Jr., their associates and successors, are hereby P°rated,
made a corporation, by the name of the Essex Sugar Re-
finery, for the purpose of manufacturing and refining sugar, to manufacture
in the town of Gloucester, county of Essex, with all the s,"gar^a"Giou-
powers and privileges, and subject to all the duties, restric- cester.
tions, and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal ^'"^^j "^foVooo
estate, necessary and convenient for the purposes aforesaid, ^^*^^* * '
not exceeding in amount eighty thousand dollars. [-Ap-
proved by the Governor, April 23, 1847.]
An Act establishing the Salary of the Messenger to the Governor and Qfiap 237.
Council. "
BE it enacted by the Senate and Mouse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
From and after the first day of January, in the year one Annual salary
thousand eight hundred and forty-seven, the messenger to fromf^^lryi
the governor and council shall receive a salary of eight 1847, &.c.
hundred dollars a year, to be paid quarterly, which said
sum shall be in full for all services rendered by him in said
office. [Approved by the Governor, April 23, 1847.]
Chap23S.
An Act to incorporate the Stoneham Branch Rail-road 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 :
Section 1. Solon Dike, John Hill, and Allen Rowe, their Persons incor-
associates and successors, are hereby made a corporation, po^ated,
by the name of the Stoneham Branch Rail-road Company,
456
1847.-
■Chap. 238.
Location of
road.
Capital stock
not to exceed
$120,000 in
shares of ^100.
Time for loca-
tion and com-
pletion of road.
May enter upon
and use the
Boston and
Maine RaiJ-
load.
May transfer
property, &c.
to lioston and
Maine Rail-
road Company.
When to take
effect.
with all the powers and privileges, and subject to all the
duties, restrictions, and liabilities, contained in the forty-
fourth chapter of the Revised Statutes, and in that part of
the thirty-ninth chapter of said statutes relating to rail-road
corporations, and in all general laws which are now, or
may be hereafter, in force, respecting rail-roads in this
Commonwealth.
Section 2. The said corporation is hereby authorized to
locate, construct, and maintain a rail-road, commencing at
some suitable point in the village in Stoneham, and running
in a southerly direction, and on the easterly margin of Spot
Pond, to some convenient point of intersection with the
Medford Branch of the Boston and Maine Rail-road in
Medford.
Section 3. The capital stock of said corporation shall
consist of not more than twelve hundred shares, of one
hundred dollars each, the number of which shall be deter-
mined, from time to time, by the directors of said corpora-
tion ; and the said corporation may take, purchase, and
hold, such real estate on the line of said rail-road, and may
purchase and hold such cars, engines, and other personal
property, as may be necessary and convenient for the pur-
poses of their incorporation.
Section 4. If the said corporation be not organized, and
the location of its rail-road filed with the county commis-
sioners of the county of Middlesex, within one year from
the passage of this act, or if the said rail-road shall not be
constructed within three years from the passage of this act,
then the same shall be void.
Section 5. The said Stoneham Branch Rail-road Com-
pany may enter and unite their rail-road with the Boston
and Maine Rail-road Company's Branch Rail-road, at the
point of intersection therewith, 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
prescribed by the Legislature.
Section 6. The said corporation is hereby authorized
and empowered to transfer all its property, rights and privi-
leges, and franchise, under their charter, to the Boston and
Maine Rail-road Company ; and said Boston and Maine
Rail-road Corporation are hereby authorized to take, re-
ceive, 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 purpose, the Boston and
Maine Rail-road Corporation may increase their capital
stock by new shares, to an amount not exceeding one hun-
dred and twenty thousand dollars.
Section 7. This act shall take effect from and after its
passage. [Approved by the Governor^ April 23, 1847.J
1847. Chap. 239—240. 457
An Act to authorize the Essex Rail-road Company to construct Branches in Ch(lJ)'2.3d.
Salem and Danvers. ■*
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Essex Rail-road Company are hereby Location of
authorized to locate and construct a branch rail-road, com- ''^anchroad.
mencing on the Essex Rail-road, southerly of New Mills
River ; thence curving southeasterly, and running on the
northerly side of Water's River, to tide-water, near Matthew
Hooper's iron foundry, in Danvers.
Section 2. The said company are hereby authorized to Road to be ex-
extend their rail-road in Salem, from a point on the North tended m cer-
Kiver near the JNorth Bridge, easterly to some convenient
point near the Essex Bridge, or to some point on Salem
Harbor, on or near the wharf of Stephen C. Phillips, or near
the Hathorne Point, so called, or to some intermediate
point, as may be found most eligible and convenient.
Section 3. The said company are hereby authorized to
extend their rail-road, from a point on the North River near
the North Bridge, in a southerly direction through the tun-
nel constructed by the Eastern Rail-road Company, to a
point on the South River, near the depot of said Eastern
Rail-road Company; thence in an easterly direction to the
South River, at a point on or near the wharf of the Naum- with the consent
keag Steam Factory Company : jjrovided the said Eastern Rai/.road^Com-
Rail-road Company consent thereto, pany.
Section 4. In the location, construction, and use of the Powers and iia-
branches hereby authorized, said company shall have all ^'''^'^^•
the powers and privileges, and be subject to all the duties,
liabilities, and restrictions, contained in their act of incor-
poration, and in the forty-fourth chapter of the Revised
Statutes, and all general laws which are now, or may be
hereafter, in force, respecting rail-roads in this Common-
wealth.
Section 5. Said company, for the purposes herein au- Capital stock
thorized, may increase their capital stock in the sum of fifty ^cTL^addj^nr^'
thousand dollars : provided, that if said branches be not S^ofioo.
located within one year, and constructed within two years Time for loca-
from the passage of this act, the same shall be void. \Av- ti"n.a"dcom-
, , ' , ,° . .7no io<.~ 1 ^ ' pletion of
proved by the (jrovernor, April 23, lbi4./.\ branch roads.
An Act to incorporate the Waters' Cotton Mills Company. Chov 240.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. A. H. Waters, Thomas J. Harrington, Calvin Persons incor-
Barker, their associates and successors, are hereby made a p°'^^^^>
corporation, by the name of the Waters Cotton Mills Com-
pany, for the purpose of manufacturing cotton goods and
458
1847.-
■Chap. 240—241.
to manufacture machinery, in the town of Millbury, county of Worcester,
cotton goods ^^jfi^ ^11 i\-^Q 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.
Section 2. Said corporation may hold real and personal
estate, necessary and convenient for the purpose aforesaid,
not exceeding in amount one hundred thousand dollars.
[Approved by the Governor, April 23, 1847.]
An Act to incorporate the Essex County Health 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 :
Section 1. F. W. Choate, Stephens Baker, and Elliott
Woodbury, their associates and successors, are hereby made
a corporation, by the name of the Essex County Health
Insurance Company, to be established in the town of Bev-
erly, for the purpose of making assurances upon health, with
all the powers and privileges, and subject to all the duties
and liabilities, contained in the forty-fourth chapter of the
Revised Statutes, so far as the same may be applicable to
this corporation : provided, however, that the terms and
conditions of its policies shall be approved by the governor
and council.
Section 2. The capital stock of said corporation shall
not exceed fifty thousand dollars, and shall be divided into
shares of twenty-five dollars each ; and there shall be paid
into the treasury of said corporation, by each subscriber to
the capital stock, at the time of subscription, an instalment
of five dollars on each share of the stock by him subscribed,
and the remaining twenty dollars on each share, so sub-
scribed, shall, within thirty days from the time of said sub-
scription, be secured to be paid, either by mortgage on real
estate, or by such endorsed promissory notes as shall be
approved by the directors of said corporation, and shall he
payable in thirty days after a demand shall have been
made in some newspaper published in the county of Essex;
or the same may be made payable in regular instalments at
stated periods, at the discretion of the directors.
Section 3. The said corporation shall have power to
insure the health of such persons only as are or may be-
come subscribers to the capital stock, until four hundred
shares have been subscribed for, and the instalment afore-
said has "been actually paid in, and the residue of such
subscriptions has been secured to be paid in the manner
stated ; but after the said four hundred shares of said stock
have been subscribed for, and paid in or secured, as re-
quired, the said corporation may exercise all the powers
and privileges conferred by this act.
and machinery
in Millbury.
Estate not to
exceed
g 100,000.
Chap2U.
Persons incor-
porated ill Bev-
erly, to make
assurance upon
health.
Governor and
council to ap-
prove terms of
policies, &.C.
Capital stock
not to exceed
;g50,000, in
shares of Jg25,
to be paid in in-
stalments, &c.
with security.
Only owners of
stock to be in-
sured till 400
shares have
been sub-
scribed, &c.
1847. ^Chap. 241. 469
Section 4. The capital stock of this corporation shall be invesiment of
invested, at the discretion of the directors, either in loans *=ap"a' ^'o^k.
upon bonds and mortgages on unincumbered real estate, of
the value of at least fifty per cent, more than the amount
lent thereon, or in stocks of the United States, or of the
Commonwealth of Massachusetts, or of any city, or of any
bank in this Commonwealth, or in loans to towns in this
Commonwealth. The said corporation may hold real es- Real estate not
tate, to an amount not exceeding ten thousand dollars, for ^^•o^qqo'^
the purpose of securing suitable offices for the institution. '
Section 5. The directors of said corporation shall, on Dividends.
the first Monday in June, annually, cause a statement to
be made and a balance struck, of the affairs of said cor-
poration; and, if there shall be any ascertained profits,
after paying all the losses and expenses of the year preced-
ing, and providing for outstanding risks, they shall first set
apart from said profits, and divide among the stockholders,
a sum, not exceeding an interest of six per cent, per annum,
on the amount of capital stock actually paid in, on the
stock held by them, if so much remain after paying said
losses and expenses, and providing for said risks ; and in
case of said dividend not being paid in any one year, it
may be made good at a subsequent period, when the net
resources of the corporation shall be sufficient for the pur-
pose.
Section 6. After providing for risks, losses, incidental Division of re-
expenses, and dividends, as specified in the preceding sec- "gaining profits,
tion, one half of the remaining profits, if any there be,
shall be reserved by the directors and applied towards the
payment of the capital stock which shall have been sub-
scribed before the striking of the balance of the affairs of
said corporation, as aforesaid ; and the other moiety of said
remaining profits may be divided among the stockholders
and the insured, one half among the stockholders, the other
half among the insured: j)rovidcd, however^ that said an- Surplus profits
nual dividends, applications of payments on capital stock, °^'®'' ^ f;^"" ,.
and divisions of profits among stockholders, shall never ex- vided among
ceed eight per cent, per annum on the capital stock actually *^^ insured.
paid in ; but such surplus of profits over eight per cent., if
any, shall be divided among the insured. But no dividend Capital stock
whatever shall be made, whereby the capital stock of said |;o''oLiere.
corporation subscribed for, and paid in, shall be reduced or
impaired.
Section 7. All dividends remaining unpaid more than Unpaid divi-
one year after the same have been declared, shall be adver- ^'^'"^''^ d°& ^^'
tised, by publishing the amount thereof, and the names Qf ^" '*® '
the persons entitled thereto, for at least three weeks in some
newspaper published in the county of Essex, and, if not
called for within one year from the date of such an adver-
tisement, shall be forfeited to said corporation.
460
1847.-
-Chap. 241.
Subscribers
may be required
to effect insur-
ance, (fcc.
Corporation
may be sued,
&.C.
Balance-state-
ments to be
made at speci-
fied times, ex-
hibiting—
1. Amount of
premiums and
interest ;
2. Amount of
expenses;
3. Amount of
losses ;
4. Balance on
hand ;
5. Nature of
security,
amount of cash,
&c.
Copies to be
transmitted to
the Secretary
of the Com-
monweal ih for
the Legislature.
Risks not to be
taken on lives,
&-C.
nor more than
$400 on a risk.
When to take
effect.
Section 8. The directors shall have power to require
every person, subscribing to the stock of said corporation,
to effect insurance therein, either upon his own health, or
upon the health of some other person, for such length of
time as they shall prescribe; and every person effecting in-
surance in said corporation shall have the privilege of sub-
scribing for, at least, one share of said stock, until ihe
whole number of shares authorized by this act shall be
taken up. But insurances may be made, and risks taken,
by said corporation, at the request of applicants, without
their becommg stockholders.
Section 9. Suits at law may be maintained, by any
stockholder or person insured, against said corporation, for
losses or damages insured against by them, if payment
shall be withheld more than thirty days after the same shall
be due and payable by the terms of the policy of insur-
ance, and after the said corporation shall have been duly
notified of such loss or damage. And no stockholder or
person insured, not being, in his individual capacity, a
party to such suit, shall be deemed incompetent as a wit-
ness.
Section 10. On some day within the first thirty days
after the expiration of two years from the time when the
said company shall issue their first policy, and within the
first thirty days after the expiration of every subsequent
period of three years, the directors of said company shall
cause to be made a general balance-statement of the affairs
of said company, which shall be entered in a book pre-
pared for such purpose. Such statement shall contain,
fi^rst, the amount of premiums received during the said
period, and the amount of interest received fr(jm invest-
ments and loans ; second, the amount of expenses of the
said company during the same period ; third, the amount
of losses incurred within said term; fourth, the balance re-
maining with said company ; fifth, the nature of the security
in which the said balance is invested, and the amount of
cash on hand, and some account of the existing policies.
The president of the company shall, within thirty days
after said statement is completed, transmit a copy thereof,
signed and sworn to by the president and a majority of the
directors, and also by the treasurer, actuary, or secretary,
to the Secretary of the Commonwealth, to be by him laid
before the Legislature.
Section 11. Nothing contained in this act shall be so
construed as to authorize said company to engage in life
insurance, or any thing save assurance upon health ; nor is
it permitted to insure more than four hundred dollars per
annum on any one risk.
Section 12. This act shall take effect from and after its
passage. [Approved by the Governor, April 23, 1847.]
1847. Chap. 242. 461
An Act concerning "Weights, Measures, and Balances. C%ff2?242.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The several avoirdupois and troy weights and standard
balances, procured from the eovernment of the United States ^tL^'^'^J"^ k-
'1 o _ • 1 /• measures to be
for tliis Commonweahh, by the commissioners appomted lor kept by the
that purpose, in the year one thousand eight hundred and 'treasurer,
thirty-five, and also all weights, measures, and balances
that have since been received from the said government, for
the purpose of being used as standards, shall hereafter be
used as the sole authorized public standard of weights and
measures of this Commonwealth, and shall be in the care
and custody of the Treasurer of the Commonwealth.
Section 2. The said balances, weights, and measures. Description of
shall be preserved by the Treasurer, and used as public ^ ®*^™®"
standards, and are as follows, namely: one half bushel, one
wine gallon, one wine quart, one wine pint, one wine half-
pint, one yard measure; also, a set of avoirdupois weights,
consisting of fifty, twenty-five, twenty, ten, five, four, three,
two, one pounds, and from eight ounces down to one dram;
also, one set of troy weights, from five thousand pennyweights
down to half a grain, and from one pound down to the ten
thousandth part of an ounce : and three sets of balances.
Section 3. The seals, used by the various sealers of Description of
weights and measures, shall hereafter be as follows, to wit : seals of weights
by the Treasurer of the Commonwealth, and his deputy, the " '"•^ •■ •
letters C. M. ; by the county treasurers, the initial and final
letters of their respective counties, followed by the letters
Co.; by town and city sealers, the name of their respective
towns and cities, or such intelligible abbreviation thereof as
the selectmen of the towns, or the mayor and aldermen of
cities, may prescribe.
Section 4. Each sealer of weights and measures, includ- Fees of sealers.
ing the State deputy and county treasurer, shall receive a fee
of three cents for every weight, measure, scale, beam, or
balance, by him sealed, except platform-balances; and a
reasonable compensation for all repairs, alterations, and ad-
justments thereof, which maybe necessary for him to make.
Section 5. f^very sealer of weights and measures shall. Notices to be
in the month of May, annually, give public notice, as pro- g'venbyseaU
vided in the sixteenth section of the thirtieth chapter of the
Revised Statutes, for every inhabitant of his town or city,
who uses weights and measures for the purpose of buying
or selling, and for public weighers who have the same, to
bring in their measures, weights, balances, scales, and
beams, to be examined, adjusted, and sealed, and he shall
forthwith adjust and seal all weights and measures brought
to him for that purpose. And every person who shall pre- Penalties for
sume to sell by any other weights, measures, scales, beams, the use of un-
59
462
1847.-
-Chap. 242.
lawful weights,
&.C.
Trial of hay-
scales, &c.
Penalties for
using unap-
proved hay-
scales, &c.'
Trial of county
town and city
standards, &c.
Penalty for
neglect.
Description of
standard
weights, &c. to
be kept by
treasurers at
the expense of
counties and
towns.
or balances, than those which have been sealed as before
provided, or as provided in the following section, shall for-
feit and pay a sum not exceeding twenty dollars for every
such ofi'encc ; one half to enure to the use of the town or
city, the other half to the complainant.
Section 6. The sealers of every town and city shall go,
once in every year, to every hay-scale or platform-balance,
which cannot be readily removed, and try, adjust, and seal
the same, for which he shall be entitled to a fee of one dollar
and fifty cents for every such scale or platform-balance,
weighing five thousand pounds and upwards ; and for every
scale or platform-balance, weighing less than five thousand
pounds, he shall be entitled to a fee of fifty cents ; and all
repairs and alterations, which it shall be necessary for him
to make, shall be the subject of an additional charge. Any
person using such scale or platform-balance, in buying or
selling, that has not been so tried, adjusted, and sealed, at
least once in every year, shall be subject to the same forfeit-
ure as provided in the fifth section of this act, to be appro-
priated in the manner therein provided. And no sealer of
weights and measures, except for the purposes of this section,
shall carry his standard of weights, measures, and scales,
from one place to another, for the purpose of adjusting others
within the town or city.
Section 7. Every county treasurer shall, once at least in
every ten years, at the expense of the county, have the
county standards tried, adjusted, and sealed by the Treas-
urer of the Commonwealth or his deputy ; and every town
and city sealer shall, once at least in five years, at the ex-
pense of the town or city, have the town or city standards
tried, adjusted, and sealed by the treasurer of the county in
which the sealer resides, or by the Treasurer of the Com-
monwealth or his deputy. And every treasurer or sealer,
who shall refuse or neglect to have their standards sealed as
herein provided, shall forfeit, to the use of the Common-
wealth, a sum not exceeding fifty dollars.
Section 8. The treasurer of each county, and the treas-
urer of each town, shall keep, at the expense of such county,
city, or town, respectively, a complete set of the said weights,
measures, and balances, except the troy weight. Said
weights and measures shall be made of copper, cast brass,
or cast iron ; the weights of four pounds, and all under that
weight, to be made of brass ; the larger weights may be
made of iron ; and all to be turned and finished. The liquid
and dry measures shall be made of durable thickness, and,
if made of brass or iron, shall be turned inside, and on the
top edge or rim. The balances shall be made of brass, steel,
or iron, and, in all cases, the edges and bearings shall be of
hardened steel or agate. The dry measures to be made, in
form and dimensions, to conform to the aforesaid standard :
1 847 Chap. 242—243. 463
all to be proved, sealed, and marked, by said standard as
aforesaid.
Section 9. All acts and parts of acts, inconsistent with Repeal of in-
the provisions of this act, are hereby repealed, \^Approved "^^^lo^s^^ ^™"
by the Governor, April 23, 1847.]
An Act to incorporate the Cohasset and Scituate Branch Rail-road Company. QJidn 243.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. George M. Allen, Ezekiel Jones, Charles Persons incor-
Vinal, their associates and successors, are hereby made a pofa^ed.
corporation, by the name of the Cohasset and Scituate
Branch Rail-road 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 that part of the thirty-ninth chapter of said
statutes which relates to rail-road corporations, and all gen-
eral laws which are now, or may be hereafter, in force, re-
lating to rail-road corporations, in this Commonwealth.
Section 2. Said company may locate, construct, and Location of
maintain a rail-road, with one or more tracks, within the
towns of Cohasset and Scituate, m the counties of Norfolk
and Plymouth, commencing at the depot of the South Shore
Rail-road in Cohasset, and thence ruiming southeasterly,
through the towns of Cohasset and Scituate, through the
north part of Scituate, to some point near the Union School-
house, at Scituate Harbor, so called, in Scituate.
Section 3. The capital stock of said company shall con- Capital stock
sist of not more than seven hundred and fifty shares, the ^75^000*1^'^
number of which shall, from time to time, be determined by shares of ^100.
the directors of said company ; and no assessment shall be
laid thereon of a greater amount, in the whole, than one
hundred dollars on each share ; and said company may in-
vest and hold such parts thereof, in real and personal estate,
as may be necessary and convenient for the purposes of
their incorporation.
Section 4. If the location of said road be not filed, ac- Time for loca-
cording to law, within three years, or if said road be not pi'eUonljfroad
completed, with at least one track, within five years from
the passage of this act, then this act shall be void.
Section 5. Said company are hereby authorized to enter, May enter upon
with their rail-road, upon the South Shore Rail-road, at »"'* "^e the
their depot in Cohasset, and to use the same, or any part RaU-road?'^*
thereof, paying such toll therefor as may be mutually agreed
upon by the parties, or as may be prescribed by the Legis-
lature.
Section 6. The Legislature may authorize any company TheLegisia-
to enter, with another rail-road, upon, and use said Cohas- lhori^Ys*u"se
set and Scituate Branch Rail-road, or any part thereof, by by any other
company.
464 1 847. Chap. 243-.245.
complying with such reasonable rules and regulations as
the said Cohasset and Scituate Branch Rail-road Company
may prescribe, or as may be prescribed by the provisions of
law.
May transfer SECTION 7. Said Cohassct and Scituate Branch Rail-
fo°Crsfouih*'' r^^d Company may transfer and convey their rights, priv-
Shore Uaii-road ilegcs, property, and franchise, under this charter, to the
Corporation. g^^^^j^ gj^^^.^ R^il-road Corporation; and the said South
Shore Rail-road Corporation are hereby authorized to take,
receive, and hold the same, whenever a major part of the
stockholders of the two corporations, respectively, shall elect
so to do; and, for this purpose, the South Shore Rail-road
Corporation may increase their capital stock, by new shares,
to an amount not exceeding seventy-five thousand dollars.
The Legislature SECTION 8. The Legislature may, after the expiration of
may reduce tolls four years from the time when said rail-road shall be opened
four years. for use, from time to time, alter or reduce the rate of tolls or
Provided &c. profits upon Said road ; but said tolls or profits shall not be
so reduced, without the consent of said corporation, as to
produce less than ten per centum per annum upon the in-
vestment of said company.
When to take SECTION 9. This act shall take eflfect from and after its
* ^^^' passage. [Approved by the Governor^ April 23, 1847.]
CAffD244. An Act in addition to An Act to incorporate the Hartford and Springfield
" ' Rail-road Corporation.
BE it enacted by the Senate and Hotfse of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloins :
United corpo- SECTION 1. When the Hartford and Springfield Rail-road
take'iheTJme Corporation shall be uniied with the Hartford and New
ofiheHartiord Havcu Rail-Toad Company, according to the terms of the
and New Ha- u j>^^^ j^j addition to An Act to incorporate the Hartford and
venKail-road ^^ • /- i i t-i ■ ■ i ^^ ii i i
Company. Springfield Rail-road Corporation," |)assed on the twenty-
third of February, in the year one thousand eight hundred
and forty-four, and according to similar provisions of laws
heretofore enacted by the Legislature of the State of Con-
necticut, said united corporation shall be called the Hartford
and New Haven Rail-road Company.
Subject to the SECTION 2. The Said Corporation, so far as their road is
lawsofihis situated in Massachusetts, shall be subiect to the general
Commonwealth, , r ■< ■ r^ i i ^ • r i ■
sofar, &,c. laws of this Commonwealth, to the same extent as it their
road were wholly therein. [Approved by the Governor, April
23, 1847.]
Qh(in^X5. ■^'^ -^^"^ concerning the First Methodist Episcopal Society in the Town of
BE it enacted by the Senate and House of Representa-
tives, iti General Court assembled, and by the authority of
the same, as follows :
Justices of S.J. The Justices of the Supreme Judicial Court, sitting in
Court, sittiug in Chancery, may pass any such decree or order, as the just
1847. Chap. 245—246. 465
and equitable rights of all the parties interested may require, Chancery may
touching the payment or distribution of the funds which 'il"^^ ^''^ ^^\
, 1 -11 im ri-n- aer trie pnymeni
have been or may be received by the 1 rustees ot the l* irst or disinbuuoa
Methodist Episcopal Society, in the town of Lowell, by vir- of funds, &c.
tue of the second section of the act passed on the twenty-first
day of April in the year one thousand eight hundred and
forty-six, entitled "An Act in addition to an Act to incorpo-
rate the First Methodist Episcopal Society in the town of
Lowell," any thing in said additional act to the contrary
notwithstanding. [App?oved by the Governor, April 23,
1847.]
An Act providing for the Inspection of Hay. ChCLT) 246.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section L The mayor and aldermen of each city, and Mayor and ai-
selectmen of each town, in this Commonwealth, in which Mermen of cmes,
Ti 1 111 -ij 1 ■ ■ r ^ and seleclmen
bale or bundle hay is sold, may, on the petiiion ot ten or of towns, on pe-
more legal voters of such city or town, annually appoint •'''"".•*''=• ""^y
one or more persons as inspectors of bale or bundle hay, ^pp°'° '
who shall be sworn to the faithful discharge of the duties
of their office.
Section 2. Said mayor and aldermen, and selectmen, and remove in-
respectively, may remove any inspector so appointed, and ^^,^y^°''^' ^•"'^
fill any vacancy that may occur from death or otherwise.
Section 3. It shall be the duty of the inspector to in- Duties of in-
spect and weigh all bale or bundle hay, within the limits of speciors.
the city, town, or ward, for which he may be appointed,
when requested so to do by the owner or vendor of such
hay.
Section 4. All bales or bundles of hay so inspected. Hay to be
which are found to be sweet, of good quality, and free from branded, No. i.
damage or any improper mixture, shall be branded or
marked No. 1. All bales or bundles which are found to be No. 2.
sweet, and free from damage or any improper mixture,
but consisting of hay of a secondary quality, shall be
branded or marked No. 2. All bales or bundles which Bad.
are found to be wet, or in any way damaged, or wliich
shall contain any straw or other substances not valua-
ble as hay, shall be branded or marked bad. Each bale Names, year,
or bundle so inspected shall also be branded or marked ^" netweig t.
with the first letter of the Christian name, and the whole of
the surname of the inspector, and the name of the city or
town for which he is inspector, together with the month
and year when inspected, and also the net weight of the
bundle.
Section 5. Each inspector shall furnish himself with insppctors to
proper scales, weights, seals, and other suitable instruments gXe^s'vWih"
for the purposes aforesaid. scales, &c.
466 1847. Chap. 246—248.
Fees to be fixed SECTION 6. The fees foF inspecting, weighing, and mark-
by appointing ^ g provided for in this act, shall be fixed by the re-
omcers, and •'"&) . 1 _, i • i c ■ i
paid by em- spective oincers havnig the power ot appointment, and
pioyer. shall be paid by the employer of the inspector.
Penalty for sell- SECTION 7. Any person who shall sell any bale or bun-
ing without ^jg j^g^y^ jjj a.ny city or town in this Commonwealth, where
inspecion. ^^ inspector is appointed, as required by this act, which
has not been inspected and weighed as herein provided,
shall forfeit, for each bale or bundle so sold, two dollars, to
be recovered in any court proper to try the same, one half
to the complainant, and the other half to the city or town
Provided, &.C. in wliicli such salc shall have been made : provided, that
no inspection under this act shall be made, where the ven-
dor and vendee shall" certify, in writing, to the inspector,
that they object to an inspection. [Approved by the Gov-
ernor, April 23, 1847.]
nhnn^ATI An Act in addition to "An Act to incorporate the Hanover Branch Rail-road
y ' Company."
BJE a enacted by the Senate and House of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Time for filing SECTION 1. The time fixed for filing the location of the
location of road j-Qad Specified in the fourth section of an act, entitled "An
GXtGnQGO to vJC"
tober 6, 1848. Act to incorporate the Hanover Branch Rail-road Com-
pany," approved on the sixth day of April, in the year one
thousand eight hundred and forty-six, is hereby extended
one year and six months beyond the sixth day of April of
the present year.
When to take Section 2. This act shall take effect from and after its
eff>ict. passage. [Approved by the Governor, April 23, 1847.]
Chnn^X^ An Act in addition to "An Act in relation to Insurance on Lives for the
l^llUjJZ'^O. 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 :
Insurance made When it is expressed, in any policy of insurance by which
by one party persou iusures his own life, that it is made for the benefit
on his life, lor I i- i ,i i i /- ^
the benefit of of another person, the policy shall enure to the benent oi
Tee^^a^' reeabr ^nch Other pcrson in the same manner, and subject to the
to the provis- samc provisious, as in case of insurance eflTected by one
ions of a for- person ou the life of another for the benefit of a third, un-
der the act in relation to insurance on lives for the benefit
of married women and other persons, passed on the elev-
enth day of March, in the year one thousand eight hundred
and forty-four. [Approved by the Governor, April 23, 1847.]
1847. Chap. 249. 467
An Act to incorporate the Woburn Branch Extension Rail-voad Company. C/hdJ) 249.
BE it enacted by the Senate and House of Repiesenta-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sectio.v 1. Moses F. Winn, Leonard Thompson, and Persons incor-
Stephen Nichols, their associates and successors, are hereby porated.
made a corporation, by the name of the Woburn Branch
Extension Rail-road Company, with all the powers and
privileges, and subject to all the duties, restrictions, and
liabilities, contained in the forty-fourth chapter of the Re-
vised Statutes, and in that part of the thirty-ninth chapter
of said statutes relating to rail-road corporations, and in all
general laws which are now, or may be hereafter, in force,
respecting rail-roads, in this Commonwealth.
Section 2. The said corporation is hereby authorized to Location of
locate, construct, and maintain a rail-road within the town '"°^'^-
of Woburn, in the county of Middlesex, commencing at
some convenient point on the Woburn Branch Rail-road,
near the depot at AVoburn Centre, and thence running in a
northwesterly direction to some suitable point for a depot,
at or near the centre of New Bridge Village, in the north-
erly part of said Woburn.
Sections. The capital stock of said corporation shall capital stock
consist of not more than five hundred shares of one hun- S50 noo"^'^^*^
dred dollars each; the number of which shall be deter- shares of ^100.
mined, from time to time, by the directors of said corpora-
tion ; and the said corporation may take, purchase, and
hold, such real estate on the line of said rail-road, and
may purchase and hold such cars, engines, and other per-
sonal property, as may be necessary and convenient for the
purposes of their incorporation.
Section 4. The company hereby established may enter May enter upon
upon and unite their rail-road, by proper turnouts and ^"'^'J^^'l® ^^'^'^
switches, with the Woburn Branch Rail-road, at some Branch Rail-
convenient place in said Woburn, and use said Woburn ""oad.
Branch Rail-road, or any part thereof, by complying with
such reasonable rules and regulations as said Woburn
Branch Rail-road Company may prescribe, or as may be
determined according to the provisions of law.
Section 5. The Legislature may authorize any company The Legislature
to enter, with another rail-road, upon, and use the said f"^>' ^"'''"'''^®
Woburn Branch Extension Rail-road, or any part thereof, company.
by complying with such reasonable rules and regulations
as the Woburn Branch Extension Rail-road Company may
prescribe, or as may be ^determined according to the provis-
ions of law.
Section 6. The Legislature may, after the expiration of The Legisia-
fonr years from the time when said rail-road shall be turemayreduce
opened for use, from time to time, alter or reduce the rate !'rrtcrfour''years.
of tolls or other profits upon said rail-road ; but the said Provided, &.c.
468
1847.-
-Chap. 249—250.
Time for loca-
tion and com-
plelioii of road.
May transfer
property, &c.
to Boston and
Lowell Hail-
road Corpora-
tiou.
When to take
effect.
Chap2b0.
Location of
road.
Connexion with
Boston and
Providence
Rail-road.
Not to convey
passengers or
merchandise for
hire.
Rate of speed,
&r.
Land not to be
taken without
consent, &c.
City may locate
branch tracks.
tolls or profits shall not, without the consent of said com-
pany, be so reduced as to produce less than ten per cent,
per annum upon the investment of said company.
Section 7. If said company be not organized, and the
location of their road filed with the county commissioners
of the said county of Middlesex, within two years from
the passing of this act, and if their said road shall not be
constructed within three years from said time, this act shall
be void.
Section 8. Said Woburn Branch Extension 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 au-
thorized 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 purpose, the
Boston and Lowell Rail-road Corporation may increase
their capital stock, by new shares, to the amount of fifty
thousand dollars.
Section 9. This act shall take effect from and after its
passage. [Approved by the Governo?', April 23, 1847.]
An Act to authorize the City of Boston to construct a Rail-road from the
Providence Rail-road to South Bay.
BE it enacted by the Senate and Hmise of Representa-
tives^ in General Court assembled, and by the authority of
the sa7nc, as folloivs :
Section 1. The city of Boston is hereby authorized to
locate and construct a branch rail-road, from some conven-
ient point on the Boston and Providence Rail-road, near
Baldwin's Mills; thence running southeast of Baldwin's
lot, so called, crossing Tremont, Northampton, Sufiolk,
Chester, Washington, and Springfield streets, and Harrison
avenue, to some point near the northeast end of the sea
wall in South Bay ; and said branch rail-road may be con-
nected with the Boston and Providence Rail-road, upon
such terms and conditions as may be agreed upon by and
between the said city of Boston and the Boston and Provi-
dence Rail-road Corporation.
Section 2. Said branch rail-road shall not be used for
the purpose of conveying passengers or merchandise for
hire, and the rate of speed upon the same shall never ex-
ceed five miles an hour ; and no part of the said road shall
ever be located upon the lands of any person or corpora-
tion, without the consent of such corporation first had and
obtained.
Section 3. The said city may locate, from time to time,
as convenience may require, branch tracks, for the purpose
of filling up and grading any streets, passage-ways, or
1847. Chap. 250—251. 469
lands, in the said city, southerly of the Worcester Rail-
road. And the said branch rail-road, and branch tracks, to be removed
shall be removed within five years from the first day of j^^^.^^ ^'
May, in the year one thousand eight hundred and forty-
seven.
Section 4. This act shall take effect from and after its Whentotake
passage. [Approved by the Governor, April 23, 1847.] ^'^'^'^^•
An Act to incorporate the Worcester Health Insurance Company. CIlCLV^SX.
BE it enacted by the Senate and House of Representa-
tives, 171 General Court assembled, and by the authority of
the same, as follows :
Section 1, Frederick W. Paine, Francis T. Merrick, Persons incor-
and Charles W. Hartshorn, their associates and successors, cesTer^^tlTiJi^ike
are hereby created a corporation, by the name of the Wor- assurance upon
cester Health Insurance Company, to be established in the ''®^'^-
town of Worcester, for the purpose of making assurance
upon health, with all the powers and privileges, and subject
to all the duties and liabilities, contained in the forty-fourth
chapter of the Revised Statutes, so far as the same may be Governor and
applicable to this corporation: provided, however, that the <'°"n<='' '« ^p-
terms and conditions of its policies shall be approved by poi'icies!'^'"* °
the governor and council.
Section 2. The capital stock of said corporation shall Capital stock
not exceed fifty thousand dollars, and shall be divided into g50,oooin
shares of twenty-five dollars each ; and there shall be paid shares of ^25,
into the treasury of said corporation, by each subscriber to instaiinenis',"
the capital stock, at the time of subscription, an instalment ^^c- wuhsecu-
of five dollars on each share of the stock by him subscribed, ^^^^'
and the remaining twenty dollars on each share, so sub-
scribed, shall, within thirty days from the time of said sub-
scription, be secured to be paid, either by mortgage on real
estate, or by such endorsed promissory notes as shall be
approved by the directors of said corporation, and shall be
payable in thirty days after a demand shall have been
made in two newspapers, published in the town of Worces-
ter; or the same maybe made payable in regular instal-
ments at stated periods, at the discretion of the directors.
Section 3. The said corporation shall have power to Oni^- owners of
insure the health of such persons only as are or may be- sli°red ^tiiuoo"
come subscribers to the capital stock, until four hundred shares have
shares have been subscribed for, and the instalment afore- been subscribed,
said has been actually paid in, and the residue of such
subscriptions has been secured to be paid in the manner
staled: but after the said four hundred shares of said stock
have been subscribed for, and paid in or secured, as re-
quired, the said corporation may exercise all the powers
and privileges conferred by this act.
Section 4. The capital stock of this corporation shall investment of
be invested, at the discretion of the directors, either in loans '^^p''*' **°'=''-
60
470
1847.-
-Chap. 251.
Real estate not
to exceed
510,000.
Dividends, &c.
Division of re-
maimng profits.
Surplus of prof-
its over ten per
cent, to be di-
vided among
tiie insured.
Capital stock
not to be re-
duced.
Unpaid divi-
dends to be ad-
vertised, &c.
Subscribers
may be requir-
ed to effect in-
surance, &c.
upon bonds and mortgages on unincumbered real estate, of
the value of at least fifty per cent, more than the amount
lent thereon, or in stocks of the United States, or of the
Commonwealth of Massachusetts, or of any city, or of any
bank in this Commonweahh, or in loans to towns in tl)is
Commonwealth. The said corporation may hold real es-
tate, to an amount not exceeding ten thousand dollars, for
the purpose of securing suitable offices for the institution.
Section 5. The directors of said corporation shall, on
the first Monday of June, annually, cause a statement to
be made, and a balance struck, of the affairs of said cor-
poration ; and, if there shall be any ascertained profits,
after paying all the losses and expenses of the year preced-
ing, and providing for outstanding risks, they shall first set
apart from said profits, and divide among the stockholders,
a sum, not exceeding an interest of six per cent, per annum
on the amount of capital stock actually paid in, on the
stock held by them, if so much remain after paying said
losses and expenses, and providing for- said risks; and in
case of said dividend not being paid in any one year, it
may be made good at a subsequent period, when the net
resources of the corporation shall be sufficient for the pur-
pose.
Section 6. After providing for risks, losses, incidental
expenses, and dividends, as specified in the preceding sec-
tion, one half of the remaining profits, if any there be,
shall be reserved by the directors and applied towards the
payment of the capital stock which shall have been sub-
scribed before the striking of the balance of the affairs of
said corporation, as aforesaid ; and the other moiety of said
remaining profits may be divided among the stockholders
and the insured, one half among the stockholders, the other
half among the insured: provided, however, that said an-
nual dividends, applications of payments on capital stock,
and divisions of profits among stockholders, shall never
exceed ten percent, per annum on the capital stock actually
paid in; but such surplus of profits over ten per cent., if
any, shall be divided among the insured. But no dividend
whatever shall be made, whereby the capital stock of said
corporation subscribed for, and paid-in, shall be reduced or
impaired.
Section 7. All dividends remaining unpaid more than
one year after the same have been declared, shall be adver-
tised, by publishing the amount thereof, and the names of
the persons entitled thereto, for at least three weeks in two
daily newspapers, published in Worcester.
Section 8. The directors shall have power to require
every person, subscribing to the stock of said corporation,
to effect insurance therein, either upon his own health, or
upon the health of some other person, for such length of
1847. Chap. 251. 471
time as they shall prescribe ; and every person effecting
insurance in said corporation, shall have the privilege of
subscribing for, at least, one share of said stock, nntil the
whole number of shares, authorized by this act, shall be
taken up. But insurances may be made, and risks taken,
by said corporation, at the request of applicants, without
their becoming stockholders.
Section 9. Suits at law may be maintained, by any Corporation
stockholder or person insured, against said corporation, for may be sued,
losses or damages insured against by them, if payment
shall be withheld more than thirty days after the same
shall be due and payable by the terms of the policy of in-
surance, and after the said corporation shall have been
duly notified of such loss or damage. And no stockholder
or person insured, not being, in his individual capacity, a
party to such suit, shall be deemed incompetent as a wit-
ness.
Section 10. On some day within the first thirty days Balance-state-
after the expiration of two years from the time when the madea?^peci-
said company shall issue their first policy, and within the fied times, ex-
first thirty days after the expiration of every subsequent hibitmg—
period of three years, the directors of said company shall
cause to be made a general balance-statement of the affairs
of said company, which shall be entered in a book pre-
pared for such purpose. Such statement shall contain, i. amount of
first, the amount of premiums received during said fnTe'restT ^"
period, and the amount of interest received from invest- -• amount of
ments and loans; second, the amount of expenses of the s^P^^^^^Jof
said company during the same period ; third, the amount of losses;
losses incurred within said term; fourth, the balance re- *^^^'.^"*^^ '°
mainiug with said company ; fifth, the nature of the security 5. nature of se-
in which the said balance is invested, and the amount of ^"^^.'^^^j^^^"""*
cash on hand, and some account of the existing policies.
The president of the company shall, within thirty days Copies to be
after said statement is completed, transmit a copy thereof, IhesTrrm/y
signed and sworn to by the president and a majority of the of the Common-
directors, and also by the treasurer, actuary, or secretary, Le^'is^at°^,e^'®
to the Secretary of the Commonwealth, to be by him laid "
before the Legislature.
Section 11. Nothing contained in this act shall be so Risks not to be
construed as to authorize said company to engage in life ^^enonhves,
insurance, or any thing save assurance upon health ; nor is Nor more than
it permitted to insure more than four hundred dollars per f^ a'^rfst'"^"^'
annum on any one risk.
Section ]2. This act shall take effect from and after its when to lake
passage. [Approved by the Governor^ April 23, 1847.] ®'^®'^''
472
1847.-
-Chap. 252.
Chaj)252.
Persons incor-
porated.
Location of
road.
Capital stock
noi to exceed
;g500,000 in
shares of g 100.
Time for loca-
tion and com-
pletion of road.
May enter upon
and use the
Walpole, the
Dedham
Branch, and the
Boston and
Providence
Rail-roads.
An Act to incorporate the Norfolk County Rail-road Company.
BJE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. Welcome Farnum, Willis Fisher, Shadrach
Atwood. and Jeremiah Blake, their associates and successors,
are hereby made a corporation, by the name of the Norfolk
County Rail-road Company, with all the powers and privi-
leges, and subject to all the duties, liabilities, and restrictions,
set forth in the forty-fourth chapter of the Revised Statutes,
and in that part of the thirty-ninth chapter of said statutes
relating to rail-road corporations, and in all statutes which
have been, or shall be hereafter, passed relating to rail-road
corporations.
Section 2. Said company may construct a rail-road,
from some convenient point on or near the Walpole Rail-
road, as located in the village of Walpole, at or near its ter-
minus, thence in a southwesterly direction towards Camp-
bell's Mill Pond, and near North Wrentham Meeting-house,
until the line strikes near the Franklin city factories ; thence
southerly, passing near Franklin Centre, and along the
valley of Mine Brook, and across the dividing ridge of the
Blackstone and Charles River waters; thence into the valley
of Peter River, and across Peter River ; thence nearly to the
foot of Scott's Hill, and along the foot of said hill, to a ter-
minus in Blackstone, and to some convenient point on the
Providence and Worcester Rail-road, in said town of Black-
stone.
Section 3. The capital stock of the corporation shall
consist of not more than five thousand shares, the number
of which shall be determined, from time to time, by the di-
rectors thereof; and no assessment shall be laid thereon of a
greater amount, in the whole, than one hundred dollars on
each share ; and said corporation may take, purchase, and
hold, such real estate, and may purchase and hold such en-
gines, cars, and other things, as may be necessary for the use
of said rail-road, and for the transportation of passengers,
goods and merchandise.
Section 4. If the location of the road, as provided for in
the second section, be not filed, according to law, within one
year, and the said rail-road be not completed within three
years, from the passage of this act, then the same shall be
void.
Section 5. Said company is hereby authorized to enter
upon and unite their rail-road, by proper means, with the
Walpole Rail-road, at or near the termination thereof, in
Walpole; and also to use the said Walpole Rail-road, and
Dedham Branch Rail-road, and Boston and Providence Rail-
road, paying therefor such a rate of toll as may be mutually
agreed upon by the parties, or as the Legislature may, from
time to time, prescribe.
1847. Chap. 252. 473
Section 6. Said company is hereby authorized to enter ^^y ^"f^'' "p°"
1 . , . -T, •' , , •' • 1 I ^n'' unite with
upon and unite their rail- road, by proper means, with the the Providence
Providence and Worcester Rail-road, at the intersection ^^^ii^ad^*"^"
thereof, in Blackstone, and also to use the said Providence
and Worcester Rail-road, paying therefor such a rate of toll
as may be mutually agreed upon by the parties, or as the
Legislature may, from lime to time, prescribe.
Section 7. The said company and the Wal pole Rail- road MayunitewUh
i-. -.^ *i ■ .• J r • • 4. the VValpole
Company may unite their corporations, and lorm one joint- Raii-road Com-
stock company, to be known by the name of the Norfolk pany.
County Rail-road Company, and to be controlled throughout
by one management, whenever a majority in interest of each
company shall elect so to do, — and said united company
shall be entitled to hold a capital stock equal to the amount
of their joint capitals, and shall be subject to all the provis-
ions, and entitled to all the privileges, contained in their re-
spective charters.
Section S. If the said Walpole Rail-road Company shall Knot united
not consent to unite with said Norfolk County Rail-road ^'^'] ^"^"'p"'^
Oompany, share and share alike, withm three months alter pany, mny enter
said Norfolk County Rail-road Company shall have ofiered upon and use
r I • 1 t • 1 ivi /- 11 ^N T-. '1 the Boston and
to lorm such a union, then the said Norlolk County Kail- Providence
road Company may continue and construct their road from i^ai'-road.
their terminus, in said Walpole, to the most convenient point
on the Boston and Providence Rail-road, with power to
enter upon said Boston and Providence road by proper means,
and to use the same, subject to such tolls as may be mutu-
ally agreed between said corporations, or as the Legislature '
may, from time to time, prescribe.
Section 9. The said company, when formed pursuant to Location of
the provisions of the seventh section, shall have power to ^^''^nch Road,
construct a branch road from a point near the crossing of the
Norfolk and Bristol turnpike, in South Dedham, and ex-
tending across Fowl Meadow and Neponset River, to a
point in the Boston and Providence Rail-road near the eleven-
mile post, with power to enter upon said road by proper
means, and to use the same, subject to such tolls as may be
mutually agreed between said corporations, or as the Legis-
lature may, from time to time, prescribe.
Section 10. The Legislature may, from time to time, The Legislature
reduce the rate of toll, or other receipts, on said rail-road, l^us and pTofits
whenever the net income thereof shall exceed ten per cent, from time to
per annum; but the toll, or other receipts, shall not, without ^""^'
the consent of the company, be so reduced as to produce
less than ten per cent, per annum on the investment in said P^o^^'^ed, &lc.
company.
Section 1L The Legislature may authorize any company Thn Legislature
to enter, with their rail-road, at any point on the said road, T^^rhv -Ifv
and use the same, or any part thereof, by complying with other company,
such reasonable rules and regulations, and paying such tolls.
474
1847.-
■Chap. 252—253.
When to take
effect.
Chap253.
Location of
Branch Ho ad.
Powers and du-
ties.
Road over
Chailes River to
be consirucled
under the direc-
tion o( a com-
missioner, to be
appointed l>y
thtt governor
and council.
Capital stock
may be in-
creased by ad-
ding g30u,000.
Time for loca-
tion and com-
pletion of road.
as said Norfolk County Rail-road Company may require
and prescribe, or as may be determined according to law.
Section 12. This act shall take etiect from and after its
passage. [Approved by the Governor, April 24, 1847.]
An Act to authorize the Boston and Lowell Rail-road Corporation to con-
struct a Branch Road in.Boston.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloros :
Section 1. The Boston and Lowell Rail-road Corpora-
tion are hereby authorized and empowered to locate, con-
struct, and maintain a branch rail-road, commencing at a
point easterly of the draw in their present rail-road bridge
over Cliarles River, not exceeding sixty-five feet from the
south stone abutment of said bridge, and running thence in
Boston, within the commissioners' line, established by " An
Act concerning the Harbor of Boston," passed the seventeenth
day of March, in the year one thousand eight hundred and
forty, and passing between Andover street and the centre of
the dock which lies between said Andover street and the
freight-house of the Boston and Maine Rail-road, to Cause-
way street : provided, that no part of the road hereby au-
thorized shall be located or constructed beyond the aforesaid
commissioners' line.
Skction 2. The Boston and Lowell Rail-road Corporation,
in the location, construction, and use of' the branch road
hereby authorized, shall have all the powers and privileges,
and be subject to all the duties, liabilities, and restrictions,
contained in the forty-fourth chapter of the Revised Stat-
utes, and in all general laws which are now, or may be
hereafter, in force, respecting rail-road corporations in this
Commonwealth.
Section 3. Every part of the road hereby authorized, in
or over the waters of Charles River, below low- water mark,
shall be constructed on piles, so as to cause the least obstruc-
tion to the flow of the stream, under the direction of a com-
missioner, to be appointed by the governor and council, at
the expense of said corporation.
Section 4. The said corporation are hereby authorized,
for the purpose of making said road, purchasing necessary
lands, and constructing suitable station and depot buildings
in Boston, to increase their capital stock in the sum of five
hundred thousand dollars.
Section 5. If the location of the branch road, hereby au-
thorized, shall not be filed, according to law, within two
years, or if the said road shall not be completed within three
years, then this act shall be void. [Approved by the Gov-
ernor, April 24, 1847.]
1847. Chap. 254—257. 475
An Act relating to Repairs of Highways. ChciT)^54i.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled^ and by the authority of
the satne, as follows :
The tenth section of the twenty-fifth chapter of the Re- Towns mayde-
vised Statutes is hereby so far repealed, that any town, at a ia'^3Vui"aiid'^
legal meeting called for that purpose, may determine at what expending
time or times the money wanted by such town, for repairing '^""ey wanted
highways and townways, shall be laid out and expended, highways and
{Approved by the Governor, April 24, 1847.] towuways.
An Act to incorporate the Franklin Library Association. C/lCtp'2-55.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the saine, as follows :
Section 1. Charles H. Bigelow, Caleb N. Marvel, Charles Persons incor-
S. Storrow, their associates and successors, are hereby made Lawrence"
a corporation, by the name of the Franklin- Library Associ-
ation, to be established in the town of Lawrence, in the
county of Essex, for the purpose of establishing and main-
taining a Library and Reading Room, advancing useful arts
and sciences, and promoting public instruction by lectures
or otherwise, and also for the purpose of afibrding relief to
unfortunate members of said association or their families, .
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.
Section 2. Said corporation may hold real and personal Estate not to
estate to an amount not exceeding in the whole seventy-five ^^^^^ed ^75,000.
thousand dollars, the income of which shall be devoted to
the aforesaid purposes. [Approved by the Governor, April
24, 1847.]
An Act relating to the Employment of Convicts. r'ltn ^^fi
BE it enacted by the Senate and House of Representa- "
tives, in General Court assembled, and by the authority of
the same, as follows :
After the expiration of any contract now existing, no con- imprisonedcon-
vict, sentenced to the punishment of hard labor in any prison em|j1o"/ed?n en-
in this Commonwealth, shall be employed in the business of graving, &c.
engraving, or in any other employment incidental to the
making of bank notes. [Approved by the Governor, April
24, 1847.J
An Act authorizing the Chelsea Branch Rail-road Company to change its ChnT)^B7
BE it enacted by the Senate and House of Represe?ita-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Chelsea Branch Rail-road Company is May take the
hereby authorized, by a vote of the corporation, to take, in- GraiKUunction
476
1847.-
-Chap. 257—258.
Rail-road and
Depot Compa-
ny.
Property &c. to
be enjoyed hy,
and belong to,
said corporation
under its new
name.
When to take
effect.
Chap2b^.
Provisions for
eleciion of
overseers of the
poor,
and school
committee.
Elections of
April Sand 19,
1847, confirmed.
Uepeal of in-
consistent pro-
visions.
When to lake
effect.
Stead of its present corporate name, the name of the Grand
Junction Rail-road and Depot Company.
Section 2. As soon as said corporation shall so take said
new name, all the property, franchises, powers, rights, and
privileges granted, belonging or appertaining to, enjoyed or
authorized to be had by, and all the duties, habilities, restric-
tions, and obligations imposed upon, or appertaining to, said
corporation, by virtue of the charter of said corporation, its
acts, and the laws concerning said corporation, shall there-
upon be enjoyed by, belong or appertain to, and be imposed
upon, said corporation, under the saidname of the "Grand
Junction Rail-road and Depot Company," in the same
manner, as fully and effectually, to all intents and purposes,
as if the said new name had been set forth in the charter of
said corporation and the laws concerning the same, or as if
the original name of said corporation had never been changed.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 2^, 1847.]
Aa Act to amend An Act to establish the City of Charlestown.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. 'J'he qualified voters of each ward, at their
respective annual ward meetings for the choice of officers,
shall elect, by ballot, two persons, who shall be residents of
the ward for which they are elected, to be overseers of the
poor; and the mayor, together with the persons thus chosen,
shall constitute the Board of Overseers of the Poor. And
at the same time, and in the same manner, the qualified
voters of the city shall elect five persons from the city at
large, and the qualified voters of each ward shall elect two
persons, who shall be residents of the ward for which they
are elected, to be members of the school committee, and the
eleven persons thus chosen shall constitute the school com-
mittee.
Section 2. The elections of overseers of the poor and
school committee, made on the fifth and nineteenth days of
April, in the year one thousand eight hundred and forty-
seven, under the provisions of the Act to establish the City
of Charlestown, passed on the twenty-second day of Feb-
ruary, in the year one thousand eight hundred and forty-
seven, are hereby confirmed.
Section 3. Such parts of the eleventh section of said
act, as are inconsistent herewith, are hereby repealed.
Section 4. This act shall take effect from and after its
passage. {Approved by the Governor, April 24k, 1847.]
1847. Chap. 259. 477
An Act in addition to an Act relating to Proceedings of County Commis- Qfidp 259.
sioners. -^
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
Section I. The provisions of the second and third sec- Application*
tions of the seventy-sixth chapter of the statutes passed in '^"'" "u"'"V!.'^f,A°
-1 111 II- 111 1 cross highways,
the year eighteen hundred and thirty-nine, shall extend to &c. omhesame
applications to the county commissioners, under the two ''"^t'' "^*'- *° ''*
,^11-1 ^ ^ c I 1- subject to pro-
hundred and seventy-nrst chapter oi tlie statutes passed m visions, &c.
the year eighteen hundred and forty-six, and to all other
applications in which the county has no interest. And said Special meet-
commissioners, in all cases arising under this section, and ingsof coumy
, T . ■> fir • ^ commissioners,
also under said sections oi the act first mentioned, may and costs there-
hold special meetings for the purpose of making returns of of-
their proceedings, and accepting and recording the same ;
the costs of which shall be paid by such of the parties as
the commissioners shall decide.
Section 2. In all cases provided for in the preceding sec- Provisions for
tion, a recognizance shall be taken to the county, and all taking recog-
'3 z' T • I • nizances and
costs and expenses eniorced, in the same manner as is pro- eniorcing costs,
vided in the statutes of the year eighteen hundred and *^*'-
thirty-six, chapter two hundred and seventy-eight.
Section 3. Whenever damages shall have been assessed Collection of
against any rail-road corporation, upon the petition of any {^^'^"frranu of
person injured by the location and construction of their distress,
road, by the county commissioners or the verdict of a jury,
the said commissioners may issue warrants of distress to
compel the payment of such damages, together with costs
and lawful interest: provided, that no such warrant shall Provided, Si.c.
issue till after the expiration of the time allowed by law for
filing a petition for a jury.
Section 4. The provisions of the act of tlie third of Provisions in
March, in the year eighterin hundred and forty-two, entitled ^a'^^'eViendld"
"An Act relating to the Duties of County Commissioners," to lown-ways
are hereby extended to town- ways and private ways here- and private
^ J J r J ways SO thst
after to be laid out or altered by selectmen of towns, in damages shall
such manner, that no claim for damages, sustained by any not ^claimed
persons in their property, by any such laying out or altera- '
tions, shall be made until the land over which such ways
are located shall have been entered upon, and possession
taken, for the purpose of constructing said ways or altera-
tions: provided, that when any person, claiming damages. Provided, 6lc,
shall have been put to any expense for injuries sustained
by such proceedings, the selectmen aforesaid shall allow
him full indemnity therefor, although his land may not
have been so entered upon and possession taken as afore-
said : a7id provided, further, that any party aggrieved by
the estimate of said last-named damages may have a jury
61
478 1847. Chap. 259—261.
to revise snch estimate, in the same way and manner as is
now provided in case of town-ways and private ways.
Repeal of in- SECTION 5. So mucli of the twentieth section of the for-
v?s"ions?°^ ^^°' ty-fourth chapter of the Revised Statutes, as is inconsistent
with this act, is hereby repealed. [Approved by the Gov-
ernor^ April 24, 1S47.J
C%fl/?260. -A-n Act to extend the Time for locating the Lancaster and Sterling Branch to
the Fitchburg Rail-road.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
Timeforfiiing SECTION I. The time prescribed for the fihng of the loca-
extended lo tion of a branch rail-road, specified in an act entitled "An
July 16, 1848. Act to incorporate the Lancaster and Sterling Branch Rail-
road Company," passed on the sixteenth day of April, in the
year one thousand eight hundred and forty-six, is hereby
extended for the term of fifteen months.
United corpora- SECTION 2. The Fitchburg Rail-road Company, with
and^c^nfirucf ^ wliicli Said Lancaster and Sterling Branch Rail-road Com-
Branehroadin pany havc been united, are hereby authorized to locate and
sec ions. coustruct such branch rail-road in sections, commencing at
the junction with the Fitchburg Rail-road; and said act,
hereby extended, shall not become void, except for that por-
tion of said branch rail-road which shall not have been lo-
cated or constructed within the time prescribed.
When to take SECTION 3. This act shall take effect from its passage,
effect. [Approved by the Governor, April 24, 1847.]
Chap^Gl. -^^ ■^^■'^ '^ increase the Capital Stock of the Western Kail-road Corporation.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Capital stock SECTION 1. The directors of the Western Rail-road Cor-
creased'byadd- poratiou are hereby authorized to increase their capital stock
ing 51,600,000 to ail amouut not exceeding one million six hundred thou-
^%im!^^° sand dollars, by adding thereto, from time to time, at their
discretion, an additional number of shares, not exceeding
sixteen thousand, of one hundred dollars each, and may dis-
pose of the same, at not less than one hundred dollars per
share, as hereinafter provided.
Appropriations SECTION 2. The procceds of Said shares shall be appropri-
capkai!'""^' ated for additional expenditures of construction of the road,
and its appurtenances, for engines and cars therefor, for
payments into the sinking funds of said corporation, and for
the purcha.se of the sterling scrip of Massachusetts, as the
directors shall judge best for the interest of the corporation,
Payments to and for uo Other purpose. And said corporation may make
&c.'"^ '^"°'^' ^^^ payments into the Massachusetts sinking fund in sterling
scrip of Massachusetts, and may, at any time, purchase the
1847. Chap. 261—262. 479
securities belonging to said Massachusetts sinking fund, or
any part thereof, with said sterling scrip.
Section 3. Whenever the capital stock of said corporation ^'J^'^^*°[?g''be.
shall be increased, as herein provided, the directors shall, fd)'es"aie'of ad-
before any sale of the new shares so created, give notice diiionai shares,
thereof, in writing, to the treasurer of the Commonwealth
and to the private stockholders, to be transmitted in such
manner as they judge best; and the Commonwealth, and
the other owners of stock at the time of such increase, may, Commonweal ih
. , . , . , ^ , . , ^ ^, 1 and other stock-
withni thirty days after such notice, take, at the par value holders may
thereof, their proportion of such increased number of shares, take new shares
according to the number of shares in such capital stock ponfJn,"&c!°
owned by them. And if any shares then remain unsold, the Residue to be
said corporation may dispose of the same at not less than [^^^ "^ "°
the par value thereof
Section 4. Whenever notice of any such increase of cap- Governor may
ital stock shall be given to the treasnrer of the Common- LTer'totake^new
wealth, the governor may, if he judge best, instruct the shares, &c.
treasurer to take the proportion of shares to which the Com-
monwealth may be entitled, or any part thereof; and the
governor, with advice of the council, may draw his warrant and, with advice
on the treasurer in payment therefor, or he may authorize d^a^^^Xiant^^
the treasurer to give the note of the Commonwealth for the or authorize '
same, or any part thereof, to be paid, with interest, whenever P^fJ"^^''^
provision shall be made by law therefor. And in case he
should not judge best to take the proportion of shares to or may instruct
which the Commonwealth may be entitled, he may instruct Jo^s^f^heCom-
the treasurer to sell the right of the Commonwealth to take monweaith's
the said shares. "S^^^-
Section 5. This act shall take effect from and after its JJJ,^^"^^^®
passage. [Approved by the Goveniot\ April 24, 1847.]
An Act concerning the Powers of Cities. KylKipZQZ,
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. The city council of any city shall have power City Council to
and authority to make all by-laws, not inconsistent with the fori^hep^ri^eTva-
laws of the Commonwealth, that may be necessary to pre- tionofihe
serve the peace, good order, and internal police of the city, P^tY%^a'i;igg
and may annex suitable penalties, not exceeding twenty not exceeding
dollars for any one breach thereof, to be recovered by com- ^^*^-
plaint before any police court in such city, or any justice of
the peace in a city where no police court is established : pj^o- Provided, Si,c.
vided, that nothing herein contained shall be construed to
affect the provisions of an act entitled "An Act to prevent
Obstructions in the Streets of Cities, and to regulate Hack-
ney-coaches and other Vehicles," passed at the present ses-
sion of the Legislature.
Section 2. So much of an act passed on the ninth day of ^uch of*ch!^66
480
1847.-
-Chap. 262—264.
as refers to cit-
ies.
Chap263.
District Attor-
neys to see to
appropriation of
funds, &c.
When to take
effect.
Chap 26^.
Annual returns
to be made to
the Treasurer,
&c. under oath,
diC. and to pay
tax accordiugly.
Penalty for neg-
lect.
Repeal of in-
consistent pro-
visions.
April, in the present year, entitled "An Act concerning the
Powers of Cities and Towns," as relates to any city in the
Commonwealth, is hereby repealed. [Approved by the Gov-
ernor, April 24, 1847.]
An Act relating to Public Charities.
BE it enacted by the Senate and Hotise of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The district attorneys of this Commonwealth
shall see that all funds, given or appropriated to public char-
ities within their several districts, are duly applied to their
respective objects; and they are hereby authorized and re-
quired to use all lawful process to prevent the misapplication
thereof, and to apply all lawful remedies for the correction
of abuses and breaches of trust in the administration of the
same.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 26, 1847.]
An Act in relation to the Returns of Auctioneers, and the Payment of Auc-
tion Duties.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, arid by the authority of
the same, as folloivs :
Section 1. Every auctioneer shall duly render to the
Treasurer of the Commonwealth a true and particular ac-
count, under oath, of all sales and transactions at auction
subject to taxation, made by him or under his authority, and
shall pay a tax thereon according to the provisions of the
ninth chapter of the Revised Statutes; or, in case any li-
censed auctioneer shall have made or authorized no such
sales, for one year previous to the first day of December in
any year, he shall certify that fact in writing to the Treas-
urer, and shall make oath to the truth of such certificate in
the manner provided in the thirteenth section of the said
chapter; and such oath shall be certified and endorsed in
conformity with the provisions of said section.
Section 2. Any auctioneer who shall fail to comply with
the provisions of this act, or of the ninth chapter of the Re-
vised Statutes, shall be subject to a fine not exceeding ten
dollars, and shall forfeit his compensation of four per cent,
of any tax accruing on any sales made or authorized by him,
and shall pay interest on such tax, at the rate of two per
cent, per month, instead of the interest now prescribed in such
case by said chapter.
Section 3. All acts or parts of acts inconsistent with this
act are hereby repealed. [Approved by the Governor, April
26, 1847.]
1847. Chap. 265. 481
An Act to incorporate the Lowell Health Insurance Company. CllCtV ''ZQd.
BE it enacted by the Senate and House of Rej)7'esenta-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Elisha Huntington, William Livingston, Persons incor-
John Clark, their associates and successors, are hereby eiTufmake"^'
made a corporation, by the name of the LoAvell Health In- assurance upon
surance Company, to be established in the city of Lowell, ''^*''^-
for the purpose of making assurance upon health, with all
the powers and privileges, and subject to all the duties and
liabiHties, contained in the forty-fourth chapter of the Re-
vised Statutes, so i'ar as the same may be applicable to this
corporation : provided, hoivever, that the terms and condi- Governor and
tions of its policies shall be approved by the governor and council to ap-
■i^ rr JO prove terms ot
council. policies, &c.
Section 2. The capital stock of said corporation shall Capital stock
not exceed fifty thousand dollars, and shall be divided into T,Vooo'^i^^'*
shares of twenty-five dollars each; and there shall be paid shares olg25,
into the treasury of said corporation, by each subscriber to »« he paid m m-
the capital stock, at the time of subscription, an instalment '
of five dollars on each share of the stock by him subscribed,
and the remaining twenty dollars on each share so subscribed
shall, within thirty days from the time of said subscription,
be secured to be paid, either by mortgage on real estate, or wUh security,
by such endorsed promissory notes as shall be approved by ''''^■
the directors of said corporation, and shall be payable in
thirty days after a demand shall have been made in some
newspaper published in the city of Lowell; or the same
may be made payable in regular instalments, at stated pe-
riods, at the discretion of the directors.
Section 3. The said corporation shall have power to in- Only owners of
sure the health of such persons only as are, or may become, su°ed inuoo "
subscribers to the capital stock, until four hundred shares shares have
have been subscribed for, and the instalment aforesaid has '^^^H j"**;
1 II ■ 1 ■ II 1 r I 1 • • scribed, &c.
been actually paid in, and the residue or such subscriptions
has been secured to be paid in the manner stated ; but, after
the said four hundred shares of said stock have been sub-
scribed for and paid in, or secured as required, the said cor-
poration may exercise all the powers and privileges conferred
by this act.
Section 4. The capital stock of this corporation shall be investment of
invested, at the discretion of the directors, either in loans *^^P''^' *'°'^'^'
upon bonds, and mortgages, on unincumbered real estate, of
the value of at least fifty per cent, more than the amount
lent thereon, or in stocks of the United States, or of the
Commonwealth of Massachusetts, or of any city, or of any
bank in this Commonwealth, or in loans to towns in this
Commonwealth. The said corporation may hold real estate. Real estate not
to an amount not exceeding ten thousand dollars, for the ^J'lo^ooo'^
purpose of securing suitable ofiTices for the institution.
482
1847.-
■Chap. 265.
Dividends.
Division of re-
maining profits.
Surplus profits
over 10 per
cent, to be di-
vided among
the insured.
Capital stock
not to be re-
duced.
Unpaid divi-
dends to be ad-
vertised, &c.
Subscribers
may be required
to effect insur-
ance, &c.
Corporation
may be sued,
Section 5. The directors of said corporation shall, on the
first Monday of June, annually, cause a statement to be
made, and a balance struck, of the affairs of said corporation ;
and, if there shall be any ascertained profits, after paying all
the losses and expenses of the year preceding, and providing
for outstanding risks, they shall first set apart from said
profits, and divide among the stockholders, a sum, not ex-
ceeding an interest of six per cent, per annum, on the
amount of capital stock actually paid in, on the stock held
by them, if so much remain after paying said losses and ex-
penses, and providing for said risks ; and, in case of said
dividend not being paid in any one year, it may be made
good at a subsequent period, when the net resources of the
corporation shall be sufficient for the purpose.
Section 6. After providing for risks, losses, incidental
expenses, and dividends, as specified in the preceding section,
one half of the remaining profits, if any there be, shall be
reserved by the directors, and applied towards the payment
of the capital stock which shall have been subscribed before
the striking of the balance of the affairs of said corporation,
as aforesaid; and the other moiety of said remaining profits
may be divided among the stockholders, the other half
among the insured : provided^ however^ that said annual
dividends, applications of payments on capital stock, and
divisions of profits among stockholders, shall never exceed
ten per cent, per annum on the capital stock actually paid
in; but such surplus of profits over ten per cent., if any,
shall be divided among the insured. But no dividend what-
ever shall be made, whereby the capital stock of said cor-
poration, subscribed for and paid in, shall be reduced or
impaired.
Section 7. All dividends, remaining unpaid more than
one year after the same have been declared, shall be adver-
tised, by publishing the amount thereof, and the names of
the persons entitled thereto, for at least three weeks, in
some newspaper published in Lowell.
Section 8. The directors shall have power to require
every person, subscribing to the stock of said corporation, to
effect insurance therein, either upon his own health or upon
the health of some other person, for such length of time as
they shall prescribe; and every person eflccting insurance
in said corporation shall have the privilege of subscribing
for at least one share of said stock, until the whole number
of shares authorized by this act shall be taken up. But in-
surances may be made and risks taken by said corporation,
at the request of applicants, without their becoming stock-
holders.
Section 9. Suits at law may be maintained by any stock-
holder, or person insured, against said corporation, for losses
or damages insured against by them, if payment shall be
1847.— Chap. 265—266. 483
withheld more than thirty days after the same shall be due
and payable by the terms of the policy of insurance, and
after said corporation shall have been duly notified of such
loss or damage. And no stockholder, or person insured,
not being, in his individual capacity, a party to such suit,
shall be deemed incompetent as a witness.
Section 10. On some day within the first thirty days Balance-state-
after the expiration of two years from the time when said made at*speci-
company shall issue their first policy, and within the first fied times, ex-
thirty days after the expiration of every subsequent period '"bifng—
of three years, the directors of said company shall cause
to be made a general balance-statement of the affairs of
said company, which shall be entered in a book prepared
for such purpose: such statement shall contain, 1st, the i- Amount of
amount of premiums received during the said period, and the hue'Te'stT ^°
amount of interest received from investments and loans ; 2d, 2. Amount of
the amount of the expenses of said company during the same s^^Amount of
period; 3d, the amount of losses incurred within said term ; losses;
4th, the balance remaining with said company; 5th, the ^a„^^.'^"'^®*'"
nature of the security in which the said balance is invested, 5. Nature of
and the amount of cash on hand, and some account of the amouuT'of cash
existing policies. The president of the company shall, &c.
within thirty days after said statement is completed, trans- Copies to be
mit a copy thereof, signed and sworn to by the presi- iraiismiited to
dent and a majority of the directors, and also by the treas- of^he Com-"^
urer, actuary, or secretary, to the Secretary of the Common- ■T'°"^^_^.'''' '°'"
wealth, to be by him laid before the Legislature. ^ egisaure.
Section 11. Nothing contained in this act shall be so Risks not to be
construed as to authorize said company to engage in life ^^euoniives,
insurance, or any thing save assurance upon health. Nor
•iii^- 1 r iniiii nor more than
is It permitted to insure more than lour hundred dollars per $400onarisk.
annum on any one risk.
Section 12. This act shall take effect from and after its When to take
passage. \A'pj)roved by the Governor, April 26, 1847.] ^^®*^'"
An Act in addition to an Act concerning the Sinking Fund of the Western (7Afi!w266.
Rail-road. -*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The commissioners of the sinking fund of investment of
the Western Rail-road mav, from time to time, at their dis- '"""•"P \'y
J > 111 •• commission*
cretion, invest the moneys on hand, by loaning the same on
interest, well secured by pledge of the stocks of any rail-
road corporation in this State, whose original capital has
been wholly paid in, excepting the stock of said Western
Rail-road Corporation; and they may invest all, or any
part, of said fund, in the purchase of any of the stocks
specified in the Act of March thirteenth, in the year one
thousand eight hundred and thirty-nine, in relation to said
commissioners.
484
1847.-
-Chap. 266—267.
Provided, &c.
Stocks maybe
sold to corpora-
tion for scrip,
and scrip shall
be received lor
dues of corpo-
ration.
Repeal of in-
consistent pro-
visions.
When to take
efTect.
Chap 267.
Fourteen days
written notice
to quit, suffi-
ci«'ni after neg-
lect to pay rent,
&c.
Provided, &c.
Method of re-
covering pos-
session in such
case.
sinking fund : pi'ovided^ that not more than thirty per cent,
thereof shall, at any one time, he so invested in said rail-
road stock, and not more than ten per cent, thereof, in the
stock of any one rail-road corporation. And said commis-
sioners may, at any time, sell and transfer to the Western
Rail-road Corporation any stocks, or securities, belonging
to said fund, on receiving from said corporation an equal
amount, in value, of the sterling scrip of Massachusetts;
and shall, if so requested by said corporation, receive the
sterling scrip of Massachusetts in payment of all future
sums required to be paid, by said corporation, into said
sinking fund.
►SECTION 2. So much of the third section of the act of
March thirteetith, one thousand eight hundred and thirty-
nine, concerning the sinking fund of the Western Rail-road
Corporation, as requires the commissioners of said fund to
loan, on pledge of rail-road stocks, to those rail-road cor-
porations, only, whose road and property are unincum-
bered, and to loan at least one third of said fund, on se-
curity by mortgage of real estate, and that not more than
twenty per cent, of said fund shall, at any one time, be
invested in said rail-road stock, and not more than seven
per cent, thereof in the stock of any one rail-road corpora-
tion, is hereby repealed, except so far as the same relates
to the investment of said fund in the stock of said Western
Rail-road Corporation.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor^ AjjHI 2^. 1847.]
An Act relating to Leasehold Estates.
BE it enacted by the Senate and Hovse of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Section 1. In all cases of neglect or refusal to pay the
rent due, according to the terms of any written lease, four-
teen days notice to quit, given in writing by the landlord to
the tenant, shall be sufficient to determine the lease: -pro-
vided, however, that if the tenant shall pay or tender to the
landlord the rent due, with interest thereon, at any time
before final judgment, under the proceedings provided for
in the second section of this act, the lease shall be and con-
tinue in full force: arid provided, also, \hdiir\o{\\\n^\\ex&m.
contained shall affect any other rights or remedies on the
part of tlie lessor which may be provided for in any written
lease.
Section 2, Whenever any lease in writing shall be de-
termined in the manner provided for in the lirst section of
this act, the lessor, or his assigns, may recover possession
of the demised premises in the manner provided for in the
1847. Chap. 267—268. 485
one hundred and fourth chapter of the Revised Statutes in
cases of forcible entry and detainer.
.Section 3. Whenever an attachment of any leasehold Duty of officers
estate shall be made on mesne process, it shall be the duty in auachmems
of the officer making such attachment to state, in his re- esta^teson
turn, in general terms, the leasehold property attached ; mesne process,
and, in order to render such attachment valid and effectual, oftdiduy""*
like proceedings shall be had relative thereto as are now thereof,
required in relation to attachments of real estate in the
twenty-eighth, twenty-ninth, and thirtieth sections of the
ninetieth chapter of the Revised Statutes, and in the one
hundred eighty -sixth chapter of the acts passed in the year
one thousand eight hundred and thirty-eight, and the eighty-
nuith chapter of the acts passed in the year one thousand
eight hundred and thirty-nine.
Section 4. Whenever any term of years s?iall hereafter Proceedings in
be seized on execution as a personal chattel, by virtue of <^^^^*°'^*^''
the thirty-third section of the ninety-seventh chapter of the of years, &c.
Revised Statutes, the officer, before selling the same on ^^ » p^^so°»i
execution, shall give fourteen days notice of the time and
place of sale, by leaving notice thereof in writing with the
debtor personally, or at his last and usual place of abode,
and by posting the same notice on the demised premises in-
tended to be sold.
Section 5. All acts and parts of acts, inconsistent here- Repeal of in-
with, are hereby repealed, [Approved by the Governor, consistent pro-
yl/.W/26, 1847.J ^'^'°''^-
An Act to incorporate the Traders Fire and Marine Insurance Company in (7/tflW 268*
Boston. -t
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. Abel Proctor, Robert Farley, and Joseph Persons incor-
Lord, their associates and successors, are hereby made a P"""^^^^ '" ^°*'
corporation, by the name of the Traders Fire and Marine marine and fire
Insurance Company, of Boston, for the purpose of making »"'sksfor20
insurance against maritime losses, and against losses 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,
and in the one hundred and sevent^r-eighth chapter of the
acts of the year one thousand eight hundred and thirty-
eight, for the term of twenty years.
Section 2. The capital stock of said company shall be Capital stock to
one hundred thousand dollars, with liberty to increase it to wUh p^eMo
two hundred thousand dollars, to be divided into shares of increase to
one hundred dollars each, to be collected and paid in, in liaref^'iloo
such instalments, and under such provisions and penalties, as &,c. '
62
486
1847.-
■Chap. 268—269.
Chap269.
Persons incor-
porated.
Location of
Branch road.
Provided, &c.
Capital slock
not to exceed
;g280,000 in
shares of" $100.
Time for loca-
tion and com-
pletion of road.
May enter upon,
and unite with,
Boston & Wor-
cester Rail -
road.
the president and directors of said company shall order and
appoint. [Approved by the Governoi^, April 26, 1847.]
An Act to establish the Agricultural Branch Rail-road.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
Section 1. Sullivan Fay, James S. Savage, Curtis New-
ton, their associates and successors, are hereby made a cor-
poration, by the name of the Agricultural Branch Rail-road
Company, with all the powers and privileges, and subject
to all the duties, liabilities and restrictions, set forth in the
forty-fourth chapter of the Revised Statutes, and in that
part of the thirty-ninth chapter of said statutes relating to
rail-road corporations, and in the public statutes which have
been, or may be passed, relating to rail-road corporations.
Section 2. Said corporation is hereby empowered to lo-
cate, construct and maintain, with one or more tracks, a
branch rail-road, commencing at some point near the vil-
lage of Northborough ; thence running to a point near the
centre village of Southborough ; thence to connect with any
branch of the Boston and Worcester Rail-road, near the
csntre village of Framingham ; and such branch rail-road,
on its way from said point, near the village of Northbor-
ough, to such point near the centre village of Southborough,
shall be required to pass to the north of the house of Wil-
lard Newton, Esquire, in the southerly part of Marlborough :
provided, a feasible route shall be found therefor with grades
not exceeding forty-two feet to the mile, and which can be
constructed at a cost, per mile, not materially exceeding the
average cost per mile of the residue of the rail-road hereby
authorized.
Section 3. The capital stock of said corporation shall
not consist of more than twenty-eight hundred shares, the
number of which shall, from time to time, be determined by
the directors of said corporation. And no assessment shall
be laid thereon, of a greater amount, in the whole, than
one hundred dollars on each share. And said corporation
may invest and hold such part thereof, in real and personal
estate, as may be necessary and convenient for the purposes
of their incorporation.
Section 4. If the location of said branch rail-road shall
not be filed within sixteen months, and said branch rail-
road be not constructed within two years, from the passage
of this act, the same shall be void.
Section 5. Said corporation is hereby authorized to enter
upon and unite their rail-road, by proper turnouts and
switches, with the said Boston and Worcester Rail-road,
and use the same and any part thereof, under the provisions
and restrictions of the laws relating to rail-roads.
1847. Chap. 269—271. 487
Section 6. The Legislature may authorize any corpora- The Legislature
tioii to enter, with another rail-road, upon, and use, the Ag- may authorize
ricultural Branch Rail-road, or any part thereof, by comply- pany°to*^enteT'
ing with such reasonable rules and regulations as the said "po" and use
Agricultural Branch Rail-road may prescribe, or as may be ^* ™^'
determined according to the provisions of law.
Section 7. The Legislature may, after the expiration of The Legislature
five years from the time when said branch rail-road shall be {^^^ and"profits
opened for use, from time to time, alter and reduce the rate after 5 years,
of toll or profits upon said road; but said toll shall not be Provided, Se,c.
so reduced, without the consent of said corporation, as to
produce, with said profits, less than ten per cent, per annum
upon the investment of said corporation. [Ajyproved by the
Governor, April 26, 1847.]
An Act concerning the Tenure of Judicial Officers. C^fl??2l70.
BE a enacted by the /Senate and House of Representa-
tives, in General Court assembled, and by the authority of »
the same, as follows :
Section 1 . So much of the thirtieth section of the nce Courts in
eighty-seventh chapter of the Revised Statutes as is con- Saiem, Lowell,
tained in the following words, " who shall hold their offi- and^New^Bed-
ces for the same time and by the like tenure as is provided ford, to hold
with respect to justices of the peace," is hereby repealed. In^-'good^beha-'
Section 2. This act shall take effect from and after its vior.
passage. [Approved by the Governor, April 26, 1847.] St"^*''^''^
An Act extending the Limits of certain Mutual Fire Insurance Companies. Chci'P'2H.
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 Holyoke Mutual Fire Insurance Company, The Es- TheHoivoke,
sex Mechanics Mutual Fire Insurance Company, and the ,^flnd Bow-"'
Bowditch Mutual Fire Insurance Company, all located at ditch Muiuai
Salem, in the County of Essex, are hereby empowered to com'an^esTif
insure any property included in the terms of their charters, Saiem.may in-
and situated any where in the States of Maine, New ^""^^^^^ ^^^\^
Hampshire, Vermont, Massachusetts, Rhode Island, and Con- N"ew^Eng?and.
necticut: and all acts or parts of acts, inconsistent with the Repeal of in-
■ • ' c ^^ • ^ 1 1 11 • -, consistent pro-
provisions oi this act, are hereby repealed, as to said com- visions,
panies : ])rnvided hoicever, that this act shall not take effect Provided, &i.c.
in reference to either of said companies, until the same shall
be accepted at a meeting of said company, called for the
purpose : provided also, that any member of a company ac-
cepting this act, dissenting from the acceptance thereof,
shall have the right, at any time within three months after
such acceptance, to cancel his policy, after having discharged
all assessments and dues from him under his policy. [Ap-
proved by the Governor, April 26, 1847.]
488
1847.-
-Chap. 272.
Chap2'72.
Location, &,e
of exlension
rail-road.
Construction of
road.
Restrictions on
transportation.
Provided, &c.
Berkshire Com
pany to retain
An Act to authorize the Extension of the Berkshire Rail-road.
BE it enacted by the Senate and House of Represeiita-
ilves, i?i General Court assembled, and by the authority of
the same, as folloics :
Section 1. The Berkshire Rail-road Company are here-
by authorized, with all the powers and privileges, and sub-
ject to all the duties, restrictions, and liabilities, set forth in
the laws of the Commonwealth now in force, or which may
hereafter be enacted, relating to rail-road companies, to ex-
tend their rail-road from some point near West Stockbridge
Village, to the Western Rail-road, near its intersection with
the State line, in said West Stockbridge, and to connect the
same, by proper turn-outs and switches, with said Western
Rail-road, and transport passengers, merchandise, and other
articles, over such extension rail-road.
Section 2. The Berkshire Rail-road Company, in con-
structing their extension rail-road, shall not lay down more
than a single track upon any lands, or within the limits, of
the West Stockbridge Rail-road Corporation; and shall not,
at any point, place either of their rails within the distance
of eleven feet from the nearest rail of the track of the West
Stockbridge Rail-road Corporation, without their consent,
except for the purpose of crossing the same near the State
line, if found advisable.
Section 3. The Berkshire Rail-road Company, and their
lessees and representatives, shall not, without the written
consent of the West Stockbridge Rail-road Corporation,
transport, over the extension rail-road, hereby authorized,
any freight or passengers destined for Hudson, or any point
on the Hudson and Berkshire Rail-road, west of the State
line; nor shall they, without such consent, transport, on
such extension rail-road, any passengers or freight, passing
from any points on the Hudson and Berkshire Rail-road,
west of such State line, to W^est Stockbridge, or to any
points on the Berkshire Rail-road : provided however, that
these provisions shall not apply in any year, or portion of
any year, in which no rail-road shall be in operation be-
tween West Stockbridge Village and Hudson ; or in which
the Hudson and Berkshire Rail-road shall be discontinued
between the State line and Chatham : and provided, also,
that nothing herein contained shall preclude the Berkshire
Rail-road Company, and their lessees and representatives,
from transporting, over such extension rail-road, any
freight or passengers destined to or from points upon the
Albany and West Stockbridge Rail-road, or to or from the
cities of Troy or Albany, and points north or west of the
same, or to or from points on the Western Rail-road and its
branches.
Section 4. The Berkshire Rail-road Company shall con-
tinue to have and possess all the rights and privilege of run-
1847. Chap. 272. 489
ning trains on the West Stockbridge Rail-road, and of the rights in siock-
use and occupation of its buildings and fixtures, which bridge road,
were granted to ihem by the West Stockbridge Rail-road
Corporation, by a contract or indenture made between the
said corporations, bearing date the sixth day of February,
in the year one thousand eight hundred and forty-four, so
long as said Berkshire Rail-road Compau}^ shall perform all
its obligations under said contract ; and, whether they shall and continue
use the same or not, after the construction of their extension same^&°/.' *
rail-road, shall continue to pay to said West Stockbridge
Rail-road Corporation the monthly rent prescribed in said
contract or indenture, and shall pay their proportion of the
expense of keeping said West Stockbridge Rail-road in re-
pair, as prescribed in said contract: provided^ that the said Provided, &.c.
West Stockbridge Rail-road Corporation shall duly perform
its obligations under said contract.
Section 5. The West Stockbridge Rail-road Corpora- West stock-
tion are hereby authorized to sell and convey, to the Berk- t»-"'ffe itaii-
shire Rail-road Company, their entire road, buildings, and maysen'^oad,
fixtures ; and if a conveyance thereof, with a clear title, buildings, and
free from all claims of the Hudson and Berkshire Rail-road Berkshire Rail-
to the same, and the use of the same, shall be tendered to foad Company,
them within nine months from the time this act shall take
effect, the Berkshire Rail-road Company shall be, and are
hereby, authorized and required to accept the same, and
pay therefor the sum of thirty thousand dollars, at which
price the same has been appraised ; and, in case the West
Stockbridge Rail-road Corporation shall, within said term
of nine months, elect to sell, as aforesaid, their rail-road,
buildings, and fixtures, and prefer to have the same ap-
praised by commissioners, then the governor and council
may, upon the application of the West Stockbridge Rail-
road Corporation, appoint three impartial commissioners,
who shall appraise, as soon thereafter as may be, such rail-
road, and its buildings and fixtures, exclusive of all iron
thereon furnished by the Berkshire Rail-road Company;
and the Berkshire Rail-road Company shall thereupon be
required to pay therefor, upon receiving a clear title thereto,
the amount of such valuation, instead of paying therefor
such sum of thirty thousand dollars; and, upon such sale
and transfer, the said West Stockbridge Rail-road shall be
united with, and become a part of, said Berkshire Rail-
road ; and said West Stockbridge Rail-road Corporation
shall, after payment of their just debts and liabilities, divide
their assets, pro rata, among their shareholders, and be
thereupon dissolved.
Section 6. The Berkshire Rail-road Company are here- May purchase
by authorized to purchase and hold any real estate, required anyhow real
for depots and other rail-road purposes, for such extension pots, &c.
rail-road.
490
1847.-
-Chap. 272—273.
Roads may be
leased to the
Housaionic
Rail-road Com-
pany.
Capital stock
may be increas-
ed by adding
^30,000.
Time for loca-
tion and com-
pletion of road.
Section 7. The Berkshire Rail-road Company are here-
by empowered to lease such extension rail-road, and the
West Stockb ridge Rail-road, if they shall purchase the
same, to the Housatonic Rail-road Company.
Section 8. The said Berkshire Rail-road Company are
further empowered, for the purposes of this act, to increase
their capital stock, to the amount of fifty thousand dollars.
Section 9. In case the Berkshire Rail-road Company
shall not, within two years from the time this act shall take
effect, locate and construct such extension rail-road, the
right to locate and construct the same shall cease and ex-
pire.
Berkshire Com- Section 10. In case the West Stockbridge Rail-road
SsHf We^sl Corporation shall not, within said term of nine months,
Siockbridge clcct to Sell their rail-road to said Berkshire Rail-road Com-
tendertd'&c P^^^' ^^^^ shall, at any time within five years after this act
shall take effect, elect to tender, and, within such term of
five years, -actually tender to the Berkshire Rail-road Com-
pany, a good and sufficient lease of said West Stockbridge
Rail-road, its buildings and fixtures, in perpetuity, free from
all claims of creditors and lessees, with a rent reserved of
eighteen hundred dollars per year, payable, half yearly, at
the office of the treasurer of the West Stockbridge Rail-
road Corporation, in West Stockbridge Village, and condi-
tioned, further, that the Berkshire Rail-road Company shall
keep said rail-road in repair; then, in such case, the Berk-
shire Rail-road Company are required to accept and execute
Provided, &c. said Icasc : provided^ that, in case said Berkshire Rail-road
Company shall, prior to such lease, take any land from said
West Stockbridge Rail-road Corporation, for the purposes
of said extension rail-road hereby authorized, the interest
on the price of such land shall be deducted from such rent.
[Approved hy the Governor^ April 26, 1847.]
Chap273.
Liability of
agents for for-
eign insuring
corporations,
&c.
An Act to provide against loss from Insurance by Foreign Corporations.
BE it f-nacted hy the Senate and House of Representa-
tives, in General Court assembled, and by tlie authority of
the same, as follows :
Section 1. Every person who shall so far represent any
corporation, established in'any other State or country, as
to receive or transmit proposals for insurance, or to receive
for delivery policies founded on proposals forwarded from
this State, or otherwise to procure insurance to be effected
by such corporation, for persons residing in this State, shall
be deemed and taken to be acting as agent for, and under-
taking to make insurance as agent for, and in behalf of,
such corporation, within the meaning of the provisions con-
tained in the thirty-seventh chapter of the Revised Statutes ;
and shall be subject to the restrictions, and liable to the
penalties, therein made applicable to such agent.
1847. Chap. 273— 275. 491
Section 2. The forty-second section of said chapter Policies may
shall be so far modified, that contracts of insurance may be a^eTiroHor-
made in this State, by the agent of such company as is efgu compauies
therein mentioned, if the capital stock thereof amounts to ^f'^$fooooo^'
one hundred thousand dollars.
Section 3. Nothing in said forty-second section shall be Provisions for
so construed as to prohibit the making of insurance within f"""<^'g° mutual
, . ^ , ^ 1 1 1 insurance com-
this fetate, by any company incorporated elsewhere on the panics,
mutual principle. But no such insurance shall be made,
unless the provisions in said thirty-seventh chapter, so far
as they are applicable, shall have been duly complied with ;
and the statement to be filed in conformity thereto shall
show, in addition to the amount of capital or reserve held
by such company, the whole amount of risks insured by
the same; the whole amount of premium thereon; what
portion of it has been paid in cash ; what security has been
taken for the remainder ; and what is the largest sum in-
sured in any one risk. [Approved hy the Governor^ April
26, 1847.]
An Act to securp the Payment of Fees into the Treasury of the Common- C'Afl!/?274.
wealth in certain Cases. *
BE it enacted hy the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, asfoUoivs :
Section I. Every justice of the peace, and every justice justices of the
of any police court, who shall receive from any county p®?*^® ^"'^"^
J L * ^ J J polic6 courts to
treasurer the fees of sheriff's, deputy sheriffs, constables, or make annual'
witnesses, in criminal cases, shall, annually, on the first '^'"'■"^*°<=°"'V
T»i 1 c -t ^ \ .1 . ^ c \ • ty treasurers of
Monday oi January, return, to the county treasurer oi his fees of sheriffs,
county, all such fees, with a schedule thereof, as shall not •^'=-
have been paid out by him, within three years from the
time of the taxing or allowance thereof, to the persons to
whom they belong.
Section 2. Every county treasurer shall credit to the Coumy treas-
Commonwealth in his accounts, as is provided in the "rers to credit
twelfth section of the one hundred and forty-first chapter Shh"feer^^"^
of the Revised Statutes, all fees which shall be returned to
him according to the provisions of this act. [Approved by
the Governor, Ajnil 26, 1847. j
An Act to change the Names of the Persons therein mentioned. GuCip 2lO.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
John C. Mc Roberts may take the name of John C. Rob- Suffolk.
erts; Henry Smith, minor, may take the name of Henry
Farnam Smith ; Charles Bean Moulton may take the name
of Charles Jeremiah Bean Moulton ; William Hunt may
take the name of William Morris Hunt ; Alexander Wheeler
492 1847.— Chap. 275.
may take the name of Alexander Balch Wheeler; James
•Pedder may take the name of James Sumner; Sarah Ann
Pratt Perkins may take the name of Sarah Ann Pratt Cum-
mings ; her minor daughter, Sarah Ann Porter Perkins, may
take the name of Sarah Ann Pratt Cummings; Forrester
Pelby Anderson, minor, may take the name of Forrester
Anderson Pelby; Samuel French may take the name of
Samuel Albert French ; William H. Call may take the name
of William H. Mackintosh; James Lewis, minor, son of
Winslow Lewis, Jr., may take the name of Winslow Lewis,
3d ; Diederick Elderman may take the name of Charles
Batchelder ; John WiUiams may take the name of John Earl
Williams ; Allen Bangs may take the name of Allen E.
Bangs ; George Lawrence Corporal may take the name of
George Corporal Lawrence ; his wife, Martha Corporal, may
take the name of Martha Lawrence ; and their three minor
children, to wit, George Lawrence Corporal, Joshua Thorp
Corporal, and Martha Amelia Corporal, may severally take
the names of George Corporal Lawrence, Joshua Thorp
Lawrence, and Martha Amelia Lawrence ; Mary Eliza
Stowell Hurley may take the name of Mary £liza Leeds ;
Sophronia Perry may take the name of Sophronia White ;
Lucretia E. Beers may take the name of Lucretia E. Pierce ;
and her two minor sons, George Henry Beers and Allen Au-
gustus Beers, may take the names of George Henry Pierce
and Allen Augustus Pierce; Catharine Matilda Wheelock,
minor, may take the name of Catharine Brattle Wheelock ;
Christiana K. Richmond may take the name of Christiana
K. Sargent; Ebenezer Ball may take the name of Ebenezer
Wallis Ball ; Hiram Parker may take the name of Hiram
Monroe Parker ; Joseph Lee, minor, may take the name of
Thomas Joseph Lee ; Davis Estis may take the name of
David Estis; Lucius Doolittle, Jr., may take the name of
Lucius Doolittle Ashley ; Samuel Gerrish Barrett, minor,
may take the name of Samuel Eddy Barrett; Jonathan
Wade may take the name of John Wade ; John Muligan may
take the name of John Warren Atkins ; Lyman Vose, minor,
may take the name of Lyman Tucker Vose; Charles Parker
may take the name of Charles Maverick Parker ; Joseph
Bunnell Coy may take the name of Joseph Coy Chickering;
George W. March may take the name of George W. Wilson ;
Peter Shumway, Jr., may take the name of Franklin P.
Shumway ; Nathan Heard, Jr., may take the name of Na-
than Ferdinand Heard ; James Ryan may take the name of
James Walker Ryan ; George W. Porter may take the name
of George W. Eustis ; Patrick Fitzpatrick may take the
name of William Fitz; D. Warren Malony may take the
name of Dexter Warren; Nathan Kimball may take the
name of Nathan Ralph Kimball ; Samuel Stratton may take
the name of Joy Hamlet Stratton ; James Johnson, Jr., may
1847. Chap. 275. 493
take the name of James Chauncey Johnson ; severally of
the city of Boston, all of the county of Suffolk.
Lydia S. Cook, of Salem, may take the name of Anna Essex.
Emerson; Ann Augusta Sumner Lewis, minor, of Lynn,
may take the name of Ann Augusta Sumner Marsh; Mary
P. Gould, of Danvers, may take the name of Mary P. Cheev-
er ; Julia Valentine Ames, minor, of Salem, may take the
name of Julia Barnard ; William K. Hobson, of Rowley,
may take the name of William Kimball; his wife, Drusilla
H. Hobson, may take the name of Drusilla H. Kimball;
Morgiana Scott, minor, of Lynn, may take the name of Anna
Scott Johnson ; Enos True Curtis, of Bradford, may take
the name of Edwin Taylor Curtis ; Moses B. Somes, of
Bradford, may take the name of Charles B. Somes; Thomas
Frothingham Hopping, of Salem, may take the name of
Thomas Hopping Frothingham ; James S. Kimball, Jr., of
Salem, may take the name of James Walter Kimball; Mar-
tha Henderson, minor, of Danvers, may take the name of
Mary R. Henderson; Samuel Franklin Tarbox, of Lynn,
may take the name of Samuel Franklin Appleton ; Benja-
min Washington Tarbox, of Lynn, may take the ]iame of
Benjamin Washington Appleton ; his wife, Sarah Adeline, ,
together with their two minor children, Ellen Augusta, and
Frances Washington, may severally take the names of Sarah
Adeline Appleton, Ellen Augusta Appleton, and Frances
Washington Appleton; Henry O. Neill, of Lynn, may take
the name of Henry Neill ; his wife, Priscilla Cloutman, to-
gether with their three minor children, Helen Amanda,
William Henry, and Charlos Frederick, may severally take
the names of i^riscilla Cloutman xXeill, Helen Amanda Neill,
W^illiam Henry Neill, and Charles Frederick Neill ; Niles
Richardson Hardy, minor, of Bradford, may take the name
of Niles Gardner Parker; Darius Johnson, of Haverhill,
may take the name of Darius W. Johnson ; Mehitable Stick-
ney Peabody, a minor, of Boxford, may take the name of
Mary Stickney Peabody ; Samuel Tucker, of Salem, may
take the name of Samuel Dudley Tucker ; Eliza Foster
Haskell, of Beverly, a minor, may take the name of Eliza
Foster Lefavour ; Joseph Swasey, of Salem, may [take the
name of Charles Warren Swasey ; Deborah Elizabeth Wig-
gin Killam, wife of William E. Killam, of Boxford, may
take the name of Elizabeth Wiggin Killam, — all of the coun-
ty of Essex.
Martha Ann Page, of Lunenburg, may take the name of Worcester.
Martha Ann Robinson ; her minor son, Henry Morton Page,
may take the name of Henry Morton Robinson; Austin
Hoar, of West Boylston, may take the name of Austin Wil-
bur Sidney; his wife, Esther Whitaker Hoar, may take the
name of Esther AVhitaker Sidney ; Emma E. Gould, a minor,
of Lancaster, may take the name of Emily E. Pratt ; John
63
494
1847.-
■Chap. 275.
Hampshire,
Hampden.
Franklin.
Young, of Shrewsbury, may take the name of John Wil-
liams Young; Edwin Bigelow, of Lancaster, may take the
name of Edwin Samuel Bigelow; Marcelhis Emerson,
minor, adopted by Warren Fay, of Southborough, may take
the name of Marcellus Emerson Fay ; Harriot D. Pidge,
minor, adopted by Samuel and Nancy F. Rich, of West
Sutton, may take the name of Harriot P. Rich ; Albert Hen-
ry Richardson, minor, of Brookfield, may take the name of
Albert Henry Bartlett ; Pliny Litchfield, minor, may take
the name of Pliny Thurston Litchfield, of Southbridge;
Isaac Ciittar Snow, of Leicester, may take the name of Wil-
liam CuttarSnow; Leonard Mowry, of Douglas, may take
the name of Daniel Mowry ; Esther Ann Bancroft, minor,
of Auburn, may take the name of Anna Eudora Esther Ban-
croft; Charles Dwight Eager, of Northborough, may take
the name of Charles Henry Eager ; Mary Ellen SaWyer,
minor, of Fitchburg, may take the name of Mary Ellen
Peirce; Jacob Addison Bemis, of Southborough, may take
the name of Addison Jacob Bemis; Morris Taft Judd, of
Upton, minor, may take the name of Lysander Morris Per-
ham ; Samuel Preston, of Worcester, may take the name of
Samuel Hildreth Preston ; Charles Walker, of VVestborough,
may take the name of Charles Wellington Walker; Ezra Sta-
ples, of Uxbridge, may take the name of Ezra Freeman Sta-
ples ; Anne Devillers Lincoln, minor daughter of Nancy H.
Lincoln, of Worcester, may take the name of Georgiana De-
villers Lincoln ; Mary Sigourney Towne Miller, of Worcester,
may take the name of Mary Sigourney Towne; all of the
county of Worcester.
John Smith, of Hadley, minor, may take the name of
John Porter Smith ; Carlo Howe, of Granby, may take the
name of Carlos Howe ; Sarah Cleaveland, minor, of Wil-
liamsburg, may take the name of Sarah Luann Cleaveland ;
Charles Ferry, of Granby, may take the name of Charles
Sherman Ferry; Melancton Hamilton Hyde, of Ware, may
take the name of Hamilton Hyde; Alvan A. Garside, of
South Hadley, may take the name of Alvan White Alvord ;
Laura Bacon, a minor, of Ware, may take the name of
Amelia Salome Eddy; Diantha C. Lee, a minor, of North-
ampton, may take the name of Cornelia Frances Lee ; all of
the county of Hampshire.
Reuben Amasa Doolittle Palmer, of West Springfield,
may take the name of Amasa Reuben Palmer ; Joseph
Brown, of Springfield, may take the name of Joseph Charles
Brown ; Matthew Willard, of Wilbraham, may take the
name of Charles M. Willard ; Dolly Miller, of Springfield,
may take the name of Eliza May Miller; Levi Tower, of
Springfield, may take the name of Levi Howard Tower; all
of the county of Hampden.
Rachel Jane Wheelock, of Shutesbury, may take the
1847. Chap. 275. 495
name of Rachel Jane Spear ; Lucinda Hodgkins, of Mon-
tague, may take the name of Lucinda Pike; David Boynton
Gage, of Wendell, may take the name of David Boynton
Harris ; Albert Shaw, of New Salem, may take the name of
Albert Edward Shaw; Martha M. Buel, minor, of Leverett,
may take the name of Martha M. Woodward ; all of the
county of Franklin.
James Wheeler Hayden, of Boxborough, may take the Middlesex,
name of James Rule Hayden; Joseph Pulsifer, of Charles-
town, may take the name of Edgar Pulsifer ; Sarah Bruce,
of Marlborough, may take the name of Sarah Elizabeth
Bruce; Jonathan Brooks Nichols, of South Reading, may
take the name of John Brooks Nichols; Johnson Green, of
South Reading, may take the name of Robert Green ; Wil-
liam Penn Thompson, of Woburn, may take the name of
George Thompson; Obadiah Richardson Varnum, of Low-
ell, may take the name of George Noel Varnum ; John Doyle,
of Billerica, may take the name of John George Oliver;
Mary Annette Huntoon, minor, of Lowell, may take the
name of Mary Annette Johnson ; William Underwood, of
Billerica, may take the name of William Heiiry Crosby;
Phebe Atkinson, minor, of Lowell, may take the name of
Henrietta Phebe Atkinson ; Mary Grace Hunkins, of Lowell,
minor, may take the name of Sarah Jane Farmer; Ithamar
Winship, of Lowell, may take the name of Charles Henry
Winship; Abraham S. McLaughlin, of Framingham, may
take the name of Abram S. Mack; his wife, Dilly Ann, to-
gether with their two children, James C, and Hester Ann J.,
may severally take the names of Dilly Ann Mack, James C.
Mack, and Hester Ann J. Mack ; Henry Davis, of Charles-
town, may take the name of Henry Turner Davis ; Howard
Whitney, of Waltham, may take the name of Warren How-
ard ; Horace Bacon, of West Cambridge, may take the name
of Horace Clinton Bacon ; William Henry Smith, of Lowell,
may take the name of William Henry Leland Smith ; Sarah
Margaret Newhall, minor, of Reading, may take the name
of Sarah Margaret Weston ; Osiander Carter, of Wilmington,
may take the name of Osgood Allen Carter ; Philo Fisher
Sanford, a minor, of Lowell, may take the name of Lewis
Plwlo Sanford; Cyrus Houghton Heywood, of Lowell, may
take the name of Charles Houghton Heywood ; all of the
county of Middlesex.
Joseph Crosier Gallup, of Adams, may take the name of Berkshire.
Joseph Crosier Marsdale ; his wife, Laura Jane, and their
four minor children, Edwin Ruthven, Althine Idalia, Fran-
celia Blandina, and Gerald Embert, may severally take the
names of Laura Jane Marsdale, Edwin Ruthven Marsdale,
Althine Idalia Marsdale, Francelia Blandina Marsdale, and
Gerald Embert Marsdale; Henry Bliss, of Adams, may take
the name of Henry Clay Bliss; James Willow Cotton, a
496
1847.-
-Chap. 275—276.
Bristol.
Plymouth.
Barnstable.
minor, of Hancock, may take the name of James Porter
White ; all of the county of Berkshire.
Norfolk. Harlows Whiting, Jr., of Wrentham, may take the name
of Gustavus H. Whiting: Susan Maria Carney, of Quincy,
minor, may take the name of Susan Maria Richardson ; Peter
Gushing, of Weymouth, may take the name of William
Pomroy Gushing ; Elizabeth Baxter, minor, of Quincy, may
take the name of Elizabeth Lydia Baxter; Roby Lydston
of Roxbury, may take the name of Alfred Henry Lydston ;
all of the county of Norfolk.
John Palmer Perry, 2d, of Dighton, may take the name
of George I3yron Perry ; Hamblin Tillson, Jr., of New Bed-
ford, may take the name of Henry Hambhn Tillson; Fred-
erick Briggs, Jr., of Dighton, may take the name of Freder-
ic Garo Briggs; Joseph A. Allen, a minor, of Attleborough,
may take the name of Eugene Hervey Richards ; all of the
county of Bristol.
Francis Berthier, minor, of Rochester, may take the name
of Francis Berthier Pitcher ; of the county of Plymouth.
Ebenezer Davis, Jr., of Truro, minor, may take the name
of Ebenezer Lester Davis; Garoline Howes, of Dennis, a
minor, may take the name of Eunice Bartlett Howes ;
Thankful Winslow Nealus, minor, of Dennis, may take the
name of Mary Ellen Nealus; Mary Ellen Bassett, minor, of
Yarmouth, may take the name of Mary Marie Bassett;
William Managan, minor, of Truro, may take the name of
William Henry Harrison ; William James Douahoe, a
minor, of Truro, may take the name of William James Da-
vis; all of the county of Barnstable.
Nantucket.; John Minot West, a minor, of Nantucket, may take the
name of Paul West; of the county of Nantucket.
And the several persons before named, 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 Gov-
ernor, April 26, 1847.]
Chcip^lG. -^^ -^^"^ ^^ incorporate the Barre and Worcester 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 :
Section L Seth Galdwell, John Brooks, John W. Lin-
coln, their associates and successors, are hereby made a
corporation, by the name of the Barre and Worcester Rail-
road Gompany, with all the powers and privileges, and
subject to all the duties, liabilities, and restrictions, set forth
in the forty-fourth chapter of the Revised Statutes, and in
that part of the thirty-ninth chapter thereof relating to
rail-road corporations, and in all other general laws which
Persons incor-
porated.
1847. Chap. 276. 497
have been, or shall be hereafler, passed relative to rail-road
corporations.
Section 2. Said company are empowered to locate, con- Location of
struct, and maintain a rail-road, with one or more tracks, ''°^ '
from some convenient point on the Nashua and Worcester
Rail-road, in the town of Worcester, through the towns of
Holden, Rutland, Princeton, Hubbardston, and Oakham, to
some convenient point near the centre of Barre ; and also
from some convenient point on said route, in the town of
Princeton, through the town of Hubbardston, to some con-
venient point on the Vermont and Massachusetts Rail-road,
in the town of Gardner.
Section 3. The capital stock of said company shall not Capital stock
exceed ten thousand shares, the number of which shall be ©Yooo^oooln
determined, from time to time, by the directors thereof; shares of gioo.
and no assessment shall be laid thereon of a greater amount,
in the whole, than one hundred dollars on each share; and
the said company may purchase and hold such real and
personal estate as may be necessary for the purposes of
their incorporation.
Section 4. If the location of said road be not filed with- Time for loca-
in one year, and said rail-road constructed within three p'reUon of Toad,
years, from the passage of this act, then the same shall be
void.
Section 5. Said company may enter, with their rail-road. May enter upon
upon the Nashua and Worcester Rail-road, in the town of ^"^'^^^^ !|]J^j
Worcester, aforesaid, and also upon the Vermont and Mas- Worcester, and
sachusetts Rail-road, in the town of Gardner, aforesaid, J^]asTa"chusetts
and may use the same, or any part thereof, according to Railroads,
the provisions of law.
Section 6. The Legislature may authorize any company The Le°:isiature
to enter, with their rail-road, npon the road authorized by hj'use'by°an^y
this act, or any part thereof, and use the same according to other company,
the provisions of law.
Section 7. The Legislature may, from time to time, re- The Legislature
duce the rate of toll, or other receipts, on said rail-road, [^Usand^pTofits
whenever the net income thereof shall exceed ten per cent, from time to
per annum; but the tolls or other receipts shall not, with- *""*'■
out the consent of said company, be so reduced as to pro- -^'■<"'*^«'^> *^c.
duce less than ten per cent, per annum on the investment
in said company.
Section 8. This act shall take effect from and after its when to take
passage. [Approved by the Governor, April 26, 1847.] effect.
498
1847.-
■Chap. 277—278.
of Sylvanus
Snow set off to
Wellfleet.
ChciJ)'2'77. -^^ -^'^'^ *° repeal part of an Act entitled "An Act to incorporate the North
^ ' Precinct, in Eastham, into a District, by the name of Wellfleet."
BJE a enacted by the Senate and House of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Estate formerly SECTION 1. So much of the act passed on the seventeenth
day of June, in the year one thousand seven hundred and
sixty-three, entitled "An Act to incorporate the north pre-
cinct, in Eastham, into a district, by the name of Well-
fleet." as is comprised in the words following, to wit, " ex-
cepting the estate of Silvanus Snow, and the inhabitants
dwelling, or who shall dwell thereon, which are to remain
to the town of Eastham, and to the south precinct in said,
town, said Snow paying his part or proportion of all past
taxes, in the said north precinct, that remain unpaid," is
hereby repealed.
Section 2. The said town of Wellfleet shall be liable
for the support of all persons who now do, or shall here-
after, stand in need of relief as paupers, whose settlement
was gained by, or derived from, a residence, prior to the
passage of this act, within the territory aforesaid, called
and known as the estate of Sylvanus Snow, [Approved by
the Governor, April 26, 1847.]
Wellfleet to be
liable for pau-
pers having' a
settlement on
said estate.
Chap21S.
Lines of the
channel of Bos-
ton harbor.
First,
second.
and third.
Fourth,
An Act concerning Lines in Boston Harbor.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The lines hereinafter described are hereby
established as lines of the channel of the harbor of Boston,
beyond which no wharf or pier shall ever hereafter be ex-
tended into and over the tide-water of the Commonwealth.
Section 2. The first line is drawn from the southerly
end of the island built by the Boston and Maine Rail-road
Company, between the channels of Charles River and Mil-
ler's River, to the southerly corner of the northwesterly
abutment of Canal (or Craigie's) Bridge. The second line
is drawn straight from the face of the said abutment of
Canal Bridge, through a point on the northerly side of West
Boston Bridge, two thousand feet from the easterly side of
the draw in said bridge, to a point two thousand feet north-
erly from the harbor line heretofore established on the
northerly side of the Boston and Roxbury Mill Dam. The
next line is drawn from this last point westerly, parallel to
said Mill Dam, and two thousand feet from said harbor line
to the northern shore of Charles River, near its mouth.
Section 3. The fourth line is in Miller's River, and is
drawn from the south corner of the aforesaid Boston and
Maine Rail-road Company's island northerly, along the
westerly side of the same, and thence in the same straight
1847. Chap. 278. 499
line to the northerly side of the old channel. The fifth fifth,
line is drawn from the point where the fourth line meets
the northerly side of the said channel, northwesterly, north-
erly, and northeasterly, along the sea-wall recently built by
the Charlestown Branch Rail-road Company, to the west-
erly projection of the State Prison yard. The sixth line is sixth,
parallel to the fourth line, and two hundred feet westerly:
it extends from the channel of Charles River to the south
side of the channel of Miller's River. The seventh line is seventh,
drawn from the north end of the sixth, as just described, to
a point on the north side of Prison Point Bridge, five hun-
dred feet westerly of the centre line of the Boston and
Maine Rail-road. The eighth line is drawn from the north- eighth,
em extremity of the seventh to a point opposite the west
end of the Fitchburg Rail-road Bridge, and distant from
the same three hundred feet. The ninth line is drawn from and ninth,
the last-mentioned point to the northerly corner of the south-
easterly abutment of the Boston and Lowell Rail-road
Bridge over Miller's River.
Section 4, The tenth line is in South Bay, and is drawn Tenth,
from a point on the south side of the South Free Bridge,
(one hundred and fifty feet southeasterly of the southeast-
erly side of the draw,) in a southerly direction, parallel to
the Dorchester turnpike, three thousand feet. The eleventh eleventh,
line is on the westerly side of the channel, and is drawn
from the southerly corner of Miller and Nason's Wharf,
southerly in a direction at right angles with the South
Bridge, across the same, to a point twelve hundred and fifty
feet distant therefrom. The twelfth line is drawn from the and twelfth,
last-mentioned point to the westerly side of the artificial
channel of Roxbury Creek, one thousand feet southeast-
erly from Harrison avenue, opposite the South Burying-
ground.
The said lines, thus described, are the lines reported by Being the lines
commissioners under the Resolve passed the twenty-second ""eponed and
day of March, in the year one thousand eight hundred and commissioners,
forty-five, " authorizing the survey of South Bay, Charles •^'^•
and Mystic Rivers," and by said commissioners drawn and
defined on plans by them taken and deposited in the library
of the Commonwealth.
Section 5. No wharf, pier, building, or incumbrance of No wharf, &c.
any kind, shall hereafter be extended beyond the said lines, ^^^e extended,
or either of them, into or over the tide-water in said har-
bor; nor shall any wharf or pier, "which is now erected on
the inner side of either of said lines, be extended further
towards the said line than such wharf or pier now stands,
or than the same might have been lawfully enlarged or ex-
tended before the passing of this act, without leave being
first obtained from the Legislature.
500
1847.-
•Chap. 278—279.
Penalties.
When to take
effect.
Chap219.
Masters, &c.
may pilot ves-
sels into or out
of other ports
than that of
their destina-
tion, on and
after May 1st,
1847, &c.
But must pay
pilots em-
ployed, &c.
Rates of pilot-
age propor-
tioned to
draught of
water.
Pilots, &c.
must demand
certificate, &c.
to be evidence
of draught of
water.
Vessels requir-
ing pilotage
must receive the
first pilot offer-
ing, holding a
branch for the
port of destina-
tion,
and said pilot
shall be entitled
to full pilotage,
if another be
received.
Section 6. Every person offending against the provi-
sions of this act shall be deemed guilty of a misdemeanor,
and shall be liable to be prosecuted therefor, by indictment
or information, in any court of competent jurisdiction; and,
on conviction, shall be punished by a fine not less than one
thousand dollars, nor more than five thousand dollars,
for every offence ; and any erection or obstruction, which
shall be made contrary to the provisions and intent of this
act, shall be liable to be removed and abated as a public
nuisance, in the manner heretofore provided for the removal
and abatement of nuisances on the public highway.
Section 7. This act shall take effect from and after its
passage. [Approved bij the Governor, April 26, 1847.]
An Act in addition to "An Act to regulate Pilotage."
BE it enacted by the Senate and House of Representa-
tives, in Gejieral Court assenibled, and by the authority of
the same, as follows :
Section 1. On and after the first day of May next, the
master or commander of any ship or vessel may pilot his
own vessel into, or out of, any port in this Commonwealth,
other than the port of her destination ; and no ship or ves-
sel so piloted shall be subjected to pay pilotage on entering
or leaving any port as aforesaid : provided, that, if the mas-
ter or commander of any such ship or vessel shall require
and receive the aid of a pilot to conduct his vessel as afore-
said, then such pilot shall render his services, and be
entitled to receive the rates of pilotage established for said
port.
Section 2. The rates of pilotage, established in the sev-
eral ports of this Commonwealth, shall be paid in propor-
tion for the depth of water any vessel may draw.
Section 3. It shall be the duty of every pilot who shall
have conducted any ship or vessel into, or out of, any port
in this Commonwealth, to demand, from the captain or
commander of such ship or vessel, a certificate, containing
the name of the ship or vessel, the pilot's name, and the
draught of water in feet and inches ; and such certificate
shall be conclusive evidence, against the owner, of the
draught of water of such ship or vessel.
Section 4. Any ship or vessel, requiring the aid of a
pilot to enter any port in this Commonwealth, shall receive
the first person offering his services, and holding a branch
for the port into which the vessel is bound, whether he be
within his district or not; and if such pilot, so offering his
services, shall not be received, and the master or com-
mander shall afterwards receive another pilot, the first pilot
offering shall be entitled to receive full pilotage for the
draught of water such vessel may draw. [Approved by the
Governor, April 26, 1847.]
1847. Chap. 280—281. 601
An Act concerning the Trustees of Methodist Episcopal Churches. ChcLT) 280
BE it enacted bij the Senate and Hoiiie of Rej)rese?ita-
tlves, in General Court assembled^ and by the authority of
the same, as folloivs :
Section 1. The trustees of any Methodist rehgious so- Trustees ap-
ciety, appointed according to the disciphne or usages of the ^od'^c^'^""^^ *
Methodist Episcopal Church, or in such manner as snch ""porae.
society may choose, shall be a body corporate, with all the
powers and privileges, and subject to all the duties and
liabilities, of the forty-fourth chapter of the Revised Stat-
utes, as far as they are applicable: provided^ that all the Provided &c.
powers derived from any such organization may, at any
time, be revoked by the Legislature.
Section 2. The said trustees shall have full power to Powers of trus-
receive, hold, and manage all the property, both real and '^®'*-
personal, belonging to such society, and to sell and convey
the same, and to hold in trust any gift, grant, bequest, or
donation which may be made to such society for the sup-
port of public worship, and other religious purposes: pro- Annual income
vided, that the annual income thereof, exclusive of the ^^I^q^^'^^^^
meeting-house, shall not exceed four thousand dollars. '
Section 3. The first meeting of said trustees, appointed First meeting,
as aforesaid, may be called by a justice of the peace, upon
application of three or more of said trustees ; and the secre- Secretary to
tary, before entering on the duties of his office, shall first serveunder
be sworn faithfully to discharge the same, and a record corded,
thereof shall be kept in the record of their proceedings.
Section 4. The secretary of said trustees, so constituted pecretary to
J . ., ^ • 1 I 11 • 1 ■ . 1 r 1 leave wiih town
and organized as aioresaid, shall, within ten days oi such orcity cieik, to
organization, leave, with the clerk of the town or city in be reiorded, a
which such society may be organized, an attested copy of ceedings'at'"
the records of the proceedings had at such organization; meeting for
and the same shall be recorded in a book kept for that pur- """S^"'^* '°"'
pose, by such town or city clerk, who shall receive the
same fees as the register of deeds for the like services.
And in case the said secretary shall omit to leave a copy of or the organiza-
said record with the town or city clerk, to be recorded as ^'°° ^° ''^ ^°"^'
aforesaid, such organization shall be wholly void and of no
effect. [Approved by the Governor, April 26, 1847.J
An Act to incorporate the Acushnet Iron Foundry. CkdJ) 281.
BE it enacted by the Senate and Ho7ise of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. John C Haskell, Charles S. Randall, Ed- Persons incor-
ward P. Haskell, their associates and successors, are here- p<"'*'^'^»
by made a corporation, by the name of the Acushnet Iron
Foundry, for the purpose of manufacturing iron, steel, and to manufacture
machinery, in the city of New Bedford, county of Bristol, iron, steel, and
with all the powers and privileges, and subject to all the New Bedford.
64
502 1847. Chap. 281—282.
duties, restrictions, and liabilities, set forth in the thirty-
eighth and forty*fourth chapters of the Revised Statutes.
Estate not to SECTION 2. Said Corporation may hold real and personal
exceed estate, ncccssary and convenient for the purpose aforesaid,
^^^^' ■ not exceeding in amount one hundred thousand dollars.
\Approvcd by the Governor^ April 2ij, 1847,]
y~it 909 An Act in addition lo "an Act requiring Eeturns from Eegislers of Deeds."
" ' BE it enacted by the Senate and House of Rej^resenta-
iives, iti General Court assembled, and by the authority of
the same^ as foUoias :
Penalty for Any register of deeds who shall omit or neglect to make
omission or ihe rctums required by the act passed on the fifteenth day
re^'^ni. *° '"^'^^ of April, iu the year one thousand eight hundred and thir-
ty-six, chapter two hundred and forty-one, entuled An Act
requiring returns from Registers of Deeds, shall be subject
to a penalty of fifty dollars, to be recovered in the manner
now provided by law for the recovery of penalties, in the
fourteenth section of the one hundred and ihirty-third
chapter of the Revised Statutes. [Approved by the Gov-
ernor^ April 20, 1847. J
RESOLVES
PASSED BY THE
llegi.^lature of M^ssuftu^ttts,
Resolve authorizing
the Treasurer to borrow money in anticipation of the Qfidj). \
Revenue. •'
Resolved, That the treasurer of this Commonwealth be,
and he hereby is, authorized to borrow, in anticipation of the Treasurer to
receipts of the present year, of any of the banks of this Com- nioney, &c.^^^
monweaUh, or of any corporation therein, or of any individ-
ual or individuals, such sum or sums of money as may,
from time to time, be necessary for the payment of the ordi-
nary demands on the treasury, at any time before the expi-
ration of fifteen days after tiie meeting of tlie next General
Court; 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 : />royi(/e(/. The whole sum
however, that the whole amount borrowed by authority exceed^
hereof, and remaining unpaid, shall not at any time exceed S'so.oooat
the sum of one himdred and fifty thousand dollars. [^Z-'- ^""^ ""^'
proved by the Governor, Feb. 5, 1847. J
Resolve on the Petition of Samuel W. Clifford and others. ChciV* 2.
Resolved, That the Adjutant General be authorized to
furnish the military company, known as the Soul of Soldiery, Adjutant Gen-
a complete set of equipments for the use of said company, equ'jpmp^u'rto
and upon such terms and conditions as he may deem expe- soui ofthe soi-
dient. [Approved bi/ i/te Governor, Feb. 5, 1847.] ^'*^'^-
Resolve on the Petition of Benjamin M. Perry. nitnn ^
Resolved, for reasons set forth in said petition, that Ben-
jamin M. Perry, of Stonoham, in the county of Middlesex, Exerutor of
executor of the last will and testament of Nathan Perry, late iii«"'iii"f Na-
of said Stoneham, deceased, be hereby authorized to make, ti,or"ized"ofiie'
and file in the probate office for said county, within six months affi-^'avit and
after the passage of this resolve, an affidavit, such as is pre- &c .^ ° noi'ce,
504
1847. Chap. 3,4,5.
scribed in the case of administrators and executors by the six-
teenth section of the seventy-first chapter of the Revised Stat-
utes, together witli a copy of the notice of the time and place
of sale of certain real estate, situated in said county, belonging
to the estate of said deceased : said sale having been made
by said executor under a license granted by the court of
probate, holden at Cambridge on the ninth day of January,
Provided, &.C. in the year eighteen hundred and forty-five: pi^ovided, that
the said Benjamin M. Perry shall first give such notice, as
the judge of probate for said county shall order, of his in-
tention to file such aflidavit and copy of notice; and jjrovld-
ed that, in the judgment of said judge of probate, no sufii-
cient cause be shown why the same may not be filed ; and
such affidavit and copy of notice, thus filed, shall be as
effectual for all purposes as if the same had been filed within
the time required by law. [Aj^jJioved by the Governor^ Feb.
16, 1847.]
Resolve on the Petition of John S. Ladd.
Resolved., for reasons set forth in said petition, that John
S. Ladd, of Cambridge, county of Middlesex, administrator
of the estate of William McNamara, late of said Cambridge,
deceased, be hereby authorized to make, and file in the
probate office for said county, within six months after the
passage of this resolve, an affidavit, such as is prescribed in
the case of administrators and executors by the sixteenth
section of the seventy-first chapter of the Revised Statutes,
together with a copy of the notice of the time and place of
sale of certain real estate, situated in said Cambridge, be-
longing to the estate of said deceased ; said sale having been
made by said administrator under a license granted by the
court of probate, holden at Cambridge on the eighteenth day
of March, in the year one thousand eight hundred and forty-
Provided, &c. fj^g . provided^ that the said John S. Ladd shall first give
such notice, as the judge of probate for said county shall or-
der, of his intention to file such affidavit and copy of notice ;
and provided that, in the judgment of said judge of probate,
no sufficient cause be shown why the same may not be filed ;
and such affidavit and copy of notice, thus filed, shall be as
effectual for all purposes as if the same liad been filed
within the time required by law. [Approved by the Govern-
or, Feb. 16, 1847.]
Chap. 4.
Administrator
of estate of
William
McNamara au-
thorized to file
affidavit and
copy of notice,
Chap. 5.
Resolve in addition to a Resolve concerning the Survey of the Harbor of New
Bedford.
Resolved, That the further time of one year be allowed to
Report of com- the Commissioners who were appointed by his excellency
missiouers to be the govcmor, by virtuc of the Resolve passed April the
fore January 1, eighth, eighteen hundred and forty-six, entitled "A Resolve
1848. relating to the survey of the Harbor of New Bedford," and
1847. Chap. 5, 6, 7, 8. 605
that their report be made on or before the first day of Janu-
ary, eighteen hundred and forty-eight, to the governor and
council. [Approved by the Governor, Feb. 16, 1847.]
Resolve on the Petition of Rowland Ellis, Trustee of Emeline Josselyn, Wife Qhcip. 6.
of Lewis Josselyn.
Resolved, for reasons set forth in said petition, that said
Rowland Elhs be, and he is hereby, authorized and empow- Trustee author-
ered to raise, by mortgage of the real estate of said EmeUne, ga^ge °eai°es-
held by him, or which he was entitled to hold, as her trustee, taie.
on the sixth day of February, eighteen hundred and forty-
six, a sum of money not exceeding ten thousand dollars;
and the deed or deeds of mortgage of said estate, duly ex-
ecuted by said Rowland, shall be valid and effectual to se-
cure the payment of the promissory note or notes of said
Rowland, for amounts not exceeding ten thousand dollars in
the whole, with lawful interest thereon : provided, that no Provided, &c.
such mortgage or mortgages shall be made without the
written consent of said Lewis and Emeline, nor until said
Lewis shall have executed, and caused to be executed, and
delivered to said Rowland, a release of said Lewis' right
and title to said estate, and also of a mortgage thereof, made
by said Lewis to Benjamin Rogers, on the fifth day of June,
in the year one thousand eight hundred and forty-six : pro-
vided further, that no conveyance, made by said Rowland,
shall aft'ect or impair any right, title, or claim to said estate
acquired under the said Josselyn : provided also, that all
moneys, raised by said Rowland under the authority of this
resolve, shall be applied to the payment of the buildings
and improvements made upon said estate ; and if more
money is raised than is necessary for this purpose, the sur-
plus shall be invested by said Rowland on the trusts declared
in said indenture ; but this proviso is not to affect the valid-
ity of any conveyance or mortgage made by said Rowland.
[App7'oved by the Govertior, Feb. 18, 1847.]
Resolve on the Petition of the President and Directors of the Lee Banli. ChcLX). 7.
Resolved, for reasons set forth in said petition, that there
be allowed, and paid, out of the treasury of the Common- gioofine to be
wealth, to the cashier of said Lee ]3ank, the sum of one repaid.
hundred dollars, being the amount of a fine paid by said
bank into the treasury of the Commonwealth, as a penalty
for a delay of one day in making their returns according to
law; and that the governor draw his warrant therefor ac-
cordingly. [Approved by the Governor, Feb. 18, 1847.]
Resolve on the Petition of Benjamin Stevens, Sergeant-at-Arms. ChctV, 8.
Resolved, That there be allowed and paid, out of the pub-
lic treasury, the sum of three hundred and sixty-seven dol- 52133 24. to be
lars and twenty-nine cents, the same being in addition to pa !<*'"/ ""e-
•' ' <-> pairs, tsic. in
506 1847. Chap. 8, 9, 10.
the Stale the sum of six hundred dollars appropriated by a " Resolve
House. ^Q^, sundry Repairs upon the State House," passed April
seventh, eighteen hundred and forty-six. Also the sum of
forty-four dollars and fifty-five cents, the same being in ad-
dition to the sum of six hundred dollars appropriated by
"Resolves relating to Repairs around the State House,"
. passed April seventh, eighteen hundred and forty-six. Also
the sum of thirteen hundred and fifty-five dollars, and fifteen
cents, the same being in addition to the sum of twelve hun-
dred doUars, appropriated by " Resolves for the more am-
ple and suitable accommodation of the Library," passed
March twenty-seventh, eighteen hundred and forty-six.
Also the sum of three hundred and seventy-one dollars, and
twenty-five cents, to be appropriated to the payment of ex-
pense incurred by placing the " Massachusetts Coat of
Arms" over the speaker's chair in the House of Represent-
atives, agreeably to an order of the House of Representa-
tives, passed March twenty-seventh, eighteen hundred and
forty-six. In all, the sum of twenty-one hundred and thirty-
eight dollars and twenty-four cents; and that the governor
be requested to draw his warrant accordingly. [Appi^oved
by the Governor^ Feb. 24, 1847.]
Chew. 9. Resolve for the Recovery of a Volume of the Journals of the House of Rep-
"^ resentatives.
Reward of Resolved, That the clerk of the house of representa-
5100 to be of- lives is empowered and directed to off'er a reward of one
leredior the re- hmi(ji-ed dollars for the recovery of the twenty-seventh vol-
covcry ol the ^ , . i r ^ tt ■ • , , i i
27ih volume of umc 01 the joumai or that House, which volume has been
orirTi'^'^ taken from the clerk's lobby : and that the governor is au-
thorized to draw his warrant on the treasurer of the Com-
monwealth therefor, if the volume shall be recovered. [Ap-
proved by the Governor, Feb. 24, 1847.]
ChciT). 10. Resolves concerning the Existence and Extension of Slavery within the Ju-
^ risdiction of the United States.
Slavery in the Rcsolved^ 7i7ia)iimoushj, That the Legislature of Massa-
Uniied States a chusetts views the oxisteucc of human slavery within the
ihi'cTie^vif '^°' iiti^its of the United States as a great calamity, an immense
which ought to moral and political evil, which ought to be abolished, as
aboTsif d'i^ - ^°'^'^ as that end can be properly and constitutionally at-
tonsniuiinnai taiucd, and that its extension should be uniformly and earn-
meaiis, and not estly opposed by all good and patriotic men throughout
extended. the Union.
Resolved., unanimnvsJy.^ That the people of Massachu-
Massachiiseits sctts will streuuously rcsist thc annexation of any new ter-
wiii resist the ritory to this Uuiou, in which the institution of slavery is
inilre'sUve ter- ^0 be tolerated or established ; and the Legislature, in behalf
ritory; of the pcopIc of this Commonwealth, do hereby solemnly
raturer-s^c^-^pro- P^otest agaiust the acquisition of any additional territory,
tests against without au cxprcss provision by Congress that there shall
1847. Chap. 10, 11, 12. 507
be neither slavery nor involuntary servitude in such territory, such annexa-
otherwise than for the piniishment of crime. """•
Resolved, iinanimouslii, That his excellency the ofovern- Resolves to be
or be requested to transmit a copy of the foregoing re- &,c. '
solves to each of the senators, and members of the house
of representatives, of this Commonwealth, in the Congress
of the United States. [Approved by Ihe Governor, Feb. 27,
1847.1
Resolve on ihe Petition of David A. Dunbar and Others. Chuj), 1 1
Resolved, for the reasons set forth in said petition, that
Laura Ann Dunbar, wife of David A. Dunbar, and Elmira Minors to join
L. Burnside, wife of said Clem A. Burnside, minors, under wiih theirhus-
Ihe age of twenty-one years, are hereby respectively em- cutingdeedrof
powered to join with their said respective husbands in ex- real estate, in
ecuting any deed or deeds of their respective undivided in- "^'°"'
terests and shares in certain real estate in Boston, which
descended to said Laura and Elmira, respectively, from
their father, Leonard Spaulding, late of said Boston, de-
ceased intestate, or in any parts or parcels thereof, to wit :
a parcel of land, with a dwelling-house thereon, at the cor-
ner of Leverett and Spring streets, measuring about forty-
six feet on Leverett, and about sixty feet on Spritig street,
and a parcel of land, wharf and flats at the foot of Poplar
street, bounding easterly on land now or late of Whitney in
part, and in part on land now or late of Ramsdell, about
one hundred and nineteen feet, and extending westerly out
to the channel, or low-Avater mark, of the same, or about
the same, breadth. And any deed or deeds duly executed
by said Laura Ann, jointly with her said husband, shall be
good and sufficient in law, and as effectual to convey her
interest and estate, in the premises therein described, as if
she were of full age. And any deed or deeds duly executed
by said Elmira L., jointly with her said husband, shall be
good and suflicientin law, and as eflfectual to convey her in-
terest and estate, in the premises therein described, as if she
were of full age. [Approved by ihe Governor, March 3.
1847. J
Resolve on the Petition of the School Committee of the Town of Oaliham. Qfinrf. 12
Resolved, for reasons set forth in the said petition, that
there be reserved, out of the income of the school fund of the a sum, &c. to
present year, for the benefit of the town of Oakham, a sum be reserved
equal to what that town would have received from the in- [nconle'onhe''^
come of the same, for the last year, if the said town had school fui.d. and
been returned to the treasurer as entitled to a share in the ham.'°^^*'
income of said fund ; and that the sum so reserved be added
to the share, if any, to which said town may be entitled from
the income of the said fund, for the present year. [Ap-
proved by ihe Governor, March 3, 1847. J
508 1847. Chap. 13, 14, 15.
Chap. 13.
Warrant to be
Eesolve to pay for copying certain Documents.
Resolved^ That the governor be authorized to draw his
warrants upon the treasury for such sums as may be neces-
dravvn to pay" sary to pay for copies of any documents, heretofore sent to
for copies of Washinstou from the archives of the Commonwealth, re-
QOCUITIBnlS S6nt ^
to Washington, lating to claims for military services, and lo the boundary
line between Massachusetts and Rhode Island, which copies
may be required to be left with the clerk of the supreme
court, or elsewhere, in Washington. [Approved by the
Governor^ March 3, 1847.]
C/ha,p, 14. Resolve upon the Petition of Isaac Livermore.
Resolved, That, for reasons set forth in said petition, the
Conveyance of Conveyance of certain real estate in the city of Boston, made
b^^'^LxemoTol-^ by Philo S. Shelton, as executor of the last will and testa-
wiii of Benj. P. ment of Benjamin P. Homer, deceased, to John Welch, re-
Homer,inade corded with SufFolk deeds, book 439, page 281, be, and the
same is hereby, declared to be valid and effectual in law, to
all intents and purposes, to vest in said Welch, his heirs
and assigns, all the right, title, interest and estate in and to
said real estate, which said Homer could then have convey-
ed if living ; and that said Shelton, executor as aforesaid,
be and hereby is authorized, in consideration of the sum ojf
money by him heretofore received from said Welch, to
make, execute, and deliver to said Welch, and those claim-
ing under him, and their respective heirs and assigns, a con-
firmatory conveyance of said real estate, to the end that
the title of said Welch, and of those claiming under him, in
and to said real estate, shall be forever valid and effectual,
as if derived from said Homer, by deed, in his life-time.
[Approved by the Governor, March 3, 1847.]
^j 1 r Resolve providing for the further distribution of the Report on the Trees
L/tlCtp. lo. ar)(i Shrubs growing in the Forests of Massachusetts.
Resolved, That, in addition to the distribution of the Re-
di*'tribu"'d''^ port on the Trees and Shrubs growing in the Forests of
Massachusetts, now authorized by law, a further distribu-
tion be made as follows, viz : one copy to each justice of
the supreme court and court of common pleas, and to
each judge of probate ; one copy each to the adjutant gen-
eral, sergeant-at-arms, and warden of the state prison;
five copies to each agricultural and horticultural society
now incorporated within this Commonwealth ; one copy to
each member of the present Legislature ; one copy each to
the senators and representatives of Massachusetts in Con-
gress ; and one hundred copies to the commissioner on the
botanical survey of this Commonwealth, and the residue
to his excellency the governor, to be disposed of, at their
discretion, in such manner as may best subserve the cause
of science and education. [A^jproved by the Governor,
March 3, 1847.]
1847. Chap. 16, 17, 18, 19. 509
Resolve relating to the Library of the State Prison. ChttJ). 16.
Resolved, That, from and after the first day of April, one
thousand eight hundred and forty-seven, the sum of one Annual appro-
hundred dollars, annually, shall be appropriated from the priatiwoti^ioo
funds of the state prison, to be expended by the warden, isl?, to^Ce e'x-
under the direction of the inspectors of said prison, for the pended by the
increase, preservation, and care of the library of said prison. ^^''^^°' *^*'-
[Approved by the Governor, March 4, 1847.]
Resolve for furnishing certain Books to the County of Nantucket. ChttZ) 17.
Resolved, That the Secretary of the Commonwealth be,
and he is hereby, directed to furnish the county of Nan- secretary to
tucket with complete sets of the Massachusetts Reports, furnish reports,
Pickering's Reports, and Metcalfs Reports; also, with a fooksdSyed
copy of the Revised Statutes, and copies of such of the by fire,
general and special laws of the Commonwealth as he may
have in his office, to supply the place of those destroyed by
fire at Nantucket in July last. And the Secretary is hereby
authorized to purchase such copies of the reports aforesaid
as may be necessary to carry into effect this resolve. And
his excellency the governor is hereby authorized to draw
his warrant for the expense of the same accordingly. [Ap-
proved by the Governor, March 6, 1847.]
Resolve for furnishing the Town of Fall River with a set of the Reports of /^/,^ l o
the Decisions of the Supreme Judicial Court. Kyflap. lO.
Resolved, That the Secretary of the Commonwealth be,
and her is hereby, directed to furnish the town of Fall ^S^'Jons
River, in the county of Bristol, with complete sets of the &c. in place of
Massachusetts Reports and Pickering's Reports, of the De- Jooks^destroyed
cisions of the Supreme Judicial Court, to supply the place
of those destroyed by fire, in said town, on the second day
of July, in the year eighteen hundred and forty-three. And
he is hereby authorized to purchase such copies as may be
necessary to carry into effect this resolve. And his excel-
lency the governor is hereby authorized to draw his war-
rant for the expense of the same, accordingly. [Approved
by the Governor, March 6, 1847.]
Chap, 19.
Resolves upon the Petition of John M. Forbes and Samuel Henshaw,
Trustees.
Resolved, for the reasons in said petition set forth, that
John M. Forbes and Samuel Henshaw, as they are trustees tho^fzed^oTor-
under the indenture recorded with Suffolk Deeds, in lib. row money and
467, fol. 162, and their lawful successors in said trust be, mongage real
1,1, 1-11 r- ' estate in iJos-
and they hereby are, authorized to borrow of any person or ton.
persons, any sum or sums of money, not exceeding in all,
the sum of twenty-five thousand dollars, upon such terms,
as to time of payment and rate of interest, not exceeding
six per cent, as they may think advisable ; and, as security
therefor, to convey, in fee and in mortgage, to the person or
65
510
1847.-
-Chap. 19.
Provided, &c.
Proceeds of
sales of trust es-
tate, &c. to be
invested, &c.
persons loaning said money, and his or their heirs and
assigns, all that parcel of land situate at the corner of
Washington street and State street, in said Uoston, (now
vested in said trustees, by said indenture, and by the parti-
tion of the real estate late of Joseph Coolidge, deceased,
recorded with Suffolk Deeds, lib. 472, fol. 115,) with the
privileges and appurtenances thereof; the said mortgagees,
their heirs and assigns, to be in no wise responsible for the
appropriation or application of the sum or sums of money
so loaned, and the said deed or deeds of mortgage, when
executed and delivered by said trustees, as aforesaid, or
their successors in the trusts, to be valid and effectual to
pass said real estate free and discharged of and from all
and singular the trusts in said indenture set forth, fully and
absolutely, to all intents and putposes : provided, however,
that, before executing such deed or deeds of mcjrtgage, said
trustees, or their successors in said trusts, shall give bond
to the judge of probate, for the time being, of the county of
Suffolk, in such penalty, and with such surety or sureties, as
shall be approved by said judge of probate, conditioned
faithfully to expend the sum or sums of money so bor-
rowed, in improvements upon the parcel of real estate,
being the land, wharf, and flats, situate on the westerly
side of Charles street, in said Boston, now vested in said
trustees by force of said indenture and partition, according
to their best judgment, for increasing the annual rents and
the permanent value of said last-mentioned real estate.
Resolved, That, upon the sale of said trust estate, held
by the said trustees, by and under said indenture above
mentioned, or upon the sale of any part thereof, as they
may be authorized by said indenture to sell and convey, or
upon any change of investment of said trust estate, or any
part thereof, as they may be by and under said indenture
authorized to make, or upon the receipt, by them, of any
moneys or estate, to be held by them by and under the said
indenture, they, the said trustees, and their lawful succes-
sors in said trusts, may have the power and authority, in
addition to the powers of investment in said indenture
granted, to invest the proceeds of such sales, changes of
investment and receipts, in such shares of the capital stock
of banks, or in such shares or bonds of such rail-roads, as
they may deem to afford safe and secure investments, and
to be for the best benefit, and interest, and security of all
parties in interest under said indenture ; and the said in-
vestments, by this resolve authorized to be made, may and
shall be made, by the said trustees, upon and under the
same responsibility and liability as is, by said indenture,
provided for all the acts and doings of the said trustees.
[Approved by the Governor, March 10, 1847.]
1847. Chap. 20, 21, 22. 51 1
Resolves providing for further accommodations in the Secretary's Office. ChttJ). 20.
Resolved, That the sergeant-at-arms, under the directions
of a committee, to consist of the Secretary of the Common- Sergeant-at-
wealth and two members of the present Legislature, cause arms to prepare
a room to be prepared in the basement story, directly under thrsecre'tary's
the Secretary's office, for the better accommodation of the office, undenhe
business of that office, and, for that purpose, to cause the commUtee &c.
water-closets now occupying that part of the building to be
removed to the outside of the state-house.
Resolved, That the sum of three thousand dollars be. Appropriation
and the same is, hereby appropriated for the purpose q( °^ S^^^oo, Si.c.
carrying into effect the foregoing resolve ; which sum, or
such parts thereof as may be necessary, shall be expended
in accordance with the provisions of an act, entitled "An
Act relating to the State-house," passed the eighteenth day
of March, one thousand eight hundred and forty-one. [Ap-
proved by the Governor, March 10, 1847.J
Resolve on the Petition of the Town of Ludlow. Chop. 21,
Resolved, for reasons set forth in said petition, that there
be paid, out of the treasury of the Commonwealth, to the Allowance of
treasurer of the town of Ludlow, sixty-five dollars and one gesoi forsup-
cent, being a balance due said town for the support of s'tate°paupers.
Timothy Haskel and Harvey Olds, State lunatic paupers,
from the first day of November, in the year one thousand
eight hundred and forty-five, to the twenty-ninth day of
September, in the year one thousand eight hundred and
forty-six, — the said town of Ludlow having received of the
Commonwealth forty-six dollars and forty-two cents for the
support of the same persons as ordinary State paupers;
and that the governor draw his warrant accordingly, [Ap-
proved by the Governor, March 15, 1847.]
Resolve granting Taxes for the several Counties. Chfin 22
Resolved, That the sums placed against the names of the
several counties in the following schedule are hereby grant- county taxes
ed, as a tax for each county respectively, to be assessed, amounting to
paid, collected, and applied, according to law, viz: county S'^^^,^"^^-
of Essex, thirty-two thousand six hundred dollars; county
of Middlesex, forty-four thousand two hundred and seven-
ty-five dollars; county of Worcester, thirty thousand dol-
lars; county of Hampshire, nine thousand dollars ; county
of Hampden, fourteen thousand dollars; county of Frank-
lin, seven thousand dollars; county of Berkshire, fifteen
thousand dollars; county of Norfolk, fourteen thousand
five hundred dollars; county of Plymouth, twelve thousand
dollars; county of Bristol, twenty-two thousand dollars;
county of Barnstable, six thousand three hundred dollars ;
county of Dukes, one thousand five hundred dollars. [Ap-
proved by the Governor, Mai'ch 17, 1847.]
612
1847. Chap. 23, 24, 25, 26.
Chap. 23.
Allowance of
^203 48, for
support of
Stale paupers.
Chap.
Allowance of
;g44 85, for
support of a
Christiantown
Indian.
Resolve on the Petitions of the Commissioner and Treasurer of the Marsh-
pee District and of Herring Pond Plantation.
Resolved^ for reasons set forth in said petitions, that there
be paid out of the treasury of the Commonwealth, to the
treasurer of the District of Marshpee, the sum of two hun-
dred three dollars and forty-eight cents; to wit: one hun-
dred and thirty-eight dollars and forty-eight cents, in full
for the support of six State paupers, and sixty-five dollars, in
full for the support of Polly Cetum, a lunatic State pauper,
from the first day of November, in the year one thousand eight
hundred and forty-five, to the first day of November, in
the year one thousand eight hundred and forty-six, all in the
District of Marshpee. And also, to the treasurer of Herring
Pond Plantation, the sum of fifteen dollars, in aid of the
support of William Carter, a State pauper in Herring Pond
Elanfation ; and that the governor draw his warrant therefor
accordingly. [Apjjroved by the Governor^ March 20, 1847.J
24. Resolve on the Petition of Leavitt Thaxter, Guardian of the Christiantown
Indians.
Resolved, for reasons set forth in his petition, that there
be paid out of the treasury of the Commonwealth to Leavitt
Thaxter, guardian of the Christiantown Indians, the sum
of forty-four dollars and eighty-five cents, as a compensa-
tion to him for money expended by him in the support of
Charles W. James, one of said Christiantown Indians; and
that the governor be requested to draw his warrant on the
treasury accordingly. ^Approved by the Governor, March
20, 1847.]
Resolves on the Petition of William Roach and Hannah Roach.
Resolved, for reasons set forth in said petition, that Wil-
liam Roach and Hannah Roach be enabled and allowed
to inherit, take, and hold all the estate, both real and per-
sonal, of which Henry P. Jones, late of Medfield, in the
county of Norfolk, yeoman, deceased intestate, died seized
or possessed, in the same manner and to the same extent, in
every respect, as the said William Roach and Hannah
Roach might or could have inherited, taken, and held the
same, by the statutes of descent and distribution of this
Commonwealth, had they been own brother and sister of
said intestate.
Resolved, That the court of probate, in and for the said
county of Norfolk, have and take jurisdiction in this case, in
as full and ample manner, as by law it has and exercises in
the administration, distribution, and final settlement of other
intestate estates. [Approved by the Governor, March 23,
1847.]
Chap. 26. Resolve on the Petition of William D. Winter, Guardian.
Guardian au- Rcsolved, for the reasous set forth in said petition, that
thorized to sell William D. Winter, of Clinton, in the State of Louisiana,
Chap. 25.
Authorized to
inherit estate of
Henry P.
Jones, de-
ceaed.
Court of Pro-
bate of Norfolk
county to have
jurisdiction.
1847. Chap. 26, 27, 28, 29. 513
counsellor at law, guardian of his minor child, Samuel Win- minor's interest
ter, of said Clinton, be, and he is hereby, authorized and touf"
empowered to sell, at public or private sale, all the interest
of said Samuel Winter in and to a certain piece or parcel of
land, situated in Boston, in the county of Suffolk and Com-
monwealth of Massachusetts, on the easterly side of Har-
rison avenue, bounded west by said avenue, by two lines,
fifty-eight feet and two inches ; south on land now or late of
A. S. Johnson, forty-three feet and seven inches ; thence east
on said Johnson's land twenty-five feet and two inches;
thence southerly again on said Johnson's land, ten feet and
six inches; thence east again on said Johnson's land, twenty-
nine feet and eight inches, to a passage-way, and northerly
on said passage-way fifty-three feet and six inches to said
avenue ; and, also, the right of said Samuel Winter, in and to
the said passage-way on the north side of the land above
described, and all rights, easements, privileges, and appurte-
nances, to said premises belonging; and to make, execute,
acknowledge, and deliver, good and sufficient deeds thereof
to the purchaser or purchasers thereof: provided, .the said Provided, &lc.
guardian shall first give to the judge of probate for the
county of Suffolk a bond, with good and sufficient surety or
sureties, conditioned that he will execute the powers herein
granted according to the best of his judgment, and apply
the proceeds of said sale, or invest the same, according to
Jaw. [Approved by the Governor, March 23, 1847.]
Resolve for the Payment of Military Accounts. Chnti 97
Resolved, That there be allowed and paid, out of the "'
treasury of the Commonwealth, to the several persons men- .„
.• J • ^1 • 11 r •!• 1 Allowance of
tiotied m the accompanying roll or military accounts, the gio25 50.
sums set against their names respectively, amounting, in the
whole, to ten hundred twenty-five dollars and fifty cents,
the same being in full discharge of the demands to which
they refer; and that the governor draw his warrant therefor
accordingly, [Approved by the Governor, March 26, 1847. J
Resolve in relation to the State Arsenal in Cambridge. ChcLTJ. 28.
Resolved, That the adjutant general be, and he is hereby,
authorized and required to make such repairs at the arsenal Adjutant Gen-
at Cambridge, as may, in his opinion, be necessary for the eraitomake
preservation of the buildings, and the safe-keeping of the expense not"
military stores contained therein : provided, that the expense g^'^^ff^'"^
thereof shall not exceed four hundred dollars; and that the frayed' &c^.
same be defrayed out of any unexpended balance of former
appropriations for the quarter master general's department.
[Approved by the Governor, March 26, 1847.]
Resolve on the Petition of Ezekiel Needham. ClufP. 29.
Resolved, for the reasons set forth in said petition, that all (^on,n,o„.
the rights which this Commonwealth has acquired or may wealth's title to
614 1847. Chap. 29, 30, 31, 32, 33.
afarminGro- acquire bv Gscheat, in and to a certain farm situate in the
ton relinquished. ^^^^^ of Groton, and conveyed by said Needham to Charles
B. Lucas, by deed dated October twenty-fourth, in the year
one thousand eight hundred and forty-five, and recorded in
tlie Middlesex Registry of Deeds, volume four hundred and
seventy-two, page ten, be, and the same is hereby, relin-
quished to said Needham. [Approved by the Governor,
March 27, 1847.]
Chan 30 Resolve concerning the Quarter Master General's Department.
' Resolved^ That the sum of three thousand dollars, be, and
Appropriation the Same is hereby appropriated to defray the expenses of
of ^3000. the quarter master general's department for the current
year, and that warrants be drawn therefor. [Approved by
the Governor, March 29, 1847.]
Chap. 31. Resolve in addition to a Resolve, authorizing the Survey of South Bay and
"' Charles and Mystic Rivers.
Resolved, That there be paid out of the treasury of this
Additional ap- Commonwealth, in addition to tlie amount appropriated by
not exceeding a rcsolve passcd on the sixteenth day of April, in the year
^120. one thousand eight hundred and forty-six, such sum or sums
of money, not exceeding in the whole, one hundred and
twenty dollars, as may be necessary to carry into effect the
provisions of said resolve; and that a warrant be drawn ac-
cordingly. [Approved by the Governor, April \, 1847.]
Chat) 32. Resolve on the Petition of Josiah Brown.
Resolved, That there be allowed and paid, out of the
Allowance of treasury of this Commonwealth, to Josiah Brown, of Hat-
gi6,ior services field, the suui of Sixteen dollars, in full for services as a
rheTe^islaiure member of the Legislature, for the year one thousand eight
in 1846. hundred and forty-six ; and that a warrant be drawn ac-
cordingly. [Approved by the Governor, April 7, 1847.]
A>i qq Resolve on the Petition of the Trustees of Amherst College.
■^* * Resolved, for reasons set forth in the said petition, that
. ,, ^ there be allowed and paid, out of the proceeds of the sales
anceofssooo of the pubHc lauds, according to the provisions of the stat-
for five years, ^^jg Qf ^}^g year ouc thousand eight hundred and forty-six,
of'saies'o'f pub- chapter two hundred and nineteen, section two, to the treas-
lic lands. y^-er of Said college for the time being, for the use of said
college, the sum of five thousand dollars, on the first day of
June, in each year, for five successive years, the first pay-
ment of five thousand dollars to be made on the first day of
June next. And his excellency the governor, for the time
being, is hereby auhorized and requested to draw his war-
rants acccordingly. [Appi^oved by the Governor, April 7,
1847.]
Chap. 35.
1847. Chap. 34, 35. 515
Resolves relating to the Survey of Boston Harbor. ChdT}, 34.
Resolved^ That a sum not exceeding three thousand five
hundred dollars, b.e hereby appropriated to defray the ex- Appropriation
penses of procuring a survey and chart of Boston Harbor, by ptolu^l^l!; [["^
the officers and engineers of the United States employed on chanoi Soston
the coast survey, in order to complete the survey commenced ^"''°''-
by them in said harbor in the year one thousand eight hun-
dred and forty-six ; and the governor is hereby authorized
to draw his warrants acccordingly.
Resolved, That the governor, if he shall deem it necessa- Governor, with
ry, be authorized, by and with the advice and consent of ^''^''^.^''^''•'"^y
,{1 -1 i • , • • • • appoint com-
the council, to appomt a commissioner or commissioners to missioners,(fec,
designate the points of observation and inquiry, and direct
the disbursement of the money that is required for said sur-
vey, and to draw his warrant for his or their compensation,
from the sum hereby appropriated \^Aj)proved by the Gov-
ernor, April 7, 1847.]
Resolves for erecting the State Reform School Buildings.
Resolved, That his excellency the governor, by and with
the advice and consent of the council, be, and he is hereby, ^ ...
authorized and empowered to appoint a board of three advice, &c.
commissioners, who shall cause to be erected, on such site, fiu'ii^nzed to
upon any part of the farm in Westborough recently ob- commissioners,
tained by gift to the Commonwealth, as they may judge •^'=-
best, a building or buildings suitable for the accommodation
of a superintendent and steward, with their families, and
a teacher or teachers, and capable of accommodating three
hundred boys; and that said commissioners shall have
power to make all necessary contracts for, and to appoint
agents to superintend the erection of the same. And said
commissioners shall present all their accounts to the gov-
ernor and council, to bo by them audited and allowed, from
time to time, as they shall deem just.
Resolved, That, for the purpose of defraying the expenses Additional ap-
to be incurred under the previous resolve, his excellency pa'coo'"" "'^
the governor be, and he is hereby authorized, by and with
the advice and consent of the council, to draw his warrants,
from time to time, upon the treasurer of this Common-
wealth, for the necessary sums of money, not exceeding,
in the whole, thirty-five thousand dollars, in addition to the
sum already appropriated by a resolve passed on the six-
teenth day of April, in the year one thousand eight hundred
and forty-six.
Resolved, That the sum of one thousand dollars, remain- Appropriation
ing in the hands of the commissioners, being the balance of "' ^'ooo. for
". . 1111 1 permanrnt im-
the donation oi ten thousand dollars to the Commonwealth, provemeuts.
be appropriated for permanent improvements for the benefit
of said school, and be expended under the direction and at
the discretion of the trustees.
516
1847. Chap. 35, 36, 37.
Appropriation Resolved, That, for the purpose of stocking, improving,
of g 1000, for g^j^(j cultivating, said farm at Westborough, for the current
stock in 2" iiTi" ^ cj '
proving.'and year, the sum of one thousand dollars be appropriated; and
cultivating said j^jg excellency the governor be, and he is, hereby authorized,
by and with the advice and consent of the council, to draw
his warrant upon the treasurer of the Commonwealth for
the same. [Approved by the Governor, April 9, 1847.]
Chap. 36.
Executor of the
will of Benja-
min P. HriiTier
authorized to
execute and
deliver deed or
deeds of real
estate in Bos-
ton, &.C.
Provided, &c.
Chap. 37.
Executor of the
will of Heman
Goodspced au-
thorized to file
affidavit and
copy of notice.
Resolve on the Petition of Philo S. Shelton.
Resolved, for reasons set forth in said petition, that the
said Philo S. Shelton, sole remaining executor of the will
of Benjamin P. Homer, late of Boston, in the county of
Suffolk, deceased, be, and hereby is, authorized to execute
and deliver to John E. Thayer, of said Boston, any deed,
or deeds, that may be necessary to pass the whole title and
estate, of which the said Benjamin P. Homer died seized
and possessed, in and unto a certain piece or parcel of land,
with the dwelling-house and other buildings thereon, situ-
ate at the corner of Beacon and Walnut streets, in said
Boston, bounded as follows, viz : — Beginning at the north-
west corner of said land on Walnut street, and thence run-
ning southerly, and bounded westerly on Walnut street,
two hundred feet, more or less, to Beacon street; southerly,
on Beacon street, thirty-two feet; easterly, on land of Sam-
uel Appleton, two hundred feet, more or less; northerly, on
land devised, under said will, to certain trustees, for Mary
Dixon, about forty-nine feet, together with all the rights,
privileges, and appurtenances, to said premises belonging;
so that said Thayer, his heirs and assigns, may thereafter
hold said premises free and discharged from all trusts, limi-
tations, or conditions, in the will of said Benjamin P. Homer
contained, and from all obligations or accountability concern-
ing the appropriation of the consideration-money paid for
said premises : provided, that the petitioner shall first give
bond, with surety or sureties, to the judge of probate for the
county of Suffolk, to the satisfaction of said judge, for the
faithful execution of the power hereby conferred, and to
apply and account for the said consideration-money accord-
ing to law and said will. [Apjoroved by the Governor,
April 9, 1847.]
Resolve on the Petition of William C. Goodspeed, Executor.
Resolved, for reasons set forth in said petition, that Wil-
liam C. Goodspeed, of Hubbardston, county of Worcester,
executor of the last will and testament of Heman Good-
speed, late of said Hubbardston, deceased, be hereby au-
thorized to make and file, in the probate office for the
county of Worcester, within six months after the passage
of this resolve, an affidavit, such as is prescribed in the
case of administrators and executors by the sixteenth sec-
1847. Chap. 37, 38, 39. 517
tion of the seventy-first chapter of the Revised Statutes,
together with a copy of the notice of the time and place of
sale of certain real estate, situated in the town of Hubbard-
ston, belonging to the estate of said deceased ; said sale
having been made, by said executor, under a license grant-
ed by a court of probate, holden at Worcester on the first
Tuesday of February, one thousand eight hundred and
forty-five : provided, that the said William C. Goodspeed ProuM/erf,&c.
shall first give such notice as the judge of probate for said
county shall order, of his intention to file such affidavit
and copy of notice : and provided that, in the judgment of
said judge of probate, no sufficient cause be shown why
the same should not be filed ; and such affidavit and copy
of notice, thus filed, shall be as eff'ectual for all purposes as
if the same had been filed within the time required by law.
[Approved by the Governor, April 10, 1847.]
Resolve on the Petition of Samnel Bixby. Phnn ^R
Resolved, for reasons set forth in said petition, that there
be paid, out of the treasury of this Commonwealth, to Sam- . ■ „
1 i-k- 1 i' TT-iii • I ^ -iiT /. Annual allow-
uel Bixby, ot Millbury, m the county of Worcester, for a nee of gso for
revolutionary services, the sum of fifty dollars a year, for life, from Janu-
1 1 • I • 1 IT 1 y- T T ^'y l> 1848,
and durmg his natural lite, the first payment to be made for revoiution-
on the first day of January next, and that the governor ^""^ services.
draw his warrant therefor accordingly. [Approved by the
Governor, April 12, 1847.]
Resolves on the Petition of the Water Commissioners of the City of Boston. /^^^ oq
Resolved, That the treasurer and receiver general of the
Commonwealth is hereby authorized and directed to exe- c^mmo
cute and deliver, to the city of Ooston, a deed conveying to wealth's estate
the said city the estate owned by the Commonwealth °" Hancock
on Hancock street, in the said city, and now occupied by ton!*io be con-
the sergeant-at-arms, on the payment, at any time within veyed to the
one year from the passage of these resolves, by the water fo'r'gi'a cxw ^°°'
commissioners of the said city, of the sum of thirteen thou- ^'^■
sand dollars.
Resolved, That the sergeant-at-arms, at any time after Serffeant-at-
the delivery of the deed aforesaid, under the direction of a arms to pur-
joint committee, consisting of one member of the Senate ^j'g^^gg^j^g^'*' '^^
and two members of the House of Representatives, is here- the name of the
by authorized and directed to purchase, in the name of the Co"imonweaiih,
r< 11 , 1 111-, , under direction
Commonwealth, an estate, with a dwelling-house thereon, of a committee,
suitable for the occupation of the sergeant-at-arms, in the
city of Boston, in the vicinity of the state-house, at a price, at a cost not
including all necessary expenses and repairs, not exceeding lYs^ooo"^
thirteen thousand dollars. ^
Resolved, That, when such an estate shall have been pur- arm* to occupy
chased, the sergeant-at-arms, for the time being, mav ^"^ '"'P''?^®
J • ti • xi .1 estate to be
occupy and improve the same, in the same manner that the purchased.
518 1847. Chap. 39, 40, 41, 42.
estate now owned by the Commonwealth has been occupied
and improved by that officer.
Warrants to be Resolvod^ That his excellency the governor be requested
rawn, c. ^^ draw his warrant upon the treasury, for the payment of
the purchase-money and the necessary expenses of such
estate as may be purchased in pursuance of the preceding
resolves, [Approved by the Governor^ April 13, 1847.]
Chnn AD Kesolve authorizing the Land Agent to sell Lands, in certain cases.
* Resolved, That the land agent be authorized and directed
1 J . . to make a further sale of lands, heretofore sold by this
Liand agent to i • i i 1/1
sell lands sold Commonwealth, m those cases where notes taken lor the
un'^aiVfo*^'^'' '^^^^ lands were due in the year one thousand eight hun-
dred and fopty-one, or before that year, and remain unpaid :
Provided, &c. provided, that the land agent shall first give notice to the
delinquent purchasers of the said lands, where the parties
are known, of the passage of this resolve; and if the said
delinquent purchasers shall fail to pay their said notes to
the treasurer of the Commonwealth on or before the first
day of September, in the year one thousand eight hundred
and forty-seven, then the said treasurer is directed to cancel
or deliver up the said notes to the makers thereof. [Ajj-
proved by the Governor, April 13, 1847.]
Chnn A\ Resolve relating to Literary Exchanges in France.
^' ' Resolved, That a sum, not exceeding three hundred dol-
1 ^^^'^5 ^^^ addition to the balance which may remain of the
prop'riai'ion of' appropriation of the twelfth day of February, in the year
gsooforex- ^^^^ thousaud eight hundred and forty-six, is hereby appro-
penses in ans. ^^.-g^^g^ ^^ defray the expenses incurred for the Common-
wealth, in the city of Paris, in the kingdom of France, on
account of literary and scientific exchanges with this Com-
monwealth; and the governor is hereby authorized to draw
his warrant accordingly. [Approved by the Governor, April
14, 1847.]
Chnn 4*2 Resolves concerning the State Lunatic Hospital.
' Resolved, That the trustees of the State Lunatic Hospital
Unexpended ^rc hereby authorized to use the unexpended balance of the
balance of Jo- Johouuot fund, for the purposc of providing new apartments
be"eTended^° for the furiously iusaue patients of said hospital, and the
^^expen e , ^.^^j^jg^g ^^ g^-^j hospital are hereby authorized to build the
same.
Additional ap- Resolved, That, in addition to the above fund, the sum of
propriation of gjx thousaud dollars is hereby appropriated for the purpose
lidingaccom-' of enabling the trustees to erect a suitable building, or
modationsfor buildings, for the purpose expressed in the foregoing re-
paUenS '°^^°^ solve ; and that his excellency the governor is hereby au-
thorized to draw his warrant on the treasury of the Com-
monwealth, payable to the treasurer of said hospital, for the
1847. Chap. 42, 43, 44, 45, 46. 519
whole, or any part of said sum, whenever thereto requested
by said trustees. [Approved hy the Governor^ April 14,
1847.]
Resolve to pay the Chaplains of the Legislature. ChcLT). 43
Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to the chaplain of the Allowance of
Senate and to the chaplain of the House of Representatives, S^o each to the
each the sum of sixty dollars, and that warrants be drawn Senateand ^^^
accordingly. [Approved by the Governor, April 15, 1847. J House.
Resolve fur the pay of the Council, Senate, and House of Representatives. Chap. 44.
Resolved, That there be paid, out of the treasury of this
Commonwealth, to each member of the Senate and House Allowance of
of Representatives, two dollars, for each and every day's Si iseUo'r!' sen-
attendance during the present political year, and the sum ^lo^ and r'epre-
of two dollars for every ten miles travel from their respec- each'day's'^^ser-
tive places of abode, once in each session, to the place of vice in i847,
the sitting of the General Court. And also to each member every fen°miies
of the council two dollars per day for each day's attend- travel,
ance 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, President and
and the speaker of the House of Representatives, each, the speaker to re-
sum of two dollars for each and every day's attendance, in tionaiSeach
addition to their pay as members, and that warrants be ^^y.
drawn accordingly. [Approved by the Governor, April 15,
1847.]
Resolve to pay the Assistant Messenger to the Governor and Council. ChttO. 45
Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to the assistant messenger Allowance of
to the governor and council, the sum of two dollars for i^^aday, dur-
each and every day he has been or may be employed in thf coundK **
that capacity, during the sessions of the council the present
political year, and that warrants be drawn accordingly.
[Approved by the Governor, April 16, 1847.]
Resolve to pay for Fuel and for other purposCTT (^hop, 46.
Resolved, That there be paid, out of the treasury of this
Commonwealth, to the sergeant-at-arms to the General S2500 appro-
Court, the sum of twenty-five hundred dollars, to enable expended°by
him to purchase fuel and other necessary articles, for the 'he sergeant-at-
use of the General Court and the several offices in the ^^^^'
State-house ; and that a warrant be drawn accordingly.
[Approved by the Governor, April 16, 1847.]
520
1847. Chap. 47, 48, 49.
convey real es
tate.
ChciV. 47. Resolve on the Petition of Eleazer Kellogg.
Resolved, for reasons set forth in said petition, that Elea-
Administrator zer Kellogg, of Amherst, in the county of Hampshire, ad-
of the estate of ministrator on the estate of William Field, late of Leverett,
auihoHzed'to ' i^ the county of Franklin, deceased, be, and he hereby is,
authorized to convey in fee simple, by good and sufficient
deed, to Elijah P. Ward, of said Leverett, in consideration
of the sum of fifty dollars, paid to the said William Field
in his life-time, a certain tract of land, bounded and de-
scribed as follows, to wif : beginning at a large maple tree,
at the northeast corner, on land belonging to Erastus Field,
thence westerly on land of Erastus and Frederick W.
Field, to a stake and stones; thence southerly on land of
Richard Hobart, to a stake and stones ; thence easterly on
land of Richard Hobart and the heirs of said William
Field, to a stake and stones; thence northerly on land of
said William Field's heirs, to the above-named tree, the
first-mentioned corner — containing two acres, more or less.
[Ajjproved by the Governor, April 16, 1847.]
Chap. 48.
Resolve on the Petition of the Assessors of
Resolved, for reasons set forth in
Taxes assessed taxcs assessed by the assessors of the
^^o^c'^^% '" A the year one thousand eight hundred
1846, confirmed J^ O
and made valid, hereby are connrmed and made valid
standing any irregularity or neglect
town in voting to raise the money so
by the Governor, April 16, 1847.]
the Town of Berkley,
said petition, that all
town of Berkley, in
and forty-six, be and
and legal ; notwith-
on the part of said
assessed. \^A2)proved
Chap. 49.
Appropriation
of ^9000 an-
nually.
Provided, &c.
Repeal of pre-
vious resolves.
Resolve concerning the Perkins Institution and Massachusetts Asylum for
the Blind.
Resolved, That there be allowed and paid annually, in
quarterly payments, out of the treasury of the Common-
wealth, the sum of nine thousand dollars to the treasurer of
the Perkins Institution and Massachusetts Asylum for the
Blind, for the use of said institution, said payments to con-
tinue during the pleasure of the Legislature, and no longer:
provided, that the said institution shall receive, board, lodge,
and educate forty indigent blind persons belonging to the
Common w* 1th, if so many shall be recommended, to be
placed there in conformity to the resolves passed by the
Legislature on the sixteenth and twenty-eighth of Febru-
ary, in the year eighteen hundred and thirty-three ; and the
governor is requested to draw his warrants accordingly.
All previous resolves, granting money to the said institution,
are hereby repealed. [Approved by the Governor, April 17,
1847.]
1847.— Chap. 50, 51. 521
Resolve on the Petition of Smith Dyar and Others. ChttT). 50.
Resolved^ for reasons set forth in said petition, that said
Smith Dyar be, and hereby is, authorized to sell, at public Trustee under
auction or at private sale, as may seem to him expedient, a the win ot An-
certain parcel of land in Charlestovvn, with the buildings auXorizedTo^'
thereon, bounded southeasterly on School street, so called, sell real estate
twenty-two feet, southwesterly on land of the heirs qf "" Chariesiown,
Thomas Barker, sixty-one feet, northwesterly on land now
or late of Nathaniel Ayer, twenty-three feet eight inches,
and northeasterly on land now or late of Nathaniel L. Cobb,
fifty-nine feet eight inches, more or less, with all the privi-
leges and appurtenances to the same belonging, being the
same estate conveyed to said Dyar, as trustee under the
will of Andrew P. Young, by deed of Phineas A. Stone,
dated the tenth day of November, in the year one thou-
sand eight hundred forty-three, recorded with Middlesex
deeds, book 433, page 415 ; and to execute and deliver, to
the purchaser or purchasers, a deed thereof in fee simple;
and to deduct from the proceeds of such sale, the sum of five
hundred dollars and the expenses of such sale, and the bal-
ance thereof to invest in other real estate, or in personal se-
curities, to be held by him upon the trusts set forth in the
will of said Andrew P. Young.
Also, to execute and deliver, to said Ebenezer Johnson »"^ *P ^'^^cute
and Phineas A, Stone, a deed confirming the conveyance of deed of con-
said Smith Dyar, John Neat, and Mary Ann Neat, and veyancertf es-
another, of the estate in Cross street, in Boston, to said
Stone and Johnson, dated the tenth day of November, in
the year one thousand eight hundred and forty-three, re-
recorded with Suffolk deeds, lib. 511, foho 219, which shall
vest in snid Johnson and Stone all the right, title and in-
terest, whether present or contingent, in remainder, rever-
sion, or otherwise, of said Dyar, said John and said Mary
Ann, in and to said estate, free and discharged from all
trusts.
Provided^ tha.t said Smith Dyar shall first file in the pro- Provided, &c.
bate office for the county of Suffolk a bond, to be approved
of by the judge of probate for said county of Suffolk, for
the faithful discharge of his duties as trustee, for the faith-
ful performance of the powers granted by this resolve, and
to account for the said five hundred dollars to the said John
Neat and Mary Ann Neat; their discharge for the same to
be sufficient evidence of accounting. [^Approved by the Gov-
ernor^ April 19, 1847.]
Resolve concerning the Boundary Line between Massachusetts and Rhode Chcip. 51.
Island.' ^
Resolved, That the line surveyed and marked by monu- Line surveyed
ments, (by the commissioners appointed, by the States of and marked,
Massachusetts and Rhode Island, to ascertain and establish f^issl'oVe'l-s es!""
522 1847.— Chap. 51, 52, 53.
tabiishedas the the line between said States,) from the monument in Burnt
Hne between"^ Swamp Comer, so called, in Wrentham, in JMassachusetts,
Massachusetts to the monumeut standing between the towns of Thompson,
land^^""^^ ^'" in the State of Connecticut, Burrilville, in the State of
Rhode Island, and Douglas, in the State of Massachusetts,
as ascertained and established by the commissioners of said
States of Massachusetts and Rhode Island, by their joint
return to said States, under date of December thirty-first,
in the year one thousand eight hundred and forty-six, be,
and the same is hereby, established as the true boundary
line between the States of Massachusetts and Rhode Island,
from Burnt Swamp Corner, aforesaid, to said monument at
the northwest corner of Rhode Island. [App?^oved by the
Governor, April 19, 1847.]
'L'lKtp. OZ, Resolve on the Petition of Eebecca Emmes.
Resolved, for reasons set forth in said petition, that there
an"ce"of «50^" ^^ paid, out of the treasury of this Commonwealth, to Re-
fer life, becca Emmes, of Boston, in the county of Suffolk, widow
of Nathaniel Emmes, deceased, the sum of fifty dollars a
year, for and during her natural life; the first payment to
be made in one year from the time when the last payment
was made to her late husband, Nathaniel Emmes, deceased ;
and that the Governor draw his warrant therefor accord-
ingly. [Approved by the Governor, April 19, 1847.]
GaCtp. bo. Resolve on the Petition of Joseph Buswell, ObedF. Hitch, and Mary G.
Hitch, his wife.
Trustees to be Resolved, for Teasous Set forth in said petition, that the
appointed by foUowinsf described parcel of land, called the Bod well Pas-
judge of pro- ••T»/I1 -1 /•T-1
bate, authorized ture, Situate HI Methucu, m the county of Essex, contain-
t^seiiiandin j^g about fifteen acres, more or less, bounded northerly by
land of Jeremiah Frye and Simeon L. Wilson, easterly by
a public road, southerly by land of John Graves, and west-
erly by land of the Essex Company and others, be, and the
same is hereby, authorized to be sold and conveyed in fee
simple, and good and sufficient deed or deeds to be given to
the purchaser or purchasers, by three disinterested persons,
to be appointed trustees, from time to time, by the judge of
probate for said county ; said sale and conveyance to be
made by said trustees, in such manner, on such terms, and
for such price, at public or private sale, as they shall deem
expedient, and the proceeds thereof to be loaned, by said
Investment and trustees, on good aiid sufficient real estate securities, and
appropriation the interest thereof to be appropriated by them for the ben-
procee s. ^g^ ^^ said Mary G. Hitch, during the natural lives of said
Mary G. Hitch and said Joseph Buswell ; and, at the de-
cease of either of them, the proceeds so invested to be con-
veyed, paid, delivered over, or disposed of, according to the
true intent and meaning of the last will and testament of
1847. Chap. 53, 54, 55. 523
their late father, Joshua Buswell, deceased : provided^ how- Provided, &.c.
ever, that such trustees shall first give bonds to said judge,
faithfully to execute the powers granted by this resolve.
[Appioved by Ike Governor, April 20, 1847.]
Resolve concerning State Pauper Charges. (^uCtp. 54.
Resolved, That the treasurer of the Commonwealth is
hereby authorized and directed to reserve, from any money Treasurer to
that may now or hereafter be due from the treasury to any overprid"io
city or town in the Commonwealth, all sums of money cities and
which have been overpaid to such city or town for Stete ing"o'theTe'^ *
pauper charges, according to the Report of the State Wpli- portoftheCom-
per Commissioners, appointed under the one hundred and ™'®*'°"^''*-
forty-seventh chapter of the resolves of the year one thou-
sand eight hundred and forty-six. [Approved by the Govern-
or, Ajjril 20, 1847.]
Resolves concerning the Standard Weights, Measures, and Balances. Qhop. 55,
Resolved, That the weights, measures, and balances re-
ceived from the government of the United States, and now Treasurer to
in the library of Harvard University, shall be removed and keep stan-
placed in the state-house; and that the treasurer be, and &c. irt^hf state-
hereby is, authorized and directed to prepare a place for house,
their reception in the library, or if, on further examination,
he should deem it advisable, in some other part of the state-
house.
Resolved, That the treasurer be, and he hereby is, au- Treasurer to
thorized to cause to be made two sets of dry measures, of ^ausetobe
, /'1/-11- T • /!• I- „ made two sets
brass, oi the loUowmg dnnensions, (bemg aliquot parts or of dry meas-
the half-bushel received from the government of the United uresj&c.
States,) to wit: two of eight quarts, two of four quarts, two
of two quarts, and two of one quart; one set to complete
the standard of the Commonwealth, the other set as a du-
plicate for the use of the deputy State sealer.
Resolved, That the treasurer be, and he hereby is, au- Treasurer to
thorized and directed to cause to be made, as models, a set procure county
of weights, measures, and balances, suitable for county d^rds"^"^ ^°
standards ; also, a set suitable for town standards ; and the
town and county standards shall be made to conform, as
near as practicable, to said models.
Resolved, That the unexpended balance of an appropria- Appropriation
tion made by the resolves of eighteen hundred and forty- p^ens^es^"^ ^'^'
six, chapter forty-nine, be applied to the defraying of all
expenses incurred by virtue of the above resolves ; and that
the governor be authorized to draw his warrants accordingly.
[Approved by the Governor, April 20, 1847.]
524
1847.— -Chap. 56,57.
Chap. bQ.
The govrrnor
to appoint a
suitable person
to adjudicate
and settle with
claimants, in
connection, &c.
Chap. 57.
Sales and con-
veyances of
real estate
made by execu-
trix of the will
of Benjamin
Joy,
partitions made
between heirs,
trustees, &c.
and sales and
conveyances
made by per-
sons claiming
to be devisees,
ratified and con-
firmed.
William Sohier
authorized to
make confirma-
tory deeds, &c.
Resolve relating to the " Disputed Territory Fund."
Resolved, That the governor be authorized and requested
to appoint some suitable person, who, in connection with a
person to be appointed for a like purpose on the part of the
State of Maine, shall have full power and authority to ad-
judicate and settle with all claimants against the "Disput-
ed Territory Fund." [^Approved by the Governor, April 21,
1847.]
Eesolve on the Petition of Daniel Austin and others.
« solved, for the reasons in said petition set forth, that all
and conveyances of the real estate, situate in this Com-
monwealth, of which the late Benjamin Joy, of Boston, in
the county of Suffolk, esquire, deceased, died legally seized,
which have been heretofore made by Hannah Joy, widow
of said Benjamin, as his executrix; and all sales and con-
veyances of land, situate in this Commonwealth, heretofore
made in pursuance of, and to fulfil, contracts entered into
by said Benjamin during his lifetime, and all partitions
hieretofore made between the said Hannah Joy, Elizabeth
Joy, John B. Joy, Daniel Austin, and Hannah Austin, his
wife, in her right, John F. Loring and Henry Andrews,
trustees under the marriage settlement of said Daniel and
. Hannah, and James W, Paige and Amos Cotting, trustees
under the marriage settlement of the said John B. Joy and
Ellen M., his wife, or either or any of them, claiming to be
devisees of said Benjamin, and the other owners of tracts of
land, situate in this Commonwealth, whereof said Benjamin
was legally seized of an undivided share as tenant in com-
mon ; and all sales and conveyances heretofore made by the
said Hannah Joy, Elizabeth Joy, John B. Joy, Daniel Aus-
tin, and* Hannah AustiUj his wife, in her right, John F. Lor-
ing and Henry Andrews, trustees under the marriage settle-
ment of said Daniel and Hannah, and James W. Paige and
Amos Cotting, trustees under the marriage settlement of the
said John B. Joy and Ellen M., his wife, or either or any of
them, claiming to be devisees under the will of said Benja-
min, to purchasers, for valuable considerations, be, and they
hereby are, ratified, confirmed, and established as fully as if
said Benjamin Joy, being then alive, had executed the
same; and all and singular the titles now held imder such
conveyances, partitions, and deeds, respectively, be, and
they hereby are. made and declared to be valid and effectual
to all intents and purposes, as fully as if said Benjamin Joy,
being then alive, had executed the same: and that William
Sohier, of said Boston, esquire, be, and he hereby is, author-
ized and empowered to make, execute, and deliver, to any
and all persons holding title under said deeds, partitions, and
conveyances, made as aforesaid, (and to such persons only,)
confirmatory deeds of the estates so held by them respect-
1847. Chap. 67. 525
ively ; and to convey, confirm, and assure, to them and their
respective heirs and assigns, the several estates intended to
have been granted or assigned, by said deeds, partitions,
and conveyances, respectively, as fully as if said Benjamin
Joy, being then alive, had executed the same; and that
said Sohier be, and he Iiereby is, authorized and empowered
to make partition of, and also to sell and convey, at his dis-
cretion, ft>r such considerations as he shall judge best, the
whole or any parts or parcels of the real estate, in this Com-
monvveallh, whereof said Benjamin died legally seized,
(and not included in the deeds, partitions, and conveyances
aforementioned,) and of any and all the lots of land left in.
severalty by any partitions heretofore made between the
said Hannah Joy, Elizabeth Joy, John B. Joy, Daniel Aus-
tin, and Hannah Austin, his wife, in her right, John F. Lor-
ing and Henry Andrews, trustees under the marriage settle-
ment of said Daniel and Hannah, and James W. Paige and
Amos Cotting, as trustees under the marriage settlement of
the said John B. Joy, and Ellen M., his wife, or either or any
of them, as devisees of said Benjamin, and the other owners
as aforesaid ; and to make, execute, and deliver, to the sev-
eral devisees of said Benjamin, any and all instruments
which may be necessary or proper for the purpose of making
partition, as aforesaid ; and to make, execute, and deliver,
to any and all persons so purchasing, as aforesaid, good and
sufficient conveyances of any and all parcels of land so sold,
to hold to them and their respective heirs and assigns in fee
simple, or for any less estate. And the purchasers under
such conveyances are to be in no event bound to see to the
application of the purchase money, and that said Sohier be,
and he hereby is, authorized and empowered to divide and
distribute the proceeds of such sales between and among the
petitioners above named, in the proportions in which, by his
said will, said Benjamin intended said real estate should be
divided among them. And that the shares of said real es-
tate, or the proceeds thereof, which shall be received from
the said Sohier, under this resolve, by the trustees under the
respective wills of the said Benjamin Joy and Hannah Joy,
and by the trustees under the respective marriage settlements
of said John B. and Ellen M. Joy, and of said Daniel and
Hannah Austin, shall be held by said trustees respectively,
upon the trusts, and to and for the uses, intents, and pur-
poses, in and by said wills and settlements respectively de-
clared, concerning the respective trust funds created, or
intended to have been created, by said wills and settlements
respectively.
Provided, however, that said Sohier shall first give such Provided, Slc
bond, with sureties to the judge of probate, for the time
being, of the county of Suffolk, as said judge shall approve,
.conditioned faithfully to exercise all and singular the pow-
67
626 . 1847. Chap. 57, 68, 69.
ers aforesaid, and to apply and dispose of the proceeds of
sale in the way and manner aforesaid. But said Sohier is
not to be bound to see to the proper application by said peti-
tioners, or either of them, of the shares which they may re-
spectively receive or lake from him under and by virtue
of this resolve. And provided, also, that the said Henry
Andrews and Amos Cottmg, as trustees, under the will of
said Benjamin, for and in behalf of said Elizabeth Joy, and
that said John F. Loring and the said Henry Andrews, as
trustees under said will for and in behalf of said Hannah
Austin, shall first give bonds, to the satisfaction of said
judge of probate, conditional that such portions of the real
estate of said Benjamin, or the proceeds thereof, as shall be
received by them respectively from the said Sohier, under
this resolve, shall be faithfully applied upon the trusts, and
to and for the uses, intents, and purposes, in and by said will
declared concerning the same. [Approved by the Governor,
April 21, 1S4j.]
ChaP' 68. Resolve on the Petitioa of Samuel W. Wyman and James Wyman.
Resolved, for reasons set forth in the said petition, that
Executors of the said Samuel W. Wyman and James Wyman, executors
thewiiiofvvii- Qf ^YiQ last will and testament of William Wyman, late of
authorized to Bostou, m the couuty of Suffolk, deceased, are hereby au-
seii real estate, thorizcd to sell and convey, in fee simple, either at public or
private sale, and in such manner as they shall deem most
for the interest of the parties concerned, all and singular the
real estate of which the said William Wyman died seized
and possessed, and to execute good and sufficient deeds
therefor to the purchaser or purchasers, they first giving
bonds, to the satisfaction of the judge of probate for the
county of Suffolk, to dispose of the same in good faith, and
to apply and account for the proceeds thereof agreeably to
law and the directions of said will. [Approved by the Gov-
ernor, April 21, 1847.]
Ch(tp, 69. Resolve on the Petition of the Trustees of the Elliot School.
Resolved, for reasons set forth in said petition, that the
Sale of salt- Sale and conveyance of a certain parcel of salt marsh, situ-
marsh in Rox- ^iq^ j^ Roxbury. and containing about four acres, made by
bury conormed. •''. r r> i it
said trustees to the city oi Boston, on the twenty-ninth day
of September, in the year one thousand eight hundred and
forty-six, and recorded in the Registry of Deeds for the
county of Norfolk, liber 168, folio 113, be, and the same is,
hereby confirmed, so that said city of Boston shall hold a
good and indefeasible estate in fee simple, by virtue of said
deed of said trustees. [Approved by the Governor, April
21,1847.] I i-f if
1847. Chap. 60, 61, 62, 63. 527
Resolve on the Petition of Isaac I. Norton. Chap. 60.
Resolved^ for reasons set forth in said petition, that Isaac
I. Norton, administrator with the will annexed, on the estate Administrator
of Jonathan Norton, late of Otis, in the connty of Berkshire, jonafhan No"-'^
deceased, is hereby empowered to make, execute, and tonauihonzed
deliver, to Jonathan Norton, of said Otis, a good and suffi- „*} reaSatlTif
cient deed, in fee simple, of certain real estate which former- Oiis.
ly belonged to said testator, situate in said Otis, and
bounded as follows, to wit : westerly on land belonging to
the heirs of Roderick Norton, northerly and easterly on land
of Loring Flint, and southerly on land of the State of Con-
necticut and the pond, containing about seventy-five acres,
which said real estate was heretofore bargained and sold, by
Roderick Norton, then living, but since deceased, the exec-
utor of the last will and testament of said testator, to the said
Jonathan Norton : provided, that the said Isaac I. Norton Provided, &c.
shall first give bond, with sureties, to the satisfaction of the
judge of probate for the county of Berkshire, to apply and
account for the consideration, to be received by him on the
delivery of said deed, according to law and the said will.
[Approved by the Governor, April 21, 1847.]
Resolve to pay the Doorkeepers, Messengers, and Pages of the Senate and Qfidn, Ql
House of Representatives. » '
Resolved, That there be allowed and paid, out of the treas- t^ i n
^ , . ' , , 111 1 Daily allow-
ury 01 this Uommon wealth, to the doorkeepers and messen- anceof^a
gers of the Senate and House of Representatives, the sum of ^^^ to door-
two dollars each per day; and to the pages of the Senate mTssengers;
and House of Representatives, each the sum of one dollar andoi|i50, to
and fifty cents per day, for each and every day's attendance sesf ton oUhf
during the present session of the Legislature, and that war- Legislature,
rants be drawn accordingly. [Appjoved by the Governor,
April 21, 1847.]
Resolve on the Petition of the Overseers of the Poor of the City of Cambridge. Chap. 62.
Resolved, for reasons set forth in the petition, that there be
paid, out of the treasury of the Commonwealth, to the city Allowance of
of Cambridge, the sum of forty-one dollars and thirty-seven pttt oHunailc''"
cents, in full for amount paid State Lunatic Hospital, for the state paupers,
support of Margaret James and Johnson HoUis, and that a
warrant be drawn accordingly. {Approved by the Governor,
April 22, 1847.]
Resolve on the Petition of the Overseers of the Poor of the Town of Shrews- Chap. QS.
bury. ^
Resolved, for reasons set forth in the petition, that there be
paid, out of the treasury of the Commonwealth, to the town Allowance of
of Shrewsbury, the sum of nineteen dollars and fifty cents, pj^ o? state*"'*"
in full for the support of state paupers, for the year one paupers,
thousand eight hundred and forty-six, and that the governor
draw his warrant therefor accordingly. [Approved by the
Governor, April 22, 1847.]
628
1847. Chap. 64, 65.
Chap. 64.
Trustee for
James W.
Slearns may
join in, and as-
sent to, parti-
tion, &c.
and laying out
roads, &.c.
Provided, &c.
Trustees for
Lucy T. G.
Stearns and
Sarah W. S.
Slearns may
join in, and as-
sent to, parti-
tion; &.C.
and laying out
roads, ifcc.
Chap. 65.
Appropri'Jtion
of ^13.30, from
School Fund, for
repairs of State
Normal School
House at West
Newton.
Resolves on the Petition of Caroline Stearns and Harriet Stearns.
/Resolved, for reasons set forth in said petition, that said
Caroline Stearns, as trustee for James W. Stearns, under
the will of Sarah W. Stearns, late of Salem, of the county
of Kssex, deceased, be, and she hereby is, antliorized and
empowered to join m, and assent to, a partition of the real
estate devised by and under said will, to her as trustee of
said James W. Stearns, and to other devisees under said
will; and to join said other devisees in making a deed or
deeds of partition of said real estate, on behalf of said James
W. Stearns, and said deed or deeds of partition shall be
effectual and binding as and for a division of said real es-
tate; and said Caroline Stearns is hereby further authorized,
on behalf of said James W. Stearns, to join with the other
said devisees in laying out a road or roads over said real
estate, for the benefit and accommodation of the respective
shares so divided, and to bind said James W. Stearns, and
his interest or share in said real estate, by any covenants or
agreements which she may deem just or expedient m refer-
ence to the making or maintaining said road or roads : pro-
vided, the assent of' said James W. Stearns shall be first
had to the performance of the above acts.
Resolved, That said Caroline and Harriet Stearns, as
trustees for Lucy T. G. Stearns, and Sarah W. S. Stearns,
daughters of Richard S. Stearns, deceased, under the said
will of Sarah W. Stearns, deceased, be, and they hereby are,
authorized and empowered to join in, and assent to, a par-
tition of the real estate devised by and under said Avill, to
them as trustees of said Lucy T. G. Stearns and Sarah W.
S. Stearns, and to the other devisees under said will, and to
join said other devisees in making a deed or deeds of parti-
tion of said real estate on behalf of said Lucy T. G. Stearns
and Sarah W. S. Stearns ; and said deed or deeds of parti-
tion shall be effectual and binding as and for a division of
said real estate; and said Caroline and Harriet Stearns are
hereby further authorized, on behalf of said Lucy T. G.
Stearns and Sarah W. S. Stearns, to join with the other said
devisees in laying out a road or roads over said real estate,
for the benefit and accommodation of the respective shares
so divided, and to bind the interest or shares of said Lucy
T. G. and Sarah W. S. Stearns, in said real estate by any
covenants or agreements which said trustees may deem just
or expedient in reference to the making or maintaining said
road or roads. [Approved by ike Governor, April 22, 1S47.J
Resolve in favor of Cyrus Peirce.
Resolved, That the sum of thirteen hundred fifty dollars,
to be taken from the School Fund, be and the same is hereby
appropriated to pay the demand of Cyrus Peirce against the
Board of Education, for repairs on the State Normal School
House, at West Newton ; and his excellency the governor
1847. Chap. 65, 66, 67. 529
is hereby authorized to draw his warrant on the treasury
for the same, on the application of said board. [Approved
by the Governor, AjjrU 22, 1847.]
Resolve on the Petition of Samuel M. Thomas, Guardian. CllCtJ). 66.
Resolred, for the reasons set forth in said petition, that
Samuel M. Thomas, guardian of Nathaniel M. Thomas, Guardian au-
Josiah A. Thomas, Jr., Collins D. Thomas, Deborah E. '^°,T„^„1" tf .
m 1 T-1 -r-\ mi • i i and Convey land
1 homas, and r ranees D. Ihomas, mmors, be and he here- and appune-
by is empowered to sell and convey to Nathan Hale, James J!a|^<=es m Na-
F. Baldwin, and Thomas B. Curtis, all of the city of Bos-
ton, by good and sufficient deed, a certain tract and parcel
of land, with the appurtenances, called the John Loker
Place, situated at the end of Long Pond, in the town of Na-
tick, containing thirteen acres, more or less. Also, one un-
divided half of the lot of land adjoining said pond, contain-
ing about fourteen acres, lately owned, m common, by Isaac
Damon and Collms Damon, deceased, being the same tract
of land devised by the said Collins Damon, in and by his
last will and testament, to his daughter, Caroline Thomas,
wife of Josiah A. 'J'homas, during her life, and, at her de-
cease, to all the children of the said Caroline and the repre-
sentatives of any deceased child: provided^ that the said Provided, Ss^:^.
Josiah A. Thomas and Caroline Thomas shall join in such
deed, or, by a separate deed, convey their interests tlierein
to said Nathan Hale, James F. Baldwin, and Thomas B.
Curtis, for such price or sum of money as shall be agreed
upon by the said Samuel M. Thomas, Josiah A. Thomas,
and Caroline Thomas ; (he same to be paid to the said
Samuel M. Thomas : provided further, that the said Samuel
M. Thomas shall first give bond to the judge of probate
for the county of Middlesex, to render a just account of the
net proceeds of said sale to the probate court of said county
of Middlesex, within one year from said sale, and to pay
the interest thereof to the said Caroline during her life, and,
at her decease, to pay the principal to her children and the
representatives of any deceased child. [Approved by the
Governor, April 23, 1847. J
Resolve on the Petition of Charles Upham. Ch(W 6)7
Resolved, for reasons set forth in said petition, that
Charles Upham, of Framingham, in the county of Middle- Administrator
sex, administrator of the estate of Joseph Curtis, late of j|,^'|^*;i|'^y'^*^j°^
Boston, in the county of Suffolk, deceased, be hereby an- audiorized to
thorized to make, and file in the probate office for the county "!^H^ '""'^ ^!®
c c~> jy' ^t ■ 1 ■ I r i /• . • ■^ allidiivit and
ot feiirioik, withm six months alter the passage of this re- copy of noUce.
solve, an affidavit, such as is prescribed in the case of •
executors and administrators, by the sixteenth section of
the seventy-first chapter of the Revised Statutes, together
with a copy of the notice of the time and place of sale of
630 1847. Chap. 67, 68, 69.
certain real estate, situate in the town of Charlestown, be-
longing to the estate of said deceased ; said sale having been
made by said administrator, under a license granted by the
court of probate, holden at Boston on the twentieth day of
February, in the year one thousand eight hundred and
Provided, &.C. forty-three: provided, that the said Charles Upham shall
first give such notice as the judge of probate for said county
shall order, of his intention to file such affidavit and copy
of notice : atid provided that, in the judgment of said judge
of probate, no sufficient cause be shown why the same may
not be, filed ; and such affidavit and copy of notice, thus
filed, shall be as effectual, for all purposes, as if the same
had been filed within the time required by law. [Approved
by the Governor, April 23, 1847.]
L'flO'P' t>0. Resolve to pay for Repairs in the Senate Chamber.
Warrants to be Resolved, That the governor be requested to draw war-
fo?^parrs'in"'ihe rauts on the treasury, in favor of the sergeant-at-arms, for
senate Cham, such sums as may be necessary to pay the expenses which
***''■ may be incurred under an order of the senate of the four-
teenth day of April, instant, for sundry repairs in the senate
chamber. [Approved by the Governor, April 23, 1847.]
ChctV> 69. Resolve on the Petition of Charles Leighton, Guardian.
Resolved^ for reasons set forth in said petition, that Charles
Guardian of an Lclghton, of Bostou, in the couuty of Suflblk, guardian of
insane person Johu Russell, of Said Bostou, an iusauc person, or his suc-
procure a rl- ccssor iu Said officc, be, and he is, hereby authorized and
conveyance empowered to procure, from Charles Haynes, of said Bos-
h["-l!&c^frlm ton, or from any person or persons claiming under him, a
Charles Haynes re-conveyance to said Russell, his heirs and assigns, of the
or others, land, buildiugs, rights, privileges, and appurtenances, de-
scribed in the deed from said John Russell to said Haynes
and Joseph A. Whitney, dated the first day of June, eight-
een hundred and forty-six, and recorded with Suffolk
and to redeem Records of Deeds, book 562, fol. 301, and also to redeem
said real estate ^^:^^ ^^^^ estate, situatc in Said Boston, from any incum-
from incum- . . ' , • i i /• i
brancesand brance existuig thcrcou, and particularly from an outstand-
morigage, jj;,g mortgage to one James Holton ; and, for such purpose
or purposes, and also for the purpose of paying off any
debts that may be due from said Russell, the said guardian,
or his successor in said office, is hereby further authorized
and to borrow a,nd empowered to borrow, in the name and stead of said
moneys, Russell, any sum or sums of money that he may think
necessary therefor, not exceeding in all, the sum of fifteen
hundred dollars ; and to make, execute, and deliver, in the
and mortgage name of Said Russell, any deed or deeds of mortgage of
real estate. such real estate, or of any part thereof, as the said guardian
may deem proper to secure the payment of such loan or
loans and interest, to such person or persons as the said
1847. Chap. 69, 70, 71. 531
guardian may see fit ; and such mortgage or mortgages,
and the evidence of the debt thereby secured, shall be as .
good and etiectnal, both in law and in equity, for all pur-
poses, as if made or executed by said Russell, if per-
sonally able so to do : 'provided^ said Leighton shall, before Provided, See.
exercising any of the powers herein conferred upon him,
give bonds, to the judge of piobate for the said county of
Suffolk, for the faithful execution of the said powers, in
such sum, and with such sureties, as shall be deemed satis-
factory by said judge of probate. [Approved by the Gov-
ernor, April 23, 1847.]
Resolve on the Fetitioa of the First Trinitarian Congregational Society in (^hftr) 70
Waltham. ^'
Resolved, for reasons set forth in said petition, that the ^ .
First Trinitarian Congregational Society in Waltham, are ized^io^scH aud
hereby authorized and empowered to sell and convey all fon^^y ""eai
that real estate, situate in Waltham, described and con- thannd"s-
veyed in the deed of Joel Fuller and others to Eliphalet charged from all
Pearson, Abel B. Richardson, Nathaniel Bailey, Forrist '^ustiJlT"'^
Foster, and Arthur Hunting, committee of the Trinitarian
Society in Waltham, dated the fourteenth day of April, in
the year one thousand eight hundred and twenty-six, in
such parcels as they may think proper, in fee simple, dis-
charged from all conditions and trusts declared in the deed
afterwards made by said committee to John Tappan and
others : and the deed of said Tappan and other surviving
trustees, dated the first day of March now last past, releas-
ing said estate to said society, is hereby confirmed. [Ap-
provedby the Governor, April 23, 1847.]
Resolves concerning the Annual Reports of the Board of Education and the f^hnr) 71
Abstracts of School Returns. i ' '
Resolved, That the clerk of the Senate, for the time be- , ^^
ing, be authorized and directed to cause to be printed, an- senate to print
nually, before the meeting of the Legislature, or as soon eooo copies of
thereafter as maybe, six thousand copies of the Annual po^n oTthe
Report of the Board of Education, instead of the number Board oiEdu-
authorized by the resolves of the year one thousand eight ^^^'°°"
hundred and forty-four, chapter fifty-seven.
Resolved, That there be annually allowed, to the Secre- Annual aiiow-
tary of the Board of Education, a sum not exceeding one ser^e^Ly'of"**
hundred and fifty dollars, for the purpose of defraying any the Board of
expenses which he may incur in making up the Abstracts *^''kr^'°b-^""^
of Annual School Returns, as provided by an act passed siracts of
during the present session of the Legislature, entitled " An School Returns.
Act relative to the Abstract of School Returns and the
Duties of School Committees;" and that the governor be
authorized to draw his warrants accordingly. [Approved
by the Governor, April 23, 1847.]
632 1847. Chap. 72, 73, 74, 75.
QJlQ/n. T2. Resolve on the Petition of John Sargent.
Resolved, for the reasons set forth in said petition, that said
Allowance of John Sargent be paid, out of the treasury of the Common-
g9+7 17 (or weahh, the sum of nine hundred forty-seven dollars and
services 3.I1Q • (^ * 1 1 J
expenses as Seventeen cents, as compensation lor services rendered, and
cominissioner, expcuscs incurred, as commissioner under the resolve of the
paupefac-^^^^^ sixteenth of April, in the year one thousand eight hundred
counts. and forty-six, relating to State pauper accounts ; and tiiat
the governor draw his warrant therefor accordingly. [Ap-
proved by the Governor, April 23, 1847.]
ChWD 73 Resolve for the Pay of the Clerks of the Legislature.
Resolved, That there be allowed and paid, out of the
Aiiowanreto treasury of this Commonwealth, to the clerk of the Senate
the clerk of the and the clcrk of the House of Representatives, each, the
Uie'tiou^se ' of sum of ten dollars per day; and to the assistant clerk of
jgioeach/to the Senate and the assistant clerk of the House of Repre-
crrkTf the' scutatives, each, the sum of six dollars per day, for each
Senate and of and every day's attendance they have been, or may be,
*'r)«6°"*ch°for employed in that capacity, during the present session of the
each day of the Legislature; and that there be further paid, to the clerk of
«7oo each\o "'^ ^^^ Senate and to the clerk of the House of Representa-
cierks^of'^Seiiate tivcs, the sum of onc hundred dollars, each, for copying the
andHouse.for journals foT the library, as required by the orders of the
journals. two houses ; and that, warrants be drawn accordingly.
[Approved bij the Governor, April22, 1847.J
Chat) 74 Kesolve relating to the Publication and Sale of the Map of the Common-
t * * wealth.
Resolved, That so much of the resolves of the year one
ior'tiie thousand eight hundred and forty-four, chapter sixty-nine,
pKoiicaiion and ^s cmpowers the Secretary to contract for the publication of
t|ii\pri'i 23^^'' the State map, and for the keeping of copies of the same
1850. constantly for sale, on the terms prescribed in the said re-
solves, be, and the same is, hereby revived, and shall con-
tinue in force, for the term of three years from the passage
of this resolve. [Apj)roved by the Governor, April 23, 1847.]
Secretary may
Chap. 75.
Resolve in relation to the Commissioners on Idiocy.
Resolved, That all the powers vested in the commission-
Commission ers on idiocy, appointed by the governor, by and with the
continued for advice and consent of the council, under the resolve ap-
oneyear. piovcd the eleventh day of April, in the year one thousand
eight hundred and forty-six, be continued on the tdrms pro-
Report to be vided in said resolve for one year, and that said commission-
Genera" Court. <^i"s make report of their doings to the next General Court.
[Approved by the Governor, Apj'U 24, 1847.]
1847. Chap. 76, 77, 78. 533
Resolves providing for Repairs in the State House. ChctV. 76.
Resolved, That the sergeant-at-arms cause two committee
rooms, and a room for the storage of books and documents Sergeam-at-
for the use of the Secretary's office, to be finished in the amis lo prepare
- / ; , , , two coinmiuee
attic, at the west end of the state-house, and also make rooms, and a
such necessary repairs as may be deemed expedient. room ick the use
Resolved, That the sum of one thousand dollars be, and tary's oiiice,'
the same is, hereby appropriated, for the purpose of carry- '^'^^
ms into effect the foreooing resolve, which sum, or so much Appropriation
thereof as may be necessary, shall be expended in accord- ^
ance with the provisions of an act, entitled " An Act relat-
ing to the State-house," passed the eighteenth day of March,
in the year one thousand eight hundred and forty-one. [Ap-
proved by the Governor, April 24, 1847.]
Resolve relating to the Furnishing of Camp Equipage to the Field Officers QJinj), 77.
of the Militia. ^*
Resolved, That the adjutant and acting quarter-master j^jj-mani and
general be, and he is, hereby authorized and required to actmg quarter-
prepare, out of the camp equipage now in the arsenals in !^^*^®^f^nf/^''
Boston and Cambridge, suitable tents, with fixtures, to be and fixiures to
delivered as a loan from the Commonwealth to the com- commandiDg
manding officer of each brigade, regiment, and battalion of brigades, &c.
the volunteer militia of the Commonwealth ; and each and
every officer to whom such camp equipage shall be deliv-
ered shall be held responsible for the safe-keeping of the
same ; and, in case of the discharge or death of any such
officer, he or his legal representative shall be released from
such responsibility, upon filing, in the office of the adjutant
general, a certificate of the officer upon whom the command
of the brigade, regiment, or battalion, as the case may be,
would legally devolve, that the articles so furnished are, at
date of said certificate, in good order and condition ; rea-
sonable use and wear thereof excepted ; and that the ex-
pense thereof be paid out of any unappropriated funds in
possession of the adjutant general. [Approved by the Gov-
ernor, April 24:, 1847. J
Resolve on the Petition of Thomas Kempton. ChdJ), 78
Resolved, for the reasons set forth in said petition, that
said Thomas Kempton be paid, out of the treasury of the Allowance of
Commonwealth, the sum of one thousand eighty-eight dol- ^1088 36, for
lars and thirty-six cents, as compensation for services ren- expenses^as
dered, and for the use of a horse and carriage for himself commissioner of
and the other commissioner, and expenses incurred as one acccTum""''^'
of the commissioners under the resolve passed the six-
teenth of April, in the year one thousand eight hundred
and forty-six, relating to State pauper accounts ; and that
the governor draw his warrant therefor accordingly. [Ap-
proved by the Governor, April 24, 1847.1
68
534 1847. Chap. 79, 80, 81.
Ch(tV» 79. Resolve on Petition of Jacob Cummings and Wife.
Resolved, for reasons set forth in said petition, t?iat said
Administrators Jacob Cummings and wife, administrators of John Sargent
of John Sargent Tewksbury be, and hereby are authorized to release and
UioHzed"ufre- discharge the mortgage in said petition specified, as given
lease and dis- to Said John Sargent Tewksbiiry, by Samuel Tewksbury,
cage^^ '"°'^'' ^f^^ ^o dehver up the note with said mortgage given, to said
Samuel Tewksbury, his representatives or assigns, upon
Provided, &.C. payment by him or them of the sum due on said mortgage,
on the day of such payment into the Massachusetts Hospi-
tal Life Insurance Company, there to remain for the time
yet unexpired of said mortgage for the uses, upon the trusts,
and subject to the charges for, upon, and under which the
said mortgage and note were held. [Approved by the Gov-
ernor, April 24, 1847.]
i^hnn RO Resolve on the Petition of Samuel M. Noyes.
' Resolved, for reasons set forth in the said petition, that
Allowance of there be paid, out of the treasury of the Commonwealth,
$155 b8 for ex- to Samuel M. Noyes, the sum of one hundred fifty-five
pensesof a suit doHars and sixty-eight cents, as an indemnity for money by
him paid in a suit commenced in obedience to orders, and
in compliance with his duty as lieutenant-colonel command-
ant of the 1st regiment 2d brigade 2d division of Massa-
chusetts militia, against the selectmen of Newburyport, in
which he failed by reason of the repeal of the law on which
said suit was founded; and that the governor draw his war-
rant therefor accordingly. [Approved by the Governor,
April 2^, 1847.]
Chnn Rl Resolves concerning Military Documents of the Revolution.
Resolved, That the Secretary of State be requested to in-
Secretaryto quirc and report to the governor, for the information of the
ascertain and Legislature, at the next session, what documents are to be
wi^aue^^u- found at Washington, or elsewhere, which are necessary to
tionary docu- Complete the records in the archives of this Commonwealth,
ments are to be jj^ relation to the scrvicc of the Massachusetts forces of the
found at Wash- . i i • /• i c ^ i • f
ingion necessa- Continental luic 01 the army ot the revolutionary war, or oi
'■y'*^^-'»"*^^he citizens of Massachusetts, in the navy and militia of said
penseofpro- , War, and what will be the probable expense of obtaining
curing copies. copicS of SUCh doCUmCUtS.
Secretary to Resolved, That the Secretary, with the sanction of his
purchase rev- exccUencv, the sovemor, be directed to purchase any such
olutioiiary doc- ,.•'' -.^ ' / ^ r i-ir-.
umentsatan revolutionary documents, (not now to be lound in the State
expense not ex- archives.) as may be offered to him for sale, and a sum, not
'"& • exceeding three hundred dollars, is hereby appropriated for
that purpose : and his excellency is authorized to draw his
warrant on the treasury for the liquidation of all expendi-
tures incurred under this resolve. [Approved by the Govern-
or, April 2^, 1847.]
1847. Chap. 82, 83, 84, 85, 86. 635
Resolve concerning State Normal Schools. Chat) 82
Resolved^ That the sum of six thousand dollars annually, ^'
for three years, be, and the same hereby is, appropriated to ^^^^^, ^pp^^,
the support of State Normal Schools, under the direction of priaiion of
the Board of Education ; and his excellency the governor ^SolTupport
is hereby authorized, from time to time, to draw his war- of state Normal
rant on the treasury for the same, on the application of said Schools.
board. [Approved by the Governor, Ajjril 24, 1847.]
Resolve on the Petition of Joseph Lee. OhcLT) 83
Resolved, for reasons set forth in said petition, that there
be allowed and paid, out of the treasury of the Common- Allowance of
wealth, to Joseph Lee, the sum of twenty-five dollars for S25, for services
services rendered the Commonwealth, in assisting in quell- mJb!*^"'"^*
ing a mob in the city of Salem; and that the governor be
requested to draw his warrant accordingly. [Approved by
the Governor, April 24, 1847.]
REsoLve in addition to a Resolve, entitled, "Resolve on the Petition of Chttp. 84.
George Caswell."
Resolved, That the commissioner, appointed under the commissioner
resolve of the twenty-eighth of February, in the year one authorized to
thousand eight hundred and forty-six, be authorized to sell wa!h"ngton
the land therein mentioned, on the terms therein named, to and Lenox,
any person he may deem proper : said land being bounded
on the south by land of Billings Johnson, and the land of
the Shakers. [Approved by the Governor, April 2 A, 1847.]
Resolve on the Accounts of the Land Agent.
Resolved, That Geo. W. Coffin, land agent of the Com-
monwealth, be, and he hereby is, discharged from the pay- Land agent dis-
ment of the sum of seventy-one thousand five hundred and charged from
twelve dollars and four cents, the receipt of which sum is cvl^ia'cMfr
acknowledged in his account with the Commonwealth for proceeds of
sales of land and timber, during the year one thousand is^*^'^*'"
eight hundred and forty-six. [Approved by the Governor,
April 24, 1847.]
Resolve on the Petition of George W. Loihrop, Guardian of Hannah Reed Chap. 86.
Lolhrop.
Resolved, That George W. Lothrop be, and he is, hereby Guardian au-
authorized and empowered, in his said capacity of guardian, 'horized to
to borrow money sufficient to pay the incumbrance existing and°e'^eTute^^
on the real estate, described in the bond of Caleb Howard note and mort-
to Hannah Reed Lothrop, bearing date the tenth day of fstl^e^b^^'
May, in the year one thousand eight hundred and forty- West Brid^-
one, viz : fortj-'-one acres in West Bridgewater, on the south ^^^^^^ and Tias-
side of the old road, and twelve acres of swamp, about one
third of a mile south of said old road. Also, three pieces
of land in Easton ; one piece containing thirty-two acres,
one containing ten acres, bounded by the Boston and Taun-
Chap, 85.
536
1847. Chap. 86, 87.
ton turnpike, the other, containing four acres ; or however
otherwise said land may be situated or described; and
being all the land described in said bond ; and said guar-
dian is authorized and empowered to execute a note and
mortgage of said real estate, to secure the repayment of
the money so borrowed to the person who may loan the
same; and said mortgage deed, when executed, shall bind
said real estate to the payment of said note and interest :
Provided, &c. provided, said George W. Lothrop, as such guardian, before
executing said note and mortgage, shall give bond to the
judge of probate of the county of Plymouth, with sufficient
sureties in such sum as may be required by said judge,
that he will not mortgage said real estate for any further
or greater sum than the principal and interest of the money
to be paid to said Caleb Howard, in order to procure from
him a release of said land to said Hannah Reed Lothrop,
together with the costs and expenses attendant upon the
case now pending between said Hannah Reed Lothrop and
Caleb Howard, in the supreme court for said county of
Plymouth ; and that he will faithfully appropriate said mon-
ey, when obtained, to paying for the release of said estate
and the expenses attendant on procuring the same, agreea-
bly to the true intent of this resolve. [A2)proved by the Gov-
ernor^ April 26, 1847. J
Chap. 87.
Sale of real es-
tate in Brook-
line made by
represeiiialives
of Elisha Pen-
niman, deceas-
ed, confirmed,
except as to
certain inter-
ests.
Trustees au-
thorized to exe-
cute and deliver
deeds of real
estate.
Resolve on the Petition of Daniel Sanderson.
Resolved, for the reasons set forth in said petition, that
the sale made to Daniel Sanderson, in the year one thou-
sand eight hundred and thirty-two, by the representatives
of Elisha Penniman, deceased, and the trustees named in
his will, of the real estate in Brookline, formerly owned by
Isaac S. Gardner, lying on both sides of Brighton street,
and containing about seventy-one acres, more or less, and
each one of the deeds referred to in said petition be, and
the same is, hereby fully confirmed, excepting as to the in-
terest of Charles Penniman and George Penniman, therein ;
and furthermore, Charles Heath and Silas P. Tarbell, the
trustees named in said Penniman's will, or any successor or
successors, in said trust, for the time being, are hereby fully
authorized and empowered, in their capacity as trustees, in
consideration of the sum of money already received by
them from said Sanderson, (in the manner stated in said
petition), to execute, acknowledge, and deliver a deed or
deeds, conveying to said Sanderson, in fee simple, the real
estate so sold to him, in the year one thousand eight hundred
and thirty-two, and such deed or deeds, so executed, shall
pass to said Sanderson, in fee simple, all the right, title, and
interest in said estate, of which said Penniman died seized
or entitled to, by a title which shall be deemed, and be good
and valid in law and in equity, to all intents and purposes
whatsoever, excepting as to the interest of said Charles
1847. Chap. 87, 88, 89. 637
Pennimati and George Penniman therein : provided how- except as to
ever, that said trustees give bond, with sufficient security or p^^^j'^'^^^&c'*"
securities, to the judge of probate for the county of Norfolk, '
conditioned to apply the net proceeds of said sale to the
same persons for whose benefit the said real estate would
have been held, if no sale thereof had been made, so far as
said proceeds have not already been so applied; and neither
said tsanderson, nor any purchaser from him, shall be bound
to see to the application of the purchase money. \^Approved
by the Governor^ April 2G, 1847.]
Resolves for the Promulgation of the General Laws and Resolves. ChflT) 88
Resolved, That the Secretary of the Commonwealth be
authorized and directed, as soon as practicable after the Secretary to
close of each session of the Legislature, to cause the gen- j^ubiish, appor-
eral laws and resolves, of a public nature, to be published u,°e"'c^Jp1etof''''
in a pamphlet form ; said laws and resolves to be printed on the general
one sheet of paper, of a size not less than twenty-three and 'T'* '""^'■^*
11^1 ^^-1. 1 11^-1 • ^ r solves in a
a halt by twenty-eight and a halt inches, in twenty-lour pamphlet form.
pages, in type not smaller than nonpareil ; the size of the
page, and the size of the type, to be in conformity to the
quantity of matter, as near as may be; and to cause such
number of copies to be printed as will supply each family
in the Commonwealth with a copy; or one copy to each
eight inhabitants, according to the last census ; and that the
Secretary be further authorized and directed to cause the
same to be apportioned as above, and sent to the sheriff' of
each county, to be distributed by them to the several cities
and towns in their respective counties, and placed in the
hands of the city and town clerks for distribution among
the inhabitants.
Resolved, That there be allowed and paid, out of the Allowance to
treasury of the Commonwealth, annually, three mills per mHu'l^ercopT^
copy, to the sheriff of each county, for the distribution, to for distribution.
the cities and towns, of said laws and resolves.
Resolved, That the resolves passed on the twenty-fifth day Repfai of in-
of June, in the year one thousand seven hundred and nine- visions?" ^'°'
ty-four, and all other laws and resolves inconsistent with
the foregoing, be, and are hereby, repealed. [Approved by
the Governor, April 26, 1847.]
REsoLve concerning Trespasses in Boston Harbor. CkoV, 89.
Resolved, That the district attorney for the county of
Suffolk, be, and is hereby directed, by filing information, by Attorney for
indictment or other process, to abate nuisances, and to en- abale'nuisances
force the penalties that have been, or shall be, incurred, by and enforce
any violation of the law passed on the nineteenth day ©f Cfd'c['men^f
April in the year one thousand eight hundred and thirty- &c.
seven, entitled " an act to preserve the harbor of Boston,
and to prevent encroachments therein," or of any subse-
quent law made for the same purpose. [Approved by the
Governor, April 26, 1847.]
638 1847. Chap. 90, 91, 92, 93.
QQ Resolvc for the Payment of Expenses attending the Sickness ERid Funeral
of Benjamin M. BuiRngton, late Member from Dartmouth.
Chap.
Resolved, That there be allowed and paid out of the pub-
Allowaace of ,. ^ ,. ^i i ^- j ■ ^i
;g92 50. he treasury, to the several persons mentioned in the accom-
panying roll, the sums set against their names respectively,
amounting in the whole to ninety-two dollars and fifty 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^ April 26, 1847.J
ChcLTp, 91. Resolve in favor of Jacob L. Porter.
Resolved^ for reasons set forth in the petition, that there
Allowance of be paid, out of the treasury of the Commonwealth, to Jacob
ps 70 for ex- L Porter, sheriff of Bristol county, eighty-eight dollars and
searching for a scveuty ccuts, lor expeuscs mcurred under the du'ection oi
fugitive. the district attorney for the southern district, in searching
for Warren Billings, a fugitive from justice ; and that the
governor draw his warrant therefor accordingly. [Ap-
proved by the Governor, April 26, 1847.]
ChcLX) 92 I^^so^^VE on the Petition of Amos Shumway, Guardian of the Dudley Indians.
Resolved, for reasons set forth in said petition, that the
Guardian, un- sum of five hundred dollars be hereby appropriated to defray
der direction, the cxpcuses of repairs upon the houses inhabited by the
houses in^^eb- D^idley Indians residing within the town of Webster, and
ster, aianex- that Warrants be drawn therefor. And the said Amos
ceed^uTsloo. Shumway is hereby authorized, under the direction of the
selectmen of said town, to expend said sum, or so much
thereof as said selectmen may deem necessary, in the re-
pairs of said houses. [Approved by the Governor, April
26, 1847.]
Ohfin 93 Resolve granting Aid for the Suppression of counterfeiting Bank Bills and
Resolved, That a sum, not exceeding two thousand five
Appropriation hundred dollars, be granted and paid annually, for the period
of ^2500 annu- of fivc years after the passage of this resolve, out of the
years.***^ ^^ treasury of the Commonwealth, to any association of officers
of the banks of this Commonwealth, for the purpose of the
prevention and detection of the crimes of making, or tender-
ing in payment, as true, counterfeit bank bills, or counterfeit
gold and silver coins; and that the governor be authorized
to draw his warrant accordingly, from time to time, for such
sums, not exceeding two thousand five hundred dollars in
Pr 'd d ik. ®^^'^ ysar, as shall be equal to half of the sum which such
' ' association shall certify and prove to the governor to have
been raised and judiciously expended by such association for
the purposes above specified. [Approved by the Governor^
April 26, 1847.]
1847. Chap. 94, 95, 96, 97. 639
Resolve relating to the Support of Deaf Mutes in the Asylum at Hartford. Cfian, 94.
Resolved, That, in addition to the annual sum already ap-
propriated by law to the support and instruction of benefici- Additional ap-
aries of Massachusetts, at the American Asylum for the deaf propriation of
and dumb at Hartford, there be allow:.' sd paid, from the «2000 annually,
treasury of the Commonwealth, a sum not exceeding two
thousaiid dollars annually; and his excellency the governor
is hereby authorized to draw his warrant lor the same. [Ap-
proved by the Governor^ April 2(3, 1847.]
Resolve on the Petition of Charles L. Wilder and Harriet E. Wilder. (^nCip, vO*
Resolved, for reasons set forth in said petition, that the
title of Charles L. Wilder and Harriet E. Wilder, of Lancas- Title to real es-
ter, in the county of Worcester, in and to certain real estate terVo"nfirmed^"
in said Lancaster, which was conveyed to them by Freder- ^"^ esiabhshed.
ick W. Harris and James G. Carter, guardian of Emory
Harris, by their certain deed, dated August twenty-eighth,
one thousand eight hundred and forty-four, and recorded in
the Registry of Deeds for said county of Worcester, book 391,
page 436, be, and is hereby, fully confirmed andestabhshed
to the said grantees, notwithstanding any informality in said
deed, or any want of authority in said James G. Carter, as
such guardian, to make such conveyance. [Approved by
the Governor, April 2i5, 1847.]
Resolve directing District Attorneys to audit Accounts of Fees in certain ChdV, 96.
cases, and cause the same to be paid to the Commonwealth.
Resolved, That the district attorneys of this Common-
wealth be, and they hereby are, directed to examine and District attor-
audit the accounts of such fees of sheriffs, deputy sheriffs, hiYceria^nTc".
constables, and witnesses, as have been received from any counts oi fees,
county treasurer, by any present or past justice of any police gafproc'esrfo'r"
court in their respective districts, and which have not yet payment there-
been paid out to the persons to whom they belong, and to °^'
mstitute such legal process as may be necessary to secure
the payment of such fees into the treasury of the Common-
wealth. [Approved by the Governor, April 26, 1847.]
Resolves providing for the Publication of certain Special Laws. Chcip. 97.
Resolved, That the special acts of this Commonwealth,
passed subsequently to the year one thousand eight hundred Special acts,
and thirty-seven, be collated and published in volumes, as ^oo^^*?"!"' '",
1 I- r • -11 1 /•• lao7, to dp col-
nearly as may be, m conformity wUh the A^olumes of the la ed and pub-
special laws heretofore published; and that a full and com- jis'ied, with an
plete index of the matter contained therein be appended to '*
each volume.
Resolved, That his excellency the governor be authorized Governor to
to appoint a commissioner to carry the foregoing resolve into appoint a com-
effect. [Approved by the Governor, April 2^, 1847.]
540
1847. Chap. 98, 99, 100, 101.
Chap. 98.
Annual allow-
ance of ^666 &6.
Allowance of
g3333 30.
Chap, 99.
Allowance of
;g 10,143 92.
ChaplOO.
Allowance of
^36,632 51.
Provided, &c.
ChaplOl,
Allowance of
^29,237 63.
Resolve for the Payment of the Annuity heretofore payable to Harvard Col-
lege by the Proprietors of Charles River Bridge.
Resolved, That there be allowed and paid, out of the
treasury of the CommonweaUh, to the president and fellows
of Harvard College, the sum of six hundred and sixty-six
dollars and sixty-six cents per annum, as and for the annu-
ity secured to the said college in the charter of the proprie-
tors of Charles River Bridge, and the several acts in addition
thereto, the said annual payments to be made on the first
day of January, in each year, and to continue so long as the
said annuity was, by force of the said charter, and the acts
in addition thereto, to be continued. And in lieu of all pay-
ments of the said annuity, which have become due and re-
main unpaid since the said Charles River Bridge and the
franchise thereof, have become the property of the Common-
wealth, there shall be paid to the said president and fellows,
the sum of three thousand three hundred and thirty-three
dollars and thirty cents, out of the treasury of the Common-
wealth ; and his excellency the governor, for the time being,
is hereby authorized and requested to draw his warrants ac-
cordingly. [Approved by the Governor, Api'il 26, 1847.]
Resolve for the Payment of sundry Miscellaneous Accounts.
Resolved, That there be allowed and paid, out of the
public treasury, to the several corporations and persons
mentioned in the accompanying roll, the sums set against
their several names respectively, amounting in the whole to
ten thousand one hundred forty-three dollars and ninety-two
cents, the same being in full discharge of the accounts and
demands to which they refer ; and that a warrant be drawn
accordingly. [Approved by the Governor^ April 26, 1847.]
Resolve for the Payment of sundry Pauper Accounts.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the several corporations
and persons mentioned in the accompanying roll, the sum
of thirty-six thousand six hundred thirty-two dollars and
fifty-one cents, in full discharge of the accounts to which
they refer, and that a warrant be drawn accordingly: pro-
vided, that all payments made under this resolve shall be
made upon the condition that the cities and towns, so receiv-
ing the same, shall respectively refund, to the treasurer of
the Commonwealth, such sums as shall be found to have
been illegally charged in the accounts upon which such
payments are made. [Approved by the Governor, April 26,
1847.]
Resolve for the Payment of sundry Miscellaneous Accounts.
Resolved, That there be allowed and paid, out of the
treasury, to the several corporations and persons mentioned
1847. Chap. 101, 102, 103. 541
in the accompanying rolls, the sums set against their several
names, respectively, amounting to the sum of twenty-nine
thousand two hundred thirty-seven dollars and fifty-three
cents, the same being in full discharge of the accounts and
demands to which they refer ; and that a warrant be drawn
accordingly. [Appiovcd by the Governor, Aj)ril 26, 1847.]
Resolves providing for the Appointment of a Board of Commissioners on the L/liOp 10,^.
Laws concerning the Militia.
Resolved, That the governor, with the advice and consent Governor in
of the council, is hereby authorized to appoint five persons, council to ap-
^ -x i. 1, 1 r • • * ^ , Zi I point five com-
to constitute a board oi commissioners to report to the next missionersio
legislature a system for the organization and discipline of report, &c.
the militia of the Commonwealth.
Resolved, That the compensation to each commissioner Commissioners'
shall be three dollars a day, and one dollar for each ten beTs plVd^aV"
miles travel to and from their several places of abode : pro- and $1 for each
vlded, that no commissioner shall receive for his services len mdes travel,
more than ninety dollars in the whole, exclusive of his fees Provided, &.c.
for travel. [Approved by the Governor, April 26, 1847.]
Resolves concerning the Mexican "War, and the Institution of Slavery. OnCtpiUO.
Resolved, That the present war with Mexico has its pri-
mary origin in the unconstitutional annexation to the United Origin and
States of the foreign State of Texas ; that it was unconstitu- otuie war w^th
tionally commenced by the order of the President, to Gener- Mexico tor the
al Taylor, to take military possession of territory in dispute of'\'hat"'emp'ire?*
between the United States and Mexico, and in the occupa- the extension of
tion of Mexico; and that it is now waged by a powerful ^Iren^iheJ^fng of
nation against a weak neighbor — unnecessarily and without the sfave pow-
iust cause, at immense cost of treasure and life, for the dis- f'"'i^"f'',t.^^o°""
memberment of Mexico, and lor the conquest of a portion of states.
her territory, from which slavery has already been excluded,
with the triple object of extending slavery, of strengthening
the slave power, and of obtaining the control of the Free
States, under the constitution of the United States.
Resolved, That such a war of conquest, so hateful in its a war against
objects, so wanton, unjust, and unconstitutional in its origin manit*y"jus"ti"ce
and character, must be regarded as a war against freedom, the Union, the '
against humanity, against justice, against the Union, against and\VeFree
the constitution, and against the free states ; and that a States.
regard for the true interests and highest honor of the coun-
try, not less than the impulses of Christian duty, should .
arouse all good citizens to join in efforts to arrest this war, it ought to be
and in every just way, to aid the country to retire from the ^"'^*^^''-
position of aggression which it now occupies towards a weak,
distracted neighbor, and sister republic.
Resolved, That our attention is directed anew to the Patriotism and
,/ 1 •. 55 r 1 J ^ .1 . T morahly dictate
wrong and enormity" of slavery, and to the tyranny and efforts for the
usurpation of the "slave power," as displayed in the history destruction of
69
542 1847. Chap. 103.
the slave power of our country, particularly in the annexation of Texas, and
^on o^Arave'* the present War with Mexico; and that we are impressed
^^' with the unalterable conviction, that a regard for the fair
fame of our country, for the principles of morals, and for
that righteousness which exalteth a nation, sanctions and
requires all constitutional efforts for the destruction of the
unjust influence of the slave power, and for the abolition of
slavery within the limits of the United States.
Annexation of Resolved, That the annexation of territory with Mexican
5^!i.'STo'ihe* population upon it, is highly inconsistent wifh the well-being
well-being of of this Uniou. [Approved by the Governor, April 26,
the Union. -i oay i
MILITARY ACCOUNTS.
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Brig. Gen. James Dana,
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Brig. Gen. Henry Dunham, -
Col. Samuel P. Shattuck,
RECAPITULATION,
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NEWSPAPER ACCOUNTS. 549
coo^«.lrtl>.0'*aococo^<.5ot0'#co<^>^.
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550
NEWSPAPER ACCOUNTS.
Eh
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w
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12;
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c»r^<>>oooQoooiflcocoo»>.i>.oco<noooiN.?otN.r>.e»'^e50
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Sandwich Observer, - . .
Gospel Standard, - - - _
American Traveller, . -
Boston Daily Advertiser, - - -
" " Whig,
" Courier, - - - . -
" Star, - - - .
« Times, - - . .
Daily and Weekly Eagle,
Christian Watchman, ...
Fitchburg Sentinel, - ...
Greenfield Democrat, . . _
Harbinger, - - . .
New Bedford Bulletin, -
Nantucket Warden, - - .
New England Washingtonian,
Salem Gazette and Essex County Mercury,
Yarmouth Register, - _ .
Christian Register, - . .
Cape Ann Light, - - - -
Gloucester Telegraph, - - .
Hampden Washingtonian,
Norfolk Democrat, - . -
Mercantile Journal, - - -
Saturday Rambler, - . .
Essex Banner, - - - _
Lowell Courier, - - - -
o
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1 1 1 1 1 1 1
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David Reec
John S. E.
B. S. Richa
E. G. Robir
Sleeper & 1
C. H. Simo
E. H, SafTo
Wm. Schou
NEWSPAPER ACCOUNTS.
551
CI CO t-1 .-1 TJ< (M ri CO CO ^ 1-1 rl ri rl i-i i-l r-l i-H
«oco^ooococoeo
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552 MISCELLANEOUS ACCOUNTS.
ROLL OF MISCELLANEOUS ACCOUNTS,
Audited by the Committee on Accounts, and reported to the House
of Representatives, April 24, 1847.
Eayrs & Fairbanks, stationery, &c. for
Senate, .... $108 75
Do. do. for House, . . .234 30
Do. do. for secretary and council, . . 690 73
Do, do. for treasury office, . . 25 25
Do. do. for adjutant general's office, . 171 16
$1,230 19
Jones & Wheelwright do. for House, 252 50
John T. Prince & Co. do. for do. %7 25
Do. do. for Senate, . . 54 34
61 59
Charles Stimpson, do. for Senate, . . 204 61
Little & Brown, I copy Minot's Digest, 7 00
Dutton & Wentworih, 1 copy Supplement
Revised Statutes, . . . . 2 75
James Loring, 18 copies Mass. Registers, 16 20
O. W. Allen, for twine, . . . 16 88
J. H. Buffo rd & Co., engraving, &c. for
George B. Emerson, . . . 42 07
J. G. Roberts (fc Co. for binding, . . 68 00
Peter Low, for do. for library, . . 148 07
$1,748 89
300 97
G. G. Smith, for engraving for Secretary, . . 15 47
Charles Hickling, for State maps, . . . 188 50
J. R. Hodges, for reducing scale of county maps, . 318 90
Charles Calhoun, for copying journals of Senate, &c. 668 00
Caleb Hayden, for statement of deeds registered in
Middlesex, . . . . . 33 00
J. H. Butler, for statement of amount paid county
commissioners, . . . . . 5 00
James F. Baldwin, per act of April 9, 1836, . 37 50
Nathaniel Greene, for postage for Legislature, . 61 18
E. A. Morse, keeper of jail in Taunton, . . 12 00
Brown & Severance, for carriages for governor and
council, . . . . $110 58
N. H. Streeter, for do. for committees, 23 18
Old South Society, for use of church, elec-
tion day, . . ' 9 ' • $20 00
I. S. Withington, organist, for self, and
choir, . . . . . 20 00
133 76
40 00
MISCELLANEOUS ACCOUNTS,
653
Ebenezer Shute, for constables, election day,
Lott Pool, for drawing diagrams,
A. B. Young, for services as architect,
M. B. Brigham, for washing for state-house,
Joshua Whittemore, for shoveling snow,
Leavitt Thaxter, committee on public charitable in-
stitutions, .... $12 52
Jason Goulding, do. . . . .10 42
Allen Putnam, do. . . . . 11 00
C. Edward Cook, do. . . . 10 71
Ephraim Buck, do. . . . .10 75
George Millard, do. . . . . 11 00
Royal Fowler, do. . . . . 11 00
James Adams, special police,
George Crosby, do.
Charles C. Gregg, do
T. F. Hall, do.
H. C. Henry, do.
Henry Preble, do.
George llayne, do.
Isaiah Stoddard, do.
William Snow, do.
G. B. Wheeler, for incidental repairs of
state-house, ....
C. W. Haven, for painting and glazing,
John Templeton, for stone work,
H. N. Baxter, for putting down carpets, (fee.
T. P. & S. Durant, for upholstery, cush-
ions, &c. ....
Parker Fowle & Son, for carpeting,
B. & E. Jacobs, for linen for curtains,
P. U. Blunt, for soapstone, «fcc.
Bryent & Herman, for stove funnel,
Gardner Chilson, for repairing ventilators, .
Harris & Stan wood, for lamps,
Zelotes Hosmer, for lamps, .
Kendall P. Saunders, for wooden ware,
Benjamin Stevens, for balance of his ac-
count, . . . . . 42 80
Do. to pay sundry small bills, . . 10 00
3 00
1 50
1 50
1 50
1 50
3 00
3 00
4 50
3 00
782 72
195 75
18 12
47 70
162 77
15 15
12 70
5 07
2 81
2 00
116 41
16 00
6 26
$24 25
15 00
10 00
16 00
102 69
77 40
22 50
Amount of newspaper accounts,
1,383 46
52 80
$5,267 27
4,876 65
$10,143 92
654
PAUPER ACCOUNTS.
ROLL OF PAUPER ACCOUNTS.
[See Resolve, Chap. 100, p. 540.]
COUNTY OF SUFFOLK.
Boston, for the support, &c. of State paupers, in
House of Industry and Reformation, (burials
of paupers and small-pox patients included,) .
of paupers and small-pox patients mcluded,]
""''•"" for the support, &c. of State paupers,
Chelsea,
$12,817 70
COUNTY OF ESSEX.
Andover,
Beverly,
Boxford,
Bradford,
Danvers,
Essex,
Georgetown,
Gloucester,
Hamilton,
Haverhill,
Ipswich,
Lynn,
Lynnfield,
Manchester,
Marblehead,
Methuen,
Middleton,
Newbury,
Newburyport,
Rockport,
Rowley,
Salem,
Salisbury,
Saugus,
Topsfield,
Wenham,
West Newbury,
e support, &c.
of State paupers,
do.
do.
$106 78
do.
do.
30 51
do.
do.
25 55
do.
do.
do.
do.
360 54
do.
do.
25 55
do.
do.
33 95
do.
do.
129 27
do.
do.
do.
do.
11 65
do.
do.
do.
do.
239 49
do.
do.
do.
do.
59 51
do.
do.
do.
do.
57 30
do.
do.
do.
do.
65 87
do.
do.
180 85
do.
do.
255 15
do.
do.
do.
do.
'. 1,663 65
do.
do.
52 99
do.
do.
do.
do.
\ 41 37
do.
do.
do.
do.
* 180 07
J,520 05
PAUPER ACCOUNTS.
655
COUNTY OF MIDDLESEX.
Acton, for
Ash by,
Bedford,
Billerica,
Boxboroiigh,
Brighton,
Burlington,
Cambridge,
Carlisle,
Charlestown,
Chelmsford,
Concord,
Dracut,
Dunstable,
Framingham,
Groton,
Holliston,
Hopkinton,
Lexington,
Lincoln,
Littleton,
Lowell,
Maiden,
Marlborough,
Med ford,
Natick,
Newton,
Pepperell,
Reading,
Sherburne,
Shirley,
Somerville,
South Reading,
Stoneham,
Stow,
Sudbury,
Tewksbury,
Townsend,
Tyngsborough,
Waltham,
Watertown,
Wayland,
West Cambridgi
Weston,
Westford,
Wilmington,
Woburn,
the support, &c. of State paupers,
do. do.
-
do.
do.
do.
do.
do.
do.
do.
do..
do.
do.
do.
do.
do.
do.
'. |1,056 20
do.
do.
'. 2,937 08
do.
do.
18 20
do.
do.
46 42
do.
do.
77 97
do.
do.
do.
do.
49 08
do.
do.
12 08
do.
do.
42 52
do.
do.
6 89
do.
do.
28 79
do.
do.
do.
do.
'. 80 30
do.
do.
2,572 71
do.
do.
145 21
do.
do.
do.
do.
20 98
do.
do.
5 00
do.
do.
72 92
do.
do.
do.
do.
do.
do.
do.
do.
32 42
do.
do.
157 57
do.
do.
do.
do.
25 55
do.
do.
do.
do.
.
do.
do.
do.
do.
do. .
do.
25 55
do.
do.
45 60
do.
do.
263 83
do.
do.
84
e,do.
do.
26 73
do.
do.
25 55
do.
do.
do.
do.
do.
do.»
10 61
$7,786 60
556
PAUPER ACCOUNTS.
COUNTY OF WORCESTER.
Ashburnham, for
Athol,
Auburn,
Barre,
Berlin,
Blackstone,
Bolton,
Boylston,
Brook field,
Charlton,
Dana,
Douglas,
Dudley,
Fitchburg,
Gardner,
Grafton,
Hard wick.
Harvard,
Holden,
Hubbardston,
Lancaster,
Leicester,
Leominster,
Lunenburg,
Mendon,
Milford,
Millbury,
New Braintree,
Northboro',
Northbridge,
North Brookfield
Oakham,
Oxford,
Pax ton,
Petersham,
Phillipston,
Princeton,
Royalston,
Rutland,
Shrewsbury,
Southboro',
Southbridge,
Spencer,
Sterling,
Sturbridge,
Sutton,
Templeton,
the support, &c.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do. •
do.
of State paupers
, $30 62
do.
20 22
do.
do.
do.
do.
16 17
do.
do.
do.
1 87
do.
14 50
do.
54 37
do.
6 88
do.
do.
26 41
do.
do.
17 24
do.
do.
do.
41 93
do.
do.
19 43
do.
79 91
do.
15 87
do.
do.
10 42
do.
33 62
do.
17 28
do.
5 63
do.
26 84
do.
11 59
do.
47 01
do.
do.
do.
do.
51 10
do.
30 11
do.
do.
; 28 35
do.
24 57
do.
do.
do.
'. 12 81
do.
58 86
do.
do.
! 25 55
do.
do.
! 24 61
PAUPER ACCOUNTS.
657
Upton, for the support, &c. of State paupers,
Uxbridge, do. do,
Warren, do. do.
Webster, do. do.
Westboro', do. do.
West Boylston, do. do.
Westminster, do. do.
Winchendon, do. do.
Worcester, do. do.
COUNTY OF HAMPSHIRE.
Amherst, for the support, &/C. of
Belchertown, do.
$n
79
61
52
9
38
126
75
36
55
! 30 45
503 28
Chesterfield,
do.
Cummington,
do.
Easthampton,
do.
Enfield,
do.
Goshen,
do.
Granby,
do.
Greenwich,
do.
Hadley,
do.
Hatfield,
do.
Middlefield,
do.
Northampton,
do.
Norwich,
do.
Pelham,
do.
Plainfield,
do.
Prescott,
do.
South Hadley,
do.
Southampton,
do.
Ware,
do.
Westhampton,
do.
Williamsburg,
do.
Worthington,
do.
$1,533 49
State paupers,
$98 01
do.
25 55
do.
do.
do.
32 04
do.
do.
do.
12 67
do.
do.
29 96
do.
21 28
do.
41 68
do.
254 95
do.
38 57
do.
do.
do.
do.
do.
56
do.
24 70
do.
35 00
do.
do.
51 10
$666 07
COUNTY OF HAMPDEN,
Bland ford, for the support, &c. of State paupers,
Biimfield, do. do.
Chester, do. do.
Granville, do. do.
Holland, do. do.
Longmeadow, do. do.
Ludlow, do. do.
71
$51 10
59 88
63
157 45
558
PAUPER ACCOUNTS.
Monson, for the support, &.c. of State paupers,
Montgomery, do. do.
do. do.
do. do.
do. do.
do. do.
do. do.
do. do.
do. do.
do.
do.
Palmer,
Russell,
South wick,
Springfield,
Tolland,
Wales,
Westfield,
West Springfield, do.
Wilbraham, do.
$80
30
5
11
88
05
23
34
593
01
'. 13
16
41
52
23
52
25
55
|l,162 62
COUNTY OF FRANKLIN.
Ashfield,
for the support, &c.
of State paupers
|28 26
Bernardston
do.
do.
Buck land,
do.
do.
Charlemont,
do.
do.
'. 5 25
Coleraine,
do.
do.
65 70
Conway,
do.
do.
36 82
Deerfield,
do.
do.
32 13
Erving,
do.
do.
2 17
Gill,
do.
do.
Greenfield,
do.
do.
51 10
Hawley,
do.
do.
Heath,
do.
do.
Leyden,
do.
do.
76 65
Leverett,
do.
do.
30 94
Monroe,
do.
do.
Montague,
do.
do.
New Salem,
do.
do, .
Northfield,
do.
do.
Orange,
do.
do.
Rowe,
do.
do.
Shelburne,
do.
do.
35 49
Shutesbury,
do.
do.
160 60
Sunderland,
do.
do.
Warwick,
do.
do.
Wendell,
do.
do.
Whately,
do.
do.
25 55
$550 66
COUNTY OF
BERKSHIRE.
Adams,
for the support, &c.
of State paupers
$196 65
Alford,
do.
do.
Becket,
do.
do.
93 86
PAUPER ACCOUNTS.
559
Cheshire, for the support, &c.
Clarksburg, do.
Dalton, do.
Egremont, do.
Florida, do.
Gt. Barrington, do.
Hancock, do.
Hinsdale, do.
Lanesboro', do.
Lee, do.
Lenox, do.
Mt. Washington, do.
New Ashford, do.
New Marlboro', do.
Otis, do.
Peru, do.
Pittsfield, do.
Richmond, do.
Sandisfield, do.
Savoy, do.
Sheffield, do.
Stockbridge, do.
Tyringham, do.
Washington, do.
W. Stockbridge, do.
Williamstown, do.
Windsor, do.
of State paupers
|91 07
do.
do.
51 61
do.
116 80
do.
do.
102 20
do.
28 49
do.
3 64
do.
124 60
do.
130 72
do.
94 67
do.
do.
do.
29 20
do.
43 57
do.
29 20
do.
180 73
do.
61 28
do.
11 55
do.
do.
35 83
do.
69 35
do.
34 57
do.
145 05
do.
30 94
do.
80 07
do.
|1,785 65
COUNTY OF NORFOLK.
Bellingham, for the support, &c. of State paupers.
Braintree,
do.
Brookline,
do.
Canton,
do.
Cohasset,
do.
Dedham,
do.
Dorchester,
do.
Dover,
do.
Foxboro',
do.
Franklin,
do.
Medfield,
do.
Med way,
Milton,
do.
do.
Needham,
do.
Quincy,
Randolph,
Roxbury,
Sharon,
do.
do.
do.
do.
do.
$60 97
do.
25 55
do.
25 55
do.
do.
37 49
do.
18 23
do.
do.
do.
do.
do.
5 35
do.
104 52
do.
30 45
do.
47 42
do.
215 15
do.
1,298 21
do.
25 55
560
PAUPER ACCOUNTS.
Stoughton, for the support, &,c. of State paupers,
Walpole, do. do.
Weymouth, do. do.
Wrentham, do. do.
|41 96
10 99
$1,947 39
COUNTY OF BPJSTOL.
Attleboro', for the support, 6i,c. of State paupers.
Berkley,
Dartmouth,
Dighton,
Easton,
Fairhaven,
Fall River,
Freetown,
Mansfield,
New Bedford,
Norton,
Pawtucket,
Raynham,
Rehoboth,
Seekonk,
Somerset,
Swanzy,
Taunton,
Westport,
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
$5 67
do.
do.
100 21
do.
2 80
do.
do.
113 18
do.
1,217 61
do.
do.
do.
1,206 27
do.
do.
157 31
do.
33 88
do.
200 94
do.
77 10
do.
25 55
do.
76 65
do.
521 53
do.
51 10
|3,789 80
COUNTY OF PLYMOUTH.
Abington, for the support, &c. of State paupers
Bridgewater, do.
Carver, do.
Duxbury, do.
E. Bridgewater, do.
Halifax, do.
Hanover, do.
Hanson, do.
Hingham, do.
Hull, do.
Kingston, do.
Marsh field, do.
Middleboro', do.
N. Bridgewater, do.
Pembroke, do.
Plymouth, do.
lie paujjcio
do.
^<S((j ^J\J
do.
do.
33 95
do.
42 66
do.
do.
14 60
do.
do.
2 80
do.
do.
do.
do.
73 56
do.
82 84
do.
92 34
do.
64 88
PAUPER ACCOUNTS.
661
Plympton, for the support, &c. of State paupers,
Rochester, do. do.
Scituate, do. do.
Wareham, do. do.
W. Bridgewater, do. do.
COUNTY OF BARNSTABLE.
$42
42
61
20
51
00
10
64
$600 89
Brewster,
Chatham,
Dennis,
Eastham,
Falmouth,
Harwich,
Orleans,
Province town,
Sandwich,
Truro,
Wellfleet,
Yarmouth,
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
)f State paupers,
$5 60
do.
51 10
do.
do.
14 50
do.
do.
do.
do.
25 55
do.
do.
37 59
do.
25 55
do.
do.
$159 89
OUNTY.
DUKES
Chilmark, for the support, &c. of State paupers,
Edgartown, do. do.
Tisbury, do. do.
COUNTY OF NANTUCKET.
Nantucket, for the support, &c. of State paupers,
$13 02
$13 02
$298 68
RECAPITULATION.
Suffolk County,
Essex, do.
Middlesex do.
Worcester do.
Hampshire, do.
Hampden do.
Franklin do.
$12,817 70
3,520 05
7,786 60
1,533 49
666 07
1,162 62
550 66
562
PAUPER ACCOUNTS.
Berkshire County,
. |1,785 65
Norfolk, do.
1,947 39
Bristol do.
3,789 80
Plymouth do.
600 89
Barnstable do.
159 89
Dukes do.
13 02
Nantucket do.
298 68
$36,632 51
MISCELLANEOUS ACCOUNTS. 563
STATE LUNATIC PAUPERS.
[See Resolve, Chap. 101, p. 540.]
County of Suffolk, for the support of 117 State
lunatic paupers, ....
County of Essex, for the support of 41 State lu-
natic paupers, .....
County of Middlesex, for the support of 35 State
lunatic paupers. ....
County of Worcester, for the support of 2 State
lunatic paupers, ....
County of Norfolk, for the support of 3 State lu-
natic paupers, .....
State Lunatic Hospital, for the support of 121
State lunatic paupers, ....
County of Hampden, for the support of 3 State
lunatic paupers, ....
County of Berkshire, for the support of 2 State
lunatic paupers, ....
County of Bristol, for the support of 1 State lu-
natic pauper, .....
City of Roxbury, for the support of 5 State luna-
tic paupers, .....
Town of Cummington, for the support of 1 State
lunatic pauper, .....
Town of Palmer, for the support of 1 State luna-
tic pauper, .....
INDIAN RETURNS.
Marshpee, for support of State paupers, &c., . $242 62
Herring Pond Plantation, for support of State
paupers, . . . . . 25 55
Gay Head, for support of State paupers, . 25 55
$293 72
$9,738
46
3,428 42
2,265
36
205
60
300
00
9,126
86
130 51
200
00
100 00
314 44
100 00
91
14
$26,000
79
564
MISCELLANEOUS ACCOUNTS.
INDIAN ACCOUNTS.
Nathaniel Hunt, guardian, for the support of the
Dudley Indians in the town of Webster, for the
year 1846, .....
Holder Wadell, agent, for the support of the Fall
River Indians, for the year 1846,
Thomas French, guardian of Punkapoag tribe of
Indians, .....
$135 22
287 40
79 00
|501 62
SMALL POX PAUPERS.
The town of Dorchester, for the support of Syl-
vanus Gove, .....
The town of Charlestown, for the support of Mi-
chael McDonald, ....
The town of Methuen, for the support of C. B.
Grover, .....
The city of Cambridge, for the support of Caleb
Bryant and Asahel Stephenson,
$132
61
39
01
146 72
154 87
$473
21
CORONERS' ACCOUNTS.
Suffolk County— Jabez Pratt, to April 9, 1847,
Charles Smith, to April 14, 1847,
William Andrews, to March 3,1847, .
Essex County — Theodore Andrews, to Dec. 20
1846, .....
John Cook, to Dec. 29, 1846, .
Middlesex County — Thomas Sumner, to March
17, 1847, ....
Nathaniel Watson, to Nov. 27, 1846, .
J. B. French, to Dec. 31, 1846,
Worcester County — Horace Newton, to Sept. 30
1846, . . . . ' .
Claudius B. Long, to Feb. 2, 1847,
Sylvanus Harris, to .Tan. 4, 1847,
Norfolk County— Martin Bates, to March 26
1847,
Martin Bates, to April 12, 1847,
Lewis Bass, to Nov. 30, 1846,
$197 66
385 78
140 70
30 64
5 00
18 56
13 56
9 00
43 41
11 00
20 10
67 21
25 00
86 28
MISCELLANEOUS ACCOUNTS.
565
Bristol County — Cromwell Leonard, to Dec. 30, 18-^6,
David Silvester, to Dec. 30, 184b,
William Gordon, to Sept. 23, 1816,
Dukes County — Samuel Keniston, to Nov. 30, 1846,
|19
60
20
15
11
00
32
26
$1136 91
Suffolk County-
Essex "
Middlesex "
Worcester "
Hampshire "
Hampden "
Franldin "
Berkshire "
Norfolk "
Bristol "
Barnstable "
Plymouth "
Dukes "
Nantucket"
SHERIFFS' ACCOUNTS.
-Joseph Eveleth, to March 18, 1847,
Joseph E. Sprague, to Dec. 31, 1846,
Samuel Chandler, to Jan. 4, 1847,
John W. Lincoln, to Jan 1, 1847,
S. L. Hinckley, to Jan. 1, 1847,
C. Rice, to Dec. 31, 1846, .
John Nevers, to Jan. I, 1847,
E. F. Ensign, to Jan. 25, 1847,
J. N. E. Mann, to Feb. 11, 1847,
H. L. Danforth, to Jan. 1, 1847,
Nathaniel Hinckley, to March 16
1847,
Branch Harlow, to Jan 1, 1847,
Isaiah D. Pease, to Jan. 27, 1847
E. Siarbuck, to Jan. 9, 1847,
$42
99
, 31
20
. 101
67
. 104 02
. 38
37
. 54 05
. 46 32
. 90 52
. 57 88
. 84 37
; 27
59
. 78
71
. 33
65
. 39
94
$831 28
RECAPITULATION.
State Pauper Account,
$36,632 51
State Lunatic Paupers,
Indian Returns,
Indian Accounts, .
Small Pox Patients,
Coroners' Accounts,
Sheriffs' Accounts,
$26,000 79
293 72
501 62
473 21
1,136 91
831 28
$29,237 53
72
INAUGURAL ADDRESS
OF
HIS EXCELLENCY GEORGE N. BRIGGS.
Representatives' Chamber, Jan. 12lh, 1847.
At twelve o'clock, Ills Excdioicy the Governor, accoivpoiiicd by
His Honor the Lientetuint Governor, the mcmiers of the Ex-
ccviive Coj/ncil, the Secretary, Treasurer, Adjutant Gen-
eral, and Land Agent of the Commonweallh, and attended by
a joint Committee of the two Houses, and the Sheriff of Suf-
folk, met the Senate and House of liepresentatives ill con-
vention, and delivered the foilovnng
ADDRESS:
Gentlemen of the Senate and of the
House of Jiejiresentatives :
In the course of events and by the favor of Heaven, the Exec-
utive and Legislative branches of the Government of Massachu-
setts have once more assembled in this Council House of the
Commonweahh.
Invested with authority by our constituents, we have come
up here to watch over their interests.
Before proceeding to the discharge of our official trusts, let
us pause, and render a tribute of giatitnde and praise to the
Ruler of the Universe for his past mercies, and invoke his wis-
dom to direct us in our present dehberations.
The finances of the State, always a subject of deep interest to
the people, will be shown, by the report of the Treasurer, to be
in a satisfactory condition.
The receipts for the year amounted to - - $563,723 88
Tlie expenditures to - - - - 555,065 31
The aggregate amount of receipts includes —
Cash OH hand 1st January, 1846, - - 7,^98 54
Balance of ^^tate Tax for 1845, - - - 66,606 75
Temporary loans, - . - . - $54,000 00
This sum, ^ - . . . $128,305 29
GOVERNOR'S ADDRESS. 567
Deducted from the whole receipts, - - $563,723 88
Leaves, ------ $435,418 59
As the ordinary receipts for the year.
Tiie amount of the oxpeiiditures incUides —
Temporary loans repaid, _ - _ |9n,800 00
5 per cent, stock of J842 paid in '46, - - 37,140 00
Rail-road loans note to Phoenix Bank, - - 6,000 00
This sum, _ - - . _ 1 133, 940 00
Deducted from the whole expenditure, - - 555,065 31
Leaves - - - - - - $421,125 31
As the ordinary expenditure of the year.
Showing an excess of ordinary receipts over the expenditures,
of $14,293 28.
'J'his is a very gratifying result, and fully confirms the judg-
ment of the last Legislature, that a Stale tax would not be
necessary to enable the treasury to meet the demands upon it.
The credit of the State is unimpaired. She has never failed,
to meet her engagements.
With that strict and wise economy, which it is the duty of
those who conduct the affairs of the Commonwealth to exercise
in relation to the public finances, there seems no good reason to
doubt, that the ordinary accruing revenue of the State for years
to come, will not only be sufficient to meet the ordinary expen-
ses, but- will also enable the Legislature, from time to time, to
make appropriations for other important objects, which they
may deem worthy of their patronage.
The 5 per cent, stock of 1842 having been paid off, no other
debt against the State falls due before 1857. At that time, the
scrip issued to pay for the one thousand shares which the Com-
monwealth took of the Western Rail-road Stock, amounting to
a million of dollars, will be due. That stock is now worth par,
and is not likely to be of less value at any future time.
Tlie Sinking Fund created to provide for the payment of that
debt, and for the annual increase of which one half the amount
received from the sales of the public lands in the State of Maine,
is set apart, now amounts to S3:)7,87(). At the past ratio of in-
crease, when the debt falls due^ it will be more than sufficient
to meet it.
The State has heretofore lent its credit to certain rail-road
companies, for a little more than $5,000,000. These roads and
their stock are pledged as securities against the liabilities of the
Commonwealth. I'he companies pay the accruing interest on
their debts with punctuality; the roads are in fine condition, and
in successful operation, and without some imforeseen disasters,
there is no probability of the State being called upon to pay one
dollar of the principal.
From the reports of the officers, and from personal inspection,
668 GOVERNOR'S ADDRESS.
I am satisfied the affairs of the State Prison at Charlestown
were never in a better condition than at the present time. The
earnings for the last year, fall about five hundred dollars short
of the expenses; but this is owing to causes that do not reflect
the least discredit upon its economical management. Only seven
convicts were released by pardon during the year ; yei, at its
close, there were fewer inmates than there have been at any
period for twenty years past. With the exception of two years,
1820 and 1831, a smaller number were received than in any year
since 1812. From December, 1844, to the close of the last year,
there were in the prison 430 different persons, and but one death
occurred. Within the last four years, no convict has been re-
leased on account of ill health. 'i"he convenient arrangemer^t
and order of the shops, the neatness which pervades every part
of the establishment, the quiet and healthy appearance of the
prisoners, the very few instances in which personal discipline
has been necessary, the general and respectful observance of the
rules of the prison, the increasing desire of the prisoners to obtain
and read the books from the library, all bear testimony in favor
of the competent and faithful Warden, and the other officers who
have cheerfully cooperated with him in executing the important
duties of their stations. The benefits of a mild and humane
treatment towards the unfortunate offenders against the laws of
society, are more and more manifest. The credit of this experi-
ment, in our prison, belongs to the present Warden. Thus far,
it has been successful.
Whatever difference of opinion may exist among those who
are, with ability and zeal, theoretically discussing the compara-
tive merits of the social and solitary systems of prison discipline,
for the accomplishment of all the objects sought to be attained
by the penitentiary mode of punishment, the preser.t condition
of the Massachusetts Slate Prison must place it very high among
similar institutions in this and in other countries.
Since the adjournment of the last liCgislature, Dr. Woodward,
the Superintendent of the State Lunatic Hospital at Worcester,
who took charge of the institution at the commencement of its
operations, has retired from that trust, and been succeeded by
Dr. Chandler, who, several years ago, was an Assistant Super-
intendent.
The institution, as conducted by Dr. Woodward, under the
general charge of its Trustees, has done great credit to its Su-
perintendent, to the Commonwealth, as its patron, and rendered
a most important service to the cause of humanity. Though
in thirteen years of hard labor in that noble Hospital, he may
have impaired a fine constitution, by that labor, he has erected
for himself a monument more durable than marble. Hundreds
of men and women " in whose disordered brain reason had lost
her way," who have been restored to health and sanity through
his instrumentality, will, with their friends, remember him with
gratitude. The friends of suffering humanity every where
GOVERNOR'S ADDRESS, 669
will honor his memory. The institution itself, whose character
he so esseiitiallv helped to build np, will shed its light over the
path of flit!!!' generations, when those whose philanthropic
hearts origiiiaied and set it in motion shall have passed away.
There are now at the Hospital more than three hnndred and
sixty patients. Its condition is as prosperous as at any former
period, and promises, under the management of the present t^u-
perintendent, to maintain the high character which it acquired
under his predecessor.
For several years past, about thirteen thousand dollars have
been annually appropriated for the use of the Indigent Deaf and
Dtnnb and the IJIind of the Commonwealth,
There are now, in the American Asylum for the Deaf and
Dumb at Hartford, in the State of Connecticut, fiftij-n'me, and
in tlie Massachusetts Asylum for the Blind at South Boston,
fortij-thrce, beneficiaries of the State reaping the benefit of those
appropriations. 'J'hese are among the noblest charities of m<!d-
ern times. In those liberal provisions which successive Legis-
latures have made for those solitary children who, from organic
obstructions, as well as from pecuniary inability, are deprived
of the opportunity of acquiring knowledge, it is shown that the
people of Massachusetts are determined that nothing short of
positive mental incapacity to receive instruction, shall, so far as
they can furnish the means, prevent any class of the children of
the Commonwealth from enjoying the blessings of education.
It is believed that the (commonwealth has an interest in, and
a title to, certain lands in the Harbor of Boston, known by the
name of the Flats. Of the precise location, limits, or value of
such lands. I am not informed.
I suggest the propriety of some legislative provision in relation
to the subject, with a view of obtaining correct information.
Should it be foiuid that the State owns valuable property of
that description, the rapidly increasing population and business
of this city may make it the interest of both, that it should be
brought into market and disposed of in the most judicious man-
ner.
I am sorry to be obliged to say, that the long-standing and
equitable claim of Massachusetts upon the Federal Government,
for expenses incurred for the public defence during the war of
1812 with Great Britain, still remains unpaid. Large sums
have been paid to other States for similar expenses.
We rest our claim upon the same principles which have led
to those payments, and only ask of the United States to deal
with us as they have dealt with other States.
Years ago, Congress directed the Secretary of War to audit
and adjust the claims of Massachusetts, on the same principles
npon which the claims of other States had been settled. He
did so, and reported a large balance as due to Massachusetts. A
legislative appropriation was necessary to authorize the sum
thus found due, to be paid. More than once such an appropria-
570 GOVERNOR'S ADDRESS.
tion has passed one branch of Congress, and been defeated in
the other.
^i'iie Chief Magistrate of the United States has recently held
np before the world tho conduct of the government of a neigh-
boring repuhhc, in neglecting to pay the chums of his govern-
ment upon them, as constituting a just cause of war. The
common government of the Union over which that Chief Magis-
trate presides, has, for more than a quarter of a century, delayed
the payment to one of the States of that Union, of a claim as just
and as well ascertained, as any claim due from the foreign re-
public whose conduct is so properly censured.
By two acts of Congress, passed in May and June last, the
President of the United t?tates is authorized to call for and ac-
cept the services of any number of volunteers, not exceeding
fifty thousand, as a means of prosecuting the war with Mexico.
Jn December, I received a comnumication from the ^fecretary
of War, written by order of the President, calling on the State
of Massachusetts, to furnish one infantry regiment of volun-
teers, to serve during the war with JMexico, under those laws.
In compliance with that call, seven companies have volunta-
rily enrolled themselves, been organized under the laws of the
State, and, at their own request, mustered, or are being muster-
ed, into the service of the United States.
Three other companies have given notice that they have the
requisite number, and request to be organized.
When these companies shall be organized and mustered, and
shall have chosen their regimental officers, the regiment will be
complete.
"^I'he measures of the general government during the last two
years, and the present posture of our national affairs, are
looked upon bv the people of the country with great interest.
When the tariff act of 1812 was passed, the rates of import
duties, under the operation of the compromise act of 1833, had
fallen to 20 per cent. With the duties, the revenue of the gov-
ernment had declined, and the business of the country fallen
off, until the government was embarrassed for the want of
means to meet its ordinary demands, labor lost its accustomed
employment, and general derangement and depression pervaded
the whole business community. Under this gloomy state of
things, both houses of Congress went to work in earnest to pro-
vide a remedy. Probably no tarifi', or revenue bill, since the
origin of our government, ever was prepared with so much
care and labor as was the bill of 1842. Its authors took for
their guide the principles of the first tariff bill passed under the
constitution of the United States, which was framed by the pa-
triot statesmen who made the constitution itself ']'heir object
was to raise a revenue to replenish the exhausted treasury, and
to encourage the manufactures, give employiTient to the labor,
and revive the drooping business, of the country. They wished
to repair the injury which the operation of a practical free trade
GOVERNOR'S ADDRESS. 571
revenue bill had done. The bill of 1842 became the law of the
land. Did it accomplish the objects contemplated by its framers'?
Its operation is matter of history Public confidence was
soon restored, capital began to be put in requisition, business
revived ni all its branches, labor was employed and paid, and
a prosperity as general and encouraging, as the depression had
been extensive and disastrous, spread over the land.
The coudition of the country, under the working of that
law. was forcibly and truly presented by the President in the
commeuccmeut of his last annual message. He says, " it is a
subji^ct of congratulation, that there has been no period in our
past history, when all the elements of national prosperity have
been so fully developed;" that "abundance has crowned the
toil of the husbandman, and labor in all its branches is receiv-
ing" an. ample reward.'^
In 1843, the reveime which accrued from imports was only
about $r2,UUt),Ul)(). In 1844, which was the first entire fiscal
year under the tariff of 18 12, the revenue was, in round ntim-
bers, twenty-five and three quarter millions; in 1845, twenty-
six and three quarter millions, and in 1846, $26,712,607, —
showing a uniformity of receipts under that law, for three suc-
cessive years, without a parallel in the financial history of our
government.
A law thus carefully and wisely framed, _ and which, by its
operation upon the public revenue and upon the business of the
community, proved its adaptation to the exigencies of the coun-
try, was, at the last session of Congress, upon the recommen-
dation of the President of the United Slates, repealed. Another
law was passed, which went into operation on the first day of
December last. In his recent animal message to Congress the
President says, ''the leading principles established by this law
are, to levy the taxes with a view to raise revenue, and to im-
pose them upon tlie articles imported, according to their actual
value." It will be seen that two important prinriples, which
have entered into all former revenue bills, are expunged from
this, — namely, the encouragement of the business and labor of
the country, and specific duties upon such articles as the nature
of the case requires.
This bold innovation upon the policy sanctioned by every
President and Congress of the United States, from the time of
Washington down to the present incumbent of that high office,
struck the laboring and business men of the country with sur-
prise and alarm, and gave the greatest satisfaction to the capi-
talists and manufacturers of Kuglaiid. The recent demonstra-
tions of public opinion, in many of the States of this Union,
are, it cannot be denied, some evidence going to show how this
hazardous experiment is regarded by the people of the country.
'J\velvc mouths ago we were at peace with the world. Mors
than a generation had passed away since we had been involved
in hostilities with a foreign country. The people of this repub-
572 GOVERNOR'S ADDRESS.
lie cherished the hope, that the day was far distant when the
calamities of war would come upon them. In this tliey have
been disappointed.
At this time the soldiers of the North American republic are
in the heart of a neighboring and sister repubUc, doing the
deeds of war. Their march has been triumphant; and in their
conflict in arms with their adversaries, they have exhibited a
firmness and heroic valor, that would have done honor to the
troops of any nation, in any age of the world. Yet their victo-
ries have been costly ones. They have dearly purchased their
garlands. Into them, the cypress is deeply woven. To say
nothing of the desolation and misery which they, as an invad-
ing army, have carried among the distracted, misgoverned, and
ill-fated people of Mexico, over whose country they have
marched with hostile feet, millions of the public treasure have
been diverted from the objects of peace, to support thenj in their
progress, and multitudes of their brave companions in arms, of-
ficers and soldiers, have been brought to their graves by dis-
ease, or fallen in battle.
The voice of widows and orphans, of parents, sisters, and
friends, has been heard in wailing, through this peace-loving
land. ^J'o whom belongs the guilt of this unfortunate war?
Could it have been prevented with justice and honor to the two
republics?
Are the ephemeral rulers of Mexico, who manifest neither
patriotism to their own people, nor a disposition to observe the
treaty stipulations of their government with their neighbors,
and who appear and disappear, like the characters in a drama,
responsible for its commencement, or was it brought on by the
acts of our own executive government, and is the spirit of con-
quest one of its elements? These are grave questions, and
ought to be answered. Let that great pubHc who are involved
in its consequences, and who must answer for it at the tribunal
of public opinion, before the nations of the earth, look into its
origin, and its cause, with a candid, just, but unsparing scru-
tiny. An offeusive and unnecessary war is the highest crime
which man can commit against society. Appalling indocd will
be the account which its guilty authors, wherever they may be
found, must render to the injured people of the two countries,
and to the Supreme Ruler of the world, for such a war, in this
peaceful era, when the spirit of Christianity is diffusing itself
over the earth. However men may differ as to its origin or
necessity, all must concur in the opinion, that every proper
means should be employed to bring it to a speedy termination.
It is too manifest to require an argument that the two impor-
tant measures of which I have spoken — the revenue bill of
1846, and the war with Mexico — have been produced by, and
are the result of, that extraordinary action of the national legis-
lature, by which, in 1844, a foreign republic was brought into
this family of States. The tariff bill passed the Senate, by t:i3
GOVERNOR'S ADDRESS. 573
votes of the two senators from the State of Texas, irregularly,
and, as I believe, unconstitutionally inttodnced into the Union.
The war grows out of that act, and is, on our part, to vindi-
cate the unascertained and undefined boundary line between
Texas and the parent State, of which she had declared herself
independent.
The motive which, with such undignified haste, annexed the
State of Texas to this republic, gives a profound importance to
the subject. That motive appears with much clearness through
most of the published public documents in relation to it, though
in some parts of them there is an effort to conceal it. Uut one
distinguished public functionary, to whose efficiency its success
is more to be attributed, perhaps, than to the efforts of any
other man, unwilhng to conceal the truth, publicly declared the
measure to be necessary to give permanency and security to
the mstitutions of the South. With a manliness and 'boldness
which belong to his character, lie proclaimed to the world the
reason which led to this great enterprise.
Since the consummation of the act he has reaffirmed this
motive under his own hand, and said that its promulgation
alarmed the friends of the measure at the South, because it
might drive their friends at the North, upon whose aid they re-
lied to carry it, from its support.
Disdaining to attain his object by indirection, he frankly de-
clared it, and although nimibers in both houses of Congress,
from his own section of country, were constrained by their own
sense of the injustice and unconstitutionality of the measure, to
vote against it, members enough from the free States were found
to vote for it, — to carry it.
Texas was annexed as a slave State, and the overthrow of a
protective tariff, and a war with Mexico, have thus far been the
consequences. Its has extent of territory enough to make five
or six other States of a large size. The President, in his mes-
sage to Congress, " congratulates them on the success which has
thus attended our military and naval operations," and says,
'•we have acquired military possession of a territory larger in
extent than that embraced in the original thirteen States of the
Union." Are other slave States, carved out of the territory of
Texas, or of other foreign territory'', acquired by conquest, or by
treaty, to be hereafter admitted into this Union?
This is a question upon which the people of the free States,
who love the Union, and who intend to stand by and vindicate
the glorious constitution, under which they have been prosper-
ous and hnppy, and under which we have become a great and
powerful republic, ought to ponder and reflect with a serious-
ness and solemnity becoming the magnitude of the subject.
Judging from the past, it is not improbable that it may prac-
tically bo presented at no distant day. It may, in some form,
come before the national representatives, for their decision, dur-
ing the present session of Congress.
73
574 GOVERNOR'S ADDRESS.
The institution of slavery preceded the existence of the fed-
eral constitution. That constitution leaves it, where it found
it, a State institution. As a compromise, it did confer political
power upon States which held slaves, by reason of their slaves ;
but was it intended that that power should be extended beyond
the States who were parties to that compromise? The people
of the free States have always been told, by their brethren of
the slave States, that slavery was entirely a State institution,
and that the general government had nothing to do with it. It
has been conceded that this was the true exposition of the mat-
ter. But has it been practically so regarded by the South, when
the support or extension of the institution required the action
of the federal government 1
At the time of the adoption of the constitution of the United
Stales, there were seven free and six slave States. The pub-
lished opinions of leading statesmen of the South, and other
historical facts, go to show that the final extinction of the insti-
tution was looked for at no very distant day. So carefully was
the constitution formed, that, when that event should take place,
not one word or phrase of it would require to be altered, and
no expression in it would give notice to posterity, that such an
institution ever existed.
In 1784, a committee of the Continental Congress, consisting
of Mr. Jefferson, of Virginia, Mr. Chase, of Maryland, and Mr.
Howell, of Rhode Island, reported a bill for the temporary gov-
ernment of the Northwest territory of the United Stales, one
provision of which was " that, after the year 18U0 of the Chris-
tian era, there shall be neither slavery nor involuntary servitude
in any of the States" to be formed out of said territory. That
bill did not become a law. The whole or nearly the whole of
that, territory had been claimed by the State of Virginia. Pre-
vious to this time she had ceded her right to the confederacy.
Massachusetts had also claimed a part of said territory, and in
April, 1785, she ceded all her right to the confederacy. On the
13th day of July, 1787, Congress passed an ordinance for the
government of the territory northwest of the river Ohio; the
6th article of which provides, " that there shall be formed in
said territory not less than three nor more than five States;"
and the 6lh article declares " there shall be neither slavery nor
involuntary servitude in the said territory, otherivise than in the
punishment of crimes.^'' The delegates from eight States were
present and voted on the final passage of the ordinance ; Jive of
those were slave states, and the vote of every State was nnani-
mous. Maryland, the other slave State, was absent The five
new States provided for in that ordinance, added to the seven
then existing, would make twelve free, to the six slave States,
then in the Union.
For a proposition, which was in effect to give to the confed-
eracy twice as many free as slave States, every delegate from
the five slave States present gave his vote. Under the consti-
GOVERNOR'S ADDRESS. 676
tution of the United States, the ordinance of 1787 is recognized,
and is now in fall force. It would be doing violence to reason
to suppose, for a moment, that, at the time of the passage of the
ordinance of 1787, or the adoption of the constitution of 1789,
any party to either of those great instruments expected or de-
sired that the time would ever come when, by the acquisition
of foreign territory, there should be numerically an ascendency
of slave States in this Union. A proposition looking to such a
result could not have been sustained in the convention which
made the constitution, and a constitution with such a provision
in it could never have received the concurrence of the States.
But what is the state of facts which the history of a little more
than half a century presents to the world? This Union now
consists of twenty-nine States. The original thirteen, six new
free, and four new slave States, formed out of the original ter-
ritory of the United States; one new free and four new slave
States, formed out of territory acquired by treaty since the
adoption of the constitution, and one foreign slave State ad-
mitted into the Union by a joint resolution of Congress — mak-
ing in all, fourteen free and fifteen slave States. During this
progress of things, and the action of the federal government,
which has reversed the relation of the free and slave States in
point of numbers, our southern brethren have not failed to re-
mind us of the north, that the general government has nothing
to do with the subject of slavery or with slaves, and, that to
touch either, in any of the districts or territories of the United
States, would be a palpable violation of the rights of the south.
The people of the free States have been taught by the action
of the national government, invoked by the south to enlarge
the limits and. give security to the institution of slavery, that
that power may be exerted to restrict its limits and abolish its
existence in the districts and territories of the United States,
taking care not to meddle with it within the territory of a
State,
Must they continue forever to lend their aid to the support of
an institution, which they believe to be morally and politically
wrong, and against which the opinions of mankind are concen-
trating with the power of a gathering tempest?
Is it not time for them to resolve calmly, but firmly, that they
cannot consent to the further extension of slavery, or to the
admission of any new slave State into this Union ?
No evil could result from such a restriction, more pernicious
than from an opposite course.
Massachusetts acknowledges with gratitude the benefits
which she, in common with the other Slates, has derived from
the constitution and the Union. She will continue to perform
with scrupulous exactness all the obligations enjoined upon her
by that constitution, and cling to the Union with an undying ,
constancy and fidelity. Her hand will never be raised to insert
or drive the wedge of severance. But she cannot forget, and
576 GOVERNOR'S ADDRESS.
ought not to forget, that, under Providence, the important ele-
ment of her prosperity has been, the ceaseless, diversified and
persevering industry of her population. To labor, contrived
by the heads and performed by the hands, of her freemen, under
the control and influence of her moral, religious, and free insti-
tutions, she mainly owes her present character and standing
among the States of this confederacy.
On this she must rely for her future weal and success. Our
people regard all honest employment as honorable, and look
upon idleness among the rich or the poor, as the prolific pa-
rent of vice. But labor, to be successful, must be intelligent.
Whether standing at the anvil, or following the plough, bending
over the last, or moving among the machinery of the cotton or
woolen mill, in the quiet retreats of agriculture, or in the mart
of commerce ; whether toiling upon the land or upon the sea,
before the mast of the merchantman, or hurling the harpoon
into the whale of the distant Pacific ; whether it is intellectual
or physical, exerted in the field of science, or in the harvest
field, employed in making the telescope in the mechanic's shop,
or using it in the observatory, to measure the distance, or to
ascertain the position of the stars, to be successful, it must be
directed by intelligence. The well-spring of this intelligence
is, and always must be found, for the great mass of our popu-
lation, in the district school-house There form and direction
are given to the character of the boys, who are to be the future
men of the Commonwealth, and to whose keeping will be com-
mitted her future destiny.
I cannot forbear to present to your earnest consideration, as
I have heretofore presented to the consideration of your prede-
cessors, the important subject of popular education.
This subject should be ever present with the people of the
Commonwealth, and with their Legislature. Neither can neg-
lect it without bringing a just reproach upon themselves, and
doing injustice to the rising generation.
In the order of Providence, to each succeeding generation of
men, is committed the education of the children. This is a high
and sacred duty. No generation can perform it but once. It
cannot be omitted without guilt.
Among the ancient Spartans, an old man, who had neglected
to instruct his sons in some useful employment, was not en-
titled to receive the respect of the young men of the Stale when
he came into their public assemblies. Standing among them
with his head covered with gray hair, no one was bound to
rise and give him a seat. In the nineteenth century of the
Christian era, what demonstration of reproach would be too
emphatic and withering for the young men of Massachusetts to
make towards an old man, who, as one of her legislators, had
, neglected to provide for them the means of instruction in the
days of their infancy and childhood 7 Our predecessors have
not incurred the penalty of such a reproach. Colleges, acade-
GOVERNOR'S ADDRESS. 577
mies, and common schools, have been cherished and nurtured
by them from the earHest period of our history. In this re-
spect, Massachusetts has always held a respectable position
among her colonial neighbors and with her sister States.
Though she has been mindful of her duty in this matter, much
remains yet to be done. Her whole duty will not be performed
until every child within her limits shall be made to participate
in the benefits, and enjoy the blessings of at least a common
school education. The number of indigent foreigners who
annually come among us with their families demand our spe-
cial attention. It gives me pleasure to say, that every year
furnishes evidence that our system of education is more and
more diffusing its benefits, and advancing towards the object so
much to be desired.
The Abstract of the Massachusetts School Returns for the
years 1S4.5 and '46, printed imder the standing law of the State,
makes a volume of 36l) pages of important and useful matter.
It presents a mass of facts in an official form, with remarks of
committees upon the condition and character of the schools,
the mode of government, the qualifications of teachers, and the
duty of parents, districts, and towns, in relation to the subject
of education, of great public interest, and highly creditable
to the intelligence, ability, and fidelity of the committees. It
should be studied diligently by all school teachers, and could
be read with profit by all the citizens of the Commonwealth.
The Board of Education, with no pecuniary reward for their
services beyond the payment of their actual expenses, are ex-
erting their best efforts for the improvement of the schools and
the spread of knowledge among the children and youth of the
State. Three Normal Schools, now in successful operation in
diff"erent sections of the State, in beautiful and commodious
edifices, erected by your authority, and in part by your bounty,
are putting forth a most beneficial influence in supplying the
districts with competent and well-qualified teachers. Teachers'
Institutes, approved by legislative wisdom, and sustained by
legislative contributions, are becoming powerful and agreeable
auxiliaries in inspiring the young men and women in the differ-
ent counties with new zeal and energy in the great business of
instructing the young.
Justice to a faithful public officer leads me to say, that the
indefatigable and accomplished secretary of the Board of Edu-
cation has performed, and is performing, services in the cause
of common schools, which will earn for him the lasting grati-
tude of the generation to which he belongs. To increase the
qualifications and elevate the character of the district school
teachers, is an essential object to be gained in this great cause.
To this end, better wages and more permanent employment
ought to be secured to those who are willing to enter upon the
work of instructing. An increasing feeling in the community,
that this should be done, is among the encouraging omens of
578 GOVERNOR'S ADDRESS.
the times. The action of the Legislature of an enhghtened
Commonwealth is usually the exponent of the public sentiment
on the subjects upon which they act. During the last eight
years, one hundred and fifty thousand dollars a year have been
expended iu this Commonwealth in building and repairing
school-houses; making an aggregate, for the eight years, of
one million and two hundred thousand dollars. In 1837, the
amount paid in the State for teachers' wages, for board and
fuel, was less than four hundred thousand dollars. In 1845-6,
the sum paid for these objects exceeds six hundred and twenty
thousand dollars. For educational purposes, our people expend
annually more than a million of dollars. Whether paid in the
form of taxes, or by voluntary contributions, nothing could
furnish better evidence of a wise and prudent foresight, or of
an enlightened philanthropy, than the appropriation of such an
amount of money for the purposes of education. No tax could
be imposed, and in no manner could so much money be ex-
pended, in which every class of people would share so equally
in its iDenefits. The poor receive the priceless treasure of in-
struction and knowledge which, in their misfortune, they have
not the means of acquiring. The rich are amply repaid for all
they expend in the protection which the education of the poor
secures to them against the depredations of ignorance and of
crime. It is the best insurance on property, at the lowest pre-
mium. It is the surest guaranty for the safety and morals of a
community that can be effected. Whilst it saves the expenses
of poor-houses, jails, and penitentiaries, it does what is infinitely
more important. It rescues those unfortunate beings who would
otherwise have been the inmates of those wretched abodes of
• fallen and suffering humanity, and elevates them to the true
condition of moral, intellectual, and immortal beings. That
legislature, or that people, which shall do the most to advance
this cause of civilization, patriotism, and Christianity, may ex-
pect, what is far more desirable than the loudest and longest
applause that ever burst from an excited multitude, the blessing
of God, and the blessing of the poor.
Gentlemen of the Senate and of the
House of Representatives :
The freemen of the Commonwealth have clothed you with
the power of making laws. This is the highest prerogative of
human government. It has been said the character of a people
is known by their laws.
An acknowledged evil in this country, both in the national
and State governments, is too much legislation. It grows, in
part, out of the nature of our free institutions. Each succes-
sive legislative body is composed, to a great extent, of new
members, who are desirous of showing their devotion to their
constituents, by doing something which their predecessors have
MESSAGES. 579
not done. To accomplish this, new laws, or alterations in
existing ones, are proposed. Unless demanded by urgent con-
siderations, both are alike detrimental to the public interest.
Laws well known, and with whose practical operations the peo-
ple have become familiar, though they may not be perfect, are
better for a community than perpetual changes. 'I'hat people
are the best governed who have the fewest and plainest laws.
All laws should, in their terms, be simple and clear, so that
those who are to be bound by them, can easily comprehend and
understand their meaning. To apply them to the endless va-
riety of cases that arise among men, is the business of courts
of justice. The great object and design of a delegated govern-
ment, and the principlel^ which are to direct you in your legis-
lative action, are clearly and beautifully spread out in our own
State Constitution and Bill of Rights.
Elevating yourselves above all narrow, selfish, and party
considerations, I am sure you will enter upon the performance
of your official duties with the noble purpose of consulting and
advancing the interests of the whole people of the Common-
wealth. I shall be ready at all times to concur with you in
any measures having that end in view. Having promptly and
faithfully fulfilled the high trusts committed to you, I hope the
public interest will allow you, at an early day, to meet with
and receive the congratulations of your constituents.
ME S S AGE S
To the House of Representatives :
I herewith transmit, to the Honorable House, for the informa-
tion of the two branches, the following documents received by
me, since the last session of the General Court.
1. Preamble and Resolutions of the Legislature of New
Hampshire, relating to the admission of the State of Texas into
the Union, and the encroachments of the slave power.
2. Resolutions of the Legislature of New Hampshire, in favor
of measures providing for the extinction of slavery in the district
of Columbia ; for its exclusion from Oregon, and other territories
that now, or at any time hereafter, may belong to the United
States: — for the suppression of the domestic slave trade, and for
the limitation of the number of slave States.
3. Resolutions of the Legislature of New Hampshire, in rela-
tion to the protection of all the great and important departments
of our national industry.
680 MESSAGES.
4. Resolutions of the Legislature of Michigan, "relating to
the leasing of Mineral land," within that State.
5. The annual Reports of the Inspectors, Warden, Chaplain,
and Physician of the State Prison.
6. Report of the land agent of the Commonwealth concerning
the settlement of tlie disputed territory question, with the accom-
panying documents.
7. Report of the agent for discharged convicts.
8. Reports of the commissioner of the district of Marshpee,
and of the treasurer of the Herring Pond Indians.
Council Chamber, Jan. 15, 1847,
. m.
To the Honorable House of Representatives :
I herewith transmit, for the information and use of the two
Houses, the report of the commissioners, appointed under the re-
solves of the 16th of April, 1846, "for the erection of a State
Manual Labor School." I commend this able report to the
favorable consideration of the Legislature.
The commissioners state that they have received from a gen-
tleman, who, with a dehcacy as remarkable as his munificence,
withholds his name from the public, ten thousand dollars, to
promote this noble charity. The same liberal and noble-hearted
individual offers to pay five or ten thousand dollars more in
January, 1848, provided the State will pay the same amount,
and provided the commissioners shall be of opinion that such
an amount "can be usefully employed for the school." In com-
municating this report, 1 deem it necessary only to say to you,
in the language of the report itself, that "of the many and
valuable institutions sustained in whole, or in part, from the
public treasury, we may safely say that none is of more impor-
tance, or holds a more intimate connexion with the future
prosperity and moral integrity of the community, than one
which promises to take neglected, wayward, wandering, idle and
vicions boys, with perverse minds and corrupted hearts, and
cleanse, and purify, and reform them, and thus send them forth,
in the erectness of manhood, and in the beauty of virtue, edu-
cated and prepared to be industrious, useful, and virtuous citi-
zens."
Council Chamber, Jan. 15, 1847.
To the House of Representatives :
I transmit to the Honorable House, for the consideration of
the Legislature, a communication from the Secretary of the
Navy of the United States, respecting a cession' to the Federal
Government, of jnrisdiction over a certain tract of marsh land,
situated in the town of Chelsea.
Council Chamber, Jan. 16, 1847.
MESSAGES. 681
To the Honorable House of Representatives :
I transmit to you a communication which I have received
from a committee of the council for the city of Boston ; also, a
printed document relating to the same subject.
The necessity of immediate measures being taken either by
the State or national Legislature, or by both, for the preservation
of this harbor, is quite apparent.
I submit the subject to your consideration, with the hope that
you will do whatever you may be satisfied it is the duty of the
State to do, and that you will think it proper in a suitable way to
bring the subject to the immediate attention of the Congress of
the United States. In addition to the common duty of the gen-
eral government to look after the harbors of the country, they
have a deep interest in the harbor of Boston, arising from the
large sums of money which they have heretofore expended on
their naval and military establishments within these waters.
Council Chamber, Jan. 16, 1847.
To the House of Representatives :
I transmit herewith, to the Honorable House, for the informa-
tion of the two branches, the report of the Adjutant General of
the Commonwealth, for the last pohtical year.
Coujicil Chamber, Jan. 18, 1847.
To the House of Representatives :
I transmit to the Honorable House, for the information and .
use of the two branches, a report of the commissioners appointed
by virtue of the resolve of 1844, chapter 41, to act in conjunc-
tion with commissioners on the part of the State of Rhode Island,
in ascertaining or establishing the true boundary line between
this Commonwealth and that State, from Pawtucket Falls to
Bullock's Neck, together with a joint report of the establishment,
by the commissioners of both States, of a line between Burnt
Swamp Corner in Wrentham and a monument iiiThompson, in
the State of Connecticut, agreeably to authority given by tlie
resolve of 184(3, chapter 115.
Council Chamber, Jan. 20, 1847.
To the House of Representatives :
I transmit herewith to the Honorable House, for the informa-
tion and use of the Legislature, resolutions of the Legislature of
Vermont, relative to slavery and the Mexican War, this day re-
ceived from the governor of that State.
Council Chamber, Jan. 23, 1847.
74
582 MESSAGES.
To the House of Representatives :
I transmit to the Honorable House, for the information and
use of the Legislature, the fourteenth annual report of the trus-
tees of the State Lunatic Hospital at Worcester, with the accom-
panying documents.
Council Chamber^ Jan. 26, 1847.
To the House of Representatives :
I transmit herewith, for the information and use of the Legis-
lature, the report of the commissioners appointed by virtue of
the resolves of 1S46, chapter 128, to examine the position of the
Flats in part of the Harbor of Boston.
Council Chamber, Jan. 26, 1847.
To the Senate and House of Representatives :
The Honorable Senate and House are respectfully informed
that Major General Alpheus Nettleton, of the third division of
the volunteer mihtia, has offered his resignation, which has been
accepted, and he has been honorably discharged, and that the
oiSce of Major General of that division is now vacant.
Council Chamber, Jan. 30, 1847.
To the House of Representatives :
1 transmit herewith to the Honorable House, for the use and in-
formation of the Legislature, a report of the commissioners ap-
pointed under the act of the Legislature of 1846, (chap. 245,) in
addition to " an act to incorporate the Eastern Rail-road Com-
pany, and to an act to incorporate the proprietors of the Nevv-
buryport Bridge." The recommendation, by the commission-
ers, of further legislation on the subject, is respectfully submit-
ted to the consideration of the Legislature.
Council Chamber, Feb. 3, 1847.
To the House of Representatives :
I transmit herewith to the Honorable House, for the use and
information of the Legislature, a report of the commissioners
appointed under authority of a resolve of April 16, 1846, " to
examine the position of the flats, in the harbor of Boston, be-
tween South IJoston and the channel, and lying opposite to the
wharves on Sea and Broad streets," accompanied by "a plan of
the inner harbor of Boston, executed by the United States Coast
Survey, for the commissioners.
Council Chamber, Feb. 6, 1847.
MESSAGES. 683
To the House of Representatives :
I transmit herewith to the Honorable House, for the informa-
tion and use of the Legislature, Resohuions of the State of
Rhode Island and Providence Plantations, received by me this
day, relating to the policy of protection for manufacturing m-
dustry, the sub-treasury system, the institution of slavery, and
the war with Mexico.
Council Chamber, Feb. 17, 1847.
To the House of Representatives :
I transmit herewith to the Honorable House, for the infor-
mation and use of the Legislatuie, joint resolutions of the Gen-
eral Assembly of the State of Missouri, relating to an alleged
invidious distinction between the officers and private soldiers of
the army of the United States.
Council Chamber, March 3, 1847.
To the House of Representatives :
I transmit herewith to the Honorable House, for the informa-
tion and use of the Legislature, a communication from the gov-
ernor of Virginia, with a preamble and resolves of the General
Assembly of that State, relating to the institution of slavery,
audits extension into territory acquired by the United States,
by conquest or negotiation.
Council Chamber, March 20, 1847.
To the House of Representatives :
I communicate, for the information and use of the Legisla-
ture, a " report in part" made by the commissioners appointed
under the resolve of the eleventh of April, 1846, "to inquire
into the condition of the idiots of the Commonwealth, to ascer-
tain their number, and whether any thing can be done for their
relief" Accompanying this report is an interesting document
upon the subject of the school for idiots in Paris.
By the terms of the resolve, the commissioners are to make
their report to the present Legislature. As they have not been
able fully to complete their investigations, I recommend that
provision be made for continuing their powers until the next
session of the General Court.
The report shews the expense of the commission to be incon-
siderable.
Council Chamber, March 31, 1847.
684
LIST
OF THE
CIVIL GOVERNMENT
OF THE
eomtnontDealtl) of Mitf^fi^t'^tifitttUf
AND OFFICERS IMMEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR 1847.
HIS EXCELLENCY
GEORGE N. BRIGGS,
GOVERNOR.
HIS HONOR
JOHN REED,
LIEUTENANT GOVERNOR.
COUNCIL.
JOHN P. BIGELOW,
CHARLES RUSSELL,
JAS. C. STARKWEATHER,
DANIEL N. DEWEY,
EDMUND P. TILESTON,
JESSE MUHDOCK,
JOHN PORTER,
JOHN CHAPMAN,
ABRAHAM R. THOMPSON.
JOHN G. PALFREY,
Secretary of the Commonwealth.
William Tufts, 1st Clerk. Charles W. Lovett, 2d Clerk.
JOSEPH BARRETT,
Treasurer and Receiver General of the CommonwecUth.
Joseph Foster, 1st Clerk. David Wilder, Jr., 2d Clerk
685
SENATE.
WILLIAM B. CALHOUN,
PRESIDENT.
SUFFOLK DISTRICT.
John C. Gray, James Clark,
Thomas G. Cary, George T. Bigelow,
William T. Eustis.
ESSEX DISTRICT.
George Hodges, Jonathan C. Perkins,
Dennis Condry, James Gregory.
John W. Lowe,
MIDDLESEX DISTRICT.
Thomas Emerson, John A. Knowles,
Joseph T. Buckingham, Hobart Spencer,
Calvin Shepard, David Heard.
WORCESTER DISTRICT.
Stephen Salisbury, George Denny,
Calvin Willard, Nahum F. Bryant,
Jason Goulding,
HAMPSHIRE DISTRICT.
Chauncey B. Rising, Levi Taylor.
FRANKLIN DISTRICT.
Zebina Field, Joseph Avery.
HAMPDEN DISTRICT.
William B. Calhoun, Forbes Kyle.
BERKSHIRE DISTRICT.
Thomas A. Bowen, Samuel A. Hulbut.
686 SENATE.
NORFOLK DISTRICT.
Samuel Guild, Truman Clarke.
James Maguire,
PLYMOUTH DISTRICT.
Thomas P. Beal, Welcome Young.
BRISTOL DISTRICT.
Nathaniel B. Borden, Silas Shepard.
Ezekiel Sawin,
BARNSTABLE DISTRICT.
Zeno Scudder, Barnabas Freeman.
NANTUCKET AND DUKES CO. DISTRICT.
Leavitt Thaxter.
CHARLES CALHOUN, Clerk.
W. P. GREGG, Assistant Clerk,
Rev. AUSTIN PHELPS, Chaplain.
MILTON HALL, Doorkeeper.
TILSON FULLER, Page.
687
HOUSE OP REPRESENTATIVES.
EBENEZER BRADBURY,
SPEAKER.
COUNTY OF SUFFOLK.
Boston, William T. Andrews,
Josepli Bellj
Albert Bowker,
Asa Brown,
Ephraim Buck,
Lemuel Capen,
Nathaniel W. Coffin,
Charles E. Cook,
George W. Crockett,
F. B. Crown inshield,
Henry Edwards,
Kimball Gibson,
Joel Giles,
John Green, Jr.
William Hayden,
George E. Head,
Sewall Kendall,
George H. Kuhn,
Frederick W. Lincoln, Jr.
Elija Mears,
Caleb Metcalf,
John P. Ober,
William Palfrey,
William Parker,
Henry Plympton,
Benjamin P. Richardson,
Benjamin Seaver,
Charles B. Shaw,
Benjamin Smith,
Thomas Tolman,
588
HOUSE OF REPRESENTATIVES.
Boston,
Chelsea,
North Chelsea,
Amesbury,
Andover,
Beverly,
Samuel Topliff,
W. R. P. Washburn,
Fletcher Webster,
Charles A. Wells,
William Willett,
Moses Nowell,
COUNTY OF ESSEX.
William Osgood,
William Stevens,
Herman P. Chandler,
Albert Thorndike,
John I. Baker,
Boxford,
WiUiam Lowe,
Bradford,
Danvers,
Henry Fowler,
Elijah W. Upton,
Essex,
Georgetown,
Gloucester,
Bartholomew Ring,
Hamilton,
Haverhill,
Ipswich,
Sylvanus Caldwell,
Lynn,
George Hood,
Cyrus Washburn,
Amos Mower,
Harris 0. Chadwell,
Lynnjield,
Manchester,
John Lee,
Marblehead,
Methuen,
Middleton,
Oliver White,
Newbury,
Newburyport,
Ebenezer Bradbury,
Caleb dishing,*
George Lunt,
Rockport,
Roivley,
John Proctor,
Salem,
Aaron Perkins,
* Caleb Gushing having
resigned, George Lunt was elected to fiU the vacancy.
HOUSE OF REPRESENTATIVES.
589
Salem,
Salisbury,
Saug-vs,
Topsfield,
Wen ham,
West Newbury J
Henry Russell, Jr.
John S. Williams,
Eleazer M. Dalton,
Benjamin H. Silsbee,
Otis P. Lord,
Sewall Boardman,
Joseph C. Batchelder,
Edmund Kimball, Jr.
Acton,
Ashby,
Ashland,
Bedford,
BUlerica,
Boxboro',
Brighton,
Burlington,
Cambridge,
Carlisle,
Charlestown,
Chelmsford,
Concord,
Dracut,
Dunstable,
Framingham,
Groion,
Holliston,
Hopkinton,
Lexington,
Lincoln,
Littleton,
Lowell,
COUNTY OF MIDDLESEX.
Ivory Keyes,
Charles W. Wood,
Gardner Parker,
Joseph Breck,
Samuel Batchelder,
John Sargent,
John S. Ladd,
Henry P. Fairbanks,
Isaac S. Lee,
Charles R. Train,
George S. Boutwell,
Samuel B. Walcott,
Sullivan Burbank,
Daniel S. Richardson,
Lewis R. Winslow,
Joshua Converse,
75
690
HOUSE OF REPRESENTATIVES.
Lowell,
William Schouler,
George A. Butterfield,
Ziba Abbott,
Arnold Welch,
John L. Tripp,
Maiden,
Marlboro\
David Goodale,
Medford,
Gorham Brooks,
Nalick,
Aaron W. San ford,
Newton,
Marshall S. Rice,
Pepperell,
Read'mg,
Daniel Pratt,
Sherburne,
Shirley,
Somerville,
Edward L. Stevens,
South Reading,
Franklin Poole,
Stoneham,
Stow,
Edwin Whitney,
Sudbury,
Reuben Haynes,
Tewksbury,
Townsend,
Levi Warren,
Tyngsboro' ,
Waltham,
Watcrtown,
Wayland,
West Cambridge,
. -
Westford,
Weston,
Wilmington,
John M. Durgin,
Woburn,
COUNTY
OF WORCESTER.
Ashburnham,,
Aihol,
Nathaniel Richardson;
Auburn,
Barre,
James W. Jenkins, Jr,
Berlin,
Seth Rice,
Blackstone,
Bolton,
Boylston,
HOUSE OF REPRESENTATIVES.
691
Brookjield,
Charlton,
Dana,
Douglas,
Dudlry,
Fitchburg,
Gardner,
Grafton,
Hardwick,
Harvard,
Holden,
Hiibbardston,
Lancaster,
Leicester,
Leominster,
Lunenburg,
Mendon,
Milford,
Millbury,
New Bra' n tree,
Northbord,
Northbridge,
North. Brookjield,
Oakham,
Oxford,
Paxton,
Petersham,
Phillipston,
Princeton,
Royalston,
Rutland,
Shrewsbury,
Southboro' ,
Southbridge,
Spencer,
Sterling,
Sturbridge,
Sutton,
Templeton,
Upton,
Uxbridge,
Benjamin Richardson,
Jeremiah B. Luther,
Ebenezer Torrey,
Smyrna W. Bancroft,
Esek Saunders,
Constant Soulhworth,
Samuel D. Greenwood,
Joel Wilder, 2d.
Henry A. Denny,
James Burditt,
Waldo C. Perry,
Benjamin Flagg,
Caleb Maynard,
Jonas Bacon,
John Brooks,
David W. Fletcher,
Webster Johnson,
E. D. Ammidovvn,
Dennis Ward,
Jonas B. Goodnow,
George V, Corey,
John W. Work,
592
HOUSE OF REPRESENTATIVES.
Warren,
Webster,
Weslbord',
West Boylston,
Westminster,
Winchendon,
Worcester,
John W. Tenny,
Lawson Harrington,
Addison Lovell,
Alexander H. Bullock,
P. B. Gilbert,
Daniel W. Lincoln.
Amherst,
Belchertotvn,
Chesterjield,
Cummingtoti,
Easthampton,
Enfield,
Goshen,
Granby,
Greenwich,
Hadley,
Hatfield,
Middlejield,
Northampton,
Norwich,
Pelham,
Plainfield,
Prescott,
South Hadley,
Southampton,
Ware,
Westhampton,
Williamsburg,
Worthington,
Blandford,
Brimficld,
Chester,
Granville,
COUNTY OF HAMPSHIRE.
John Leland,
George B. Woods,
Hiram Steele,
Giles C. Kellogg,
Amos Cone,
Elisha Strong,
William- A. Hawley,
Joseph Carew,
Strong Clark,
Avery Clark,
Asa Parsons,
Erastus Bodman,
COUNTY OF HAMPDEN.
Joseph F. Miner,
HOUSE OF REPRESENTATIVES.
693
Holland^
Longmeadow,
Ludlow,
Monson,
Montgomery^
Palmer,
Russell,
Elbridge G. Fuller,
Loiin Burt,
Artemas H. Whitney,
Alonzo Y. Blanchard,
Soulkicick,
Almon H. Barker,
Springfield,
Henry Morris,
Walter Warriner,
George Dwight,
Timothy W. Carter,
Alfred White,
Tolland,
Wales,
Westfield,
Hiram A. Beebe,
Royal Fowler,
West Springfield,
Edward Parsons,
Hervey Chapin,
Wilbraham,
COUNTY
OF FRANKLIN.
Ashfield,
Bernardsion,
Buckland,
Charlemont,
Coleralne,
Conway,
John Clary,
Deerfield,
Sumner Dunlap,
Erving,
Gill,
Greenfield,
Lucius Nims,
Hawley,
Heath,
Leverett,
Lcyden,
David Mowry,
Monroe,
Montague,
Jonathan Hartwell,
New Salem,
Samuel Putnam,
Northfield,
Orange,
Joel Davis,
Rowe,
594
HOUSE OF REPRESENTATIVES.
Shelbitrne,
Sliutesbury,
Sunderland,
Warwick,
Wendell,
Whately,
Hardin Hemenway,
Ira Draper,
Samuel B. White.
COUNTY OF BERKSHIRE.
Adams,
Alford,
Becket,
Cheshire,
Clarksburg,
Dalton,
Egremont,
Florida,
Great Barrington,
Hancock,
Hinsdale,
Lanesboro\
Lee,
Lenox,
Mt. Washington,
New Ashford,
New Marlboro',
Otis,
Peru,
Pittsjield,
Richmond,
Sandisfield,
Savoy,
Sheffield,
Stockbridge,
Tyringham,
Washington,
West Stockbridge,
WilUamstown,
Windsor,
Sylvander Johnson,
George Millard,
Roswell Pickett,
Cyrus Cleveland,
Henry Dewey,
Gilbert Munson,
Rufus L. Mason,
Charles H. Plunkett,
Isaac M. Taylor,
Alanson Thompson,
Ensign H. Kellogg,
John V. Barker,
Richard Ensign,
John Branning,
William Mather,
Henry W. Taft,
Isaac Latham,
Henry A. Pierce.
HOUSE OF REPRESENTATIVES.
695
COUNTY OF NORFOLK.
Bellingham,
Braintree,
Naaman L. White,
Brookllne,
Canton,
Co/iasset,
Solomon J. Beal,
Dedham,
Edward L. Keyes,
Dorchester,
Eleazer J. Bispham,
Oliver Hall,
Dover,
Ralph Sanger,
Foxboro',
Franklin,
Shadrach Atwood,
Medjield,
Charles C. Sewall,
Medway, '
Warren Lovering,
Milton,
Ncedliam,
Edgar K. Whitaker,
Quincy,
Randolph,
Samuel S. Mann,
Roxbury,
Allen Putnam,
Edward Turner,
Sharon,
Otis Johnson,
Stoughton,
Walpole,
Francis W. Bird,
Weymouth,
Wrentham,
Reuben G. Metcalf.
COUNTY OF BRISTOL.
Attleboro',
Berkley,
Dartmouth,
Dighton,
Easton,
Fairhaven,
Fall River,
George Bacon,
Harvey Claflin,
Ephraim French,
Joseph Gifford,
Benjamin M. Buffington,*
Anthony Shove,
Lincoln Drake,
Nathaniel Church,
George Mandell,
David Perkins,
Benjamin Earl,
Benjamin W. Miller,
Died during the session of the Legislature.
596
Freetown,
Mansfield,
New Bedford,
HOUSE OF REPRESENTATIVES.
Edmund D. Hathaway,
Norton,
Pawtucket,
Raynham,
Rehoboth,
Seekonk,
Somerset,
Swanzey,
Taunton,
Westport,
Ahington,
Bridgewater,
Carver,
Duxbury,
East Bridgewater,
Halifax,
Hattover,
Hanson,
Hingham,
Hull,
Kingston,
Marshfield,
Middleboro\
North Bridgewater,
Pembroke,
Plymouth,
Abraham H. Rowland^
Thomas Kempton,
Willard Nye,
Richard A. Palmer,
Luther Baker,
WilUam D. Bullock,
Calvin Carpenter,
Jonathan Barney,
Seth Presbury,
Alvan Cobb,
Samuel Haskins,
Perry Davis.
COUNTY OF PLYMOUTH.
Jenkins Lane,
Spencer Leonard, Jr.
Jesse Murdock,*
John Savery,
Joseph F. Wadsworth,
Jotham Lincoln,
George Leonard,
Cephas Shaw,
Nahum M. Tribou,
Josiah W. Kingman,
David Bradford,
James Thurber,
* Jesse Murdock being elected to the Executive Council, John Savery was chosen to fill
the vacancy.
HOUSE OF REPRESENTATIVES,
597
Plympion,
Rochester,
Scifuate,
Wareham,
West Bridgewater,
COUNTY OF
Barnstable^
Brewster^
Chatham,
Dennis,
Eastham,
Falmouth,
Harwich,
Orleans,
Provincetown,
Sandwich,
Truro,
WelJfleet,
Yarmouth,
Nathan S. Clark,
Solomon K. Eaton,
Benjamin Savery,
Jonathan Copeland.
BARNSTABLE.
Thomas B. Lewis,
Samuel A. Wiley,
Albert P. Clark,
Oliver A. Nickerson,
William Howes,
Samuel P. Croswell,
Cyrus Weeks,
Thatcher Snow,
Freeman B. Dillingham,
Charles Swift,
Ebenezer Davis,
Robert Y. Paine,
Samuel Matthews.
Chilmark,
Edgartown,
Tisbury,
Nantucket.
DUKES COUNTY.
Samuel Osborn,
Jonathan Luce, Jr.
COUNTY OF NANTUCKET.
Charles W. Storey, Clerk.
Rtv. George Richards, Chaplain.
Benj. Stevens, Sergeant-at-Arms.
Cyrus Chase, Messenger to the Governor and Council,
Alexis Poole, Doorkeeper.
David Murphy, Messenger.
E. W. Palmer, Assistant Messenger.
Timothy Hayes, Page.
76
OtommonbDealt)) of ^annaif^natitu
SECRETARY'S OFFICE, June 10, 1847.
I HERE6T Certify, that the printed Acts, Resolves, «&c., contained in this
pamphlet, are true copies of the originals in this office.
JOHN G. PALFREY,
Secretary of the Commonwealth-
GENERAL AND SPECIAL
OF
1848.
An Act to incorporate the Howard fire Insurance Company. Oh at) 1
BE it enacted hy the (Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, as follows :
Section 1. Oliver M. Whipple, Samuel Lawrence, Wil- Corporation in
liam Fiske, their associates and successors, are hereby ^°Ji,^s'tfiV"for
made a corporation, for the term of twenty years from 20 years.
the passage of this act, by the name of the Howard Fire
Insurance Company, in the city of Lowell, county of Mid-
dlesex, for the purpose of making insurance against losses
by fire, 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.
Section 2. Said corporation may hold any estate, real, Estate, real and
or personal, for the use of said company : jnovided, that personai,jiot
the real estate shall not exceed twenty thousand dollars in 520,000.''
value, excepting such as may be taken for debt, or held as
collateral security for money due to said company.
Section 3. The capital stock of said company shall be Capital stock
fifty thousand dollars, with liberty to increase it to an pO'^^oO/may
t)G incrGcisccI to
amount not exceeding two hundred thousand dollars : jiro- 5200,000; not
vided, that not less than fifty thousand dollars shall be paid '^l?.''!?" ,
.. , -^1 ■ . r ii c^^ ^ • ^50,000 to be
m, as capital, within two years irom the passage of this paidin within
act. [Approved by the Governor, Jan. 31, 1848.] two years.
An Act to increase the Capital Stock of the Lowell Machine Shop. Phnii 2
BE it enacted by the Senate and House of Representa-
lives, in General Court assembled, and by the authority of
the same, as follows :
The Lowell Machine Shop is hereby authorized to in- capital stock
crease its capital stock by adding thereto an amount not "^^y ''« '"■
^rviv '' ° creased to
77
5500,000.
600
1848.-
■Chap. 2—5.
Chap. 3.
Capital stock
may be in-
creased to
;g: 100,000.
exceeding five hundred thousand dollars, and to mvest such
increase in real and personal estate, as may be necessary
and convenient for the purpose for which it has been incor-
porated. [Approved by the Governor, Feb. 5, 1848.]
An Act to increase the Capital Stock of the Ballard Vale Machine Shop.
BE a enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Ballard Yale Machine Shop are hereby authorized
to increase their capital stock by an amount not exceeding
one hundred thousand dollars, and to invest such increase
in real and personal estate, necessary and convenient for
carrying on the business of said corporation. [Approved
by the Governor, Feb. 5, 1848.]
Chap. 4.
Monterey set
off to the south-
ern district in
Berkshire
County, for the
registry of
deeds.
To take effect
on the first day
of May, 1848.
An Act concerning the Registry of Deeds in the town of Monterey.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The town of Monterey, in the county of
Berkshire, is hereby set off to the southern district in said
county, for the registry of deeds, and all deeds, convey-
ances, and other instruments therein, now required by law
to be recorded at Lenox, shall hereafter be recorded in the
office for the registry of deeds, at Great Barrington, in said
district.
Section 2. This act shall take effect on and after the
first day of May, in the year of our Lord one thousand
eight hundred and forty-eight. [ApiJroved by the Goveinor,
Feb. 11, 1848. J
Chap. 6.
Essex Histori-
cal Society, and
Essex County
Natural History
Society, to be
united as a cor-
poration, and to
be called the
Essex Institute.
May hold real
estate, §30,000,
and personal,
^20,000, exclu-
sive of bookS;
&.C.
Horticulture.
An Act to incorporate the Essex Institute.
BE it enacted by the Senate and Hoiise of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. The members of the Essex Historical So-
ciety, and the members of the Essex County Natural His-
tory Society, together with such persons as may hereafter
associate with them, are hereby made a corporation, by the
name of the Essex Institute, with all the powers and privi-
leges, and subject to all the liabilities, contained in the
forty-fourth chapter of the Revised Statutes.
Section 2. Said corporation may hold real estate to the
amount of thirty thousand dollars, and personal estate, ex-
clusive of the books, papers, and articles, in the cabinets of
said corporation, to the amount of twenty thousand dollars.
Section 3. The Essex Institute shall have for its object
the advancement of horticulture, in addition to the objects
1848. Chap. 5—6. 601
for which the Essex Historical Society and the Essex Coun-
ty Natural History Society were incorporated. ^f'ttnisE^
Section 4. All property now owned by said Essex His- cai Society, and
torical Society, and said Essex County Natural History Hisfor'^So"?'
Society, and all property that may accrue to either of said ty^^tobLiongto
societies, shall belong to the Essex Institute. the Essex insti-
Section 5. All donations and bequests which may have "^'
been made to the Essex Historical Society, or to the Essex and bequest",
County Natural History Society, shall accrue to and be- which have
come the property of the Essex Institute, and shall be de- the'tw"o^sode-
voted to the obiects for which such donation or bequest »'es, to accrue
,„ 1 to the institute.
was made.
Section 6. The income from the funds of the Essex Disposition of
Historical Society shall be devoted to the objects of the his- Jte fuXof'the
torical department, and the income from the funds of the two societies
Essex County Natural History Society shall be devoted to "respectively,
the objects of natural history or horticulture: provided, Provided, See.
however, if the said corporation shall at any time be in
arrears in meeting its current expenses, from the sums re-
ceived from annual assessments, the income from the his-
torical funds and the income from the Natural History funds
shall be applied pro rata to meet the deficiency.
Section 7. The treasurer shall keep separate accounts Separate ac-
of the funds which belonged to the Essex Historical So- ^e"" of °he^
ciety, and to the Essex County Natural History Society, funds of the
under the direction of a finance committee, to be appointed ^^^ societies.
at the annual meeting.
Section 8. The library and cabinets of said corporation Library to be
shall be kept in the city of Salem. ^^p^ '° Saiem.
Section 9. The Essex Institute shall be liable for all the The institute to
debts due from the Essex Historical Society and from the h^ "f ""^f '^"J fil'
1-1 /-. TVT 1 TT- ^ • ^ the debts of the
Essex County Natural History Society. two societies.
Section 10. The president of the Essex Historical So- First meeting of
ciety, or the president of the Essex County Natural History |,o^J"o b"'®'
Society, is hereby authorized to notify the first meeting of called,
the Essex Institute by an advertisement thereof, under his
hand, for seven days before such meeting, in any newspa-
per printed in the city of Salem.
Section 11. This act shall take effect from and after its This act to take
adoption by the Essex Historical Society, and the Essex ado*^\ion^b '*the
County Natural History Society, at meetings of the two two^socfeties. '
societies held for that purpose; and all acts inconsistent
with this act shall, after the adoption hereof, be considered
as repealed. [App7'oved by the Gover?ior, Feb. 11, 1848.]
An Act to incorporate the Stoneham Manufacturing Company. Chnn fi
BE it eyiacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows : Corporation in
Section 1. Aaron H. Safford, Amos Hazeltine and Ben- ^^^^f^J!^ ""
jamin F. Brooks, their associates and successors, are hereby rol"on^go"ods.
602 1848. Chap. 6—8.
made a corporation by the name of the Stoneham Manufac-
turing Company, for the purpose of manufacturing cotton
goods in the town of Stoneham, 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.
Estate, real and SECTION 2. Said Corporation may hold real and personal
exceed^'' "°' '° cstate, uecessary and convenient for the purposes aforesaid,
g20o,ooo. not exceeding in amount two hundred thousand dollars.
[Appj^oved hy the Governor^ Feb. 11, 1848. J
r^l nr\ n "^"^ ^^^ *° incorporate the Lancaster Quilt Company.
. * * BE it enacted by the iSe?iate and House of Representa-
tives, ill General Court assembled, and by the aiithority of
the same, as follovjs :
To manufacture Sectio.n I. John Lamsou, William P. Barnard, George
counterpanes, Scavcr, their associatcs and successors, are hereby made a
Lancaster! '" Corporation by the name of the Lancaster Quilt Company,
for the purpose of manufacturing petticoat robes, toilet
covers, and the various descriptions of counterpanes, quilts,
and bed-covers, and all work connected with this branch of
business, and also any other description of cotton goods, in
the town of Lancaster, with all the powers and privileges,
and subject to all the duties, restrictions and liabilities, set
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Real and per- SECTION 2. Said Corporation may hold real and personal
sonai estate, not estate, ucccssary and convenient for the purposes aforesaid,
$200 000. ^^^ exceeding in amount two hundred thousand dollars.
[Apjyrovcd by the Governor, Feb. 11, 1848.]
Chap.
An Act to incorporate the Springfield Car and Engine Company.
BJE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Forthemanu- SECTION 1. Osgood Bradley, Amasa Stone, Jr., and Aza-
facture of cars, xiah Boody, their associates and successors, are hereby made
&cTi^^"lprrng- a- corporation by the name of the Springfield Car and En-
field. . gine Company, for the purpose of manufacturing cars,
steam-engines, and other machinery, in the town of Spring-
field, with all the powers and privileges, and subject to all
the duties, restrictions and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Real and per- SECTION 2. Said corporation may hold, for the purposes
exceedfn^*°' °°* aforcsaid, real estate not exceeding in value one hundred
^150,000", capi- and fifty thousand dollars ; and the whole capital stock of
Ixceed'^'^ "°' ^° ^^^'^ Company shall not. exceed two hundred and fifty thou-
;g2oQ,ooo. sand dollars.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor, Feb. 11, 1848.]
1848. Chap. 9—12. 603
An Act to increase the number of the Justices of the Supreme Judicial ChdV. 9.
Court. -^ '
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section I. The number of Justices of the Supreme Ju- Five justices of
dicial Court shall be five, instead of four, as now provided *''^ '^^ -f- <^°"''*-
by law.
Section 2. This act shall take effect from and after its
pasjiage. \ Approved by the Governor, Feb. 11, 1848.]
An Act in addition to " An Act to establish Teachers' Institutes." Chnn 1 0
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. AYlienever reasonable assurance shall be Teachers' insti-
given to tlie Board of Education, that a number, not less tuies to be held
than fifty teachers of common schools, shall desire to assem- Tion o^f Tfiy'*^^*
ble for ihe purpose of forming a Teachers' Institute accord- teachers of
ing to the uiiicty-ninih chapter of the statutes of the year schools."
eighiepii luiiidred and fortjr-six, the Board of Education
shall appoiiii a time and place for said meeting, in manner
and form as is prescribed in the act aforesaid.
►"-ection 2. Any thing contained in the act aforesaid,
contrary to the provisions of this act, is hereby repealed.
[Apjjrocid by the Governor, Feb. 11, 1848.]
An Act relating to the Charlestown Female Seminary. Ohnn 1 1
BE it enarted by the Senate and House of Representa-
fives, in General Court assembled, and by the authority of
the S'ime, as folloios :
Section I. The Trustees of the Charlestown Female The trustees of
Semniary, are hereby authorized to hold real estate not ex- the Charlestown
cecdiiig thirty thousand dollars in value, to be devoted ary"may hold'""
exclusively lo the piu'poses of education; any restriction real estate not
in tlie "Act to incorporate the Trustees of the Charlestown gsoooo/
Female Scuiuiary," passed on the first day of March, in the
year one ihonsand eight hundred and thirty-three, to the
com rat y, notwithstanding.
Section 2. his act shall lake effect from and after its
passage. [Approved by the Governor, Feb. 14, 1848.]
An Act to repeal "An Act to prevent the destruction of fish in the several r^r -i ^
ponds ill the town of Haverhill." KyllCip, iZ.
HE if oiinrlfd by the Senate and House of Representa-
tin-s in. G(iicrnl f'onrt assembled, and by ihe authority of
till s'liif. lis fiilltnvs :
.'-EcTioN I. An Act entitled "An Act to prevent the de- Act repealed,
struct ion of fish, in the several ponds in the town of Haver-
hill," passed on the seventh day of February, in the year
604
1848.
-Chap. 12—15.
one thousand eight hundred and twenty, is hereby re-
pealed: provided, that nothing contained in this act shall be
so construed as to release or absolve any person or persons
from any liability incurred under, or by any provision of, the
act hereby repealed.
Section 2. This act shall not have the effect to revive
any statute law relating to the subject of the act hereby re-
pealed, and which may have been in force prior to the pas-
sage of the said repealed act.
Section 3. This act shall take effect from and after its
passage. [Ap2iroved by the Governor^ Feb. 14, 1S4S.]
An Act to extend the time for locating and constructing the Peterborough
and Shirk}' Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The time fixed for filing the location, and for
constructing the railroad specified in the sixth section of an
act entitled " An Act to incorporate the Peterborough and
Shirley Railroad Compau)^," approved on the twenty-second
day of March, in the year one thousand eight hundred and
forty-five, is hereby extended beyond the time specified
therein, for the further period of two years.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor^ Feb. 14, 1S4S.J
Chcip. 14, -^^ -^^"^ ^° change the name of the Lowell and Andover Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
Lowell and '^'6 samc, as follows :
Andover Rail- From and after the passage of this act, the Lowell and
ihename^of^ ^ Audovcr Railroad Company shall take, and be known by,
Lowell and the name of the Lowell and Lawrence Railroad Company,
hadcr ^'''* [Approved by the Governor, Feb. 15, 1848.J
Provided, <5*c.
No release of
liabilit}' under
ihe act
repealed.
No former act
on the same
subject to be
revived.
Chap. 13.
'lime for filing
location of road
extended to
March tZA,
1850.
'I imc for com-
pletion of one
track of the
road extended
to March 22d,
1832.
Chap. 15.
For the manu-
facture of col-
ton, woolen,
worsted, and
silk goods, in
SouUi Hadley.
Real estate,
5100,000 in
value.
An Act to incorporate Glasgow Compan)".
BE it enacted by the Senate and House of Representa-
tives, in General Court assemhled, and by the authority of
ihe same, as follows :
Section 1. William Bowdoin. Charles Peck, and George
M. Atwater, their associates and successors, are hereby
made a corporation by the name of Glasgow Company, for
the purpose of manufacturing cotton, woolen, worsted, or
silk goods, severally or unitedly, at South Hadley, with all
the powers and privileges, and subject to all the duties,
restrictions, and liabilities, set forth in the thirtj-eighth and
forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold, for the purpose
aforesaid, real estate to the amount of one hundred thou-
1848. Chap. 15—18. 605
sand dollars, and the whole capital stock of said company capital stock
shall not exceed three hundred thousand dollars. Isoomx^^'
Section 3. This act shall take effect from and after its "
passage. [Approved by the Governor. Feb. 16, IS-IS.]
An Act to establish an additional District, for the administration of Crim- /"'/j/^n, 1(5
inal Law. -c' '
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. For the administration of the criminal law Essex Co. a
in this Commonwealth, the county of Essex shall constitute f^f';"',?'^ ''ifi' r
T 1 ■ . I 11 1 1 T-. T>>- ''"^' lor trial ot
a separate district, which shall be the Eastern District. criminals.
Section 2. The governor, with the advice and consent r.ovemorand
of the council, shall appoint some suitable person, who shall council to ap-
.,. , T ^^, -r>,. , '■ ,. ■ -r-, point ail aitor-
reside in the district, to be District Attorney tor the Eastern nev for the dis-
District, who shall perform the like duties therein, as are "■'<^*-
required, by law, to be performed b)' the other district at-
torneys in their respective districts, and whose tenure of
office shall be the same as that of other district attorneys.
Section 3. The District Attorney, for the Eastern Dis- Salary, csco.
trict, shall receive an annual salary of eight hundred dol-
lars, to be paid to him, out of the treasury of the Common-
wealth, in equal quarterly payments, in full for all services
rendered by him.
Section -1. All acts, or parts of acts, inconsistent here- Repeal of in-
with, are hereby repealed. [Approied by the Governor. ^°'^*'*'^"* ^*^'*-
Feb. 16, 1S4S.]
An Act to increase the capital stock of the Middlesex Conipan\-. Ohcil) 17.
BE it enacted by the Senate and Horise of Representa-
tives, in General Court assembled, and by the authority of
the sa}ne,- as follows :
The Middlesex Company are hereby authorized to in- To increase
crease their capital stock by adding thereto an amount not "/addition'lior
exceeding four hundred and fifty thousand dollars, and to to exceed
invest such portion thereof in real estate as may be neces- 5-i30 ocio.and to
,-r. , , i-iii invest m real es-
sary and convenient tor the purpose lor which they have tate as much as
been incorporated. [Approved by the Governor. Feb. 17. "lavbeuecessa-
1S4S.]
An Act to incorporate the Lenox Iron Works. ^ _ _
BE it enacted by the Senate and House of Represenfa- ^""r*
tives, in General Court assembled, and by the authority of
the same, as follows :
Section]. Oliver Peck, William A. Phelps, James Col- ^ , .
T .1 • • 1 , i 1 To make pig
lins, their associates and successors, are hereby made a cor- andmanufae-
poration by the name of the Lenox Iron Works, for the l^'^^ '"-'" '"
purpose of making pig and manufacturing iron in the town
of Lenox ; and for this purpose shall have all the powers
78
606 1848. Chap. 18—21.
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.
Real and per- SECTION 2. Said Corporation, for the purpose aforesaid,
to"eL^eed ^' "°^ "^^^ ^^^^^ ^^^^ ^^^^ pcrsoual estate not exceeding in value
^200,000. two hundred thousand dollars. [Ajyprovcd by the Governor,
Feb. 19, 1848.]
ChttV' 19» -^^ Act to extend the time for locating and completing the Cape Cod Branch
Railroad.
BE it enacted by the Seyiate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Time for local- SECTION 1. The time fixed for locating and completing the
ing the road ex- railroad Specified in the ninth section of an act entitled, "An
tended to April .r ,^ ^ -, r^ ,t^-, i,-m h
8, 1849. act to incorporate the Cape Cod Branch Railroad Company, '
Time for com- approved on the eighth day of April, in the year one thou-
pieting one track sand eight hundred and forty-six, is hereby extended beyond
April 8, 1349. the time therein specified, for the further time of one year.
When to take SECTION 2. This act shall take eflfect from and after its pas-
effect, sage. [Approved by the Governor, Feb. 19, 1848.]
ChdJ}' 20. -^^ -^^^ '•° incorporate the Sylvic Gas Light Company.
BE it enacted by the Senate ajid House of Representa-
tives, in General Court assembled, a?id by the authority of
the same, as folloiDs :
To manufacture SECTION 1. Benjamin F. Coston, A. Thomas Smith, Am-
gas, and appa- ^rose Lovis, their associates and successors, are hereby
ratus for gas, m , ■ r i r r • ■
Boston. made a corporation, for the purpose of manuiacturing, in
the city of Boston, gas, and apparatus for generating gas,
from rosin, or other substances, under the name of the Syl-
vic Gas Light Company, with all the powers and privileges,
and subject to all the duties, restrictions and liabilities, set
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Real estate, SECTION 2. The Said Corporation may hold, for the pur-
Capitai'stock poscs aforcsaid, real estate, to the value of fifty thousand
not to exceed doUars : and the whole capital stock of said company shall
^' ' ' not exceed two hundred thousand dollars. [Approved by
the Governor, Feb. 23, 1848.]
Chnn 21 '^^ ^^^ *■" in<^°rporate the North Adams Marble and Lime Company.
BE it enacted by the Senate and House of Representa-
tives, ifi Gefieral Court assembled, and by the authority of
the same, as follows :
To quarry and SECTION 1. William McAulcy, Jamcs E. Marshall, Wil-
and mTnufac- ^^^"^ ^' Braytou, their associates and successors, are here-
tureiime, in by made a corporation, by the name of the North Adams
Adams. Marble and Lime Company, for the purposes of quarrying
and finishing marble, and manufacturing lime, in the town
1848. Chap. 21—24. 607
of Adams, 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 Stat-
utes.
Section 2. Said corporation may hold real and personal Estate, real and
estate, necessary and convenient for the purposes aforesaid, P^ersonai, not
not exceeding in amount one hundred thousand dollars. gio6,ooo.
[App}'oved by the Governor, Feb. 23, 1S4S.]
An Act to continue in force " An Act to incorporate the Middlesex Mutual r^i eycy
Fiie Insurance Company." yyflCip, LZ>%
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 to incorporate the Middlesex Mutual Fire Insur- The Middlesex
anceCorapany, passed on the third day of March, in the year firanc'e^om-""
one thousand eight hundred and twenty-six, shall be and re- pany, to con-
main in force for the term of twenty-eight years, from the }ion^unin°M"'^h
third day of March, in the year one thousand eight hun- 3,1882.
dred and fifty-four ; and the said corporation shall be con-
tinued 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 all statutes subsequently passed,
relating to mutual fire insurance companies. [Ap2iroved by
the Governor, Feb. 23, 1848.]
An Act to incorporate the American Peace Society. ChdT) 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 :
Section 1. Samuel Greele, John Tappan, Simon Green- incorporation to
leaf, their associates and successors, are hereby made a pi'onio'e umver-
• 1 1 c 1 . • T^ ^ ■ S3' peace.
corporation, by the name oi the American Peace society,
for the promotion of universal peace, 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.
Section 2. The s^id corporation may take and hold real Estate, real and
and personal estate, the net annual income of which shall exceeTssooo*
not exceed the sum of three thousand dollars. [Approved net annuai'in- '
by the Goverjior, Feb. 24, 1848.] ^^o'"^-
An Act to incorporate the Merchants Mutual Marine Insurance Company. PJifiri 24
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Thomas Macy, Matthew Starbuck, Charles incorporation
G. Coflin, their associates and successors, and all persons Jh,rioanTai)d
who shall become holders of policies of the associates here- insurance
608
1848.-
•Chap. 24—25.
against mari-
time losses, on
tlie mutual
principle, in
Nantucket, for
20 years.
No liability be-
yond the pre-
mium paid or
secured.
No policy to
issue, until in-
surance for
,^500,000 be ap-
plied for.
Investments.
No division
until over
§250,000 in
amount.
How the sur-
plus over
^250,000 may
be divided.
Chap, 25.
Corporation for
sawing and
manufacturing
lumber, &c.,
and furnishing
steam-power
for manufactur-
ing purposes
in Hardwick.
Estate, real and
personal, not to
e.xceed ^25,000.
after, are hereby made a corporation, by the name of the
Merchants Mutual Marine Insurance Company, to be estab-
lished in the town of Nantucket, for the purpose of making
maritime 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 hereby created, to continue for the term of twenty
years, and until all risks then outstanding shall terminate
and be adjusted.
Section 2. No person effecting insurance with said com-
pany, shall be liable in any court, beyond the premium
paid by him or secured to be paid.
Section 3. No policy shall be issued by said company,
until application shall have been made for insurance for the
sum of five hundred thousand dollars.
Section 4. All sums received by or remaining with said
company, shall be invested in such stocks or securities as
are now permitted by law for investments by insurance
companies, 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
exceed that sum, the surplus may be divided among the
parties legally entitled thereto ; and in making such divi-
sion, the assured of the first year, or their 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 ratably and without prefer^
ence. [Apijroved by the Governor, Feb. 24, 1848.]
An Act to incorporate the Hardwick 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 :
Section 1. Joseph Stone, William Mixter, John Paige,
their associates and successors, are hereby made a corpora-
tion, by the name of the Hardwick Steam Mill Company,
for the purpose of pressing palm-leaf hats, sawing and
manufacturing lumber, grinding grain and plaster, and fur-
nishing steam-power for manufacturing and mechanical
purposes, in the town of Hardwick. 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.
Section 2. Said corporation may hold real and personal
estate, necessary and convenient for the purposes aforesaid,
not exceeding, in amount, twenty-five thousand dollars.
[Approved by the Governor, Feb. 24, 1848.]
1848. Chap. 26—28. 609
An Act to incorporate the New England Car Company. CliaV' 26.
BE it enacted by the Senate and Hovse of Rcjjresenta-
tives, in General Court assembled, and by the unthority of
the same, as follows :
Section 1. Fowler M. Ray, Edward Crane, their asso- Corporation for
ciates and successors, are hereby made a corporation, by o'jvarTa.K?"'^
the name of the New England Car Company, for the pur- other carriages,
pose of manufacturing wheels, trucks, springs, cars, and &c '^^i',''^or'|,ear
other carriages, to be used upon railroads, including the ciiariestown or
making of any and every part thereof, from the raw mate- Cambridge,
rial or otherwise, with the right to build, hold, and main-
tain, suitable buildings and machinery for the purpose, and
to carry on the said manufactory in or near the ciiy of
Cambridge or Charlestown, with all the powers and privi-
leges, and subject to all the duties, restrictions, and liabili-
ties, set forth in the thirty-eighth and forty-fourth chapters
of the Re\rised Statutes.
Section 2. The said corporation may hold real and per- Estate, real and
sonal estate, necessary and convenient for the purposes p^^p"'^**'' "°"^°
aforesaid, not exceeding the sum of two hundred thousand ;j2oo,ooo.
dollars.
Section 3. This act shall take effect from and after its When to take
passage. [Apjnoved by the Governor, Feb. 24, 1848. J «^^'<=<='-
An Act to incorporate the Greylock Iron Works. Chrtrt 97
BE it e?iacted by the Senate and House of Re/jresenta-
lives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Lyman C. Thayer, Jabez Hall, and ►'^amuel Corporation for
Gay lord, their associates and successors, are hereby made r*- fining, ifcc.,
a corporation, by the name of the Greylock Iron Works, Adams'. "^""'"
for the purpose of refining and manufacturing wrought
iron, in the town of Adams, and for this purpose shall have
all the powers and privileges, and be subject to all the du-
ties, restrictions, and liabilities, set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may, for the purposes afore- Estate, real and
said, hold real and personal estate, to an anioimt not ex- personal, not
* €'XCPC<I 11(2"
ceeding one hundred thousand dollars. [Approved by the 5100,000.
Governor, Feb. 24, 1848.]
An Act in addition to " An Act to establish a Fire Department in the town nh^n 9P.
of Danvers." U/iOp. -CO.
BE it e?iacted by the Senate and. H nise of Re])resenta-
tives, in General Court assernbleu, and by the authority of
the same, as follotcs :
Section 1. The third section of an act to establi.-,h a Fire-wards in
fire department in the town of Danvers, passed on the p-'i'^^^^** .'° 'le-
tweltth day ot March, in the year one thousand eight him- nnn.i.cr of men
dred and thirty, is hereby so far amended as to authorize ['"■Mrh engine,
■' ' •' but iiol to ex-
610 1848.- — Chap. 28—31.
ceed the number the fire-wards of Said town to determine the number of
faw']"'^'^^'^ ^"^ men which shall be attached to each engine : provided, that
the whole number of men in the department shall not ex-
ceed the number allowed by the provisions of said act.
Repeal of in- SECTION 2. So much of the Said act as is inconsistent
vUionr''"'"' herewith is hereby repealed.
When to take SECTION 3. This act shall take effect from and after its
effect. passage. [Ajyproved by the Governor, Feb. 28, 1848.]
f^hnn OQ ^^ -^^^ ^° provide for the instruction, of Prisoners in Jails and Houses of
U/mjy. ^\J, Correction.
BE it enacted by the Senate and House of Representa-
tives, 171 General Court assembled, and by the authority of
the same, as follows :
County com- SECTION 1. The couuty commissioncrs of the several
missionersio counties in this Commonwealth are hereby authorized, at
provide moral ,.,. . ,, r-i- •
and religious in- their discrctiou, and at the expense of their respective coun-
siruciion for all ties, to provide moral and religious instruction for the pris-
m th'e'ir respe^c'- oncrs coufiued in the jails and houses of correction of their
tive counties, respective counties.
The inspectors SECTION 2. The iuspcctors of prisous in the several coun-
o^T'^^r^""' ties shall cause to be transmitted, in their annual returns to
curred*unde'r"' the governor, a statement of the expense incurred in carry-
thisact. ii^g this act into effect in their respective counties.
Section 3, This act shall take effect from and after its
passage. [Approved by the Governor, Feb. 28, 1848.]
nU Qn -*" ^^"^ ^^ addition to "An Act to incorporate the Proprietors of the Eound
U/lflp. OKJ, Hill Institution."
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 take the SECTION 1. The proprietors of the Round Hill Institution
name of the may take, and shall hereafter be known by, the name of
KoundHill J ' ^^.., TUT- /^ T» "'
Water Cure the Itouud Hill Water Cure Retreat.
Retreat. SECTION 2. The busiucss and purposes of said corpora-
a hos(7ta/for "'^ ^^^"^ shall bc such as are appropriate to a hospital, or retreat,
invalids. for invalids and others.
Inconsistent Section 3. So much of an act entitled "An Act to in-
^ealed°"''^" Corporate the Proprietors of the Round Hill Institution,"
passed on the eighteenth day of February, in the year one
thousand eight hundred and twenty-nine, as is inconsistent
herewith, is hereby repealed. [Approved by the Governor,
Feb. 28, 1848.]
Chap. 31. -All -Act to increase the capital stock of the Agawara Canal Company.
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 :
To increase The Agawam Canal Company are hereby authorized to
capital stock by ° •'^ ■' "'
1848. Chap. 31—32. 611
increase iheir capital stock by adding thereto three hundred adding
thousand dollars ; and to invest such portion thereof in real £^°pf,*J*|„3y b^
estate as may be necessary and convenient for the purpose invested in real
for which they have been incorporated. [Approved by the e^'^*^-
Governor, Feb. 28, 1848.]
An Act to establish the City of Worcester. ChciV 32
BB it eyiacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The inhabitants of the town of Worcester Worcester to be
shall continue to be a body politic and corporate, under the ^ city.
name of the city of Worcester, and, as such, shall have,
exercise, and enjoy, all the rights, immunities, powers and
privileges, and shall be subject to all the duties and obliga-
tions, now incumbent upon, and appertaining to, said town
as a municipal corporation.
Section 2. The administration of all the fiscal, pruden- A mayor, 8 ai-
tial and municipal affairs of said city, with the government g^^ommon*^
thereof, shall be vested in one principal officer, to be styled counciimen.
the mayor ; one council of eight, to be called the board of
aldermen ; and one council of twenty-four, to be called the
common council ; which boards, in their joint capacity, shall
be denominated the city council, and the members thereof
shall be sworn to the faithful performance of the duties of
their respective offices. A majority of each board shall
constitute a quorum for the transaction of business, and no No compensa-
, f ■ 1 ^ Till • i-r tion to members
member of either board shall receive any compensation lor of either board,
his services.
Section 3. It shall be the duty of the selectmen of the Selectmen to
town of Worcester, as soon as may be after the passage of [J^j^'o^g® ^f *°^"
this act, and its acceptance by the inhabitants, as herein- wards.
after provided, to divide said town into eight wards, to con-
tain, as nearly as may be conveniently, an equal number
of inhabitants. And it shall be the duty of the city coun- a revision
cil, once in five years, and not oftener, to revise, and, if it every five years.
be needful, to alter said wards, in such manner as to pre-
serve, as nearly as may be, an equal number of inhabitants
in each ward, having due regard to convenience in other
respects.
Section 4. On the first Monday in March, annually, Ei;ctions,quaii-
there shall be chosen by ballot, in each of said wards, a fiu^ies"of ^war-
warden, clerk, and three inspectors of elections, residents of den, clerk,
the wards in which they are chosen, who shall hold their ^"'^ inspectors.
offices for one year, and until others shall have been chosen
in their places, and qualified to act. It shall be the duty of
such warden to preside at all ward meetings, with the
powers of moderator of town meetings. And if, at any
such meeting, the warden shall not be present, the clerk of
such ward shall call the meeting to order, and preside until
612
1848.-
■Chap. 32.
Their oath.
Warrants for
ward and city
meetings.
Mayor, alder-
men, and com-
mon council-
men, their elec-
tion, duties, and
term of office.
Mayor to hold
office till a suc-
cessor is elect-
ed ; and the al-
dermen, until a
majority of a
new board is
elected.
Proceedings at
meetings for
elections.
Certificates of
election to com-
mon council-
men.
a warden pro tempore shall be chosen by ballot. And if, at
any meeting, the clerk shall not be present, a clerk pro tem-
pore shall be chosen by ballot. The clerk shall record all
the proceedings, and certify the votes given, and deliver
over to his successor in office all such records and journals,
together with all other documents and papers held by him
in said capacity. It shall be the duty of the inspectors of
elections to assist the warden in receiving, assorting, and
counting, the votes. And the warden, clerk, and inspect-
ors, so chosen, shall respectively make oath faithfully and
impartially to discharge their several duties relative to all
elections, which oath may be administered by the clerk of
such ward to the warden, and by the warden to the clerk
and inspectors, or by any justice of the peace for the county
of Worcester. A certificate that the oath has been taken
shall be entered upon the records of the ward, by the clerk
thereof. All warrants for the meetings of the citizens for
municipal purposes, to be held either in Avards or in general
meetings, shall be issued by the mayor and aldermen, and
shall be in such form, and shall be served, executed, and
returned, in such manner, and at such time, as the city
council may, by any by-law, direct.
Section 5. The mayor and eight aldermen, one alder-
man being selected from each ward, shall be elected by the
qualified voters of the city, at large, voting in their respec-
tive wards. And three common councilmen shall be
elected, from and by the voters of each ward, and shall, at
the time of their election, be residents of the wards, re-
spectively, in which they are elected. All said officers shall
be chosen by ballot. The common councilmen shall hold
their offices for one year from the first Monday in April in
each year. The aldermen shall hold their offices until a
majority of the new board shall be elected and qualified in
their places ; and the mayor shall continue in office until
another shall be elected and qualified in his place.
Section 6. On the first Monday in March, annually,
immediately after a warden, clerk, and inspectors shall have
been elected and sworn, the qualified voters, in each ward,
shall give in their votes for mayor, aldermen, and common
councilmen, as provided in the preceding section : all the
votes so given shall be assorted, counted, declared, and re-
corded, in open ward meeting, by causing the names of
persons voted for, and the number of votes given for each,
to be written in the ward record, at length. The clerk of
the ward, within twenty-four hours after such election,
shall deliver, to the persons elected members of the common
council, certificates of their elections, respectively, signed
by the warden and clerk, and by a majority of the inspect-
ors of elections, and shall deliver to the city clerk a copy
of the record of such elections, certified in like manner.
1848. Chap. 32. 613
Provided, however^ that if the choice of members of the P/omo, in case
common council shall not be effected on that day, in any °'^°° election,
ward, the meeting in sucli ward may be adjourned, from
time to time, to complete such election. The board of
aldermen shall, as soon as conveniently may be, examine
the copies of the records of the several wards, certified as
aforesaid, and shall cause the person who shall have been Mayor, how
elected mayor to be notified, in writing, of his election ; but "^o^'^eci.
if it shall appear that no person has received a majority of case of no
the votes, or if the person elected shall refuse to accept the choice,
office, the board shall issue warrants for a new election, and
the same proceedings shall be had, in all respects, as are
hereinbefore provided for the choice of mayor, and, from
time to time, shall be repeated, until a mayor shall be
chosen, and shall accept said office.
In case of the decease, resignation, or absence, of the Case of vacan-
mayor, or of his inability to perform the duties of his office, '"y-
it shall be the duty of the board of aldermen and the com-
mon council, respectively, by vote, to declare that a vacancy
exists, and the cause thereof; and, thereupon, the two
boards shall meet in convention, and elect a mayor to fill
such vacancy, and the mayor, thus elected, shall hold his
office until the inability causing such vacancy shall be re-
moved, or until a new election. If it shall appear that the Proceedings in
whole number of aldermen have not been elected, the same "je eieciion of
proceedings shall be had as are hereinbefore provided, in ^ ^'™®''-
regard to the choice of mayor. Each alderman shall be Aldermen elect
notified in writing of his election, by the mayor and alder- how notified.
men for the time being.
The oath prescribed by this act shall be administered to Oath of office
the mayor by the city clerk, or by any justice of the peace *°'"3>'°'';
for the county of Worcester.
The aldermen and common councilmen elect shall, on the to aldermen
first Monday of April, at ten o'olock in the forenoon, meet councnmen"
in convention, when the oath required by this act shall be
administered to the members of the two boards present, by
the mayor, or any justice of the peace for the county of
Worcester, and a certificate of such oath having been taken
shall be entered on the journal of the mayor and aldermen,
and of the common council, by their respective clerks.
And whenever it shall appear that a mayor has not been Record, &c., on
elected previously to the first Monday of April aforesaid, '"ai'i'-e to elect
the mayor and aldermen, for the time being, shall make a *"'*^°''*
record of that fact, an attested copy of which the city clerk
shall read at the opening of the convention, to be holden as
aforesaid.
After the oath has been administered as aforesaid, the Common coun-
two boards shall separate, and the common council shall l^;^""^ °'^^"* '
be organized by the choice of a president and clerk, to hold
their offices respectively during the pleasure of the common
79
614
1848.-
-Chap. 32.
When mayor
elect is absent
at the time of
organizing.
Mayor pro tem
Duties of
mayor.
Salary of
mayor.
May be com-
missioner of
highways.
council ; the clerk to be under oath faithfully to perform the
duties of his said office.
In case of the absence of the mayor elect on the first Mon-
day of April, or if a mayor shall not then have been elected,
the city government shall organize itself in the manner
hereinbefore provided, and may proceed to business in the
same manner as if the mayor were present ; and the oath
of office may, at any time thereafter, in convention of the
two boards, be administered to the mayor, and any member
of the city council who may have been absent at the organ-
ization.
In the absence of the mayor, the board of aldermen may
choose a presiding officer, y>rw tempore, who shall also pre-
side at joint meetings of the two boards. Each board shall
keep a record of its own proceedings, and judge of the
elections of its own members ; and in case of failure of elec-
tion, or in case of vacancy, declared by either board, the
mayor and aldermen shall issue their warrants for a new
election.
Section 7. The mayor shall be the chief executive offi-
cer of the city. It shall be his duty to be vigilant and
active in causing the laws and regulations of the city to be
enforced, and to keep a general supervision over the con-
duct of all subordinate officers. And he may, whenever in
his opinion the public good may require, remove, with the
consent of the appointing power, any officer over whose ap-
pointment he has, in accordance with the provisions of
this charter, exercised the power of nomination.
He may call special meetings of the boards of alder-
men and common council, or either of them, when, in his
opinion, the interests of the city require it, by causing no-
tices to be left at the usual place of residence of each mem-
ber of the board or boards to be convened.
He shall, from time to time, communicate to both boards
such information, and recommend such measures, as the
business and interests of the city may, in his opinion, re-
quire.
He shall preside in the board of aldermen, and in con-
vention of the two boards, but shall have a casting vote
only.
The salary of the mayor, for the first year in which this
charter shall take effect, shall be eight hundred dollars, and
no more. His salary shall afterwards be fixed by the city
council, and made payable at stated periods, but shall not
at any time exceed twelve hundred dollars, nor shall it be
increased or diminished during the year for which he is
chosen ; and he shall have no other compensation : jwro-
vided, however, that the city council shall have power to
appoint the mayor commissioner of highways, when, in
1848. Chap. 32. 615
their opinion, such an office shall become necessary, and
allow him a suitable compensation therefor.
Section 8, The executive power of said city generally, Executive
and the administration of the police, with all the powers ^ndlid°/rmen°'
heretofore vested in the selectmen of Worcester, shall be
vested in, and may be exercised by, the mayor and alder-
men, as fully as if the same were herein specially enumer-
ated.
The mayor and aldermen shall have full and exclusive Their power of
power to appoint a constable or constables, and a city mar- and°renwvaL
shal and assistants, with the powers and duties of consta-
bles, and all other police officers, and the same to remove
at pleasure. And the mayor and aldermen may require Jiay require
any person, who may be appointed marshal or constable of '^o"'^^.
the city, to give bonds for the faithful discharge of the du-
ties of the office, with such security, and to such amount,
as they may deem reasonable and proper; upon which
bonds the like proceedings and remedies may be had, as
are by law provided in case of constables' bonds taken by
the selectmen of towns.
The city council shall, annually, as soon after their Officers to be
organization as may be convenient, elect by joint ballot, in comlcii.''^ "^'^^
convention, a treasurer and collector of taxes, a chief engi-
neer, a city clerk, and three assessors of taxes, and fix their
compensations. They shall also, in such manner as they
shall determine, appoint or elect all other subordinate offi-
cers, for whose election or appointment other provision is
not herein made, define their duties, and fix their compen-
sations.
All sittings of the mayor and aldermen, of the common
council, and of the city council, shall be public, when they
are not engaged in executive business.
The city council shall take care that no money be paid Payments from
from the treasury, unless granted or appropriated, and shall hoV^TaTdedb
secure a just and proper accountability by requiring bonds, ihe city council.
with sufficient penalties and sureties, from all persons in-
trusted with the receipt, custody, or disbursement of money.
The mayor and aldermen shall have the care and snperin- Mayor and
tendence of the city buildings, and the custody and man- haveTheVare of
agement of all city property, with power to let or to sell city buildings,
what may be legally sold, and to purchase property, real ^"e'J,t'"oTaH^cit
or personal, in the name and for the use of the city, when- property.
ever its interest or convenience may, in their judgment, re-
quire it. And the mayor and aldermen shall, as often as To publish an-
once a year, cause to be published, for the use of the in- "o.^nfoTre-'
habitants, a particular account of the receipts and expendi- ceipsandex-
tures, and a schedule of city property and of the city debts. pc»«^""''es, «&«?•
Section 9. In all cases in which appointments are di- Mayor to nonii-
rected to be made by the mayor and aldermen, the mayor "^'^' '^'
shall have the exclusive power of nomination, being sub-
616
1848-
-Chap. 32.
Exception.
City clerk, also
clerk to board
of aldermen.
Overseers of
the poor.
School commit-
tee.
Power of centre
district in re-
gard to schools
merged.
Assistant as-
sessors.
ject, however, to confirmation or rejection by the board of
aldermen ; and no person shall be eligible to any office of
emolument, the salary of which is payable out of the city
treasury, who, at the time of such appointment, shall be a
member of the board of aldermen, or of the common coun-
cil.
Section 10. The city clerk shall also be clerk of the
board of aldermen, and shall be sworn to the faithful per-
formance of his duties. He shall perform such duties as
shall be prescribed by the board of aldermen ; and he shall
perform all the duties, and exercise all the powers, by
law incumbent upon, or vested in, the town clerk of the
town of Worcester. He shall be chosen for one year, and
until another shall be chosen and qualified in his place, but
may, at any time, be removed by the city council. He
shall deliver to his successor in oflice, as soon as chosen
and qualified, all journals, records, papers, documents, or
other things, held by him in his capacity of city clerk.
Section 11. The qualified voters of each ward, at their
respective annual ward meetings for the choice of officers,
shall elect, by ballot, one person in each ward, who shall
be a resident of said ward, to be an overseer of the poor ;
and the persons thus chosen, together with the mayor, shall
constitute the board of overseers of the poor; and shall
have all the powers, and be subject to all the duties, now
by law appertaining to the overseers of the poor of the town
of Worcester.
And the qualified voters shall, at the same time and in
like manner, elect three persons in each ward, who shall
be residents of the ward, to be members of the school com-
mittee; and the persons thus chosen, together with the
mayor, shall constitute the school committee, and have the
care and superintendence of the public schools ; and all the
rights and obligations of the said town of Worcester in re-
lation to the grant and appropriation of money to the sup-
port of schools, and the special powers and authority here-
tofore conferred, by law, upon the inhabitants of the centre
school district in said town, to raise money for the support
of schools in said district, shall be merged in the powers
and obligations of the city, to be exercised in the same
manner as over other subjects of taxation. And all grants
and appropriations of money, for the support of schools and
the erection and repair of schoolhouses, in said city, shall
be made by the city government, in the same manner as
grants and appropriations are made for other city purposes.
The qualified voters shall, at the same time and in like
manner, elect one person in each ward, who shall be a resi-
dent of said ward, to be an assistant assessor; and it shall
be the duty of the persons so chosen to furnish the assessors
with all necessary information relative to persons and prop-
1848. Chap. 32. 617
erty taxable in their respective wards ; and they shall be
sworn to the faithful performance of their duty.
And the persons to be chosen by the city council, as Assessors.
assessors, shall constitute the board of assessors, and shall
exercise the powers, and be subject to the duties and liabili-
ties, of assessors in towns.
All taxes shall be assessed, apportioned, and collected, in Taxes,
the manner prescribed by the general laws of the Com-
monwealth : j^^ovided, however^ that the city council may
establish further or additional provisions for the collection
thereof.
Shonld there fail to be a choice of overseers of the poor, Of vacancies,
members of the school committee, or assistant assessors, in
any ward, on the day of the annual ward meeting, the
meeting shall be adjourned from time to time, until the
elections shall be completed.
Section 12. The city council shall have the same pow- Concerning
ers in relation to the laying out, acceptance, altering, or ^^l^f^ ^"^
discontinuing of streets and ways, and the assessment of
damages, which selectmen and inhabitants of towns now
have by law; but all petitions and questions relating to
laying out, widening, altering, or discontiiuiing, any street
or way, shall be first acted on by the mayor and aldermen.
Any person aggrieved by any proceedings of the mayor Appeals for
and aldermen, or of the city council, in the exercise of such ''^■"ag^*-
powers respecting streets and ways, shall have the same
right of appeal, by complaint, to the county commissioners
of the county of Worcester, as is given by the laws of the
Commonwealth to appeal from the decisions of selectmen
or the inhabitants of towns.
Section 13. All the power and authority now by law Public health,
vested in the selectmen of the town of Worcester, for the
preservation of the public health, shall be transferred to,
and vested in, the city council, to be carried into execution
in such manner as the city council shall deem expedient.
Section 14. The city council shall have authority to Drains and
cause drains and common sewers to be laid down through ®^^^"-
any streets or private lands, paying the owners such dam-
age as they may sustain thereby, and to require all persons
to pay a reasonable sum for the privilege of opening any
drain into said public drain or common sewer; and also to
require that private drains shall be conducted into the pub-
lic drain or sewer, in any case in which the said city coun-
cil shall judge the same necessary or proper for the cleanli-
ness and health of the city.
And the city council may make by-laws, with suitable inspection of
penalties, for the inspection and survey, measurement and '*^°°'' '^■
sale, of lumber, wood, hay, coal, and bark, brought into
the city for sale, and shall have the same powers as the town
now have in reference to the fire department, and the laws
618
1848.-
-Chap. 32.
City council to
determine the
number of rep-
resentatives in
general court.
Proceedings in
relation to elec-
tion of county,
state, and Uni-
ted States offi-
cers.
Case of no
choice, new
warrant shall
issue.
Lists of voters.
relating thereto, and in reference to the suspension of the
laws for the protection and preservation of useful birds,
and of all other laws the operation or suspension of which
is subject to the action of the town thereon.
Section 15. It shall be the duty of the city council, in
the month of October, annually, to meet in convention, and
determine the number of representatives to be elected to the
general court, by the city, in such year, which shall be con-
elusive. And the number thus determined shall be speci-
fied in the warrant calling meetings for the election of rep-
resentatives.
Section 16. All elections for county, state, and United
States officers, who are voted for by the people, shall be held
at meetings of the citizens qualified to vote in such elections,
in their respective wards, at the time fixed by law for these
elections respectively ; and at such meetings, all the votes
given for said several officers, respectively, shall be assorted,
counted, declared, and registered, in open ward meeting, by
causing the names of all persons voted for, and the number
of votes given for each, to be written in the ward record, at
length. The ward clerk shall forthwith deliver to the city
clerk a certified copy of the record of such elections. The
city clerk shall forthwith record such returns ; and the
mayor and aldermen shall, within two days after every such
election, examine and compare all said returns, and make
out a certificate of the result of such elections, to be signed
by the mayor and a majority of the aldermen, and also by
the city clerk, which shall be transmitted or delivered in the
same manner as similar returns are by law directed to be
made by selectmen of towns.
In all elections for representatives to the general court, in
case the whole number proposed to be elected shall not be
chosen by a majority of the votes legally returned, the
mayor and aldermen shall forthwith issue their warrants
for a new election, conformably to the provisions of the con-
stitution and laws of this Commonwealth.
Section 17. Prior to every election, the mayor and al-
dermen shall make out lists of all the citizens of each ward,
qualified to vote in such elections, in the manner in which
selectmen of towns are required to make out lists of voters;
and, for that purpose, they shall have full access to the as-
sessors' books and lists, and are empowered to call for the as-
sistance of the assessors, assistant assessors, and other city
officers ; and they shall deliver the lists, so prepared and
corrected, to the clerks of the several wards, to be used at
such elections ; and no person shall be entitled to vote
whose name is not borne on such list. And in relation to
the preparation, posting, and correction of such lists, the
mayor and aldermen shall perform the same duties, and be
governed by the same regulations, as are required by law to
1848. Chap. 32. 619
be olDserved by selectmen of towns : p7'ovided, however, that where to be
a list of the voters of each ward shall be posted m one or posted.
more public places in each ward; and provided, further,
that any person whose name shall not be borne on the list
of the ward in which he is entitled to vote, when it shall
be placed in the hands of the clerk of said ward, shall have
the right to have his name entered thereon, at any time R'giit to be
thereafter before the closing of the polls, upon presenting to \^^^ °°* ®
the ward officers a certificate, signed by the mayor or city
clerk, setting forth his right to have his name so entered.
Section 18. General meetings of the citizens qualified to Meetings of cit-
vote may, from time to time, be held, to consult upon the '^®"^-
public good, to instruct their representatives, and to take all
lawful means to obtain redress for any grievances, accord-
ing to the right secured to the people by the constitution of *
this Commonwealth. And such meetings may and shall be
duly warned by the mayor and aldermen, upon the request,
in writing, setting forth the purposes thereof, of fifty quali-
fied voters.
Section 19. For the purpose of organizing the system of First organiza-
government hereby established, and putting the same into e"ijme„^"^ ^°^'
operation in the first instance, the selectmen of the town of
Worcester for the time being shall, on some day in the
months of March or April of the present year, issue their
warrants, seven days at least previous to the day so ap-
pointed, calling meetings of the said citizens, at such place
and hour as they may deem expedient, for the purpose of
choosing a warden, clerk, and inspectors for each ward, and
all other officers whose election is provided for in the pre-
ceding sections of this act ; and the transcripts of the rec-
ords of each ward, specifying the votes given for the sev-
eral officers aforesaid, certified by the warden and clerk of
the ward, at said first meeting, shall be returned to said se-
lectmen, whose duty it shall be to examine and compare
the same ; and in case such elections should not be com-
pleted at the first meeting, then to issue new warrants until
such election shall be completed, and to give notice thereof,
in manner before provided, to the several persons elected.
And at said first meeting, any inhabitant of said ward,
being a legal voter, may call the citizens to order, and pre-
side until a warden shall have been chosen. And at said
first meeting, a list of voters in each ward, prepared and
corrected by the selectmen for the time being, shall be de-
livered to the clerk of each ward, when elected, to be used
as hereinbefore provided.
The selectmen shall appoint such time for the first meet- selectmen
ing of the city council, as they may judge proper, after the s^^" appoint
choice of the city officers as aforesaid, or a majority of the m'ceti'^g. "
members of both boards, not later than the first Monday in
May, in the year one thousand eight hundred and forty-
620
1848.-
■Chap. 32.
Subsequent or-
ganizations as
in sixth section.
By-laws, with
penalties.
Proviso.
Annual town
meeting' sus-
pended.
Case of non-ac-
ceptance of this
charter.
Delivery of rec-
ords, &c., to
city clerk.
City council
may purchase
the property,
&c., of the
eight, and shall also fix upon the place and the hour of said
first meeting; and a written notice thereof shall be sent, by
said selectmen, to the place of abode of each of the city-
officers, chosen as provided in this section. And after this
first election of city officers, and this first meeting for the
organization of the city council, as in this section is pro-
vided, the day of holding the annual elections, and the day
and hour for the meeting of the city council, for the par-
pose of organization, shall remain as provided in the sixth
section of this act.
It shall be the duty of the city council, immediately after
the first organization, to elect all necessary city officers, who
shall hold their offices, respectively, until others shall have
been chosen and qualified ; and at the meetings to be called
as prescribed in this section, for the choice of ward and city
officers, the said inhabitants may and shall also give their
votes for such county officers as are to be chosen, which
votes shall be recorded, certified, and returned, in the man-
ner provided in the sixteenth section of this act.
Section 20. The city council shall have power to make
all such salutary and needful by-laws, as towns, by the
laws of this Commonwealth, have power to make and es-
tablish, and to annex penalties, not exceeding twenty dol-
lars, for the breach thereof, which by-laws shall take effect,
and be in force, from and after the time therein respectively
limited, without the sanction of any court, or other author-
ity, whatever: provided^ however^ that all laws and regula-
tions now in force in the town of Worcester shall, until they
shall expire by their own limitation, or be revised or re-
pealed by the city council, remain in force; and all fines
and forfeitures, for the breach of any by-law or ordinance,
shall be paid into the city treasury.
Section 21. The annual town meeting, in the town of
Worcester, which is required by law to be holden in the
month of March or April, is hereby suspended, and all town
officers, now in office, shall hold their places until this act
shall go into operation ; and in case this charter shall not
be accepted, in the manner and form as hereinafter pro-
vided, then the selectmen shall issue their warrant, accord-
ing to law, for holding the annual town meeting of the in-
habitants, in which all the proceedings shall be the same
as if this act had not been passed.
Section 22. All officers of the town of Worcester, having
the care and custody of the public records, or of any papers
or property belonging to said town, shall deliver the same
to the city clerk, within one week after his entering upon
the duties of his office.
Section 23, The city council shall have authority, and
hereby is fully authorized and empowered, to purchase, in the
name and on behalf of the city, all the property, rights and
1848. Chap. 32. 621
interest of tlie Worcester Aqueduct Company in and to the Worcester
waters of Bladder Pond, now called Bell Pond, and to the p^^^"""' ^'''''■
management and use of the same, together with the land
owned by said company, widi their reservou's, aqueduct, hy-
drants, and whatsoever else the said company have a right to
hold and possess, under their act of incorporation. And the
said Worcester Aqueduct Company are hereby authorized
and empowered to sell and transfer the same to the city of Terms, liabiii-
Worcester, for such consideration as may be agreed upon by such purchase
and between the city council, on the part of said city, and
the said company ; and to make and execute a deed thereof,
by their committee of managers, or a majority of said com-
mittee, for the time being; which deed shall be good and
effectual in law to pass all the property, rights, and interest
of said company, and to vest the same in the city. P7'o-
vided, hoirever, before any such transfer shall be made, the
said aqueduct company, at a meeting duly warned and
convened for that purpose, by a warrant containing an ar-
ticle to that effect, shall, by a majority of votes given in at
such meeting, consent to such sale and transfer. And upon
such sale and transfer being made, as aforesaid, and the
deed thereof being recorded in the registry of deeds for the
county of Worcester, all the property, rights, and interest
of the said company shall be and vest in the said city; and
thereupon the said city shall succeed to, and have, possess,
and enjoy, and may exercise all the control and direction
over said property which it may rightfully do over other
city property. And the city council shall have the same
power to provide for the management, preservation, and
use of said aqueduct, and shall have the same care, custo-
dy, and management of the property thus transferred, and
shall possess and exercise the same powers, in respect to
said aqueduct, and the uses thereof, and in all things re-
lating thereto, which were granted to said company, by a
law of the Commonwealth, entitled "An Act to incorporate
the Worcester Aqueduct Company," passed on the twenty-
eighth day of February, in the year one thousand eight
hundred and forty-five; and the power and authority over
said property, and all the powers and privileges, rights and
obligations, created by said act, whether to be exercised by
the corporation of the Worcester Aqueduct Company, at
meetings provided for in said act, or by the committee of
managers, appointed pursuant thereto, shall be vested in,
and exercised by, the city council, and by such officers as
the said council may appoint for that purpose. And the
same penalties and forfeitures shall be incurred, for mali-
ciously defiling or corrupting the waters which supply said
aqueduct, or maliciously injuring said aqueduct or any of
its appurtenances, and the same remedy had by the city of
Worcester, as are provided, in the eleventh section of the
80
622
1848.-
-Chap. 32.
Police Court.
Jurisdiction.
Appeals.
In complaints,
offence liow to
be set forth.
Writs and
warrants.
act aforesaid, for the said town of Worcester and the said
aqueduct company. And the said city shall be under, and
subject to, the same liabilities as are provided for in the
tenth section of the act aforesaid.
Section 24. There is hereby established, within and for
the said city of Worcester, a police court, to consist of one
learned, able, and discreet person, to be appointed by the
governor and council, pursuant to the constitution, to take
cognizance, and have exclusive jurisdiction of all crimes,
ofiences, and misdemeanors committed in said city, whereof
justices of the peace may now, or hereafter, legally take
cognizance, and of all ofiences against the by-laws and reg-
ulations which may be established by the city council of
the said city of Worcester, or shall be in force in said city.
The court hereby established shall hear and determine all
suits, complaints, and prosecutions cognizable by it, in like
manner as is provided, by law, for the exercise of the pow-
ers and authority which now are, or may hereafter be,
vested in justices of the peace, and shall do all acts neces-
sary to, and consistent with, such powers and authority.
And said court shall also have original jurisdiction of all
civil suits and actions, of which justices of the peace in
said county may or shall have cognizance, in concurrence
with said justices. An appeal shall be allowed from all or-
ders, decrees, and judgments in said court, in like manner,
and to the same extent, that appeals are now allowed by
law from orders, decrees, and judgments of justices of the
peace. And the justice of said court shall not be attorney,
or of counsel to any party, in any matter or thing whatso-
ever which may be pending in said court.
In all prosecutions by complaint before the said police
court, founded on the special acts of the legislature, or the
ordinances and by-laws of the city of Worcester, it shall
be sufficient to set forth, in such complaint, the offence,
fully and plainly, substantially and formally; but it shall
not be necessary to set forth such special act, by-law, or
ordinance, or any part thereof; and the provisions of this
section, with regard to such prosecutions, shall also apply
to all prosecutions, founded on the by-laAvs or ordinances of
the town of Worcester, which may remain in force after
this act shall go into operation.
Section 25. All writs and warrants issued by said court,
or by any justice of the peace within said city of Worces-
ter, in all matters and cases whereof said police court, by
this act, has exclusive jurisdiction, shall be made returna-
ble, and be returned, before said court; and if any writ or
warrant shall be issued by any justice of the peace, return-
able before said court, the lawful fees payable therefor shall
not be allowed or paid to said justice, unless it shall appear,
on examination or hearing before said court, that there was
1848. Chap. 32. 623
just or reasonable cause for his issuing said writ or warrant,
in which case, such fees, costs, and charges, shall be al-
lowed and taxed, in like manner as if such writ or warrant
had been issued by said justice of the peace, according to
the laws now in force.
Section 26. It shall be lawful for the justice of said Power of police
court, at his discretion, to discharge any person from im- charg^^f.'J,'^"
prisonment, who shall have been confined, under sentence imprisoument.
of any court, for three months, or more, for non-payment
of fine and costs, or either of them, when it shall be made
to appear to him that such person is unable to pay said fine
and costs.
Section 27. The justice of said police court, in addi- Justice to act
tion to the services hereinbefore assigned to him, shall ex- ^^'^^^ ■
ercise and perform the duties of clerk of said court, and
shall tax all bills of cost, and receive all fines and penal-
ties, and shall receive and keep a true and faithful account
of all fees taxable by law in said court, in all cases, and
concerning all matters and things, concerning which, by
this act, he has exclusive jurisdiction, other than in civil
suits between private parties; and shall exhibit, in the To render an
month of October of each year, to the board of accounts ^^°^y^^l.
hereinafter established, a particular account of all sums of ceived.
money by him received, other than in such civil suits and
actions, as such clerk; and shall tax and exhibit all bills of
cost for witnesses in criminal examinations and prosecu-
tions, in the same manner that justices of the peace are
now, by law, required to do. And the said clerk shall pay To pay over
over to the city treasurer, immediately after his account |'^^'^^"^''^^^^^'°*^''-^
shall be examined and certified by said board of accounts,
the balances, if any, which may appear to be due from
him, after deducting the sum which he is hereinafter au-
thorized to retain for his own use ; and the accounts so ex-
hibited, from time to time, shall be recorded by the city
treasurer, in a book to be by him kept for that purpose,
when the same shall be exhibited to him, with the certifi-
cate of allowance thereof, as aforesaid, by the justice of
said police court ; and the said accounts shall be filed and
safely kept by said treasurer. The justice of said police To give bond
court shall give bond, with a surety or sureties, to the ac- ^^'^'^'■''•
ceptance of the mayor and aldermen of the city, and in
such penalty as they shall determine, for the faithful per-
formance of the duties of his ofiice, as clerk.
Section 28. The justice of the police court shall be en- Thejusticeto
titled to retain, for his own use, out of all moneys received '■^^^'." Ssoofor
by him, in each year, for fees, fines, and penalties, afore- dered, brsides
said, the sum of eight hundred dollars, in full competisa- fees in certain
' ^ o 7 I Civil suits.
tion for all services assigned to him by the provisions of
this act, other than in civil suits and actions ; and, in addi-
tion thereto, shall be entitled to receive, and retain to his
624
1848. Chap. 32.
A court to be
held two days
in each week
for criminal
trials ;
and one day
in each month
for civil suits.
Clerk of the
courts in
Worcester
County, and the
county treas-
urer, to be a
board of ac-
counts.
Their compen-
sation.
Concerning
suits, com-
plaints, &c.,
pending.
Justice to re-
turn processes,
&c., to other
courts.
own use, his fees, taxable by law, in such civil suits and
actions, of which he has jurisdiction, as may be brought
before him. And any balance of fees, fines, and penalties,
which by this act are to be accounted for, over and above
the said sum of eight hundred dollars, shall, immediately
after the account thereof shall have been audited, be paid
by the justice of said police court to the city treasurer.
Section 29. A court shall be held by said justice, in
some suitable and convenient place, to be provided at the
expense of said city, on two several days of each week,
and as much oftener as may be necessary, to take cogni-
zance of crimes, offences, and misdemeanors, and all vio-
lations of the by-laws, and regulations, and ordinances of
the city, of which said police court may have jurisdiction,
and on one day in each month, and as much oftener as
may be necessary, for the trial of such civil suits and ac-
tions as may be brought before it. And the justice of said
police court shall, from time to time, establish all necessary
rules for the orderly and uniform conducting of the busi-
ness of said court, both civil and criminal.
Section 30. The clerk of the courts of Worcester Coun-
ty, and the county treasurer of said county, shall be, and
hereby are, constituted a board of accounts, and shall meet
in the month of November in each year, and as much
oftener as may be necessary ; and, when so assembled, shall
have power, and it shall be their duty, to adjust, liquidate,
examine, and allow, all bills of cost, accounts, and charges,
which maybe made, ot may arise, in the course of proceed-
ings in said police court; and the said board shall certify
that said accounts, charges, and expenses have been ex-
amined and allowed by them; and a certificate of such
examination and allowance shall be endorsed on the ac-
counts exhibited to said board, and shall be addressed to
the public officer to whom such charges, fees, and expenses,
may be payable by law. The members of said board of
accounts shall be entitled to receive, out of the treasury of
said city of Worcester, the sum of three dollars, for each
and every day which shall be devoted to the duties hereby
assigned to them.
Section 31. All suits, complaints, actions, and prosecu-
tions, which shall have been instituted, and which shall be
pending before any justice of the peace in the county of
Worcester, at the time when this act shall take effect, or
which shall be so instituted before a police justice shall be
duly appointed and qualified under this act, shall be pro-
ceeded in, heard, and determined, as though the same had
not been passed.
Section 32. The justice of the police court shall make a
return to the several courts of all legal processes and of his
1848. Chap. 32—33. 625
doings therein, in the same manner as justices of the peace
are now, by law, required to do.
Section 33. There shall be appointed by the governor Two special
and council, pursuant to the constitution, two special i us- justices of po-
•» liC6 Court
tices of said court, who shall hold their offices for the same
time, and by the like tenure, as the justice of said court;
and whenever it shall happen, that the justice of said court
shall be a party, or interested, in any suit or prosecution
cognizable by said court, or be akin to either party therein,
or shall, from any other cause, be unable to attend said
court, or to hear and determine any matter or thing pend-
ing therein, the cause shall be assigned on the record, and
the court may and shall be held, and its jurisdiction be ex-
ercised, by one or both of said special justices. And said
special justices shall be paid, for the services herein re- Their compen-
quired of them, by said justice, out of the sum he is herein- ^^^'°"-
before authorized to retain for liis own use, such compensa-
tion as justices of the peace Avould be entitled to, for the
same services.
Section 34. All such acts, and parts of acts, as are in- Repeal of in-
consistent with the provisions of this act, shall be, and the ^^'sistent acts,
same are, hereby repealed.
Section 35. Nothing contained in this act shall be so Legislature
construed as to prevent the legislature from altering or '"^>' ^''fj^ ""^ .
r o o amend this act.
amending the same, whenever they shall deem it expedient.
Section 3C. This act shall be void, unless the inhabit- This act to be
ants of the town of Worcester, at a legal town meeting fo^P'^^' ij'^ ^^f
called for that purpose, shall, by a vote of a majority of the void,'
voters present, voting thereon by a written ballot, deter-
mine to adopt the same, within twenty days from and after
its passage; at which meeting the polls shall be kept open
not loss than six hours; and the selectmen shall preside in
said meeting, and, in receiving said ballots, shall use the
check lists, in the same manner as they are used in elec-
tions for state officers.
Section 37. This act shall go into operation from and
after its passage. [Approved by the Governor, Feb. 29,
1S4S]
An Act in addition lo "An Act for supplying the city of Boston with Pure /^7,^„ qq
Water." ^tiap. HO.
BE it enacted by the Senate and Hoitse of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Nothing in the ninth section of the act, to which this is city council of
an addition, shall be construed to prohibit the city council ii"*'on may
r»i ■. c n ^ r 1-. 1 /■ 1 make lempora-
ot the City ot tsoston, irom making temporary loans lor the ry bans, to be
purposes therein set forth, to be redeemed within five years redeemed wiih-
by the " Boston Water Scrip :" provided, that the amount of "he ''Bostmi ^
said scrip shall in no case exceed the amount named in the ^Vaier Scrip."
said section. [Approved by the Governor, Feb. 29, 1848. J
626 1848. Chap. 34—36.
QJldf) 34 An Act in relation to the Fitchburg and Worcester Railroad Company.
BE it enacted by the Senate and Hovse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follotos :
Fiiiiigof loca- Section 1. The time for the tihng of the location of the
tion of Fitch- Fitchburff and Worcester Railroad is hereby extended to
burff and 111 r t -i • 1 1 i-i
Worcester R.R. the Sixteenth day of April, in the year one thousand eight
exiended^to 16th hundred and forty-nine.
^"' ' Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, Feb. 29, 1848.]
OhflT) 35 "^"^ "^^^ regulating the election of Electors of President and Vice-President
-T • • of the United States.
BE it enacted by the Se?iate and Honse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Electors of SECTION 1. The Selectmen of the several towns in this
president and Commonwealth shall, in the manner prescribed by law for
to'^be^'chosen on notifying towii mcetiiigs, cause the inhabitants of their re-
the Tuesday spcctivc towus, qualified to vote for representatives in the
next after the ^ , . , ^ , , .i n- i ». ^» . l
first Monday in general court, to assemble, ou the 1 uesday next after the
November en- flrst Monday in the month of November, of the year when
^"'"^" the election of president and vice-president is to be made,
and give in their votes for the whole number of electors to
which this Commonwealth is entitled.
Elections in SECTION 2. lu the scvcral cities in this Commonwealth,
cities to^conform ^j-^g gg^jj elections shall be holden in conformity with the
acts establishing said cities, and the several acts in addition
thereto; but the same shall be holden at the time directed
in the preceding section.
Inconsistent SECTION 3. All acts, or parts of acts, inconsistent here-
oeaied^*' ' ^^' with, are hereby repealed. [Approved by the Govei'nor,
^ ' Feb. 29, 1848. J
ChciV' 36. ^'^ ^^"^ *° incorporate the town of West Erookfield.
BE it enacted by the Senate and Honse of Representa-
tives, in General C dirt assembled, and by the authority of
the same, as follows :
West Brooii. SECTION 1. All that part of the town of Drookfield, in the
fieW anew coQuty of Worcester, which lies westerly of the line herein-
after described, is hereby incorporated into a separate town,
by the name of West Brooktield; and the said town of
West Brooktield is hereby vested with all the powers, privi-
leges, rights, and imminiities, and shall be subject to all the
duties and requisitions, to which other towns are entitled
and subjected by the constitution and laws of this Common-
wealth. The dividing line between the two towns shall be,
Boundaries. and the sauie is hereby established, as follows: — Beginning
at the north end of said line, at a town monument between
Brookfield and North Brookfield; thence south, eighteen
1848. Chap. 36. - 627
and three fourths degrees west, thirty-one rods and twenty-
two links, to a stake and stones ; thence south, eighty-six
degrees west, twenty-four rods; thence north, eighty-four
and three fourths degrees west, ten rods and eighteen Jinks ;
thence south, fifty-six and three fourths degrees west, seven-
teen rods and five hnks; thence south, fitty-four degrees
west, fifteen rods and twenty-three links; thence south,
sixty-nine and one third degrees west, fourteen rods and
twenty-two links; thence south, seven degrees west, nine-
teen rods and seven links; thence south, twenty-four and
one fourth degrees west, nine rods and nine links; thence
north, fifty-six and one fourth degrees west, twelve rods ;
thence north, fifty-two and three fourths degrees west, six-
teen rods ; thence south, nine degrees west, sixty-six rods
and twenty links; thence south, fifteen degrees west, sixty-
six rods and twenty links ; thence south, nine degrees west,
seventeen rods and seventeen links ; thence south, eighty-
two and one half degrees west, fifteen rods and three hnks;
thence south, five and one half degrees east, fifty-nine rods
and seven links, thence south, forty-nine degrees west,
eighteen rods and twelve links ; thence south, thirty-three
and one half degrees west, eight rods ; thence south, ten
and one half degrees east, seven rods and four links ; thence
south, thirty degrees east, seven rods and four links ; thence
south, fifty-three and one half degrees east, nine rods and
thirteen links: thence south, thirty-four degrees west,
twenty-six rods and thirteen links ; thence south, seventy-
five and three fourths degrees east, nine rods and twenty
links; thence south, nine and one fourth degrees west, three
rods; thence south, seventy-four degrees east, sixteen rods;
thence south, twenty and one fourth degrees west, one
hundred and twenty-nine rods to the north bank of the
river; thence southerly to the middle of the river; thence
down the middle of the river, to a point opposite the corner
of land of Reuben Blair and the Brigham farm, lying on
the southerly side of said river; thence southerly to said
corner; thence south, thirty-three and one fourth degrees
west, one hundred eighty-five rods and fifteen links ;
thence north, sixty-eight and three fourths degrees west,
thirty-three rods and twenty links ; thence south, sixteen
degrees west, two hundred thirty-six rods and twenty links ;
thence south, sixty-seven and three fourths degrees east,
thirty-two rods; thence south, seven degrees west, three
rods ; thence south, seventy degrees east, sixteen rods and
eight links ; thence south, seventeen degrees west, forty rods
and two links ; thence south, eighty-four and three fourths
degrees west, seven rods and fifteen links; thence south,
three and one fourth degrees west, twenty-six rods; thence
south, eighty-five and one half degrees west, twenty-five
rods and thirteen links; thence north, seventy and three
628 1848. Chap. 36.
fourths degrees west, twenty-eight rods and eighteen links ;
thence north, eighty-six and one half degrees west, twenty-
eight rods and five links ; thence south, twelve rods ; thence
south, twenty-nine and one half degrees west, forty-four
rods and fifteen links ; thence south, seventeen and one half
degrees west, fifty-five rods and fourteen links; thence
south, seventy-five and one half degrees east, ninety rods ;
thence south, thirteen and one third degrees west, eighty-
eight rods and twenty-two links; thence north, seventy-five
degrees west, sixty-one rods and twenty links; thence south,
nineteen and three fourths degrees west, eighty rods; thence
south, forty and one half degrees east, seventeen rods ;
thence north, twenty-five degrees east, twenty-three rods
and fifteen links; thence south, eighty degrees east, fifty-
four rods and ten links ; thence south, thirteen and one third
degrees west, one hundred twenty-seven rods and five links ;
thence north, sixty-five degrees west, sixty-eight rods and
ten links; thence south, sixty -two degrees west, eleven rods
and twelve links ; thence north, forty-nine degrees west,
five rods and nine links; thence north, sixteen degrees west,
twelve rods; thence north, sixty-one and one half degrees
west, forty-two rods and twenty links, to a point on the
town line between said Brookfield and Warren.
Taxes, debts, SECTION 2. The inhabitants of West Brookfield shall be
sonar^ro en' ^oldeu to pay, to the collector of Brookfield, all arrears of
and^scJiW^iKj, taxcs legally assessed on them in the said town of Brook-
how disposed of. ggj(j before the passage of this act, and also shall be holden
to pay their proportion of state and county taxes that may
be assessed upon them previously to the taking of the next
state valuation, said proportion to be ascertained and deter-
mined by the town valuation of the town of Brookfield,
next preceding the passage of this act ; and the said town
of West Brookfield shall be holden to pay one half of the
debts due and owing from the town of Brookfield at the
time of the passage of this act, and shall be entitled to re-
ceive one half of all corporate personal property, except as
hereinafter provided, and all assets, now owned by said town
of Brookfield ; and the town of West Brookfield shall be
entitled to receive one half of the school fund belonging to,
or receivable by, the town of Brookfield.
Poor-farm and SECTION 3. The poor-farm belonging to the town of Brook-
the ^Tor"'"' °^ ^®^^' ^^^^'^ remain and continue to be the property of the town
16 poor. ^^ Brookfield, together with all the personal property on, or
attached to, said farm. And the said town of Brookfield shall
support, during their lives, the following-named persons,
provided the same shall continue to be paupers and require
support, to wit : Joseph Porter, Simeon Johnson, David
Snow, Eleanor Gilbert, Abagail Staples, Solon Phipps, Han-
nah Lawrence, Martha Richardson, Elizabeth Hobbs, Har-
riet Richards, Sally Forbes, Sally Parker, Huldah Wood,
Mary Walker, Mary Ward, Esther Jennings, Sally Thomas,
1848. Chap. 36. 629
Abagail Paddock, John Lindley, William Richardson, Emily
P. Morse. And the said town of West Brookficld shall pay
to the town of Crookfield the sum of twenty-five cents per
week for the support of each of said persons, respectively,
so long as they shall severally live, whether they shall con-
tinue paupers or otherwise. And the town of Brookfield shall
hereafter support Ruth Henshaw, a pauper, and the town of
West Brookfield shall support Harriet Carey, a pauper, so
long as they shall respectively require support. The towns
of Brookfield and West Brookfield shall be respectively
liable for the support of all other persons who now do, or
hereafter shall, stand in need of relief as paupers, whose
settlement was gained by, or derived from, a residence with-
in their respective limits.
Section 4. If the county commissioners shall, within Concerning
two years, order the construction of the road which has fjfaMro'aVd^*^*
been located from Ware to West Brookfield depot, and the pois, &c.
road which has been located from Fiskdale to South Brook-
field depot, or of either of said roads, as the same are loca-
ted, or so altered as not to increase the expense, the towns
of Brookfield and West Brookfield shall each pay one half
the expense of said road or roads.
Section 5. The town of West Brookfield shall continue For election
to be a part of the town of Brookfield, for the purpose of ^XandWcs^
electing a representative to the general court, state officers, Brookfield to
senators, representatives to congress, and electors of presi- ngxtTe^nsus ^'"
dent and vice-president of the United States, until the next
decennial census shall be taken, in pursuance of the thir-
teenth article of amendment of the constitution ; and all
meetings for the choice of said officers shall be called by the
selectmen of the town of Brookfield, in like manner, and in
the same places, as heretofore called ; and the selectmen of
West Brookfield shall make a true list of all persons in
said town qualified to vote at every such election, and shall,
ten days at least before the day of every such election, de-
liver the same to the selectmen of Brookfield, to be used by
them in the same manner, for such elections, as if prepared
by themselves.
Section 6. Any justice of the peace, within and for the First meeting
county of Worcester, is hereby authorized to issue his war- ^''^^'^''°^® °^
rant, directed to any principal inhabitant of the town of West how to be '
Brookfield, requiring him to notify and warn the inhabitants warned,
thereof, qualified to vote in town afi'airs, to meet at the time
and place therein appointed, for the purpose of choosing all
such town oflicers as towns are by law authorized and re-
quired to choose, at their annual meetings; and such jus-
tice, or, in his absence, such principal inhabitant, shall
preside till the choice of a moderator in said meeting.
Section 7. This act shall take effect from and after its
passage. [Approved by the Governor^ March 3, 1848.]
81
630 1848. Chap. 37.
ChCfD 37. ^^ ^^"^ ^° authorize the City of Boston to construct a Temporary Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Boston may SECTION 1. The city of Bostoii is hereby authorized to
raUroad ft'om'^ locate and construct a branch railroad, from some conve-
the Old Colony nicnt point on the Old Colony Railroad, in Boston, on the
d^'flTts h "^^ south-westerly side of the turnpike, so called; thence run-
bridge over ning across the marshes and flats, and over South Bay, by
South Bay. g^ suitable bridge, to the flats belonging to the said city, and
lying between the easterly line of Front Street and the sea-
wall lately erected by the said city, with power, from time
to time, as convenience may require, to locate branch tracks
thereupon, for the purpose of filling up or grading any
streets, passage-ways, or lands, in that vicinity, situate
easterly of Washington Street; and for the purpose afore-
said, the said city of Boston shall have all the powers and
privileges, and be subject to all the duties, liabilities, and
restrictions, set forth in the forty-fourth chapter of the Re-
vised Statutes, and in that part of the thirty-ninth chapter
of said statutes relating to railroad corporations, and in all
statutes which have been, or shall be hereafter, passed re-
lating to railroad corporations; excepting, however, that
the said city shall not be required to make any annual re-
port to the legislature, unless hereafter specially directed so
to do.
To be connect- SECTION 2. The Said branch railroad may be connected
edwiihoid with the Old Colony Railroad, upon such terms and con-
Colony Kail- ,.. ,-' ii i -i- /-t-.
road. ditions as may be agreed between the said city of Bos-
ton and the Old Colony Railroad Company ; and the said
branch railroad, and also all branch tracks therefrom that
When to be re- may be constructed under this act, shall be removed within
moved. q^^^ years from the first day of February, in the year one
thousand eight hundred and forty-eight; and all piles not
taken up, shall be cut off at least six feet below the surface
of the mud.
Bridge over SECTION 3. The Said city of Boston shall cause the
U)°be'c^nstrucu bridge, hereby authorized, to be constructed with convenient
ed. draws over the channel of South Bay, to be at least thirty
feet wide, and with suitable piers, at the expense of said
city, and shall maintain and tend the same, so as to aff'ord
all reasonable and proper accommodation for vessels having
occasion to pass by day or night through the same; and, to
improve the channels on said South Bay, the said city shall
remove from each channel at least twelve thousand eight
hundred cubic yards of mud or earth, at their own expense,
within six months from the first day of April next, under
the direction of Allen Putnam, of Roxbury, and Charles
Heath, of Boston, or, in case of their death or inability to
1848. Chap. 37—39. 631
act, then under tlie direction of the mayor of Roxbury for
the time being.
Section 4. This act shall take effect from and after its This act to take
passage; and, upon its acceptance by the city council of ^J^^/^^'p^^^agg,
said city of Boston, all the powers and privileges conferred
upon said city by the act of the legislature of this Common-
wealth, approved by the governor ou the twenty-third day
of April, in the year one thousand eight hundred and forty-
seven, entitled "An Act to authorize the city of Boston to
construct a railroad from the Providence Railroad to South
Bay," shall be deemed to be surrendered by the said city; Act surren-
and such act shall become null and void, being in such '^^^^^-
case hereby repealed. [Approved by the Govertior, March
3, 1848.]
An Act authorizing the Massachusetts Solar Gas and Foundry Company to Qhaj). 38.
change its name. ^'
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 Massachusetts Solar Gas and Foundry Company is East Boston
hereby authorized to take the name of the East Boston Iron co^pa^yf^'
and Gas Company. [Approved by the Governor, March 3,
1848.]
An Act in addition to "An Act to establish the city of Roxbury." ChdV* 39.
BE it enacted by the Senate and Honse of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Section 1. The election of mayor, aldermen, and com- Annual meeting
mon councilmen, and such other officers of the city of Rox- for the election
1 11.11 1 iTi/riO' City oflicers
bury as are now by law to be chosen on the second Monday to be on second
in March, annually, shall in future be made on the second Monday in De-
Monday in December, annually ; and the said officers, so
chosen, shall hold their respective offices for the same term
of time, and the same proceedings shall be had in relation
to such elections, as is provided in and by the act to which
this act is an addition ; and the officers chosen for the mu-
nicipal year commencing Avith the first Monday of April,
for the present year, shall hold their offices until the first
Monday of January ensuing.
Section 2. The officers chosen, under and by virtue of officers elected
this act, shall enter on the duties of their respective offices to enter on
on the first Monday in January, in each year, and shall be tilefirs^MmKiay
liable to all the duties and restrictions, and shall exercise of January,
all the powers, to which the said officers are respectively
subject or entitled, under and by virtue of the act to which
this is an addition.
Skction 3. On the second Monday in December, annually, The annual
the qualified voters, in each ward, shall give in their votes ward meeting to
for mayor, aldermen, and common councilmen, as provided
632
1848.-
■Chap. 39—40.
Monday of De- in the fifth SGClion of the act to which this is an addition,
cember. g^j^^j ^^^ Warden, clerk, and inspectors, as is provided in the
fourth section of said act.
Lisiof jurors to Section 4. The hst of jurors, in the city of Roxbury,
mVor*^andaU^ ^'^^^^ ^^ prepared by tlie mayor and aldermen of the city, in
dexmen. the Same manner as is required, in the ninety-fifth chapter
of the Revised Statutes, to be done by the selectmen within
and for their respective towns ; and the lists, when made
out by the mayor and aldermen, shall be deemed complete,
without being submitted to the inhabitants of the city, or to
the common council, for revision and alteration by them.
Section 5. The said mayor and aldermen, and the clerk
of the city, shall severally have and exercise all the powers
and duties with regard to the drawing of jurors in the city
of Roxbury, and all other matters relating to jurors therein,
which are, in the ninety-fifth chapter of the Revised Stat-
tues, required to be performed by the selectmen and town-
clerks in their respective towns; and all venires for jurors
to be returned from Roxbury^ shall be served on said mayor
and aldermen.
Section G. All vacancies in the boards of overseers of
the poor, members of the school committee, or assistant as-
sessors, arising from death, resignation, removal out of the
city of Roxbury, or otherwise, shall be supplied, as soon as
may be after such vacancies shall happen, in the same man-
ner as is provided, in the sixth section of the act to which
this act is an addition, in cases of vacancy in the board of
aldermen and common council.
Section 7. This act shall be void unless the inhabitants
of Roxbury, at any general meeting, duly warned by pub-
Roxbury, orbe lie notice of at Icast fourteen days, by the mayor and alder-
^'°^^' men, shall, within sixty days from the passing hereof, by
written votes, accept the same.
Section 8. All the provisions of the" act to which this act
is an addition, or of any other act inconsistent with the pro-
visions of this act, shall be, and hereby are, repealed. [Ap-
proved by the Governor^ Maick 3, 1848.J
Drawing of
jurors to be by
mayor, alder-
men, and city
clerk.
Venires to be
served on
mayor and al-
dermen.
Vacancies, how
filled in certain
boards.
'1*0 be ac-
cepted by the
inhabitants of
Chap. 40.
Wharf in
Truro.
Proviso.
An Act to authorize John A. Paine to build a Wharf.
BE it enacted by the Senate a?id House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
John A. Paine is hereby authorized to build and main-
tain a wharf, in the town of Truro, on the north side of
the river called Pamet River, on land owned by him, and to
extend the same to low-water mark; and he shall have
the right to lay vessels at the end and sides of said wharf,
and receive dockage and wharfage therefor : provided,
that this act shall in no wise affect the private rights of any
person or persons whatever. [Approved by the Governor,
March 9, 1848.]
1840. Chap. 41—42. 633
An Act to incorporate tlie Railroad Wharf Company. CliaV 41.
BE it enacted by the Senate atid House of Represeiita-
ilves, in General Court assembled, and by the authority of
the same, as folloics :
Section 1. William Eaton, Alvin Adams, Nathaniel Railroad Wharf
Stevens, their associates and successors, are hereby made a ch^rfg^JJ^wn
corporation, by the name of the Railroad Wharf Company,
with power to purchase and hold in fee simple, or other-
wise, all or any part of that tract of land, situated in the
city of Charlestown, and bounded as follows, namely,
south-easterly by Prison Point Bridge, as now laid out as
a county way; northeasterly by the line of the Boston and
Maine Railroad ; and westerly and south-westerly by the
channel of Miller's River; and all flats, rights, easements,
privileges, and appurtenances, thereto belonging. And said Powers,
company may, within the limits aforesaid, maintain the
wharves as now constructed, lay vessels at said wharves,
and receive wharfage therefor ; and may erect buildings
and storehouses on said land, and so manage and improve
said property as to them shall seem expedient : provided, Proviso.
that nothing herein contained shall authorize said corpora-
tion to infringe upon the legal rights of any person or cor-
poration whatever.
Section 2. Said corporation may hold real and personal Estaie, real and
property, necessary and convenient to carry into effect the S^soqqq
objects of this act, not exceeding in amount one hundred
and fifty thousand dollars.
Sections. Said corporation shall have all the powers To be governed
and privileges, and be subject to all the duties, restrictions, R^vited stau^"^
and liabilities, set forth in the forty-fourth chapter of the utes.
Revised Statutes.
Section 4. This act shall take effect from and after its
passage. [Approved by the Governor, March 13, 1848.]
An Act to incorporate the Boston Locomotive Works. ChctV. 42.
BJS it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Holmes Hinckley, Gardner P. Drury, Daniel Boston Loco-
F. Child, their associates and successors, are hereby made '"^"'"'^ Works.
a corporation, by the name of the Boston Locomotive
Works, for the purpose of manufacturing locomotive en-
gines, and other machinery, in the city of Boston, 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. Capital stock
Section 2. The capital stock of said corporation shall 'r^oo^ooo^^''
not exceed five hundred thousand dollars, and the said cor- Estate, real ana
poration may hold real and personal estate not exceeding P'"'"'""'''''"*'' lo
that amount. [Approved by the Governor ^ March 13, 1848. J amount.
634
1848.
•Chap. 43—46.
Chap, 43.
Capital in-
creased by add-
ing ^200,000;
part may be
invested in real
Chap. 44.
Bay State Mu-
tual Fire Insur-
ance Company
in Chelsea, for
28 years.
Proviso.
An Act to increase the Capital Stock of the Clinton 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 Clinton Company is hereby authorized to increase
its capital stock by adding thereto two hundred thousand
dollars, and to invest such portion thereof in real estate as
may be necessary and convenient for the purpose for which
it has been incorporated. [Approved by the Governor,
March 13, 1848.]
An Act to incorporate the Bay State Mutual Fire Insurance Company.
JBE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Jesse Gould, Henry Slade, G. W. Gerrish, their associates
and successors, are hereby made a corporation, by the name
of the Bay State Mutual Fire Insurance Company, in the
town of Chelsea, for the term of twenty-eight years, for
the purpose of insuring dwelling-houses and other build-
ings, and personal property, within this 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 Re-
vised Statutes : j^^ovided, that no policy shall be issued by
this company until the sum of one hundred thousand dol-
lars shall be subscribed to be insured. [Approved by the
Governor, March 15, 1848.]
Chap
At: An Act to extend the Time for constructing
• road.
the Framingham Branch Eail-
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Time extended SECTION 1, The time allowed to the Ffamingham Branch
for construction Railroad Company, by an act passed on the sixteenth day
1830 ''^ °*^ '^^'^''' ^^ April, in the year one thousand eight hundred and forty-
six, for constructing their railroad, is hereby extended to
the sixteenth day of April, in the year one thousand eight
hundred and fifty.
Section 2. This act shall take effect from and after its
passage. [Approved by the Goveriior, March 18, 1848.]
Chap. 46.
Charles River
Woolen Manu-
facturing Com-
pany in Water-
town.
An Act to incorporate the Charles River Woolen 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 :
Section 1. William G. Lewis, Richard Williams, Abiel
S. Lewis, their associates and successors, are hereby made
a corporation, by the name of the Charles River Woolen
1848. Chap. 46—49. 635
Manufacturing Company, for the purpose of manufacturing
cotton and woolen goods in the town of Watertown, 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.
Section 2. Said corporation may hold real and personal Estate, real and
estate, necessary and convenient for the purpose aforesaid, ^^ceed^'' ""' ^^^
not exceeding in amount one hundred thousand dollars. ^100,000.
[Ajjproved by the Gove?^nor, March 18, 1848.]
An Act in addition to An Act to incorporate the Traps Creek Fishing Com- Qhnqj 4:1 ,
pany, in Edgartown. ■^'
BE it enacted by the Senate and Hoiise of Representa-
tives^ in General Court assembled, a?id by the authority of
the same, as follows :
Section 1. The present owners of lands adjoining the Owners to have
said Traps Pond, or creek, shall have each one share only °,"^heflXr""'"^
in said fishery, and no one of them shall, by conveyance
or descent of his lands, create, or cause to be created, an
additional number of shares : provided, however, that each Proviso.
of the present owners, and his successor, may divide his
original share into parts or fractions.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, March 18, 1848.]
An Act to continue in force An Act to incorporate the Roxbury Mutual Fire Qhn'n AQ
Insurance Company. -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 :
The act to incorporate the Roxbury Mutual Fire Insur- Roxbury fliuiu-
ance Company, passed on the third day of February, in the ^ ^,o^re^^n^'
year one thousand eight hundred and twenty-seven, shall corporation till
be and remain in force for the term of twenty-eight years -^fi of February,
from the third day of February, in the year one thousand
eight hundred and fifty-five; 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 all statutes subse-
quently passed relating to Mutual Fire Insurance Compa-
nies. [Airproved by the Governor, March 18, 1848.]
An Act in addition to An Act to incorporate the Massachusetts Charitable /^/,^„ ^Q
Mechanics' Association. l^iuqj' ^J,
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 Massachusetts Charitable Mechanics' Association Mass.c. m.As-
are hereby authorized to hold real and personal estate of Bost^on"inay
636 1848. Chap. 49—52.
hold additional the value of 0116 hundred thousand dollars, in addition to
real and person- |.j^g amoimt they are now authorized to hold, and the in-
|ioo,oo6. come of the same shall be applied to the same purposes as
are specified in the former acts concerning said association.
[Approved hij the Governor^ March 18, 1848.]
C^h rt '^^ ^^ ■^^^ ^° incorporate the Davenport Car Company.
* BE it enacted hy the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Davenport Car SECTION 1. Chailcs Davcnport, Albert Bridges, Charles
Company in 'Whitnev-, their associates and successors, are hereby made
Cambridge, tor J^ . /», r c ^ • -i]
the manufacture a corporation, for the purpose of manufacturing railroad,
of railroad cars, ^,g^j.g^ locomotivcs, stcam-cngincs, and other kinds of ma-
chinery, by the name of the Davenport Car Company, in
the city of Cambridge, with all the powers and privileges,
and subject to all the duties, restrictions, and liabilities, set
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Estate, real and SECTION 2. Said Corporation may hold, for the purposes
personal, not to aforesaid, real and personal estate not exceeding in value
7mm. the sum of four hundred thousand dollars. [Approved by
the Governor, March 18, 1848.]
Chnn 51 -An Act authorizing the County Commissioners of Essex County to lay out
K^IUlp. Ji. a highway, and cause a bridge to be built across Ipswich River, in the
town of Ipswich.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Essex County The couuty commissioncrs of Essex County are hereby
commissioners empowercd, if, in their opinion, the public convenience and
may lav out a ' . ' '. . ' ^ , i i • i i
highway, with a ncccssity require the same, to lay out a highway and cause
bridge kcross ^q \,q built a bridge across Ipswich River, in the town of
in ipswich!^^"^' Ipswich, at some place at or near the dam of Dodge's Mill, or
at or near the present termination of Green Street, so called,
Proviso. or at some intermediate place : provided, that if said com-
missioners shall order said bridge to be erected at any other
Draw. place than at or near said dam, they shall cause a draw to
be constructed in said bridge of sufficient capacity for the
passage of all such vessels as navigate said river above the
place where said bridge shall be built; and all suitable
provisions shall be made by said commissioners for opening
said draw for the passage of vessels. [Approved by the
Governor, March 18, 1848.]
r'hnr) R9 "^^ '^^^ ^° authorize the city of Boston to establish a Public Library.
"' BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The city of Boston is hereby authorized to
1848. Chap. 52—54. 637
establish and maintain a public library, for the use of the PuWic library
inhabitants of the said city ; and the city council of the said '" ^°*'°" 5
city may, from time to time, make such rules and regula-
tions, for the care and maintenance thereof, as they may
deem proper : j)rovided^ however^ that no appropriations for no appropria-
the said library shall exceed the sum of five thousand dol- Jj^'oVo Jj^;;^^.'''^
lars in any one year. ally.
Section 2. This act shall be null and void, unless it Act to be ac-
shall be accepted by the city council of the said city of ^oP|,1.-,'^iQ,'m
Boston, within sixty days from its passage. ^Approved by go days.
the Governor, March 18, 1848.]
An Act to authorize James Chandler and others to extend their Wharf. ChaiJ 53
BE it enacted by the Senate and Uonse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
James Chandler, and his associates, are hereby author- To extend a
ized to extend and maintain the wharf now owned by ^harfin
TT-- 1-11T-. • . ^1 Provincetown.
them, and adjoming their land m Provmcetown, to low-
water mark, and shall have the right to lay vessels at the
end and sides of said wharf, and receive wharfage and
dockage therefor: provided, this act shall not in any man- Proviso.
ner interfere with the legal rights of any person whatever.
[Approved by the Governor, March 18, 1848. J
An Act empowering the county commissioners of Barnstable County to lay Qlr.^ ^A
out a highway, and to cause to be built bridges across Herring River and ^'^"'P' '*-
Swan Pond Creek, in Harwich and Dennis.
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 of Barnstable County are Commissioners
hereby empowered, if, in their opinion, public convenience 2/ BamstaWe
,•' K '. ' r T r ,., T County author-
and necessity require the same, to lay out a highway, and ized to lay out
cause to be built a bridge across Herring River, near the h'giiway, wiih a
house of Isaiah Chase, in the town of Harwich, with a draw Hernn|R?ver,
of sufficient capacity for the passage of all such vessels as i" Harwich
•1 • L xi 1 u ti, 1 liavmg- a sum-
navigate said river above the place where the same may be dent drawj
built ; and all suitable provisions shall be made by said
county commissioners for opening said draw for the passage
of vessels. Said county commissioners are also empowered also a highway,
to lay out a highway, and to cause to be built a bridge ^plo^g g^^^^'^
across Swan Pond Creek, at some place about one fourth of Pond Creek.
a mile from the mouth of said creek, if, in their opinion,
the public convenience and necessity require the same.
[Approved by the Goverfior, Majxh 18, 1848.J
638
1848.-
■Chap. 55 — 58.
Chap. 55.
Wharf in Har-
wich.
Proviso.
Chap. 56.
Wharf in
Pfovincetown.
Proviso.
Chap. 57.
Two wharves
authorized in
Truro.
Proviso.
Chap. 58.
Wharf in Prov-
incetown au-
thorized.
Proviso.
An Act to authorize Amasa Nickerson and others 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 follows :
Amasa Nickerson, and his associates, are hereby author-
ized to build a wharf, from their land adjoining the harbor
of Harwich, at a place called Deep Hole, and to extend
said wharf into the sea three hundred and ninety feet, and
to lay vessels at the end and sides thereof, and receive
dockage and wharfage therefor : provided, that this act
shall not in any manner impair the legal rights of any per-,
son whatever. [Approved by tlie Govertior, March 22.
1848.]
An Act to authorize John Atwood, Jr., to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Conrt assembled, and by the authority of
the sam,e, as follows :
John Atwood, Jr. is hereby authorized to build and
maintain a wharf, from his premises on Long Point, so
called, in the harbor of Provincetown, and to extend the
same to six feet of water at low tide; and to lay vessels at
said wharf, and receive wharfage and dockage therefor :
provided, that tiiis grant shall in no wise impair the legal
rights of any person whatever. [Approved by the Gov-
ernor, March 22, 1848.]
An Act to authorize Allen Hinckley to build Wharves.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Allen Hinckley is hereby authorized to build and main-
tain two wharves from his land on the south side of Pamet
River, in the town of Truro, and to extend said wharves to
the southern edge of the channel of said river; and shall
have the right to lay vessels at the ends and sides of said
wharves, and receive wharfage and dockage therefor : p7'o-
vided, that this grant shall in no wise impair the legal rights
of any persons whatever. [Approved by the Governor,
March 22, 1848.]
An Act to authorize Joshua Dyer 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 folloivs :
Joshua Dyer is hereby authorized to build a wharf from
his land adjoining the harbor of Provincetown, and to ex-
tend said wharf into six feet of water at low tide ; and shall
have the right to lay vessels at said wharf, and to receive
wharfage and dockage therefor : provided, that this grant
1848. Chap. 58—62. 639
shall in no wise impair the legal rights of any person what-
ever. [Approved by the Governor^ March 22, 1848,J
Aq Act to authorize Elisha Young to extend his Wharf. Chap. 59.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, ajid by the authority of
the same, as foUoios :
EUslia Yoimg is hereby authorized to extend and main- To extend
tain his wharf into the harbor of Provincetown, to low-wa- ^Iceiown. ^'^°^'
ter mark ; and shall have the right to lay vessels at said
wharf, and to receive wharfage and dockage therefor : pro- Proviso.
vided, that this grant shall not in any manner impair the
legal rights of any person whatever, [Appi'oved by the
Governor, March 22, 1843. J
An Act to authorize Seth Nickerson to build a Wharf. Chart fif)
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Seth Nickerson is hereby authorized to build and main- wharf in Prov-
tain a wharf from his land adjoining the harbor of Prov- incetown.
incetown, and to extend said wharf into six feet of water,
at low tide ; and to lay vessels at said wharf, and receive
wharfage and dockage therefor : provided, that this grant Proviso.
shall in no wise impair the legal rights of any person what-
ever. [Apjjroved by the Governor, March 22, 1848.]
An Act to authorize John H. Pease to build a Wharf. Chnn fil
BE it enacted by the Senate and House of Representa- "'
tives, in General Court assembled, and by the authority of
the same, as follows :
John H. Pease is hereby authorized to bnild and main- wharfin Ed-
tain a wharf from his land adjoining the harbor in Edgar- ganown.
town, and to extend the same into the channel of said har-
bor, to a point where there may be a depth of water equal
to that at the other wharves now erected in said harbor;
and to lay vessels at said wharf, and receive wharfage and
dockage therefor : provided, that this grant shall in no wise Proviso.
impair the legal rights of any person whatever. [Approved
by the Governor, March 22, 1848.]
An Act in addition to An Act to authorize John W. Trull to extend his />/ {yr%
Wharves. Lliap. bl.
BE it enacted by the Senate and House of Represeyita-
tives, in General Court assembled, and by the authority of
the same, as follows :
So much of an act entitled " An Act to authorize John W. serond proviso
Trull to extend his wharves," passed on the seventh day in tiie aci to au-
of March, in the year one thousand eight hundred and forty- 'nuluotxi
six, as provides that said Trull shall extend the common
640
1848.-
-Chap. 62—65.
his wharves in
Boston re-
pealed.
sewer through said wharf, or wharves, at his own expense,
is hereby repealed. [Approved by i/ie Governor', March 22,
184S.J
An Act to authorize Moses Tarr and his associates to build a Wharf.
BI^ it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the sa??ie, as follows :
Moses Tarr, and his associates, are hereby authorized to
build and maintain a wharf in the harbor of Gloucester, to
extend from land owned by them, sixty feet from low-water
mark ; and shall have the right to lay vessels at said wharf,
and receive wharfage and dockage therefor : jjrovided, that
this act shall in no wise impair the legal rights of any per-
son whatever. [Approved by the Governor, March22, 1848.]
An Act to authorize Solomon Bangs 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 follows :
Solomon Bangs is hereby authorized to build a wharf from
his land, adjoining the harbor at Provincetown, and to ex-
tend said wharf to six feet of water at low tide; and shall
have the right to lay vessels at the end and sides of said
wharf, and to receive wharfage and dockage therefor : y?;-o-
vided, that this grant shall in no wise impair the legal rights
of any person whatever. [Approved by the Governor,
March 22, 1848.]
Chap. 65. An Act to authorize the New Bedford and Taunton Railroad Corporation to
construct a Branch.
BE it enacted by the Senate and House of Representa-
tives, i?i General Court assembled, afid by the authority of
the same, as follows :
Section 1. The New Bedford and Taunton Railroad
Corporation, are hereby authorized to locate and construct
a branch railroad, beginning at a point in the line of their
road, about nine hundred and eighty feet north of the north
line of Pearl Street, in New Bedford; thence running east-
erly, in a curved line, a distance of nine hundred feet;
thence easterly in a straight line, about eleven hundred feet,
to and on a wharf, now in process of construction by said
corporation, on the west bank of Acushnet River, 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, and in that part of the thirty-
ninth chapter of said statutes relating to railroad corpora-
tions, and in all statutes which have been, or which shall
be hereafter, passed, relating to railroad corporations.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, March 22, 1848. J
Chap. 63.
Wharf in
Gloucester.
Proviso.
Chap. 64.
Wharr in Prov-
incetown.
Proviso.
To locate and
construct a
branch railroad
in New Bedford,
1848. Chap. 66—68. 641
An Act to incorporate the Dean Cotton and Machine Company. C/wp. 66,
BE it enacted by the Seiiate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. Robert S. Dean, Lovett Morse, Samuel B. Corporation to
Kins, their associates and successors, are hereby made a manuiaciure
corporation, lor the purpose oi manuiacturmg machuiery, ia Taunton,
castings, and articles of which cotton and wool are mate-
rials, in the town of Taunton ; and, for this purpose, shall
have all the rights 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.
Section 2. Said corporation may hold, for the purpose Real estate,
aforesaid, real estate of the value of seventy thousand ^''^'^^^^ *'^p'"
dollars, and the whole capital stock of said company shall exceed
not exceed two hundred thousand dollars. [Apjiroved by £200,000.
the Gover7ior, March 22, 1848.]
An Act to incorporate the Gosnold Mills. ChoT) 67
BE it enacted by the Senate and House of Representa-
tives, ifi General Coiirt assembled, and by the authority of
the same, as folloivs :
Section 1. Abraham H. Rowland, Edward W. How- Corporation to
land, James D. Thompson, their associates and successors, ["Jllon^'oJj
are hereby made a corporation by the name of the Gosnold and iron, in
Mills, for the purpose of manufacturing cotton, wool and ^^"^ i^edtord.
iron, or either of them, in the city of New Bedford, 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.
Section 2. Said corporation may hold real and personal Estate, real and
.. J •./•,! r -1 personal, not to
estate, necessary and convenient lor the purpose aforesaid, exceed
not exceeding in value one hundred thousand dollars. [^Ap- ^^JO.ooo.
proved by the Governor, March 22, 1848.J
An Act to incorporate the American Machine Works. ChciJJ» 68
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. Philos B. Tyler, Nelson Tyler, Nahum Dun- Corporation to
bar, their associates and successors, are hereby made a cor- machmery'^^
poration by the name of the American Machine Works, for forge in.n.'&c,
the purpose of manufacturing machinery, and founding and '" '^P^ngfieid.
forging iron, in the town of Springfield; 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.
Section 2. Said corporation may hold, for the purposes ijeai estate,
aforesaid, real estate of the value of forty thousand dollars, S-iOjOCOj
642 1848. Chap. 68—71.
capital siock and the whole capital stock of said corporation shall not
Ti*nnf¥m^^'' exceed one hundred thousand dollars. [Approved by the
* ^'"^- Governor, March 22, 1848.]
Chap. 69. -^^ -^^''^ ^° incorporate the North Chelmsford Machine Shop.
BE it enacted by the Sejiate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Corporation to SECTION I. Ziba Gay, Royal Southwick, Harvey Silver,
machinery^ their associatcs and successors, are hereby made a corpora-
steam-en£rines, tiou, by the name of the North Chelmsford Machine Shop,
ford. '" ^^^''"** ^°'' the purpose of manufacturing machinery, steam-engines,
and all work connected with this branch of business, in the
town of Chelmsford, with all the powers and privileges, and
subject to all the duties, restrictions, and liabilities, set forth
in the thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Estate, real and SECTION 2. Said Corporation may hold real and personal
personal, not to j^ ...rxu r j
exceed cstatc, nccessary and convenient lor the purposes atoresaid,
;^ioo,ooo. not exceeding one hundred thousand dollars. [Approved by
the Governor, March 22, 1848. j
ChcLV 70. "^"^ ^^^ ^° incorporate the West Boston 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 follows :
Corporation to SECTION 1. Leonard Fuller, Caleb C. Allen, Charles H.
maiiufacture Johounot, their associatcs and successors, are hereby made
steam-eiiVmes, a Corporation, by the name of the West Boston Iron Com-
&e., in Boston, pany, for the purpose of manufacturing cast-iron, steam-
engines, and other machinery, in the city of Boston, with
all the powers and privileges, and subject to all the duties,
restrictions, and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
Estate, real and SECTION 2. Said Corporation may hold real and personal
personal not estate, uccessary and convenient for the purposes aforesaid,
^-00,000. ^ot exceeding in amount two hundred thousand dollars.
[Approved by the Governor, March 22, 1848.]
ChcLT) 71 An Act in addition to "An Act to incorporate the Indian Orchard Canal
■*^* * Company."
BE it enacted by the Senate and House of Represe7ita-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
may^man'ufac- SECTION 1. The Indian Orchard Canal Company, in ad-
ture cotton and dition to its prcscut powcrs, is hereby authorized to manu-
May'addnot facture cottou and vvool.
exceeding SECTION 2. Said corporatiou may add to its capital stock
^800000 to a. sum not exceeding eight hundred thousand dollars, and
their capital i ij i j ° ° , , •
slock, and hold may nolci real and personal estate, necessary and convenient
all necessary for the purposes of its incorporation. [Approved by the
perso^'nai estate. Govemor, March 22, 1848.J
1848. Chap. 72—74. 643
An Act in addition to "An Act to incorporate the Salem Laboratory Com- CliaV. 72.
pany." •* *
BE it enacted by the Senate and House of Representa-
tives, in General Court asse7nbled, and by the authority of
the same, as follows :
The Salem Laboratory Company are hereby authorized Corporation
to divide their capital stock, now or hereafter belonging to ^-,p^iai"'^to(.k
them, not exceeding the amount to which they are by law imo shares of
entitled, into shares of not exceeding one hundred dollars "*'' f,*'"^,'''"^
each, and to issue certincates accordingly, any thmg in the
act, entitled " An act to incorporate the Salem Laboratory
Company," to the contrary, notwithstanding. [Approved by
the Governor, March 22, 1848.]
An Act to incorporate the Hyannis Packet Insurance Company. ChdT) 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 :
Section 1. Z. D. Basset, Joshua Baker, Warren Hallet, Corporation for
their associates and successors, are hereby made a corpora- makma: man-
. ' ■' -r time loans and
tion, lor the term or twenty years, by the name ot the Hy- insurance in
annis Packet Insurance Company, to be established in ^^^""^^''*""
Hyannis, for the purpose of making maritime loans, and
insurance against maritime losses, 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.
Section 2. The capital stock of said company shall be Capital stock,
fifty thousand dollars. [App?-ovcd by the Governor, March
22, 1848.]
An Act to change the name of the Congregational Church in Purcliase n},f,rt HA
Street, in the city of Boston. O/iOp. /'±.
BE it enacted by the Senate and House of Rejjresenta-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The congregational church in Purchase Corporation to
Street, in the city of Boston, incorporated the eighteenth o"f'','he*ThT"'^
day of June, in the year of our Lord one thousand eight teemh Con^re-
hundred and twenty-five, shall hereafter be known and f^'he cir'^T'''
called by the name of the Thirteenth Congregational Boston? ^°
Church, in the city of Boston, and, under that name, shall
hold and possess all the property, and shall enjoy all the
rights and privileges, and be subject to all the liabilities, of
the said congregational church in Purchase Street, in the
city of Boston.
Section 2. This act shall take effect from and after its vi^hon to take
passage. [Approved by the Governor, March 22, 1848.] ^^^'^'-
644 1848. Chap. 75—77.
Chap. 75. ■^'^ ■^'^'^ ^° incorporate the Maverick Mutual Fire Insurance Compan}'.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the anihotity of
the same, as follows :
Corporation to Alfred A. Wellington, Benjamin Lamson, Thomas Ed-
fire"hi Boston Wards, their associates and successors, are hereby m.ade a
for 28 years, on corporation, by the name of the Maverick Mutual Fire
the mutual Insurance Company, in the city of Boston, for the term of
principle. r r • ■ -l ^^•
twenty-eight years, for the purpose of insuring dweiling-
houses and other buildings, and personal property, within
this Commonwealth, against loss by fire, with all the pow-
ers and privileges, and subject to all the duties, liabilities,
and restrictions, set forth in the thirty-seventh and forty-
Prohiso. fourth chapters of the Revised Statutes : provided, that no
policy shall be issued by this company, until property to
the amount of one hundred thousand dollars shall have
been subscribed to be insured. [^Apjjroved by the Governor,
March 22, 1848.]
Chap. 76.
An Act to authorize James W. Magoun and another 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 follows :
Wharf in Jamcs W. Magouu and Sylvester B. Sleeper are hereby
Truro. authorized to build and maintain a wharf, from their land
on the south side of Pamet River, in the harbor of Truro,
and to extend the same until it shall reach the channel of
said harbor, and shall have the right to lay vessels at the
end and sides of said wharf, and to receive wharfage and
Proviso. dockage therefor : provided, that this act shall in no wise
impair the legal rights of any person whatever. \^Approved
by the Governor, March 24, 1848.]
Chart 77 "^^ ^^^ *° incorporate the People's Equitable Mutual Fire Insurance Com-
BE it enacted by the Senate and House of Representa-
tives, if I General Court assembled, and by the authority of
the same, as follows :
Corporation for Albert Field, J. W. Crossman, S. O. Dunbar, their asso-
muiuai fire in- ciatcs and succcssors, are hereby made a corporation, by
Taunt^rn,'"for 28 the name of the People's Equitable Mutual Fire Insurance
years. Company, in the town of Taunton, for the term of twenty-
eight years, for the purpose of insuring dwelling-houses
and other buildings, and personal property, within this
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
Proviso. chapters of the Revised Statutes: provided, that no policy
shall be issued by this company until the sum of one hun-
dred thousand dollars shall have been subscribed to be
insured. [App7'ovcd by the Govertior, March 24, 1848.]
1848. Chap. 73—79. 645
An Act to incorporate the Blackstone Coal Mining Company. CllCtp. 78.
BE it enacted by the Senate and House of Rejiresenta-
tlves, in Gcnei'al Court asseinbled^ a?id by the authority of
the same, as follows :
Sectio.v 1. Joseph B. Smith, J. N. Bradley, John S. Corporation for
Lee, their associates and successors, are hereby made a cor- coal mining in
poration by the name or the ulackstone Coal Mining Lorn- AiUeborough.
pany, for the purpose of mining coal in the towns of Paw-
tucket and Attleborough ; 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.
Section 2. Said corporation may hold, for the purpose Capital stock
aforesaid, real and personal estate, necessary and conve- e^olTooo^^^
nient for them, and the whole capital stock of said corpora- vviih necessary
tion shall not exceed one hundred thousand dollars. \_Ap- sonafestlte'"
proved by the Governor, March 24, 1848.J
'An Act relating to a Public Cemetery in the city of Eoxbury. CllHT) 79
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. The city council of Roxbury is hereby au- Board of com-
thorized to elect, by ioint-ballot in convention, a board of '"'^*'°"'^';^ '"
J? ..'■';?, „„ ' 1,,, manage the con-
nve commissioners, lor the term of five years, who shall cems of tiie
have the sole care, superintendence and management of the ''"p' fj^metery
Rural Cemetery established by said city council, one mem- i"e ekcteZby
ber of which board shall go out of office each year, and one ^^^ citycouncii.
member shall be chosen annually in the month of March ;
but said board, or either member thereof, after having had
an opportunity to be heard in his or their defence, may be
removed at any time, by a concurrent vote of two thirds of
each branch of the city council; and in case of a vacancy
in said board of commissioners, by death, resignation, re-
moval, or otherwise, such vacancy shall be filled by the
choice of another commissioner in the manner aforesaid,
who shall hold his office for the residue of the term for
which such member, so deceased, resigned, or removed,
would have held the same. Said board may be organized Organijation.
by the choice of a chairman and secretary from their own
number, and a major part of said board shall constitute a
quorum for the exercise of the powers, and the performance
of the duties, of the said office. And the term for which Term of office,
the several members of the first board of commissioners
shall hold their office shall be determined by the city coun-
cil, as follows : — The commissioner first chosen shall hold
his office for five years; the commissioner next chosen shall
hold his office for four years ; the commisssioner next
chosen shall hold his office for three years; the commis-
sioner next chosen shall hold his office for two years : and
83 .
646
1848.-
■Chap. 79.
Duties of the
board.
Powers.
Sale of lots.
Income, how
appropriated.
Board to make
report of their
proceedings
annually.
This act to be
accepted by the
city council ;
otherwise void.
the commissioner next chosen shall hold his office for one
year.
Section 2: The said board of commissioners shall set
apart and appropriate a portion of said cemetery as a pub-
lic burial-place for the use of the inabitants of the city of
Roxbury, free of any charge therefor; and they shall lay
out said cemetery in suitable lots, or other subdivisions, for
family or other burying-places, with all ihe necessary paths
and avenues, and may plant and embellish the same with
trees, shrnbs, flowers, and other rural ornaments; and may
inclose and divide the same with proper fences ; and erect
or annex thereto such suitable edifices, appendages, and
conveniences, as they shall fiom time to time deem expedi-
ent. And said board may make all necessary by-laws,
rules and regulations, in the execution of their trust, not
inconsistent with this act and the laws of the Common-
wealth, as they shall deem expedient.
Section 3. Said board of commissioners shall have
authority to grant and convey to any person or persons, by
deeds duly executed, the sole and exclusive right of burial,
and of erecting tombs, cenotaphs, and other monuments, in
any of the designated lots or subdivisions of said cemetery,
upon such terms and conditions as they shall by their rules
and regulations prescribe.
Section 4. The proceeds of sales of lots, or rights of
burial, in said cemetery, shall be paid into the city treasury,
to be kept separate from any other funds of the city, and
subject to the order of said commissioners; and such pro-
ceeds shall be devoted to the liquidation of the debt in-
curred in the purchase of the land for said cemetery, and to the
improvement and embellishment thereof, as aforesaid, under
the direction of said board of commissioners. And no other
moneys shall be appropriated from the city treasury, by the
city council, for such improvement and embellishment.
Section 5. Said board of commissioners shall annually,
in the month of February, and whenever required by
the city council, make and render a report in writing of all
their acts and proceedings, and of the condition of the cem-
etery, and an account of the receipts and expenditures for
the same, and the funds subject to their order.
Section 6. This act shall be void unless the city council
of Roxbury shall accept the same at a meeting of said city
council, called for that purpose, within thirty days after its
passage.
Section 7. This act shall take effect from and after its
passage. [Approved by the Governor, Muixh 24, 1848.]
1843. Chap. 80—82. 647
An Act to incorporate the Pitchawam Manufacturing Company. Chap. 80.
BE it enacted by the Semite and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as fol loirs :
Section 1. Erastiis Nash, David Smith, David Kellogg, Corporation to
their associates and successors, are hereby made a corpora- ^oa'",fgo"odg i„
tiou by the name of the Pitchawam Manufacturing Com- Orauby.
pany, for the purpose of manufacturing cotton goods in the
town of Granby, with all the powers and privileges, and
subject to all the duties, restrictions and liabihties, set forth
in the thirty-eighth and forty-fourth chapters of the Re-
vised Statutes.
Section 2. Said corporation, for the purpose aforesaid, Real estate,
may hold real estate not exceeding in value fifty thousand ^^^QQ^^c^t-
dollars; and the whole capital stock shall not exceed one itai stock not to
hundred thousand dollars. {Api)roved by the Governor, ^Yooooo
March 24, 1848.J * ' '
An Act relating to the Competency of Witnesses in certain cases. CAflp. ol.
• BE it oiactcd by the Senate and House of Representa-
tives, in Gener(d Court_ assembled, and by the authority of
the same, as follows :
In all cases in which any incorporated mutual marine Membersofany
insurance company shall be, in its corporate capacity, party J^Jmuai m. i
to, or mterested m, any suit, wliether ot a civil or criminal i,, any casein
natnre, any member of such corporation may be admitted which the Co. is
.. •. »i.T ,1 ^-i i • 1- interested.
as a competent witness to testily on the trial, or to give his
deposition : j^'ovidcd, there be no sufficient objection to his Proviso.
competency, except that of his being such member of the
corporation. [Approved by the Governor, March 24, 1848.]
An Act in addition to "An Act relating to Discharged Convicts." Chnn H2
BE it enacled by the Striate and House of Representa-
tives, in Genend Court assembled, and by the authority of
the same, as follows :
Section 1. In addition to the duties of the agent, pre- Discharged con-
scribed in the first section of the one hundred and seventy- vicis may be
• , /. , r I ,1 1-1 lurnished by
Sixth chapter ol the statutes ot the year one thousand eight agent with
hundred and forty-five, entitled "An Act relating to Dis- <='"''i'"ff' t)oard,
charged Convicts," it shall hereafter be the duty of such "°*'
agent to furnish such discharged convicts, as may seek his
aid, with clothing, board, and tools suitable for their em-
ployment, whenever and in such manner as he may deem
proper and expedient.
Section 2. Said agent shall keep an account of the time Agent's account
employed, and money expended, in the performance of the by iLpectors'^of
duties of his office prescribed in this act and the act to sia'e prison.
which this act is in addition, and shall present the same to Agent mayre-
coivG not GX~
the inspectors of the state prison ; and their approval thereof ceeding^coo,
shall entitle him to receive, from the trcasurv of the Com- from state treas-
•' ury.
648
1848.-
■Chap. 82—84.
Chap. 83.
The two roads
may he utiued
in TauDton.
Concerning llie
curve.
Powers.
Chap, 84.
Corporation
may widen
their road be-
tween Bosion
and South
Braintree,
monwealth, a sum not exceeding six hundred dollars per
annum, for which the governor is requested to draw war-
rants from time to time.
Section 3. All acts, and parts of acts, inconsistent here-
with, are hereby repealed.
Section 4. This act shall take eifect from and after its
passage. [A])proved by the Governor, March 24, 1848. J
An Act relating to the New Bedford and Taunton Railroad Corporation and
the Fall River Railroad Company.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assc7nbled, and by the a^ithority of
the same, as foUoivs :
Section 1. The New Bedford and Taunton Railroad
Corporation, and the Fall River Railroad Company, are
hereby authorized, jointly or severally, as may be mutually
arranged, so to connect the roads of the two corporations,
near their intersection in (he town of Taunton, by con-
structing a curved track and suitable switches, as that, be-
tween the city of New Bedford and the town of Fall River,
an engine and cars may be run direct from the one place to
the other.
Section 2. In locating and constructing said track, the
curve shall be regular, and of not less than six hundred nor
more than one thousand feet radius.
Section 3. Said corporations, at joint expense, or in such
manner as may be mutually agreed upon, may procure and
run such engines and cars as may be necessary and conve-
nient to accommodate the travel and business between the
aforesaid places.
Section 4. This act shall take effect from and after its
passage. [Approved by the Governor, March 27, 1848.]
An Act to authorize the Old Colony Railroad Corporation to widen their
Railroad between Boston and South Braintree, and to make branches in
Quincy and Dorchester.
BE it enacted by the Senate and Hoitse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Old Colony Railroad Corporation are
hereby authorized, for the purpose of constructing a second
track, to take and hold any additional land, and other real
estate, which they may require therefor, not exceeding
twenty feet in width, on either side of their railroad, between
their bridge, a little south of the passenger depot in Boston,
and their depot in South Braintree, and may locate and con-
struct such second track, and any part thereof, upon the
land thus taken ; and said corporation may take part of
such land on one side and part on the other side of their
railroad.
1848. Chap. 84. 649
Section 2. Said corporation, for the purpose of construct- Bririires, draws,
ing such second track, may widen all bridges over any \va- ^'"^ '^"■eets.
ters on their route, and lengthen the draws thereof, and may
alter, and widen, and raise, all bridges on said route, over or
under any street, or turnpike, or public way, or private way,
on said route, and may alter such streets, turnpikes, or ways,
so far as shall be necessary; but said corporation shall be
required to make such draws convenient for the passage of
all classes of vessels now passing the same, and shall be
required to tend such draws in the same manner as they are
now required to tend the same.
Sections. Said corporation are further authorized to May construct
construct a branch railroad, commencine at some point in ? '^ra'"'^"'oa<J
the main line in Quincy, a little south of the turnpike on
the south-easterly side of Neponset River, and thence run-
ning through or near a certain gravel-hill, called Mount
Hope, to the Granite Railway, a distance of about one and
a third miles.
Section 4. Said corporation may contract with the Gran- May roniract
ite Railway Company, for the purchase or use of their rail- ^i''' Grfniie
road, real estate, and franchises, and, upon such purchase, p^nytZ lUtTr'
shall succeed to and enjoy all the rights and privileges now road,
held and enjoyed by said Granite Railway Company.
Sections. The Old Colony Railroad Corporation are May construct
further authorized to locate, construct, and maintain a ^^^^'"'^ '"
b,-,, ■ ' ^ ' . ^ . ^ Dorcnesier.
ranch railroad, commencing at some convenient j)oitit on
the main line between Neponset River and Harrison Square,
in Dorchester; and thence running towards Commercial
Point to deep water ; and said corporation may construct
and connect therewith, wharves extending into deep water,
suitable for large vessels, and may erect suitable depots
thereon : provided, that if the road shall cross any naviga- Proviso.
ble stream, a suitable draw shall be built and maintained
for the accommodation of all vessels having occasion to pass
the same.
Section 6. The Old Colony Railroad Corporation, in lo- Duties and lia-
cating and constructing their second track, widening and '"i"'''^ ""''c
raising their bridges, and locating and constructing said
branch railroads, shall have all the powers and privileges,
and be subject to all the duties, liabilities, and restrictions,
set forth in the forty-fourth chapter of the Revised Statutes,
and in that part of the thirty-ninth chapter of said statutes
relating to railroad corporations, and in all general laws
which are now, or may hereafter be, in force, relating to
railroad corporations in this Commonwealth.
Section 7. The said company, for the purposes aforesaid. May add
are hereby authorized to increase their capital stock bv add- S"Wiooto
.1 / ,1 r 1 111 . ■. . . '' capital stock.
mg thereto the sum of one hundred thousand dollars.
Sections. No alteration shall be made in any way, ^o alteration in
street, or turnpike, in the city of Boston, under or by virtue Boston without
650 1848. Chap. 84—87.
approval by of this act, uiiless such alteration shall first be approved by
dennen"'^^'" ^'^^ mayor and aldermen of said city.
Section 9. This act shall take effect from and after its
passage. {^Approved by the Governor, March 27, 1848.]
Ch(tD 83 -^"^ ^^"^ ^^^ *^^ protection of Pigeon Beds.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, a?id by the authority of
the same, as follows :
Penalty of Section 1. If any pcrson shall attempt to kill or frighten
aclua?d'a?wes pigGons from bcds made for the purpose of taking them in
for atiempiing ' nets, by firing guns, or by any other means, within one hun-
to kill orfright- (]f.g(j yards of ihe same, except on lands owned or occupied
net beds. by himself, he shall forfeit and pay, to the owner or occu-
pant of such lands, or to the owner or occupant of such
beds, the sum of ten dollars, in addition to the actual dam-
ages sustained, to be recovered by such owner or occupant
in an action of trespass.
Section 2. This act shall take effect from and after its
passage. [App?^oved by the Governor, March 31, 1848.]
Ohdn 86 -^^ "^^^ ^° increase the Capital Stock of the Barnstable 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 :
Authorized to SECTION 1. The president, directors, and company of the
stocrby addilr^ ^^'"'^^^^^'® ^^"^^j ^" Yarmouth, are hereby authorized to
jg 50,000 dollars', iucrcasc their present capital stock, by an addition thereto
of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
Proviso. dent and directors of said bank may determine : provided,
that the whole amount shall be paid in on or before the first
Monday in February next.
Liabilities. SECTION 2. The additional stock aforesaid, when paid
into said bank, shall be subject to the like tax, regulations,
restrictions, and provisions, to which the present capital
stock of said corporation is now subject.
Certificate to be SECTION 3. Before Said corporation shall proceed to do
Iec"re'iaf ^ oMhe ^usiucss upou Said additional capital, a certificate, signed by
Cominonweaiiii. the president and directors, and attested by the cashier, un-
der oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of the
Commonwealth. [Approved by the Governor, April I, 1848.]
ChdT) 87 ■'^'^ ■^^^ '° increase the Capital Stock of the Hampshire Manufacturers' Bank.
BE it enacted by the Senate and House of Representa-
tives, ill General Court assembled, and by the authority of
the same, as follows :
Authorized to SECTION 1. The president, directors, and company of
capitfuS.'" the Hampshire Manufacturers' Bank, in Ware, are author-
1848. Chap. 87—89. 651
ized to increase their capital stock by an addition thereto
of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
dent and directors of said bank may direct : j?rovided, that Proviso.
the whole amount shall be paid in, on or before the first
Monday of February next.
Section 2. The additional stock aforesaid shall be sub- Liabiiiiies.
ject to the like tax, regulations, and provisions, to which
the present capital stock of said bank is now subject.
Sections. Before said corporation shall proceed to do Certificate lo be
business upon such additional capital, a certificate, signed sec"e"afy*onhe
by the president and directors, and attested by the cashier, Commonwealth.
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth. [Ajrproved by the Governor^ April 1,
1848.]
An Act to increase ihe Capital Slock of the Bank of Brighton. ChcfD* 88.
BE it enacted by the Senate and House of liepresenta-
tlves, in General Court assembled, and by ihe authority of
the same., as follows :
Section 1. The president, directors, and company, of the Authorized to
Bank of Brighton, in Brighton, are hereby authorized to ^^''^ Jj^^-^^^ '°
increase their present capital stock, by an addition thereto
of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
dent and directors of said bank may determine : provided, Proviso.
that the whole amount shall be paid in, on or before the
first Monday in February next.
Section 2. The additional stock aforesaid, when paid Liabilities.
into said bank, shall be subject to the like tax, regulations,
restrictions, and provisions, to which the present capital
stock of said corporation is now subject.
Sections. Before said corporation shall proceed to do Certificate to be
business upon said additional capital, a certificate, signed by '■e'"'""''d »« the
.1 -n. IT 1 11 .I- secretary of the
the president and directors, and attested by the cashier, Commomveaiih.
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth. [Ap2)roved by the Gover?ior, April 1,
1848.]
An Act to increase the Capital Stock of the Central Bank in Worcester. Chnn P9
BE it enacted by the Senate and House of Representa-
tives, in, General Court assembled, and by the authority of
the same, as foUoios :
Section 1. The president, directors, and company, of the Amhorized to
Central Bank, in Worcester, are authorized to increase their ^f nff^tock '°
capital slock, by an addition thereto of fifty thousand dol- "'" ^
lars, in shares of one hundred dollars each,' which shall be
paid in such instalments as the president and directors of
652 1848. Chap. 89—91.
Proviso. said bank may direct : provided, that the whole amount
shall be paid in, on or before the first Monday in February
next.
Liabilities. SECTION 2. The additional stock aforesaid, shall be sub-
ject to the like tax, regulations, and provisions, to which the
present capital stock of said bank is now subject.
Certificate to be SECTION 3. Before sald corporation shall proceed to do
relumed lo the busiuoss upon such additional capital, a certificate, signed
Cominoilvveaith! ^y the president and directors, and attested by the cashier,
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth. [Apjjroved hy the Governor, April
1, 1848. J
Ohnn QD "^^ '^^^ '° increase the Capital Stock of the Framingham 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 :
Autiiorizpci to Section 1. The president, directors, and company, of
a<id >^50,ot)0 to the Framingham Bank, in Framingham, are hereby author-
capiiai stock. -^^^ ^^ increase their present capital stock, by an addition
thereto of fifty thousand dollars, in shares of one hundred
dollars each, which shall be paid in such instalments as the
president and directors of said bank may determine: pro-
Proviso, vided, that the whole amount shall be paid in on or before
the first Monday in February next.
Liabilities. Section 2. The additional stock aforesaid, when paid
into said bank, shall be subject to the like tax, regulations,
restrictions, and provisions, to which the present capital
stock of said corporation is now subject.
Certificate to be SECTION 3. Before Said corporation shall proceed to do
returned to ihe busiucss upou Said additional capital, a certificate, signed
Commwuveaiiii! ^Y the president and directors, and attested by the cashier,
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of the
Commonwealth. [Approved by the Governor, Aprill, 1848.]
ChCLV- 9 1 "^'^ ^^'^ ^° increase the Capital Stock of the Fitcliburg Bank.
BE it enacted, by the Senate and Honse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Authorized to SECTION 1. The president, directors, and company, of
add 550,000 to the Fitchburg Bank, in Fitcliburg, are hereby authorized to
capi a s.oc , increase their capital stock, by an addition thereto of fifty
thousand dollars, in shares of one hundred dollars each,
which shall be paid in such instalments as the president
Proviso. and directors of said bank may determine : provided, that
the whole amotmt shall be paid in, on or before the first
Monday in February next.
Liabilities. SECTION 2. The additional stock aforesaid, when paid
1848. Chap. 91—93. 653
into said bank, shall be subject to the like tax, regulations,
restrictions, and provisions, to which the present capital
stock of said corporation is now subject.
Section 3. Before said corporation shall proceed to do Certificate to be
business upon said additional capital, a certificate, signed ^^1."^"^^^ -^of "the
by the president and directors, and attested by the cashier, comraoiiweaUh.
under oath, that the same has been actually paid into said
bank, shall be returned into the oflice of the secretary of
the Commonwealth. [Appi^oved by the Governor, April 3,
1S4S.J
An Act to increase the Capital Slock of the Boylston Bank. Chrtr) Q2
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The president, directors, and company, of the Authorized to
Boylston Bank, in Boston, are hereby authorized to increase capitff stock. *°
their present capital stock, by an addition thereto of fifty
thousand dollars, in shares of one hundred dollars each,
which shall be paid, either in whole, or in such instalments
as the president and directors of said bank may direct : pro- Proviso.
vided, that the whole amount shall be paid in before the
expiration of one year from the date of this act.
Section 2. The additional stock aforesaid shall be sub- Liabilities.
ject to the like tax, regulations, restrictions, and provisions,
to which the present capital stock of said corporation is now
subject.
Sections. Before said corporation shall proceed to do certificate to be
business upon said additional capital, a certificate, signed returned to the
by the president and a majority of the directors, and at- comnfo'^^weahh.
tested by the cashier, under oath, that the same has been
actually paid into said bank, shall be returned into the
office of the secretary of the Commonwealth. [Approved
by the Goveimor, Apjil 3, 1848. J
An Act to incorporate the Haverhill Foundry and Machine Shop. ChctV 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 :
Section 1. James E. Ames, Alfred Kittredge, and Charles For the man«-
Carleton, their associates and successors, are hereby made f^^^^"J^^ "ite'am.
a corporation, by the name of the Haverhill Foundry and engines' &c., in.
Machine Shop, for the purpose of manufacturing ma- Haverhill.
chinery, steam-engines, and all work connected with this
branch of business, in the town of Haverhill, 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.
Section 2. Said corporation may hold real and personal
84
654
1848.-
-Chap. 93—96.
Estate, real and estate, necessary and convenient for the purposes aforesaid,
personal, not to ^^^ exceeding in amount fifty thousand dollars. [Apjuoved
^60,000. bij the Governor^ April 5, 1S48.J
ChdV' 94. An Act to incorporate the Stockbridge Union 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 :
Section 1. Asa Perry, Marshall Warner, George War-
ner, their associates and successors, are hereby made a cor-
poration, by the name of the Stockbridge Union Manufac-
turing Cou)pany, for the purpose of manufacturing cotton
and woolen goods, and paper, in the town of Stockbridge,
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.
Section 2. Said corporation, for the purposes aforesaid,
may hold real and personal estate, not exceeding in value
two hundred thousand dollars. [App?oved by the Gov-
ernor, Aprils, 1848.]
For the manu-
facture of cot-
ton and woolen
goods, and
paper, in
Stockbridge.
Estate, real and
personal, not to
exceed
^1200,000.
Chap. 95.
For insurance
against loss by
fiie, on the mu-
tual principle,
for 23 years, in
Stockbridge.
Proviso.
Chap. 96.
Authorized to
add g 100,000
to capital stock.
Proviso,
An Act to incorporate the Mechanics and Farmers Mutual Fire Insurance
Company.
BE it enacted by the Senate and House of Representa-
tives, iti General Court assembled, and by the authority of
the same, as follows :
Charles M. Owen, Horatio Byington, Jonathan E. Field,
their associates and successors, are hereby made a corpora-
tion, by the name of the Mechanics and Farmers Mutual
Fire Insurance Company, in the town of Stockbridge, for
the term of twenty-eight years, for the purpose of insuring
dwelling-houses and other buildings, and personal property,
within this Commonwealth, against loss by fire, with all
the powers and privileges, and subject to all the duties, lia-
bilities, and restrictions, set forth in the thirty-seventh and
forty-fourth chapters of the Revised Statutes: provided,
that no policy shall be issued by this company until the
sum of one hundred thousand dollars shall be subscribed to
be insured. [Approved by the Governor, April 5, 1848.J
An Act to increase the Capital Stock of the Chicopee Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, aiid by the authority of
the same, as follows :
Section 1. The president, directors, and company, of
the Chicopee Bank, in Springfield, may increase their pres-
ent capital stock, by an addition thereto of one hinidred thou-
sand dollars, in shares of one hundred dollars each, which
shall be paid in such instalments as the president and di-
rectors of said bank may determine : provided, that the
1848. Chap. 96—98. 655
whole amount shall be paid in, on or before the first Monday
of April, in the year one thousand eight hundred and forty-
nine.
Section 2. The additional stock aforesaid, when paid Liabilities.
into said bank, shall be subject to the like lax, regulations,
restrictions, and provisions, to which the present capital
stock is subject.
Section 3. Before said corporation shall proceed to do Certificate to be
business upon said additional capital, a certificate, signed returned to the
I i / / o _ S6rr8tBrv oi In©
by the president and directors, and attested by the cashier, Commonwealth.
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth. [Approved by the Governor, April 5,
1848.]
An Act to increase the Capital Stock of the Agawam Bank. ChcLVn 97.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The president, directors, and company, of Authorized to
the Agawam Bank, in Springfield, may increase their pres- focam'ia'ifto^k,
ent capital stock by an addition thereto of one hundred
thousand dollars, in shares of one hundred dollars each,
which shall be paid in such instalments as the president
and directors of said bank may determine: p/ovided, that Proviso.
the whole amount shall be paid in, on or before the first
Monday of April, in the year one thousand eight hundred
and forty-nine.
Section 2. The additional stock aforesaid, when paid Liabilities.
into said bank, shall be subject to the like tax, regulations,
restrictions, and provisions, to which the present capital
stock is subject.
Sections. Before said corporation shall proceed to do Certificate to be
business upon said additional capital, a certificate, signed '"'''"^'''''^'"f'^?
11 ^-1 IT 11111- secretary of the
by the president and directors, and attested by the cashier, Commonwealth.
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth. [Appi^oved by the Governor, April 5,
1848.]
An Act relating to Town and Private Ways. Chctt). 98.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. When any town or private way shall be Inid When town or
out, altered, or widened, by selectmen or coiiniy conimis- }!,'jd oi^^&^.'*
sioners, they shall, in their report or return thereof, allow owners 'of land,
the owner of the land through which said way may pass, a ^'^'"fhaii have
reasonable time to take off his trees, fences, and other prop- time to remove
erty, which may obstruct the building of such way. pr'opeMy"^ °^^"
656 1848. Chap. 98—99.
What shall be SECTION 2. If Said owner shall not remove the same
awaiverofriKht withiii the time allowed for that purpose, he shall be
to remove, &c. deemed to have relinquished his right thereto for the benefit
of the town, if said way be a town way; and if said way
be a j)rivate way, for the benefit of such person or persons
as said selectmen or county commissioners shall determine.
Sameprovi- SECTION 3. If a jury shall be ordered to assess the dam-
sioiis in case of g^ggg joj^e by the location, alteration, or widening, of such
ordered.^ "° Way, they may extend the time for the owner of the land
to remove his trees, fences, and other property, as aforesaid ;
and if the owner shall neglect to remove the same within
such extended time, he shall be deemed to have relinquished
his claim thereto, as before provided. [Approved by the
Governor, April 5, 1848. J
Ohnt) 99 ^^ ^^^ '° incorporate the Ocean Mutual Health Insurance Company.
BE it enacted by the Senate and House of Representa-
tives, in General Coitrt assembled, and by the authority of
the same, as follows :
Corporation for SECTION 1. John L. Rogers, Sainuel Giles, Samuel Ste-
heahhinsur- ycns, their associatcs and successors, are hereby made a
311CG III 7 J
Gloucester. corporation, by the name of the Ocean Mutual Health In-
surance Company, to be established in the town of Glouces-
ter, for the purpose of making assurances upon health,
with all the powers and privileges, and subject to all the
duties, liabilities, and restrictions, set forth in the forty-
fourth chapter of the Revised Statutes, so far as the same
may be applicable to this corporation.
Capital stocii SECTION 2. The Capital stock of said corporation shall
ssVooo*^^^'^ not exceed fifty thousand dollars, and shall be divided into
' ' shares of twenty-five dollars each ; and there shall be paid
into the treasury of said corporation, by each subscriber to
Instalments, the capital stock, at the time of subscription, an instalment
orlecur^ed.^^"^ of five dollars on each share of the stock by him subscribed ;
and the remaining twenty dollars on each share so sub-
scribed shall, within thirty days from the time of such
subscription, be secured to be paid, by mortgage on real
estate, or by such endorsed promissory notes as shall be
approved by the directors of said corporation, and shall be
payable in thirty days after the demand shall have been
made in some newspaper printed in the town of Glouces-
ter, or in the county of Essex, or the same may be made
payable in regular instalments at stated periods, at the dis-
cretion of the directors.
Corporation not SECTION 3. Until four hundred shares shall have been
fuif powers un- Subscribed for, and until the instalment aforesaid shall have
til 400 shares of been actually paid in, and until the residue of such sub-
capital stock scriptions shall have been secured to be paid in the manner
are paid in or i • i ■ . n , • i
secured. stated. Said corporation shall have power to insure the
health of no persons excepting subscribers to the capital
1848. Chap. 99. 657
stock ; but after four hundred shares of said stock shall
have been subscribed for, and paid in, or secured, as re-
quired, the said corporation may exercise all the powers
and privileges conferred by this act.
Section 4. The capital stock of said corporation shall Capital stock,
be invested, at the discretion of the directors, either in loans '>ow to be in-
secured by mortgages on unincumbered real estate, of the
value of at least fifty per cent, more than the amount lent
thereon, or in stocks of the United States, or of the Common-
wealth of Massachusetts, of any bank in this Common-
wealth, or in loans to towns. Said corporation may hold Real estate not
real estate to an amount not exceeding ten thousand dollars, '° exceed
o SIO 000
for the purpose of securing suitable offices for the institu- ^ '
tion.
Section 5. The directors of said corporation shall, on Conpeming
the first Monday of June, annually, cause a statement to dividends.
be made, and a balance to be struck, of the affairs of said
corporation; and if there shall be any ascertained profits,
after paying all the losses and expenses of the year prece-
ding, and providing for outstanding risks, they shall first set
apart from said profits, and divide among the stockholders,
a sum not exceeding six per cent, per annum on the
amount of capital stock actually paid in, in proportion to
the amounts held by them respectively, if so much remain
after paying said losses and expenses, and providing for
said risks ; and in case said dividend shall not be paid in
any one year, it may be made good at a subsequent period,
when the net resources of the corporation shall be sufficient
for the purpose.
Section 6. After providing for risks, losses, and inci- Division of re-
dental expenses, and dividends, as is set forth in the prece- "taming profits.
ding section, one half of the remaining profits, if any there
be, shall be reserved by the directors and applied toward
the payment of the capital stock which shall have been
subscribed before the striking of the balance of the affairs of
said corporation, as aforesaid ; and the other inoiety of said
remaining profits may be divided among the stockholders
and the insured, one half among the stockholders, the other
half among the insured : provided^ however^ that said annual Proviso.
dividends, applications of payments on capital stock, and
divisions of profits among stockholders, shall never exceed
eight per cent, per annum on the capital stock actually paid
in ; but such surplus of profits over eight per cent., if any,
shall be divided among the insured. But no dividend what- Capital stock
ever shall be made, whereby the capital stock of said cor- J]",cg^ ^^ '^^"
poration, subscribed for and paid in, shall be reduced or
impaired.
ShXTioN 7. All dividends remaining unpaid more than ofdivifiends
one year after the same have been declared, shall be adver- rema'"'"?"^-
tised, by publishing the amount thereof, and the names of
658
1848.-
-Chap. 99.
Subscribers
maybe required
to effect insur-
ance.
Corporation
may bu sued.
W^itnesses.
Balance-slale-
meiit to be
made period-
ically.
To contain
amount of pre-
miums ;
do. of expenses ;
do. of losses ;
balance re-
maining ;
nature of se-
curities, amount
of cash, &c.
Copy to be re-
turned l« secre-
tary of Com-
monwealth.
the persons entitled thereto, for at least three weeks, in
some newspaper published in Gloucester; or, in case no
newspaper is published in Gloucester, then in some news-
paper pubUshed in the county of Essex; and if said divi-
dends shall not be called for within one year from the date
of such advertisement, they shall be forfeited to the corpo-
ration.
Section 8. The directors shall have power to require
every person subscribing to the stock of the corporation, to
effect insurance therein, either upon his own health or
upon the health of some other person, for such length of
time as they shall prescribe ; and every person effecting
insurance in said corporation, shall have the privilege of
subscribing for at least one share of said stock, until the
whole number of shares, authorized by this act, shall be
taken up. But insurance may be made and risks taken,
by said corporation, at the request of applicants, without
their becoming stockholders.
Section 9. Suits at law may be maintained by any
stockholder, or person insured, against said corporation, for
losses or damages insured against by them, if payment
shall be withheld more than thirty days after the same
shall be due and payable by the terms of the policy of in-
surance, and after said corporation shall have been duly
notified of such loss or damage ; and no stockholder, or
person insured, not being in his individual capacity a party
to such suit, shall be deemed incompetent as a witness.
Section 10. On some day within the first thirty days
after the expiration of two years from the time when the
said company shall issue their first policy, and within the
first thirty days after the expiration of every subsequent
period of three years, the directors of said company shall
cause to be made a general balance-statement of the affairs
of said company, which shall be entered in a book pre-
pared for that purpose. Such statement shall contain, first,
the amount of premiums received during the said period,
and the amount of interest received from investments and
loans; second, the amount of the expenses of said com-
pany during the same period ; third, the amount of losses
incurred within said term; fourth, the balance remaining
with said company ; fifth, the nature of the securities in
which the said balance is invested, and the amount of cash
on hand, and an account of the existing policies. The
president of the company shall, within thirty days after
such statement is completed, transmit a copy thereof, signed
and sworn to by the president and a majority of the direct-
ors, and also by the treasurer, actuary, or secretary, to the
secretary of the Commonwealth, to be by him laid before
the legislature.
Section 11. Nothing contained in this act shall be so
1848. Chap. 99—100. 659
construed, as to authorize said company to engage in life Risks not to be
insurance, or in any thing save assurance upon health; nor 'aten on hves ;
is it permitted to insure more than four hundred dollars per nor more than
annum on any one risk. [Ajjproved by the Governor^ April ^^ooonone
5, 1848.]
Aa Act to iacorporate the New London, Willimantic, and Palmer Kailroad z^-, -, r\p.
Corporation. ^tiup lUU.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Andrew W. Porter, Franklin Newell, Elisha Persons incor-
Converse, Sylvester Parks, William N, Flynt, their asso- P"'"ated.
ciates and successors, are hereby made a corporation, by the
name of the New London, Willimantic, and Palmer Rail-
road Corporation, with all the powers and privileges, and
subject to all the duties, liabilities, and restrictions, set forth
in the forty-fourth chapter of the Revised Statutes, and in
all that part of the thirty-ninth chapter of said statutes relat-
ing to railroad corporations, and in all other general laws
which have been, or shall be, passed, relative to railroad
corporations, in this Commonwealth.
Section 2. Said corporation may locate, construct, and K°"'« "^ '^^'i-
maintain, a railroad, with one or more tracks, from some
convenient point on the line of the Western Railroad, at or
near the depot of said railroad in the town of Palmer, by
the most convenient route, southerly, to and across the Chic-
opee River, near the dwelling-house of Rufus F. Fay ;
thence, southerly, near the Centre and North Factory Vil-
lage, and the West Branch Factory, in the town of Monson,
to a point on the southern line of the State, in said town,
near the premises of Cyrus Uunbar, with a view to unite
the said railroad with a railroad authorized by the legisla-
ture of Connecticut, from New London to the line of the
State of Massachusetts.
Section 3. The capital stock of said corporation shall Capital stock"
consist of not more than two thousand shares; the number «2oooc)o''in°
of which shall, from time to time, be determined by the shares of'^ioo.
directors of said corporation ; and no assessment shall be
laid thereon, of a greater amount in the whole than one
hundred dollars on each share ; and said corporation may
invest and hold such part thereof, in real and personal
estate, as may be necessary and convenient for the purposes
of their incorporation.
Section 4. Said corporation may enter upon, and unite May enter upon
their railroad, by proper turn-outs and switches, with the Western Raii-
Wo 1 J ^ • ^ ■ , road in Palmer,
estern Kailroad, at some convenient point at or near the
Palmer Depot in the town of Palmer, and may use the same,
under the provisions and restrictions of the laws relating to
railroads in this Commonwealth.
660
1848.
-Chap. 100.
Legislature may
authorize the
use of this road
by any other
company.
May reduce the
rates of fare
after five years.
Organization,
and location of
route J act when
void.
Union of this
corporation with
a similar cor-
poration in
Connecticut.
To act as one
corporation af-
ter union.
Proviso.
Section 5. The legislature may authorize any company
to enter with another railroad upon, and use, the said New
London, Willimantic, and Palmer Railroad, or any part
thereof, by complying with such reasonable rules and regu-
lations as the said New London, Willimantic, and Palmer
Railroad Corporation may prescribe, or as may be deter-
mined according to tlie provisions of law.
Section 6. The legislature may, after the expiration of
five years from the time when the said railroad shall be
opened for use, from time to time, reduce the rates of toll, or
other profits, upon said road ; but the same shall not be so
reduced, without the consent of said corporation, as to yield,
with said profits, less than ten per cent, per annum to the
stockholders.
Section 7. If said corporation shall not be organized,
and if the location of the route of said road shall not be
filed with the county commissioners of the county of Hamp-
den, within two years from the passage of this act, or if
said corporation shall fail to complete said road within four
years from the passage of this act, then this act shall be
void.
Section 8. The persons who shall become stockholders
in the New London, Willimantic, and Springfield Railroad
Company, incorporated by the legislature of the State of
Connecticut, in the year one thousand eight hundred and
forty-seven, may, by vote duly passed at a legal meeting,
and with the consent of the corporation hereby created, be-
come stockholders of said last-named corporation, and
thereupon said two corporations shall become united into
one corporation, by the name of the New London, Wil-
limantic, and Palmer Railroad Corporation, with a capital
not exceeding the amount of the joint capital of both cor-
porations ; and all the tolls, franchises, rights, powers, priv-
ileges, and property, granted or to be granted, acquired or
to be acquired, under the authority of the State of Connect-
icut or of this State, shall be held and enjoyed by all the
said stockholders, in proportion to their number of shares in
either or both of said corporations.
Section 9. After the said union shall have been 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 Connecti-
cut, on whom process against said corporation may, if the
legislature of the State of Connecticut shall concur in this
provision, be legally served in either state ; and said corpo-
ration shall be held to ansiwer within the jurisdiction where
such service shall be made, and where the process may be
returnable.
1848. Chap. 100. 661
Section 10. The share or shares of any stockholder, in Attachment of
said corporation, shall, if the legislature of the State of -^'^'■es.
Connecticut shall concur in this provision, be liable to at-
tachment, and to be taken on execution, in the State where
such stockholder shall reside at the time of the service of
such process : 'provided^ that the laws of such State au- Proviso.
thorize the attachment and taking on execution of such
property ; and an attested copy of such writ or execution,
and of the return of the officer thereon, shall, at the time
of such 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.
Section 11. Said corporation shall so make out and keep Distinctac-
an account of the expenditures on said road, from its com- counts of expen-
mencement to its completion, as clearly to exhibit what por- s'tate!^'" ^^*^
tion thereof may belong to that part of said road situated
in Massachusetts, and what portion to that part in Connect-
icut. And two commissioners may be appointed, one by Commissiouers.
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 pro-
portion of expenditures on said road, and of all expenses
attending its construction, maintenance, and use, and also
what proportion of the receipts and profits of said railroad,
shall properly appertain and belong to the portions of said
road in each State respectively. And the annual report,
required to be made by the directors to the legislature of
this Commonwealth, shall be approved by the said commis-
sioners.
Section 12. Said corporation, so far as their road may United corpora-
be situated in Massachusetts, shall be subject to the general ijon subject to
laws of this State, to the same extent as if their road were Massachusetts,
wholly therein. how far.
Section 13. This act shall take effect from and after its This act, how
passage: provided, that the eighth, ninth, tenth, and and when to
eleventh 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 in each State shall have been
accepted by the stockholders of each of said corporations, at
meetings duly called for the purpose ; nor until the same
shall have been accepted by the stockholders of said united
corporation, at a meeting called for the purpose, at which
meeting they may ratify and confirm all or any of their for-
mer doings, and may adopt them as the acts and doings of
said united corporation. \ Approved by the Governor, April
10, 1848.J
85
662
1848.
■Chap. 101—102.
ChaplOL
Persons incor-
porated.
For the encour-
agement of ag-
riculture, &c. in
Great Barriiig-
lon.
Estate, real and
personal, not to
exceed $15,000
of each.
Chap 102.
Corporators.
Capital Stock
not to exceed
§250,000.
Shares §100.
To construct a
■road from
Amherst to
Northampton
or southerly
part of Hat-
field.
An Act to incorporate the Housatonic Agricultural Society.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloius :
Seth Norton, Edward P. Woodworth, Gilbert Munson,
their associates and successors, are hereby made a corpora-
tion, by the name of the Housatonic Agricultural Society, for
the encouragement of agriculture and the mechanic arts, by
premiums and other means, in the town of Great Barring-
ton, in the county of Berkshire, with all the powers and
privileges, and subject to all the duties, liabilities, and re-
strictions, set forth in the forty-second and forty-fourth chap-
ters of th« Revised Statutes, and in all subsequent acts con-
cerning agricultural societies. And said corporation may
hold and manage real estate not exceeding in value fifteen
thousand dollars, and personal estate not exceeding the
same sum, for the purposes aforesaid, any provisions of law
to the contrary notwithstanding. l^Ajyj^roved by the Gov-
erfior, April 10, 1848.]
An Act to incorporate the Amherst Branch Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court asse?nbled, and by the authority of
the same, as follows :
Section 1. Samuel L. Hinckley, John Dickinson, Junior,
Jason Stockbridge, their associates and successors, are here-
by made a corporation, by the name of the Amherst Branch
Railroad Company, with all the powers and privileges, and
subject to all the duties, liabilities and restrictions, set forth
in the forty-fourth chapter of the Revised Statutes, and in
that part of the thirty-ninth chapter of said statutes which
relates to railroad corporations, and in all general laws
which are noAV, or may be hereafter, in force relating to
railroad corporations in this Commonwealth,
Section 2. The capital stock of said company shall not
exceed two thousand five hundred shares, the number of
which shall be determined, from time to time, by the direct-
ors thereof; and no assessments shall be laid thereon, of a
greater amount in the whole than one hundred dollars on
each share ; and said company may purchase and hold such
real and personal estate as may be necessary for the pur-
poses of their incorporation.
Section 3. The said company may locate, construct and
maintain a railroad, with one or more tracks, from some
convenient point in the town of Amherst, within half a
mile of Amherst College, through the town of Hadley, to
some point on the Connecticut River Railroad in North-
ampton, or in the southerly part of Hatfield ; and said com-
pany are empowered, for the purposes of said railroad, to
construct and maintain a bridge across the Connecticut Riv-
1848.' Chap. 102—103. 663
er, at any point between the Northampton Bridge and tlie
site of the old Hatfield Bridge.
Section 4. The said company may enter upon and unite Raiiron.i to be
their railroad with the Connecticut River Railroad, at any coi'^eciicui'''^
point within the town of Northampton, or in the southerly River Railroad.
part of Hatfield, as is provided in the third section of this
act, not interfering with the depot buildings of said Con-
necticut River Railroad, and may use the same, or any part
thereof, upon such terms as may be mutually agreed upon
between the said corporations, or as are, or may be, pre
scribed by law.
Section 5. If the said company be not organized, and if Locaiion lo be
the location of their said road be not filed, according to law, '^[fg^j.^gig" ^^'^
within the year one thousand eight hundred and forty-nine, Road to be
and if said railroad be not completed and opened for use jT'^^'^'ji'Z
within eighteen months thereafter, then this act shall be "^ *'
void.
Section 6. The legislature may, from time to time, alter Legislature
or reduce the rate of tolls or other profits on said road ; but ["fj^ '^^*^"^*'
said tolls or other profits shall not, without the consent of
said company, be so reduced as to yield less than ten per
cent, per annum to the stockholders.
Section 7. The company hereby established, by a vote of This corpora-
its stockholders, at a meeting called for ihat purpose, may tion may be-
1 I'-.ii j-^ ■ ^ rt- n •] 1 /^ come united
become united With the Connecticut River Kailroad Com- with the Con-
pany : provided, that the stockholders of the Connecticut neciicut River
River Railroad Company, at a meeting called for that pur- ^"^"^ °'^^'
pose, shall agree to the same. And when such union shall
have been made, said corporations so united shall have, pos-
sess, and hold, all the property, rights, privileges and fran-
chises, and be subject to all the duties, restrictions and lia-
bilities, which said corporations so united had enjoyed and
been subject to under their respective charters, and shall
bear the name of the Connecticut River Railroad Company.
Section 8. This act shall take efiect from and after its
passage. [Approved by the Governor^ Ajjril 10, 1848.]
An Act to incorporate the Society of Boston and vicinity, for the aid of /^A„^ in"^
German Immigrants. t/«ajW ^JO.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Bernard Roelker, F. A. Hirsch, and C. H. F. Persons ineo?-
Moring, their associates and successors, are hereby made a poraied.
corporation by the name of the Society of Boston and vicin-
ity, for the aid of German immigrants, to be established in Fortheaido?
the city of Boston, for the purpose of rendering assistance German imnoi-
to German immigrants arriving in the port of Boston, and ^''^" ^"
of giving aid to those German immigrants who, from sick-
ness or utter destitution, might become a charge upon the
664 1848. Chap. 103—106.
public, and also of protecting them from imposition ; with
all the powers and privileges, and subject to all the duties,
liabilities and restrictions, set forth in the forty-fourth chap-
ter of the Revised Statutes.
Personal estate SECTION 2. Said corporation may hold personal estate to
j:3,ooo. ^Yie amount of three thousand dollars.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor^ Ajjril 10, 1848.]
Chap 104. An Act concerning the Hampshire and Franklin Railroad Corporation.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as follows :
Time for con- SECTION 1. The time fixed by the original act incorpo-
structing road rating the Hampshire and Franklin Railroad Corporation,
Feb."is\ 1849. for the construction of said railroad, is hereby extended
one year from the first day of February next.
To be accepted SECTION 2. This act shall be void, uuless it shall be ac-
bystockhoiders, cepted bv a malority of the stockholders in said corpora-
otherwise the .^ •' J •; 11 111/-. 1^ -.1 •
act to be void, tion, at a meetmg legally held tor that purpose, within
ninety days from the passage of this act.
Section 3. This act shall take eflfect from and after its
passage. [Approved by the Governor, April 10, 1848.]
Phnn 1 0*1 -^"^ ^^"^ giving further time to the President, Directors, and Company, of the
K/flap lUJ. 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 :
The president, directors and company, of the Bank of
Norfolk, are hereby continued a body corporate, for the period
Time extended of two years from the twenty-fourth day of April in the
to April 24, year oue thousand eight hundred and forty-eight, with all
^^^' the powers and privileges, and subject to the limitations, set
fortli in the seventh section of the forty-fourth chapter of
the Revised Statutes. [Approved by the Governor, April 13,
1848.]
Chan 106 -^"^ ■^^'^ concerning the Barre and Worcester Kailroad 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 :
Time for loca- SECTION 1. The time within which the Barre and Worces-
tion extended ^^j, Railroad Company may file the location of their rail-
to January 1, T-, , ^t'^TI/'.I C T
1849. road, is hereby extended to the first day ot January next.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, Ajjril 14, 1848.]
1848. Chap. 107—108. 665
An Act to establish the Harvard Branch Railroad. Chap 107.
BE it enacted by the Senate and House of Rcpresenta-
th'es, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. William L. Whitney, Samuel Batchelder, Corporators.
Oliver Hastings, their associates and successors, are hereby
made a corporation, by the name of the Harvard Branch
Railroad Corporation, with all the powers and privileges,
and subject to all the duties, liabilities, and restrictions, set
forth in the forty-fourth chapter of the Revised Statutes,
and in that part of the thirty-ninth chapter thereof relating
to railroad corporations, and in all other general laws which
have been, or shall hereafter be, passed, relative to railroad
corporations.
Section 2. Said corporation is hereby authorized and Road to be
, , 1 1 ■ i • -1 J constructed
empowered to locate, construct, and maintain a railroad, from Somerviiie
with one or more tracks, from some convenient point on the 1° Cambridge.
Fitchburg Railroad, near the bieachery, in Somerviiie, to
some convenient point near the Common, in Cambridge :
provided, that said railroad shall pass between the house of
John G. Palfrey and Divinity Hall.
Section 3. The capital stock of said corporation shall ^4^Qoo^'°*^'''
not exceed four hundred shares, the number of which shall fhares,/ioo.
be determined, from time to time, by the directors of said
corporation ; and no assessments shall be laid thereon, of a
greater amount, iu the whole, than one hundred dollars on
each share ; and the said corporation may purchase and
hold such real estate as may be necessary for the purposes
of their incorporation.
Section 4. If the location of said road be not filed i-oeation to be
within one year, and if said railroad be not constructed ye^ar!"road to
within two years, from the passage of this act, then this be finished
^ ,,,,•' J ' ^ ° within two
act shall be void. years.
Section 5. Said corporation are hereby authorized to p^anchise &c.
dispose of their franchise, and all their rights under this may be sold to'
act, to the Fitchburg Railroad Company, on such terms as J^JaJcomp^ny'
shall be agreed upon by the said corporations respectively.
And if said Harvard Branch Railroad Corporation shall
thus transfer its franchise and rights to the Fitchburg Rail-
road Company, the said Fitchburg Railroad Company are
hereby authorized to increase their capital stock by the sum
of forty thousand dollars.
Section 6, This act shall take effect from and after its
passage. \Approved by the Governor, April 17, 1848.]
An Act to incorporate the Newton Bank. ChUT) 108.
BE it enacted by the Senate and House of Represejita-
tlves, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. William Jackson, J. H. Richardson, Lemuel
666
1848.
-Chap. 108—110.
Corporation for
a bank in New-
ton, until 1851,
Octobej 1st.
Capital stock,
5100,000;
shares ,glOO.
Transfer of
stock.
Chap 109.
Corporation in
Boston to con-
tinue till Octo-
ber 1, 1851.
Capital stock
^250,000 ;
shares glOO.
Stock transfera-
ble only at
banking-house.
Chap no.
Corporation in
Barre, to con-
tinue till Octo-
ber 1,1851.
Crehore, their associates and successors, are hereby made
a corporation, by the name of the President, Directors, and
Company, of the Newton Bank, to be located in the vicinity
of Newton Corner, so called, in the town of Newton ; and
to continue a corporation until the first day of October, in
the year one thousand eight hundred and fifty-one ; and
shall be entitled to all the powers and privileges, and be
subject to all the duties, restrictions, and liabilities, set forth
in the public statutes of this Commonwealth relative to
banks and banking.
Section 2. The capital stock of said bank shall consist
of one hundred thousand dollars, to be divided into shares
of one hundred dollars each, to be paid in such instalments,
and at such times, as the stockholders may direct: provided,
that the whole be paid in, on or before the first Monday in
April, in the year one thousand eight hundred and forty-nine.
Section 3. The stock of said bank shall be transferable
only at its banking-house, and in its books. [Appi'oved hy
the Governor, April 17, 1848.]
An Act to incorporate the Grocers' Bank.
BB it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Samuel G. Reed, Ephraim Lombard, Wins-
low Whittemore, their associates and successors, are hereby
made a corporation, by the name of the President, Direct-
ors, and Company, of the Grocers' Bank, to be located in
the city of Boston, and to continue a corporation until the
first day of October, in the year one thousand eight hun-
dred and fifty-one; and shall be entitled to all the powers
and privileges, and be subject to all the duties, restrictions,
and liabilities, set forth in the public statutes of this Com-
monwealth relative to banks and banking.
Section 2. The capital stock of said bank shall consist
of two hundred and fifty thousand dollars, to be divided into
shares of one hundred dollars each; to be paid in such in-
stalments, and at such times, as the stockholders may direct:
provided, that the whole be paid in, on or before the first
Monday in April, in the year one thousand eight hundred
and forty-nine.
Section 3. The stock of said bank shall be transferable
only at its banking-house, and in its books. [Aj)proved by
the Governor, April 17, 1848.]
An Act to incorporate the Bank 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 :
Section 1. Edward Denny, J. W. Jenkins, Jr., Jason
Gorham, their associates and successors, are hereby made a
1848. Chap. ilO— 112. 667
corporation, by the name of the President, Directors, and
Company, of the Bank of Barie, to be located in the town
of Barre, and to continue a corporation until the first day of
October, in the year one thousand eight hundred and fifty-
one; and shall be entitled to all the powers and privileges,
and be subject to all the duties, restrictions, and liabilities,
set forth in the public statutes of this Commonwealth rela-
tive to banks and banking.
Section 2. The capital stock of said bank shall consist Capital stock
of one hundred thousand dollars, to be divided into shares ^''^^'^^^fon
of one hundred dollars each, to be paid in such instalments, '" '
and at such times, as the stockholders may direct: pro-
vided, that the whole be paid in, on or before the first Mon-
day in April, in the year one thousand eight hundred and
forty-nine.
Section 3. The stock of said bank shall be transferable Transfer of
only at its banking-house and in its books. {Approved by ^^^'^^'
the Governor, April 17, 1848.]
An Act to increase the Capital Slock of the M.ilk Row Bleachery Company, ChctV 111.
and to alter the Name of said 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 :
Section 1. The Milk Row Bleachery Company are hereby Capital stock
authorized to increase their capital stock, by adding thereto 030^000^
the sum of fifty thousand dollars, so that the whole capital
stock of said corporation may amount to the sum of one
hundred thousand dollars.
Section 2. The name of said corporation is hereby Name altered,
altered to the Somerville Dyeing and Bleaching Company.
[Approved by the Governor, April 17, 1848.]
An Act to incorporate the Cheshire Iron Works. ChdT) 112
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Section 1. James N. Richmond, George M. Wells, Rus- Persons incor-
sell C. Brown, their associates and successors, are hereby P*"'*'^'^'
made a corporation by the name of the Cheshire Iron Works,
for the purpose of manufacturing iron in the town of Cheshire; To manufacture
with all the powers and privileges, and subject to all the iron in Cheshire,
duties, restrictions and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may, for the purpose afore- Estate, real and
said, hold real and personal estate, not exceeding in value personal, not to
two hundred thousand dollars. [Approved by the Governor^ $200^000.
April 17, 1848.] .
668
1848.-
■Chap. 113—114.
Chap lis.
Persons incor-
porated.
To manufacture
cotton and
woolen goods
in Wales.
Estate, real and
personal, not to
exceed g50,000.
ChaplU.
Corporators.
To construct a
railroad within
the town of
Billerica.
Capital slock
560,000.
Road may be
united with Bos
An Act to incorporate the Shaw Manufacturing Company.
BE it e7iacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. Warren Shaw, Elijah Shaw, Esek Luther,
their associates and successors, are hereby made acorporation,
by the name of the Shaw Manufacturing Company, for the
purpose of manufacturing cotton and woolen goods in the
town of Wales, with all the powers and privileges, and sub-
ject to all the duties, restrictions and liabilities, set forth in
the thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Section 2. Said corporation, for the purposes aforesaid,
may hold real and personal estate not exceeding in value
fifty thousand dollars. [Approved by the Governor, April
17, 1848.]
An Act to incorporate the Billerica Branch Railroad 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 :
Section 1. Marshall Preston, John Baldwin, and Joshua
Bennett, their associates and successors, are hereby made a
corporation, by the name of the Billerica Branch Railroad
Company, with all the powers and privileges, and subject
to all the duties, restrictions, and liabilities, contained in the
forty- fourth chapter of the Revised Statutes, and in that
part of the thirty-ninth chapter of said statutes relating to
railroad corporations, and in all general laws which are
now, or may be hereafter, in force respecting railroads in
this Commonwealth.
Section 2. The said corporation is hereby authorized to
locate, construct, and maintain, a railroad within the town
of Billerica, in the county of Middlesex, commencing at
some convenient point on the Boston and Lowell Railioad,
at or near the Billerica and Tewksbury Depot, so called,
and thence running, in a south-westerly direction, to some
suitable point for a depot, at or near the First Parish meet-
ing-house, in the centre of said town of Billerica.
Section 3. The capital stock of said corporation shall
consist of not more than five hundred shares of one hun-
dred dollars each, the number of which shall be determined,
from time to time, by the directors of said corporation ; and
the said corporation may take, purchase, and hold, such real
estate, on the line of said railroad, and may purchase and
hold such cars, engines, and other personal property, as may
be necessary and convenient for the purposes of their incor-
poration.
Section 4. The corporation hereby established, may
enter upon, and unite their railroad, by proper turnouts and
1848. -Chap. 114—115. 669
switches, with the Boston and Lowell Railroad, at some ton and Lowell
convenient place in said Billerica, and use said Boston and Rai'^oad.
Lowell Railroad, or any part thereof, by complying with
such reasonable rules and regulations, as said Boston and
Lowell Railroad Corporation may prescribe, or as may be
determined according to the provisions of law.
Section 5. The legislature may authorize any corpora- Legislature
tion to enter, with another railroad, upon and use the said ^no^ther*taii'rold
Billerica Branch Railroad, or any part thereof, by comply- to use, &c.
ing with such reasonable rules and regulations as the Bille-
rica Branch Railroad Corporation may prescribe, or as may
be determined according to the provisions of law.
Section 6. The legislature may, after the expiration of May alter or
four years from the time when said railroad shall be opened ^^uce the tolls,
for use, from time to time, alter or reduce the rate of tolls,
or other profits, upon said railroad ; but the said tolls or
profits shall not, without the consent of said corporation, be
so reduced, as to produce less than ten per cent, per annum
upon the investment of said corporation.
Section 7. If said corporation be not organized, and the Location to be
location of their road filed with the county commissioners ^'ed within two
/•I -1 r Kir- ^ -l^ ■ i ■ r j'ears, and road
of the said county of Middlesex, withm two years from the completed with-
passing of this act, and if their said road shall not be con- '" *'"'^® y^^""^-
structed within three years from said time, this act shall be
void.
Section 8. Said Billerica Branch Railroad Corporation The corporation
are hereby authorized and empowered to transfer their rights, {][5err rrHtl^ &,c
privileges, and franchise, under this charter, to the Boston to the Boston
and Lowell Railroad Corporation; and said Boston and ?."*?. ^"^^Ji
Lowell Railroad Corporation are hereby authorized to re- poration.
ceive 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 purpose, the Boston and
Lowell Railroad Corporation may increase their capital
stock to the amount of fifty thousand dollars.
Section 9. This act shall take effect from and after its
passage. [Approved by the Governor, April 18, 1848.J
An Act to change the Name of the Catholic Congregational Church and f^hf/^n 1 1 fj
Society in the Second Precinct in the town of Rehoboth. \yilu_p llO.
BE it enacted by the Senate and House of Representa-
tives, ill General Court assembled, and by the authority of
the same, as follows :
Section 1. The Catholic Congregational Church and To take the
Society in the second precinct in the town of Rehoboth, in- name of the
corporated on the nineteenth day of June, in the year one chufch^a^nd"^
thousand seven hundred and ninety-two, shall be known ^"^'"^Jy '» K«-
and called by the name of the Congregational Church and "^""^ ''^
Society in Rehoboth, and as such shall hold and possess all
the property, and be entitled to all the rights and privileges,
86
hobolh.
670 1848. Chap. 115—118.
Rights and lia- and be subject to all the liabilities, of said Catholic Congre-
biiiiies. gational Church and Society, in the second precinct in the
town of Rehoboih.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor^ April 18, 1848. j
ChdT) 1 16 ^^ ^^^ relating to the Alewive Fishery in the North River.
BE it enacted by the Seiiate and House of JRepresejita-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Clause of for- SECTION 1. So much of the act passed February twenty-
meract, pre- fifth, in the year one thousand eight hundred and fifteen, as
fenl^i'hff^seines Prescribes the length of seines to be used in the North River
repealed. ' in the taking of alewives, be and the same is hereby re-
Proviso. pealed : provided, however, that the legal rights of any per-
sons and corporations, who may have commenced suits under
the provisions of the law hereby repealed, shall remain the
same as before the passage of this act.
Section 2. This act shall take efiect from and after its
passage. [Approved by the Governor, April 18, 1848.]
Ohnrt 117 ^^ ^^"^ ^'^ incorporate the Fall River Print Works.
* BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Corporation for SECTION 1. David Anthony, William Coggeshall, Wil-
ihe priming of ham R. Rodmau, their associates and successors, are hereby
woo°en^goods in made a Corporation, by the name of the Fall River Print
Fall River. Works, for the purpose of printing cotton and woolen goods
in the town of Fall River, with all the powers and privi-
leges, and subject to all the duties, restrictions, and liabili-
ties, set forth in tlie thirty-eighth and forty-fourth chapters
of the Revised Statutes.
Estate, real and SECTION 2. Said Corporation may, for the purpose afore-
personai not said, hold real and personal estate, necessary and convenient
§500,000. therefor, not exceeding, in amount, five hundred thousand
dollars. [Approved by the Governor, April 18, 1848.]
Chnn ^^R -^^^ -^^"^ '° incorporate the Wanalancet Iron and Tube 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 :
Corporators. SECTION 1. Jamcs J. Walworth, Leavitt Nason, Nath-
aniel G. Eliot, their associates and successors, are hereby
made a corporation by the name of the Wanalancet Iron
To manufacture ^^d Tubc Company, for the purpose of manufacturing arti-
ariicies of iron, clcs of irou, brass, and tin, in the town of Maiden; and for
Maiden"'*""'" ^^^^ purpose shall have all the powers and privileges, and be
subject to all the duties, restrictions, and liabilities, set forth
1848. Chap. 118—121. 671
in the thirty-eighth and forty-fourth chapters of the Re-
vised Statutes.
Section 2. Said corporation may hold, for the purposes Estate, real and
aforesaid, real and personal estate, not exceeding in value exceed'* '""' ^°
the sum of two hundred thousand dollars. [Approved by ^'200,ooo.
the Governor, April 18, 1848.]
An Act to repeal certain Provisions of Law in relation to the Small-Pox. dicip 119.
JBJB it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. So much of the first and second sections of Repeal,
the two hundred and forty-fourth chapter of the acts of the
year one thousand eight hundred and thirty-seven, as re-
lates to the small-pox, is hereby repealed.
Section 2. This act shall not have the effect to revive Former laws not
any statute law heretofore existing, in reference to the *" ''^ '■^^'^^'*-
small-pox. [Approved by the Governor, April 18, 1848. J
An Act concerning the Hancock Free Bridge Corporation. CIlttD 120.
BE it e?iacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
The Hancock Free Bridge Corporation are hereby au- Authorized to
thorized to repair the avenues to the West Boston Bridge '■^P,'i7^.^o""?^
1 „ 1 T-» • 1 1111 1 1 1 , ~ to West lioston
and Canal Bridge, and the bridges thereon, that have here- and Canai
tofore been maintained by the respective corporations to ^"«^ges.
which said bridges heretofore belonged, as far as the direct-
ors of said Hancock Free Bridge Corporation shall deem
such repairs expedient, for the purpose of promoting the
travel over said West Boston Bridge and said Canal
Bridge; and any expenses heretofore incurred by said cor-
poration, in such repairs, for such purpose, are hereby
sanctioned and allowed: provided, that this act shall not be Proviso.
construed to increase or diminish, or in any way affect, the
legal liability of said Hancock Free Bridge Corporation to
repair and maintain such avenues and bridges thereon.
[Approved by the Governor, April 18, 1848.]
An Act relating to Annual Meetings of Banks. CflOT) 121.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. If, from any cause, the name of any bank or Annual Meet-
banks shall be omitted in the Bank Abstract published bv '"ss o^ '?an''s
r "milled in the
the secretary ot the Commonwealth, the annual meeting of Bank Abstract,
such bank or banks, for the year following such omission,
shall be held in the order of the dates of their charters, on
the day or days succeeding that on which the annual meet-
672
1848.-
■Chap. 121—123.
Doings at annu-
al meeting held
in November,
1847, declared
valid.
Modification of
provisions in
former acts on
this subject.
ing of the bank last named in said abstract shall have taken
place.
Section 2. The doings of any bank in this Common-
wealth, at an annual meeting held in the month of Novem-
ber, in the year one thousand eight hundred and forty-seven,
shall be held good and valid, in the same manner as if said
meeting had been held in the month of October, in the same
year.
Section 3. So much of the first section of the one hun-
dred and ninety-sixth chapter of the acts passed in the year
one thousand eight hundred and thirty-eight, as is inconsist-
ent with the tenth section of the ninety-third chapter of the
acts passed in the year one thousand eight hundred and
forty-three, is hereby repealed. [Approved by the Governor,
April 18, 1848.]
Chap 122.
Authorized to
change location
of bridge.
An Act in addition to " An Act to incorporate the Proprietors of the North-
field Bridge."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled., and by the authority of
the same, as follows :
Section 1. The second section of the one hundred and
thirty-third chapter of the statutes of the year one thousand
eight hundred and forty-six, is hereby so far amended, as to
authorize and empower said proprietors to erect and main-
tain said bridge in said town of Northfield, at any con-
venient point between the mouth of Mill Brook and the
dwelling-house of George Holton, standing on the west
bank of Connecticut River.
Section 2. The said proprietors are hereby authorized
and empowered to assign and transfer their franchise, with
all the rights, privileges, and immunities, secured to them
by their act of incorporation, passed on the twentieth day
of March, in the year one thousand eight hundred and
forty-six, and this act, to the Vermont and Massachusetts
Railroad Company; and said Vermont and Massachusetts
Railroad Company are hereby authorized and empowered
to receive said assignment and transfer, and shall have all
the powers and privileges, and be subject to all the duties,
liabilities, and restrictions, contained in this act, and in the
act to which this is additional.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 18, 1848. J
An Act relating to Fees of Witnesses in certain cases.
BE it enacted by the Seriate arid House of Representa-
tives, in General Court assetnbled, and by the authority of
the same, as follows :
Fees of witness- To each person attending as a witness in any case, be-
es before county fuj-e the county commissioners of any county, or before any
To transfer
franchise, &c.,
to Vermont and
Massachusetts
Railroad Com-
pany.
Chap\23.
1848. Chap. 123—124. 673
jury, summoned to assess damages under chapters twenty- commissioners,
four, thirty-nine, and one hundred and sixteen, of llie ^^^J|""y'° as-
Revised Statutes, and all acts in addition thereto or in ^^^ images,
amendment thereof, there shall be paid, for his attendance,
one dollar each day, and four cents a mile for his travel out
and home; and all acts, and parts of acts, heretofore passed,
inconsistent herewith, are hereby repealed. [Approved by
the Governor, April 18, 1848. J
An Act to incorporate the Lowell Traders' and Mechanics' Mutual Fire Insu- rihn'n 1 9A
ranee Company. O/m// iz--*.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, a?id by the authority of
the same, as follows :
Section 1. Thomas Hopkinson, Thomas Nesmith, An- Persons Incor-
drew C. VVheelock, their associates and successors, are Pirated,
hereby made a corporation, by the name of the Lowell
Traders' and Mechanics' Mutual Fire Insurance Company,
for the purpose of insuring dwelling-houses and other build- For mutual fire
ings, and personal property, within this Commonwealth, 'ihe"c<"mmo"-'"°
against loss by fire, with all the powers and privileges, and wealth,
subject to all the duties, liabilities, and restrictions, set forth
in the thirty-seventh and forty-fourth chapters of the Re-
vised Statutes.
Section 2. All property insured by said company shall Two classes of
be divided, by the directors of said company, into two dis- '■'^'^*-
tinct and separate classes. In the first class shall be insured
the less hazardous description of property, and in the sec-
ond class shall be insured the more hazardous description of
property. The policy of each member of the company
shall designate the class of risks with which he is asso-
ciated: the premiums and deposit notes of each class, and
the assessments for which members may become liable,
shall be held and assessed to pay the losses occurring in the
class to which they belong, and no other. The general Apportionment
expenses of the company, not strictly applicable to either of general
class, shall be apportioned to each class, according to the ^^p^"*^'-
amount insured in each.
Section 3. In any division of the funds of the corpora- Funds how di-
tion, and iu all returns of premiums and deposits, each ^'^'^'^ '" '■«'""-
cncG to 11)6 two
member shall only be entitled to receive his proportional classes of risks.
part of the funds belonging to the class of policies with
which he is associated.
Section 4. No policy shall be issued by this company, when policies
in either class, until the sum of one hundred thousand dol- may be issued,
lars shall be subscribed, to be insured in said class, [Ap-
proved by the Governor, April 20, 1848.]
674 1848.— Chap. 125—127.
Chap 1 25. -^^ ^^'^ *° increase the Capital Stock of the People's 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 :
Capital stock SECTION 1. The president, directors, and company, of
550*000. ^^^'^ People's Bank, in Roxbiiry, are hereby authorized to
increase their present capital stock by an addition thereto
of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
Proviso. dent and directors of said bank may determine : provided,
that the whole amount shall be paid in, on or before the
first Monday in February next.
Liabilities. SECTION 2. The additional stock aforesaid, when paid
into said bank, shall be subject to the like tax, regulations,
restrictions, and provisions, to which the present capital
stock of said corporation is now subject.
Certificate to be SECTION 3. Before Said corporation shall proceed to
sec"eia^ry '"nhe ^^ busiuess upou Said additional capital, a certificate,
Coinrnouweaiiii. signed by the president and directors, and attested by the
cashier, under oath, that the same has been actually paid
into said bank, shall be returned into the office of the sec-
retary of the Commonwealth. [Aj)j)roved by the Governor,
April 20, 1848.]
ChaD 126. ^'^ '^^^ ^^ incorporate the Watuppa Manufacturing Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Corporators. SECTION 1. William R. Rodmau, David Anthony, Wil-
liam L. Lincoln, their associates and successors, are hereby
made a corporation, by the name of the Watuppa Manu-
For the manu- facturiug Company, for the purpose of manufacturing cot-
factiimi^oi cot- jq|-^ cloth iu the town of Fall River, and, for this purpose,
ton clolh, 111 , , , , ,11 1 . i , , 1 •
Fall River. 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.
Capital stock SECTION 2. Said Corporation may hold, for the purpose
5ri5o'ooo^^'^ aforesaid, real and personal estate, and their whole capital
stock shall not exceed one hundred and fifty thousand dol-
lars. [Approved by the Governor, April 20, 1848.J
Chctn 127 ^"^ ^^^ ^° incorporate the Bliss 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 :
Corporators. SECTION 1. William A. Crockcr, Silas Shepard, Albert
Barrows, their associates and successors, are hereby made
a corporation, by the name of the Bliss Manufacturing
Company, for the purpose of manufacturing cotton cloth,
1848. Chap. 127—128. 676
and paper, in the town of Taunton, with all the powers Forthemanu-
and privileges, and subject to all the duties, restrictions, and ||",|",*"][^,,°' ^^j"
liabilities, set forth in the thirty-eighth and forty-fourth paper, iu'
chapters of the Revised Statutes.' Taumon.
Section 2. Said corporation may hold, for the purposes Estate, real and
aforesaid, real and personal estate, to the amount of forty •i^Q^'y'.
thousand dollars, and the whole capital stock of said com- capiiai stock,
pany shall not exceed the sum of one hundred and twenty- not to exceed
five thousand dollars. [Approved by t/ie Governor^ April '
20, 1S48.J
An Act to incorporate the Chebacco Branch Kailroad Company. Chov 128
JBE it enacled by the Senate a7id House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. John Choate, Francis Burnham, Adam Boyd, Corporators.
Ebenezer Burnham, and David Choate, their associates and
successors, are hereby made a corporation, by the name of
the Chebacco Branch Railroad Company, with all the pow-
ers and privileges, and subject to all the duties, restrictions,
and liabilities, contained in the forty-fourth chapter of the
Revised Statutes, and in that part of the thirty-ninth chap-
ter of said statutes relating to railroad corporations, and in
all general laws which are now, or may be hereafter, in
force, respecting railroads, in this Commonwealth.
Section 2. The said corporation is hereby authorized to To construct a
locate, construct, and maintain a railroad, extendino: from ""aiiroad, irom
• 1 <-, r» ■ 1 II 1 T-? , tlie town of
some point near the Orreat Bridge, so called, or r oster s Essex, to
Bridge, so called, in Essex, in the county of Essex, in a Jp-^w.ch and
^ , -, . . ' ' . .•' ^ . ' . Hamilton.
westerly direction, to some convenient point of intersection
with the Eastern Railroad, near the twenty-second mile-
post from Boston, in the towns of Ipswich or Hamilton.
Sections. The capital stock of said corporation shall Capital stock
consist of not more than five hundred shares, of one hun- |50^00j shares
dred dollars each, the number of which shall be determined,
from time to time, by the directors of said corporation ; and
the said corporation may take, purchase, and hold, such
real estate, on the line of said railroad, and may purchase
and hold such cars, engines, and other personal property,
as may be necessary and convenient for the purposes of
their incorporation.
Section 4. The corporation hereby established may en- Maybe united
ter upon, and unite their railroad, by proper turnouts and "*^''V''f) ^^d "
switches, with the Eastern Railroad, at the point of inter- "" ^'^°* '
section therewith mentioned in the second section, by com-
plying with such reasonable rules and regulations as said
Eastern Railroad Corporation may prescribe, or as may be
determined according to the provisions of law. ' ^e isiature
Section 5. The legislature may authorize any corpora- may auihorize
tion to enter with another railroad upon, and use, the said ofhercom ^an -
676
1848.-
-Chap. 128—130.
Location and
completion of
road.
May transfer
its property to
Eastern Rail-
road Corpora-
tion,
Legislature
may reduce
tolls, &c.
Chebacco Branch Railroad, or any part thereof, by com-
plying with such reasonable rules and regulations as the
Chebacco Branch Railroad Corporation may prescribe, or
as may be determined according to the provisions of law.
Section 6. If said corporation be not organized, and the
location of their road filed with the county commissioners
of the said county of Essex, within two years from the
passing of this act, and if the said road shall not be con-
structed within three years from said time, this act shall be
void.
Section 7. The said corporation is hereby authorized
and empowered to transfer all its property, rights, privi-
leges, and franchise, under this charter, to the Eastern Rail-
road Corporation ; and the said Eastern Railroad Corpora-
tion 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 purpose, the Eastern Railroad Company may increase
their capital stock to the amoimt of fifty thousand dollars.
Section 8. The legislature may, after the expiration of
four years from the time when said railroad shall be opened
for use, alter or reduce the rate of tolls or other profits upon
said railroad ; but the tolls or profits shall not, without the
consent of said corporation, be so reduced as to produce
less than ten per cent, per annum upon the investment of
said corporation.
Section 9. This act shall take effect from and after its
passage. [Approved by the Governor, April 20, 1848.]
An Act to incorporate the Southbridge Savings Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Samuel L. Fiske, Samuel M. Lane, E. D. Ammidown,
their associates and successors, are hereby made a corpo-
Savings bank in ration, by the name of the Southbridge Savings Bank, to
be located in the town of Southbridge, with all the powers
and privileges, and subject to all the duties, liabilities, and
restrictions, set forth in the thirty-sixth and forty- fourth chap-
ters of the Revised Statutes, and in all other laws of this
Commonwealth relating to savings banks and institutions
for savings. [Approved by the Governor, April 20, 1848.]
Chapl29.
Corporators.
Southbridffe.
ChaplSO.
Capital stock
increased not
exceeding
;g40,000.
An Act to increase the Capital Stock of the Dorchester and Milton Branch
Railroad 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 Dorchester and Milton Branch Railroad Company
are hereby authorized to increase their capital stock, by
1848. Chap. 130—133. 677
adding thereto an amount, not exceeding forty thousand
dollars, for the uses and purposes, and subject to the rules,
restrictions, and regulations, applicable thereto, named in
the act of incorporation of said company, and the statutes
therein referred to. [Approved by the Govcimor. April 20,
1848.]
An Act to extend the Time for paying in the Capital Stock of the Cochituate QJinj) 131
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 :
The time within which the capital stock of the Cochitu- Time extended
ate Fire Insurance Company is by law required to be paid i^q^'^*^'' ^^^'''
in, is hereby extended to the fifteenth day of March, in the
year one thousand eight himdred and fifty. [Approved by
the Governor, April 20, 1848.]
An Act to increase the Capital Stock of the Stony Brook Railroad Corpora- /^^/yr) 1 S2
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 :
The directors of the Stony Brook Railroad Corporation Capital stock
are hereby authorized and empowered to increase their cap- '"greased not
tal stock, to an amoimt not exceeding one hundred thou- gioo^ooo.
sand dollars, by adding thereto, from time to time, at their
discretion, an additional number of shares, not exceeding
one thousand, of one hundred dollars each. [Apj)roved by
the Governor, April 20, 1848.]
An Act to authorize Neri Chase, Junior, to place Moorings. nhnrt 1 '^^
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 :
Neri Chase, Junior, is hereby authorized to place four Four moorings
moorings on the anchorage called the Shad Hole, near the ^"^heanchor-
1? c r>. ■ r •, /-ITT •,' -T^/ age, near south
south shore oi Dennis, tor the use of the Harwich and New siiore of Dennis,
Bedford packets: p?ovided, that said moorings shall have Proviso as io
good and sufficient buoys, that may be seen above water ^uoys, &c.
at all times, shall be at least one hundred and fifty feet dis-
tant from any wharf, and shall be so placed as not to ob-
struct vessels in going to or from any wharf; and also that
this act shall in no wise impair the legal rights of any per-
son whatever. [Approved by the Governor, April 21, 1848.]
87
678
1848.-
-Chap. 134—136.
Chapl34>.
Probate Courts
to be held in
West Brook-
field.
[Repealed by
chap. 255.]
Chap 135.
Wharf in
Dennis.
Proviso,
Chapl36.
Property in-
sured to form
two classes.
1st. Less haz-
ardous.
2d. More haz-
ardous.
Policies to des-
ignate the class
of risks.
Assessments for
losses in respec-
tive classes.
Proviso.
An Act changing the place for holding certain Terms of Probate Courts in
the County of Worcester.
JBE it enacted by the Senate and House of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
The probate courts heretofore held in the town of Brook-
field, in the county of Worcester, as provided in the fifty-
lifth section of the eighty-third chapter of the Revised
Statutes, shall hereafter be held in the town of West Brook-
field, in said county. [Apjyroved by the Governor^ April 21,
1848.J
An Act to authorize Nathan Fisk and others to build a Wharf.
BE it enacted by the Senate and Hmtse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Nathan Fisk, and his associates, are hereby authorized to
build and maintain a wharf, twenty-four feet wide, from land
owned by them in the town of Dennis, between the mouths of
Bass and Swan Point rivers, and to extend the same into five
feet of water, at low tide, and thence easterly and westerly
two hundred feet, with a width of one hundred feet, and
shall have the right to lay vessels at said wharf, and receive
wharfage and dockage therefor : provided, that this act shall
in no wise impair the legal rights of any person whatever.
[Approved by the Governor, April 21, 1848.]
An Act in addition to An Act to incorporate the Lowell Mutual Fire Insur-
ance 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 follows :
Section 1. All property insured by the Lowell Mutual
Fire Insurance Company, from and after the first day of
June next, shall be divided, by the directors of said com-
pany, into two distinct and separate classes. In the first
class shall be insured the less hazardous description of prop-
erty ; and in the second class shall be insured the more
hazardous description of property. The poHcy of each
member of the company shall designate the class of risks
with which he is associated ; the premiums and deposit
notes of each class, and the assessments for which members
may become liable, shall be held and assessed to pay the
losses occurring in the class to which they belong, and no
other : provided, however, that, until property to the amount
of one hundred thousand dollars shall be insured in a separ-
ate class, the whole funds of the corporation shall be held
and appropriated, in the manner prescribed in the thirty-
seventh chapter of the Revised Statutes, to satisfy the claims
for losses which any member may be entitled to recover on
his policy.
1848. Chap. 136—138. 679
Section 2. The general expenses of the company, not or general ex-
strictly applicable to either class, shall be appropriated to appHcabie\o
each class, according to the amount insured in each. eitiier class.
Section 3. In any division of the funds of the corpora- Funds divided
tion, and in all returns of premiums and deposits, each ^[^5°/'^'"^ '° ^''^
member shall only be entitled, to receive his proportional
part of the funds belonging to the class of risks with which
he is associated.
Section 4. This act shall not take effect, unless it be Act to be ac-
accepted by the members of the company, at a meeting to fepied by vote
be called for that purpose. [Approved by the Governor^
April 21, 1848.]
An Act authorizing the Connecticut River Railroad Company to change the (^Tifir) 1 ^7
Location of their Road within certain limits. -t '
BE it enacted bij the Senate and House of Hepresejita-
tives^ in General Court assembled, and by tlie authority of
the same, as foUoics :
Section 1. The Connecticut River Railroad Company Location of
■ are hereby authorized to change the existins^ location of ""^"'^ "\^y ''®
their road between the Railroad Bridge at Willimansett, and iweenWiiiiman-
a point at or near the dam of the proprietors of the Locks sett Bridge and
,,- , ^ .-^TT 1.- • the dam, «fcc.
and Canals on (Connecticut Kiver ; departing, at no point,
more than eighty rods from the present location ; and when
said alteration shall be completed, said company shall be
liable to all the duties, and shall enjoy all the powers, rights,
and privileges, which exist under the present location.
Skction 2. The location of said alteration shall be filed Location to be
with the county commissioners of the county where it js ^''^'^ ^'""° *
made, within one year from the passage of this act. [Ap-
proved by the Governor, April 21, 1848.]
An Act giving farther Time to the American Bank to close its concerns. Chot) 138.
BE it enacted by the Senate atid House of Representa-
tives, in General Court assembled, and by the authority of
the sam,e, as folloics :
Section 1. The president, directors, and company, of Corporation
the American Bank in the city of Boston, are herebv con- •^"""""ed for
11 111 r 1 ■ 1 r- '"o years from
Stunted and continued a body corporate, for the period of Feb. 18, 184.7,
two years from the eighteenth day of February, in the year *" c'ose its con-
one thousand eight hundred and forty-seven, for the purpose
of closing its concerns ; and the said corporation, for the pur-
pose aforesaid, shall, during such extended time, be entitled
to all the powers and privileges which they enjoyed prior to
that period, and be subject to all the duties, restrictions, and
liabihtips, and to all suits, actions, or proceedings at law or
in equity, to which they are or might have been subject,
had not this act been passed.
Section 2. The doings of the said president, directors and Doings con-
company, since the eighteenth day of February one thou- ^'■'"^^-
680
1848..
■Chap. 138— 141.
sand eight hundred and forty-seven, are so far confirmed
and eslabhshed as to have the same force and effect as if
this act had been passed prior to that date. [Aj)p?^oved by
ike Governor, April 21, 1848.]
An Act to incorporate the Neponset Cotton Factory.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section I. Joseph W. Revere, Joshua C. Dodge, Francis
Skinner, their associates and successors, are hereby made a
corporation, by the name of the Neponset Cotton Factory,
for the purpose of manufacturing cotton goods in the town
of Canton, 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.
Section 2. Said corporation may hold real and personal
estate, and the whole capital stock of said corporation shall
not exceed three hundred thousand dollars. [Ajij^roved by
the Governor, April 21, 1848.]
An Act in relation to the Plans and Profiles of Railroads.
BE it enacted by the Senate and Honse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. All plans and profiles presented to any com-
ihe library of the nilttce of the legislature, in the hearing of any petition for a
■ charter for a railroad, shall be retained by such committee,
and by them placed in the library of the Commonwealth.
Section 2. This act shall take effect from and after its
passage. [Apjyroved by the Governor, April 21, 1848.]
Chap \39.
Corporators.
For manufac-
ture of cotton
goods in Can-
ton.
Estate, real
and personal,
not to exceed
^300,000.
Chap 140.
To be placed in
ChapU\.
Wharf in Den-
nis.
Proviso.
An Act to authorize Job Chase and others 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 follows :
Job Chase, and his associates, are hereby authorized to
build and maintain a wharf, from land owned by them in
the town of Dennis, to a pier, or island-wharf, near the
south shore of said town, which said Job Chase and others
were authorized to construct and maintain, by an act
passed on the thirteenth day of March, in the year one
thousand eight hundred and thirty-four; and shall have the
right to lay vessels at said wharf, and receive wharfage and
dockage therefor: provided, that this act shall not, in any
wise, impair the legal rights of any person whatever. [-4/>
proved by the Governor, April 21, 1848.]
1848. -Chap. 142—143. 681
An Act concerning Forcible Entry and Detainer. ChctV 142.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Whenever, in any case of forcible entry and in forcible entry
detainer, within the meaning of the one hundred and fourth restiStioTof'"'
chapter of the Revised Statutes, judgment shall be rendered premises, de-
fer the complainant for restitution of the premises de- pea*i,To'reco-^'
manded, and the defendant shall appeal therefrom, or shall nize'towhaf
remove the case to the court of common pleas, as provided ihg^equi^fe-"^
in the ninth section of said chapter, he shall, before such mentsofR. s.,
appeal or removal shall be allowed, recognize, to the plain- ch. 104, sec lo.
tiff, with sufficient surety or sureties, not only to enter the
action, but also to pay all rent then due, and all intervening
rent and costs; and also to pay all damages and loss which
the plaintiff may sustain by reason of the withholding of
the possession of the demanded premises, and by reason of
any injury done thereto during such withholding, together
with all costs until the restitution of the possession thereof
to the complainant, in case the judgment from which the
appeal is made shall be affirmed ; and in case of final judg-
ment for the plaintiff, all sums of money due to the plaintiff,
upon such recognizance, may be recovered, upon a writ of
scire facias upon the recognizance, or in an action of debt Scire facias, on
therein. recognizance.
Section 2. The first section of an act entitled, "An act First spction of
relating to leasehold estates," passed on the twenty-sixth Js*?" aml'uded!"
day of April, in the year eighteen hundred and forty-seven,
is hereby amended, so that the payment or tender, therein
provided for, shall be for all legal costs which have accrued
at the time of such payment or tender, as well as for all rent
then due, with the interest thereon.
Section 3. All acts and parts of acts, inconsistent here- Repeal of incon-
with, are hereby repealed. s.sientacts.
Section 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 21, 1848.]
«
An Act concerning the Agricultural Branch Railroad. ChdT) 143
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 :
Section 1. The time prescribed, in the act incorporating Time for Jocat-
the Agricultural Branch Railroad, for locating and con- ingandi_'"iiding
GXtcndGQ ODG
struct ing the road, is hereby extended one year. year.
Section 2. Said corporation is hereby authorized to enter
upon, and unite their railroad, by proper turn-outs and May be united
switches, with the Framingham Branch Railroad, and use ^al]j BralTch^
the same, and any part thereof, under the provisions and Railroad,
restrictions of the laws relating to railroads. [Approved by
the Governor, Ap?'il 21, 1848.J
682
1848. Chap. 144—146.
Cha^Ul.
Execution in
writ of entry to
be recorded in
registry of
deeds.
Provision in
case of mort-
gaged premises.
Chap US.
Corporators.
For the manu-
facture of iron-
castings, and
fire-bricks, in
Taunton.
Estate, real and
personal, not
to exceed
,g:ioo,ooo.
Chap\AQ.
Corporators.
An Act relating to the Recording of Executions.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the anthority of
the same, as follows :
Section 1. Whenever any execution, issuing upon a
judgment in a writ of entry, for ihe possession of real estate,
shall be served by any officer, said officer shall, before the
return thereof into the clerk's office, and within three
months after the service, cause the execution, with his
doings thereon, to be recorded in the registry of deeds for
the county in which the real estate is situate, the expense of
which recording shall be added to the charge of serving said
execution.
Section 2. In all cases where said execution shall have
issued on a judgment for the possession of mortgaged prem-
ises, and shall have been levied, if said execution shall be
afterwards satisfied by payment of the amount dae on said
mortgage and costs, the mortgagee, his executors, adminis-
trators, or assigns, shall, at the expense of the mortgagor,
enter, on the margin of the record of said execution, an ac-
knowledgment of satisfaction, or make to the mortgagor a
deed of release, which said deed shall be recorded, with
proper notes of reference to the execution discharged there-
by. [Approved by the Governor, April 21, 1848.]
An Act to incorporate the Weir Iron Foundry.
BE it enacted by the Senate and Hov.se of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. Jonathan W. Ingell, John H. Eddy, S. N.
Staples, their associates and successors, are hereby made a
corporation, by the name of the Weir Iron Foundry, for
the purpose of manufacturing iron-castings and fire-bricks,
in the town of Taunton, in the county of Bristol, 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.
Section 2. Said corporation may hold real and personal
estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount one hundred thousand dollars.
[Approved by the Governor, Aj)ril 21, 1848.]
An Act to incorporate the Clintonville Machine Shop.
BE it enacted by the Senate and Hoitse of Representa-
tives, in General Court assembled, and by the anthority of
the same, as follotvs :
Section 1. Horatio N. Bigelow, Joseph B. Parker, Jo-,
tham D. Otterson, their associates and successors, are here-
by made a corporation, by the name of the Clintonville
Machine Shop, for the purpose of manufacturing cotton,
1848. Chap. 146—149. 683
woolen, and other machinery, in the town of Lancaster; For cotton,
and for this purpose shall have all the powers and privi- ^ihelfma^cht
leges, and be subject to all the duties, liabilities, and re- nery, mLan-
strictions, set forth in the thirty-eighth and forty-fourth '^^*'^'"*
chapters of the Revised Statutes.
Section 2. Sold corporation may hold, for the purposes Estate, real and
aforesaid, real and personal estate, not exceeding in value exceed^'' """^ '^
one hundred thousand dollars. [Approved by the Governor, ^100,000.
April 21, 1848.J
An Act to authorize Daniel Small to extend his Wharf. CJldT) 147
HE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Daniel Small is hereby authorized to extend and main- wharf in
tain the wharf now owned by him, adioinins his land in Provmcetown
l-'rovnicetown, mto the liarbor 01 said Frovmcetown, to six tended.
feet of water at the lowest tides, and shall have the right
to lay vessels at the end and sides of said wharf, and re-
ceive wharfage and dockage therefor : provided, that this Proviso.
act shall not in any manner impair the legal rights of any
person whatever. [Approved by the Governor, April 21,
1S4S.J
An Act to extend the Time fur locating the Providence, Warren, and Fall QJiaj) 148
River Railroad. ^
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The time allowed to the Providence, Warren, Time for locat-
and Fall River Railroad Company, by an act passed on the A^rlns'th ^*^ '°
thirteenth day of April, in the year one thousand eight 1849.
hundred and forty-seven, for locating their said road, is
hereby extended to the thirteenth day of April, in the year
one thousand eight hundred and forty-nine.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 21, 1848. J
An Act to authorize Silas J. Eldred and others to build a Wharf. ChdJJ 149
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Silas J. Eldred, and his associates, are hereby authorized Wharf in West
to build and maintain a wharf, from land owned by them F"ai"io""^ ^ar-
at West Falmouth Harbor, so called, in Falmouth, and to
extend said wharf fifteen feet into said harbor, and shall
have the right to lay vessels at said wharf, and receive
wharfage and dockage therefor : provided, that this act Proviso.
shall in no wise impair the legal rights of any person what-
ever. [Approved by the Governor, April 21, 1848.]
684
1848.-
•Chap. 150—151.
Chap IdO.
Tolls estab-
lishecl al Ne-
ponset Bridge.
Chapldl
Corporators.
To hold land,
wharves, &c.,
in Dorchester.
Bounds.
May build docks
and wharves.
Proviso.
May erect
buildings, &c.
Proviso.
Powers and
liabilities.
An Act concerning Tolls at Neponset 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 :
The rates of toll, for passing over said bridge and the
road connected therewith, shall hereafter 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
cart or wagon, drawn by two beasts, six cents; for each
cart or wagon, drawn by three beasts, eight cents; for each
cart or wagon, drawn by four beasts, ten cents, and for
each additional beast, two cents ; for each chaise, sulkey,
carryall, or buggy, eight cents ; for each coach, chariot,
phaeton, or other carriage, drawn by two or more beasts,
twelve cents; for each sleigh, drawn by two beasts, eight
cents, and for each additional beast, two 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.
{Approved by the Governor, April 21, 1848.]
An Act to incorporate the Neponset Wharf 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 :
Section"!. James S. Wilder, Daniel S. Kendall, Leon-
ard Ware, their associates and successors, are hereby made
a corporation by the name of the Neponset "Wharf Com-
pany, with power to purchase and hold, in fee simple or
otherwise, all or any part of that tract of land, wharves,
docks and flats, situate in Dorchester, and bounded south-
easterly by the channel of Neponset River, north-easterly
and easterly by the channel at the mouth of said river,
north-westerly by the northerly side of a creek, and south-
westerly by the Old Colony Railroad, and usually known
as Pine Neck, with all the easements, rights, privileges,
and appurtenances to the same belonging ; and said com-
pany may, within the limits aforesaid, construct docks and
wharves, and shall have the right to lay vessels within
and at the ends and sides thereof, and to receive dockage
and wharfage therefor : provided, that so much of said
wharves and docks as may be constructed below low-water
mark shall be built on piles, which piles shall be at least six
feet apart. Said company may also erect buildings on said
land, and otherwise manage, improve and dispose of said
property, as to them shall seem expedient : ^^rovided, that
this act shall not in any wise impair the legal rights of any
person whatever.
Section 2, This corporation shall have all the powers
and privileges, and be subject to all the duties, liabilities,
and restrictions, set forth in the forty-fourth chapter of the
Revised Statutes.
\
1848. Chap. 151—152. 685
Section 3. Said corporation may hold real and personal Estate, real and
estate, necessary and convenient for the purposes aforesaid, personal, not to
not exceeding in amount one hundred and fifty thousand gi50,ooo.
dollars. [Approved by the Governor, April 21, 1848.]
An Act concerning the Planting of Oysters. f^hnn 1 'i9
BE it ctiacted by the Senate and House of Rejiresenta-
tlves, in General Court assembled, and by the aiithority of
the same, as folloios :
Section 1. The selectmen of any town may, by writing Selectmen may
under their hands, grant a license, for a term of time not license, for not
more than twenty years, to any person or persons, inhabit- ye°aTs,*ihepiant-
ants of such town, to plant, grow, and dig, oysters upon ing, &c.,of
and in any flats and creeks in such town, at any place where °>'*'^''*-
there is no natural oyster bed : ^wovided, that said license Proviso.
shall not impair the private rights of any person, or materi-
ally obstruct the navigable waters of any creek or bay.
Section 2. All licenses so granted shall contain a de- License to de-
scription, by metes and bounds, of the flats and creeks ^'^'■'''^ *''® fl^'^,
so appropriated, and shall be recorded by the town cl6rk on to' be recorded
the records of such town, before they shall be of any force ^y ^°^'" <='^rk-
or validity.
Section 3. Any person licensed as aforesaid, and his heirs Rights of per-
and assigns, shall have the exclusive use of the flats and sons licensed.
creeks described in such license, for the time therein speci-
fied, except as provided in the first, section of this act, for
the purpose of planting, growing, digging, and taking there-
from, oysters at any and all times of the year; and if any
person shall dig or take any oysters from the flats or creeks
described in such license, during its continuance, without
the consent of the person so licensed, his heirs or assigns,
he or they may maintain an action of trespass against him, Action of tres-
and recover three times the amount of damages sustained pass for inter-
thereby ; and, in addition thereto, the person so digging or an^d'tinVto the
taking such oysters shall forfeit and pay a fine of twenty Commonwealth,
dollars for each offence, one half of which shall go to the
use of the complainant, and the other half to the Common-
wealth.
Section 4. All fines imposed by this act may be prose- Fines, how re-
cuted for before a justice of the peace, subject to an appeal •^°^^''^*^-
to the court of common pleas, as in other cases.
Section 5. Every person receiving such hcense shall Foe for license
pay to the selectmen so granting it, two dollars (or their use; ^'"^ recordnig.
also to the town clerk, for recording such license, the sum
of fifty cents.
Section 6. All acts and parts of acts, inconsistent with inconsistent
this act, are hereby repealed. [Api^rovcd by the Governor, ^''*" ^^peaied.
April 21, 18 AS.]
88
686
1848.
-Chap. 153—155.
Chap 153.
Trustees au-
thorized to sell
meeting-house
and land.
Proceeds, how
applied.
Chap 154.
Wharf in
feet
Proviso.
Aa Act to authorize the sale of Real Estate by the First Baptist Church and.
Society in Stoughton.
BE a enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the sa7?ie, as follows :
Section 1. That the First Baptist Church and Society in
Stoughton be, and they hereby are, authorized to empower
the trustees of said church and society, for the time being,
to sell their old meeting-house and the lot of land on which
the same now stands, and to execute a good and sufficient
deed or deeds therefor ; and apply the proceeds of such sale
to defray the expenses incurred by building their new meet-
ing-house.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 21, 1848.]
An Act to authorize Samuel W. Brown 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 :
Samuel W. Brown, proprietor of a wharf in the town of
Gloucester may Gloucestcr, is hereby authorized to extend said wharf
be extended 20 r . r ■ .!••■ 111 r/^i
twenty leet irom its present limit, mto the harbor or brlouces-
ter; and shall have the right to lay vessels at the end
and sides of said wharf, and receive wharfage and dockage
therefor : provided, this act shall in no wise impair the legal
rights of any person whatever. [App7^oved by the Governor,
April 21, 1848.]
Chap 155.
Corporators.
Hinsdale Aca-
demy in Hins-
dale.
Real estate not
exceeding
515,000; per-
sonal not ex-
ceeding gsooo,
besides books
and apparatus.
An Act to incorporate the Hinsdale 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 :
Section 1. Henry Putnam, Charles K. Tracey, and
Henry Merriman, their associates and successors, are hereby
made a corporation by the name of the Hinsdale Academy,
to be established in the town of Hinsdale, in the county of
Berkshire, with all the powers and privileges, and subject
to all the duties, restrictions, and liabilities, set forth in the
forty-fourth chapter of the Revised Statutes.
Section 2. Said corporation may hold real estate to an
amount not exceeding fifteen thousand dollars, and personal
estate not exceeding five thousand dollars, exclusive of
books and apparatus, to be devoted exclusively to the pur-
poses of education. [App?'ovcd by the Governor, April 21,
1848.]
1848. Chap. 156. 687
An Act to regulate the Storage and Transportation of Gunpowder in the Chapl56.
city of Roxbury. ■*
BE it enacted hy the Senate and House of Repines enta-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. No person shall keep or have, in any build- Howgunpow.
ing or other place, within one hundred and fifty yards of jj^p^^^j^^^^^.
any wharf or main land, in the city of Roxbury, any bury.
quantity of gunpowper exceeding twenty-five pounds, ex-
cept in the discharge of military duty, or as hereinafter
provided.
Section 2. The mayor and aldermen of said city of Mayor and ai-
Roxbury may grant licenses for the sale of gunpowder in dermen may li-
said city, which shall continue in force one year, unless annually.
sooner annulled by said mayor and aldermen ; and said
mayor and aldermen may, at any time, annul said licenses
for good cause ; and said mayor and aldermen may, at any
time within the year for which said license may be granted,
or from year to year, renew the same. For each original Fees,
license, there shall be paid a fee of five dollars, and for
each renewal thereof, a fee of one dollar, to be paid to the
treasurer of said city.
Section 3. The mayor and aldermen may make and May regulate
establish rules and regulations relative to the times and pla- the transpona-
. . ~ 1-1 1 1 -1 t'on» manner of
ces of transporting gunpowder in, through, and over said saie,&ic.
city, or any part thereof, either by land or water ; the kind
of carriages, boats, ships or vessels, in and by which the
same shall be transported ; the manner in which gunpowder
shall be kept by such persons as have been licensed to keep
the same ; and all such other rules and regulations relative
to the keeping or transportation of gunpowder in said Rox-
bury, except in the performance of military duty, as to
them may seem needful or expedient.
Section 4. Any gunpowder had and kept in said city, or Seizure of gun-
transported in and through the same, except in the perform- powder,
ance of military duty, or under a license as hereinbefore
provided, may be seized by any engineer of the fire depart-
ment of said city, and by him safely kept, until disposed of,
as hereinafter provided.
Section 5. When any gunpowder shall be so seized, the Proceedings in
person seizing shall libel the same, in the manner provided '^^^'^ of seizure,
by the one hundred and eighteenth chapter of the Revised
Statutes, for the " seizing and libelling of forfeited goods ;"
and the same proceedings shall be had upon and in pursu-
ance of said libel, as are provided in said chapter, from the
twentieth to the thirty-fifth sections thereof, both inclusive,
so far as said proceedings may conveniently be applied to
the article of gunpowder; and all the provisions of that
portion of said chapter above referred to shall be in force in
relation to the seizure of gunpowder, as above provided, as
688 1848. Chap. 156—158.
fully as if the article of gunpowder were specially men-
tioned therein.
Power of en- SECTION 6. Either of the engineers of the fire depart-
de'pT/tmenf'^^ Hieut of Said city may at any time enter the place of busi-
ness of any party licensed to keep gunpowder, for the pur-
pose of ascertaining whether or not the provisions of this
act, and the conditions of such party's license, have been
duly observed and complied with.
Rules and reg- SECTION 7. The rulcs and regulations herein above re-
be*"ubr hT '° f'srred to, relative to the transportation and keeping of gun-
powder in said city, shall be posted up, in reasonable time
after the making thereof, in not less than eight public places
in said city, and published in one or more newspapers
printed in the county of Norfolk, and among the regular
rules and ordinances of said city. [Approved by the Gov-
ernor, April 21, 1848.]
Chap
157. Aa Act authorizing Benjamin Freeman, and his associates, to straighten and
widen Mill Creek, in Brewster.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons named ; SECTION 1. Benjamin Freeman, David Lincoln, Strabo
stm^ffh'ten'*a'nd Clark, their associates and successors, are hereby author-
widen Mill ized to straighten and widen Mill Creek, in Brewster, not
Creek in exceedius; sixty feet.
Section 2. Said Benjamin Freeman, David Lincoln,
May build a Strabo Clark, their associates and successors, may build a
cre^if "°^^ ^''^ dam across the said Mill Creek, thereby to raise a head of
water, in the most eligible and convenient place on said
creek, to be let off at low water, for the purpose of cleaning
and deepening the said creek and channel into Barnstable
Proviso, as to Bay : provided, that said Benjamin Freeman, David Lin-
righis of others, colu, Strabo Clark, their associates and successors, shall not
and town of . • . . ' . ^ . , . '. ,
Brewster; ob- m any Way impair or interfere with any private rights, nor
fi'^h''&" ^^ obstruct any town road, or public highway, to or across
' ■ said creek, nor interrupt the passage of ale wives up the
same, nor interfere with the present rights of individuals, or
of the said town of Brewster, to take alev;ives upon the
said creek.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 2\, 1848. J
ChctD 158 '^^ "^^^ '° establish the Mechanics' Bank in Worcester.
BE it enacted by the Senate and Honse of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Corporation for SECTION 1. Frederic W. Paine, Henry Goulding, Wil-
a bank ,n Wor- iia,m M. Bickford, their associates and successors, are
cester, till Octo- ,, -, ■ -, , r i -n • t ^
ber 1,1851. hereby made a corporation, by the name of the President,
1848. Chap. 158—160. 689
Directors and Company of the Mechanics' Bank, to be es-
tablished in Worcester, in the county of Worcester ; and
shall so continue until the first day of October which shall
be in the year one thousand eight hundred and fifty-one,
with all the powers and privileges, and subject to all the du-
ties, restrictions, and liabiUties, set forth in the public stat-
utes of this Conimonwealth, relative to banks and banking.
Section 2. The stock in said bank shall be transferred Transfer of
only at its banking-house and in its books. ^^°'^^'
Section 3. The capital stock of said corporation shall Capital stock
consist of one hundred thousand dollars, to be divided into ^^^^'^S{qq
shares of one hundred dollars each, and to be paid in such '
instalments, and at such times, as the stockholders may di-
rect : provided, the whole be paid in, on or before the first Proviso.
Monday in February next. [Approved by the Governor,
April 21, 1S48.]
An Act to extend the time for locating the Stoneham Branch Railroad. C^Jinn 1 'iQ
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. The time allowed for the filing the location Time for loca-
of the Stoneham Branch Railroad, in the fourth section of ^'°" «*'ended.
their act of incorporation, is hereby extended for the time
of one year from the twenty-third day of April, one thou-
sand eight hundred and forty-eight.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 21, 1848.]
An Act to establish the Waltham and Newton Branch Railroad. OhnT) 1 60
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Ebenezer Hobbs, Francis C. Lowell, Isaac Corporators.
Parker, their associates and successors, are hereby made a
corporation, by the name of the Waltham and Newton
Branch Railroad Company, with all the powers and privi-
leges, and subject to all the duties, liabilities and restric-
tions, set forth in the fortj^-fourth chapter of the Revised
Statutes, and in that pait of the thirty-ninth chapter of said
statutes relating to railroad corporations, and in all other
general laws which have been or shall be subsequently
passed, relative to railroad corporations.
Section 2. Said company is hereby empowered to lo- To construct
cate, construct and maintain, with one or more tracks, a {i?'',!^"^^ Jo"'"
branch railroad, commencing near the works of the Newton Waithamand
Chemical Company, in Newton, and running in a north- Watertown.
easterly direction across Charles River at a point near tlie
lower factory and bleachery of the Boston Manufacturing
Company, in Waltham, and then running on the north
690
1848.-
■Chap. 160.
Capital Stock
not more than
g 100,000;
shares ^100.
Location and
completion of
road.
May be united
with the Water-
town branch of
Fitcliburg- rail-
road.
Legislature
may authorize
any other com-
pany to enter,
dec.
Legislature
may reduce
tolls.
Fitchburg Rail-
road Company
may accept
this charier,
build the road,
enjoy the fran-
chise, »fcc.
side of Charles River, to a convenient point on the Water-
town Branch of the Fitchburg Raih'oad Company near
Bemis's factory, in Watertown.
Section 3. The capital stock of the company hereby es-
tablished, shall coilsist of not more than one thousand
shares, the number of which shall, from time to time, be
determined by the directors of said company ; and no as-
sessment shall be laid thereon, of a greater amount, in the
whole, than one hundred dollars on each share; and said
company may invest and hold such part thereof, in real and
personal estate, as may be necessary and convenient for the
purposes of their incorporation.
Section 4. If the location of said railroad shall not be
filed within one year, and if said railroad be not constructed
within two years from the passage of this act, then the
same shall be void.
Section 5. Said company is hereby authorized to enter
upon, and unite their railroad, by proper turnouts and
switches, with said Watertown Branch of the Fitchburg
Railroad, and to use the same, or any part thereof.
Section 6. The legislature may authorize any company
to enter with another railroad upon, and to use, said Wal-
tham and Newton Branch Railroad, or any part thereof, by
complying with such reasonable rules and regulations as
the said Waltham and Newton Branch Railroad Company
may prescribe, or as may be determined according to the
provisions of law.
Section 7. The legislature may, after the expiration of
five years from the time when the said Waltham and New-
ton Branch Railroad shall be opened for use, from time to
time, alter and reduce the rate of toll or profits upon said
road ; but said toll shall not be so reduced, without the con-
sent of said company, as to yield, with said profits, to the
stocliholders thereof, less than ten per cent, per annum upon
the investment of said company.
Section 8. The Fitchburg Railroad Company may, by
a vote of the stockholders specially convened for that pur-
pose, within one year from the passage of this act, accept
the charter hereby granted ; and in that case may locate,
construct, and maintain, said branch railroad, and may suc-
ceed to, hold, and enjoy, all the franchise, rights, and privi-
leges, hereby conferred, and shall be subject to all the duties,
restrictions, and liabilities, hereby imposed, and may increase
their capital stock to the extent hereby authorized, and,
upon such acceptance, the rights of the corporators first
named shall cease and determine. [Appi^ovcd by the Gov-
ernor, April 2i, 1848.J
1848. Chap. 161—162. 691
An Act to incorporate the Cold Spring Iron Works. Chap 161.
BE it enacted by the Senate and House of Rej^rescrta-
tives, in Geneixd Court assembled, arid by the authority of
the same, as follows :
Section 1. George M. Wells, Joseph Noble, Charles H. Corporators.
Coffin, their associates and successors, are hereby made a
corporation, by the name of the Cold Spring Iron Works,
for the purpose of manufacturing iron, in its various To manufacture
branches, in the town of Otis, county of Berkshire ; and 'J"o^J,;'"* '°''"
■ 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.
Section 2. Said corporation may hold, for the purpose Estate, real and
aforesaid, real and personal estate, not exceeding one hun- P^ceeT'' "°^ ^"^
dred thousand dollars. {Approved by the Governor, April 5100,000.
21, 1848.J
An Act to incorporate the Taunton and MiddleboroughEailroad Corporation. ChCiV 162.
BE it enacAed by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
' the same, as follows :
Section 1. Charles Robinson, Wilham A.Crocker, Isaac Corporators.
Lane, their associates and successors, are hereby made a
corporation, by the name of the Taunton and Middle-
borough Railroad Corporation, with all the powers and
privileges, and subject to all the duties, liabilities, and re-
strictions, 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 railroad corporations, and
in the public statutes which have been, or may hereafter
be, passed, relating to such corporations.
Section 2. Said corporation is hereby authorized and Railroad from
empowered to locate, construct, and maintain, a railroad, MWdieboro'.
with one or more tracks, from some convenient point on the
New Bedford and Taunton Railroad, near the bridge over
Taunton River, in Taunton, thence, in an easterly direc-
tion, through a part of the town of Raynham, near the
Old Colony Iron Works, in Squawbitty, (so called,) to
some convenient point on the Fall River Railroad, at or
near the depot in Middleboro', and so as to intersect the
Cape Cod Branch Railroad, near said depot.
Section 3. The capital stock of said corporation shall Capital stock
consist of not more than one thousand five hundred shares, siJfr^gsTioo.
the number of which shall be determined, from time to
time, by the directors ; and no assessment shall be laid
thereon, of a greater amount, in the whole, than one hun-
dred dollars on each share; and said corporation may pur-
chase and hold such real and personal estate as may be
necessary for the purposes of their incorporation.
692
1848.-
-Chap. 162—164.
Location and
completion.
Legislature
may reduce
tolls, &.C.
Corporation
may enter and
use certain
other railroads.
Legislature
may authorize
the road to be
used by other
corporations.
Chap 163.
Wharf in Sand-
wich.
Proviso.
CAapl64.
Members of
parishes, &c.,
not to be taxed
for property
held as
guardians, &c.
Section 4. If the said corporation shall not. within one
year, file the location of their route in the manner required
by law, or if the said railroad shall not be completed within
three years from the passage of this act, then this act shall
be void.
Section 6. The legislature may, after the expiration of
four years from the time when said railroad shall be opened
for use, from time to time, reduce the rate of tolls, or profits,
of said road ; but, without the consent of the said corpora-
tion, they shall not be so reduced, as to yield less than ten
per cent, per annum to the stockholders.
Section 6. Said corporation may enter with their rail-
road, by proper turnouts and switches, upon the Taunton
and New Bedford Railroad, at Taunton, upon the Fall
River Railroad, at Middleboro', and upon the Cape Cod
Branch Railroad, at said Middleboro', and may use the same,
or any part thereof, in conformity with the provisions of an
act, passed on the twenty-fifth day of March, in the year
one thousand eight hundred and forty-five, entitled, "An
Act to regulate the use of railroads."
Section 7. The legislature may authorize any corpora-
tion to enter with their railroad, at any point, upon the
railroad hereby authorized, in conformity with the provis-
ions of an act, passed on the twenty-fifth day of March,
in the year one thousand eight hundred and forty-five, en-
titled, " An act to regulate the use of railroads." [^Approved
by the Governor, April 21, 1848.]
An Act to authorize Levi Barlow and others 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 follows :
Levi Barlow, and his associates, are hereby authorized
to build a wharf from their land adjoining the harbor of
Sandwich, and to extend said wharf one hundred feet below
low- water mark, and shall have the right to lay vessels at
the end and sides of said wharf, and receive wharfage and
dockage therefor: provided, that this act shall in no wise
impair the legal rights of any person whatever. [Approved
by the Governor, April 21, 1848.]
An Act relating to Taxation in Parishes.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the satne, as follows :
Section 1. No person shall be liable to be taxed in any
parish, or religious society, of which he is a member, for
any property, real or personal, held by him as guardian or
trustee of any other person.
Section 2. All acts and parts of acts, inconsistent here-
with, are hereby repealed. [Approved by the Governor.,
April 2\,\M^.\
1848. Chap. 165—166. 693
Aa Act to authorize Nicholas H. Sherman to build Wharves. Chap 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 :
Nicholas H. Sherman, proprietor of a piece of land situ- Wharves in
ate in the town of Wareham, and lying on the easterly side Wareham.
of the channel of Wankinco River, called Tims' Island, is
hereby authorized to build and maintain wharves from
said piece of land, and to extend them into the channel of
said river, and shall have the right to lay vessels at the
ends and sides of said wharves, and receive wharfage and
dockage therefor: provided, that this act shall in no wise Proviso.
impair the legal rights of any person whatever. [Appi^oved
by the Governor, April 21, 1848.]
An Act further to regulate the Sale of Real Estate for non-payment of ChctJ) 166.
Taxes. "
BE it enacted by the Senate and House of Representa-
tives, in Getieral Court asse?nbled, and by the authority of
the same, as folloios :
Section 1. If any mortgagee of real estate, situated in Mortgagee of
the city or town of which he is resident, shall, previous to ^hen toTe
the assessment of any tax, have given a written notice, to called upon by
the clerk of such city or town, that he holds a mortgage on 1°^^^^°'^%
such real estate, which notice shall contain a description of ch. 8,"sec. 18.'
the estate which is held by him as mortgagee, it shall be
the duty of the collector, on all sales hereafter made, before
proceeding to sell the same for non-payment of taxes
assessed thereon, to demand payment of said taxes, of such
mortgagee, in the manner provided in the eighteenth sec-
tion of the eighth chapter of the Revised Statutes.
Section 2. If any non-resident mortgagee of real estate When collector
shall appoint an attorney with the authority, and for the attorney oTnon-
purposes, named in the twentieth section of the eighth resident mort-
cliapter of the Revised Statutes, in regard to non-resident fg^^^" ^^'^^'''
owners, and such authority shall have been filed with, or
recorded by, the clerk, as is provided in said twentieth sec-
tion, demand of payment shall be made of such attorney,
before said estate shall be sold for non-payment of taxes.
Section 3. In addition to the provisions contained in the or theadver-
twenty-fifth section of the eighth chapter of the Revised o'renatl ukei^
Statutes, the advertisement therein named shall contain a for taxes, ib.
substantially accurate description of the rights, lots, or divis- *^*=-~^-
ions, of the real estate to be sold for non-payment of taxes.
Section 4. The collector of taxes shall in all cases post Notices of sale
the notices, required by the twenty-fourth, twenty-fifth, and [["g^^'remises °"
twenty-sixth .sections, of the eighth chapter of the Revised iix s^eT."^v-5,
Statutes, on the premises by him advertised to be sold for non- ^'^•
payment of taxes : provided, any part of such premises shall
be bounded by any street, lane, court, or public highway.
89
694
1848.-
■Chap. 166—167.
Deed to pur-
chaser, what
further particu-
lars to be set
forth, lb. sec.
31.
When to be re-
corded.
Where pur-
chaser cannot
be found,
owner may re-
deem by ma-
king payment to
town or city
treasurer! lb.
sec. 32.
Duty of treas-
urer in such
Section 5. In addition to the requirements of the thirty-
first section of the eighth chapter of the Revised Statutes,
the collector's deed shall state on whom the demand for the
tax was made by him, the places in the town or city where
notices were posted, and the newspaper in which the ad-
vertisement of such sale was published ; and the deed shall
also truly state the place of residence of the grantee ; and
such deed, in order to be valid and eflectual, shall be re-
corded within thirty days from the day of sale.
Section 6. If, upon reasonable search, the purchaser of
any real estate, sold for non-payment of taxes, cannot be
found in the town or city of which he is described in the
collector's deed as resident, then the owner of such real
estate may redeem the same, in the manner prescribed by
the thirty-second section of the eighth chapter of the Re-
vised Statutes, on paying to the treasurer of the town or
city, where such real estate is situated, the amount specified
in said thirty-second section.
Section 7. It shall be the duty of the treasurer to re-
ceive such money, when paid to him, as aforesaid; and to
give, to the person paying the same, a certificate of such
payment, specifying the estate on which the tax was origi-
nally assessed ; and such certificate may be recorded in the
registry of deeds, with a note of reference from such record
to the collector's deed; and, when so recorded, shall have
the effect to release and discharge all the right and title
acquired under the collector's deeds. It shall also be the
duty of such treasurer to hold all money which may be
received by him, by virtue of the foregoing provisions, for
the use and benefit of the person entitled thereto ; and to
pay over the same on reasonable demand.
Section 8. The affidavit of any disinterested person,
taken before a justice of the peace, of the search made
under the sixth section of this act, shall be admitted as
competent evidence of the facts therein stated : provided,
such affidavit shall be made and filed in the registry of
deeds, within ninety days from the time when said search
shall have been completed.
Section 9. All acts, and parts of acts, inconsistent here-
with, are hereby repealed. [Ajjproved by the Governor,
April 21, 1848.]
Chap IGT. ^^ -^^"^ ceding, to the United States, jurisdiction over certain Marsh Lands
"* * in the town of Chelsea, for a depot of Ordnance Stores.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Section 1. Jurisdiction is hereby granted to the United
States, in and over certain marsh lands, situate in the town
of Chelsea, and within the following described limits; viz:
Boundaries. the boundaries of the first parcel, commencing on Mill River
Of the evidence
that the pur-
chaser cannot
be found.
Inconsistent
acts repealed.
Jurisdiction
ceded over
lands in
Chelsea.
1848. Chap. 167. 696
at the north-west corner of the land ceded to the United
States by this Commonwealth, by an act passed February
twentieth, in the year eighteen hundred and twenty-eight;
thence northerly and north-westerly, along said Mill River,
to a piece of land supposed to belong to the heirs of Thomas
Sargent ; thence north-easterly by the land of said Sargent
twenty-one rods and twenty links ; thence north-westerly,
by said land of said Sargent, nine rods, to a piece of land
supposed to belong to the heirs of D. Green ; thence north-
easterly by the piece of land last mentioned to Island End
River; thence southerly and south-easterly by said Island
End River to its junction with the land heretofore ceded to
the United States by the act above mentioned ; thence by
a line due west to the point of commencement : reserving
and excepting, out of the provisions and operation of this
act, the following parcel of land, belonging to the proprie-
tors of the marsh on each side of Island River, running
into the towns of Maiden and Chelsea, and upon which is
erected the dam and dyke of said proprietors, namely, a
strip of land four rods in width, extending from the up-
land on the north bank of Island River, now commonly
called Island End River, to the upland of the United
States : the said described parcel intended to be ceded,
containing thirty-two acres, be the same more or less.
The boundaries of the second parcel commencing at the
north-western corner of the land of the heiis of Sargent,
above mentioned, on Mill River ; thence south-easterly by
said land, twenty-six rods and twenty links, to the land
of the heirs of D. Green above mentioned; thence north-
westerly, by said land of said Green, to Island End River;
thence northerly, north-westerly, westerly and south-west-
erly, by said Island End River, to the point of commence-
ment ; the said parcel being supposed to contain three acres,
be the same more or less : provided^ that nothing in this act Provuo.
contained shall be construed to cede the jurisdiction of any
lands not already the property of the United States, nor to
avoid, impair, or in any way affect, any lawful rights, or
claims, or liens, of whatsoever nature, in or upon either ot
the above-described premises, which may be vested in any
person or corporation whatever : and provided^ also, that Proviso,
this Commonwealth shall retain, and does hereby retain, "■*°*^'rLt"**
■ 1 • • 1 1 1 T 1 <-^ 1 criminal pro-
concurrent jurisdiction with the United States in and over cess.
said lands, so far as that all civil and criminal process
issued under the authority of this Commonwealth, or any
officer thereof, may be executed on any part of said land, or
in any building which now is or may be hereafter erected
thereon, in the same way and manner as if this concession
had not been made.
Section 2. A plan of the said premises shall be filed in pian to be filed,
the office of the secretary of state of this Commonwealth.
[Approved by the Govcimor^ April 21, 1848.]
696 1848. Chap. 168—171.
ChCLV 168. ^'^ ^'^'^ relating to the discharge of Poor Debtors, committed on Execution
•*^ * for Debt.
BE it enacted by the Senate and House of Representa-
tives^ in Genej-al Court assembled, and by the authority of
the same, as follows :
Case of a debtor The twenty-tliird section of the ninety-eighth chapter of
^o"ds'"^R's ^^^® Revised StatiUes is hereby so far amended, that no per-
ch. 98,' See. b. son, committed on execution for debt, shall be refused his
discharge, under the provisions of said section, unless he
shall have misspent or misused goods, effects, or credits, to
the value of forty dollars, which are not exempted from be-
ing taken in execution, but which cannot be attached by
the ordinary process of law, — or so much thereof as is equal
to the sum for which he is committed, — without having
offered the same to the creditor, as is provided in said
twenty- third section. [Approved by the Governor, April 21,
1848.]
Chut) 169. -^^ ■^^'^ *° authorize Jesse Cook 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 :
Toextendwharf Jcsse Cook is hereby authorized to extend and maintain
in Province- j^jg wharf, in the harbor of Provincetown, to low-water
mark ; and shall have the right to lay vessels at the end and
sides of said wharf, and receive wharfage and dockage
Proviso. therefor : provided, that this act shall in no wise impair the
legal rights of any person whatever. [Apj)roved by the Gov-
ernor, April 21, 1848.]
f^Tinn 1 70 '^^ ^^^ ^° incorporate the Sandwich Savings Bank.
" ' BE it enacted by the Seriate and House of Representa-
tives, in Geiieral Court assembled, and by the authority of
the same, as follows :
Corporators. William Stutsou, Clark Hoxie, Charles Southack, their
associates and successors, are hereby made a corporation by
Savings Bank the name of the Sandwich Savings Bank, to be established
in Sandwich, jq ^he town of Saudwich, in the county of Barnstable, with
all the powers and privileges, and subject to all the duties,
liabilities, and restrictions, set forth in the thirty-sixth
chapter of the Revised Statutes, in the forty-fourth chapter
of the acts passed in the year one thousand eight hundred
and forty-one, and in all the other laws of the Common-
wealth. [App?-oved by the Goverfior, April 21, 1848.]
ChapMl.
An Act for the regulation of the Public and Town Landing Places in the
Town of Westport.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The inhabitants of the town of Westport
1848. Chap. 171—172. 697
shall have jurisdiction over the public and town landings Westponto
therein, with power to govern, control, and regulate them, [fs^i"'^^']^^-
hi such manner as will keep them free from incumbrances ; ings.
and for that, and other purposes mentioned in this act, said Power*,
town shall, at their annual meeting, in March or April, in
each year, choose all necessary officers and agents, and officers and
make such bylaws, and adopt such rules and regulations, g^tj'aws.
not inconsistent with the laws of this Commonwealth, as
they shall deem proper to carry into eflect the provisions of
this act.
Section 2. Said town shall have power to lease, for a term May make
of not exceeding five j^ears, such portions of said landings as 'eases,
are not needed for public use, and for purposes not inconsist-
ent with the provisions of this act; and all moneys collected
by virtue of this act shall be appropriated to pay the expenses Appropriation
of superintending said landings, and in making such repairs, "^receipts,
alterations, and improvements thereon as may be deemed
necessary; and the said town shall, so far as is practicable, Boundaries,
ascertain the true boundaries of said landings, and erect and
keep Tip suitable monuments to designate the same.
Section 3. In all cases where the boundaries of said
landings cannot be satisfactorily ascertained, and the rights
of the public be defined therein, or where buildings have
been erected Avhich stand in part on said landings, the said
town is empowered to make such compromises, agreements. Power of town
and conveyances, as shall be necessary or expedient in the {^"^^^^^'^"jlg ^^
premises, to determine the extent and boundaries of such '
landings, and to adjust and settle all diflTerences in relation
thereto; and all sales, contracts, and agreements, heretofore Former doings
made by said town relative to said landings, not inconsist- confirmed.
ent with the interests of the public therein, are hereby rati-
fied and confirmed.
Section 4. Said town may enforce any bargain, agree- By-laws, &c.,
ments, rules, and regulations, made from time to time, con- how enforced,
sistent with the foregoing provisions, by action in any court
of law competent to try the same.
Section 5. This act shall take eflect from and after its
passage. [Ajjjjj^oved by the Governor, April 21, 1848.]
An Act to incorporate the Pittsfield and New Haven Railroad Company. ChctV 1 72.
BE it enacted by the Senate and House of Represerita-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Henry H. Childs, Harrison G. Garfield, Hen- Corporators,
ry Seymour, Samuel C. Parsons, Henry A Bills, their asso-
ciates and successors, are hereby made a corporation, by
the name of the Pittsfield and New Haven Railroad Com-
pany, with all the powers and privileges, and subject to all
the duties, liabilities, and restrictions, set forth in the forty-
fourth chapter of the Revised Statutes, and in all that part
698
1848.-
•Chap. 172.
Railroad from
Piltsfield to the
north line of
Connecticut.
Proviso.
Capital stock,
5900,000 ;
shures, ^100.
Road may be
united with
Western Rail-
road 5
And with
Stockbridge
and Pittsfield
Railroad.
Legislature
may reduce
tolls.
of the thirty-ninth chapter of said statutes relating to rail-
road corporations, and in all other general laws which
have been, or shall be passed, relative to railroad corpora-
tions.
Section 2. Said company may locate, construct, and
maintain a railroad, with one or more tracks, from some
convenient point at or near the village of Pittsfield, by the
most convenient route, to some point at or near the Housa-
tonic River, in the easterly part of the town of Lenox;
thence, by the most feasible route, through the town of Lee,
to Becket ; thence to Otis, following the valley of the Farm-
ington River, through the towns of Tolland and SandisSeld,
to the north line of the State of Connecticut, at Golebrook :
jjfovided, that, if the Stockbridge and Pittsfield Railroad
Company do locate and construct their road within the time
limited in their act of incorporation, then the northern ler~
?ninus of the Pittsfield and New Haven railroad shall be at
the intersection with said Stockbridge and Pittsfield road,
in the town of Lee or Lenox.
Section 3. The capital stock of this company shall con-
sist of not more than nine thousand shares, the number of
which shall, from time to time, be determined by the direct-
j3rs of said company, and no assessment shall be laid there-
on, of a greater amount, in the whole, than one hundred
dollars on each share; and said company may invest and
hold such part thereof in real and personal estate, as may
be necessary and convenient for the purposes of their incor-
poration.
Section 4. Said company may enter upon, and unite
their railroad, by proper turnouts and switches, with the
Western Railroad, at some convenient point at or near the
village of Pittsfield, and may use the same, under the pro-
visions and restrictions of the laws relating to railroads.
Section 5. Said company may enter upon, and unite
their railroad, by proper turnouts and switches, with the
railroad authorized to be constructed by the Stockbridge
and Pittsfield Railroad Company, at some convenient point
in the town of Lee or Lenox, and may use the same, under
the provisions and restrictions of the laws relating to rail-
roads, and as is provided in the sixth section of the act of
incorporation of said Stockbridge and Pittsfield Railroad
Company.
Section 6. The legislature may, after the expiration of
five years from the time when the said railroad shall be
opened for use, from time to time, reduce the rates of tolls
and other profits upon said road; but the same shall not be
so reduced, without the consent of said company, as to yield,
with said profits, less than ten per centum per annum to the
stockholders.
Section 7. If said company shall not have been organ-
1848. Chap. 172—175. 699
ized, and the location of the route of said road filed with the Road, when to
county commissioners of the counties of Berkshire and Hamp- con°p'ieted ^"^
den, within two years from the passage of this act, or if said
company shall fail to complete said road within four years
from the passage of this act, then this act shall be void.
Section 8. This act shall take elfect from and after its
passage. [Approved by the Governor, April 22, 1848.]
An Act in addition to An Act relating to Abstracts of School Returns, and (JJiqj) 173.
the duties of School Committees. -^
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Any city, or town, may withhold such com- when school
pensation as the school committee of such city, or town, are commutee fail
^ ,111 ■ • i- I > 11 1 to make returns,
now authorized by law to receive, it such town shall have &c., ompen-
forfeited its due portion of the income of the school fund, sation may be
through the failure of such committee to comply with the
provisions of the fourth section of the two hundred and
twenty-third chapter of the general laws passed in the year
one thousand eight hundred and forty-six.
Section 2. This act shall take effect from and after the
thirtieth day of June, in the year one thousand eight hun-
dred and forty-eight. \Approved by the Governor, April 22,
1848.J
An Act to authorize Horatio N. Gunn and George W. Gibbs to build a r*'U„n'\1lA
Wharf. K^napit^,
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, arid by the authority of
the same, as follows :
Horatio N. Gunn and George W. Gibbs are hereby an- Wharf in
thorized to build and maintain a wharf from their land in s°™^^s«'-
the town of Somerset, lying on the west side of Taunton
River, and to extend the same into said river to six feet of
water at low tide; and shall have the right to lay vessels at
the end and sides of said wharf, and receive wharfage and
dockage therefor : provided, this act shall in no wise impair Proviso.
the legal rights of any person whatever. [Aj)p7^oved by the
Governor, April 22, 1848.]
An Act to incorporate the Carew Manufacturing Company. ChttT) 175.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Joseph Carew, Francis M. Carew, James B. Corporaiors.
Rumril, their associates and successors, are hereby made a
corporation, by the name of the Carew Manufacturing
Company, for the purpose of manufacturing paper in the pa^p^r^"„"soutr
town of South Hadley, with all the powers and privileges, Hadicy.
700 1848. Chap. 175—178.
and subject to all the duties, liabilities, and restrictions, set
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Estate real and SECTION 2. Said Corporation may hold real and personal
personal, and estato for the puroose aforesaid, and their whole capital
stock not to Stock shall not exceed seventy-five thousand dollars.
r?3000 Section 3. This act shall take effect from and after its
' ' passage. \Aji-proved by the Governor, April 22, 1848. J
Chap 176.
An Act to incorporate the Holland 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 :
Corporators. SECTION 1. Marshall Tenney, William P. Fisk, Aaron
Rice, their associates and successors, are hereby made a
corporation, by the name of the Holland Manufacturing
To manufacture Company, for the purpose of manufacturing cotton goods
Hoihlnd?""^' '" in the town of Holland, with all the powers and privi-
leges, and subject to all the duties, liabilities, and restric-
tions, set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes.
Estate, real and SECTION 2. Said Corporation may hold real and personal
exce*e!f '' "°' '° estate for the purpose aforesaid, and their whole capital
;g50,ooo. stock shall not exceed fifty thousand dollars, [Appyoved
by the Governor, April 22, 1848. J
Chaj) 177. "^^ ■^^^ ^'^ increase the Capital Stock of the Boston and Providence Railroad
•^ * Corporation.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Capital stock The Boston and Providence Railroad Corporation are
e""eeding"°' hereby authorized to increase their capital stock, by an
;g470,ooo. amount not exceeding four hundred and seventy thousand
dollars, by creating an additional number of shares, not
exceeding lour thousand and seven hundred, of one hun-
dred dollars each ; the same to be assessed by instalments,
from time to time, as the directors shall find expedient.
[Approved by the Governor, April 22, 1848.]
/^T 1 rjo An Act to incorporate the Pawcatuck Paper Manufacturing Company.
BE it enacted by the Sejiate and House of Representa-
tives, in General Court assembled, and by the authority of
the sam,e, as follows :
Corporators. SECTION 1. Rufiis S. Payne, Caleb Chapin, Pelatiah
Ely, their associates and successors, are hereby made a
corporation, by the name of the Pawcatuck Paper Manu-
To manufacture facturiug Company, for the purpose of manufacturing
P^P.*"' 'fi ^^'^^ paper in the town of West Springfield, with all the pow-
bpringfield, ^ ^ j • •■ i 'i • ^ ° n 5 t . i- i -i- ■
ers and privileges, and subject to all the duties, habilities,
1848. Chap. 178—180. 701
and restrictions, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal Capital stock
estate for the purpose aforesaid, and their whole capital ^ssjooo^wfth
stock shall not exceed twenty-five thousand dollars. [Ap- reaiand'per-
proved by the Governor, April 22, 1848.] '""^^ *''*'^'
An Act to authorize the Hingham Wharf and Land Company to extend ChcLV 1 79.
their Wharf. -^
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Hingham Wharf and Land Company, arc hereby Wharfextended
authorized to extend their wharf to the channel leading to "* Hingham.
Hingham Harbor, and shall have the right to lay vessels at
the end and sides of said wharf, and receive wharfage and
dockage therefor: provided, this act shall in no wise ^rowio.
impair the legal rights of any person whatever. \Approved
by the Governor, April 22, 1848.]
An Act to incorporate the Plympton Branch Eailroad Company. ChdT) 180
BE it enacted by the Senate and House of Representa-
tives, in General Court assem,bled, and by the authority of
the same, as follows :
Section I. Benjamin W. Foster, Anthony Brackett, Corporators.
Philip S. Clement, their associates and successors, are here-
by made a corporation, by the name of the Plympton
Branch Railroad Company, with all the powers and privi-
leges, and subject to all the duties, liabilities, and restric-
tions, set forth in the forty-fourth chapter of the Revised
Statutes, and in that part of the thirty-ninth chapter of said
statutes relating to railroad corporations, and in all other
laws which have been, or shall be, passed, relative to rail-
road corporations.
Section 2. Said company may locate, construct, and Railroad from
maintain, a railroad, with one or more tracks, from some KiSoTto
convenient point on the south-east side of Jones River unite with old
Pond, in Plynpton, to some convenient point on the Old ^"'d"^^^^'
Colony Railroad northerly of, and not more than one thou-
sand feet from, the present station-house in Kingston, at
which point the said company may enter upon, and unite
their railroad, by proper turnouts and switches, with the
said Old Colony Railroad.
Section 3. The legislature may authorize any other Any other
company to enter with another railroad upon, and use, the bnmhonTe^d
said Plympton Branch Railroad, or any part thereof, by to use the road,
complying with such reasonable rules and regulations as
the said Plympton Branch Railroad Company may pre-
scribe, or as may be determined according to the provisions
of law.
90
702
1848."
-Chap. 180—181.
Capital stock
not more than
^40,000;
shares ^100.
Location and
completion of
road.
Corporation
authorized to
transfer its
franchise to Old
Colony Rail-
road Corpora-
tion.
Chap 1S\,
Corporators.
For wharf and
breakwater in
Truro.
Breakwater
described.
Wharf de-
scribed.
Proviso.
Section 4. The capital stock of said company shall
consist of not more than four hundred shares, the number
of which shall be determined, from time to time, by the
directors of said company, and no assessment shall be laid
thereon of a greater amount, in the whole, than one hun-
dred dollars on each share ; and said company may invest
and hold such part thereof, in real and personal estate, as
may be necessary and convenient for the purpose of their
incorporation.
Section 5. If the location of said branch railroad shall
not be filed within six months, and if said branch railroad
be not completed within one year from the passage of this
act, the same shall be void.
Section 6. The corporation hereby established is au-
thorized to sell and transfer all its property, rights, privi-
leges, and franchises, under this charter, to the Old Colony
Railroad Corporation, or its successors, whenever the last-
named corporation, or its successors, shall elect to receive
and hold the same, in such manner and upon such terms
as shall be mutually agreed upon ; and, upon such trans-
fer, said Old Colony Railroad Corporation shall enjoy and
be invested with all the powers, privileges, and franchises,
hereby granted, and shall be subject to all the restrictions
and liabilities hereby imposed.
Section 7. This act shall take effect from and after its
passage. [Approved by the Governor, April 24, 1848.]
An Act to incorporate the Truro Wharf and Breakwater Company.
BE it enacted by the Senate and House of Representa-
tives, in General Covrt assembled, and by the authority of
the same, as follows :
Section 1. James Collins, John S. Small, Harvey Col-
lins, their associates and successors, are hereby made a cor-
poration by the name of the Truro Wharf and Breakwater
Company, for the purpose of constructing a wharf and
breakwater near the shore of the town of Truro, with all
the powers and privileges, and subject to all the duties,
liabilities and restrictions, set forth in the forty-fourth chap-
ter of the Revised Statutes.
Section 2. Said corporation is hereby authorized to con-
struct and maintain a breakwater near a place called the
Pond Landing, in said town of Truro, eight hundred feet in
length, to be five hundred and fifty feet below high-water
mark ; also to construct and maintain a wharf near said
landing, and to extend the same towards said breakwater
four hundred and fifty feet; and shall have the right to lay
vessels at the end and sides of said wharf, and receive wharf-
age and dockage therefor : provided, this grant shall in no
wise impair the legal rights of any person whatever.
Section 3. Said corporation may hold real and personal
1848. Chap, 181—184. 703
estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount six thousand dollars. [Ap2)roved
by the Governor^ April 24, 1848.]
An Act concerning the South Shore Kailroad Company. ChCLp 182.
BE it enacted by the Senate and House of Representa-
tives, in Getieral Court assembled, and by the authority of
the same, as follows :
The time for filing the location of, and finally completing, Time to locate,
the railroad of the South Shore Railroad Company, is here- *'<=•' extended,
by extended six months from the first day of May, one
thousand eight hundred and forty-eight. [Approved by the
Governor, April 24, 1848.]
An Act to incorporate the Provincetown Marine Railway. ChilT) 1 8^
BE it etiacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Freeman Atkins, Eben S. Smith, William A. Corporators.
Atkins, their associates and successors, are hereby made a
corporation by the name of the Provincetown Marine Rail-
way, for the purpose of constructing and maintaining a To construct a
dock and railway suitable for examining and repairing ves- dock and raii-
sels, on land and flats lying easterly of, and adjoining, Cen- provincetown.
tral Wharf in the town of Provincetown ; with all the powers
and privileges, and subject to all the duties, liabilities and
restrictions, set forth in the forty-fourth chapter of the Re-
vised Statutes.
Section 2. Said corporation may hold real and personal Estate, real and
estate necessary and convenient for the purpose aforesaid, exceed^s'icTooo.
not exceeding in amount ten thousand dollars.
Section 3. This act shall in no wise impair the legal Proviso.
rights of any person whatever. [Approved by the Governor,
April 24, 1848.]
An Act to incorporate the West Amesbury Manufacturing Company. Chan 1 84
, BE it enacted by the Senate atid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows:
Section 1. Thomas T. Merrill, Stephen Patten, Jonathan Corporators.
B. Sargent, their associates and successors, are hereby
made a corporation by the name of the West Amesbury
Manufacturing Company, for the purpose of manufacturing To manufacture
carriages, doors and blinds, in the town of Amesbury, with f^'^A^^e bw''"'
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.
Section 2. Said corporation may hold real and personal May hold
estate, and their whole capital stock shall not exceed fifty persoiiaTr'clpt
thousand dollars. [Approved by the Governor, April 25, tai stock not to
1848.] J r 3 exceed ;g30,000.
704 1848. Chap. 185.
Chuj) 185. -^^ ^^"^ ^^ incorporate the Pocha Pond Meadow and Fishing Company.
BE it enacted by the Senate and House of Representa-
tives^ iti General Court assembled, arid by the authority of
the same, as folloios :
Corporators. SectioxX 1. John Vinson, J. T. E. Gage, William W.
Huxford, their associates and successors, are hereby made a
corporation, by the name of the Pocha Pond Meadow and
Fishing Company, in Edgartown, in Dukes County, and
To build a are empowered to close the outlet of said pond, by building
causeway, &c. a causeway from the twenty-acre lot, so called, to Cape Poge
Proviso. Beach in said Edgartown : provided, that said causeway
shall be built of suitable width, and shall be kept in such re-
pair that loaded carriages may pass and repass in safety
over the same, and shall at all times be free for the public
to travel over ; and to make a new outlet or creek from
Pocha Pond into the harbor of Edgartown, through lands
of said proprietors, at a convenient place, for the purpose of
draining the meadows, and for regulating the herring fishery
Proviso. thereby created : provided, that suitable bridges shall be
built over said creek or outlet, where carriages usually pass ;
and, for these purposes, shall have all the powers and privi-
leges, and be subject to all the duties, restrictions, and lia-
bilities, set forth in the forty-fourth chapter of the Revised
Statutes.
Forfeiture for SECTION 2. If any pcrsou, without the permission of said
catching, &c. corporation, shall take, catch, or haul on shore, any herring,
wiihout'plrmis- ^^ Said poud, or creek or outlet which may be made there-
sion. from, he shall forfeit and pay, for the use of said corpora-
tion, a sum not exceeding three dollars if the quantity so
taken be less than one barrel ; but if the quantity be more
than one barrel, the person so offending shall forfeit and pay,
for each barrel of herring so taken, the sum of five dollars,
to be recovered in any court proper to try the same.
As to other fish SECTION 3, Nothing herein contained shall deprive any
than herring, inhabitant of the town of Edgartown, of the privilege of
taking any fish other than herring from said creek, pond, or
outlet.
Damages to SECTION 4. If any person, not a proprietor of this corpo-
persons not ration, shall receive damage by the flowing of his meadows,
corporation,how or in closiug the present outlet, the county commissioners of
to be assessed, Dukes County, after a hearing of all parties interested,
shall estimate the amount of damages which such person
may have sustained by said corporation, which damages, if
any, said corporation shall pay ; and either party, if dissat-
isfied with any estimate made by said commissioners, may
apply for a jury to assess the damages, either at the same
meeting at which such estimates shall be completed and re-
turned, or at the next regular meeting of said county com-
missioners ; and the like proceedings shall be had thereon
as are provided for the recovery of damages for laying out
highways.
1848. Chap. 185—188. 705
Section 5. All persons who now are owners of land ad- Who maybe-
joining said pond, or creek or outlet to be made therefrom, '^•*™^ members.
may become members of said corporation, at any time pre-
vious to the commencing, by said corporation, to close said
outlet.
Section 6. The present owners of lands adjoining the Owners, &c., to
said pond, or creek, or outlet, shall have each one share only s^Jr^e o^Jiy""®
in said fishery ; and no one of them shall, by conveyance or
descent of his lands, create, or cause to be created, an ad-
ditional number of shares : provided, however, that each of Proviso.
the present owners, or his successor or successors, may di-
vide his original share into parts or fractions. [Approved
by the Governor, April 25, 1848.]
An Act to increase the Capital Stock of the Eastern Railroad Company. Phnr) 186
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Eastern Railroad Company are hereby authorized Authorized to
and empowered to increase their capital stock, by the crea- add not exceed-
tion 01 an additional number oi shares, to be assessed to the ditionai shares.
same amount as the shares which are already created by |'^'-'^^^-'^''-
their act of incorporation, and the acts in addition thereto: '
provided, that the additional number of shares, so to be
created, shall not exceed five thousand. [Approved by the
Govertior, April 25, 1848.]
An Act concerning the Alewive Fishery in Saugus River. ChctT) 187
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The towns of Lynn, Saugus, and South Powers of Lynn,
Reading, may, together or separately, enforce the laws foufh^Rerdinff
which regulate the alewive fishery in Saugus River, and its as to aiewive '
tributary streams, in their several towns. fishery mSau-
•' cus xvivcr
Section 2. All acts, inconsistent with the provisions of Repeal,
this act, are hereby repealed. [Approved by the Gove?'?ior,
April 25, 1848.]
An Act to establish the Holyoke Bank. _^ too
BE it enacted by the Seriate and House of Representa- ^'^^P *oo.
fives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Samuel Williston, Thomas Musgrave, and corporators.
Josiah Hayden, their associates and successors, are hereby
made a corporation, by the name of the President, Directors,
and Company, of the Holyoke Bank, to be established in the
town of Northampton, in the county of Hampshire, and Bank in North-
shall so continue, until the first day of October which shall ampion.
706
1848.-
-Chap. 188—190.
Transfer of
stock.
Capital stock,
5100,000;
shares glOO.
How paid in.
be in the year one thousand eight hundred and fifty-one ;
with all the powers and privileges, and subject to all the
duties, restrictions, and liabilities, set forth in the public
statutes of this Commonwealth, relative to banks and
banking.
Section 2. The stock in said bank shall be transferred
only at its banking-house, and in its books.
Section 3. The capital stock of said corporation shall
consist of one hundred thousand dollars, to be divided into
shares of one hundred dollars each, and to be paid in such
instalments, and at such times, as the stockholders may
Proviso. direct : provided, that the whole be paid in on or before the
first day of January next. [Approved by ihe Governor, April
25, 1848.J
~, 1 on -^^ "^"^^ '° repeal "An Act incorporating certain lands belonging to a num-
L/hap loy. bar of inhabitants of the town of Springfield, lying on the Pine Plain, in
said 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 :
Repeal of act An act, entitled "An Act incorporating certain lands be-
coucerning Pine longing to a number of inhabitants of the town of Spring-
SfTringfield.'" field, lying on the Pine Plain, in said town," passed on the
twenty-seventh day of June, in the year one thousand seven
hundred and eighty-five, is hereby repealed. [Approved by
the Governor, April 25, 1848.]
Chap 190.
Corporators.
For manufac-
turing paper in
Middleton and
Chelsea.
Real estate not
to exceed
;^30,000;
capital stock
not to exceed
550,000.
An Act to incorporate the Boston and Chelsea Paper Company.
BJE it enacted by the Senate and House of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Section 1. Otis Merriam, Daniel Cummings, Luther
Crane, their associates and successors, are hereby made a
corporation, by the name of the Boston and Chelsea Paper
Company, for the purpose of manufacturing paper, color-
ing, stamping, and staining the same, in Middleton, in the
county of Essex, and in Chelsea, in the county of Suffolk ;
and, for this purpose, shall have all the powers and privi-
leges, and be subject to all the duties, restrictions, and lia-
bilities, set forth in the thirty-eighth and forty-fourth chap-
ters of the Revised Statutes.
Section 2. Said corporation, for the purposes aforesaid,
may hold real estate not exceeding in value thirty thousand
dollars ; and their whole capital stock shall not exceed fifty
thousand dollars. [Approved by the Governor, April 25,
1848.]
1848. Chap. 191— 19S. 707
An'AcT to change the Dividing Line between Brewster and Harwich. f^hnrt 1 Q1
BE it enacted by the Sejiate and House of Representa- ^
fives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. So much of the town of Brewster, with the Territory and
inhabitants thereon, as Hes south of the following described ^I'e^JJs'ier'sefog-
line, is set off from said town of Brewster, and annexed to to Harwich,
the town of Harwich, to wit-: — beginning at the north-west- Boundary line,
erly corner of said town of Harwich, near the middle of
Bangs' Pond; thence, in a north-easterly direction, to the
mouth of a brook running from Grassy Pond to said Bangs'
Pond ; thence, up the middle of said brook, to Grassy Pond ;
thence, through said Grassy Pond, to a brook running from
Long Pond to said Grassy Pond; thence, up the middle of
said brook, to Long Pond; thence south, forty-five degrees
east, to the original boundary line between the said towns
of Brewster and Harwich, near the middle of said Long
Pond : provided, that the inhabitants and land, thus set off, Prouwo, as to
shall be holden to pay all taxes heretofore assesseil, in the ^^^^^'
same manner as if this act had not been passed.
Section 2. This act shall take effect from and after its
passage. [Approved by the Govertior, April 25, 1848.]
An Act relating to Town and County Koads. Chttp 192.
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 of the several counties, and stone bounds to
the selectmen of the several towns, and the mayor and J'hMerabi and
aldermen of the several cities, of this Commonwealth, shall angles of all
cause permanent stone bounds, not less than three feet long, f"""^^ ^^\ „
c f y ■ 1 1111 • 1- 1 1 town roads herc-
two leet 01 which, at least, shall be inserted in the earth, after laid out.
to be erected at the termini and angles of all roads hereafter
laid out by them, when practicable ; and, when not practi-
cable, a heap of stones, a living tree, a permanent rock, or
the corner of an edifice, may be a substitute for said stones.
\Approved by the Governor, April 25, 1848,]
An Act concerning the continuance of Civil Actions before Justices of the Chttp 1 93.
Peace.
BE it enacted by the Senate and House of Representa-
tives, in Geiieral Court assembled, and by the authority of
the same, as follows :
Section 1. If any justice of the peace shall . fail to at- j^"tice of^he ^
tend at the time and place to which any civil process is peace to attend
returnable or continued before him, any other justice of the p|a™to^whicii
peace, for the same county, may attend and continue said civil process is
process, not exceeding thirty days, without cost to either o!her°justice^
party, and saving the rights of all parties. may attend, &c.
Section 2. The justice ordering such continuance shall Proceedings in
such case.
708
1848..
-Chap. 193—195.
Inconsistent
acts, &c., r«-
pealed.
C^ap 194.
Line to be made
straight.
Proviso.
Former act re-
pealed.
Chap 195.
Paupers to be
supported by
Rnwiey and
Georgetown,
respectively.
Of the settle-
ment, &c., of
persons absent
from Rowley
when former
act was passed.
make a certificate thereof, which shall be filed with the
papers in the case, and shall be entered upon the record by
the justice before whom said process was returnable.
Section 3. All acts, and parts of acts, inconsistent here-
with, are hereby repealed. [Approved by the Governor,
April 25, 1848.]
An Act to confirm the Boundary Line between Lunenburg and Shirley.
JB£J it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The boundary line between the town of
Lunenburg, in the county of Worcester, and the town of
Shirley, in the county of Middlesex, shall be confirmed and
established as a straight line, from an established monument
at the south-east corner of Lunenburg, and the south-west
corner of Shirley, in the line of Lancaster, to " Groton Old
Corner," so called ; and from thence to an established mon-
ument at the south-east corner of Townsend : provided,
that, if any part of the present dwelling-house of Jacob
Harrington shall be found to be on the said line, the said
dwelling-house and the occupants thereof, for all purposes,
shall be considered within the town of Lunenburg, so long
as the said building shall remain on said line.
Section 2, The act passed on the third day of March,
in the year one thousand eight hundred and forty-six, en-
titled " An Act to establish the boundary line between
Lunenburg and Shirley," is hereby repealed. [Approved by
the Governor, April 25, 1848,]
An Act in addition to An Act to incorporate the town of Georgetown.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. All persons who had a legal settlement in the
town of Rowley, at the time when the act was passed to
which this is an addition, and all who shall derive a settle-
ment from them, shall be deemed and taken to have their
legal settlement in that part of said town where they resided
at that time, imtil they shall have gained a settlement else-
where, and shall be hereafter supported by said towns of
RoMdey and Georgetown respectively, if they shall become
chargeable as paupers.
Section 2. All persons who had a legal settlement in the
town of Rowley at the time of the passage of said act, but
who were absent at that time, not having acquired a legal
settlement elsewhere, shall have their legal settlement in
that town wherein their last dwelling-place or home hap-
pened to be at the time aforesaid.
1848. Chap. 195—196. 709
Section 3. The agreement made between the two towns Agreement be-
of Rowley and Georgetown, dated on the first day of anrcSr'^e-^
March, in the year one thousand eight hundred and forty- town confirmed,
eight, and recorded, unless inconsistent with this act, is ""less, &c.
hereby ratified and confirmed, and said towns shall here-
after be bound by the provisions thereof.
Section 4. So much of the act to which this is in addi- Repeal of in-
tion, as is inconsistent herewith, is hereby repealed. vi'sionVin for°'
Section 5. This act shall take effect from and after its "er act.
passage. [Approved by the Governor, April 25, 1848.]
An Act to increase the Capital Stock of the Norwich and Worcester Railroad PJinrx 1 Qfi
Company. -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 :
Section 1. The JN'orwich and Worcester Railroad Com- capital stock
pany is hereby authorized to increase the capital stock of '""i'^^^'^
said company, by the addition of ten thousand shares, fhaVes^iod.
each share to be of the par value of one hundred dollars.
Section 2. For the purpose of carryiHg into effect the Twocommis-
provisions of this act, two commissioners shall be appointed appdnted by
by the governor, with the advice and consent of the coun- Governorand
oil, who shall be paid by said company a reasonable com- ^"^°<"'-
pensation for their services.
Section 3. No portion of stock, issued under the provis- issue of stock :
ions of this act, shall be issued at less than its par value; missioners"'
the time and manner of issuing it, and the rate of dividend
to be paid on the same, shall be determined by said com-
missioners, who shall certify the same in writing to the •
directors of the company, and shall also make report thereof
to the governor.
Section 4. The said stock, in the certificates issued New stock pre-
therefor, shall be called preferred stock, and there shall be •^iv^dliidTo'be^
paid semi-annually to the holders thereof, from the net earn- determined by
ings of said company, such rate of dividend as the said l^onerrb^fore
commissioners shall determine before issuing said cer- issuing- certifi-
tificates. *=^'«' ^'^^'■^'°''-
Sections. No dividend shall hereafter be declared or Dividends on
paid upon the present capital stock of the company, except ^to^cTwheni^'
the same be paid out of the surplus net earnings of said be declared,
company, after the payment of the dividends aforesaid, upon
the preferred stock.
Section 6. This act shall not take effect until it shall be This act to be
accepted by the stockholders of the company, at a legal sto3ofde^s.'^^
meeting held for that purpose. [Approved by the Governor,
April 26, 1848.]
91
710
1848.-
■Chap. 197—200.
Chap 197.
May hold real
estate, not ex-
ceeding
;g 15,000.
Whole capital
stock not to ex-
ceed ^70000.
Chap 198.
Capital slock
increased, not
exceeding
g 1,000,000;
to be invested
in real and per-
sonal estate,
necessary, &.c.
An Act ia addition to An Act to incorporate the Nantucket Steamboat 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 :
The second section of the act to incorporate the Nan-
tucket Steamboat Company, passed on the twenty-sixth day
of January, in the year one thousand eight hundred and
thirty-three, is hereby so far amended as to authorize said
company to hold real estate, not exceeding in value fifteen
thousand dollars : provided, that the whole capital of said
company shall not exceed seventy thousand dollars. [Ap-
proved by the Governor, April 26, 1848.]
An Act to increase the Capital Stock of the Bay State Mills.
JB£] it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Bay State Mills are hereby authorized to increase
their capital stock by an amount not exceeding one million
of dollars, and to invest such increase in real and personal
estate, necessary and convenient for carrying on the busi-
ness of said corporation. [Approved by the Governor, April
26, 1848.]
Chapl99.
Section re-
pealed concern-
ing exemption
from taxation of
Hollision Farm,
in Ashland.
An Act additional to " An Act to incorporate the Town of Ashland."
BE it enacted by the Seiiate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The seventh section of the act, passed March sixteenth,
one thousand eight hundred and forty-six, to incorporate
the town of Ashland, is hereby repealed. [Approved by the
Governor, April 26, 1848.]
ChoV 200 "^^ ^^^ concerning Long Beach in the town of Lynn.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Any person who shall, after the passage of this act, carry
away or remove, by land or water, any stones, gravel, or
sand, from the Long Beach in the town of Lynn, shall, for
•J"""- each offence, forfeit and pay a sum not exceeding twenty
dollars, to be recovered by complaint or indictment in any
court of competent jurisdiction; one half for the use of the
complainant, the other half for the use of said town of
Lynn. [Aj)proved by the Governor, April 26,' 1848.]
Penalty for car-
rying away
gravel, &c.,
from Long
Beach in L
1848. Chap. 201—202. 711
An Act to incorporate the Walpole Dyeing and Bleaching Company. ChdT) 201.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Smith Gray, Joshua Stetson, junior, William Corporators.
B. Boyd, their associates and successors, are hereby made
a corporation, by the name of the Walpole Dyeing and
Bleaching Company, for the purpose of manufacturing. For the manu-
dyeing, bleaching, and finishing, cotton and linen goods, in [n*^'"^"^'jj--^'^"
the town of Walpole, with all the powers and privileges, cotton and hnen
and subject to all the duties, restrictions, and liabilities, set go°^s>in vvai-
forfh in the thirty-eighth and forty-fourth chapters of the
Revised Statutes. -
Section 2. Said corporation may hold real and personal Real and per-
estate for the purpose aforesaid, and their whole capital f^u"^,' ®^'^^? ',
,,., t^r ) 11,, r A 1 whole capital
Stock shall not exceed seventy thousand dollars. {Apj)roved stock not to ex-
by the Governor, April 26, 1848.] "^'^ ^'^0,000.
An Act to authorize Lewis Rice to extend his Wharf. ChctV 202.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, a?id by the authority of
the same, as folloios :
Lewis Rice, proprietor of a wharf and flats situate on To extend a
Border Street, and opposite Central Square, in that part of Bostmno^^**
Boston known as East Boston, and lying between and ad- commissioners'
joining the land and flats of Warren Belcher, and Albert ''"®-
Bowker, and William Fettyplace, is hereby authorized to
extend and maintain his wharf into the harbor channel, as
far as the line established by the act entitled, " An Act
concerning the Harbor of Boston," passed on the seven-
teenth day of March, in the year one thousand eight liun-
dred and forty, and shall have the right to lay vessels at
the end and sides of said wharf, and receive wharfage and
dockage therefor : provided,, however, that this grant shall Proviso.
not be construed to extend to any flats or land of this Com-
monwealth, lying in front of the flats of any other person,
or which would be comprehended by the true lines of such
flats, continued to the said commissioners' line: and jyro- Proviso,
vided, also, that so much of said wharf as may be con-
structed below low-water mark, shall be built on piles,
Avhich piles shall not be nearer to each other than six feet
in the direction of the stream, and eight feet in a trans-
verse direction, and that this act shall in no wise impair
the legal rights of any person whatever. [Approved by the
Governor, April 2G, 1848.]
712
1848.-
■Chap. 203—204.
Chap 203.
To drive piles
from wharf in
Dennis.
Proviso.
Limitation to
three years.
An Act to authorize Prince S. Crowell, and others, to drive Piles in the Har-
bor of Dennis.
BE it enacted by the Senate and House of Representa-
tives, in Getieral Court assembled, and by the authority of
the same, as follows :
Prince S. Crowell, and his associates, are hereby author-
ized to drive piles, in a straight line, from their wharf, near
Sesuet Creek, in the harbor of Dennis, across the flats, in a
northerly direction, for the purpose of regulating the chan-
nel and improving the navigation of said harbor : provided,
that this act shall in no wise impair the legal rights of any
person whatever : a7id provided, also, that said piles be
driven within three years from the passage of this act.
[Approved by the Governor, April 26, 1848.]
Chap20^.
Corporators.
Route of rail-
road.
Part of Boston
and Maine Rail-
road may be
used.
Use for freight
and passengers,
how and to
what extent
prohibited.
Injunctions by-
supreme judi-
cial court.
An Act to establish the South Reading Branch Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Section 1. Thomas P. Pingree, George Osborn, Thomas
Emerson, their associates and successors, are hereby made
a corporation, by the name of the South Reading Branch
Railroad, with all the powers and privileges, and subject
to all the duties, liabilities, and restrictions, set forth in the
forty-fourth chapter of the Revised Statutes, and in that
part of the thirty-ninth chapter of the Revised Statutes
relating to railroad corporations, and in all general statutes
that have been, or shall be hereafter, passed, relating to rail-
road corporations.
Section 2. Said corporation is hereby authorized to con-
struct and maintain a railroad, commencing at some con-
venient point in South Danvers,and thence running through
Lynnfield to the village of South Reading, and terminating
at the Boston and Maine Railroad ; and to use that part of
the Boston and Maine Railroad, which lies between the
point of such junction and the city of Boston, according
to law; but neither the Boston and Maine Railroad Corpo-
ration, nor this corporation, shall ever suffer any freight or
passenger cars to pass, from the said South Reading Branch
Railroad, upon any part of the Boston and Maine Railroad,
north of the village of South Reading; and the supreme
judicial court of the Commonwealth shall have power to
restrain, by injunction, any attempt which shall be made,
directly or indirectly, by the corporation hereby created, or
by the Boston and Maine Railroad Company, to violate the
conditions of this section; all injunctions, as aforesaid,
may be granted by any justice of the supreme judicial
court, according to the ordinary course of proceeding in
courts of equity.
Section 3. The capital stock of said corporation shall
1848. Chap. 204—206. 713
consist of not more than two thousand shares, of one hun- Capital stock
dred dollars each. »rf»i„o.
Section 4. If the location of the railroad herein author- , .. .
11 ^^ 1 T 1 •!• 1 J-'Ocation and
]zed be not filed, accordmg to law, within two years, and completion,
if said railroad be not completed within three years from
the passage of this act, the same shall be void.
Section 5. The legislature may authorize any other Authority to
railroad company to enter upon said railroad, at any point "*^ ^^'* ^°^^-
thereof, and use the same according to law.
Section 6. The legislature may, after the expiration of Legislature
five years from the time when said railroad shall be opened l!^]')^/^''"^®
for use, reduce the rates of toll, or other profits, upon said
railroad ; but the same shall not be so reduced, without the
consent of said corporation, as to yield to the stockholders
less than ten per cent, per annum on their capital stock.
[Approved by the Governor, April 26, 1848. j
An Act to authorize the Boston Steam Flour Mill Company to extend their C^fl!jo205.
Wharf. ^
BE it enacted by the Senate and Hovse of Represe?ita-
tives, in General Court assembled, a?id by the authority of
the same, as follows :
The Boston Steam Flour Mill Company, proprietors of T°^^]^'|^^'i"''
flats situate in that part of Boston known as East Boston, to commis- °"
and lying between and adjoining tiie flats of the East Bos- sioners' line.
ton Wharf Company, and land and flats of Otis Tufts, are
hereby authorized to extend and maintain their wharf into
the harbor channel, as far as the line established by the act
entitled "An act concerning the Harbor of Boston," passed
on the seventeenth day of March, in the year one thousand
eight hundred and forty, and shall have the right to lay ves-
sels at the end and sides of said wharf, and receive wharf-
age and dockage therefor : provided, however, that this grant Proviso.
shall not be construed to extend to any flats or land of this
Commonwealth lying in front of the flats of any other per-
son, or which would be comprehended by the true lines of
such flats continued to the said commissioners' line : afid Proviso.
provided, also, that so much of said wharf as may be con-
structed below low-water mark shall be built on piles,
which piles shall not be nearer to each other than six feet
in the direction of the stream, and eight feet in a transverse
direction, and that this act shall in no wise impair the legal
rights of any person whatever. [Approved by the Governor,
April 2^, 1848.]
An Act to incorporate the New Bedford Linseed Oil Company. ChaV 206
BE it enacted by the Senate and House of Representa-
tives, ifi General Court assembled, and by the authority of
the same, as follows :
Section 1. Pardon G. Seabury, John A. Kasson, Wil- Corporaiory.
714
1848.-
-Chap. 206—207.
Ham H. Stowell, their associates and successors, are hereby
made a corporation, by the name of the New Bedford Lin-
seed Oil Company, for the manufacture of linseed oil in the
city of New Bedford, in the county of Bristol, with all the
powers and privileges, and subject to all the duties, restric-
tions and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold real and personal
personal, not to estate, ncccssary and convenient for the purposes aforesaid,
;gioo,ooo. not exceeding in amount one hundred thousand dollars.
[Approved by the Governor, April 2^^ 1848.]
For the manu-
facture of lin-
seed oil in New
Bedford.
Estate, real and
Chap 201.
Corporators.
To locate, <fec.,
a railroad from
Salisbury to
north line of the
state.
Capital Stock
g40,000 ;
shares 5100.
lload may be
sold or leased
to the Boston
and Maine, or
the Eastern
Railroad Cor-
poration.
An Act to establish the Salisbury and East Kingston Railroad Company.
BE it enacted by the iSetiate and Honse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Luther D. Peaslee, Samuel Webster, Rufus
Dow, their associates and successors, are hereby made a
corporation, by the name of the Salisbury and East Kings-
ton Railroad Company, with all the powers and privileges,
and subject to all the duties, liabilities, and provisions, con-
tained in the forty-fourth chapter of the Revised Statutes,
and in that part of the thirty-ninth chapter of the Revised
Statutes which relates to railroad corporations, and in other
subsequent acts, which have been or may be passed, relat-
ing to railroad corporations. And the said corporation is
hereby authorized and empowered to locate, construct, and
finally complete, a railroad, with one or more tracks, from
some point in Salisbury, near the engine-house or depot of
the Salisbury Branch Railroad Company ; thence running
a northerly direction, to the boundary line between the
Commonwealth of Massachusetts and the State of New
Hampshire.
Section 2. The capital stock of said railroad company
shall consist of not more than four hundred shares, the
number of which shall be determined, from time to time, by
the directors thereof, and no assessment shall belaid 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 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-
chandise. And the said corporation may make such ar-
rangements with the Boston and Maine Railroad or the
Eastern Railroad, 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 Railroad, or said Eastern Rail-
1848. Chap. 207— 208. 715
road, may transport passengers on said Salisbury and East
Kingston Railroad, with the same privileges as upon the
residue of their line. And the said Salisbury and East Auihority t« use
Kingston Railroad are hereby authorized to enter, with g^\^p^i["^"i7
their railroad, upon such part of the Salisbury Branch Rail- roTd."^^
road, in Salisbury, as shall be deenied most expedient,
paying, for the right to use the same, or any p>art thereof,
such rate of toll as the legislature may, from time to time,
prescribe, and complying with such rules and regulations as
may, from time to time, be adopted by the directors of
the Eastern Railroad.
Section 3. If the location of said road be not filed, ac- Location and
cording to law, within two years, or if said company shall ^"jj'^p'*^'""'
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.
Section 4. The legislature may authorize any company Legislature may
to enter, with another railroad, at any point of said Salis- company ro"use
bury and East Kingston Railroad, and use the same, or any the road,
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 such rules and
regulations as may be established by said Salisbury and
East Kingston Railroad Company ; and the legislature may, May reduce
after the expiration of five years from the time when the '""^•
said railroad shall be opened for use, from time to time, re-
duce the rate of tolls or other profits upon said railroad ;
but said tolls shall not, without the consent of said corpora-
tion, be reduced so as to produce, with said profits, less than
ten per centum per annum.
Section 5. This act shall take effect from and after its
passage. [Approved by the Governo?^, April 26, 1848.]
An Act to incorporate the East Boston Savings Bank. ChflV 208
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as folloios :
Samuel W. Hall, Benjamin Lamson, James Cunningham, Corporators.
their associates and successors, are hereby made a corpora-
tion, by the name of the East Boston Savings Bank, to be Savings Bank
located in that part of Boston called East Boston; with all in East Boston,
the powers and privileges, and subject to all the duties, liabili-
ties, and restrictions, set forth in the thirty-sixth chapter of
the Revised Statutes, and in all other laws of this Common-
wealth relating to institutions for savings. [Approved by
the Governor, April 26, 1848.]
716 1848. Chap. 209—212.
ChoZ> 209 -^"^ -^^"^ ^"^ incorporate the Marblehead 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 :
Corporators. William Fabens, William Humphreys, junior, Joseph P.
Turner, their associates and successors, are hereby made a
Mutual Fire corporation, by the name of the Marblehead Mutual Fire
Insurance Com- Insurance Company, in the town of Marblehead, for the
Ee^l 'for'^28''''^' ^^rm of tvventy-eight years, for the purpose of insuring
years. dwelliug-houses and other buildings, and personal property,
throughout this 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
Proviso. and forty-fourth chapters of the Revised Statutes : provided,
that no policy shall be issued by this company, imtil prop-
erty, to the amount of one hundred thousand dollars, shall
be subscribed to be insured. [Approved by the Governor,
April 26, 1848.]
/^I, O m -A.'i -^CT establishing additional Terms of the Probate Court in the County of
LyfiapZlV. Middlesex.
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 :
Additional Probatc courts, in addition to those now by law required
courts at Low- to be held in the county of Middlesex, shall be held at
bridle. ^^""^ Lowell on the first Tuesday of March and on the third
Tuesday of September, and at Cambridge on the second
Tuesday of June and on the third Tuesday of December,
in each year. [Approved by the Governor, April 26, 1848.]
Chnr) 91 1 -^^ ^^'^ ^^ incorporate the North Adams Savings Bank.
' BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Isaac Hodges, Thomas Robinson, William E. Brayton,
their associates and successors, are hereby made a corpo-
ration, by the name of the North Adams Savings Bank, to
Savings Bank in he established in the town of Adams, with all the powers
North Adams, and privileges, and subject to all the duties, liabihties, and
restrictions, set forth in the thirty-sixth chapter of the Re-
vised Statutes, and in all other laws of this Commonwealth
relating to institutions for savings. [Approved by the Gov-
ernor, April 26, 1848.]
/^l. 01 O -^^ ■^^'^ '° authorize WiUiam H. Delano and Benjamin F. Delano, to extend
U/iOp^l^. 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 :
William H. Delano and Benjamin F. Delano, proprietors
1848. Chap. 212—213. 717
of a wharf and flats situate on Border Street, in that part To extend
of Boston known as East Boston, and situate between and wharf in East
adjoining the land and flats of William Fettyplace, and missiouersM'ine.
Albert Bowker, and John M. and R. B. F'orbes, are hereby
authorized to extend and maintain their wharf into the
harbor channel, as far as the line established by the act
entitled, " An Act concerning the Harbor of Boston," passed
on the seventeenth day of March, in the year one thousand
eight hundred and forty, and shall have the right to lay
vessels at the end and sides of said wharf, and receive
wharfage and dockage therefor: provided^ however^ that Proviso.
this grant shall not be construed to extend to any flats or
land of this Commonwealth, lying in front of the flats of
any other person, or which Avould be comprehended by
the true lines of such flats continued to the said com-
missioners' line : and 'provided^ also, that so much of said Proviso.
wharf as may be constructed below low-water mark shall
be built on piles, which piles shall not be nearer to each
other than six feet in the direction of the stream, and eight
feet in a transverse direction, and that this act shall in no
wise impair the legal rights of any person whatever. [Ap-
proved by the Governor, April 26, 18 48. J
An Act to authorize James Cunningham to extend his Wharf. CA^W 213
BS it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. James Cunningham, proprietor of a wharf To extend
and flats, situate on Sumner Street, in that part of Boston S'^Y*^ '" ^^*'
, '-n T-« 11-1 IT-- Boston to com-
known as ±!iast Boston, and lymg between and adjommg missioners'iine.
land and flats, now or lately belonging to William G.
Holmes, and Kelly and Holmes, is hereby authorized to
extend and maintain his wharf into the harbor channel, as
far as the line established by the act, entitled "An Act con-
cerning the Harbor of Boston," passed on the seventeenth
day of March, in the year one thousand eight hundred and
forty, and shall have the right to lay vessels at the end and
sides of said wharf, and receive wharfage and dockage
therefor : provided, however, that this grant shall not be ProvUo.
construed to extend to any flats or land of this Common-
wealth, lying in front of the flats of any other person, or
which would be comprehended by the true lines of such
flats continued to the said commissioners' line: arid pro- Proviso,
vided, also, that so much of said wharf as may be con-
structed below low-water mark shall be built on piles,
which piles shall not be nearer to each other than six feet
in the direction of the stream, and eight feet in a transverse
direction, and that this act shall in no wise impair the legal
rights of any person whatever. [Approved by the Governor^
April 26, 1848.]
92
718
1848.-
■Chap. 214.
Justice of po-
lice court in
New Bedford
to have a salary
of glOOO from
city treasury.
Annual salary
of clerk, §400.
ChaV 214. ^" ^^'^ ^^"^ ^^'^ better Establishment of the Police Court of the City of New
-^ * Bedford.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Section 1. The standing justice of the poHce court of
the city of New Bedford shall, from and after llie time
when this act shall take effect, receive, in full compensation
for all services which by law he is required to perform as
said justice, an annual salary of one thousand dollars, to
be paid quarterly from the treasury of the city of New
Bedford.
Section 2. A clerk shall be appointed for said court,
who shall do all the duties which are by law now pre-
scribed to the justice of said court acting as clerk, and shall
receive, in full compensation for all his services as clerk,
except for certificates and copies of papers and proceedings
of said court, an annual salary of four hundred dollars, to
be paid quarterly from the treasury of the city of New
Bedford.
Section 3. All fees and charges, now by law authorized
to be collected and received by the standing justice of said
police court, shall hereafter be collected and received by
the clerk of said court, and by him accounted for to the
city government in New Bedford, and paid quarterly into
the treasury of said city.
Section 4. The clerk shall be sworn to the faithful per-
formance of the duties of his office, and shall give bond to
the city of New Bedford, in such sum as the city council
shall order, with a surety or sureties to the acceptance of
the city treasurer, with condition for the faithful perform-
ance of the duties of his office.
Section 5. The clerk shall not be retained or employed
as counsel or attorney in any suit, complaint, or other pro-
ceeding whatever, before said court, nor in any which shall
have been heard, tried, or examined, therein.
Section 6. The governor, with the advice of the coun-
cil, shall appoint a duly qualified person to be clerk of said
court, who shall hold his office during the pleasure of the
governor and council; and in case of his death or absence,
the court shall appoint a clerk ^;/-o tempore, who shall act
until the standing clerk shall resume the duties of his office,
or another shall be appointed by the governor.
Section 7. All writs and processes, issuing from said
court, shall bear teste of the standing justice, or, if there
be no standing justice, then of a special justice of said
court, and shall be signed by the clerk; and in other re-
spects they, and the proceedings thereon, shall be substan-
tially the same as in like cases before justices of the peace.
Section 8. The said police court shall be held on one
All fees, &c., to
be received,
&c., and paid
into city treas-
ury by the
clerk.
Clerk to be
sworn, and to
give bonds.
Clerk not to be
counsel, &.c.
To be appoint-
ed by governor
and council.
Clerk pro tem-
pore may be
appointed by
the court.
Teste, (fee, of
writs, &c.
1848. Chap. 214—216. 719
fixed day in each week, and as much often er as may be Time and place
necessary, for the entry and trial of civil actions, the hear- cou'lu'''"^ ^^^
ing of motions, and such other civil business as may come
before it, either in the court-house, or in any other suitable
place within said city, which may be provided therefor by
the city government, and may be adjourned to any other
place in the said city as occasion shall require.
Section 9. This act shall take effect from and after the To take effect
first day of June, in the year one thousand eight hundred june?*^'°^
and forty-eight; and all acts, or parts of acts, inconsistent repeal of acts,
with the provisions of this act, are hereby repealed. [Ap- ^'^•
proved hy the Governor, April 26, 1848.]
An Act to incorporate the Hampshire Flax and Hemp Company. ChaT) 215
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Cornelius Delano, Harrison Root, Cordial Corporators.
Crane, their associates and successors, are hereby made a
corporation, by the name of the Hampshire Flax and Hemp
Company, for the purpose of growing, rotting, dressing. For the raisin,^,
and manufacturing flax and hemp, and the seed thereof, ^c^-, and manu-
and of making machinery suitable therefor, in the county hemp aifd flax,
of Hampshire; with all the powers and privileges, and '^ ^^^■"psh're
subject to all the duties, liabilities, and restrictions, set forth °""^"
in the thirty-eighth and forty-fourth chapters of the Re-
vised Statutes.
Section 2. Said corporation may hold real and personal Estate, real and
estate for the purposes aforesaid, and their whole capital cap^^aUiock
slock shall not exceed fifty thousand dollars. [App7'oved by not to exceed
the Governor, April 26, 1848.] ^^<^'00o.
An Act to authorize Daniel D. Kelly and William G. Holmes to extend nhn'n^\&
their Wharf. ji
BE it enacted by the Senate and Hoiise of Representa-
tives, iti General Court assembled, and by the authority of
the same, as follows :
Daniel D. Kelly and William G. Holmes, proprietors of To extend a
a wharf and flats, situate on Sumner Street, and opposite gj^^^^j" ^?**
Liverpool Street, in that part of Boston called East Boston, commissioners'
lying between and adjoining the estate of Henry Pidgeon 1'"^-
and Benjamin Pool on the east side, and James Cunning-
ham on the west, are hereby authorized to extend and main-
tain their wharf into the harbor channel as far as the line
established by the act entitled " An Act concerning the Har-
bor of Boston," passed on the seventeenth day of March,
one thousand eight hundred and forty, and shall have the
right to lay vessels at the end and sides of said wharf, and
receive wharfage and dockage therefor : jnovided, however, Proviso. ^
that this grant shall not be construed to extend to any flats
720
-Chap. 216—218.
Proviso.
Chap211.
To extend a
wharf in East
Boston to the
commissioners'
line.
Proviso.
Proviso.
or land of this Commonwealth lying in front of the flats of
any other person, or which would be comprehended by the
true lines of such flats, continued to the said commissioners'
line : and provided further, that so much of said wharf as may
be constructed below low-water mark shall be built on piles,
which piles shall not be nearer to each other than six feet
in the direction of the stream, and eight feet in a transverse
direction, and that this act shall in no wise impair the legal
rights of any person whatever. [App7~oved by the Governor,
Ajiril 26, 184S.]
An Act to authorize Joseph P. Woodbury and James A. Woodbury 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 :
Joseph P. Woodbury, and James A. Woodbury, proprietors
of a wharf and flats, situate on Border Street, in that part
of Boston known as East Boston, and lying between and
adjoining the land and flats of Sarnuel Hall, and J. M.
Forbes and R. B. Forbes, are hereby authorized to extend
and maintain their wharf into the harbor channel, as far as
the line established by the act entitled " An Act concerning
the Harbor of Boston," passed on the seventeenth day of
March, in the year one thousand eight hundred and forty,
and shall have the right to lay vessels at the end and sides
of said wharf, and receive wharfage and dockage therefor:
provided, however, that this grant shall not be construed to
extend to any flats or land of this Commonwealth lying in
front of the flats of any other person, or which would be com-
prehended by the true lines of such flats continued to the said
commissioners' line : a7id provided, also, that so much of
said wharf as may be constructed below low-water mark
shall be built on piles, which piles shall not be nearer to
each other than six feet in the direction of the stream, and
eight feet in a transverse direction ; and that this act shall in
no wise impair the legal rights of any person whatever.
[Approved by the Governor, April 27, 1848. J
Chap21Q,
Corporators.
An Act to incorporate the Massasoit SmeUing 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 :
Section 1. Thomas A. Dexter, Augustus Aspinwall,
William Aspinwall, their associates and successors, are
hereby made a corporation by the name of the Massasoit
Forthesmehing Smelting Company, for the purpose of smelting and manii-
and manufaciur- facturiug coppcr and coppcr ore on Point Shirley, so called,
&l°in*'c^eN' in the town of Chelsea, or on some one of the islands in
sea, &c. Boston Haiboi ; with all the powers and privileges, and
1848. Chap. 218—220. 721
subject to all the duties, liabilities, and restrictions, set forth
in the thirty -eighth and forty-fourth chapters of the Revised
Statutes.
Section 2. Said corporation may hold, for the purposes Real and per-
aforesaid, real and personal estate, and their whole capital *°"?' T^T^i
stock shall not exceed one hundred and fifty thousand dol- not"to eLTed
lars. [Approved by the Governor, April 27, 1848.] ^i60,ooo.
An Act to authorize Francis J. Oliver to build a Wharf. Ch^'n'2.^ 9
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Francis J. Oliver, proprietor of flats situated on Marginal Wharf in East
Street, in that part of Boston known as East Boston, and Boston to ex-
■t ■ \ IT-- 11 1/1 11 iena to commis-
lying between and adjommg land and flats now, or lately, sioners' line,
belonging to Sumner and Fosdick, and Stephen White, is
hereby authorized to build and maintain a wharf on said
flats, and to extend it into the harbor channel as far as the
line established by the act entitled " An Act concerning the
Harbor of Boston," passed the seventeenth day of March in
the year one thousand eight hundred and forty, and shall
have the right to lay vessels at the end and sides of said
wharf, and receive wharfage and dockage therefor : ])rovi- Proviso.
ded, hoivcver, that this grant shall not be construed to extend
to any flats or land of this Commonwealth lying in front of
the flats of any other person, or which would be compre-
hended by the true lines of such flats continued to the said
commissioners' line : and provided also, that so much of said Proviso.
wharf as may be constructed below low-water mark shall
be built on piles, which piles shall not be nearer to each
other than six feet in the direction of the stream, and eight
feet in a transverse direction ; and that this act shall in no
wise impair the legal rights of any person whatever. [Ap-
proved by the Governor, April 27, 1848.]
An Act to incorporate the American Net and Twine Manufacturing r^hnn^Of)
Company. ^najJ ^^KJ.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. David Fairbanks, Samuel Soper, Enos Nick- Corporators,
erson, their associates and successors, are hereby made a
corporation, by the name of the American Net and Twine
Manufacturing Company, for the purpose of manufacturing Formanufactur-
nets, seines, twine and cordage adapted to the use of nets '"g nets, twine,
and seines, in the city of Boston; with all the powers and hi'Bofton. '^''
privileges, and subject to all the duties, restrictions, and
liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
722
1848.-
-Chap. 220—222.
Real estate
not to exceed
Section 2. Said corporation may take and hold such real
S50 000- cap- estate as may be necessary and convenient for carrying on
itai stock not to the manufacturing aforesaid, not exceeding in vahie fifty
Fiooooo thousand dollars ; and the whole capital stock of said com-
' pany shall not exceed one hundred thousand dollars. [Ap-
proved by the Governor, April 27, 1848,]
Chap22l.
To extend
wharf in East
Boston to com-
missioners'line.
Proviso.
Proviso.
Chap222.
Corporators.
To construct a
dam across
Connecticut
River, with
locks and
canals.
Wali-r-power^
for manufac-
turing from cot-
ton, wool, iron,
wood, &c.
An Act to authorize Ebenezer Weeks 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 :
Ebenezer Weeks, proprietor of a wharf and flats, situated
at the west end of Sumner Street, in that part of Boston
known as East Boston, and lying between and adjoining
the land and flats of Samuel Aspinwall and William Dilla-
way, is hereby authorized to extend and maintain his wharf
into the harbor channel, as far as the line established by
the act entitled "An Act concerning the Harbor of Boston,"
passed on the seventeenth day of March, in the year one
thousand eight hundred and forty, and shall have the right
to lay vessels at the end and sides of said wharf, and receive
wharfage and dockage therefor : provided, however, that this
grant shall not be construed to extend to any flats or land
of this Commonwealth, lying in front of the flats of any
other person, or which would be comprehended by the true
lines of such flats, continued to the said commissioners' line ;
and provided, also, that so much of said wharf as may be
constructed below low-water mark shall be built on piles,
which piles shall not be nearer to each other than six feet
in the direction of the stream, and eight feet in a transverse
direction ; and that this act shall in no wise impair the legal
rights of any person whatever. [Approved by the Governor,
April 27, 1848.]
An Act to incorporate the Hadley Falls Company.
BE it enacted by the Senate and House of Representa-
tives, in Geyieral Court assembled, and by the authority of
the same, as follows :
Section 1. Thomas H. Perkins, George W. Lyman, Ed-
mund Dwight, their associates and successors, are hereby
made a corporation, by the name of the Hadley Falls Com-
pany, for the purpose of constructing and maintaining a dam
across the Connecticut River, and one or more locks and
canals in connection with the said dam ; and of creating a
water-power, to be used by said corporation, for manufac-
turing articles from cotton, wool, iron, wood, and other
materials, and to be sold, or leased, to other persons and
' corporations, to be used for manufacturing or mechanical
purposes, and also for the purposes of navigation ; and shall
have all the powers and privileges, and be subject to all the
1848. Chap. 222. 723
duties, liabilities, and restrictions, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Section 2. Said corporation may hold real estate not Real estate not
exceeding, in value, five hundred thousand dollars, exclu- g'so^Jolxf;
sively of improvements ; and their whole capital stock shall Capital stock
not exceed four millions of dollars, which shall be divided '^^'^ooo^ooo^
into shares of five hundred dollars each. shares $500.
Section 3. Said corporation is hereby authorized and Location, &c.,
empowered to construct and maintain a dam across said °he''river"t'^*
river, at South Hadley, at any point between the present South Hadiey.
dam of the proprietors of the locks and canals on Connecti-
cut River, and the lower locks of said proprietors, and of a
height sufficient to raise the water to a point not exceeding
the present level of the water above said last-mentioned
dam.
Section 4. Said corporation shall pay such damages to Damages may
the owners of the present fishing rights, existing above the counTy clTmmi^-
dam which the said company is herein empowered to con- sioners.
struct, as may be awarded by the county commissioners of
the counties in which said rights exist.
Section 5. The Hadley Falls Company, or any of the Proceedings be*
owners of said fishing rights, may, at any time, apply to (^[g^gi'^ners.'""
said county commissioners, to proceed to ascertain and
determine the damages to said fishing rights; and, on such
application, the said county commissioners shall appoint a
time and place of meeting, to hear the parties interested, by
advertising the same in one or more newspapers published
in the counties of Hampshire and Franklin, four weeks, at
least, previously to the day fixed for said meeting; and the
said commissioners shall determine and award the damages
to the said fishing rights, within sixty days from the date
of said application to them for that purpose; subject, how-
ever, to an appeal to a jury from such assessments, in the Appeal to a
same manner, and with like proceedings, as in cases of J"""^-
assessments of damages by county commissioners for land
taken for highways; and all expenses accruing under such
application to, and determination of, the county commis-
sioners, shall be borne by the Hadley Falls Company.
Section 6. For the purpose of reimbursing said corpora- Toils to reim-
tion, in part, for the cost of keeping said locks and canals ^""e>'^'=-
in repair, and tending the same, it shall be lawful for them,
with the consent of the proprietors of the locks and canals
on Connecticut River, to charge, on all descriptions of mer-
chandise, boats, and rafts, the same rates of toll as are
allowed by law to the said proprietors, for similar service.
Section 7, It is not intended hereby to empower the Connecticut
Hadley Falls Company to injure the works of the Connecti- clmpa'^J^rw
cut River Railroad Company; and all questions which may aflecicd. '
arise between them, under the provisions of this act, may be
724
1848.-
-Chap. 222—223.
adjusted according to the mutual agreements already exist-
ing, or hereafter to be made, by said companies.
Section S. This act shall take etYect from and after its
passage. [Approved by the Gover?ior, April 28, 1848.]
Chap223.
Corporators.
Railroad from
Salem to
Lowell.
Proviso.
Bridge over
North River,
with draw ;
to be erected
as required by
counljr commis-
sioners of Essex,
For neglect of
duty, company
liable lo action
for damages.
An Act to incorporate the Salem and Lowell Railroad Company.
jBI^ it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Section 1. Joseph S. Cabot, Stephen C. Phillips, William
Livingston, their associates and successors, are -hereby made
a corporation, by the name of the Salem and Lowell Rail-
road Company, with all the powers and privileges, and
subject to all the duties, restrictions, and Uabilities, 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 railroad corporations, and in all the statutes subsequently
passed, relating to railroad corporations.
Section 2. Said corporation may construct and maintain
a railroad upon the following route : — Beginning at some
convenient point in the city of Salem; thence, passing
through the North Parish of Danvers, and along the valley
of Crane River, so called ; thence, by the paper-mill in
Middleton ; thence, along the valley of Ipswich River,
through Reading, to a point on the Lowell and Lawrence
Railroad, in Tewksbury; and thence, along the track of the
latter railroad, to Lowell: provided, nevertheless, that. said
corporation may proceed from the depot of the Essex Rail-
road, at South Danvers, along the valley of Proctor's Brook,
so called, to the paper-mill in Middleton, and thence onward,
by the route before described.
Section 3. In case of crossing the North River at Salem,
the said company shall build^and maintain a suitable bridge,
having a suitable draw for the passing and repassing of ves-
sels ; and the said company shall build the bridge, and
locate, and make the draw of such width, and shall erect a
pier or piers adjacent thereto, in such manner as the county
commissioners of the county of Egsex shall require, in
writing; and the said company shall keep the draw and
piers in good repair, and shall open the draw, and aflbrd all
reasonable accommodation to vessels having occasion to
pass through the same, by day or by night; and if any ves-
sel shall be unreasonably detained in passing the draw, by
the negligence of said company in constantly providing
agents to discharge faithfully the duties enjoined by this
act, the owner, commander, or person having the consign-
ment of said vessel, may recover reasonable damages there-
for, of said company, in an action on the case, before any
court competent to try the same.
1848. Chap. 223. 725
Section 4. The capital stock of said railroad company Capital stock,
shall consist of not more than four thousand shares, the s4oJ'o'oo •'''^°
number whereof shall be determined by the directors; and share's sibo.
no assessment shall be laid thereon, of a greater amount, in
the whole, than one hundred dollars on each share; and the
said company may purchase and hold such real estate, ma-
terials, engines, cars, and other things, as may be necessary
for depots for the use of said road, and for the transportation
of passengers and merchandise.
Section 5. The legislature may, after the expiration of Legislature
four years from the time when said railroad shall be opened J^Ds '^®''"'^*
for use, from time to time, alter or reduce the rate of tolls,
or other profits, upon said road; but the said income shall
not, without the consent of said corporation, be so reduced,
as to yield less than ten per cent, per annum to the stock-
holders.
Section 6. If the said company shall not, within one Location and
year, file a location of their route in the manner prescribed completion,
by law, or if said railroad shall not be completed within
three years from the passage of this act, then this act shall
be void.
Section 7. Said company may enter, with their railroad, May use Essex
by proper turn-outs and switches, upon the Essex Railroad, Lowe°i'and"**
at Danvers or Salem, and upon the Lowell and Lawrence Lawrence Rail-
Railroad, at Tewksbury, and may use the same, or any '■°^*^-
part thereof, paying therefor such rate of toll as may be
agreed upon, or as the legislature shall establish, and com-
plying with such reasonable regulations as may be estab-
lished by the Essex, or Lowell and Lawrence Railroad
Companies : provided, that the corporation hereby created Proviso.
shall not enter upon said railroads with any motive power,
unless the said railroad companies shall refuse to draw over
their roads, or any part thereof, the cars of the corporation
hereby established.
Section 8. Said corporation may cross the track of the May cross the
Boston and Maine Railroad, but no connection shall ever J^^*|^°Jj^'^'^*
hereafter be formed between the tracks of said last-named
railroad corporation and those of the corporation hereby Connection be-
created, nor shall the cars of the corporation hereby created 'o Jte" fcVpas-
be permitted to stop, for the purpose of receiving or deliver- senge/s, &c.,
ing passengers or merchandise, at any point upon their own how prohibited.
track, within one mile of the track of said Boston and
Maine Railroad; and the supreme judicial court of this
Commonwealth shall have power to restrain, by injunction, injunction by
any attempts which shall be made, directly or indirectly, by d^^'ja^'^ourt"
the corporation hereby created, or by the Boston and Maine
Railroad Corporation, to violate the conditions of this section.
All injunctions, as aforesaid, may be granted by any justice
of the supreme judicial court, according to the ordinary
course of proceeding in courts of equity,
93
726
1848.-
■Chap. 223—225.
Chap 224<.
to commis-
sioners' line,
Essex Railroad SECTION 9. The Esscx Railroad Company are authorized
thol^z^e^dfobuiid *^ build and maintain so much of the route described in the
part of route, second section of this act, as is included between Salem and
the New Mills in Danvers: provided^ that said Essex Rail-
road Company allow the corporation hereby created to
maintain an independent track over their road-bed, between
Salem and the JNew Mills, as aforesaid.
Section 10. This act shall take effect from and after its
passage, [Approved by the Governor, April 26, 1848. J
An Act to authorize Samuel Aspinwall 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 :
To extend wharf Samucl Aspiuwall, proprietor of a wharf situate on Bor-
in East Boston dcr Street, in that part of Boston known as East Boston,
and lying between and adjoining lands and flats of Eben-
ezer Weeks, and of the heirs of John Snelling, is hereby
authorized to extend and maintain his wharf into the har-
bor channel, as far as the line established by the act entitled
"An Act concerning the Harbor of Boston," passed on the
seventeenth day of March, in the year one thousand eight
hundred and forty ; and shall have the right to lay vessels
at the ends and sides of said wharf, and to receive wharf-
age and dockage therefor : provided, however, that this grant
shall not be construed to extend to any flats of this Com-
monwealth lying in front of the flats of any other person,
or which would be comprehended by the true lines of said
flats extended to the said commissioners' line : a?id jyrovidcd
also, that so much of said wharf as may be constructed
below low-water mark shall be built on piles, which piles
shall not be nearer to each other than six feet in the direc-
tion of the stream, and eight feet in a transverse direction ;
and that this act shall in no wise impair the legal rights of
any person whatever, [Approved by the Governor, Ajiril 28,
1848,]
Proviso.
Prov
Chap 226.
Powers under
act of incorpo-
ration to cease
on the first day
of June next.
All acts, &c.,
by a committee
appointed by
An Act to repeal the charter of the Massachusetts Fire and Marine Insur-
ance Company, and to extend the time for settling its concerns.
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 :
Section 1, The Massachusetts Fire and Marine Insur-
ance Company shall, from and after the first day of June
next, cease to be an insurance company, in the same man-
ner, and to all intents, as if the act incorporating said com-
pany, and the several acts in addition thereto, would then
have expired by their own limitation.
Section 2, All acts heretofore done, and all conveyances
heretofore made, by a committee chosen at a meeting of the
1848. Chap. 225—226. 727
stockholders of said company, held on the ninth day of Sep- stockholders in
tember in the year one thousand eight hundred and forty-four, ^^44, confirmed.
in pursuance of votes passed at said meeting, for closing the
concerns of said company, are hereby ratified and confirmed.
Section 3. Said company shall continue to be a corpora- Corporate pow-
tion for the purpose of settling its affairs, until the same f^"^f^°"py).p^^^g
shall be finally closed; with all the powers, and subject to of ciosingcon-
ali the limitations, except as to time, set forth in the seventh compa°V-''R s
section of the forty-fourth chapter of the Revised Statutes; ch. 44., sec. 7",
and the stockholders of said company may choose, at a^j^^P'^^^°
meetiiia; to be called as hereinafter provided, two or more ^
'~ 1 ,, S r ^1 ■ 1 rustees may
trustees to do all acts necessary and proper tor this pur- be appointed,
pose.
Section 4. In case of the death, resignation, or inability, Trustees au-
of either or any of said trustees, or of any future trustee, !!!°"^t'Ll° ^''
before the concerns of said company shall be finally closed,
the then remaining trustees are hereby authorized, by an
instrument under their hands, to fill such vacancy, and the
trustees so appointed shall have the same authority in every
respect as the trustees first chosen.
Section 5. Said trustees may call meetings of said stock- Trustees may
holders whenever they shall deem it necessary, by giving stockhoide'rf ! °
notice of the time and place of such meetings by advertise-
ment in two newspapers published in the city of Boston,
ten days previous thereto ; and one of said trustees shall
keep a record of all votes of the stockholders passed at such
meetings.
Section 6. This act shall not take effect unless it shall This act to be
be accepted by the stockholders of said companj'', at a meet- ^todfhoider^. ^^
ing to be called by three stockholders, by notice to be pub-
lished in two newspapers printed in the city of Boston, ten
days previous to said meeting ; and a record of the proceed- Vote of accept-
ings of said meeting shall be kept by a stockholder to be mitttd^to^Secre-
chosen for that purpose, who shall act under oath, and who taryofiheCom-
shall file with the secretary of the Commonwealth a copy ""^""'^ ^ •
of the vote accepting this act, within ten days after such
acceptance. [Approved by the Governor, April 2S, 1848.]
An Act to incorporate the Monterey Hydraulic Company. Chctp^^G.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Egbert B. Garfield, Major Alger, Joseph W. Corporators.
Howe, their associates and successors, are hereby made a
corporation, bv the name of the Monterey Hvdraulic Com- Tocreateand
/•., " c J. ^- i-' 1 hold a water-
pany, tor the purpose of constructing, supporting and occupy- power in Monte-
ing, a reservoir of water in the town of Monterey, in the rey,formanu-
county of Berkshire, and of increasing the water-power of ses!"""^ ^"'^'^°'
the stream running from the Brewer Pond, (so called,) for
the benefit of the mills and manufacturing establishments
728 1848. Chap. 226—228.
thereon, with all the powers and privileges, and subject to
all the duties, restrictions and liabilities, set forth in the
thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Estate, real and SECTION 2. Said Corporation is hereby authorized to make
exceed^'' "°^ *° and construct all necessary dams, gates and trenches, and
po,ooo. to hold real and personal estate, necessary and convenient
for the purposes aforesaid, not exceeding in amount thirty
thousand dollars.
Deeds, &c., SECTION 3. All dccds, leases, or other conveyances of
madetotreas- ^.gg^^ estate, heretofore made to Frederick D. IngersoU, as
ur6r 01 jiVdraU" ' o '
He Association, treasurer of the Tyringham, Hartsville, and Mill River
confirmed to the Hydraulic Association, shall enure to the benefit of, and be
holden upon the same terms and conditions as if the same
had been made directly to, said corporation by its corporate
name. [Approved by the Gover7ioi\ April 28, 1848.]
ChdV 227. -^^ -^^^ '° authorize Otis Tufts to extend his Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Cow^i assembled, and by the authority of
the same, as follows :
To extend a Otis Tiifts, proprietor of a wharf near Webster Street, in
wharf in East that part of Bostou known as East Boston, and lying be-
m?s*sionersMine. tweeu and adjoining the lands of the Boston Steam Flour
Mill Company, and A. C. Lombard, on the one side, and the
estate of Tuttle, Dexter and Smith, so called, on the other, is
hereby authorized to extend and maintain his wharf into the
harbor channel, as far as the line established by the act
entitled " An Act concerning the Harbor of Boston," passed
on the seventeenth day of March, in the year one thousand
eight hundred and forty, and shall have the right to lay-
vessels at the end and sides of said wharf, and receive wharf-
Proviso. age and dockage therefor : provided, hoioever, that this grant
shall not be construed to extend to any flats or land of this
Commonwealth lying in front of the flats of any other per-
son, or which would be comprehended by the true lines of
such flats continued to the said commissioners' line : and
Proviso. provided, also, that so much of said wharf as may be con-
structed below low-water mark, shall be built on piles,
which piles shall not be nearer to each other than six feet in
the direction of the stream, and eight feet in a transverse
direction ; and that this act shall in no wise impair the legal
rights of atiy person whatever. [Approved by the Governor j
April 28, 1848.]
ChdV 228. -^^ ^^"^ ^^ authorize Jeremiah Mayo and others to build a Breakwater and
■^ ' Wharves.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
iJewsTe^r^ with Jeremiah Mayo and his associates are hereby authorized
1848. Chap. 228—230. 729
to construct and maintain a breakwater near a place called wharves con-
" Point of Rocks," in the harbor of Brewster, and to extend necked ihere-
the same from said point of rocks, easterly, eight hundred ^'
feet; also to construct and maintain wharves to connect
with said breakwater; and shall have the right to lay ves-
sels at said wharves, and receive wharfage and dockage
therefor : provided, that this grant shall in no wise impair Proviso.
the legal rights of any person whatever. [Ajyproved by the
Gover7ior, April 28, 1848.]
Chap229.
An Act giving power to the City Government in New Bedford respecting
Timber and Lumber brought into that city for sale.
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 city government in New Bedford may ordain and to establish
establish, in said city, such ordinances and regulations, with ordinances, with
suitable penalties, respecting the appointment of surveyors, The" survey of
and the survey and admeasurement of boards, plank, timber, lumber, &c.
and lumber of every description, brought by water, or other- surveyo'rT"' '^
wise, into said city for sale, as they may, from time to time,
determine to be expedient and just. ^Ajxproved by the Gov-
ernor, April 28, 1848. J
An Act to authorize Ammi C. Lombard, and others, to build Wharves. Ch/rn'^'^O
BE it enacted by the Senate and House of Representa-
lives, in General Court assembled, and by the aiitliority of
the same, as follows :
Ammi C. Lombard, Israel Lombard, and Charles O. Whit- To build
more, proprietors of flats situate on Border Street, in that Boston lo"i£^^'
part of Boston known as East Boston, and lying between, commissioners'
and adjoining the land and flats of John J. Low and Francis ''"^•
Low, and of land and flats of the East Boston Company, are
hereby authorized to build, extend, and maintain, wharves
from said flats into the harbor channel, as far as the line
established by the act entitled "An act concerning the Har-
bor of Boston," passed on the seventeenth day of March, in
the year one thousand eight hundred and forty; and shall
have the right to lay vessels at the ends and sides of said
wharves, and receive wharfage and dockage therefor : pro- Proviso.
vided, however, that this grant shall not be construed to ex-
tend to any flats or land of this Commonwealth, lying in
front of the flats or land of any other person, or which
would be comprehended by the true lines of such flats, con-
tinued to the said commissioners' line : and provided, also. Proviso.
that so much of said wharves as may be constructed below
low-water mark shall be built on piles, which shall not be
nearer to each other than six feet in the direction of the
stream, and eight feet in a transverse direction, and that this
act shall in no wise impair the legal rights of any person
whatever. [Approved by the Governor, April 28, 1848.]
730
1848.-
-Chap. 231.
Route of rail-
road.
Capital stock
$120,000;
shares glOO.
ChdV^Sl. -^^ ■^'^^ '° incorporate the Saugus Branch Railroad Company.
BE a enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. SECTION 1. Edward Franker, George W. Raddin, Wil-
liam Parker, Joshua Webster, James Eaton, Gilbert Haven,
their associates and successors, are hereby made a corpora-
tion, by the name of the Saugus Brauch Railroad 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 railroad
corporations, and in all statutes subsequently passed relat-
ing to railroad corporations.
Section 2. The said corporation may construct and
maintain a railroad upon the following route : — Beginning
at a point at or near Sweetser's Mills, in Saugus; thence,
passing through the centre of Saugus, through the east vil-
lage in Maiden ; thence, through the centre of Maiden, to
unite with the Boston and Maine Railroad, at some conve-
nient point in the town of Maiden.
Section 3. The capital stock of said railroad corporation
shall consist of not more than twelve hundred shares, the
number of which shall be determined, from time to time,
by the directors thereof ; and no assessment shall be
made 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, 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 merchandise.
Section 4. If the said corporation be not organized, and
if the location of their said road be not filed, according to law,
within two years from the passage of this act, or if the
same railroad be not completed within four years from the
passage of this act, then this act shall be void.
Section 5. The legislature may authorize any corpora-
tion to enter with another railroad at any point of said Sau-
gus Branch Railroad, 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 Com-
monwealth, complying with the rules and regulations which
may be established by said Saugus Branch Railroad Cor-
Proviso. poration : provided, however, that no other corporation shall
enter upon said Saugus Branch Railroad with any motive
power, unless the said Saugus Branch Railroad Corporation
shall refuse to draw over their railroad, or any part thereof,
the cars of any other railroad corporation which may be
authorized to enter with their railroad upon said Saugus
Branch Railroad.
Location and
completion.
Road may be
used by other
companies.
1848. Chap. 231—233. 731
Chap 232.
Section 6. This act shall take effect from and after its
passage. [Approved by the Governor^ April 28, 1848.]
An Act to authorize George W. Brown and Josiah G. Lovell 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 :
Section 1. George W. Brown and Josiah G. Lovell, To extend a
proprietors of a wharf and flats, situate on Sumner Street, l^'^'""'^ '" ^^^^
■T r ■ -I -\ <-■> -1 <- r> 1 Boston to com-
and opposite London Street, m that part of Boston known missioners' line.
as East Boston, and lying between and adjoining the land
and flats of the heirs of Jesse Tuttle on the east side, and
Larkin Thorndike on the west, are hereby authorized to
extend and maintain their wharf into the harbor channel
as far as the line established by the act entitled " An Act
concerning the Harbor of Boston," passed on the seventeenth
day of March, in the year one thousand eight hundred and
forty ; and shall have the right to lay vessels at the end and
sides of said wharf, and receive wharfage and dockage
therefor : provided, hoicever, that this grant shall not be Proviso.
construed to extend to any flats or land of this Common-
wealth lying in front of the flats of any other person, or
which would be comprehended by the true lines of such
flats continued to the said commissioners' line; and pro- Proviso.
vided, also, that so much of said wharf as may be con-
structed below low-water mark shall be built on piles,
which piles shall not be nearer to each other than six feet
in the direction of the stream, and eight feet in a transverse
direction ; and that this act shall in no wise impair the legal
rights of any person whatever. [Approved by the Gov-
ernor, Ajjril 28, 1848.]
An Act to incorporate the Town of Chicopee. C^hnrt 23S
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Section 1. All that part of the town of Springfield, TownofChico-
which lies northerly of the following described lines, name- pee formed
1 1 • ■ '' F , ' T from Spring-
ly, beginning at a stone monument, by two oak trees, stand- field.
ing together on the bank of Connecticut River, near to and Boundaries.
northerly of the house of Edwin Spooner, and running
thence westerly, by a line at right angles with the river, to
the easterly line of West Springfield ; thence returning to
said stone monument, and running thence northeasterly a
straight line to a stone monument standing on the southerly
bank of Chicopee River, at or near the westerly extremity
of the "Birchem Bend" of said river, so called; thence
the same course to the thread of said Chicopee River; and
thence easterly, by the thread of said river, to a point oppo-
732
1848..
■Chap. 233.
Boundaries.
Of taxes.
Debts.
Corporate prop-
erly, funds, &c.
Pending suits.
Paupers.
In case of dis-
agreement in
dividing prop-
erty, &c., CI urt
of common
pleas lor Hamp-
den County
may act in the
premises.
site to the south-west corner of the town of Ludlow ; and
thence to the said corner of Ludlow ; and bounded easterly
by said town of Ludlow, northerly by the towns of Granby
and South Hadley, and westerly by the town of West
Springfield, is hereby incorporated into a separate town, by
the name of Chicopee. And the said town of Chicopee is
hereby vested with all the powers, privileges, rights, and
immunities, and shall be subject to all the duties and requi-
sitions, to which other towns are entitled and subjected by
the constitution and laws of this Commonwealth.
Section 2. The inhabitants of said town of Chicopee
shall be holden to pay, to the collector of the town of
Springfield, all arrearages of taxes legally assessed on them
in the said town of Springfield before the passage of this
act, and shall also be holden to pay their proportion of
state and county taxes that may be assessed upon them
previously to the taking of the next valuation ; said pro-
portion to be ascertained and determined by the town valu-
ation of the town of Springfield next preceding the passage
of this act. And the said town of Chicopee shall be holden
to pay their just and equitable proportion of the debts due
and owing from the town of Springfield, and shall be en-
titled to receive their just and equitable proportion of all
corporate property, school and surplus revenue funds, and
other assets, now owned and held by said town of Spring-
field ; and shall be liable to refund any portion of said sur-
plus revenue which they shall receive, when the same is
called for, according to the provisions of law.
Section 3. The suit at law now pending in favor of
said town of Springfield against the town of Worcester,
may be prosecuted to final judgment, at the expense and
for the benefit of said towns of Springfield and Chicopee.
And the suit in equity, now pending in favor of said town
of Springfield, against the Connecticut River Railroad
Company, shall be assumed, and may be prosecuted to
final judgment, by said town of Chicopee, in the name of
said town of Springfield, at the expense and for the benefit
of said town of Chicopee,
Section 4. Said towns of Springfield and Chicopee shall
be respectively liable for the support of all persons who
now do, or shall hereafter, stand in need of relief as pau-
pers, whose settlement was gained by, or derived from, a
settlement gained or derived within their respective limits.
Section 5. In case said towns should not agree in re-
spect to a division of property, funds, debts, or town pau-
pers, or state or couniy taxes, the court of common pleas
for the county of Hampden shall, upon petition of either
town, appoint three competent and disinterested persons, to
hear the parties, and award thereon ; and their award, or
that of any two of them, accepted by the court, shall be
final.
1848. Chap. 233. 733
Section 6. Said town of Chicopee shall continue to be Elections for
a part of the town of Springfield, for the purpose of elect- ^^p.~'^s"'
ing representatives to the general court, state officers, senat- heretofore until
ors, representative to congress, and electors of president „';^,";j'^\;J^'=^"-
and vice-president of the United States, until the next de-
cennial census shall be taken, in pursuance of the thirteenth
article of amendment of the constitution; and all meetings Meetings, how
for the choice of said officers shall be called by the select- <^^"^^-
men of Springfield, and shall be holden in the town of
Springfield. The selectmen of Chicopee shall make a true
list of persons within their town, qualified to vote at every
snch election, and shall post up the same in said town of
Chicopee, and shall correct the same, as required by law,
and shall deliver the same to the selectmen of Springfield,
before any such election, by whom the same shall be taken
and used, in the same manner as if it had been prepared
by themselves.
Section 7. Any justice of the peace for the county of First meeting
Hampden may issue his warrant, directed to any principal for'd^ctbnof
inhabitant of said town of Chicopee, requiring him to notify officers, how to
and warn the inhabitants thereof, qualified to vote in town be warned, &c.
aff"airs, to meet at the time and place therein appointed, for
the purpose of choosing all such town officers as towns are,
by law, authorized and required to choose at their annual
meetings. And said warrant shall be served by publishing
a copy thereof in some newspaper printed in said Chicopee,
and by posting up copies thereof, all attested by the person
to whom the same is directed, in four public places in said
town, seven days, at least, before the time of meeting.
Such justice, or, in his absence, such principal inhabitant
shall preside, till the choice of a moderator in said meeting.
The selectmen of Springfield shall, before said meeting,
prepare a list of voters in said town of Chicopee, qualified
to vote at said meeting, and shall deliver the same to the
person presiding at said meeting, before the choice of a
moderator thereof
Section 8. The town meetings, required by law to be Annual meet-
holden in the several towns in the Commonwealth in the ["^^■gy'^fj," '**
months of March or April, maybe holden in the said towns present year,
of Springfield and Chicopee in the months of April or
May next ; and at said meetings, all the elections may be
had in said town of Springfield, and all other business
transacted in each of said towns, as if the said meetings
were holden as now provided by lav/.
Section 9. This act shall take effect from and after its
passage. [Aj)proved by the Governor^ April 29, 1848.]
94
734 1848. Chap. 234—237.
Chap 234. -^"^ ^'^'^ relating to Probate Courts in the County of Essex.
BE it enacted hy the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
From and after the first day of July next, a probate
Newburyport. court shall be held annually, in Newbury port, on the last
Tuesdays in March, June, September, and December ; at
Gloucester. Gloucester, on the third Tuesdays in January and July ;
Andover. and at Audovcr, on the second Tuesdays in February and
August, instead of the times now required in those towns ;
Lawrence. and at Lawreuco on the second Tuesdays in June and De-
cember. [Approved by the Governor, April 29, 1848.]
ChdV 235. '^^ "^^"^ concerning Remedies for the Collection of Taxes.
BE it enacted by the Setuite atid House of Representa-
tives, hi General Court assembled, and by tlie authority of
the same, as follows :
Provision of The remedies, prescribed in the fifteenth section of tlie
^*c^i5^'that ^' eighth chapter of the Revised Statutes, are so far extended,
collector of that a collector of taxes may sue in his own name, as
in*his!wn*"^ therein provided, for any tax lawfully assessed upon the
name, extended, personal estate of any deceased person, and maintain his
action against the executor, or general or special adminis-
Proviso. trator : provided, hoioever, that nothing herein contained
shall affect preexisting remedies, or priorities established by
law. [Approved by the Governor, April 29, 1848.]
Ch(ip^3Q. An Act authorizing the Supreme Judicial Court to adjourn the same 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 :
Adjournment SECTION 1. The supreme judicial court shall have power
from one shire to adjoum the Same, at any established term thereof in any
to^no'iirer°for'^ shirc town iu any county, to any other shire town in said
trial of indict- county, for the trial of any indictment against any per--
™®"'" son or persons charged with a capital offence therein pend-
ing, whenever said court shall deem it expedient so to do;
and all recognizances, and processes, and persons required
to be returned to, and to appear at, said established term,
shall be returnable to, and have day in, said adjourned term,
after such adjournment.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 1, 1848.]
CflCip Zo I . j\n Act to authorize Towns to take Land for Schoolhouses.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follotvs :
h'ouse's'mr''be" ^ECTioN 1. Whenever a suitable place shall have been
takeTbya^town designated, by any town or school district, for the erection
commission-
ers.
1848. Chap. 237—238. 735
of a schoolhouse and necessary buildings, agreeably to the "'"j^^'f"'^'
provisions of the twenty-third chapter of the Revised where 'owners
Statutes, and the owner of the land shall refuse to sell the refuse to sell, or
same, or shall demand therefor a price which, in the opin- re^^onaWe """
ion of the selectmen, is unreasonable, the said selectmen, price; damages
with the approbation of the town, may proceed to select, at and paymen? '
their discretion, a schoolhouse lot, and lay out the same, not made or ten-
exceeding in quantity forty square rods, and to appraise the ^"^ y seect-
damages to the owner of such land, in the same way and
manner as is provided for laying out townways and ap-
praising damages sustained thereby ; and upon payment, or
tender of payment, of tlie amount of such damages, by the
town or district designating such schoolhouse lot. to the
owner thereof, the said land shall be taken, held, and used,
for the purpose for which it is designated.
Section 2. Whenever the owner of such land shall feel Appeal to a
aggrieved by the selection and location of such lot, and the J"''^' '^"''"? ^
1 111 1111 -11 I r vear, may be al-
damages awarded, he shall be entitled to have the matter of lowed by coun-
complaint tried by a jury, which may be applied for within *^,
one year after the location of such lot, and shall be ordered
accordingly by the county commissioners ; and the jury
shall have the power to change the location and assess the
damages, and the proceedings shall, in all respects, be con- Same proceed-
i,j-.i ■ -jj- rj inffs as in cases
ducted m the same manner as is provided in cases of dam- ofdamao-esby
ages by laying out highways; and if the damages shall be laying out high-
increased, or the location be changed by the jury, the dam- "**^^'
ages and all charges shall be paid by the town or district
for whose benefit the lot is selected ; otherwise, the charges
which may arise on such application shall be paid by such
applicant. And the land so taken shall beheld and used Land shall re-
for no other purpose than that contemplated in this act, and verttothe
owners o^c. it
shall revert to the owner, his heirs or assigns, upon the school be dis-
discontinuance thereon, for one year, of such school as is continued for
now, or may hereafter be, required of the town or district °"^ ^^^''
by law.
Section 3. All such provisions of law as are inconsistent Repeal of in-
with this act are hereby repealed. [Approved by the Gov- consistent acts.
enior, May I, 1848.]
An Act lo incorporate the Suffolk County Mills. Chcip 238.
BE it enacted by the Senate and House of Representa-
tives, in General Court asse7nbled, and by the autho?ity of
the same, as foUoics :
Section 1. Thomas A. Staples, Junius Hall, Valentine Corporators.
Martin, their associates and successors, are hereby made a
corporation, by the name of the Suffolk County Mills, for
the purpose of manufacturine; flour and meal in the city of Forthemanu-
B. 'ii ,1 ,, " -, . ., , 1 . •' facture of flour
oston ; with all the powers and privileges, and subject to andmeaiin
all the duties, liabilities, and restrictions, set forth in the i^oston-
thirty-eighth and forty-fourth chapters of the Revised
Statutes.
736 1848. Chap. 238—241.
Real and per- SECTION 2. Said Corporation may hold real and personal
sona estate. estate for the purpose aforesaid, and their whole capital
noTto^lxceed stock shall not excecd one hundred and fifty thousand dol-
;gi50,ooo; lars. [Appt'oved by the Governor^ May 2, 1848.]
CAflp239. -A-" Act to incorporate the Boston House 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 :
Corporators. SECTION I. Johu C. Warren, John Tappan, Moses Grant,
their associates and successors, are hereby made a corpora-
tion, by the name of the Boston House Company, for the
For the erection purpose of erecting a public house in the city of Boston,
hL^si'hl'Boston. ^ith all the powers and privileges, and subject to all the
duties, liabilities, and restrictions, set forth in the forty-
fourth chapter of the Revised Statutes.
Real and per- SECTION 2. Said Corporation may hold real and personal
sonai estate not estate, ucccssary and convenient for the purpose aforesaid,
^5(»,oo(f not exceeding in amount five hundred thousand dollars.
Act to be void Section 3. If any ardent spirits, or intoxicating drinks
&r*Sif be"^' °^ ^"y ^^"^ whatever, shall be sold by said company, or by
sold in said their agcuts, or by their lessees, or by persons in their em-
house. piQy^ in sai(j house, then this act shall be void. [Approved
by the Governor, May 2, 1848.]
C%ffj9 240. ^^ ■^^'^ imposing a Penalty on Town or City Officers, for neglect of certain
^ ' duties.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Penalty not ex- If any Selectman, or other town or city officer, shall wil-
for^wilfurneff. ^^^^Y ncglcct or rcfusc to perform any of the duties required
lect, &c., of of him by the fifth chapter of the Revised Statutes, he shall
o"^y ""c*^^'^ ^- forfeit a sum not exceeding two hundred dollars, to be re-
S., eh. 5, con- i-i • -, -i ■ ^ ^ r ^ • c
cerning election covered in the manner provided in the twelfth section ot
of state officers, said fifth chapter. [Approved by the Governor, May 2,
1848.]
Char) 241. ^" ^^^ '° incorporate the Boston Steam Dock Company.
BE it enacted by the Senate and House of Representa-
tives, ill General Court assembled, and by the authority of
the same, as follows :
Corporators. SECTION 1. Albert H. Murdock, John Lilley, Uriah Hi g-
gins, their associates and successqrs, are hereby made a cor-
poratfon by the name of the Boston Steam Dock Company,
Forihe building, for the purpose of constructing, maintaining, using and im-
docksf^d'"*^ proving, docks and wharves in the city of Boston, suitable
wharves in Bos- for building and repairing steamships and other vessels, with
ton for steam- all the powers and privileges, and subject to all the duties,
^ '^*" liabilities and restrictions, set forth in the forty-fourth chap-
ter of the Revised Statutes.
1848. Chap. 241—242. 737
Section 2. Said corporation is hereby authorized to con- Limits of
struct and maintain wharves and docks on and from land ^^c"sTiEa^st
lying in that part of Boston known as East Boston, between Boston maybe
and adjoniing the iron works of Curtis and Company and extended to ^
the ship-yard of Samuel Hall, and to extend the same into une.
the harbor channel as far as the line established by the act
entitled " An Act concerning the Harbor of Boston," passed
on the seventeenth day of March, in the year one thousand
eight hundred and forty ; and shall have the right to lay
vessels in said docks, and at the ends and sides of said
wharves, and receive wharfage and dockage therefor : pro- Proviso,
vided, however, that this grant shall not be construed to
extend to any flats or lands of this Commonwealth lying in
front of the flats of any other person, or which would be
comprehended by the true lines of said flats, continued to
the said commissioners' lifte ; and provided, also, that so Proviso,
much of said wharves and docks as may be constructed
below low-water mark shall be built on piles, which piles
shall not be nearer to each other than six feet in the direc-
tion of the stream, and eight feet in a transverse direction ;
and that this act shall in no wise impair the legal rights of
any person whatever.
Section 3. Said corporation may hold real and personal Real and per-
estate, necessary and convenient for the purpose aforesaid, to^e^eed'^' "°*
not exceeding in amount two hundred thousand dollars. poo,ooo.
[Approved by (he Governor, May 2, 1848. J
An Act to establish the Massachusetts Agricultural Institute. f^h/tn^AQ
BE it enacted by the Senate and House of Representa-
fives, in Gefieral Court assembled, and by the aiithority of
the same, as follows :
Section 1. Edward Hitchcock, William B. Calhoun, Corporators.
Samuel L. Hinckley, their associates and successors, are
hereby made a corporation, by the name of the Massachu-
setts Agricultural Institute, with all the powers and privi-
leges, and subject to all the duties, liabilities, and restric-
tions, contained in the forty -fourth chapter of the Revised
Statutes.
Section 2. Said corporation may hold real and per- May hold
sonal estate, to the amount of fifty thousand dollars, for the son'afe^trte'"
purpose of establishing, in some one of the towns lying on $50,ooo, for
the banks of the Connecticut River, or in a town immedi- ^fh^'^'j'^"^'
ately adjoining such towns, an agricultural school and
experimental farm, the object of which shall be instruction
in agricultural science, and improvements in all the arts
connected with the practice of farming.
Section 3. The management of the affairs of said cor- Board of trus-
poration shall be entrusted to a board of seven trustees, five '^" '• VIj u° ''^
ri-iiiii 1 11 1 • T.i appointed by
01 which shall be elected by the corporation, and the other governor and
two shall be appointed by the governor and council. council.
738
1848.-
-Chap. 242—243.
Annual Report SECTION 4. Said corporation shall annually, in the month
the'^c^ndiibn of °^ January, make to the legislature a report of its progress,
the school. the number of its pupils, the condition of its finances, the
general course of instruction adopted and pursued, and the
results of its agricultural experiments.
Section 5. This act shall take effect from and after its
passage. [Approved by the Governor^ May 2, 1848.]
C'ha'p
Inhabitants and
estates- set off.
Taxes.
Debts,
Expenses for
paupers.
Florida here-
after liable to
support of pau-
pers on territory
set off.
In case of dis-
agreement con-
cerning debts,
&c., Court of
C. P. may ap-
point three per-
sons to make
award.
ff) A o An Act to set off a part of the Town of Clarksburg, and to annex the same
'^^'^' to the Town of Florida.
jB^ it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Section 1. So much of the town of Clarksburg, with the
inhabitants thereon, as lies easterly of the following de-
scribed line, is hereby set off from said Clarksburg, and
annexed to the town of Florida, to wit : beginning at the
north-east corner of the town of Adams ; thence, northerly,
in the same straight line with the east line of said town of
Adams, to the northern line of the Commonwealth of Mas-
sachusetts.
Section 2. Said inhabitants and estates, so set off, shall
be holden to pay all arrears of taxes which have been
legally assessed upon them by the town of Clarksburg, to
the treasurer thereof, in the same manner as if this act had
not been passed ; and also their just proportion of all county
and state taxes that may be assessed upon said town pre-
vious to the taking of the next state valuation ; said propor-
tion to be ascertained and determined by the valuation of
the town of Clarksburg next preceding the passage of this
act.
Section 3. Said inhabitants and estate, hereby set to the
town of Florida, shall be liable to pay their proportion of all
debts existing against the town of Clarksburg at the time '
of the passage of this act ; and also their just proportion of
the expenses necessarily incurred in the support of all pau-
pers who, at the time of the passage of this act, are re-
ceiving support from said town of Clarksburg, according to
the valuation of said town next preceding this act.
Section 4. The town of Florida shall be liable for the
support of all persons who may, after the passage of this
act, stand in need of rehef as paupers, whose settlement
was gained by, or derived from, a residence within the
limits of the territory hereby set to said town.
Section 5. In case the town of Clarksburg, and the
inhabitants hereby set to Florida, shall not agree in regard
to the amount which said inhabitants are to pay toward the
town debts of said Clarksburg, or for the support of paupers,
or any other matter growing out of the passage of this act ;
the court of common pleas for the county of Berkshire is
1848. Chap. 243—245. 739
hereby authorized to, and shall, upon the petition of either
party, appoint three competent and disinterested persons
to hear the parties, and award thereon ; and any award
made by said three persons, or any two of them, and
accepted by the said court, shall be final, and the expense
of any such arbitration shall be paid by the parties respec-
tively, in such proportions as said arbitrators shall deter-
mine.
Section 6. This act shall take effect from and after its
passage. [App7'oved by the Governor, May 2, 1848.]
An Act relating to the Wesleyan Academy, in the Town of Wilbraham. ChcfD 244
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloros :
Section 1. The number of the trustees of said academy Trustees not to
shall never exceed thirty, nor be less than fifteen, eisht of ^^^^.^'^^^^'^y'
, 1111 • V 1 • nor less than
whom shall be necessary to constitute a quorum lor doing fifteen,
business; but a less number may, from time to time, adjourn
until a quorum can be constituted; any thing contained in
the fifth section of the act relating to said academy, ap-
proved on the seventh day of February, in the year one
thousand eight hundred and twenty-four, to the contrary,
notwithstanding.
Section 2. That there be, and hereby is, granted to the Half the pro-
trustees of the Wesleyan Academy, in the town of Wilbra- eeeds ofsaieof
J J i townsiiiD in
ham, and their successors, for the sole use and benefit of Maine granted
said academy, half the proceeds of the first sale of a town- for benefit of the
ship of six miles square, (which would otherwise have ^'^^ ^™^'
gone to the school fund,) of lands in the State of Maine,
which may be made by this Commonwealth after the first
day of September, in the year of our Lord one thousand
eight hundred and forty-eight: provided, said trustees give Proviso.
bonds to the treasurer of the Commonwealth, faithfully to
apply the proceeds of the sale of said half a township to the
benefit of said academy.
Section 3. This act shall take effect from and after its
passage. \Approved by the Governor, May 3, 1848.]
An Act to incorporate the Salem Charitable Building Association. nhnn^AX^
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1, John Ball, Israel D. Shepard, William H. Corporators.
Chase, their associates and successors, are hereby made a
corporation, by the name of the Salem Charitable Building
Association, with all the powers and privileges, and subject
to all the duties, liabilities, and restrictions, set forth in the
forty-fourth chapter of the Revised Statutes, and in the pub-
740 1848. Chap. 245—247.
lie statutes which have been, or may be, passed relating to
such corporations.
For the erection SECTION 2. Said corporation is hereby empowered and
buiki°ngsin^ authorized to erect, in the city of Salem, one or more blocks
Salem, at low of buildings, for the purpose of letting tlie same, at low rents,
poor.' ^*"^ ^^^ ^^ such indigent and worthy persons as may be desirous of
obtaining such tenements.
Capital stock SECTION 3. The Capital stock of said corporation shall
830 000^'^^^'' not exceed thirty thousand dollars, to be divided into such
Real and per- uumbcr of sharcs as they may deem expedient; and said
to"exceed'^ °°^ Corporation may purchase and hold such real and personal
^30,000. estate as may be necessary for the purpose, not exceeding the
sum of thirty thousand dollars.
Profits not to SECTION 4. The profits arising from the rents of said
cenr'^^'*^" buildings shall not, in any case, exceed six per cent, per
annum to the stockholders. [Appjoved by the Governor,
May 3, 1848.]
ChciV 246. -^^ •^'^'^ *° repeal a portion of "An Act to change the Names of the Persons
" ' therein mentioned," passed in the year one thousand eight hundred and
forty-seven.
BE it enacted by the Senate and House of Representa-
tives, i7t General Court assembled, arid by the authority of
the same, as follows :
Joseph Coy So much of the act, entitled " An Act to change the Names
resume'^hif old ^^^ ^he Persons therein mentioned," passed on the twenty-
name, sixth day of April, in the year one thousand eight hundred
and forty-seven, as provides that Joseph Bunnell Coy may
take the name of Joseph Coy Chickering, and shall be
known and called thereby, and that the same shall be
considered as his only proper and legal name, is hereby
repealed. [App?'oved by the Governor, May 3, 1848. J
Chfin 247 ■^"' ■^'^^ concerning Indigent Children.
BE it enacted by the Sejiate and House of Representa-
tives, in General Court assembled, and by the authority of
the sarne, as follows :
Overseers of SECTION 1. The oversecTS of the poor of the several
poor, &c., to towns, and the directors of the almshouses of the several
make return an- ••.hi i • , , ri
nuaiiy, to secre- Cities, shall make, and transmit to the secretary oi the
taryofCom- Commonwealth, on or before the third Monday in Novem-
monwealth, of -, . , ' , , /• n i
children under ber m cach and every year, correct returns oi all the
14 years of age, children in their respective towns and cities, under fourteen
thepubfic. ^ years of age, who are supported at the public charge; and,
in said returns, shall specify the name, age, and sex, of each
child so supported.
Blank forms to SECTION 2. Suitable blank forms for such returns shall
be furnished, fee fumishcd to cacli town and city, by the secretary of the
Commonwealth ; and he shall prepare yearly abstracts
thereof, and shall lay the same before the general court.
[Approved by the Governor, May 3, 1848. J
1848. Chap. 248—249. 741
An Act authorizing the County Commissioners of the County of Barnstable (JJi^p 248.
to lay out a Highway, and to build a Bridge across Garden River and Bass ■»
Hole Creek.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled^ and by the authority of
the same, as follows :
The county commissioners of the county of Barnstable Highway, with
are hereby empowered, if, in their opinion, the pubhc ne- J*J^^^,^'of"Denni«
cess ity and convenience require it, to layout a highway, and Yarmouth.
and to cause to be constructed a sufficient bridge across
Chase's Garden River, or the main creek leading to the
Bass Hole, so called, in the towns of Dennis and Yar-
mouth, at such place as, in their opinion, may seem most
convenient and expedient for the public travel ; and said
bridge shall be furnished with a draw, suitable, in the opin- Draw,
ion of said commissioners, for the passage of vessels usually
navigating said creek ; and said commissioners, in carrying
into effect the provisions of this act, shall, in all respects,
conform to the existing laws relating to laying out common
highways. [Approved by the Governor, May 3, 1848.]
An Act to incorporate the Pen tucket Navigation Company. ChCLV 249
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the sa?ne, as follows :
Section I. James R. Nichols, James H. Carleton, Elea- Corporators,
zer A. Porter, their associates and successors, are hereby
made a corporation, by the name of the Pcntucket Naviga-
tion Company, for the purpose of improving the navigation To improve
of Merrimack River, between the head of tide-water, at ^.""mack
, r T-r 1 -It ^ • • i Kiver for navi-
the town 01 Haverhill, and some convenient point in the Ration, between
town of Lawrence, below the dam of the Essex Company, HaverhiU aud
with all the powers and privileges, and subject to all the
duties, liabilities, and restrictions, set forth in the forty-
fourth chapter of the Revised Statutes.
Section 2. Said corporation, for the purpose aforesaid, To remove
are hereby authorized to deepen the channel of said river, obstrueuons,
, 1 1 •■ iiiT erect piers,
by cutting down and removing any gravel, ledge, bars, breakwaters,
rocks, or other obstructions, in the bed thereof, and to erect ^^•
in said river, and upon the shores or banks thereof, suitable
booms, piers, abutments, breakwaters, and other facilities
to promote steam navigation; and shall have the exclusive Corporation to
right of navigating said river with boats propelled by steam, J-T h^ ^for'25 ^*
for the transportation of passengers and freight for hire, years, to navi-
between the head of tide-water, in said town of Haverhill, gate with
and some convenient point in the town of Lawrence, below
the dam of said Essex Company, for the term of twenty-
five years from the passage of this act: provided, that the Proiisr,
said corporation shall, witliin five years from the passage
of this act, have so improved the navigation of said river,
95
742 1848. Chap. 249—252.
as that boats of at least twenty-five tons burden may pass
- between the points above named, and that they shall have
and keep one boat, at least, to run daily and regularly be-
tween said points, from the month of April to the month of
Proviso, October in each year: and provided, also, that nothing con-
tained in this act shall be construed to authorize said cor-
poration to obstruct the floating of logs, rafts, or lumber, in
said river, or the navigation thereof by small boats and
scows, or to raise the surface of the water, at the mouth of
the Cochituate Brook or Shawsheen l\iver, above its pres-
ent water-level; and this grant shall in no wise impair the
legal rights of any person whatever.
Section 3. Said corporation may hold real and personal
estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount one hundred thousand dollars.
[Approved by the Governor, May 3, 1848.]
Ch(l'D'250» ^^ '^'^^ giving further Time to the President, Directors, and Company, of the
■^ * Cohannet Bank, to close their concerns.
BJE it enacted by the Senate and House of Reprcse7ita-
iives, in General Court assembled, and by the anthority of
the same, as follows :
Cohannet Bank The president, directors, and company, of the Cohannet
continued a Bank, are hereby continued a body corporate, for the period
corporation for - ' , •' , i r ^ n i ^ t i ■
fifteen months, 01 ouc year and three months from the first day of July, m
1848"''"'^^' the year one thousand eight hundred and forty-eight, 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, May
3, 1848.]
CAflD261 -^"^ ■^'^'^ ^°^ limitmg the Liabilities of Banks that have surrendered their
" ' * Charters.
BE it enacted by the Senate and Honse of Representa-
tives^ in General Court assembled, and by the anthority of
the same, as follows :
Supretnejudi- Auy Stockholder or creditor, of any bank established in
ciai court au- ^]-,jg Commonwealth, that shall have surrendered its char-
thonzed to fix /. . ,• i • • • i ■ i i i • i
the liatiiiiiies of tcr, may, for the purpose oi limiting the time beyond winch
d^rin^ charT's ^^^ liabilities shall be barred, apply, by petition, therefor, to
the supreme judicial court, and said conrt shall have as full
power to fix such limitation, as if such bank, were before
said court by a creditor's bill in chancery, or under the
forty-fourth chapter of the Revised Statutes. [Approved
by the Governor, May 3, 1848.]
Chnn 2^2 ^^ '^^^ relating to Actions against Assignees of Insolvent Estates.
BE it enacted by the Senate and Honse of Representa-
tives, in General Conrt assem,bled, and by the anthority of
the same, as follows :
No action shall be brought to charge an assignee, under
1848. Chap. 252—255. 743
any of the insolvent acts of this Commonweahh, to answer How assignees
in damages out of his own estate, upon any special prom- eluies'lhan be
ise, unless the promise, contract, or agreement, upon which personally lia-
such action shall be brought, or some memorandum or note '^'^•
thereof, shall be in writing, and signed by such assignee, or
by some person thereunto by him legally authorized. [Ap-
jvoved by the Governor, May 3, 1848.]
An Act to increase the Capital Stock of the Boston and Worcester Railroad Qhnr) 253
Corporation. "
BE it enacted by the Se7iate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. The Boston and Worcester Railroad Corpo- Capital stock
ration are hereby authorized and empowered to increase 't""xceed"°'
their capital stock by the creation of an additional number 10,000 shares.
of shares, to be assessed to the same amount as the shares
which are already created by their act of incorporation,
and the acts in addition thereto : 2^i'ovided, that the addi- Proviso.
tional number of shares so to be created shall not exceed
ten thousand : and jjrovided, also, that hereafter the said Proviso,
corporation shall not commence the location or construction bran7i"'"^d
of any branch railroad without the leave of the legislature,
unless the location thereof shall be filed with the county
commissioners, according to law, within one year ; and the
construction of all branch railroads that have been, or may
hereafter be, located by said corporation, shall be completed '
Avithin two years from the passage of this act.
Section 2. This act shall not take eflect until it shall Act to be ac-
have been accepted by a majority of the stockholders of sf^fckhoW
said corporation, at a meeting to be called for that purpose.
{Approved by the Governor, May 4, 1848.]
An Act concerning the Writ of Habeas Corpus. ChdJ) 254
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 : r ■ .■
A iiii -I • r 1 ■ r for resisting
Any person who shall resist the service 01 the writ 01 service of
habeas corpus, or disobey the same when served, shall be iMbeas corpus,
liable to attachment, as for a contempt of the court or judge attachment as
before whom the writ is returnable. [Appi'oved by the Gov- for contempt of
ernor. May 4, ISiS] '"""•
An Act changing the Place for holding certain Terms of Probate Courts in ChciV 255
the County of Worcester. ^
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Section 1. A court of probate shall be holden in the Terms to be
town of AVest Brookfield, in the county of Worcester, on 'Jf''' 1"^^^^'
I ini 1 n T^T 1/^1- 1 Brookheld,
the second 1 uesdays of May and October in each year.
744
-Chap. 255—257.
Act repealed.
Clause in for-
mer act re-
pealed.
Chap2b6.
To extend a
wharf in East
Boston to
commissioners'
line.
Proviso.
Proviso.
Chap2b7.
Corporators.
For manufac-
ture of machin-
ery, steaim-en-
Eines, &c., in
owell.
Section 2. An act entitled '' An Act changing the place
for holding certain terms of probate courts in the county of
Worcester," passed on the twenty-first day of April, one
thousand eight hundred and forty-eight, and so much of the
first section of an act, entitled " An Act to establish the
terms of tlie court of probate in the county of Worcester,"
as provided for the holding a court of probate in the town
of Brookfield, passed on the twelfth day of April, one
thousand eight liundred and thirty-seven, are hereby re-
pealed.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor^ May 4, 1848. J
An Act to authorize Moses Miller to extend his Wharf.
BE it enacted by the Senate and Honse of Representa-
tives^ in General Court assembled^ and by the authority of
the same^ as follows :
Moses Miller, proprietor of a wharf situate in that part
of Boston known as East Boston, and lying between and
adjoining the land and flats of the heirs of the late John
Snelling and Samuel Curtis, and others, is hereby author-
ized to extend and maintain his wharf into the harbor
channel, as far as the line established by the act entitled
"An Act concerning the Harbor of Boston," passed on the
seventeenth day of March, in the year one thousand eight
hundred and forty ; and shall have the right to lay vessels
at the end and sides of said wharf, and to receive wharfage
and dockage therefor : provided, however, that this grant
shall not be construed to extend to any flats or land of this
Commonwealth lying in front of the flats of any other per-
son, or which would be comprehended by the true lines of
such flats continued to the said commissioners' line : a^id
provided, also, that so much of said wharf as may be con-
structed below low-water mark shall be built on piles, which
piles shall not be nearer to each other than six feet in the
direction of the stream, and eight feet in a transverse direc-
tion ; and that this act shall in no wise impair the legal
rights of any persons or corporations whatever. [Approved
by the Governor, May 5, 1848.]
An Act to incorporate the Merrimack Machine 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 :
Section 1. Warren Aldrich, Levi B. Tyng, Francis A.
Calvert, their associates and successors, are hereby made a
corporation by the name of the Merrimack Machine Com-
pany, for the purpose of manufacturing machinery, steam-
engines, and all work connected with that branch of busi-
ness, in the city of Lowell, with all the powers and privi-
1848. Chap. 257—260. 746
leges, and subject to all the duties, restrictions, and liabilities,
set forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Section 2. Said corporation may hold real and personal Estate, real and
, ' • /• 1 /• -J personal, nol
estate, necessary and convenient for the purposes aioresaid, exceeding
not exceeding in amount one hundred thousand dollars. Sioo,ooo.
[App7'ovcd by the Gover?ior, May 5, 1848.J
An Act to extend the time for paying in the Capital Stock of the Traders' (7Afl2}258.
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 time, within which the capital stock of the Traders' Time for pay-
Fire and Marine Insurance Company, in Boston, is by law lo^Apru'261'h,^
required to be paid in, is hereby extended to the twenty- 1^49.
sixth day of April, in the year one thousand eight hundred
and forty-nine. [Approved by the Govertior, May 5, 1S48.]
An Act to incorporate the Worcester Coal Mining Company. ChflT) 259
BE it enacted by the /Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1, Alexander Dewitt, Francis T, Merrick, George Corporators.
Bowen, their associates and successors, are hereby made a
corporation by the name of the Worcester Coal Mining
Company, for the purpose of mining coal in the town of For the raising
Pawtucket, with all the powers and privileges, and subject "'^ ^"^^ '" ^^'^'
to all the duties, liabilities, and restrictions, set forth in the
thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Section 2. The said company may hold real estate to Real estate,
the amount of fifty thousand dollars, and the whole capital capSstork^'*
stock of said company shall not exceed the sum of one not to exceed
hundred and fifty thousand dollars. si50,ooo.
Section 3. 1 he place of business of said company shall Place of busi-
be in the town of Worcester. n^e^ss at Worces-
Section 4. Either of the persons named may call the First meeting,
first meeting of said corporation, by publishing this act in how to be
one or more of the daily papers printed in said Worcester, *^^"^^'
fourteen days before such meeting is to be held, stating
therein the time and place of meeting. [Approved by the
Governor, May 5, 1848.]
An Act to establish a Police Court in the Town of Lawrence. Chnr) 9fi0
BE it enacted by the Senate a)id House of Representa-
fives, in General Court assembled, and by the authority of
the same, as folloivs :
Section I. A police court is hereby established in the P<iii<-e Court in
town of Lawrence, to consist of one learned, able, and dis- *'''^^"'^®-
746 1848. Chap. 260.
creet person, to be appointed and commissioned by the gov-
ernor, pursuant to the constitution, to take cognizance of all
crimes, offences, and misdemeanors, committed within the
town of Lawrence, whereof justices of the peace now have,
or may hereafter have jurisdiction. And the court hereby
estabhshed shall hear and determine all suits, complaints, and
prosecutions, in like manner as is by law provided for the
exercise of the powers and authority which are, or may be,
vested in justices of the peace, and shall do all acts neces-
sary to, and consistent with, such powers and authority.
And the said police court shall also have original jurisdic-
tion and cognizance of all suits and actions which may now,
or at any time hereafter, be heard, tried, and determined,
before any justice of the peace in the county of Essex, and
exclusive jurisdiction, whenever all the parties reside in
Lawrence, and service of the writ is had on the defendant
in said county ; and no writ, in any such suit or action, shall
be made returnable before any justice within said town of
Lawrence, but to said police court only; and an appeal
shall be allowed from all judgments of said police court, in
like manner, and to the same extent, that appeals are now
allowed by law from judgments of justices of the peace ;
, and the justice of said pohce court shall not be of counsel
or attorney to any party in any matter or thing whatsoever,
which may be pending in said court.
All warrants SECTION 2. AH Warrants, issued by said court, or by any
shall be relumed justice of the pcace within said town, shall be made return-
court, able and shall be returned before said court; and if any
warrant sliall be issued by any justice of the peace, return-
able before said court, the lawful fees payable therefor
shall not be paid or allowed, unless, on examination in hear-
ing before said court, it shall appear to said court that there
was just and reasonable cause for issuing said warrant, in
which case such fees, costs, and charges shall be allowed
and taxed, in like manner, as though said warrant had been
issued by a justice of the peace, according to the law now
in force.
Fines costs SECTION 3. All fiues and forfeitures, and all costs in crim-
&c., tobeac- inal prosecutions, which shall be received by or paid into
iiiTasc'Vf'juT- the hands of the justice of said court, shall be by him ac-
ticesof the couuted for and paid over to the same persons, in the same
peace. manner, and under the same penalties for neglect, as are by
law prescribed in the case of justices of the peace ; and all
costs in such prosecutions not thus received shall be made
up, taxed, certified, and allowed, and shall be paid and
satisfied, in like manner as is provided by law in cases of
justices of the peace.
Court, how Section 4. A court shall be held by said justice, at some
often to be held, gi^ij table and convenient place, to be provided at the expense
of said town of Lawrence, on two several days of each
1848. Chap. 260— 26 1. 747
week, at nine of the clock in the forenoon, and as much oftener
as may be necessary, to take cognizance of crimes, offences, For crimes, &c.
and misdemeanors, and, on one day in each fortnight, at ten
of the clock in the forenoon, and may be adjourned from
day to day by the justice thereof, and at such other times as
may be necessary, for the trial of civil suits and actions ; For civil suits.
and the justice of said court shall, from time to time, estab-
lish all necessary rules for the orderly and uniform conduct-
ing of the business thereof.
Section 5. The justice of said court shall retain to his Compensation,
own use all fees by him received, or which now accrue to
justices of the peace in civil actions and criminal prosecu-
tions, in full compensation for all services assigned to him
by the provisions of this act.
Section 6. The justice of said court shall keep a fair Justice to keep a
record of all proceedings in said court, and shall make re- l^^°^^{i mt^^'
turn, to the several courts, of all legal processes, and of his cesses, &c.
doings therein, in the same manner as justices of the peace
are now by law required to do ; and he shall also annually, Account of fees
in the month of January, exhibit to the selectmen of said '° ^^^ rendered.
town of Lawrence a true and faithful account of moneys
by him received as fees.
Section 7. All suits, actions and prosecutions, which Pending suits,
shall be instituted and pending before any justice of the ^"
peace, within the town of Lawrence, when this act shall
take effect, shall be heard and determined as though this act
had not been passed.
Section 8. There shall be appointed by the governor, by Two special
and with the advice and consent of the council, two special •'"^ '
justices of said court ; and whenever it shall happen that the
standing justice of said court shall be interested in any suit
or prosecution cognizable in said court, or shall, from any
cause, be unable to hear and determine any matter or thing
pending therein, the cause shall be assigned on the record
by the standing or special justice, and the court shall be
held, and its jurisdiction exercised, by one of said special
justices. And the said special justice shall be paid, for the Compensation,
services by him performed, out of the fees received in said
court, such sum as the standing justice would be entitled to
receive for the same services.
Section 9. The governor shall have power, by and with
the advice and consent of the council, to appoint said jus-
tice and special justices, at any time after the passing of
this act. [Approved by the Govcr7ior, May 5, 1848.]
An Act to incorporate the Eliot Mills. ChttV 26 1
BE it enacted by the Senate and House of Hepresenia-
tlves, in General Court asse7nbled, and by the authority of
the same, as follows :
Section 1. John Nesmith, Isaac Farrington, Thomas corporators.
Nesmith, their associates and successors, are hereby made a
748 1848. Chap. 261—263.
Forthemanu- corporation, by the name of the Eliot Mills, for the purpose
ton)woo?en^and of manufacturing cotton, woolen, and linen goods in Chelms-
linen goods, in ford, Lovvell and Dracut; and, for these purposes, shall have
LoweiTa^d' all the powers and privileges, and be subject to all the du-
Dracut. ties, liabilities and restrictions, set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes.
Real and per- SECTION 2. Said Corporation may hold real and personal
toTxceeT^' °°' estate, necessary and convenient for the purposes aforesaid,
^200,000. not exceeding in amount two hundred thousand dollars.
Section 3. This act shall take effect from and after its
passage. [Appi'oved by the Governor , May 5, 1848.]
ChaV 262 ■^'^ ^^"^ relating to Returns of County Commissioners.
B£] it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as follows :
Act repealed re- An act passed on the twenty-third day of March, in the
quiring couniy y^^j. q^q thousaud eight hundred and forty, relating to
co[nmission6rs * j > <j
to make returns Tctums to be made by county commissioners into the secre-
concerning tary's officc, is hereby repealed. \Apprvoed by the Governor,
highways laid ^^„y5^j848J
r*} nn 9fi^ ^^ ^^"^ ^"^ addition to an Act incorporating the Essex Railroad Company.
" ' BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
May extend SECTION 1. The Esscx Railroad Company are authorized
their railroad, to extend their railroad from a point near the mouth of Co-
chickiwick River, in Andover, across the Boston and Maine
R-ailroad and the Merrimack River, to a point in Lawrence,
on or near Union Street, so called, and thence to a point of
junction with the Boston and Maine Raihoad, in Methuen,
or to the terminus of the Manchester and Lawrence Rail-
road, at the line of the state.
May enter upon SECTION 2. The Said Company are authorized to enter
the B. & M. upon, and unite their railroad, by proper turn-outs and
do'*ve7and" "' switches, with the Boston and Maine Railroad, in Andover,
Methuen. and also in Methuen, and to use the same, or any part
Proviso. thereof, according to law: provided, that the said company,
in case of extending their road in the manner provided in
the first section, shall not have authority to enter upon and
use that part of the Boston and Maine Railroad, in Law-
rence, which extends from the right bank of the Merrimack
River, across and beyond said river, without the consent of
the Boston and Maine Railroad Company.
Provisions in re- SECTION 3. The Essex Railroad Company, in crossing
gard to crossing ^ith their I'oad the track of the Boston and Maine Rail-
b.^&Im. Raii-^ road, shall, at their own expense, adopt such reasonable
road. precautionary measures to render such crossings safe, as
said Boston and Maine Railroad Company shall, in writing,
1848. Chap. 263—264. 749
prescribe; and, in case of disagreement in regard to such
measures, or the propriety or necessity thereof, the same
shall be determined by the county commissioners of Essex
County, on the application of either party.
Section 4. The said company are authorized to increase Capital stock
their capital stock, by an amount not exceeding one hun- ^^H^^^ 'JJ'j ^^
dred and fifty thousand dollars. exceed '
Section 5. If the location of the section of railroad here- ■Si50,ooo.
by authorized is not filed according to law before the first Location and
day of January next, or if said company shall not complete <'°'"pietion.
said road, to the extent provided in the first section of this
act, within three years from the date of the same, then this
act shall be null and void.
Section 6. This act shall take effect from and after its
passage. [App7'oved by the Governor^ May 6, 1848.]
An Act concerning the Grand Junction Railroad and Depot Company. CllQV 264
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Grand Junction Railroad and Depot May construct
Company are hereby authorized and empowered to locate, road^from'^their
construct, and maintain, a branch railroad, with one or depot in Chei-
more tracks, commencing at a point in their located depot, the'B^&^M^
on the Winnisimmet lands in Chelsea; thence, running Railroad, to a
westerly to a point northerly, within one hundred and fifty ^ecH'on'whh'^th
feet of the northerly side of the factory building at Island b. &l. and
End in Maiden; thence north-westerly and westerly, cross- F'tchbur| Rail-
ing the Mystic River northerly of Maiden Bridge, to some viiie.
convenient point in the Boston and Maine Railroad, in
Charlestown or Somerville, north of the Middlesex Canal;
thence, over said railroad, as authorized by the existing
laws, to a convenient point south of Milk Row Road, in
Charlestown or Somerville, to switch off said road ; and
thence, easterly of the enclosed grounds of the McLean
Asylum, to a convenient point of intersection with the Bos-
ton and Lowell, and also with the Fitchburg Railroad, in
said Somerville ; and, for the purpose aforesaid, shall have
all the powers and privileges, and be subject to all the lia-
bilities, restrictions, and duties, set forth in that part of the
Revised Statutes, and the general laws of the Common-
wealth which have been, or shall hereafter be, passed, re-
lating to railroad corporations.
Section 2. The said Grand Junction Railroad and Depot Not to run their
Company shall not alter the line hereinbefore established engines more
over the lands of the Winnisimmet Company in Chelsea, an hour, within
without the consent of said Winnisimmet Company; and "'■'^'" '■'"'"'•
shall not run their engines and cars over their road, within
twenty-five rods of any railroad or public road, at a
greater rate of speed than six miles to the hour; and shall
96
750
1848..
•Chap. 264—266.
Bridge across
Mystic River,
how to be con-
structed.
Road may be
used by any
other company.
Where it may
be united with
the B. & L.
and Fitchburg
Railroads.
Location and
completion.
Chap2e5.
Water Com-
pany in North
Adams.
establish and maintain, at their own expense, such gates,
signals, sentinels, and other securities, at or near the points
of intersection with other roads and railroads, as the county
commissioners of the counties through which said railroad
may run shall direct; and shall adopt such regulations and
improvements as said commissioners may, Irom time to
time, deem necessary for the public safety.
Section 3. The bridge across Mystic River shall be con-
structed with a good and sufficient draw, under the direc-
tion of a commissioner to be appointed by the governor and
council, at the expense of said corporation ; and the said
corporation shall be held liable to keep said draw in good
repair, and to open the same, and afford all proper accom-
modation to vessels having occasion to pass the same by
day or by night.
Section 4. The legislature may authorize any company
to enter with another road upon, and to use, the branch
road hereby authorized to be built, or any part thereof, ac-
cording to the provisions of law; such company paying
therefor such rate of toll or compensation as may be agreed
upon by them and said Grand Junction Railroad and Depot
Company, or as the legislature shall prescribe, and comply-
ing with the rules and regulations of said last-named com-
pany.
Section 5. Said Grand Junction Railroad and Depot
Company may enter upon, and unite their railroad with the
Fitchburg Railroad, at or near the crossing of the Boston
and Lowell Railroad in Somerville, uniting with the Boston
and Lowell Railroad by the Fitchburg spur; and may also
contract with said companies to take freight to and from
their said roads to the grand junction depot at East Boston.
Section 6. If the said Grand Junction Railroad and De-
pot Company shall not, within eighteen months, file a loca-
tion of their road in the manner required by law, or if said
road shall not be completed within three years from the
passage of this act, then this act shall be null and void.
Section 7. This act shall take effect from and after its
passage. [Approved by the Governor, May 6, 1848. J
An Act to incorporate the North Adams Water Company.
BE it enacted by the Se7iate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Jeremiah Colegrove, Francis F. Colegrove,
George Millard, their associates and successors, are hereby
made a corporation, by the name of the North Adams
Water Company, for the purpose of supplying the inhabit-
ants of Adams witii good water; 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.
1848. Chap. 265. 761
Section 2. Said corporation may hold real and personal Estate, real and
,* ,. r .1 r -J personal, not to
estate, necessary and convenient lor the purpose aioresaia, exceed
not exceeding, in amount, thirty thousand dollars. £;30,ooo.
Section 3. Said corporation may take, hold, and convey Powers,
to, into, and through, the North Village, in said Adams, the
water of Blue Spring, situate near the north line of said
Adams, on land occupied by the said Jeremiah Colegrove;
and may take and hold real estate, necessary for laying and
maintaining aqueducts and reservoirs ; and may take land
around the margin of said spring, not exceeding twenty
rods, measuring from the centre of said spring. Said cor-
poration shall, within sixty days from the time of taking
any lands or spring, file, in the office of the registry of To file in regii-
deeds, in the northern district of the county of Berkshire, a try of deeds a
description of the lands and spring so taken, as certain as is springaadiand*
required in a common conveyance of land, and a statement taken,
of the purpose for which it is taken, signed by the president
of the corporation.
Section 4. Said corporation may make aqueducts from the May make
aforesaid source, through the North Village, in Adams, and aqueducts, res-
Grvoirs oZrC
may maintain the same by suitable works ; may make reser- '
voirs and hydrants, and may distribute the water through-
out said village, by laying down pipes, and may establish
the rents therefor; and said corporation, for the purposes
aforesaid, may enter upon and dig up any road, under the
direction, and with the consent, of the selectmen of Adams
for the time being, in such manner as to cause the least hin-
drance to the travel thereon.
Section 5. All damage sustained by taking land, water, Damages ascer-
or water-rights, or by making aqueducts, reservoirs, or other ol-Tami^takenfor
works, shall be ascertained, determined, and recovered, in highways,
the manner now provided by lav/ in case of land taken for
highways.
Section 6. Any person who shall maliciously divert the Fine and im-
water, or any part thereof, of the sources which shall be E.'^ii^^"'".^"— '^^
' . ■^ i . ' .. /-!• malicious injury
taken by said corporation, pursuant to the provisions oi this to property of
act, or wiio shall corrupt the same, or render it impure, or corporation,
who shall destroy or injure any dam, reservoir, aqueduct,
pipe, hydrant, or other property, held, owned, or used, by
said corporation, for the purposes of this act, shall pay three
times the amount of damage to the North Adams Water
Company, to be recovered by any proper action; and every
such person, on conviction of either of the malicious acts
aforesaid, may be punished by fine not exceeding one hun-
dred dollars, and by imprisonment not exceeding six months,
[Approved by the Governor, May ^, 1848.]
752
1848.-
■Chap. 266—267.
To enclose the
common in
Woburn,
Proviso.
Malicious injury
to property in
the enclosure,
how punished.
Chop 266. -^^ •^''^ *° authorize the Enclosure of Woburn Common.
BE it enacted by the Senate and, House of Representa-
tives^ in General Court assembled^ and by the authority of
the satne, as follows :
Section 1. Abijah Thompson, Bowen Buckman, George
Holden, and their associates, are hereby authorized and em-
powered, at their own expense, to enclose the common in the
centre of the town of Woburn, to level the surface of the
ground, to plant trees and shrubbery, and to lay out and
make walks within the enclosure, leaving suitable and con-
venient avenues for the accommodation of persons who may
have occasion to enter or pass oyer said enclosure on foot,
in such manner as they shall think proper, having a due
regard to the public travel, convenience, and necessity : pro-
vided, however^ that no part of said enclosure shall, on any
pretence, be appropriated to any purpose of private use or
emolument : and provided, also, that nothing contained in
this act shall affect, alter, or annul, or shall be construed to
affect, alter, or annul, the right of any person, or corpora-
tion, to the fee in said common, or the right of control of
the same.
Section 2. If any person shall maliciously or wantonly
injure or destroy the fences, trees, shrubbery, or walks, or
any matter or thing pertaining to said enclosure, he shall
forfeit a sum not exceeding fifty dollars, according to the
nature and aggravation of the offence, to be recovered by
complaint before any justice of the peace for the county of
Middlesex, or by indictment before the court of common
pleas for said county ; and shall also be liable for all dam-
ages, to be recovered, together with costs of suit, by an
action of trespass or on the case, to be commenced before
any court proper to try the same, which action may be
commenced by any inhabitant of said town ; but all pen-
alties imposed, and all damages recovered, by force of this
act, shall be appropriated to the purpose of making repairs
and improvements upon the said enclosure.
Section 3. Whenever the said Abijah Thompson, Bowen
Buckman, and George Holden, with their associates, shall
have completed said enclosure, according to the provisions
of this act, they shall thereafter have no control over said
enclosure.
Section 4. If the said enclosure shall not be made with-
in five years from the passage of this act, the authority and
power hereby granted shall cease and be void. [Approved
by the Governor, April 6, 1848.]
Chap 267. -^^ -^^"^ ^'^ relation to Costs in cases of Bankruptcy and Insolvency.
BE if enacted by the Senate ajid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as foUoios :
Whenever, in the courts of this Commonwealth, the de-
Powers of cor-
poration limited.
Enclosure to be
finished in five
years.
Defendant, on
issue of bank-
1848. Chap. 267—268. 753
fence is made to rest on a discharge in bankruptcy or insol- ruptcy or insol-
vency alone, and an issue is made up, in writing, to that faToY entitled to
effect, and found for the defendant, he shall, in all such costs'
cases, recover his costs from and after such joinder of
issue. [Approved by the Governor^ May 8, 1848.]
An Act to incorporate the Greenfield and Fitchburg Kailroad Company, and Qhnr\ 268
for other purposes. -»
hE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
ike same, as follows :
Section 1. Franklin Ripley, Henry W. Cushman, Corporators.
George T. Davis, their associates and successors, are here-
by made a corporation, by the name of the Greenfield and
Fitchburg Railroad Company, with all the powers and
privileges, and subject to all the duties, liabilities, and re-
strictions, set forth in the forty-fourth chapter of the Re-
vised Statutes, and in that part of the thirty-ninth chapter
thereof relating to railroad corporations, and in all other
laws which have been, or shall hereafter be passed, relating
to railroad corporations.
Section 2. Said company are hereby authorized to To construct a
locate, construct, and maintain, a railroad, with one or more railroad from
tracks, from a point on the Vermont and Massachusetts Greenfield.**
Railroad, at or near Grout's Corner, in the town of Mon-
tague, through the towns of Montague, Deerfield, and Green-
field, to some point in the town of Greenfield, or to the ter-
mination of the Troy and Greenfield Railroad, at or near
the village of Greenfield.
Section 3. The capital stock of said company shall con- capital stock
sist of not more than four thousand shares, the number of ^400,ooo;
which shall, from time to time, be determined by the direct- *'*''^*^' •
ors 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 company may purchase and hold
such personal and real estate as may be necessary for the
purposes of their incorporation.
Section 4. The said company may enter upon and unite Road may be
their railroad, in the towns of Greenfield or Deerfield, with ""''ed with
the Connecticut River Railroad, (not interfering with the r. k". and^Ver-
depot buildings of said Connecticut River Railroad Com- S°f]'^"i' **^^^-
pany,) and may also enter upon and unite their railroad '^"^"^ *
with the Vermont and Massachusetts Railroad, in the town
of Montague, and may use the same, or any part of said rail-
roads, upon such terms as may be mutually agreed upon be-
tween said corporations, or as are, or may be, prescribed by
law.
Section 5. If the Greenfield and Fitchburg Railroad Loeaiion and
Company be not organized, and if the location of their said completion,
road be not filed according to law, before the expiration of
the year one thousand eight hundred and forty-nine ; and if
75i 1848. Chap. 268.
said road be not completed and opened for use within eight-
een months thereafter, then so much of this act, as refers
to the incorporation of the Greenfield and Fitchburg Rail-
road Company, shall be void.
Legislature may SECTION 6. The legislature may, from time to time, alter
reduce tolls, qj. j-educe the rate of tolls, or other profits, on said road;
but said tolls, or other profits, shall not, without the consent
of said company, be so reduced as to produce less than ten
per cent, per annum on their capital stock.
May authorize SECTION 7. The legislature may authorize any corpora-
te use^Um*road! tiou to enter with another railroad upon, and to use, the
Greenfield and Fitchburg Railroad, or any part thereof, by
complying with such reasonable rules and regulations as
the said Greenfield and Fitchburg Railroad Company may
prescribe, or as may be determined according to the provis-
ions of law.
The company SECTION 8. The Said Greenfield and Fitchburg Railroad
™aYchisr&c!'^ Company may transfer their rights, privileges, and fran-
to V. andM. ' chise, uudcr this charter, to the Vermont and Massachusetts
Se GrSifiew" ^^-il^oad Company, or to the Greenfield and Troy Rail-
and Troy Rail- Toad Company, whenever a majority in interest of the
road Company, stockholders of the aforcsaid corporation shall elect so to do.
And the said Greenfield and Fitchburg Railroad Company
are hereby authorized to unite with either the said Vermont
and Massachusetts Railroad Company, or the Troy and
Greenfield Railroad Company, upon such terms as the
directors of said corporations shall mutually agree ; and in
case of such unioH, the said Greenfield and Fitchburg Rail-
road Company shall cease, and be merged in the corporation
with which it may be united, as aforesaid, and all rights,
powers, and the franchise, herein granted, shall be trans-
ferred to and vested in such corporation.
So much of this SECTION 9. If the Vermont and Massachusetts Railroad
act as incorpo- Company shall, by the first day of September next, commence
F. R. R^ Co?"to the construction of a railroad from Grout's Corner, in Mon-
be void in case, tague, to a point in the town of Greenfield, and shall pros-
^'^' ecute the construction of the whole of said railroad with
usual and reasonable despatch, and shall complete the same
by the first day of January, in the year one thousand eight
hundred and fifty, then so much of this act as incorporates
the Greenfield and Fitchburg Railroad Company, as afore-
said, shall be null and void.
What shall be SECTION 10. The Vermont and Massachusetts Railroad
Tcons'tmctionof ^o'^P^^y is hereby authorized to contract with the Con-
R. R. from uecticut Rivcr Railroad Company, for a perpetual right of
Gre"enfeid by transit, with cars and engines, on any part of the road of
V. andM. R.R. said last-meutioiied company lying between Deerfield River
Company. ^^^ ^^y poj^t {^ t^g village of Greenfield ; and such con-
tract, if eflected before the first day of September next, shall
be taken and considered as equivalent to a construction, by
1848. Chap. 268—269. 755
the Vermont and Massachusetts Railroad Company, of so
much of the railroad from Grout's Corner, in Montague, to
Greenfield, with reference to the conditions and terms of the
preceding section.
Section 11. The Vermont and Massachusetts Railroad v. and m.r.r.
Company are hereby authorized, at any time before the first p"- authorized
, t^^ T , 1 1 111 • 1 •" amend loca-
day of July next, to alter and amend the location, hereto- tion of route
fore made and filed by them, of the aforesaid railroad from ^""^ Grout's
Grout's Corner to Greenfield, and to extend such location to Greenfield,
some point in or near the village of Greenfield, and such
alterations, amendment, or extension, shall be filed with the
original location before the said first day of July next; and
the time for the completion of said railroad, by the Vermont Time for com-
and Massachusetts Railroad Company, is hereby extended pj^etion extend-
to the first day of January in the year one thousand eight
hundred and fifty : provided^ however^ that the provisions Proviso.
of the extension of time for said completion shall not take
effect unless the said company shall commence the con-
struction of said railroad, as aforesaid, on or before the first
day of September next.
Section 12. The Vermont and Massachusetts Railroad v. and m.r.r.
Company are hereby authorized to increase the capital stock ^%^qXq^^
of said company by not exceedingfour thousand shares, the Hieir capital
number of which shall, from time to time, be determined stock,
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. [Approved by the Governor,
May 8, 1848. J
An Act concerning the Harbors of New Bedford and Fairhaven. Chctp 269.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The lines hereinafter described are hereby To establish
established as the lines of the channels of the harbors of l|ef?n°New"'
New Bedford and Fairhaven, beyond which no wharf or Bedford and
pier shall ever hereafter be extended into and over the tide- ^^^'g^^^*^" ^^^'
water of the Commonwealth.
Section 2. The lines for the harbor of New Bedford Lines for New
commence at a point near the Smoking Rocks, to find Bedford,
which, measure from the south side of South Street, eight
hundred and twenty-seven feet in the east line of South
Water Street ; thence easterly, at right angles with the east
line of South Water Street, seventeen hundred and fifty-
three feet, to the aforesaid point of commencement; thence,
in a line northerly until it intersects a line drawn easterly,
by the north face of Merrell's Wharf, two hundred feet
from the head of said wharf, and thirteen hundred and
twenty feet from the east hue of said street ; thence, in a
line northerly, until it intersects a line drawn by the north
756
1848.-
■Chap. 269.
Lines for New
Bedford.
Lines for Fair-
haven.
line of Central Wharf, twenty feet easterly from the present
head of said wharf, which point of intersection will be
seven hundred and seventy-four feet easterly of the east
line of North Water Street; thence, a line northerly, to the
north-east corner of the south spur of Rotche's Wharf,
seven hundred and thirty-five feet easterly of the east line
of said street ; thence, a line to the north-east corner of
Hazzard's Wharf, five hundred and ninety-five feet easterly
of said street ; thence, a line to the north-east corner of
Parker's Wharf, thirty-one feet southerly of the New Bed-
ford and Fairhaven Bridge ; thence, westerly, by the north
face of said wharf, ninety-one feet, to the head of the dock,
and four hundred and ninety-five feet easterly from the
east line of said North Water Street; thence, a line north-
erly, crossing the New Bedford and Fairhaven Bridge, to
the south-east corner of Samuel Rodman's Wharf, and five
hundred and fifty-nine feet easterly of the east line of said
street ; thence, a line northerly, until it intersects a line
drawn easterly by the south side of the Railroad Wharf,
eight hundred and forty feet easterly of the east line of
Orange Street, and two thousand and fifty feet easterly of
the east line of Purchase Street ; thence, a line northerly,
until it intersects the north boundary line of Benjamin
Rodman's farm, twenty-three hundred and sixty feet east-
erly of the east line of County Road, and four hundred and
fifty feet easterly from the north-east corner of a sea-wall
in said boundary line ; thence, a line northerly, until it
intersects a line drawn east, from a point two hundred and
twenty-five feet northerly, from the south boundary line of
Haydon Coggeshall's farm, in the east line of County
Street, twenty-seven hundred and twenty-five feet east of
the east line of said County Road ; thence, a line northerly,
until it intersects the north boundary line of said Cogge-
shall's farm, as it passes said County Road, twenty-six hun-
dred feet easterly of the east line of said road ; thence, a
line northerly, until it intersects a line drawn easterly, by
the south boundary line of the public landing at Bellville,
three hundred and eighty feet easterly of the east line of
Bellville Road, leading to the head of Acushnet River.
Section 3. The lines for the harbor of Fairhaven com-
mence at a point six hundred and eighty feet from the east
line of Bellville Road, leading to the head of Acushnet
River, on the New Bedford side, and three hundred feet
easterly of the last point in the description of the limitation
lines on the New Bedford side ; thence, in a line southerly,
until it intersects the north boundary line of Willard Nye's
farm, on the New Bedford side, and thirty-two hundred
feet easterly from the east line of County Road, in said New
Bedford; ihence, a line southerly, until it intersects the
line which runs east from a point two hundred and twenty-
1848. Chap. 269. 757
five feet north of the south Hne of Haydon Coggeshall's
farm, four hundred and fifty feet east of the Hmitation hne
estabhshed by the preceding section, upon the New Bedford
side; thence, a hne southerly, until it intersects a line
drawn easterly by the north line of Pond Street, in said
New Bedford, twenty-seven hundred and seventy feet from
the east line of Purchase Street; thence, a line in the di-
rection of the west abutment of the New Bedford and
Fairhaven Bridge on Pope's Island, until it intersects a line
drawn westerly by the north line of a street running east-
erly by Bartholomew Taber's house, in Fairhaven ; thence,
easterly, in said intersected line, to a point thirteen hun-
dred and sixty feet westerly of the west line of Main
Street, in said Fairhaven; thence a line southerly, to the
east abutment of the aforesaid bridge on Fairhaven side,
five hundred and fifty -nine feet westerly of the west line of
Main Street in said Fairhaven ; thence, a line southerly,
until it intersects a line drawn westerly, by the south line
of a street leading to the river by Abner Pease's house,
nine hundred and twenty feet westerly of the west line of
Main Street, in said Fairhaven ; thence, a line southerly,
to the head of Delano's Wharf, three hundred and ten feet
westerly of the west line of Water Street ; thence, a line
southerly, until it intersects a line corresponding with the
north side of the Old South Wharf, and twenty feet west-
erly from the head of said wharf, and eight hundred and
twenty feet westerly of the west line of Water Street;
thence, a line southerly, parallel with Water Street, until it
intersects a line drawn westerly by the south side of Cen-
tral Wharf; thence, a line southerly and easterly, until it
intersects a line drawn west from a point five hundred feet
northerly, from the corner of a street leading down on
"WiUiam R. Rodman's Wharf, and nine hundred and thirty-
five feet west, from the west line of the road leading to the
fort; thence, a line southerly, until it intersects a line
drawn west from the fort, and eight hundred and thirty
feet west from the west wall of said fort.
Section 4. The lines, beyond which no wharf or pier Lines beyond
shall be extended from Fish Island, commence at the west ^/'pier"s°hru b'/
abutment of the New Bedford and Fairhaven Bridge, on extended from
said island, and at the north Avest corner thereof ; thence, f's'i island.
northerly, by the wall of the wharf, one hundred feet;
thence, a line at right angles with said wall, westerly, one
hundred feet ; thence, a line northerly, being one hundred
feet westerly from the north-west corner of said wall, to a
a point intersecting a line at right angles, drawn from the
north-east corner of the wall of said wharf; thence, by said
line, easterly, to the said north-east corner ; thence, south-
erly, by the face of said wharf, crossing the bridge, to a
point intersecting a line at right angles, drawn from a point
97
758
1848.-
-Chap. 269.
Lines beyond
which no wharf
or pier shall be
extended from
Pope's Island.
Lines beyond
which, &c.,
from Crow
Island.
Authority for
foregoing lines.
in a line corresponding with the head of the Pile Wharf,
and one hundred and twenty feet easterly of the south-west
corner of said wharf; thence, by aforesaid line, to the
point before named ; thence, a line northerly, to the south-
west corner of Stone Wharf, and by the face of the head of
said wharf, to the north-east corner ; thence, by the wall of
said wharf, easterly, to a stone wall, and by said wall,
crossing the said bridge, to the place of beginning.
Section 5. The lines, beyond which no wharf or pier
shall be extended from Pope's Island, commence at the east
abutment of the New Bedford and Fairhaven Bridge, on
said island, and at the north-east corner thereof; thence a
line, in direction of the south-east corner of Railroad Wharf,
seventeen hundred and ninety-three and six tenths feet ;
said line, continued, intersects a line by the south side of
the Railroad Wharf, five hundred and forty feet easterly
from the east line of Orange Street ; thence, a line west-
erly, at an angle of one hundred and thirty degrees, five
hundred feet ; thence, a line southerly and westerly, at an
angle of one hundred and forty-two degrees, nine hundred
and thirty feet ; thence, crossing said bridge, in a line
southerly and easterly, at an angle of ninety-one degrees,
sixteen hundred feet ; thence, easterly, a line at an angle of
one hundred and twenty degrees, twelve hundred and ten
feet; thence, a line northerly and easterly, at an angle of
one hundred and thirty-one degrees, three hundred and
ninety-six and eight tenths feet, to the place of beginning,
making an angle of one hundred and six degrees with the
line first described.
Section 6. The lines, beyond w?iich no wharf or pier
shall be extended from Crow Island, commence at a point
thirteen hundred and forty feet westerly from the west line
of Water Street, in Fairhaven, and forty feet north of the
parallel of Centre Street ; thence, three hundred and sixty
feet westerly, in said line; thence, a line northerly, at an
angle of sixty-eight degrees, ten hundred and sixty feet;
thence, a line easterly, at an angle of ninety degrees, seven
hundred and sixty feet ; thence, a line southerly, at an
angle of ninety-five degrees, one hundred and eighty-nine
feet ; thence, a line southerly, at an angle of one hundred
and forty-four degrees, eight hundred and fifty-nine and six
tenths feet, to the place of beginning, making an angle of
one hundred and forty-three degrees with the line first
described. The said lines, thus described, are the lines re-
ported by a commissioner, under the resolve passed on the
eighth day of April, in the year one thousand eight hun-
dred and forty-six, " relating to the survey of the Harbor
of New Bedford," and by said commissioner drawn and
defined on a map by him taken, and deposited in the library
of the Commonwealth, duplicates of which have also been
1848. Chap. 269—270. 769
deposited with the city authorities of New Bedford, and
with the town clerk of Fairhaven.
Section 7. No wharf, pier, building, or incumbrance of No structure of
any kind, shall hereafter be extended beyond the said lines, yond'safd^Hnes,
or either of them, into or over the tide- water in said har- without leave of
bors; nor shall any wharf or pier, which is now erected on "^^e legislature,
the inner side of either of said lines, be extended further
towards the said line than such wharf or pier now stands,
or than the same might have been lawfully enlarged or ex-
tended before the passing of this act, without leave being
first obtained from the legislature.
Section 8. Every person offending against the provis- offences
ions of this act shall be deemed guihy of a misdemeanor, hfw"punished?''
and shall be liable to be prosecuted therefor, by indictment
or information, in any court of competent jurisdiction, and,
on conviction, shall be punished by a fine of not less than one
thousand dollars, nor more than five thousand dollars, for
every ofience ; and any erection or obstruction, which shall
be made contrary to the provisions and intent of this act,
shall be liable to be removed and abated as a public nui-
sance, in the manner heretofore provided for the removal
and abatement of nuisances on the public highway.
Section 9. This act shall take efiect from and after its
passage. [Approved by the Governor^ May 8, 1848.]
An Act to reg:ulate Intelligence Offices. Chd'D 270
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. No person shall hereafter establish or keep No person shall
any intelligence-ofiice, for the purpose of obtaining places ''^^p ^^^"'^'''"
of employment for male or female family domestics, ser- except for sea-
vants, or other laborers, except seamen, or for procuring or men, without
giving information concerning such places for or to such
domestics, servants, or laborers, or for the purpose of pro-
curing, for employers, domestics, servants, or other laborers,
except seamen, or procuring or giving information concern-
ing such domestics, servants, or laborers, for or to employ-
ers, without a license as hereinafter provided, under a
penalty of not less than ten dollars for each and every day Penalty for
such office shall be so kept, to be recovered, by complaint, ofte"dmg.
in any court of competent jurisdiction.
Section 2. The mayor and aldermen of any city, or the Mayor and
selectmen of any town, may grant licenses, for the term of aldermen, and
one year, to suitable persons, for the foregoing purposes, g^raniUcenser^
and may revoke and annul the same whenever they may for one year,
deem it expedient ; and they shall be entitled to have and
recover, for each and every license so granted, the sum of
one dollar, and no more. [Appi^oved by the Governor, May
8, 1848. J
760
1848.-
■Chap. 271—273.
Chap 21 1.
Jurors before
sheriff, allowed
•1 75 a day.
An Act concerning the Fees of Jurors in certain cases.
BB a ejiacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
To each person attending as a juror before a sheriff, as
prescribed by law, the sum of one dollar and seventy-five
cents a day shall be allowed for his attendance. [Approved
by the Governor, May 8, 1848.]
Chap 272.
Penalty for not
maintaining'
pounds.
An Act in relation to Town Pounds.
it enacted by the Senate and House of Representa-
BE
tives, in General Court assem,bled, and by the authority of
the same, as follows :
Section 1. Every town that shall, for the space of three
months, neglect to provide or maintain a sufficient pound,
shall forfeit the sum of fifty dollars to the use of the Com-
monwealth.
Section 2. All acts or parts of acts, inconsistent here-
with, are hereby repealed. [Approved by the Goveimor^
May 8, 1848.]
Chap273.
To construct a
railroad from
Dedham to
West Roxbury,
Capital stock
increased not
to exceed
5160,000;
shares ^100.
Legislature
may reduce
tolls.
An Act to authorize the Boston and Providence Railroad Company to con-
struct a Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Boston and Providence Railroad Com-
pany are hereby authorized to locate, construct, and main-
tain a railroad, with one or more tracks, from some conve-
nient point in the village of Dedham, along and across the
Charles River Meadows, to the village of West Roxbury,
and from thence to the Boston and Providence Railroad, at
or near the toll-gate ; 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 forty-fourth
chapter of the Revised Statutes, and in that part of the
thirty-ninth chapter of said statutes relating to railroad
corporations, and all the statutes subsequently passed, or
that shall hereafter be passed, relating to railroad corpora-
tions.
Section 2. The Boston and Providence Railroad Com-
pany are hereby authorized to increase their capital stock,
for the purpose of the construction and equipment of the
railroad hereby authorized, by a sum not exceeding in
amount the sum of one hundred and sixty thousand dol-
lars, to be divided into shares of one hundred dollars each.
Section 3. The legislature may, after the expiration of
four years from the time when said railroad shall be opened
for use, from time to time, alter or reduce the rate of tolls,
1848. Chap. 273—275. 761
or other profits, upon said road ; but the said income shall
not, without the consent of said corporation, be so reduced
as to yield less than ten per centum per annum.
Section 4. The said company may unite the railroad Road may
hereby authorized with the Dedham Branch Railroad ; and Ham s'ranch*'^'
may also enter, with their railroad, by proper turnouts and and Norfolk
switches, upon the Norfolk County Railroad, upon such ^o°ad"'^ ^^'''
terms as may be agreed on by the respective corporations.
Section 5. If the said Boston and Providence Railroad Location and
Company shall not, within one year, file a location of their '^'''"P'®*'^"-
route in the manner prescribed by law, or if said railroad
shall not be completed within two years from the passage of
this act, then this act shall be void. [A2}p7^oved by the Gov-
ernor, May 9, 1848.]
Chap274>.
An Act relating to District School Houses.
BE it enacted by the Se?iate and House of Represeiiia-
tives, in General Court assembled^ and by the authority of
the same, as follows :
Section 1. Whenever the inhabitants of any town shall, en"ia74d und^e"*
according to the provisions of the forty-fourth section of the R. s.^ch. 23,
twenty-third chapter of the Revised Statutes, vote any sum force*fhe°pro-
for any of the purposes named in the twenty-eighth section visions of the
of the said twenty-third chapter, they may also empower suchchap^L
the selectmen of the town, or the school committee, or may where districts
choose any committee, to carry into effect the provisions of ^^f^^^^ ^^''^'
said twenty-eighth section, if the inhabitants of any school
district shall neglect or refuse to choose such committee.
Section 2. This act shall take effect from and after its
passage. [App7'oved by the Governor, May 9, 1848.]
Chapllb.
An Act to establish the VVreutham Branch Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the saine, as follows :
Section 1. Melatiah Everett, William F. Richardson, corporators.
Hervey E. Clapp, their associates and- successors, are here-
by made a corporation by the name of the Wrentham
Branch Railroad Corporation, with all the powers and priv-
ileges, and subject to all the duties, liabilities, and restric-
tions, set forth in the forty-fourth chapter of the Re-
vised Statutes, and in that part of the thirty-ninth chapter
thereof relating to railroad corporations, and in all other
general laws which have been, or shall hereafter be passed,
relative to railroad corporations.
Section 2. Said corporation is hereby authorized and Railroad to be
empowered to locate, construct, and maintain a railroad, constructed,
with one or more tracks, from some convenient point on the
Norfolk County Railroad, in Wrentham, to some convenient
point near the central village in Wrentham ; and to enter
762
1848.-
-Chap. 275—276.
Capital stock
not to exceed
^55,000 ;
shares g 100.
Real estate.
Location and
completion.
Franchise, &c.,
may be trans-
ferred to Nor-
folk County
Railroad Com-
pany j and that
company may
add 855,000 to
their capital
stock.
with their railroad, by proper turnouts and switches, upon
the Norfolk County Railroad, at the point aforesaid, and to
use the same, or any part thereof, according to the provis-
ions of law.
Section 3. The capital stock of said corporation shall
not exceed five hundred and fifty shares, the number of
which shall be determined, from time to time, by the direct-
ors of said corporation ; and no assessments 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 as may be necessary for
the purposes of their incorporation.
Section 4. If the location of this road be not filed with-
in two years, and if said railroad be not constructed within
three years from the passage of this act, then this act shall
be void.
Section 5. Said corporation are hereby authorized to dis-
pose of their franchise, and all their rights under this act,
to the Norfolk County Railroad Company, on such terms
as shall be agreed upon by said corporations respectively.
And if said Wrentham Branch Railroad Corporation shall
thus transfer its franchise and rights to the Norfolk County
Railroad Company, the said Norfolk County Railroad Com-
pany are hereby authorized to increase their capital stock
by the sum of fifty-five thousand dollars.
Section 6. This act shall take effect from and after its
passage. [Approved by the Governor, May 9, 1848. J
Chap 276.
Keepers of jails
and houses of
correction, ex-
cept in Suffolk,
to receive §1 75
a week, for
board of pris-
oners.
When compen-
sation may be
increased.
Prison Books to
be kept and ex-
hibited.
Aa Act ia addition to an Act to provide for the Government and Manage-
ment of Houses of Correction in certain cases.
BE a enacted by the Senate a?id House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1, The keepers of the several jails and houses
of correction, in the several counties of this Commonwealth,
(excepting the county of Suffolk,) shall receive, from the
several counties in which they are respectively located, the
sum of one dollar and seventy-five cents per week, for the
board of each prisoner therein confined, which shall be paid
to them by the treasurers of their respective counties, upon
the certificate of the overseers of said houses of correction ;
and in those counties where, in the opinion of the county
commissioners, the above sum shall not be an adequate
compensation, the said commissioners shall make such
further allowance as they shall think reasonable, and the
proceedings consequent thereon shall be conformable to the
provisions of the third section of the act to which this is an
addition.
Section 2. All keepers of jails, and masters of houses of
correction, in this Commonwealth, shall keep a book, which
1848. Chap. 276—278. 763
shall be called the Prison Book, in which they shall keep an
account of all articles furnished for the support of the
prisoners under their charge, of whom bought, the quantity,
and the price paid for the same; which book, verified by the
oath of said keepers and masters, shall be exhibited to the
county commissioners, in the months of May and Novem-
ber, at the time when said accounts shall be presented for
allowance.
Section 3. The county commissioners of said counties Keepers, &.C.,
may, if they shall judge it to be expedient, pay to the said ^^J^'j^^®^
jailers and keepers, as a compensation for their services, a
salary, to be agreed upon by the parties, instead of paying
them for the board and support of said prisoners ; in which
case, all necessary supplies for said jails and houses of cor- Duty of county
rection shall be procured and furnished, under the direction J^°^j,at m°"^"
of said commissioners, by said keepers, at the expense of
said counties.
Section 4, All acts and parts of acts, inconsistent with inconsistent
the provisions of this act, are hereby repealed. [App7'oved ^*^'^ repealed.
bi/ the Governor, May 9, 1848.]
An Act authorizing the appointment of an additional Master in Chancery, in (7Aflc277
the County of Essex. -^
BE it enacted by the Senate and Ho^ise of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. His excellency the governor, by and with the Governor and
advice and consent of the council, is hereby authorized to iz°ed" to Tppdnt
appoint an additional master in chancery, in and for the another master
county of Essex; and the number of masters in chancery, Essex"*^^"^^' '"
for said county, shall hereafter be five.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 9, 1848.]
An Act concerning the Erection of Balustrades upon Buildings in Cities. ChoV 278.
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 :
The city council of any city in this Commonwealth shall The city councij
have power, from time to time, to make and adopt such aut^honze"th?^^
rules and regulations, for the erection and maintenance of erection of bai-
balustrades, or other projections upon the roofs or sides of "oofs!^^* °"
buildings in suc?i city, as, in their judgment, the safety of
the citizens may require. And the city council of any city
may annex penalties, for the violation of any such rules and PenaUies.
orders, not exceeding twenty dollars in anyone instance;
which penalties may be recovered, for the use of the city,
by complaint before the police court of such city, or any
justice of the peace, in a city where no police court is estab-
lished : provided, that no such rule or order shall take effect, Proviso.
764
1848..
-Chap. 278—280.
Chap 219.
Adjacent towns
may unite for
establishing a
high-school,
where inhabit-
ants in each are
not more than
2,000.
The manage-
ment of such
school by ajoint
committee.
Location of
schoolhouse.
Expenses, how
assessed.
Chap 2^0.
To extend a
wharf in East
Boston to com-
missioners' line.
or go into operation, until the same shall have been pub-
lished at least sixty days in some newspaper printed in such
city, or the county within which such city is included.
[Approved by the Governor, May 9, 1848.]
An Act to authorize adjacent Towns to unite for School 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 :
Section 1. Any two adjacent towns, having not more
than two thousand inhabitants each, may form one high-
school district, for establishing such a school as is contem-
plated in the fifth section of the twenty-third chapter of the
Revised Statutes, whenever a majority of the citizens of each
town, in meetings called for that purpose, shall so determine.
Section 2. The school committees of the two towns, so
united, shall elect one from each of their respective boards,
and the two, so elected, shall form the committee for the
management and control of such school, with all the powers
conferred upon school committees and prudential commit-
tees.
Section 3. The committee, provided for in the foregoing
section, shall determine the location of such schoolhouse as
shall be authorized to be built by the towns forming such
district, or authorize the location of such school alternately,
in the two towns, whenever the towns shall not determine
to erect a house for its permanent location.
Section 4. In the erection of any schoolhouse for the
permanent location of such school, and in the support and
maintenance of the same, and in all incidental expenses at-
tending the same, the proportions to be paid by each town,
unless otherwise agreed upon, shall be according to the pro-
portions of such towns in the county tax. [Approved by the
Governor, May 9, 1848.]
An Act to authorize Joseph Noble and others 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 :
Joseph Noble, John J. Low, and Francis Low, proprietors
of a wharf and flats situate on Border Street, in that part of
Boston called East Boston, and lying between and adjoining
the land and flats of Ammi C Lombard, Charles O. Whit-
more, and Israel Lombard, on the north, and Donald
McKay, on the south, are hereby authorized to extend and
maintain their wharf into the harbor channel, as far as the
line established by the act entitled "An Act concerning the
Harbor of Boston," passed on the seventeenth day of March,
in the year one thousand eight hundred and forty, and shall
have the right to lay vessels at the end and sides of said
1848. Chap. 280—281. 765
wharf, and to receive wharfage and dockage therefor : 73^0- Proviso,
vided, however, that this grant shall not be construed to ex-
tend to any flats or land of this Commonwealth lying in
front of the flats of any other person, or which would be
comprehended by the true lines of such flats continued to
the said commissioners' line ; a7id provided, also, that so Proviso.
much of said wharf as may be constructed below low- water
mark shall be built on piles, which piles shall not be nearer
to each other than six feet in the direction of the stream,
and eight feet in a transverse direction ; and that this act
shall in no wise impair the legal rights of any person or
corporations whatever. [Approved by the Governor, May 8,
184S.J
An Act in addition to " An Act to incorporate the Williamstowu Water Com- (^hf,^ 9ft 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 :
Section 1. The Williamstowu Water Company may May take, &c.
take, hold, and convey to, into, and through, the north vil- the water of
lage in Williamstowu, the water of Cold Spring, situated spedfied!^^'
about one mile south-westerly from the north meeting-house
in said town ; also, the water from a spring situated on
land occupied by Willard B. Sherman, about one mile
north-westerly from the said meeting-house, and may take May take and
and hold real estate necessary for laying and maintaining ''°^'''"^^^^^'^'^-
aqueducts and reservoirs, and may take land around the
margin of said springs, not exceeding three rods, measuring
from the centre of the spring. Said company shall, within Description of
sixty days from the time of taking any lands or springs, fandlffaken to
file, in the office of the registry of deeds, in the northern be fiied in reg-
district of the county of Berkshire, a description of the '^'fy of deeds,
land and springs so taken, as certain as is required in a
common conveyance of land, and a statement of the pur-
pose for which taken, signed by the president of said com-
pany.
Section 2. The said company may make aqueducts Aqueducts,
from the aforesaid sources through 4J^e north village in
Williamstowu as far as the Green River, and may maintain
the same by suitable works ; may make reservoirs and hy- Reservoirs,
drants, and may distribute the water throughout said vil- Mrantg,&c.
lage by laying down pipes, and may establish the rents
therefor. And the said company, for the purposes afore-
said, may enter upon and dig up any road, under the direc- Power to dig
tion of the selectmen of Williamstown, in such manner as ''^^^^>^^'
to cause the least hindrance to the travel thereon.
Section 3. All damages sustained by taking land, water, ascenfi^ed"
or water-rights, or by making aqueducts, reservoirs, or &«-, as in case
other works, shall be ascertained, determined, and recov- forhighwVs*
98
766
1848-
■Chap. 281—282.
Penally for ma-
licious injury
done to any of
the company's
properly.
Three times
amount of
damage.
Fine and im-
prisonment.
Chap 282.
Capital stock
increased not
exceeding
^1,000,000.
Proviso,
concerning
branch rail-
roads.
Proceeds of
new stock, how
to be appro-
priated.
Proceedings
before sale of
new shares.
ered, in the manner now provided by law in case of land
taken for highways.
Section 4. Any person who shall maliciously divert the
water, or any part thereof, of the sources which shall be
taken by the said company pursuant to the provisions of
this act. or who shall corrupt the same, or render it impure,
or who shall destroy or injure any dam, reservoir, aqueduct,
pipe, hydrant, or other property, held, owned, or used, by
the said company, for the purposes of this act, shall pay
three times the amount of damage to the said company, to
be recovered by any proper action ; and every such person,
on conviction of either of the malicious acts aforesaid, may
be punished by fine not exceeding one hundred dollars, and
imprisonment not exceeding six months. [Apjy/^oved by the
Governor, May 9, 1848.]
An Act to increase the Capital Stock of the Western Railroad Corporation.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the sa?ne, as folloios :
Section 1. The directors of the Western Railroad Cor-
poration are hereby authorized to increase their capital
stock, by an amount not exceeding one million of dollars,
by adding thereto, from time to time, at their discretion, an
additional number of shares, not exceeding ten thousand,
of one hundred dollars each, and may dispose of the same
at not less than one hundred dollars per share, as herein-
after provided: and provided, that no branch railroad shall
hereafter be constructed by this corporation witliout the
previous assent of the legislature, unless the location thereof
shall be filed with the county commissioners, according to
law, within one year ; and the construction of all branch
railroads that have been, or may hereafter be located by
said corporation, shall be completed within two years from
the passage of this act.
Section 2. The proceeds of said shares shall be appro-
priated for additional expenditures of construction of the
road and its appurtenances, for engines and cars therefor,
and for no other purpose. And said corporation shall con-
tinue annually to set apart, from the income of said road,
the sum designated in the third section oT " An Act to aid
the construction of the Western Railroad," passed on the
twenty-third day of March, in the year one thousand eight
hundred and thirty-nine.
Section 3. Whenever the capital stock of said corpora-
tion shall be increased, as herein provided, the directors
shall, before any sale of the new shares so created, give
notice thereof, in writing, to the treasurer of the Common-
wealth and the private stockholders, to be transmitted in
such manner as the directors judge best; and said private
1848. Chap. 282—285. 767
stockholders may, within thirty days after such notice,
take, at the par vahie thereof, their proportion of such in-
creased number of shares, according to the number of
shares in such capital stock owned by them ; and if any
shares then remain unsold, the said corporation may dis-
pose of the same at not less than the par value thereof
Section 4. Whenever the treasurer of the Common- Treasurer may
wealth shall receive notice of such increase of capital stock, weahh'THght to
he may sell the Commonwealth's right to the proportion of new stock,
stock to which it may be entitled, in such manner as he
shall deem most beneficial to the Commonwealth.
Section 5. This act shall take effect from and. after its
passage. [Apjvovecl by the Governor, May 9, 1848.]
An Act to repeal An Act concerning Public Schools. Cildp 283,
BE it enacted by the Senate and House of Representa- A school to be
iives, in General Court assembled, and by the aiithoritv of kept for instruc-
j, ' J. ,, ' -^ if J tion in the high-
ine same, as JolloiCS : er branches, and
The seventy-sixth chapter of the acts- of the year one jor all the jn-
thousand eight hundred and forty is hereby repealed, and town^of^soo
the fifth section of the twenty-third chapter of the Revised families; and in
Statutes is hereby revived. [Approved by the Gove7'nor, a°sl^hooifor '
May 9, 1848.1 Greek Xatin,
~ &c., in addition.
An Act to incorporate the Long Pond Mutual Fire Insurance Company. Hhrir) 2^4*
BE it enacted by the Senate and House of Representa-
fives, in General Court assembled, and by the authority of
the same, as follows :
Jonathan Ellis, Phineas E. Gay, Henry H. Fuller, their Corporators,
associates and successors, are hereby made a corporation,
by the name of the Long Pond Mutual Fire Insurance
Company, in the city of Boston, for the term of twenty-
eight years, for the purpose of insuring dwelling-houses For insuring
and other buildings, and personal property, within this P'"°p^''*^'"^'?®
Commonwealth, against loss by fire ; with all the powers against fire.
and privileges, and subject to all the duties, liabilities, and ^"""P^^y'"
restrictions, set forth in the thirty-seventh and forty-fourth years."' °'
chapters of the Revised Statutes : pi'ovided, that no policy Proviso.
shall be issued by this company until property, to the
amount of one hundred thousand dollars, shall be sub-
scribed to be insured. {Approved by the Governor, May 9,
1848.]
An Act in addition to " An Act to establish the Newburyport Railroad Com- r^-i _ opr
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Newburyport Railroad Company are ch°au^gL°d" from
hereby authorized and empowered to change the location Newburyport
^ r & toBradlord.
768
1848.-
■Chap. 285.
Proviso,
assessments
paid, to be re-
funded, ill what
case.
Powers and lia-
bilities.
Any company
may be author-
ized to enter
upon and use
this road.
Location and
completion.
of their railroad, and, instead of constructing their railroad
as now located, to locate, construct, and complete, a rail-
road, as follows: — Beginning at some convenient point,
between the Newburyport Turnpike, so called, and the
present Eastern Railroad depot, in or near Newburyport;
thence running westerly over or near Common Pasture, so
called, and northerly of Turkey Hill, in the town of New-
bury, crossing Artichoke River, and continuing onward
between Archelaus and Pipe-stave Hills, in West Newbury,
to some convenient place for crossing the main road leading
from Newburyport to Bradford ; thence crossing the same,
and passing between said road and the Merrimack River,
to a point near the house of William Balch, in Bradford;
thence crossing said main road, and passing near the meet-
ing-houses in the east parish of Bradford, to Johnson's
Creek, so called, near the Merrimack River, in the most
convenient direction, to a point near the Boston and Maine
Railroad, at their depot in Bradford aforesaid : jjrovidecl,
however, that if said company vote to change the location
of their railroad, as they are above authorized to do, they
shall refund to all such stockholders as may, within thirty
days after such vote shall have been passed, signify, in
writing, to the treasurer of the company, their wish to give
up and surrender their stock, all the amount they have
severally paid as assessments, with interest thereon from
the time of such payment.
Section 2. The said Newburyport Railroad Company,
in constructing and m.aintaining their railroad hereby au-
thorized, shall have and enjoy all the privileges and pow-
ers, and be subject to all the duties, restrictions, and liabil-
ities, set forth in the several public statutes of this Com-
monwealth, which have been, or which shall be, passed,
relating to railroad corporations.
Section 3. The legislature may authorize any company
to enter with another railroad upon, and to use the said
railroad hereby authorized, or any part thereof, and may
authorize said railroad company to enter upon and to use
any other railroad, or any part thereof, according to the
provisions of the statutes of the Commonwealth, paying
therefor, in each case, such rates of toll or compensation,
and complying with such rules and regulations, as may be
mutually agreed upon, or as the legislature shall, from time
to time, prescribe.
Section 4. If the location of said railroad hereby au-
thorized is not filed, according to law, within one year, or
if said company shall not complete said railroad within
three years from the date of this act, then the same shall
be null and void.
Section 5. This act shall take effect from and after its
passage. [Approved by the Governor, May 9, 1848.J
1848. Chap. 286—289. 769
An Act concerning Poor Debtors. ChctV 286.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. When any debtor who is arrested or under Debtor having
bail on mesne process, or is committed on mesne process, given nonce of
^ ,' , 1 -1 1 11 , • '■ 1 intention to take
execution, or surrender by bail, shall have given to the the benefit, &c.,
creditor notice of his intention to take the benefit of the ^o^|'j^^'°?'>'=e
law for the relief of poor debtors, no new notice of the until sevln^^"
same intention shall be given, until the expiration of seven days after ser-
days from the service of the fornaer notice. notice. R. 1.,
Section 2. The thirty-ninth section of the ninety-eighth ch. 93, sec. 39,
chapter of the Revised Statutes, is hereby repealed. [Ap- ""^P^^^ •
proved by the Governor, May 9, 1848.]
An Act concerning the Walnut Grove Cemetery. Ohnn^^n
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follovs :
The proprietors of the Walnut Grove Cemetery are au- Proprietors
thorized to grant and convey, by deed, a right of way over ^,ght%T\vaY
such portions of their cemetery as are not needed or re- over tiieir cem-
quired for purposes of burial. [Approved by the Governor, ^^^^^'
May 9, 1848. J
An Act to incorporate the Maiden Company. Chat) 288
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the aiithority of
the same, as follows :
Section 1. John S. Lee, Mathew S. Parker, Moses M. Corporators.
Rice, their associates and successors, are hereby made a
corporation, by the name of the Maiden Company, with
power to erect and construct a machine-shop, for the purpose
of manufacturing machinery, steam-engines, and all the To manufac-
work usually connected with that branch of business, in s^an^gn^l"^*"^'
Maiden and Medford ; with all the powers and privileges, &c., in MaidcA
and subject to all the duties, liabilities, and restrictions, set ^'^^ Medford.
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Section 2. Said corporation may take and hold real es- Real estate not
tate not exceeding in value one hundred and fifty thousand ^gi^QQQ^.
dollars, and their whole capital stock shall not exceed three capital sto'ck,
hundred thousand dollars. [Approved by the Governor, osqq'ooo'^^^^'
May 9, 1848.] '
An Act for the appointment of an Assistant Clerk of the Courts in the County Qhctp 289.
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 :
Section 1. The supreme judicial court may appoint fpp;i^tTnrs-^
770
1848.-
-Chap. 289—291.
sistant clerk for some Suitable person to act as assistant clerk of the courts
for the county of Middlesex, who shall perform his duties
under the direction of the clerk of said courts ; and who
shall hold his office for a term of time not more than two
years, subject to be sooner removed by the supreme judicial
court; and shall receive for his services, as said assistant
clerk, such sum, not exceeding eight hundred dollars a year,
as the said court shall direct, which shall be paid to him
quarterly from the county treasury.
Section 2. This act shall take ejSect from and after its
passage. [Approved by the Governor, May 9, 184S.]
Middlesex, for
not more than
two years.
Pay not ex-
ceedii
per annum, out
of county
treasury.
Chap2d0.
Debt for labor
or materials on,
or provisions
for, any ship,
&c., to be a
lien on such
ship.
Preference to
ail other liens,
except for mar-
iners' wages.
Limitation of
lien.
Proviso.
Chap in.
No city or town
to erect, &c.,
almshouse, &c.,
in any other
city or town,
without special
leave.
An Act establishing a Lien upon Ships and Vessels in certain cases.
BE it enacted by the Senate and House of Rej)resenta-
iives, in General Cou?'t assembled, and by the authority of
the same, as follows :
Section 1. Whenever a debt is contracted for labor per-
formed, or materials used, in the construction or repair of,
or for provisions and stores or other articles furnished for,
or on account of, any ship or vessel within this Common-
wealth, such debt shall be a lien upon such ship or vessel,
her tackle, apparel and furniture, and shall be preferred to
all other liens thereon, except mariners' wages.
Section 2. When the ship or vessel shall depart, from the
port at which she was when such debt was contracted, to
some other port within this Commonwealth, every such
debt shall cease to be a lien at the expiration of twenty
days after the day of such departure ; and in all cases such
lien shall cease immediately after the vessel shall have ar-
rived in any port out of this Commonwealth : provided,
however, that nothing in this act shall alter, or be construed
to alter, or in any way affect, the lien as now existing on
foreign ships and vessels. [Apjyj^oved by the Governor, May
9, 1848.]
An Act relating to the Erection and Location of Almshouses and Houses of
Correction.
BE it eiiacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follotos :
Section I. No city or town shall, hereafter, erect or
maintain an almshouse, or house of correction, within the
limits of any other city or town, unless the consent of the
inhabitants of the city or town, within which such alms-
house or house of correction is proposed to be erected or
maintained, shall have been first obtained, at a legal meet-
ing of the inhabitants of said town or city.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 9, 1848,]
1848. Chap. 292. 771
An Act authorizing the Eastern Railroad Company to extend their Railroad QJidr) 292.
into 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 :
Section 1. The Eastern Railroad Company are hereby E^'J^R^co'li?
authorized to enter, with their road, along with the Grand pany'ma'y enter
Junction Railroad and Depot Company, upon the Boston Boston,
and Maine Railroad, in Somerville, and thence to use the
same into the city of Boston, according to the provisions of •
law; or to construct, maintain, and use one or more addi-
tional tracks, to Causeway Street, in said city, keeping
within the located limits of said Boston and Maine Railroad,
across Miller's and Charles Rivers, with a right to use, for
that purpose, not exceeding one half of the width of the
bridge already constructed across said rivers, paying there-
for one half of the cost of construction, and subject to all Obligations,
the duties, liabilities, and restrictions, provided in the acts gt^l'ctions' '^^'
relating to the said Boston and Maine Railroad, and all
general laws which are now, or may hereafter be, in force,
relating to railroads in this Commonwealth : provided, that Proviso.
no part of said bridge shall ever be used as a wharf for Bridge,
laying vessels across the stream of said rivers : and pro- Proviso.
vided, that said Eastern Railroad Company shall not take
the easterly half of said bridge, without the consent of the
Boston and Maine Railroad.
Section 2. If the said Eastern Railroad Company, and O" disagree-
the said Boston and Maine Railroad, cannot agree upon the uie°E. r.^r.^"
manner in which the rails of the said companies, respect- ^°'r"r^p'^
ively, shall be laid across said bridge, or upon the compen- the governor
sation to be paid by the Eastern Railroad Company to the and council to
Boston and Maine Railroad, or upon any other matter commissioners
necessary to the proper carrying into effect of the pro vis- to determine &c.
ions of this bill, his excellency the governor, by and with
the advice and consent of the council, shall select three dis-
interested commissioners, who, or a majority of whom,
shall award and determine all such matters of difference,
and shall also have power to award and determine as to the
matter of their own costs, and the costs of the reference before
them ; but said commissioners shall all hear the parties.
Section 3. The said company shall not locate any part Restriction of
of their road on Causeway Street, in said Boston, within '°^^*'°"-
fifty feet of the westerly side of the freight-house of the
Boston and Maine Railroad Company, without the consent
of said company.
Section 4. Said company shall observe such rate of Rate of speed
speed, and establish and maintain such securities for public forVavd"^'^^
safety on their road, and about their depot buildings hereby
authorized in the city of Boston, as the mayor and alder-
men thereof shall require.
772
1848.-
-Chap. 292—294.
Location and
completion of
road.
Company may
increase its
stock not ex-
ceeding
;g300,000.
Chap 293.
Corporators.
For manufac-
turing cotton
goods in Graf-
ton.
Real and per-
sonal estate
not to exceed
;g 150,000.
Chap 294..
Proprietors of
Essex bridge
released from
obligations in
the 4lh and 5th
sections of their
act of incorpo-
ration.
Proviso,
t
Section 5. If the said company shall not file the loca-
tion of so much of the road herein granted, as lies in the
county of Middlesex, with the county commissioners of said
county, and so much as lies in the county of Suffolk, with
the mayor and aldermen of the city of Boston, within one
year from the time this act shall take effect, and if the said
road shall not be built in two years from said time, this act
shall be void.
Section 6. For the purposes of this act, the said company
are authorized to increase their capital stock by an amount
not exceeding three hundred thousand dollars. [Approved
by the Governor, May 9, 1848.]
An Act to incorporate the Saunders Cotton Mills.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Esek Saunders, Benjamin Saunders, Gibben
C. Taft, their associates and successors, are hereby made a
corporation, by the name of the Saunders Cotton Mills, for
the purpose of manufacturing cotton goods in the town of
Grafton, 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.
Section 2. Said corporation, for the purpose aforesaid,
may hold real and personal estate, not exceeding in value
one hundred and fifty thousand dollars. [Approved by the
Governor, May 9, 1848.]
An Act relating to Essex Bridge.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the atithority of
the same, as follows :
Section 1. The proprietors of Essex Bridge are hereby
released from the obligation of keeping the said bridge ac-
commodated with at least twelve good lamps; of keeping
an anchor placed in the bed of the river, above the draw of
said bridge, a hawser, extending from such anchor to an-
other anchor below the draw, and a hawser, to extend from
the extremity of the pier, on one side of the bridge, to the
extremity of the pier on the other side ; any thing in the
fourth and fifth sections of an act incorporating the pro-
prietors of Essex Bridge, passed on the seventeenth day of
November, in the year one thousand seven hundred and
eighty-seven, to the contrary, notwithstanding : ;9royzrfec/,
however, that the proprietors of said bridge shall hereafter
cause said bridge to be accommodated with one good lamp
at each end thereof, lighted in due season, and kept burning
till twelve o'clock, midnight, of every night, and with one
1848. Chap. 294—296. 773
good lamp at the draw thereof, Hghted as aforesaid, and
kept burning the whole of every night ; and shall hereafter
allow all foot-passengers, at all times, to pass and repass
over said bridge, free of toll.
Section 2. This act shall not take effect until it shall be Act to be ac
accepted by the proprietors of said bridge, at a legal meet- prjeiors';'^ ^'°"
ing to be called for that purpose. [App?-oved by the Govern-
or, May 9, 1848.]
An Act in addition to An Act to incorporate the Essex Company. ChcLT) 295
BE it enacted by the Senate and House of Representa-
tives, iti General Court assembled, and by the authority of
the same, as follows :
Section 1. The Essex Company are hereby authorized ^^P'^^^ ?tock
to increase their capital stock by an amount not exceeding rreased,'not
five hundred thousand dollars ; provided, however, that said exceeding
company shall be liable for all damages that shall be occa- ■?> '•
k J o Jrvoviso con*
sioned to the owners of fish-rights, existing above the said cemingfish-
company's dam, by the stopping or impeding the passage of '"'£'''*•
the fish up and down the Merrimack River by the said dam,
and such damages shall be assessed by the county commis-
sioners of the county in which such fish-rights exist; and
either party, if dissatisfied with any assessment of damages,
in such case, may apply for a jury to assess the damages in
the manner provided, in the twenty-fourth chapter of the
Revised Statutes, for the recovery of damages from laying
out highways, and nothing contained in the seventh section
of the act to which this act is in addition shall be deemed
or taken as a bar to any claim for damages under this act
and the act to which this is an addition.
Section 2. This act shall take effect whenever the stock- Act to take
holders of said company, at a legal meeting, shall accept the cfmid^^by" ^''"
provisions in the preceding section, and shall file, in the stockholders,
office of the secretary of the Commonwealth, a legally cer-
tified and attested copy of the vote by which such accept-
ance shall be made. [Approved by the Governor, May 9,
1848.]
An Act to incorporate the Union Railroad Company. ChctV^^^'
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Isaac Livermore, Charles Davenport, Newell Corporators.
Bent, their associates and successors, are hereby made a
corporation, by the name of the Union Railroad Company,
with all the powers and privileges, and subject to all the
duties, liabilities, and restrictions, set forth in the forty-
fourth chapter of the Revised Statutes, and in that part of
the thirty-ninth charter of said statutes relating to railroad
corporations, and in all other general laws which have been,
99
774
1848.
-Chap. 296.
To construct a
railroad from
Somerville to
Brookline.
Capital stock
;^150,000 ;
shares 5 100.
Real estate
not to exceed
^70,000.
Company may
unite their R. R
with the Fitch-
burg, B. and
Lowell, and B.
and Worcester
Railroads.
Bridge across
Charles River,
with draw.
Rate of speed
regulated.
Securities to
travel, regula-
ted.
or shall be subsequently passed, relative to railroad corpora-
tions.
Section 2. Said company are authorized to locate, con-
struct, and maintain, with one or more tracks, a railroad
commencing in Somerville, at some point in the Fitchburg
Railroad, near its intersection with the Boston and Lowell
Railroad ; thence running to a point near Bridge Street, in
said Somerville ; thence, across the marshes on the westerly
side of East Cambridge village, to a point on Main Street in
Cambridge, a little below Washington Street ; thence, across
the marshes to Charles River ; and over said river by a
bridge at such point as the commissioner under whose direc-
tion said bridge is to be constructed shall determine : provi-
ded, that said bridge shall not be located more than fifty
rods below the ship-yard, nor more than fifty rods above the
powder-house, to a point in the Boston and Worcester Rail-
road in Brookline, with piers two himdred feet long, fur-
nished with a capstan at each end of the piers: provided^
that the railroad hereby authorized shall not pass any high-
way or avenue to Boston on the same level therewith.
Section 3. The capital stock of said company shall con-
sist of not more than fifteen hundred shares, the number of
which shall, from time to time, be determined by the direct-
ors of said company ; and no assessment shall be laid
thereon of a greater amount, in the whole, than one hun-
dred dollars on each share; and said corporation may invest
a portion of their capital, not exceeding seventy thousand
dollars, in real estate, for depot-grounds, wharves, and
other purposes, and may invest such portion thereof in per-
sonal estate, as may be necessary or convenient for the pur-
poses of their incorporation.
Section 4. The company hereby established may enter
upon and unite their railroad, by proper turnouts and
switches, with the Fitchburg, Boston and Lowell, and Bos-
ton and Worcester Railroads, and may contract with any of
said companies to equip and run their said railroad, or any
part of the same.
Section 5. The bridge across Charles River shall be con-
structed, not exceeding twenty-six feet in width, with a
convenient draw and suitable piers, to facilitate the passage
of vessels; and said company shall be held liable to keep
the draws and piers in good repair, and to open the same,
and afford all proper accommodations to vessels having
occasion to pass the same by day or by night.
Section G. The rate of speed for crossing any of the
streets or roads shall not exceed six miles per hour, and the
securities to travel, by gates, flags, or bridges, at the cross-
ings, shall be regulated in Somerville in such manner as
shall be required by the selectmen of said town, and, in
1848. Chap. 296—298. 775
Cambridge, in such manner as shall be directed by the city-
council of said city.
Section 7. The corporation hereby established may, at Franchise may
any time, transfer iheir property and franchise to either of J'o^'eSfonhe
the companies with whose raihoad the railroad hereby companies
established shall unite or connect. 4rh"sfction!'^
Section 8. The legislature may authorize any company This road may
to enter with a railroad upon, and use, the railroad hereby be used by other
established, or any part thereof, by complying with such companies,
reasonable rules and regulations as the Union Railroad
Company may prescribe, or as may be determined according
to the provisions of law.
Section 9. The legislature may, after the expiration of Legislature may
four years from the time when said railroad shall be opened ^^ ""^^ ^° *'
for use, from time to time, alter or reduce the rate of toll,
and other profits, upon said railroad ; but said tolls or profits
shall not, without the consent of said company, be so re-
duced as to produce less than ten per cent, per annum upon
the investment of said company.
Section 10. If the location of said railroad shall not be Location and
filed within eighteen months, or if the said company shall completion,
not complete the railroad, as provided in the second section
of this act, with at least one track, within three years from
the passage of this act, the same shall be void. [Approved
by the Governor, May 10, 1848.]
An Act in addition to " An Act to incorporate the Union Railroad Company." QJinj) 297
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The bridge which said company are author- Bridge across
ized bv their act of incorporation to construct across Charles P ^ f^^i'I^
•r» • ' 1 11 1 1 T 1 1 T IT • , to be located,
Kiver, shall be located and constructed under the direction oi &c., byacom-
a commissioner to be appointed by the governor, by and missioneMo be
with the advice of the council, whose expenses shall be paid governo^r and
by said company. council.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 10, 1848.]
An Act to incorporate the Central Square Wharf Company. Chftn'2.^f^
BE it enacted by the Senate arid Honse of Representa-
fives, in General Court assembled, and by the authority of
the same, as follows :
Section I. Albert Bowker, William Fettyplace, Lewis Corporators.
Rice, their associates and successors, are hereby made a
corporation, by the name of the Central Square Wharf
Company, with power to purchase and hold, in fee simple to purchase
or otherwise, all or any part of that tract of land, wharves, and hold &c.,
docks, and flats, situated in that part of Boston called East &c.,inEasr^'
Boston, lying opposite to Central Square and Border Street, Boston.
776
1848.-
-Chap. 298—299.
Boundaries.
Commissioners'
line.
To construct
and maintain
docks and
wharves,
lay out streets,
&c.
Proviso.
Powers and
liabilities.
Real and per-
sonal estate
not exceeding
$200,000.
Chap299.
Penalty when
cashier or clerk,
&c., refuses or
neglects to
make returns,
or makes false
return, concern-
ing shares held,
&c.
Stat. 1843, eh.
98, sec. 2, re-
pealed.
and bounded southerly by the line of the estate of John M.
Forbes and R. B. Foibes; easterly by Border Street; north-
erly by the line of the estate known as Belcher's Wharf;
and westerly by the commissioners' line, so called, in Bos-
ton Harbor, as established by the act "concerning the Har-
bor of Boston," passed the seventeenth day of March, in
the year one thousand eight hundred and forty, with all the
privileges and appurtenances to the same belonging; and
the said corporation may, within the limits aforesaid, con-
struct docks and wharves, and lay vessels within, and at the
ends and sides thereof, and receive dockage and wharfage
therefor; and may erect buildings, and lay out streets and
passage-ways, and improve and manage said property as to
them shall seem expedient : provided, that nothing herein
contained shall authorize said corporation to infringe upon
the legal rights of any person, or to construct any wharf or
wharves below low-water mark, unless the same shall be
built on piles, which piles shall not be nearer to each other
than six feet in the direction of the stream, and eight feet in
a transverse direction.
Section 2. The said corporation shall have all the pow-
ers and privileges, and be subject to all the duties, restric-
tions, and liabilities, set forth in the forty-fourth chapter of
the Revised Statutes.
Section 3. Said corporation may hold real and personal
estate, necessary and convenient for the purpose aforesaid,
not exceeding, in amount, two hundred thousand dollars.
[Approved by the Governor, May 10, 1848.]
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 authority of
the same, as follows :
Section 1. If any cashier or clerk, mentioned in the first
section of an act entitled "An Act for the more equal as-
sessment of taxes," passed on the twenty-fourth day of
March, in the year one thousand eight hundred and forty-
three, shall refuse or neglect to make such returns, or shall
falsify any return which is required therein to be made, he
shall forfeit, for every such ofience, a sum not less than fifty
dollars, nor more than five hundred dollars, to the use of
the city or town in which any shareholder of any corpora-
tion therein mentioned may reside, to be recovered by the
treasurer of such city or town, in any court of competent
jurisdiction.
Section 2. The second section of the act, to which this
is in addition, is hereby repealed. [Approved by the Govern-
or, May 10, 1848.]
I
1848. Chap. 300. 777
An Act to incorporate the Newburyport Health Insurance Company. CTlCLJ) 300.
BE it enacted by the Senate and House of Representa-
tives, in General Court asseinhled^ and by the authority of
the same, as follows :
Section 1. R. S. SpofFord, John Atkinson, A. H. Wildes, Corporators.
their associates and successors, are hereby made a corpora-
tion, by the name of the Newburyport Health Insurance HeaUh insur-
Company, to be established in the town of Newburyport, fn^p^ewbur''^-"^
for the purpose of making assurances upon health, with all port,
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, so far as the same may be applica-
ble to this corporation.
Section 2. The capital stock of said corporation shall Capital stock
not exceed fifty thousand dollars, and shall be divided into $50000^'^^^'*
shares of twenty-five dollars each; and there shall be paid shares g'25.
into the treasury of said corporation by each subscriber to
the capital stock, at the time of subscription, an instalment How to be paid
of five dollars on each share of the stock by him subscribed, '"•
and the remaining twenty dollars on each share so sub-
scribed shall, within thirty days from the time of such
subscription, be secured to be paid, by mortgage on real
estate, or by such endorsed promissory notes as shall be
approved by the directors of said corporation, and shall be
payable in thirty days after demand shall have been made
in some newspaper printed in the town of Newburyport, or,
in case no newspaper is published in Newburyport, then in
some newspaper published in the county of Essex, or the
same may be made payable in regular instalments at stated
periods, at the discretion of the directors.
Section 3. Until four hundred shares have been sub- Subscribers
scribed for, and until the instalments aforesaid shall have sured untn'&c.
been actually paid in, and until the residue of such sub-
scriptions shall have been secured to be paid in the manner
stated, said corporation shall have the power to insure the
health of no persons excepting subscribers to the capital
stock; but, after four hundred shares of said stock shall
have been subscribed for, and paid in, or secured, as re-
quired, the said corporation may exercise all the powers
and privileges conferred by this act.
Section 4. The capital stock of said corporation shall be Capital stock, -
invested, at the discretion of the directors, either in loans ^°^ invested,
secured by mortgages on unincumbered real estate, of the
value of at least fifty per cent, more than the amount lent
thereon, or in stocks of the United States, or of the Common-
wealth of Massachusetts, or of any bank in this Common-
wealth, or in loans to towns. Said corporation may hold Real estate not
real estate, to an amount not exceeding ten thousand dol- ^"jqq^*'^
lars, for the purpose of securing suitable offices for the insti- '
tution.
778
■Chap. 300.
Dividends.
Division of re-
maining profits.
Surplus profits,
over eight per
cent., to be di-
vided among
the insured.
Capital stock
not to be re-
duced.
Unpaid divi-
dends to be ad-
vertised.
Subscribers
may be required
to effect insur-
ance.
Section 5. The directors of said corporation shall, on
the first Monday of June annually, cause a statement to be
made, and a balance to be struck, of the affairs of said cor-
poration ; and if there shall be any ascertained profits, after
paying all the losses and expenses of the year preceding,
and providing for all outstanding risks, they shall first set
apart from said profits, and divide among the stockholders,
a sum not exceeding six per cent, per annum on the amount
of capital stock actually paid in, in proportion to the
amount held by them respectively, if so much remain after
paying said losses and expenses, and after providing for said
risks ; and in case said dividend shall not be paid in any
one year, it may be made good at a subsequent period, when
the net resources of the corporation shall be suflScient for
the purpose.
Section 6. After providing for risks, losses, and incident-
al expenses, and dividends, as is set forth in the preceding
section, one half of the remaining profits, if any there be,
shall be reserved by the directors, and applied toward the
payment of the capital stock which shall have been sub-
scribed before the striking of the balance of the affairs of
said corporation as aforesaid ; and the other moiety of said
remaining profits may be divided among the stockholders
and the insured, one half among the stockholders, the other
half among the insured : provided^ however^ that said annual
dividends, applications of payments on capital stock, and
divisions of profits among the stockholders, shall never ex-
ceed eight per cent, per annum on the capital stock already
paid in; but such surplus of profits over eight per cent., if
any, shall be divided among the insured. But no dividend
whatever shall be made whereby the capital stock of said
corporation, subscribed for and paid in, shall be reduced or
impaired.
Section 7. All dividends remaining unpaid more than
one year after the same have been declared, shall be adver-
tised, by publishing the amount thereof, and the names of
the persons entided thereto, for at least three weeks, in some
newspaper published in Newburyport, or, in case no news-
paper is published in Newburyport, then in some newspaper
published in the county of Essex; and if said dividends
shall not be called for within one year from the date of such
advertisement, they shall be forfeited to the corporation.
Section 8. The directors shall have power to require
every person, subscribing to the stock of the corporation, to
effect insurance therein, either upon his own health, or upon
the health of some other person, for such length of time as
they shall prescribe ; and every person, effecting insurance
in said corporation, shall have the privilege of subscribing
for at least one share of said stock, until the whole number
of shares authorized by this act shall be taken up ; but in-
1848. Chap. 300—301. 779
siirance may be made, and risks'taken, by said corporation,
at the request of applicants, without their becoming stock-
holders.
Section 9. Suits at law may be maintained by an y Suits by any
stockholder, or person insured, against said corporation, for a'^aitst''cor' o-
losses or damage insured against by them, if payment shall ration.
be withheld more than thirty days after the same shall be
due and payable by the terms of the policy of insurance,
and after said corporation shall have been duly notified of
such loss or damage ; and no stockholder, or person insured, witnesses,
not being in his individual capacity a party to such suit,
shall be deemed incompetent as a witness.
Section 10. On some day, within the first thirty days Baiance-state-
after the expiration of two years from the time when the "^^"' °^ ^/'*'''*
. , 111- t ■ n 1- 1 • 1 • , to be made
said company shall issue their first pohcy, and within the periodically,
first thirty days after the expiration of every subsequent containing—
period of three years, the directors of said company shall
cause to be made a general balance-statement of the affairs
of said company, which shall be entered in a book pre-
pared for that purpose. Such statement shall contain, first, i. Amount of
the amount of premiums received during said period, and P'''^™'"'"*^"'^
the amount of interest received from investments and loans;
second, the amount of the expenses of said company dur- 2. Amount of
ing the same period; third, the amount of losses incurred ^^^Amount of
within said term; fourth, the balance remaining with said losses;
company; fifth, the nature of the securities in which the hkn^^'^°*^^ "'^
said balance is invested, and the amount of cash on hand, 5. Kind of se-
and an account of the existing policies. The president of cunues and cash
1 1 11 • 1 • 1 • 1 <- 1 o" hand.
the company shall, within thirty days alter said statement ,,
1 1 J ^ -.. ^^ c ■ J J .. Copy to be sent
is completed, transmit a copy thereoi, signed and sworn to to secretary of
by the president and a maiority of the directors, and also CommonweaUh,
a, *u : * -^ . * .1, . ^ to be laid be-
by the treasurer, actnary, or secretary, to the secretary oi fore the legisia-
the Commonwealth, to be by him laid before the legislature, t^fe.
Section 11. Nothing contained in this act shall be so Company not
construed as to authorize said company to engage in life fo engage in life
, . -^ ■' Til msurance.
insurance, or in any thing save assurance upon health ; nor ^ioooniyona
is it permitted to insure more than four hundred dollars per single risk.
annum on any one risk. [Approved by the Governor^ May
10, 1848.]
An Act granting aid to County Associations of Teachers and others. Chfin SOI
BE it enacted by the Senate and House of Representa- •
fives, in General Court assembled, and by the authority of
the same, asfolloivs :
Section 1. Whenever a county association of teachers County associa-
and others, which has been or may be formed, shall hold ^'°" «[ teachers
, . r 11 T 1 /> 3'"' Others,
semi-annual meetings, of not less than two days each, for holding semi-
the express purpose of promotino; the interests of common annual meet-
• . in£fs eiililled to
schools, such association shall be entitled to receive fifty ^SoVrom the
dollars a year from the state. ^'^'e-
780
1848.-
-Chap. 301—302.
Governor, when
to draw his
Chap 302.
Corporators.
Health Insur-
ance Company
in Haverhill.
Proviso.
Capital stock
not to exceed
^50,000;
shares, ^25,
How to be paid
or secured.
Subscribers
only to be in-
sured until 400
shares are sub-
scribed, &c.
Section 2. In pursuance of the provisions of the first
section of this act, when the president and secretary of the
association shall, under oath, have certified to the governor
that two semi-annual meetings have been held, as afore-
said, he is hereby authorized to draw his warrant, in favor
of said association, on the treasurer of the Commonwealth,
for the sum of fifty dollars.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor., May 10, 1848.]
An Act to incorporate the Haverhill Health 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 :
Section 1. Caleb Hersey, Thomas M. Hayes, Hazen
Morse, their associates and successors, are hereby made a
corporation, by the name of the Haverhill Health Insur-
ance Company, to be established in the town of Haverhill,
for the purpose of making assurances upon health, with
all the powers and privileges, and subject to all the duties
and liabilities, contained in the forty-fourth chapter of the
Revised Statutes, so far as the same may be applicable to
this corporation: provided, however, that the terms and
conditions of its policies shall be approved by the governor
and council.
Section 2. The capital stock of said corporation shall
not exceed fifty thousand dollars, and shall be divided into
shares of twenty-five dollars each ; and there shall be paid
into the treasury of said corporation, by each subscriber to
the capital stock, at the time of subscription, an instalment
of five dollars on each share of the stock by him subscribed ;
and the remaining twenty dollars on each share so sub-
scribed shall, within thirty days from the time of said sub-
scription, be secured to be paid, either by mortgage on real
estate, or by such endorsed promissory notes as shall be
approved by the directors of said corporation, and shall be
payable in thirty days after a demand shall have been
made in some newspaper published in the county of Essex,
or the same may be made payable in regular instalments
at stated periods, at the discretion of the directors.
Section 3. The said corporation shall have power to
insure the health of such persons only as are or may be-
come subscribers to the capital stock, until four hundred
shares have been subscribed for, and the instalment afore-
said has been actually paid in, and the residue of such
subscriptions has been secured to be paid in the manner
stated ; but, after the said four hundred shares of said stock
shall have been subscribed for, and paid in, or secured, as
required, the said corporation may exercise all the powers
and privileges conferred by this act.
1848. Chap. 302. 781
Section 4. The capital stock of this corporation shall investment of
be invested, at the discretion of the directors, either in loans ^^°'^^-
upon bonds and mortgages on unincumbered real estate, of
the vakie of at least fifty per cent, more than the amount lent
thereon, or in stocks of the United States, or of the Common-
wealth o[ Massachusetts, or of any city, or of any bank in
this Commonwealth, or in loans to towns in this Common-
wealth. The said corporation may hold real estate to an Real estate,
amount not exceeding ten thousand dollars, for the purpose
of securing suitable offices for the institution.
Section 5. The directors of said corporation shall, on Dividends,
the first Monday of June annually, cause a statement to
be made, and a balance to be struck, of the affairs of said
corporation ; and if there shall be any ascertained profits,
after paying all losses and expenses of the year preceding,
and providing for outstanding risks, they shall first set apart
from said profits, and divide among the stockholders, a sum
not exceeding an interest of six per cent, per annum on the
amount of capital stock actually paid in, on the stock held
by them, if so much remain after paying said losses and
expenses, and providing for said risks; and in case of said
dividend not being paid in any one year, it may be made
good at a subsequent period, when the net resources of the
corporation shall be sufficient for the purpose.
Section 6. After providing for risks, losses, incidental Division of re-
expenses, and dividends, as specified in the preceding '"^'n'fg profits,
section, one half of the remaining profits, if any there be,
shall be reserved by the directors and applied towards tlie
payment of the capital stock which shall have been sub-
scribed before the striking of the balance of the affairs of
said corporation, as aforesaid ; and the other moiety of said
remaining profits may be divided among the stockholders
and the insured, one half among the stockholders, the other
half among the insured : provided, however, that said annual Surplus profits
dividends, applications of payments on capital stock, and rY^nP^d^^j"''
division of profits among stockholders, shall never exceed among the in-
eight per cent, per annum on the capital stock actually paid *"''^'*-
in ; but such surplus of profits over eight per cent., if any,
shall be divided among the insured. But no dividend what-
ever shall be made, whereby the capital stock of said cor-
poration, subscribed for and paid in, shall be reduced or
impaired.
Section 7. All dividends remaining unpaid more than Unpaid divi-
one year after the same have been declared, shall be adver- dends tobe
tised, by publishing the amount thereof, and the names of ^ vense .
the persons entitled thereto, for at least three weeks, in
some newspaper published in the county of Essex; and,
if not called for within one year from the date of such an
advertisement, they shall be forfeited to said corporation.
100
782 - 1848. Chap. 302.
Subscribers SECTION 8. The directors shall have power to require
toYffecu'^'ur-^ every person subscribing to the stock of said corporation, to
ance, &c. effect insurance therein, either upon his own health or
upon the health of some other person, for such length of
time as they shall prescribe; and every person effecting
insurance in said corporation shall have the privilege of
subscribing for at least one share of said stock, until the
whole number of shares, authorized by this act, shall be
taken up. But insurances may be made and risks taken,
by said corporation, at the request of applicants, without
their becoming stockholders.
Stockholders SECTION 9. Suits at Jaw may be maintained by any
ra^jon"^ '^*"^^°' Stockholder, or person insured, against said corporation, for
losses or damages insured against by them, if payment
shall be withheld more than thirty days after the same
shall be due and payable by the terms of the policy of in-
surance, and after the said corporation shall have been duly
Witnesses. notified of such loss or damage ; and no stockholder, or
person insured, not being in his individual capacity a party
to such suit, shall be deemed incompetent as a witness.
Balance-state- SECTION 10. On some day within the first thirty days
kaily cont*afn- ^•^ter the expiration of two years from the time when the
ing— ' said company shall issue their first policy, and within the
first thirty days after the expiration of every subsequent
period of three years, the directors of said company shall
cause to be made a general balance-statement of the affairs
of said company, which shall be entered in a book pre-
1. Amount of pared for such purpose. Such statement shall contain, first,
EueTe'st?^^" the amount of premiums received during the said period,
and the amount of interest received from investments and
2. Amount of loaus ; secoud, the amount of expenses of the said com-
expenses. pauy during the same period ; third, the amount of losses
4.' Balance re- incurred withiu said term; fourth, the balance remaining
mainhig. with Said Company; fifth, the nature of the security in
ciirities, cash on wliicli the Said balance is invested, the amount of cash on
hand, &c. hand, and some account of the existing policies. The
to*secre°iary^of president of the company shall, within thirty days after
Commonwealth said Statement is completed, transmit a copy thereof, signed
ture. ^ ®^'*^' and sworn to by the president and a majority of the direct-
ors, and also by the treasurer, actuary, or secretary, to the
secretary of the Commonwealth, to be by him laid before
the legislature.
Nottoinsura SECTION 11. Nothing Contained in this act shall be so
on ives. construed, as to authorize said company to engage in life
S400peran. insurance, or any thing save assurance upon health; nor
^ngie°r&,°°* is it permitted to insure more than four hundred dollars per
annum on any one risk.
Section 12. This act shall take effect from and after its
passage. [Approved by the Governor, May 10, 1848.]
1848. Chap. 303. 783
Aa Act to incorporate the Springfield Aqueduct Company. Chap 303.
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as folloiDS :
Section 1. Charles Stearns, Festus Stebbins, George Corporators.
Hastings, tlieir associates and successors, are hereby made
a corporation, by the name of the Springfield Aqueduct sprfn|fiefd
Company, for the purpose of supplying the village of wiih pure water.
Springfield with pure water.
Section 2. Said corporation may hold real and personal Estate, real and
„ , c ■ ^ ^ i / J personal, not
estate, for the purpose aioresaid, to an amount not exceed.- exceeding
ing fifty thousand dollars, with all the powers and privi- ,g50,ooo.
leges, and subject to all the duties, restrictions, and liabili-
ties, set forth in the thirty-eighth and forty-fourth chapters .__
of the Revised Statutes.
Section 3. Said corporation may take and hold the sev- May take and
eral springs of water owned by Charles Stearns on the spring^"
tenth day of April, in the year one thousand eight hundred
and forty-eight, situated northerly of the Western Railroad,
being four in number, and not including the springs on
North, or End Brook, so called; and may collect and con- and convey in
vey the water of said several springs, in logs or pipes, in P'^^'"
the nearest and most convenient routes for the same, into
one main pipe northerly of the Western Railroad, uniting
the same with such main pipe at no point more westerly
than that where the pipe from the Hayward spring or res-
ervoir unites with the main pipe of said Stearns, and for
this purpose may take such rights in any lands as may be
necessary therefor. But no pipe shall be laid or maintained Proviso.
upon the lands taken and held by said Western Railroad
Corporation, for their road, without their consent ; and all All damages to
damages sustained by any person, by taking the water of ^^J^^^^orTo
any of said springs and conveying the same into said main be ascertained,
pipe, shall be paid by said aqueduct corporation ; and if not J^f^j^^j takeT
agreed upon by the parties, shall be ascertained, determined, for highways,
and recovered, in the manner now provided by law in case
of lands taken for highways ; and said corporation shall,
within sixty days from the passage of this act, file, in the
office of the registry of deeds of the county of Hampden, a
description of the springs, lands, and rights, so taken, as Description of
certain as is required in a common conveyance of lands, ^""f''be°fi']e'ji
and a statement of the purposes for which the same are in registry of
taken, signed by the president of said corporation. *^^®^^-
Section 4. Said corporation may convey said water, in Reservoirs and
logs or pipes, from the junction of the water of said sev- hydi-ants.
eral springs with said main pipe, and distribute the same
throughout the village of Springfield, and may make reser-
voirs and hydrants, and may estabUsh and collect rents Rents,
therefor, taking, by purchase only, any lands or rights
784
1848.-
-Chap. 303.
Roads or ways
to be dug up,
by written li-
cense of select-
If selectmen
refuse license,
county commis-
sioners may be
applied to, and
may grant li-
cense.
Liability to
town on indict-
ment, and to
individuals for
damages.
Duty of corpo-
ration in refer-
ence to fire.
necessary and convenient for such distribution, and for said
reservoirs and hydrants.
Section 5. For the purpose of so distributing said water
throughout the village of Springfield, and making hydrants
therefor, the said corporation may enter upon and dig up
any public road or way, and lay their logs or pipes therein,
under the direction, and by the written license, of the select-
men of Springfield, given at a meeting of the board, specify-
ing each road or way, and the part thereof, so to be dug up,
the manner of doing the same, and the time within which
the same shall be done, not exceeding one year from the
date of such license; and said work shall be done so as
to cause the least hindrance to the travel on said roads or
ways, and the least inconvenience to private individuals ;
and they shall restore the said roads or ways to as good a
condition as they were previously in, without unreasonable
delay.
Section 6. If the selectmen of Springfield shall unrea-
sonably refuse or neglect to grant any such license to said
corporation, upon a written petilion therefor, the said cor-
poration may apply for such license to the county commis-
sioners of the county of Hampden, first giving not less than
seven days previous notice in writing, to a majority of said
selectmen, of their intended application, so that they may
appear, if they see fit, and object thereto. And if, on such
application, it shall appear, that said selectmen did unrea-
sonably refuse or neglect to grant any such license, the said
commissioners may, if they see fit, grant the same, in the
manner, and on the terms, in which the selectmen are
herein authorized to grant such license.
Section 7. Said corporation shall be liable to indemnify
said town of Springfield against any indictment or claim
for damages, or any costs or payments iherefor, and also
any individuals for injuries or damages sustained by them
on account of any defects of said roads or ways, or any
obstructions therein, caused by the acts or neglect of said
corporation or their servants. The same to be recovered in
an action on the case against said corporation.
Section 8. Upon the written request of the selectmen of
Springfield, or the officers of any fire-district therein, the
said corporation shall put conductors into their pipes suita-
ble for drawing water thereby, to be used in case of fires,
and shall permit as much water to be used thereby, free of
expense, when any building in said town shall be on fire,
as may be required in extinguishing the same, and said
town or fire-district requesting the same shall be liable to
pay all the expenses of such fixtures. And if said corpo-
ration shall unreasonably neglect or refuse to make such
conductors, with the proper fixtures, the said town or fire-
district may, at their own expense, make such conductors
1848. Chap. 303— 304. 785
and fixtures, to be used in the same manner as if made by-
said corporation.
Section 9. If any person shall wilfully and maliciously Penally for
defile or corrupt the water of any of said springs or aque- Z^prollliy^^F
ducts, or shall wilfully and maliciously injure or destroy corporation.
any pipe thereof, or any other fixture of the same, he shall
forfeit and pay, to said corporation, to be recovered by an
action on the case, treble the amount of damages which
shall appear, on the trial, to be sustained by said corpora-
tion, and may be further punishable by a fine not exceed- Fine or im-
ing one thousand dollars, or by imprisonment in the county P^^^"™^"*-
jail not exceeding one year.
Section 10. The board of health of the town of Spring- Right of board
- , 1 . .• ^ xi J. r -J ot health to
field may, at any time, enter upon the property oi said examine
corporation, and examine the said springs, reservoirs, and springs, &c.
any streams of water connected therewith; and if they
shall deem the same impure or unhealthy, they may direct
such alterations, repairs and constructions therein, as they
may judge necessary to make and preserve said water suffi-
ciently pure for the health of the persons using the same ;
and if the said corporation, upon being duly notified in
writing of such directions of the board of health, shall
unreasonably refuse or neglect to comply with the same,
the said board of health may cause such alterations, re-
pairs, and constructions, or any parts thereof, to be made,
and may recover all expenses thereof from said corporation,
in any suit at law.
Section 11. This act shall take effect from and after its
passage. [Approved by the Governor^ May 10, 1848.]
An Act in addition to the several Acts for the Eelief of Insolvent Debtors, QfiClV 304.
and the more equal Distribution of their Effects. *
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the aulliority of
the same^ as follows :
Section 1. The governor, with the advice and consent of Governor and
the council, shall appoint and commission some suitable p^""j''!^ p°j^P"ig_
person, in each county, to be a commissioner of insolvency, sioner of insoi-
in the county for which he is appointed, who shall hold his co"nfy"^^^**
office for the term of seven years, unless sooner removed by Official term,
the governor and council. '^''*" ^^"'•
Section 2. Said commissioners, before entering upon the To be sworn,
duties of their office, shall take and subscribe the oaths or
affirmations required to. be taken by persons appointed to
civil office by the governor, with the advice and consent of
the council, under the constitution and laws of the Com-
monwealth.
Section 3. Said commissioners shall have and exercise g^^^ jurisdic
all the jurisdiction, power, and authority, that judges of pro- tion as masters
bate and masters in chancery now have and exercise, under >n chancejy, &c.
786
1848.-
-Chap. 304.
Court of insol-
vency to be
held in each
county, on the
first Tuesday
of each month.
When commis.
sioner is inter-
ested, judge of
probate to act.
All fees to be
accounted for to
state treasurer
annually; excess
over $1500 to
be paid into
state treasury.
Return of war-
rants.
Fees for travel
same as those of
justices of the
peace.
Schedule of
creditors.
Written notice
to each, of lime
and place of
meeting, &c.
and by virtue of the several acts to which this act is in ad-
dition ; and all the provisions, in said several acts contained,
shall apply, in like manner, to said commissioners, respect-
ively, as they apply to judges of probate and masters in
chancery, except so far as said provisions, or any of them,
may be by this act modified or repealed.
Section 4. Said commissioners shall hold a court of in-
solvency in their respective counties, at the shire towns
thereof, on the first Tuesday of every month, and at such
other times and places, within their respective counties, as
they may severally appoint, at which said courts the like
proceedings may be had as provided, by the several acts
to which this act is in addition, in relation to meetings ap-
pointed by judges of probate and masters in chancery. In
case the commissioner shall be interested in any question
pending before him, it shall be the duty of the clerk to
make a certificate of such fact in the record of the case ;
and thereupon, the judge of probate for the same county
shall have jurisdiction of the case in which such question
may have arisen ; and shall hear and determine the same ;
and shall receive such compensation therefor, as said com-
missioner would have received for the like services.
Section 5. The said commissioners shall severally, on
or before the first Wednesday of January, of each year,
render, to the treasurer of the Commonwealth, a true and
just account of all fees received by them respectively; and
if the fees, so received by any commissioner, except the
travelling fees, as hereinafter provided, shall exceed the sum
of fifteen hundred dollars, the excess shall be accounted for,
and paid by said commissioners into the treasury of the
Commonwealth.
Section 6. All warrants shall be returnable at any time
not less than ten nor more than sixty days from the issuing
of the same.
Section 7. Each commissioner shall receive, for travel in
the performance of any official duty under this act, the
same fees that are now prescribed by law for justices of the
peace, in the discharge of their official duties.
Section 8. The schedule of creditors, heretofore required
by law to be produced by an insolvent debtor, at the first
meeting of his creditors, shall be presented by him to the
messenger within three days after the date of the warrant,
and the messenger shall return the same at the first meet-
ing ; and the messenger, in addition to the publications now
required by law, shall send written notice, to the creditors
named on the said schedule, of the time and place of the
first meeting of the creditors of such insolvent debtor ; and
whenever it shall appear to the commissioner that such
notice has not been giv€n, he shall forthwith adjourn the
1848. Chap. 304, 787
meeting, to the end that the foregoing requisition may be
complied with.
Section 9. No insolvent debtor, whose assets do not pay No debtor to be
fifty per cent, of the claims proved against his estate, shall discharged
receive a discharge under this act, or the acts to v/hich this pa^y^iesrthln
is in addition, unless a majority in number and value of so'per cent.,
his creditors, who have proved their claims, shall assent ""'^ss, &c.
thereto, in writing, within six months after the date of the
assignment ; and in no case shall a certificate of discharge
be granted until the third meeting of the creditors of such No discharge
debtor, nor at any time, except at a meeting of the creditors ; P"^'' 3d meei-
and such discharge shall be null and void if the debtor, or ^^i^endis-
any person in his behalf, shall have procured the assent of charge siiaii be
any creditor thereto, by any pecuniary consideration. '*'°'*^-
Section 10. No discharge of an insolvent debtor, under No discharge
this act and the acts to which this is in addition, shall bar ^''^^ ^ar ciajm
dr ■ r -ij^ iii,^ ii_- lor necessaries,
aim tor necessaries lurnished to such debtor, or to his unless, &c.
family, unless such claim shall have been proved against
his estate.
Section 11. The assignee, or assignees, of any in sol- ^ppgai allowed
vent debtor, may appeal from the decision of the commis- from decision of
sioner, granting a certificate of discharge to such insolvent ''^^'"'"'ssioner.
debtor; and the like proceedings shall be had, as in the case
of an appeal by the insolvent debtor whose discharge has
been refused.
Section 12. Whenever it shall appear to any commis- -when commis-
sioner, upon the complaint of any person interested in any sioner may re-
insolvent estate pending before the said commissioner, that the ^^^^^'
assignee of such estate has fraudulently received, concealed,
embezzled, or conveyed away, any of the money, goods,
eff"ects. or other estate, of the insolvent debtor, or has been
interested in any suit at law in relation to the said estate,
for the purpose of securing to himself a preference or prior-
ity over the other creditors, or has in his possession or con-
trol any portion of the said estate, with the intent to appro-
priate the same unlawfully to his own use, or has been
guilty of any fraudulent act in relation to the said estate, it
shall be lawful for the said commissioner, after due notice,
to remove the said assignee, and appoint another in his May appoint
place, who shall have the same powers that are now con- another,
ferred upon the assignees of insolvent estates by the law of
this Commonwealth, and all the estate of the insolvent debtor
shall vest in the new assignee so appointed ; and, in all
cases, the commissioner may require the assignee of any
insolvent case pending before him, to give good and sufii- Bonds may be
cient bonds for the faithful performance and discharge of his required.
duty.
Section 13. Whenever any creditor of an insolvent es- 'When commis-
tate, who has proved his debt, shall present his petition to sioner mayor-
788
1848.-
"Chap. 304.
der proceedings
to be vacated.
Oath of creditor
before allow-
ance of claim.
When oath
may be taken
before a justice
of the peace.
When commis-
sioner may or-
der any part of
insolvent prop-
erly to be sold
before appoint-
ment of as-
signee.
Acts and parts
of acts repealed.
Cases pending,
not affected.
the commissioner before whom such estate is pending, re-
questing a stay of the proceedings, it shall be lawful for the
said commissioner, after due notice to all persons interested
in the estate, and a hearing of the matter, to pass an order,
vacating all the proceedings in the case : i^rovided^ that no
objection is made by such insolvent debtor, or by any cred-
itor who shall have proved his debt.
Section 14. No debt shall be proved or allowed against
any insolvent estate, unless the creditor shall make oath to
the validity of the claim, which oath shall be in substance
as follows, namely : — I, , do swear that , of
, by (or against,) whom proceedings in insolvency
have been instituted, at and before the date of such proceed-
ings was, and still is, justly and truly indebted to me in the
sum of , for which sum, or any part thereof, I have not,
nor has any other person to my use, to my knowledge or
belief, received any security or satisfaction whatever, be-
yond what has been disposed of agreeably to law. And I
do further swear, that the said claim was not procured by
me for the purpose of influencing the proceedings in this
case. Said oatli may be administered by any justice of the
peace, where the creditor resides more than five miles from
the place of meeting of the crediiors.
Section 15. Whenever it shall appear, to the satisfaction
of any commissioner who has issued a warrant to take pos-
session of the estate of an insolvent debtor, that such estate,
or any part thereof, is of a perishable nature, or likely to
deteriorate in value before an assignee can be legally ap-
pointed, the commissioner may order the same to be sold
in such manner as he may deem expedient, under the direc-
tion of the messenger, who shall hold the funds received,
in the place of the estate so disposed of
Section 16. The fourth section of the one hundred and
seventy-eighth chapter of the statutes of the year one
thousand eight hundred and forty -four, and so much of the
several acts, to which this act is in addition, as gives juris-
diction to judges of probate and masters in chancery, in
cases of insolvency, and all other provisions in said several
acts, inconsistent with the provisions of this act, are hereby
repealed.
Section 17. This act shall not affect any case in insol-
vency now commenced, or that shall be hereafter com-
menced before this act shall take effect ; and the judge of
probate or master in chancery, before whom any such cases
may be pending at the time this act shall take effect, shall
have the same jurisdiction, power, and authority, in respect
to them, as they now have. \Aipr)roved by the Governor.
May 10, 1848.]
1848. Chap. 305—307. 789
• An Act concerning the State Reform School. Ch(ip30b»
BE it enacted by the Se?iate and House of Representa-
tives^ in General Court asse?}ibled, and by the author ity of
the same, as follows :
Section 1. The trustees of the state reform school, for The trustees of
the time being, shall be a corporation, by the name of the l^'coTpomionJ'^
Trustees of the State Reform School, for the purpose of lohoidin trus't
taking and holding, to themselves and their successors, in 'tfo"fs'''&°"%r
trust for the Commonwealth, any grant or devise of lands, theComm'on-
and any donation or bequest of money, or other personal w«^^'^^-
property, which has been, or may hereafter be, made for the
use of said institution; and for the purpose of preserving
and investing the proceeds of any such grant, devise, dona-
tion, or bequest, in notes or bonds secured by good and suffi-
cient mortgages, or in other securieties : with all the powers
necessary to carry into effect the purposes aforesaid.
Section 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 10, 1848.]
An Act to establish a Fire Department in the Town of Lawrence. Chdp 306.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. A fire department is hereby established in the Fire department
town of Lawrence, subject to, and to be governed by, the '" Lawrence,
provisions of the act entitled " An Act to regulate Fire
Departments," passed on the ninth day of April, in the year
one thousand eight hundred and thirty-nine.
Section 2. The selectmen of the town of Lawrence may. Power of seiect-
at any time within three months after the passage of this Engineers ^S-
act, appoint engineers for their fire department, who shall for.
hold their offices, with the approbation of said selectmen,
until the first day of May next, and until others are ap-
pointed in their stead.
Section 3. This act shall take effect from and after its
passage. [Approved by the Governor, May 10, 1848. J
An Act to incorporate the Troy and Greenfield Railroad Company. ClldP 307.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section L George Grennell, Roger H. Leavitt, Samuel Corporators.
H. Reed, their associates and successors, are hereby made a
corporation, by the name of the Troy and Greenfield Rail-
road Company, with all the powers and privileges, and
subject to all the duties, liabilities, and restrictions, set forth
in the forty-fourth chapter of the Revised Stauites, and in
that part of the thirty-ninth chapter thereof relating to rail-
road corporations, and in other general laws which have
101
790
1848.-
-Chap. 307.
Railroad from
Greenfield to
western line of
the state.
To unite with
Vermont and
Mass. R. R.
and the Conn,
River R. R. i,
Greenfield.
been, or shall be hereafter passed, relative to railroad corpo-
rations.
Section 2. Said company are hereby authorized to
locate, construct, and maintain, a railroad, with one or more
tracks, from some convenient point on the Vermont and
Massachusetts Railroad, at or near the termination of said
railroad in Greenfield, through any or all of the following
towns, viz : — Greenfield, Deerfield, Conway, Shelburne,
Buckland, Colerain, Charlemont, Hawley, Rowe, and Mon-
roe, in the county of Franklin, and Savoy, Florida, Adams,
Clarksburg, and Williamstown, in the county of Berkshire,
to some point on the line of the state of New York or of
Vermont, convenient to meet, or connect with, any railroad
that may be constructed from any point at or near the city
of Troy, on the Hudson River, in the state of New York.
Section 3. Tlie said company may, with their railroad,
unite with, and enter upon, the Vermont and Massachusetts
Railroad, at or near the termination thereof, as aforesaid,
and may likewise enter upon, cross, and use, the railroad of
the Connecticut River Railroad Company, in and near the
town of Greenfield, (not, however, interfering with the
depot buildings of either of said companies,) on such terms
as may be agreed upon between the corporation hereby
created and the aforesaid companies respectively, or as may
be prescribed by law.
Section 4. The capital stock of the said company shall
consist of not more than thirty-five thousand shares, the num-
ber of which shall, from time to time, be determined by the
directors thereof; and no assessment shall be laid of a
greater amount thereon, in the whole, than one hundred
dollars on each share. And the said company may pur-
chase and hold such real and personal estate as may be
necessary for the purposes of their incorporation.
Section 5. If the location of said road shall not be filed
within two years, in the manner prescribed by law, or if
the said railroad shall not be constructed within seven years
from the passage of this act, then the same shall be void.
Section 6. The legislature may authorize any railroad
company to enter, with their railroad, upon the Troy and
enter upon,'&c. Greenfield railroad, on such terms as may be agreed upon
by said companies, or as may be prescribed by the provis-
ions of law.
Section T. The legislature may, after the expiration of
five years from the time when sucli railroad shall be opened
for use, from time to time, alter and reduce the rate of toll,
or profits, upon said road ; but said toll shall not be so re-
duced, without the consent of said company, as to produce,
with said profits, less than ten per cent, per annum, upon
the investments of the said company.
Corporation SECTION 8. The Said Corporation may contract with the
may contract ^ - ''
Capital stock
not to exceed
§3,500,000 ;
shares $100.
Estate real and
personal.
Location in two
years, comple-
tion in seven
years.
Any other rail-
road may be
authorized to
Legislature may
reduce tolls.
1848. Chap. 307—308. 791
owners of any contiguous railroad leading into or from wiih owners of
either of the states of Vermont or New York, for the use of ^ZoXZ'g
the whole or any part thereof, or for the running and opera- imoorfrom
ting the two railroads conjointly, or for the leasing of such Jle^Yo'rkfor
contiguous road, or for the letting or hiring of their own the use, &c.
road to the owners of such contiguous road, or of any other
road which composes a part of the railroad line between the
cities of Boston and Troy, of which the railroad hereby
authorized shall be a part.
Section 9. The Troy and Greenfield Railroad Company Shall purchase
shall, within one year after the opening of their road for |'ie lease of
' •' - r- T 1 1 transportation
use, purchase and take an assignment ot the lease and con- between the w.
tract of transportation, made and executed between the ^^ifa^^th"'^*'
Western Railroad Corporation and the Pittsfield and North North Adams
Adams Railroad Corporation, on the thirtieth day of Jan- R- R-Corpora-
uary, in the year one thousand eight hundred and forty-six ;
and shall have all the advantages, and assume all the lia-
bilities, accruing under and by virtue of said lease : provi- Proviso.
(led, that the said Western Railroad Corporation shall per-
form their covenants in said lease, to keep said road, and
other property therewith connected, in repair, until such as-
signment; and shall, within six months after the said Troy
and Greenfield Railroad Company shall have filed the loca-
tion of their road, according to law, and shall have raised,
by subscription, one million of dollars, for the construction
of the same, signify, in writing, their election to make such
assignment : and pj^ovided, that, at the time of such assign- Proviso.
ment, there shall be secured to said Western Railroad Cor-
poration, by a proper instrument, a lien or mortgage upon
all their rights in said Pittsfield and North Adams railroad,
as collateral security for the performance of all the obliga-
tions of said corporation, contained in said lease and con-
tract of transportation : ajid jjrovided also, that, after the Proviso.
completion of the said Troy and Greenfield railroad, the
said Western Railroad Corporation shall assign and convey,
to the said Troy and Greenfield Railroad Company, the said
contract of transportation, according to the terms of this
section, if the said Troy and Greenfield Railroad Company
shall so elect.
Section 10. This act shall take effect from and after its
passage. [App7oved by the Governor, May 10, 1848.J
An Act relating to Ballast in the City of Boston. CAfloSOS.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The city council of the city of Boston are Power of city
hereby authorized to establish any ordinances and regula- fa""" he ukm?'
tions respecting the weighing and marking of lighters, and ofbaiiast.
other vessels employed in the transportation of stones,
792
1848.-
-Chap. 308—310.
gravel, sand, or other ballast, and for the inspection and
weighing, such ballast within the city of Boston, including
the appointment and compensation of weighers, markers,
inspectors, or other officers necessary to carry such ordinan-
ces and regulations into effect, as they may deem expedi-
Penaities. ent, and may affix penalties for the breach thereof, not ex-
ceeding those provided in the thirty-first chapter of the
Revised Statutes.
R.s. ch. 31st, Section 2. The adoption of any such ordinance, or reg-
how far super- ulatiou, shall Supersede the provisions of the aforesaid thirty-
^^ ^ ■ first chapter of the Revised Statutes within said city, so far
as the same shall be inconsistent with, or repugnant to, said
provisions. [Approved by the Governor, May 10, 1848. J
ChapSO^.
Where no ad-
ministration on
estate for 20
years, on prop-
erty first com-
ing to light af-
ter that period,
administration
may be granted
within five
years.
Proviso.
Chap 510.
Where annuity
is granted by
■will, annuitant
entitled to de-
mand the same
on death of tes-
tator,unless oth-
erwise provided
in will.
An Act to authorize the granting of Administration upon the Estates of
Persons Deceased Intestate in certain cases.
BE it enacted by the Senate and House of Represenia-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Whenever no administration shall have been
taken on the estate of any person deceased intestate, within
twenty years after his decease, if any property, real or per-
sonal, shall accrue to said estate, or, belonging to said estate,
shall come to the knowledge of any person interested in
said estate, for the first time, after the lapse of said twenty
years, then original administration may be granted as in
other cases, at any time within five years next after the said
property shall so have accrued or come to knowledge. But
such administration shall affect such property only as shall
so have accrued or come to knowledge after the lapse of
said twenty years.
Section 2. This act shall take effect from and after its
passage. [Approved by the Govertior, May 10, 1848.]
An Act in relation to the Payinent of Annuities.
BE it enacted by the Senate and House of Representa-
tives, in Ge7ieral Court assembled, and by the authority of
the same, as folloios :
Section 1. Whenever, by any last will and testament, or
any instrument in the nature thereof, an annuity, or the use,
rent, income, or interest of any property, real or personal,
or the income of any fund, is given to, or in trust for the
benefit of, any person for life, or until the happening of a
contingent event, he shall be entitled to demand, receive,
have, and enjoy the same, from and after the decease of the
testator, or person so devising or bequeathing the same,
unless it is otherwise provided in such will or testamentary
instrument, or unless the same shall be required for the pay-
ment of debts, and other allowances having legal preference,
out of the estate of the testator.
1848. Chap. 310—311. 793
Section 2. If any person, so entitled to any such annu- On decease of
ity, rent, interest, or income, shall decease, or if such con- f,""how"appor-"
tingent event shall happen at any intermediate time before tioned.
the termination of a year from the time when the whole of
the annual amount for the preceding year shall have become
due, such annuity, rent, interest, or income, for the then
current year, shall be apportioned, and he and his represent-
atives shall be entitled to receive a proportional part
thereof to the time of his decease, unless it is otherwise pro-
vided in such will or instrument; bat no suit shall be
brought for the recovery of such annuity or interest against
any executor until the expiration of one year after he shall
have assumed his trust by giving bonds. [Apj^roved by the
Governor, May 10, 1848.J
An Act to incorpOTate ihe United States Health Insurance Company. ChovSl 1
BE it enacted by the Senate and Hoiise of Representa-
tives, in General Court assembled, and by the anthoriiy of
the same, as follows :
Section 1, Samuel H. Jenks, Henry A. Scudder, Charles Corporators,
H. White, their associates and successors, are hereby made
a corporation, by the name of The United States Health Unhed states
Insurance Company, to be established in the city of Bos- insurance Com-
. r .1 r 1 • 1 wL. pany in Boston.
ton, tor the purpose of makmg assurances upon health,
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, so far as the same
may be applicable to this corporation : provided, however, Promo,poiic!es
that the terms and conditions of all policies shall be ap- !'' '^^ ^pp'"^^^'^
J 1 I 1 -1 -T by governor
proved by the governor and council. andcouncii.
Section 2. The capital stock of said corporation shall capital stock
not exceed fifty thousand dollars, and shall be divided into not to exceed
shares of twenty-five dollars each ; and there shall be paid, fharefgis,
into the treasury of said corporation, by each subscriber to Howpaidin,
the capital stock, at the time of subscription, an instalment or secured to be
of five dollars on each share of the stock by him subscribed, '^^"^"
and the remaining twenty dollars on each share so sub-
scribed shall, within thirty days from the time of said sub-
scription, be secured to be paid, either by mortgage on real
estate, or by such endorsed promissory notes as shall be
approved by the directors of said corporation, and shall be
payable in thirty days after a demand shall have been made
in two daily newspapers in the city of Boston ; or the same
may be made payable in regular instalments at stated
periods, at the discretion of the directors.
Section 3. The said corporation shall have power to insure Subscribers only
the health of such persons only as are or may become sub- unui^oo" shares
scribers to the capital stock, until four hundred shares have are paid in, &c.
been subscribed for, and the instalment aforesaid has actu-
ally been paid in, and the residue of such subscriptions has
794
1848.-
-Chap. 311.
Capital stock,
how invested.
Real estate.
Dividend of
profits.
Remaining
profits, how ap-
propriated.
Proviso.
Division of
profits, &c.,
never to exceed
8 per cent
annually.
Unpaid divi-
dends to be
advertised.
been secured to be paid in the manner stated ; but, after the
said four hundred shares of said stock have been subscribed
for, and paid in or secured, as required, the said corporation
may exercise all the powers and privileges conferred by this
act.
Section 4. The capital stock of this corporation shall be
invested, at the discretion of the directors, either in loans
upon bonds and mortgages on unincumbered real estate, of
the value of at least fifty per cent, more than the amount
lent thereon, or in stocks of the United States, or of the
Commonwealth of Massachusetts, or of any city, or of any
bank in this Commonwealth, or in loans to towns in this
Commonwealth. The said corporation may hold real
estate, to an amount not exceeding ten thousand dollars, for
the purpose of securing suitable offices for the institution.
Section 5. The directors of said corporation shall, on
the first Monday of June, annually, cause a statement to be
made, and a balance to be struck, of the affairs of said cor-
poration ; and if there shall be any ascertained profits, after
paying all losses and expenses of the year preceding, and
providing for outstanding risks, they shall first set apart
from said profits, and divide among the stockholders, a sum
not exceeding six per cent, per annum on the amount of
capital stock actually paid in, on the stock held by them, if
so much remain after paying said losses and expenses, and
providing for said risks; and in case said dividend shall
not be paid in any one year, it may be made good at a sub-
sequent period, when the net resources of the corporation
shall be sufficient for the purpose.
Section 6. After providing for risks, losses, incidental
expenses, and dividends, as specified in the preceding sec-
tion, one half of the remaining profits, if any there be, shall be
reserved by the directors, and applied towards the payment of
the capital stock which shall have been subscribed before
the striking of the balance of the affairs of said corporation,
as aforesaid, and the other moiety of said remaining profits
may be divided among the stockholders and the insured, one
half among the stockholders, the other half among the in-
sured : provided, however, that said annual dividends, appli-
cations of payments on capital stock, and division of profits
among stockholders, shall never exceed eight per cent, per
annum on the capital stock actually paid in, but such sur-
plus of profits over eight per cent., if any, shall be divided
among the insured; but no dividend whatever shall be
made, whereby the capital stock of said corporation, sub-
scribed for and paid in, shall be reduced or impaired.
Section 7. All dividends remaining unpaid more than
one year after the same have been declared, shall be adver-
tised, by publishing the amount thereof, and the names of
the persons entitled thereto, for at least three weeks, in some
newspaper published in the city of Boston ; and, if not
1848. Chap. 311. 795
called for within one year from the date of such an adver-
tisement, shall be forfeited to said corporation.
Sections. The directors shall have power to require Subscribers
every person, subscribing to the stock of said corporation, {^YfrecUnsuJ-*^
to effect insurance therein, either upon his own health or ance, &c.
upon the health of some other person, for such length of
time as they shall prescribe ; and every person, effecting
insurance in said corporation, shall have the privilege of
subscribing for at least one share of said stock, until the
whole number of shares authorized by this act shall be
taken up ; but insurances may be made, and risks may be
taken, by said corporation, at the request of applicants,
without their becoming stockholders.
Section 9. Suits at law may be maintained by any Suits by stock-
stockholder, or person insured, against said corporation, for holders agamst
' * ^ IT ? corpor3lion«
losses or damages insured against by them, if payment shall
be withheld more than thirty days after the same shall be
due and payable by the terms of the policy of insurance,
and after the said corporation shall have been duly notified
of such loss or damage ; and no stockholder, or person in- Witnesses,
sured, not being, in his individual capacity, a party to such
suit, shall be deemed incompetent as a witness.
Section 10. On some day, within the first thirty days Periodical bai-
after the expiration of two years from the time Avhen the comaUihi^— "
said company shall issue their first policy, and within the
first thirty days after the expiration of every subsequent
period of three years, the directors of said company shall
cause to be made a general balance-statement of the afiairs
of said company, which shall be entered in a book prepared
for such purpose. Such statement shall contain, first, the 1st. Amount of
amount of premiums received during the said period, and P[j^g^g"j'"'* ^"'^
the amount of interest received from investments and loans ; 2d. Amount of
secondly, the amount of expenses of the said company expenses.
T . \l 1 1 • n .1 r 1 ' • 3d. Amount of
durmg the same period ; thirdly, the amount of losses in- losses.
curred within said term ; fourthly, the balance remaining *^''- Pa'ance
with said company; fifthly, the nature of the security in sih. Nature of
which the said balance is invested, the amount of cash on securities and
hand, and some account of the existing policies The pres- *^^*
ident of the company shall, within thirty days after said loThe ^secr^etary
statement is completed, transmit a copy thereof, signed and oftheCommou-
sworn to by the president and a majority of the directors, wi's'iature.'^^
and also by the treasurer, actuary, or secretary, to the sec-
retary of the Commonwealth, to be by him laid before the
legislature.
Section 11. Nothing contained in this act shall be so Not to insure
construed as to authorize said company to engage in life o" ''ves.
insurance, or any thing save assurance upon health; nor is Not more than
it permitted to insure more than four hundred dollars perkooonone
annum on any one risk. "^^'
Section 12. This act shall take effect from and after its
passage. [Approved by ike Gove) nor, May 10, 1848.]
796
1848.-
•Chap. 312—313.
Chap 312.
Name changed
to Peoples'
Mutual Insur-
ance Company.
All property in-
sured after June
30, 184.8, to be
divided into two
classes: — 1. less
hazardous ; 2.
more hazardous.
Policies to de-
note the class.
Proviso.
Funds divided,
&c., according
to class of risks.
Act to be ac-
cepted by the
company.
An Act in addition to an Act to incorporate the Tanners' 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 :
Section 1. The Tanners' Mutual Insurance Company
shall hereafter be called and known by the name of the
Peoples' Mutual Insurance Company.
Section 2. All property insured by said company, from
and after the thirtieth day of June next, shall be divided by
the directors of said company into two distinct and separate
classes. In the first class shall be insured the less hazard-
ous description of property, and in the second class shall be
insured the more hazardous description of property. The
policy of each member of the company shall designate the
class of risks with which he is associated. The premiums
and deposit notes of each class, and the assessments for
which members may become liable, shall be held and as-
sessed to pay the losses occurring in the class to which they
belong, and no other : provided, however, that until property
to the amount of one hundred thousand dollars shall be in-
sured in a separate class, the whole funds of the corporation
shall be held and appropriated, in the manner prescribed in
the thirty-seventh chapter of the Revised Statutes, to satisfy
the claims for losses which any member of the corporation
may be entitled to recover on his policy. The general ex-
penses of the company, not strictly applicable to either class,
shall be apportioned to each class, according to the amount
insured in each.
Section 3. In any division of the funds of the corpora-
tion, and in all returns of premiums and deposits, each mem-
ber shall only be entitled to receive his proportionable part
of the funds belonging to the class of risks with which he
is associated.
Section 4. This act shall not take effect, unless it shall
be accepted by the members of said company, at a meeting
to be called for the purpose. [Approved by the Governor,
May 10, ]848.]
CAop 31 3.
Governor and
council to ap-
point superin-
tendents of alien
passengers.
Oath.
Bonds.
An Act concerning Alien Passengers.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by tlie authority of
the sam,e, as follows :
Section 1. The governor, with the advice and consent
of the council, shall appoint and commission some suitable
person to be superintendent of alien passengers in each city
and town of the Commonwealth, when it may be necessary
for the execution of the provisions herein contained, who,
before entering upon the duties of his office, shall be duly
sworn, and shall give bonds to the state treasurer, with suf-
1848. Chap. 313. 797
ficient sureties for the performance thereof, in such sum as
shall be specified by the governor in his commission, and
who shall hold said office until another shall be appointed,
commissioned, and qualified in his stead; and the superin- Superintendent
tendent shall, from time to time, notify the pilots of the port to give notice to
of the said city or town, of the place or places where the pia°ce of examU
said examination is to be made, and the said pilot shall be nation.
required to anchor all such vessels at the place so appointed,
and shall require said vessels there to remain until such ex-
amination shall be had; and any pilot who shall refuse or Penalty if pilots
neglect to perform the duty imposed upon him by this sec- s"ffer an alien
tion, or who shall, through negligence or design, permit any land bifore ex-
alien passenger to land before such examination shall be aminaiion.
had, shall forfeit to the city or town a sum not less than
fifty, nor more than two thousand dollars.
Section 2. The governor, with the advice and consent Governor and
of the coimcil, shall determine the salary of each superin- council to fix
tendent of alien passengers by him appointed, and shall ^^'
specify the same in his commission : provided^ however^ that Proviso.
such salary shall never exceed the net amount of alien-pas-
senger money received by such superintendent, according to
the provisions of this act.
Section 3. The superintendents of alien passengers shall Duties of super-
have a care and oversight of all causes and matters arising '"Pendents,
under this act, in the city or town for which they are ap-
pointed ; and whenever a breach of any of its provisions
shall come to their knowledge, they shall, with the advice
of the district attorney for their district, institute prosecu- Prosecutions,
tions, by indictment or otherwise, for the forfeitures in-
curred.
Section 4. When any vessel shall arrive at any port or To examine into
harbor within this state, with alien passengers on board, con.iitionofpas-
,1 1 /• 1 • 1 • 1 1 • ' sengers arri-
who have never belore been within the state, the superin- ving, &c.
tendent of the city or town where it is intended to land such
passengers shall go on board such vessels, and shall exam-
ine into the condition of said passengers; and the master or Master of vessel
commanding officer of such vessel shall, within twenty-four to make report
hours after such arrival, make a report in writing, under "" ^^^^ '
oath, to said superintendent, of the name, age, sex, occupa-
tion, place of birth, last place of residence, and condition, of
every such passenger, and none of them shall be landed, or No alien pas-
be permitted to land, until such report shall be made, except senger permit-
F . . c -11 ^ ' r ted to land till
as IS liereinatter provided. report made.
Section 5. If, on examination, there shall be found. Lunatics, idiots,
among said passengers, any lunatic, idiot, maimed, aged, or &Pv notper-
■ c ™ \ \ ■ j.\ ■ ■ c ^s ■ milted to land
innrm person, incompetent, in the opinion of the superin- tin bond given
tendent so examining, to maintain themselves, or who have by master, &c,
been paupers in any other country, no such alien passengers
shall be permitted to land until the master, owner, con-
signee, or agent of such vessel, shall make and deliver, to
102
798
1848.
-Chap. 313.
Proviso.
Proviso, as to
such as are so
sick or destitute
as to require re-
lief, when mas-
ter refuses to re-
port them^ &.C.
Superintendents
to render ac-
counts quarterly
to state treas-
urer, of money
received.
Balance, after
deducting, &c.,
to be paid into
state treasury.
Abstract of in-
formation con-
cerning alien
passengers to
be published in
January, May,
and September,
by treasurer of
Commonwealth.
said superintendent, a bond to the Commonwealth, with
such sureties as are undoubted and satisfactory, in the sum
of one thousand dollars, that no such lunatic or indigent
passenger shall ever become a city, town, or state charge,
from the date of said bond : provided, however, that if it
shall be made to appear to said superintendent, by un-
doubted evidence, that any passengers on board of such ves-
sel are in such condition as to health, property, capacity, and
character, that they are not likely to become chargeable to
any city or town, he may permit them to be landed, on
payment to him, by said master, consignee, or agent, of the
sum of two dollars for each passenger so landed ; and the
names of all such passengers shall be certified by said
superintendent on the back of the report : and provided,
further, that if any such passengers are so sick or destitute
as to require relief, and if said master shall refuse to report
them, or if said master, owner, consignee, or agent, shall
refuse to give such bond as is herein required, the said
superintendent may permit them to be landed, and, in such
cases, any city or town, that shall be put to any expenses
for the support, sickness, or burial, of any such passenger,
within ten years of the time he has so landed, may maintain
an action of debt against said master, owner, consignee, or
agent, and recover all expense incurred as aforesaid; and
said commanding officer, owner, consignee, or agent, shall
be liable to the penalties provided in the tenth section of this
act.
Section 6. Every superintendent of alien passengers
shall, on the third Wednesday of January, April, July, and
October, of each year, render an account, to the treasurer of
the Commonwealth, of all the money received by him and
his assistants, under the provisions of this act, up to the
first days of said months of January, April, July, and Octo-
ber; and, after deducting therefrom the amount of salary
due to him up to the time to which said quarterly accounts
shall severally extend, shall pay the balance into the state
treasury; and the treasurer shall, as soon as maybe after
the third Wednesday of January of each year, lay said ac-
counts before the legislature.
Section 7. The treasurer of the Commonwealth shall,
during the months of January, May, and September, of each
year, cause to be published, in some convenient form for
reference, an abstract of the reports and bonds deposited
with him by superintendents, as provided in the seventh
section, which abstract shall contain an alphabetical list of
all the names of alien passengers that shall have been re-
ported up to the time of publishing said abstract, and not
previously published, with the reported age, sex, occupa-
tion, place of birth, and last place of residence, of each of
said aliens; also the time and place of their landing, the
1848. Chap. 313. 799
name of the vessel from which they were hmded, and, if
bonds of indemnity shall have been given as is provided in
the fifth section, the names of the obligors in said bonds,
and their residences, and also the names of such alien pas-
sengers as shall have been permitted to land by any super-
intendent, under the second proviso contained in said fifth
section ; together with the name of the vessel from which
they were landed, the time when landed, with the names
respectively of the master, commanding officer, owner, con-
signee, or agent of such vessel; and the treasurer shall for- Copy of ab-
ward a copy of said abstract, when so published, to the stract tobesent
, , r , 1 1 • • ■ 1 /->! to each city and
clerks of the several towns and cities m the Common- town in Com-
wealth. monweallh.
Section 8. The overseers of the poor, in any town where Overseers of
there may be no superintendent of alien passengers, or poo'" '» perform
1 , ■ ^ 1 1 11 1 11 ,- 1 • duties of super-
where such superintendent shall be unable to periorm his intendentsin
duties by reason of absence or ill health, shall perform the certain cases,
duties and exercise the authority herein conferred on such
superintendents, and shall in like manner render their ac-
counts to the state treasurer, and pay over the money so
received, deducting therefrom a reasonable compensation for
their services.
Section 9 If any master, or commanding officer of any Masters of ves-
vessel, shall land any such alien passengers at any place ^i*> ^^^'J'"?'
within this state other than those to which such vessel is $io6,for°Mch
destined, with intent to avoid the requirements of this act, alien passenger
such master or commanding officer shall forfeit the sum of
one hundred dollars for every such passenger so landed.
Section 10. If any master or commanding officer of any Masters failing
vessel shall land, or permit to be landed, in this state, any !° ?°'?P'^v^n''
, . ' i ^ . , . , ' , . . ' , -^ to forfeit $500
alien passengers as aioresaid, without complying with the for each alien
provisions of this act, said master or commanding officer, pssenger
and the owner or consignee thereof, shall severally forfeit owners, &.c.,
the sum of five hundred dollars for every such alien passen- same forfeiture,
ger so landed: jjrovided, always, that the provisions in this Proviso,
act shall not extend to seamen sent from foreign places by
consuls or vice-consuls of the United States, nor to vessels
coming on shore in distress, or to any alien passenger taken
from any wreck, where life is in danger.
Section 11. The two hundred and thirty-eighth chapter Acts repealed,
of the statutes of the year one thousand eight hundred and
thirty-seven, and also the ninety-sixth chapter of the statutes
of the year one thousand eight hundred and forty, and also
the seventy-sixth chapter of the statutes of the year one
thousand eight hundred and forty-five, are hereby repealed:
provided, that nothing herein contained shall release any Proiiso.
city or town from paying into the treasury any amount of
money which shall have accrued to the state.
Section 12. This act shall take effect from and after its
passage, \jlpproved by the Governor, May 10, 1848.]
800
1848.-
■Chap. 314—315.
Harbor-master
to regulate
anchorage of
vessels in the
upper harbor of
Boston.
ChaV 314 -An Act in addition to "An Act to establish Regulations concerning the Harbor
■^ ' of Boston.''
Bf] it enacted hy the Senate a?id House of Representa-
tives^ in General Court assembled^ and by the authority of
the same, as folloios :
Section 1. The harbor-master authorized to be appoint-
ed by the fifth section of the act to which this is in addi-
tion, shall have authority to regulate the anchorage of all
vessels in the upper harbor of Boston, and, when necessary,
to order the removal of such vessels, and to cause the same
to be removed in obedience to such order, at the expense of
the master or owners thereof; and if any person shall
obstruct said harbor-master in the performance of any of
his duties, as prescribed by this act, or by the act to which
this is in addition, or shall neglect or refuse to obey any
lawful order made by said harbor-master, he shall be liable
to a penalty, not exceeding fifty dollars, for each oflence, to
be recovered by indictment, for the use of the city of Boston.
Section 2. Whenever any person, on board of any ves-
sel, shall violate the provisions of the third section of the
act to which this is in addition, the master or owners of
said vessel shall be liable to the penalty prescribed in said
section, as well as the person so offending.
Section 3. The provisions of the second section of the
act to which this is in addition shall apply to all the yards
of vessels as well as the lower yards, any thing in said
section to the contrary notwithstanding.
Section 4. All vessels at anclior in the harbor of Boston
shall keep an anchor-watch at all times, and shall keep a
clear and distinct light, suspended at least six feet above
the deck, during the night; and whenever the provisions
of this section shall be violated on board any vessel, the
master or owners shall be liable to a penalty of not more
than twenty dollars, to be recovered in the manner pro-
vided in the act to which this is in addition, and shall be
held liable to pay all damages that may be occasioned by
such violation. [Approved by the Governor, May 10, 1848.]
An Act for the more effectual Suppression of Common Gaming Houses.
BJE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. If any person, for hire, gain, or reward, shall
keep a common gaming-house, or, in any building, booth,
yard, or garden, by him actually used and occupied, shall
commonly keep, or suffer to be kept, any tables, or other
apparatus, for the purpose of playing at any unlawful game
or sport, for money or any other valuable thing, every per-
son so offending shall, for every such offence, forfeit a sum
not exceeding one hundred dollars, and shall also be com-
Penalty for ob-
structing har-
bor-master.
Master or
owners liable
for certain vio-
lations com-
mitted on board
their vessels.
Limitation in
former act re-
pealed.
Concerning
anchor-watch
and lights at
night.
Penalty.
Chap 315.
Penalty for
keeping com-
mon gaming-
house, or any
apparatus for
unlawful
games.
Fine and im-
prigonment.
1848. Chap. 315—316. 801
mitted to the house of correction of the county where the
offence shall be committed, for a term of time not exceed-
ing six months, and not less than thirty days ; and shall
also recognize, with sufficient sureties, in a reasonable sum,
for his good behavior, and especially that he will not be
guilty of any offence against the provisions of this act, for
the space of three years next ensuing.
Section 2. All acts, and parts of acts, inconsistent with inconsistent
this act, are hereby repealed. ^''' ''"P*"'"*^-
Section 3. This act shall take effect from and after its
passage, [Approved by the Governor, May 10, 1848.]
An Act concerning Meetings of the Town of Springfield. ChctpSlG.
BE it enacted by the Senate and House of Representa-
tives, iji General Court assembled, and by the anthority of
the same, as follows :
Section 1. The offices of any of the annual officers of Concerning
the town of Springfield, who reside without the' present S;,^^,""
limits of said town, are hereby declared vacant, and any Chicopee, a
such vacancies may be filled at any adjournment of a meet- "ff'^ri'^sprhig.
ing of the inhabitants of said town heretofore holden, or at field.
any new meeting to be holden before the first day of June
next.
Section 2. All appropriations of money, already made Concerning ap-
by said town for the present year, are hereby annulled ; ^^^ly^i"""^ ^^
and any appropriations of money authorized by law may Springfield for
be made by said inhabitants before the first day of June 1^^^^^^^"'
next, at any such new meeting, or at any adjournment of '
such former meeting ; and all such appropriations shall be
assessed and collected in the same manner as if they had
been made at a meeting held before the first day of May.
Section 3. The commissioners of the county of Hamp- Power of coun-
den, after notice to the selectmen of the towns of Spring- el^s*^oi"Hamp°den
field and Chicopee, shall, at any regular meeting, or at a intheappor-
special meeting, which they are hereby authorized to hold c'oumy"tax for
for the purpose, revise their apportionment of the county Springfield and
tax for the present year, and for each year, until the next Jext decennial'
decennial valuation, and determine the proportions thereof valuation,
which shall be paid by each of said towns, and shall, until
the next decennial valuation is established, commit the
same, for assessment and collection, to the assessors of each
of said towns ; and the same shall be assessed, collected,
and paid over, in the same manner, and under the same
penalties and liabilities, as county taxes are now, by law,
assessed, collected, and paid over.
Section 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 10, 1848.]
802
1848.-
-Chap. 317—319.
Chat) 317 ^^ ^^"^ authorising Sheriffs and their Deputies to administer Oaths in certain
■i * 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 :
Whenever any officer shall, hereafter, proceed to levy
an execution upon real estate, in the manner provided in
the third section of the seventy-third chapter of the Revised
Statutes, or shall proceed to set off dower, as prescribed in
the sixth section of the one hundred and second chapter of
the Revised Statutes, said officer may administer the oaths
therein required, any thing in said sections to the contrary
notwithstanding. [Approved by the Governor, May 10,
1848.]
Officers levying
executions un-
der R. S. eh.
73, or setting
oflf dower, un-
der R. S. cli.
102, sec. 6, may
administer the
oaths required.
Chap^lS.
Jurisdiction of
Police Court in
New Bedford
not affected by
reason of pay-
ment of fines or
costs, into city
or county
treasury.
C/m/>319.
Suffolk.
An Act ia addition to " An Act for the better establishment of the Police
Court of the City of New Bedford."
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 police court of the city of New Bedford shall con-
tinue to have the same jurisdiction which it has exercised
hitherto, and the jurisdiction thereof shall not be limited by
reason of any interest on the part of the justices of said
court, which may arise from the payment of fines or costs,
adjudged or accruing in said court, into the treasury of the
city of New Bedford, or of the county of Bristol. [Ap-
proved by the Governor, May 10, 1848.J
An Act to 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 :
Winthrop Sears may take the name of Knyvet Winthrop
Sears; James Foster may take the name of James Rolf
Foster; Isaac Bradford, a minor, may take the name of
Isaac Buckminster Bradford ; William Brookings, a minor,
may take the name of William Adams ; Francis Joseph
Nursptill may take the name of Francis Joseph Nourse;
his wife, Mary Elizabeth, and their minor children, Mary
Elizabeth, Francis Joseph, Saphrona, and Jacob Gilmore,
may severally take the surname of Nourse ; Jacob Nursptill
may take the name of Jacob Nourse; Caroline, his wife, and
George Henry, their minor son, may each take the surname
of Nourse; Charles Miller Reed may take the name of
Gardner Kinsell Reed; Mehitable Eastman may take the
name of Maria Mehitable Eastman; Roswell Dunnakin
may take the name of Roswell Brooks; Roswell Munroe
and Frederic Justus, his minor sons, may each take the
surname of Brooks ; Joseph Warren Appleton may take the
1848. Chap. 319. 803
name of William Appleton ; Isaac De St. Croix Woodbury
may take the name of Isaac De Woodbury ; George Wash-
ington Jenks Furness may take the name of George Jenks
Furness ; George Henry Snelling may take the name of
George Lester Snelling; Jonathan Robbins may take the
name of John Robbins; David G. McMurphymay take the
name of David G. Merrill; Isaac Stevens Parker may take
the name of W. Stevens Parker; Charles Rice Sherman, a
minor, may take the name of Charles Bowler Sherman ;
Christopher List may take the name of Charles List; sev-
erally of the city of Boston, all of the county of Suffolk.
Caroline Elizabeth Chaplin, of Rowley, a minor, may Essex,
take the name of Caroline Louisa Chaplin ; Michael Hoyt
Morse, of Newburyport, a minor, may take the name of
Edward Hoyt Morse ; George Kimball, of Bradford, may
take the name of George M. Kimball ; Charles Kimball, a
minor, of Bradford, may take the name of Charles B. Kim-
ball ; Jeremiah Staniford Harris, of Salem, may take the
name of George Harris ; Jonathan Cass Whippen, of Lynn,
may take the name of Henry Cass Whippen ; Samuel Dick-
inson Bartlett, of Newburyport, may take the name of Sam-
uel Waldo Bartlett ; Enoch Thurlow Bartlett, of Newbury-
port, may take the name of Henry Thurlow Bartlett ; Hor-
ace Bailey Balch, of Bradford, may take the name of Horace
Morse Balch ; Charles Scott, of Hamilton, minor, may take
the name of Charles Aaron Dodge; Albert Pitman Allen,
of Manchester, may take the name of John Woodberry Al-
len; Sarah Ellen Varnum, of Lynn, minor, may take the
name of Sarah Ellen Alley; Ira D. Ricker, of Beverly,
may take the name of Ira Davis ; Elias Endicott Putnam,
of Danvers, may take the name of Elias Putnam ; George
Honeycomb, of Salem, may take the name of George Hen-
ry Peirson ; Sampson Cummings, of Lynn, may take the
name of Thomas Clarkson Cummings; Betsey Potter Allen,
a minor, of Lynn, may take the name of Helena Potter Al-
len ; Joseph Waters, of Salem, may take the name of Jo-
seph Linton Waters; George Moody, of Rowley, may take
the name of Latimer George Moody ; Perley Goodale King,
of Danvers, may take the name of Perley King ; John Pear-
son, 3d, of Newburyport, may take the name of John Per-
ley Pearson ; John W. Rogers, of Newbury, may take the
name of John Roger Williams ; Andrew W. Abbott, of Sa-
lem may take the name of Andrew Abbott Ward ; all of
the county of Essex.
Angelina Elizabeth Chapman, of Lowell, may take the Middlesex.
nameof Dianna Elizabeth Phelps; William Cofi'ern Gilman
Nuttuig, of Dracut, may take the nameof CofFern Nutting;
Thomas Baldwin Brown, of South Reading, may take the
name of Thomas Baldwin Burnap Brown; America Per-
kins Bonney, of Lowell, may take the name of Arthur Per-
804 1848. Chap. 319.
kins Bonney ; Calvin Nichols, of Reading, may take the
name of John Calvin Nichols ; William Edes, of Natick, a
minor, may take the name of William Francis Newhall ;
William Henry Trigger and John Trigger, of Newton, may
each take the surname of Philhps instead of Trigger; Wil-
liam Thurston Powers, of Reading, may take the name of
William Thurston ; Stephen Brooks Hoar, and Timothy
Hoar, of Brighton, may each take the surname of Brooks
instead of Hoar ; Rice Kendall, of Sherburne, may take
the name of Charles Rice Kendall ; Susan R Amidown, a
minor, of Lowell, may take the name of Susan E. Walker;
Hannah S. Converse, of Woburn, minor, may take the
name of Hannah S. Thompson ; Alvan Phillis, of Concord,
may take the name of Alvan Phillis Parker ; Mary Maria
Felton, of Stow, may take the name of Mary Maria VV^ith-
ington ; Herod Collins, of Charlestown, may take the name
of Edwin Collins; Samuel Leighton, of Newton, may take
the name of Samuel Stillman Leighton ; Mary Underwood,
of Chelmsford, may take the name of Mary Farr ; Rhoda
FuUerton, of Lowell, may take the name of Frances Fuller-
ton ; Roger Vose, of Lowell, may take the name of Roger
Vance ; Benjamin Rice Davison, of Lexington, may take
the name of William Henry Davison ; Lucinda Frost, of
Natick, may take the name of Clara Howard; all of the
county of Middlesex.
Worcester. George Lyman Chilson, of Leicester, may take the name
of George Dexter Chilson; Daniel Mowry, of Douglas,
may take the name of David Mowry ; Foster Death, of
Rutland, and his wife, Hepsibeth Death, and their minor
ciiildren Charles and Henry, may each take the surname
of Dana instead of Death ; Elizabeth D. Shackford, of
Shrewsbury, may take the name of Elizabeth Davis ; and
her minor children, John J. Sylvester, and George L., may
severally take the surname of Davis, instead of Shackford ;
Joseph Hoar may take the name of Joseph H. Hey wood;
Samuel R. Hoar may take the name of Samuel R. Hey-
wood ; Dorcas K. Hoar may take the name of Dorcas K.
Hey wood; Dwight Hoar may take the name of Dwight
H. Hey wood ; Mary R. Hoar may take the name of Mary
R. Heywood ; Ezra H. Hoar may take the name of Ezra
H. Heywood; Fidelia M. Hoar may take the name of Fide-
lia M. Heywood; Lyman B. Hoar may take the name of
Lyman B. Heywood ; Alonzo P. Hoar may take the name
of Alonzo P. Heywood ; all of Princeton. Isaac Merrill
Wheeler, of Rutland, may take the name of Merrill Wheel-
er ; John Allyn Weston, of Worcester, may take the name
of Allyn Weston; Vina Newton, of Worcester, may take
the name of Levinia Pierce Robbins; Jared Curtis Delany,
of Southbridge, a minor, may take the name of Jared
Curtis Healy; Henry Adin Stone, of Shrewsbury, may
1848. Chap. 319. 805
take the name of Isaac Hubbard Stone ; Levi Carruth, of
Templeton, may take the name of Levi W. Carruth; Pas-
chal Peola Deming Weld, of Charlton, may take the name
of Vernon Weld ; Joseph Knowlton Mann, of Petersham,
a minor, may take the name of Joseph Mann Jackson ;
William Everett Dahymple, a minor, of Northborough,
may take the name of William Everett Warren ; Franklin
Bradford Metcalf, of Leicester, may take the name of
Franklin Bradford King; Mary Davis Goodspeed, of Hub-
bardston, a minor, may take the name of Mary Alma Good-
speed; Abraham Vest, of Grafton, may take the name of
John Negus Wilson; Sally Vest, wife of the said Abraham
Vest, and Walter Vest, and Mary Elizabeth Vest, their mi-
nor children, may take the surname of Wilson, instead of
Vest; Willard Sherman, of North Brookfield, may take the
name of Harrison Willard Sherman ; Ephraim Warren
Fuller, of Worcester, may take the name of Warren Ful-
ler; Michael Heme, and John Heme, of Lancaster, may
each take the surname of Kelley, instead of Heme; all of
the county of Worcester.
Reuben Pierce, of Northampton, may take the name of Hampshire.
Henry Reuben Pierce ; Charles Judd Bridgman, of North-
ampton, a minor, may take the name of Charles Judson
Bridgman, — all of the county of Hampshire.
Reuben Benjamin Crosier, of Heath, a minor, may take Franklin,
the name of Lemuel Sanford Churchill ; Eliza H. Ball, of
North field, may take the name of Lliza H.Wright; Wil-
liam D. Watton. of Gill, may take the name of William
Burrows; Marlha Brown, of W^hately, a minor, may take
the name of Martha Cummings Brown ; Frederick Mason
Richards Brown, a minor, of Whately, may take the name
of Frederick Richards Brown ; Warren Marsh, of Mon-
tague, may take the name of Warren Bryant Marsh ;
Henry Dickinson, of Deerfield, may take the name of
Henry Whipple Dickinson; Katharine A. Crafts, of Whate-
ly, may take the name of Caroline A. Crafts; Remem-
brance Smith, of Whately, may take the name of Justin Re-
membrance Smith ; Preserved Smith Guellow, of Greenfield,
may take the name of Albert Preserved Wright; Araunah
Ide, of Shelburne, may take the name of John A. Ide;
Martin Severance, of Shelburne, may take the name of
Martin Juan Severance — all of the county of Franklin.
Charity Whittemore, of Becket, may take the name of Berkshire.
Charity Whittemore Johnson; John Abbott, 2d. of H;ii.s-
dale. may take the name of John Hubbard Abbott; T'balia
Maria Abbott, of Hinsdale, may take the name of Mary
Maria Abbott; Stephen McCrea, of Williamstown, a minor,
may take the name of Stephen Southworth ; Julia An-
drews, of New Marlborough, may take the name of Julia
Bullard — all of the county of Berkshire.
103
806
1848.-
-Chap. 319.
Norfolk. Harriet Jane Morey, of Bellingham, a minor, may take
the name of Harriet Jane Cook; Julia Ann Potter, of
Franklin, a minor, may take the name of Ann Olivia Potter
Whiting; Ellen Augusta Bragg, of Medfield, a minor, may
take the name of Ellen Augusta Fales ; Hubert Gaumond, of
Canton, may take the name of Hubert G. Woodbury ;
Greenleaf Sanger, of Dover, may take the name of Simon
Greenleaf Sanger — all of the county of Norfolk.
Plymouth. William Lemma, of North Bridgewater, may take the
name of William Lemmar ; Sarah Elisabeth Ames, of
Marshfield, a minor, may take the name of Sarah Bering
Thomas Ames; Francoise Berthier, of Rochester, a minor,
may take the name of Frances Berthier Pitcher ; Sherman
Allen Sturtevant, of Plymouth, may take the name of
Sherman Alien ; John Quincy Adams Faunce, of Kingston,
may take the name of Quincy Adams Faunce; Nathaniel
Faunce, Jr., of Kingston, may take the name of Nathaniel
Arthur Faunce ; Sarah Kinney, of Rochester, may take
the name of Sarah Dunham — all of the county of Plymouth.
Bristol. Noah Erastus Fillebrown, of Easton, may take the name
of Erastus Brown ; Eliza Adeline Fillebrown, of Easton,
may take the name of Eliza Adeline Brown ; Margaret
Myer, of New Bedford, a minor, may take the name of
Margaret Myer Wood ; Martha A. Holmes, of Mansfield, a
minor, may take the name of Martha A. Gordon ; Laban
Mitchel Wheaton Wild, of Norton, a minor, may take the
name of Laban Mitchel Wheaton — all of the county of
Bristol.
Barnstable. Charles Bray, of Yarmouth, a minor, may take the name
of Charles Matthews Bray; Joseph Baker, of Harwich,
may take the name of Joseph Otis Baker ; Lydia Matthews
Bassett, of Yarmouth, may take the name of Lydia
Matthews Sherman ; Frederick U. Small, a minor, may
take the name of James Henry Small ; Benjamin F. Small,
a minor, may take the name of Joshua D. P. Small, both
of Provincetovvn; Bethiah Crowell Matthews, of Yarmouth,
may take the name of Fanny Bethiah Matthews; Eunice
Hallet Matthews, of Yarmouth, a minor, may take the
name of Rebekah Hallet Matthews — all of the county of
Barnstable. And the several persons before named, from
and after the passing of this act, shall be known and called
by the names which by this act they are respectively al-
lowed to assimie, as aforesaid, and the same shall hereafter
be considered as their own proper and legal names. [Ap-
jyroved by the Governor^ May 10, 1848.]
1848. Chap. 320—321. 807
An Act for the Removal of Insane Persons confined in Jail for Debt. ChCLJ) 320.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the aiithoriiy of
the same, as folloics :
Section 1. Whenever any person is confined in jail, on insane debtors
mesne process or execution, snpposed to be insane and j^a^edVom
thereby rendered incapable of taking the poor debtor's oath, confinement in
any person interested for his removal frorn jail on account {gg^jj'Ji'^P^jj"^^^^.^
of his supposed insanity, may apply, by petition, to the judge of pro-
judge of probate in and for the county in which said per- forthfh^fafts
son is imprisoned, setting forth the facts in the case, where-
upon said judge shall appoint a time and place for a hearing
and examination in the premises, and shall order notice
thereof to be given to the creditor, or his attorney, on whose
suit said person is confined, seven days previous to the
time of said examination; and if, upon said hearing and After hearing,
examination, said judge shall be satisfied that said person &''-J";'ge'nay
I . . , -^ ° 11-Ti 1 order discharge
is msane, said judge may order his discharge or removal to or removal to
the insane hospital at Worcester, or such other place as is f<""e insane
.-,11,*^. '. '■ . . hospital.
provided by law tor insane persons, m any town or city in
this Commonwealth.
Section 2. Said judge, for receiving such a petition, issu- Judge's fees,
ing the order of notice, and examination and adjudication
thereon, shall receive the sum of five dollars, to be paid by
the petitioner.
Section 3. Whenever any person is removed from jail, Legal rights of
as above provided, the legal rights of said creditor shall not blTaffected^ ^^^
be affected thereby, but shall remain as though no commit-
ment had taken place. [Approved by the Governor, May
10, 1848.]
An Act to incorporate the Proprietors of the South Market. CAfl2?321.
BE it enacted by the Sejiate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Section 1. Samuel S. Perkins, Noah Sturtevant, Barna- Corporators,
bas Hammatt, their associates and successors, are hereby
made a corporation, by the name of the Proprietors of the
South Market, for the purpose of erecting and managing a To erect a'
market for the sale and storage of country produce and ma'"ketfor
other merchandise, to be located south of Summer Street produce, &c.,
and east of Washington Street, in the city of Boston, with '« Boston,
all the powers and privileges, and subject to all the duties,
liabilities, and restrictions, set forth in the forty-fourth
chapter of the Revised Statutes : provided, that nothing Proviso.
contained in this act shall be construed to authorize said
corporation to engage in buying or selling produce or mer-
chandise of any description.
Section 2. Said corporation may hold real and personal
808
1848.-
■CiiAP. 321—322.
Estate, real and
personal, not
exceeding
^600,000.
City council
may make po-
lice regulations.
Terms on
which city of
Boston may
purchase the
franchise, &e.,
within ten years.
Duty of direct-
ors thereupon.
Market to be
built within
three years.
Chap 322.
Boston arid
Maine Railroad
may meet the
Manchester and
Lawrence Rail-
road at New
Hampshire
State line.
Time of filing
location ex-
tended.
estate, necessary and convenient for the purpose aforesaid,
not exceeding in amount six hundred thousand dollars.
Section 3. The city of Boston may, by its city council,
or by any person or body to whom said council shall dele-
gate its power, make and enforce suitable and proper police
regulations in and around said market and its appurte-
nances, at the expense of said corporation.
Section 4. The city of Boston may, at any time within
ten years from the passage of this act, purchase of said
corporation the said market, and all the franchise, property,
rights, and privileges, of said corporation, on paying there-
for the amount expended in erecting said market, with in-
terest thereon, at the rate of ten per centum per annum,
deducting therefrom all sums that shall have been received
by the members of said corporation, as dividends of income
or profits, and also the amount of all reserved profits on hand
at the time of such purchase. And whenever the city of
Boston shall have determined to purchase said market, the
directors of said corporation shall, upon reasonable notice,
make out a statement of the amount to be paid according
to the foregoing provisions, and shall exhibit their books
and papers in verification of said statement; and upon the
payment, by said city of Boston, of the sum which shall
be found to be payable as hereinbefore provided, said cor-
poration shall make, execute, and deliver, all such deeds,
conveyances, and assurances, as may be necessary to invest
in said city the said market, and all the franchise, property,
rights, and privileges, of said corporation.
Section 5. This act shall take effect from and after its
passage, and shall be void unless said market shall be
located and built within three years. [Approved by the
Governor, May 10, 1848.]
An Act in addition to An Act incorporating the Boston and Maine Kailroad,
and to change the location of a Branch thereof.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The Boston and Maine Railroad Corporation
are hereby authorized to alter the location of their branch
railroad, in Methuen, so as to meet the Manchester and
Lawrence Railroad, at the line '~f the state of New Hamp-
shire, as the same shall be finali> located and constructed.
Section 2. The time of filing the location of the rail-
road authorized by the act, passed on the third day of
March, in the year one thousand eight hundred and forty-
six, entitled "An Act in addition to an act incorporating
the Boston and Maine Railroad," is hereby extended for
the term of three months from the passage of this act.
Section 3. Nothing contained in this act shall be con-
1848. Chap. 322—324. 809
strued to aflect any private right in any land or other prop- No private
erty, concerning which land or property, any action has [S^against
been commenced and is now pending against said corpora- Boston and
,• Maine Railroad
•^■^C^* ^ r -x c ■ Company to be
Section 4. This act shall take effect from and alter its affected.
passage. [Approved by the Governor^ May 10, 1848. J
Aa Act to incorporate the Lawrence House. ChttV 323.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. Walter Channing, Frederick Gould, Simon G, Corporators.
Shipley, their associates and successors, are hereby made a
corporation, by the name of the Lawrence House, for the
purpose of erecting a public house in the city of Boston, For a public
*■ • , 111 ^ 1 ••! 1 1-..^ 11 *u house in Boston.
With all the powers and privileges, and subject to all the
duties, liabilities, and restrictions, set forth in the forty-
fourth chapter of the Revised Statutes.
Section 2. Said corporation may hold such real and Real and per-
, J^ ^ 1 ■ .. r ii sonal estate not
personal estate as may be necessary and convenient tor tne exceeding
purpose aforesaid, not exceeding in amount three hundred ^300,ooo.
thousand dollars: provided, that, if any ardent spirits or ^'■jj"°J^jY°rUs
intoxicating drink, of any kind whatever, shall be sold by &c.rsh'aifbe' '
said company, or by their agents, or by their lessees, or by sold in the
persons in their employ, in said house, then this act shall be
void. [Approved by the Governor, May 10, 1848.]
An Act in relation to Prisoners. ChCLV 324'.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloiDS :
Section 1. Each prisoner, who may be confined in any Means of bath-
of the prisons of the Commonwealth, shall have a weekly "•\ed''a^t ajj*!''
bath of cold or tepid water, which shall be applied to the prisons,
whole surface of the body; unless, by reason of the sick-
ness of such prisoner, such bath shall be hurtful or dan-
gerous.
Section 2. The state-prison, and the houses of correc- Ventilation at
tion, shall, within six months after the passage of this act, alTdtou/eTof
be ventilated in a suitable and efficient manner. correction.
Section 3. The warden and inspectors of the state-pris- instruction in
on, the county commissioners of each county, the mayor reading and
and aldermen of the city of Boston, with the sheriffs of each ons, &c.
county, respectively, are hereby authorized to furnish, at
the expense of said counties, suitable instructions in reading
and writing, for one hour each evening, (except Sundays,)
to all such prisoners as may be benefited by such instruc-
tion, and desirous to receive the same.
Section 4. The sheriffs of each county are hereby au- Employment in
thorized to furnish, according to their discretion, employ- J^''*-
810
1848.-
-Chap. 324—327.
Proviso,
ment to all persons confined in the jails under their charge
respectively, of such nature, and in such places, as they
may judge best, and which are not inconsistent with the
safe-keeping of said prisoners : provided, howevc?', that
nothing contained in this section shall be construed to re-
quire the performance of any labor by any person confined
in said jails. [Approved by the Governor, May 10, 1848.]
An Act in relation to Railroad Bridges across Charles and Mystic Rivers.
BE it enacted by the Seiiaie and House of Representa-
tives, in Genei'al Court assembled, and by the authority of
the same, as follows :
Any person or corporation, who shall use any part of any
railroad bridge across Charles River, or Mystic River, as a
wharf, for the purpose of laying vessels across the stream
of either of said rivers, shall forfeit, for each offence, not
less than fifty dollars, nor more than one hundred dollars, to
be recovered by indictment, or other process, to the use of
the Commonwealth. [Aj)p?'oved by the Governor, May 10,
1848.]
An Act to incorporate the New England Art Union.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Section I. James B. Gregerson, Henry W. Longfellow,
Abbott Lawrence, their associates and successors, are here-
by made a corporation by the name of the New England
Art Union, for the purpose of promoting and facilitating the
advancement of the fine arts; and, for that purpose, shall
have all the powers and privileges, and be subject to all the
duties, liabihties, and restrictions, set forth in the forty-
fourth chapter of the Revised Statutes.
Section 2. Said corporation may, for the purpose afore-
said, hold real estate to the amount of ten thousand dollars,
and personal estate to the amount of one hundred thousand
dollars. [Appi^oved by the Governor, May 10, 1848,]
An Act relating to Railroad Plans and Profiles.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. No petition for the establishment of any rail-
road shall be acted upon, unless the same is accompanied
^et[tio"ers^'* ^^ witli a map of the route of the proposed railroad, projected
on a horizontal scale of four inches to a mile, and also with
a profile of the said route, projected on a vertical scale of
fifty feet to an inch.
Chap S25.
Forfeiture for
using any R. R.
bridge across
Charles or
Mystic Rivers,
as a wharf.
ChapS26.
Corporators.
For promotion
of the fine arts.
Real estate,
310,000 ; per-
sonal estate,
5100,000.
Chap 327.
Maps of rail-
road routes, to
1848. Chap. 327—328. 811
Section 2. After any railroad corporation shall, by vir- Dutyofraii-
tue of their charter, have taken any land for the purpose of uo^n^l jn7e°crTrd
their railroad, they shall, before proceeding to construct such to land taken
road, furnish a plan of the land so taken to the owner ^°''''°^^-
thereof, and fence the same, if requested to do so by the
owner or occupant of said land. [Ajjproved by the Govei-nor^
May 10, 184S.J
An Act to incorporate the Norfolk County Health Insurance Company. ClldJ) 328.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Section 1. Stephen Bates, John J. Low, Abner Childs, Corporators,
their associates and successors, are hereby made a corpora-
tion, by the name of the Norfolk County Health Insurance Health insur-
Company, to be established in the town of Dedham, for the ance Company
purpose of making insurance upon health, with all the pow-
ers and privileges, and subject to all the duties, liabilities, and
restrictions, set forth in the forty-fourth chapter of the Re-
vised Statutes, so far as the same may be applicable to this
corporation.
Section 2. The capital stock of said corporation shall Capital stock
not exceed fifty thousand dollars, and shall be divided into IsVooo^r^
shares of twenty-five dollars each ; and there shall be paid shares st5.
into the treasury of said corporation by each subscriber to How paid in,
the capital stock, at the time of subscription, an instalment belsaid."'^^^ ^°
of five dollars on each share of the stock by him subscribed,
and the remaining twenty dollars on each share so sub-
scribed shall, within thirty days from the time of such
subscription, be secured to be paid, by mortgage on real
estate, or by such endorsed promissory notes as shall be
approved by the directors of said corporation, and shall be
payable in thirty days after demand shall have been made
in some newspaper printed in the town of Dedham, or, in
case no newspaper is printed in the town of Dedham, then
in some newspaper published in the county of Norfolk, or
the same may be made payable in regular instalments at
stated periods, at the discretion of the directors.
Section 3. Until four hundred shares have been sub- Subscribers only
scribed for, and until the instalment aforesaid shall have been '"^ ^f .nA"'^!*'
11 •!• 1 -11 -T r ■ • until 400 shares
actually paid in, and until the residue of such subscriptions are subscribed,
shall have been secured to be paid in the manner stated, '^''•
said corporation shall have the power to insure the health of
no persons, excepting subscribers to the capital stock ; but,
after four himdred shares of said stock shall have been sub-
scribed for, and paid in or secured, as required, the said cor-
poration may exercise all the powers and privileges con-
ferred by this act.
Section 4. The capital slock of said corporation shall be investment of
invested, at the discretion of the directors, either in loans *^°<^^'
812
1848.-
■Chap. 328.
Real estate.
Dividend of
profits.
Profits remain-
ing, how ap-
propriated.
Proviso.
Profits, &c.,
divided among
stocklioiders,
never to exceed
8 per cent.
Unpaid divi-
dends to be
advertised.
secured by mortgages on unincumbered real estate, of the
value of at least fifty per cent, more than the amount lent
thereon, or in stocks of the United States, or of the Com-
monwealth of Massachusetts, or of any bank in this Com-
monwealth, or in loans to towns. Said corporation may
hold real estate, to an amount not exceeding ten thousand
dollars, for the purpose of securing suitable offices for the
institution.
Section 5. The directors of said corporation shall, on
the first Monday of June, annually, cause a statement to be
made, and a balance to be struck, of the affairs of said cor-
poration ; and if there shall be any ascertained profits, after
paying all the losses and expenses of the year preceding, and
providing for all outstanding risks, they shall first set apart
from said profits, and divide among the stockholders, a sum
not exceeding six per cent, per annum on the amount of
capital stock actually paid in, in proportion to the amount
held by them respectii'ely, if so much remain after paying
said losses and expenses, and providing for said risks ; and
in case said dividend shall not be paid in any one year, it
may be made good at a subsequent period, when the net
resources of the corporation shall be sufficient for the pur-
pose.
Section 6. After providing for risks, losses, and incidental
expenses, and dividends, as is set forth in the preceding sec-
tion, one half of the remaining profits, if any there be, shall be
reserved by the directors, and applied toward the payment of
the capital stock which shall have been subscribed before
the striking of the balance of the affairs of said corporation,
as aforesaid ; and the other moiety of said remaining profits
may be divided among the stockholders and the insured, one
half among the stockholders, and the other half among the
insured : provided., however., that said annual dividends, appli-
cations of payments on capital stock, and divisions of profits
among the stockholders, shall never exceed eight per cent,
per annum on the capital stock already paid in, but such sur-
plus of profits over eight per cent., if any, shall be divided
among the insured; but no dividend whatever shall be
made, whereby the capital stock of said corporation, sub-
scribed for and paid in, shall be reduced or impaired.
Section 7. All dividends remaining unpaid more than
one year after the same have been declared, shall be adver-
tised, by publishing the amount thereof, and the names of
the persons entitled thereto, for at least three weeks, in some
newspaper published in Dedham, or, in case no newspaper
is published in Dedham, then in some newspaper published
in the county of Norfolk ; and if said dividends shall not be
called for within one year from the date of such adver-
tisement, they shall be forfeited to the corporation.
Section 8. The directors shall have power to require
1848. Chap. 328. 813
every person, subscribing to the stock of the corporation, Subscribers
to effect insurance therein, either upon his own health or may be required
,,,,/. ', * r ,, y n to ettecl insur-
upon the health oi some other person, lor such length of ance, &c.
time as they shall prescribe ; and every person, effecting
insurance in said corporation, shall have the privilege of
subscribing for at least one share of said stock, until the
whole number of shares authorized by this act shall be
taken up; but insurance may be made and risks taken, by
said corporation, at the request of applicants, without their
becoming stockholders.
Section 9. Suits at law may be maintained by any Suits by stock-
stockholder, or person insured, against said corporation, for col"^ oration '"^'
losses or damages insured against by them, if payment shall
be withheld more than thirty days after the same shall be
due and payable by the terms of the policy of insurance,
and after said corporation shall have been duly notified
of such loss or damage ; and no stockholder, or person in- Witnesses,
sured, not being, in his individual capacity, a party to such
suit, shall be deemed incompetent as a witness.
Section 10. On some day, within the first thirty days Baiance-state-
after the expiration of two years from the time when the "le'yt^t'e'nade
•J 1 11 • I ■ n 1- -1 ■ , . , periodically, ex-
said company shall issue their first policy, and withm the hibiting—
first thirty days after the expiration of every subsequent
period of three years, the directors of said company shall
cause to be made a general balance-statement of the affairs
of said company, which shall be entered in a book prepared
for that purpose. Such statement shall contain, first, the 1st. Amount of
amount of premiums received during said period, and the hneTest"^ ^"'^
amount of iHterest received from investments and loans; 2d. Amount of
secondly, the amount of the expenses of said comnanv |''p^°^^®- , ,
J . •' ,' -Till , . I - . J 6a. Amount of
during the same period ; third, the amount of losses in- losses.
curred within said term; fourthly, the balance remaininir *'^- ?'*'^"*^®
• I -1 n f \\ 1 /- 1 . . .o remaining-.
With said company; fitthly, the nature ot the securities in sih. Nature of
which the said balance is invested, and the amount of cash se<^"'''t'esand of
on hand, and an account of the existing policies The pres-
ident of the company shall, within thirty days after said to°hVs°ecrVta?y
statement is completed, transmit a copy thereof, signed and ofUieCommon-
sworn to by the president and a majority of the directors, ^t"s[ature.^'^*
and also by the treasurer, actuary, or secretary, to the sec-
retary of the Commonwealth, to be by him laid before the
legislature.
Section 11. Nothing contained in this act shall be so No insurance
construed as to authorize said company to engage in life °" ''^^s.
insurance, or in any thing save assurance upon health; nor Not more than
is it permitted to insure more than four hundred dollars per »400 per annutn
annum on any one risk. [Ajrproved by the Governor. May °"°"^'''^*''
10, 1848.]
104
814
1848.-
■Chap. 329.
ChapS2^.
Corporators.
Aqueduct in
Lawrence.
Powers of cor-
poration as to
water, dams,
&c.
An Act to incorporate the Lawrence Aqueduct Company.
BE it enacted by the Senate and House of Representor
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. John Tenney, Alfred Kittredge, Daniel Saun-
ders, their associates and successors, are hereby made a
body corporate by the name of the Lawrence Aqueduct Com-
pany, with authority to convey the water from Haggett's
Pond, in Andover, to Lawrence, and to distribute, or sell, or
lease the same in said town, with all the powers and privi-
leges, and subject to all the duties, liabilities, and restrictions,
set forth in the forty-fourth chapter of the Revised Statutes.
Section 2. The said corporation may purchase and hold
the outlet of said pond, and may erect and maintain a dam
or dams to raise the water in said pond, and may lay, main-
tain, and replace pipes to convey and distribute said water
as aforesaid, and for these purposes may enter upon and
open any lands, with all the privileges, and subject to all
the payments, penalties, requirements and conditions, pre-
scribed in the one hundred and sixteenth chapter of the
Revised Statutes, as to said dam or dams, and as to any
water-right, or free passage of alewives into said Haggett's
Pond, that may be injured by said corporation; and by the
fifty-sixth, fifty-seventh, and fifty-eighth sections of the
thirty-ninth chapter of the Revised Statutes, as to said land,
and the laying, maintaining, or replacing said pipes.
Section 3. The said corporation shall fix, in the dam
aforesaid, at the outlet of said pond, not less than six inches
below the surface of the water as raised thereby, an orifice
not less than two inches in diameter, to be left at all times
open for the passage of water for the use of the pastures
and lands situate on the brook flowing from said pond.
Section 4. Said corporation may construct said aqueduct
under or over any highway, way, street or railroad, provi-
ded the safe and convenient passing of teams and carriages,
or locomotives, shall not be prevented thereby, and that any
injury thus done to any highway, way, street or railroad,
or that may be occasioned by digging up the same, shall be
repaired or paid by said corporation.
Section 5. Said corporation may purchase and hold real
estate of the value of twelve thousand dollars, and personal
property of the value of twenty thousand dollars, for the
purposes aforesaid ; and its capital stock shall not exceed
the sum of fifty thousand dollars, and shall be divided into
shares of fifty dollars each.
Power of Law- Section fi. Said town of Lawrence may put conductors
renceincase of jnto the pipes of said aqueduct for the purpose of drawing
therefrom, free of expense, when any building in said town
shall be on fire, as much water as may be required in extin-
guishing the same, provided that such conductors shall be
Water for pas
tures, &c.
Carrying aque
duct through
highways, &c.
Proviso.
Real estate,
gnfiOQ; per-
sonal, $20,000.
Capital stock
not to exceed
«50,000 ;
shares g50.
fire.
1848. Chap. 329—331. 816
so secured and guarded, that no water shall be drawn there-
from for any other purpose than to extinguish fires as afore-
said.
Section 7. If any person shall wilfully and maliciously Malicious inju-
defile or corrupt the water of said aqueduct, or shall so jy' ||°^ P""-
injure or destroy any pipe thereof, or any other fixture of
the same, he shall forfeit and pay to said company, to be
recovered by an action on the case, treble the amount of
damages which shall appear, on the trial, to be sustained by
said company, and may be further punished by a fine not
exceeding one thousand dollars, or by imprisonment in the
county jail not exceeding one year. [Apj^roved by the
Governor, May 10, 1S48.J
An Act to incorporate the Montampet Company. OhctT) SSO
BE it enacted by the Setiaie and House of Representa-
tives, in General Court assembled, and by the authority of
the sa77ie, as folloios :
Section 1. Isaac Bassett, Charles Winslow, James Babb, Corporators.
their associates and successors, are hereby made a corpora-
tion by the name of the Montampet Company, for the pur-
pose of erecting a public house in the town of Lynn, with For a public
all the powers and privileges, and subject to all the duties, ''""^^ in Lynn,
liabilities and restrictions, set forth in the forty-fourth chap-
ter of the Revised Statutes.
Section 2. Said corporation may hold such real and per- ^eai and per-
sonal property as may be necessary and convenient for the nou'c^eMeed
purpose aforesaid, not exceeding in amount thirty thousand po,ooo.
dollars. If any ardent spirits, or intoxicating drinks of any This act to be
kind whatever, shall be sold by said company, or by their voidif ^dent
agents, or by their lessees, or by persons in their employ, in shai'i be sold in
said house, then this act shall be void, [^^;L>rovec? % ^Ae ^''^ ^""^e-
Governor, May 10, 1848.]
An Act concerning the Compensation of the Justices and Clerk of the Police rihr,^ QQI
Court in Lowell. O/tOpOOl.
BE it enacted by the Se?iate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. The standing justice of the police court of The standing
Lowell shall receive, out of the fees which he is now en- justice to receive
titled by law to receive, to his own use, a sum not exceeding for his own"se^
two thousand dollars annually, which shall be in full for vices and those
his own services, for the services of the clerk of said court, special*^justices!
whom said standing justice shall pay, and for the services
of the special justice or justices of said court, who shall be
paid by said standing justice, for any duties performed in
their office, the same fees as justices of the peace receive in
like cases.
Section 2. All fees to which said standing justice or T°, p^^ ^"^^^
° ■" balance to
816
1848.-
-Chap 331—332.
county treas-
urer.
Oldest commis-
sioned special
special justices would be entitled, but for this act, beyond
said sum of two thousand dollars annually, shall be retained
by, or paid over to, the treasurer of the county of Middlesex,
for the use of said county.
Section 3. In case of vacancy in the office of said stand-
ing justice, the special justice whose commission shall be
case^oi vacancy the oldest, shall have all the powers and perform all the du-
in office of ties of the standing justice, till such vacancy shall be filled ;
Stan jngjustice. ^^^^^ during such vacaucy. shall receive the same compen-
sation, and shall pay the clerk, and the other special justice,
in the same way as the standing justice would if in office.
Section 4. The exclusive jurisdiction of the crimes and
offences committed within the district of Lowell shall be
vested in said police court, to be exercised according to the
laws of the Commonwealth.
Section 5. This act shall take effect from and after the
thirtieth day of June next. [Approved by the Governor,
Mmj 10, 1848.]
Power of police
court.
CAap332.
Commonwealth
to furnish set of
weights, &c., to
each county,
city, and town.
To be safely
kept, &,c., at
expense of
counties, cities,
and towns, re-
spectively.
To be under
the care of
treasurers re-
spectively.
In case of loss,
damage, &,c.
An Act in addition to " An Act concerning "Weights, Measures, and Balances."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Section 1. There shall be furnished, to the treasurer of
each comity, and the treasurer of each city and town, in
this Commonwealth, at the expense of the Commonwealth,
a complete set of the standard weights, measures, and bal-
ances, such as the treasurer of each county and the treasurer
of each town is required to keep, at the expense of such
county, city, or town, respectively, by the provisions of the
eighth section of an act passed on the twenty-third day of
April, in the year one thousand eight hundred and forty-
seven, and to which this act is in addition.
Section 2. The treasurer of each county, and the treas-
urer of each city and town, shall provide, at the expense of
such county, city, and town, respectively, some suitable
place, in their said counties, cities, or towns, for the safe
and suitable keeping and preservation of said weights,
measures, and balances ; and all expenses attending the
boxing, putting up, transporting, and depositing in their
destined locations, said weights, measures, and balances, shall
be defrayed by the counties, cities, and towns, respectively.
Section 3. The treasurer of each county, and the treas-
urer of each city and town, shall have the care and over-
sight of said weights, measures, and balances, and shall see
that the same are kept in good order and repair ; and, in case
they are lost, destroyed, or irreparably damaged, shall replace
the same by similar weights, measures, and balances ; and all
expenses incurred imder the provisions of this section shall
be defrayed by the counties, cities, and towns, respectively.
1848 Chap. 332. 817
Section 4 If the treasurer of any county, city, or town, Forfeiture in
shall neglect to provide a suitable place to keep the said case of refusal,
weights, measures, and balances, or shall neglect to keep urei-'s"
them in good order and repair, or shall suffer them to be
lost, damaged, or destroyed, through his neglect, contrary
to the true meaning and intent of this act. he shall forfeit
the sum of two hundred dollars, to be recovered by indict-
ment to the use of the Commonwealth.
Section 5. Every town and city treasurer shall, once at standards to be
least in ten years, at the expense of the town or city, adjusted and
S63.16C1 oncG in
have the town or city standards of weights, measures and ten years, under
balances, tried, adjusted and sealed, by the treasurer of the LP*^"?'',]' °^ .
county in which the city or town is situated, or by the treas- „egiec°. ^^^
urer of the Commonwealth, or his deputy; and every town
or city treasurer, who shall neglect to have the standards
under his charge, sealed as herein provided, shall forfeit to
the use of the Commonwealth a sum not exceeding fifty
dollars.
Section 6. So much of the eighth section of an act, en- clause of for-
titled "An Act concerning weights, measures, and bal- "®'■^'^"■^■
ances," and to which this act is in addition, as provides that ^^^^
certain weights, measures, and balances, named in that act,
shall be provided and kept at the expense of the counties,
cities, or towns, is hereby repealed, and all acts and parts
of acts inconsistent with the provisions of this act are here-
by repealed. [Approved by the Governor, May 10, 1848. J
RESOLVES
PASSED BY THE
^legislature of ^a^sacfiu^etts*
ChcfO 1 Resolve for the Auditing and Settlement of certain Accounts.
Rtsolved, That the governor and council be authorized to
Governor and aiidlt, and draw a warrant for the pay roll of the commis-
councii 10 audit sloncrs appointed pursuant to a "Resolve providing for the
commissioners appointment of a Board of Commissioners on the Laws con-
on the militia, cerning the Militia," passed on the twenty-sixth of April,
eighteen hundred and forty-seven. [Approved by the Gov-
ernor^ Jan. 21, 1848.]
/^' /I/' 2 Resolve authorizing the Treasurer to borrow Money in anticipation of the
Resolved^ That the treasurer of this Commonwealth be,
Treasurer to and he hereby is, authorized to borrow, in anticipation of
mor!y &c.^^^ the rcceipts of the present year, of any of the banks of this
Commonwealth, or of any corporation therein, or of any in-
dividual or individuals, such sum or sums of money as may,
from time to time, be necessary for the payment of the ordi-
nary demands on the treasury, at any time before the expi-
ration of fifteen days after 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 ap-
The whole sum propriatcd, shall be received into the treasury : p7'ovided,
borrowed not to ^Q^gyg- that the wholc amouiit borrowed iDy authority
$200,000 at any hereof, and remaining unpaid, shall not, at any time, exceed
*""?• the sum of two hundred thousand dollars. [Approved by
the Governor^ Jan. 26, 1848.]
Chat). 3. Resolve for furnishing the County of Nantucket with the State Map.
Resolved, That the secretary of the Commonwealth be.
Secretary to and he is hereby, directed to furnish the county of Nan-
maps of ai°e tucket with two copies of the State map, to supply the place
1848.- — Chap. 3, 4, 5, 6. 819
of those destroyed by fire, in the month of July, in the year state to Nan-
one thousand eight hundred and forty-six. [App7'oved by *"*^^^*-
the Governor, Feb. 16, 1848.]
Resolve to pay for procuring Copies of Documents from the Public Offices of (JJiqj)^ 4.
France. ^
Resolved, That, in addition to previous appropriations for ^^^^ ^^^ ^^^_
procuring copies of documents from the pubhc offices of umentsfrom
France, illustrative of the colonial and provincial history of France,
this Commonwealth, there be appropriated the sum of four-
teen hundred and sixty dollars for that purpose ; and that
the governor be authorized and requested, upon the satisfac-
tory completion of the work, to draw his warrant upon the
treasurer, in favor of Benjamin Perley Poore, the agent
employed for this purpose under the resolve passed on the
twenty-third day of January, in the year one thousand
eight hundred and forty-five, for the above sum of fourteen
hundred and sixty dollars, which shall be in full satisfaction
of all moneys expended by him, and all labor performed by
him, in the execution of that agency, to its completion.
[Approved by the Governor, Feb. 17, 1848.]
Resol\'x on the Petition of the Selectmen of the Town of Danvers, for Reim- QhCLV. 5
bursement of Money paid for Military Services. -* '
Resolved, for reasons set forth in said petition, that there ™,.,-.. ,
1 11 T 1 -1 r i ^ r- , ^ Militia bounty,
be allowed and paid, out oi the treasury of the Common- ,9173, to Dan-
wealth, to the treasurer of the town of Danvers, the sum of ^^'■^•
one hundred and seventy-three dollars, in full for money
paid in the year one thousand eight hundred and forty-
seven for militia bounty, and that a warrant be drawn ac-
cordingly. [Approved by the Governor, Feb. 28, 1848.]
Resolve on the Petition of George Stacey. Oh mi fi
Resolved, That the said George Stacey, for the reasons
set forth in his said petition, be authorized to hold and dis- claim of Com-
pose of the parcel of land mentioned and described in his monweaith to
said petition, free and clear of any claim of the Common- sta'ie "^ '^^"'^^
wealth thereto; to wit: a certain parcel of land, situate in released.
the South Parish of Reading, in the county of Middlesex,
and Commonwealth aforesaid, described substantially as
follows : on the easterly side of the Medford and Andover
Turnpike Road, containing one acre, and bounded, begin-
ning at the north-west corner, by said road; thence south,
by said road, twelve rods; thence south, seventy-six degrees
east, by land of the heirs of Edmund Parker, deceased, thir-
teen rods, eight and one third links, to a stake and stones;
thence north, fourteen degrees east, twelve rods, to a stake
and stones; thence north, seventy-six degrees west, by land
of said deceased, thirteen rods, eight and one third links, to
said turnpike road, the first-mentioned bound, [Approved
by the Governor, Feb. 28, 1848.]
820
1848.-
■Chap. 7, 8, 9.
ChctV. 7 Resolve on the Petition of the Overseers of the Poor of the Town of Ipswich.
Resolved, for reasons set forth in said petition, tiiat there
Ipswich allowed ^^6 paid, out of the treasury of the Commonwealth, to the
gi4i 48. treasurer of the town of Ipswich, the sum of one hundred
and forty-one dollars and forty-eight cents, in full discharge
of the account of said town, for attendance and supplies
rendered, in the year one thousand eight hundred and forty-
seven, to certain persons, non-residents within the state,
sick with the small-pox ; and that a warrant be drawn
accordingly. [Approved by the Governor, Feb. 29, 1848.J
Cha'p. 8.
Allowance to
Saugus for
paupera, ^33 '
Chap. 9.
Wife of David
Ralhbun author-
ized, being' a
minor, to join
with her hus-
band in con-
veying real es-
tate, devised to
her by her
father.
Resolve on the Petition of Benjamin F. Newhall, for allowance of a Pauper
Account to the Town of Saugus.
Resolved, for reasons set forth in said petition, that there
be allowed and paid, out of the treasury of the Common-
wealth, to the treasurer of the town of Saugus, the sum of
thirty-three dollars and four cents, in full discharge of said
account, and that a warrant be drawn accordingly. [Ap-
proved by the Governor, March 3, 1848.]
Resolve on the Petition of David Ralhbun and Wife.
Resolved, for reasons set forth in said petition, that Ada-
line B. Rathbun, a minor, under the age of twenty-one
years, and wife of David Rathbun, is hereby empowered to
join with her said husband, in executing any deed or deeds
of certain real estate, situate in Springfield, devised to said
Adaline B., by her father, Chester Cooley, late of said
Springfield, deceased, testate, described as follows, to wit :
That portion of the wood-lot adjoining Bircham, commen-
cing at a stake standing at the north-west corner of land set
off to the children of Emeline Gasner, and running norther-
ly on the west line of the east branch of said lot, thirty-six
rods and ten links, to a corner of said lot, near the north
side of a swamp ; thence, east sixteen degrees north, thir-
teen rods, to a corner of said lot: thence, south nine links,
to a stake standing at the south-west corner of land set off
to widow Cynthia Cooley ; thence, easterly on a line of
marked trees, by land of said Cynthia, to the east hne of
said lot; thence, southerly on the east line thereof, forty-two
rods, to land set off to the children of Emeline Gasner,
aforesaid; thence, west two degrees north, on a line of
marked trees, by land of said children, thirty-four rods and
twenty links, to the first-mentioned corner, containing nine
acres of land more or less : and any deed or deeds, duly ex-
ecuted by said Adaline B., jointly with her said husband, of
the above-described real estate, shall be good and sufficient
in law, and as effectual to convey her interest and estate in
the premises therein described, as if she were of full age.
[Appi'oved by the Governor., March 3, 1848.]
1848. Chap. 10, 11, 12, 13, 14. 821
Resolve on the Petition of the Trustees of the State Lunatic Hospital. C'hfir) 10
-Resolved, for reasons set forth in said petition, that there
be paid, out of the treasury of this CommonweaUh, to the $44243 ai-
treasurer of the state hinatic hospital, for the support of lowed for state
state hmatic paupers, the sum of four hundred and forty- ^"'""''' p^"P«'s-
two dollars and forty-eight cents ; and that the governor
draw his warrant therefor, accordingly. [Approved by the
Governor, March 13, 1S48.]
Resolve on the Petition of David P. Billings. ChCLV- 1 1 •
Resolved, for reasons set forth in said petition, that there
be paid, out of the treasury of this Commonwealth, to Da- giis to David
vid P. Billings, of Ware, in the county of Hampshire, for P-Biiiings, for
the arrest of a fugitive from justice, the expenses thus in- gu'ive'from "'
curred, amounting to the sum of one hundred and eighteen justice,
dollars; and that the governor draw his warrant therefor.
[Approved by the Governor^ March 15, 1848.]
Resolve for the payment of certain Pauper Accounts. y-Y7 1 n
Resolved, That there be allowed and paid, out of the treas- ^ '
ury of the Commonwealth, to the several corporations and „ ,
•' i- 1 • ^i • n .1 - For the support
persons mentioned m the accompanymg roll, the sum of of paupers,
seventy-five thousand and eighteen dollars twenty-nine ,?75,oi8,29.
cents in full discharge of the accounts to which it refers;
and that a warrant be drawn accordingly : 2}?-ovided, that
all payments made under this resolve shall be made upon
the condition, that the cities, towns, and individuals, so re-
ceiving the same, shall respectively refund to the treasurer
of the Commonwealth such sums as shall be found to have
been illegally charged in the accounts upon which such
payments are made. [App}^oved by the Governor, March
18, 1848. J
Resolve on the Petition of the Overseers of the Poor of the Town of Chelsea. Qhan 13
Resolved, for reasons set forth in said petition, that there
be allowed and paid, out of the treasury of the Common- For state pau-
wealth, to the treasurer of the town of Chelsea, the sum of pt^rsin I846,
ninety-five dollars and nine cents, in full discharge of all chdsea.'°
claims by said town, for the support of state paupers, for
the year one thousand eight hundred and forty-six ; and
that a warrant be drawn accordingly. [Approved by the
Governor, March 18, 1848.]
Resolve on the Petition of the Trustees of the Massachusetts Charitable Qhar) 14.
Eye and Ear Infirmary. ■^'
Resolved, for reasons set forth in said petition, that there
be allowed and paid, out of the treasury of the Common- annum fo^five
wealth, the sum of two thousand dollars per annum to the years.
trustees of the Massachusetts Ej'-e and Ear Infirmary, for
the term of five years from the fourteenth day of April
105
822 1848. Chap. 14, 15, 16, 17, 18, 19.
next, in aid of the charitable purposes of said infirmary ;
and that warrants be drawn accordingly. [Approved by the
Governor, March 22, 1848.]
Chap. 15.
68 to Han-
Resolve on the Petition of the Overseers of the Poor of the Town of Han-
cock.
Resolved, for reasons set forth in said petition, that there
cock fo/state"" ^® paid, OLit of the treasury of this Commonwealth, to the
pauper. town of Hancock, for expenses incurred by said town for
the support of one Peter Crocker, a state pauper, now de-
ceased, the sum of thirty-four dollars and sixty-eight cents,
in full; and that the governor draw his warrant therefor,
accordingly. [Approved by the Governor, March 22, 1848. J
Char) 1 6 ■^^^°^'^^ °^ ^^^ Petition of the School Committee of the Town of Southamp-
Resolved, That there be reserved, out of the present year's
ton its"iia^rT^of income of the school fund, for the benefit of the town of
school fund for Southampton, a sum equal to that which said town would
^^' have received from the mcome of the same for the last year,
if the returns of said town had been fully made; and that
the sum so reserved be added to the share, if any, to
which said town may be entitled in the present year's
income of said fund. [Ajiproved by the Governor, March
22, 1848.J
Chnn 1 1 Resolve on the Petition of the Selectmen of the Town of Stockbridge.
* Resolved, for reasons set forth in said petition, that there
S25 55 for a ^® allowcd and paid, out of the treasury of the Common-
state pauper. Wealth, to the treasurer of the town of Stockbridge, tlie
sum of twenty-five dollars and fifty-five cents, in full dis-
charge of all claims by said town for the support of Nancy
Duncan, late a state pauper, deceased ; and that a warrant
be drawn accordingly. [Approved by the Governor, March
24, 1848.]
Ch/tn 1 P, Resolve for Repairs on the State House.
' i?eso/yec?. That the sum of one thousand dollars be appro-
Sioooforre- priatcd for making necessary repairs upon the state house,
pairs on state and that the same be expended under the direction of the
house. sergeant-at-arms, the accounts thereof to be audited and
paid agreeably to the provisions of the act passed on the
eighteenth day of March, in the year one thousand eight
hundred and forty-one, entitled "An Act relating to the
State House." [A]>proved by the Governor, March 31, 1848.]
Chnn 1 Q Resolve concerning the State Reform School Buildings.
' Resolved, That, for the purpose of completing the reform
«2iooofor school buildiugs, and furnishing the same for the superin-
compieting and tendeut, Steward, and one hundred boys, in addition to
1848. Chap. 19, 20, 21, 22. 823
former appropriations, there be hereby appropriated the furnishing the
sum of twenty-one thousand dollars ; and the governor, ?'^''"°' ^"'''^'
witli the advice and consent of the council, is hereby au-
thorized to draw his warrant therefor on the treasurer of
this Commonwealth, in favor of the commissioners for
erecting said buildings. [Approved by the Governor. Api^il
1, 1848.J
Resolve for Payment to the Widow of the late Samuel Hubbard, Associate Chop. 20.
Justice of the Supreme Judicial Court. ■^*
Resolved, That there be paid to the widow of the late Quarter's pay
Samuel Hubbard, one of the associate-justices of the su- to widow of Mr.
preme judicial court, out of the treasury of the Common- ^ard"^^ ""'^
wealth, such sum of money as would have been due to
him, had he continued to discharge the duties of his office
from the time of his decease to the first day of April of the
present year ; and that his excellency the governor draw
his warrant therefor. [Approved by the Governor, April 1,
1848. J ' /- '
Chap. 21.
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 as-
sessed, paid, collected, and applied, according to law, viz : —
county of Essex, thirty-two thousand six hundred dollars ;
county of Middlesex, fifty-nine thousand six hundred and
seventy-five dollars; county of Worcester, thirty-five thou-
sand dollars; county of Hampshire, nine thousand dollars;
county of Hampden, fourteen thousand five hundred dol-
lars; county of Franklin, eight thousand five hundred dol-
lars ; county of Berkshire, fifteen thousand dollars ; county
of Norfolk, seventeen thousand five hundred dollars ; coun-
ty of Plymouth, twelve thousand dollars; county of Bris-
tol, twenty-five thousand dollars; county of Barnstable, six
thousand five hundred dollars ; county of Dukes, two
thousand five hundred dollars. [Approved by the Governor^
April 5, 1818.J
Resolve on the Petition of I. J. Wetherbee, Pastor of the First Free-will fJhcL'D, 22
Baptist Society in Charlestovvn. ■» *
Resolved, for reasons set forth in said petition, that the a .h ■ d t
said I. J. Wetherbee, pastor of the first freewill baptist so- convey, in fee,
ciety in Charlestown, or his successor in the said office, is property held
hereby authorized and empowered to convey, to the said first '" "^ ^ '
freewill baptist society, discharged from all trusts and con-
ditions, in fee simple or otherwise, by suitable deed or deeds,
all that property, situate in said Charlestown, which he now
holds in trust, for the use of said first freewill baptist so-
ciety, under a deed of James Kurd and others, dated March
824
1848. Chap. 22, 23, 24, 25, 26.
CAa/?. 23.
New towns to be
furnished with
all volumes,
&c., to which
towns are en-
titled.
the second day, in the year one thousand eight hundred and
thirty-nine. [App)-ovcd by the Governor^ April 5, 1848.
Resolve for furnishing certain Towns with the Law Reports, Revised
Statutes, General and Special Laws, and Map of the Commonwealth.
Resolved^ That the secretary of the Commonwealth be,
and he is hereby, directed to furnish each of the towns which
have been incorporated since the year one thousand eight
hundred and thirty-seven, and which have not already been
so furnished, and also each town which may hereafter be
incorporated, with complete sets of the Massachusetts Re-
ports, Pickering's Reports, and Metcalf 's Reports, also with
a copy of the Revised Statutes, and copies of such of the
general and special laws of the Commonwealth as lie may
have in his office, and, also, with a copy of the state map.
And the secretary is hereby authorized to purchase such of
the reports aforesaid as may be necessary to carry into ef-
fect this resolve ; and his excellency the governor is hereby
authorized to draw his warrant for the cost of the same,
accordingly. [Ajiproved by the Governor^ April 5, 1848.]
Resolve on the Petition of Hiram L. Poland.
Resolved, for reasons set forth in said petition, that there
be paid, out of the treasury of this Commonwealth, to Hi-
ram L. Poland, of Winchendon, in the county of Worces-
ter, for injuries received at a military review, and by the
explosion of a musket furnished by die Commonwealth, the
sum of eight hundred and fifty dollars in full for injuries so
received ; and that the governor draw his warrant therefor,
accordingly. [Approved by the Governor, April 17, 1848.]
or Resolve on the Petition of the Board of Health of the Town of Somerville.
Resolved, for reasons set forth in said petition, that there
$i9593toSom- ^^ allowed and paid, out of the treasury of the Common-
erviiie on ship- Wealth, to the treasurer of the town of Somerville, the sum
fever account. q£ q^q hundred and ninety-five dollars and ninety-three
cents, in full for expenses incurred on account of alien pau-
pers infected with ship-fever, and that the governor draw
his warrant therefor, accordingly. {Approved by the Gov-
erjior, April 18, 1848.]
Secretary au-
thorized to pur-
chase law re-
ports, if neces-
sary.
Chap. 24.
S850 allowed to
H. L. Poland,
of Winchendon.
Chap.
Chap. 26,
To render valid
proceedings of
the society.
Resolve on the Petition of the North Baptist Society in Dorchester.
Resolved, for the reasons set forth in said petition, that the
time during which the clerk of said society is authorized to
leave, with the town clerk of the town of Dorchester, a
copy of the record of the proceedings of the meeting at
which the said society was organized as a corporation, be
extended to the expiration of ten days from the time when
this resolve shall be approved by the governor ; and if the
1848. Chap. 26, 27, 28, 29, 30. 825
said copy of the record of proceedings be left with th.e said
town clerk, to be recorded within the said period, then all
the proceedings of said society shall be held valid, in the
same manner as if the copy of the said record had been
left with the town clerk within ten days after the meeting
at which the said society was organized as a corporation.
[Approved by the Governor^ April 18, 1848.]
Resolve on the Petition of the Board of Health of the Town of Danvers. Chctp, 27.
Resolved, for reasons set forth in said petition, that there
be allowed and paid, out of the treasury of the Common- $i\ 82 to Dan-
wealth, to the treasurer of the town of Danvers, the sum of vers on ship-
seventy-one dollars and eighty-two cents, in full for ex-
penses incurred in providing for and supporting William
Gordon, while sick and infected with ship-fever; and that
the governor draw his warrant therefor, accordingly. [Ap-
proved by the Governor, April 18, 1848.]
Resolve on the Petition of the Guardian of the Punkapog Indians. ChdV' 28.
Resolved, for reasons set forth in said petition, that there
be paid out of the treasury of the Commonwealth, to ^70 72toThos.
Thomas French, guardian of the Punkapog Indians, the ^'fenci^guard-
' » r a ' lan of Puuka-
sum 01 seventy dollars and seventy-two cents, and that the pog Indians,
governor draw his warrant therefor accordingly. [Apj)roved
by the Governor, April 20, 1848.]
Resolve relating to the Marshpee Indians. Ch(tp» 29.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Charles Marston, com- §434 56 to c.
missioner and treasurer of the district of Marshpee. the sum Marshpee'"'
of four hundred and thirty-four dollars and fifty-six cents, Indians.
for the support of state paupers, for the year ending Novem-
ber the first, eighteen hundred and forty-seven ; and that a
warrant be drawn accordingly. [Approved by the Governor,
April 20, 1848. J
Chap. 30.
Allowance to
Resolve on the Petition of the School Committee of the Town of Barnstable.
Resolved, That there be reserved, out of the present year's
income of the school fund, for the benefit of the town of
Barnstable, a sum equal to what the town would have re- Barnstable of
ceived from the income of the same, for the last year, if the scho'dTund for
returns of the town had been received at the office of the 1846.
secretary of state within the time allowed by law to the
school committees of the towns and cities in the Common-
wealth for making their returns ; and that the sum so re-
served be added to the share, if any, to which the said town
of Barnstable may be entided, in the present year's income
of said fund. [Approved by the Governor, April 20, 1848.]
826 1848. Chap. 31, 32, 33, 34, 35.
ChctJ) 31. Resolve on the Petition of Daniel Davis.
Resolved, That there be allowed and paid, out of the
gn 74toD. treasury of the Commonwealth, to Daniel Davis, of Web-
Davis for Dud- ster, the sum of twenty-two dollars and seventy-four cents,
ey n lans. ^^^ ^.^j^ ^^^ medicine and medical attendance for several of
the Dudley Indians, to December first, in the year one thou-
sand eight hundred and forty-seven, and that the governor
draw his warrant therefor, accordingly. [Appioved by the
Governor, April 20, 1848.]
Chap. o2.. Resolves concerning the Construction of a Railroad from Lake Michigan to
the Pacific Coast.
Railroad to Pa- Resolved, That a railroad from Lake Michigan to the
cific Ocean. Pacific Coast is highly desirable, and, if practicable, should
be constructed.
Resolved, That it would be suitable and proper to appro-
priate to the object of constructing such a road, a part of
the public lands along the line of its route, so that the sale
and settlement of those lands may be connected with the
construction of the road.
Resolved, That this subject be respectfully commended to
the attention of our senators and representatives in Con-
gress. l^Apjiroved by the Governor, Ajnil 20, 1848.]
ChCiV' 33. Resolve in favor of the Chappequiddic and Christiantown Indians.
Resolved, That there be allowed and paid, out of the
^43 24toL. treasury of the Commonwealth, to Leavitt Thaxter, guard-
Thaxter for sup- jg^j^ Qf []^q Indians at Chappequiddic and Christiantown, the
L°atn". '°""^^ sum of forty-thrcc dollars and twenty-four cents for moneys
already expended in support of Thomas Laton, and also
the farther sum of fifty dollars, for the future support of
said Laton ; and that the governor draw his warrant there-
for, accordingly. [Appi'oved by the Governor, April 20,
1848.]
Chap. 34. Resolve relating to the Fall River Indians.
Resolved, That there be allowed and paid, out of the
^214 66 to H. treasury of the Commonwealth, to Holder Wordell, guardian
Wordeii, for ^f the Fall River Indians, the sum of two hundred and
diLs. "^"^ "" fourteen dollars and sixty-six cents, being for the balance of
said guardian's account, approved by the judge of probate
for the county of Bristol on the fourth day of January, in
the year one thousand eight hundred and forty-eight. [Ap-
proved by the Governor, April 21, 1848.]
Chap. 35.
Resolve on the Petition of Otis Vinal.
Resolved, for reasons set forth in said petition, that the
Sale of real es- ^^^^ ^^ Certain real estate, belonging to George Carleton,
tate made valid, situated in Charlestowu, in the county of Middlesex,
bounded northerly by land of Kendall Bailey, and being
1848. Chap. 36, 36, 37, 38, S9. 827
the same estate formerly set off to Elizabeth Carleton,
which was made by said Otis Vinal, as guardian of said
George Carleton, at public auction, on the sixth day of
June, in the year one thousand eight hundred and forty-
four, to one William B. Sawyer, be, and hereby is, con-
firmed, and made valid and effectual to convey said real
estate. [App7'oved by the Governo?-, April 21, 1848,]
Resolve in favor of the Town of Nantucket. OhciT) SQ
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the town ^263 64, to
of Nantucket, the sum of two hundred and twelve dollars Nantucket, on
and fifty-four cents, being the amount paid by the town of acclunt!"^^"^
Nantucket to the trustees of the state lunatic hospital, for
the support of Mary Cameron ; also, the further sum of
fifty-one dollars and ten cents, for the support of John
Weston, a state pauper, for two years, ending NoA'-ember
thirtieth, eighteen hundred and forty-seven ; and that a
warrant be drawn accordingly. [Apjjroved by the Governor,
April 21, 1848.]
Resolve for furnishing the Town of Fall River with certain Books. Chat) 37.
Resolved, That the secretary of the Commonwealth be,
and he is hereby, directed to furnish the town of Fall River Books lost by
with copies of such volumes and pamphlets of the Laws fire in Fail
and Resolves of the Commonwealth, passed before the third J^pjaced.''^
day of July, of the year one thousand eight hundred and
forty-three, as now are in, or may come into, his office, to
supply the place of those destroyed on that day by fire.
[Apptroved by the Governor, April 21, 1848.]
Resolve on the Petition of the Barnstable County Agricultural Society. ChaV. 38.
Resolved, for reasons set forth in said petition, that there
be paid, out of the treasury of this Commonwealth, to the ^322 to Bam-
Barnstable County Agricultural Society, the sum of three stable Agricui-
hundred and twenty-two dollars, being the same sum to '""^^ ociej.
which said society would have been entitled, had a return
been seasonably made; and that a warrant be drawn
therefor accordingly. [Approved by the Governor, April 21,
1848.]
Resolve on the Petition of E. M. P. Wells and others. ChaV. 39.
Resolved, for reasons set forth in said petition, that there
be paid, out of the treasury of this Commonwealth, to Han- $250 to widow
nah S. Sargent, of Boston, in the county of Suffolk, widow of George Sar-
of George Sargent, deceased, and for her sole use and ben- f^" waTchman*'"
efit. the sum of two hundred and fifty dollars, and that a of the state-
warrant be drawn accordingly. [Approved by the Gover- °"^^"
?ior, April 24, 1848.]
828
1848. Chap. 40, 41, 42.
Chap. 40.
Resolve on the Petition of Peter Clark.
Resolved^ for reasons set forth in said petition, that Peter
Clark, of Tewksbury, in the county of Middlesex, adminis-
trator of the estate of Ambrose Clark, late of said Tewks-
notice; &c.
Administrator
of estate of Am-
authorized to bury, deceased, be hereby authorized to make and file, in
file affidavit and the probate office for said county, within six months after
the passage oi this resolve, an ailidavit, such as is pre-
scribed in the case of administrators and executors by the
sixteenth section of the seventy-first chapter of the Revised
Statutes, together with a copy of the notice of the time and
place of sale of the real estate of said deceased, situate in
said county ; said sale having been made by said adminis-
trator, under a license granted by the court of probate
holden at Cambridge on the twelfth day of January, in the
year eighteen hundred and forty-one : provided^ that the
said Peter Clark shall, first, give such notice as the judge of
probate for said county shall order, of his intention to file
such affidavit and copy of notice : and provided that, in the
judgment of said judge of probate, no sufficient cause be
shown why the same may not be filed : and such affidavit
and copy of notice, thus filed, shall be as effectual, for all
purposes, as if the same had been filed within the time re-
quired by law. [Approved by the Governor, April 25, 1848.]
Proviso.
Proviso.
Chap, 41,
Discliarged
from liie pay-
ment of
;g 107,651 05.
Chap. 42.
g 10,000 appro-
priated con-
ditionally.
S8,000, ad-
ditional, for
buildings, farm
stock, &c.
Resolve on the Accounts of the Land Agent.
Resolved, That George W. Coffin, land agent of the
Commonwealth for selling the public lands in the State of
Maine, be, and he is hereby, discharged from the payment
of the sum of one hundred and seven thousand six hundred
and fifty-four dollars and five cents, the sum specified as
received in his account, as rendered from the first day of
January, in the year one thousand eight hundred and forty-
seven, to the first day of January, in the year one thousand
eight hundred and forty-eight. [Apj)roved by the Governor,
April 25, 1848.]
Resolves in aid of the State Reform School.
Resolved, That, whenever the trustees of the State Reform
School shall certify to the governor and council that the
sum often thousand dollars has been paid into their hands,
then a like sum of ten thousand dollars shall be paid from
the treasury of the Commonwealth ; which said sums,
united, shall constitute a fund, the income of which shall
be expen(3ed, at the discretion of the trustees, for the benefit
of the State Reform School.
Resolved, That the farther sum of eight thousand dollars
shall be paid to the said trustees of the State Reform School,
for the erection and repairs of farm-buildings, for purchase
of farm-stock and farming implements, for payments of
salaries, and for purchase of clothing for the institution, and
1848. Chap. 43, 44, 45. 829
that warrants be drawn for the above purposes accord-
ingly. [Approved by the Governor, Aiiril 25, 1848.]
Resolve upon the Petition of William Dehon and others, and Henry K. Qhrtr) 4S
Burguyu and Wife. -t '
Resolved, for the reasons set forth in said petitions, that ^^
the decrees of the court of probate for the county of Nor- judge of pro-
folk, dividing the estates of David S. Greenough, John bate in Norfolk
Greenough, and Jane D. Greenough, of said county, de- '^°" ™^
ceased, and the decree, appointing the trustee under the
will of said John Greenough, be, and the same are, hereby
confirmed, so far as such decrees divided and distributed
the property of the estates aforesaid among the heirs and
legatees of the same, named in the above petitions; and
that the respective titles of such heirs and legatees be, and
the same are, hereby confirmed. And Henry K. Burguyn,
Anne G. Burguyn, and the present and any future trustees
of said Anne, interested in said estates, are hereby author-
ized to confirm all titles heretofore made by them, or either
of them, in accordance with the trusts of any portion of
said estates decreed to the said Anne, by the said court of
probate. [Approved bi/ the Governor, April2o, 1848.]
Resolve on the Petition of the Trustees of the Grammar School in the n}ir,n AA
easterly part of Roxbury. ^nu;p. ^^,
Resolved, for reasons set forth in said petition, that said . , . ,
trustees be, and they are hereby, authorized to release and conVeyinfee
convey in fee, by deeds duly executed, all, or any parts, of certain lands,
the lands and real estate belonging to, or held by, said trus-
tees, under the will of Thomas Bell, and which said trus-
tees have heretofore leased for terms of years ; and that all
deeds and grants of lands and real estate, by said trustees
heretofore made, and executed under said will, be, and the
same are, hereby confirmed and made valid; and said trus-
tees are hereby directed, and required, to invest the pro- investment of
ceeds of sales of all or any of said lands, as soon as con- P™ceedsof
veniently may be after such sales, in other real estate, in
railroad stocks in Massachusetts, in state or United States
stocks, or to loan the same upon bonds and mortgages,
according to the discretion of said trustees, and to appro-
priate the income thereof for the uses and purposes ex-
pressed in said will. [Approved by the Governor, April 25,
1848.J
Resolve on the Petition of the Berkshire County Agricultural Society. Ohnr) A^
Resolved, for reasons set forth in said petition, that the
president and treasurer of the Berkshire County Agriculiu- Authorized to
ral Society be allowed to amend their return, made to the amend return,
secretary's office in January, in the year one thousand
eight hundred and forty-eight, at any time on or before the
106
830
1848. Chap. 45, 46, 47, 48, 49.
Chap. 46.
Relieved from
penalty.
Chap. 47.
Executor of
will of Stephen
A. Keyes au-
thorized to file
affidavit and
notice.
Proviso.
Proviso.
Chap. 48.
To amend re-
turn for 1848.
Chap. 49.
To refund ^119
' to Thomas
Dix on.
first day of June next, by filing a certificate, under oath, of
the amount of their funds. [^Approved by the Governor,
April 26, 1848.J
Resolve on the Petition of the County Commissioners of the County of
Norfolk.
Resolved, That, for reasons set forth in said petition, that
the penalty incurred by said commissioners, by their neglect
to make a return of the map of said county, according to the
provisions of the two hundred and forty-first chapter of the
acts of the year one thousand eight hundred and forty-six,
be remitted them. [Apj^roved by the Governor, Ajiril 26,
1848.]
Resolve on the Petition of Trueworthy Keyes.
Resolved, for reasons set forth in said petition, that True-
worthy Keyes, of Westford, in the county of Middlesex,
executor of the last will and testament of Stephen A.
Keyes, late of said Westford, deceased, be hereby author-
ized to make, and file in the probate ofiice of the county of
Middlesex, within six months after the passage of this re-
solve, an aflidavit, such as is prescribed, in the case of
executors and administrators, by the sixteenth section of
the seventy-first chapter of the Revised Statutes, together
with a copy of the notice of the time and place of sale of
certain real estate, situate in said town of Westford, be-
longing to the estate of said deceased, said sale having been
made by said executor under a license granted by the court
of probate holden at Cambridge on the eighteenth day of
March, in the year one thousand eight hundred and forty-
five : provided, that the said Trueworthy Keyes shall first
give such notice, as the judge of probate for said county
shall order, of his intention to file such affidavit and copy
of notice: and provided, that, in the judgment of said judge
of probate, no sufficient cause be shown why the same may
not be filed : and such affidavit and copy of notice, thus
filed, shall be as effectual, for all purposes, as if the same
had been filed within the time required by law. [Approved
by the Governor, April 29, 1848.]
Resolve on the Petition of the Bristol County Agricultural Society.
Resolved, for reasons set forth in said petition, that the
president and treasurer of the Bristol County Agricultural
Society be allowed to amend their return made to the secre-
tary's office in January, in the year one thousand eight
hundred and forty -eight. [Approved by the Governor, May
2, 1848.]
Resolve on the Petition of Thomas Dixon.
Resolved, for reasons set forth in said petition, that there
be paid, out of the treasury of the Commonwealth, to
1848. Chap. 49, 50, 51, 52, 53. 831
Thomas Dixon, of Boston, attorney of August Eimke, of
Flensburg, in Denmark, trustee and guardian of Jonas Pe-
terson, deceased, the sum of one liundred and nineteen
dollars, in full for the amount paid into the treasury of the
Commonwealth, on the twenty-eighth day of September, in
the year one thousand eight hundred and forty, by a decree
of the court of probate; and that a warrant be drawn
therefor, accordingly. [Approved by the Governor, May 2,
1848.]
Resolve on the Petition of the Inhabitants of the Town of Cumminglon. ChcU). 50
Resolved, That there be reserved, out of the present year's
income of the school fund, for the benefit of the town of ^o receive
Cummington, a sirni equal to what that town would have share of school
received from the income of the same for the year one thou- f"nd for 1843.
sand eight hundred and forty-three, if the returns of that
town had been received at the office of the secretary of
state within the time allowed, by law, to the school commit-
tees of the towns and cities of the Commonwealth, for
making their returns; and that the sum so reserved be
added to the share, if any, to which the said town of Cum-
mington may be entitled, in the present year's income of
said fimd. [Approved by the Governor, May 3, 1848.]
Resolve to pay for Fuel, and for other purposes. ChoV. 51.
Resolved, That there be paid, out of the treasury of this
Commonwealth, to the sergeant-at-arms to the general to sergeant at
court, the sum of twenty-five hundred dollars, to enable ^"^^ S^oo
him to purchase fuel and other necessary articles, for the purchase of fuel
use of the general court and the several offices in the state- for the state-
house ; and that warrants be drawn accordingly. [Ap- °"*^'
proved by the Governor, May 3, 1848.]
Resolve to pay the Doorkeepers, Messengers, and Pages, of the Senate and ChttV* 52.
House of Representatives.
Resolved, That there be allowed and paid, out of the to doorkeepers
treasury of this Commonwealth, to the doorkeepers and and messengers
messengers of the senate and house of representatives, the pager si%6*°
sum of two dollars each per day, and to the pages of the per day.
senate and house of representatives, each, the sum of one
dollar and fifty cents per day, for each and every day's
attendance during the present session of the legislature;
and that warrants be drawn accordingly. [Approved by
the Governor, May 3, 1848.]
Resolve to pay the Assistant Messenger to the Governor and Council. ChttV. 53.
Resolved, That there be allowed and paid, out of the to assistant
treasury of this Commonwealth, to the assistant messenger messenger of
to' the governor and council, the sum of two dollars for foundi^/s"
each and every day he has been, or may be, employed in per day.
832
1848. Chap. 53, 54, 55.
Chap. 54.
Division, &c.,
of estate of
John Brazer,
deceasedj con-
firmed.
Chap. 55.
Petitioner au-
thorized to sell
certain real es-
tate : resolves
1845, ch, 91.
Investment of
proceeds by
trustee, &c.,
Petitioner to
give bonds.
Trustee to give
bonds.
that capacity, during the sessions of the council the present
poHticai year, and that warrants be drawn accordingly.
[Approved by the Governor^ May 3, 1848.]
Resolve on the Pelition of William Ingalls, and others.
Resolved, That, for reasons set forth in the said petition,
the division and partition of the real and personal estate of
John Brazer, late of Boston, in the county of Suffolk, de-
ceased, returned to the probate court for said county of Suf-
folk, and accepted by a decree thereof passed on the twen-
ty-second day of September, in the year one thousand eight
hundred and twenty-eight, be hereby ratified, confirmed,
and established, and that the same be forever hereafter
deemed and taken to be legal and binding, upon all persons
and to all intents and purposes whatsoever. [Approved by
the Governor, May 3, 1848.]
Resolve on the Petition of Sarah W. Hale.
Resolved, for the reasons set forth in said petition, that
the said Sarah W. Hale be, and she is hereby, author-
ized and empowered to sell, at any time, at public or private
sale, at her discretion, all the real estate described in a re-
solve of the legislature of Massachusetts, passed on the
eighteenth day of March, in the year one thousand eight
hundred and forty-five, being cliapter ninety-one of resolves
of that year, which has not been sold under the authority
of the same. And the said Sarah shall pay over the pro-
ceeds of said sales to the surviving trustee, appointed in and
by the last will and testament of Moses Brown, Esquire,
late of Newburyport, in the county of F^ssex, deceased ;
and the said trustee shall hold and invest the same, to the
same uses, and ultimate disposal, as is provided in said will
respecting the real estate above referred to : provided, that
the said Sarah W. Hale shall give satisfactory bonds to the
judge of probate for the county of Essex, before any sale
shall be made under this resolve, that she will faithfully ex-
ecute the power hereby committed to her, and will pay over
said proceeds, in full, to said trustee, immediately after re-
ceiving the same : aiid provided, also, that the said trustee
shall first give satisfactory bonds, to the said judge of pro-
bate, that he will faithfully execute the powers hereby
granted to him : and provided, further, that whenever the
proceeds of sales of said real estate shall amount to the sum
of ten thousand dollars, new bonds, with new sureties, shall
be given to the judge of probate aforesaid, by the said Sarah
W. Hale, and also by the said trustee, before any further
sales shall be made. And whenever the said proceeds of
sales shall amount to twenty thousand dollars, then other
new bonds, with new sureties, shall be given as above
insane pauper.
1848. Chap. 66, 56, 51, 58, 59. 833
stated ; and so on, as often as there shall be sales made Conditions un-
amounting to an additional ten thousand dollars ; in any case, bondl'^shairbr
new bonds shall be required, as above, before any further given hypeti-
sales shall be made. And no sale under this resolve shall J^^^er and trus-
be valid, unless the above conditions are fully complied
with. [App7^oved by the Gove7-7wr, May 6, 1848.]
Kesolve in favor of the County of Norfolk. Chdp. 5Q.
Resolved, for reasons set forth in said petition, that there
be allowed and paid, out of the treasury of the Common- $<nz 93, for
wealth, to the treasurer of the county of Norfolk, the sum support of an
' Till inQnn#» naiinpr.
of two hundred and seventy-three dollars and nmety-three
cents, in full for the support of William Broadbent, an in-
sane state pauper, to the thirty-first day of December, in the
year one thousand eight hundred and forty-seven ; and that
a warrant be drawn therefor, accordingly. [Approved by
the Governor, May 6, 1848.]
Resolve in favor of the Town of Randolph. Chctp, 5T.
Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to the treasurer of the ^89, for state
town of Randolph, the sum of eighty-nine dollars, in full paupers.
for expenses incurred for certain state paupers infected with
ship-fever, as set forth in the account rendered ; and that a
warrant be drawn therefor accordingly. [Approved by the
Governor, May 8, 1848.]
Resolve on the Petition of Abijah Harrington. ChciV' 58.
Resolved, for reasons set forth in said petition, that there
be paid, out of the treasury of the Commonwealth, to Abi- Abijah Harring-
jah Harrington, of Lexington, in the county of Middlesex, ton, of Lexing-
for revolutionary services, the sum of seventy-five dollars ^"s^perTnnum
per annum during his natural life, said sum to be paid an- for revoiutiou-
nually, on or after the first day of June, and that a warrant ^""^ services,
be drawn therefor, accordingly. [Approved by the Govern-
or, May 8, 1848.]
Resolve for the pay of the Clerks of the Legislature. Phnr) ^Q
Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to the clerk of the senate ^^ ^^^^^^ ^jq
and the clerk of the house of representatives, each, the sum pe*rday;\as-
of ten dollars per day ; and to the assistant clerk of the J'"*"'^ ^^ P®"^
senate and the assistant clerk of the house of representa- ^^'
tives, each, the sum of six dollars per day, for each and
every day they have been, or may be, employed in that ca-
pacity, during the present session of the legislature ; and
that there be further paid to the clerk of the senate and to For copying
the clerk of the house of representatives, the sum of one journals, $\oo
hundred dollars each, for copying the journals for the libra- *° ^^"^ ''^'''•
ry, as required by the orders of the two houses, and that
834 1848. Chap. 59, 60, 61.
warrants be drawn accordingly. [Approved by the Gov-
ernor, May, S, 1848.]
Chap, 60. Resolve oa the Petition of Michael Quinn.
Resolved, for the reasons set forth in said petition, that all
Rights of Com- the rights which this Commonwealth has acquired, or may
monweaith by acquire, by escheat, in and to certain real estate, situated in
in Springfield Springfield, in the county of Hampden, viz : the real estate
fi^h^Vo ■ described in the deed of William Child to Peter Quinn,
dated on the fifteenth day of July, in the year one thousand
eight hundred and thirty-nine, and registered in book one
hundred and third, at page four hundred and ninety-fourth of
the registry of deeds, for said county ; also, in the deed of
Lydia Sargeant to Peter Q-uinn, dated on the first day of
September in the year one thousand eight hundred and
thirty-eight, and registered in said registry, in book one hun-
dred and sixth, at page one hundred and eighty-first; also,
in the deed of Justice Willard to Peter Quinn, dated on the
twentieth day of September in the year one thousand eight
hundred and thirty-eight, and recorded in said registry, in
book one hundredth, and at pages three hundred and ninety-
sixth and three hundred and ninety-seventh; also, in the
deed of John B. D welly to George Col ton, dated on the
third day of November in the year one thousand eight
hundred and thirty-two, and recorded in said registry, in
book one hundred and first, at page one hundred and sixty-
seventh, be, and the same hereby are, granted to said
Michael Quinn. [Approved by the Governor, May 8, 1848.]
ChdV 61 Resolve for the pay of the Council, Senate, and House of Representatives.
Resolved, That there be paid, out of the treasury of this
To members of Commonwealth, to each member of the senate and house of
council, senate, representatives, two dollars for each and every day's at-
fep'le^°emltlves, tendance during the present political year, and the sum of
S"! per diem; ' two dollars for cvcry ten miles travel, from their respective
g2\i!itenmi\L pl^ccs of abode, oucc in each session, to the place of the
sitting of the general court ; and also to each member of
the council two dollars per day for each day's attendance at
that board, at every session thereof during the present
political year, and the sum of two dollars for every ten
miles travel from their respective places of abode, once in
each session thereof. And to the president of the senate,
and the speaker of the house of representatives, each, the
sum of two dollars per day, for each and every day's at-
tendance, in addition to their pay as members ; and that
warrants be drawn accordingly. [Approved by the Gov-
ernor, May 8, 1848.]
1848. Chap. 62, 63, 64, 65. 836
Resolve in favor of the City of Lowell. Chap. 62.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the city ,^1222 43 to
of Lowell, the sum of twelve hundred and twenty-two Lowell on sick
dollars and forty-three cents, in full for expenses incurred aSoumT^'^
for state paupers sick with contagious disease for the year
ending December thirty-first, one thousand eight hundred
and forty-seven, and that a warrant be drawn therefor, ac-
cordingly. [Approved by the Governor, May 8, 1848.]
Resolve relating to the Dudley Indians. Chop. QS»
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Amos Shumway, guard- 5191 10 to the
ian of the Dudley Indians, one hundred and ninety-one s"j|''^'an fo^
dollars and ten cents, in full discharge for all moneys paid, ^^P^ ^*' '
and liabilities incurred, as said guardian, prior to the thir-
tieth day of December, in the year one thousand eight
hundred and forty-seven ; and that a warrant be drawn
therefor, accordingly. [Approved by the Governor, May 8,
1848.]
Resolve on the Petition of Jonathan Harrington. ChdD. 64.
Resolved, for reasons set forth in said petition, that there
be paid, out of the treasury of the Commonwealth, to Jona- Jonathan Har-
than Harrington, of Lexington, in the county of Middlesex, rington, of Lex-
r ,.<-'' . "1 ,- ^ c in nigton, allowed
for revolutionary services, the sum 01 seventy-rive dollars ^5 per annum
per annum during his natural life, said sum to be paid an- forrevoiutiona-
nually on or after the first day of June; and that a warrant '">'^"^"=^*-
be drawn therefor, accordingly. [Approved by the Governor,
May 8, 1848.]
Resolves concerning Training and Teaching Idiots. ChttO 65
Resolved, That there be paid, out of the treasury of the
Commonwealth, a sum not exceeding twenty-five hundred a sum not ex-
dollars annually, for the term of three years, for the pur- ceeding gssoo
pose of training and teaching ten idiotic children, to be se- fraJnk)g^ &c.,
lected, by the governor and council, from those at public ten idiotic chii-
charge, or from the families of indigent persons in different '^^°'
parts of the Commonwealth : provided, that an arrangement Proviso.
can be made by the governor and council with any suitable
institution now patronized by the Commonwealth for chari-
table purposes : and provided, that said appropriation shall Proviso.
not be made a charge upon the school fund.
Resolved, That the trustees of the institution undertaking Account gf
the instruction and training of said idiots shall, at the end Ij-amilfff, &c"'to
of each and every year, render to the governor and council be rendered'
an account of the actual expense incurred on account of ^"""i'l'L'"^*'^
•jj- Twi ' 11. ,1,1 1 ernor and coun-
said idiots; and, it the amount expended shall be less than cii.
the sum received from the public treasury, the unexpended
balance shall be deducted from the amount of the next
annual appropriation.
836
1848. Chap. 65, 66, 61,
^si7s"ucl°chiV- Resolved, That the said trustees shall be authorized to re-
dren with cloth- quire that the authorities of any town which may send any
ing, if paupers, jfjioj- pauper to them for instruction, be required to keep
them supphed with comfortable and decent clothing.
Resolved, I'hat the governor be authorized to draw his
warrant for twenty-five hundred dollars, on the treasurer of
the Commonwealth, in favor of the treasurer of any insti-
tution which shall take the responsibility of training and
teaching said ten idiots, as soon as he shall receive official
information that the trustees will assume that responsibility.
[Approved by the Governor, May 8, 1848.]
Governor au-
thorized to
draw hiS war-
rant.
Chap. 66.
Allowance to
commissioners,
for depositions,
counsel, and
witnesses, on
questions of
boundary be-
tween R. Island
and Massachu-
setts, before
committee of
legislature.
CUaip. 67.
Towns in north
district for
registry of
deeds in Berk-
shire County, to
vote on the
question of re-
moving the
office.
Resolve in favor of Harrison G. 0. Colby and others.
Resolved, That there be allowed and paid, out of the treasu-
ry of the Commonwealth, to Harrison G. O. Colby, the sum of
two hundred and forty-nine dollars and ninety-two cents, in
full for his services and expenses in taking depositions rela-
tive to the Rhode Island boundary ; to Myron Lawrence, the
sum of one hundred and seventy-six dollars and fifteen
cents ; to William Baylies, the sum of one hundred and
thirty-three dollars ; and to Johnson Gardner, the sum of one
hundred and forty-six dollars and twenty-five cents, in full
for their services, as commissioners upon said boundary, be-
fore a joint committee of the present legislature : also, to
William P. Sheffield, the sum of six dollars and twenty
cents ; to Nathaniel B. Borden, the sum of seven dollars
and sixteen cents ; to James C. Starkweather, the sum of
seven dollars and twenty cents; to Edward S. Wilkmson,
the sum of six dollars and twenty cents; to Worcester Car-
penter, the sum of six dollars and twenty cents ; to H. B.
Anthony, the sum of four dollars and thirty-six cents; to
John W. Richmond, the sum of four dollars and thirty-six
cents ; to Stephen Branch, the sum of ten dollars and thirty-
six cents; to Alfred Bosworth, eleven dollars and sixteen
cents ; and to Simeon Borden, the sum of ten dollars, in full
for their several fees for attendance, as witnesses, before the
same committee. [Approved by the Governor, May 9, 1848.]
Resolve on the Petition of Nathan Western and others.
Resolved, That the selectmen of the several towns com-
posing the north district, for the registry of deeds, in the
county of Berkshire, are hereby authorized and directed to
call legal meetings of the inhabitants of their respective
towns, duly qualified to vote in town affairs, to be held on
the second Monday of November next, for the purpose of
giving in their affirmative or negative ballots on the ques-
tion, viz : " Shall the office for the registry of deeds, in the
north district of the county of Berkshire, be removed from
its present location in Lanesborough, and established in
South Adams ?
1848. ChXp. 67, 68, 69. 837
And at said meetings the selectmen shall receive, sort, Selectmen to
and count, the ballots which may be given in, and shall Sle'of the"^"
cause the number of yeas and nays, which may be given in result to the
answer to said question, to be recorded in their respective coramonw°e*a£
town records ; and shall transmit a certificate thereof,
signed by them, and countersigned by the town-clerks, re-
spectively, to the secretary of the Commonwealth, on or
before the second Wednesday of January next, to be by
him laid before the general court. [A^jpi-oved by the Gov-
ernor, May 9, 184S.J
Resolve in favor of the Town of Fall River. ChCLV, 68,
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the town 53,043 83 to
of Fall River, the sum of three thousand and forty-three Fail River for
dollars and eighty-three cents, in full for expenses incurred jHlluary^^si,
by said town, through their board of health, to the thirty- I8J8. under act
first day of January, in the year one thousand eight bun- 244 '*^'^p-
dred and forty-eight, under the statute of the year one
thousand eight hundred and thirty-seven, chapter two hun-
dred and forty-fourth ; and that a warrant be drawn there-
for accordingly. [Approved by the Governor, May 9, 1848.]
Resolve on the Petition of Mary L. Faulkner. ChcLV. 69.
Resolved, for reasons set forth in said petition, that said
Mary L. Faulkner, widow of Enoch Faulkner, late of Authorized to
Hamilton, in the county of Essex, deceased, be, and hereby sell land in
is, authorized to sell, at public auction or at private sale, as ^"" '**"■
may to her seem expedient, a certain parcel of land, with
the buildings thereon, situated in the town of Hamilton
aforesaid, bounded, beginning at the north-westerly corner, Bounds,
by land now, or late, of William Foster, and running south,
about twenty-one degrees west, on the county road, seven
rods eighteen links and one half, to the corner of the road
that leads to Mills River; thence south, thirty-three de-
grees east, by said road leading to Mills River fourteen
rods, to land now or late of Daniel Hunt ; thence north,
about fifty degrees east, by said Hunt's land, thirteen rods,
to the corner of William Foster's land ; thence by the said
William's land, westerly, to the first-mentioned bounds, by
the county road, with all the privileges and appurtenances
thereto belonging ; and to make and execute good and suffi-
cient deeds thereof, in fee simple, to the purchasers : pro- Proviso.
vided, however, that, previous to any sale, the said Mary L.
Faulkner shall give bonds, with sufficient sureties, to the
judge of probate for the county of Essex, binding her to
invest the proceeds of said real estate in some safe stocks,
or other safe securities, and to hold the same for the same
uses and purposes, under the same restrictions and limita-
tions, and for the same ultimate disposal and distribution, as
107
1848. Chap.^69, 70, 71, 72, 73.
Chap. 70.
Allowance of
g 17,023 72 on
various ac-
counts.
Proviso.
are provided in the will of said Enoch Faulkner concerning
said real estate. [Ajiproved by the Governor., May 10,
1848.]
Resolve for the payment of sundry Miscellaneous and other accounts.
Resolved^ That there be allowed and paid, out of the
treasury of the Commonwealth, to the several corporations
and persons mentioned in the accompanying roll, the sum of
seventeen thousand twenty-three dollars and seventy-two
cents, in full discharge of the accounts to which they refer,
and that a warrant be drawn accordingly : provided, that
all payments made under this resolve, shall be made upon
the condition that the corporations and persons so receiving
the same, shall respectively refund to the treasurer of the
Commonwealth such sums as shall be found to have been
illegally charged in the accounts upon which such payments
are made. [Approved by the Governor, May 10, 1848.]
f^hriT) 71 Resolve to pay the Chaplains of the Legislature.
Resolved, That there be allowed and paid, out of the
;g80 to chaplain treasury of this Commonwealth, to the chaplain of the
of senate, ^40 Senate, the sum of eighty dollars, and to the chaplains of
lain^o^fVo^iTseof ^^^ housc of representatives, the sum of forty dollars each,
representatives, for their services in that capacity during the present session
of the general court ; and that warrants be drawn accord-
ingly. [Approved by the Governor, May 10, 1848.]
Chap. 72.
Treasurer to
pay notes due
by the Com-
monwealth to
Western Rail-
road Corpora-
tion, under
direction of the
governori
Mode of pay-
ment.
Chap. 73.
Governor au-
thorized to in-
quire into the
execution of an
act ceding land
to the United
States, in Feb-
ruary, 1828.
Resolve to authorize the payment of certain Notes to the Western Railroad
Corporation.
Resolved, That his excellency the governor be, and he is
hereby, authorized to direct the treasurer and receiver gen-
eral to pay two several notes of the Commonwealth to the
Western Railroad Corporation, amounting to the sum of
one hundred and thirty-two thousand and three hundred
dollars, with the interest accruing thereon, or to make par-
tial payments on said notes, from lime to time, whenever
there are any moneys in the treasury not otherwise appro-
priated, and which may be deemed applicable to such pay-
ment. [Approved by the Governor, May 10, 1848.]
Resolves authorizing His Excellency the Governor to institute certain in-
quiries.
Resolved, That his excellency the governor of the Com-
monwealth be requested, and he is hereby authorized, to
inquire into the purposes and objects of an act passed on the
twentieth day of February, in the year one thousand eight
hundred and twenty-eight, whereby a certain tract of land
was ceded to the United States ; whether said land has
been used for any purpose in contravention of the purposes
and objects of said act, and whether any legislative or other
action be necessary under the circumstances of the case.
1848. Chap. 73, 74, 75. 839
Resolved, further^ That his excellency the governor be re- Governor to
quested to communicate the result of said investigation to r^slliT to'S^
the next legislature. [App)'oved by the Gove?'nor, May 10, next legislature.
1848.]
Resolve on the Petition of James Baker. ChttJ). 74.
Resolved, for reasons set forth in said petition, that there
be allowed and paid, out of the treasury of the Common- Revolutionary
wealth, to James Baker, of Franklin, in the county of Nor- J^jj^^'^"^'"'.
folk, the sum of fifty dollars annually, on the first day of of F^anidinT'
June, during his natural life, in consideration of his ser- ^30 per annum,
vices as a soldier in the war of the revolution; and that a
warrant be drawn therefor accordingly. [Approved by the
Governor, May 10, 1848.]
Resolves concerning the Boundary Line between the States of Rhode Island QhaV. 75,
and Massachusetts. ■^'
Resolved, That his excellency the governor, by and with Qgyg^norand
the advice and consent of the council, is hereby author- council to ap-
ized to appoint one or more commissioners, not exceed- p."'"' <=o/n'n's-
t^r _ . '. sioners to de-
ing three, to act m conjunction with commissioners on the termine the line
-part of the stale of Rhode Island, to settle and determine between Massa-
*, , . , , .1 r 1 xi ^ chusetts and
the line between the said states, from the north-east corner Rhode island,
of the state of Rhode Island to the ocean, and to report the toactwithcom-
same, and all their doings, to the governor and council, so Rhode"isfand.
that the same may be laid before the next legislature; and
if such line, as may be by said commissioners agreed on,
shall be ratified and confirmed by the respective legislatures
of said states, the same shall, with the approval of Con-
gress, be forever deemed and held the true boundary line of
said states between the termini aforesaid. And the gov- Governor and
ernor and council are hereby authorized to audit and settle and°s*^et/]° ^c".''''
the accounts of said commissioners, and draw a warrant on counts of the
the treasurer therefor, who is authorized to pay the same, commissioners.
Resolved, That, if such boundary line shall not be ratified ^^J^"j^^°°*
and confirmed, as aforesaid, before the first day of May in afdTratified'be-
the year one thousand eight hundred and forty-nine, the Jo/ejMay 1st,
., , i-j -.-.x 1 1849, governor
governor IS hereby authorized to institute such process as amhorized to
he may deem proper, in the supreme court of the United institute process
States, for the purpose of having a final adjudication upon court''of"united
said line. states.
Resolved, That the proceedings of the majority of the Proceeding-s of
commissioners appointed, under a resolve of the year one ofTm^an"^"
thousand eight hundred and forty-four, in establishing a nulled,
line between this Commonwealth and the state of Rhode
Island, from Burnt Swamp Corner to the ocean, be, and the
same are, hereby made null and void.
Resolved, That the governor be requested to transmit, to These resolves
his excellency the governor of the state of Rhode Island, a mined to gov-
copy of these resolutions. [Approved by the Governor, May emor of Rhode
10, 1848.] ^''^"''-
840
1848. Chap. 76, 77, 78, 79.
Duty of secre-
tary of slate in
relation to pros-
ecution of vio-
lators of the
law to prevent
encroachments
in Boston Har-
bor.
Chap. 76. Resolves relating to Encroachments in Boston Harbor.
Resolved^ I'hat the secretary of the Commonwealth shall,
without delay, furnish, to the attorney of the Common-
weahh for the county of Suffolk, and to the attorney for
the Northern District, an attested copy of the report made
by Joseph Bell and Ezra Lincoln, Jr., commissioners ap-
pointed under the resolve of the sixteenth day of Marcli,
in the year one thousand eight hundred and forty-six, to
his excellency the governor, dated the first day of Decem-
ber, in the year one thousand eight hundred and forty-six,
and a plan of the harbor lines; also, an attested copy of this
resolve. And the said attorneys are hereby required, with-
out unnecessary delay, to prosecute all violations of the law
passed on the nineteenth day of April, in the year one thou-
sand eight hundred and thirty-seven, entitled "An Act to
preserve the Harbor of Boston, and to prevent Encroach-
ments therein," or of any subsequent law made for the same
purpose.
Resolved^ That each of said attorneys be paid, out of the
treasury of the Commonwealth, the sum of thirty dollars,
for extra services and assistance, in each case that he
may prosecute to final judgment, in pursuance of the above
resolve, within two years from the passage of this act.
[Approved by the Governor, May 10, 1848.J
Resolve in favor of the Town of Dighton.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the town
of Dighton, the sum of fourteen dollars and sixty cents, in
full for the amount deducted from their account for the
support of stale paupers, which amount had not been paid
said town, and that a warrant be drawn tiierefor accord-
ingly. [Approved by the Governor, May 10, 1848.]
Resolve to pay sundry Witnesses' Accounts.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the several persons men-
tioned in the accompanying roll, the sums set against their
several names respectively, amounting, in the whole, to the
sum of one hundred and nineteen dollars and thirty-two
cents, the same being in full discharge for their services and
demands as witnesses, in the investigation of certain charges
against a director of the Western Railroad, during the
present session of the general court, and that a warrant be
drawn accordingly. [Aimrovcd by the Governor, May 10,
1848. J
Resolve relating to the Flats in the Harbor of Boston.
Resolved, That the governor is hereby authorized, with
Governor toap- the advlce and coHsent of the council, to appoint three or
point commis- ' '^^
Pay of pros-
ecuting attor-
neys.
Chap. 11,
Allowance of
$14 60 to
Dighton, on
Slate pauper
account.
Chap. 78.
«1 19 32 allowed
to witnesses, in
the examination
of charges
against a direct-
or of the West-
ern Railroad.
Chap. 79.
1848. Chap. 79, 80, 81, 82. 841
more suitable persons, as commissioners, to consider, and sioners, to re-
report to the next legislature, what are the rights and the Teg'^isiriure.al^to
duties of the Commonwealth in relation to the flats in the the rights of the
harbor of Boston. Also, to consider whether the public in°t'heflat^^n
good requires that any portion of said flats should be filled, Boston Harbor,
and to what extent, and whether the maritime interests do
now, or probably may hereafter, require the excavation of
any part of them, to enlarge the harbor accommodations ;
and, if it shall be deemed expedient to fill any of said flats,
then to report the outlines of a plan for that purpose, and
the terms upon which such filling up should be authorized.
[Approved by the Governo?-, May 10, 1848.]
Resolve for furnishing certain Towns with Copies of the Revised Statutes QfittJ) 80.
and the State Map. "'
Resolved, That the secretary of the Commonwealth is ggp^etar ofth
hereby authorized to purchase such number of copies of the Commonwealth
Revised Statutes, and of the State Map, as may be neces- ^"^^ase V°
sary to comply with the resolve passed on the fifth day of vised sTatufes
April, in the year one thousand eight hundred and forty- and state Map,
eight, in relation to the same, and his excellency the gov-
ernor is hereby authorized to draw his warrant accordingly.
[Ajjpjoved by the Governor, May 10, 1848. J
Resolves on Reduction in the Rates of Postage. Chfin 81
Resolved, That the result of the partial reduction made
by the general government in the rates of postage, together Further reduc-
with the success of the postage reform in England, warrant lion of postage
the belief that a still further reduction, and a uniform rate ''^*"'^^'®-
of postage, would greatly conduce to the general diftusion of
knowledge, and may be made, without endangering the
revenue of the post-oflice department.
Resolved, That the foregoing report, together with the Senators and
accompanying resolves, be forwarded to our senators and '^^''m^^"'^!!!,^^^
representatives in congress, and that they be requested to setts in Con-
use their influence to secure the passage of such a law as is s^^^^ requested
contemplated in said report, or such modification of the ex- °P''°'"°^' •
isting laws relating to postage, as, in their judgment, will
promote the best interests of the whole community. [A^j-
proved by the Governor, May 10, 1848.]
Chap. 82.
Resolve relating to Indians within the Commonwealth.
Resolved, That his excellency the governor, with the ad-
vice and consent of the executive council, is hereby author- ^
, . , -11 , . . Governor to ap-
ized to appoint three suitable persons to be commissioners, point commis-
whose duty it shall be to visit the several tribes and parts sioners, to re-
of tribes of Indians remaining within this Commonwealth, Teg'isirtur^e^on
to examine into their condition and circumstances, and re- ^« condition,
port to the next legislature what legislation, in their opinion, dian tribes, «fec.
is necessary, in order best to promote the improvement and
842 1848. Chap. 82, 83, 84, 86.
interests of said Indians ; and the accounts of said commis-
sioners, for their services and expenses, shall be audited by
the governor and council ; and, when allowed, warrants
may be drawn therefor accordingly. [App?'oved by the Gov-
ernor, May 10, 1848.]
Chat)' 83. ^^soLVE concerning the Boundary Line between Williamsburg and Whately.
Resolved, That three commissioners be appointed by the
Governor and govcmor, with the advice and consent of the council, who
council to ap- shall, bcforc the next session of the general court, proceed
mlssioierMo""' ^^ ascertain what is the true and actual boundary line be-
ascertain true twcen WilHamsburg and Whately. Said commissioners
beiwee7vvn- ^^^'^ ^avc powcr to send for persons and papers, and to ad-
liamsburgand minister oaths to persons appearing to testify before them;
Whately. ^^^ gj^g^jj make report to the next legislature. And an
Power of com- account of all costs and expenses, arising under and by vir-
To make report tuc of this rcsolve, shall be stated by said commissioners,
to next iegisia- and rendered to the county commissioners of the counties of
Hampshire and Franklin, who shall audit said account, and
Costgandex- shall Certify to the respective treasurers of said counties
ge"sm'ed°^n° ^^^^^^ allowance of the whole, or of such part thereof as they
dered,and paid, shall deem reasonable; and the sum so allowed shall be
paid by said treasurers, one half by each. [Approved by
the Governor, May 10, 1848.]
Chap. 84. I^ESOLVK in addition to Resolves relating to the Survey of Boston Harbor.
Resolved, That the commissioners, appointed under the
Commissioners, resolves passed on the seventh day of April, in the year one
under resolves thousaud eight hundred and forty-seven, are hereby author-
i847'"t'o define ^^^d and directed to define, upon a plan, or plans, such lines
lines in certain in that portion of the harbor of Boston lying between East
KtorHarbor, Bostou and Chelsca, and known as Chelsea Creek, as they
beyond which ' shall think expedient to establish, beyond which no
notTobeS-' wharves, or other structure, shall be extended into and
tended; ovcr the tidc-watcrs of the Commonwealth; also, to ascer-
strurti^i!s'in°^' ^^"^ v/liethcr any obstructions are forming in Fort Point
Fort Point Channel, in the harbor of Boston, and whether any legisla-
S'report' their *^°'^ ^^ uccessary to prevent or remove the same : and said
doings to -ov- commissioners shall report their doings to the governor and
councih"'' council on or before the first day of December next; and
Commissioners Said commissiouers shall give at least ten days' notice, in
to give notice of three newspapers published in Boston, of the time and place
time and place r-.i- • • n. ,i' i*^
of their meeting, ot their meeting, in order that all persons interested may
appear, and be heard in relation to the same. [App?'oved by
the Governor, May 10. 1848,]
Chav. 85. ^^^^^^''•^ respecting the furnishing of Standard Weights, Pleasures, and Bal-
-t * * ances, to Counties, Cities, and Towns.
Governor t Resolved, That his excellency the governor, by and with
po'int c"o°mmis^-^' the advice and consent of the council, be, and he is hereby.
1848. Chap. 85. 843
authorized and empowered to appoint two commissioners, sioners, to su-
, . . . ^ . , 1 T 1 perintend the
who, m conjunction with the treasurer and receiver-general furnishing of
of the Commonwealth, shall constitute a board, to carry into "^^^^^^^^ ^^* ***
eifect, on the part of the Commonwealth, the provisions of *^°"" '^^'
an act passed at the present session of the legislature, en-
titled "An act in addition to an act concerning weights,
measures, and balances;" and it shall be the duty of said
commissioners to procure, and cause to be furnished to the
treasurers of the several counties, cities, and towns of this
Commonwealth, the standard weights, measures, and bal-
ances, according to the provisions of that act: provided, Proviso.
that the Avhole expense incurred under this resolve shall not
exceed the sum of fifty-two thousand dollars ; and his ex-
cellency the governor is hereby authorized to draw his war-
rants accordingly, from time to time, on the treasurer of the
Commonwealth.
Resolved, That the commissioners, appointed under the Commissioners
foregoing resolve, be, and they are hereby, authorized to ^gj^hTs'&c
dispose of and sell any old and useless measures, weights,
scales, and appendages, which may remain on hand, the
property of the Commonwealth ; and they shall pay over
the proceeds of such sales into the treasury of the Common-
wealth. [Approved by the Governor, May 10, 1848.]
844
PAUPER ACCOUNTS.
ROLL OF PAUPER ACCOUNTS.
[See Resolve, Chap. 12, p. 821.]
SUFFOLK COUNTY.
Boston, for support of State paupers, including
' burials, ...... $13,639 93
Chelsea, for do. do. . . . . 221 14
$13,861 07
ESSEX
COUNTY.
Beverly, for
support, &c
, of State paupers
$20 52
Boxford,
do.
do.
17 OS
Bradford,
do.
do.
5 87
Danvers,
do.
do.
249 21
Gloucester,
do.
do.
125 18
Haverhill,
do.
do.
47 59
Lynn,
do.
do.
416 70
Lawrence,
do.
do.
516 67
Manchester,
do.
do.
30 40
Newburyport,
do.
do.
156 99
Rockport,
do.
do.
217 33
Rowley,
do.
do.
4 41
Salem,
do.
do.
2,224 27
Salisbury,
do.
do, -
58 20
Saugus,
do.
do.
25 55
West Newbury,
do.
do.
150 75
MIDDLESEX COUNTY.
Brighton, for support, &c., of State paupers
Cambridge, do. do.
Charlestown, do. do.
Chelmsford, do. do.
Concord, do. do.
Dracut, do. do.
Framingham, do. do.
Holliston, do. do.
Hopkinton, do. do.
Lexington, do. do.
Lincoln, do. do.
$4,266 77
$32
68
1,365
66
2,906
11
33 81
44 48
53
17
216
77
89
00
6 23
5
00
PAUPER ACCOUNTS.
846
Littleton,
Lowell, do.
Medford, do.
Natick, do.
New ton, do.
Somerville, do.
Stoneham, do.
Stow, do.
Townsend, do.
Tyngsborough, do.
Waltham, do.
Watertown, do.
Wayland, do.
West Cambridge, do.
Weston, do.
Woburn, do.
for support, &c., of State paupers.
$49 1;
do.
2,983 15
do.
37 48
do.
43 98
do.
139 51
do.
88 17
do.
47 00
do.
8 53
do.
6 65
do.
25 55
do.
4(5 30
do.
356 26
do.
28 76
do.
3 99
do.
25 55
do.
19 76
$8,662 70
WORCESTER COUNTY.
Ashburnham, for
support, (fcc.
of State paupers
$17 70
Athol,
do.
do.
60 52
Brookfield,
do.
do.
27 55
Charlton,
do.
do.
7 42
Douglas,
do.
do.
27 92
Fitchburg,
do.
do.
205 24
Grafton,
do.
do.
41 91
Lancaster,
do.
do.
114 33
Leicester,
do.
do.
125 58
Lunenburg,
do.
do.
1 96
Men don.
do.
do.
2 17
Mil ford,
do.
do.
18 64
Millbury,
do.
do.
46 80
New Braintree,
do.
do.
12 SO
Northbridge,
do.
do.
3 08
Oxford,
do.
do.
51 38
Petersham,
do.
do.
51 10
Royals ton.
do.
do.
90 22
Rutland,
do.
do.
16 94
Southboro',
do.
do.
5 73
Spencer,
do.
do.
4 55
Sterling,
do.
do.
8 19
Sturbridge,
do.
do.
25 55
Templeton,
do.
do.
9 24
Upton,
do.
do.
3 30
Uxbridge,
do.
do.
111 22
Warren,
do.
do.
29 59
Webster,
do.
do.
2 45
Westboro',
do.
do.
42 17
108
846
PAUPER ACCOUNTS.
Westminster,
Winchendon,
Worcester,
Blackstone,
for support, &c., of State paupers,
do. do.
do. do.
do. do.
HAMPSHIRE COUNTY.
HAMPDEN COUNTY.
$5
56
58
03
808
11
61
38
$2,098 33
Amherst,
for
support.
&c.,
of State paupers
$17 30
Belchertown,
do.
do.
91
Easthamptoti,
do.
do.
79 45
Enfield,
do.
do.
2 52
Hatfield,
do.
do.
4 20
Northampton,
do.
do.
151 26
Worthington,
do.
do.
61 10
$306 74
Bland ford,
for
support, &c.
of State paupers
$51 10
Brimfield,
do.
do.
53 70
Chester,
do.
do.
63 52
Granville,
do.
do.
25 55
Longmeadow,
do.
do.
9 97
Russell,
do.
do.
31 15
South wick.
do.
do.
10 98
Springfield,
do.
do.
912 42
Westfield,
do.
do.
29 74
West Springfield,
do.
do.
40 85
Wilbraham,
do.
do.
25 55
$1,259 53
FRANKLIN COUNTY.
Charlemont,
for support, &c.
of State paupers
$38 67
Coleraine,
do.
do.
65 82
Conway,
do.
do.
19 95
Deerfield,
do.
do.
25 55
Erving,
do.
do.
8 05
Greenfield,
do.
do.
67 36
Heath,
do.
do.
16 03
Leyden,
do.
do.
62 86
Montague,
do.
do.
18 76
New Salem,
do.
do.
3 85
Orange,
do.
do.
53 00
Shutesbury,
do.
do.
160 84
Whately,
do.
do.
30 69
$571 43
PAUPER ACCOUNTS.
847
BERKSHIRE COUNTY.
Adams, for snpp
Cheshire, do.
Dahon, do.
Egreniont, do.
Great Barrington, do.
Hancock, do.
Lanesboro', do.
Lee, do.
Lenox, do.
Otis, do.
Peru, do.
Pittsfield, do.
Richmond, do.
Sandisfield, do.
Sheffield, do.
Stockbridge, do.
Washington, do.
West Stockbridge, do.
WiUiamstown, do.
te paupers
$269 13
do.
66 36
do.
40 15
do.
116 80
do.
121 20
do.
59 22
do.
169 28
do.
65 70
do.
63 50
do.
61 68
do.
24 20
do.
168 33
do.
38 17
do.
43 61
do.
42 70
do.
46 24
do.
117 23
do.
31 50
do.
66 26
$1,611 26
Bellingham,
Braintree,
Brookline,
Canton,
Dedham,
Dorchester,
Med way,
Milton,
Needham,
Quincy,
Randolph,
Roxbury,
Stoughton,
Walpole,
Weymouth,
Wrentham,
NORFOLK COUNTY.
for support, &c., of State paupers.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
do.
$5 70
68 81
220 79
21 95
72 10
74 47
23 87
77 18
53 97
116 26
242 44
7,316 47
27 18
5 88
38 43
7 63
58,373 13
BRISTOL COUNTY.
Attleborough, for support, &.C., of State paupers,
Dartmouth, do. do.
$4 27
41 79
848
PAUPER ACCOUNTS.
Dighton,
for support, &c.,
of State paupers.
Fall River,
do.
do.
New Bedford,
do.
do.
Pawtiicket,
do.
do.
Raynham,
do.
do.
Seekonk,
do.
do.
Somerset,
do.
do.
Taunton,
do.
do.
Westport,
do.
do.
PLYMOUTH COUNTY.
DUKES COUNTY.
Edgartown, for support, &c., of State paupers.
-$25
20
1,302
96
1,294 60
162
04
25
55
7
36
37
69
463 20
51
10
$3,415 76
Duxbury,
for support, &c., of State paupers
$44 73
East Bridgewater, do. do.
22 61
Hanover,
do. do.
15 65
Hingham,
do. , do.
11 97
Marsh field,
do. do.
6 02
Middleborough
do. do.
63 03
North Bridgewater, do. do.
104 56
Pembroke,
do. do.
80 51
Plymouth,
do. do.
41 71
Rochester,
do. do.
73 74
Scituata,
do. do.
44 70
Wareham,
do. do.
47 36
$556 59
BARNSTABLE COUNTY.
Dennis,
for support, &c., of State paupers
18 25
Orleans,
do. do.
25 55
Sandwich,
do. do.
54 14
Yarmouth,
do. do.
17 01
;114 95
$25 55
NANTUCKET COUNTY.
Nantucket, for support, &c., of State paupers,
$181 99
PAUPER ACCOUNTS.
849
RECAPITULATION.
Suffolk County,
$13,861 07
Essex do.
4,266 77
Middlesex do.
8,662 70
Worcester do.
2,098 33
Hampshire do.
306 74
Hampden do.
1,259 53
Franklin do.
571 43
Berkshire do.
1,611 26
Norfolk do.
8,373 13
Bristol do.
3,415 76
Plymouth do.
556 59
Barnstable do.
114 95
Dukes do.
25 55
Nantucket do.
181 99
-
$45,305 80
STATE LUNATIC PAUPERS.
Suffolk County, for support of 157 State lunatic
paupers, ......
Essex County, for support of 46 State lunatic
paupers, ......
Middlesex County, for support of 46 State luna-
tic paupers, . . .
Worcester State Lunatic Hospital, for support of
154 State lunatic paupers,
Berkshire County, for support of 2 State lunatic
paupers, ......
Norfolk County, for support of 3 State lunatic
paupers, ......
City of New Bedford, for 1 State lunatic pauper,
Town of Cummington, for 1 do. do.
Town of Sandwich, for 1 do. do.
$9,940 40
3,680 98
2,968 06
11,386 90
200 00
300 00
13 93
100 00
55 42
$28,645 69
SMALL POX PAUPERS.
City of Boston, .....
$48 41
City of New Bedford, ....
121 24
City of Cambridge, ....
400 94
City of Salem, .....
334 70
Town of Chelsea, temporary hospital,
122 24
$1,027 53
860 PAUPER ACCOUNTS.
INDIAN PAUPERS.
Herring Pond Indians, .... $25 55
Gay Head Indians, . . . . 13 72
$39 27
RECAPITULATION.
State pauper accounts, .... $45,305 80
State lunatic paupers, .... 28,645 69
Small pox paupers, .... 1,027 53
Indian paupers, . . . . . 39 27
$75,018 29
MISCELLANEOUS ACCOUNTS.
851
ROLL
Of Sheriffs, Coronei'S, Military, Neivspaper, and Miscellaneous
Accounts, audited by the Committee on Accounts, afid rejiorted
to the Legislature, May 10, 1848.
[See Resolve, Chap. 70, p. 838.]
SHERIFFS.
Samuel Chandler,
$97
69
John W. Lincoln,
103
09
C. Rice,
20
01
S. H. Reed, .
43
02
E. F. Ensign,
76
95
J. N. E. Mann,
59
39
H. L. Danforth,
72
17
Branch Harlow,
51
89
Nathaniel Hinckley, .
E. Star buck, .
26
23
43
17
Isaiah D. Pease,
15
70
Joseph E. Sprague,
S. L. Hinckley,
Joseph Eveleth,
58
16
26
94
26
50
<fcfiQ1 21
iJpUi/i fcii.
CORONEE
IS.
William Andrews,
.
$80
84
Jabez Pratt, .
144 52 ^
WilUani Person,
23
50
Theodore Andrews,
106
00
Joseph Rice, .
Loammi Littlefield,
10 34
28 98
Abel Moore, .
3
00
Elijah Blake, .
22
84
Lewis Bass, .
45
32
Thomas Adams,
47 46
James Woodward,
37
33
Joseph Jackson,
Charles Smith,
^442 3^
19
60
N. Brown,
41 2:
B
Asa Matthews,
22 0(
)
Erastus Rugg,
23 1(
5
Thomas Sumner,
36 8
0
f^(\f^
53
1,135 26
0\jO
852
MISCELLANEOUS ACCOUNTS.
MILITARY ACCOUNTS.
H. K. Oliver, Inspector General, for year 1847,
Division Inspectors, ^25 per annum.
E. W. Stone, to Dec. 31, 1847, 12 months, $25 00
Thomas J. Adams, do. do. 25 00
Leonard S, Jones,
do.
do.
15 41
|156 64
65 41
Brigade Inspectors, $25 per annum.
N. A. M. Dudley, to December 31
1847, 11 months, 4 days, .
Vinson Blanchard, to December 31
1847, 12 months, .
A. L. Barrett, to October 9, 1847,
C. O. Wardwell, to January 1, 1848
Daniel Perkins, do. do.
C. B. Long, do. do.
L. S. Jones, to May 18, 1847,
William Keith, to January 1, 1848,
$23 15
25 00
19 37
5 36
25 00
25 00
9 59
15 41
Adjutants, $25 per annum
C. O. Wardwell, to October 13, 1847,
G. A. Burbank, to May 1, 1847,
Thomas J. Bowler, to January 1, 1848,
W. P. Arnold, to August 20, 1847, .
Jonathan Arnold, Jr., January 1, 1848,
Francis Allen, do. do.
Joseph W. Currier, to April 11, 1847,
Jonathan Gavett, to January 1, 1848,
E. W. Wilbur, to December 31, 1847,
John H. Fellowes,
Gilbert Ferrin,
Henry Merritt,
Sewall Richardson,
Jona. R. Childs,
Thomas B. Bartlett, to August 18, 1846,
D. B. Look, to May 1, 1S47,
Joseph Tombs, to January 1, 1848, .
do.
do
do.
do.
do.
do.
do.
do.
do.
do
UM.
$19
64
8
33
16
67
15
96
25
00
25
00
7 00
18
00
25
00
25
00
25
00
25
00
25
00
8
60
15
20
8
33
15
49
147 88
308 22
Appleton Howe,
Benjamin Adams,
David S. Jones,
Postage Accounts.
$8 10
3 75
10 29
MISCELLANEOUS ACCOUNTS.
853
Andrew Chase, Jr.,
Henry Dunham,
Henry Wilson,
George Hobbs,
Charles Devens,
Horatio Hawks,
J. W. Fenby,
Eliab Ward,
B. E. Cook, .
3 80
7 25
3 00
2 00
3 25
2 90
75
$49 43
Hauling Artillery.
Horace Hammond,
Joseph B. Richardson,
Asa S. Lawrence,
Jere. R. Cook,
Hamilton Brown,
John W. Rhodes,
James Bates,
W. W. Bullock,
Samuel S, Chase,
H. A. Bridgman,
George W. Brown,
Waltham,
|36 00
Charlestown,
21 00
Groton,
24 00
Gloucester,
18 00
Lynn,
18 00
Salem,
18 00
E. Bridgewater,
15 00
Boston,
14 25
Roxburv,
18 00
Belchertown,
31 50
Boston,
30 00
243 lo
NEWSPAPER ACCOUNTS.
1 33
Laws
Proprietor.
Taper.
Papers.
and Ad-
vertisi'g.
TotaL
Almy &L Milne, -
Fall River Weekly News,
_ -
$16 67
$16 67
D. F. Ashley, -
Hampden Post, -
$9 04
.
9 04
do.
Northampton Democrat,
2 68
-
2 68
E. Anthony, ^ -
Bristol Co. "
5 3(5
.
5 36
James Atkinson,
Lowell Courier &. Journal,
10 00
-
10 00
S. C. Baldwin, -
Plymoirth Rock,
4 00
-
4 00
Otis Brewer,
Cultivator,
37 26
-
37 26
Boston Wesleyan Ass'n,
Zion's Herald, -
15 30
-
15 30
Beals & Greene,
Boston Post, &c.
558 70
55 62
614 o2
Elihu Burritt, -
Christian Citizen,
13 54
-
13 54
J. D. Bates,
Westfield Standard,
1 00
.
1 00
George VV. Bazin,
Trumpet,
18 05
-
18 05
Samuel Bowles, -
Springfield Republican, -
23 00
-
22 00
Bradbury, Harmon & Co.
Boston Bee,
5 50
-
5 50
Bradbury & Guild,
Weekly Atheneum,
46 92
-
46 92
Chapman & Palfrey,
Salem Gazette, -
29 33
-
29 33
109
854
MISCELLANEOUS ACCOUNTS.
Newspaper Accounts — Conti?nied.
— -
Laws
Proprietor.
Paper.
Papers.
and Ad-
Total.
vertisi'g.
George R. Carleton,
Danvers Courier,
$10 50
_
#10 50
Henry Chickering,
Weekly Transcript,
9 00
-
2 00
D. Clark & Co. -
Alliance and Visiter,
10 20
.
10 20
J. D. Cushing, -
Berkshire Courier,
1 90
-
1 90
E. W. Cobb, -
Nantucket Inquirer,
5 00
-
5 00
David Clapp,
Med. and Surg. Journal,
46 91
-
46 91
Clapp & Co.
Thursday Messenger, -
19 33
-
19 33
C.W.&W.W. Clapp, Jr.
Evening Gazette,
50 00
-
56 00
G. G. Channing,
Christian World,
22 41
-
22 41
S. Cobb,
" Freeman,
8 16
-
8 16
J. B. Dow,
" Witness,
15 00
-
15 00
Dutton & Wentwortli, -
Evening Transcript,
18 10
#10 87
28 97
E. B. Foster & Co.
Boston Courier, -
304 79
4 13
308 92
C. Foote and W. Brown,
Salem Gazette, -
-
18 67
IS 67
do.
Essex County Mercury, -
-
2 00
2 00
Henry Flanders & Co. -
American Traveller,
86 33
26 95
113 28
Gill «& Farmer, -
Hingham Patriot,
8 80
-
8 80
S. S. Gleason, -
Literary Gazette, ■
-
16 Q7
16 67
John A. Green, -
Quincy Patriot,
10 00
-
10 00
Hawley & Tenney,
Springfield Centinel,
2 10
-
2 10
W. A. Hawley, -
Hampshire Gazette,
12 75
-
12 75
Hack & King, -
Old Colony Republican,
5 00
-
5 00
D. S. Hubbard, -
Berkshire County Whig)
17 28
16 67
33 95
J. W.D.Hall, -
Taunton Whig,
6 00
-
6 00
F. A. Hildreth, -
Lowell Patriot, -
1 00
*
1 00
Wm. Ives & Co.
Salem Observer,
5 00
.
5 00
Jordan & Co.
Weekly Symbol,
5 04
-
5 04
Justin Jones,
Star-Spangled Banner, -
24 00
-
24 00
J. S. C. Knowlton,
Worcester Palladium, -
8 67
-
8 67
Lincoln & Hickox,
National ^gis, -
10 08
-
10 08
S. O. Lamb,
Franklin Democrat,
5 83
.
5 83
E. Marchant,
Vineyard Gazette,
1 00
-
1 00
Chas. Montague,
Massachusetts Eagle, -
3 00
-
3 00
Martin Moore, -
Recorder,
35 08
-
35 08
Morss & Brewster,
Newburyport Herald, -^
11 00
-
11 00
Thomas F. N orris.
Olive Branch, -
63 70
-
63 70
Nichols & Co. -
Emancipator,
33 27
-
33 27
Wm. Nichols, -
Christian Watchman,
27 83
-
27 83
George Phinney,
Sandwich Observer,
5 20
-
5 20
S. B. Phinney, -
Barnstable Patriot,
20 25
.
20 25
Henry Pratt,
Fall River Monitor,
4 50
-
4 50
John Richards, -
Spirit of the Times,
1 40
• -
1 40
John S. E. Rogers,
Gloucester Telegrapli, -
11 00
-
11 00
do.
Cape Ann Light,
3 00
-
3 00
Roberts & Garfield,
Boston Times, -
14 18
-
14 18
E. G. Robinson, -
Norfolk Democrat,
16 60
-
16 60
David Reed,
Christian Register,
23 9;^
-
23 93
Schouler & Brewer,
Boston Atlas,
474 95
77 13
552 08
Charles Spear, -
Prisoner's Friend,
19 33
-
19 33
Stacey, Richardson &l Co.
Excelsior,
1 00
-
1 00
Wm. Simonds & Co.
Saturday Rambler,
27 22
-
27 22
Sleeper & Rogers,
Mercantile Journal,
200 69
3 50
204 19
L. R. Streeter, -
Boston Star,
6 67
'-
6 67
Wm. Stowe,
Springfield Gazette,
14 00
-
14 00
MISCELLANEOUS ACCOUNTS.
865
Newspaper Accounts — Coiitinued.
Laws
Proprietor.
Paper.
Papers.
and Ad-
Total.
vertisi'g.
J. C. Stoever,
Chicopee Telegraph,
-
#16 67
#16 67
Shepardson & Brother, -
Boston Miscellany,
-
33 34
33 34
Charles Smith, -
Daily and Weekly Sun,
-
53 34
53 34
J. E. Thompson,
Northampton Democrat,
$\ 50
-
1 50
VVm. Tyler,
" Courier, -
8 00
-
8 00
Jas. Thiirber,
Old Colony Memorial, -
13 33
-
13 33
J. M. Usher,
Gospel Teacher,
1 13
-
1 13
Upham, Ford & Co.
Christian Reflector,
8 50
.
8 50
R. F. Wallcut, -
Liberator,
19 50
.
19 50
George H. Williams,
Uncle Sam,
9 52
-
9 52
B. W. Williams,
Dew-drop,
50
.
50
Woodbridge Raynolds, -
N. E. Puritan, -
36 10
36 10
W. W. Wheildon,
Bunker Hill Aurora,
13 80
-
13 60
White, Potter & Wright,
Chronotype,
42 96
-
42 96
White, Potter & Coles, -
N. E. Washingtonian, -
20 40
-
20 40
Boston Whig, -
88 22
.
88 22
" Herald, -
1 12
-
1 12
Barre Gazette, -
8 30
-
8 30
Daily Advertiser,
198 72
4 13
202 85
Mass. Ploughman,
70 55
-
70 55
Nantucket Mirror,
-
16 67
16 67
New Bedford Bulletin, -
3 00
-
3 00
Roxbury Gazette,
38 00
-
38 00
Yankee Blade, -
15 96
-
15 96
Yarmouth Register,
8 00
-
8 00
3132 77
373 03
3505 80
MlSCi:LLANEOUS ACCOUNTS.
Expenses consequent upon the death
John Q,uincy Adams, viz :
Boston Courier, for advertising,
Beals & Greene, do.
Sleeper & Rogers, do.
John H. Eastbnrn, for cards,
Roberts & Garfield, for advertising,
Daily Advertiser, do.
S. & A. H. Rhoades, for marshal's
equipments,
Joseph S. Read, for military equip-
ments, ....
John P. Baker, do. do.
Mark Bills, horse for chief marshal,
W. J. Niles, do. do.
N. E. Nims, horses do.
Fuller, Hamilton & Co.. coaches.
of the late
$23 75
14 25
19 00
00
62
15 63
99 50
30 00
5 25
20 00
5 00
20 00
40 50
856
MISCELLANEOUS ACCOUNTS.
Luke Pillsbury, for coaches, , . |36 00
Horace King, omnibus for military, . 9 00
Handel and Haydn Society, for music, 100 00
John A. Savels, do. 40 00
Brass Band, do. 175 UO
City of Boston, for police, do. 104 70
George T. Bigelovv, for expenses of
committee at Springfield, . . 463 00
Tremont House, for board of Congres-
sional committee, . . . 1,322 30
Tremont House, for entertainment of
officers, April 15, 1848, . . 198 50
Haskell & Howland, drapery for le-
gislative halls, . . . 173 71
T. P. & I. Dnrant, upholstery work,
for legislative halls, . . 42 00
$2,966 71
Accounts for Stationery.
Eayrs 6c Fairbanks, for secretary's office.
Do. for adjutant general's office.
Do. for treasurer's office, .
Do. for sergeant-at-arms, .
Do. for secretary, further, .
Do. for house of representatives,
Do, for senate,
Charles Stimpson, for house of repre
sentatives, .
Do. for senate,
Jones & Wheelwright, for senate,
Peter Low, for binding,
J. G. Roberts, do. .
O, W. Allen, for twine,
James French, for state records,
J. T, Prince &> Co., senate, .
ffice, $154
00
88
00
27
13
27
01
774 07
279
78
136
77
114 80
115
98
191
50
145
92
26
50
15
94
6
00
53 50
670 14
Repairs of State-House, Furniture, &c.
G. B. Wheeler, for sergeant-at-arms.
Do. for secretary's office, .
Do. for senate, . $121 79
Do. for do. . 182 92
Do. for library,
L. Jones & Son, for ventilators,
C. W. Haven, for painting, ,
$591 31
60 76
304 71
91 57
59 13
133 98
1,048 35
MISCELLANEOUS ACCOUNTS. 857
Safford «fc Co., for iron work,
Asa Swallow, for mason work,
C. Brooks & Co , for hardware,
George W. Haven, do.
H. A. Breed, for papering,
John llidgway & Son, for repairing
clocks, ....
Ross <fc Hatch man, for gilding coat
of arms, .
Harris & Stanwood, for lamps,
William Perry, for tin ware, .
John H. Pray, for cloth for desks,
Doe & Hazletine, for chairs, &c.,
John Clarke & Sons, for pumps, &c.,
T. P. & L Durant, for upholstery, .
Parker Fowle & Son, for carpets,
Hannah N. Baxter, for making car-
pets, ....
PhcEbe Johnson, for washing floors,
&c., ....
J. M. Sawyer, for sand,
Joshua Roberts, for carting, .
Carleton Hadley, for shovelling snow,
William T. Eustis &c., for cutlery, .
Morse & Tuttle, for altering railroad
map, ....
Lolt Poole, for diagrams of house of
representatives,
H. Knights & Co., omnibus for com-
mittee on prisons, .
Ebenezer Shute, for constables, elec-
tion day, ....
L S. Withington, for Old South choir,
William Learnard, for Old South
Church, ....
Thomas Stearns, for carriages.
Brown & Sevrence, do. ,
Nathaniel Greene, for postage,
W. H. Henderson, for sundries,
J. P. Bradlee & Son, for oil, .
Truman Clark, for committee on
prisons, ....
Gilman Gale, for committee on claims,
George Denny, for committee on
charitable institutions,
Charles W. Storey, for indexing jour-
nals, ....
Charles Calhoun, for duplicating
journals. ....
^52
73
111
44
73
02
10
44
12
05
7
50
12
00
45
00
4 00
9
75
60
25
31
96
14.5
64
97 50
100
88
40
61
16
25
18
50
54 27
31
00
25
00
10
00
22 00
26
50
20 00
20
00
13 00
69
67
103
19
57 58
173 44
73
36
53
65
102
97
326
00
704 00
858
MISCELLANEOUS ACCOUNTS.
Benjamin Stevens, for special police,
ice, &c., ....
$58 42
Benjamin Stevens, for balance of his
account, ....
609 31
$2,499 09
$9,767 95
SUPPLEMENTARY ROLL OF PAUPER ACCOUNTS.
Essex County, for lunatic pauper,
Worcester do. do.
Hampden do. do.
Dracut, for small-pox pauper,
Groton, for ship-fever pauper,
Wilbraham, for small-pox pauper,
Groton, for pauper account, .
Woburn, do.
Do. for error in account, 1846,
Newburyport, do. do.
Norton, for support of paupers.
$100 00
123 21
200 00
423 21
63 00
116 20
201 81
381 01
78 80
26 01
5 00
8 00
1 17 81
30 14
$952 17
RECAPITULATION.
Sheriff's accounts,
$691 21
Coroner's do.
1,135 26
Military do.
971 33
Newspaper do.
3,505 80
Miscellaneous do.
9,767 95
Pauper do.
952 17
$17,023 72
INAUGURAL ADDRESS
OF
HIS EXCELLENCY GEORGE N. BRIGGS.
Representatives' Chamber, Jan. 11th, 1848.
At twelve o^ clock, His Excellency the Governor, accompanied by
His Honor the Lievtenant Governor, the members of the Ex-
ecutive Council, the Deputy- Secretary, Treasurer, Adjutant
General, and Land Agent of the Commonwealth, and attended
by a Joint Committee of the two Houses, and the Sheriff of
Suffolk, met the Senate and House of Representatives in con-
vention, and delivered the following
ADDRESS:
Gentlemen of the Senate and of the
House of Representatives :
Next to the blessings of Christianity, a free government is
the greatest good that any people can possess.
It is the right of every people ; yet few nations or states, in
the progress of human history, have been so fortunate as to at-
tain, or enjoy it.
As the chosen representatives of the citizens of one of a great
family of free States, we have assembled here, in this time-hon-
ored hall, to exercise the highest functions of earthly power,
and to illustrate the attributes of rational liberty.
We are here in the capacity of law-makers, because an intel-
ligent and free people have sent us here, to do for them what,
from their numbers and dispersed condition, they cannot con-
veniently do for themselves.
In the constitution of government which we have sworn to
support, they define the limits of our power, and declare the
purposes for which we are to act.
When, in a brief period, we shall have fulfilled the trusts
committed to us, we shall return as private citizens, to mingle
860 GOVERNOR'S ADDRESS.
with those who have honored us with their confidence, and to
obey the laws which we have made.
If our legislation shall be wise and judicious, we with our
children, in common with the whole community, shall enjoy its
benefits. If we are injudicious and unwise, in common v/ith
the mass for whom we act, we shall reap the consequences of
our errors, and those who shall succeed to our official places
will have to correct them.
The rich inheritance of freedom which we enjoy, with all its
excellent institutions, came down to us from our fathers, through
the goodness of that benign Ruler of the world, " whose tender
mercies are over all His works." It is our duty to " acknowl-
edge Him in all our ways," and especially so on a public,
official occasion like the present, when surrounded by so many
tokens of His beneficence.
A very gratifying condition of our finances will be exhibited
by the report of the treasurer of the Commonwealth.
The receipts of the year, including $8,658 57
in the treasury on the first of January, 1847,
amount to . . . . . $508,990 40
The expenditures to . . . . 478,755 63
Leaving a balance of receipts, over the expendi-
tures, of $30,234 77
In a resolve passed on the twenty-fifth of March, 1845, and
also in a resolve passed on the twenty-fourth of April, 1847,
each of which authorizes the directors of the Western Railroad
Corporation to increase their capital stock, it is provided " that
the governor may, if he judge best, instruct the treasurer to
take the proportion of shares to which the Commonwealth may
be entitled, or any part thereof; and the governor, with the
advice of the council, may draw his warrant on the treasurer
in payment therefor, or he may authorize the treasurer to gi\'^e
the note of the Commonwealth for the same, or any part
thereof, to be paid with interest, whenever provision shall be
made by law therefor."
As, at the time when the directors of the Western Railroad
Corporation increased their capital under the above-cited re-
solves, the value of the stock was considerably above par, I
"judged best to instruct the treasurer to take the proportion of
shares to which the Commonwealth was entitled."
Four hundred aad forty-one shares were taken under the
first, and thirteen hundred and twenty-three shares under the
second resolve. A dividend, at the rate of eight per cent, per
annum, has been paid by the corporation since those shares
were taken.
The shares were taken at par ; they are now selling at one
hundred and five dollars each.
GOVERNOR'S ADDRESS. 861
The first four hundred and forty-one shares, amounting to
^44,100, were paid for by a temporary loan of $20^000, and
the balance out of the ordinary receipts of the treasury.
For the last thirteen hundred and twenty-three shares,
amounting to ^132.300, the treasurer gave his note to the
treasurer of the Western Railroad Corporation, payable at the
pleasure of the legislature, with interest at five per cent, up to
the first of January inst., and at six per cent, after that time,
until paid.
It will be for the legislature to say what provision shall be
made to pay this note.
Independent of the amount for which the state has hereto-
fore lent its credit to certain railroad corporations, — for which
ample security has been given, and upon which there is no
probability the state will ever be called on to pay any thing, —
the debt of the Commonwealth, at this time, amounts to
$1,147,300 00 :—
The items of which debt are. —
The scrip issued to pay for the subscription to the
Western Railroad stock, . . . $995,000 00
The note to the treasurer of the Western Railroad
Corporation, for the 1323 before-named shares, 132,300 00
And the note for the temporary loan, to pay the
balance of 441 shares, .... 20,000 00
$1,147,300 00
The scrip for the $995,000 will be due in 1857.
The available means of the state are the 11,764
shares which it owns in the Western Railroad
Corporation, which, at par, is . . $1,176,400 00
To this should be added five per cent, for the
present advanced value of the stock, . . 58,820 00
It is also proper to place with these means the
amount of the Western Railroad Sinking Fund,
which is intended to meet the scrip for the
$995,000 when it falls due, and which, at the
past rate of increase, will be sufiicient to pay
the whole amount when due, . . . 466,400 00
A house in Hancock Street, . . . 12,500 00
Half of ten shares in South Boston Association, . 1,500 00
$1,715,620 00
The public funds belonging to the state are the
Western Railroad Sinking Fund, already named, $466,400 00
The Massachusetts School Fund, . . . 845,200 00
School Fund for the Indians, . . . 2,500 00
Charles River and Warren Bridge Fund, . . 28,100 00
110 $1,342,200 00
862 ^ GOVERNOR'S ADDRESS.
The public lands in the state of Maine, which belong to this
Commonwealth, amount to two millions and three hundred
thousand acres. If properly and judiciously managed, these
lands will, for many years to come, be a source of valuable in-
come to those who shall come after us. They may be made
the means of elevating the character of our public schools, and
of conferring upon multitudes of poor children the blessings of
education.
In any condition of the treasury, the observance of a strict
economy, on the part of public functionaries, is imperative.
But 1 am sure, that, with the present financial condition of
Massachusetts, — a condition existing without the imposition of
a state tax upon the people, — you may look for the approba-
tion of your constituents in making any reasonable expendi-
ture of the revenues of the state which the public interest de-
mands.
It sometimes happens, that appropriations for objects incon-
siderable in themselves, and some of them of doubtful propri-
ety, are so multiplied during the course of a legislative session,
as to swell the aggregate to a large amount.
This result can only be prevented by a careful scrutiny into
the character and merits of every claim upon the treasury, be-
fore it receives the sanction of law.
In my annual communication to your immediate predecessors,
I stated " that it was believed that the Commonwealth had an
interest in, and a title to, certain lands in the harbor of Boston,
known by the name of Flats ; of the precise location, limits, and
value, of which lands, I was not informed."
And "I suggested the propriety of some legislative provision
in relation to the subject, with a view of obtaining correct in-
formation." No definite action was had upon the subject by
that body, and I recommend it to your consideration.
These lands are becoming, every year, more valuable ; and
if the state has a valid title to the whole, or to any part of them,
I know of no good reason why it should not avail itself of that
title. It would be well, at least, to know what the rights of
the state are ; and as no department of the government has
power to move in the matter, except the legislature, it rests
with you to determine whether any thing shall be done or not.
The number and extent of railroads in operation within the
state, and the number of accidents, many of them fatal to hu-
man life, which have occurred upon those roads, demand of the
legislature the application of every means, which their wisdom
can devise, to prevent the recurrence of such accidents in
future.
These corporations exist by authority of law ; and, in tlie
legitimate exercise of the powers conferred upon them, the
safety of thousands of the citizens of our own, and of other
Slates, is committed to their charge.
GOVERNOR'S ADDRESS. 863
The utmost that human foresight can suggest, to protect from
danger those who travel on their roads, and are employed
thereon, ought to be enjoined upon and required of them.
I submit the subject to your consideration and action, as one
in which thepubUc have the deepest interest.
The earnings of the stale prison at Charlestown, for the past
year, ending on the thirtieth day of September, exceed the ex-
penditures, including the salaries of the officers, one hundred
and twenty-six dollars.
The inspectors represent the affairs of the prison to be in a
prosperous condition. There are several facts presented in the
reports of the officers of the institution, well calculated to at-
tract public attention. In his report the warden says, " there
has been no death, no escape, no outbreak, no resistance of au-
thority, and but few violations of the regulations and discipline
of the prison, during the year." "Order, industry, good and
kind feelings, have been the rule, and ill conduct, of any kind,
only the exceptions."
The appointment of an agent, under a recent law of the
State, to advise discharged convicts, appears to have been pro-
ductive of much good to those for whose benefit it was in-
tended. Those who have observed the state of the prison, for.
a few years past, I think, must be favorably impressed with the
course of mild and gentle treatment which is observed towards
the inmates of the prison.
It appears, from the report of the physician, that, from De-
cember, 1844, to the first of October, 1847, a period of nearly
three years, but one death occurred among the prisoners, the
whole number of ^vhom, during that time, was five hundred
and eighty.
During the whole of the last year, there was neither a death,
nor a case of insanity, among three hundred and seventy-six
different persons in prison. The amount expended for medi-
cine, through the year, was less than thirty-five dollars, and
that amount is about the annual average for the last three
years.
A library, of five hundred volumes, belongs to the prison, to
which the prisoners have access, — and most of them improve
it. The chaplain speaks favorably of what he considers the
moral feelings of these poor outcasts from society, made so by
their own acts.
The Commonwealth has reason to be satisfied with the offi-
cial conduct of the warden, and those associated with him in
the management of the institution.
If the present condition of this prison does not go strongly
to show that its system of prison discipline is the best system,
it certainly proves that, when properly administered, it works
well.
The present condition of the state lunatic hospital, at Worces-
ter, bears the most convincing testimony to the wisdom of
864 GOVERNOR'S ADDRESS.
the policy which founded that noble public charity. The num-
ber of the inmates of the institution keeps pace with its capa-
city to accommodate them.
It appears, from the report of the trustees, that they have
made an addition to the buildings, for the use of females who
are furiously insane, by extending what is called the .Tohonnot
wing, at an expense of $3662 08, which is less than the unex-
pended balance of the " Johonnot fund."
Hereafter, it is their purpose to use what remains of that
fund, and the six thousand dollars appropriated by the legisla-
ture in 1847, in providing suitable apartments for males furi-
ously insane.
The trustees speak in high terms of commendation of the
management of the affairs of the institution by Dr. Chandler,
and of the usefulness and fidelity of those associated with him
in its various departments.
The ordinary expenses of the last year, including the pay-
ment of a previous balance of $1772 80, against the hospital,
amounted to $39,444 4.5
The receipts, to ...... • 45,662 92
Leaving a balance of receipts, of . . . 6,218 47
The number of chronic patients is becoming larger, by being
allowed to remain in the institution, from year to year, after
there is an end of any reasonable hopes of their recovery. It
is gratifying, however, to learn, that the proportion of those
who go there in the early stages of their insanity is largely in-
creasing, thus showing the confidence of the community in the
institution, and that it is the means of restoring many to reason
and to society, who, if long neglected, would have been hope-
lessly insane.
The report of the trustees also shows, that one fourth part of
the whole number received at the hospital during the last year,
were foreigners ; whilst, of the whole number discharged, but
one sixth part were foreigners.
The proportion of incurable cases, among those helpless,
miserable strangers, thrown upon us from foreign countries, is
much greater than that among our own people.
They have, this year, reduced the price of the board of the
patients, from $2 50, to $2 33, per week, and it is hoped the
financial condition of the hospital will soon enable them to
make a further reduction.
What citizen of Massachusetts can look upon this excellent
institution, which has been the means of restoring quiet and
order to so many distracted minds and troubled bosoms, and
bringing back joy and pleasure to so many unhappy and deso-
late families, and not feel a patriotic pride, in remembering that
his own State so early, and so liberally, disbursed its funds, in
providing an asylum and a remedy for the miserable.
But for the unhappy war, which still continues between our
country and Mexico, the last year would have been one of gen-
GOVERNOR'S ADDRESS. 865
eral and unalloyed prosperity to the people of this North Ameri-
can republic !
Though, in that war, the scene of action and of suffering has
been transferred from our own territory to that of another
country, yet the news of victory, on the borders, and in the in-
terior of Mexico, has brought with it sorrow and woe to thou-
sands of bereaved ones, whose friends have fallen in battle.
When shall the sword cease to devour, and the blood of our
own citizens, and that of the citizens of our sister republic,
cease to flow ? No human foresight can predict that auspicious
day.
if the result of this war is to be the conquest of the whole,
or a large portion of the territory of Mexico, and its annexa-
tion to this republic, the consequences to be apprehended from
such a result, to the peace and harmony of the people of the
United States, are far more appalling than the war itself.
The question, whether the conquered territory shall be free
or slave territory, and in due time formed into free or slave-
holding states, already stirs up the minds of men, and of states,
in different sections of this Union. There are indications,
which cannot be mistaken, that, if this momentous question is
forced upon the country, and its decision rendered necessary,
by the accession of foreign territory, those who will take sides
upon it are determined not to recede from their position.
Since the adoption of the federal constitution, foreign territory
has been annexed to the United States, out of which five slave
states have been formed, and admitted into the Union; and one
of those states embraces territory enough for as many more.
By their occupation and pursuits, and by their unalterable
opinions upon the political and moral nature of the institution
of slavery, the people of the free states are as effectually ex-
cluded from the common occupancy of a slave state, as the
holders of slaves are from living in a free state. Is it right and
just, for the friends of that institution to press the acquisition
of more territory, to be carved out into slave states 7
In the assertion of their own rights, and in vindication of
what they regard as the spirit of the constitution of the United
States, and of the great truth, proclaimed to the world in the
declaration of independence, that " all men are created equal,"
ought not the people of the free states to say to them, We desire
no more territory ; and if you insist upon it, and will have it,
when it comes, it must be free territory 7
Possessing a country large enough, in extent, for hundreds of
generations yet to come, with the fate of nations maddened by
the lust of conquest spread out before us on the pages of history,
with the foreboding of that internal excitement, and that fearful
sectional array of parties, determined not to yield their ground
upon questions which have heretofore shaken this noble Union
to its centre, in full prospect, if new territory is to be acquired,
is it patriotic, is it wise, for our national council to push on this
unfortunate war for purposes of conquest 7
866 GOVERNOR'S ADDRESS.
Whether the territory of the enemy shall be conquered under
the name of indemnity, or in the spirit of ambition grasping for
more domain, when possessed, the question, shall it be free or
slave territory, must be met and settled.
I hazard nothing in saying, that the great body of the people
of this republic desire peace with Mexico, — a peace just and
honorable to both parties. It would be neither just nor honor-
able, in our government, to demand of Mexico, in her weak
and distracted condition, any terms of arrangement that it
would not demand of a nation in all respects our equal, and
with which such a nation could not with self-respect comply.
The records of the past show that unrestrained power always
has a specious pretext for its lawless exercise. Divided, pros-
trate, bleeding Poland, now in dismembered parts, agonizing
under the cruel wrongs inflicted upon her by her plunderers, is
a melancholy illustration of this truth. The authors of her
injustice have brought upon themselves the endless detestation
of mankind.
If this government should, because it has the physical power
to do so, march on to the subjugation or the dismemberment of
Mexico, or wring from her terms, which it would not have de-
manded of that illustrious and powerful nation with which we
had, just previous to this war, arranged a difficulty of more
complexity than that existing between us and Mexico, it would
bring upon this republic the deserved reproach of all just men,
and be sure, in the progress of our existence, to call down upon
us, or upon our children, the retributive justice of Heaven.
All the glory which heroic deeds and unsurpassed valor can
acquire in such a war, with such an enemy, has been acquired
by our brave countrymen ; but that glory has been won by a
vast outlay of treasure and a melancholy sacrifice of human
life.
Through the channels of trade and of commerce, our expended
millions may again be brought back to enrich our citizens ; but
those regiments and brigades, of dauntless and vigorous young
men, who have poured out their blood upon a foreign soil, or
died of disease under a hostile climate, will return no more
forever.
The monarchs and despots of Europe look with a strange
and intense interest upon this contest between the two principal
republics of the new world.
That august tribunal, the tribunal of mankind, out of re-
spect to whose opinions our fathers, when they commenced their
struggle for independence, felt bound to declare the reasons
which impelled them to take up arms against the parent coun-
try, will pass judgment upon the sufficiency of the causes
which have led us, now, when we are a numerous and pow-
erful people, to prosecute a war against a feeble and poor
neighbor.
And that Supreme Ruler of the world and Searcher of hearts,
GOVERNOR'S ADDRESS. 867
to whom they appealed for the rectitude of their 'intentions and
for the justice of their cause, will hold this people responsible
for all the misery, blood, and guilt, of this war, which they
might have prevented, or which they may now prevent, by ob-
serving, in their conduct towards Mexico, that divine rule of
action, binding alike upon individuals and upon nations, of
" doing unto others as we would that others should do unto us."
In countries whose rulers have usurped the government and
trampled upon the rights of the people, the responsibility of
war, and of other governmental acts, is thrown from the people
upon their rulers. But, in a government like ours, where pub-
lic officers are the chosen agents of the people, though those
agents are amenable to their constituents for their official con-
duct, when that conduct is approved by the people, the respon-
sibility rests on them.
That the government of Mexico owes a debt of some five or
six millions of dollars to the citizens of this country, which by
the laws of nations it is bound to pay, and which ought to
have been paid long ago, does not admit of a doubt. It is
equally true, that, at the time of the rupture of the friendly
relations between the two governments, that debt was in the
process of adjustment. Is it entirely clear that, in the differ-
ences between us, we have been quite faultless on our part,
and that there are no wrongs on our part of which she has a
right to complain 7 Each government charges upon the other
the first act of war.
If she, as is alleged, struck the first blow., and we returned
it in our own defence, have we, as the stronger party, carried
the war no farther than, by the just principles of defensive war,
we might carry it?
If hostilities were commenced, or are continued, on our part,
because Mexico failed or neglected to pay an honest debt, or to
chastise her for an insult offered to our government, in refusing
to receive and accredit our public minister, may not the wisdom
and the humanity of the policy of expending seventy-five or a
hundred millions of dollars, in prosecuting such a debt, and of
sacrificing ten thousand lives in resenting such an insult, be
gravely called in question 7
The whole subject of this war belongs to the people of the
United States. Their interest and character are deeply involved
in it. What is past of it belongs to history ; what is to come,
depends upon their government and upon themselves.
I should be remiss in a duty, second, in my opinion, in im-
portance to no other belonging to the high official station to
which I have been called by the suffrages of my fellow-citizens,
if I failed to commend to your special care the interests of com-
mon schools, in this Commonwealth.
Our district schools are the intellectual and moral nurseries
of the State. If cultivated with care and skill, that care and
skill will be rewarded by a maturity of rich and precious fruit.
868 GOVERNOR'S ADDRESS.
If neglected and left to make their way up, in the midst of
briars and thorns, and, without protection, exposed to the vicis-
situdes of the seasons, a stinted and miserable growth will ren-
der them incapable of bearing fruit at all, or, if any appears, it
will be worthless.
The cause of popular education, within a few years past, has
received an onward impulse, and been advancing under the
enactments of the legislature, and by the instrumentalities
which they have created, in a manner in the highest degree
encouraging to its most ardent friends.
The last year has exhibited more indications of a sure and
vigorous progress than any preceding one. Our three state
normal schools are in successful operation. They are sending
out into difierent parts of the State well-qualified teachers,.
These schools, with their natural auxiliaries, teachers' insti-
tutes, held under the patronage of the legislature, and under
the direction of the board of education, are inspiring the young
men and women of the State who are engaged, or are about to
be engaged, in the responsible and honorable business of teach-
ing, with a desire for improvement, and an ambition to excel,
worthy of the great work upon which they have entered.
The secretary of the board of education, in addition to his
other arduous and pressing duties, has attended every teachers'
institute, opened them by appropriate lectures, explaining their
origin and character, and enforcing upon the minds of their
members the importance of high and ample attainments, to
those who take upon themselves the office of instructing the
children and youth of the Commonwealth.
One of the most auspicious circumstances attending the hold-
ing those institutes, is the hearty good will with which they
are received by the people in places where they are held, and
the intelligent zeal and earnestness with which they give their
influence to promote their success. The average attendance of
scholars in the public schools shows an awakened interest on
the part of those for whose benefit the foundations of those
schools were laid.
It is, however, a melancholy truth that, in our own Common-
wealth, too many children are permitted to grow up in igno-
rance and vice within reach and in sight of the most ample pro-
visions for their instruction, offered to them without money and
witliiput price.
That parent, who refuses to send his children to the school
established and opened in his neighborhood, does to those chi]-
dren a cruel injustice, and commits a flagrant wrong upon the
community and state.
He may be allowed to make his home the dark abode of ig-
norance and stupidity to those children intrusted to his care by
Providence ; but surely he has no right, when they are grown
up, to send them forth into society vicious men and women, to
corrupt it by their example, or disturb its peace by their crimes.
GOVERNOR'S ADDRESS. 869
It is alike the interest of the individual and of the public, that
every child, within the limits of the Commonwealth, should re-
ceive the priceless blessing of a common-school education.
This has been the theory of our educational laws from the
beginning. And, practically, every year, thousands of the
children of the poor participate in their benefits.
I trust it will be your pleasure to do all in your power to ex-
tend those benefits still farther, until every child within the
state shall be enlightened by their influence.
A few years since, the governor of one of our sister states, in
his annual communication to the legislature, informed them
that all efforts to extend to the children of the poor the benefits
of education had failed, and recommended that they should be-
stow the balance of the money, which had been appropriated
for that purpose, upon the higher seminaries of learning, or up-
on the colleges of the state.
How would such a proposition strike that portion of the poor
men of Massachusetts, who now criminally neglect to send
their children to school 7
But even they need not fear, much as they neglect the great
privilege held out to them. Before a chief magistrate of Mas-
sachusetts, standing in this high place, and addressing the as-
sembled representatives of the people, will propose to withdraw
from the children of the poor the means of a common-school
education, Plymouth Rock and Bunker Hill must sink into the
ocean, and the names of those illustrious and good men, who
laid deep in our hard soil the foundations of free schools, must
be blotted from the records of history.
Our bill of rights declares " that every subject of the Com-
monwealth ought to find a certain remedy, by having recourse
to the laws, for all injuries which he may receive in his person,
property, or character. He ought to obtain right and justice
freely, without being obliged to purchase it ; completely, and
without any denial ; promptly, and. without delay, conformably
to law."
To accomplish this important end, the constitution provides
for the establishment of judicial tribunals, and the appointment
of judges, whose business it is to administer the laws. The
character and number of those tribunals, and the number of
judges, is left to the discretion of the legislature.
If the practical operation of any system, organized according
to existing laws, is found inadequate to furnish a " certain rem-
edy," " freely, completely, and promptly, and without delay,"
the remedy is within the constitutional power of the legislature.
In such a case, no wise man can question the duty of applying
it. The judicial tribunals of this Commonwealth, at this time,
consist of a eourt of common pleas, with six judges, and a su-
preme judicial court, of four judges.
The court of common pleas has original jurisdiction in all
civil actions, and in all criminal cases except, capital offences.
Ill
870 GOVERNOR'S ADDRESS.
The supreme judicial court has original and exclusive juris-
diction in all capital offences, and original jurisdiction in all
civil cases in which the cause of action exceeds six hundred
dollars in Suffolk, and three hundred dollars in all the other
counties, and it is the ultimate tribunal for the decision of all
questions of law which may be raised between litigating par-
ties, before its own judges, or before the judges of any other
courts in the Commonwealth.
The enlargement of the equity powers of that court by legis-
lative enactments within the last few years, has very much in-
creased the labors of its judges. It is also made the consti-
tutional duty of the judges of that court to give their opinion
upon such questions of law as may be from time to time sub-
mitted to them by the legislature, or by the governor and
council.
it is quite obvious that the increase of our population, and
the great increase of trade and business between the citizens of
the state, has added very much to the business of this court as
well as to that of the court of common pleas.
There is high authority for saying that, at this time, the
business of that court is at least double what it was at the
time of the separation between Massachusetts and the state of
Maine.
The court then consisted of five judges; now it has but
four.
Those judges are men of great moral worth, exemplary pri-
vate character, able lawyers and jurists, ornaments to the high
stations which they fill, and an honor to the Commonwealth
whose judicial ministers they are. Their decisions are read
with respect, and regarded as authority in all the courts of our
sister states.
The whole of their time is faithfully and laboriously given
to the fulfilment of their official duties.
From the beginning to the end of the year, those duties are
pressing upon them, and they have no time for relaxation or
repose. Of this, however, they do not complain.
Yet such is the amount of the business of their court, and
the consequent increase of their labors, that they have not the
physical power to keep up with it. They do all that they can
do; but the force of the court is not sufficient for the prompt
discharge of the business which is thrown upon it. The un-
avoidable consequence is, the accumulation of cases before
them, and the inconvenient delay to parties. This great accu-
mulation of business not only denies to parties a decision of
their cases "promptly and without delay," but it leads to a
burdensome and unreasonable increase of the costs of litiga-
tion.
This is a public evil experienced by the citizens of the Com-
monwealth, without fault on the part of the court ; and it de-
mands a remedy. For that rernedy, the case addresses itself to
GOVERNOR'S ADDRESS. 871
the wisdom of the legislature. It is believed, that the addition
of another judge to this court would go very far towards effect-
ing, if it would not entirely effect, this remedy. It would re-
lieve the whole court from one fifth of the time now spent in
trying cases at nisi prius, and give so much more time for the
hearing, and deciding, questions of law.
I am persuaded that the public interest requires the appoint-
ment of another judge to the bench of the supreme judicial
court, and, in the discharge of what I deem my official duty, I
recommend a legal provision for such an appointment.
So far from the additional charge upon the treasury constitu-
ting a vahd objection to the appointment of another judge, I am
satisfied that such an appointment would save to the people
annually, in the costs of litigation consequent upon the delay
for the want of it, a larger amount than the salaries now paid
to the whole court.
The question is entirely one of public convenience and of
public good. It belongs exclusively to you, and I submit it to
your mature deliberation.
Gentlemen of the Senate
and of the House of Representatives :
Before leaving your homes, you heard the sad news of the
death of Samuel Hubbard, one of the associate justices of the
supreme judicial court of Massachusetts. He died at his home
in Boston on the twenty-fourth day of December last.
This is not the time nor the place to pronounce a eulogy upon
his character. But it seems proper, and it will no doubt be in
accordance with the best feelings of your heart, assembled here
as we are in our official capacity, to pause, and pay a tribute of
respect to one who, so recently, was a distinguished functionary
in another department of this government.
Judge Hubbard was the youngest official member of the
court. His brief period of service in the supreme judicial tri-
bunal of his native state, was one of singular honor to himself,
and of eminent usefulness to the public.
His profound, clear, discriminating, judicial mind, commanded
the undivided respect of the legal profession, and secured the
confidence of all who had official intercourse with him. The
happy combination of magisterial dignity with a remarkable
affability and gentleness of manner, won the esteem and respect
of all who approached him.
He was the model of a Christian judge, a scholar and a gen-
tleman. Whoever knew him in society loved him. In the
church, he was " a brother beloved." With a heart full of be-
nevolence, " he was interested in all the concerns of human-
ity." The beauty and loveliness of his parental and domestic
character could only be fully known by that large, crushed, and
872 MESSAGES.
broken-hearted family circle, to whom he " was all the world."
His death has spread the pall of sorrow over his surviving
brethren of the bench, and is lamented and deplored, as an
irreparable loss, by the whole people of the Commonwealth.
The name of Samuel Hubbard will long be held in grateful
remembrance —
" And, to add greater honors to his age
Than man could give him, he died, fearing God."
The death of such a man, and of such a magistrate, in the
vigor of his intellect and in the midst of his usefulness, im-
pressively illustrates the truth of an inspired prophet's declara-
tion, " that all flesh is grass, and the goodliness thereof is as
the flower of the field."
ME SSAGES.
To the House of Representatives :
1 herewith transmit to the Honorable House, for the infor-
mation of the two branches, the following documents received
by me since the last session of the General Court.
1. Resolutions of Legislatures of Maine, Rhode Island, Con-
necticut and Tennessee, relating to the construction of a rail-
road from Lake Michigan to the Pacific Coast
2. Preamble and Resolutions of the Legislature of Connect-
icut, relating to the war with Mexico, and to the extension of
slavery into any acquired or annexed territory.
3. Annual Report of the Trustees of the State Lunatic Hos-
pital.
4. The Annual Reports of the Inspectors, Warden, Chaplain
and Physician of the State Prison.
5. Report of the Land Agent of the Commonwealth, with the
accompanying documents.
6. Report of the Trustees and Treasurer of the State Reform
School.
7. Report of the Agent for discharged convicts.
8. Report of the Commissioners appointed in conformity to
the act of 1846, chap. 245, in relation to the construction of a
draw in the Newburyport Bridge.
9. Resolve of the General Assembly of the State of Rhode
Island and Providence Plantations, ratifying the boundary line
established by the commissioners of that State and Massachu-
setts.
Council Chamber, Jan. 14, 1848.
MESSAGES. 873
To the Se?iate :
I transmit the report of Benjamin Perley Poore, an agent ap-
pointed in May, 1845, under a resolve passed Jan. 23, 1845,
"authorizing the governor to take such measures as he may
deem expedient to procure the originals, if practicable, if not,
copies of all such documents in the public offices of Great
Britain and France, as, in his judgment, may serve to complete
the records, or to illustrate the colonial, or other history of the
Commonwealth."
Mr. Poore's labors were bestowed upon the documents re-
ferred to in the resolve, to be found in the public archives of
France.
From the sources to which he, as an agent of this Common-
wealth, was permitted to have access by the courtesy of the
French government, he has " transcribed ten folio volumes
of documents, commencing with the discovery of America, and
extending down to 1780." Two large volumes of engraved
maps, in addition to the ten volumes of documents, complete
the collection.
It is due to Mr. Poore to say that his agency has been exe-
cuted with great ability and fidelity.
The copies presented are executed in a style that very much
adds to their value as public documents.
From the extent, variety and value of the documents ob-
tained by Mr. Poore, and from the manner in which the whole
work has been executed, it must be evident, to those who ex-
amine it, that his labors have far exceeded what was contem-
plated at the time of his appointment. The contents of the
volumes will be a very great and valuable addition to the stores
of historical knowledge to Massachusetts. Not doubting the wil-
lingness of the legislature to make to Mr. Poore a just remuner-
ation for the important services which he has rendered the
Commonwealth, 1 recommend such further provision for that
purpose as those services require. I communicate herewith a
letter from Mr. Jared Sparks, and from J. G. Palfrey, late
secretary of the Commonwealth, which go to show the nature,
extent, and value of the documents procured by Mr. Poore.
Council Chamber^ January 18, 1848.
To the Senate :
I transmit herewith to the Honorable Senate, for the use of
the Legislature, the report of the commissioners appointed
under a resolve of February 27, 1844, to ascertain and establish
the true boundary line between Massachusetts and Rhode Island
from Pawtucket Falls to Bullock's Neck, and a Minority Report
on the same subject; and a report of the commissioners ap-
pointed under the resolve of April 26, 1847, to arrange a system
for the organization and discipline of the militia of this Com-
monwealth.
Council Chamber, January 20, 1848.
874 MESSAGES,
To the House of Representatives :
I transmit herewith, to the Honorable House, for the use and
information of the two branches, the report of the late adjutant
general of the Commonwealth, for the last political year.
Cowicil Chamber, January 22, 1848.
To the Senate :
I transmit to the Honorable Senate, for the use of the Legis-
lature, the report of the commissioners for " erecting the State
Reform School buildings."
Council Chamber, January 26, 1848.
To the Setiate :
I transmit to the Honorable Senate, for the use of the Legis-
lature, the annual report of the commissioner of the district of
Marshpee, and the treasurer of the Herring Pond Indians.
Council Chamber, January 29, 1848.
To the Senate :
I communicate herewith, to the Honorable Senate, for the
information of the Legislature, the petition of Foxhall A. Par-
ker, commandant at the Navy Yard, Charlestown, asking the
Commonwealth " to cede to the United States the jurisdiction
of the marsh land of the naval hospital grounds at Chelsea, for
the purpose of improvement by the United States, as a depot of
ordnance stores ;" also a letter from the secretary of the navy,
and one from Commodore Parker, on the same subject.
Council Chamber, Jatiuary 29, 1848.
To the House of Rej)resentatives :
I transmit to the Honorable House, for the use of the Legisla-
ture, a report of the commissioner appointed under a resolve of
April 8th, 1846, "relating to the Survey of the Harbor of New
Bedford."
Council Chamber, Feb. 23, 1848.
To the Senate :
I herewith transmit, for the Legislature, a letter received from
Louisa Catherine Adams, the widow of John Quincy Adams,
acknowledging the receipt of the resolutions passed by the legis-
lature, as testimonials of respect for her lamented husband.
Council Chamber, March 15, 1848.
To the House of Representatives :
I transmit to the House of Representatives, for the use of the
Legislature, a communication from the American Consul at St.
Johns, New Brunswick, concerning European immigrants arri-
MESSAGES. 875
ving in New Brunswick and Canada; also, the copy of an act
to increase the tax on immigrants, which has recently passed
the Canadian House of Assembly, now in session.
Coimcil Chamber, March 20, 1848.
To the Senate:
I herewith transmit, for the use of the Legislature, the resolu-
tions of the Legislature of Pennsylvania, expressive of their
estimate of the character and public services of our lamented,
beloved fellow-citizen, John Quincy Adams, and "their sym-
pathy with the people of Massachusetts, and the whole Union,
in the loss sustained by his death."
The beautiful sentiments of these resolutions, so chastely and
forcibly expressed, and the appropriate and dignified terms in
which they are communicated by the governor of that great
Commonwealth, are eminently calculated to strengthen those
feelings of patriotic brotherhood which animated the hearts of
the people of Pennsylvania and Massachusetts towards each
other, in the common struggle for that liberty, which they
established for themselves and for their posterity, and the desire
for which is, at this moment, shaking the monarchies and des-
potisms of the old world.
Coimcil Chamber, April 21, 1848.
J'o the House of Representatives :
I herewith transmit to the Honorable House, for the informa-
tion of the Legislature, the following resolutions from the states
named : —
1. Resolutions from the states of Maryland, Alabama, Ver-
mont, and Georgia, in favor of the plan of a railroad from Lake
Michigan to the Pacific Ocean, proposed by Mr. Asa Whitney,
of New York.
2. Resolutions from the states of Alabama and Texas, con-
cerning the war with Mexico, the tariff, slavery, and the Wil-
mot proviso.
3. Resolutions from the states of Rhode Island and Missis-
sippi, concerning the war with Mexico.
Coujicil Chamber, April 27, 1848.
876
LIST
OF THE
CIVIL GOVERNMENT
or THE
AND OFFICERS IMMEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR 1848.
HIS EXCELLENCY
GEORGE N. BRIGGS,
GOVERNOR.
HIS HONOR
JOHN REED,
LIEUTENANT GOVERNOR.
COUNCIL.
JOHN P. BIGELOW,
CHARLES RUSSELL,
JESSE MURDOCK,
JOHN PORTER,
JOHN CHAPMAN,
ABRAHAM R. THOMPSON,
GEORGE BLISS,
WILLIAM MITCHELL,
EDWARD L. KEYES.
WILLIAM B. CALHOUN,
Secretary of the Commonwealth.
William Tufts, 1st Clerk, Charles W. Lovett, 2d Clerk.
JOSEPH BARRETT,
Treasurer and Receiver General of the Commonwealth.
Joseph Foster, 1st Clerk, David Wilder, Jr , 2d Clerk.
877
SENATE.
ZENO SCUDDER,
PRESIDENT.
SUFFOLK DISTRICT.
William T. Eustis, Hosea Ilsley,
James Clark, *Isaac Adams.
Joseph Bell,
ESSEX DISTRICT.
John W. Lowe, Charles H. Balch,
Jonathan C. Per
James Gregory,
Jonathan C. Perkins, Ezekiel J. M. Hale.
MIDDLESEX DISTRICT.
Joseph T. Buckingham, Albert H. Nelson,
Calvin Shepard, Tappan Wentworth,
David Heard, Christopher W. Bellows.
WORCESTER DISTRICT.
George Denny, Alanson Hamilton,
Nahum F. Bryant, John Brooks.
Alfred D. Foster,
HAMPSHIRE DISTRICT.
Levi Taylor, Ephraim M. Wright.
FRANKLIN DISTRICT.
Jonathan Blake, Charles Devens, Jr.
* 111 place of George T. Bigelow, resigned.
112
878 SENATE.
HAMPDEN DISTRICT.
Edward Parsons, Willis Phelps.*
BERKSHIRE DISTRICT.
Charles H. Plunkett, John Z. Goodrich.
NORFOLK DISTRICT.
Truman Clarke, James C. Doane.
David A. Simmons,
PLYMOUTH DISTRICT.
William H. Wood, Wilham James.
BRISTOL DISTRICT.
Ezekiel Sawin, Orin Fowler.
Cromwell Leonard,
' BARNSTABLE DISTRICT.
Zeno Scudder, George Copeland.
NANTUCKET AND DUKES CO. DISTRICT.
Thomas Bradley.
CHARLES CALHOUN, Clerk.
W. P. GREGG, Assistant Clerk.
Rev. C. a. BARTOL, Chaplain.
WILLIAM M. WISE, Doorkeeper. '
TILSON FULLER, Page.
* In place of William B. Calhoun, elected Secretary of the Commonwealth.
879
HOUSE OF REPRESENTATIVES.
F. B. CROWNINSHTELD,
SPEAKER.
COUNTY OF SUFFOLK.
Boston, William T. Andrews,
John Boles,
Osmyn Brewster,
Asa Brown,
Albert Bowker,
Henry G, Clark,
F. B. Crowninshield,
George W. Crockett,
Charles E. Cook,
Nathaniel W. Coffin,
William Denton,
James Dngan,
William Eaton.
William Freeman,
Kimball Gibson,
Joel Giles,
John C. Gray,
George E. Head,
William Hayden,
Sewall Kendall,
George H. Kuhn,
Frederick W. Lincoln, Jr.,
Caleb Metcalf,
Wilham Parker,
Samuel S. Perkins,
Freeman C. Raymond,
880
HOUSE OF REPRESENTATIVES.
Boston,
Chelsea,
North Chelsea,
Benjamin P. Richardson,
Benjamin Smith,
Benjamin Seaver,
J. V. C. Smith,
Philo Sanford,
Artemas Simonds,
Enoch Train,
Samuel Topliff,
Charles A. Wells,
Moses Nowell.
Amesbiiry,
Andover,
Beverly,
Boxford,
Bradford,
Danvers,
Essex,
Georgetown,
Gloucester,
Hamilton,
Haverhill,
Ipswich,
Lawrence,
Lynn,
Lynnfield,
Manchester,
Marhlehead,
Methven,
Middleton,
COUNTY OF ESSEX.
William Stevens,
Asa A. Abbott,
William H. Lovett,
Paul Hildreth,
Elijah W. Upton,
Joshua Silvester,
Levi Patch,
Benjamin Page,
Alfred M. Farley,
Hiram N. Breed,
Charles Merritt,
James BT. Usher,
William V. Munroe,
Josiah Newhall,
John Lee,
Robert H. Bessom,
John Swett,
HOUSE OF REPRESENTATIVES.
881
Newbury,
Newhuryport,
Rockport,
Rowley,
Salem,
Salisbury,
Saugus,
Topsjield,
Wenham,
West Newbury,
Enoch Hale,
Andrew W. Miltimore,
Ebenezer Bradbury,
John Proctor,
Henry Russell,
Otis P. Lord,
Eleazer M. Dalton,
John S. Williams,
Joshua Saiford,
Willard P. Phillips,
Joshua M. Pike, Jr.,
Sewall Boardman.
Acton,
Ashby,
Ashland,
Bedfoid,
Billerica,
Boxbord' ,
Brighton,
Burlington,
Cambridse,
Carlisle,
Charlestown ,
Chelmsford,
Concord,
Dracut,
Dunstable,
Fi^amijigham,
Groton,
Holliston,
Hopkinton,
COUNTY OF MIDDLESEX.
Alfred Hitchcock,
Amos B. Cutler,
Harvey Crosby,
John Sargent,
Stephen T. Farwell,
William Wyman,
Benjamin F. Heald,
Harvey Silver,
Samuel Staples,
John Stevens,
Charles R. Train,
George S. Boutwell,
Augustus Phipps,
882
HOUSE OF REPRESENTATIVES.
Lexington,
Lincoln,
Littleton,
Loioell,
Maiden,
Marlboro' ,
Medford,
Natick,
Newto7i,
Pepperell,
Readiiig,
Sherburne,
Shirley,
Somerville,
South Reading,
Stoneham,
Stow,
Sudbury,
Tewksbury,
Townsend,
Tyngsboro\
Waltham,
Watcrtown,
Wayland,
West Cambridge,
Westford,
Weston,
Wihnington,
Woburn,
Philip Russell,
James Kimball,
Ransom Reed,
Horatio G, F. Corliss,
James Fenno,
Stephen Moar,
Samuel W. Brown,
Joel Powers,
Sidney Spalding,
Benjamin Green,
Oilman Gale,
Lemuel Cox,
David Goodale,
Joseph P. Hall,
Marshall S. Rice,
Charles Farrar,
Charles Butler,
Lilley Eaton,
Ephraim Hale,
Noah Parmeter,
Jacob Coggin,
Joel Kendall,
Zephaniah Bennett,
William Baldwin,
William Dickson,
Otis Train.
HOUSE OF REPRESENTATIVES.
883
COUNTY
Ashbiiriiham^
Athol,
Aiibu?m,
Barre,
Berlin,
Bolton,
Boi/lslon,
Brookfield,
Charlton,
Dana,
Douglas,
Dudley.
Fitchburg,
Gardner,
Grafton,
Hardwick,
Harvard,
Holden,
Hubbardstoii,
Lancaster,
Leicester,
Leominster,
Lunenburg,
Mendon,
Blackstone,
Milford,
Mlllbury,
New Braintree,
Northboro' ,
Northbridge,
North Brookjield,
Oakham,
Oxford,
Paxton,
Petersham,
Phillipston,
Princeton,
Royalston,
OF WORCESTER.
Lysander Fay,
Walter A. Bryant,
Henry H. Brigham,
Simeon Lamb,
Daniel Stone,
Asahel Aldrich,
Moses Barnes,
Nathaniel Wood,
Asaph Wood,
Ebenezer Willard,
Samuel D. Greenwood,
William Bennett, Jr.,
Ezra Sawyer,
Dwight Bisco,
Charles W. Wilder,
> Benjamin D. Peck,
Alfred Bragg,
Caleb Maynard,
Lyman Robinson,
Jason Goulding,
Caleb S. Mirick,
Silas Kenney,
884
HOUSE OF REPRESENTATIVES.
Rutland,
Shrewsbury,
Souihboro' ,
iSouthbridge,
Spencer,
Sterling,
Shirbridge,
Sutton,
Templeton,
Upton,
Uxbridge,
Warren,
Webster,
Westboro\
West Boylston,
Westminster,
Winchendon,
Worcester.
William F. Davis,
Milton Boyden,
William D. Peck,
Francis W. Emmons,
Zadock Woodbury,
Artemas Lee,
Lewis Moore,
Lawson Harrington,
Amos Child,
Alexander H. Bullock,
Peregrine B. Gilbert,
Samuel Davis.
COUNTY OF HAMPSHIRE.
Amherst,
Belchertoum,
Chesterfield,
Ciimmington,
Easihampton,
Enfield,
Goshen,
Granby,
Greenwich,
Hadley,
Hatfield,
Middlefield,
Northampton,
Norwich,
Pelham,
Alfred Baker,
Harrison Root,
Royal Joy,
Giles C. Kellogg,
Elisha Wells,
Erastus Hopkins,
Charles F. Smith,
Calvin D. Eaton,
HOUSE OF REPRESENTATIVES.
885
Plainjield,
Prescott,
Andrew Hyde,
South Hadley^
Titus Clark,
Soutltampton,
Noah L. Strong,
Ware,
Arthur L. Devens,
Wesihampion,
JVillia msbiirg,
Worihington,
Elisha H. Brewster.
COUNTY OF HAMPDEN.
JBlandford,
Brimjield,
Alured Homer,
Chester,
Granville,
Carlos Gibbons,
Holland,
Longmeadow,
Alford Cooley,
Ludlow,
EU M. Smith,
Monson,
WiUiam N. Flynt,
Montgomery,
Palmer,
Calvin Torrey,
Russell,
Southwick,
Eli L. Moore,
Springfield,
WilUam Dwight,
Timothy W. Carter,
Titus Amadon,
Joseph D. Decreet,
Silas Mosman, Jr.,
Tolland,
Henry A. Bills,
Wales,
Westfield,
Israel Sackett,
Josiah S. Knowles,
West Springfield,
Wilbraham,
John Smith.
113
886
HOUSE OF REPRESENTATIVES.
Ashjield,
Berriardston,
Buckland,
Charlemont^
Coleraine^
Conway^
Deerjieldy
Erving,
Gill,
Greenfield,
Hawley,
Heath,
Leverett,
Leyden,
Monroe,
Montague,
New Salem,
Norihfield,
Orange,
Rowe,
Shelburne,
Shutesbiiry,
Sunderland,
Warwick,
Wendell,
Whately,
COUNTY OF FRANKLIN.
Samuel W. Hall,
William Sherwin,
William J. Davis,
John Clary,
Whiting Griswold,
Thomas Longley,
Presbury Hillman,
Jefferson Moore,
Jesse Henry,
Joseph Clapp,
Josiah Thompson,
Joel Davis,
Solomon Amidon,
Asa Severance,
Rodolphus B. Hubbard,
Ira Draper,
Chester Bardwell, 2d.
Adams,
Alford,
Becket,
Cheshire,
Clarksburg,
Dalton,
Egremont,
COUNTY OF BERKSHIRE.
Henry L. Dawes,
Dallas J. Dean,
Stephen W. Carter,
Loomis Austin,
HOUSE OF REPRESENTATIVES.
887
Florida^
Great Barrington^
Hancock^
Hinsdale,
Lanesboro\
Lee,
Lenox,
Monterey,
Mount Washingio7i,
New Ashford,
Neiv Marlborough,
Otis,
Peru,
Pittsjield,
Richmond,
Sandisjield,
Savoy,
Sheffield,
Stockbridge,
Tyringham,
Washington,
West Stockbridge,
WilUamstown,
Windsor,
Daniel Bradley,
Joshua R. Lawton,
Leonard Doty,
Henry Smith,
Erastus Dewey,
Frederic T. Wallace,
John V. Barker,
Richard C. Cogswell,
BiUings Palmer,
Daniel B. Fenn,
John Branning,
Thomas W. Barnes,
Daniel N. Dewey,
Henry A. Pierce.
Bellingham,
Braintree,
Brookline,
Canton,
Cohasset,
Dedham,
Dorchester,
Dover,
Foxboro\
Franklin,
COUNTY OF NORFOLK.
John Howe,
Solomon J. Beal,
Ezra Wilkinson,
William Peirce,
Edward H. R. Ruggles,
Paul B. Clark,
HOUSE OF REPRESENl'ATIVES.
Medfield,
Medioay^
Milton,
Necdham,
Quincy,
Randolj)h^
Roxbury,
Sharon,
Sioughton,
Walpole,
Weymouth,
Wrentham,
Jonathan P. Bishop,
Nathan Jones,
Jason Reed,
Thomas Kingsbury,
Eleazer Beal, Jr.,
John B. Jones,
Francis Hilhard,
Edward Turner,
Francis W. Bird,
Samuel Warner, Jr.
Attleboro',
Berkley,
Dartmouth,
Dighton,
Easton,
Fairhaven,
Fall River,
Freetoivn,
Mansfield,
New Bedford,
Norton,
Pautucket,
Raynham,
Rehoboth,
Seekonk,
Somerset,
COUNTY OF BRISTOL.
James Rider,
Abner R. Tucker,
William T. Rose,
George Mendell,
Isaac Wood, Jr.,
David Perkins,
Hezekiah Battelle,
William R. Robeson,
William B. Staples,
EHjah Hodges,
William J. Rotch,
Richard A. Palmer,
Luther Baker,
Calvin Staples,
Nahum Bates,
Thomas Perry,
Leonard Walker,
HOUSE OF REPRESENTATIVES.
889
/Swa?izy,
Taunton,
Westport,
Jonathan Barney,
Alvan Cobb,
James M. Williams,
Samuel Cain, Jr.,
Benjamin B. Sisson.
COUNTY OF PLYMOUTH.
Ahingion,
Bridgewater,
Carver, '
Duxbnry,
East Bridgewater,
Hall/ax,
Hanover,
Hanson,
Hingham,
Hull,
Kingston,
Marshjield,
Middlehoro\
North Bridgewater,
Pembroke,
Plymouth,
Plympton,
Rochester,
Scituate,
Wareham,
West Bridgewater,
Timothy Cobb,
John K. Corbett,
Elkanah Cushman,
Daniel Phillips,
Nahiim M. Tribou,
Cephas Shaw,
Josiah W, Kingman,
James Thiirber,
Truman Bartlelt,
Nathan S. Clark,
Solomon K. Eaton,
Benjamin Savery,
Austin Packard.
Barnstable,
Brewster,
Chatham,
COUNTY OF BARNSTABLE.
Josiah Hinckley,
Samuel A. Wiley,
Albert P. Clark,
Samuel Doane,
890
HOUSE OP REPRESENTATIVES.
Dennis^
Eastham,
Falmouth,
Harwich,
Orleans,
Provincetown,
Sandwich,
Trvro,
Wellfleet,
Yarmouth,
William Howes,
Barnabas Doane,
Knowles Butler,
Cyrus Weeks,
Alexander Kenrick,
F. B. Dillingham,
Henry Bourne,
Jedediah Shed,
Caleb Lombard,
Samuel Matthews.
Chilmark,
Edgartown,
Tisbury,
DUKES COUNTY.
Sirson P. Coffin.
COUNTY OF NANTUCKET.
Nantucket, Joseph Mitchell,
William Barney,
David Baker,
Justin Lawrence.
Chaplains.
Charles W. Storey, Clerk.
Rev. Silas Aiken,
Rev, S. Hale Higgins,
Benjamin Stevens, Sergeant-ai-Arms.
Thomas R. Spear, Messenger to the Governor and Coun-
cil.
Alexis Poole, Doorkeeper.
David Murphy, Messenger.
Timothy Hayes, Assistant Messenger.
William L. Champney, Page.
dLommonmcaitl) of iHassacbtisctts.
SECRETARY'S OFFICE, JUNE 17th, 1848.
I HEREBY Certify, that the printed Acts, Resolves, &c., contained in this
pamphlet, are true copies of the originals in this office.
WILLIAM B. CALHOUN,
Secretary of the Commonwealth.
APPENDIX
TESTIMONIALS OF RESPECT
illcmorji of Jol)n Xinhua ^trams.
LEGISLATURE OF MASSACHUSETTS.
114
(EommontDealtt) of iMaasacljusctts,
In Senate, April 26, 1848.
Ordered, That tlie Committee appointed to request a copy of
Mr. Everett's Eulogy for publication, be directed to prepare, and
furnish to the Secretary of the Commonwealth, a statement of the
proceedings of the Legislature in relation to the death of John
Quincy Adams, for publication with the Laws and Resolves of the
present session.
Sent down for concurrence.
CHAS. CALHOUN, Clerk.
House of Representatives, April 26, 1848.
Concurred.
CHAS. W. STOREY, Clerk.
896 TESTIMONIALS OF RESPECT
€DmmoniDcalt!) of ittassacljusctts.
In Senate, Feb. 25, 1848.
Immediately after the reading of the journal, Mr. Buckingham,
. a senator from Middlesex, rose and spoke as follows, viz. : —
Mr. President : —
I respectfully ask the Senate to suspend, for a few minutes, the
ordinary course of business, and to allow me to ofier an order, for
the consideration of wliich the present moment seems to be appro-
priate.
The annunciation I am about to make must have been already
anticipated. Wilhngly would I have transferred the melancholy
task to lips more eloquent than mine. Sadly have I undertaken to
perform a duty imposed upon me by the suggestions of those, who
have a right to require my service, and whose counsel I am bound
to treat with respect.
Our fellow-citizen — John Quincy Adams — our brother — for he
was a son of Massachusetts — is no more. The accomplished scholar,
the true-hearted patriot, the exalted statesman, the exemplary
Christian, is no more.
This is not the time, nor the place, nor am I the man, to pro-
nounce his eulogy or to portray his character. The circumstances
attendmg his death call for no rehearsal here.
His country is the stage on which he has performed a glorious
part, — admiring nations have been spectators of his deeds, — the
world has applauded, — approving Heaven and grateful posterity
will bestow the recompense of reward.
Devoted to the welfare and prosperity of his country, — ever
anxious to defend her from insult and injury, — proud of her rank
among the nations of the earth, — ^but yesterday, as it were, he stood
at his post, a watchman on the walls of Freedom's citadel. To-day
his nerveless frame is cold, and his lifeless dust -will to-morrow be
TO THE I^IEMORY OF J. Q. ADAMS. 897
united with its kindred relics of mortality. His immortal part has
entered the portals of eternity, and the door is shut. Beyond that
awful partition no mortal eye can trace his progress ; but we humbly
trust that his spirit is now a welcome and delighted guest in the
Society of the Just made perfect, enjoying the vision of God.
The lips of that " old man eloquent " are cold and motionless ;
the eye that beamed intelligence is sealed in that " sleep that knows
no waking ; " the voice, so often heard pleading the cause of op-
pressed humanity, is hushed in the silence of death ; his heart, whose
every pulsation was a token of rebelhon against unrighteous power,
or a struggle for human freedom, has ceased to move. But his yiy-
tues will forever bloom by the side of the river of the water of hfe,
and shed their fragrance over the country they have honored,
adorned and blessed.
Mr. President, I move the adoption of the following order : —
Whereas, intelhgence has been received from Washington, an-
nouncing the death of the Hon. John Quincy Adams, Ex-President
of the United States, and Representative in Congress from this
Commonwealth ; therefore, —
Ordered, That , with such as the House may join, be a Com-
mittee to consider and report what measures it may be proper for
the Legislature to adopt as a testimonial of its gratitude for the
pubhc services, and respect for the memory, of the illustrious dead.
And said order was unanimously adopted, and
Messrs. Buckingham, of Middlesex,
BiGELOW, of Suffolk,
Phelps, of Hampden,
DoANE, of Norfolk, and
Bradley, of Nantucket and Dukes County,
were appointed on the part of the Senate.
On motion of Mr. Deimy, of Worcester, the Senate then ad-
journed.
House of Representatives, Feb. 25, 1848.
The Order from the Senate, providmg for a Committee to consider
what measures were necessary to be taken in consequence of the
death of John Quincy AdAxMS, came down for concurrence, and
was read from the Chair.
898 TESTIMONIALS OF RESPECT
Mr. Bullock, of Worcester, then rose and spoke as follows : —
Mr. Speaker: —
The Order which has been read from the Chair, has brought to
the House the melancholy intelligence, of which we were before,
with too much certainty, apprised. John Quincy Adams is no
more ! He expired in the capitol, at Washington, night before last.
He died, as he lived, in the service of his country. In his place
in the House of Representatives, consecrated to history by his la-
bors of nearly twenty years for Massachusetts and the Union, he
was stricken with the approaching agonies of death. He breathed
his last sigh amid the scenes of his former glory. There is a prov-
idence and sublimity in the coincidence, by which the great actions
of his life and the last whisper of his departing spirit are made to
haUow one and the same spot.
Although we have all been aware, for some time past, of the
tremulous tenure by which this beloved and venerable statesman
maintained his hold upon life, yet not tUl now have we apprehended,
to its full extent, the appalling event. When the first intelligence
reached us, at once all hearts were heavy and sad. Every body
felt kindness, aflFection, reverence for the aged Ex-President. His
name had become so blended with our associations of the past, his
fame rendered so largely historic and so dear to us, that it seemed
like snapping the tie that bound the last to the present generation
of men.
It would not be quite proper in me to pass in review all the lead-
ing events in the hfe of this great man. They are in history
familiar to all men. They date back to a period prior to om*
present form of government. He had a fame, at home and abroad,
before we had a Constitution. In the dawn of his manhood, he re-
ceived the marked confidence of Washington. Early in life he
represented Massachusetts in the national Senate. The sagacious
Madison entrusted to him a position in the most important and
delicate international commission known to modern times. The war
closed, and it was John Quincy Adams who then guided the ad-
ministration of Monroe through its perilous trials of policy. The
world recogTiized his great abihties as a statesman, and the masters
of diplomacy welcomed the light of his learning with a new joy.
During four years he presided over the republic, the muse of his-
tory shall say with what fideUty and impartiality, with what dis-
TO THE MEMORY OF J. Q. ADAMS. 899
criminating regard for lier advancing prosperity and renown, with
what ahihty of conception and comprehensive scope of pohcy,
whether with an eye to his own aggrandizement, or, rather, with liis
eyes directed to the welfare of his whole country, and the approving
smile of that Being to whose rewarding judgment he has now pen-
etrated within the veil. Of his subsequent services as a Massachu-
setts Representative m Congress, — ^but that is in all oui- hearts,
with the freshness of yesterday.
Truly, Mr. Speaker, this remarkable man has come down to us
from the Revolution : has mingled conspicuously in all great public
events, from the morning of the repubhc until now. He has been
the cotemporary of three generations. When I reflect, how varied
his knowledge, affluent with the contributions of aU ages and all
climes, attuned to all languages, adapted to every department of
human research and inquii-y, — the learning of the world gathered
in, stored, embeUished, — I can feel the force of the remark of the
Roman orator, upon a kindred occasion, that it is to be regretted
that such a man must ever die !
But the pall has fallen. Our beloved state mourns at the grave
of a favorite son. It seems but a day since the national courts
were hung m sable, in memory of another of her sons, who, dying,
left the jurisprudence of his comitry bereft of its brightest ornament
and noblest benefactor. Wherever law shall be respected, and
Christian jurispnidence have its votaries, many eyes will kindle
with affection at the name of Story. Whenever and wherever
Christian patriotism shall be cherished, or civil hberty have a friend
or a foe, there will not be wanting those who shall love to do honor
to the name of Adams.
Both hemispheres will bear witness to his recorded honors ; but
his native state will hold him in nearer memory. She will remem-
ber that he never declined to stand up for her name and character,
to honor and defend her. She will cherish his irreproachable
Christian character. She will record his name high up, beyond
the reach of envy or ambition, that the coming and departing
myriads of heflr sons may gaze upon it from age to age. It shall
inspire them with a reinvigorated love of hberty. It shall enlarge
their sympathies for oppressed humanity. And there, sir, it shall
remain, through the vicissitudes which surround human institutions,
worthy to claim a fellowsliip with the name of Washington.
900 TESTIMONIALS OF RESPECT
Mr. D^vight, of Springfield, next addressed the Chair, as foUo-^vs : —
Mr. Speaker : —
A learned, eloquent, faithful public servant has found " the end
of earth." Venerable and fuU of years, fuU of honors, of knowl-
edge, of learning, full of the spirit of hberty, with his natural force
hardly abated, his natural vigor unvanquished, he has fallen in the
midst of his labors, — on the field of his bloodless fame, felix non
vitce claritate sed etiam o^jpo^-tunitate mortis^ — a hero of admired
courage and unstained hands, — a champion with no- other sword
than that of the spirit, but dreaded by the oppressor and loved by
the oppressed. He was the living history of our country. His
public hfe was coeval with the foundation of the repubhc. Born
before the Revolution, his youth was informed by its spirit, — ^his
family illustrated by its deeds, — he conversed and comiselled with
Washington, with Jeiferson, with Madison, and with Monroe ; and
was connected, at home or abroad, with the administration of each ;
and, in his own administration, he was the representative of the
fathers of the republic.
But, so imbued with the spirit of the fathers of the repubhc, that
his character seemed an embodiment of the heroic past, with singu-
lar felicity, he, a remnant of a past generation lingering on the
stage of action, connected himself more with the future than with
the past. He shadowed forth the ideas by which the world is to be
carried along in its future progress ; he was the champion of human
rights not yet vindicated, and which are yet, for a long time, to
agitate the world, — he led the van in the contest of hberty against
slavery, — the future history of the country is to be influenced,
moulded, formed, shaped more by his spirit than by that of any
other man of the age.
Channing was the silent student, the eloquent expounder of the
rights of man. Adams was, in hving action, their defender, cham-
pion, vindicator. Webster is the able expounder of the Constitu-
tion and the friend of well-regulated liberty ; Adams himself
admhiistered the Constitution in its true spirit, and Ms life is the
history of republican liberty and democratic freedom.
A Statesman, — who ever equalled him in knowledge of govern-
ment, of history, of diplomacy, of pubhc law ? A Patriot, — who
ever devoted his hfe so faithfully, so laboriously, so conscientiously
to the service of his country ? A Man of Science, — who ever was
TO THE MEMORY OF J. Q. ADAMS. 901
more faithful to the mterests of leammg ? A Christian, — who
eyer carried mto the highest station more of the humihtj of his
Master ?
It may be that few names of this generation will survive on the
stormy tide of time, but as long as the names of the elder and
younger Scipio, — as long as the names of the elder and younger
Pitt, — so long wiU the names of the elder Adams and his greater
son survive. It may be, we shall fail in our experiment of self-gov-
ernment ; but, venerable man ! mighty sage ! noble champion of
freedom ! nothing can rob our institutions of the glory of having
produced such a man.
The Speaker then said, All those in favor of adopting the order
will signify the same by rising. Each member rose in his place in
silence, and it was declared to be a unanimous vote.
The Speaker then appointed, as the Committee on the part of the
House, —
Messrs. Bullock, of "Worcester,
DwiGHT, of Springfield,
Gray, of Boston,
BouTWELL, of Groton,
Kellogg, of Hadley,
Wilkinson, of Dedham,
Dewey, of Williamstown,
Bradbury, of Newburyport,
Baker, of New Bedford, and
Hinckley, of Barnstable.
Mr. Baker, of New Bedford, then rose and said, —
Mr. Speaker : —
The announcement of the solemn event which has just been given
to this House, of the removal of the Hon. John Q. Adams from
the scene of his useful and faithful labors, by a sudden death,
induces me to say that I am deeply sensible of the solemn effect
which is produced on the mind of every member of this House. It
is a loss which is deeply felt, not only by this body, but by the
whole of his countrymen, who have, by his eminent and untiring
services, instruction and covmsel, been aided to rise to the eminent
station which this republic, at this time, occupies among the most
115
902 TESTIMONIALS OF RESPECT
distinguished nations of the earth. Under a deep sense, therefore,
of the loss which Ave have sustained, of the unfading honors due to
the departed, and the sorrow which fills our hearts, I move that the
House do now adjourn.
The motion was carried unanimouslj, and, at 12 o'clock, the
House adjourned.
In Senate, Feb. 26, 1848.
Mr. Buckingham, from the Select Joint Committee, appointed to
consider and report what measures it may be proper for the
Legislature to adopt, as a testimonial of gratitude for the public
services, and respect for the memory, of the late John Quincy
Adams, reported, that the Committee have attended to the duty
assigned to them, and ask leave to report the accompanying
RESOLVES ON THE DEATH OF JOHN aUINCY ADAMS.
Resolved, That the Legislature of Massachusetts has received
with deep emotion and profound grief, the intelligence, that John
QuiNCT Adams died at the capitol, in the city of Washington, on
the twenty-third day of February instant.
Resolved, That, as citizens of Massachusetts, we rejoice that this
illustrious man was a native of our own Commonwealth, and we
gratefully cherish his memory, as a son of Massachusetts ; but we
would not fail to remember that his distinguished public services,
his long experience and transcendent abilities as a Statesman, his
ardent devotion and unsullied integrity as a Patriot, make his char-
acter the property of the whole American Union, while the vigor of
his intellect — ^his extraordinary acquisitions as a scholar — ^his inex-
pressible love of liberty — his fearless and powerful advocacy of the
rights of man, give the whole civihzed world a title to his name, and
enroll it on the page or history.
Resolved, That we regard the republican simplicity of his man-
ners, his elevated morals, his Christian virtues, his reverence for
religion and its institutions, and the spotless purity of his life, as the
cliief glory of his character, and the foundation on which shall rest
the fabric of his fame.
Resolved, That, with melancholy pleasure, we behold such a pub-
lic servant, when summoned to his final account, falling at the post
of his duty.
TO THE MEMORY OF J. Q.. ADAMS. 903
Resolved, That, as a tribute of respect to tlie memory of John
QuiNCY Adams, the Hon. Edward Everett be requested, at some
time during the present session of the Legislature, to dehver a
eulogy upon his life and character, before the executive and legisla-
tive branches of the government of this Commonwealth.
Resolved, That his Excellency the Governor be requested to
forward a copy of these Resolves to the widow and family of INIr.
Adams.
Passed unanimously.
ZENO SCUDDER, President.
In House of Representatives, Feb. 26, 1848.
Passed unanimously in concurrence.
FRANCIS B. CROWNINSHIELD, Speaker.
In Senate, Feb. 26, 1848.
Mr. Buckingham, from the same committee, submitted the follow-
ing orders, which were unanimously adopted, to wit : —
Ordered, That the Select Committee, which reported the fore-
goino; resolves, be instructed to communicate to the Hon. Edward
Everett the above resolve, inviting him to deliver the eulogy.
Ordered, That, in case Mr. Everett should comply with the
request embraced in this resolve, the same committee be directed
to make all necessary and suitable arrangements to carry into effect
the intention of the resolve.
House of Representatives, Feb. 26, 1848.
The above orders from the Senate came down, and were passed
in concurrence.
Mr. Boutwell, of Groton, then said: —
Mr. Speaker: —
Feehng most sensibly, in common with the members of this
House, and the people of this Commonwealth, the great loss wliich
the country has sustained in the death of the most extraordinary
man it has ever produced, and the entire inappropriateness of any
further proceedirigs to-day, I move that this House do now adjourn.
And accordingly, at a quarter before twelve, the House adjourned
till Monday.
904 TESTIMONIALS OF RESPECT
In Senate, Feb. 28, 1848.
' Mr. Buckingham, in behalf of the Committee on measures in
relation to the death of John Quincy Adams, communicated the
following correspondence, to wit : —
State House, Boston, Feb. 26, 1848.
To THE Hon. Edward Everett: —
Sir,— The undersigned, a Committee of the Legislature of Mas-
sachusetts, are instructed to communicate to you the following
resolve, this day passed : —
'-^Resolved, That, as a tribute of respect to the memory of John
Quincy Adams, the Hon. Edward Everett be requested, at some
time dm'mg the present session of the Legislature, to deliver a
eulogy upon his life and character, before the executive and legisla-
tive branches of the government of the Coinmonwealth."
In communicating the above resolve, permit us to say, that,
should you comply with the request embraced in the resolve, we
shall be most happy to make such arrangements to carry into effect
the intention of the resolve as will suit your convenience.
Permit us also to add, that we are, with sentiments of liigh con-
sideration and respect,
Your obedient servants,
Joseph T. Buckingham,
A. II. Bullock,
Wm. Dwight,
Luther Baker,
John C. Gray,
Daniel N. Dewey,
Giles C. Kellogg,
Eben. Bradbury,
Ezra Wilkinson,
Geo. S. Boutwell,
JosiAH Hinckley,
James C. Doane,
Thomas Bradley.
TO THE MEMORY OF J. Q. ADAMS. 905
Cambridge, Feb. 26, 1848.
Gentlemen : —
I have received your letter of this day, communicating a resolve
of the Legislature, by Avhich, as a tribute of respect to the memory
of John Quincy Adams, I am requested, at some time during the
present session, to deliver ^ eulogy upon his life' and character, be-
fore the executive and legislative branches of the government of the
Commonwealth.
You wUl oblige me by informmg the two Houses that I am deeply
sensible to the honor of their invitation, and that I consider it a
matter of duty to comply with their request. My time is much
taken up with my official engagements, but I will make the requisite
preparations as soon as possible.
I remain, gentlemen, with great respect.
Your obedient servant,
EDWARD EVERETT.
Messrs. J. T. Buckingham, A. H. Bullock, William Dwight, Luther
Baker, John C. Gray, Daniel N. Dewey, Giles C. Kellogg, Eben.
Bradbury, Ezra Willdnson, Geo. S. Boutwell, Josiah Hinckley,
James C. Doane, Thos. Bradley.
House of Representatives, Feb. 28, 1848.
Ordered, That the Select Joint Committee, appointed on the
25th inst., " to consider and report what measures it maybe proper
for the Legislature to adopt, as a testimonial of gratitude for the
public services, and respect for the memory, of the late John
Quincy Adams," be authorized to make such arrangements, and
incur such expenses, on behalf of the Commonwealth, as they may
deem suitable, in dressing in mourning the Senate Chamber and
the Hall of the House of Representatives, and in connection with
the funeral obsequies of the deceased.
Sent up for concurrence.
CHAS. W. STOREY, aerk.
Senate, Feb. 28, 1848.
Concurred.
CHAS. CALHOUN, aerh
906 TESTIMONIALS OF RESPECT
In Senate, March 9, 1848.
Mr. Buckingham, from the Special Joint Committee on measures
in relation to the death of John Quincy Adams, submitted the
following Report, in part : — ■
That a sub-committee, consisting of Messrs. Bigelow, Doane, Bul-
lock, Boutwell, Bradbury, WUkinson, and Dwight, were deputed to
meet the Committee of Congress, which accompanied the remains of
Mr. Adams from Washington, and to tender to those gentlemen the
hospitalities of this Commonwealth.
By our Sub-Committee we are informed, that the remains of Mr.
Adams will arrive at the depot of the Boston and Worcester Rail-
road, in this city, at 1 o'clock, P. M., on Friday, and be there
delivered to the Joint Committee. The Committee recommend,
that the executive and legislative branches of the government
should assemble at the hall of the railroad depot, prepared to unite
with the municipal authorities of the city, — in comphance with
their invitation, — in the procession to Faneuil Hall, agreeably to
the arrangements of the Chief Marshal, as published in the news-
papers of this morning.
And said Report was accepted.
Sent down for concurrence.
CHAS. CALHOUN, Clerk.
House of Representatives, March 9, 1848.
Accepted in concurrence.
CHAS. W. STOREY, Clerh.
In Senate, March 10, 1848.
The Joint Select Committee, appointed to arrange the ceremonies
in honor of the memory of Hon, John Quincy Adams, further
Report, in part : —
That, in consequence of the inclemency of the weather, the Gov-
ernment of the city of Boston have relinquished their arrangements
for a civic procession, to accompany the remiiins of Mr. Adams
from the railroad depot to Faneuil Hall.
TO THE MEMORY OF J. Q. ADAMS. 907
All members of the executive and legislative branches of the
State Government -will be admitted to Faneuil Hall at half past two
o'clock, this P. M. The Committee recommend that the Sergeant-
at-ai-ms, or one of liis assistants, be in attendance at the door of the
hall, to introduce the members to the doorkeepers.
The remains of Mr. Adams will be accompanied from the rail-
road depot to Faneuil Hall, bj the Joint Committee and the Com-
mittee of Congi'ess, and there, in the presence of the executive and
legislative branches of the Government, be consigned to the city
government of Boston,
An invitation from the municipal authorities of the town of
Quincj, to attend the funeral of Mr. Adams at Quincy, to-morrow,
at one o'clock, P. M., having been tendered to the executive and
legislative branches, the Committee recommend that the invitation
be accepted.
The president and directors of the Old Colonj Railroad having
offered to prepare an extra train of cars to convey the members of
the Legislature to Quincy, to attend the funeral of Mr. Adams, the
Committee recommend that the invitation be accepted, and that
both branches adjourn to-morrow as early as half-past eleven
o'clock. The president of the railroad proposes to furnish tickets
for the members and officers, which will be delivered by the
Sergeant-a<>arms .
The cars will start for Quincy precisely at 12 o'clock. The
Committee recommend that the public offices of the State be closed
this day and to-morrow at 12 o'clock.
By direction of the Committee,
JOS. T. BUCKINGHAM, Chairman.
Senate, March 10, 1848.
Accepted,
Sent down for concurrence.
CHAS. CALHOUN, Clerk.
House q¥ Representatives, March 10, 1848.
Concurred.
CHAS. W. STOREY, Clerk.
908 TESTIMONIALS OF RESPECT
The two Houses having adjourned, the executive and legislative
branches of the Government proceeded to Faneuil Hall a few
minutes before two o'clock. The train of cars which brought the
body of Mr. Adams, together with the Congressional Committee,
arrived at the depot, where the Legislative Committee were in
waiting to receive them. The coffin having been taken from the
car, and placed before the Legislative Committee, the Hon. Mr.
Tallmadge, of New York, chairman of the Congressional Committee,
addressed them as follows : —
'■^ 3Ir. Cliairman of the Committee of the Senate and House of
Repi^esentatives of the Commonwealth of Massachusetts : —
The House of Representatives of the United States have selected
a committee representing every portion of the Union, charged with
the especial duty of accompanying the remains of Mr. Adams to
the place of their interment. In the execution of this duty, the
committee left the city of Washington on Monday last, and have
now arrived in your city. Throughout their journey, there have
been displayed manifestations of the highest admiration and respect
for the memory of your late distinguished felloAv-citizen. In the
large cities through which we expected to pass, we anticipated such
demonstrations ; but, in every village and hamlet, at the humblest
cottage which we passed, and from the laborers in the field, the
same profound respect for the deceased was testified by their
uncovered heads. It now becomes my duty, as the organ of the
committee, to surrender into your hands, as the representatives of
Massachusetts, the illustrious dead. In performing this duty, I
must be allowed to say, we have long known this venerable man in
the hall of the House of Representatives. There we had Hstened
to his words of wisdom, and caught from his hps the fire of patriot-
ism, and, while speaking to us, as it were, we have seen him stricken
down in our midst. But I shall not attempt here to describe the
emotions that we experienced, or the bereavement that we have
-felt. Our personal bereavement is merged in the bereavement of
the nation. The nation is clothed in the habihments of woe. The
nation is bereaved in his loss, and the nation mourns. It is now
more than half a century since Massachusetts gave to the nation
his pre-eminent talents, his patriotism, and his virtues. You gave
him to his country, and all that remains of that illustrious gift we
now return to you."
TO THE MEMORY OF J. Q. ADAMS. 909
To this Mr. Buckingham replied as follows : —
"i!/>\ Chairman, and Crentlemen of the Committee of the United
States House of Representatives : —
As the official organ of the Legislature, I receive the gift you
proffer. The occasion produces emotions which no words of mine
can express. Such honors as you have paid to our illustrious dead,
have no parallel in our nation's history. While Massachusetts
weeps for the loss of a distinguished son, she is not insensible to the
sympathy of her sister states ; and, though she claims his maternity,
she has cheerfully shared with them the results of his filial love
and patriotic labors. The pall which covers his remains is not
embossed with emblems of war, nor decorated with laurel: the
shroud that enwraps them is not spotted with blood. But the
olive and the myrtle shall bloom upon his grave, and the pil-
grim who visits it, as he breathes the name of Adams, shall bless
the memory of him who was emphatically the friend of his race.
Mr. Chairman, we tender to you and your colleagues in this mission
of honor to Massachusetts, the assurances of our respect and grati-
tude, and invite you to accompany us to Faneuil Hall, where the
remains will be faithfully guarded till they shall be removed to
their last resting-place on the earth."
The body was then placed on a fmieral car, drawn by six black
horses, appropriately caparisoned. A procession, made up of the
mihtary escort, under the command of Col. B, F. Edmands, and
the carriages containing the Congressional and Legislative Commit-
tees, passed through several of the principal streets. On the
arrival of the procession at Faneuil Hall, the body was placed on a
platform in front of the mayor's chair. After a dirge by a military
band, Mr. Buckingham addressed the Mayor as follows : —
" The solemn dirge, whose sounds still vibrate in our ears — the
funeral drapery that surrounds us, veiling the light of day — are
significant of the chamber of death.
" To-day the all-subduing king of terrors rides forth in the majesty
of his strength. To-day the inexorable tyrant holds his court in this
our boasted temple of liberty, and here exhibits the trophy of liis power.
" The sickening, lurid gloom, that pervades the atmosphere of
this hall, sending its oppressive and subduing chill to every heart,
tells us too truly of his awful, mysterious, invisible presence.
116
910 TESTIMONIALS OF RESPECT
" Conscious of that presence, I feel my inability to perform the
service, to which I have been appointed. The mournful message,
with which I am charged, luigers on my hps.
" In the name, and in behalf of the government and people of
the Commonwealth of Massachusetts, whose honored but humble
servant I this day am, I consign to your faithful keeping, Mr.
Mayor, the mortal remains of John Quincy Adams, — all that was
mortal of that venerable man, whose age and whose vu-tues had
rendered him an object of intense interest and admiration to his
country and to the world. We place these sacred remains in your
possession, to be conveyed to their appointed home — to sleep in
the sepulchre, and with the dust, of his fathers.
" His undying name and his imperishable virtues are inscribed
on living tablets, that can never be lost. Let buoyant youth, and
vigorous manhood, and white-haired age study the inscription —
imitate his example — emulate the graces of his character — and,
like him, with unreluctant cheerfulness, obey the voice that calls
from the labor of duty on earth, to the reward of that labor in
heaven.
" The voice of sorrow, which sends its echoes round the land,
denotes the emphasis of a nation's grief for a nation's loss. From
the depths of the soul the cry has gone forth, and deep answereth
unto deep, — ' Help, Lord ! for the godly man ceaseth — the faithful
fail from among the children of men.'
" Science, literature, philosophy, patriotism, religion — mourn the
absence of a devoted disciple. Humanity, clad in sackcloth, and
sitting in ashes, refuses to be comforted because her ablest advo-
cate is not.
" But we grieve not for him. It is for ourselves that we weep.
The calamities that afflict our nature touch not him. He is no sub-
ject for lamentation and tears. He needs none of our sympathy.
"Oh! 'tis well
With him ; but who knows what the coining hour,
Veiled in thick darkness, brings for us ! "
" Mr. Mayor, my errand is done. My mission to you is ended.
" And now, once loved, and still venerable, but lifeless dust, fare-
well ! If adventurous imagination may follow the disencumbered
spirit, we behold it still pursuing its career of honor and glory.
The splendid volumes of immortality are opened before it. Other
TO THE MEMORY OF J. Q. ADAMS. 911
worlds, lighted by other suns, adapted for the abodes of other
modes and forms of being, court his fellowship, and attract liis
admiration. Stars, and constellations, and systems glowing with
midiminished effulgence, — though ages on ages have rolled over
them, — invite him to explore their mysterious movements, and
to trace their harmonious relations. Press onward, emancipated
spirit ; press onward in the path that leads to the everlasting Foun-
tain of hfe, intelligence, and truth. God Almighty speed thee on
thy march of eternity 1 "
Mr. Quincy rephed as follows : —
"iHfr. Chairman, — In behalf of the citizens of Boston, of every
sect and every party, I accept the guardianship of the mortal part
of our distinguished feUow-citizen. The citizens of Boston, who,
seventy years ago, thronged this hall, and listened to the words
that resulted in oui' Revolution, have, we trust, welcomed what was
immortal to the hberty of the sons of God.
" There is something sublime in the scene that surrounds us.
An honored son of INIassachusetts, — one who was educated by a
signer of the Declaration of Independence, — one who heard the
thunders of the great struggle for Hberty on yonder hill, — has,
after a hfe of unparalleled usefulness and fidcHty, fallen in the
capitol of the country he served.
" The inscriptions that adorn these walls remind us of the offices
he held. Yonder testimony of the Father of his country shows
what was his youthful promise. The spontaneous feeling, at this
moment, of a whole people, prove how that promise was redeemed.
" His remains have been escorted here by delegates from every
State in our Union. They have passed over spots ever memorable
in history. They have every where been received with funeral
honors. They have reposed in the Hall of Independence — they
now lie in the Cradle of Liberty. It were presumption in me to
anticipate what will here be said on the character and virtues of
the departed, — on the high offices he held, and the great scenes in
wliich he participated. But, as a citizen of Massachusetts, I cannot
but acknowledge our sense of the honors paid to her distinguished
son. Mourned by a nation at its capital, attended by the repre-
sentatives of millions to the grave, he has received a tribute to his.
memory unequalled among men.
912 TESTIMONIALS OF RESPECT
" And this is no mere pageant. The spots on which this bier
rests on its journey to the grave will not be marked by visible
tokens — by the way-side cross, inviting all to pray for the soul of
the departed — but associations and recollections shall cluster there,
inspiring the living with the spirit of the dead ; and should the time
ever come when distance, and diflference of interests, shall seem for
a moment to weaken the bonds of the Union, we wiU remember that
our sister States sympathized with us in grief as readily as their
fathers rushed to our assistance in peril.
" These remains now rest in the Cradle of Liberty. It is their
last resting-place on their journey home. As a statesman's, ' this is
to them the last of earth,' — to-morrow they will be deposited in the
peaceful church-yard of the village of his birth, there to be mourned
not as statesmen mourn for statesmen, but as friend mourns for
friend.
" He will be ' gathered to his fathers,' and how great in this case
is the significance of the expression ! It is possible that other men
may be attended as he will be to the grave ; but when again shall
the tomb of a President of the United States open its doors to
receive a son that has filled the same office ?
" Happily for us, in this country there are no hereditary honors.
But as we shall stand before the simple monument erected by the
filial piety of him ayIio sleeps before us, and read that below slumber
the remains of the second President of the United States, — of one
who, on the fourth of July, 1776, pledged his life, his fortune, and
his sacred honor, to the independence of his country, — who, in
1783, by signing the definitive treaty of peace, redeemed that pledge,
and who, after having witnessed the liberty of his country for fifty
years, was summoned, on the birth-day of the nation, to the ' Inde-
pendence of Immortality, and the judgment of his God,' will not
the sternest republican allow that, in his case, hereditary worth
gave a title to hereditary honors ? The conclusion of that epitaph
is the fittest inscription for his own grave : —
" ' From lives thus spent thy earthly duties learn ;
From fancy's dreams to active virtue turn ;
Let freedom, friendship, faith, thy soul engage,
And serve, like these, thy country and thy age.' "
TO THE MEMORY OF J. Q. ADAMS. 913
March 11, 1848.
Immediatelj after the assembling of the several departments of the
GoA^ermncnt m their respective chambers, the Committee of the two
Houses introduced to the respective branches"' the Committee ap-
pointed bj the United States House of Representatives to attend
the remains of Mr. Ada:!iIS to the place of their intennent, consist-
ing of
Hon. Messrs. Tallmadge, of New York,
Hammons, of Maine,
Wilson, of New Hampshire,
CoLLAMER, of Vermont,
AsHMiTN, of Massachusetts,
Thurston, of Rhode Island,
Rockwell, of Connecticut,
Newell, of New Jersey,
McIlvaine, of Pennsylvania,
Houston, of Delaware,
LiGON, of Maryland,
Meade, of Virginia,
Barringer, of North Carolina,
Holmes, of South Carolina,
Lumpkin, of Georgia,,
HiLLiARD, of Alabama,
Brown, of Mississippi,
Morse, of Louisiana,
Edavards, of Ohio,
French, of Kentucky,
Gentry, of Tennessee,
Smith, of Indiana,
Wentworth, of Illinois,
Phelps, of Missouri,
Johnson, of Arkansas,
Bingham, of Michigan,
Cabell, of Florida,
Kaufman, of Texas,
Thompson, of Iowa, and
Tweedy, of Wisconsm Territory,
together with Mr. Seaton, Mayor of Washington, who, by special
914 TESTIMONIALS OF RESPECT
invitation, accompanied the above Committee as the representative
of the District of Columbia.
The Committee was addressed, and most cordially welcomed, in
the presence of the Executive Council, bj His Excellency the Gov-
ernor, and, in the House of Representatives and the Senate, by the
Speaker and President of those bodies respectively, immediately
after which, the several branches of the Government, accompanied
by the Congressional Committee, proceeded to the town of Quincy,
to attend the funeral of Mr. Adams.
In Senate, March 15, 1848.
The Select Joint Committee, having in charge the arrangement
of proceedings in honor to the memory of the late John Quincy
Adams, report further, in part ^ and recommend the passage of the
following Preamble and Resolutions, viz : —
Whereas, the House of Representatives of the Congress of the
United States appointed a Committee, consisting of one member
from each State and Territory, to take charge of and accompany
the remains of the late Honorable John Quincy Adams, from
Washington to Massachusetts, and the said Committee having per-
formed the service to which they were appointed, in a manner most
respectful to the memory of that distinguished statesman, and ac-
ceptable to this Legislature, —
Resolved, That the Legislature of Massachusetts tender to the
House of Representatives of the United States the thanks of the
government and people of the Commonwealth, for the signal honor
thus done to the memory of their illustrious fellow-citizen.
Resolved, That the thanks of the government and people of
Massachusetts be presented to the members of the Committee of
the United States House of Representatives, for the kind, cour-
teous, and respectful manner in which they discharged the melan-
choly duty of their office.
Resolved, That, in order that this public mark of respect to our
Commonwealth and her illustrious Son may always be had in re-
membrance, this report be placed on the Journals of the two
branches of the Legislature.
Resolved, That, as a memorial of our grateful sense of the honor
TO THE MEMORY OF J. Q. ADAMS. 915
paid to Massachusetts, hj the United States House of Representa-
tives, His Excellency the Governor be requested to transmit a copy
of this report to the Speaker of that honorable body, and also a
copy to each of the members of its Committee.
By direction of the Joint Committee,
JOSEPH T. BUCKINGHAM, Chairman.
Senate, March 15, 1848.
Accepted, and the Resolves passed.
Sent down for concurrence.
CHAS. CALHOUN, Qerk.
House of Representatives, March 15, 1848.
Accepted, and passed in concurrence.
C. W. STOREY, Clerk.
In Senate, April 8, 1848.
The Select Jomt Committee, instructed to make suitable arrange-
ments for the dehvery of a Eulogy on the late John Quincy Adams,
report, in part, —
That the proposed Eulogy will be pronounced in Faneuil HaU,
on Saturday, the fifteenth instant, by the Hon. Edward Everett.
The Committee recommend that a procession be formed at the
State House, at ten o'clock in the morning of that day, composed
of the executive and legislative departments of the government,
the city council of the city of Boston, and such other individuals
and pubhc functionaries and societies, as may be hereafter invited,
or may signify a desire to unite in this commemorative service.
The Committee further report, that the Hon. Charles Devens, a
member of the Senate, has been requested to perform the duties of
Chief INIarshal on the occasion, and has signified his readiness to
accede to the request.
The Committee further report, that, in compliance with an order
916 TESTIMONIALS OF RESPECT
from His Excellency the Governor, the Independent Cadets, under
the command of Col. Sever, will perform the escort duties of the
day.
By direction of the Committee,
JOS. T. BUCKINGHAM, Chairman,
Senate, April 8, 1848.
Accepted.
Sent down for concurrence,
CHAS. CALHOUN, Clerh.
House of Representatives, April 10, 1848.
Accepted in concurrence.
C. W. STOREY, Clerk.
April 15, 1848.
The two branches met at 9 o'clock, A. M., and adjourned forth-
with, to attend, agreeably to their votes of the 8th and 10th in-
stant, the ceremonies at Faneuil Ilall commemorative of the life,
public services, and death, of John Quincy Adams.
ORDER OF PROCESSION.
DIVISION I.
Mihtary Escort, by the Independent Cadets, under the command of
Lieut. Col. Sever.
Aids. Cliief Marshal. Aids.
The Committee of Arrangements of the Legislature.
The Orator.
Chaplains of the Senate and House.
His Excellency the Governor and Suite.
His Honor the Lieut. Governor and the Council.
The Secretary and Treasurer of the Commonwealth.
The President of the Senate and Senators.
The Speaker of the House of Representatives, Representatives and
Officers.
TO THE MEMORY OF J. Q. ADAMS. 917
DIVISION II.
The United States Marshal.
Judges and Officers of the United States Courts.
Present and past Members of Congress.
Army, Navy, and Marine Officers of the United States.
Collector, Treasurer, Navy Agent, Captain of the Revenue Cutter,
and other United States Civil Officers.
Foreign Consuls.
Sheriff of Suffolk.
Judges and Officers of the State Courts.
Officers of the Mihtia, in imiform.
President, Corporation, and Board of Overseers of Harvard Uni-
versity.
The Reverend Clergy.
DIVISION in.
City Marshal.
The Mayor of Boston.
Aldermen and Common Council.
City Solicitor, Treasurer, Auditor, and Clerk.
School Committee and Teachers of the Public Schools.
Wardens and Ward Officers.
Overseers of the Poor, and other City Officers.
Chief Engineer and Fire Department.
DIVISION IV.
The Selectmen of the Town of Quincy.
Historical Society, Academy of Arts and Sciences. •
Faculty of Harvard University, and Students.
Authorities of Cities and Towns of the Commonwealth desirous of
joining the procession.
Associations of the City of Boston, who shall assemble and report
themselves to the City Marshal.
Citizens generally.
117
918 TESTIMOmALS OF RESPECT
COMMONWEALTH OF MASSACHUSETTS.
In Senate, April 17, 1848.
Ordered, That Messrs. Buckingham and Doane, with such as
the House maj join, be a Committee to tender the thanks of the
Legislature to the Hon. Edward Everett, for the appropriate and
eloquent Eulogy on John Quincy Adams, dehvered by him on the
fifteenth April, instant, at the request of the two branches of the
Legislature, and to request a copy thereof for publication.
Sent down for concurrence.
CHAS. CALHOUN, Clerk.
House of Representatives, April 17, 1848.
Concurred, and the House join, on their part, Messrs. Gray, of
Boston, Wilkinson, of Dedham, and Dewey, of Williamstown.
CHAS. W. STOREY, Clerk.
Senate Chamber, April 17, 1848.
Hon. Edward Everett,
Dear Sir, — The undersigned, a Committee appointed for the
purpose, have the honor to transmit to you the enclosed Order,
adopted unanimously in both branches of the Legislature.
In communicating this Order, and expressing our hope that you
mil comply with the request therein contained, the Committee pray
you to accept the assurance of their personal respect and most
affectionate regard.
Jos. T. Buckingham,
James C. Doanb,
John C. Gray,
Ezra Wilkinson,
Daniel N. Dewey,
In Senate, April 18, 1848.
The Select Joint Committee, appointed to tender to the Hon.
Edward Everett the thanks of the Legislature for liis Eulogy on
TO THE MEMORY OF J. Q. ADAMS. 919
John Quincy Adams, and to request a copy thereof for publication,
have attended to the duty assigned, and report the reply of Mr.
Everett, as herein enclosed, viz : — ■
Cambridge, 17th April, 1848.
Gentlemen,
I have received your letter of this day, enclosing to me an Order
of the Legislature, requesting a copy of my Eulogy on the late
President Adams, for publication. I hasten to comply with the
request of the two Houses, and feel myself much honored by this
mark of their approbation.
Be pleased to accept my thanks for the kind expressions of per-
sonal regard contained in your letter, and permit me to subscribe
myself. Gentlemen,
With the highest respect.
Your obliged fellow-citizen,
EDWARD EVERETT.
Messrs. Jos. T. Buckinglmm, James C. Doane, John C. Gray, Ezra
Wilkinson, Daniel N. Dewey, Committee.
The Committee further report, that Mr. Everett has placed the
manuscript of the Eulogy in the hands of the State printer ; and
the Committee recommend that six thousand copies be printed for
the use of the members of the executive and legislative depart-
ments of the govei'nment.
For the Committee,
JOS. T. BUCKINGHAM, Chairman.
Accepted.
Concurred.
Senate, April 18, 1848.
Sent down for concurrence.
CHAS. CALHOUN, Clerh.
House of Representatives, April 18, 1848.
C. W. STOREY, Clerk.
920 TESTIMONIALS OF RESPECT TO J. Q. ADAMS.
COMMONWEALTH OF MASSACHUSETTS.
In Senate, April 21, 1848.
Ordered, That tlie Clerk of the Senate be directed to procure,
for the use of the members of the Legislature, two thousand copies
of the funeral discourse delivered in Quincy, on Saturday, March
11, by the Rev. Wm. P. Lunt, on the life and services of Hon.
John Quincy Adams.
Sent down for concurrence.
CHAS. CALHOUN, Clerh.
House of Representatives, April 22, 1848.
Concurred.
CHAS. W. STOREY, Clerk.
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