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

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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. 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 



M3 
QD 



0^ 

» 
O 
H 

p 
© 



O 

O 



00 
CO 



IB 

Q 



be 



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I— I 

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O O O i> o o 

W5 IC »0 l>. lO W 
CJ CJ CJ Ci CV{ Cv{ 



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T— I T— I I— t 



I I I I I I 



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w ^ ^ 



Eh 
D 

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<3 



■ 1 1 1 1 1 


III 


bOn3~*r 


. Coolid 
lanchar 
. Barret 
onant, 
Long, 
Jones, 


<!Pq(JOpq;>2 


d><;g'c)j 


■ 1 1 1 1 1 


13 


a 


bcs s s s s 


M 


pq 


mnS-a-S^-S 


I— 1 Ot CO TJ< CO 



^ S « 

ddcd 



p^ 



254 



MILITARY ACCOUNTS. 






m 

O 
o 

< 



So 

<1 


o 

Oi 
CO 




t^COOOOifOiCOOt^COlOCOOOO'^O'^CJC^ 
COCOOOt^OtOJOCOOC^JCOOOO^COl^^iO 

C0Q0«5l0t>.t>.C0k«t^J>O00k0>0kflC>J'^J>OO 




o3 
E 


1 1 1 1 1 1 1 1 1 

m m 

sj - - - «. - eS 

ns --a 
' ' ' 'oiflus'Oi-iaj' ' ' 'co^w'oo 

rH rH rH f-lC* (M (M 1-1 (?t 

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a 

00 »* C^ <M 00 CO 1-1 C« QO CO 1> "«* Cf - - O ^ 00 lO t^. 
1— 11— ( r-(i— 1 r-<^i-HrH 


d 


1 1 I 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 

00 

^co- " "-^co" " '-icooico" "• "• " ?5'-'!-i<^ 

570)2 2 jjoss 5ja)30)2--2 (Uqjo)!^ 
mQ mQ cqQ<!Q PccF^<! 


S 
2 


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 





4©: 



MILITARY ACCOUNTS. 



255 



Jo 


oooooooooooooooooooooooco 

OOOOOOOOO'^OOOOOOOOOOOOOOi 
lCO"*O050}OWOQ000<?*CimW»0l>.O»/5O00»0O'-H 

CO •'a" m CO so t>» CO o CO Tt" »n oj CO Tj< CO CO CO i-i CO i-t CO ■^ CO 


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II 


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in rj. in CO OJ W -^ CO CO rjt rj< OJ CO -tl" CO CO -^ 1-1 ri 1-1 CO CO CO 
4© 




W lO IC Irt SO'* OTfTt 0{00Ok«OQ0Tj< O .- - .• COWOi-H 

i-ii-ic^ic^ (^i«5(^^1-l r-i co c^ oj — i cm (TJ " - - i-i cm i-i 




c*0}cocji-isoeo^cti-ieocoeosocococoi-i^i-ii-i<Mci<M 


s 

(S 

6 
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1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 
1 1 1 1 1 1 < 1 „'■''' ,^ 

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) 1 • < • 1 1 1 1 1 1 1 1 1 1 1 1 1 

1 1 I 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 ^ 1 1 1 1 

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Regiment. 


1 1 1 1 1 1 1 1 1 1 





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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NEWSPAPER ACCOUNTS. 269 



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NEWSPAPER ACCOUNTS. 






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NEWSPAPER ACCOUNTS. 



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,