K ; ,■*•■ *-»■.
STAiE HOUSE
BOSTON
l<f>
<£
^
c4>
RESOLVES
PASSED BY THE
General Court of Mamtmm$,
!.V THE YEARS
1849, 1850, 1851 :
TOGETHER WITH THE MESSAGES.
PUBLISHED BY THE SECRETARY OF THE COMMONWEALTH.
Ronton:
DUTTON AND WENTWORTH, PRINTERS TO THE COMMONWEALTH.
1851.
03= This book constitutes the fourth 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.
I N D E X
ACTS, RESOLVES, MESSAGES, &c. OF THE YEARS 1849, 1850, 1851.
A.
Abington and Weymouth, towns of, allowance to, ... Page 867
" Bank, incorporated, ....... 377
Absentees from School, concerning, ...... 468
Academy, Framingham, in addition to an act establishing, . . . GGQ
" Hopkinton, name established, ..... 23
Accidents upon Railroads, concerning, . . . . . 107
Accounts, lunatic pauper, payment authorized, .... 508
" miscellaneous, payment of, ..... 217
" of guardians and commissioners of Indians, concerning, . . 356
" pauper, payment of, 96, 202, 205, 210, 211, 213, 214, 215, 218, 219, 220,
221, 224, 225, 228, 230, 231, 236.
" relating to, for support of state paupers, .... 581
Account of Commissioners on Idiocy, payment of, .... 221
Actions, civil, concerning bail in, ..... . 403
" on joint contract, concerning defendants in, . . . 751
Acton, town of, allowance for support of paupers, .... 218
Acushnet River in New Bedford, in addition to act incorporating certain persons
to build a bridge over, ....... 812
Adams Bank, capital stock increased, ..... 354, 769
" Mutual Fire Insurance Company, incorporated, . . . 566
" Reuben A. to build a wharf in Provincetown, .... 584
" town of, allowance for support of state paupers, . . . 505
" Samuel, allowance to, . . . . . . 880
" Samuel, to extend wharf in Beverly, ..... 593
Adjutant General, allowance to pay Company C, 1st Regt. Art., . . 205
" " to sell wooden sheds, &c, ..... 228
Administrators and Executors, respecting sales by, .... 30
" " " for quieting titles to mortgaged real estate trans-
ferred by, ..... 781
" public, proceedings in case of their death, resignation, &c, . 79
Adoption of Children, to provide for, ..... 815
A
INDEX.
Advertisements, regulating publication of, issued under authority of probate judges
and commissioners of insolvency,
Aged Indigent Females, association for relief of, incorporated, .
Agents and Factors, relating to, ....
Agent for Discharged Convicts, warden of state prison to pay money to,
" Land, for appointment of, ....
" of Charles River and Warren Bridges, authorized to lease a wharf,
Aggravated Larceny and Shop Breaking, relating to,
Agricultural and Mechanic Hall Association, incorporated,
" Bank, capital stock increased,
" Branch Railroad, charter renewed and time extended,
" School, concerning the establishment of,
" Society, East Hampshire, concerning,
" " " " incorporated,
" " Franklin County, incorporated,
" " " " allowance to,
" " Housatonic, to receive the state bounty,
" " Norfolk, allowance to,
" " " incorporated,
" " Worcester County, West, incorporated,
" Societies, to exempt from taxation,
Agriculture, National Board of, concerning,
Alewive Fishery in Dennis, concerning,
Alewives in Herring River, in Barnstable, in addition to act concerning,
Alliance Insurance Company, name changed from Revere Mutual Fire and Marine
Insurance Company, .....
Alien Passengers, concerning, ....
" " relating to, ....
and state paupers, to appoint board of commissioners in rela
tion to, .
Allen, Ezra, to extend a wharf in Boston, ....
" Gilman P., allowance to, .....
" Stephen M., and Chas. B. Sawyer, to erect a dam across Bayley's Creek,
American Baptist Missionary Union and the Massachusetts Baptist State Conven
tion, agreement confirmed, ....
" Health Insurance Company, name established,
" Institute of Instruction, allowance to, ...
" Paper Folding Company, incorporated,
Amesbury, East Parish in, in addition to act authorizing disposal of property of,
" Flannel Manufacturing Company, capital stock increased,
Ames Manufacturing Company, capital stock increased,
Amherst and Belchertown Railroad, incorporated,
Amory, Elizabeth, administratrix, to file a bond, &c,
Amusements, public, concerning, .....
Ancient and Honorable Artillery Company, members of, exempted from jury duty
Andover, town of, allowance for support of paupers,
Annual Report of the Board of Education, concerning printing of,
" " " W " Tenth, providing for a reprint of,
Page 639
101
155
95
672
305
651
732
670
622
521
650
448
338
865
66
521
38
772
686
489
359
619
561
20
338, 467
847
315
887
433
503
416
867
413
639
184
5
769
505
178
680
219
214
208
INDEX.
in
x\nnuities, Indian, concerning, ...... Page 210
Anthracite Coal, sale regulated, ...... 92
" " repeal of act regulating sale of, .... 299
Appeal to Municipal Court of County of Suffolk, allowed in certain cases, . 18
Appleton Bank, capital stock increased, ..... 73
Appraisers in Civil Process, concerning appointment of, ... 752
" oaths to, sheriffs and deputies to administer, . . . 588
Aqueduct Company, Springfield, in addition to act incorporating, . . 399
" " Worcester, in addition to act incorporating, . . 403
" Corporations, concerning recovery of damages against, . . 782
Arnold, Harry, and J. Hecktor, on petition of, . . . . 883
Arsenal at Cambridge, Adjutant General to sell sheds, &c. at, . . . 228
Arrest for offences committed on the Lord's day, concerning, . . . 738
Ashfield Election, pay of witnesses allowed in case of, . . . 509
Ashland, overseers of poor of, allowance to, . . . » 494
Ashley Falls Company, incorporated, ..... 187
Ashuelot Railroad, lease of, may be taken by Connecticut River Railroad Company, 426
Assabet Manufacturing Company, incorporated, . . . . 103
Assessment of Taxes, concerning the more equal, . . . .73, 456
Assessors, corporations to make returns to, .... 4/6
" to ascertain and report lists of ratable estate, . . . 293, 327
Assistant Clerk of Courts in Worcester County, office established, . . 425
" Messenger of Governor and Council, pay of, . . . . 221
" State Librarian, salary established, .... 328
" Clerk, appointment of, for the courts of the county of Middlesex, . 578
Association, Boston Musical Hall, incorporated, .... 623
" Charitable, of Roxbury, fire department incorporated, . . 333
" for the relief of aged indigent females, incorporated, . . 101
" Grafton High School, incorporated, .... 286
" Lexington Monument, incorporated, .... 414
" Massachusetts Teachers', allowance to, . . . . 222
" Medford Library and Lyceum, incorporated, . . . 786
" New England and Engineers Mutual Benefit, incorporated, . 622
" Paucatuck Cemetery, incorporated, .... 349
" Worcester County Mechanics', incorporated, . . . 319
Atheneum, Cambridge, incorporated, ...... 14
" Roxbury, incorporated, ...... 649
Atkinson School Fund, trustees of, incorporated, .... 851
Atlantic Wharf Company, incorporated, ..... 597
Attachments, concerning bonds for dissolving, ..... 300
Attleborough, First Universalist Society in, time changed of holding annual
meeting, ......... 668
Attorney for Western District, salary increased, .... 92
" " " " to commence process against the tenth Massachu-
setts Turnpike Corporation, . . . 226
" General, office established, . . . . . . 117
" " to advise with Treasurer concerning loans of public funds, . 518
" " to assist District Attorneys, ..... 307
IV
INDEX,
Attorney, powers of, authorizing conveyance of real estate, concerning, . . Page 148
Atwood, Payne G., to extend wharf in Well fleet, .... 660
Auburn, lands and personal estate in, relating to, ... 430
" to set off" certain farms from and annex to Millbury, . . . 815
Auction, concerning tax on sales by, ...... 306
" sales, concerning tax on, ...... 90
Auctioneers' Accounts and Bonds, concerning, .... 306
" times for returns to Treasurer established, . . . 306
Auditor of Accounts, office established, ..... 33
" authorized to employ a clerk, .... 732
" • " to audit Sergeant at Arms' accounts, . . . 222
" to be Commissioner of Alien Passengers, . . . 847
" to compensate for expenses incurred in his office, . 884
Secretary and Treasurer appointed commissioners of public lands, . 476
Austin, Daniel, to sell real estate, . . . . . . 871
Averill, Warren, and associates, to drive piles in Ipswich River, . . 311
B.
Back Bay, flats in, survey authorized, ...... 497, 525
Bail in Civil Actions, concerning, ...... 403
" in Criminal Cases, concerning, ...... 604
" to surrender principal, ..... 455
Bait, clam, weight regulated, ....... 30
Balances, Weights and Measures, act in further addition, concerning, . . 594
" to be supplied to new towns, . . . 469
Baldwin Mills, proprietors of the Mill Dam Foundry authorized to purchase, . 101
Ballot, for better security of, . . . . . . . 694
Bank, Abington, incorporated, ....... 377
" Adams, capital stock increased, ...... 354, 769
" Agricultural, capital stock increased, ..... 670
" Appleton, capital stock increased, ..... 73
" Atlantic, charter renewed, ...... 568
" Attleborough, charter renewed, ...... 568
" Barnstable, capital stock increased, ..... 664
" Bay State, capital stock increased, . . . . 4, 669
" Bedford Commercial, capital stock increased, .... 677
Bills, penalty for engraving or issuing shop bills in the similitude of, . 5
" Blackstone, Boston, incorporated, ..... 764
" Blackstone, Savings, incorporated, ..... 85
" Blue Hill, name changed from Dorchester and Milton, . . . 563
" Boylston, capital stock increased, ..... 667
" Bridgewater Savings, incorporated, ..... 602
" Bristol County, capital stock increased, ..... 76
" Cambiidge Market, incorporated, ..... 772
" Cape Cod, incorporated, in Provincetown, .... 93
" Charters renewed, &c, . . . . . 157, 408, 568, 768
" Clinton Savings, incorporated, ...... 632
INDEX,
Bank, Cochituate, incorporated, in Boston,
" " capital stock increased, and location changed,
" Cohannet, further time to close its concerns,
" Commissioners, Board of. established,
" " powers extended,
" Danvers Savings, incorporated,
" Dedham, capital stock increased,
" Dorchester and Milton, name changed,
" Essex, in Haverhill, incorporated,
" Exchange, capital stock increased,
" Fall River, capital stock increased,
" Faneuil Hall, Boston, incorporated,
" Franklin County, established in Greenfield,
" " " capital stock increased,
" Freemans, capital stock increased,
" Granite, capital stock increased,
" Greenfield, capital stock increased,
" Grocers, capital stock increased, .
" Hadley Falls, in Holyoke, incorporated, .
" Haverhill, capital stock increased,
" Haymarket Square, in Boston, incorporated,
" Holyoke, capital stock increased,
" John Hancock, in Springfield, incorporated,
" Laighton, capital stock increased,
" " established in Lynn,
" Lancaster, capital stock increased,
" Lee, capital stock increased,
" Maiden, incorporated,
" Marine, capital stock increased, .
" Mariners, in Dennis, incorporated,
" " " " time extended for paying in capital stock,
" Massachusetts, charter renewed, .
" Mattapan, incorporated in Dorchester,
" Mechanics, in Boston, capital stock increased,
" " in Worcester, capital stock increased,
" Merchants, in New Bedford, capital stock increased,
" Middlesex, further time to close its concerns,
" Milford, capital stock increased, .
" " incorporated,
" " Savings, incorporated,
" Neponset, charter renewed,
" Newton, capital stock increased,
" North Bridgewater, Savings, incorporated,
" of Commerce, in Boston, incorporated,
" " " capital stock increased,
" of North America, in Boston, incorporated,
" People's, capital stock increased,
" Powow River, relating to,
VI
INDEX.
Bank, Prescott, in Lowell, established, .
" " capital stock increased,
" Quinsigamond, capital stock increased,
M Randolph Savings, incorporated,
" Rockport, incorporated, .
" Rollstone, in Fitchburg, incorporated,
" " capital stock increased,
" Scituate Savings, incorporated,
" Seaman's Savings, in Provincetown, incorporated,
" Shoe and Leather Dealers, capital stock increased,
" Springfield, capital stock increased,
" Taunton, capital stock increased,
" Traders, capital stock increased,
" Tradesmans, capital stock increased,
" " in Chelsea, incorporated,
" Tremont, in Boston, capital stock increased,
" Union, in Boston, capital stock increased,
" " " Haverhill, incorporated,
" Ware Savings, incorporated,
" Warren, in Danvers, capital stock increased,
" Western, in Springfield, capital stock increased, .
" " " " incorporated,
" Westfield, incorporated, ....
" Worcester County, in Blackstone, incorporated,
" " " time for paying in capital extended,
" " capital stock increased,
" " Worcester Mechanics Savings, incorporated,
Banks and Banking, in addition to act concerning,
" Savings, summoned as trustees, concerning,
" stopping payment, concerning liabdity of stockholders in,
Banking, to authorize business of,
Bannister, Wm. B., and Sarah W. Hale, on petition of, .
Banns of Marriage, concerning,
Barnard's School Architecture, to be furnished to towns,
Barnes, Almon, allowance to, .
Barney, William, .....
Barnstable Bank, capital stock increased,
" County Commissioners to lay out highway and build bridge in Dennis,
" " " to construct bridges,
" in addition to an act concerning alewives in Herring River, in
" land in, jurisdiction ceded to the United States,
Barre and Worcester Railroad Company, time for construction of road extended
and name changed, ......
Barstow, Wm. C. and others, to extend wharves in East Boston, .
Bass River, towns of Yarmouth and Dennis, to regulate fisheries in,
Bastard Children, concerning prosecution for maintenance of,
Baxter, Alexander and others, to construct marine railway at Gloucester,
" Norman G., allowance to, ... .
Page 367
729
696
585
366
109
678
681
581
98, 697
77
74
690
765
366
365
365
109
311
779
368
110
778
116
332
679
638
844
308
19
757
859
347
220
513
515
664
20
328, 349
619
40
33
615
21
606
290
875
INDEX.
vn
Baylies Creek, Allen and Sawyer to erect a dam across,
Bay State Bank, capital stock increased,
" " Iron Company, incorporated, .
" " Mutual Life Insurance Company, incorporated
" " Screw Company, incorporated,
" " Steamboat Company, incorporated,
Beach, Stony, in Hull, penalty for removing gravel from,
Beds, Pigeon, for protection of,
Bedford, Commercial Bank, capital stock increased,
Beef and Pork, concerning inspection of,
Belcher, Joseph, heirs of, to extend wharf in East Boston,
Belchertown and Amherst Railroad Company, incorporated,
" town of, allowance for support of paupers, .
Belting Company, Boston, capital stock increased,
Belt Leather, to provide for inspection of,
Bennington and Bridgeport Telegraph Company, incorporated,
Bensonville Manufacturing Company, name changed,
Berkshire County Commissioners, to pay expenses of highway in Franklin County
" " Court of Common Pleas in, additional term established,
" " Mutual Life Insurance Company, incorporated,
" " of, allowance for support of State paupers,
" Medical Institution, allowance to,
Berries, measurement regulated, .....
Beverly, proprietors of commons in, incorporated,
" protection of harbor of, .....
Birds and Beasts, penalty for taking, .....
" useful, concerning the preservation of, .
" " for the better preservation of, ...
Births, Marriages, and Deaths, concerning registration and returns of,
Bixby, Mary, allowance to, ..... .
Blackstone and Southbridge Railroad Company, in addition to act incorporating,
" Bank, Boston, incorporated, ....
" Savings Bank, incorporated, ....
" town of, allowance for support of paupers,
Blake, Edward, administrator authorized to sell real estate,
Blind, Perkins Institution and Massachusetts Asylum for, allowance to, .
Blue Hill Bank, in Dorchester, name altered from that of Dorchester and Milton,
Board of Education, Annual Report, clerk of the senate to print eight thousand
copies, .......
" " " appropriation of money for State Normal Schools, under di-
rection of, .....
" " " bequest of Henry Todd to, accepted,
" " " clerk of, salary established, ....
" secretary of, additional duties defined, salary established,
&.C., &c, ,
" " " duty, as to distribution, &c, of school docu-
ments. .....
" " " " " tenth report of, to be reprinted,
Page 433
4, GG9
299
G58
839
29
61
18
677
464
584
769
215
610
686
414
596
412
444
641
492
515
446
632
643
474
98
470
142
210, 508
636
764
85
221
500
222
563
214
875
318
328
154
38, 149
208
vm
INDEX.
Board of Education, secretary of, to be librarian of state library, employ an assist-
ant, &c, ....
" " " " " to forward school blanks to cities and towns,
" " " " " to furnish dictionaries to public schools,
" " " " " to publish reports, &c,
" " " to appoint agents, .....
" " " to determine length of sessions of teachers institutes,
" " " to direct expenditure for State Normal Schools,
" " " to prescribe form of school registers,
" " " to receive grants and bequests for educational purposes,
Boards of Health, city councils to perform duties of,
to remove occupants of cellars, &c, in case of nuisance or sickness, 341
Boilers, Steam, to prevent explosion of, .
Bolton, Mary C, allowance to, .
Bonds for dissolving Attachments, concerning, ....
" to be given to judges of probate concerning exemption from,
Boston and Lowell Railroad Corporation, location of branch roads confirmed,
" " " " " to build branch roads, &c,
" " Maine Railroad Company, capital stock increased,
" " New York Telegraph Company, incorporated,
" " Portland Telegraph Company, incorporated, .
" " Vermont Telegraph Company, incorporated,
« " Worcester Railroad Corporation, time for annual meeting changed,
" " " " " capital stock increased,
" Bagging Company, incorporated, ....
" Barre and Gardner Railroad Corporation, name established,
" " " " " Company, concerning,
" Bath and Washhouse Company, incorporated,
" Belting Company, capital stock increased,
" City Council of, relating to organization and powers of,
of, charter amended as to division into wards,
" fire department in, concerning, ....
" in addition to act to supply with pure water,
" part of Roxbury annexed to,
" side walks in unaccepted streets, concerning,
" superior court in, established, ....
" to establish a cemetery, ....
" to lay out a highway over Chelsea Free Bridge, .
" to lay water pipes under or by the bridges of the Eastern Railroad
Company, ......
" to purchase the franchise of Chelsea Point Bridge,
" Avater in, in addition to act for supplying,
" wooden buildings in, erection regulated,
Corner, providing for appointment of a commissioner, concerning,
Harbor and Back Bay, concerning, ....
" Commissioners' Line, altered, ....
" in addition to act to preserve, and prevent encroachments in,
" of flats in, continuing commissioners on, concerning,
Page 97
306
520
888
496, 865
37
225
149
330
150
90, 457
491
300
402
75
15
176
82
316
174
6
306
175
33
591
320
610
842
370
446
119,621
460
87
187
95
72
141
70
486
459
232
497, 525
412, 486
750
228
INDEX.
IX
Boston, Harbor of, to prevent encroachments into,
" " wharves in, extension authorized, ....
" Iron Tube Company, name changed from Maiden Company,
" Lunatic Hospital, in addition to act to establish, .
'; Manufacturers Mutual Fire Insurance Company, incorporated,
" Marine Railway Company, to extend a wharf in Boston, .
" Musical Fund Society, incorporated, ....
" Musical Hall Association, incorporated, ....
" Society of Civil Engineers, incorporated,
" " of New Jerusalem, in addition to act of incorporation,
" Stereotype Foundry, incorporated, ....
" Sugar Refinery, capital stock increased, ....
" Warehouse Company, incorporated, ....
" Wharf Company, to extend a wharf, ....
Boundary line between Middleborough and Carver, established, .
" " " Williamsburg and Whately, established,
Bowly, Gideon, and Joshua E., to build a wharf in Provincetown,
Bowling Alleys and Stables, relating to erection and use of buildings for,
Boylston Bank, capital stock increased, .....
Bradford Mutual Fire Insurance Company, name changed,
" Second Parish in, name changed, ....
" William H., on petition of, .
Braintree and Weymouth Turnpike Corporation, to erect additional toll gates,
" town of, allowance for support of paupers,
" Trustees of Holl is Institute in, incorporated,
Brakes and Brakemen, to cars running on railroads, concerning, .
Branding of Foreign Pickled Fish, concerning, ....
Brattleborough and Fitchburg Railroad, to unite with Vermont and Massachusetts
Railroad, .......
Brett, Huldah, to convey real estate, ....
Bridge across Maiden Creek, Edgeworth Company authorized to build,
" " Merrimac River, between Haverhill and Newbury, floating spars to
be placed within draw of, ...
" " Red River, in Chatham, Levi Eldridge and others to build,
" " Swan Pond River, Nathan Fiske and others to build,
" Acushnet River, in New Bedford, in addition to act incorporating,
" and Highway, in Dennis, county commissioners to build and lay out,
" Cambridge and Brookline, proprietors incorporated,
" Central, proprietors incorporated,
" Charles River and Warren, in addition to act relating to,
" Chelsea Free, relating to,
" " Point, relating to,
" Company, South Hadley Falls, incorporated,
" Corporation, Hancock Free, tolls modified,
" Haverhill, regulating rates of toll on,
" in Wellfleet, repeal of act authorizing Payne G. Atwood to erect,
" Mystic River, concerning draw of,
Page 145
439, 487
591
734
326
325
19
623
594
355
346
434
342
432
35
198
32
813
667
434
644
888
473
230, 502
663
100
351
806
881
123
41
37
37
812
20
420
471
612
72
70
417
443
620
349
887
INDEX.
Bridge over Duck Creek, in Wellfleet, county commissioners of Barnstable, to con-
struct, ........ Page 349
" " Oyster Pond River in Chatham, county commissioners of Barnstable
to construct, ....... 328
" Parker River, in relation to, ..... . 874
" town of Truro, authorized to construct, ..... 618
" Union, concerning, ....... 79
Bridges, Charles River and Warren, agent authorized to lease a wharf, . . 305
Brigham, Anna, pension allowed to, . . . . . . 511
" Charles, trustee, authorized to sell land, .... 506
Brimfield, town of, allowance for support of paupers, .... 224, 502
Bristol County Bank, capital stock increased, ..... 76
" " Coal Mining Company, incorporated, . . . . 113
" " Mutual Fire Insurance Company, charter extended, . . 291
Brown, Andrew J., to extend a wharf in Manchester, .... 346
" Henry C, allowance to, . . . . . . 517
" Josiah, on petition of, . . . . . . • 869
Buckman, Eliakim, to sell real estate, . . ... . . 870
Bullock, William W., allowance to, ...... 199
Burnham, Parker, to extend wharf and construct Marine Railway, at Gloucester, 574
Butler, Knowles, allowance to, . . . . . . 517, 860, 869
c.
Cambridge and Brookline Bridge, proprietors incorporated, . . . 420
" Athenseum, incorporated, ...... 14
" City of, allowance to, for support of state paupers, • . . 210
" Market Bank, incorporated, ...... 772
" University, to change organization of board of overseers of, . . 691
Camphene, and other like fluids, storage and sale regulated, . . . 369
Canal Company, Maiden, concerning location of canal, .... 345
Cape Cod Bank, incorporated in ProvincetoAvn, ..... 93
" " Branch Railroad Company, to change location of road, . . 139
" " " " " authorized to extend, ... 688
" " Harbor, concerning preservation of, . . . . . 511
Capen, James, pension to, . . . . . . . 211
Carriages upon Railroads, penalty for obstructing, .... 307
Carter, Josiah H., to file notice, ...... 877
Carver and Middleborough, boundary line established, .... 35
Catholic Cemetery, Dorchester, proprietors incorporated, . . . 785
Cemetery Association, Paucatuck, incorporated, .... 349
" City of Boston, to establish, ...... 95
" Mount Auburn, proprietors of, in addition to act of incorporation, . 454
" Walnut Grove, power to grunt right of way repealed, . . . 319
Census, United States, of this state, concerning binding and preservation of, . 861
Central Bridge, proprietors incorporated, . . . . . 471
Chaplains of the Legislature, pay of, .... 197,223,513,883
Chappequiddic Indians, allowance to, . . . . . 857, 880
INDEX.
XL
Charitable Association of Roxbury Fire Department, incorporated,
" Fund, Lancaster, trustees incorporated,
Charlestown, City of, in addition to act establishing, .
" " " concerning streets and ways in,
" " " in addition to act establishing,
Charles River and Warren Bridges, agent authorized to lease a wharf,
" " " " " in addition to act concerning,
" " Branch Railroad Company, incorporated, .
" " " " " concerning,
" " Railroad Company, incorporated, and concerning Medway
Railroad, .
Charters, Bank, renewed, &c, ....
Chase, Nathaniel, and others, to build a wharf in Dennis,
" " 2d, and others, to build a wharf in Harwich,
Chatham Marine Railway, incorporated,
Chebacco Mutual Fire Insurance Company, incorporated,
Chelsea and North Chelsea, commissioners provided for,
" " " " county commissioners of Middlesex, authorized to ex
ercise powers in,
" concerning First Baptist Society in,
" Creek, lines defined, beyond which no wharves are to extend,
" Free Bridge, relating to, ...
" Point Bridge, relating to, ... .
" town of, allowance for support of lunatics,
Chester, town of, allowance for support of paupers,
Chestnuts and Walnuts, regulating measurement of, . .
Chicopee, town of, allowance for support of paupers,
" trustees of the school funds in, incorporated,
Children, Idiotic, concerning, .....
" Illegitimate, concerning, ....
" in manufacturing establishments, concerning employment of,
" to provide for adoption of, .
Childrens' Friend Society, Worcester, in addition to act incorporating,
Chilmark, town of, allowance for support of paupers,
Church, Methodist Episcopal, in Pittsfield, trustees to convey property,
Cities and Towns, to establish public libraries, . . .
" to prevent obstructions in, ....
City Council, Boston, relating to organization and powers of,
" Councils, members of, to hold other offices,
" " to perform duties of boards of health, &c,
" Mutual Marine and Fire Insurance Company, incorporated,
" of Bos'on, charter amended as to division into wards,
" " " in addition to act for supplying it with pure water,
" " " part of Roxbury annexed to,
" " " to establish a cemetery,
" of Cambridge, in addition to act establishing,
" of Charlestown, in addition to act establishing,
" of Lowell, certain powers granted to,
Page 333
576
16
331
340
305
612
105
600
Branch
798
157, 408, 568, 768
334
329
570
730
472
842
687
145
72
70
508
224
731
224
26
870
683
169
815
590
214
599
804
456
842
594
150
668
370
119,621
460
95
608
16
612
Xll
INDEX.
City of Lowell, in addition to act to amend charter of, .... Page 813
" " " part of Dracut annexed to, ..... 565
" of Lynn, established, ....... 50
" of New Bedford, in addition to act establishing, .... 299, 302
" of Newburyport, established, ...... 787
'• " " in addition to act establishing, .... 840
" of Roxbury, in addition to act establishing, .... 289
" of Worcester, in addition to act establishing, . . .10, 150, 397
Civil Actions, concerning bail in, ..... 403
" Engineers, Boston Society of, incorporated, .... 594
" Process, concerning appointment of appraisers in, . . . . 752
Clam Bait, weight regulated, ....... 30
Clarke, B. C. and Edward D., to sell real estate, . . . . 877
" Elijah, on petition of, . . . . . . 864
" Henry, administrator, to file affidavit and copy of notice, . . 511
Clergymen, aged and destitute, society for the relief of, incorporated, . . 345
Clerk, Assistant, for courts of Middlesex, concerning appointment of, . . 578
" Deputy, of the house, pay of, . . . . . . 199
" of Board of Education, salary established, .... 328
'• of House of Representatives, to arrange files, . . . . 518
" " " " late, to pay, .... 856
" of the Senate, to print 8000 copies of the Report of the Board of Education, 214
" " " " to purchase Railroad Maps, .... 223
Clerks of Courts, in relation to, ...... 652
" " " to make Annual Returns to Secretary of the Commonwealth, . 686
" of Legislature, concerning pay of, 197, 223, 514, 868
" " " and Secretary, to contract for the State Printing, . . 216
Clinton Fire Depaitment, established in, ..... 567
" Savings Bank, incorporated, ...... 632
" town of, incorporated, ....... 323
Coaches and other vehicles, licensing, &c, regulated, .... 456
Coal and Mining Company, Mansfield, incorporated, .... 97
" anthracite, repeal of act regulating sale of, .... 299
" " sale regulated, ...... 92
" Mining Company, Bristol County, incorporated, . . . , 113
" " " Cohasset, incorporated, ..... 107
" " " New England, incorporated, .... 800
Coasters Mutual Marine Insurance Company, name changed, . . . 561
Cochituate Bank, in Boston, incorporated, . . . . . 100
" " capital stock increased and location changed, . . 693
" Fire Insurance Company, allowed further time to accept charter, . 349
" " " " time for paying in capital stock extended, . 286
" Lead Company, incorporated, ..... 332
Codman, Henry, and William Ropes, to sell real estate, . . . 214
Cohannet Bank, further time to close its concerns, .... 60
Colby, Gardner, to extend a wharf in Boston, . . . . 310
Collection of Taxes in Lowell, concerning, . . . . . 113
Collectors of Taxes, powers extended, ..... 312
INDEX.
xm
Columbian Fire and Marine Insurance Company, incorporated in Boston,
" " " •' " " time for paying in capital stock
extended,
Commerce, Bank of, capital stock increased,
" " " incorporated,
Commercial Mutual Marine Insurance Company, name changed from Coasters
Mutual Marine Insurance Company,
" Insurance Company, Nantucket, incorporated, &c, .
Common Carriers, concerning effects of passengers transported by,
Commons in Beverly, proprietors incorporated,
Commissioner concerning Boston Corner, providing for appointment of,
" of Marshpee and others, to be commissioners on the petition of Her
ring Pond Plantation,
" to examine railroads crossing each other, providing for appointment of,
Commissioners and Guardians of Indians, concerning accounts of,
" Bank, board of, established,
" board of, appointed in relation to alien passengers and state paupers
" concerning the flats in Boston Harbor, further time to report,
" concerning Boston Harbor and Back Bay, appointment of,
" for Chelsea and North Chelsea, providing for,
" of Insolvency and* judges of probate, relating to notice of proceed
ings before, ....
" " " judges of probate to act in their absence,
u " " one or more in each county to be appointed,
" " " proceedings in 1848 confirmed,
" " " to make Annual Returns to Secretary of the Com
monwealth,
" of the public lands, appointed,
on Boston Harbor and Back Bay, allowed further time for making
final report,
" on idiocy, allowance to,
to consider the expediency of establishing an Agricultural School
appointment of, ....
" to examine banks, Governor and Council to appoint, duties, &c,
to inquire and report concerning a Reform School for Girls, ap
pointment of, .....
" to make a Sanitary Survey of the State, appointment of,
" to report a reform in judicial proceedings, appointment of,
to superintend enlargement of the state prison, appointment of,
" upon the treasury, allowance to,
Committee of Legislature, to ascertain the value of the public lands,
" on Education, allowance to,
" on Insanity, allowance to,
" on Prisons, allowance to,
on Public Charitable Institutions, allowance to,
" on Valuation, pay of,
" Valuation, 1850, for pay of,
Committees of Legislature, commissioners and legal counsel, concerning compen
sation of, ...
Page 3
303, 562
661
377
XIV
INDEX.
Committees, School, concerning vacancies in,
Company C, 1st Regt. Artillery, allowance to,
Companies, joint stock, relating to,
Concealment of Wills, &c, concerning,
Concord, fire department established in,
Congregational Society in Groveland, name changed from Second Parish in Bradford,
Connecticut River Railroad Company, capital stock increased, .
" " " " to issue shares as " preferred stock,"
« " " " to take a lease of the Ashuelot Railroad,
Consignees of Merchandise, &c, to have a lien in certain cases,
Constables, concerning duties of, ....
Constitution, in relation to calling convention for revising,
Contracts, joint, concerning defendants in actions on, .
Conveyance of Real Estate, concerning powers of attorney, authorizing,
Conveyances, relating to, of sinking fund of Western Railroad, by the Commis
sioners of, .......
Convicts, discharged, warden of state prison to pay money to agent for,
" state prison, concerning intercourse with,
Conway Mutual Fire Insurance Company, incorporated,
" Tool Company, incorporated, ....
Conwell, David, to build a wharf in Provincetown,
Cook, Stephen, to extend a wharf in Provincetown,
Copeland, Elisha, and others, Commonwealth's right o£ estate released to
Corbitant Manufacturing Company, incorporated,
Cordaville Manufacturing Company, incorporated,
Coroners, duties in case of railroad accidents defined,
" inquests, concerning,
Corporal Punishment in the State Prison, abolished,
Corporations allowed to be represented in elections of officers of mutual fire insur
ance companies, ....
" concerning indictment of, ...
" insolvent, to secure equal distribution of property of,
" manufacturing, relating to stockholders in,
" to make returns to assessors,
Costs in criminal prosecutions, concerning,
Council, executive, pay of members of, ....
" " for pay of, .
" Senate and House of Representatives, pay of members,
County Commissioners of Barnstable, to lay out a highway across east harbor in
Truro, .
« " " " " " and build a bridg
in Dennis,
" " " to construct bridges,
" " of Berkshire, to pay expenses of a highway in Franklin
county, .....
" «' of Essex County to construct a way over Parker River,
" " " " to provide additional term of,
M " of Middlesex, to exercise powers in Chelsea and North
Chelsea, ......
Page 806
205
20
328, 349
842
INDEX.
xv
County Commissioners, powers in regard to gates at railroad crossings, defined, . Page 170
" " relating to return of votes for, .... 569
Court, Municipal, in county of Suffolk, persons convicted before police courts, or
justices of the peace, may appeal to, . . . . 18
" of common pleas, in Berkshire county, additional terms established, . . 444
" " " " in county of Essex, additional terms established, . . 24
" " « « " " of Hampden, terms established, . . 32
" " " " justices of, number increased, .... 837
" " " " salaries of justices established, ,. 6
" police in Lynn, established, ...... 46
" " in Pittsfield, established, ...... 479
" " in Springfield, established, ...... 312
" " in Taunton, established, ...... 83
u « jn Worcester, concerning compensation of justices of, . . 150, 475
" " jurisdiction extended, ...... 86
" " justices of, to make annual returns to Secretary of the Commonwealth, 686
" " of city of Worcester, concerning powers of, .... 781
" " " " concerning, ..... 763
" probate, at Dighton, doings in April, 1849, confirmed, . . . 110
" " at Great Barrington, terms established, .... 25
" " at Pawtucket, annual term established, .... 18
" " in Franklin county, terms established, .... 431
" " in Hampden county, terms established, . . . . 464
" " in Plymouth county, to be holden in Hingham, . . . 406
" superior, in Boston, established, ...... 187
" supreme judicial and court of common pleas, executions issuing from, where
returnable, . . . 408
" " " " " " " in addition to act concerning, 754
Courts in Worcester county, office of assistant clerk of, established, . . 425
" justices, concerning proceedings and practice in civil actions, before, . 817
" of this Commonwealth, to amend proceedings and practice of, . . 698
Cranberries and other Berries, measurement regulated, .... 446
Crary, Wm. H. A., allowance to, . . . . . . 524
Creditors of insolvent estates, concerning notices to, ... 487
" to provide further remedy for, ...... 680
Criminal Cases, bail in, to surrender principal, ..... 455
" " concerning bail in, . . . . . . . 6C4
" " relating to writs of error in, ..... 602
" " to provide for taking depositions in, .... 595
" Offences, concerning removal to State Lunatic Hospital of insane persons,
charged with, ........ 40
" Prosecutions, concerning costs in, . » . . . 341
Crocker, Loring, and others, to build a dyke in Barnstable, ... 44
" Waterman, to build a wharf in Provincetown, .... 329
Crossings, Railroad, concerning, and in relation to, .... 170,812
Crowell, Ezekiel, allowance to, ....... . 236
Crystal Ice Company, incorporated, ...... 807
XVI
INDEX.
D.
Dalton, town of, allowance for support of paupers, .
Dam across Baylies Creek, Sawyer and Allen to erect,
Damages against Aqueduct Corporations, concerning recovery of,
" by defect of highways and other ways, concerning,
" by laying out railroads, concerning application for estimation of,
" sustained by laying out highways, in relation to,
Damon, John W., to extend wharf, .
Danvers and Georgetown Railroad Company, incorporated,
" " Salem, water in, concerning, .
" Savings Bank, incorporated,
Darling, Eliphalet S., allowance to,
Darrow, Ira, to build a wharf in Edgartown,
Davis, Capt. Isaac, in aid of monument to, .
" Mary, allowance to, .
" " pension allowed to,
" William F. and J. S. Sanborn, to extend wharf,
Deaths, Marriages, and Births, concerning returns of,
Debtors, insolvent, concerning taxes assessed on their estates,
" " in addition to acts for relief of, .
" " " to several acts for relief of, and for more equal dis
tribution of their effects, .
" judges of probate to act in absence of commissioner, in cases of,
" poor, concerning notices of intention to take benefit of act concerning,
Deceased Persons, to facilitate settlement of estates of,
Dedham Bank, capital stock increased,
" Lead Company, name changed,
" Sugar Refinery, name established,
Deerfield, overseers of poor in, allowance to,
Defendants in Actions on Joint Contracts, concerning,
De Ford, Samuel T., to extend wharf in Newburyport,
Delahanty, John, leave to hold real estate, .
Dennis and Yarmouth, towns of, to regulate fisheries in Bass River
" alewive fishery in, concerning,
" county commissioners to lay out highway, and build bridge
" harbor of, time extended for driving piles in,
" Mariners Bank in, time extended for paying in capital stock,
Dennison, Arad, pension to, ....
Depositions, to provide for taking in criminal cases,
Depot Company and Grand Junction Railroad, in relation to,
Devises and Wills of Married Women, concerning, .
Dickinson, Persis, and others, title confirmed,
Dillingham, Nathaniel H., and othe, s, released from liabilities, &c
Discharge in Insolvency, concerning property acquired after,
Distribution of income of the School Fund, concerning,
District Attorney for Western District, salary increased, .
Page 518
433
782
284, 575
96
782
578
623
455
337
879
329
857
211
492
583
142
413
814, 853
671
407
411
638
4
345
345
491
751
698
888
21
359
20
601
592
235
595
730
403
874
495
334
76
92
INDEX.
xvn
District Attorney for Western District to commence process against the Tenth
Massachusetts Turnpike Corporation,
" Attorneys, Attorney General to assist,
" " to make returns to Attorney General,
" Schoolhouses, concerning, ....
District, school, concerning taxing real estate and machinery in,
" " in relation to, •
" " in addition to act in relation to,
Disturbances at Funerals, to prevent, . .
Disturbance of Schools and Public Meetings, penalty for, .
Divorce, relating to, and to libels for,
Divorced Women to resume their Maiden Names, .
Doctrinal Tract and Book Society, incorporated,
Documents, Military, concerning certain, .
Dodge, Dana, Commonwealth's right to land released to, .
Dogs, in relation to, ... * *
Doorkeepers, Messengers and Pages, pay of . i
" pay established, ....
Dorchester and Milton Bank, name changed,
" " " Branch Railroad Company, concerning,
" " " Extension Railroad Company, incorporated,
" '• " " " time for location, &c, extended
" Catholic Cemetery in, proprietors incorporated,
" Fire Department established in,
Dower in Testate Estates, relating to,
Dracut, in addition to act to annex part of, to City of Lowell,
" part of, annexed to City of Lowell,
Drinks, intoxicating, sale regulated,
Drunkards may be sent to Workhouse on second conviction,
Dudley Indians, allowance to guardian of, .
Dyke in Barnstable, Loring Crocker and others, to build, .
Dyking, Water Power and Fishing Company, Great Marsh, incorporated,
Page 226
307
118
463
472
148
803
674
36
336, 601
91
327
858
512
431
197, 221
419
563
779
111
411
785
45
343
618
565
422
448
203
44
324
E.
Eagle Manufacturing Company, incorporated, . < . »
Easements, in relation to, .
East Bridgewater Iron Company, incorporated, ....
" " town of, allowance for support of State paupers, »
" Hampshire Agricultural Society, concerning, ....
" " " " incorporated, . • »
Easthampton, part of Southampton annexed to, .
East Harbor in Truro, County Commissioners to lay out a highway across,
" " " " repeal of act authorizing highway across, . <■
" Parish in Amesbury, concerning the disposal of the property of,
" *' " " in addition to act authorizing disposal of property of,
Eastern Railroad Company to extend road and increase capital stock,
" " " time for location extended, . *
c
174
687
300
493
650
448
360
67
417
71
639
141
756
XVU1
INDEX.
Edgartown, Mattakeeset, Herring Fishery in, to protect, .
" Pocha Pond Meadow and Fishing Company in, incorporated,
Edgeworth Company, incorporated, .
Edmands, J. W., to extend a Wharf in Boston,
Education, Board of, Annual Report, clerk of the senate, to print eight thousand
copies, .....
" " " bequest of Henry Todd to, accepted,
" " " clerk's salary established,
" " " secretary of, duties defined, salary established, &c,
« " « " " tenth report of, to be reprinted, .
« M " " " to be librarian, employ an assistant, report to
Legislature, &c,
« " " " " to forward school registers and other docu
ments, &c, ....
" " " " " to forward school blanks, to cities and towns,
" " " " " to furnish dictionaries to public schools,
" " " " " to prescribe form of school registers,
" " " " " to publish annual report,
" " " to appoint agents, .....
" " " to determine length of sessions of Teachers' Institutes,
" " " to direct expenditure of appropriation for State Normal
Schools, ......
" " " to receive grants and bequests for educational purposes,
" committee on, allowance to, .
" concerning, ......
" in Liberia, trustees of donations for, incorporated,
Effects of Passengers transported by Railroad Corporations and other Common
Carriers, ........
Eighth Volume of Special Laws, providing for distribution of,
Election of Officers, Mutual Fire Insurance Companies, allowed to be repre
sented in, ..... .
" " Registers of Deeds and County Treasurers, relating to,
" " Representatives in Congress, relating to,
Electric Telegraphs and Electic Telegraphing, concerning,
" Telegraph Companies, in addition to act concerning,
Emerton, Increase N., allowed fifty dollars per annum for three years,
Emmons, Francis W., allowance to, ....
Employment of Adult Blind Poor, concerning,
" Children in Manufacturing Establishments, concerning,
Encroachments in the Harbor of Boston, to prevent,
Engineers, Civil, Boston Society of, incorporated, .
Engraving and issuing Shop Bills of the similitude of Bank Bills, penalty for,
Equitable Estates tail, owner of, to convey the same in fee simple, and unite the
legal estate therewith, ......
Essex County, allowance for support of paupers,
" Commissioners of, authorized to construct a way over Parker River
" Court of Common Pleas in, additional terms established,
" Bank in Haverhill, incorporated, ....
Page 598
624
122
309
514
318
328
154
208
97
38, 149
306
520
38
888
496, 865
37
225
330
236
888
330
645
198
662
572
579
61
739
504
199
222
169
145
594
5
568
499
850
24
763
INDEX.
xix
Essex Railroad Company, authorized to issue bonds, .... Page 846
" " " time for location and completion of road extended, to
contract with Boston and Maine Railroad Corporation, ... 5
" Salem, Lowell and South Reading Branch Railroad, in relation to, . 628
Estate, Ratable, assessors to ascertain value, and make return of, . . 293, 327, 449
" Real, concerning partition of, ..... 433, 458
" " in Nantucket, repeal of acts concerning,
Estates, Insolvent, concerning notices to creditors of, .
" Intestate, right of widow to real estate established,
" of Deceased Persons, to facilitate settlement of, .
" of Insolvent Debtors, concerning taxes assessed on,
" Testate, concerning dower in, ....
" Trust, to facilitate the settlement of, ...
Exchange Bank, capital stock increased, .....
Exchanges, Foreign, Literarv and Scientific, concerning, .
" International,, concerning, .....
Executions, concerning levy of, ....... •
" issuing from the Supreme Judicial Court or Court of Common Pleas
when returnable, ......
" of Deeds in certain cases, judges of probate authorized to take
proof of, ...... •
Executors, Administrators, &c, exempted from giving Bonds in certain cases,
" and Administrators, respecting sales by, ...
" " " quieting Titles to Mortgaged Real Estate, trans
ferred by, ....
Exemption of Pews from Attachment and Execution for Debt,
Explosion of Steam Boilers, to prevent, . .
Eye and Ear Infirmary, Massachusetts Charitable, to hold additional real estate,
487
49
638
413
343
429
698
234
524
685
408
681
402
30
781
755
90, 457
67
F.
Factors and Agents, relating to, .
Fairbanks, Louis, allowance to, .
Fairhaven and New Bedford Harbors, to prevent seining of fish in,
" Branch Railroad, established, ....
" " " time extended and capital stock reduced,
Fall River Bank, capital stock increased, ....
" " Fire and Marine Insurance Company, incorporated,
" " Railroad Company, to change location, increase capital stock,
" " town of, allowance for support of paupers,
Faneuil Hall Bank, in Boston, incorporated,
Fees for inspection of Sole Leather, established, . . .
" " pilotage through the Vineyard Sound to Nantucket, established,
" of Grand Jurors, concerning, .....
" to Judges of Probate, allowed for committing lunatics,
Female Medical Education Society, incorporated, .
" Mutual Sewing Society, in Lynn, incorporated,
Females, aged indigent, association for relief of, incorporated, ,
&c.
155
225
85, 168
104
602
676
28
139
228
755
379
368
320
424
444
631
101
XX
INDEX.
Ferry at Gloucester Harbor, established,
Fighting, prize, to prevent, .
Fees of Persons under Guardianship, concerning.
Fire Department in Boston, concerning,
" " " Clinton, established,
" " " Concord, established, .
" " " Dorchester, established,
" " " Fitchburg, established, .
" " " Melrose, established, .
" « " Nantucket, in addition to act to establish,
" " " Natick, established,
" " " Somerville, established,
" " " Stoneham, established, .
" " " Woburn, established, .
Firemans Insurance Company in Boston, charter extended,
First Baptist Society in Chelsea, concerning,
" " " of Lancaster, proceedings confirmed,
" Congregational Society, in Lynnfield, authorized to sell real estate,
" Evangelical Congregational Society in Uxbridge, in addition to act incor
porating, .....
" Parish in Marshfield, concerning,
" Religious Society in Newburyport, name established,
" Universalist Society in Attleborough, time changed for holding annual meeting,
" " " " Salem, name established,
Fish, foreign pickled, concerning the branding of, .
" in Harbors of Fairhaven and New Bedford, to prevent the seining of,
" Weir, in Eastham, erection authorized,
Fishery, Alewive, in Dennis, concerning, ....
" Company, Wequabasqua, incorporated,
" Trout, in Marshpee River, for protection of,
Fisheries in Bass River, towns of Dennis and Yarmouth to regulate,
'' " Falmouth, to protect, .....
" near Nantucket, concerning the protection of,
Fisk, Nathan, and associates to build a bridge in Chatham,
Fitchburg and Worcester Railroad Company, time for location and completion of
road extended, and authorized to unite with,
or sell road to other companies,
" time for construction extended,
" Company, concerning, .
" to issue preferred stock,
" Hotel Company, incorporated, ....
" Railroad, change of location, confirmed,
" Corporation, to alter construction of bridges over Miller's
River, in Somerville,
" " new line of road established, .
Fitz, Abel and others, to extend a wharf in Charlestown, .
Fiats in Back Bay, providing for survey of,
" " Boston Harbor, commission concerning, continued,
Page 361
31
393
446
567
326
45
574
567
808
588
358
648
561
287
687
111
671
650
647
298
668
305
351
85, 168
38
359
335
20
21
607
285
37
11
284
576
599
102
836
358
120
497, 525
228
INDEX.
xxi
Forbes, John M. and others, to invest money as trustees, .... Page 865
Foreign Corporations, in addition to act to provide against loss from, . . 837
" Sumac, to provide for inspection of, .... . 801
Foster and Lovett, location of wharf confirmed, ..... 303
" Dwight, sale of real estate confirmed on petition of, ... 501
Fountains in the State House Yard, appropriation to pay expenses of, . . 491
Foxborough, part of Sharon annexed to, . . . . . . 308
Framingham Academy, in addition to act establishing, .... 606
" Branch Railroad, time for construction extended, . . . 348
Franklin County Agricultural Society, incorporated, .... 338
" " " " allowance to, . 865
" " Bank, capital stock increased, ..... 303
" " " in Greenfield, established, ..... 88
" " Probate Court in, terms established, . . . . 431
" Health Assurance Company, name established, .... 291
Fraudulent Marks and Stamps, penalty for using, . . . . . 331
Freemans Bank, capital stock increased, ... . . 78, 677
French, Thomas, guardian of the Punkapog Indians, allowance to, . . 203
Friends, Overseers of Salem Monthly Meeting of, to sell real estate, . . 863
Frissell, Augustus C, allowance to, ...... 858
Fund, Massachusetts School, increased, ...... 616
" of sixth School District in Weymouth, relating to, . . . . 663
Funeral Expenses of the late Treasurer and Receiver General, appropriation to pay, 198
Funerals, to prevent disturbances at, ..... . 674
G.
Gardner Johnson, allowance to, .
Gardner, part of Winchendon annexed to, .
Gas, appropriation to light the State House with, .
" Company, New Bedford, incorporated, . . I
" " Newburyport, incorporated,
" " Suffolk, incorporated, ....
" " Worcester, in addition to act of incorporation,
" Light Company, Worcester, incorporated, .
Gay Head, Chappequiddic Indians of, allowance to,
" " Indians, allowance to budd a church, . . ,
" " Overseers of the Poor of, allowance to, .
Georgetown and Andover Railroad Company, incorporated,
General Field, in West Springfield, north line altered,
General Laws and Resolves, to be sent direct to clerks of cities and towns
German Mutual Society, incorporated, ....
Gibson, John, and others, to build wharf in Lynn, .
Gilman, Samuel, Jr., on petition of, .
Gloucester Harbor, ferry established at, .
" Mutual Fishing Insurance Company, on petition of,
Goats, concerning going at large at Martha's Vineyard,
Goldthwaite's Railroad Map, clerk of senate to purchase, .
202
753
219
357
359
404
425
653
857, 880
515
512, 862
139
601
516
662
681
886
361
857
644
223
812
801
117
625
847
763
232
227
141
xxii INDEX.
Governor and Council, assistant messenger to, pay of, . • Page 221
" " " to appoint a Commissioner to superintend building a bridge
over Acushnet River,
" " " " " an inspector general of sumac, .
" « " « " Attorney General,
" " " " " Board of Bank Commissioners, .
'• " " " » " " Commissioners for Alien Passengers
" » " " « clerk of the police court of the city of Wor
cester, .....
" " " " " Commissioner concerning Boston Corner,
" " " " " " to examine railroad crossings,
" " " " " " to superintend bridge to be built
by the Eastern Railroad Com
pany, .
" " " " " " to superintend widening of a
bridge by the Boston and Low-
ell Railroad Corporation, . 15
" " " " " Commissioners concerning Back Bay and Boston
Harbor, . . . 525
" " " " " " on partition of Herring Pond
Plantation, ... 370
" " " " " " to consider the expediency of
establishing an Agricultural
School, ... 521
" " " " " " to establish boundary line be-
tween Norwich and Chester, 871
" " " « " " to examine the banks, . . 160
" " " " " " to inquire and report concerning
a Reform School for Girls, . 522
" " " " " " to make a Sanitary Survey of the
State, .... 232
" " " " " " to purchase a site for a second
Hospital for the Insane, . 748
" " " " " " to report a reform in judicial pro-
ceedings, . . . 213
" " " " " " to superintend enlargement of
State Prison, . . . 474
" " " " " Engineer to survey flats in Back Bay, . . 497
" " " " " justices of the police court in Lynn, . . 46, 48
" « " « " " « " in Pittsfiekl, . 479
" " " " " " " " in Springfield, . 312
" " " " " " " " in Taunton, . 83, 84
" " " " " " " Superior Court of the City of
Boston, . . . 187, 195
" " " " " Land Agent, ..... 672
" " " " " Trial Justices, ..... 483
" " " « " Trustees of the State Library, ... 382
" " " " approve of structures for conveying water to East
Boston, ...... 119
INDEX.
xxm
Governor, to approve transfer of the Commonwealth's right to land, to the Norwich
and Worcester and other Railroad Corporations, . . . Page 233
" to fix upon stations for Meteorological Observations, . . . 504
" to preside at meetings of the Board of Overseers of Harvard College, . 692
Grace Church in Medford, time for depositing copy of record extended, . . 490
Grafton High SchooT Association, incorporated, ..... 286
" town of, allowance for support of paupers, .... 231
Grand Junction Railroad and Depot Company, to use the Eastern Railroad, . 142
" " " « " " concerning, ... 304
" " " " " " in relation to, ... 730
" Jurors, concerning fees of, . . . . . . . 320
Granite Bank, capital stock increased, ...... 679
Granville, town of, allowance for support of a pauper, .... 500
Gray, William and others, in addition to act incorporating them to bring water into
Salem and Danvers, .......
Great Barrington Mutual Fire Insurance Company, incorporated,
" Brewster, island of, jurisdiction ceded to the United States, over part of,
" Falls, Paper Manufacturing Company, incorporated,
" Marsh, Dyking, Water Power and Fishing Company, incorporated,
Greenfield Bank, capital stock increased, .....
" town of, allowance for support of paupers,
Grocers Bank, capital stock increased, .....
Groton Hotel Company, incorporated, .....
" town of, allowance for support of state paupers,
Groveland Linen Company, incorporated, .....
" Mutual Fire Insurance Company, name established,
" town of, incorporated, ......
Grubb, William and another, to file copy of an instrument in registry of deeds,
Guardian and Overseers of the Poor of Gay Head, allowance to, .
Guardians and Commissioners of Indians, concerning accounts of,
" of minors, to give bond for sales of real estate, .
H.
Hackney Coaches, and other vehicles, regulated,
Hadley Falls Bank, in Holyoke, incorporated,
" part of, annexed to Northampton, .
Hale, Sarah W., to sell real estate,
" " " authorized to sell real estate,
Hall, Agricultural and Mechanic, in Springfield, incorporated,
" Boston Musical, incorporated,
Hampden County, allowance for support of state paupers,
" " court of common pleas in, terms established,
" " probate court in, terms established,
" Mutual Fire Insurance Company, incorporated, .
Hampshire Flax and Hemp Company, capital stock increased,
" Mutual Fire Insurance Company, powers enlarged,
Hancock and New Ashford, better to establish the line between,
456
804
406
206
497, 859
732
623
502
32
464
580
184
288
674
XXIV
INDEX.
Hancock Free Bridge Corporation, concerning-,
" " " tolls modified, .
" John, Bank incorporated, .
" town of, allowance for support of state paupers
Harbor, Boston and Back Bay, concerning,
" " commissioners' line altered,
" Cape Cod, concerning preservation of,
" Gloucester, ferry established at,
" of Beverly, for protection of,
" " Boston, act additional, to preserve and prevent encroachments therein,
" " " flats in, continuing commission concerning,
" " " to prevent encroachments in, .
" " Dennis, time extended for driving piles in,
Harbors of New Bedford and Fairhaven, to prevent seining offish in,
Harvard Branch Railroad, time for location and construction, extended,
Haskell, Elisha, on petition of,
Hassanamesset Indians, allowance on petition of
Haverhill Bank, capital stock increased,
" Bridge, to regulate tolls on,
" Essex Bank in, incorporated,
" Health Insurance Company, name changed,
Hawkers and Pedlers, in addition to act concerning,
Haymarket Square Bank, incorporated,
Hayward, James, pension allowed to,
" Waldo F., authorized to sell real estate,
Health Insurance Company, American, name established,
" " " Franklin, name established,
" " " Haverhill, name changed,
" " " Norfolk County, name changed,
" " " People's Mutual, incorporated,
" Public, in relation to,
Hecktor, John and others, allowance on petition of,
Henry, Bridget, authorized to sell real estate,
Herring, Daniel, allowance to,
" Fishery, Edgartown, to protect,
" Pond Plantation, concerning,
" River, in Barnstable, concerning alewives in,
Higgins, Samuel, to build a wharf in Wellfleet,
Highway, across East Harbor in Truro, county commissioners to lay out,
" " " " " repeal of provisions of act authorizing,
" and bridge in Dennis, county commissioners to lay out and construct,
" in Franklin County, county commissioners Berkshire to pay expenses of,
Highways and other ways, concerning damages by defect in,
" " " " the laying out of, .
" concerning location of, .
" in relation to damage sustained by laying out of,
" Railroad Corporations to alter direction of,
Hinckley, Samuel L., Sheriff", allowance to,
Page 579
443
364
493
497, 525
412, 486
511
361
643
750
228
145
601
85, 168
89
882
213
94
620
763
416
800
381
503
509
416
291
416
291
423
150, 341
213, 883
868
878
598
370
619
583
67
417
20
412
284, 575
140
685
782
99
218
INDEX.
XXV
Hingham Wharf and Land Company, to build a dam, mill, &c,
Hinsdale, town of, allowance for support of paupers,
Hobbs, Prentiss, to extend a wharf in Boston,
Holbrook, Thomas, 2d, to build a wharf in Wellfleet,
Holden, Dana, to sell real estate, ....
Holland, Bathsheba J., allowance to,
" Silas H., authorized to file notice,
Hollis Institution, in Braintree, trustees incorporated,
Holyoke Bank, capital stock increased,
" town of, incorporated, ....
Homestead of Householders, exempted from levy on execution,
Hope Insurance Company, charter extended,
Hopkinton Academy, name established,
Hospital, Boston Lunatic, in addition to act to establish,
" Insane, second, authorizing the erection of,
" State Lunatic, payment of accounts of, authorized,
" " " trustees to purchase land,
Hotel Company, Fitchburg, incorporated, .
" " Groton, incorporated,
Housatonic Agricultural Society, to receive the state bounty,
House of Correction in Norfolk County, inspectors to provide for prisoners
repairs, .....
" " Representatives, pay of members,
" " " to pay late acting clerk of,
Houses of Correction, concerning returns of insane and idiotic persons in
" " Ill-fame, penalty for keeping, altered,
Howes, William, authorized to build wharf,
Hull, jurisdiction over land in, ceded to the United States,
Humane Society, Massachusetts, allowance for purchase of life-boats
Humphrey, William, Jr., to extend wharf in Marblehead,
Hygiene and Physiology, to be taught in public schools, .
during
Page 91
224
310
588
209
868
874
663
74, 355
321
844
283
23
734
748
867
229
102
449
66
461
220
856
43
46
582
29
217
659
419
I.
Ice Company, Crystal, incorporated,
" " New England, incorporated,
" for merchandise, penalty for injuring, .
Idiocy, Commissioners on, allowance to,
Idiotic and feeble minded Youth, Massachusetts School for,
" Children, concerning,
" persons in jails, &c, concerning returns of, .
Illegitimate Children, concerning, .
Ill Fame, penalty for keeping houses of, altered,
Income, concerning taxation of,
" of School Fund, concerning distribution of,
Indian, annuities concerning,
" Orchard Railroad Corporation, incorporated, time extended, &c,
Indians, Chappequiddic, allowance, .
D
.
807
. .
850
. . .
344
...
221
r, incorporated, .
360
. .
870
...
43
683
. . . .
46
...
95
. . • •
76
• • . •
210
extended, &c, .
121, 351
. . . «
857, 880
XXVI
INDEX.
to,
Luna
Indians, Dudley, allowance to guardian of, .
" Gay Head, allowance to build a church, .
" Guardians and Commissioners of, concerning their accounts,
" Hassanamesset, allowance to descendants of,
" Marshpee, allowance to treasurer of,
" Punkapoag, allowance to guardian of, &c,
" Troy, allowance to guardian of,
Indictment of Corporations, concerning,
Industrial Exhibition, London, for defraying expenses of forwarding articles
Inquests, coroners', concerning,
Insane, Hospital, second, authorizing erection of,
" persons charged with criminal offences to be removed to the State
tic Hospital, .....
" " in Jails, concerning returns of,
Insanity, committee on, allowance to, ... .
Insects of Massachusetts injurious to Vegetation, reprint authorized,
" report on, to be distributed, .....
Insolvency, commissioners of, number increased,
" concerning proceedings in, .
" proceedings before commissioners of, in 1848, confirmed,
Insolvent Corporations, to secure equal distribution of,
" Debtors, estates of, concerning taxes assessed on,
" " in addition to acts for relief of,
" " in further addition to acts for relief of, . . . 67
" Estates, concerning notification to creditors of,
Inspection of Beef and Pork, concerning, .
" " Belt Leather, to provide for, .
" " Foreign Pickled Fish, concerning,
" " " Sumac, to provide for,
" " Sole Leather, fees established,
Institute, Oread, incorporated at Worcester,
" Pittsfield Young Ladies, incorporated,
Institutes, Teachers', allowance to pay expenses of,
" " concerning length of sessions of, . .
Institution for Savings, Blackstone, incorporated, .
" " " Scituate, name changed to that of South Scituate,
Institutions for Savings, requiring returns from treasurers of,
Instruction, American Institute of, allowance to, .
Insurance by Foreign Corporations, in addition to act to provide against loss from,
" Company, Adams Mutual Fire, incorporated,
" " American Health, name established, .
" " Bay State Mutual Life, incorporated,
" " Berkshire Mutual Life, incorporated,
•' " Boston Manufacturers Mutual Fire, incorporated,
" " Bradford Mutual Fire, name changed,
" " Bristol County Mutual Fire, charter extended,
" " Chebacco Mutual Fire, incorporated,
J* " City Mutual Marine and Fire, incorporated, .
Page 203
515
356
213
203
, 210, 508
203
852
861
352
748
40
43
226
507
875
814
407
75
820
413
334
1, 814, 853
487
464
686
351
801
379
577
60
510, 512
37
85
45
752
867
837
566
416
658
641
326
434
291
730
668
INDEX.
xxvn
Insurance Company, Coasters Mutual Marine, to change name of, . . Page 561
" « Cochituate Fire, allowed further time to accept charter, . 349
" " " " time for paying in capital stock extended, . 286
" « Columbian Fire and Marine, incorporated, ... 3
" " " " " time for paying in capital stock
extended, . . . 303,562
" " Commercial in Nantucket, to continue in force act to incor-
porate, and capital stock increased, . . . 571
" " Conway Mutual Fire, incorporated, .... 65
" " Fall River Fire and Marine, incorporated, ... 28
" " Firemens, in Boston, charter extended, . . . 287
" " Franklin Health Assurance, name established, . . 291
" " Gloucester Mutual Fishing, in relation to, . . . 857
" " Great Barrington Mutual Fire, incorporated, . . . 780
" " Groveland Mutual Fire, name established, . . . 434
" " Hampden Mutual Fire, incorporated, .... 580
" " Hampshire Mutual, powers enlarged, . . . 288
" " Haverhill Health, name changed, . . . . 416
" " Hope, charter extended, ..... 283
" " Lowell Equitable Life, in addition to act incorporating, . 811
" " Lyman Fire, in Boston, incorporated, . . . 337
" " Manufacturers and Mechanics, in Haverhill, incorporated and
concerning, ...... 289, 585
" " Marblehead Marine and Fire, incorporated, . . . 309
" u Marlborough Mutual Fire, concerning, . . . 596
" " Mariners Mutual Marine, incorporated, . . . 665
" " Massachusetts Fire and Marine, in Ipswich, incorporated,
and to amend act incorporating, .... 320, 673
" " Massachusetts Mutual Life, incorporated, . . . 654
" " Merrimac, incorporated, ..... 664
" " Middlesex Mutual Fire, incorporated, . . . 645
" " Milford Mutual Fire, incorporated, .... 600
" " National, in Boston, charter extended, . . . 287
" " Neptune, in Boston, incorporation continued and capital stock
increased, ....... 12
" " Norfolk County Health, name changed, . . . 291
" " North American Fire, incorporated, .... 566
" " Peoples Mutual Fire, Worcester, incorporated, . . 416
" " Peoples Mutual Health Assurance, Springfield, incorporated, 423
" " Quincy Mutual Fire, incorporated, .... 571
" " Railroad Mutual Fire, incorporated, .... 570
" " Real Estate, Mutual Fire, in addition to act incorporating, . 687
" " Revere Mutual Fire and Marine, in Boston, incorporated, . 332
" " •' " " " " " " name changed, . 561
" " Springfield Fire and Marine, incorporated, ... 89
" " " " " " time for paying in capital stock
extended, . . . 406, 614
" Traders Fire and Marine, in Boston, time for paying in capi-
tal stock extended, . . . . . 75, 330
XXV11I
INDEX.
Insurance Company, Triton Mutual Marine, incorporated, .... Page 605
" " Union Mutual Marine, incorporated, .... 647
" " United Interest, in Boston, incorporated, . . . 13
" " " " stock to be divided into shares of $50 each,
time for paying in capital stock extended, 288
" " Washington Mutual Life, in Springfield, incorporated, . 482
" " West Newbury, Mutual Fire, incorporation continued, ' . 28
" " Worcester, incorporated, ..... 85
" Companies, Mutual, concerning competency of members as witnesses, 303
" " " Fire, concerning, .... 68, 603, 652
" " M " corporations to be represented in election of
officers of, .... 662
" " " " to insure in other states, divide property in-
sured into classes, repeal of former act, &c.», 458
" " " Marine, concerning, .... 773
" Mutual, Manufacturing Corporations in Lowell, to contract together for, 319
" on Lives, relating to, . . . . . . . 660
Interest on Judgments, concerning, ...... 81
International Exchanges, concerning, ...... 524
Intestate Estates, right of widow to real estate established, ... 49
Intoxicating Drinks, sale regulated, ...... 422
Ireland, Isaac M. and New England Glass Company, allowance to, . . 513
Iresan, Benjamin, Jr% and Geo. W. Otis, to convey water to their factory, in Lynn, 463
J.
Jaha, Paris C, allowance to, .....
Jail Breach, relating to, ......
" in Norfolk County, inspectors to provide for prisoners during repairs, .
Jails and Houses of Correction, concerning returns of insane and idiotic persons,
Jennison, Samuel, Jr., authorized to sell real estate,
" William, administrator, sale of real estate confirmed,
John Hancock Bank, in Springfield, incorporated, .
Joint Contracts, concerning defendants in actions on,
" Stock Companies, relating to, .
Judges of Probate, allowed fees for committing lunatics,
" " " concerning their jurisdiction, .
" " " duties consequent on death, resignation or removal of a public
administrator, &c, .....
" " " powers as to settlement of trust estates,
" " " relating to notices of proceedings before,
" " " to act as commissioners of insolvency in certain cases,
" " " to regulate publication of advertisements,
" " " to take proof of executions of deeds in certain cases,
Judgments, concerning interest on, .
Judicial Proceedings, providing for appointment of commissioners to report a
reform in. .......
Jurisdiction of Justices of the Peace in Suffolk County, extended,
" " Police Courts extended,
516
604
461
43
873
501
364
751
633
424
750
80
429
805
407
639
681
81
213
90
86
INDEX.
XXIX
Jurisdiction over land in Barnstable ceded to the United States, . . . Page 40
" " " " Hull ceded to the United States, .... 29
« " " « Nantucket ceded to the United States, ... 66
" « « " Truro ceded to the United States, ... 25
« " " on Palmer's Island and Wing's Neck ceded to the United
States, ....... 9
Jurors, Grand, concerning fees of, . . . . . . . 320
Jury Duty, Members of Ancient and Honorable Artillery Company, exempted from, 680
Justices' Courts, concerning proceedings before, . . . . . 817
" of Court of Common Pleas, number increased, .... 837
" " " " " " salaries established, .... 6
" " the Peace, concerning powers and duties of, . . . . 765
" " " " in Suffolk, jurisdiction extended, .... 90
" Trial, act repealed for appointment of, . . . . . 836
" " to be appointed, powers and duties denned, . . . 483
K.
Kenrick, Alexander, allowance to, .
Kent, Jacob H., authorized to sell real estate,
Killey, Anthony, 1o build a wharf in Dennis,
King, Charles, allowance to,
Kinsman, Joseph, allowance to,
Kitfield, Thomas H., to repair and maintain wharf in Manchester,
207, 868
869
45
864
208, 229
664
L.
Labor, payment for, secured to mechanics and laborers by lien on real estate, . 849
Ladies American Home Education Society and Temperance Union, incorporated, 410
" Physiological Institute of Boston and vicinity, incorporated, . . 481
Laighton Bank, capital stock increased, ...... 669
" " in Lynn, established, ...... 103
Lake Rock Granite Railroad Company, to construct a branch road, . . 466
Lamb, Edward, to sell real estate, ....... 876
Lamson, Nathaniel and others, on petition of, .... 885
Lancaster and Sterling Branch Railroad, time for location and completion extended, 134
" Bank, capital stock increased, ...... 678
" Mills, capital stock increased, . . . . . . 133
" town of, allowance for support of state paupers, . . . 205 21 1
" Trustees of Charitable Fund in, incorporated, .... 576
Land Agent, discharged from liabilities to Commonwealth, . . . 516
" " for appointment of, . . . . . p 672
" " not to sell land without consent of commissioners, &c, . . 476
" " providing an office for, ...... 232
" for Schoolhouses, in addition to act authorizing towns to take, . . 670
" Office, relating to, . . . . . . . . 874
Lands owned by several persons, concerning partition of, . . . . 426
" public, in Maine, committee of Legislature to ascertain and report value of, 524
XXX
INDEX.
Larceny, crime of, extended to taking of birds and beasts, and penalty therefor, . Page 474
" of Real Property, concerning, ...... 648
Lawrence Gas Company, incorporated, . . . . . . 10
" town of, allowance for support of state paupers, .... 202
Laws and Resolves, general, to be sent direct to clerks of cities and towns, . 516
Laying out of Highways and other Ways, concerning, .... 140
Leather, sole, fees for inspection, established, ..... 379
Leathers, Nathaniel Merrill, name changed, ..... 36
Lee Bank, capital stock increased, ....... 674
Legislature and its Officers, for pay of, monthly, ..... 858
" Chaplains of, pay of, 197,223,513,883
Clerks of, pay of, 197,223,514,868
" contingent expenses of, to pay, ..... 884
" Members of, pay of, . . . . . . . 220, 514
" " " in addition to act to pay monthly, .... 873
Leicester, town of, allowance for support of state paupers, .... 224
Lewis, Abiel S. and Elsey E., on petition of, .... . 218
" Joshua and Benjamin, to build wharf in Provincetown, ... 42
Levy of Executions, concerning, ....... 685
" on Execution, homestead of a householder exempted from, . . . 844
Lexington and West Cambridge Railroad Corporation, capital stock increased, . 562
" Monument Association, incorporated, . . . . . 414
Libels for Divorce, relating to, . . . . . . . 601
Librarian of the Commonwealth, to have charge of meddls, . . . 199
Libraries, Public, cities and towns to establish, ..... 804
" School, &c, concerning, ....... 45
Library, State, salary of assistant librarian, established, .... 328
" " Secretary of Board of Education to be librarian of, &c, . . 97
" " trustees to be appointed and powers defined, . . . 352, 485
License Law, amended, ........ 422
Licences for Theatrical, to be granted, revoked, &c, .... 178
Lieutenant's Island, act xepealed for protection of, . . . . . 621
" " concerning protection and regulation of, 82
Life Boats, allowance to Massachusetts Humane Society, for purchase of, . 217
Limited Partnerships, relating to, . . . . . . . 331
Line, Boundary between Middleborough and Carver established, ... 35
" " " Williamsburg and Whately established, ... 198
Lines in Chelsea Creek, beyond which no wharves are to extend, defined, . . 145
Literary and Scientific Exchanges, concerning, ..... 234
Lives, relating to insurance on, ....... 660
Loans of Public Funds, concerning, ...... 518
Locke, Philip A. and others, to build and extend wharves, . . . 415
Lockwood, Rhodes G. and others, to extend wharves in Charlestown, . . 144
Long Island Company, incorporated, ...... 102
Long Meadow Plank Road, construction authorized, .... 840
Lord's Day, concerning arrest for offences committed on, .... 738
Loss from Insurance by Foreign Corporations, to provide against, . . . 837
Loveland, T. V., to build wharf in Chatham, ..... 612
INDEX.
XXXI
Lovett & Foster, location of wharf confirmed,
Low, James, trustee of, to sell real estate, .
Lowell and Lawrence Railroad, to construct branches,
" city of, granting powers to,
" " " in addition to act to amend charter of,
" " " part of DracuL annexed to, .
" concerning the collection of taxes in,
" Equitable Life Insurance Company, in addition to act incorporating
" Gas Light Company, incorporated,
" Manufacturing Company, capital stock increased,
" Museum, incorporated,
" Power Harness Company, incorporated,
Lucas, Ivory H., allowance to
Luce, William H., allowance to,
Ludlow Manufacturing Company, incorporated,
Luere, Susannah, executors of, to file copy of an instrument in Registry of Deeds
Lunatic Hospital, Boston, in addition to act establishing,
" " trustees to purchase land,
" Pauper Accounts, payment of, authorized, .
" Paupers, State, concerning allowance for support of,
Lyceum and Library Association, in Medford, incorporated,
Lyman Fire Insurance Company, incorporated,
Lynn, city of, established, ....
" Female Mutual Sewing Society, incorporated,
" Overseers of Poor in, allowance to, .
" Police Court in, established, .
Lynnfield, First Congregational Society in, to sell real estate,
Page 303
209
613
612
813
565
113
811
180
326
819
382
517
860
181
517
734
229
508
149
786
337
50, 383
631
491
46
671
M.
Maiden Names of Divorced Women, to be resumed in certain cases,
Maiden Bank, incorporated, ......
" Canal Company, to alter location of canal, &c,
" Company, to change name of, and in addition to act incorporating,
" Steam Mills, in addition to act incorporating,
" " to make iron castings, saw marble, &c,
Malicious Mischief, concerning, ......
Mann, Horace, allowance to, ..... .
" " to republish the Tenth Annual Report of the Secretary of the
Board of Education, .....
Mansfield Canal and Mining Company, incorporated,
Manufacturers and Mechanics Insurance Company, concerning,
" " " " " in Haveihill, incorporated,
Manufacturing Corporation, American Paper Folding, incorporated,
" " Ames, capital stock increased,
" " Amesbury Flannel, capital stock increased, .
" " Ashley Falls, incorporated,
" " Assabet, incorporated,
xxxn
INDEX,
Manufacturing Corporation, Baldwin Mills, proprietors of the Mill Dam Foundry
authorized to purchase,
" " Bay State Iron, incorporated, .
" " " Screw, incorporated,
" " Bensonville, name changed,
" " Boston Bagging, incorporated,
" " " Belting, capital stock increased,
" " " Sugar Refinery, capital stock increased,
" " Crystal Ice, in Boston, incorporated,
" " Cochituate Lead, incorporated,
" " Conway Tool, incorporated,
" " Corbitant, incorporated,
" " Cordaville, incorporated,
" " Dedham Lead, name changed,
" " " Sugar Refinery, name established, .
" " Eagle, incorporated, . . .
" " East Bridgewater Iron, incorporated, .
" " Great Falls Paper, incorporated,
" " Groveland Linen, incorporated,
" " Hampshire Hemp and Flax, capital stock increased,
" " Lancaster Mills, capital stock increased,
" " Lawrence Gas, incorporated, .
" " Lowell, capital stock increased,
" " " Gas Light, incorporated,
" " " Power Harness, incorporated,
" " Ludlow, incorporated,
" " Maiden Steam Mills, to manufacture iron castings
saw marble, &c,
" " " " in addition to act incorporating,
" " Massachusetts Arms, incorporated,
" " " Glass, incorporated,
" " Matfield, incorporated,
" " Merrimac, capital stock increased,
" " " River Lumber, incorporated,
" " Middlesex Lumber, incorporated,
" " Mill Dam Foundry, proprietors of, to purchase the
Baldwin Mills, ....
" " Monument Mills, incorporated,
" " Nashawannuck, incorporated,
" " Nautilus Life Preserving, incorporated,
" " New Bt dford Gas Light, incorporated,
" " Newburyport Gas, incorporated,
" " New England Coal Mining, incorporated,
" " " Glass, allowance to,
" " " Hosiery, incorporated, .
" " " Ice, incorporated,
" " Pacific Mills, incorporated,
" " Pitchawam, to manufacture paper or cotton goods,
Page 101
299
839
596
175
610
434
807
332
397
182
10
345
345
174
300
354
376
184
183
10
326
180
382
181
INDEX.
XXXlll
Manufacturing Corporation, Plymouth Cordage, capital stock increased,
" " Pocasset, capital stock increased,
" " Salisbury, capital stock increased,
" " Shawsheen, incorporated,
" " Shelburne Falls, incorporated,
" " South Bay Mill, incorporated,
" " " " capital stock increased,
" " South Lee, incorporated,
" " " to manufacture flour and meal,
" " Springfield Machine, incorporated,
" " Suffolk Gas, incorporated,
" " Taunton Carpet, incorporated,
" " United States Glass, incorporated,
" " Union Sugar Works, incorporated,
" " Westfield Water Power, incorporated,
" " Worcester Gas Light, incorporated,
" Corporations, in Lowell, to contract together for mutual insurance
" " stockholders in, concerning, .
" Establishments, concerning taxing of real estate and machinery be
longing to,
" " employment of children in, concerning
Map, State, providing for repairs on plates of,
" " Secretary to procure 100 copies of, for distribution,
Maps, Goldthwaite's Railroad, clerk of the senate to purchase,
Marble, to regulate measurement of, ...
Marblehead, Marine and Fire Insurance Company, incorporated, .
" proprietors of Second Congregational Society in, incorporated,
Marett, Dane A., to file notice, .....
Marine Bank, New Bedford, capital stock increased,
Mariners Bank, in Dennis, incorporated, ....
" " " " time extended for paying in capital stock,
" Mutual Marine Insurance Company, in Boston, incorporated,
Marlborough Mutual Fire Insurance Company, concerning,
Market Bank, Cambridge, incorporated,
Market, Williams, incorporated, ....
Marks and Stamps, fraudulent, penalty for using, .
Marriages, Births and Deaths, concerning registration and returns of,
Marriage, concerning banns of, .
Married Women, concerning devises and wills of, .
Marshfield, first parish in, concerning,
Marshpee, commissioners of, and others, to be commissioners on petition
ring Pond Plantation,
" District of, allowed for support of state paupers,
" River, for protection of trout fishery in,
Mirston, Charles, treasurer of Marshpee, allowance to,
Martha's Vineyard, concerning goats going at large on,
Masked Balls, prohibited under penalty of $500, .
Mason, John A. and others, on petition of, .
of Her
Page 312
195
196
185
807
176
430
170
303
348
404
180
13
644
185
301
319
811
XXXIV
INDEX.
Massachusetts Arms Company, incorporated,
" Bank, charter renewed, ....
" Baptist State Convention and American Baptist Missionary Union
agreement confirmed, ....
" Charitable Eye and Ear Infirmary, allowance to, .
" " " " " " to hold additional real estate,
" Fire and Marine Insurance Company, incorporated,
" " " " " " to amend act incorporating
" Glass Company, incorporated,
" Medical Society, concerning,
" Mutual Life Insurance Company, incorporated,
" School for Idiotic and Feeble Minded Youth, incorporated
" " Fund, increased, ....
" Teachers' Association, allowance to,
" Universalist Home Missionary Society, incorporated,
Masters in Chancery, to approve bond to dissolve attachments,
Matfield Manufacturing Company, incorporated,
" Railroad Company, incorporated,
Mattakeeset Herring Fishery, in Edgartown, to protect,
Mattapan Bank, incorporated, .....
May, Mary, and others, on petition of, .
May hew, Joseph, to construct marine railway at Edgartown,
McCafFerty, Alexander, Jr., name changed,
McKay, Donald, to extend wharf, ....
Measures, Weights and Balances, in further addition to act concerning,
to be supplied to new towns, .
Mechanics and Laborers, payment for labor secured by lien on real estate
" Bank, in Boston, capital stock increased,
" " " Worcester, capital stock increased,
" Savings Bank, in Worcester, incorporated,
Medals, to be deposited in the library, ....
Medford Lyceum and Library Association, incorporated,
Medical Institution, Worcester, charter amended,
" " " established,
" Society, Massachusetts, concerning,
Medway Branch Railroad, Company, incorporated,
" " " concerning, ....
" " " location changed,
" " time for construction extended,
Meeting-house, West Bradford, proprietors of, name changed,
Meetings, School District, concerning manner of warning,
" Town, repeal of act providing for, in certain cases,
Melrose, fire department in, established,
" town of, incorporated, .....
Members of City Councils, to hold other offices,
Members of Legislature, pay of, monthly,
Merchants Bank, New Bedford, capital stock increased,
Merrimac Insurance Company, incorporated,
Page 311
568
503
515
67
320
673
176
292
654
360
616
222
661
300
448
445
598
129
522
584
569
573
594
469
849
361
362, 675
638
199
786
814
356
292
129
798
442
284
680
411
806
567
477
594
858, 873
696
664
INDEX.
XXXV
Merrimac Manufacturing Company, capital stock increased,
" River, between Haverhill and West Newbury, floating spars to be placed
within draw of bridge over,
" River Lumber Company, incorporated,
Messengers, Doorkeepers and Pages, pay of,
" pay established,
Messenger to Governor and Council, assistant, pay of,
Meteorological Observations, providing for,
Methodist Episcopal Church, in Pittsfield, to convey property,
Middleborough and Carver, bound uy line established,
" " Plympton Railroad Company, established,
Middlesex Bank, further time to close its concerns,
" County, allowance for support of lunatic state paupers,
" " authorizing appointment of assistant clerk for courts of,
" " commissioners, to exercise powers in Chelsea and North
Chelsea, .
" Lumber Company, incorporated,
" Mutual Fire Insurance Company, incorporated,
Middleton, Overseers of Poor of, allowance to, .
Midland Railroad Company, concerning,
" " " incorporated,
Milford Bank, capital stock increased, .
" " incorporated,
" Fire Insurance Company, incorporated, .
" Savings Bank, incorporated,
Military Documents, certain, concerning,
Militia, act concerning, amended,
" concerning, ....
Mill Dam Foundry, proprietors of, authorized to purchase the Baldwin Mills,
" Owners, concerning rights of,
Millbury and Southbridge Railroad Company, incorporated,
" certain farms annexed to, from Auburn,
Mining Company, Bristol County, incorporated, .
" " Cohasset Coal, incorporated, .
" " Mansfield Coal and, incorporated,
" " New England Coal, incorporated,
Minors, concerning sales of real estate of,
Minot, William, acts as justice of the peace confirmed,
Miscellaneous Accounts, pay of,
Moneys received by public officers, providing for returns of,
Monterey, part of New Marlborough annexed to,
Monument Association, Lexington, incorporated,
" Mills, incorporated, .
" to Capt. Isaac Davis, in aid of,
" Washington National, concerning, .
Morgan, John and Henry, to extend wharf,
Mortgage of Personal Property, penilty for sale under,
Mortgages, concerning,
" of ships or vessels, concerning,
Page 7
41
379
197, 221
419
221
504
599
35
152
12
494
578
XXXVI
INDEX.
Mortgaged Real Estate, transferred by executors and administrators, for quieting
titles to,
Mount Auburn, proprietors of cemetery, in addition to act incorporating,
" Pleasant Branch Railroad Company, concerning,
" " " " " incorporated,
" " " " " time for location, &c, extended,
Municipal and other records, for preservation of,
" Court in county of Suffolk, persons convicted before justices of the
peace or police court, may appeal to,
Museum, Lowell, incorporated, ....
Musical Hall Association, Boston, incorporated,
Muster Fields, in addition to act for better preservation of order at,
" " to preserve order at,
Mutual Fire Insurance Companies, concerning, .
" " " " corporations allowed to be represented in elec
tions of officers of,
" " " » in relation to,
" " " to insure in other states, divide insured property
into classes, repeal of former act, &c,
" Insurance Company, Boston Manufacturers Fire, incorporated,
" " " Bradford Fire, name changed to Groveland Mutual
Fire, ....
" " " Bristol County Fire, charter extended,
" " " Conway Fire, incorporated,
" " " Groveland Fire, name established, .
" " " Hampshire, powers enlarged,
" " Peoples Fire, in Worcester, incorporated,
" " " " Health Assurance, in Springfield, incorpo
rated,
" " " Revere, in Boston, incorporated,
" " " Washington Life, in Springfield, incorporated,
" " " West Newbury, incorporation continued,
'•' " Companies, concerning competency of members as witnesses,
" " Manufacturing Corporations in Lowell, to contract together for,
" Marine Insurance Companies, concerning, ....
Mystic River Bridge, concerning draw of, ....
Page 781
454
732
132
432
655
18
419
623
604
467
68
662
603, 652
458
326
434
291
65
434
288
416
423
332
482
28
303
319
773
887
N.
Names, general act to provide for change of,
" maiden, of divorced women, to be resumed in certain cases,
" of persons, changed, .....
" " sundry persons changed, ....
Nantucket, in addition to act to establish fire department in,
" jurisdiction ceded to the United States, over land in,
" pilotage through the Vineyard Sound to, fees established,
" protection of fisheries near, concerning,
repeal of acts concerning real estate in,
751
91
. 36, 134
435, 468, 740, 783
808
66
368
285
472
INDEX.
XXXVll
Nantucket, town of, allowance for support of state paupers, . Pages 219, 224, 501
Nashawannuck Manufacturing Company, incorporated, . . . 351
Natick and Wayland, line established, . . . . . . 515
" fire department in, established, . ..... 588
National Board of Agriculture, concerning, ..... 489
" Insurance Company, charter extended, .... 287
" Road, from the valley of the Mississippi to the Pacific Coast, concerning, 233
Nautilus Life Preserving Company, incorporated, .... 15
Needle Wormns' Friend Society, in Boston, incorporated, . . . 572
Neponset Bank, charter renewed, ...... 768
Neptune Insurance Company, in Boston, incorporation continued and capital stock
increased, .... 12
New Ashford and Hancock, better to establish line between, . . . 674
" Bedford and Fairhaven Harbors, to prevent seining of fish in, . . 85, 168
" " certain persons incorporated, for building bridge over Acushnet
River in, ...... 812
" " city of, in addition to act establishing, .... 299, 302
" " Gas Light Company, incorporated, .... 357
" " Howland, A. H., to build marine railway in, . . . 621
" England Coal Mining Company, incorporated, .... 800
" " Conductors and Engineers Mutual Benefit Association, incorporated, 622
" " Glass Company and Isaac M. Ireland, allowance to, . . 513
" " Hosiery Company, incorporated, ..... 434
" " Ice Company, incorporated, ..... 850
" " Telegraph Company, incorporated, .... 607
" London, Willimantic and Palmer Railroad, doings confirmed, &c, . 589
" Marlborough, part of, annexed to Monterey, .... 756
" Universalist Society in Salem, name established, .... 305
Newbury, part of, annexed to Newburypoit, ..... 585
Newburyport, city of, established, ...... 787
" " " in addition to act to establish, .... 840
" Gas Company, incorporated, ..... 359
" Railroad Company, concerning, . . . . . 612
" " time for construction extended, .... 356
" " " " completion extended, .... 63
" Religious Societies in, in addition to act incorporating, . . 298
" town of, allowance to, . . . . . . 878
Newcomb, Zebina C, allowance to, . . . . . . 492
Newton Bank, capital stock increased, ...... 364
" part of, set off to Waltham, ...... 69
Nickerson, Amasa and others to build a wharf in Harwich, ... 32
" Jesse to build a wharf in Provincetown, . . . . 41
" Joshua and Lewis, to build a wharf in Provincetown, . . 327
" Stephen, to build a wharf in Provincetown, .... 316
Nob^cusset Point Pier Company, doings confirmed and additional privileges
granted to, ........ 574
Norfolk County Agricultural Society, allowance to, . . . • 521
" " " " incorporated, ... 38
XXXV111
INDEX.
Norfolk County Health Insurance Company, name changed, . . • Page 291
" " providing for custody of prisoners in jail or house of correction in, 401
" " Railroad Company, concerning, .... 378, 765
" " " " to construct a branch road, . .. . 115
Normal Schools, state appropriation for, ..... 496
North America, Bank of, incorporated, ...... 376
" American Fire Insurance Company, incorporated, . . . 566
" Beverly Branch Radroad Company, incorporated, .... 733
" Bridgewater Savings Bank, incorporated, .... 597
" " town of, allowance for support of state paupers, . . 493
" Chelsea and North Chelsea, commissioners provided for, . . . 472
Northampton, allowance to, for support of state paupers, . . . 213
" part of Hadley annexed to, .... 406
Notaries Public, to administer oaths, ...... 574
Notices of Proceedings before Judges of Probate and Commissioners of Insol-
vency, relating to, . . . . . . . 805
" to Creditors of Insolvent Estates, concerning, .... 487
Norwich and Worcester Railroad Corporation, capital stock increased, . . 394
" " " " " concerning, . . . 233
" committee appointed to conslruct line between Norwich and Chester, . 871
Nyman, Jemima E., to hold and convey real estate, . . . . 501
o.
Oaths to Appraisers, sheriffs and deputies authorized to administer,
Observations, Meteorological, providing for, .....
Obstructions in Streets of Cities, to prevent, .....
Ocean Steamship Company of New England, incorporated,
Offences, relating to punishment for, mentioned in 143d chapter of the Revised
Statutes, .........
Office for Land Agent, providing, . . . " .
" of Attorney General, established, .....
" " Auditor of Accounts, established, ......
" " Secretary of Board of Education, concerning duties of,
Offices, members of city councils authorized to hold oiher,
Old Colony Railroad Corporation, concerning, .....
Orcutt, Charles B., pension allowed him, .....
Order, preservation of, at muster fields and other places of public gathering,
Oread Institute at Worcester, incorporated, . . . .
Orthodox Congregational Society, in Shirley, to sell real estate, .
Otis, George W. and Benjamin Iresan, Jr., to convey water to their factory in Lynn,
Overseers of Poor of Gay Head, allowance to, .
" " Salem Monthly Meeting of Friends, authorized to sell real estate, .
Owen, Joshua, pension allowed him, ....
Oxford, town of, allowance for support of paupers,
Oyster Pond River, bridge to be built across,
588
504
456
462
851
232
117
33
38, 97, 149, 154
594
101
204
604
577
571
463
8(32
863
229, 862
236
328
INDEX.
XXXIX
p.
Pacific Mills, incorporated, ....... Page 350
Pages, Doorkeepers and Messengers, pay of, . . . . 197, 221
" pay established, . . . . . . . 419
Paine, Lot, to build a wharf in Provincetown, ..... 46
" Zebulon, allowance to, . . . . . . . 884
Palmer, Joseph and others, real estate in Lenox to be sold on petition of, . 217
Palmer's Island, jurisdiction over land on, ceded to the United States, . . 9
Parish of Grace Church, in Medford, time for depositing copy of record extended, 490
" " Saint Mary's Church, in Dorchester, time for riling copy of record ex-
tended, ........ 208
Park, Joseph, trustee, to sell real estate, ..... 230
Parker River Bridge, in relation to, . . . . . . 874
" " county commissioners of Essex to construct a way over, . . 850
Parsons, Solomon, and Josiah Towle, released from liability to Commonwealth, . 495
Partition of Lands owned by several persons, concerning, . . . 426
'■ " Real Estate, concerning, ...... 433, 458
Partnerships, limited, concerning, ...... 331
Passengers, alien, concerning, ....... 20
" " relating to, . . . . . . . 388
" concerning effects of, transported by railroad corporations, . . 645
Paucatuck Cemetery Association, incorporated, ..... 349
Pauper Accounts, concerning the settlement of certain, .... 96
" " lunatic, payment authorized, ..... 508
Paupers, allowance for support of, 96, 202, 205, 210, 211, 213, 214, 215, 218, 219, 220, 221,
224,225, 228, 230, 231, 236, 491, 492, 493, 494, 45J6,
499, 500, 501, 502, 505, 510, 512, 513, 516, 518, 520
" concerning penalty for bringing them into towns, ... 39
" State Lunatic, concerning allowance for support of, . . . 149
" State, relating to accounts for support of, . . . 581
Paxton, part of Rutland annexed to, . . . . . . 785
Pay of Witnesses summoned by the General Court, established, . . . 149
Payment for Labor secured to Mechanics and Laborers, by lien on real estate, . 849
Pearce, John, to file affidavit and copy of notice, . . . . 211
Pearson, John H., trustee, to sell real estate, ..... 222
" " " " " pay money to Maria B. Seaver, . . . 494
Pedlers, in addition to act concerning, ...... 800
Peirce, William, administrator of, to file affidavit and order of notice, . . 511
Pension to Anna Brigham,' . . . . . . . 511
" " Arad Dennison, . . . . . . 235
" " Charles B. Orcutt,- . . . . . . 204
" " Daniel Walker, ....... 491
" " Daniel Woodward, ....... 204
" " Erastus W. Sanborn, ...... 508
" " Increase N. Emerton, ...... 504
" " James Capen, . . . . . . . 211
xl
INDEX.
Pension to James Hayward,
" " Joshua Owen,
" " Martin Wheelock, .
" " Mary Davis,
People's Bank, capital stock increased,
" Mutual Fire Insurance Company, in addition to act of incorporation,
» " Health Assurance Company, incorporated,
Perkins Institution and Massachusetts Asylum for the Blind, allowance to,
Personal Property under Mortgage, penalty for selling without notice to mortgagee
Petersham, town of, allowance for support of paupers, .
Pews, to exempt from attachment, ....
Philo Logian and Philo Technian Societies, trustees incorporated,
Physiological Institute of Boston and vicinity, ladies incorporated,
Physiology and Hygiene to be taught in Public Schools,
Pickled Fish, foreign, relating to the branding of,
Pigeon Beds, for protection of, .
Piles in Ipswich River, Warren Averill and associates authorized to drive,
Pitchawam Manufacturing Company, to manufacture paper or cotton goods,
Pittsfield, police court established in,
" trustees of Methodist Episcopal Church in, to convey property,
" Young Ladies Institute, incorporated, .
Plank Road, Longmeadow, authorizing construction of, .
Plans and Profiles, Railroad, to accompany petition for establishment of,
Plantation of Herring Pond, concerning,
Plymouth Cordage Company, capital stock increased,
Pocasset Manufacturing Company, capital stock increased,
Pocha Pond Meadow and Fishing Company, in Edgartown, incorporated,
Police Court, city of Worcester, concerning powers of, .
" " " " " concerning,
" " in Lynn, established, ....
" " " Pittsfield, established, ....
" " " Springfield, established, k .
" " " Taunton, established, ....
" " " Worcester, concerning compensation of the justices of,
" Courts, concerning proceedings and practice in civil actions before,
" " jurisdiction extended,
" Officers, providing for appointment of,
Ponkapoag Indians, allowance to guardian of,
Poole, Ward, to sell real estate,
Poor Debtors, concerning notices of intention to take benefit of act relating to,
Poor, Samuel, allowance to,
Pope, Alexander, Commonwealth's right to property released to,
Pork and Beef, concerning inspection of,
Potato Rot, petition of Francis Tuttle, concerning,
Powers and Duties of Justices of the Peace, concerning,
" of Attorney, authorizing conveyance of real estate,
Powow River Bank, relating to, ...
Pratt, Rebecca, allowance to, . . .
Page 503
229
198
492
3
416
423
222
462
231
755
380
481
419
351
18
311
97
479
599
60
840
86
370
312
195
624
781
763
46
479
312
83
150, 475
817
86
657
508
859
411
878
210
464
860
765
148
671
225
INDEX.
xli
Presbyterian Church and Society in Dracut, name changed,
Prescott Bank, capital stock increased, ....
" " in Lowell, established, ....
Preservation of Useful Birds, concerning,
President of the United States, providing for reception of, . . 231
Printing for the Commonwealth, secretary and clerks of the Legislature to contract
Prison, State, abolishment of corporal punishment in,
" " allowance to supply deficiency in the revenue of, .
" " appropriation to provide a laundry in,
" " concerning appointment of inspectors of, .
" " " discipline, &c, of, .
" " enlargement authorized, ....
" " in addition to act for enlargement of,
" " salary of physician of, .
" " warden of, to pay money to agent for discharged convicts
Prisons, allowance to committee on, ....
Prize Fighting, to prevent, .....
Probate Bonds, concerning, .....
" Court at Dighton, doings in April, 1849, confirmed,
" " " Great Barrington, terms established,
" " " Pawtucket, annual term established,
" " in Franklin County, terms established,
" " " Hampden County, terms established,
" " " Plymouth County, to be holden in Hingham,
" " Judges of, allowed fees for committing lunatics,
" " " " bonds to, concerning exemption from, .
" " " " concerning, ....
" " " " in relation to notices of proceedings before,
" " " " powers as to settlement of trust estates,
" " " " regulating publication of advertisements,
" " " " to act as commissioners of insolvency in certain cases
" " " " to take proof of execution of deeds in certain cases,
Proceedings, Practice and Rules of Evidence of the Courts of this Commonwealth
amended, ........
Proprietors of Central Bridge, incorporated, ....
" " Bradford Meeting House, named changed from West Bradford,
" " Commons in Beverly, incorporated,
" " the Lee Street Church in Lowell, incorporated,
Prosecutions, concerning, for maintenance of bastard children, .
Providence and Bristol Railroad Company, incorporated,
Provincetown, seaman's savings bank in, incorporated,
Public Administrators, in addition to act for appointment of,
" Amusements, concerning, .....
" Charitable Institutions, allowance to committee on,
" Health, in relation to, .
" Lands in Maine, committee of legislature to ascertain and report value of,
" Libraries, cities and towni to establish, ....
" Meetings and Schools, penalty for disturbance of, . ?
Page 355
729
367
98
, 523, 887
for, 216
1U8
202
219
304
465
474
780
466
95
229
31
575
110
25
18
431
464
406
424
402
750
805
429
639
407
681
698
471
680
632
63
606
736
581
79
178
228
150, 341
524
804
36
xlii
INDEX.
Public Schools, physiology and hygiene to be taught in, .
Punchard Free School, in Andover, incorporated,
Punishment for Offences mentioned in 143d chapter Revised Statutes,
" in the State Prison, corporal, abolished,
Punkapoag Indians, allowance to guardian of,
" " concerning payment of annuities to,
Page 419
563
851
108
203
210
305
. .
.
344
m .
.
177
197,
231,
511,
887
•
•
571
696
Quaboag Seminary, established at Warren, .....
Qualifications of School Teachers, certificate of school committee to be deposited
with selectmen, .....
Quanapowitt Railroad Company, incorporated, .
Quarter-master General's Department, appropriation for,
Quincy Mutual Fire Insurance Company, incorporated, .
Quinsigamond Bank, capital stock increased,
R.
Railroad Accommodations, for Wilmington and vicinity, to provide additional, . 675
" Corporation, Agricultural Branch, charter renewed, and time for locating
extended, . . . . . . 622
" " Amherst and Belchertown, incorporated, . . . 769
" " Barre and Worcester, time for completion of road extended,
and name changed, ..... 33
" " Boston and Lowell, location of branch roads confirmed, . 75
" " " " " to build a branch road, widen bridge, &c, 15
" " " Maine, capital stock increased, . . 175
" " " Worcester, capital stock increased, . . 306
" " " " time for annual meeting altered, . 6
" " " Barre and Gardner, name established, . . 33
" " " " " " " concerning, . . 591
" Cape Cod Branch, authorized to extend, . . . 688
" " " " to change location, ... 139
" " Charles River, incorporated, .... 105
" incorporated, and Medway Branch, concerning, 798
" Branch, concerning, . . . 600
" Connecticut River, capital stock increased, . . 195
" to issue shares as preferred stock, . 375
" " " " to lease Ashuelot Railroad, . . 426
" Danvers and Georgetown, incorporated, . . . 623
" Dorchester and Milton Branch, concerning, . . 779
" " " " " Extension, incorporated, . . Ill
" " " time for location, &c, of road, ex-
tended, . . . . 411
" Eastern, time extended for locating extension of, . . 756
" " to extend road, increase capital stock, &c, . 141
Essex, Salem and Lowell and South Reading Branch, in re-
lation to, ..... 628
INDEX.
xliii
Railroad Corporation, Essex, to file location of road, ....
« " " to issue bonds, .....
« " Fairhaven Branch, established, ....
a « « " time extended, and capital stock re-
duced, ....
« « Fall River, to change location, and capital stock increased,
« » Fitchburg and Worcester, to issue preferred stock,
« » " " " concerning,
u u « « " time for construction of road ex-
tended,
a » « « " time for location and completion
extended, and authorized to
unite with or sell road to other
companies,
» " « change of location of road, confirmed, .
« '< « may accept charter of Waltham and Watertown
Branch Railroad Company, &c,
« " « new line of road established in Somerville,
« » " to alter construction of bridges over Miller's River
in Somerville,
» " Framingham Branch, time for construction of road extended
" " Georgetown and Andover, incorporated,
" " Grand Junction and Depot, authorized to change location of
road,
« '< « " " " in relation to, .
« « " « « " to use the Eastern Railroad,
« " Harvard Branch, time for location and completion of road
extended, .....
" " Indian Orchard, incorporated,
" " « " time for location, &c, road, extended,
" « Lake Rock Granite, to construct a branch road,
" « Lancaster and Sterling Branch, time for location and com
pletion of road extended,
" " Lexington and West Cambridge, capital stock increased,
" " Lowell and Lawrence, to construct branches,
** " Matfield, incorporated, ....
" " Medway Branch, incorporated,
" " " " location of road changed,
" « « " time for construction of road extended,
" " Middleborough and Plympton, established,
" " Midland, concerning, ....
" " " incorporated, ....
" " Millbury and Southbridge, incorporated,
" " Mount Pleasant Branch, concerning,
" " " " " incorporated,
« " « " « time for location, &c, extended,
" " New London, Willimantic and Palmer, doings confirmed,
" " Newburyport, concerning,
Page 5
846
104
602
139
599
576
284
11
348
173
358
836
348
139
304
730
142
89
121
351
466
134
562
613
445
129
442
284
352
841
450
616
732
132
432
589
612
xliv
INDEX.
Railroad Corporation, Newburyport, time for completion extended,
" " " " " construction of road extended,
" " Norfolk County, concerning,
" " " " to construct a branch road,
" " North Beverly Branch, incorporated,
" " Norwich and Worcester, capital stock increased,
" " " " " concerning,
" " Old Colony, concerning, ....
" " Providence and Bristol, incorporated,
" " Quanapowitt, incorporated,
" " Salem and Lowell, time for filing location of road extended
" " Saugus Branch, concerning,
" " " " route established, .
" " " " to extend road,
" " Silver Lake Branch, incorporated, .
" " " " " time for location, &c. extended,
" " Southbridge and Blackstone, incorporated,
" " " " " in addition to act incorporating,
" " Springfield and Longmeadow, incorporating,
" " Stoneham Branch, incorporated,
" " Swift River, incorporated,
" " Taunton and Middleborough, tune for filing location and
construction of road, au
thorized,
" " " " " time for location, &c. ex
tended, .
" " Troy and Greenfield, to vary location of road,
" " " time for locating road extended,
" Union, time for filing location extended,
" Vermont and Massachusetts, concerning, .
" " " time for constructing road from
Greenfield to Fitchburg, ex-
tended,
" Vermont and Massachusetts, to unite with Brattleborough
and Fitchburg, and capital stock increased,
Waltham and Newton Branch, time for location and com-
pletion extended, .....
Waltham and Watertown Branch, established,
" " in addition to act estab-
lishing,
" " Ware River, incorporated, ....
West Dedham Branch, incorporated,
" " " Newbury, incorporated,
" Western, concerning the sinking fund of, .
relating to conveyances by commissioners of sink-
ing fund of, .
" " Wilmington Branch, incorporated,
" and Cambridge, incorporated,
Page 63
356
378, 765
115
733
394
233
101
736
177
6
805
344
651
182
342
131
636
179
640
808
353
72
481
46
422
96
806
42
171
595
817
114
684
396
801
427
734
INDEX.
xlv
Railroad Corporation, Worcester and Nashua, capital stock increased, . . Page 689
" Corporations, annual reports from, concerning, . . . . 611
" " concerning effects of passengers transported by, . . 645
" " concerning estimation of damages from laying out roads, . 96
" " concerning returns by, ..... 124
" " neglect of, to protect towns from injury by, . . 603
" " to alter the direction of highways, .... 99
" Crossings, concerning, . . . . . . . 170
" " in relation to, . . . . . . . 812
" Maps, Railroad, clerk of the senate to purchase Goldthwaite's, . . 223
" Mutual Fire Insurance Company, incorporated, .... 570
Railroads, concerning accidents upon, ...... 107
" brakes and brakemen to cars running on, .... 100
" crossing each other, concerning, • . , . . . 227
Railway, Chatham Marine, incorporated, ...... 570
" Company, Boston Marine, to extend wharf in Boston, . . . 325
" Marine, Alexander Baxter and others authorized to construct, in Barn-
stable, ........ 290
" " A. H. Howland, to build in New Bedford, . . . 621
" " J. S. Mayhew, to build in Edgartown, .... 584
Railways, penalty for obstructing passage of carriages on, established, . . 307
Randolph Savings Bank, incorporated, ...... 585
Ratable Estate within this Commonwealth, assessors to ascertain and report, 293, 327, 449
Real Estate, concerning partition of, ..... . 433, 458
" " " powers of attorney, authorizing the conveyance of, . 148
" " " sale of, for taxes, . . . . . . 153
" " in Nantucket, repeal of acts concerning, .... 472
" " Mutual Fire Insurance Company, in addition to act incorporating, . 687
" " of minors, concerning bond to be given for sales of, . . 307
" " sold for taxes, when to be redeemed, ..... 334
" Property, concerning larceny of, ..... . 648
Records, Municipal and other, for better preservation of, . . . . 655
Redding, Fanny W., to sell real estate, ...... 864
Red River, bridge to be built across, ...... 37
Reed, Anthony, to build wharf in Dighton, ..... 592
Reform School, State, appropriation for its completion and support, . . 153, 209
Registers of Deeds and County Treasurers, relating to election of, . . 572
" School, Board of Education to prescribe form of, &c, . . . 149
Registration of Births, Marriages and Deaths, concerning, . . . 142
Rehoboth, allowance to, for support of paupers, ..... 493
Religious Society, American Baptist Missionary Union and the Massachusetts
Baptist State Convention, agreement confirmed, . . 503
" " Boston Society of the New Jerusalem, in addition to act of
incorporation, ...... 355
" " East Parish in Amesbury, concerning the disposal of the
property of, .... 71
" " First Baptist, in Chelsea, concerning, . . . 687
" " " " of Lancaster, proceedings confirmed, . . Ill
xlvi INDEX,
Religious Society, First Congregational, in Lynnfield, to sell real estate, . . Page 671
" " " Congregational, in Tyringham, name changed, . . 615
" " " Evangelical Congregational, in Uxbridge, in addition to
act incorporating, < 650
" " " in Newburyport, name established, . . . 298
" " " Universalist, in Attleborough, time changed for holding
annual meeting, .... 668
" " " " in Salem, name established, . . 305
" " Massachusetts Universalist Home Missionary, incorporated, . 661
" " Methodist Episcopal, in Pittsfield, trustees of, to convey
property, ....... 599
" " New Universalist, in Salem, name changed, . . . 305
" " Orthodox Congregational, in Shirley, trustees of, to sell real
estate, ....... 571
" " Presbyterian Church and Society, in Dracut, name changed, 355
" " Proprietors of Second Congregational, in Marblehead, incorpo-
rated, ..... 645
" " " " the Lee street church, in Lowell, incorporated, 63
" " Second Methodist Episcopal Church, in Chelsea, name
changed, ....... 350
" " St. Mary's Church, in Dorchester, time for depositing copy of
record extended, ...... 208
" " Trustees of First Methodist Episcopal Church, in Chelsea,
name established, ...... 350
" " Wardens and Vestry of Christ Church, in Boston, in addition
to act of incorporation, ..... 42
" " West Congregational Church and Society, in Dracut, name
established, ....... 355
Reform School for Girls, concerning, ...... 522
" " State, appropriation to pay expense of, . . . 507
Renewal of Bank Charters, in relation to, . . . . 157. 408, 568, 768
Report of Sanitary Commission, to provide for distribution of, . . . 855
" " the Secretary of the Board of Education, annual, clerk of senate to
print 8000 copies, . . . . . 214
" " " " of the Board of Education, tenth, to reprint, . . 208
" on Insects of Massachusetts, reprint authorized, .... 507
Representatives, Clerk of House of, to arrange files, . . . . 518
" House of, to provide for pay of, . . . . . 858, 873
" in Congress, concerning election of, . . . 579
" pay of, ....... 514
Returns by Cashiers, Treasurers, &c, to assessors, concerning, ... 73
" " School Committees in which vacancies exist, concerning, . . 92
" from District Attorneys, to be made to Attorney General, . . 118
" " " Mutual Fire Insurance Companies, concerning, ... 68
" " Railroad Corporations, concerning, ..... 124
" of Births, Marriages and Deaths, concerning, .... 142
" " Moneys received by public officers, to provide for, . . . 686
" " School Committees, concerning, . . . . 380
INDEX.
xlvii
Pacific coast, concerning,
Returns by Superintendents of alien passengers, concerning,
Revere Mutual Fire and Marine Insurance Company, incorporated,
« " " " " " " name changed,
Revised Statutes, chapter 143, relating to punishment for offences, mentioned in,
Richardson School Fund, trustees incorporated,
Richmond, allowance for support of paupers,
Rights of Mill Owners, concerning,
Road, Longmeadow Plank, construction authorized,
" National, from the valley of the Mississippi to the
Robins and Larks, killing them, made unlawful,
Rockport Bank, incorporated, .
Rogers, Geo. H., to build a wharf,
" " " " extend wharves in Gloucester,
Rolls of Accounts, ....
Rollstone Bank, in Fitchburg, capital stock increased,
" " " " incorporated,
Ropes, William and Henry Codman, to sell real estate,
Ross, Joseph L., allowance to, .
Roxbury, Athenaeum, incorporated,
" City of, in addition to act establishing,
" " " overseers of poor in, allowance to,
" part of, annexed to Boston,
" primary School District No. 7, in, to sell real estate,
Ruggles, F., allowance to, .
Rutland, part of, annexed to Paxton,
Page 467
332
561
851
470, 475
496
66
840
233
470
366
67
567
237, 243
678
109
214
504
649
289
492
460
879
879
785
8.
Salary of Assistant Librarian and Clerk of Board of Education, established,
" " Attorney General, established, ....
" " Auditor of Accounts, established, ....
" " District Attorney for Western District, increased,
" " Secretary of Board of Education, established,
Salaries of Justices of the Court of Common Pleas, established, .
Sale of Anihracite Coal, regulated, .....
" " Real Estate for Taxes, concerning, ....
Sales by Auction, concerning tax on, .....
" of Real Estate of Minors, concerning bond for,
Salem and Danvers, William Gray and others to bring water into, concerning,
" " Lowell Railroad, time for filing location extended,
" Monthly Meeting of Friends, overseers of, to sell real estate,
" Steamboat Company, incorporated, ....
Salisbury Manufacturing Company, capital stock increased,
tide meadows in, proprietors to protect from overflow, .
town of, allowed for support of state paupers, .
Sanborn, Erastus W., allowance to, . ...
Sanitary Commission, Report of, providing for distribution of,
" Survey of the State provided for, ....
328
119
35
92
155
6
92
153
90
307
455
6
863
731
196
614
513
508
855
232
xlviii
INDEX.
Saugus Branch Railroad, concerning, .
" " " route established,
" " " to extend,
Savery, Benjamin, allowance to,
Savings Bank, Blackstone, incorporated,
" " Bridgewater, incorporated,
" " Clinton, incorporated,
" " Danvers, incorporated, .
" " Milford, incorporated,
" " North Bridgewater, incorporated,
" " Randolph, incorporated, .
" " Scituate, incorporated, .
" " Seamans', in Provincetown, incorporated,
" " South Scituate, name established,
" " Ware, incorporated,
" " Worcester Mechanics, incorporated,
Savings Banks summoned as trustees, concerning,
" Institution, Warren, relating to,
" Institutions, requring returns from treasurers of,
Sawtell School Fund, in Groton, to be under charge of trustees,
Sawyer, Charles B., and Stephen M. Allen, to erect a dam across Baylies Creek,
Sawyer, Rev. Benjamin, to receive interest of property of East Parish, in
Amesbury, .......
Scholley, John, to sell real estate,
School, absentees from and truant children, concerning, .
" Agricultural, concerning the establishment of,
" Architecture, Barnard's, to be furnished to towns,
" Committees, concerning duties of, and distribution of income of school
fund,
" " " returns when vacancies exist in,
" " " vacancies in, .
" to make returns of amount received from school fund,
" District Meetings, concerning manner of warning,
" " No. 7, in Roxbury, to sell real estate,
" Districts, concerning taxing real estate and machinery in,
" " in addition to act relating to, .
" " " relation to, .
" Fund, allowance of, to West Newbury, .
" " Atkinson, trustees incorporated,
" " in town of Chicopee, tiustees incorporated,
" " Massachusetts, increased,
" Hopkinton High, name changed,
" Houses, district, concerning, ....
" Libraries and Apparatus, concerning,
" Massachusetts, for idiotic and feeble minded youth, incorporated,
" Public Physiology and Hygiene to be taught in, .
" " to be supplied with dictionaries, .
" Punchard Free, in Andover, trustees incorporated,
Page 805
344
651
207
85
602
632
337
589
597
585
681
581
45
311
638
308
572
752
402
433
INDEX.
xlix
School, Quaboag Seminary, established,
" Registers, Board of Education to prescribe form of, &c,
" Returns and other documents, concerning distribution and preservation of,
" " &c, concerning distribution, &c, of,
" Springfield Medical, incorporated,
" State Reform, appropriation for completion and support of,
" " " " to pay expenses of, .
" " " concerning powers and duties of trustees,
" Teachers, concerning certificate of qualifications of,
" Tremont Street, Medical, incorporated, .
Schools and Public Meetings, penalty for disturbance of,
" concerning, ....
" Reform for Girls, concerning, .
" State Normal, appropriation for,
Schoolhouses, towns to take land for,
Scituate Institution for Savings, name changed,
" Savings Bank, incorporated,
Screw Company, Bay State, incorporated,
Scudder, Frederick, to build a wharf in Hyannis,
Seaman's Savings Bank, in Provincetown, incorporated,
Searle, Daniel J., to sell real estate,
Seaver, Maria B., trustee for, authorized to pay money to,
Second Congregational Society in Marblehead, proprietors incorporated, .
" Hospital for the Insane, authorizing the erection of,
" Methodist Episcopal Church in Chelsea, name changed,
" Parish in Bradford, name changed,
Secretary of the Board of Education, duties defined, salary established, &c,
" " " " " " tenth report of, to be reprinted,
" " " " " " to appoint agents,
<! km « » » to be librarian, employ an assistant, report
to the legislature, &c,
" " " " " " to direct appropriation for State Normal
Schools,
" " " " " " to forward school blanks to cities and towns,
" " " " " " " " " registers and other docu-
ments, &c,
" " " " " " to furnish schools with dictionaries,
" " " " " " to publish annual report, .
Secretary of the Commonwealth and Clerks of the Legislature, to contract for the
State printing, ....
" " " " to alter form of returns from jails and houses of
correction, .....
" " " " to cause an abstract of joint stock companies to
be printed, .....
" " " " to cause 3000 copies of reports from railroad
corporations to be printed,
" " " " to cause plates of the State maps to be repaired,
Page 305
149
306
38
401
153, 209
474, 507
343
344
370
36
456
522
225, 496
670
45
681
839
43
581
880
494
645
748
350
644
154
208
865
97
875
306
38, 149
520
216
43
636
611
199
INDEX.
Secretary of the Commonwealth to enter in a book for reference the returns from
commissioners of insolvency,
" " " w to furnish blanks for returns to mutual fire insur-
ance companies, ....
M " " M to furnish blank forms to telegraph companies for
returns, .....
« « « 4fr to procure one hundred copies of the State map
for distribution, ....
«• " w " to provide envelopes to the several cities and
towns for balloting, ....
« « » «* to prosecute in cases of violation of banking act
reported by bank commissioners,
*' " " " to supply towns with Barnard's School Archi-
tecture,
" " " " to transmit ail accounts to the auditor,
M " w " to transmit copies of the act for a convention of
delegates for revising the constitution,
" " " " to furnish blank forms for returns to sheriffs,
" Treasurer and Auditor, to be commissioners of public lands,
Seining of Fish in the Harbors of New Bedford and Fairhaven,
Selectmen of Towns, to preserve order at muster fields, &c,
Seminary, Qtuaboag, established,
Senate and House of Representatives, for monthly pay of,
" Council and House, pay of,
" pay of members, ....
Sergeant at Arms, accounts of, Auditor to audit,
" " " allowance to, for repairs on State House,
" " " appropriation for incidental expenses, . . 226,
" " " " " making alterations in Representatives' Hall,
and introducing gas into Senate Chamber,
" " " " " contingent expenses,
" " " to cause Representatives' Hall to be ventilated,
" " " to light State House with gas,
" " " to pay contingent expenses of General Court,
" " " to pay incidental repairs, &c. of State House,
" " " to purchase fuel, &c,
" " " to pay for extra services,
" " " to prepare a room for Land Agent,
Sharon, part of, set off to Foxborough, .
Shawsheen Company, incorporated,
Sheafe, Charles C, trustee to sell real estate,
Sheep Pasture, in Beverly, proprietors incorporated,
Sheffield, allowance to, for support of paupers, .
Shelburne Falls Manufacturing Company, incorporated, .
Sheriffs and their Deputies, to administer oaths to appraisers,
" fees for distribution of school documents,
" to make additional statements in annual return,
" fees for serving subpoenas issued by order of the General Court, estab
lished, .......
Page 835
68
739
199
694
627
220
96
763
302
476, 673
85, 168
467
305
858
220
514
222
198
227, 880
880
884
227
219
520
521
227, 514
877
232
308
185
212
632
236
807
588
38
302
149
INDEX.
Ships and Vessels, mortgages of, concerning, ....
Shirley, Trustees Orthodox Congregational Society in, to sell real estate,
Shoe and Leather Dealers Bank, capital stock increased,
Shop Bills, of the similitude of bank bills, penalty for engraving, issuing, &c,
" Breaking and Aggravated Larceny, relating to,
Shumway, Amos, guardian of the Dudley Indians, allowance to,
Sidewalks, in towns, for protection of, .
" in unaccepted streets, concerning,
Silver Lake Branch Railroad Company, incorporated,
" " " " " time for location, &c. extended,
Sinking Fund of Western Railroad Corporation, relating to conveyances to and
by the Commissioners of, .
Sixth School District in Weymouth, relating to fund of, .
Slavery and the Slave Trade, concerning, ....
" concerning, .......
Slung Shot, penalty for carrying or manufacturing,
Small, Isaac, 2d, to build a wharf in Provincetown,
Smith Charities, Trustees of, incorporated, ....
" Joseph, and others, to extend wharves, ....
Snow, Laban, Jr., to build a wharf in Harwich, ....
" Otis, to remove the remains of the dead in Dartmouth,
Society, Association for the Relief of Aged, Indigent Females, incorporated,
" Berkshire Medical Institution, allowance to,
" Boston Musical Fund, incorporated, ....
" " of Civil Engineers, incorporated,
" Cambridge Atheneum, incorporated, ....
" Charitable Association of Roxbury Fire Department, incorporated,
" Doctrinal Book and Tract, incorporated,
" Female Medical Education, incorporated,
" " Mutual Sewing, Lynn, incorporated,
" First Congregational in Tyringham, name changed,
" for relief of aged and destitute Clergymen, incorporated,
" Grafton High School Association, incorporated,
" German Mutual, incorporated, .....
" Ladies' American Home Education and Temperance Union, incorporated
" " Physiological Institute of Boston and vicinity, incorporated,
" Lexington Monument Association, incorporated,
" Massachusetts Charitat le Eye and Ear Infirmary, allowance to,
" " Humane, allowance for purchase of life-boats,
" " Medical, concerning,
" " Teachers', allowance to,
" Needle Woman's Friend, incorporated, .
'' Paucatuck Cemetery Association, incorporated, .
" Philo Logian and Philo Technian, incorporated,
" Trustees of Donations for Education in Liberia, incorporated,
" Tufts Institution of Learning, incorporated,
" Worcester Children's Friend, incorporated,
" " " in addition to act incorporating,
Page 588
571
98, 697
lii
INDEX.
Society, Worcester County Mechanics Association, incorporated, . . Page 319
" " Medical Institution, incorporated, .... 17
Sole Leather, concerning inspection of, . . . . . • 379
Somerville, fire department established in, v . . . . • 358
" Fitchburg Railroad to alter construction of bridges in, . . 836
" town of, allowed for support of paupers, .... 499
South Bay Mill Company, incorporated, . . . . .176, 430
" Cove and South Wharf Corporations, to extend a wharf in Boston, . 407
" Hadley Falls Bridge Company, incorporated, . . . . 417
" " overseers of poor in, allowance to, .... 491
" Lee Manufacturing Company, incorporated, .... 170
" " " " to manufacture flour and meal, . . 303
" Scituate Savings Bank, name established, .... 45
" " town of, incorporated, ...... 7
" Wharf Corporation, to extend a wharf, ..... 400
Southampton, part of, annexed to Easthampton, ..... 360
Southbridge and Blackstone Railroad Company, incorporated, . . . 131, 636
Sparks, Harvey, to build wharf in Provincetown, .... 583
Sparrow, Thomas, to extend wharf in Chatham, .... 593
Special Laws, eighth volume, distribution provided for, .... 198
Springfield and Longmeadow Railroad Corporation, incorporated, . . 179
" Aqueduct Company, in addition to act incorporating, . . 399
" Bank, capital stock increased, ..... 77
" Fire and Marine Insurance Company, incorporated, ... 89
" " " " " " time extended for paying in cap-
ital stock, . . . 406, 614
" Machine Company, incorporated, ..... 348
" Medical School, incorporated, ..... 401
" Police Court, established, ...... 312
Stables and Bowling Alleys, relating to erection and use of, . . 813
Stamps and Marks, fraudulent, penalty for using, .... 331
Stanwood, Thomas, allowance to, ..... . 509, 857
State Arsenal, Adjutant General to sell sheds, &c, at, . . . . 228
" House, appropriation for purchase of fuel, &c, for, . . . 227, 514
" " " " incidental expenses, . . . 226, 227, 880
" " " " repairs on, .... . 198
" " " ventilating, ..... 227
" " providing for payment of contingent expenses of General Court and
offices in, &c, . . . 520, 884
" " " " " of repairs and furniture for, &c, . . 521, 880
" " to be lighted with gas, ...... 219
" yard, fountains in, appropriation to pay expenses of, . . 491
" Library, trustees to be appointed, and powers defined,. . . . 382,485
'* Lunatic Hospital, concerning removal of insane persons charged with crim-
inal offences, to, .... 40
M " " payment of accounts of, authorized, . . . 807
" " " trustees to purchase land, .... 22D
" " Paupers, concerning allowance for support of, . . . 149
INDEX.
liii
State Map, secretary to cause the plates to be repaired, .
" " " to procure one hundred copies for distribution,
" Normal Schools, appropriations for,
" " " concerning, ....
Page 199
199
225, 496
875
" Paupers, allowance for support of, 96, 202, 205, 210, 211, 213, 214, 215, 218, 219, 220,
221, 224, 225, 228, 230, 231, 236, 491, 492, 493, 494, 496, 499,
500, 501, 502, 505, 510, 512, 513, 516, 518, 520, 857, 862, 878
" " and Alien Passengers, Board of Commissioners appointed in rela-
tion to, ...... 847
" " relating to accounts for support of. ... . 581
" Printing, Secretary and Clerks of Legislature to contract for, . . 216
" Prison, abolishment of corporal punishment in, . . . . 108
" " allowance to supply a deficiency in revenue of, . . . 202
" " appropriation to provide a laundry in, ... 219
" " concerning appointment of inspectors of, . . . . 304
" " " discipline, &c, of, . . . . 465
" " " intercourse with convicts in, . . . . 786
" " enlargement authorized, ...... 474
" " in addition to act for enlargement of, . . . . 780
" " salary of physician of, ..... . 466
" Prison, Warden of, to pay money to agent for discharged convicts, . . 95
" Reform School, appropriation for completion and support of, . . 153, 209
" " " " to pay expenses of, . . . . 507
" " " and State Prison, annual reports of, to be printed, . . 861
" " " concerning powers and duties of trustees, . . . 343
" " " for pay of current expenses of, . . . . 883
Steamboat Company, Bay State, incorporated, ..... 29
" " Salem, incorporated, ..... 731
Steam Boilers, to be provided with safety plugs, .... 90
" " to prevent explosion of, . . . . . . 457
" Mills, Maiden, in addition to act incorporating, .... 773
" Ship Company, of New England, Ocean, incorporated, . . . 462
Stereotype Foundry, Boston, incorporated, ..... 346
Sterling Bonds, Treasurer to issue duplicates to Ward & Co., . . . 235
St. Mary's Church in Dorchester, time for depositing copy of record extended, . 208
Stock Companies, Joint, relating to, . . . . . . 633
Stockbridge Water Company, incorporated, . . ... 682
Stockholders in Banks stopping payment, concerning liability of, . . 19
" " corporations, relating to, ..... 749
" " Manufacturing corporations, concerning, . . . 811
Stoneham Branch Railroad Company, incorporated, .... 640
" Fire Department, established in, .... 648
Stony Beach, in Hull, penalty for removing gravel, &c, from, . . . 61
Streets and Private Ways in Charlestown, concerning .... 381
" " ways in Worcester, concerning, ..... 396
" unaccepted in Boston, concerning sidewalks in, . . . . 87
Sturbridge, town of, allowance for support of state paupers, . . . 220
Sturtevant, Noah, to extend wharf, ...... 582
liv
INDEX.
Suffolk County, jurisdiction of Justices of the Peace in, extended,
" Gas Company, incorporated,
Sugar Works, Union, incorporated,
Sumac, Foreign, to provide for inspection of,
Superintendents of Alien Passengers, concerning their duties,
" " " " " " returns,
Superior Court of the City of Boston, established,
Supreme Judicial Court and Court of Common Pleas, in addition to act concerning,
" " " to have equity powers in cases of sales of real estate for
taxes,
« " " " " " '• " " of railroad crossings,
Swan Pond River, authorizing a bridge to be built across, .
Swanzey, town of, allowed for support of state paupers,
Swett, Samuel W., trustee, to sell real estate, ....
Swift River Railroad Company, incorporated, ....
Page 90
404
644
801
338
467
187
754
148
170
37
500
216
808
T.
Taunton and Middleborough Railroad, time for location and construction extended,
" Bank, capital stock increased,
" Carpet Factory, incorporated,
" Police Court, established in,
" Weir Bridge in, concerning,
Taxation, agricultural societies exempted from,
" of income, concerning, .
Taxes, assessed on estates of insolvent debtors, concerning,
" assessment of, concerning, .
" collectors of, powers extended,
" concerning redemption of real estate sold for,
" " sale of real estate for, .
" " the more equal assessment of, .
" granted for the several counties, ..... 205,
" in Lowell, concerning the collection of,
Tax on Sales at Auction, ....
Taylor, Richard and others, to build a wharf in Chatham,
Teachers' Association, Massachusetts, allowance to,
" Instifutes, allowance to pay expenses of,
" " concerning length of sessions of,
" School, certificate of qualification to be deposited with selectmen of towns
Telegraph Companies, Electric, and electric telegraphing, concerning,
" Company, Boston and New York, incorporated,
" " Boston and Portland, incorporated,
" " " " Vermont, incorporated,
" " Bridgeport and Bennington, incorporated,
" " New England, incorporated, .
Telegraphing, Electric, in addition to act concerning,
Tenth Massachusetts Turnpike, attorney of western district to commence process
against, . . . .
7,353
74
180
83
843
666
95
413
456
312
334
153
73
494, 860
113
90, 306
43
222
510, 512
37
344
61
82
316
174
414
607
739
226
INDEX.
Iv
Tenth Report of the Secretary of the Board of Education, concerning a reprint of,
Testamentary Papers, or wills of deceased persons, concerning the concealment of,
Testate Estates, concerning dower in,
Theatrical Exhibitions, unlicensed, penalty established for,
Tide Meadows, proprietors of, in Salisbury, to protect from overflow,
Tirrell, Jesse, Jr., to extend wharf in Boston,
Tisbury, town of, allowed for support of a state pauper,
Titles for quieting, to mortgaged real estate, transferred by executors and admin-
istrators, . .....
Todd, Henry, concerning his bequest to the Board of Education,
Tolls on Haverhill Bridge, rates of, regulated,
Towle, Josiah and Solomon Parsons, released from liability to the Commonwealth
Town Meetings, in certain cases, repeal of act authorizing,
" " to be held in May under certain circumstances,
" Middleborough and Carver, dividing line established,
" of Auburn, concerning land and personal estates in,
" " Clinton, incorporated,
" " Dracut, in addition to act annexing to Lowell,
" " " part of, annexed to Lowell,
" " Easthampton, part of Southampton annexed to,
" " Edgartown, to protect herring fishery in, .
" " Falmouth, to protect fisheries in, .
" " Foxborough, part of Sharon annexed to, .
" " Groveland, incorporated, .
" " Hadley, part of, annexed to Northampton,
" " Holyoke, incorporated,
" " Lynn, incorporated as a city,
" " Melrose, incorporated,
" " Nantucket, in addition to act establishing a fire department in,
" " Natick and Wayland, line established, .
" " " fire department established in,
" " Newbury, part of, annexed to Newbury port,
" " Newton, part of Waltham set off to,
" " Northampton, part of Hadley annexed to,
" " Roxbury, part of, annexed to Boston,
" " Sharon, part of, annexed to Foxborough,
" " Southampton, part of, annexed to Easthampton,
" " South Scituate, incorporated,
" " West Roxbury, incorporated,
" " Winchester, incorporated,
" " Wayland and Natick, line established, .
" " Whately and Williamsburg, boundary line established, .
Towns, in addition to act authorizing the taking of land for schoolhouses,
" of Dennis and Yarmouth, to regulate fisheries in Bass River,
" protected from injury by neglect of railroad corporations, .
" sidewalks in, for protection of, ....
" to sue for penalty for bringing paupers into,
Traders Bank, capital stock increased, ....
lvi
INDEX.
Traders Fire and Marine Insurance Company, time for paying in capital stock ex-
tended, ........ Pages 75, 330
Tradesmans Bank, in Chelsea, capital stock increased, .... 765
" " " " incorporated, ..... 366
Treasurer of the Commonwealth, late, appropriation to pay funeral expenses of, . 398
" " " sale of land by, confirmed, . . . 498
" " " to accept bequest of Henry Todd to Board of Ed-
ucation, ..... 318
" " " to advise with Attorney General concerning
loans, . . . . . . 518
" " " to borrow money in anticipation of the reve-
nue, .... 201, 489, 856, 888
" " " to borrow money to pay for the completion and
support of the State Reform School, .
" " " to issue duplicate sterling bonds to Ward & Co.,
" " " to publish monthly abstracts of returns of alien
passengers, .....
" " " to receive grants and bequests from Board of
Education, .....
" " " to release Commonwealth's title to land in Wor-
cester to the Norwich and Worcester and
other Railroad Companies,
" " " to sell a compass and chain,
" Secretary and Auditor, to be Commissioners of Public Lands,
Treasurers of Institutions for Savings, requiring returns from,
Treasury, Commissioners upon, allowance to,
Tremont Bank, in Boston, capital stock increased, .
" Street Medical School, incorporated,
Trial Justices, act appointing, repealed,
" " concerning proceedings in civil actions before,
" " to be appointed, powers defined, &c,
Triton Mutual Marine Insurance Company, incorporated, .
Trout Fishery in Marshpee River, for protection of,
Troy and Greenfield Railroad Corporation, to vary location of road,
" " " " " time for location extended,
" Indians, allowance to guardians of,
Truro, jurisdiction ceded to United States over land in,
" town of, authorized to construct a bridge,
Trust Estates, to facilitate the settlement of,
Trustees of Atkinson School Fund, incorporated, .
" " Charitable Fund in Lancaster, incorporated,
" " Donations for Education in Liberia, incorporated,
" " Hollis Institute, in Braintree, incorporated,
" " Methodist Episcopal Church in Pittsfield, to convey property,
" " Orthodox Congregational Society in Shirley, to sell real estate,
" " Richardson School Fund, in Attleborough, incorporated,
" " Sawtell School Fund, in Groton, to be elected annually,
" " School Funds, in Chicopee, incorporated,
476,
153
235
339
330
233
225
. 672
752
210
365
370
836
817
483
605
20
72
481
203
25
618
429
851
576
330
663
599
571
470, 475
402
26
INDEX.
Ivii
Trustees of State Reform School Fund, concerning their powers and duties,
" " the First Methodist Episcopal Church, in Chelsea, name established,
" " the Smith Charities, incorporated, ....
" Savings Banks, summoned as trustees, concerning,
Tudor, Henry J., to extend a wharf in Hull, ....
Tufts Institution of Learning, incorporated, ....
Turnpike Corporation, Braintree and Weymouth, to erect additional toll gates,
" Tenth Massachusetts, District Attorney for the Western District to com
mence process against, .....
Tuttle, Francis, on petition of, concerning potato rot,
" Thomas W., allowance to, . . . . . .
Tyringham, First Congregational Society in, name changed,
re 343
350
64
308
291
337
473
226
860
888
615
u.
Union Bank, in Boston, capital stock increased, ..... 365
" " Haverhill, established, ...... 109
" Bridge, in South Scituate and Marshfield, concerning, ... 79
" Mutual Marine Insurance Company, incorporated, .... 647
" Railroad Company, time for filing location extended, ... 46
" Sugar Works, incorporated, ........ 644
United German Brethren, in Boston, incorporated, ..... 620
" Interest Insurance Company, incorporated, .... 13
" " " " stock to be divided into shares of $50 each,
and time of paying in capital stock ex-
tended, ..... 288
" States Census of this State, concerning binding of, &c, . . . 861
" " Glass Company, incorporated, . . . . .13
" " jurisdiction over land in Barnstable, ceded to, 40
" " " " " in Hull, ceded to, .... 29
« " " " " in Nantucket, ceded to, 66
" " " " " in Truro, ceded to, . . . . 25
" " " " " on Palmer's Island and Wing's Neck, ceded to, 9
" " President of, providing for his reception, . . . 231, 523, 887
Universalist Home Missionary Society, Massachusetts, incorporated, . . 661
University at Cambridge, to change organization of Board of Overseers of, . 691
Useful Birds, concerning preservation of, ... . 98, 470
Uxbridge, First Evangelical Congregational Society in, in addition to act incorpo-
rating, ......... 650
V.
Vacancies in School Committees, concerning, .
" in Ward Offices, concerning, . ...
Valuation, Assessors to ascertain and report lists of ratable estates, &c,
" Committee, pay of, .
" " of 1850, for'pay of,
" pay of attendants upon, .
806
660
293, 327, 449
499
884
524
Ivin
INDEX.
Vattemare, Literary Exchanges, concerning, ..... Page 234
Vermont and Massachusetts Railroad Company, authorized to unite with the Brat-
tleboro' and Fitehburgh Rail-
road Company, and to increase
capital stock of former com-
pany,
concerning,
time for construction of road from
Greenfield to Fitchburg, ex-
tended,
Vessels, concerning mortgages of,
Vincent, Herman, allowance to, . . . .
Vineyard Sound, pilotage through to Nantucket, fees established,
Votes, returns of, for county commissioners, concerning,
w.
Walker, Daniel, pension allowed to,
Walnut Grove Cemetery, power to grant right of way, repealed,
Walnuts and Chestnuts, regulating measurement of,
Waltham and Newton Branch Railroad, time for location and construction ex
tended,
" " Watertown Branch Railroad Company, incorporated,
" " " " " in addition to act establishing
" town of, part of Newton set off to,
Ward and Company, Treasurer to issue duplicate sterling bonds to,
Warden of State Prison, to pay money to agent for discharged convicts,
Wardens and Vestry of Christ Church, in Boston, in addition to act of incorpo
ration, .......
Ward Offices, concerning vacancies in, ...
Wareham, town of, allowance for support of state paupers,
Warehouse Company, Boston, incorporated,
Ware River Railroad, incorporated, ....
" Savings Bank, incorporated, ....
Warren Bank, in Danvers, capital stock increased,
" Institution for Savings, relating to,
Warren, Nathaniel Merrill, name altered to, from that of Leathers,
Washington Mutual Life Insurance Company, incorporated,
" National Monument, concerning,
Watch in Cities and Towns, authorized to disperse assemblies of three or more,
Water Company, Stockbridge, incorporated,
" in addition to act to supply the city of Boston with, . . 119,
" in Salem and Danvers, in addition to act incorporating William Gray and
others, to bring, .....
Wayland and Natick, line established, ....
Ways, concerning the laying out of highways and other,
Webb, Benjamin, authorized to extend a wharf in Salem,
Webster, Lyman, allowance to, ....
806
422
42
660
225
342
817
311
779
572
36
482
502
394
682
486, 621
INDEX.
hx
Webster, selectmen of, allowance to, for support of an Indian,
Weighers of Anthracite Coal, providing for appointment of,
Weight of Clam Bait, regulated, ....
Weights, Measures and Balances, concerning, .
" " " " to be supplied to new towns, .
Weir, Fish, in Eastham, erection authorized,
Wellfleet, Lieutenant's Island in, act for protection of, repealed, .
Wequabsqua Fishing Company, incorporated,
West Bradford Meeting House, proprietors of, name changed,
" Congregational Church and Society in Dracut, name established,
" Dedham Branch Railroad Company, incorporated,
" Newbury, allowance of money to, for school fund,
" " Mutual Fire Insurance Company, act incorporating continued in
force,
" " Railroad Company, incorporated,
" Roxbury, incorporated,
" Springfield, general field in, north line altered,
Western Bank, capital stock increased,
" " in Springfield, incorporated,
" Railroad Corporation, relating to conveyances to and by the commission
ers of sinking fund of,
" " Sinking Fund, concerning,
Westfield Bank, incorporated, .
" town of, allowance for support of state paupers
" Water Power Company, incorporated,
Weymouth and Abington, allowance to,
" Sixth School District in, relating to fund of,
Wharf, Adams, Reuben A., to build, in Provincetown,
" " Samuel, to extend, in Beverly, .
" Allen, Ezra, to extend in Boston,
" Atwood, Payne G., to extend, in Wellfleet,
" Belcher, Joseph, heirs of, to extend, in East Boston,
" Boston Marine Railway Company, to extend, in Boston, .
" Bowly, Gideon, and Joshua E., to build in Provincetown,
" Brown, Andrew, Jr., to extend in Manchester, .
" Burnham, Parker, to extend and construct marine railway at Gloucester,
" Chase, Nathaniel, and others, to build, in Dennis, »
" " " 2d, to build, in Harwich,
" Colby, Gardner, to extend, in Boston, %
" Company, Atlantic, incorporated, ....
" " Boston, to extend, in Boston, ...»
" Cook, Stephen, to extend, in Provincetown, .
" Conwell, David, to build, in Provincetown,
" Corporation, South, to extend, in Boston,
" Corporations, South Cove and South Wharf, to extend in Boston,
" Crocker, Waterman, to build, in Provincetown, .
" Damon, John W., to extend, in Charlestown, »
" Darrow, Ira, to build, in Edgartown, .
Page 516
92
30
594
469
38
621
335
680
355
114
861
Ix
INDEX.
Wharf, Davis, W. F., to extend, in Gloucester, .
" De Ford, S. T., to extend, in Newburyport,
" Edmands, J. W., to extend, in Boston, .
" Fitz, Abel, and others, to extend, in Charlestown,
" Foster and Lovett, location confirmed, in Beverly,
" Gibson, John, to build, in Lynn,
" Higgins, Samuel, and associates, to rebuild and extend, in Wellfleet,
" Hingham, and Land Company to build a dam, mill, &c,
" Hobbs, Prentiss, to extend, in Boston, ....
" Holbrook, Thomas, 2d, to build, in Wellfleet,
" Humphrey, William, Jr., to extend, in Marblehead,
" Killey, Anthony, to build in Dennis, ....
" Kitfield, Thomas H., to repair and maintain, in Manchester,
" Lewis, Joshua, and Benjamin, to build in Provincetown, .
" Locke, Philip A., to build and extend, in Boston,
" Lockwood, Rhoades G., and others, to extend, in Charlestown, .
" Loveland, T. V., to build, in Chatham, ....
" Lovett & Foster, location confirmed, in Beverly,
" McKay, Donald, to extend, in East Boston,
" Morgan, John and Henry, to extend, in Beverly,
" Nickerson, Amasa, and others, to build in Harwich,
" " Jesse, to build, in Provincetown,
" " Joshua and Lewis, to build, in Provincetown,
" " Stephen, to build, in Provincetown, .
" Paine, Lot, to build, in Provincetown, ....
" Reed, Anthony, to build, in Dighton, ....
" Rogers, George H., to build, in Gloucester,
" Scudder, Frederick, and others, to build, in Hyannis,
" Small, Isaac, 2d, to build, in Provincetown,
" Smith, Joseph, to extend, in Boston, . ...
" Snow, Laban, Jr., to build, in Harwich,
" Sparks, Harvey, to build, in Provincetown,
" Sparrow, Thomas, to extend, in Chatham,
" Sturtevant, Noah, to extend, in East Boston,
" Taylor, Richard, and others, to build, in Chatham,
" Tirrell, Jesse, Jr., to extend, in Boston, .
" Tudor, Henry J., to extend, in Hull, ....
" Whorf, Thomas R., Jr., to build, in Provincetown,
" Wright, William, to build, in Boston, ....
Wharves, Barstow, W. C, to build and extend, in East Boston, .
" Howes, William, to build, in Dennis, ....
" in Boston Harbor, commissioners to define lines beyond which none
shall extend, ....
" " " " extension authorized,
" " Chelsea Creek, in harbor of Boston, limits of extension defined,
" Rogers, George H., to extend, in Gloucester, .
Whately, overseers of the poor in, allowance to,
Wheeler, Benjamin, and another, executors, to sell real estate,
Page 583
698
309
120
303
681
583
91
310
588
659
45
664
42
415
144
612
303
573
577
32
41
327
316
46
592
67
43
328
415
44
583
593
582
43
321
291
283
404
015
582
INDEX.
Ixi
Wheeler, Benjamin, authorized to sell real estate,
" William A., to lay down a railroad track in Worcester,
Wheelock, Martin, pension allowed to, .
Whorf, Thomas R., Jr., to build a wharf in Provincetown,
Widows' right to Real Estate, in certain cases, established,
Wier Bridge in Taunton, concerning, ....
Wilcox, Abraham, allowance to, ...
Wilder, Jonathan P., and others, to sell real estate,
Williams Market, incorporated, ....
Williamsburg and Whately, boundary line established, .
Williamstown, town of, allowance to, for support of state paupers,
Wills and Devises of Married Women, concerning,
Wills, &c, concerning the concealment of, .
Wilmington and Cambridge Railroad Company, incorporated,
" Branch Railroad Company, incorporated,
" to provide additional railroad accommodations for,
Winchendon, part of, annexed to Gardner,
Winchester, town of, incorporated, ....
Wingate, Harrison, and Samuel Poor, allowance to,
Wing's Neck, jurisdiction ceded to the United States over land in,
Winslow, Benjamin F., guardian of the Troy Indians, allowance to,
Winter, William D., guardian, to sell real estate,
Witnesses, in relation to the competency of members of mutual insurance
panies as, .....
" summoned by the General Court, pay established,
Woburn, fire department in, established,
Women, divorced, to resume their maiden names,
Wonson, John W., to establish a ferry at Gloucester Harbor,
Woodcocks or Snipes, not to be killed in August,
Wooden Buildings in Boston, regulating erection of,
Woodward, Daniel, pension allowed him,
Worcester Aqueduct Company, in addition to act incorporating, .
and Nashua Railroad Company, capital stock increased,
" Bank, capital stock increased,
" Children's Friend Society, incorporated, and act in addition,
" city of, in addition to act of incorporation,
" " " mayor and aldermen, to fix places for ward meetings,
" " " police court in, concerning compensation of justices of,
" " " streets and ways in, concerning,
" County Bank, incorporated, ....
" " " time for paying in capital stock extended,
" " Mechanics Association, incorporated,
" " office of assistant clerk of courts in, established,
" " West Agricultural Society, incorporated,
Gas Light Company, incorporated,
" Insurance Company, incorporated,
Worcester Mechanics Savings Bank, incorporated,
" Medical Institution, incorporated,
Page 862
497
198
283
49
843
859
509
186
198
224
403
93
734
427
675
753
441
878
9
203
200
com-
303
149
561
91
361
470
459
204
403
689
679
49, 590
397
10
150
396
116
332
319
425
772
301, 425, 653
85
638
17,356
lxii
INDEX.
Worcester Medical Institution, charter amended,
" Oread Institute in, incorporated,
" Police Court of, concerning,
Wordell, Holder, late guardian of the Troy Indians, allowance to,
World's Fair, for defraying expenses of forwarding articles to, .
Worthington, town of, allowance for support of state paupers,
W. ight, William, to build a wharf in Boston,
Writs of Error in Criminal Cases, relating to,
•
Page
814
577
•
763
781
203
861
214
,224,
520
404
602
Y.
Yarmouth and Dennis, towns of, to regulate fisheries in Bass River,
21
GENERAL AND SPECIAL
Sbtatutt*
OF
MASSACHUSETTS.
1849.
An Act in addition to " An Act to increase the Capital Stock of the People's CllCtT) \
Bank." -* '
BE it enacted by the Senate and House of Representa- 1334' ch! iss!
tives, in General Court assembled, and by the authority of 1S^> ch- 283-
the same, as follows : 1848^ ch. 125.
Sect. 1. The President, Directors and Company of People's Bank,
the People's Bank, in Roxbury, are hereby authorized to in Roxbury may
. . divide llicir a.«l-
divide the addition to their present capital stock, granted to ditional capital
them by the act of one thousand eight hundred and forty- stf°^c3o t0 shares
eight, chapter one hundred and twenty-five, into shares of 134s eh. 125.
fifty dollars each ; and the time within which the same Time for paying
shall be paid in, is hereby extended to the first Monday in m extendcd-
April next. '
Sect. 2. So much of the act above named, as is in- ms, ch. 125.
consistent with the provisions of this act, is hereby repealed. Modified-
[Approved by the Governor, January 24, 1849.]
An Act to incorporate the Columbian Fire and Marine Insurance Company. Chan 2
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same as follows :
Sect. 1. William Savage, Augustus Hemenway, and Corporators.
Joseph Day, their associates and successors, are hereby
made a corporation, for the term of twenty years, by the 20 years.
name of the Columbian Fire and Marine Insurance Com-
pany, to be established in the city of Boston, for the pur- In Boston,
pose of making maritime loans, and insurance against mar-
1849.-
-Chap. 2—4.
Powers and du- itime losses, and against losses by fire, with all the powers
iTs. ch. 37 44. an(^ privileges, and subject to all the duties, liabilities, and
restrictions, set forth in the thirty-seventh and forty-fourth
chapters of the Revised Statutes.
Sect. 2. Said company may hold real estate for its
use, not exceeding in value thirty thousand dollars ; and
its capital stock shall be two hundred thousand dollars.
[Approved by the Governor ; February 3, 1849.]
Real estate,
#30,000.
Capital stock,
#200,000.
Chap. 3.
1847, ch. 16.
Capital stock
may be increas-
ed, by adding
#100,000.
Shares #100.
Proviso, — when
to be paid in.
Liabilities, &c.
as in original
act.
Certificate,
that the addi-
tional stock is
paid in, to be
returned to the
oftice of secre-
tary of State.
An Act to increase the Capital Stock of the Bay State Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The President, Directors and Company of
the Bay State Bank, in Lawrence, are hereby aAithorized to
increase their present capital stock by an addition thereto
of one hundred thousand dollars, in shares of one hundred
dollars each, which shall be paid in such instalments as the
president and directors of said bank may determine ; pro-
vided, that the whole amount shall be paid in within one
year from the first Monday in April, one thousand eight
hundred and forty-nine.
Sect. 2. The additional stock aforesaid, when paid into
said bank, shall be subject to the like tax, regulations, re-
strictions, and provisions, to which the present capital stock
of said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do bu-
siness 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. [Approved by the Governor, Febru-
ary 6, 1849.]
Chap. 4.
1813, ch. 175.
1814, ch. 147.
1815, ch. 80.
1823, ch. 130.
1830, ch. 58.
1832, ch. 111.
Capital stock
may be increas-
ed, by adding
#50,000, in
shares of #100.
Proviso, as to
time of paying
in.
All Act to increase the Capital Stock of the Dedham 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 :
Sect. 1. The President, Directors and Company of the
Dedham Bank are hereby authorized to increase their cap-
ital stock, by an addition of fifty thousand dollars thereto,
in shares of one hundred dollars each, which shall be paid
in such instalments as the president and directors of said
bank may direct ; provided, that the whole amount shall be
paid on or before the first day of April, in the year of our
Lord one thousand eight hundred and fifty.
Sect. 2. The additional stock aforesaid shall be subie^t
1849. Chap. 4—7. 5
to the like tax, regulations, and provisions, to which the Liabilities, &c,
present capital of said bank is now subject. actm&c&mal
Sect. 3. Before said corporation shall proceed to do bu-
siness upon such additional capital, a certificate, signed by
the president and directors, and attested by the cashier, certificate that
under oath, that the same has been actually paid into said additional stock
bank, shall be returned into the office of the secretary of the rettirnecUo the6
Commonwealth. [Approved by the Governor, February 6, °ffice <jf secre-
1849.] ary ° tate'
An Act to restrain printing or circulating Shop-bills of the similitude of ChttlJ 5
Bank Bills. 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 :
If any person shall engrave, print, issue, utter, or circu- Penalty for en-
late, any shop-bill or advertisement, in similitude, form and fhop-blL re-
appearance, like a bank bill, on paper similar to paper used jumbling bank
for bank bills, and with vignettes, figures, or decorations,
used on bank bills, or having the general appearance of a
bank bill, every such person, so offending, shall forfeit a sum
not exceeding fifty dollars for every such offence, to be re- Fine or imPris-
onment.
covered by indictment, or he shall be imprisoned in the
common jail, for a term not exceeding ninety days, at the
discretion of the court. [Approved by the Governor, Feb-
ruary 6, 1849.]
An Act to increase the Capital Stock of the Ames Manufacturing Company. CIlCip. 6.
BE it enacted by the Senate and House of Representa-
lives, in General Court assembled, and by the authority of 1345' <,},.' 12'
the same, as follows :
The Ames Manufacturing Company are hereby empow- Additional cap-
ered to increase their capital stock, by an amount not ex- #50,000 '
ceeding fifty thousand dollars, and to invest such increase in ,, , .
IVlciy be invested
real and personal estate, necessary and convenient for carry- in real or Per-
ing on the business of said corporation. [Approved by the sonal estate-
Governor, February 8, 1849.]
An Act concerning the Essex Railroad Company. Chnti 7
BE it enacted by the Se?iate and House of Representa-
tives, in General Court assembled, and by the authority of IJJSS* «*• *!?■
1 84'7 ch 239
the same, as follows : isis' ch! 263.
Sect. 1. The Essex Railroad Company are hereby au- T .. .
., • t t i r-i i • /. ' 1 ■ •■> Location, when
thonzed and empowered to file a location of their railroad to be filed.
as specified and defined by their charter, and in the acts in
addition thereto, on or before the seventh day of March, in
the year one thousand eight hundred and fifty.
1849-
-Chap. 7—10
Time extended
to complete the
road.
Ma}- contract
with B. and M.
R. R. Corpora-
tion, for use of
tracks from An-
dover to Law-
rence.
Sect. 2. Said company is allowed the further time of
two years from the seventh day of March, in the year one
thousand eight hundred and forty-nine, within which to
complete the construction of their said railroad.
Sect. 3. Said company are hereby authorized and em-
powered to contract with the Boston and Maine Railroad
Corporation for the use of its tracks from North Andover
to Lawrence, upon such terms as shall be approved of by
the respective corporations.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, February 8, 1849]
An Act in addition to An Act to establish the Boston and Worcester Railroad
Corporation.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Prom and after the first Monday of June next, the annual
annTarmeethi^ meetmg °f tne Boston and Worcester Railroad Corporation
changed. * shall be held on the first Wednesday of February. [Ap-
proved by the Governor, February 8, 1849.]
Chap. 8.
1831, ch. 72.
1832, ch. 153.
1833, ch. 91.
1841, ch. 128.
1848, ch. 253.
Chap. 9.
Salaries, chief
justice, $2,300;
associates,
#2,100, each.
When to take
effect.
An Act establishing the Salaries of the Justices of the Court of Common
Pleas.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The chief justice of the court of common
pleas shall receive an annual salary of twenty-three hun-
dred dollars, and each of the other justices of said court
shall receive an annual salary of twenty-one hundred dol-
lars ; and the said salaries shall be paid in quarterly pay-
ments out of the treasury of the Commonwealth, and in
the same proportion for any part of a quarter.
Sect. 2. This act shall take elFect from and after the
first day of April, in the year one thousand eight hundred
and forty-nine. [Approved by the Governor, February 9,
1849.]
Chap. 10.
1848, ch. 223.
Time for filing
location ex-
tended.
An Act concerning the Salem and Lowell Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The time fixed for filing the location of the Salem and
Lowell Railroad is hereby extended one year beyond the
twenty-sixth day of April, in the year one thousand eight
hundred and forty-nine. [Approved by the Governor, Feb-
ruary 9, J 849.]
1849.» Chap. 11—18.
An Act to increase the Capital Stock of the Merrimack Manufacturing Com- Chap. 11.
pany, r'
BE it enacted by the Senate and House of Representa- Jg*> j*. 46.
tives, in General Court assembled, and by the authority of i82s| ch.' 5. '
the same, as follows :
The Merrimack Manufacturing Company are hereby au- Capital stock
thorized to increase their capital stock by adding thereto an ^"exceeding
amount not exceeding five hundred thousand dollars, and to #500;ooo.
invest such increase in personal estate as may be necessary How invested.
and convenient for carrying on the business of said corpo-
ration. [Approved by the Governor, February 9, 1849.]
An Act concerning the Taunton and Middleborough Railroad Company. Chap. 12.
BE it enacted by the Senate and House of Representa-
fives in General Court assembled, and by the authority of
the same, as follows :
The time for locating and constructing the Taunton and Time for loca-
Middleborough Railroad, is hereby extended one year from tended." ' ex
the period fixed in the act incorporating said company,
passed April the twenty-first, in the year one thousand
eight hundred and forty-eight. [Approved by the Governor,
February 9, 1849.]
An Act to incorporate the Town of South Scituate. Chap. 13.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. All that part of the town of Scituate, which Boundaries,
lies southwesterly of the following described line, namely ;
beginning at a stone monument, on the patent line between
the towns of Hingham and Scituate, on the Mount Blue
road, and thence running in a straight line to a point on the
westerly line of the highway, northerly of the dwelling-
house of Thomas Ellmes, and distant from the northeasterly
corner of the same, fifteen rods ; thence in a straight line to
the southwesterly corner of the town house lot ; then in a
right line to the central point, where the highway on the
northeasterly side of Cushing O. Briggs' dwelling-house in-
tersects the highway leading from the south parish meeting-
house, to the harbor ; and thence, in the same right line,
from the town house lot, as aforesaid, to a point on North
River, is hereby incorporated into a separate town, by the
name of South Scituate. And the said town of South Powers and du-
Scituate is hereby vested with all the powers, privileges, ties'
rights, and immunities, and shall be subject to all the
duties and requisitions, to which other towns are entitled
and subjected, by the Constitution and laws of this Com-
monwealth.
1849.
■Chap. 13.
Concerning tax-
es.
Debts.
Corporate prop-
erty.
Surplus reve-
nue.
Support of
paupers.
Scituate and
South Scituate
to elect repre-
sentatives, &c,
together until
next census.
Duty of select-
men in such
elections.
How meeting of
new town to be
called.
Sect. 2. The inhabitants of said town of South Scitu-
ate shall be holden to pay, to the collector of the town of
Scituate, all arrearages of taxes legally assessed on them, in
the said town of Scituate, before the passage of this act ;
and shall also be holden to pay their proportion of state and
county taxes, that may be assessed upon them previously to
the taking of the next valuation ; said proportion to be as-
certained and determined by the town valuation of the town
of Scituate, next preceding the passage of this act. And
the said town of South Scituate shall be holden to pay their
just and equitable proportion of the debts due, and owing,
from the town of Scituate ; and shall be entitled to receive
an equal share of all the corporate property, school, and
surplus revenue funds, and other assets, now owned and
held by said town of Scituate ; and shall be liable to refund
any portion of said surplus revenue which they shall re-
ceive, when the same is called for, according to the provis-
ions of law.
Sect. 3. Said towns of Scituate and South Scituate
shall be respectively liable for the support of all persons
who now do, or shall hereafter, stand in need of relief as
paupers, whose settlement was gained by, or derived from,
a settlement gained or derived within their respective limits.
Sect. 4. Said town of South Scituate shall continue to
be a part of the town of Scituate, for the purpose of electing
representatives to the General Court, State officers, senators,
representative to Congress, and electors of president and vice
president of the United States, until the next decennial
census shall be taken, in pursuance of the thirteenth article
of amendment of the Constitution ; and all meetings for the
choice of said officers shall be called by the selectmen of
Scituate, and shall be holden in the town of Scituate. The
selectmen of South Scituate shall make a true list of per-
sons, within their town, qualified to vote at every such
election, and shall post up the same in said town of South
Scituate, and shall correct the same, as required by law, and
shall deliver the same to the selectmen of Scituate before
any such election, by whom the same shall be taken and
used, in the same manner as if it had been prepared by
themselves.
Sect. 5. Any justice of the peace for the county of
Plymouth may issue his warrant, directed to any principal
inhabitant of said town of South Scituate, requiring him to
notify and warn the inhabitants thereof, qualified to vote in
town affairs, to meet at the time and place therein appoint-
ed, for the purpose of choosing all such town officers as
towns are, by law, authorized and required to choose at
1849. Chap. 13—14. 9
their annual meetings. And said warrant shall be served
by posting up copies thereof, all attested by the person to
whom the same is directed, in four public places in said
town, seven days, at least, before the time of meeting. The
selectmen of Scituate shall, before said meeting, prepare a
list of voters in said town of South Scituate, qualified to
vote at said meeting, and shall deliver the same to the per-
son presiding at said meeting, before the choice of a mod-
erator thereof.
Sect. 6. In case said towns should not agree in respect The two towns
to a division of property, funds, debts, or town paupers, or °0°dmstonDffaS
state or county taxes, the court of common pleas for the property, how
county of Plymouth shall, upon petition of either town, t0 pro
appoint three competent and disinterested persons to hear
the parties, and award thereon ; and their award, or that of
any two of them, accepted by the court, shall be final.
Sect. 7. This act shall take effect from and after its
passage. [Approved by the Governor, February 14, 1849.]
An Act ceding to the United States Jurisdiction over a lot of land on Palm- flhyy^ 1 A
er's Island, in the Harbor of New Bedford, and over a lot of land on K^'ulP- -L^:•
Wing's Neck, in the town of Sandwich.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same as follows :
Sect. 1. Jurisdiction is hereby ceded and granted to the Jurisdiction
United States of America, over a lot of land, not exceeding Hothouse*
two acres, on such part of Palmer's Island, in the harbor of
New Bedford, as has been selected by the competent au-
thorities of the said United States, for the erection of a
lighthouse, and for other lighthouse purposes : And also, Same,
over a lot of land, not exceeding six acres, on Wing's Neck,
in the town of Sandwich, on Buzzard's Bay, which lot also
has been selected by the aforesaid authorities, for the erec-
tion of a lighthouse, and for other lighthouse purposes :
provided, that this Commonwealth shall retain, and does Proviso.
hereby retain, concurrent jurisdiction, with the United
States, in and over each and both of said lots of land, so far
that all civil and criminal processes issued under the au-
thority of this Commonwealth, or any officer thereof, may Concurrent ju-
be executed on any part of said lots of land, or in any build- ns 1C lon'
ing which may be erected thereon, in the same way and
manner as if jurisdiction had not been granted as aforesaid.
Sect. 2. This act shall be void unless suitable plans of Condition of this
said several parcels of land, mentioned in the first section, act'
shall be made and filed by the United States, in the office
2
10 1849. Chap. 14—17.
of the secretary of this Commonwealth, within one year
from the passing of this act.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Govertior, February 14, 1849.]
Chart 1 ^ ^n "*-CT t0 mcorPorate the Cordaville 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- Sect. 1. Oliver S. Sanford, Milton H. Sanford, Thomas
porated. g Nelson, their associates and successors, are hereby made
To manufacture a corporation, by the name of the Cordaville Manufacturing
wwkVgoods in Company, for the purpose of manufacturing cotton and
Southboro'. woolen goods, in the town of Southborough, with all the
Powers and du- powers and privileges, and subject to all the duties, restric-
ti|s; R- s- ch- tions, and liabilities, set forth in the the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
Real Estate. Sect. 2. Said corporation, for the purposes aforesaid,
may hold real estate not exceeding in value sixty thousand
Capital stock, dollars, and the whole capital stock shall not exceed one
ff 1 £0 000 i
® ' hundred and twenty thousand dollars. [Approved by the
Governor, February 14, 1849.]
Qha/n 16 -^n -^CT m addition to " An Act to establish the City of Worcester."
BE it enacted by the Senate and House of Represeuta-
8 >c • ' tives, in General Court assembled, and by the authority of
the same, as follows :
Power of mayor Sect. 1. The mayor and aldermen of the city of
fixlfaceTfoT t0 Worcester are authorized, when no convenient ward room
ward meetings for holding ward meetings of the citizens of either of the
wards. '"" S ° wards of the city can be had within the territorial limits of
such ward, to appoint and direct, in the warrants for calling
the ward meetings of such wards, the said meetings to be
held in some convenient and proximate place within the
limits of any other of the wards of said city ; and, for
such purposes, the place so assigned for the meeting of such
ward shall be deemed and taken to be included in and part
of said ward, as though the same was within the territorial
limits thereof.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, February 14, 1849.]
Chat) 17 An Act to incorporate the Lawrence Gas Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- Sect. 1. Charles S. Storrow, Samuel Lawrence, Wil-
porated.
1849. Chap. 17—18. 11
liam Gray, their associates and successors, are hereby made
a corporation, by the name of the Lawrence Gas Company,
for the purpose of manufacturing and selling gas in the To manufacture
town of Lawrence, county of Essex, with all the powers fj£c™ aw"
and privileges, and subject to all the duties, restrictions, Powers and du-
and liabilities, set forth in the thirty-eighth and forty-fourth ^esg ch 38 u
chapters of the Revised Statutes.
Sect. 2. Said corporation may hold such real and per- Real and per-
sonal estate as maybe necessary and convenient for the to exceed en°
purpose aforesaid, not exceeding in value the sum of one #100,000.
hundred thousand dollars.
Sect. 3. Said corporation, with the consent of the se- Powers,
lectmen of said town of Lawrence, shall have power and
authority to open the ground in any part of the streets,
lanes, and highways, in said town, for the purpose of sink-
ing and repairing such pipes and conductors, as it may be
necessary to sink for the purpose aforesaid ; and the said Duties,
corporation, after opening the ground in said streets, lanes,
or highways, shall be held to put the same again into re-
pair, under the penalty of being prosecuted for a nuisance : Penalty.
provided, that the said selectmen for the time being shall, Proviso, as to
at all times, have the power to regulate, restrict, and con- uTeTeTectmen.0
trol 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,
February 14, 1849.]
An Act concerning the Fitchburg and Worcester Railroad. Chttp. 18.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of 1847^ ch. 101.
the same, as follows : I848;ch.34.
Sect. 1. The time for the filing of the location and Time for locat-
the completion of the Fitchburg and Worcester Railroad, pitting ex°end-
is hereby extended to the first day of May, in the year one ed-
thousand eight hundred and fifty.
Sect. 2. The Fitchburg and Worcester Railroad Com- How the com-
pany are hereby authorized, and fully empowered, to unite pose of the
their railroad and franchise with, or sell and convey the ^at terms"1
same to, the Worcester and Nashua Railroad Company, the
Vermont and Massachusetts Railroad Company, the Fitch-
burg Railroad Company, or the Cheshire Railroad Com-
pany, on such terms and conditions as the directors of
the contracting companies may agree upon, subject to the
approval of a majority of the stockholders, in number and
value, of each of the contracting companies, who shall be
present and vote thereon, at legal meetings called for that
purpose.
12
1849.
-Chap. 18—20.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, February 14, 1849.]
Chdp. 19. An Act giving further Time to the President, Directors, and Company, of
the Middlesex Bank, to close their concerns.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, arid by the authority of
the same, as follows :
The President, Directors, and Company of the Middlesex
Bank are hereby continued a body corporate, for the period
of one year from the fourth day of April, in the year one
thousand eight hundred and forty-nine, with all the pow-
ers and privileges, and subject to the limitations set forth
R. s. ch. 44, § 7. in the seventh section of the forty-fourth chapter of the
Revised Statutes. [Approved by the Governor, February
14, 1849.]
1830, ch. 141.
1847, ch. 6.
Time extended
to April 4, 1850
Ghat) 20 -^n ^■CT t0 contmue m force the Acts incorporating the Neptune Insurance
"' Company in the city of Boston, and to authorize an increase of its Capital
Stock.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The act passed on the fifth day of June, in
the year one thousand eight hundred and thirty, entitled,
" An Act to incorporate the Charlestown Fire and Marine
Insurance Company," and the act in alteration and amend-
ment thereof, passed on the fifteenth day of June, in the
year one thousand eight hundred and thirty-one, shall be
and remain in force for the term of twenty years from and
after the fifth day of June, in the year one thousand eight
hundred and fifty ; and said company shall be continued as
a corporation, with all the powers and privileges, and sub-
ject to all the duties, restrictions, and liabilities, set forth in
the thirty-seventh and forty-fourth chapters of the Revised
Statutes, and all other general laws which have been or
shall be hereafter passed relative to insurance companies.
Sect. 2. Said corporation is hereby authorized to in-
crease its capital stock by an addition thereto of a sum not
exceeding two hundred thousand dollars, to be divided into
shares of one hundred dollars each, to be collected and paid
in such instalments, and under such provisions and penal-
ties, as the president and directors of said corporation may
appoint : provided, that such increase of its capital stock
shall be made and paid in within two years from and after
the fifth day of June, in the year one thousand eight hun-
dred and fifty. [Approved' by the Governor, February 16,
1849.]
1830, ch. 8.
1831, ch. 25.
Continued 20
years to 5th
June, 1870.
Powers and
duties.
R. S. ch. 37, 44,
and subsequent
statutes.
Capital stock
increased.
Shares #100.
Proviso, as to
time of paying
1849. Chap. 21—22. 13
An Act to incorporate the United Interest Insurance Company in Boston. ChttV 21
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. William Parker, Calvin W. Haven, Amos Persons incor-
Cummings, their associates and successors, are hereby made Porate •
a corporation, by the name of the United Interest Insur-
ance Company, for the purpose of making insurance against Fire insurance,
losses by fire, with all the rights and privileges, and subject Powers and
to all the duties, liabilities, and restrictions, set forth in the
thirty-seventh and forty-fourth chapters of the Revised R. s. eh. 37, 44,
Statutes, and of all other general laws which have been or ^tttes.SeqUent
shall be, hereafter passed, relative to insurance companies.
Sect. 2. The said corporation may take and hold real Peal and per-
j i,,r,i j?-j *77 sonal estate.
and personal estate tor the use oi said company : provided. „ .
■*- - l. J J. * JrTOVlSC
that the real estate shall not exceed, in value, ten thousand
dollars, excepting such as may be taken for debt or held as
collateral security for money due to said company.
Sect. 3. The capital stock of said corporation shall be Capital stock,
St 100 000
one hundred thousand dollars, and shall be divided into Shares, poo
shares of one hundred dollars each, and shall be collected each-
and paid in by such instalments as the president, directors,
and company, shall order and appoint : provided, that the Proviso as to
whole shall be paid within one year from the passing of ;„. Pa^in&
this act, and that their place of business shall be located
and kept south of Bedford Street. [Approved by the Gov-
ernor, February 16, 1849.]
An Act to incorporate the United States Glass Compauy. ChcfrD, 22
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Jabez Swift, Aaron Cornish, William Nye, Persons incor-
junior, their associates and successors, are hereby made a por
corporation, by the name of the United States Glass Com-
pany, for the purpose of manufacturing glass ware in the Formanufactur-
town of Falmouth, county of Barnstable, with all the pow- Falmouth.3*'
ers and privileges, and subject to all the duties, restrictions, Powers and du-
and liabilities, set forth in the thirty-eighth and forty-fourth R. s. ch. 38, 44.
chapters of the Revised Statutes.
Sect. 2. Said corporation may hold real and personal Estate not to ex-
estate, necessary and convenient for the purpose aforesaid, "ale
not exceeding in value twenty-five thousand dollars. [Ap-
proved by the Governor, February 16, 1849.]
14
1849.
•Chap. 23—24.
Chap. 23.
Persons incor-
porated.
For a lyceum,
library, &c.
Powers and du-
ties.
R. S. ch. 44.
Real and per-
sonal estate.
Capital stock,
#50,000.
An Act to incorporate the Cambridge Atheneum.
BE it enated by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Robert Fuller, Thomas Whittemore, Charles
Valentine, their associates and successors, are hereby made a
corporation, by the name of the Cambridge Atheneum, for the
purpose of establishing and maintaining, in the city of Cam-
bridge, in the county of Middlesex, a lyceum, public library,
reading room, lectures on scientific and literary subjects,
and for promoting such other kindred objects as the mem-
bers of said corporation shall, from time to time, deem ad-
visable and proper, with all the powers and privileges, and
subject to all the duties, liabilities and restrictions, set forth
in the forty-fourth chapter of the Revised Statutes.
Sect. 2. The said corporation may hold, for the pur-
poses aforesaid, real estate to the amount of thirty thousand
dollars, and personal estate to the amount of twenty thou-
sand dollars, and the whole capital stock of said corpora-
tion shall not exceed the sum of fifty thousand dollars.
[Approved by the Governor, February 19, 1849.]
Chap. 24.
Authorizing the
construction
and protection
of sidewalks.
Penalty for
riding, &c,
upon sidewalks.
Authority of
surveyors not
affected.
An Act to protect Sidewalks in Towns.
BE it enacted by the Senate and House of Represe?ita~
fives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. It shall be lawful for any person owning or
occupying lands adjoining a highway or road, to construct
a sidewalk within such highway or road, and along the line
of such land, indicating the width of such sidewalk by
trees, posts or curbstones, set at reasonable distances apart,
or by a railing erected thereto ; and, where a sidewalk shall
be so constructed, every person who shall ride or drive a
horse or team upon and along the same, shall forfeit the
sum of one dollar to the use of such owner or occupant, to
be sued for in any court proper to try the same.
Sect. 2. This act shall not diminish or interfere with
the authority of surveyors of highways, or any other au-
thority that can be now legally exercised over highways or
roads, nor shall it in any manner diminish the liability of
any person for unreasonably obstructing highways or roads.
Sect. 3. This act shall not apply to cities. [Approved
by the Governor, February 22, 1849.]
1849. Chap. 25—26. 15
An Act to incorporate the Nautilus Life Preserving Company. Chan 25
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. William Aspinwall, John William Hyde Ben- Persons incor-
net, John G. Tappan, their associates and successors, are pora e
hereby made a corporation, by the name of the Nautilus
Life Preserving Company, for the purpose of manufacturing To manufacture
life preservers, life buoys, tubes for lifting vessels in the buoyT&cTIn
water, and any other buoyant tubes, in the counties of Nor- Suffolk and
folk and Suffolk, or either of them, with all the powers and or ° '
privileges, and subject to all the duties, liabilities and re- Powers and du-
strictions, set forth in the thirty-eighth and forty-fourth r. s. ch. 38, 44.
chapters of the Revised Statutes.
Sect. 2. Said corporation may hold, for the purpose Peal estate.
aforesaid, real estate not exceeding in value one hundred
thousand dollars, and their whole capital stock shall not ex- a^oco0"*
ceed two hundred thousand dollars.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, February 24, 1849.]
An Act concerning the Boston and Lowell Railroad. Chan. 26.
BE it enacted by the Senate and House of Representa- i830 cu 4.
fives, in General Court assembled, and by the authority of 1847, ch. 185,
the same, as follows :
Sect. 1. The Boston and Lowell Railroad Corporation Corporation
are hereby authorized to locate, construct, and maintain a b^'nc^raiiroad
branch railroad in Lowell, beginning at the point where ™ Lowell.
their main railroad track crosses Thorndike street ; thence, Route,
diverging by a curve from said main railroad, in a westerly
direction, and crossing the Pawtucket Canal, by a bridge
between the present bridge of said main railroad, and that
which connects Thorndike street and Fletcher street ;
thence, crossing the tracks of the Nashua and Lowell Rail-
road, and Dutton street, at grade ; and thence, proceeding
to a lot of land situated and bounding on the westerly side
of said Dutton street, and between said Fletcher street and
the Western Canal.
Sect. 2. The said corporation are hereby authorized to May widen
widen their present bridge across Charles River, on the east chaH^River
side thereof, between the existing pier, upon which the
draw now slides, and the solid ground lying southeast of
the same, and opposite the southerly end of the said bridge :
provided, the structure, erected for the purpose of widening Proviso.
said bridge, shall not exceed twenty-two feet in width at
said draw pier, and thirty-seven feet in width at said solid
ground : and provided further, that said addition or widen- Proviso.
16 1849. Chap. 26—27.
ing shall be built on piles, and in a manner least to obstruct
the flow of the water, and under the direction, and to the
satisfaction, of a commissioner, to be appointed by the gov-
ernor and council, at the expense of said company.
Powers and du- Sect. 3. The said corporation shall, with respect to
the branch aforesaid, in Lowell, hereby authorized, be sub-
ject to all the duties, liabilities, and restrictions, and shall
R. s. ch. 39, have all the powers and privileges, provided in the thirty-
statutes.sequen ninth chapter of the Revised Statutes, and all general laws
which are now, or may hereafter be, in force, relating to
railroad corporations in this Commonwealth, and any special
acts which may be hereafter passed relating to said branch.
Lowell to b« Sect. 4. The said railroad corporation shall indemnify
indemnified. t^e cjty 0f Lowell against all loss or damage which they
may suffer or incur, or which may be recovered against the
said city, by reason of the said branch crossing Dutton
street.
Motive power. Sect. 5. The motive power to be used by the said rail-
road corporation, upon the said branch, and the rate of
speed thereon, may be regulated and controlled by any
ordinance of the city of Lowell.
Not to interfere Sect. 6. The said railroad corporation, in the construc-
CanaiPawtUcket ^on °f sa^ branch road, shall not, in any manner, obstruct
the Pawtucket Canal, or the tow-path by the side of the
same.
Sect. 7. This act shall take effect from and after its
passage. [Approved by the Governor, March 2, 1849.]
Chat). 27 ^n "*CT 'n Edition to "An Act to establish the City of Charlestown."
BE it enacted by the Senate and House of Revresenta-
258. ' ' ' tives, in General Court assembled, and by the authority of
the same, as follows :
Time of election Sect. 1. The election of mayor, aldermen, common
changed. councilmen, school committee, and overseers of the poor,
and such other officers of the city of Charlestown as are
now, by law, to be chosen on the second Monday in March,
annually, shall, after the present year, be made on the sec-
ond Monday in December, annually ; and the said officers,
so chosen, shall hold their respective offices for the same
term of time, and the same proceedings shall be had, in re-
lation to such elections, as is provided in and by the act to
which this act is in addition ; and the officers chosen for
the municipal year commencing with the first Monday of
April, for the present year, shall hold their offices until the
first Monday of January ensuing.
Officers chosen, Sect. 2. The officers chosen under and by virtue of
on their duties, this act, shall enter on the duties of their respective offices
1849. Chap. 27—28. 17
on the first Monday in January, in each year, and shall be
liable to all the duties and restrictions, and shall exercise
all the powers, to which the said officers are respectively
subject or entitled, under and by virtue of the act to which
this is an addition.
Sect. 3. On the second Monday in December, annu- Annual eiec-
ally, the qualified voters, in each ward, shall give in their t,ons'
votes for mayor, aldermen, common councilmen, school
committee, overseers of the poor, warden, clerk, and inspec-
tors, as provided in the act to which this is an addition, as
amended by the act to amend the same, passed on the
twenty-fourth day of April, in the year eighteen hundred 1847, ch. 258.
and forty-seven.
Sect. 4. This act shall be void, unless the citizens of This act to be
Charlestown, at the meetings of their several wards, duly adopted by vote
warned, by public notice of at least fourteen days, by the of the citizens of
mayor and aldermen, shall, within sixty days from the ,arestown*
passing hereof, by written votes, accept the same ; at
which meetings, the polls shall be kept open not less than
six hours, and the wardens shall not receive any vote, un-
less the name of the voter shall be first found, and checked
on the check lists, by the inspectors, as provided in elec-
tions of State and city officers.
Sect. 5. All the provisions of former acts, so far as they Repeal,
are inconsistent with the provisions of this act, are hereby
repealed.
Sect. 6. This act shall take effect from and after its
passage. [Approved by the Governor, March 7, 1849.]
An Act to incorporate the Worcester Medical Institution. QhcLX) 28
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Calvin Newton, Walter Burnham, and Isaac Persons incor-
M. Comings, their associates and successors, are hereby Porated-
made a corporation, by the name of the Worcester Medical As a medical
Institution, to be established in the city of Worcester, in \y0rces°term
the county of Worcester : with all the powers and privileg- Powers and du-
es, and subject to all the duties, restrictions, and liabil- ^es-
ities, set forth in the forty-fourth chapter of the Revised
Statutes ; provided, that nothing in this act shall be con- Proviso, as to
sidered as authorizing the said corporation to confer degrees de&rees-
or grant licenses to practice medicine.
Sect. 2. The said corporation may hold real and per- Real and per-
sonal estate to the amount of one hundred thousand dollars, SS^ oooin'
to be devoted exclusively to the purposes of medical educa- value'.
tion. [Approved by the Governor, March 10, 1849.]
3
18 1849. Chap. 29—31.
Chap. 29. -^n -^CT ^or l^e Protection of Pigeon Beds.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Penalty for kill- Sect. 1. If any person shall wilfully commit any tres-
ingp^ge^1611" Pass' ky killing or frightening pigeons from beds, made for
from beds. the purpose of taking them in nets, by firing guns, or in
any other manner, within one hundred rods of the same,
except on lands lawfully occupied by himself, he shall be
punished by imprisonment in the county jail not more than
thirty days, or by fine not exceeding twenty dollars, and
shall also be liable for the actual damages to the owner or
occupant of such beds.
Repeal. Sect. 2. The " act for the protection of pigeon beds,"
passed March thirty-first, one thousand eight hundred and
forty-eight, is hereby repealed.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 13, 1849.]
Chap. 30. -^n -^CT establishing an Annual Term of the Court of Probate, at Pawtucket,
" in the County of Bristol.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, arid by the authority of
the same, as follows :
Probate court at Sect. 1. A probate court shall be held every year, at
TuditUCinetAarii Pawtucket, in the county of Bristol, on the Friday next
after the first Tuesday of April.
Repeal as to Sect. 2. So much of the fifty-fifth section of the eighty-
Rgs.l<ch'. 83 third chapter of the Revised Statutes, as requires a probate
§55. court to be annually held on the day aforesaid, at Dighton,
Adfl a,?t>,1R in said county, is hereby repealed.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 13, 1849.]
Chap. 31. -^n Act concerning Appeals to the Municipal Court in the County of Suffolk.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Appeal allowed Sect. 1. Every person convicted in the county of Suf-
the'peace^r0' f°lk, before any justice of the peace, or any police court,
police court. may appeal therefrom to the municipal court of the city of
Boston ; and the appeal shall be entered at the next term
of the said municipal court, and shall be conducted and dis-
posed of, in all respects, like appeals in criminal cases, from
justices of the peace to the court of common pleas in other
counties.
R. s. 87 ch., Sect. 2. The eighth section of the eighty-seventh chap-
8th sec. repeal- ter 0f ^g Revised Statutes, is hereby repealed.
1849. Chap. 31—33. 19
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 13, 1849.]
An Act concerning Stockholders in Banks. Chan. 32.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. The holders of stock in any bank, at the time stockholders in
when such bank shall stop payment, shall be liable, in their paymentjiab^
individual capacities, for the payment and redemption of all individually,
bills which may have been issued by such bank, and which
shall remain unpaid, in proportion to the stock they may
respectively hold at the time aforesaid.
Sect. 2. If any stockholder in a bank, having reasona- Transfer of
ble cause to believe that such bank is about to stop pay- ^e void"0
ment, shall transfer his shares, or any part thereof, to any
person or corporation, with intent to escape from the liabil-
ity created by the preceding section, such transfer shall be
deemed void, and of no effect, so far as respects the liabil-
ity aforesaid.
Sect. 3. If a stockholder in any bank, having reasona- Transfer also
ble cause to believe such bank to be insolvent, shall, within ^°{h[n' s^a e
six months before the expiration of the charter of said bank, months of expi-
transfer his shares, or any part thereof, with intent to avoid tCr, in certain
the liability created by the thirty-first section of the thirty- cases-
sixth chapter of the Revised Statutes, such transfer shall be
deemed void, and of no effect, so far as respects said liabil-
ity. [Approved by the Governor, March 13, 1849.]
An Act to incorporate the Boston Musical Fund Society. Chap. 33.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Thomas Comer, Shadrack S. Pearce, and Corporators.
Joseph N. Pierce, their associates and successors, are hereby
made a corporation, by the name of the Boston Musical
Fund Societv, for the advancement of the science and For advancing
_ J ' . , . ii-i c I-. r j musical science,
practice of music, and the establishment ot a charity tuna and a charity
for the benefit of indigent members of the society, their fund-
widows and children ; and, for these purposes, shall have all
the powers and privileges, and be subject to all the duties, t^°sWRS|ncdhdu"
restrictions, and liabilities, set forth in the forty-fourth 44.'
chapter of the Revised Statutes.
Sect. 2. Said corporation may hold, for the purposes *?™%$ estate'
aforesaid, personal estate to the amount of twenty thousand
dollars.
Sect. 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 16, 1849.]
20
1849.
-Chap. 34—36.
Chap. 34.
Stat. 1848, ch.
313, sect. 7, re-
pealed as to pas-
sengers not
bonded.
An Act concerning Alien Passengers.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1 So much of the seventh section of an act passed
the tenth day of May, in the year one thousand eight hun-
dred and forty-eight, entitled " An Act concerning Alien
Passengers," as relates to alien passengers not bonded, is
hereby repealed.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, March 16, 1849.]
Chap. 35.
Location of
bridge de-
scribed.
Proviso as to
draw, &c.
An Act empowering the County Commissioners of Barnstable County to lay
out a Highway, and cause to be built a Bridge across Navigable Waters in
Dennis.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The county commissioners of Barnstable County are
hereby empowered, if, in their opinion, public convenience
and necessity require the same, to lay out a highway and
cause to be built a bridge across navigable waters leading
from Bass River to Grand Cove, in the town of Dennis,
near the westerly end of Long Neck, to a point near the
dwelling-house of Francis Small : provided, the same be
constructed with a suitable draw for the accommodation of
such vessels as may have occasion to pass the same, and the
space between the abutments be not less than twenty-two
feet. [Approved by the Governor, March 16, 1849.]
Chap. 36.
Trout not to be
taken between
Sept. 15th and
April 1st.
Who may take
trout.
District of
Marshpee may
An Act to protect the Trout Fishery in Marshpee 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 :
Sect. 1. No person shall take any trout in Marshpee
River, in the district of Marshpee, in the county of Barnsta-
ble, from the fifteenth day of September in each year, to
the first day of April in the year next ensuing.
Sect. 2. No person, except the proprietors of said dis-
trict, shall take any trout in said river, at any time, without
a written permit from the treasurer of Marshpee, which shall
specify the time when, and the places where, the person
holding the same is allowed to take fish ; and no person
shall, at any time, use any other means of taking trout in
said river, than by angling with hooks and lines.
Sect. 3. The said district may, by vote in legal meet-
ing, make any regulations or by-laws respecting said fishery,
1849. Chap. 36—37. 21
which may not be repugnant to the provisions of this act ; makc by-law?
and the income from said fishery shall enure wholly to said fishery/^
district.
Sect. 4. Any person offending against the provisions of Penalty for of-
, . ' r , ii ii i- fending against
this act, or any regulations or by-laws passed by authority this act.
of the third section of this act, shall forfeit and pay a fine
of five dollars for each and every offence, to be recovered
by prosecution before any justice of the peace in the county
of Barnstable, to the benefit of said district ; and the pro-
prietors of said district shall be competent witnesses on the
trial of any such process.
Sect. 5. Any person who shall have in his possession Penalty for hav-
any trout, taken from said river contrary to the provisions ^fsionUcontrary
of this act, knowing the same to have been so taken, shall to this act.
forfeit the sum of fifty cents, for every trout so found in his
possession.
Sect. 6. If any minor shall offend against the provisions Penalty where
of this act, the parent, master, or guardian of such minor, minor ° en s"
shall be liable, and may be prosecuted accordingly therefor.
Sect. 7. All prosecutions under this act shall be com- Limitation of
menced within sixty days from the time when the offence Prosecutlon-
is committed.
Sect. 8. This act shall take effect from and after its
passage. [Approved by the Governor, March 16, 1849.]
An Act to authorize the Towns of Dennis and Yarmouth to regulate the Chap. 37.
Fisheries in Bass River.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The towns of Dennis and Yarmouth, in the Dennis and
county of Barnstable, are hereby authorized and empowered, ehoose a fis™^
at any legal meeting of the inhabitants of said towns, to committee,
choose three persons in each town for a fish committee,
who shall be inhabitants of the town for which they shall
be chosen, and who shall be sworn to the faithful perform- To be sworn,
ance of their duty. The said committees shall meet to- When to meet,
gether, annually, on or before the twentieth day of April, at
such time and place as a majority of them may appoint ;
and, when so united, shall be considered a joint committee
for enforcing the provisions of this act ; the major part of
this joint committee, present at such meeting, or at any
subsequent meeting, before the said twentieth day of April,
in each year, are hereby authorized and empowered to order
the time, place, and manner, in which it may be lawful to To regulate the
take any of the fish called herrings or alewives, and perch, ^ver. "
in Bass River, or in the ponds and streams connected there-
22
1849.-
-Chap. 377
Sale of exclu-
sive right to fish.
If one town neg-
lect to choose.
Powers of com-
mittee as to ob-
structions.
Penalty for in-
terfering with
the committee.
Penalty for
taking fish con-
trary to regula-
tions of commit-
tee.
with, and may prescribe the length of the seines, nets, and
other instruments, which may be used for taking such fish,
together with the length of the lines attached thereunto,
and may appoint and grant permits to suitable persons,
being inhabitants of one of said towns, to catch any of the
said fish in the said river, or in the ponds and streams con-
nected therewith, and fix the compensation to be paid to
the said towns for such permits, and shall determine the
quantity of said fish which each family in said towns shall re-
ceive from such catchers, and establish the price therefor ; and,
when directed by a vote of both the said towns, may sell at
auction, or otherwise, the exclusive right of fishing in said
river and its waters, to one or more persons for a term of
time not longer than one fishing season, at one sale, upon
such terms and conditions as the said towns, or said joint
committee, may direct.
Sect. 2. If either of the said towns of Dennis or Yar-
mouth shall have chosen its fish committee, according to
the provisions of this act, and the other town shall neglect
or refuse so to do, then the committee, which is lawfully
chosen, shall have all the power and authority which is in-
tended by this act to be conferred on the said joint committee.
Sect. 3. The said committee, or a majority of them, are
hereby fully authorized and empowered to cause the natural
streams, through which the said fish pass, to be kept open and
without obstruction ; to remove such obstructions as may
be found therein, and to make the said passage-ways wider
and deeper, if they shall judge necessary ; and the said
committee, or either of them, by paying a reasonable con-
sideration therefor, if demanded, shall have authority, for
these purposes, to go on the land or meadow of any person
through which the said streams run, without being consid-
ered as trespassers ; and any person or persons, who shall
molest, or in any way hinder, the said committee, or either
of them, in the execution of the duties of their office, or
shall obstruct any passage-way in the said Bass River, or in
the ponds and streams connected therewith, otherwise than
may be allowed by the said committee, shall forfeit and pay
a fine not exceeding twenty dollars for every such offence.
Sect. 4. If any person, or persons, shall take any of the
said fish called alewives, herrings, or perch, in the said Bass
River, or in the ponds and streams connected therewith, or
within half a mile, in any direction, from the mouth of said
river, at any time or place, or in any manner, other than
may be allowed by the said committee, each person, so
Cjffending, shall, for each and every such offence, upon con-
viction thereof, forfeit and pay a fine not exceeding ten
1849. Chap. 37—38. 23
dollars, if the quantity of fish, so taken, shall be less than
one barrel ; but, if the quantity of fish, so taken, shall be
one barrel or more, such person, or persons, so offending,
shall forfeit and pay, for every barrel of fish, so taken, a sum
not more than twenty dollars nor less than ten dollars.
Sect. 5. If any vessel, boat, or craft, shall be found in what cases
within the limits of the said river, or the ponds or streams craft, &c° may
connected therewith, or within half a mile of the said river's be seized,
mouth, with any more of the said fish on board the same
than is allowed by said committee, or if any person, or per-
sons, with any such vessel, boat, or craft, shall be detected
in taking, or in attempting to take, any of the said fish, in
any manner different from the regulations of said committee,
or with seines, nets, or other instruments, of a kind or size
different from that established by the said committee, it
shall be the duty of such committee, or either one of them,
and they are hereby authorized to seize such vessel, boat, or
craft, seine, or other instruments, and detain the same, not
exceeding forty-eight hours, in order that the same may be
attached or arrested by due process of law, and made an-
swerable for said fines and forfeitures incurred, with costs of
suit.
Sect. 6. All fines and forfeitures, incurred under this Fines, &c, how
act, shall go, one half to the said towns of Dennis and Yar-
mouth, and the other half to the persons who shall prosecute
for the same, excepting that, when the said committee, or
either one of them, shall prosecute, then the forfeitures shall
accrue wholly to the said towns, to be recovered by com-
plaint before a justice of the peace, or any court competent
to try the same.
Sect. 7. All laws heretofore passed, regulating the fish- Repeal.
eries in either of the towns of Dennis and Yarmouth, which
are inconsistent with the provisions of this act, are here-
by repealed, excepting that a fish committee, which may be
chosen the present year, under the provision of any existing
law, shall be considered the committee of such town under
the operation of this act.
Sect. 8. This act shall take effect from and after its
passage. [Approved by the Governor, March 16, 1849.]
An Act to alter the Name of the Hopkinton High School. Chap. 38.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Hopkinton High School hereafter shall be called and To takcr i>ie
, * ° name of Hop-
known by the name of the Hopkinton Academy. [Ap- kinton Acad-
proved by the Governor, March 16, 1849.] emy'
24
1849.-
-Chap. 39.
Chap. 39,
New terms
specified.
First.
Second.
Third.
Of appeals, re-
cognizances,
&c.
Criminal busi-
ness alone at
the new terms.
Grand Jurors.
Term transfer-
red from Ip-
swich to Law-
Proviso.
An Act establishing additional Terms of the Court of Common Pleas, in the
County of Essex.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. There shall be holden, in the county of Essex,
three additional terms of the court of common pleas, as fol-
lows, to wit : the first term shall be holden on the fourth
Monday of May next, at Newburyport ; the second term
shall be holden on the second Monday of October next, at
Ipswich ; and the third term shall be holden on the fourth
Monday of January next, at Salem ; and terms of the
said court shall be holden on the same days, and at the
several places respectively herein prescribed, in each year
thereafter, for the disposition of the criminal business of said
county.
Sect. 2. All appeals, recognizances, and processes, and
every other matter and thing of a criminal nature, which
would be returnable to, and have day in, the court of com-
mon pleas, to be holden at Salem, within and for said
county, on the third Monday of March, instant, if this act
had not been passed, shall be returnable to, and have day in,
said court, at the term thereof hereby established, at New-
buryport, on the fourth Monday of May next.
Sect. 3. The civil business of the court of common
pleas, in said county, shall be transacted only at the terms
of said court, heretofore established by law ; and the crim-
inal business thereof shall be acted upon only at the terms
of the said court herein appointed to be holden. And all
continuances of civil or criminal business shall be, without
any special order therefor, to the next term of said court, to
be holden for the transaction of business of the same de-
scription.'
Sect. 4. The grand jurors of the said county of Essex
shall be required to attend only at the said terms established
for the transaction of criminal business.
Sect. 5. The term of the court of common pleas, for
said county, now holden at Ipswich, on the third Monday
of December, of each year, shall hereafter be holden at
Lawrence, in said county, on the third Monday of Decem-
ber, annually : provided, that the inhabitants of said town
of Lawrence shall, on or before the first day of September
next, provide a suitable place for the holding of said term of
the court, to the satisfaction of the county commissioners of
said county, and without any expense to said county during
the term of ten years.
Sect. 6. This act shall take effect from and after its
passage. [Approved by the Governor, March 17, 1849.]
1849. Chap. 40—41. 25
An Act ceding to the United States Jurisdiction over a Lot of Land in the Chat) A.Q
Town of Truro. "'
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Jurisdiction is hereby granted to the United Description of
States, in and over a certain lot or parcel of land, situate in land ceded-
the town of Truro, on the north side of Pamet Harbor, for
the purpose of erecting a lighthouse on the same, bounded
as follows, to wit : commencing at a stake at the southerly
end of the salt works ; thence, running north eleven de-
grees, west, two hundred and forty feet, to a stake, thence,
turning and running west twenty-two degrees south, one
hundred and thirty-eight feet to the sea-shore ; thence turn-
ing and running on the sea-shore two hundred and fifty
feet to a stake ; thence, turning and running one hundred
and fifty feet to the stake first mentioned ; containing about
three fourths of an acre : provided, that this Commonwealth Proviso as to
shall retain, and does hereby retain, concurrent jurisdiction dk"tionTentJUnS~
with the United States, in and over said land, so far that all
civil and criminal processes, issued under the authority of
this Commonwealth, or any officer thereof, may be exe-
cuted on any part of said land, or in any building which
may be erected on the same, in the same way and manner
as if jurisdiction had not been granted as aforesaid.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, March 17, 1849.]
An Act concerning the Probate Court in the County of Berkshire. Chap. 41.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. There shall be a probate court held each year Terms at Great
at Great Barrington, on the Wednesday next after the first Harrington.
Tuesday in February, May, August, and November, respect-
ively ; and so much of the fifty-fifth section of the eighty- r. s. ch. 83, ch.
third chapter of the Revised Statutes, as provides for a court 63>modlfied-
at Great Barrington, and so much of the same section as
provides for a court at Lenox, on Wednesday, next after the
first Tuesday in February, May, August, and November, is
hereby repealed.
Sect. 2. All processes and matters returnable to the
court at Great Barrington, on the second Tuesday in May
next, may be acted upon at the court to be held on Wed-
nesday, next after the first Tuesday in May.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 17, 1849.]
4
two more trus-
tees.
26 1849. Chap. 42.
Cliai) 42. ^-n -^CT t0 incorPorate tue Trustees of the School Funds, in the Town of
* ' Chicopee.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Trustees. Sect. 1. James T. Ames, Adolphus G. Parker, and
Ezekiel Blake, all of the town of Chicopee, and their suc-
cessors, are hereby constituted a body corporate, by the
name of the Trustees of the School Funds, in the Town of
General powers Chicopee, with all the powers and privileges, and subject to
snch. 44. ' all the liabilities, provided in the forty-fourth chapter of the
Revised Statutes.
Town may elect Sect. 2. The inhabitants of said town may, if they
shall determine it to be expedient, at any meeting legally
called for such purpose, elect two other persons, inhabitants
of said town, to be added to the number of said trustees.
May remove^fbr ga-^ inhabitants may also, at any meeting duly called
vacancies. therefor, remove any of said trustees, who may, from age,
infirmity, misconduct, or absence, become unfit or incapable
to discharge the duties of said trust ; and they may, from
time to time, fill up, from the inhabitants of said town, any
vacancy, in the number of said trustees, which may happen,
by death, resignation, removal, or otherwise.
One of the tms- Sect. 3. Said trustees shall, from time to time, appoint
tees to e treas- Qne o^. tnejr numDer to act as treasurer, who shall, before
Bond. entering upon the duties of his office, give bond to said
trustees, with sufficient sureties, faithfully to discharge all
the duties of his said office, and to account for all moneys
which may come into his hands by virtue of the same.
What funds trus- Sect. 4. The portion of the school funds heretofore
tees to manage, vested in the " Trustees of the School Funds in the Town
of Springfield," which said town of Chicopee is entitled to
1848 h receiye by virtue of an act of the Legislature, passed April
233. twenty-ninth, in the year one thousand eight hundred and
forty-eight, dividing said town of Springfield and incorpo-
rating said town of Chicopee from a part thereof, and of the
award of commissioners, appointed under the provisions of
said act to divide said funds between said towns, shall be
vested in said Trustees of the School Funds in the Town
of Chicopee, who shall be entitled to receive, manage, and
hold the same, for the uses and purposes hereinafter named.
What additions Said trustees may also receive any gift, grant, bequest, or
to funds. devise of real or personal estate ; and any funds which may
be specially appropriated by said town, for the use of schools
therein, and which said town shall direct to be entrusted to
the care of said trustees ; and they may hold, manage, and
improve the same, in trust, for the maintenance of schools,
in said town, according to the provisions hereinafter made.
1849. Chap. 42. 27
Sect. 5. Such of the lands belonging to said town of Lands to be
Chicopee as the town may, at any time, direct to be sold schools'. USe°f
for the use of schools in said town, or shall authorize said
trustees to hold or dispose of, and also the income or pro-
ceeds of sales of lands, appropriated by said town, for the
use of schools, shall become and be vested in said trustees Trustees to sell
and their successors ; and said trustees are hereby author- and convey.
ized and empowered to sell and convey the whole, or any
part, of the lands so vested in them, and also any other
lands held by them, a conveyance of which shall not be in-
consistent with the terms or intent of the original gift,
grant, or devise of the same, to said trustees ; and to make
and execute a good and sufficient deed, or deeds, thereof,
which, subscribed by their treasurer, by direction of said
trustees, with their seal affixed, and by him duly acknowl-
edged, shall be effectual, in law, to pass and convey all the
right of said town, or of said trustees, in and to said land,
to the purchaser thereof, to all intents and purposes what-
ever.
Sect. 6. All such funds and moneys as said trustees Funds, how to
may acquire and receive, as hereinbefore provided, or in any e secure •
other way whatever, shall, as soon as may be, be put at in-
terest, secured by sufficient mortgages of real estate, or by
two or more sufficient sureties, besides the principal debtor,
or invested in dividend-paying stocks ; and the whole annual income to be
interest and income thereof, together with the whole income treasurer Ibr
of such other estate, real or personal, as said trustees may benefit of
hold, shall be paid over, yearly, by them to the treasurer of
the town of Chicopee, for the time being, to be by him paid
out for the benefit and support of the public schools in said
town, in such proportions to the several school districts as
the said town shall direct.
Sect. 7. The said fund shall always be held and deemed Fund solely for
to be inalienable, and no part thereof shall be used or ap- ° purpos
plied to any other purpose than the support of schools in
said town. And the said trustees, their officers, agents, or
attorneys, shall never receive any compensation for any ser- No compensa-
vices performed under this act, or in relation to said trust, &" ° trustees>
from any part of said fund.
Sect. 8. Each of said trustees shall be personally an- Trustees an-
swerable to the inhabitants of said town, in a special action sona^y.6 per
on the case, for any neglect or misconduct in relation to said
trust.
Sect. 9. The said trustees shall cause to be kept a fair To keep a rec-
record of their proceedings, which shall, at all times, be open ?rdof their do"
for inspection by the officers of said town. They shall also
make and exhibit to the town, at their annual meeting for
28 1849. Chap. 42—44.
Annual report, the choice of town officers, a yearly report of their doings
in relation to said trust, together with a full and explicit
statement of the funds and estate in their possession, and of
the income received therefrom. '[Approved by the Gover-
nor, March 20, 1849.]
ChdV 43 "*n "*CT t0 incorPorate tne Fall River Fire and Marine Insurance Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Corporators. Sect. 1. Nathan Durfee, Nathaniel B. Borden and Wil-
liam Munday, their associates and successors, are hereby
made a corporation, by the name of the Fall River Fire and
For fire and ma- Marine Insurance Company, for the purpose of making in-
nne insurance. surance against maritime losses and against losses by fire,
Powers and du- with all the powers and privileges, and subject to all the
R. s. ch. 37, 44, duties, liabilities and restrictions, set forth in the thirty-
and subsequent seventh and forty-fourth chapters of the Revised Statutes,
StcltUtCS
and in all other general laws, which have been or shall be
hereafter enacted, relating to insurance companies, for the
term of twenty years.
Capital stock. Sect. 2. The capital stock of said company shall be
one hundred thousand dollars, to be divided into shares of
one hundred dollars each, to be collected and paid in, in
such instalments, and under such provisions and penalties,
as the president and directors of said company shall order
and appoint. [Approved by the Governor, March 22, 1849.]
Chat) 44 An Act to continue in force "An Act to incorporate the West Newbury
■* ' Mutual Fire Insurance Company."
1827, ch. 51. J3 E n enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The act to incorporate the West Newbury Mutual Fire
Insurance Company, passed on the eighth day of February,
in the year one thousand eight hundred and twenty-eight,
Continued for shall be and remain in force for the term of twenty-eight
8thyFebruar^ years from the eighth day of February, in the year one
1856- thousand eight hundred and fifty-six ; and the said corpora-
tion shall be continued through that term, with all the pow-
ers and privileges, and subject to all the duties, restrictions
R. s. ch. 37, 44, and liabilities, set forth in the thirty-seventh and forty-
sututes.Sequenl fourth chapters of the Revised Statutes, and in all statutes
which have been or may hereafter be passed relating to
mutual insurance companies. [Approved by the Governor,
March 22, 1849.1
1849. Chap. 45—46. 29
An Act ceding to the United States Jurisdiction over a part of the Island of Chew 45
Great Brewster, 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 folloios :
Sect. 1. The consent of this Commonwealth is hereby Cession,
granted to the United States of America, to purchase so
much of the Great Brewster Island, situate at the entrance
of Boston harbor, in the town of Hull, in the county of
Plymouth, and Commonwealth of Massachusetts, as has
been, or may be, conveyed by the city of Boston to the
said United States, for the purpose of the erection and main-
tenance thereon of a sea-wall, for the preservation of said
island, the evidence of the said purchase to be entered and
recorded in the registry of deeds, in the county of Suffolk
and Commonwealth aforesaid, and the jurisdiction over the
said portion of the said Great Brewster Island, is hereby
granted and ceded to the United States : provided, always, Proviso ™ to
and the cession and consent aforesaid are granted upon the Jurisdict!0n-
express condition that this Commonwealth shall retain a
concurrent jurisdiction with the United States, in and over
the said portion of the island aforesaid so far as that all
civil processes, and such criminal processes as may issue,
under the authority of this Commonwealth, against any
person or persons charged with crimes committed without
the said portion of the island aforesaid, may be executed
therein in the same way and manner as though this cession
and consent had not been made and granted.
Sect. 2. The property over which jurisdiction is grant- Exonerated
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 prem-
ises shall be used for the purposes intended by this act.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 22, 1849.]
An Act to incorporate the Bay State Steamboat Company. CllCLX) 46
BE it enacted by the Senate and House of Representa-
tives, in Genial Court assembled, and by the authority of
the same, as follows :
Sect. 1. Richard Borden, Jefferson Borden, and James Corporators.
S. Warner, their associates and successors, are hereby made
a corporation, by the name of the Bay State Steamboat
Company, for the purpose of navigating, by steam, the wa-
ters of New York, Mount Hope, and Narragansett Bays, the For 20 years.
intervening waters, and those connected therewith : with
all the powers and privileges, and subject to all the duties.
30 1849. Chap. 46—48.
Powers and du- restrictions, and liabilities, set forth in the thirty-eighth and
R. s. ch. 38, 44. forty-fourth chapters of the Revised Statutes, for the term
of twenty years.
pwcha"e1(stearri- Sect. 2. The said company is hereby authorized and
boats. empowered to build, purchase, hold, convey, hire, and em-
ploy, one or more steamboats, with such apparatus and ap-
pendages as may be found necessary for steam navigation,
and the transportation of passengers and merchandise, in
any, and all, of the waters aforesaid.
Estate in Fall Sect. 3. The said company may hold real estate, situate
in Fall River, in the county of Bristol, not exceeding in
value fifty thousand dollars, and personal property, to an
amount not exceeding four hundred and fifty thousand dol-
lars, to be divided into such number of equal shares, as the
said company, by its by-laws, shall determine. [Approved
by the Governor, March 22, 1849.]
Chap. 47. -AQ Act respecting Sales by Executors and Aministrators.
B E it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Mortgaged es- Sect. 1. Any real estate, held by an executor or admin-
bytee!StoerSold istrator in mortgage, or taken in execution by him, may be
&c, in the same sold at any time before the right of redemption is fore-
son™estate!er" closed, in the same manner as the personal estate of a de-
ceased person may be sold by an executor or administrator.
R. s. ch. 65, Sect. 2. That portion of the fourteenth section of the
§ u> modlfied- sixty-fifth chapter of the Revised Statutes, which is incon-
sistent with the foregoing provision, is hereby repealed.
[Approved by the Governor, March 22, 1849.]
Cluw. 48. -An Act to regulate the Weight of Clam Bait.
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 barrel to be Sect. 1. Whenever clam bait is sold by the barrel, it
230 lbs. shall be understood to mean two hundred and thirty pounds,
avoirdupois, of clams, and all contracts hereafter made, con-
cerning clam bait sold in this manner, shall be understood
and construed accordingly.
Where buyer Sect. 2. If any disagreement shall arise between the
purchaser and seller of clam bait, respecting the weight of
said bait, either party may have said bait weighed, and if it
shall not weigh two hundred and thirty pounds to the bar-
rel, the seller shall pay the expense of weighing and coop-
ering the same ; but, if said bait shall weigh two hundred
and thirty pounds, or more, to the barrel, the buyer shall
pay the expense of weighing and coopering the same.
and seller disa-
gree
1849. Chap. 48—50. 31
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 22, 1849.]
An Act to prevent Prize-Fighting. Chap. 49.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Every person who shall, by previous appoint- Penalty, impris-
ment or arrangement, meet another person and engage in a onment or "ne-
fight, shall be punished by imprisonment in the State
Prison not more than ten years, or by fine not exceeding
five thousand dollars.
Sect. 2. Every person who shall be present at such Penalty for aid-
fight, as an aid, second, or surgeon, or who shall advise, £|' advisin&>
encourage, or promote such fight, shall be punished by im-
prisonment in the State Prison, not more than five years,
or by imprisonment in the county jail, not more than three
years, and fine not exceeding one thousand dollars.
Sect. 3. Every person, an inhabitant, or resident of this Penalty for go-
State, who shall, by previous appointment or engagement, stlteUand Un-
made within this State, leave the State and engage in gaging in a
a fight Avith another person, without the limits thereof, g t-
shall be punished by imprisonment in the State Prison, not
more than five years, or fine not exceeding five thousand
dollars.
Sect. 4. This act shall not affect the provisions of the
one hundred and twenty-fifth chapter of the Revised Stat-
utes, against duelling. [Approved by the Governor, March
22, 1849.]
An Act to authorize David Conwell to build a Wharf. Clwi). 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 :
David Conwell is hereby authorized to build and main- Boundaries.
tain a wharf from his land, into the harbor of Province-
town, bounding on the easterly side thereof by a four feet
passage-way, and to extend the same, twenty-two feet
wide, to low water mark ; and shall have the right to lay
vessels at the end and side of said wharf, and receive
wharfage and dockage therefor ; provided this act shall Proviso.
not, in any manner, interfere with the legal rights of any
person whatever. [Approved by the Governor, March 23,
1849.]
32 1849. Chap. 51—53.
Chan. 51. ■*-n ^-CT t0 auth°rize Gideon Bowly and Joshua E. Bowly, to build a Wharf.
■* " " in Frovincetown.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Wharf to low Gideon Bowly and Joshua E. Bowly, are hereby author-
water mark. jze(j to j^id an{j maintain a wharf from their land, into the
harbor of Provincetown, and to extend the same, not ex-
ceeding fifty feet in width, to low water mark ; and shall
have the right to lay vessels at the end and sides of said
wharf, and receive wharfage and dockage therefor ; pro-
Proviso. vided, this act shall not, in any manner, interfere with the
legal rights of any person whatever. [Approved by the Gov-
ernor, March 23, 1849.]
Chai) 52 -^n -Act in addition to "An Act to authorize Amasa Nickerson and others, to
F' ' build a Wharf."
1848, ch. 55. g fi fa enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
At Deep Hole, Amasa Nickerson and his associates, in addition to the
m arwich. power granted to them by an act passed on the twenty-sec-
ond day of March, in the year one thousand eight hundred
and forty-eight, to build a wharf, at a place called Deep
Hole, in Harwich, are hereby authorized to build and main-
tain a wharf from their land, adjoining the harbor of Har-
wich, to the extent of six hundred feet, from the shore, and
to lay vessels at the end and sides thereof, and receive dock-
Proviso, age and wharfage therefor ; provided, that this act shall not,
in any manner, impair the legal rights of any person what-
ever. [Approved by the Governor, March 23, 1849.]
Chan. 53. ^n -^CT t0 a^ter tne Times of holding certain Terms of the Court of Common
"' ' Pleas for the County of Hampden.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Terms in March Sect. 1. There shall be a term of the court of common
pleas, within and for the county of Hampden, respectively,
on the second Monday of March, and the first Monday of
October annually, instead of the second Mondays of Feb-
ruary and October, as now provided by law.
R. s. ch. 82, Sect. 2. So much of the fortieth section of the eighty-
1844 ciT'nf' second chapter of the Revised Statutes, and of the act
modified. passed March sixteenth, one thousand eight hundred and
forty-four, entitled, " An act to alter the Times of holding
the Terms of the Court of Common Pleas for the county of
Hampden," as is inconsistenl with this act, is hereby re-
pealed.
1849. Chap. 58—50. 33
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 23, 1849.]
Aii Act to authorize Stephen Cook to extend his Wharf. ChttP. 54.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Stephen Cook is hereby authorized to extend and main- Wharf in Prov-
tain the wharf now owned by him, and adjoining his land, incetown-
into the harbor of Provincetown, to low water mark, and
shall have the right to lay vessels at the end and side of
said wharf, and receive wharfage and dockage therefor :
provided this act shall not in any manner interfere with Proviso.
the legal rights of any person whatever. [Approved by the
Governor, March 23, 1849.]
An Act extending the Time for constructing the Barre and Worcester Rail- Chap. 55.
road, and for changing its Name.
BE it enacted by the Senate and House of Representa- 1847' ch- 276-
fives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The time allowed to the Barre and Worcester Time extended
Railroad Company, by an act passed on the twenty-sixth i85ipn '
day of April, in the year one thousand eight hundred and
forty-seven, for constructing their railroad, is hereby ex-
tended to the twenty-sixth day of April, in the year one
thousand eight hundred and fifty-one.
Sect. 2. The Barre and Worcester Railroad Corpora- Name of corpo-
tion, after the passing of this act, shall be known and ration chaneed-
called by the name of the Boston, Barre, and Gardner Rail-
road Corporation.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 24, 1849.]
An Act to establish the Office of Auditor of Accounts. Chap. 56.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. There shall be elected, by the two branches Auditor to be
of the Legislature, by joint ballot, during the present ses- aHybythe"
sion, and in the month of February in each succeeding Legislature,
year, an officer, to be styled Auditor of Accounts, who
shall continue in office one year, and until a successor be
duly chosen and qualified. He shall give bond to the treas- To give bond.
urer, with sufficient sureties, to be approved by the gov-
ernor, with the advice and consent of the council, in the
penal sum of five thousand dollars, for the faithful dis-
34
1849.-
-Chap. 56.
Case of va-
cancy.
Proviso.
Duties.
Treasurer's ac-
counts to be
countersigned
by auditor.
To keep ac-
counts of re-
ceipts and ex-
penditures,
Also of school
fund, debts,
obligations, &c
Auditor to exam
me treasurer's
accounts, &c,
and report to
Legislature.
General report
in January
annually.
charge of the duties of his office. In case of any vacancy
in said office, by death, resignation, or otherwise, a succes-
sor shall be appointed according to the above provisions :
pj-ovided, that, if such vacancy happen during the recess of
the Legislature, such successor may be appointed by the
governor, with the advice and consent of the council, and
shall hold his office till a successor be chosen by the Legis-
lature, and qualified.
Sect. 2. The auditor shall examine all accounts and
demands against the Commonwealth, except for such sums
as may be due on account of the principal or interest of
any public debt, or of the pay-rolls of the council, senate,
or house of representatives, and shall certify the amount
due on any such demand, the head of expenditure to which
the same is to be charged, and the law authorizing the pay-
ment thereof, to the governor, who may draw a warrant
therefor, as provided by the constitution, and all such cer-
tificates shall be recorded by the auditor, in a book to be
kept for that purpose. No warrant shall be drawn for the
payment of any account or demand, except the said pay-
rolls, which has not been certified as above. And all re-
ceipts given by the treasurer shall be approved and coun-
tersigned by the auditor, and no such receipt shall be valid
until so countersigned. And, as soon as may be after the
drawing of any warrant, the secretary shall transmit to the
auditor a written statement of the amount and purport of
the same.
Sect. 3. The auditor shall keep, at all times, a distinct
account of all public receipts and expenditures under appro-
priate heads, and shall charge, against each head, all expen-
ditures properly belonging thereto ; and, in case the sum
allowed by law shall have been expended or drawn for,
shall communicate such fact, in writing, to the secretary,
who shall lay the same before the governor and council as
soon as may be. He shall also keep a like statement of
the school fund, and all other public property, and of all
debts and obligations due to and from the Commonwealth ;
and, for the above purposes, shall have free access to any
books or papers in the offices of the secretary, the treas-
urer, or the land agent.
Sect. 4. The auditor shall annually, in the month of
January, carefully examine all the books and accounts of
the treasurer, with all the vouchers of such accounts, and
shall report thereon to the Legislature. He shall, on or
before the fifteenth day of January annually, exhibit to the
Legislature a complete statement of the public property of
the Commonwealth, its debts and obligations of every kind,
1849. Chap. 56—57. 35
its revenue and expenses during the preceding year, and
the balance left in the treasury at the close of such year,
explaining whether such balance resulted from an excess
over current expenses, or otherwise. He shall likewise
submit, at the same time, an estimate of expenses for the
current year, distinguishing those which are ordinary and
current from those which are extraordinary, together with an
estimate of the ordinary income of the Commonwealth, and
of all other means which he may be able to point out for
the defraying of expenditures, and shall annex, to the said
statements or estimates, such representations or suggestions
as he may deem necessary.
Sect. 5. The books and accounts of the auditor shall Auditor's books,
be carefully examined, at least once during the recess of ^ined during
the Legislature, by a committee of the council, or such other recess 0f Legis-
person as the governor, by and with the advice and consent
of the council,. may appoint; and shall also be carefully
examined by the committee of accounts, in the month of
January annually.
Sect. 6. The salary of the auditor shall be fifteen hun- Salary, #1,500.
dred dollars per annum, payable cmarter-yearly. He shall Place for office,
keep his office in such place as the governor, with the
advice of the council, may direct ; and a further sum, not
exceeding three hundred and fifty dollars, is hereby appro-
priated to defray such expenses as may be necessary for the
establishment of the auditor's office, and support of the
same, dining the present year.
Sect. 7. The auditor shall, at all times, comply with Regulations for
any regulations, in relation to the duties of his office, not governor and
repugnant to the provisions of this act, which may be council.
transmitted to him in writing by the governor and council.
Sect. 8. So much of any act or resolve, heretofore Repeal,
passed, as may be inconsistent with the provisions of this
act, is hereby repealed.
Sect. 9. This act shall go into operation from and after
its passage. [Approved by the Governor, March 24, 1849.]
An Act to establish a Portion of Boundary Line between the Towns of Mid- (Jhav) 57
dleborough and Carver. "'
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
That part of the boundary line between the towns of Boundary line
Middleborough and Carver, which lies between High Stone,
so called, and Rocky Point, so called, is hereby established,
as follows : beginning at the High Stone, on the descent of
of Great Hill, so called, twenty rods southerly of the place
36
184.9-
-Chap. 57—59
Chap. 58.
Name.
Chap. 59.
Penalty, impris-
onment, or fine.
where Spring Brook connects with Rocky Meadow Brook,
(an acknowledged monument on the line between the towns
aforesaid,) thence, running south, twelve degrees east, one
hundred and fourteen rods, to a stake ; thence, south, fifty-
two and one half degrees east, one hundred and sixteen
rods to the highway, near the house of Otis Thomas ;
thence, continue the same course, eleven rods, to a
stake ; thence south, one degree west, eighty-one rods,
to a stake ; thence, south, fifty degrees east, forty-eight
and one half rods, to a stake ; thence, south, eighty-
four degrees east, thirty rods, to a stake ; thence, south,
twenty-one and one half degrees east, one hundred and two
rods, to a white pine tree ; thence, south, six and one half
degrees west, one hundred rods to a stake ; thence, south,
thirty-three and one half degrees west, forty-eight rods, to
a stake ; thence, south, one degree west, thirty-six rods, to a
stake ; thence, south, twenty-seven degrees east, eighty-one
rods, to a stake ; thence east, seven and one half rods, to a
high stone near the end of rocky point, a point well known
and established as a bound between the towns of Middle-
borough and Carver. [Approved by the Governor, March
24, 1849.]
An Act to change the Name of Nathaniel Merril Leathers.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
From and after the passage of this act, Nathaniel Merril
Leathers, of Danvers, in the county of Essex, may take the
name of Nathaniel Merril Warren, and he shall thereafter be
known and called by that name, and the same shall there-
after be considered as his only legal and proper name. [Ap-
proved by the Governor, March 24, 1849.]
An Act to prevent Disturbances of Schools and Public Meetings.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Every person who shall wilfully interrupt or disturb any
school or other assembly of people, met for a lawful purpose,
within the place of such meeting, or out of it, shall be pun-
ished by imprisonment in the county jail, not more than
thirty days, or by fine not exceeding fifty dollars. [Ap-
proved by the Governor, March 27, 1849.]
1849. Chap. 60—62. 37
An Act to authorize Nathan Fisk and his Associates, to build a Bridge across Chat). 60.
Swan Pond River, in the Town of Dennis. •* '
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Nathan Fisk, Hiram Baker, Nathan Baker, Persons incor-
11 i • j porated.
Hiram Chase, and their associates, are hereby authorized to
construct a bridge over certain tide waters, called Swan
Pond River, in the town of Dennis, in the county of Barn-
stable, near the north end of the salt works of Theophilus Location.
Nickerson ; provided, the consent of the riparian owners be Provisoes to
first obtained, and that said bridge be built eight feet above Jj™*00 of
ordinary high water, and with an open and unobstructed
space in the channel twenty feet wide, between the abut-
ments of said bridge.
Sect. 2. If, at any annual meeting of said town, in the Town of Dennis
' J ~. . c l 11 may vote to
month of February, the town, by a majority of votes, shall build the bridge.
elect to build said bridge, they are hereby authorized so to
do. [Approved by the Governor, March 27, 1849.]
An Act authorizing the Building of a Bridge over Red River, in the Town Chat) Q\
of Chatham. "'
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Levi Eldridge, Ezra Bearse, Freeman Eldridge, with Persons incor-
their associates, are hereby authorized and empowered to Porated-
build a bridge over certain tide waters, known as Red River, Location,
in the town of Chatham, in the county of Barnstable : pro- „ .
.,,, P , . J t<~ -i-i "ronso as to
vtded the consent oi the riparian owners be first obtained, obstructing the
and said bridge be constructed with open spaces of the width nver-
of fifteen feet between the piling or piers of said bridge.
[Approved by the Governor, March 27, 1849.]
An Act relating to Teachers' Institutes. ChaD 6k^
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Board of Education are authorized to de- Length of ses-
termine the length of time during which the Teachers' In- [l™^ eJ^d-
stitutes, established under the ninety-ninth chapter of the ucation.
statutes of the year eighteen hundred and forty-six, and the
tenth chapter of the statutes of the year eighteen hundred
and forty-eight, shall remain in session.
Sect. 2. Any thing contained in the acts aforesaid, con-
trary to the provisions of this act, is hereby repealed. [Ap-
proved by the Governor, March 27, 1849.]
38 1849. Chap. 63—65.
Chcip. 63. ^n -^CT t0 incorPorate ^e Norfolk Agricultural Society.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. Marshall P. Wilder, Charles P. Adams, B. V.
French, their associates and successors, are hereby made a
corporation, by the name of the Norfolk Agricultural Soci-
For agriculture, ety, for the encouragement of agriculture and horticulture,
ture'and me- manufacturing and mechanic arts, in the county of Norfolk,
chanic arts. by premiums and other means ; with all the powers and
Powers and du- privileges, and subject to all the duties, restrictions, and lia-
R. s. ch. 42, 44. bilities, set forth in the forty-second and forty-fourth chap-
Real and per- ters of the Revised Statutes ; and said corporation may hold
sonai estate. an(j manage rea] estate not exceeding in value twenty-five
thousand dollars, and personal estate not exceeding a like
sum, for the purposes aforesaid.
Acceptance of Sect. 2. This act maybe accepted by the society, at
this act. any meeting called according to the provisions of its con-
stitution. [Approved by the Governor, March 27, 1849.]
Chap. 64. -An Act authorizing the Erection of a Fish Weir in the Town of Eastham.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as folloivs :
Location. Sect. 1. Joshua Higgins, Junior, Scotto Cobb, and their
associates, of Eastham, in the county of Barnstable, are
hereby authorized to erect and maintain, in said town, a
weir for taking fish, on their land, at or near a place called
Cook's Brook, on the bay side of said town, extending from
Proviso, as to the upland to low water mark ; provided, that the said weir
navigation. siian not be so constructed or maintained, as to obstruct the
navigation at said place.
Fine for injuring Sect. 2. If any person shall wilfully injure or destroy
fish without ng said weir, or any part thereof, or shall, without leave of the
leave, &c owners thereof, take from the same any fish found therein,
he shall, upon conviction, forfeit and pay, to the use of the
owners of said weir, a sum not exceeding twenty dollars,
to be recovered in any court of competent jurisdiction, and
shall moreover be liable to the parties injured, for all dam-
ages, in a civil suit. [Approved by the Governor, March
29, 1849.]
Chap. Q5. -An -Act concerning the Distribution, Custody, and Preservation of School Re-
turns and other Documents and Papers relating to Schools.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. It shall be the duty of the secretary of the
1849. Chap. 65—66. 39
Board of Education, to cause the blank forms of inquiry, School docu-
the school registers, the abstract of school returns, and the ^ents -?,13?.
0 , 7 . transmitted by
annual report ot the Board of Education, and that of its secretary of
secretary, to be forwarded to the sheriffs of the several C°^B °o^er-
counties, for distribution to the clerks of the several towns «ffs, for the
and cities within their counties respectively, and it shall aiK\ cities.0""3
be the duty of the sheriff so to distribute them ; and he
shall be entitled to receive three cents a copy for each copy Fee of sheriffs.
of said several documents so distributed, to be paid by the
treasurer of the Commonwealth.
Sect. 2. It shall be the duty of the clerk of each of the How to be dis-
several cities or towns, to deliver the blank forms of in- town and city
quiry, and the registers, when the same shall be received clerks,
by him, to the school committee ; it shall also be his duty
to deliver one copy of the said abstract and reports, to the
secretary of the school committee of the city or town, to be Duty of school
by him carefully kept for the use of the said committee, commitlee-
and handed over to his successor in office ; and also two
additional copies of said reports, for the use of said commit-
tee ; and, further, it shall be the duty of the clerks of the
several cities or towns, to deliver one copy of the said re-
ports to the clerk of each of the school districts in the re- Duty of clerks
spective cities or towns, to be by him deposited in the dis- p^gnJ^f *"„_
trict school library, if there be one, and if not, to be by mittees.
him carefully kept for the use of the prudential committee,
the teachers, and the inhabitants of the district, during his
continuance in office, and then to be handed over to his
successor ; and, in case the city or town shall not be dis-
tricted, the said reports shall be delivered to the school
committee, and so placed by them, that they shall be ac-
cessible to the several teachers, and to the citizens ; and
they shall be deemed to be the property of the town or
city, and not of any officer, teacher, or citizen thereof.
Sect. 3. The one hundredth chapter of the acts passed Stat. 1845, ch.
in the year one thousand eight hundred and forty-five, is 100, rePealed-
hereby repealed. [ Approved by the Governor, March 30,
1849.]
An Act in relation to Paupers. Chap. 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 penalty provided in the twenty-fourth section of the Penalty impos-
forty-sixth chapter of the Revised Statutes, for bringing ^ jpckf'Jfen-'
into, and leaving, any poor and indigent person, in any «re to the use of
town of this State, wherein such pauper is not lawfully which^rars
settled, knowing him to be poor and indigent, and with are brought, not
40
1849.
-Chap. 66—68.
having a settle-
ment.
intent to charge such town with his support, shall be for-
feited to the use of, and may be sued for and recovered by,
the town intended to be so charged. [Approved by the
Governor, March 30, 1849.]
Chap. 67.
Cession for
light-house.
Proviso, as to
jurisdiction.
An Act to cede to the United States of America Jurisdiction over certain
Land in Barnstable.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The jurisdiction of the tract of land, purchased by Joseph T.
Pease, for the United States of America, of one Lot Crocker,
for the site of a light-house, and which is situated at Hy-
annis, in the town of Barnstable, is hereby granted to the
United States of America, for the purpose of erecting a
light-house thereon, and for no other purpose whatever :
provided, however, that the Commonwealth shall retain, and
it does hereby retain, concurrent jurisdiction with the
United States, in and over all said land, so far that civil
and criminal processes issued under the authority of this
Commonwealth, or any officer thereof, may be executed on
any part of said land, or in any building erected thereon, in
the same way and manner as if jurisdiction had not been
granted as aforesaid. [Approved by the Governor, March
30, 1849.1
Chap. 68.
Persons indict-
ed, insane at the
time of trial, to
be removed to
the State Luna-
tic Hospital.
Also, persons
now in confine-
ment, heretofore
found insane by
the court.
An Act concerning Insane Persons charged with Criminal Offences.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever any person, indicted for any capital
or other offence, shall be, at the time appointed for the trial,
found, to the satisfaction of the court before whom the said
offence is to be tried, to be insane, the said court is hereby
authorized to cause such person to be removed to the State
Lunatic Hospital at Worcester, for such term, and under
such limitations, as the said court may direct. And all
such persons, now in confinement in any of the jails, as the
court shall have heretofore found insane at the time ap-
pointed for their trial, may be removed forthwith to said
hospital, under an order from either of the justices of the
supreme judicial court, for such term, and under such lim-
itations, as he may direct.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 4, 1849.]
1849. Chap. 69—70. 41
An Act to authorize Jesse Nickerson to build a Wharf. Chan 69
HE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Jesse Nickerson is hereby authorized to build and main-
tain a wharf from his land adjoining the harbor of Province- Location,
town, and to extend said wharf to low water mark, and
shall have the right to lay vessels at the side and end there-
of, and receive wharfage and dockage therefor ; provided Proviso.
this act shall in no way impair the legal rights of any per-
son or persons whatever. [Approved by the Governor, April
4, 1849.]
An Act in addition to " An Act for incorporating certain Persons for the rtJj^^ 7A
purpose of building a Bridge over Merrimack River, between the Towns of ^'^p' ' "•
Haverhill and Newbury, in the County of Essex, and for supporting the Special Laws,
same." vol. 1, p. 523.
BE it enacted by the Senate and House of Represeuta- lsH^ch.lo?,
tives, in General Court assembled, and by the authority of]Ql^^\,
j7 - „ J y J 1827. ch. 117.
the same, as follows :
Sect. 1. For the safer and more convenient passage of Provision for
vessels through the draw or passage-way of the Merrimack paTstg-e^f "es"
Bridge, over the Merrimack River, between the towns of s,els through the
t . . draw.
Haverhill and West Newbury, authorized by an act to which
this is an addition, the proprietors of said bridge shall cause
to be placed, and extended from the inner corners of each
of the piers of said draw or passage-way, a floating spar
seventy-five feet in length, and not less than eighteen
inches in diameter in the smallest part, which spars shall be
suitably fastened by chains to said piers, at or near said
inner corners, and shall extend, diverging up and down the
river, so that the extreme ends of said spars, above and be-
low said piers, shall be seventy-five feet apart ; and each of
them, at their outer ends, shall be properly and sufficiently
moored by a chain to a rock or rocks, which shall be of at
least four tons weight, and in each end of said four spars
shall be placed a suitable iron ringbolt for fastening vessels
thereto.
Sect. 2. The said proprietors shall plank up the inside inside of the
of said draw piers with planks, not exceeding three inches picked. "
in thickness, running lengthwise, the whole length of said
piers, said planking to be three feet in width, and the top of
it eighteen inches above common high water.
Sect. 3. The additions and improvements mentioned in These improve-
the first two sections shall be made and maintained by the "Xabedby
proprietors of said bridge, constantly, hereafter, during the the proprietors
whole of each navigable season on said river, so long as ofthebndse-
said bridge is maintained.
6
42
1849.
-Chap. 70—78.
Confirmation of
rights of proper-
ty to the pro-
prietors.
Chap. 71.
Special Laws,
vol. 1, p. 223.
Corporators to
have the same
rights and pow
ers, which are
given to church
wardens, &c„
&.c, by R. S.
ch. 20.
Sect. 4. The said draw and piers, as now constructed,
and with the additions and improvements aforesaid, be, and
they are hereby confirmed to the proprietors of said bridge,
any thing in any preceding acts to the contrary notwith-
standing. [Approved by the Governor, April 4, 1849.]
An Act, in addition to " An Act incorporating the Wardens and Vestry of
Christ Church, (so called,) in Boston, for certain 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 :
The Wardens, the Rector, Wardens and Vestry, and the
Wardens and Vestry of Christ Church, in the city of Bos-
ton, shall have the same respective corporate rights and
powers which are given to the church wardens, the rector,
church wardens and vestries, and the church wardens and
vestries, respectively, of all churches or religious societies,
by the twentieth chapter of the Revised Statutes of this
Commonwealth, notwithstanding any thing to the contrary,
contained in the act, entitled . " An Act, incorporating the
Wardens and Vestry of Christ Church (so called) in Boston,
for certain purposes," passed January the thirtieth, in the
year one thousand seven hundred and eighty-nine. [Ap-
proved by the Governor, April 4, 1849.]
Chap. 72.
Location.
Extent and
width.
Proviso.
An Act lo authorize Joshua Lewis and Benjamin Lewis to build a Wharf.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Joshua Lewis and Benjamin Lewis are hereby authorized
to build and maintain a wharf, from their own land adjoin-
ing the harbor of Provincetown, and to extend said wharf
to low water mark, not exceeding fifty feet in width, and
shall have the right to lay vessels at the sides and ends
thereof, and receive wharfage and dockage therefor ; pro-
vided this grant shall in no wise impair the legal rights of
any persons whatever. [Approved, by the Governor, April
4, 1849.1
An Act concerning the Waltham and Newton Branch Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same as follows :
The time for locating and constructing the Waltham and
^xfeTdldfo'ronf Newton Branch Railroad is hereby extended one year from
year. the period fixed in the act of incorporation, passed April
the twenty-first, in the year one thousand eight hundred
and forty-eight. [Approved by the Governor, April 4, 1849.]
Chap. 73
1848, ch. 160.
Time for locat-
1849. Chap. 74— 76. 43
An Act in addition to "An Act concerning Jails and Houses of Correction.'' ChflV. 74.
BE it enacted by the Senate and House of Rcprescnta- 134.0, ch. 15.
fives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. It shall be the duty of the secretary of the Of the blank
Commonwealth to amend the blank form of return, required
by the act of March third, in the year one thousand eight
hundred and forty, so that accurate information shall be ob-
tained in relation to such insane and idiotic persons as are
under the charge of the keepers of jails or houses of correc-
tion, or other county receptacles for these purposes, in the
following particulars, viz : The number, name, age, birth-
place, duration of insanity, duration of confinement, means
of support, place of confinement, specifying whether in jails,
houses of correction, or in buildings specially provided for
the purpose, cause of commitment, by whom committed,
whether previously subjected to any curative treatment and
at what place, their present condition, whether they are
furnished with employment, under whose care they are now
placed, and if any of them are under the superintendence
of convicts.
Sect. 2. The secretary shall embody these returns in
such manner as he shall deem advisable. [Approved by the
Governor, April 4, 1849.]
An Act to authorize Frederick Scudder and others to build a Wharf. ChciT). 75.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Frederick Scudder and his associates are hereby author- Wharf in Hy-
ized to build and maintain a wharf, from their land in the annis'
harbor of Hyannis, and to extend said wharf nine hundred
feet ; provided the same shall not obstruct the safe anchor- Proviso.
age of vessels in the harbor, and shall not exceed one hun-
dred and sixty feet in width ; and shall have the right to
lay vessels at the end and sides of said wharf, and receive
wharfage and dockage therefor : provided, that this act shall Proviso.
not interfere with the legal rights of any person whatever.
[Approved by the Governor, April 4, 1849.]
An Act to authorize Richard Taylor and others to build a Wharf. CJl(W 76
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
tin- same, as follows :
Richard Taylor, and his associates, are hereby authorized Location,
to build and maintain a wharf, from their land, at a place
called Stage Harbor, in Chatham Neck, and to extend said
44
1849.
-Chap. 76—78.
Proviso.
Proviso.
Chap. 77.
Location.
Length and
width.
Proviso.
wharf three hundred feet ; provided the same shall not oc-
cupy the channel, so as to obstruct vessels, and shall not
exceed sixty feet in width ; and shall have the right to lay
vessels at the end and sides thereof, and receive wharfage
and dockage therefor ; provided, that this act shall not in-
terfere with the legal rights of any person whatever. [Ap-
proved by the Governor, April 4, 1849.]
An Act to authorize Laban Snow, Junior, and others, to build a Wharf
in Harwich.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Laban Snow, junior, and his associates, are hereby au-
thorized to build and maintain a wharf from their premises
adjoining the harbor, called Marsh Bank, in the town of
Harwich ; said wharf not to exceed six hundred feet in
length, and sixty feet in width, except that the pier at the
lower end may be one hundred and fifty feet in width ; and
to lay vessels at the sides and end thereof, and receive
wharfage and dockage 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 in-
terfere with the legal rights of any person or persons what-
ever. [Approved by the Governor, April 4, 1849.]
Chap. 78.
Location.
Proviso.
An Act authorizing Loring Crocker, and others, to build a Dyke across
Rendezvous Creek, in Barnstable.
BE it enated by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Loring Crocker, Waterman Eldridge, Thomas Smith,
Mary Tobey, Nathaniel Holmes, E. H. Eldridge, E. T.
Cobb, and Heman Foster, of Barnstable, in the county
of Barnstable, their heirs and assigns, are hereby author-
ized to build and maintain a dyke across Rendezvous
Creek, so called, in the north part of said town of Barn-
stable, from the land of the said Watermen Eldridge and
E. H. Eldridge, to land of said Cobb and Smith, with the
privilege of letting the water in and out at pleasure, by a
sluice constructed for that purpose ; provided, that said
dyke shall be at least sixteen feet wide at its top. [Ap-
proved by the Governor, April 4, 1849.]
1849. Chap. 79—82. 45
An Act to authorize Anthony Killey and others to build a Wharf. Chai) 79
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Anthony Killey and his associates, are hereby authorized Location in
to build and maintain a wharf, from their land adjoining ennis"
the harbor known by the name of Shad Hole, in the town
of Dennis, said wharf not to exceed five hundred feet in Length an<i
length and sixty feet in width, except the pier at the lower w '
end, which may be two hundred feet in # width, and shall
have the right to lay vessels at the sides and end thereof,
and receive wharfage and dockage therefor : provided said Proviso.
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 impair the legal rights of any person or persons
whatever. [Approved by the Governor, April 4, 1849.]
An Act to change the Name of the Sciiuate Institution for Savings. Chan 80
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 Scituate Institution for Savings may take and here- Name.
after be known by the name of the South Scituate Savings
Bank. [Approved by the Governor, April 4, 1849.]
An Act relating to School Libraries and School Apparatus. Chctt) 81
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The inhabitants of any school district, in any School districts
city or town, and of any city or town not divided into may ralse ...
,,-,..'. i ■ A ii money for hbra-
school districts, in this Commonwealth, may, at any meet- ries and appa-
ing called for that purpose, raise money for the purchase of ratus'
libraries, and necessary school apparatus, in the same man-
ner as school districts may now raise money for erecting
and repairing school houses in their respective districts.
Sect. 2. The one hundred and forty-seventh chapter of Repeal, 1837,
the statutes passed in the year one thousand eight hundred ,40'
and thirty-seven, is hereby repealed. [Approved by the
Governor, April 5, 1849.]
An Act to establish a Fire Department in the Town of Dorchester. Ch/r<n 89
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
A fire department is hereby established in the town of
Dorchester, subject to all the duties and liabilities, and with
46
1849.
-Chap. 82—86.
Powers and
duties.
183.9, ch. 138.
Chap. 83.
1848, ch. 296,
297.
Time for filing
location ex-
tended one
year.
Chap. 84.
Penalty of fine,
R. S. eh. 130,
§ 8, repealed.
Chap. 85.
Location in
Provincetown.
Proviso.
Chap. 86.
Powers and du-
t ies of the jus-
tice.
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,
April 5, 1849.]
An Act concerning the Union Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The time allowed for filing the location of the Union
Railroad, as provided in the tenth section of the act incor-
porating the company, passed May tenth, in the year one
thousand eight hundred and forty-eight, is hereby extended
one year from the expiration of the period fixed in said act.
[Approved by the Governor, April 5, 1849.]
An Act concerning Houses of Ill-Fame.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows:
vSo much of the eighth section of the one hundred and
thirtieth chapter of the Revised Statutes, as provides for
the punishment of the offence, therein described, by fine,
shall be, and the same is, hereby repealed. [Approved by
the Governor, April 5, 1849.]
An Act to authorize Lot Paine to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Lot Paine is hereby authorized to build and maintain a
wharf from his land adjoining the harbor of Provincetown,
and to extend said wharf to low water mark ; and shall
have the right to lay vessels at the side and end thereof,
and receive wharfage and dockage therefor ; provided this
act shall not, in any manner, impair the legal rights of any
person or persons whatever. [Approved by the Governor,
April 5, 1849.]
An Act to establish a Police Court in the Town of Lynn.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. A police court is hereby established in the
town of Lynn, to consist of one learned, able, and discreet
person, to be appointed and commissioned by the governor,
1849. Chap. 86. 47
pursuant to the constitution, to take cognizance of all
crimes, offences, and misdemeanors, committed within the
town of Lynn, whereof justices of the peace now have, or
may have, jurisdiction. And the court hereby established
shall hear and determine all suits, complaints and prosecu-
tions, in like manner as is by law provided for the exercise
of the powers and authority which are, or may be, vested
in justices of the peace, and shall do all acts necessary to,
and consistent with, such powers and authority.
And the said police court shall also have original juris-
diction and cognizance of all suits and actions which may
now, or at any time hereafter, be heard, tried, and deter-
mined, before any justice of the peace in the county of Es-
sex, and exclusive jurisdiction, whenever all the parties
reside in Lynn, and service of the writ is had on the de-
fendant in said county ; and no writ, in any such suit or
action, shall be made returnable before any justice within
said town of Lynn, but to said police court only ; and an Appeals,
appeal shall be allowed from all judgments of said police
court, in like manner, and to the same extent, that appeals
are now allowed by law from judgments of justices of the
peace ; and the justice of said police court shall not be of
counsel or attorney to any party in any matter or thing-
whatsoever, which may be pending in said court.
Sect. 2. All warrants issued by said court, or by any of issuing and
justice of the peace within said town, shall be made returna- ra^™"8 war"
ble, and be returned, before said court ; and if any warrant
shall be issued by any justice of the peace, returnable before
said court, the lawful fees payable therefor shall not be paid Fees,
or allowed, unless, on examination or hearing, before said
court, it shall appear that there was reasonable cause for is-
suing said warrant ; in which cases, such fees and costs
shall be allowed and taxed, in like manner, as though said
warrant had been issued by a justice of the peace, accord-
ing to the law now in force.
Sect. 3. All fines and forfeitures, and all costs in crim- Of fines, for-
mal prosecutions, which shall be received by, or paid into, co^s— how ac-
the hands of the justice of said court, shall be by him ac- counted for.
counted for and paid over to the same persons, in the same
manner, and under the same penalties for neglect, as are by
law prescribed in the case of justices of the peace : and all
costs in such prosecutions, not thus received, shall be made
up, taxed, certified, and allowed, and shall be paid and
satisfied in like manner as is provided by law in cases of
justices of the peace.
Sect. 4. The costs taxed, allowed, and certified, by the Costs.
special justices, shall be paid to the standing justice.
48
1849.-
-Chap. 86.
Court, when and
where to be
held.
Rules.
Of paying fees
to treasurer.
Record.
Account of fees
received.
Salary.
Of suits, &c,
before justices
of the peace.
Two special
justices.
Duties.
Sect. 5. A court shall be held by said justice, at some
suitable and convenient place to be provided at the expense
of said town of Lynn, on two several days of each week,
at nine o'clock in the forenoon, and as much oftener as may
be necessary, to take cognizance of crimes, offences, and
misdemeanors, and, on one day in each fortnight, at ten
o'clock in the forenoon, and may be adjourned, from day to
day, by the justice thereof, and at such other times as may
be necessary, for the trial of civil suits and actions ; and
the justice of said court shall, from time to time, establish
all necessary rules for the orderly and uniform conducting
of the business thereof.
Sect. 6. The justice of said court shall, twice in every
year, account for, and pay over to, the treasurer, of the said
town of Lynn, all fees, of every description received by him,
which are, in other cases, retained by justices of the peace,
in the course of his judicial proceedings, civil or criminal.
Sect. 7. The justice of said court shall keep a fair
record of all proceedings in said court, and shall make re-
turn, to the several courts, of all legal processes and of his
doings therein, in the same manner as justices of the peace
are now by law required to do ; and he shall also annually,
in the month of January, exhibit, to the selectmen of said
town of Lynn, a true and faithful account of moneys by
him received as fees.
Sect. 8. The justice of said court shall receive, from
the treasury of the said town of Lynn, an annual salary of
eight hundred dollars, in quarterly payments.
Sect. 9. All suits, actions, and prosecutions, which
shall be instituted and pending before any justice of the
peace, within the town of Lynn, when this act shall take
effect, shall be heard and determined as though this act
had not been passed.
Sect. 10. There shall be appointed by the governor, by
and with the advice and consent of the council, two special
justices of said court ; and whenever it shall happen, that the
standing justice of said court shall be interested in any suit
or prosecution, cognizable in said court, said suit or prose-
cution shall be considered, heard, and disposed of, by one of
the said special justices ; and, whenever said standing justice
shall be unable, from necessary absence from town, or sick-
ness, or other cause, to perform his duties, either of the said
special justices may exercise all the powers of the standing
justice, until such disability be removed ; and when a va-
cancy occurs in the office of standing justice, either of the
said special justices may exercise all the powers of the
office until the vacancy be supplied ; and such special
1849. Chap. 86—88. 49
justice shall be paid by the standing justice, out of his sal- Fees of.
ary, such sums as justices of the peace are paid for like ser-
vices.
Sect. 11. The governor shall have power, by and with Appointment.
the advice and consent of the council, to appoint said jus-
tice and special justices, at any time after the passing of
this act. [Approved by the Governor, April 5, 1849.]
An Act concerning Intestate Estates. Chap. 87.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
When any person shall die seized of any real estate, in Right of widow
fee simple, or for life of another, not having devised the woufdSchfat
same, and shall leave no kindred, so that such real estate to Common-
would, by law, escheat to the Commonwealth, if such w
intestate shall leave a widow, such widow shall be entitled
to take and hold such real estate, in the same manner as
she would have taken the same had she been heir to the
intestate. [Approved by the Governor, April 5, 1849.]
An Act to incorporate the Worcester Children's Friend Society. Chap. 88.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. Marcia Knowlton, Rebecca Newton, Anstis Persons incor-
K. Miles, their associates and successors, are hereby made w^etter for
a corporation, by the name of the Worcester Children's support of indi-
Friend Society, for the purpose of providing for the support gentC11 ren-
and education of indigent children, of both sexes, not
otherwise provided for, and who, for want of paternal care,
are in a suffering and dangerous condition, with all the Powers and
powers and privileges, and subject to all the duties, liabili- duties-
ties, and restrictions, set forth in the forty-fourth chapter of R. s. ch. 44.
the Revised Statutes.
Sect. 2. Said corporation may, for the purpose afore- Estate.
said, take and hold real and personal property, to an amount
not exceeding fifty thousand dollars.
Sect. 3. Said society may admit into their institution Of receiving
any indigent child, at the request of its parent or guardian, fndlgemdii!^
and accept from its father, or, in case it has no father liv- dren.
ing, from its mother, or guardian, a surrender, in writing,
of any such child, to the care and direction of said corpo-
ration ; and also may admit any other indigent children,
who have no parent, or guardian, within the Common-
wealth. And all children, so admitted, shall be maintained
and employed, by said society, and shall be instructed in
50
1849.-
-Chap. 88—89.
Of managing
and binding out
such children.
Chap. 89.
Lynn to be a
city.
Mayor, 8 alder-
men, 25 com-
mon council,
without com-
pensation.
Eight wards,
as specified.
moral and religious duties and the branches of learning
usually taught in the Commonwealth.
Sect. 4. Said society may retain and employ such chil-
dren, after they are of suitable age to be bound out as
apprentices, or may bind out such children, when of suita-
ble age as domestics in virtuous families, or as apprentices
at any reputable trade until the age of twenty-one years, if
males, or of eighteen years, if females, in like manner, and
on the same conditions, as overseers of the poor may by
law bind out the children of poor persons in their respect-
ive towns ; or said society may place such children in the
families of virtuous and respectable citizens, to be brought
up in such families as adopted children and members
thereof. [Approved by the Governor, April 5, 1849.]
Au Act to establish the City of Lynn.
BE it enacted by the Senate and House of Representa-
tives, in General Court asse?nbled, and by the authority of
the same, as follows :
Sect. 1. The inhabitants of the town of Lynn shall
continue to be a body politic and corporate, under the name
of the city of Lynn, 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 in-
cumbent upon, and appertaining to, said town, as a municipal
corporation.
Sect. 2. The administration of all the fiscal, prudential,
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-five, 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.
Sect. 3. It shall be the duty of the selectmen of the
town of Lynn, as soon as may be, after the passage of this
act, and its acceptance by the inhabitants, as hereinafter
provided, to divide said town into eight wards, as follows,
to wit : — To constitute the peninsula of Nahant one ward,
which ward shall be entitled to one member of the common
council, and one member of the school committee, and to
continue the division lines of school district number one,
which ward shall be entitled to two members of the com-
1849. Chap. 89. 51
mon council, and one member of the school committee ; to
continue the division lines of school district number seven,
to form one ward, which shall be entitled to one member of
the common council, and one member of the school com-
mittee ; and school wards number three and nine shall be
united to constitute one ward, and shall have two members
of the common council, and one member of the school com-
mittee ; and to continue the division lines of school district
number two, to form one ward, which shall have four mem-
bers of the common council, and two members of the school
committee ; also, to continue the division lines of school
districts numbers four, five and six, which shall form three
wards, and each shall be entitled to five members of the
common council, and each two members of the school
committee ; and the school committee so chosen shall have
the care and superintendence of the public schools, and
shall serve without compensation. And the city council Lines of wards
shall, once in five years, revise and alter, if it be needful, 0nceinfive
the boundaries of the wards, by the vote of a majority, years-
present and voting thereon.
Sect. 4. On the second Monday in March, annually. Ward officers,
there shall be chosen, by ballot, in each of said wards, a
warden, clerk, and three inspectors of elections, residents of
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 Their duties,
such warden to preside at all ward meetings, with the power
of moderators of town meetings ; and if, at any meeting,
the warden shall not be present, the clerk of such ward
shall call the meeting to order, and preside until a warden
pro tempore shall be chosen by ballot. And if, at any
meeting, the clerk shall not be present, a clerk pro tempore
shall be chosen by ballot. The clerk shall 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. And it shall be the duty of the inspectors of
elections to assist the warden, in receiving, assorting, and
counting the votes. And the warden, clerk, and inspectors,
so chosen, shall respectively make oath, or affirmation,
faithfully and impartially to discharge their several duties
relative to all elections, which oath may be administered
by the clerk of such ward to the warden, and by the war-
den to the clerk and inspectors, or by any justice of the
peace for the county of Essex. All warrants for meetings Warrants for
of the citizens for municipal purposes, to be held either in mee mgs'
wards, or in general meetings, shall be issued by the mayor
52 1849. Chap. 89.
and aldermen, and shall be in such form, and shall be
served, executed and returned, in such manner, and at such
times, as the city council may, by any by-law, direct.
Election of Sect. 5. The mayor and aldermen, to be selected from
mayor, aider- fae citv at large, shall be elected by the qualified voters,
men, common J ° ' J x
council men, voting in their respective wards ; and not more than two
miueeh°o1 C°m~ aldermen shall be taken from any one ward. The common
council men and school committee shall be elected from,
and by 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 offices for one
year, from the first Monday in April, or until others shall be
elected and qualified.
Time and man- Sect. 6. On the second Monday in March, annually,
city officer"8 °r the qualified voters in each ward shall give in their votes
for mayor, aldermen, and common council men, school com-
mittee, warden, clerk, and inspectors, as provided in the
preceding sections ; and all the votes, so given, shall be as-
sorted, counted, declared and registered, in open ward meet-
ing, 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, and school
committee, certificates of their election, signed by the warden
and clerk, and by a majority of the inspectors of elections,
and shall deliver, to the city clerk, a copy of the records of
such elections, certified in like manner ; provided, hoioever,
that, if the choice of the common council men and school
committee 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
conveniently may be, examine the copies of records of the
several wards, certified as aforesaid, and shall cause the per-
son who may have been elected mayor, to be notified, in
writing, of his election ; but, if it shall appear that no per-
son has received a majority of all the votes, or, if the per-
son elected shall refuse to accept the office, the board shall
issue their warrants for a new election, and the same pro-
ceedings shall be had as are herein before provided, for the
choice of a mayor, and repeated, from time to time, until a
mayor shall be chosen.
Vacancy in In case of the decease, resignation, or absence of the
o ce of mayor. may0rj or j^g iliaDiiity to perform the duties of his of lice,
it shall be the duty of the board of aldermen and the com-
mon council, in convention, to elect a mayor to serve dur-
ing the unexpired term, or until the occasion, causing the
1S49. Chap. 89. 53
vacancy, is removed. And if it shall appear that the whole
number of aldermen have not been elected, the same pro-
ceedings shall be had, as are herein before provided for
choice of mayor. Each alderman shall be notified, in Notice of eiec-
writing, of his election, by the mayor and aldermen for the llon'
time being.
The oath prescribed by this act shall be administered to Oaths,
the mayor by the city clerk, or any justice of the peace for
the county of Essex.
The aldermen and common council men elect shall, on
the first Monday of April, at ten o'clock in the forenoon,
meet in convention, when the oath required by this act
shall be administered to the members of the two boards
present, by the mayor, or by any justice of the peace for
the county of Essex ; and a certificate of such oath, having
been taken, shall be entered on a journal of the mayor and
aldermen, and of the common council, by their respective
clerks.
And whenever it shall appear that no mayor has been
elected previously to the said first Monday in April, the
mayor and aldermen for the time being shall make a record
of that fact ; an attested copy of which, the city clerk shall
read at the opening of the convention to be held as afore-
said.
After the oath has been administered as aforesaid, the Organization.
two boards shall separate, and the common council shall
be organized by the choice of a president and clerk, who
shall be sworn to the faithful performance of their duties.
In case of the absence of the mayor elect, on the first
Monday in April, the city government shall organize itself
in the manner herein before provided, and may proceed to
business in the same manner as if the mayor were present,
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 Absence of
choose a chairman pro tempore, who shall preside at joint mayor
meetings of the two boards.
Each board shall keep a record of its own proceedings, Record of pro-
and judge of the election of its own members ; and, in case cee In&s"
of failure of an election, or in case of any vacancy declared
by either board, the mayor and aldermen shall order a new
election.
Sect. 7. The mayor thus chosen and qualified, shall be Duties of mayor
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 keep a general supervision over the
conduct of all subordinate officers, and to cause their neg-
54
1849.
-Chap. 89.
Salary.
Executive pow-
er in mayor and
aldermen.
Police officers.
City oTicers,
overseers of
poor, <fcc.; &c.
Appropriations
of money.
lect of duty to be punished. He may call special meetings
of the boards of aldermen and common council, or either of
them, when necessary, in his opinion, by causing notices to
be left at the places of residence of the several members ;
he shall communicate, from time to time, to both of them,
such information, and recommend such measures, as, in his
opinion, the interests of the city may require ; he shall
preside in the board of aldermen, and in convention of the
two boards ; but shall have a casting vote only. His salary
shall be, for the first year under this charter, five hundred
dollars, and no more. He shall afterwards receive, for his
services, such salary as the city council shall determine,
and shall receive no other compensation ; but such salary
shall not be increased, or diminished, during his continuance
in office.
Sect. 8. The executive power of said city generally,
and the administration of the police, with all the powers
heretofore vested in the selectmen of Lynn, shall be vested
in the mayor and aldermen as fully as if the same were
herein specially enumerated.
And the mayor and aldermen shall have full and exclu-
sive power to appoint a constable and assistants, or a city
marshal and assistants, with the powers and duties of con-
stables, and all other police officers ; and may remove the
same, when, in their opinion, sufficient cause for removal
exists.
All other powers, now vested in the inhabitants of said
town, and all powers granted by this act, shall be vested in
the mayor and aldermen and common council of said city,
to be exercised by concurrent vote, each board to have a
negative upon the other. But the city council shall, an-
nually, as soon after their organization as may be convenient,
elect, by joint ballot, in convention, the overseers of the
poor, and these shall be selected in manner as follows, viz.,
one overseer of the poor, at least, shall be taken from each
ward ; also, city treasurer and collector, fire wards, city
clerk, assessors and assistant assessors, and shall, in such
manner as said city council shall determine, by any by-
law made for the purpose, appoint or elect all subordinate
officers, not herein otherwise directed, for the ensuing year,
define their duties, and fix their compensations, in cases
where such duties and compensations shall not be defined
and fixed by the laws of this Commonwealth.
All sittings of the common council shall be public, and
all sittings of the mayor and aldermen, when they are not
engaged in executive business. The city council shall
take care that money shall not be paid from the treasury
1849. Chap. 89. 55
unless granted or appropriated ; shall secure a just and
prompt accountability, by requiring bonds, with sufficient
penalty and sureties, from all persons trusted with the
receipt, custody, or disbursement of money ; shall have the
care and superintendence of city buildings, and the custody
and management of all city property, with power to let or
sell what may be legally let or sold, except the common ;
and to purchase property, real or personal, in the name, and
for the use of the city, whenever its interest or convenience
may, in their judgment, require it.
And the citv council shall, as often as once a year, cause Receipts and
expenditures.
to be published, for the use of the inhabitants, a particular
account of receipts and expenditures, and a schedule of city
property.
Sect. 9. In all cases, in which appointments are directed May°r t0 nom-
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, however, that no person shall 5j^ff,asto
be elegible to any office, the salary of which is payable out
of the city treasury, who, at the time of his appointment,
shall be a member either of the board of aldermen or com-
mon council ; and neither the mayor, nor any alderman, or
member of common council, shall, at the same time, hold
any other office under the city government : provided, how-
< >•< r, that the mayor and president of the common council
shall be, ex officio, members of the school committee ; and
provided, further, that said mayor and aldermen, and one
common council man from each ward, shall be overseers of
the poor, if said city council shall so determine.
Sect. 10. Said city council shall have power to choose city clerk.
a city clerk, who shall be clerk of the board of aldermen.
He shall perform such duties as shall be prescribed by the Duties,
board of aldermen, and shall perform all the duties, and ex-
ercise all the powers, by law incumbent upon, or vested in,
the town clerk of the town of Lynn.
Sect. 11. Three assessors shall be annually chosen by Assessors.
the city council, who shall exercise the same powers, and
be subject to the same duties and liabilities, that the assess-
ors in the several towns in the Commonwealth may exercise
or be subject to, under existing laws.
And the city council shall appoint one person in each
ward, whose duty it shall be to furnish the assessors with
all necessary information relative to persons and property
taxable in their several wards, and who shall be sworn to
the faithful performance of their duty.
All taxes shall be assessed, apportioned and collected in
56 1849. Chap. 89.
the manner prescribed by the laws of the Commonwealth :
provided, however, that the city council may establish fur-
ther or additional provisions for the collection thereof.
Streets and Sect. 12. The city council shall have exclusive author-
town-ways. -^ an(^ p0wer to }ay out any new street or town-way, and
to estimate the damages any individual may sustain there-
by ; but all questions relating to the subject of laying out,
accepting, altering or discontinuing any street or way, shall
first be acted upon by the mayor and aldermen.
And any person dissatisfied with the decision of the city
council, in the estimate of damages, may make complaint
to the county commissioners of the county of Essex, at any
meeting held within one year after such decision, where-
upon the same proceedings shall be had as are now provided
by the laws of the Commonwealth, in cases where persons
are aggrieved by the assessment of damages by the select-
men, in the twenty-fourth chapter of Revised Statutes.
Health. Sect. 13. All power and authority now by law vested
in the board of health for the town of Lynn, or in the se-
lectmen of said town, shall be transferred to, and invested
in, the city council, to be carried into execution in such
manner as the city council shall deem expedient.
Drains, &c. Sect. 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 damage as
they may sustain thereby ; and to require all persons to pay
a reasonable sum for the privilege of opening any drain into
said public drain or common sewer,
inspection of 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.
City council to Sect. 15. It shall be the duty of the city council, in
be^ot'^epresen- tne montn °f October, annually, to meet in convention and
tatives. determine the number of representatives to be sent to the
General Court, by said city in such year, and to publish
such determination, which shall be conclusive ; and the
number thus determined shall be specified in the warrant
calling a meeting for the election of representatives.
Election of Sect. 16. All elections for county, state, and United
andlf.'l^offi- States officers, who are voted for by the people, shall be
cers. held at meetings of the citizens qualified to vote in such
elections, in their respective wards, at the time fixed by law
for these elections respectively ; and, at such meetings, all
the votes, given for said several officers respectively, shall
be assorted, counted, declared and registered in open ward
meeting, by causing the names of all persons voted for, and
1849. Chap. 89. 57
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 deliv-
ered in the same manner as similar returns are by law
directed to be made by selectmen of towns. And in all
elections for representatives to the General Court, in case '
the whole number proposed to be elected shall not be chosen
by a majority of the votes legally returned, the mayor and
aldermen shall forthwith issue their warrant for a new elec-
tion, conformably to the provisions of the constitution and
the laws of the Commonwealth.
Sect. 17. Prior to every election, the mayor and alder- Lists of voters.
men shall make out lists of all the citizens of each ward,
qualified to vote in such elections, in the manner in which
selectmen of towns are required to make out lists of voters ;
and, for that purpose, they shall have full access to the as-
sessors' 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 lists.
Sect. 18. General meetings, of the citizens qualified to General meet-
vote, may, from time to time, be held, to consult upon the mgs~
public good, to instruct their representatives, and to take
all lawful measures to obtain redress for any grievances, ac-
cording 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 requisition of fifty qual-
ified voters.
Sect. 19. The city council shall have power to make By-laws,
all such salutary and needful by-laws as towns, by the laws
of this Commonwealth, have power to make and establish,
and to annex penalties, not exceeding twenty dollars, for
the breach thereof; which by-laws shall take effect, and be
in force, from and after the time therein respectively lim-
ited, without the sanction of any court, or other authority
whatever : provided, however, that all laws and regulations, Proviso.
now in force in the town of Lynn, shall, until they shall
8
58 1849. Chap. 89.
expire by their own limitation, or be revised or repealed by
the city council, remain in force, and all fines and for-
feitures, for the breach of any by-law, or ordinance, shall
be paid into the city treasury.
Fines, &c, for Sect. 20. All fines, forfeitures, and penalties, accruing
byTaws° f°r tne breach of any by-laws of the city of Lynn, 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 the police court in said city of Lynn,
by complaint or information, in the same way and manner
in which other criminal offences are now prosecuted before
the police courts 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 Essex, from the
judgment and sentence of the police court.
And the appeal shall be allowed on the same terms, and
the proceedings shall be conducted therein in the same
manner, as provided in the one hundred and thirty-eighth
chapter of the Revised Statutes of this Commonwealth.
And it shall be sufficient, in all such prosecutions, to set
forth, in the complaint, the offence fully, plainly, substan-
tially, 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 Lynn, and
shall enure to such uses as said city council shall direct.
When any person, upon any conviction before the police
court, for any breach of any by-law of said city of Lynn,
or any of the ordinances of the city council, or any of the
orders of the mayor and aldermen, shall be sentenced to
pay a fine, or ordered to pay any penalty or forfeiture, pro-
vided by any such by-law, ordinance, or order, or, upon
claiming an appeal, shall fail to recognize for his appear-
ance 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 cost 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 oth-
erwise discharged according to law.
The provisions of this section shall also apply to all
prosecutions founded on the by-laws or ordinances of the
town of Lynn, which may continue in force after this act
shall go into operation, and all the powers of the police
court, already established, shall be continued to it.
1849. Chap. 89. 59
Sect. 21. For the purpose of organizing the system of First organiza-
government hereby established, and putting the same into ^"^ent.
operation, in the first instance, the selectmen of the town
of Lynn for the time being, shall, on some day during the
months of May or June, of the present year, issue then-
warrants, seven days at least previous to the day so ap-
pointed 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 officers, 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 pre-
side until a warden shall have been chosen. And, at said
first meeting, a list of voters in each ward, prepared and
corrected by the selectmen for the time being, shall be
delivered to the clerk of each ward, when elected, to be
used as herein before 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-nine, and
shall also fix upon the place and the hour of said first meet-
ing, and a written notice thereof shall be sent, by said
selectmen, to the place of abode of each of the city officers
chosen as provided in this section.
And after this first election of city officers, and this first
meeting for the organization of the city council, as in this
section is provided, the day of holding the annual elec-
tions, and the day and hour for the meeting of the city
council, for the purpose of organization, shall remain as
provided in the sixth section of this act.
And it shall be the duty of the city council, immediately
after the first organization, to elect all necessary city offi-
cers, who shall hold their offices respectively until others
are chosen and qualified.
Sect. 22. All officers of the town of Lynn, having the city clerk to
care and custody of any records, papers, or property, be- ^records be!
60
1849.
-Chap. 89—91.
Repeal.
Power of legis-
lature over this
charter.
This act to be
longing to said town, shall deliver the same to the city-
clerk, within one week after his entering upon the duties
of his office.
Sect. 23. All such acts, and parts of acts, as are incon-
sistent with the provisions of this act, shall be, and the
same are hereby repealed.
Sect. 24. Nothing in this act contained shall be so con-
strued as to prevent the Legislature from altering or amend-
ing the same whenever they shall deem it expedient.
Sect. 25. This act shall be void, unless the inhabitants
bythe citizens'1 °^ tne town °f Lynn, at a legal meeting called for that
purpose, at which meeting the selectmen shall preside, and
the check-list used in the same manner as at meetings
called to choose State officers, and the polls be kept open
at least six hours, shall, by a vote of a majority of the
voters present, and voting thereon, yea or nay, by a written
ballot, determine to adopt the same within twenty days
from and after its passage.
Sect. 26. This act shall go into operation from and
after its passage. [Approved by the Governor, April 9, 1849.]
Chap. 90.
Corporators.
For education
of youth.
Powers and du-
ties.
R. S. ch. 44.
Estate.
An Act to incorporate the Pittsfield Young Ladies' Institute.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Heman Humphrey, John Todd, Moses H.
Baldwin, their associates and successors, are hereby made
a corporation, by the name of the Pittsfield Young Ladies'
Institute, for the education of youth, to be established in
Pittsfield, in the county of Berkshire ; with all the powers
and privileges, and subject to all the duties, restrictions, and
liabilities, set forth in the forty-fourth chapter of the Re-
vised Statutes.
Sect. 2. The corporation may hold real estate, not ex-
ceeding in value thirty thousand dollars, and personal es-
tate, to the amount of ten thousand dollars, to be devoted
exclusively to purposes of education. [Approved by the
Governor, April 9, 1849.]
Chap. 91. An Act giving the Cohannei Bank further Time to close its Concerns.
1828 h 126 BE ^ €nac^c°7' by the Senate and House of Representa-
I836^ch. no. fives, in General Court assembled, and by the authority of
1847' ch' IT' the samei as follows :
1848', ch. 250. The President, Directors and Company of the Cohannet
Eighteen Bank are hereby continued a body corporate, for the period
mouths further ■
allowed. of one year and six months from the first day of October,
18-49. Chap. 91—93. 61
in the year one thousand eight hundred and forty-nine ;
with all the powers and privileges, and subject to all the
limitations, set forth in the seventh section of the forty-
fourth chapter of the Revised Statutes. [Approved by the
'Governor, April 9, 1849.]
An Act concerning Stony Beach, in Hull. Chap. 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 :
Any person or persons who shall take or carry away any Penalty for
sand, gravel, or stone, from Stony Beach, in the town of ry^a^ayar"
Hull, shall forfeit and pay, to the use of the town of Hull, san<f, gravel,
for each offence, a sum not exceeding one hundred dollars, c'
nor less than twenty-five dollars, to be recovered by indict-
ment, in any court competent to try the same. [Approved
by the Governor, April 9, 1849.]
An Act concerning Electric Telegraph Companies and Electric Telegraphing. CllCd) 93
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Every company, for the transmission of intelli- ah telegraph
gence by electricity, which now is, or may be, incorporated, ^if?5"^3 nsc"b
and every owner, or association, engaged in telegraphing
for the public, by electricity, in this State, shall be subject
to the liabilities and governed by the provisions contained
in this act.
Sect. 2. Any company incorporated for the purpose, Telegraph lines
may construct lines of electric telegraphs, upon and along j^i56,081^",,
any of the highways and public roads, and across any of highways, &c.
the waters within the limits of this State, by the erection
of necessary fixtures, including posts, piers, or abutments,
for sustaining the wires of such lines ; provided the same Proviso.
shall be so constructed as not to incommode the public use
of said highways or roads, or endanger or interrupt the
navigation of said waters ; nor shall this act be so construed
as to authorize the erection of any bridge across any of the
waters of this State.
Sect. 3. The selectmen of any town, or mayor and al- Selectmen, &c,
dermen of any city, through which the lines of such com- ^d'what^S'
pany are to pass, shall give said company their writing, may be fix.d,
specifying where the posts may be located, the kind of &c'
posts that may be used, the height at which, and the
places where, the wires may be run, which writing shall
be recorded in said town or city, and such company, in
building its line, shall follow the regulations of such writ-
62
1849.-
-Chap. 93.
And may direct
alterations, &c.
Proviso.
Owners of land
may apply for
damages, to se-
lectmen, &c.
May have a
jury.
R. S. ch. 24.
Compensation.
Duties of tele-
graph compa-
nies.
ing. After the erection of said telegraph lines, the said
selectmen and mayor and aldermen shall have power to
direct any alteration in the location or erection of said
posts, piers, or abutments, and also in the height at which
the wires may run, having first given such company or its
agents opportunity to be heard on such alteration, and such
decision shall be recorded in the registry of said town or
city.
Sect. 4. Any person owning land or tenements, near
to or adjoining a highway or road, along which said lines
shall be constructed by any incorporated company, who
shall consider himself in any manner damaged thereby,
may apply to the selectmen of any town, or mayor and al-
dermen of any city, in which said lands lie, within three
months after such construction, to assess and appraise his
damage. The appraisers, aforesaid, before they enter upon
their duties, shall severally take an oath, or affirmation, be-
fore a justice of the peace, faithfully and impartially to per-
form the duties required of them by this act ; and said ap-
praisers shall, on view, make a just appraisal of the loss or
damage to the applicant by reason of said construction, du-
plicates of which appraisal shall be made in writing, signed
by said appraisers, one copy of which shall be delivered to
said applicant, and the other to said company, or its agent,
on demand. If said appraisers assess any damage to said
applicant, said company shall pay said damages, with the
costs of the appraisers ; but, if said appraisers award that
the applicant has suffered no damage, the said applicant
shall pay the costs of the appraisers.
Any person, aggrieved by the assessment of damages
provided for in this section shall be entitled to have the
matter of his complaint determined by a jury, and, in case
application for a jury be made, the proceedings shall be ac-
cording to the provisions of the seventy-sixth section of the
twenty-fourth chapter of the Revised Statutes, concerning
town ways and private ways. If the jury increase the
damages, the damages and all charges shall be paid by the
company, otherwise the charges, arising on such applica-
tion, shall be paid by the applicant.
Sect. 5. The said selectmen and mayor and alder-
men shall have and receive, for their services performed
under this act, each the sum of two dollars per day.
Sect. G. Every such company and every owner or as-
sociation, engaged in telegraphing for the public, by elec-
tricity, in this State, shall receive despatches from and for
other telegraph lines, companies, and associations, and from
and for any individual ; and, on payment of the usual
1849. Chap. 93—95. 63
charges for transmitting despatches, according to the regu-
lations of such company, owner, or association, shall trans-
mit the same faithfully and impartially; and, for every
wilful neglect or refusal so to do, the company, owner, or Penalty for neg-
association, as the case may be, shall be liable to a penalty lect-
of not more than one hundred dollars, with costs of suit,
to be recovered in the name and for the benefit of the per-
son or persons, association, or company, sending, or desir-
ing to send, such despatch.
Sect. 7. Any person who shall unlawfully and inten- Penalty for ra-
tionally, injure, molest, or destroy, any of the lines, wires, Joufr{[Jf 'linecS;' any
posts, piers, or abutments, or any of the materials or prop- wires, &c'
erty of such company, owner, or association, shall, on con-
viction thereof, be deemed guilty of a misdemeanor, and be
punished by fine not exceeding five hundred dollars, or im-
prisonment not exceeding two years, or both, at the discre-
tion of the court having cognizance thereof.
Sect. 8. Any railroad corporation, chartered by this Railroad corpo-
State, may become a stockholder in a telegraph company, hoid°todkm
whose line of telegraph connects, or is to connect, two or telegraph com-
more places, on the line of said railroad, to an amount not pan
exceeding two hundred dollars for each mile of said rail-
road so connected.
Sect. 9. Telegraphic corporations shall have all the General powers
powers and privileges, and be subject to all the duties, re- r s che44.
strictions, and liabilities, set forth in the forty-fourth chap-
ter of the Revised Statutes. [Approved by the Governor,
April 9, 1849.]
An Act concerning the Newburyport Railroad Company. Ckctp. 94.
BE it enacted by the Senate and House of Representa- lg46 ch
fives, in General Court assembled, and by the authority of 1848^ ch. 285.
the same, as follows :
The time specified for completing the Newburyport Rail- Time for com-
road, as specified in the fourth section of an act, entitled temiefo'neUa'r"
"An Act to establish the Newburyport Railroad Company,"
passed on the eleventh day of March, in the year one thou-
sand eight hundred and forty-six, is extended one year
beyond the time fixed in said act. [Approved by the Gov-
ernor, April 9, 1849.]
An Act to incorporate the Proprietors of the Lee Street Church, in Lowell. Chflp. 95.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. James G. Carney, Jonathan White, Hazen El- Corporators.
liott, their associates and successors, are hereby made a cor-
poration, by the name of the Proprietors of the Lee Street
64
1849.-
-Chap. 95—96.
Powers and du- Church, in Lowell : with all the powers and privileges, and
R. s. ch. 20, 44. subject to all the duties, restrictions, and liabilities, set forth
in the twentieth and forty-fourth chapters of the Revised
Statutes.
Estate. Sect. 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,
Proviso. however, that the same be applied exclusively to parochial
purposes.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 9, 1849.]
Chap. 96.
Trustees
named.
To manage
funds under
will of Oliver
Smith.
Powers and
duties.
R. S. ch. 44.
Powers of cor-
poration.
Proviso.
Nothing herein
to interfere with
the provisions
of the will.
An Act to incorporate the Trustees of the Smith Charities.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. That Osmyn Baker, of Northampton, John
Dickinson, junior, of Amherst, and Austin Smith, of Hat-
field, who have been duly chosen trustees of the funds
created, for charitable purposes, by the will of Oliver Smith,
Esquire, late of Hatfield, deceased, by the towns interested
therein, and their successors in said trust, are hereby made
a corporation, by the name of the Trustees of the Smith
Charities, for the purpose of managing said funds, and dis-
pensing said charities with greater facility and security ;
with all the powers and privileges, and subject to all the
restrictions and liabilities, set forth in the forty-fourth chap-
ter of the Revised Statutes.
Sect. 2. Said corporation may hold all such notes,
bonds, deeds, and certificates of stock, as may have been
given or transferred to the trustees aforesaid, in their said
capacity ; and may sue, and recover upon the same, with-
out any special or further conveyance or transfer thereof to
the said corporation ; and may hold real estate, if deemed
necessary for the convenient management of their affairs,
not exceeding twenty thousand dollars in value : provided,
however, that real estate to any amount, which may be
taken as security for, or in payment of, any debt due to
said corporation, may be held and disposed of by said cor-
poration.
Sect. 3. Nothing in this act contained, shall be con-
strued as altering the mode of electing the trustees, which
is provided in said will ; nor as relieving such trustees from
the obligation of giving bonds, as is therein required, or
from any liability which they may incur by virtue of said
bonds ; nor as restricting, enlarging, or in any way chang-
1849. Chap. 96—97. 65
ing, the provisions of said will, or the scheme of charity
therein set forth.
Sect. 4. No part of the funds aforesaid shall, by the The funds to be
operation of this act, be exempted from taxation ; but, for the tion.ect to
purpose of taxation, said funds shall be equally apportioned
among the eight towns named in said will, to wit : North-
ampton, Hadley, Amherst, Hatfield, Williamsburg, Whately,
Deerfield, and Greenfield, or such of them as shall not have
forfeited their rights therein ; and said apportionment shall
be made, and the assessors of each of said towns shall be
notified of the same by the trustees provided for in said
will, on or before the first day of May annually ; and the
portions of said funds, thus assigned to the said towns How to be
respectively may be assessed therein, in all the taxes legally taxe '
voted and assessed by said towns : provided, however, that Proviso as to
all the real estate shall be taxed in the towns where the real estate-
same is situate.
Sect. 5. This act shall be null and void, unless, within This act to be
six months fnyn its passage, it shall be accepted by the accePte •
electors according to the provisions of said will.
Sect. 6. This act shall take effect from and after its
passage. [Approved by the Governor, April 10, 1849.]
An Act to incorporate the Conway Mutual Fire Insurance Company. ChdD 97
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
James S. Whitney, Asa Howland, and Franklin Childs, Persons incor-
. i • • , j i n j porated for mu-
their associates and successors, are hereby made a corpora- tual fire insur-
tion, by the name of the Conway Mutual Fire Insurance ance,inC<m-
Company in the town of Conway, for the term of twenty- year's. °r
eight years, for the purpose of insuring dwelling-houses
and other buildings, and personal property, within this
Commonwealth, against loss by fire, with all the powers Powers and
and privileges, and subject to all the duties, liabilities, and dut,es-
restrictions, set forth in the thirty-seventh and forty-fourth R. s. ch. 37, 44.
chapters of the Revised Statutes, and of all other general
laws which have been, or shall be hereafter enacted, relat-
ing to mutual fire insurance companies : provided, that no Proviso.
policy shall be issued by this company, until the sum of
one hundred thousand dollars shall have been subscribed to
be insured. [Approved by the Governor, April 13, 1849.]
9
66
1849.
-Chap. 98—100.
Chap. 98.
Penalty for
raising water of
dam within or
out of this
State, so as to
injure any mill
belonging to a
citizen.
Proviso, where
courts have
power to abate
a dam.
An Act concerning the Rights of Mill Owners.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
If any person, by erecting or maintaining a dam, either
within or without the limits of this Commonwealth, shall
knowingly cause the water of any river or stream to be
raised so as to flow upon or injure any mill, lawfully exist-
ing in this Commonwealth, and belonging to any citizen
or citizens thereof, without right, as against the owner or
owners of such mill, he shall be deemed guilty of a misde-
meanor, and, upon conviction thereof, shall be punished by
a fine not exceeding one thousand dollars, or imprisonment
not exceeding six months : provided, that this act shall
have no effect in cases where the courts of this Common-
wealth have jurisdiction to abate any dam so raised or
maintained, as aforesaid. [Approved by the Governor, April
13, 1849.]
Chap. 99.
1848, ch. 101.
The Housa-
tonic Society
may receive the
same bounty as
county agricul-
tural societies.
R. S. ch. 42.
An Act in addition to "An Act to incorporate the Housatonic Agricultural
Society."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Housatonic Agricultural Society shall be entitled, on
the same terms as other incorporated agricultural societies,
to receive annually, out of the treasury of the Common-
wealth, such sum as any other agricultural society may
receive, under the provisions of chapter forty-two of the
Revised Statutes, notwithstanding the restrictions of sec-
tion seven of that chapter ; and said society shall embrace,
within its limits, the territory of the county of Berkshire.
[Approved by the Governor, April 13, 1849.]
Chap 100.
Cession.
For a light-
house in Nan-
tucket.
Boundaries.
An Act to cede to the United States Jurisdiction over certain Land in Nan-
tucket.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as follows :
Jurisdiction is hereby granted to the United States of
America, for the purpose of erecting a lighthouse thereon,
over that tract of land containing about ten acres, situate
at Sancoty Head, in the town of Nantucket, which is
bounded and described thus, namely : — Bounded northerly
by land of Frederick W. Mitchell ; easterly, by the shore
of the sea ; southerly, by land of George Myrick ; and
westerly, by a way, being the same land which has been
1849. Chap. 100—103. 67
sold to the United States for the purpose of erecting a light-
house thereon : provided, however, that this Commonwealth Proviso, as to
shall retain, and does hereby retain, in and over said tract Junsdlctlon-
of land, jurisdiction concurrent with the United States, so
far as that all civil and criminal processes, issued under the
authority of this Commonwealth, or any officer thereof,
may be executed on any part of said land, or any buildings
which may be erected thereon, in the same way and man-
ner as though this act had not been passed. [Approved by
the Governor, April 13, 1849.]
An Act concerning the Massachusetts Charitable Eye and Ear Infirmary. Chap 101.
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 Massachusetts Charitable Eye and Ear Infirmary May hold, not
may hold real estate not exceeding the value of seventy s^ooo^addi-
thousand dollars, in addition to the amount they are author- tion'al> in real
ized to hold by the act incorporating said infirmary. [Ap-
proved by the Governor, April 13, 1849.]
An Act authorizing a Highway across East Harbor, in Truro. Chai) 102.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The county commissioners of the county of Barnstable County commis-
., i •/• • ,i • • ,, it sioners may lay
are hereby empowered, it, m their opinion, the public con- out a highway
venience and necessity require it, to lay out a highway m Tmro-
over tide waters, from the end of Beach Point, across an in- Location.
let of shallow water known as East Harbor, in Truro, to the
opposite shore in Provincetown, at the most practicable
point : provided, not less than three fourths of the expense Proviso as to
of constructing the same, over said tide waters, be paid out exPense-
of the treasury of said county : and provided also, that the
remaining cost of building said highway, and keeping the
same in repair, shall be equally borne by the towns of Truro
and Provincetown. [Approved by the Governor, Avril 13,
1849.]
An Act to authorize George H. Rogers to build a Wharf. Chap 103.
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 H. Rogers is hereby authorized to build and main- wharfin Giou-
tain a wharf, at Port Point, in the harbor of Gloucester, and cester-
to extend said wharf from land owned by him, one hundred Extent and di-
and twenty feet from the northeasterly corner of the present rection-
68
1849.
-Chap. 103—104.
Proviso.
abutment wall, on a line with the northerly side of said
wall, thence, running southerly, at a right angle, not ex-
ceeding two hundred and sixty feet, thence, westerly, by
the southerly side of said Fort Point, three hundred feet,
not exceeding sixty feet from low water mark, at either ex-
tremity of the last named line ; and shall have the right to
lay vessels at said wharf, and receive wharfage and dockage
therefor : provided, that this act shall in no wise impair the
legal rights of any person whatever. [Approved by the
Governor, April 13, 1849]
Chap 104.
May insure in
tho states speci-
fied.
Property in-
sured, of two
classes ; 1st,
less hazardous ;
2d, more haz-
ardous.
Policy to desig-
nate the class.
Proviso.
General ex-
penses, how
apportioned.
Annual returns
to be made to
the secretary of
the Common-
wealth.
An Act concerning Mutual Fire 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 :
Sect. 1. All mutual lire insurance companies, that have
been, or that shall hereafter be, incorporated in this Common-
wealth, are hereby empowered to insure any property in-
cluded in the terms of their charters, and situated in the
States of New York, Vermont, New Hampshire, Maine,
Rhode Island, and Connecticut.
Sect. 2. All property that shall hereafter be insured by
said companies may be divided, by the directors thereof,
into two distinct and separate classes. In the first class,
shall be insured the less hazardous description of property ;
and, in the second class, shall be insured the more hazard-
ous description of property. The policy of each member of
any company, so classifying its risks, shall designate the class
of risks with which he is associated ; and the premiums and
deposit notes of each class, and the assessments, for which
members may become liable, shall be held and assessed to pay
the losses, occurring in the class to which they belong, and
no other : provided, however, that no policy shall be issued
by any company to cover property in any separate class, until
the amount of one hundred thousand dollars shall be sub-
scribed to be insured in such class.
Sect. 3. The general expenses of any company, not
strictly applicable to either class, shall be apportioned to
each class, according to the amount insured in each ; and, in
any division of the funds of any company, and in all re-
turns of premiums and deposits, each member shall be en-
titled to receive only his proportional part of the funds be-
longing to the class of risks with which he is associated.
Sect. 4. The secretary of each mutual fire insurance
company in this Commonwealth shall make annual returns
of the state and condition of the affairs of the company,
made up to the first day of December, in each year, accord-
ing to the form prescribed for the returns to be made by
1849. Chap. 104—105. 69
mutual marine and mutual fire and marine insurance com-
panies, in the first section of the ninth chapter of the acts ^ct°^f S.9,
of the year one thousand eight hundred and forty-two, and § i.'
every company adopting the classification of risks provided
for in the second section of this act, shall designate, in their
returns, the amount insured, the premiums and de post notes
taken, and the losses sustained in each class, which returns
shall be transmitted to the Secretary of the Commonwealth,
on or before the fifteenth day of December, in each year,
and shall be signed by the president and secretary of such
insurance company, who shall make oath before some jus-
tice of the peace, to the truth of said return, according to
their best knowledge and belief.
Sect. 5. Every such insurance company, neglecting to Penalty for neg-
comply with the provisions of the preceding section, shall r2 °
forfeit, to the use of the Commonwealth, to be recovered by
the treasurer thereof, one hundred dollars for each and every
day's neglect.
Sect. 6. The Secretary of the Commonwealth shall gSSXjKh
furnish four printed copies of the form of the return required to furnish blank
by this act to the secretary of every such insurance com- lorms"
pany, in the months of March or April, annually.
Sect. 7. The first and second sections of this act shall First two see-
not take effect in reference to any company, until the same ^"adopted by6
shall be adopted at a meeting of such company called for insurance com-
the purpose ; and any member of a company adopting the pany'
said sections, or either of them, who shall dissent from such Proviso as to
nicniocis dis-
adoption, shall have the right, at any time within three seining.
months after such adoption, to cancel his policy, after hav-
ing discharged all assessments and sums due from him under
his policy. {Approved by the Governor, April 14, 1849.]
An Act to annex a part of the Town of Newton to the Town of Waltham. CIlttY) 105.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. So much of the town of Newton, in the Description of
county of Middlesex, as lies northerly of a line, beginning part
at the point where the present boundary lines of Weston,
Waltham, and Newton, meet, and running, in a straight
line, to the point where the present boundary lines of Wal-
tham, Watertown, and Newton, meet, with all the inhabit-
ants and estates thereon, is hereby set off from the town of
Newton, and annexed to the town of Waltham : provided, Proviso.
that no part of the town of Waltham shall be included in
the town of Newton, by this act.
Sect. 2. The said inhabitants and estates, so set off, Of taxes.
70
1849.-
-Chap. 105—106.
Waltham to
pay Newton
#1,000.
Support of
paupers.
Congressional
district, how
effected.
Chap 106,
May be pur-
chased by city
of Boston.
Mayor and
aldermen au-
thorized to lay
out a highway
over a portion
of the bridge,
and a highway
to be laid out
over the other
portion.
shall be liable to pay all taxes that have been legally-
assessed on them by the town of Newton, in the same
manner as if this act had not been passed.
Sect. 3. The town of Waltham shall pay, to the town
of Newton, within one year from the passage of this act,
the sum of one thousand dollars, which said sum it shall
be lawful for the said town of Waltham to assess upon the
real estate of the district hereby set off, and to collect, in
the same manner that State, town, and county taxes are
now assessed and collected.
Sect. 4. If any persons, who have heretofore gained a
legal settlement in the town of Newton, by reason of resi-
dence on the territory set off, as aforesaid, or by having
been proprietors thereof, or who may derive such settlement
from any such resident or proprietor, shall come to want,
and stand in need of relief and support, they shall be re-
lieved and supported by the town of Waltham, in the same
manner as if they had gained a legal settlement in that
town.
Sect. 5. The territory hereby set off shall remain a
part of the eighth congressional district until an election
shall have been made, in the fourth congressional district,
of a member of the thirty-first Congress, and, from and
after that time, said territory shall constitute a part of the
fourth congressional district.
Sect. 6. This act shall take effect from and after its
passage. [Approved by the Governor, April 16, 1849.]
An Act relating to Chelsea Point Bridge.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The city of Boston is hereby authorized and
empowered to purchase the franchise of Chelsea Point
Bridge, with all the rights and property incident thereto.
Sect. 2. The mayor and aldermen of the city of Bos-
ton, as county commissioners therein, are hereby author-
ized and empowered to lay out a highway over so much of
Chelsea Point Bridge, and the tide waters thereat, as is
within the city of Boston ; and the commissioners ap-
pointed by the court of common pleas, holden at Boston,
by the order of said court, dated the fifteenth day of March,
in the year one thousand eight hundred and forty-eight, to
perform the duties of county commissioners, as in said
order specified, or those at any time hereafter holding the
like authority, are hereby authorized and empowered to lay
out a highway over so much of said Chelsea Point Bridge,
1849. Chap. 106—107. 71
and the tide waters thereat, as is within the town of North
Chelsea : provided, the assent of the proprietors of Chelsea Pronto, as to
Point Bridge shall be first obtained. proprietors.
Sect. 3. The commissioners appointed by the court of Highway au-
common pleas, as aforesaid, or those who may hereafter be ^S^ide61
appointed to the like authority, are hereby authorized and waters,
empowered to lay out and construct a highway over the
tide waters between the easterly shore of Pulling Point,
and the neck of land leading to Point Shirley, in North
Chelsea, so as to form a continuous highway from East
Boston to Point Shirley.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 17, 1849.]
An Act authorizing the Disposal of the Property of the East Parish in Ames- Qhcin 107.
bury. -*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The judge of probate, for the county of Essex, Judge of pro-
is hereby authorized to appoint three trustees to take and toa appoint three
hold in trust all the property, real and personal, belonging trustees, to hold
to the East Parish in Amesbury, including the proceeds of personaf estate
' the sale of the old meeting-house and rents of the parson- ?f fast Parish
iii i-i iiiln Amesbury.
age house and lands ; and said trustees are hereby author-
ized and empowered to sell and convey, in the manner thorized to sell
they may think best, all the real estate of the said East the real estale-
Parish, and to execute good and sufficient deeds for the
same.
Sect. 2. The trustees shall invest, and keep invested, The proceeds,
the proceeds of the said property, and shall annually pay anXincom^ '
the interest thereof to the Rev. Benjamin Sawyer, who how paid over.
was installed pastor of said parish in the year one thousand
eight hundred and sixteen, and whose connection with
said parish has never been dissolved.
Sect. 3. After the death of the said Rev. Benjamin Further duties
Sawyer, the said trustees shall pay over all the amount of funds inftelr l°
funds in their hands, formerly belonging to said East Parish hands.
in Amesbury, one moiety thereof to the treasurer of the
Congregational Society of Salisbury and Amesbury, in
Amesbury, and the other moiety thereof to the treasurer of
the Union Evangelical Society of Salisbury and Amesbury
ill Salkrvm-ir The societies in
111 OailSDUiy. Amesbury and
Sect. 4. The said societies in Amesbury and Salisbury Salisbury to
shall each hold their respective portions of said property in respective por-
trust, and shall invest and keep the same invested as each tions 0l~ tho
society may direct, and the income and interest only shall m°srt"or tile
be applied to the support of the ministry of each society. support of thc
72
1849.
-Chap. 107—109.
Vacancies in
board of
trustees.
Sect. 5. Whenever a vacancy occurs in the board of
trustees, the judge of probate for said county is authorized
to fill the same.
Sect. 6. This act shall take effect from and after its
passage. [Approved by the Governor, April 17, 1849.]
Chap 108.
1848, ch. 307.
Location may
be varied.
Chap 109.
Highway to be
lain out over
Chelsea Free
Bridge and the
tide waters
thereat.
Bridge how to
be maintained.
Draw.
An Act concerning the Troy and Greenfield Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Troy and Greenfield Railroad Corporation are here-
by authorized to vary the location of their road, as defined
in their charter, so that the same may be located and con-
structed through the towns of Ashfield and Plainfield.
[Approved by the Governor, April 17, 1849.]
An Act relating to Chelsea Free Bridge.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The mayor and aldermen of the city of Bos-
ton, as county commissioners therein, be, and hereby are,
authorized and empowered to lay out and construct a high-,
way over so much of Chelsea Free Bridge, and the tide
waters thereat, as are within the city of Boston ; and the
county commissioners appointed by the court of common
pleas, of the Commonwealth of Massachusetts, holden at
Boston, in and for the county of Suffolk, by the order of
said court, dated the sixteenth day of October, in the year
one thousand eight hundred and forty-eight, to perform the
duties of county commissioners, as in said order specified,
or those at any time hereafter holding the like or similar
authority, be, and hereby are, authorized and empowered
to lay out and construct a highway, over so much of Chel-
sea Free Bridge, and the tide waters thereat, as are within
the town of Chelsea. The said bridge to be maintained
with good and sufficient materials, and not less than twen-
ty-five feet wide, with sufficient railings for the protection
of passengers, and a good and sufficient draw, not less
than twenty feet wide, with proper piers above and below
said draw, for the accommodation of vessels passing through
the same.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Gove?,nor, April 17, 1849.]
1849. Chap. 110—111. 73
An Act in addition to ''An Act for the more Equal Assessment of Taxes." ChdD 110
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
It shall be the duty of the cashiers of the several banks, Return of stock
the treasurers of the several savings institutions, and the [^Stations
clerks of all insurance companies, in this Commonwealth, and insurance
annually, between the first and the tenth day of May, to make beTadTannu-
returns, in person, or by mail, to the assessors of every city a"y to assess-
and town in this Commonwealth, in which any borrower
of money, on the collateral security hereinafter mentioned,
shall reside in manner following, viz : — The return shall What the return
state the number of shares of corporate stock, of any and sha" conta,n-
all kinds, held, by such corporation, as collateral security for
the debt, or liability of each person, residing in such city
or town, on the first day of May, in that year, giving the
name of such person, the number of shares, the denomina-
tion of such stock, and the par value thereof, if known to
such officer making the return. [Approved by the Gov-
ernor, April 17, 1849.]
An Act to increase the Capital Stock of the Appleton Bank. Chap 111.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloxos :
Sect. 1. The President, Directors, and Company, of the $50,oooaddi-
Appleton Bank, in Lowell, may increase their present capi- tIona capita '
tal stock, by an addition thereto of fifty thousand dollars,
to be divided into shares of one hundred dollars each,
which shall be paid in such instalments as the president
and directors of said bank may determine : provided, that Proviso.
the whole amount shall be paid in, on or before the first
Monday of April, in the year one thousand eight hundred
and fifty.
Sect. 2. The additional stock aforesaid, when paid into Additional
said bank, shall be subject to the like tax, regulations, re- u °der s°ame lia-
strictions, and provisions, to which the present capital stock ^jl^caks °™&~
is subject.
Sect. 3. Before said bank shall proceed to do business Certificate, that
upon such additional capital, a certificate, signed by the nal beenpdd
president and directors, and attested by the cashier, under in, to be re-
oath, that the same has been actually paid into said bank, 0ffice of°thee
shall be returned into the office of the secretary of the fv"^Ty oi
Commonwealth. [Approved by the Governor, April 18,
1849.]
10
74
1849.
-Chap. 112—113.
Chap 112.
1848, ch. 188.
#50,000 addi-
tional capital.
Proviso.
New stock sub-
ject to same
tax, &c, as
original stock.
Certificate to be
returned to
secretary of the
Commonwealth.
An Act to increase the Capital Stock of the Holyoke Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The President, Directors, and Company of the
Holyoke Bank in Northampton, may increase their present
capital stock by an addition thereto of fifty thousand dol-
lars, to be divided into shares of one hundred dollars each,
which shall be paid in such instalments as the president and
directors of said bank may determine : provided, that the
whole amount shall be paid in on or before the first Monday
of April in the year one thousand eight hundred and fifty.
Sect. 2. The additional stock aforesaid, when paid into
said bank, shall be subject to the like tax, regulations, re-
strictions, and provisions, to which the present capital stock
is subject.
Sect. 3. Before said bank 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 to the secretary of the Commonwealth.
{Approved by the Governor, April 18, 1849.]
Chap US.
1812, ch. 49.
#50,000 addi-
tional stock.
Proviso.
Liable to same
tax, &c, as
original stock.
Certificate to be
returned to sec-
retary of the
Commonwealth.
An Act to increase the Capital Stock of the Taunton Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The President, Directors, and Company of the
Taunton Bank, in Taunton, may increase their present
capital stock, by an addition thereto of fifty thousand dol-
lars, which amount may be so added to their present num-
ber of shares as to make them one hundred dollars each,
which shall be paid in such instalments as the president
and directors shall determine : provided, that the whole
amount shall be paid in on or before the first Monday of
April in the year one thousand eight hundred and fifty.
Sect. 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 is subject.
Sect. 3. Before said corporation shall proceed to do
business on 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. [Approved by the Governor, April
18, 1849.]
1849. Chap. 114—116. 75
An Act to extend the Time for paying in the Capital Stock of the Traders Chap H4#
Fire and Marine Insurance Company in Boston. "
BE it enacted by the Senate and House of Representa- |g*7, eh. gs.
fives, in General Court assembled, and by the authority of
the same, as follows :
The time within which the capital stock of the Traders' Time extended
Fire and Marine Insurance Company, in Boston, is by law jg^f"1 26'
required to be paid in, is hereby extended to the twenty-
sixth day of April, in the year one thousand eight hundred
and fifty. [Approved by the Governor, April 18, 1849.]
An Act confirming the Doings of the Boston and Lowell Railroad Corporation. Chap 1 15.
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 location of the branches of the Boston and Lowell
Railroad Corporation, authorized by an act passed April the
fourteenth, in the year one thousand eight hundred and 1847, ch. 185.
forty-seven, filed with the commissioners of the county of
Middlesex, on the third day of March, in the year one Location con.
thousand eight hundred and forty-nine, is hereby confirmed, firmed.
and declared to be of the same force and effect, as if the
same had been filed in pursuance of law. And the rights Rights and rem-
and remedies of all parties interested in, or affected by, fntersested.artieS
said location, shall be the same as if the time of filing such
location had been, by the act aforesaid, extended to the
said third day of March, in the year one thousand eight
hundred and forty-nine : provided, however, that said cor- Proviso.
poration shall, with respect to said branches, and said act
authorizing said branches, and this act, be subject to any
and all laws which shall be hereafter enacted concerning
the same. [Approved by the Governor, April 18, 1849.]
An Act concerning Proceedings in Insolvency. Chat) 116
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
All proceedings instituted or had, in any case of insol- Proceedings be
vency, before any commissioner of insolvency, in this Com- junTand 6°th of
monwealth, between the sixth day of June, and the sixth j^J848' con"
day of July, in the year one thousand eight hundred and
forty-eight, so far as the same may want effect or validity,
by reason that such commissioner was not duly commis-
sioned, or by reason that such commissioner was not duly
sworn or qualified, under his commission, are hereby con-
firmed, and the same shall be taken and deemed good and
valid, in law, to all intents and purposes whatsoever. [Ap-
proved by the Governor, April 18, 1849.]
76
1849.
-Chap. 117—118.
Chap 117.
1846, ch. 223.
School commit-
tees to return all
persons be-
tween five and
fifteen.
Income of
school fund to
be apportioned
accordingly.
Sum to be
raised on each
person between
five and fifteen.
Proviso.
Repeal.
When to take
effect.
Chap 118.
$100,000 addi-
tional stock.
An Act to amend " An Act relating to the Duties of School Committees, and
the Distribution of 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 folloivs :
Sect. 1. The school committees of the several cities and
towns, instead of ascertaining the number of persons be-
tween the ages of four and sixteen years, belonging to such
cities and towns respectively, as required by the second
section of the act, of which this is an amendment, approved
by the governor, on the fifteenth day of April, in the year
one thousand eight hundred and forty-six, shall ascertain
the number of persons between the ages of five and fifteen
years, and shall alter the form of the certificates, required
from them by the said section, accordingly.
Sect. 2. The income of the Massachusetts School Fund
shall hereafter be apportioned to the several cities and
towns according to the number of persons therein, between
the ages of five and fifteen, instead of four and sixteen, as
required by the fifth section of the aforesaid act of the
fifteenth of April, in the year one thousand eight hundred
and forty-six.
Sect. 3. The sum required to be raised by any city or
town, as one of the conditions of receiving its portion of the
income of the school fund, shall be, at least, equal to one
dollar and fifty cents, instead of one dollar and twenty-five
cents, as required by said act, of which this is an amend-
ment, for each person between the ages of five and fifteen
years, belonging to said city or town.
Sect. 4. Nothing in this act contained shall be con-
sidered as prohibiting the attendance upon the schools, of
scholars under five or over fifteen years of age.
Sect. 5. All acts, and parts of acts, and all resolves, and
parts of resolves, inconsistent with the provisions of this act,
are hereby repealed.
Sect. 6. This act shall take effect on and after the first
day of May, in the year one thousand eight hundred and
forty-nine. [Approved by the Governor, April 18, 1849.]
An Act to increase the Capital Stock of»the Bristol County Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The President, Directors, and Company of the
Bristol County Bank, in Taunton, may increase their pres-
ent capital stock, by an addition thereto of one hundred
thousand dollars, to be divided into shares of one hundred
1849. Chap. 118—120. 77
dollars each, which shall be paid in such instalments as the
president and directors of said bank may determine : pro- Proviso.
vided, that the whole amount shall be paid in, on or before
the first Monday of April, in the year one thousand eight
hundred and fifty.
Sect. 2. The additional stock aforesaid, when paid into Subject to like
said bank, shall be subject to the like tax, regulations, re- original stock.
strictions, and provisions, to which the present capital stock
is subject.
Sect. 3. Before said corporation shall proceed to do Certificate that
business upon said additional capital, a certificate, signed by fsdp3"„| ts00be
the president and directors, and attested by the cashier, un- returned to the
der oath, that the same has been actually paid into said secreetary of
bank, shall be returned into the office of the Secretary of state.
the Commonwealth. [Approved by the Governor, April 19,
1849.]
An Act to increase the Capital Stock of the Greenfield Bank. Chap 119.
BE it enacted by the Senate and House of Representa- i82i,ch. 43.
fives, in General Court assembled, and by the authority of J^o, ch. 105.
the same, as follows :
Sect. 1. The President, Directors, and Company of the #50;ooo addi-
Greenfield Bank, in Greenfield, are hereby authorized to tlonalstock-
increase their present capital stock, by an addition thereto,
of fifty thousand dollars, to be divided into shares of one
hundred dollars each, which shall be paid in such instal-
ments as the president and directors of said bank may de-
termine : provided, the whole amount shall be paid in on or Proviso.
before the first day of April, in the year one thousand
eight hundred and fifty.
Sect. 2. The additional stock aforesaid, when paid into Same tax, &c,
said bank, shall be subject to the like tax, regulations, re- gts0°£ original
strictions, and provisions, to which the present capital stock
of said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do busi- Certificate to be
ness upon said additional capital, a certificate, signed by returned to
the president and directors, and attested by the cashier, state."3' °
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the Secretary of
the Commonwealth. [Approved by the Governor, April 19,
1849.J
An Act to increase the Capital Stock of the Springfield Bank. Chap 120.
BE it enacted by the Senate and House of Representa- 1313 cn. 90.
lives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The President, Directors, and Company of the #50,000 addi-
tional stock.
78
1849.
-Chap. 120—121.
Proviso.
Same tax, &c.
as on original
stock.
Certificate to be
returned to
Secretary of
Commonwealth.
Springfield Bank, in Springfield, may increase their present
capital stock by an addition thereto of fifty thousand dollars,
and, when added, their whole capital stock maybe divided in-
to shares of one hundred dollars each ; the additional capital
shall be paid in such instalments as the president and di-
rectors of said bank may determine : provided, that the
whole amount shall be paid in on or before the first Monday
of April, in the year one thousand eight hundred and fifty.
Sect. 2. The additional stock of said bank, when paid
in, shall be subject to the like tax, regulations, restrictions,
and provisions, to which the present capital stock is sub-
ject.
Sect. 3. Before said corporation shall proceed to do busi-
ness 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 Common-
wealth. [Approved by the Governor, April 19, 1849.]
Chap 121.
1836, ch. 251.
550,000 addi-
tional stock.
Proviso.
Same tax, &c,
as on original
stock.
Certificate to be
returned to sec-
retary of Com-
monwealth.
An Act to increase the Capital Stock of the Freeman's Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The President, Directors and Company of the
Freeman's Bank, are hereby authorized to increase their
present capital stock by an addition thereto of fifty thou-
sand dollars, to be divided into shares of one hundred dol-
lars each, which shall be paid in such instalments as the
president and directors of said bank may determine ; pro-
vided, that the whole amount shall be paid in on or before
the first Monday in April, in the year one thousand eight
hundred and fifty.
Sect. 2. The additional stock aforesaid, when paid into
said bank, shall be subject to the like tax, regulations, re-
strictions, and provisions, to which the present capital stock
of said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do bu-
siness on said additional capital, a certificate, signed by the
president and directors, and certified 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, April 19,
1849.]
1849. Chap. 122—123. ' 79
An Act in relation to Union Bridge. Ckfl/D 122
BE it enacted by the Senate and House of Representa- 1340, ch. 60.
fives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The county commissioners of the county of Power to coun-
Plymouth are hereby directed and authorized to claim and ers on theS°
exercise, in behalf of the Commonwealth, all the rights re- Pndse revert-
• i 1 f 1 1 /• r . mg to Common-
Served or provided lor by the fourth section of an act enti- wealth.
tied "An Act in addition to an act concerning Union Bridge, I840,ch.60,§4.
so called," and to take possession of the same so soon as,
by the terms of said act, it shall have reverted to, and be-
come the property of, the Commonwealth ; and they are May require a
further empowered to require, from said Union Bridge Cor- tdis!ment °
poration, a full and particular statement of all the tolls re-
ceived for the use of said bridge, and shall receive all mon-
eys collected by said corporation after said bridge shall
have reverted to, and become the property of, the Com-
monwealth by virtue of the act aforesaid.
Sect. 2. Whenever said commissioners shall have taken Commissioners
possession of said bridge, in behalf of the Commonwealth, JoiiTumlf &c
and until the same shall have been laid out as a public
highway, as hereafter provided, the said commissioners
shall claim and receive all tolls payable for the use of said
bridge, as now established by law.
Sect. 3. The said county commissioners are hereby au- Bridge to be
thorized and empowered to lay out and cause said bridge, when,&c.'
as now constructed, to be a free public highway, whenever,
in their opinion, the public convenience and necessity shall
require it ; and, when said bridge shall be so laid out as a South Scituate
public highway, the said commissioners shall pay, in equal ™ receirclhe1
parts, to the towns of South Scituate and Marshfield, all money paid to
money which shall have been received by said commis- LThafman-5'
sioners from said corporation, or otherwise, on account of ner> &c-
said bridge, after deducting the cost of any repairs made
upon said bridge, and of collecting the tolls. [Approved by
the Governor, April 19, 1849.]
An Act in further addition to "An Act providing for the Appointment of CA#wl23
Public Administrators." •*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. When any public administrator, in any county, judges of pro-
shall die, resign, or be removed, the judge of probate for bate' ho,w to. ,
1 11 • i • proceed on the
that county shall issue his warrant to some other public death, &c, of
administrator, in the same county, upon his application fs£atbdrc adm'n
therefor, requiring him to examine the accounts of such
80
1849.-
-Chap. 123.
Of bonds.
Conditions.
To make re-
turn.
To administer
according to
law.
To render an
account, on
oath.
To pay balance
as judge of pro-
bate shall di-
rect.
late public administrator, touching the estates on which he
shall have taken out letters of administration, and to return,
into the probate court, a statement of all such estates not
fully administered, and of the balance of each estate re-
maining in the hands of the late administrator at the time
of his death, resignation, or removal. And thereupon the
said judge of probate shall issue to the public administra-
tor, making the return, he having given the requisite
bonds, letters of administration upon the several estates so
returned, to administer the estate, not already administered,
notwithstanding, in any case, the personal estate, not ad-
ministered, may not amount to twenty dollars ; and the
provisions of this section shall, in like manner, apply to
any estates partially administered by any public adminis-
trator who has already died, resigned, or been removed,
but whose accounts relating to such estates have not been
finally settled.
Sect. 2. Any public administrator, instead of giving
a separate bond for each estate, may give a general bond
for the faithful administration of all estates, on which let-
ters of administration shall be granted to him, as public
administrator. Such bond shall be given with sufficient
surety or sureties, in such sum as the judge of probate
shall order, payable to the said judge, or to his successors,
with condition substantially as follows : —
First, to make and return, into the probate court, within
three months from the time of granting to him, as public
administrator, letters of administration on the estate of any
person who shall have deceased, a true inventory of all the
real estate, and the goods, chattels, rights and credits of
such person deceased, which have or shall come to his pos-
session or knowledge :
Secondly, to administer according to law all the goods,
chattels, rights and credits of every such person deceased,
and the proceeds of all his real estate, that may be sold for
the payment of his debts, which shall, at any time, come to
the possession of the said administrator, or to the possession
of any other person for him :
Thirdly, to render, upon oath, a true account of his ad-
ministration of every such estate, within one year from the
date of his letters of administration thereon, and, at least
once in each year, until the said trust shall have been ful-
filled, and at any other times, when required by the judge
of probate :
Fourthly, to pay any balance of every such estate re-
maining in his hands, upon the settlement of his accounts,
to such persons as the judge of probate shall lawfully di-
1849. Chap. 123—124. 81
rect ; and, when such estate shall have been fully adminis-
tered, and the debts paid according to law, to deposit the
whole amount thereof that may remain in his hands with
the treasurer of the Commonwealth for the time being.
Fifthly, to deliver the letters of administration on the in case of will
estate of any person deceased, into the probate court, in &"'s found'
case any will of such person deceased shall be thereafter
duly proved and allowed ; and, upon the appointment of a
successor as administrator of any such estate, to surrender
and deliver up his said letters of administration into the
said court, with an account of his doings therein, under
oath ; and, upon a just settlement of his said account, to
pay over to his said successor all sums of money remaining
in his hands, and also deliver to him all the property,
effects, and credits, of the said deceased, not administered.
Sect. 3. Every public administrator who shall have Account ren-
given such general bond, as is above provided for, shall, at 0frperobateU S&
the probate court first held in the county after the first day
of January, in each year, render to the judge of probate an
account, under oath, of all balances of estates then remain-
ing in his hands ; and the judge of probate may, at any Judge may re-
time, require additional sureties to be furnished upon the ^retie^1110™1
bond, or a new bond to be given. And those periods pre-
scribed by law, which fix the times when executors and
administrators shall first become liable, and when they
shall cease to be liable, to the suits of creditors of the de-
ceased, and the times within which notice of their appoint-
ment shall be given and recorded, and other acts per-
formed, which periods, in the case of other administration
bonds, begin to run from the time of giving the bond,
shall, in the case of such general bond, for all the purposes
of each particular estate, begin to run from the date of the
letters of administration on such estate.
Sect. 4. This act shall take effect from and after its
passage. [Approved by theGovernor, April 19, 1849.]
An Act in relation to Interest on Judgments. Chttt) 124.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Whenever judgments are made up, upon awards of county interest, how
V. .*••■■ • computed, on
commissioners, committees, or verdicts of juries, assessing awards or ver-
damages for land, or materials taken, or injury done in mak- ^icts assessing
i-i -i • i ii i damages for
mg highways, townways, or railroads, interest shall be com- iand, &c, taken
puted upon the amount of the award, or verdict, as the forroads-
case may be, from the time when made, to the time of the
making up of the judgment, and added thereto : and the war-
11
82
1849.-
-Chap. 124—126.
rant issued thereon shall specify the day upon which judgment
is rendered, and shall require the collection of the amount
of such judgment, with interest thereon, from the day of
its rendition. [Approved by the Governor, April 19, 1849.]
Chap 125,
Corporators.
To construct
and use tele-
graphs.
Powers and du-
ties.
R S. ch. 38; 44
Capital stock.
Proviso.
An Act to incorporate the Boston and New York Telegraph Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Joseph W. Clark, Alvin Adams, and Abel G.
*Farwell, their associates and successors, are hereby made a
corporation, by the name of the Boston and New York Tel-
egraph Company, for the purpose of constructing and using
lines of telegraph within this Commonwealth, 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.
Sect. 2. The capital stock of the said company shall be
one hundred and twenty thousand dollars, with liberty to
increase the same by an addition thereto of a sum not ex-
ceeding one hundred thousand dollars, to be divided into
shares of one hundred dollars each : provided, that no shares
in the capital stock of said corporation shall be issued, for a
less amount, to be actually paid in on each, than the par
value of the shares which shall be first issued.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 20, 1849.]
Chap 126.
Town may
choose annual-
ly, three free-
holders, to be
overseers of the
island and flats.
Proviso.
How to be
chosen and
qualified.
An Act for the Protection and Regulation of Lieutenant's Island, and the
Flats adjacent, in the Town of Wellfleet.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The town of Wellfleet is authorized and em-
powered, at their annual town meeting, to choose three
persons, being freeholders in said town, to inspect and over-
see the island known as Lieutenant's Island, together with
the fiats in common, adjacent thereto, lying in the south-
erly part of said town, between Black Fish Creek, so called,
and the town of Eastham : provided, however, if the said
town meeting has been held for the current year, the select-
men are hereby authorized to call a meeting for the purpose
of electing said overseers, to hold their offices till the next
annual meeting of said town.
Sect. 2. The said overseers shall be chosen and quali-
fied in the same manner, with like powers and duties as are
provided in " An Act to prevent damage being done to the
1849. Chap. 126—127. 83
harbor of Wellrleet, in the county of Barnstable, by exces- Powers and elu-
sive numbers of cattle, sheep and horse kind feeding on the jtaJk™9mi8oi °f
beach and islands adjoining the westerly side of said har- Sp. Laws, vol.
bor," passed June nineteenth, in the year one thousand eight ' p-
hundred and one.
Sect. 3. All the provisions, restrictions, and penalties Provisions of
of the aforesaid act of June nineteenth, in the year eighteen applicable0™
hundred and one, shall be, and the same are hereby applied
to the protection and regulation of the said Lieutenant's
Island, and the flats and land described in the first sec-
tion of this act. [Approved by the Governor, April 20,
1S49.J
An Act to establish a Folice Court in the Town of Taunton. Chan 1 27
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same as folloivs :
Sect. 1. A police court is hereby established in the Police court
town of Taunton, to consist of one competent and discreet esta lbie '
man, to be appointed and commissioned by the governor,
pursuant to the constitution, as standing justice.
Sect. 2. The said court shall have original and exclu- Jurisdiction,
sive jurisdiction over all crimes, offences, and misdemean-
ors, committed within said town of Taunton, whereof jus-
tices of the peace now have, or may have, jurisdiction ;
also of all suits and actions which may now, or at any time
hereafter, be heard, tried, and determined, before any justice
of the peace, in the county of Bristol, whenever all the
parties shall reside in Taunton, and service of the writ is
had on the defendant in said county.
The said court shall have original and concurrent juris- Concurrent
diction, with justices of the peace in said county of Bristol, Junsdlctlon-
over all crimes, offences, and misdemeanors, whereof justices
of the peace, within the county of Bristol, now have, or
may have, jurisdiction ; also of all suits and actions within
the jurisdiction of any justice of the peace within the
county of Bristol.
Sect. 3. An appeal shall be allowed from all judgments Appeals.
of said police court in like manner, and to the same extent,
that appeals are now allowed by law from judgments of
justices of the peace. The justice of said police court
shall not be of counsel to any party in any cause which
may be pending in said court.
Sect. 4. All fines and forfeitures, and all costs in crim- Fines, &c, how
inal prosecutions, which shall be received bv or paid into received and
, , j r . ' . . . ' r accounted lor.
the hands of the justice of said court, shall be by him ac-
counted for and paid over to the same persons in the same
84
1849.
-Chap. 127.
Compensation
of justice. ,
Courts, when
to be held.
Rules and regu-
lations.
Record, and
return of doings
Special justice.
Powers.
Compensation.
Pending suits,
&c.
manner, and under the same penalties, as are by law pre-
scribed in the case of justices of the peace.
All costs in such prosecutions, not thus received, shall be
made up, taxed, certified, and allowed, and shall be paid in
like manner as is provided by law in cases of justices of the
peace.
Sect. 5. The justice of said court shall be allowed to
retain, for his annual compensation, out of the fees received
by him for his services, as said justice, the sum of five
hundred dollars for each year, and in the same proportion
for any part of a year ; and he shall, on or before the first
day of January of each year, pay over, to the county treas-
urer of the cpunty of Bristol, all the surplus of fees re-
ceived by him over and above the said sum of five hundred
dollars.
Sect. 6. A court shall be held, by said justice, at some
suitable place in said town, on one day of each week, at
ten o'clock in the forenoon, and as much oftener as may
be deemed necessary, to take cognizance of crimes, offences,
and misdemeanors ; also a court shall be held on one day
of each week for the trial of civil actions and suits. The
justice of said court may adjourn said court as justices of
the peace may now adjourn the same hearings or trials.
The said justice may, from time to time, establish all nec-
essary rules for the orderly and uniform conducting of the
business of said police court.
Sect. 7. The justice of said court shall keep a fair
record of all proceedings in said court, and shall make
return to the several courts of all legal processes and of his
doings therein, in the same manner as justices of the peace
are now by law required to do : and he shall also annually,
in the month of January, exhibit to the county treasurer of
the said county of Bristol, a true and faithful account of all
moneys by him received as fees.
Sect. 8. There shall be appointed, by the governor, by
and with the advice and consent of the council, one special
justice of said court, who shall have power, in case of the
absence, sickness, interest, or any other disability, of the
standing justice, to issue the processes of said court, to hear
and determine any matter or cause pending therein, the
said cause being assigned on the record by the standing or
by the special justice. The said special justice shall be
paid for the services by him performed, out of the fees
received in said court, such sum as the standing justice
would be entitled to receive for the same services.
Sect. 9. All suits, actions, and prosecutions, which
shall be pending within the said town of Taunton, before
1849. Chap. 127—130. 85
any justice of the peace, when this act shall take effect,
shall be heard and determined as though this act had not
passed.
Sect. 10. The governor shall have power, by and with Time of ap-
the advice and consent of the council, to appoint said stand- Pointmcnt-
ing justice and special justice, at any time after the passage
of this act. [Approved by the Governor, April 20, 1849.]
An Act to prevent the Seining of Fish, in the Harbors of New Bedford and Chan 128.
Fairhaven. ■*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
No person shall set, draw or use any seine or net, in the Boundaries,
harbors of New Bedford and Fairhaven, or the waters fall- wilhin wi?ich
■ scinincr lV <■.
ing into said harbors/north of a line drawn due east from are prohibited.
the alms-house in New Bedford, to Fairhaven,)for the pur-
pose of taking any description of fish, other than menhaden,
and any person offending against the provisions of this act,
shall forfeit and pay the sum of twenty dollars for each Forfeiture for
offence, to be recovered by complaint before the justice of ^"ac? against
the police court in New Bedford, or any justice of the peace,
to the use of the complainant. [Approved by the Governor,
April 20, 1849.]
An Act to incorporate the Blackstone Savings Bank. CJlflP 129.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Welcome Farnum, S. H. Kimball, Michael Burdett, their Corporators,
associates and successors, are hereby made a corporation,
by the name of the Blackstone Savings Bank, to be estab-
lished in the town of Blackstone, with all the powers and
privileges, and subject to all the duties, liabilities, and re- Powers and du-
strictions, set forth in the thirty-sixth chapter of the Revised r. s. ch. 36,
Statutes, and in all other laws of this Commonwealth, re- and °l^er sen~
lating to institutions for savings. [Approved by the Gov-
ernor, April 20, 1849.]
An Act to incorporate the Worcester Insurance Company. CllCll) 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 :
Sect. 1. John Green, Isaac Davis, Pliny Merrick, their Corporators,
associates and successors, are hereby made a corporation,
for the term of twenty years from the passage of this act,
by the name of the Worcester Insurance Company, in the
86
1849.-
-Chap. 130—132.
city of Worcester, in the comity of Worcester, for the pur-
Fire insurance. p0se 0f making insurance against loss by fire, with all the
Powers cUlu QU- •
ties. ' powers and privileges, and subject to all the duties, restric-
R. s. ch. 37, 44. tkms, and liabilities, set forth in the thirty-seventh and
forty-fourth chapters of the Revised Statutes.
Sect. 2. Said corporation may hold any estate, real or
personal, for the use of said company : provided, that the real
estate shall not exceed twenty thousand dollars in value,
excepting such as may be taken for debt, or held as collat-
eral security for money due to said company.
Sect. 3. The capital stock of said company shall be
fifty thousand dollars, with liberty to increase it to an
amount not exceeding two hundred and fifty thousand dol-
lars : provided, that not less than fifty thousand dollars
shall be paid in as capital within one year, fifty thousand
dollars more in two years, and fifty thousand dollars more
within three years from the passage of this act. [Approved
by the Governor, April 21, 1849.]
Estate.
Proviso.
Capital stock.
Proviso.
Chap 131
1848, ch. 327,
sec. 1, repealed,
Description of
map to accom-
pany petitions
for railroads.
An Act relating to Railroad Plans and Profiles.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. The first section of an act, entitled " An Act
relating to railroad plans and profiles," passed the tenth day
of May, in the year one thousand eight hundred and forty-
eight, be, and the same is, hereby repealed.
Sect. 2. No petition for the establishment of any rail-
road shall be acted upon, unless the same is accompanied
with a map of the proposed route, projected upon an appro-
priate scale ; and also, with a profile of said route, projected
with a vertical scale, comparing with the horizontal scale,
in the proportion of ten to one. [Approved by the Gover-
nor, April 23, 1849.]
Chap 132.
R. S. ch. 87.
Concurrent ju-
risdiction with
municipal court
of city of Bos-
ton and the
court of com-
mon pleas in
certain cases.
An Act to extend the Jurisdiction of Police Courts in certain cases.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The several police courts of this Common-
wealth shall have concurrent jurisdiction with the munici-
pal court of the city of Boston and the court of common
pleas, of all cases of assault and battery committed upon
any constable, police officer, or watchman, while in the
discharge of his duty as such officer, except in cases where
such assault and battery shall be committed with a danger-
ous or deadly weapon, or with intent to kill, or when life is
1849. Chap. 132—133. Si
endangered. And, for such assault and battery, said police Punishment,
courts may punish by fine, not exceeding thirty dollars, or
by improvement in the house of correction, not exceeding
six months.
Sect. 2. The said police courts shall have concurrent Farther concur-
jurisdiction with said municipal court and court of common [£"[ j"™feg Uon
pleas, of all larcenies mentioned in the seventeenth section under r. s. eh.
■*■ 1 fyC & 1 ""7
of the one hundred and twenty-sixth chapter of the Re-
vised Statutes, when the money, or other property stolen,
shall not be alledged to exceed the value of twenty-five
dollars ; in all which cases, the punishment shall be by Punishment.
fine not exceeding thirty dollars, or by confinement in the
house of correction, not more than six months.
Sect. 3. The said police courts shall have concurrent Also in all cases
jurisdiction with said municipal court and court of common "^ \ " s> ch-
pleas, of all cases arising under the fifth section of the one
hundred and thirtieth chapter of the Revised Statutes, in
which cases the punishment shall be by imprisonment in Punishment.
the county jail, not more than three months, or by fine
not exceeding thirty dollars.
Sect. 4. Any person, convicted under the provisions of Appeals,
this act, may appeal to the municipal court or court of
common pleas ; and the appeal shall be allowed on the
same terms, and the proceedings therein conducted in all
respects as provided in the one hundred and thirty-eighth
chapter of the Revised Statutes respecting appeals from
justices of the peace.
Sect. 5. All provisions of law, inconsistent herewith,
are hereby repealed, [Approved by the Governor, April 23,
1849.J
An Act concerning Sidewalks in Unaccepted Streets in the City of Boston. CllCtp 133.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. When any street or way, which now is, or sidewalks, how
hereafter shall be opened, in the city of Boston, over any ^"insTreets1"1"
private land, by the owners thereof, and dedicated to, or over private
permitted to be used by, the public, before such street shall
have been accepted, and laid out, according to law, it shall
be the duty of the owners 'of lots abutting thereon, to con-
struct convenient sidewalks on each side of such street or
way, at their own expense, in such manner as the safety Expenses,
and convenience of the public shall, in the opinion of the
nil r -, ■ ■ j t xu °" neglect or
mayor and aldermen of said city, require ; and, it the own- refusal mayor
ers of such abutting lots shall, after reasonable notice given ^o^trac?"
by the said mavor and aldermen, neglect or refuse to con- walk and
on tiip abuttors.
88
1849.-
-Chap. 133—134.
struct said sidewalks in such street or way, in manner
aforesaid, it shall be lawful for the said mayor and alder-
men to cause the same to be constructed as aforesaid ; and
the expense thereof shall, after due notice to the parties
interested, be equitably assessed upon the owners of such
abutting lots, by the said mayor and aldermen, in such
proportions as they shall judge reasonable ; and all assess-
ments so made shall be a lien upon such abutting lands, in
like manner as taxes are now a lien upon real estate : pro-
Proviso, vided, always, that nothing contained in this act, shall be
construed to affect any agreement heretofore made respect-
ing any such street or way, as aforesaid, between such
Proviso. owners and said city : provided, also, that any such con-
structing of sidewalks in any street or way, by the mayor
and aldermen, as aforesaid, shall not be construed to be an
acceptance of such street or way by the city of Boston.
City council Sect. 2. This act shall not take effect if, within thirty
™cce Tthisnact° ^ays n'om tne passage thereof, the city council of said city
shall vote not to accept the same. [Approved by the Gov-
ernor, April 23, 1849.]
Chap 134.
Bank in Green-
field.
Powers and du-
ties.
R. S. ch. 36,
and other gen-
eral laws.
Stock, how
transferable.
Capital stock,
#100,000.
Proi
An Act to establish the Franklin County Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Almon Brainard, Henry W. Cushman, and
John S. Ward, their associates and successors, are hereby
made a corporation, by the name of the President, Direct-
ors, and Company of the Pranklin County Bank, to be
established in the town of Greenfield, in the county of
Franklin, and shall so continue until the first day of Octo-
ber, which shall be in the year one thousand eight hundred
and sixty-nine, with all the powers and privileges, and
subject to all the duties, restrictions, and liabilities, set
forth in the general laws of this Commonwealth, relative
to banks and banking.
Sect. 2. The stock in said bank shall be transferred
only at its banking-house, and in its books.
Sect. 3. The capital stock of said corporation shall
consist of one hundred thousand dollars, to be divided into
shares of one hundred dollars each, and to be paid in
such instalments, and at such times, as the stockholders
may direct : provided, that the whole be paid in on or
before the first day of April, in the year one thousand eight
hundred and fifty. [Approved by the Governor, April 24,
1849.]
1849. Chap. 135—136. 89
An Act to incorporate the Springfield Fire and Marine Insurance Company. Chap 135.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Edmund Freeman, George Dwight, and John Company estab-
L. King, their associates and successors, are hereby made y^s. ,or 20
a corporation, for the term of twenty years from the pas-
sage of this act, by the name of the Springfield Fire and
Marine Insurance Company, for the purpose of making What insur-
insurance against losses by fire and against maritime losses, dl
with all the powers and privileges, and subject to all the J™*™ and
duties, restrictions, and liabilities, set forth in the thirty- Ru ™'^ ^ ^
seventh and forty-fourth chapters of the Revised Statutes, and other gen- '
and all other general laws which have been, or shall here- eral laws-
after be passed, relative to insurance companies.
Sect. 2. The said corporation may hold any estate, Estate.
real and personal, for the use of said company : provided, Proviso.
that the real estate shall not exceed fifteen thousand dollars
in value, excepting such as may be taken for debt, or held
as collateral security.
Sect. 3. The capital stock of said company shall be Caphahstock,
one hundred and fifty thousand dollars, to be divided into
shares of one hundred dollars each, and shall be paid in by
such instalments as the president and directors shall order :
provided, that one third thereof shall be paid in one year, Proviso, as to
one third in two years, and the residue in three years, from paymg 1D-
the passage of this act.
Sect. 4. The said company may issue policies when- Company may
ever fifty thousand dollars of the capital shall be paid in: ^Ln #Vo,ooo
provided, that no more than ten per cent, of the capital a"> paid in.
paid in shall be taken on any one risk. [Approved by the
Governor, April 24, 1849.]
An Act concerning the Harvard Branch Railroad Company. Chap 136.
BE it enacted by the Senate and House of Representa- ig4g ch
tives, in General Court assembled, and by the authority of
the same, as follows :
The time allowed by law for filing the location of the Time for ■ locat-
Harvard Branch Railroad is hereby extended to the seven- jnf; extended",
teenth day of July, in the year one thousand eight hun-
dred and forty-nine, and the time for constructing the said
railroad is hereby extended to the seventeenth day of July,
in the year one thousand eight hundred and fifty. [Ap-
proved by the Governor, April 24, 1849.]
12
when sold at
auction.
90 1849. Chap. 137—139.
Chap 137. An AcT extending the Jurisdiction of Justices of the Peace, in Suffolk
" County.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Justices of the Sect. 1. Justices of the peace in the county of Suffolk,
LTand^Wh except in tne city of Boston, shall have the same jurisdic-
Cheisea to have tion in all civil actions, which justices of the peace have in
dictfon^as^us- other counties of this Commonwealth.
ticesinthe Sect. 2. This act shall take effect from and after its
generally. passage. [Approved by the Governor, April 24, 1849.]
Chap 138. An Act concerning the Tax on Sales by Auction.
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 tax on arti- Sect. 1. No sales, by auction, of ships, vessels, utensils
ffrowth'&c of °f husbandry, horses, neat cattle, swine, sheep, or of arti-
theU. State's, cles of the growth, produce, or manufacture of the United
States, except distilled spirits, shall be hereafter subject to
any tax to the Commonwealth.
The tax sped- Sect. 2. The tax upon all sales, by auction, of any
of foreiffntlcleS goods, wares, merchandise, and effects, imported from any
growth, &c. place beyond the Cape of Good Hope, shall be one fourth
of one per cent, on the amount thereof ; and, of all other
goods, wares, merchandise, and effects, which are the pro-
duction of any foreign country, one half of one per cent,
on the amount thereof, instead of the tax now by law
provided.
Sect. 3. All acts and parts of acts, inconsistent with
this act, are hereby repealed. [Approved by the Governor,
April 25, 1849.]
Chap 139. An Act to prevent the Explosion of Steam Boilers.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Ail steam en- Sect. 1. No person, or corporation, shall use, or cause
vdedwitharo" t0 ^e use0-> any locomotive, or other steam engine, in this
safety plug. Commonwealth, unless the boiler of the same be provided
with a fusible safety plug, to be made of lead, or some
other equally fusible material, and to be of a diameter of
not less than one half an inch, which plug shall be placed
in the roof of the fire-box, when a fire-box is used, and, in
all cases, shall be placed in a part of the boiler fully ex-
posed to the action of the fire, and as near the top of the
water line as any part of the fire surface of the boiler.
1849. Chap. 139—141. 91
Sect. 2. If any person shall, without just and proper Fine for remov-
cause, remove, from the boiler of a steam engine, the safety p"urhfromfay
plug thereof, or shall substitute therefor any material more steam boiler,
capable of resisting fire than the said safety plug so re- c'
moved, he shall be punished by a fine not exceeding one
thousand dollars.
Sect. 3. If any person or corporation, shall use, or Fine for using
cause to be used, in this Commonwealth, for the space of outTfafet^'111"
six consecutive days, a steam engine unprovided with the plug-
safety plug, as described in the first section, such person, or
corporation, so offending, shall be punished by a fine not
exceeding one thousand dollars. [Approved by the Gov-
ernor, April 25, 1849.]
An Act in addition to "An Act to incorporate the Hingham Wharf and Chap 140.
Land Company, in the Town of Hingham." •*
BE it enacted by the Senate and House of Representa- 1847> ch- 108-
fives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Hingham Wharf and Land Company are Company may
hereby authorized to build and maintain a dam across ^ld a dam'
Broad Cove so called, in the town of Hingham, extending
from a place called Major's Wharf, or some point near the
same, to Otis' Hill ; of sufficient width, not exceeding one
hundred feet, for a safe and convenient road over the same.
Sect. 2. The said company are authorized to erect a And may erect
mill on said dam, with suitable flood-gates and sluice-ways, a
and to retain the tide within said dam, for the use of said
mill, whether for grinding or for other purposes.
Sect. 3. Nothing herein contained shall authorize said Proviso.
company to appropriate, for said dam, the property or lands
of others, except in the manner now provided by law.
[Approved by the Governor, April 25, 1849.]
An Act to allow Women Divorced from the Bonds of Matrimony to resume Chat) 141
their Maiden Names. *
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Whenever a married woman shall obtain a decree of di- Court may ai-
vorce from the bonds of matrimony, it shall be in the ^oTce^uTre-1"
power of the judge granting the decree, to allow said wo- sume maiden
man to resume her maiden name. [Approved by the Gov- name"
ernor, April 25, 1849.]
92 1849. Chap. 142—144.
Chap 142. -^n -^CT t0 increase the Salary of the District Attorney of the Western District.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Salary to be The annual salary of the district attorney of the Western
#Yoooer district of this Commonwealth, shall hereafter be one thou-
sand dollars, to be paid to him out of the treasury of the
State, in quarterly payments, and in that proportion for any
part of a quarter. [Approved by the Governor, April 25,
1849.]
Chap 14o. An Act regulating the Sale of Anthracite Coal.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the autJiority of
the same, as follows :
To be sold by Sect. 1. All anthracite, hard, or mineral coal, when
r^quan'uties631" s0^ m grea-ter quantities than five hundred pounds, ex-
than500 cept by the cargo, shall be sold by weight, and two thou-
pomi s' sand pounds, avoirdupois, shall be the standard for the ton,
by which the same shall be sold and weighed.
Duty of owner Sect. 2. Before any such coal, so sold, shall be deliv-
of c°ora|dehvery ere^ t0 tne buyer, it shall be the duty of the owner thereof
to cause the same to be weighed by a sworn weigher, of
the town or city in which the same shall be sold and de-
livered, and a certificate of the weight thereof, signed by
the weigher, shall be delivered to the buyer at the time of
the delivery of such coal.
Forfeiture. Sect. 3. Any person who shall offend against the pro-
visions of this act, shall, for each offence, forfeit the sum of
five dollars to the use of the town or city where the offence
shall be committed.
Weighers, how Sect. 4. The mayor and aldermen of any city, and the
to be appointed, selectmen of any town, are hereby authorized and required
to appoint one or more person or persons, to be weighers of
such coal, who shall be sworn to the faithful discharge of
their duties, and shall be entitled to such fees as the mayor
and aldermen, and selectmen, shall determine, which shall
be paid by the seller. [Approved by the Governor, April
26, 1849.]
Chap 144. An Act concerning School Committees.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Of vacancies Whenever, in consequence of vacancies occurring in the
dateoi" warrant school committee of any city or town in this Common-
for annual town wealth, after the date of the warrant for the annual town
meeting.
1849. Chap. 144—146. 98
meeting for the election of their successors, or the inabil-
ity arising after the said date, of any of the members of
said committee to act, such committee shall be reduced to
a minority of its original number, the remaining members Of school re-
of said committee shall be competent to make the returns Cas"s. '
required to be made and transmitted to the office of the
Secretary of the Commonwealth ; and such returns shall
be accompanied by a certificate of the person or persons so
making them, setting forth the existence of such vacancies
or disabilities, and the time when the same arose. [Ap-
proved by the Governor, April 26, 1849.]
An Act to incorporate the Cape Cod Bank. Chap 145.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Joseph P. Johnson, Lemuel Cook, Thomas Eankestab-
Hilliard, their associates and successors, are hereby made a |nscneetovra.Prov"
corporation, by the name of the President, Directors and
Company of the Cape Cod Bank, to be located in the town
of Provincetown, and to continue a corporation until the
first day of October, in the year one thousand eight hun-
dred arid sixty-nine ; and shall be entitled to all the powers Powers and
and privileges, and be subject to all the duties, restrictions, RUgsch 36
and liabilities, set forth in the public statutes of this and other gen-
Commonwealth, relative to banks and banking.
Sect. 2. The capital stock of said bank shall consist of Capital stock,
fiflOO ()00
one hundred thousand dollars, to be divided into shares of * '
one hundred dollars each ; to be paid in such instalments,
and at such times, as the stockholders may direct : provided, Proviso.
that the whole amount be paid in on or before the first
Monday in April, in the year one thousand eight hundred
and fifty.
Sect. 3. The stock of said bank shall be transferable stock how
only at its banking-house, and in its books. [Approved by transferable-
the Governor, April 26, 1849.]
An Act in relation to the Concealment of Wills, or Testamentary Papers, of CJlCtp 146.
Deceased Persons.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Upon complaint made, under oath, to the Course of pro-
judge of probate, by any person claiming to be interested one Sufpected
in the estate of any person deceased, against any one sus- ^(j0 &paling a
pected of retaining, or concealing, or conspiring with others
to retain, or conceal, any will or testamentary instrument
94 1849. Chap. 146—147.
Judge of pro- of said deceased, the judge may cite such suspected persons
bctte to examine v o j j. *
on oath. to appear before him, and be examined on oath, upon the
matter of such complaint ; and if the person, so cited, shall
refuse to appear, and submit to such examination, or to
answer such interrogatories, as shall be lawfully propounded
to him, or to obey any lawful order of said judge, the judge
may commit such person, so refusing, to the common jail
of the county, there to remain in close custody, until he
interrogatories, shall submit to the order of the court. And all such inter-
writin° &c!" rogatories and answers shall be in writing, and shall be
signed by the party examined, and filed in the probate
Proviso. court : provided, that nothing in this act contained, shall be
deemed to authorize the judge to require any person to
criminate himself.
Of costs. Sect. 2. On such complaint, costs may be awarded by
the judge, in his discretion, to be paid by either party to
the other, and he may issue execution therefor.
Sect. 3. This act shall take effect, from and after its
passage. [Approved by the Governor, April 26, 1849.]
Ohrin 1 4-7 •*n "^CT t0 >ncrease 'he Capital Stock of the Haverhill Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Haverhill Bank, may increase their present capital stock by
$50,000 addi- an addition thereto of fifty thousand dollars, in shares of
tionai stock. one himcire(j dollars each, which shall be paid in such in-
stalments as the president and directors of said bank may
Proviso. determine : provided, that the whole amount shall be paid
in on or before the first Monday in April, in the year one
thousand eight hundred and fifty.
Same tax, &c, Sect. 2. The additional stock aforesaid, when paid into
stock.0ng"ia sai(l bank, shall be subject to the like tax, regulations, re-
strictions, and provisions, to which the present capital stock
is subject.
Certificate to be Sect. 3. Before said corporation shall proceed to do
st>cretaV'oft!ie business on said additional capital, a certificate, signed by
Commonwealth, 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, April 26,
1849.]
1849. Chap. 148—150. 95
An Act relating to Discharged Convicts. Chan 148
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The warden of the State Prison is hereby Warden of
directed to pay over to the agent of the State for aiding payover*™
discharged convicts, to be expended by him for their ben- apcnl of dis-
efit, such sums of money as he is now authorized, by sec- victs, money in
tion fifty-third, chapter one hundred and forty-fourth, of the cerlam cases-
Revised Statutes, to pay to the convicts themselves ; and the
said agent shall account therefor to the inspectors of the
State Prison.
Sect. 2. All acts and parts of acts inconsistent here-
with are hereby repealed. [Approved by the Governor,
April 26, 1849.]
An Act concerning the Taxation of Income. Chan 149.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Income, from any profession, trade, or employment, shall or the taxation
not be construed to be personal estate, for the purposes of a profession0™
taxation, except such portion of said income as shall ex- trade, &c.
ceed the sum of six hundred dollars per annum ; provided, Proviso.
however, that no income shall be taxed which is derived
from any property or estate which is the subject of taxa-
tion. [Approved by the Governor, April 26, 1849.]
An Act to authorize the City of Boston to establish a Cemetery. Chap 150.
BE it enacted by the Senate and House of Representa-
tives, in Genial Court assembled, and by the authority of
the same, as follows :
The city of Boston is hereby authorized to purchase city of Boston
and hold land, for a public cemetery, in any town in this "cnLtery inany
Commonwealth, and to make and establish all suitable J°wn in lhe
rules, orders, and regulations, for the interment of the dead wealth, with its
therein, to the same extent that the said city of Boston is conscnt-
now authorized to make such rules, orders, and regulations,
for the interment of the dead, within the limits of the said
city; provided, that the consent of any town, in which the
said cemetery is proposed to be located, shall first be ob-
tained for the purpose. [Approved by the Governor, April
26, 1849.]
96 1849. Chap. 151—153.
CJlCVP 151. ^n ^CT re'atin? l0 tne Settlement of certain Pauper Accounts.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Of the rendition Sect. 1. All accounts against the Commonwealth for
paupersUsickf°r allowance t0 cities and towns for support of State paupers
with infectious sick with an infectious disease, dangerous to the public
health, shall be so made out, as to include all claims for
such support up to the first day of November, annually ;
and shall be rendered to the secretary of the Common-
wealth, on or before the third Wednesday of said No-
vember,
ofsuehasare Sect. 2. All accounts against the Commonwealth for
pers!"1^'0 paU allowance for the support of lunatic State paupers, shall
be so made out, as to include all claims for such support up
to the first day of December, annually, and shall be ren-
dered to the secretary of the Commonwealth, on or before
the third Wednesday of said December.
No account for Sect. 3. No account for the support of any State pau-
to be aibwedS Per snall be allowed by the auditor of accounts, unless the
unless, &c ' same shall be rendered within the time specified by law.
Secretary of Sect. 4. It shall be the duty of the secretary of the
mkaUciaims" Commonwealth to transmit all claims against the Common-
apinst the wealth, rendered to his office, to the auditor of accounts.
wealth°to the Sect. 5. All acts and parts of acts, inconsistent with
auditor. the provisions of this act, are hereby repealed. [Approved
RePeaL by the Governor, April 28, 1849.]
Chap 152. ^n ^CT concerning the Vermont and Massachusetts Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Time for con- The time allowed by law for constructing the Greenfield
tended'fo Ja'nu- aild Fitchburg Railroad, as provided in the two hundred
ary i, 1851. and sixty-eighth chapter of the laws of the year one thou-
sand eight hundred and forty-eight, is hereby extended to
the first day of January, in the year one thousand eight
hundred and fifty-one. [Approved by the Governor, April
28, 1849.]
Chap 153. An -A-CT concerning Railroad Corporations.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Applications to The application to the county commissioners to estimate
estimate dam- tjie fjamages occasioned by laying out, and making, and
maintaining, any railroad over the land of any person, may
1849. Chap. 153—156. <J7
be made by the corporation owning such road, as well as
by the owner of such land. [Approved by the Governor ,
April 28, 1849.]
An Ait in addition to "An Act to incorporate the Pitcbawam Manufacturing Chan 1 54
Company." J-
BE it enacted by the Senate and House of Representee- 1848, ch. no.
fives, in General Court assembled, and by the authority of
the same, as follows :
The Pitchawam Manufacturing Company are hereby an- Company may
thorized to manufacture paper, or cotton goods, under the maiiufaclure
r i -i c ht i ■ i paper, or cotton
act passed on the twenty-iourth day ol March, in the year goods.
one thousand eight hundred and forty-eight. [Approved
by the Governor, April 28, 1849.]
An Act relating to the State Library. Chan 155
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The secretary of the Board of Education Secretary of
shall be the librarian of the State Library, with power to fatfonto£dU"
appoint an assistant, who shall also act, when necessary, as librarian.
clerk of the board.
Sect. 2. All laws, documents, and other publications, Laws, &c.; to
belonging to the State, and for public use, shall be de- iibra™.e mtle
posited in the library, which shall be kept open every day
in the year except Sundays, and the usual public holidays.
Sect. 3. Said librarian shall report to the Legislature, Librarian to
annually, in the month of January, the receipts and expen- annualyTotiie
ditures on account of the library, with a list of all books, Legislature,
maps, and charts, acquired since the last report, specifying
those obtained by exchange, donation, or purchase ; and
those, if any, which have been lost or are missing ; and
make such suggestions in relation to the library as may
lead to its improvement. [Approved by the Governor, April
28, 1849.]
An Act to incorporate the Mansfield Coal and Mining Company. Chop 156.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Alfred Hardon, James C. Tallman, B. F. Persons incor-
Sawyer, their associates and successors, are hereby made a
corporation, by the name of the Mansfield Coal and Mining
Company, and, for the purposes of digging and mining For mining.
coal, and other minerals, and converting the same to useful
purposes, and prosecuting the mining business in all its
13
98
1849.-
-Chap. 156—158.
branches, in the town of Mansfield, in the county of Bris-
tol, are hereby invested with all the powers and privileges,
and subject to all the duties, liabilities, and restrictions,
R.s.ch. 38,44. contained in chapters thirty-eight and forty-four of the
Revised Statutes.
Sect. 2. Said corporation may hold, for the purposes
aforesaid, real estate, not exceeding, in value, fifty thou-
sand dollars, and the whole capital stock shall not exceed
two hundred thousand dollars : provided, that no shares in
the capital stock of said corporation shall be issued for a
less amount, to be actually paid in on each, than the par
value of the shares which shall be first issued. [Approved
by the Governor, April 30, 1849.]
Powers and
duties.
Real estate.
Capital stock
Proviso.
Chap 157.
1836, ch. 203.
#250,000 addi-
tional slock.
Same tax, &c,
as on original
stock.
Certificate to
be returned to
the secretary of
the Common-
wealth.
An Act to increase the Capital Stock of the Shoe and Leather Dealers' Bank.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The President, Directors, and Company of the
Shoe and Leather Dealers Bank, in Boston, may increase
their present capital stock, by an addition thereto of two
hundred and fifty thousand dollars in shares of one hundred
dollars each, which shall be paid in such instalments as the
president and directors may determine : provided, that the
whole amount shall be paid in on or before the first Monday
in April, in the year one thousand eight hundred and fifty.
Sect. 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 is subject.
Sect. 3. Before said corporation shall proceed to do
business on 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. [Approved by the Governor, April
30, 1849.]
Chap 158.
Of the evidence
under the acts
against killing
birds within
prohibited
periods.
An Act for the better Preservation of Useful Buds.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. If, in any suit or prosecution, under either
section of chapter fifty-third of the Revised Statutes, ex-
cept the seventh, any birds, therein specified, are found in
the possession of any person or persons, at any time respect-
ively limited by said chapter, or this act, in which it is
1849. Chap. 158—159. 99
made unlawful to take or kill such birds, the legal presump-
tion shall be that such birds were taken or killed within
the limits of the Commonwealth, and, if the defendant
wish to prove that such birds, so found in his possession,
were taken or killed without the limits of the Common-
wealth, the burden of proof shall be upon him.
Sect. 2. The time specified in the first section of said Limitation in
chapter, in which it is made unlawful for any person to ch! oMLS.***
kill or destroy any birds called woodcocks, snipes, larks, or extended.
robins, shall be extended from the fourth day of July to
the first day of August.
Sect. 3. The time specified in the third section of said Limitation in 3d
chapter, in which it is made unlawful to kill or destroy fied!°n mo
any birds on salt marshes, shall hereafter extend only from
the first day of March to the first day of July.
Sect. 4. The time specified in the fifth section of said Limitation in
chapter, in which it is made unlawful for any person to moaned0"
take, confine, kill, or destroy, any of the birds called
plover, civrlew, dough-bird, or chicken-bird, shall hereafter
extend only from the twentieth day of April to the first
day of July.
Sect. 5. Half of every penalty recovered for a viola- Of penalties,
tion of the provisions of said chapter, or of this act, shall
enure to the use of the prosecutor, and the other half to
the overseers of the town or city in which the offence was
committed, to be used for the benefit of the poor of such
town or city. [Approved by the Governor, April 30, 1849.]
An Act authorizing Railroad Corporations to alter the Direction of High- Ch(ip 159.
ways. *
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. If any railroad corporation, which has been Proceedings by
or may be established, shall think proper to alter the course Nations to°avo[d
of any highway, or town way, for the purpose of facilitat- crossing high-
ing the crossing of the same by their railroad, or for the
purpose of permitting their railroad to pass at the side of
such way, without crossing the same, they may make such
alteration in such manner as shall be directed by the com-
missioners of the county where such way is situated :
provided the commissioners, after clue notice to the select-
men of the town where such way is situated, shall be of
opinion that such alteration will not essentially injure such
way : and provided, further, that any damage occasioned
to private property thereby shall be paid by the corporation,
as in case of land taken for the construction of the railroad.
100
1849.-
-Chap. 159—161.
R.S.ch.39,
§ 70, repealed.
Sect. 2. The seventieth section of the thirty-ninth
chapter of the Revised Statutes is hereby repealed. [Ap-
proved by the Governor, April 30, 1849.]
Chap 160.
Bank estab-
lished in Boston.
Powers and
duties.
R. S. ch. 36,
and other gen-
eral laws.
Capital stock
#150,000.
Proviso.
Stock, how
transferable.
An Act to incorporate the Cochituate Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Samuel S. Perkins, John W. Warren, Jr.,
Isaac Carey, their associates and successors, are hereby
made a corporation, by the name of the President, Direct-
ors, and Company of the Cochituate Bank, to be located
south of Boylston Street in the city of Boston, and to con-
tinue a corporation until the first day of October, in the
year one thousand eight hundred and sixty-nine, and shall
be entitled to all the powers and privileges, and subject to
all the duties, liabilities, and restrictions, set forth in the
public statutes of this Commonwealth, relative to banks
and banking.
Sect. 2. The capital stock of said bank shall consist
of one hundred and fifty thousand dollars, to be divided
into shares of one hundred dollars each, to be paid in such
instalments, and at such times, as the stockholders may
direct : provided, that the whole be paid in on or before the
first day of April, in the year one thousand eight hundred
and fifty.
Sect. 3. The stock of said bank shall be transferable
only at its banking-house, and on its books. [Approved by
the Governor, April 30, 1849.]
Chap 161.
Rear car in
every freight
train must have
brake and
brakeman.
When to take
effect.
An Act concerning Railroads.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. No railroad corporation shall run, or permit to
be run, upon their road, any train of cars for the transpor-
tation of merchandise, unless the rear or hindmost car of
such train shall be provided with a good and sufficient
brake, nor unless there shall be placed, and permanently
stationed on such car, one trusty and skilful brakeman,
under a penalty of not exceeding the sum of one hundred
dollars for each offence, to bo recovered in any court com-
petent to try the same.
Sect. 2. This act shall take effect at the expiration of
three months from its passage. [Approved by the Gov-
ernor, April 30, 1849.]
1849. Chap. 162—164. 101
An Act to incorporate the Association for the Relief of Aged Indigent Chan 162.
Females. ■*
BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled, and by the authority of
the same, as folloivs :
Moses Grant, Charles F. Barnard, and Lewis E. Caswell, Persons incor-
their associates and successors, are hereby made a corpora- poratc '
tion, by the name of the Association for the Relief of Aged
Indigent Females, for the purpose of providing for the support For the support
of aged indigent females, not otherwise provided for ; with of affed females-
all the powers and privileges, and subject to all the duties, Powers and du-
liabilities, and restrictions, set forth in the forty-fourth chap- r. g. cll 44
ter of the Revised Statutes ; and, for the purposes aforesaid,
may take and hold real estate to an amount not exceeding Real estate,
fifty thousand dollars, and personal property to an amount f>ers'onai estate
not exceeding twenty-five thousand dollars. [Approved by s25,ooo.
the Governor, April 30, 1849.]
An Act in relation to the Old Colony Railroad Corporation. Chnn 1 fi^
BE it enacted by the Senate and House of Representa- 1844 ch 150
tives, in General Court assembled, and by the authority of 1845^ ch. 120,'
]°6 241
the same, as follows : ^ ch.'2"3
Sect. 1. The Old Colony Railroad Corporation may 1847, ch. 85,
omit to complete, and may discontinue any portion of their '
railroad in the city of Boston ; and, by such omission or dis- tinuanceofany
continuance, shall not lose or impair their rights and privi- par'oftheir
leges, conferred by their original charter : provided, that &c.
this act shall not be construed to continue any right to con- Proviso.
struct any portion of such railroad in said Boston, after the
time specified in their original charter, nor shall this act be
construed to admit the right of said corporation to construct
any such portion of said railroad.
Sect. 2. The said corporation are hereby authorized to Corporation
carry out their contract to lease the South Shore Railroad, Se^eonLact
a copy of which is annexed to their annual report of Jan- "ith South
uary, in the year one thousand eight hundred and forty- Company.' r°
eight. [Approved by the Governor, May 1, 1849.]
An .Act in addition to "An Act to incorporate the Proprietors of the Mill Cliff p 164.
Dam Foundry."
BE it enacted by the Senate and House of Representa- 1831, ch. 51.
tives, in General Court assembled, and by the authority of
the same, as folloivs :
The Proprietors of the Mill Dam Foundry are hereby Authorized to
authorized to purchase and hold, as part of their capital ^aWwiifjMiils
stock, the mill known by the name of the Baldwin Mills, i» Boston, and
in the city of Boston, with the land and privileges thereto reaiestate.
102 1849. Chap. 164—166.
belonging, and such other real estate as may be necessary
for carrying on the business of said mill, and for no other
purpose. [Approved by the Governor, May 1, 1849.]
Ck(W 165. ^n -^CT to incorporate the Long Island Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Persons incor- Sect. 1. Benjamin Smith, David W. Barnes, S. Hillman
porate . Barnes, their associates and successors, are hereby made a
corporation, by the name of the Long Island Company,
To hold Long with power to purchase and hold, in fee simple, or other-
tonaiharbor°S" wise, all or any part of that tract of land lying in Boston
harbor, and known as Long Island, and all the rights, ease-
ments, privileges, and appurtenances, thereto belonging ;
May construct and said corporation may, within the limits aforesaid, coll-
ate. S; Wian s' struct and maintain docks and wharves, erect buildings,
and so manage and improve said property, as to them may
Proviso. seem expedient : provided, that nothing herein contained
shall authorize said corporation to infringe upon the legal
rights of any person or corporation whatever, or in any
manner to impede navigation in the harbor of Boston.
General powers Sect. 2. Said corporation shall have all the powers and
ills. ch'e38, 44. privileges, and be subject to all the duties, liabilities, and
restrictions, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Personal prop- Sect. 3. Said corporation may hold personal property,
Real estate n°t exceeding in amount fifty thousand dollars, and real
$ ioo;ooo. estate, not exceeding in value the sum of one hundred
thousand dollars.
No share to be Sect. 4. No shares in the capital stock of said corpora-
parvaiue of '° ti0n shall be issued for a less amount, to be actually
original shares. paid [n on each, than the par value of the shares which
shall be first issued. [Approved by the Governor, May 1,
1849.]
C(han 1 66 ^n ^CT to mcorPorale tne Fitchburg Hotel Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons incor- Sect. 1. Abial J. Towne, Nathaniel Wood, Ivers Phil-
porated. lips, their associates and successors, are hereby made a cor-
poration, by the name of the Fitchburg Hotel Company,
for the purpose of erecting, in said town of Fitchburg,
buildings necessary and convenient for a public house ;
with all the powers and privileges, and subject to all the
1849. Chap. 166—168. 103
duties, liabilities, and restrictions, set forth in the forty- Powers and du-
fourth chapter of the Revised Statutes. jj^g ch u
Sect. 2. Said corporation may hold such real and per-
sonal property, as may be necessary and convenient for the
purposes aforesaid, not exceeding in amount sixty thousand Estate,
dollars : provided, that no shares in the capital stock of said
corporation shall be issued for a less sum or amount, to be value of shares.
actually paid in on each, than the par value of the shares
which shall be first issued. And if any ardent spirits, or Act to be void,
intoxicating drinks of any kind whatever, shall be sold by ar^soTi IFc"'8
said company, or by their agents, lessees, or persons in their
employ, contrary to law, in any of said buildings, then this
act shall be void. [Approved by the Governor, May 1,
1849.]
An Act to incorporate the Assabet Manufacturing Company. ClMip 167o
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the saiine, as follows :
Sect. 1. William H. Knight, Amory Maynard, Charles Corporators.
L. Field, their associates and successors, are hereby made a
corporation, by the name of the Assabet Manufacturing Com- „
^ , * „ , , formanufactur-
pany, tor the purpose oi manufacturing wool, cotton, hemp, ing in Sudbury
and flax, in the towns of Sudbury and Stow, in the county and Stow-
of Middlesex, with all the powers and privileges, and sub-
ject to all the duties, restrictions, and liabilities, set forth in ties;R.s.ch.38,
the thirty-eighth and forty-fourth chapters of the Revised 44-
Statutes.
Sect. 2. Said corporation may, for the purpose afore-
said, hold real estate, not exceeding in amount one hundred Real estate,
thousand dollars, and the whole capital stock shall not poo/jco00
exceed three hundred thousand dollars : provided, that no Proviso as to
shares in the capital stock of said corporation shall be issued value of shares.
for a less amount, to be actually paid in on each, than the
par value of the shares which shall be first issued.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, May 1, 1849.]
An Act to establish the Laighton Bank, in Lynn. Chap 168.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Francis S. Newhall, George W. Raddin, Ezra Bank estai.iish-
Baker, their associates and successors, are hereby made a ed ,n L-V"n'
corporation, by the name of the President, Directors, and
Company of the Laighton Bank, to be established in Lynn,
104
1849.-
-Chap. 168—169.
Powers and du-
ties R. S. ch. 36,
and other gen-
eral laws.
Stock, how
transferable.
Capital stock
#100,000.
Proviso.
in the county of Essex, and shall so continue until the first
day of October, which shall be in the year one thousand
eight hundred and sixty-nine, with all the powers and priv-
ileges, and subject to all the duties, restrictions, and liabili-
ties, set forth in the public statutes of this Commonwealth
relative to banks and banking.
Sect. 2. The stock in said bank shall be transferred
only at its banking-house and in its books.
Sect. 3. The capital stock of said corporation shall
consist of one hundred thousand dollars, to be divided into
shares of one hundred dollars each, and to be paid in such
instalments, and at such times, as the stockholders may di-
rect : provided the whole be paid in, on or before the first
day of January next. [Approved by the Governor, May 1,
1849.]
Chap 169.
Corporators.
Powers and du-
ties, R. S. ch.
44, 3D, and other
general laws.
Route of road.
Capital stock.
An Act to establish the Fairhaven Branch Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Nathaniel Church, Warren Delano, Ezekiel
Sawin, Zaccheus M. Barstow, Loring Meiggs, Stephen C.
Luce, Gilbert Hathaway, their associates and successors,
are hereby made a corporation, by the name of the Fairha-
ven Branch Railroad Company, with all the powers and
privileges, and subject to all the duties, restrictions, and
liabilities, contained in the forty-fourth chapter of the Re-
vised Statutes, and in that part of the thirty-ninth chapter
of said Statutes, relating to railroad corporations, and in all
general laws which are now, or may be hereafter, in force,
respecting railroads in this Commonwealth.
Sect. 2. The said corporation is hereby authorized and
empowered to locate, construct, and maintain a railroad,
with one or more tracks, commencing at some convenient
point in the village of Fairhaven, in the county of Bristol ;
thence, running in an easterly and northerly direction to,
and intersecting the Cape Cod Branch Railroad, at or be-
tween the South Middleborough Station, and the South
Wareham Station, in the county of Plymouth, and to use
the same, or any part thereof, according to the provision of
law ; the said Fairhaven Branch Railroad to be located
within one mile of the village of Mattapoisett, in the town
of Rochester, and within three fourths of one mile of Men-
dell and Leonard's store, in Sippican quarter of said town
of Rochester.
Sect. 3. The capital stock of said corporation shall
consist of not more than twenty-five hundred shares, the
1849. Chap. 169—170. 105
number of which shall be determined, from time to time,
by the directors of said corporation; and no assessment °f assessments,
shall be laid thereon, of a greater amount, in the whole,
than one hundred dollars on each share : and said corpora-
tion may take, purchase, and hold such real estate, and may Real estate.
purchase and hold such engines, cars, and' other things, as
may be necessary for the purposes of their incorporation.
All shares in the capital stock of said corporation shall be Proviso, as to
issued for the same value or amount, to be actually paid in valueofshares-
on each.
Sect. 4. If the location of the said railroad, as provided Location in two
for in the second section, be not filed, according to law, years-
within two years, and if said railroad be not constructed t° be Fonv
... r J l . r i ■ i ■ in P'eted in four
withm tour years from the passage ot this act, this act shall years.
be void.
Sect. 5. Said corporation is hereby authorized to enter May enter upon
upon and unite their railroad, by proper means, with the Branch r. r.
Cape Cod Branch Railroad, as aforesaid ; and also to use Fail River r.r.
said Cape Cod Branch Railroad, Fall River Railroad, and colony r.r.
the Old Colony Railroad, paying therefor such a rate of toll
as may be mutually agreed upon by the parties, or as the
General Court may, from time to time, prescribe.
Sect. 6. The General Court may authorize any com- other railroads
pany to enter, with another railroad upon, and use said F13^ be author~
*- j / _l / iz6(l to enter
Fairhaven Branch Railroad, or any part thereof, by comply- upon this,
ing with such reasonable rules and regulations as the said
Fairhaven Branch Railroad Company may prescribe, or as
may be determined by the provisions of law.
Sect. 7. The General Court may, after the expiration After four years
of four years from the time when said railroad may be ^l™^ be re"
opened for use, from time to time, alter and reduce the rate
of tolls or profits upon said railroad; but said tolls or profits Proviso.
shall not be so reduced, without the consent of said corpo-
ration, as to produce, with said profits, less than ten per
centum per annum upon the investment of said corporation.
Sect. 8. This act shall take effect from and after its
passage. [Approved by the Governor, May 1, 1849.]
An Act to incorporate the Charles River Branch Raiiroad Company. Chan 170
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Otis Pettee, Edgar K. Whitaker, Elijah Perry, Corporators,
their associates and successors, are hereby made a corpora-
tion, by the name of the Charles River Branch Railroad
Company, with all the powers and privileges, and subject t?°swers and du'
to all the duties, restrictions, and liabilities, contained in
14
106
1849.
-Chap. 170.
R.S.ch. 44,39.
and other gen-
eral laws.
Route of road.
Capital stock.
Real estate.
Proviso.
Location.
Completion.
Other roads
may be author-
ized to enter on
this.
Tolls may be
reduced after
five years.
the forty-foiirth chapter of the Revised Statutes, and in that
part of the thirty-ninth chapter of said statutes which relates
to railroad corporations, and in all general laws which have
been, or may be, hereafter passed, relating to such corpora-
tions.
Sect. 2. Said company may locate, construct, and main-
tain a railroad, with one or more tracks, from some con-
venient point on the Boston and Worcester Railroad near
Angier's Corner, in Newton, or from a point at or near the
western terminus of the Brookline Branch of said Boston
and Worcester Railroad, in Brookline, as the corporation
hereby created, when lawfully organized, shall elect ; and
through Newton and East Needham to some convenient
point in Dover, passing near the villages of Newton Centre,
Upper Falls, and East Needham, with liberty to enter upon
and use said Boston and Worcester Railroad, or said Brook-
line Branch, as the case may be, in the manner that is or
may be prescribed by the laws of this Commonwealth.
Sect. 3. The capital stock of said corporation shall
consist of not more than three 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 the said corporation may take, pur-
chase, and hold, such real estate, and may purchase and
hold such engines, cars, and other things, as may be neces-
sary or convenient for the use of said railroad, and for the
transportation of passengers, goods, and merchandise : pro-
vided, however, that the said corporation shall construct its
said railroad over the Boston Aqueduct in Newton or Brook-
line, in such manner as not to injure the same.
Sect. 4. If the location of said railroad be not filed ac-
cording to law, within two years from the passage of this
act, or if the said railroad shall not be completed, with at
least one track, from its said terminus at Dover to said
Boston and Worcester Railroad, or to said Brookline Branch,
within three years from the passage of this act, the same
shall be void.
Sect. 5. The Legislature may authorize any company
to enter, with another railroad, upon, and use the railroad
hereby established, or any part thereof, by complying with
such reasonable rules and regulations as the said Charles
River Branch Railroad Company may prescribe, or as may
be determined according to law.
Sect. 6. The Legislature may, after the expiration of
five years from the time when said railroad shall be opened
for use, from time to time, reduce the rates of toll, or other
1849. Chap. 170—172. 107
profits, upon said railroad ; but the same shall not, without
the consent of said corporation, be so reduced as to produce
less than ten per cent, per annum upon the investment of
said company.
Sect. 7. All shares in the capital stock of said corpora- Value of shares,
tion shall be for the same value or amount, to be actually-
paid in. [Approved by the Governor, May 1, 1849.]
An Act to incorporate the Cocasset Coal Mining Company. Chan 171.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Thomas M. George, Edward Kingman, Foster Corporators.
Bryant, their associates and successors, are hereby made a
corporation, by the name of the Cocasset Coal Mining
Company, for the purpose of digging and mining coal and For mining,
other minerals, and converting the same to useful purposes, fie]j'.
and prosecuting the mining business in all its branches, in
the town of Mansfield, in the county of Bristol, with all
the powers and privileges, and subject to all the duties, re- Powers and
strictions, and liabilities, set forth in the thirty-eighth and ru gesch 38> 44
forty-fourth chapters of the Revised Statutes.
Sect. 2. Said corporation may hold, for the purposes Real estate,
aforesaid, real estate, not exceeding in value, fifty thousand
dollars, and the whole capital stock shall not exceed two Capital stock,
hundred thousand dollars : provided, that no shares in the Proviso, as to
capital stock of said corporation shall be issued for a less valueofshares-
sum or amount, to be actually paid in on each, than the par
value of the shares which shall be first issued. [Approved
by the Governor, May 1, 1849.]
An Act concerning Accidents upon Railroads. Chan 172
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever any accident shall occur upon any Duties of coro-
railroad in this Commonwealth, attended with loss of life, accidents on
it shall be the duty of the coroner of the county whose railroads.
residence is nearest to the place where such accident shall
occur, to take an inquest upon view of the dead body or
bodies of such persons as shall have come to their death by
such accident, in the manner provided by the one hundred R. s.ch. uo.
and fortieth chapter of the Revised Statutes.
Sect. 2. It shall be the duty of every railroad corpora- Railroad corpo-
. , i-i in rations to give
tion, on whose road any such accident shall occur, to cause notice to coro-
immediate notice to be given to such coroner of the occur- ners-
108 1849. Chap. 172—174.
rence of such accident. [Approved by the Governor, May
1, 1849.]
Chap 173. Aq Act to abolish Corporal Punishment in 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 :
No blows to be No officer in the State Prison shall inflict any blows
inleiMefencer whatever upon any convict, unless in self-defence, or to
&c. suppress a revolt or insurrection. If, in the opinion of the
warden of the prison, it shall be deemed necessary, in any
case, to inflict unusual punishment, in order to produce the
entire submission or obedience of any convict, it shall be
What extrapr- his duty to confine such convict immediately in a cell,
ment^iiowed! upon a short allowance, and to retain him therein until he
shall be reduced to submission and obedience. The short
allowance to each convict, so confined, shall be prescribed
by the physician, whose duty it shall be to visit such con-
vict, and examine daily into the state of his health, until
the convict be released from solitary confinement and re-
turned to his labor. [Approved by the Governor, May 1,
1849.]
Chan 1 74 An ^CT t0 incorPorate 'he Milford 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 :
Bank in Milford. Sect. 1. A. C. Mayhew, _ D. S. Godfrey, W. A. Hay-
ward, their associates and successors, are hereby made a
corporation, by the name of the President, Directors, and
Company of the Milford Bank, to be located in the town of
Milford, and to continue a corporation until the first day of
October, in the year one thousand eight hundred and sixty-
Powers and nine, and shall be entitled to all the powers and privileges,
duties. an(j subject to all the duties, restrictions, and liabilities, set
r. s. ch. 36, forth in the public statutes of this Commonwealth relative
^ltws.^11" to banks and banking.
Capital stock, Sect. 2. The capital stock of said bank shall consist of
#100,000. one nmidred thousand dollars, to be divided into shares of
one hundred dollars each, to be paid in such instalments,
Proviso. and at such times, as the stockholders may direct : provided,
that the whole be paid in on or before the first day of April,
in the year one thousand eight hundred and fifty.
stock, how Sect. 3. The stock of said bank shall be transferable
only at its banking-house, and in its books. [Approved by
the Governor, May 1, 1849.]
1849. Chap. 175—176. 109
An Act to incorporate the Rollstone Bank, in Fitchburg. Chill) 175.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Alvah Crocker, Nathaniel Wood, Daniel Put- Bank in Fitch-
nam. their associates and successors, are hereby made a cor- 1>urs'
point ion, by the name of the President, Directors, and
Company of the Rollstone Bank, to be located in the town
of Fitchburg, and shall so continue until the first day of
October, in the year one thousand eight hundred and sixty-
nine, and shall be entitled to all the powers and privileges, Powers and
and subject to all the duties, liabilities, and restrictions, set ^u gS'ph 36
forth in the public statutes of this Commonwealth in rela- anci other gen-
tion to banks and banking. craI laws-
Sect. 2. The capital stock of said corporation shall Capital stock,
consist of one hundred thousand dollars, to be divided into
shares of one hundred dollars each ; to be paid in such
instalments as the stockholders may direct : provided, that Proviso.
the whole be paid in on or before the first Monday in April
next.
Sect. 3. The stock of said bank shall be transferable Stoe^hoy
only at its banking-house, and- on its books. [Approved by
the Governor, May 1, 1849.]
An Act to establish the Union Bank in Haverhill. Chap 176.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Alfred Kittredge, James Noyes, Charles Por- Bank in Haver-
ter, their associates and successors, are hereby made a cor-
poration, by the name of the President, Directors, and
Company of the Union Bank, to be established in the town
of Haverhill, in the county of Essex, and shall so continue
until the first day of October, which shall be in the year
one thousand eight hundred and sixty-nine, with all the p°("eesrs and
powers and privileges, and subject to all the duties, restric-
tions, and liabilities, set forth in the public statutes of this ancUther gen-
Commonwealth relative to banks and banking. cral laws-
Sect. 2. The capital stock of said bank shall consist Capital stock.
of one hundred thousand dollars, to be divided into shares
of one hundred dollars each, to be paid in such instalments,
and at such times, as the stockholders may direct : pro- Proviso.
vided, that the whole be paid in on or before the first day
of April, in the year one thousand eight hundred and fifty.
Sect. 3. The stock of said bank shall be transferable s<,„] w
• r j i. transferal'!''.
only at its banking-house, and in its books. [Approved by
the Governor, May 1, 1849.]
110
1849.-
-Chap. 117—178.
Chap 177.
Bank in Spring-
field.
Powers and
duties.
R. S. ch. 36,
and other gen-
eral laws.
Capital stock.
Proviso.
Stock, how
transferable.
An Act to incorporate the Western Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Eliphalet Trask, Samuel Bailey, Samuel S.
Day, their associates and successors, are hereby made a
corporation, by the name of the President, Directors, and
Company of the Western Bank, to be located in the town
of Springfield, and to continue a corporation until the first
day of October, in the year one thousand eight hundred
and sixty-nine, and shall be entitled to all the powers and
privileges, and be subject to all the duties, liabilities, and
restrictions, set forth in the public statutes of this Common-
wealth relative to banks and banking.
Sect. 2. The capital stock of said bank shall consist of
one hundred thousand dollars, to be divided into shares of
one hundred dollars each ; to be paid in such instalments,
and at such times, as the stockholders may direct : provided,
that the whole be paid in on or before the first Monday in
April, in the year one thousand eight hundred and fifty.
Sect. 3. The stock of said bank shall be transferable
only at its banking-house, and on its books. [Approved by
the Governor, May 1, 1849.]
Chap 178.
Ante, ch. 30.
Doings of the
probate court,
April G, 1849,
confirmed.
Proviso as to
rights affected
by any proceed-
ing at said
court.
An Act to confirm the Doings of the Probate Court at Dighton.
P> K it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as fa1 lows :
Sect. 1. The probate court held at Dighton, in and for
the county of Bristol, on the sixth day of April, in the
year one thousand eight hundred and forty-nine, shall be
deemed a court duly and lawfully held, any thing in the
act passed on the thirteenth day of March, in the year
aforesaid, entitled " An Act establishing an annual term of
the court of probate at Pawtucket, in the county of Bris-
tol," to the contrary notwithstanding ; and the doings of
the said court at Dighton are hereby ratified and confirmed,
and all decrees and orders passed, and all business trans-
acted and proceedings had in the said last named court, are
declared to be, and they are, as valid and effectual, to all
intents and purposes, as the same would have been, if the
act above named had not been passed : provided, that any
person whose rights were affected by any proceeding had
by said court, may file, with the register of said court, his
objections to the same at any time within sixty days from
the passage hereof. In case any such objection shall be
filed, the proceeding objected to shall be considered a mil-
1849. Chap. 178—180. Ill
lity, and like proceedings shall be had in the matter as if
no court had been held in Dighton.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 1, 1849.]
An Acr concerning the First Baptist Society of Lancaster. Chap 179.
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 proceedings of the First Baptist Society of Lancas- Proceedings
ter, as recorded in their books of record, in reference to the con rme '
past, are hereby confirmed and made valid, notwithstanding
any defects which may appear to exist in regard to the
record of the administration of the oath to the clerk of
said society, or in regard to an informality in the maimer
of recording the doings of said society, by the omission of
the said clerk to attest the same. [Approved by the Gov-
ernor, May 1, 1849.]
An Act to incorporate the Dorchester and Milton Extension Railroad Com- Chap 180.
pany.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Edmund P. Tileston, Nathan Carruth, and Corporator.
Edward King, their associates and successors, are hereby
made a corporation, by the name of the Dorchester and
Milton Extension Railroad Company, with all the powers Powers and du-
and privileges, and subject to all the liabilities, duties, and t,es-
restrictions, set forth in the forty-fourth chapter of the Re- r. s. ch. 44, 39,
vised Statutes, and in that part of the thirty-ninth chapter "jJ^J|J Jjjjjj
of said statutes relating to railroad corporations, and in all
general statutes, that have been, or may hereafter be,
passed relating to such corporations.
Sect. 2. Said company are hereby authorized and em- Route of rail-
powered to locate, construct, and maintain a railroad, with road-
one or more tracks, from some convenient point on the
Dorchester and Milton Branch Railroad, near its terminus,
at Dorchester Upper Mills, through portions of Dorchester
and Milton, to some convenient point of intersection with
the Boston and Providence Railroad, at or near the inter-
section of the Dedham Branch thereof, or between said in-
tersection, and the Monterey station, so called, on said Bos-
ton and Providence Railroad.
Sect 3. The capital stock of said company shall con- Capital stock,
sist of not more than five hundred shares, the number of
which shall be determined, from time to time, by the di-
112
1849.-
-Chap. 180.
Real estate.
Value of shares
Location.
ComDletion.
May be united
with D. & M.
Branch Rail-
road.
Also with the
B. & P. Rail-
road.
Proviso.
Proviso.
B. & P. Rail-
road Corpora-
tion may pur-
chase this road.
Rate of toll
may be re-
duced.
rectors thereof ; and no assessment shall be laid thereon,
of a greater amount, in the whole, than one hundred dol-
lars on each share ; and said corporation may take, pur-
chase, and hold such real estate, and may purchase and
hold such engines, cars, and other things, as may be nec-
essary for the use of said railroad, and for the transporta-
tion of passengers, goods, and merchandise. All shares in
the capital stock of said corporation shall be issued for the
same value, or amount, to be actually paid in on each.
Sect. 4. If the location of said railroad be not filed,
according to law, within one year, and, if the said railroad
shall not be completed within two years from the passage
of this act, then this act shall be void.
Sect 5. Said company are hereby authorized to enter
upon and unite their railroad, by proper means, with the
Dorchester and Milton Branch Railroad, and to use the
same agreeably to the provisions of law.
Sect 6. Said company may also enter upon and unite
their railroad, by proper means, with the Boston and Prov-
idence Railroad, but the Boston and Providence Railroad
Corporation shall not, at any time, be compelled to trans-
port, on any part of their road, any freight, or passengers,
brought upon their road by the corporation hereby estab-
lished, except upon such terms, as shall be agreed upon by
the said two corporations ; provided, however, that the Bos-
ton and Providence Railroad Corporation shall not charge,
for the transportation of such freight and passengers, at a
higher rate than they may charge for the transportation of
freight and passengers on the main line of their road.
Sect. 7. The Boston and Providence Railroad Corpo-
ration may, at any time within one year from the passage
of this act, take, purchase, and hold, the railroad herein
authorized, upon payment, to the corporation herein crea-
ted, of the full amount of the expenditure made by them
upon said railroad, with six per cent, interest on the same ;
and, upon such taking or purchase, the corporation herein
created may close up its affairs, and, upon payment of all
liabilities against it, and the division of its assets, shall
cease to exist.
Sect. 8. The General Court may, from time to time,
reduce the rate of toll, or other receipts, on said railroad,
whenever the net income thereof shall exceed ten per cent,
per annum ; but such tolls or 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 of
said company.
Sect. 9. The General Court may authorize any com-
1849. Chap. 180—182. 113
panv to enter, with their railroad, at any point on said rail- Any other road
1 * ' i j? 11 may ',c aullior-
road, and use the same, or any part thereof, agreeably to ized to entei
the provisions of law. upon this.
Sect. 10. This act shall take effect from and after its
passage. [Approved by the Governor, May 1, 1849.]
An Act to incorporate the Bristol County Coal Mining Company. Chap 181.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. Thomas S. Ridgeway, James Tolman, Ste- Corporators.
phen M. Allen, their associates and successors, are hereby
made a corporation, by the name of the Bristol County
Coal Mining Company, for the purpose of digging and F°r ™"™S in
mining coal, and other minerals, and converting the same
to useful purposes, and prosecuting the mining business in
all its branches, in the town of Mansfield, in the county of
Bristol, with all the powers and privileges, and subject to Powers and du-
all the duties, restrictions, and liabilities, set forth in the t,es-
.thirty-eighth and forty-fourth chapters of the Revised R. s. ch. 38,44.
Statutes.
Sect. 2. Said corporation may hold, for the purposes Real estate.
aforesaid, real estate, not exceeding in value, fifty thousand
dollars, and the whole capital stock shall not exceed two Capital stock.
hundred thousand dollars ; provided, that no shares in the Proviso, as to
capital stock of said corporation shall be issued for a less va,ue of shares-
sum or amount, to be actually paid in on each, than the
par value of the shares which shall be first issued. [Ap-
proved by the Governor, May 1, 1849.]
An Act respecting the Collection of Taxes in the City of Lowell. C%#wl82.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Any collector of taxes for the city of Low- Collector of
ell may resign his office at any time ; provided, the city ^s may re"
council of the said city consent to such resignation. Proviso.
Sect. 2. The said city council, by concurrent vote of city council
both boards, may, at any time, remove from office any col- "j}^™™ *
lector of taxes, whenever such removal shall, in their opin-
ion, be necessary or expedient.
Sect. 3. In the event of any such resignation or re- Vacancy may
moval, the said council shall forthwith proceed to elect a hceJ^l by Clty
new collector of taxes, who shall have authority to com-
plete the collection of the taxes which had been com-
mitted to such retiring officer, in the same manner, with
15
114
1849.
-Chap. 182—183.
the same powers and duties, and subject to the same rules,
as said original officer would have had, or been subject to,
if he had remained in office.
Of the surren- Sect. 4. It shall be the duty of every such collector of
der of records, taxes, on such resignation or removal, to surrender and de-
liver up all his official records, books, and papers, on de-
mand, to the said city council, or to such other person or
persons as they may appoint to receive the same.
Sect. 5. Any collector, so resigning or removed, shall,
as soon as thereto requested, account for and faithfully pay
over to the city treasurer all the taxes actually collected by
him and not already accounted for, and also all taxes that
may have been lost through neglect or default on his part,
with interest on the balance due from him from the date of
such resignation or removal ; and every such collector, upon
accounting and paying, as aforesaid, shall be entitled to be
discharged from all further liability upon his official bond
to the said city. [Approved by the Governor', May 1, 1849.]
books, &c.
Collector, re-
signing or re-
moved, to ac-
count and pay
over, &c.
Chap 183.
Corporators.
Powers and du-
ties.
R. S. ch. 39, 44,
and all other
general laws.
Railroad to be
built.
1048, ch. 273.
Capital stock.
Real and per-
sonal estate.
Value of shares
An Act to incorporate the West Dedham Branch Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Joseph Fisher, Merrill D. Ellis, and Oliver
Capen, their associates and successors, are hereby made a
corporation, by the name of the West Dedham Branch Rail-
road Company, with all the powers and privileges, and sub-
ject to all the duties, liabilities, and restrictions, set forth in
the forty-fourth chapter of the Revised Statutes, and in that
part of the thirty-ninth chapter of said statutes, relating to
railroad corporations, and in all other general laws which
have been, or shall be hereafter passed, relative to railroad
corporations in this Commonwealth.
Sect. 2. Said company is hereby authorized to locate,
construct, and maintain, with one or more tracks, a railroad
from West Dedham to the railroad which the Boston and
Providence Railroad Company was authorized to construct
by the two hundred and seventy-third chapter of the acts
of the year one thousand eight hundred and forty-eight, in
Dedham or West Roxbury.
Sect. 3. The capital stock of said company shall consist
of not more than fifteen hundred shares ; the number of
shares shall be determined by the directors of the company :
no share shall be assessed more than one hundred dollars in
all ; said company may invest and hold such of its property
in real and personal estate, as may be fit and needed for the
purposes of its incorporation. And all shares in the capital
1849. Chap. 183—184. 115
stock of said corporation shall be issued for the same value
or amount, to be actually paid in on each.
Sect. 4. The location of said road shall be filed within Location.
one year ; and said road shall be constructed within two Completion,
years from the passage of this act, or the same shall be
void.
Sect. 5. The General Court, after five years from the Rate of toil
time when said road shall go into actual operation, may re- aft/r sVear"?6''
duce the rate of profits and tolls upon said road, but the
same shall not, without consent of said company, be so re-
duced as to yield less than ten per cent, per annum on the
investments of said company.
Sect. 6. Said company may enter upon and use the May enter upon
Boston and Providence Railroad, and the road which the roadK&c. a' "
Boston and Providence Railroad Company was authorized
to construct through Roxbury, by the two hundred and
seventy-third chapter of the acts of the year one thousand
eight hundred and forty-eight, upon such terms as said
companies may agree upon, or shall be -established by laws
now in force, or to be hereafter enacted.
Sect. 7. The General Court may authorize any other Any other rail-
railroad corporation to enter with a railroad upon said road, authorized to
paying such tolls as may be agreed upon by the respective enter uPon ,his-
corporations, or as shall be fixed by any general law of the
Commonwealth. [Approved by the Governor, May 1, 1849.]
An Act to authorize the Norfolk County Railroad Company to construct a GJlClV 184.
Branch Railroad. -*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. The Norfolk County Railroad Company are Branch Rail-
hereby authorized and empowered to locate, construct, and road descnbcd-
maintain a branch railroad, commencing at some convenient
point on their railroad, near Scott's Hill, in the town of
Bellingham, and thence to the dividing line between this
Commonwealth and the State of Rhode Island, in the di-
rection of the village of Woonsocket, in said Rhode Island.
Sect. 2. If the said company shall not file the location Location,
of said branch railroad with the county commissioners of the
counties of Norfolk and Worcester, within one year from the
passage of this act, or if the said branch shall not be com- Completion.
pleted within two years, this act shall be void.
Sect. 3. In locating, constructing, maintaining, and Powers and
operating, said branch railroad, the said company shall have i^ai darter"
all the powers and privileges, and be subject to all the lia- de-
bilities, duties, and restrictions, which are granted to, or
116 1849. Chap. 184—185.
imposed upon them, by their original charter, and by such
other provisions of law relating to railroads as have been
subsequently passed.
Of a connection Sect. 4. The said Norfolk County Railroad Company
from Woon°-ad are hereby authorized and empowered to connect the branch
socket in Rhode railroad herein authorized, at the line of the State of Massa-
toSiinedofg chusetts, with any railroad that may be constructed from
Massachusetts. trie terminus of said branch, at said line, to the village of
Woonsocket, in the State of Rhode Island, and may lease
the said railroad in Rhode Island, for such time, and upon
such terms, as may be agreed upon, and may make any
contract, or contracts, with the corporation, or persons,
owning the same, for the use and maintenance of such rail-
road, and the property connected therewith ; and, in case
such railroad in Rhode Island shall not be constructed
within the time herein limited for the location and con-
struction of the branch railroad herein granted, then, in
addition to the times hereinbefore specified, for the location
and construction of the said branch railroad, this act shall
be in force, and the said Norfolk County Railroad Com-
pany are authorized to locate and construct such branch
railroad at any time within one year from the construction
of such railroad, in said Rhode Island, from the said village
of Woonsocket to the line of this Commonwealth, in a di-
rection towards said Norfolk County Railroad, within five
years.
Company au- Sect. 5. The said Norfolk County Railroad Company is
thorized to in- herebv authorized to increase its capital stock to an amount
crease capital J -i i n
stock. not exceeding fifty thousand dollars.
Value of shares. Sect. 6. No shares in the capital stock hereby author-
ized, shall be issued for a less amount, to be actually paid in
on each, than the par value of the shares in the original
capital stock of said corporation.
Sect. 7. This act shall take effect from and after its
passage. [Approved by the Governor, May 1, 1849.]
Chat) 185 ^n ^CT l0 incorPorate ,ne Worcester County 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 :
Bankestab- Sect. 1. Welcome Farnum, S. H. Kimball, Dan Hill,
hshed m Black- their associates and successors, are hereby made a corpora-
tion, by the name of the President, Directors and Company
of the Worcester County Bank, to be located in the town of
Blackstone, and to continue a corporation until the first day
of October, in the year one thousand eight hundred and
Powers and sixty-nine, and shall be entitled to all the powers and priv-
duties.
1849. Chap. 185—186. 117
ileges, and be subject to all the duties, restrictions, and lia- R. 8. ch. 3<;,
bilitics, set forth in the public statutes of this Common- SJS5j8WF
wealth, relative to banks and banking.
Sect. 2. The capital stock of said bank shall consist of Capital stock,
one hundred thousand dollars, and be divided into shares of
one hundred dollars each, to be paid in such instalments,
and at such times, as the stockholders may direct ; provided, Proviso.
that the whole be paid in, on or before the first day of
April, in the year one thousand eight hundred and fifty.
Sect. 3. The stock of said bank shall be transferable Transfer of
only at its banking-house, and in its books. [Approved by s
the Governor, May 1, 1849.]
An Act to establish the Office of Attorney General. CIlCip 186.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. There shall be an attorney general of this Attorney gen-
Commonwealth, to be appointed and commissioned by the
governor, with the advice and consent of the council, in
the manner prescribed by the constitution, who shall have,
hold, and exercise, all the powers and duties by law apper-
taining to that office in this Commonwealth.
Sect. 2. The attorney general shall appear for the Duties.
Commonwealth, in the supreme judicial court, when held
by three or more justices thereof, in all prosecutions for
crimes punishable with death, and also in the trial and
argument, in said court, of all causes, criminal or civil, in
which the Commonwealth may be a party, or be inter-
ested.
Sect. 3. The attorney general shall also, when re- Shall appear
-it i j! ii t • i j. when and where
quired by the governor, or either branch of the .Legislature, required by the
appear for the Commonwealth, in any court or tribunal, in ^eJnb3r' orh of
any other causes, criminal or civil, in which the Common- the Legislature.
wealth may be a party, or be interested.
Sect. 4. The attorney general shall consult with and To consult win.
J Y nil- an" ac'vise dis-
advise district attorneys, whenever requested by them, m trict attomies,
all matters appertaining to the duties of their offices, and ^"frlports
shall prepare, from the returns of the district attorneys, and to the Legi.sia-
transmit to the Legislature, annually, as early in the month lure-
of February as is practicable, such abstracts and 'tabular
statements as will show the nature and extent of crime in
this Commonwealth, and in the several counties thereof;
the number of prosecutions, and the results thereof, and
the punishments awarded; particularly discriuiiir.it ing be-
tween those crimes which are perpetrated against the per-
son, and against the rights of property, and whether wit It
118
1849.
-Chap. 186.
District attor-
neys to make
report to attor-
ney general.
Attorney gen-
eral to attend
the Legislature.
To consult and
advise with the
officers of the
government.
To supervise
the manage-
ment of funds
for public chari-
ties, &c.
And to see that
corporations
make returns to
the Legislature.
To file informa-
tions in cases
specified.
To assist the
attorney for
Suffolk district.
violence or without violence ; the amount of the costs
arising in such prosecutions, and whether the same are paid
by the persons accused or not ; with all such other infor-
mation as may present full and complete statistics of crime,
and the operation of criminal laws in this Commonwealth,
and with such observations and statements as, in his opin-
ion, the criminal jurisprudence, and the proper and eco-
nomical administration of the criminal law, shall warrant
and require.
Sect. 5. The Commonwealth's attorney for the county
of Suffolk, and the several district attorneys, shall make
the annual returns, which they are now by law required to
make to the secretary of the Commonwealth, to the attor-
ney general.
Sect. 6. The attorney general shall, when required,
attend the Legislature during their sessions, and shall give
his opinion upon all questions of law submitted to him by
either branch of the Legislature, or by the governor and
council ; and shall give his aid and advice in the arrange-
ment and preparation of legislative documents and busi-
ness, when required by either branch of the Legislature.
Sect. 7. The attorney general shall, when required by
the treasurer and receiver general of the Commonwealth,
the secretary, adjutant general, and land agent, consult and
advise with them respectively, on any questions of law
that may arise in the course of their official business.
Sect. 8. The attorney general shall see that all funds
given and appropriated to public charities within this Com-
monwealth, are duly applied to their respective objects ;
and he is hereby authorized and required to use all lawful
process to prevent the misapplication thereof, and to apply
all lawful remedies to the correction of abuses, and breaches
of trust, in the administration of the same, and shall fur-
ther see that such corporations as are bound by law to
make returns to the Legislature, shall comply with the
requisitions of law in that respect.
Sect. 9. The attorney general is hereby authorized,
whenever in his judgment the interests of the Common-
wealth shall require it, to file informations, or other proper
process, against all persons who intrude, without right, on
the lands, rights, or property of the Commonwealth, or
commit or erect nuisance thereon, and prosecute the same
to final judgment.
Sect. 10. The attorney general shall attend to all pro-
ceedings for additional punishment against convicts in the
State prison; and shall also assist the attorney for the
Suffolk district, by attending the grand jury for the county
of Suffolk, whenever such attorney is required to be in
1849. Chai\ 186—187. Ill)
court, or whenever he is unable to attend such grand jury
for any cause whatever.
Sect. 11. The attorney general shall hold his office for Term of office,
the term of five years from the date of his commission,
unless sooner removed by the governor and council.
Sect. 12. The attorney general shall receive a salary of Salary.
two thousand five hundred dollars a year, to be paid out of
the treasury of the Commonwealth in equal quarterly pay-
ments, in full of all services rendered by him in said office.
Sect. 13. All acts and parts of acts inconsistent with Repeal,
this act are hereby repealed.
Sect. 14. This act shall take effect from and after its
passage. [Approved by the Governor, May 1, 1849.]
An Act in addition to "An Act for supplying the City of Boston with Pure (Jh(l7) 1 87
Water." -*
BE it enacted by the Senate and House of Representa- 1846, ch. 167.
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. In addition to the notes, scrip, or certificates Additional
of debt, authorized to be issued by the ninth section of the certificates 0°/
act entitled " An Act for supplying the city of Boston with debt may be
pure water," passed on the thirtieth day of March, in the ^uncii of°Bos-
year one thousand eight hundred and forty-six, being chap- ton-
ter one hundred and sixty-seven of the acts of that year,
the city council of the city of Boston are hereby author-
ized 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 further sum of one million five hundred thousand dol-
lars, for the same purposes, and in the same manner, and
upon the terms and conditions specified in said section.
Sect. 2. Whenever any damages shall have been sus- Of proceedings
tained by any persons in their property, by the taking of done™ Ifdivid-
any land, water, or water-rights, or by the constructing of uais, how prose-
any aqueducts, reservoirs, or other works, for the purposes of
this act, and of the act to which this is in addition, and
such persons shall neglect to institute proceedings against
the city of Boston, according to the provisions of the said
act, for the space of five months, it shall be lawful for
the city of Boston to commence such proceedings, which
shall go on, and be determined, in the same manner as it'
commenced by the persons who shall have sustained such
damage ; and, if such persons, on receiving due notice, —how barred,
shall not come in and prosecute the proceedings so insti-
tuted, judgment shall be entered against them, and they
shall be forever barred from recovering any damages under
said act.
120 1849. Chap. 187—188.
Water of Long Sect. 3. The city of Boston is hereby authorized to
fo^eveYto6 convey the water of Long Pond to, into, and through, that
East Boston part of Boston called East Boston, by laying their aque-
Charilstown duct, or water pipes, through the city of Charlestown and
and Chelsea. town of Chelsea ; and, for that purpose, may have all the
rights and privileges, and shall be subject to all the liabili-
ties, mentioned in the act to which this is in addition.
Of conveying And the said city of Boston may make any suitable struc-
under tide- °r tures for the purpose of conveying the said water over or
waters; under the tide waters within the jurisdiction of this Com-
monwealth, provided that such structures shall be approved
of by a commissioner, to be appointed for that purpose by
the governor and council, and to be compensated by the
proviso, ap- city of Boston : provided, further, that the authority granted
commissioner by this section shall not be exercised without the consent
and consent of 0f tile citv COuncil of said city first had and obtained.
city council. / . J
This act to be Sect. 4. This act shall not take effect unless accepted
accepted by by the city council of the city of Boston. [Approved by
city council. fhe GoVernor, May 1, 1849.]
Chdp 188. -An Act authorizing Abel Fitz, John Wesson, and John Gary, to extend their
Wharves in Charlestown.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Location of Abel Fitz, John Wesson, and John Gary, proprietors of
Extended l° be a wnarf> or wharves, situate in Charlestown, in the county
of Middlesex, between the Warren Bridge and the adjoin-
ing wharf and flats of Rhoades G. Lockwood, and others,
are authorized to extend and maintain their said wharves,
upon, and into, that part of the channel, or harbor, which
lies between said Warren Bridge and a line drawn parallel
with the eastern boundary of Warren or Boston Avenue,
and the line of said boundary continued south, in the same
direction, and distant seventy-one feet easterly therefrom,
1840, ch. 35. as far as the line established by the act entitled " An Act
concerning the Harbor of Boston," passed March seven-
teenth, in the year one thousand eight hundred and forty,
or may hold, use, and enjoy the same, in part for the ex-
tension of their said wharves, and in part for a dock con-
nected therewith, as they may, at any time, see fit, and
shall have the right to lay vessels at the ends of their said
Proviso. wharves, and receive wharfage and dockage therefor : pro-
vided, however, that this grant shall not be construed to
extend to any flats or land of this Commonwealth lying in
front of the flats of any other person, or which would be
comprehended by the true lines of such flats continued to
1849. Chap. 188—189. 121
the commissioners' line : and provided, also, that so much Proviso.
of said wharf as may be constructed below low water
mark shall be built on piles, which piles shall not be nearer
to each other than six feet in the direction of the stream,
and eight feet in a transverse direction, and that this act
shall in no wise impair the legal rights of any persons or
corporations whatever. [Approved by the Governor, May
1, 1849.]
An Act to incorporate the Indian Orchard Railroad Corporation.. Chat) 189.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Warren Delano, Junior, Timothy W. Carter, Corporators.
Addison Ware, and Frederick A. Barton, their associates
and successors, are hereby made a corporation, by the name
of the Indian Orchard Railroad Corporation, with all the Powers and
powers and privileges, and subject to all the duties, liabili- Cllies
ties, and restrictions, set forth in the forty-fourth chapter of r. s. ch. 39, 44,
the Revised Statutes, and in that part of the thirty-ninth J|2 jjjj[ gBB"
chapter of said statutes which relates to railroad corpora-
tions, and in all general laws which are now, or may be
hereafter, in force, relating to railroad corporations in this
Commonwealth.
Sect. 2. The capital stock of said corporation shall not Capital stock,
exceed fifty thousand dollars, divided into shares of one
hundred dollars each, the number of which shall be deter-
mined by the directors, from time to time ; and said corpo- Real and Per-
ration may purchase and hold such real and personal estate sc
as may be necessary for the purposes of their incorporation.
All shares in the capital stock of said corporation shall be Value of shares,
issued for the same value or amount, to be actually paid in
on each.
Sect. 3. The said corporation may locate, construct, Route of road,
maintain, and use a railroad, with one or more tracks, from
some convenient point on the land of the Indian Orchard
Canal Company, upon and near the southerly side of Chico-
pee River, in the town of Springfield, passing in the most
convenient and feasible direction to the Western Railroad,
within the said town of Springfield, uniting with said
Western Railroad at a point within two miles of the nine-
ty-third milestone upon said Western Railroad.
Sect. 4. The said corporation may enter upon and Road maybe
unite their railroad, by proper turnouts and switches, with e"n Raih-oad.
the said Western Railroad, at the point of intersection with
the same, and may use the same under the provisions and
restrictions of the laws relating to railroads.
16
122
1849.-
-Chap. 189—190.
Location.
Completion.
Rate of toll
may be altered
after five years.
Indian Orchard
Canal Com-
pany may hold
stock in rail-
road, &c. -
Of transfer to
Western Rail-
road Corpora-
tion.
Sect. 5. If said corporation be not organized, and if
the location of their road be not filed according to law,
within one year, or if their railroad be not completed within
two years, this act shall be void.
Sect. 6. The General Court may, after the expiration
of five years from the time when said railroad shall be
opened for use, from time to time, alter or reduce the rate
of tolls or other profits upon said railroad ; but the said
tolls, or profits, shall not, without the consent of said cor-
poration, be so reduced as to produce less than ten per cent,
per annum, upon the investment of said corporation, from
the time the same may be paid in by the stockholders.
Sect. 7. The Indian Orchard Canal Company may
become stockholders in said corporation, and may take a
lease of said railroad and its privileges and appurtenances,
and may use and run the same upon such terms and con-
ditions as may be mutually agreed upon between the said
parties.
Sect. 8. The said corporation may transfer all its prop-
erty, rights, privileges, and franchise, to the Western Rail-
road Corporation, which may receive, hold, and use the
same, upon such terms and conditions as may be agreed
upon between the said two corporations ; but the said
Indian Orchard Railroad Corporation shall thereafter pre-
serve their corporate organization, and perform all the du-
ties required of them by law, as fully as if such transfer or
lease had not been made.
Sect. 9. This act shall take effect from and after its
passage. [Approved by the Governor-, May 1, 1849.]
Chap 190.
Corporators.
To hold lands
in Maiden and
Medford.
Boundaries.
An Act to incorporate the Edgeworth Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Charles J. Hendee, Gardiner G. Hubbard,
George B. Jones, their associates and successors, are hereby
made a corporation, by the name of the Edgeworth Com-
pany, with power to purchase and hold, in fee simple, or
otherwise, all, or any part, of the following described tracts
of land, situated in the towns of Maiden and Medford,
lying on the west side of Maiden Creek, and comprised
within the following bounds : — Commencing in Maiden at
the crossing of the Boston and Maine Extension Railroad
over the road leading from Maiden to Medford ; thence
running southerly, by said railroad, six hundred and sev-
enty-five feet, or thereabout, to Maiden Creek ; thence run-
ning by said creek and a branch thereof, called Medford
1849. Chap. 190. 123
Brook, to the westerly side of said railroad ; thence running
southerly by land of said railroad corporation to land of
the Medford Branch Railroad Corporation ; thence running
northwesterly and westerly by land of said Medford Branch
Railroad Corporation, four thousand five hundred feet,
crossing the boundary line between Medford and Maiden ;
thence tinning and running north, thirteen degrees east,
seven thousand feet parallel to said boundary line, crossing
said road leading from Maiden to Medford ; thence turning
and running due east to the land of said Boston and Maine
Extension Railroad Corporation ; thence by land of said
corporation to point of beginning, together with all rights,
easements, and appurtenances thereto belonging, and said
company may so manage, improve, and dispose of said
property, as to them shall seem expedient.
Sect. 2. Said corporation is hereby authorized, first ^ri|I?eover
obtaining consent of Otis Tufts, to construct and main-
tain a bridge over Maiden Creek, from its land to land
of said Tufts, on the east side of said creek : provided, that Proviso.
said corporation shall make and keep in repair, in said
bridge, a suitable draw of proper width for the accommo-
dation of all vessels navigating said creek, and shall afford
all suitable facilities to vessels passing through said draw.
Sect. 3. Said corporation is authorized to straighten Channel of said
and deepen the channel of said creek, and to erect, con- deepened, &c.
struct, and maintain wharves from its land into said creek, wharves.
and may lay vessels at said wharves and receive dockage
and wharfage therefor : provided, said wharves shall not Proviso.
extend into said creek so far as to impede the navigation
thereof.
Sect. 4. Said corporation shall have all the powers and powers and
privileges, and be subject to all the duties, liabilities, and duties-
restrictions, set forth in the thirty-eighth and forty-fourth r. s. ch. 44.
chapters of the Revised Statutes.
Sect. 5. Said corporation may hold real and personal Real and Per-
estate, necessary and convenient to carry into effect the
objects of this act, not exceeding, in amount, three hun-
dred thousand dollars : provided, that no shares in the cap- Proviso.
ital stock of said corporation shall be issued for a less Value of shares
amount, to be actually paid in on each, than the par value
of the shares which shall be first issued.
Sect. 6. Nothing contained in this act shall authorize
said corporation to infringe upon the legal rights of any
person or corporation whatever. [Approved by the Gov-
ernor, May 1, 1849.]
124 184-9. Chap. 191.
ChaplQl. ' An Act to amend An Act relating to Railroad Corporations.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Annual railroad Sect. 1. The annual report now by law required to be
Isiatuie'0 Leg" ma(^e DY tne directors of the several railroad corporations,
within this Commonwealth, shall hereafter contain full in-
formation upon the several items hereinafter enumerated,
to wit : —
Form of Railroad Return to the Legislature.
Capital stock, $
Increase of capital since last report,
Capital paid in per last report, $
Capital paid in since last report,
Total amount of capital stock paid in,
Funded debt per last report,
Funded debt paid since last report,
Funded debt, increase of, since last report,
Total present amount of funded debt.
Floating debt per last report,
Floating debt paid since last report,
Floating debt, increase of, since last report,
Total present amount of floating debt,
Total present amount of funded and floating debt,
Average rate of interest per annum paid during the year,
Maximum amount of debt for each month during the year,
viz : January, $ , February, $ , March, $ ,
April, $ , May, $ , June, $ , July, $ , Au-
gust, $ , September, $ , October, $ , Novem-
ber, $ , December, $
Cost of Road and Equipment.
For graduation and masonry per last report,
For graduation and masonry paid during the past year,
Total amount expended for graduation and masonry,
For wooden bridges per last report,
For wooden bridges paid during the past year,
Total amount expended for wooden bridges,
Total amount expended for iron bridges, (if any,)
For superstructure, including iron, per last report,
For superstructure, including iron, paid during the past year.
Total amount expended for superstructure, including iron.
For stations, buildings, and fixtures, per last report,
For stations, buildings, and fixtures, paid during the past
year,
Total amount expended for stations, buildings, and fixtures.
For land, land-damages, and fences, per last report.
1849. Chap. 191. 125
For land, land-damages, and fences, paid during the past
year,
Total amount expended for land, land-damages, and fences,
For locomotives, per last report,
For locomotives paid during the past year,
Total amount expended for locomotives,
For passenger and baggage cars, per last report,
For passenger and baggage cars, paid during the past year,
Total amount expended for passenger and baggage cars,
For merchandise cars, per last report,
For merchandise cars, paid during the past year,
Total amount expended for merchandise cars,
For engineering, per last report,
For engineering, paid during the past year,
Total amount expended for engineering,
For agencies and other expenses, per last report,
For agencies and other expenses, paid during the past year,
Total amount expended for agencies and other expenses,
Total cost of road and equipment,
Characteristics of Road.
Length of road,
Length of single main track,
Length of double main track,
Length of branches owned by the company, stating whether
they have a single or double track,
Aggregate length of sidings and other tracks, excepting
main track and branches,
Weight of rail per yard, in main road, ^ Specify the differ-
Weight of rail per yard, in branch > ent weights per
road, 3 yard,
Maximum grade, with its length in main road,
Maximum grade, with its length in branch roads,
Total rise and fall in main road,
Total rise and fall in branch roads,
Shortest radius of curvature, with length of curve in main
road,
Shortest radius of curvature, with length of curve in branch
roads,
Total degrees of curvature in main road,
Total degrees of curvature in branch roads,
Total length of straight line in main road,
Total length of straight line in branches,
Aggregate length of wooden truss bridges,
Aggregate length of all other wooden bridges,
Aggregate length of iron bridges,
Whole length of road unfenced on both sides.
126 1849. Chap. 191.
Number of public ways crossed at grade,
Number of railroads crossed at grade,
Remarks,
Way stations for express trains,
Way stations for accommodation trains,
Flag stations,
Whole number of way stations,
Whole number of flag stations,
Doings during the Year.
Miles run by passenger trains,
Miles run by freight trains,
Miles run by other trains,
Total miles run,
Number of passengers carried in the cars,
Number of passengers carried one mile,
Number of tons of merchandise carried in the cars,
Number of tons of merchandise carried one mile,
Number of passengers carried one mile to and from other
roads,
Number of tons carried one mile to and from other roads,
Rate of speed adopted for express passenger trains, includ-
ing stops,
Average rate of speed actually attained by express passen-
ger trains, including stops and detentions,
Rate of speed adopted for accommodation trains,
Rate of speed actually attained by accommodation trains,
including stops and detentions,
Average rate of speed actually attained by special trains,
including stops and detentions,
Average rate of speed adopted for freight trains, including
stops,
Estimated weight, in tons, of passenger cars, [not including
passengers] hauled one mile,
Estimated weight, in tons, of merchandise cars, [not in-
cluding freight] hauled one mile,
Expenditures for Making the Road.
For repairs of road, maintenance of way, exclusive of
wooden bridges and renewals of iron,
For repairs of wooden bridges,
For renewals of iron, including laying down,
For wages of switchmen, (average per month, $
For wages of gate-keepers, (average per month, $
For wages of signal-men, (average per month, $
For wages of watchmen, (average per month, $
Number of men employed, exclusive of those engaged in
construction.
1849. Chap. 191. 127
For removing ice and snow, [this item to include all labor,
tools, repairs, and extra steam power used,]
For repairs of fences, gates, houses for signal-men, gate-
keepers, switchmen, tool-houses,
Total for maintenance of way,
Motive Power and Cars.
For repairs of locomotives,
For new locomotives to cover depreciation,
For repairs of passenger cars,
For new passenger cars to cover depreciation,
For repairs of merchandise cars,
For new merchandise cars to cover depreciation,
For repairs of gravel and other cars,
Total for maintenance of motive power and cars,
Number of engines,
Number of passenger cars,
Number of baggage cars,
Number of merchandise cars,
Number of gravel cars,
Miscellaneous.
-
For fuel used by engines dming the year, viz : —
Wood,
Coal,
For oil used by cars and engines,
For waste and other material for cleaning,
For salaries, wages, and incidental expenses chargeable to
passenger department,
For salaries, wages, and incidental expenses chargeable to
freight department,
For gratuities and damages,
For taxes and insurance,
For ferries,
For repairs of station buildings, aqueducts, fixtures, fur-
niture,
For interest,
For amount paid other companies, in tolls, for passengers
and freight carried on their roads, specifying each com-
pany,
For amount paid other companies as rent for use of their
roads, specifying each company,
For 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,
Total miscellaneous,
Total expenditures for working the road,
.i
128
1849.
-Chap. 191.
Penalty for
fraudulent eva-
sion as to tolls
or fare, &c.
R. R. corpora-
tions to furnish
reasonable ac-
commodations
for passengers.
Penalty for neg-
lect.
Income during the Year.
For passengers : —
1. On main road, including branches 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.
per cent., total, $
Surplus not divided,
Surplus last year,
Total surplus,
Estimated Depreciation beyond the Renewals, viz :
Road and bridges,
Buildings,
Engines and cars,
Sect. 2. Any person who shall fraudulently evade, or
attempt to evade, the payment of any toll or fare, lawfully
established by any railroad corporation, either by giving a
false answer to the collector of the toll or fare, or by trav-
elling beyond the point to which he may have paid his toll
or fare, or by leaving the train without having paid the toll
or fare established for the distance travelled, or otherwise,
shall, upon conviction thereof, before any justice of the
peace, in any county where such offence may have been
committed, be punished by a fine of not less than five, nor
more than twenty dollars for every such offence, together
with the costs of prosecution. And no person who shall
not, upon demand, first pay such established toll or fare, shall
be entitled to be transported over said railroad. Every rail-
road corporation shall be held to furnish reasonable accom-
modations for passengers, with reference to their conveni-
ence and safety ; and, in every case of wilful neglect to
provide the same, any corporation, so offending, shall be sub-
ject to a penalty of not less than five, nor more than twenty
dollars, to be recovered as above provided in this section.
Sect. 3. The first section of the two hundred and fifty-
first chapter of the laws, passed in the year one thousand
eight hundred and forty-six, is hereby repealed.
Sect. 4. The duties enjoined by the second, third, and
fourth sections of the act, to which this act is in addition, and
applicable to the first section thereof, shall continue and he
1849. Chap. 191—193. 129
anplicable to the first section of this act. [Approved by tin
Governor, May 1, 1849.]
An Act to incorporate the Mattapan Bank. CJlCM 192
BE it enacted by Hie Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. John H. Robinson, Axel Dearborn, Edward
King, their associates and successors, are hereby made a
corporation, by the name of the President, Directors and
Company of the Mattapan Bank, to be located in the east-
erly part of Dorchester, and to continue a corporation, until Bank estab-
the first day of October, in the year one thousand eight Chester" D°r
hundred sixty-nine, and shall be entitled to all the pow-
ers and privileges, and be subject to all the duties, restric- Powers and du-
tions, and liabilities, set forth in the public statutes of this r. s. ch. 36,
Commonwealth relative to banks and banking. anc| ?ther sen-
<-> cral laws.
Sect. 2. The capital stock of said bank shall consist Capitai sU)ck
of one hundred thousand dollars', to be divided into shares
of one hundred dollars each, to be paid in such instal-
ments, and at such times, as the stockholders may direct :
provided, that the whole be paid in on or before the first Proviso.
Monday in April, in the year one thousand eight hundred
and fifty.
Sect. 3. The stock of said bank shall be transferable Transfer of
only at its banking-house, and in its books. [Approved by
the Governor, May 1, 1849.]
An Act to incorporate the Medway Branch Railroad Company. Chcil) 193
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Samuel Frothingham, Eliab Gilmore, Julius Corporators.
C. Kurd, their associates and successors, are hereby made a
corporation, by the name of the Medway Branch Railroad
Company, with all the powers and privileges, and subject
to all the duties, restrictions, and liabilities, contained in Powers and du-
the forty-fourth chapter of the Revised Statutes, and in that Resg. ch. 44, 39,
part of the thirty-ninth chapter of said statutes, which re- de-
lates to railroad corporations, and in all general laws which
have been, or may be hereafter passed, relating to such
corporations.
Sect. 2. Said company may locate, construct, and main- Route of road,
tain a railroad, with one or more tracks, commencing from
or near to the station 190, on the Norfolk County Railroad
in North Wrentham, thence miming westerly through East
Medway to some convenient point at the Medway Factory
17
130
1849.
-Chap. 193.
Capital stock.
Real estate.
Location.
Completion.
May transfer
rights, &c, to
Norfolk County
Railroad Cor-
poration.
This road may
be used by other
companies.
Rate of toll
may be reduced
after five years.
Village, passing between Rockville, so called, and the house
of Seneca Barber, Esq., and southerly of the Old Hartford
Road, and the house of Asa Clapp, in said Medway, to
the terminus at the village aforesaid, with liberty to enter
upon and use the said Norfolk County Road, and the
Boston and Providence Railroad, and its branches, in such
manner as is, or may be, prescribed by the laws of this
Commonwealth.
Sect. 3. The capital stock of said corporation shall
consist of not more than seven hundred and fifty shares,
the number of which shall be determined, from time to time,
by the directors thereof, and no assessment shall be laid
thereon of a greater amount, in the whole, than one hun-
dred dollars on each share. And the said corporation may
take, purchase, and hold such real estate, and may purchase
and hold such engines, cars, and other things, as may be
necessary and convenient for the use of said railroad,
and for the transportation of passengers, goods and mer-
chandise.
Sect. 4. If the location of the said Medway Branch
Railroad shall not be filed within six months from the first
day of January last, or if the said branch railroad shall not
be completed, with at least one track, from said terminus at
North Wrentham to the terminus at said Medway Village,
within one year from the passage of this act, the same shall
thereafter be null and void.
Sect. 5. The corporation hereby created is also au-
thorized and empowered to transfer all its property, rights,
privileges, and franchise, under this charter, to the Norfolk
County Railroad Corporation, by lease or otherwise, and
the said Norfolk County Railroad are hereby authorized to
receive and hold the same, whenever a majority in interest
of the stockholders of the two corporations respectively,
shall elect so to do. And, for this purpose, the said last
named corporation may increase their capital stock to the
amount of the seventy-five thousand dollars aforesaid.
Sect. 6. The Legislature may authorize any company
to enter with another railroad upon and use the railroad
hereby established, or any part thereof, by complying
with such reasonable rules and regulations as the said
Medway Branch Railroad Company, or their assigns or
lessees, may prescribe, or as may be determined according
to law.
Sect. 7. The Legislature may, after the expiration of
five years from the time when said branch railroad shall be
opened for use, from time to time, alter or reduce the rate
of toll, or other profits, on said railroad ; but the same shall
1849. Chap. 193—194. 131
not, without the consent of said corporation, be so reduced
as to produce less than ten per cent, upon the investment
of said company.
Sect. 8. All shares in the capital stock of said corpora- Value of shares,
tion shall be for the same amount to be actually paid in on
each.
Sect. 9. This act shall take effect from and after its
passage. [Approved by the Governor, May 1, 1849.]
An Act to incorporate the Southbridge and Blackstone Railroad Company. Ckdp 194.
B E it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Horatio N. Slater, Ebenezer D. Ammidown, Corporators,
and Welcome Farnum, their associates and successors, are
hereby made a corporation, by the name of the Southbridge
and Blackstone Railroad Company, with all the powers Powers and du-
and privileges, and subject to all the liabilities, restrictions, ^esg ch u 39
and duties, set forth in the forty-fourth chapter of the &c.
Revised Statutes, and in that part of the thirty-ninth chap-
ter of said statutes relating to railroad corporations, and in
all statutes which have been, or may hereafter be passed,
relating to railroad corporations.
Sect. 2. Said company is hereby authorized and em- Route of road,
powered to construct a railroad, with one or more tracks,
from some convenient point in the town of Southbridge,
through the towns of Dudley, Webster, north of Fenner's
Cotton Mill, Douglas, and Uxbridge, to some convenient
point on the Norfolk County Railroad, in the town of
Blackstone.
Sect. 3. The capital stock of said company shall con- Capital stock,
sist of not more than eight thousand shares, the number of
which shall be determined, from time to time, by the direct-
ors thereof ; and no assessment shall be laid thereon of a
greater amount, in the whole, than one hundred dollars on
each share ; and said company may purchase and hold such
real estate, and such engines, cars, and other things, as may
be necessary for the use of said railroad, and for the trans-
portation of passengers, goods, and merchandise thereon.
All shares in the capital stock of said company shall be is- Value of shares,
sued for the same value or amount, to be actually paid in
on each.
Sect. 4. If the location of said railroad be not filed, Location,
according to law, within two years, and if the same shall
not be completed within four years from the passage of this Completion,
act, then this act shall be void.
Sect. 5. If, in the construction of said railroad, it shall
132
1849.
-Chap. 194—195.
Of crossing
the line of
Connecticut.
This road may
be united with
other roads.
Rate of toll may
be reduced.
Other compa-
nies may be
authorized to
enter on this
road.
be necessary to cross over the dividing line between this
Commonwealth and the State of Connecticut, in order to
get a better route for the same, in any instance, and the
crossing of said line and the construction of any portion of
said railroad, in said Connecticut, shall be authorized by
said State, the said company is hereby authorized and em-
powered to lease or purchase, or, with the authority of said
State, to construct, hold, and maintain, such portions of
their railroad.
Sect. 6. Said company is hereby authorized to enter
upon and unite their railroad, by proper means, with the
Norfolk County Railroad, and with the Providence and
Worcester Railroad, and with the Norwich and Worcester
Railroad, and to use the same agreeably to the provisions
of law.
Sect. 7. The General Court may, from time to time,
reduce the rate of toll, or other receipts, on said railroad,
whenever the net income thereof shall exceed ten per cent,
per annum ; but the toll, or other receipts, shall not, with-
out the consent of the company, be so reduced as to pro-
duce less than ten per centum per annum on the investment
in said company.
Sect. 8. The General Court may authorize any com-
pany to enter, with their railroad, at any point on the said
road, and use the same, or any part thereof, agreeably to
the provisions of law.
Sect. 9. This road shall be constructed as an entire
route, and not by sections. [Approved by the Governor,
May 1, 1849.]
Chcift 195 ^n ^CT t0 incorPnrate tne Mount Pleasant Branch Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in Ge7ieral Court assembled, and by the authority of
the same, as folloios :
Sect. 1. Isaac McLellan, Marshall P. Wilder, John L.
Whipple, E. P. Tileston, and F. Gleason, their associates
and successors, are hereby made a corporation, by the name
of the Mount Pleasant Branch Railroad Company, with all
the powers and privileges, and subject to all the duties, Ha-
lt, s.ch. 39,44, 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 railroad corporations, and
subject to all other general laws which have been, or shall
be hereafter passed, relative to railroad corporations.
Sect. 2. Said company may locate, construct, and
maintain a railroad, with one or more tracks, commencing
at some convenient point near the town-house, in Dor-
Corporators.
Powers and
duties.
&c.
Route of road.
1849. Chap. 195. 133
Chester, in the county of Norfolk, and running thence in a
northerly direction about one mile ; thence, in a north-
easterly direction, easterly of and near the estate of Mar-
shall P. Wilder, following nearly the course of the Roxbury
Brook to Stoughton Street ; thence, in an easterly direction,
to some convenient point of junction with the Old Colony
Railroad near Little Neck, so called ; but the said company
shall not lay out their road after it crosses Stoughton Street,
south of the most northerly boundary line of the passage-
way leading from said Stoughton Street, over the land of
the heirs of the late Gov. Eustis, deceased, to land of Elijah
Vose, without the consent of said Vose, nor south of the
most northerly boundary line between the estates of said
Vose and Samuel Phipps, on the one side, and land of the
heirs of said Eustis on the other. And the said company
shall, provided the owners of the Dorchester Turnpike re-
quest them so to do, raise the said turnpike where their
railroad crosses the same, so that the railroad shall pass un-
der said turnpike road, and, during the time they are raising
said turnpike, if the same shall be raised, they shall provide,
by a turnout, or other means, so as not to interrupt the
travel on said turnpike.
Sect. 3. The capital stock of said company shall con- Capital stock,
sist of not more than fifteen hundred shares, the number of
which shall, from time to time, be determined by the di-
rectors of said company, and no assessments shall be laid
thereon of a greater amount, in the whole, than one hun-
dred dollars on each share ; and said company may invest Real and Per-
and hold such parts thereof, in real and personal estate, as sona
may be necessary and convenient for the purposes of their
incorporation.
Sect. 4. All shares in the capital stock of said corpora- Value of shares.
tion shall be issued for the same value or amount, to be
actually paid in on each.
Sect. 5. If the location of said road be not filed accord- Location.
ing to law within one year, or if the said road be not com- Completion.
pleted with at least one track, within two years from the
passage of this act, then this act shall be void.
Sect. 6. The said company is hereby authorized to en- May be united
i -j. .i. ■ i j t_ * a vvith old Co,°-
ter upon and unite their railroad, by proper turnouts and ny Railroad.
switches, with the said Old Colony Railroad, and to use the
same, or any part thereof, paying therefor such a rate of toll
as may be mutually agreed upon by the parties, or as the
General Court may, from time to time, prescribe.
Sect. 7. The General Court may authorize any com- other mads
. , , -in i * 1 ,,,:,v enter on
pany to enter, with another railroad upon, and to use said lhiSi
Mount Pleasant Branch Railroad, or any part thereof, by
134 1849. Chap. 195—197.
complying with such reasonable rales and regulations as the
said Mount Pleasant Branch Railroad Company may pre-
scribe, or as may be determined according to the provisions
of law.
Rate of toll Sect. 8. The General Court may, after the expiration of
maybe reduced £ye years from the time that said Mount Pleasant Branch
after 5 years. J . .
Railroad shall be opened for use, from time to time, alter
and reduce the rate of toll or profits upon said road ; but
said toll shall not be so reduced, without the consent of said
company, as to yield, with the said profits, to the stock-
holders thereof, less than ten per centum per annum, upon
the investment of said company. [Approved by the Gover-
nor, May 1, 1849.]
C/lGD 196 ^n ^CT concern'no t'ie Lancaster and Sterling Branch Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Time extended Sect. 1. The limitation contained in the seventh sec-
tion of the charter of the Lancaster and Sterling Branch
Railroad, chapter 239, Acts of 1846, is hereby extended fif-
teen months, any thing in said act to the contrary notwith-
standing.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 1, 1849.]
Chap 197. ^n -A-CT t0 cnange the Names of the Persons therein mentioned.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Suffolk. Thomas Vaughan Baron may take the name of Thom-
as Barry ; Lydia Bradford Orcutt may take the name of
Lydia Bradford ; George Colburn, a minor, may take the
name of George Colburn Cabot ; John Cutts Smith may
take the name of John Smith Cutts ; Charles Gillpatrick
may take the name of Charles Gill ; Catharine Coolidge
Gates may take the name of Catharine Gates Thaxter ;
James Morss Williams may take the name of James Morss
William Williams ; Virginia Albina Williams, a minor, may
take the name of Virginia Albina Fullick ; Charles Rollins
Torrey, a minor, may take the name of Rollins Torrey ;
Jeremiah Buxton Favor may take the name of Frank Fa-
vor ; Elijah Baldwin may take the name of Elijah Shirman
Baldwin ; George Hastings may take the name of George
Russel Hastings ; George Hoogs may take the name of
George H. Francis ; his minor son, George A. Hoogs, may
1849. Chap. 197. 135
take the name of George A. H. Francis ; Alfred White
Chamberlain may take the name of Alfred White Sprague ;
William McNaught may take the name of William Henry
Thomas ; Naomi Porter Shaw, a minor, may take the
name of Naomi Porter Mace ; Arabella M. Livingston may
take the name of Imogene De Errence, and her minor son,
Alfred Maitland Livingston, may take the name of Ivan
Marion De Errence ; Michael Collins may take the name
of Michael Henry Collins ; Thomas M. Center, George F.
Center, and Emma L. Center, minors, may assume the sur-
name of Dickinson ; William Gordon may take the name
of William George Gordon ; Mary Rhoades Josselyn may
take the name of Mary Rhoades Darling ; all of the county
of Suffolk.
Nathaniel Conant, 2d, of Dan vers, may take the name Essex,
of Nathaniel P. Conant ; Elizabeth E. Swan, a minor, of
Newburyport, may take the name of Elizabeth Esther
Page ; Ayer Spofford, of Bradford, may take the name of
Mary Ayer Spofford ; Abby Faltch, of Salisbury, may take
the name of Abby Phenietta Dennitt ; Richard Wilson, of
Newbury, may take the name of Richard Burritt Wilson ;
Marcus Marcellus Danforth, of Bradford, may take the
name of George Edwin Danforth ; Joseph Warren Smith,
of Bradford, may take the name of Austin F. Smith ; Gor-
ham Parsons, 3d, of Gloucester, may take the name of Gor-
ham M. Parsons ; John Ober, of Beverly, may take the
name of John Thissell Ober ; Matilda Wardwell, of Ando-
ver, minor, may take the name of Eliza Dodge Wardwell :
Mary Elizabeth Boody, of Danvers, may take the name of
Mary E. B. Gillion ; Emeline Eliza Hill, of Danvers, may
take the name of Emily Eliza Hill ; James McBride, of
Lawrence, may take the name of James Brooks ; John
Albree Downie, of Salem, minor, may take the name of
John Albree ; Harriet Nowell, of Salem, may take the
name of Harriet Nowell Howard ; James Mooney, of Lynn,
may take the name of James Forrest ; Benjamin Franklin
Newhall, Junior, of Saugus, may take the name of Benja-
min Newhall; Lydia Eveline Wyman, of Danvers, may
take the name of Lydia Eveline Peirce ; Henry Phillips, of
Salem, may take the name of Edward B. Phillips ; Ruby
Mellen Moore, of Salem, minor, may take the name of
Abby Moore Kimball ; Edwin Moody Burbank, of Brad-
ford, may take the name of George Byron Sanford ; Charles
Dearborn Nowell, of Salem, may take the name of Charles
Dearborn Howard ; Gideon Barstow Monarch, of Salem,
may take the name of Gideon B. Moore ; his minor chil-
dren, Charles James Monarch, may take the name of
136
1849.
-Chap. 197.
Charles James Moore ; Gideon B. Moore Monarch may
take the name of Gideon B. Moore ; Frederick Moore
Monarch may take the name of Frederick Moore ; and
John Moore Monarch may take the name of John Moore ;
John Abbott Johnson, of Danvers, may take the name of
Abbott Johnson ; Timothy Ross, of Ipswich, may take the
name of Timothy Burnham Ross ; all of the county of
Essex.
Middlesex. Charles Pratt Houghton, of Cambridge, minor, may take
the name of Charles Houghton Pratt ; Charles McElroy, of
Charlestown, may take the name of Charles Leroy ; Sam-
uel William Wyman, of Medford, may take the name of
Frank Peirce ; Ann Elizabeth Perley, of Lowell, minor,
may take the name of Ann Elizabeth Wright ; Abraham
Rand Thompson, of Charlestown, minor, may take the
name of Abraham Warren Thompson ; William Parsons, of
Charlestown, may take the name of William Alfred Par-
sons ; Frances Ann Huggins, of Dracut, minor, may take
the name of Frances Ann Stearns ; Lucinda Frost, of Na-
tick, minor, may take the name of Isadore Edwards ; Wal-
ter Hayes, of Tyngsborough, minor, may take the name of
Walter Hayes Farwell ; William Brown Chase, of Marlbor-
ough, may take the name of William Chase ; Frances
Wright Faulkner Jones, of Acton, may take the name of
Frances Jones ; Silas Proctor Pingrey, of Marlborough,
may take the name of Proctor Pingrey ; William Higgins,
of Charlestown, may take the name of William Franklin
Higgins ; John Beasley, of Cambridge, may take the name
of Peter Manning : Henry Ward Hitchcock, of Charles-
town, a minor, may take the name of Henry Ward Johns ;
all in the county of Middlesex.
Worcester. Joseph Badger, of Leominster, may take the name of Jo-
seph Badger Brown ; Samuel F. Hill, of Sturbridge, may
take the name of Samuel Fairbanks ; his wife, Mary Ann
Hill, may take the name of Mary Ann Fairbanks ; and
their minor children, viz : Elizabeth, Loring H.9 and John
A., may severally take the surname of Fairbanks; Victoria
Keith, of Shrewsbury, minor, may take the name of Jane
Maria Allen ; Sarah Ann Hair, of Hubbardston, minor,
may take the name of Sarah Ann Lucy Hunting ; John
Laughna, of Hubbardston, minor, may take the name of
Charles Lawrence Laughna; Nancy Hunstable Hosmer,
of Worcester, may take the name of Anna Hunstable Hos-
mer ; Marion Eneri Allen, of Shrewsbury, minor, may take
the name of Marion Irene Hemmenway Allen ; George F.
Hoar, of Worcester, may take the name of George F. Ba-
ker; Ziba Bass Carv Dunham, of Leominster, may take
1849. Chap.. 197. 137
the name of Howard Cary Dunham ; Edward N. Divoll, of
North Brook field, may take the name of Edward Newell ;
Solomon B. J. Howe, of New Braintree, may take the
name of Bolivar J. Howe ; Lydia Lucebia Bartlett, of Ber-
lin, minor, may take the name of Selucia Ann Bartlett ;
Milton Morse, of Worcester, may take the name of Milton
M. Morse ; all of the county of Worcester.
Wealthy Healy, of Worthington, may take the name of Hampshire.
Wealthy Deborah Howard ; Mary Ann Moody Ferry, of
Belchertown, minor, may take the name of Mary Ann
Ferry; Hemy White, of South Hadley, may take the
name of Henry Kirk White ; Polly Garside, of South Had-
ley, may take the name of Mary Alvord ; Merrick Orson
Graves, of Williamsburg, minor, may take the name of Orson
Merrick Graves ; Ella Warner Smith, of Enfield, minor, may
take the name of Ella Frances Gross ; Emily Evelina Be-
ment, of Easthampton, minor, may take the name of Em-
ily Bement Smith ; Harriet Clark Hawks, of Easthampton,
minor, may take the name of Eliza Hawks Smith ; Ellen
M. H. Paine, of Greenwich, minor, may take the name of
Ellen M. H. Johnson ; all of the county of Hampshire.
Chander Brown, of Ashfield, minor, may take the name Franklin.
of Chander Eugene Smith ; Ellen Streeter, of Montague,
a minor, may take the name of Ellen Elvira Horton ; Ellen
Eliza Leonard, of Conway, minor, may take the name of
Ellen Leonard Childs ; Anna Eloisa Field, of Northfield,
minor, may take the name of Anna Eloisa Mary Field ; all
of the county of Franklin.
George Sidebottom, of Adams, may take the name of Berkshire.
George Nottingham ; and his wife, Sarah Sidebottom, may
take the name of Sarah Nottingham ; George William
Sidebottom, of Adams, may take the name of George Wil-
liam Nottingham ; and his wife, Sarah Walbridge, and his
minor son, may severally take the surname of Nottingham ;
John Race, of Great Barrington, may take the name of
John Franklin Race ; all of the county of Berkshire.
Daniel Houghton Goodspeed, of West Springfield, may Hampden,
take the name of Daniel Houghton ; Julia Ann Harger, of
West Springfield, may take the name of Julia Ann Moore ;
all of the county of Hampden.
Phillip Pear, of Roxbury, may take the name of Phillip Norfolk.
Montague Pier; Eliza Charles Davis Parker, of Dedham,
may take the name of Eliza Davis Parker ; Israel Putnam
Richardson, of Medway, minor, may take the name of
Putnam Richardson Clark ; John Bullough, Junior, of
Needham, may take the name of John Ballou ; and his
wife, Sarah, and their minor children, John Warren, Sarah
18
138
1849.
-Chap. 197.
Eliza, William Henry, and Joseph Willard Bullough, may
severally take the surname of Ballou ; all of the county of
Norfolk.
Plymouth. Eliot Benjamin Sheffield, of Rochester, minor, may take
the name of Stafford Benjamin Brownell ; Daniel Howard, 2d,
of North Bridge water, may take the name of Daniel S. How-
ard ; Joshua Crooker, 3d, of North Bridgewater, may take
the name of Allen Jay Crooker ; Martha Proctor Ball, of
Hingham, minor, may take the name of Martha Ball Cor-
thell ; Charles Seaver Burt, of West Bridgewater, may take
the name of Charles Seaver ; and his wife, Celinda Taylor
Burt, may take the name of Celinda Taylor Seaver ; and
their minor son, Charles, may take the surname of Seaver ;
Charles Henry Lovett, of Hingham, minor, may take the
name of Charles Augustine Lovett ; all of the county of
Plymouth.
Bristol. Alfred Heyer, of New Bedford, minor, may take the
name of Alfred H. Perry; Almira Frances Reed, of New
Bedford, may take the name of Almira Frances White ; Ar-
thur Donley, of Berkley, may take the name of George
Burt ; Peter Stewart, his wife, Anna C, and their children,
Caroline Amelia, Catharine Gibbs, and Henry Ridgway, of
Attleborough, may severally take the surname of Bishop ;
all of the county of Bristol.
Barnstable. Michael Angelo Nuzze, of Provincetown, may take the
name of William Gale ; Elizabeth Taylor, of Yarmouth,
may take the name of Elizabeth Joice Taylor ; Vinson Ca-
hoon, Junior, of Harwich, may take the name of Vinson
Franklin Cahoon ; Polly Hallett Berry, of Yarmouth, may
take the name of Mary Hallett Berry ; Reuben Cahoon, of
Harwich, may take the name of Reuben Calhoon ; Flora
Augustine Childs, of Barnstable, may take the name of
Adulsa Nickerson Childs ; Isaiah Nickerson Handy, of
Barnstable, may take the name of Robert Childs Handy ;
Lewis Thacher Crowell, of Barnstable, minor, may take
the name of Timothy Baker Crowell ; Jesse Hall, of Den-
nis, minor, may take the name of Jesse Sumner Hall ; all
of the county of Barnstable.
And the several persons before mentioned, from and
after the passage of this act, shall be known and called by
the names which, by this act, they are respectively allowed
to assume as aforesaid, and said names shall hereafter be
considered as their only proper and legal names, to all in-
tents and purposes. [Approved by the Governor, May 2,
1849.]
1849. Chap. 198—199. 139
An Act concerning the Fall River Railroad Company. Chan 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 :
Sect. 1. The Fall River Railroad Company, and the Fail River
Cape Cod Branch Railroad Company, are hereby authorized Ra,lroa'1 c°m-
i • • • i c t»t- pan v, and Cape
to change their respective locations in the town ot Middle- Cod Branch
borough, near their intersection : provided, that in so doing, panv,°mLy °m
they cross with their railroads no highway or townway change location
other than is now crossed by the said railroads, as already rough, on cer-
located: and provided also, that the said companies respect- tain conditions,
ively file their locations with the commissioners of the
county of Plymouth, in one year from the passage of this
act.
Sect. 2. The Fall River Railroad Company is hereby Capital stock
authorized to increase its capital stock one hundred and increase •
fifty thousand dollars : provided, that no shares in the cap- Proviso as to
ital stock hereby authorized shall be issued for a less sum
or amount, to be actually paid in on each, than the par
value of the shares in the original capital stock of said cor-
poration. [Approved by the Governor, May 2, 1849.]
An Act to incorporate the Georgetown and Andover Railroad Company. ChciV 199.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Jedediah H. Barker, William Johnson, and Corporators.
Joshua T. Day, their associates and successors, are hereby
made a corporation, by the name of the Georgetown and
Andover Railroad Company, with all the powers and priv- Powers and du-
ileges, and subject to all the duties, liabilities, and restric- ties-
tions, set forth in the forty-fourth chapter of the Revised R- s. ch. 44, 39,
Statutes, and in that part of the thirty-ninth chapter of said
statutes relating to railroad corporations, and in all other
laws which have been, or shall be, passed, relative to rail-
road corporations.
Sect. 2. Said company may locate, construct, and Route of road,
maintain a railroad, with one or more tracks, from some
convenient point on or near the Newburyport Railroad in
the village of Georgetown, through the town of Boxford,
to some convenient point on or near the Essex Railroad,
near the centre of the North Parish in Andover, at which
points the said company may enter upon, and unite their
railroad, by proper turnouts and switches, with the New-
buryport Railroad and with the Essex Railroad, and may
use the same, under the provisions and restrictions of the
laws relating to railroads.
140
1849.-
-Chap. 199—200.
Capita] stock.
Estate.
Value of shares.
Rate of tolls
may be reduced
after five years.
Other roads to
enter on this.
Location.
Completion.
Sect. 3. The capital stock of this company shall con-
sist of not more than fifteen hundred shares, the number of
which shall, from time to time, be determined by the di-
rectors of said company, and no assessment shall be laid
thereon, of a greater amount, in the whole, than one hun-
dred dollars on each share ; and said company may invest
and hold such part thereof, in real and personal estate, as
may be necessary and convenient for the purposes of their
incorporation. All shares in the capital stock of said cor-
poration shall be issued for the same value or amount, to be
actually paid in on each.
Sect. 4. The General Court may, after the expiration
of five years from the time when the said railroad shall be
opened for use, from time to time, reduce the rates of tolls
and other profits upon said road ; but the same shall not be
so reduced, without the consent of said company, as to
yield, with said profits, less than ten per centum per annum
to the stockholders.
Sect. 5. The General Court may authorize any other
company to enter, with another railroad, upon, and use the
said Georgetown and Andover. Railroad, or any part thereof,
by complying with such reasonable rules and regulations as
the said Georgetown and Andover Railroad Company may
prescribe, or as may be determined according to the pro-
visions of law.
Sect. 6. If the location of said railroad shall not be
filed within one year from the first day of September next,
and if said railroad be not completed within two years from
said first day of September, then this act shall be void.
[Approved by the Governor, May 2, 1849.]
ChcfrD 200. "^n ^CT 'n re^ati°n t0 l^e Laying out of Highways and other Ways.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
In all cases, where any suit shall hereafter be brought,
wherein the validity or legal effect of the proceedings of
any county commissioners, selectmen, town, city, or mayor
and aldermen, in respect to the laying out, altering, or dis-
continuing of any way, which laying out, altering, or dis-
continuing shall take place after the passage of this act,
shall be drawn in question, the time limited for applications
for a jury to assess the damages caused by such laying out,
alteration, or discontinuance, shall be so far extended, that
such application may be made at any time within one year
after the final determination of any such suit : provided,
that such suits shall have been brought within one year
Time extended
within which a
jury may be
applied for in
the matter of
laying out, &c.
of highways,
&c.
Proviso.
1849. Chap. 200—201. 141
from the time of such laying out, altering, or discon-
tinuance. [Approved by the Governor, May 2, 1849.]
An Act authorizing the Eastern Railroad Company to extend their Koad. Chap 201.
BE it enacted by the Seriate and House of Revresenta- ,
. 183G cli 232
tives, in General Court assembled, and by the authority of 1837,' ch, 152J
the sa?ne, as follows : j^g ch ]y3
Sect. 1. The Eastern Railroad Company are hereby 1844' ch! 133!
authorized to locate, construct, and complete an extension jl^'ch.'-ro6'
of their railroad, with one or more tracks, from some con- [82/203.
venient point in their railroad, in North Chelsea, to the Sa- 292.' ' '
lem turnpike, at or near the same point at which the Grand Route of ex_
Junction and Depot Company arc authorized to cross said tension ties-
turnpike ; thence crossing Island End River, by a suitable
bridge and draw, and crossing the dam and dyke at such a
grade, and in such a manner, as not to impair the same, to
a point in Maiden, westerly of the United States Marine
Hospital, near the junction of said Island End River with
Mystic River ; thence crossing said Mystic River, with the
necessary draws in the bridge, at the channels of said
river, of not less than forty feet space, to a point in the
city of Charlestown, westerly of the Salem Turnpike :
thence, by the most convenient line, through said city of
Charlestown to Thompson's Wharf, in said Charlestown ;
thence crossing Charles River to the wharf owned or occu-
pied by the Gas Company, in Boston, below Charles River
Bridge, making and maintaining a suitable and convenient
draw in the bridge, at the channel, to Commercial street, in
Boston ; provided, that no bridge shall be constructed over
any of the rivers aforesaid, exceeding thirty feet in width ;
and the same shall be constructed under the direction of a
commissioner, to be appointed by the governor and coun-
cil, and paid by the Eastern Railroad Company ; and any
bridge, so constructed, shall be deemed to be the limit of
the location across said rivers.
Sect. 2. Said company shall provide such effectual se- Security to
curity against any danger to the travel over Charles River goveraorand
Bridge, as the governor and council may, from time to council maj re-
° ' . ° J ' quire.
time, require.
Sect. 3. The mayor and aldermen of the city of Mayor and al-
Charlestown, for the time being, may regulate the rate of charlestown
speed at which the engines and trains may pass over such J",;!^.^1/810
portions of said railroad as may cross the streets of said speed,
city at grade.
Sect. 4. No stone, gravel, or other building materials, Of the removal
shall be taken by said company from the lands of the ei,&c!e'
Winnisimmet Company, without the consent of said com-
142
1849.
-Chap. 201—202.
Of streets and
ways divided
by railroad.
This act to be
accepted by the
stockholders.
Location and
completion.
New stock.
Proviso, as to
value of shares.
Of water pipes
laid by city of
Boston, to East
Boston.
Proviso.
Grand Junction
Railroad and
Depot Compa-
ny may use this
road.
pany, excepting only the land, over or upon which said
railroad shall be actually located, as aforesaid. And said
company, and other proprietors of the marsh within said
dam on Island End River, shall have the right to build and
maintain continuous streets and ways, connecting their es-
tates divided by said railroad, and cross, and recross, the
same, over, under, or on a level with it, where it divides
their said estates, or separates them from Island End River,
as they shall find most convenient, not obstructing the lo-
comotives and cars running on the said railroad, as allowed
in the acts heretofore passed in relation thereto.
Sect. 5. This act shall be void, unless the same shall
be accepted by the stockholders of said company, at a
meeting of the same, called for the purpose, and unless the
road shall be located within two years from the passage of
this act ; and unless the road shall be completed within
two years from the time said location shall be filed.
Sect. 6. For the purposes of this act, said Eastern
Railroad Company may create new stock, to an amount not
exceeding five hundred thousand dollars ; provided, that no
shares in the capital stock hereby authorized, shall be is-
sued for a less sum or amount, to be actually paid in on
each, than the par value of the shares in the original capi-
tal stock of said corporation.
Sect. 7. It shall be lawful for the city of Boston, un-
der the direction of the commissioner aforesaid, to lay and
construct their water pipes under, or by the side of said
bridges, for the purpose of conveying water into and
through East Boston, without compensation to the said
railroad corporation ; provided, however, that said pipes
shall be so laid, maintained, and repaired, as not to retard,
or in any manner obstruct, the regular and convenient use
of said bridges, for all the uses of said railroad company.
Sect. 8. The Grand Junction Railroad and Depot Com-
pany may enter upon and use the road, or any part thereof,
that may be constructed by said Eastern Railroad Com-
pany, within the limits herein chartered, according to the
provisions of law. [Approved by the Governor, May 2,
1849.]
Chap 202.
Duty of town
and city clerks.
An Act relating to the Rpgistration of Births, Marriages, and Deaths.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Town and- city clerks are hereby authorized
and required to obtain, record, and index, the information
concerning births, marriages, and deaths, now required by
1849. Chap. 202. L43
law. Towns and cities, containing more than ten thou- Town and city
sand inhabitants, may choose a person, other than the town be^h^"!^
or city clerk, to be town or city registrar, to perform this certain cases ;
duty instead of the town or city clerk ; and said registrar 0°atneun
shall take an oath faithfully to perform the duties of the
office.
Sect. 2. The fees of the clerk and registrar, for ob- Fees,
taining, recording, and indexing the information required
by this act, shall be as follows : — For each birth, twenty
cents ; for each intention of marriage, including the certifi-
cate to the parties, fifty cents ; for each marriage solemn-
ized, ten cents ; for each death, five cents ; and the under-
taker shall be allowed ten cents for information concerning
each death which he returns to the clerk or registrar ; said.
fees for births, deaths, and marriages solemnized, shall be
paid by the town ; and, for intentions of marriage, by the
parties having such intentions ; provided, however, that the Proviso.
aggregate compensation, allowed to any clerk or registrar,
may be limited by any town or city containing over ten
thousand inhabitants, but, in no case, so as to prevent the
full execution of this act.
Sect. 3. Any undertaker, or other person, having the Penalty for
superintendence of the burial of any deceased person, who n<
shall neglect or refuse to obtain and return the informa-
tion required by this act, concerning each person de-
ceased, whose burial shall come under his superintendence,
shall be liable to a penalty not exceeding twenty dollars for
each neglect, and, if an undertaker, to be deprived of his
office. And every clerk or registrar, who wilfully neglects
or refuses to perform the duties herein prescribed, shall be
liable to a penalty of not less than twenty, nor more than
one hundred dollars, for each neglect or refusal. All pen- Penalties how
alties and forfeitures, under this act, may be recovered by rec'
any person who shall sue for the same, one half thereof to
the use of said complainant, and the other half to the use
of the town or city in which the forfeiture shall have been
incurred.
Sect. 4. The returns required to be made on the first SSoJ^ESL?"
day of February, in the year one thousand eight hundred with May ,bi848.
and fifty, shall include the births, deaths, and marriages,
from the first day of May, in the year one thousand eight
hundred and forty-eight, to said day of return.
Sect. 5. Copies of records, in the several towns and ^5J^°ecb°.
cities, of the births, marriages, and deaths, which occurred tary of State,
during the next preceding year, ending December thirty- an,u,al,3-
first, shall be returned to the Secretary of State, annually,
on or before the first day of February. The blank forms
lU
1849.
-Chap. 202—203.
Blanks to be
furnished.
Repeal.
of said returns shall be printed on paper of uniform size ;
and those for each year, when filled out and returned to
the office of the Secretary of State, shall be bound to-
gether, in one or more volumes, and shall be furnished with
an index. Blank books for indexes to the town registrars,
shall be prepared by the Secretary of State, and furnished
to the several towns and cities at the expense of the Com-
monwealth.
Sect. 6. All parts of acts inconsistent with the provi-
sions of this act are hereby repealed. [Approved by the
Governor, May 2, 1849.]
Chap 203.
Wharves ex-
tended.
Description.
1340, ch. 33.
Proviso.
Proviso.
An Act authorizing Rhoades G. Lockwood, and others, to extend their
Wharves in Charlestown.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Rhoades G. Lockwood, and the devisees of Hamilton
Davidson, deceased, who are proprietors in common of a
wharf, or wharves, situated in Charlestown, in the county
of Middlesex, between Charles River Bridge and the wharf
or wharves of Abel Fitz, John Wesson, and John Gary, are
authorized to extend and maintain said wharf, or wharves,
upon, and into, that part of the channel, or harbor, which
lies between a line drawn parallel with the easterly boun-
dary line of Warren Avenue, so called, and the line of said
boundary continued south, in the same course, and distant
seventy-one feet easterly therefrom, and their other wharf
adjoining Charles River Bridge, as far as the line established
by the act entitled " An Act concerning the Harbor of
Boston," passed March seventeenth, in the year one thou-
sand eight hundred and forty, or may hold, use, and enjoy
the same, in part for the extension of their said wharves,
and in part for a dock connected therewith, as they may,
at any time, see fit, and shall have the right to lay vessels
at the ends of their said wharves, and receive wharfage and
dockage therefor : p?*ovided, however, that this grant shall
not be construed to extend to any flats or land of this Com-
monwealth, lying in front of the flats of any other person,
or which would be comprehended by the true lines of such
flats, continued to the commissioners' line : and provided,
also, that so much of said wharf as may be constructed
below low water mark shall be built on piles, which piles
shall not be nearer to each other than six feet in the direc-
tion of the stream, and eight feet in a transverse direction,
and that this act shall in no wise impair the legal rights of
any persons or corporations whatever. [Approved by the
Governor, May 2, 1849.]
1849. Char 204. 1 \:>
An Act to preserve that part of the Harbor of Boston, called Chelsea Creek, Chan 904-
aml to prevent Encroachments therein. isnup w±.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. In that part of the harbor of Boston, lying be- Lines in Chci-
tween East Boston and Chelsea, and known as Chelsea yo„d which*™
Creek, the lines hereinafter described, which are the same wharf to be
lines reported by the commissioners, authorized by a Re- exlen e(
solve of the General Court, passed on the tenth day of May,
in the year one thousand eight hundred and forty-eight,
" to define, upon a plan or plans, such lines," in said part
of said harbor, " as they shall think expedient to establish,
beyond which no wharves or other structure shall be ex-
tended into and over the tide waters of the Common-
wealth," and by them drawn and defined upon certain
plans taken by them, and deposited in the library, are here-
by established, as the lines beyond which no wharf or pier
shall ever hereafter be extended into or over the tide water
of said part of said harbor.
Sect. 2. The line on the East Boston side of said creek, Line on East
commences at a point on the westerly side of East Boston, oston SI e'
which point is the northerly terminus of the commission-
ers' line, heretofore established round East Boston, said
point being denoted by the letter A on said plans, — thence
running northeasterly from said point, about five hundred
and thirty-eight feet, to a point marked B, fixed at the dis-
tance of nine hundred and fifty-six feet from the intersec-
tion of the easterly line of Meridian Street, and the north-
erly line of Condor street, measuring, in a right line,
northwesterly from said intersection, at an angle of one
hundred and forty degrees with the northerly side of said
Condor Street ; thence again northeasterly, about nine
hundred and ninety-six feet, to a point marked C, situate
eleven hundred and forty-seven feet from the northerly side
of Condor Street, measuring northerly, and at right angles
thereto, and from a point one hundred and eighteen feet
and nine inches easterly from the intersection of the east-
erly line of Meridian Street, and northerly line of Condor
Street ; thence easterly about four hundred and five feet,
to a point marked D, situate one thousand and seventy-two
feet from the northerly side of Condor Street, measuring
northerly, and at right angles thereto, from a point in said
side of said street, nineteen hundred and twenty feet west-
erly from the intersection therewith of the easterly side of
Knox Street ; thence again easterly, about seven hundred
and fifty-three feet, to a point marked E, situate eight
19
146 1849. Chap. 204.
hundred and forty-two feet from the northerly side of
Condor Street, measuring northerly, and at right angles
thereto, from a point in said side of said street twelve
hundred feet westerly from the intersection therewith of
the easterly side of Knox Street ; thence again, easterly,
about thirteen hundred and fifteen feet, to a point marked
F, being the northwesterly corner of the westerly pier of
the Glendon Rolling Mill Company's Wharf, said corner
being at the distance of eight hundred and sixty feet from
the northerly side of Eagle Street, measuring northerly,
and at right angles thereto ; thence again, easterly, by the
face of the two piers of said wharf, about two hundred and
seventy-two feet, to the point marked G, being the north-
easterly corner of the easterly pier of said wharf; thence
again, easterly, about four hundred and sixty feet to a point
marked H, situate eight hundred and fourteen feet from the
northerly side of Eagle Street, measuring northerly, and at
right angles thereto, from a point in said side of said street
four hundred and sixty feet westerly, from the intersection
therewith of the westerly side of Chelsea Street ; thence
northeasterly about four hundred and fifteen feet to a point
marked I, situate six hundred and eighty-five feet from the
westerly side of Chelsea Street, measuring northwesterly,
and at right angles thereto, from a point in said side of said
street, six hundred and eighty-five feet northerly from the
intersection therewith of the northerly side of Eagle Street ;
thence northeasterly again, about one thousand and fifteen
feet, to a point marked K, on the west side of Chelsea Free
Bridge, said point being one hundred and fifty-eight feet,
northerly, from the face of the south abutment of said
bridge.
Line on Chelsea The line on the Chelsea side of said creek commences
at a point on the west side of Chelsea Free Bridge, situate
two hundred and two feet southerly, from the intersection
of the same with the southerly line of Marginal Street, in
the town of Chelsea, said point being marked L on the
plan ; thence running southwesterly about nine hundred
and fifty-five feet to a point marked M, situate three
hundred and six feet from the south line of Marginal
Street, measuring southerly, and at right angles thereto,
from a point in said side of said street, fifteen feet easterly
from the first bend therein, west of Chelsea Free Bridge,
aforesaid ; thence again, southwesterly, about three hun-
dred and seventeen feet to a point marked N, situate three
hundred and ninety-four feet from the southerly side of
Marginal Street, measuring southerly, and at right angles
thereto, from a point in said side of said street, sixty feet
1849. Chap. 204. 147
westerly from the aforementioned bend therein ; thence
westerly, about three hundred and eighty-six feet, to a
point marked O, situate four hundred and fifty-five feet
from the southerly side of Marginal Street, measuring
southerly, and at right angles thereto, from a point in said
side of said street, four hundred and forty feet westerly
from the aforementioned bend therein ; thence again, west-
erly, about two hundred and ten feet, to a point marked
P, being the southwesterly corner of the Glendon Rolling
Mills Company's Pier on the Chelsea Flats, situate in the
division line of the Winnisimmet Company's water lots,
numbered 21 and 22, and four hundred and sixty-five feet
from the southerly side of Marginal Street, measuring
southerly and at right angles thereto ; thence again wester-
ly, about thirteen hundred and thirty feet, to a point
marked Q,, situate in the division line between Austin &
Carrutlrs Wharves, and two hundred and forty-eight feet,
from the southerly side of Marginal Street, measuring
southerly and at right angles thereto ; thence again, west-
erly, about seven hundred and forty feet, to a point marked
R, situate in the line of the southerly side of Hawes'
Wharf continued and three hundred feet from the south-
erly side of Marginal Street, measuring southerly and at
right angles thereto ; thence again, westerly, about six
hundred and thirty-three feet, to a point marked S, situate
four hundred and five feet from the southerly side of Mar-
ginal Street, measuring southerly, in the line of the easterly
side of the Winnisimmet Company's solid wharf; thence
southwesterly about four hundred and eighty-five feet, to a
point marked T, being the southeasterly corner of the
small pier of the Winnisimmet Company, on the easterly
side of their ferry slip ; thence again southwesterly, about
sixty feet, to a point marked U, being the southerly ex-
tremity of the easterly line of spring piling of the aforesaid
ferry slip ; thence westerly across the mouth of said slip
about one hundred and twelve feet to a point marked V,
being the southerly extremity of the westerly line of the
spring piling of said ferry slip, and situate two hundred and
twenty feet southwesterly from the intersection of the
Winnisimmet Company's existing sea-wall, on the westerly
side of the aforesaid ferry slip, with the continuation of the
west side of Winnisimmet Street, measuring in the line of
said continuation ; thence southwesterly about eight hun-
dred feet to a dolphin driven into the flats and marked
\\ . situate eight hundred feet from the easterly side of
Chelsea Toll Bridge, measuring easterly, and at right
angles thereto, from a point in said side of said bridge
148
1849.-
-Chap. 204—206.
No wharf, &c,
beyond said
lines.
Penalty for
offending
against this act.
Structures
abated.
four hundred and ten feet south of the north abutment of
said bridge.
Sect. 3. No wharf, pier, or structure, of any kind, shall
ever hereafter be extended beyond said lines, into or over
the tide water in said part of said harbor.
Sect. 4. Every person offending against the provisions
of this act, shall be deemed guilty of a misdemeanor, and
shall be liable to be prosecuted therefor, by indictment or
information, in any court of competent jurisdiction, and, on
conviction, shall be punished by a fine not less than one
hundred dollars, nor more than one thousand dollars, for
every offence ; and any erection or obstruction which shall
be made contrary to the provisions and intent of this act,
shall be liable to be removed and abated as a public nui-
sance, in the manner by law provided for the removal and
abatement of nuisances on the public highways.
Sect. 5. This act shall take effect from and after its
passage. [Approved by the Governor, May 2, 1849.]
Chop 205. An Act concerning Powers of Attorney authorizing the Conveyance of Real
1 Estate.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The provisions of law concerning the acknowledgment
and registry of deeds of real estate, shall apply to all letters
of attorney which shall be made by virtue whereof any
conveyance of real estate shall hereafter be executed ; and
if the same shall be made by husband and wife, for the
purpose of authorizing conveyances of her real estate, (and
not merely for the release of dower by the wife,) such let-
ters of attorney shall be acknowledged by both husband
and wife before the same shall be recorded. [Approved
by the Governor, May 2, 1849.]
Such powers of
attorney to be
acknowledged
and registered
like deeds.
When of wife's
estate her
acknowledg-
ment necessary.
Chap 206.
Of taxation of
lands.
An Act in relation to School Districts.
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 town shall be districted anew, for school purposes, so
as to change the taxation of lands of proprietors, into dis-
tricts using different schoolhouses, oftener than once in ten
years. [Approved by the Governor, May 2, 1849.]
1849. Chap. 207—209. 149
An Act relative to State Lunatic Paupers. Chan '^07
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Whenever any comity of this Commonwealth shall pre- Of the evidence
sent any claim or claims for the support of any State lunatic ^counties for8
pauper, it shall be the duty of said county to present satis- support of
factory evidence to the committee, to which such claim or u 'x 1'l"|,rr
account may be referred, that said insane person has been
supported in a suitable and comfortable manner, and at an
expense equal to the amount to be allowed by the Com-
monwealth, and that no allowance or payment shall be
made unless this act shall have been complied with. [Ap-
proved by the Governor, May 2, 1S49.]
An Act in relation to the Pay of Witnesses summoned by the General Court. Chctp 208.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Each person summoned by the General Court, Witnesses to
or either branch thereof, and attending as a witness in any daTandtravel
case pending before the General Court, shall be entitled to 4 perns per
receive, for such attendance, from the treasury of the Com-
monwealth, the sum of one dollar per day, and if he lives
without the city of Boston, four cents per mile for his
travel to and from the place of his abode ; and for the ser- Sheriffs, &c, to
vice of subpoenas, issued by order of the General Court, fe^for^ervice
or either branch thereof, by any sheriff, deputy sheriff, or of subpoenas,
constable, the same fee shall be allowed and paid as is
allowed by law for the service of subpoenas issuing from
any of the courts of this Commonwealth.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 2, 1849.]
An Act concerning School Registers. Chcf'D ^09
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Instead of the school registers, in book form, Board of Edu-
now transmitted to school committees, the secretary of the scribe formtif
Board of Education is hereby required to transmit registers school registers,
in such form as the said board shall prescribe; and no Duty of school
school teacher shall be entitled to receive payment for his ,','.!'u'!n,,
or her services, until the register of his or her school, properly '' r<
filled up and completed, shall be deposited with tin' school
committee, or with such person as they may designate to
receive it.
150
1849.
-Chap. 209—211.
1845, ch. 157,
repealed.
Chap 210.
1848, ch. 32.
Compensation
of justices.
Repeal.
Police justice to
render account
of fees to county
treasurer.
Sect. 2. The act entitled an act relating to common
schools, passed on the eighteenth day of March, in the
year one thousand eight hundred and forty-five, is hereby
repealed. [Approved by the Governor, May 2, 1849.]
An Act in addition to '-An Act to establish the City 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 :
Sect. 1. The standing justice of the police court, for
the city of Worcester, shall be entitled to retain to his own
use, out of any moneys received by him, in each year, for
fees, fines, and penalties, an amount equal to the sum or
sums he may be required by law to pay over, in each year,
to the special justices of said court, for services rendered
by them.
Sect. 2. So much of the act entitled " An Act to
establish the city of Worcester," passed the twenty-ninth
day of February, in the year eighteen hundred and forty-
eight, as is inconsistent with this act, is hereby repealed.
Sect. 3. The justice of said police court shall here-
after exhibit, in the month of October, of each year, to the
county treasurer of the county of Worcester, a true and
particular account, under oath, of all sums of money by
him received in his capacity as justice, other than in civil
suits and actions between private parties ; and shall, imme-
diately after so exhibiting his said account, pay over to
said county treasurer the balance, if any, which may ap-
pear to be in the hands of said justice after deducting the
sum which by law he is allowed to retain for his own use.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 2, 1849.]
Chap 211.
Powers of city
councils in re-
fard to public
ealth.
How these
powers to be
exercised.
An Act in relation to Public Health.
BE it enacted by the Senate and Mouse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. All the powers vested in, and the duties pre-
scribed to, boards of health of towns, by the general laws,
shall be vested in, and prescribed to, city councils of cities,
in case no special provision to the contrary is made in such
laws themselves, or in the special laws applicable to any
particular city.
Sect. 2. The powers and duties above named may be
exercised and carried into effect by city councils, in any
manner which they may prescribe, or through the agency
of any persons to whom they may delegate the same, not-
remove nui-
sances.
1849. Chap. 211. 151
withstanding a personal exercise of the same, collectively
or individually, is prescribed in the instance of towns, as
above referred to. And city councils are hereby author-
ized to constitute either branch, or any committee of their
number, whether joint or separate, the board of health for
all, or for particular purposes, within their own cities.
Sect. 3. Whenever any nuisance, source of filth, or Nuisances, &c,
cause of sickness, shall be found on private property, within removed
any city, the board of health, or health officer, shall order
the owner, or occupant thereof, to remove the same, at his
own expense, within twenty-four hours, or such other time,
as they shall deem reasonable, after notice served, as pro-
vided in the succeeding section ; and if the owner, or occu- Penally for
pant, shall neglect so to do, he shall forfeit a sum not removenui-°
exceeding twenty dollars, for every day during which he sance.
shall knowingly permit such nuisance or cause of sickness
to remain, after the time prescribed as aforesaid, for the
removal thereof.
Sect. 4. The order mentioned in the last section shall Of the order to
be communicated by a written notice, served, personally
upon the owner or occupant, or their authorized agent, by
any person competent to serve a notice in a civil suit ; or
such notice may be left at the owner, occupant, or agent's
last and usual place of abode, if the same be known, and
is within the State ; and, if the owner or agent's residence
is unknown, or without the State, the premises being un-
occupied, then such notice may be served by posting up
the same on the premises, and by advertising in one or
more public newspapers, in such manner, and for such
length of time, as the board of health, or health officer,
shall deem expedient.
Sect. 5. If the owner or occupant shall not comply i*' order not
with the order above mentioned, the board of health may pr^ecdiii™. ''
cause the said nuisance, source of filth, or cause of sick-
ness, to be removed, and all expenses, incurred thereby,
shall be paid by the said owner or occupant, or by such
other person as shall have caused or permitted the same, if
such owner or occupant, or such other person, shall have
had actual notice from the board of health of the existence
of said nuisance, source of filth, or cause of sickness.
Sect. 6. All expenses incurred by any town or city in Expenses of
_ f c ,, c *i removing nm-
the removal of nuisances, or for the preservation ot me sances,how
public health, and which are recoverable of any private recovered,
person or corporation, by virtue of any provisions of law,
may be sued for and recovered in an action of debt before
any court having jurisdiction of the amount claimed.
Sect. 7. All fines and forfeitures incurred under the Of fines and
forfeitures.
152
1849.
-Chap. 211—212.
R. S. ch. 21,
§§ 10,11,46,
repealed, and
1816, ch. 44,
partly.
general laws, or the special laws applicable to any town or
city, or the ordinances, by-laws, and regulations of any
town or city, relating to health, shall enure to the use of
such town or city ; and may be recovered by complaint, in
the name of the treasurer, before any justice of the peace
of the county, or police court of the city, in which the
offence may have been committed.
Sect. 8. The tenth, eleventh, and forty-sixth sections
of the twenty-first chapter of the Revised Statutes, and so
much of the act of one thousand eight hundred and sixteen,
chapter forty-four, relating to the board of health of the
town of Boston, as is inconsistent with the foregoing pro-
visions, are hereby repealed, saving all proceedings and
causes of proceeding and forfeitures incurred under and by
virtue of such repealed acts. [Approved by the Governor,
May 2, 1849.]
Chap 212.
Corporators.
Powers and
duties.
R. S. ch.39,44,
and other gen-
eral laws.
Route of rail-
road.
Capital stock.
Peril estate.
An Act to establish the Middleborough and Plympton Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Zechariah Eddy, Oliver Parker, Ebenezer
Lobdell, their associates and successors, are hereby made a
corporation, by the name of the Middleborough and Plymp-
ton Railroad Company, with all the powers and privileges,
and subject to all the duties, liabilities, and restrictions, set
forth in that part of the forty-fourth chapter of the Revised
Statutes, and in that part of the thirty-ninth chapter there-
of, relating to railroad corporations, and in all other general
laws which have been, or shall hereafter be passed, relative
to railroad corporations.
Sect. 2. Said corporation is hereby authorized and em-
powered to locate, construct, and maintain a railroad, with
one or more tracks, from the depot of the Old Colony Rail-
road, in the town of Plympton, to some convenient point at
or near the depot of the Fall River Railroad, in the town of
Middleborough, either on the Cape Cod Branch Railroad or
the Fall River Railroad, or to said Fall River Railroad, near
to the Muttock Village, in said Middleborough, and to use
the same, or any part thereof, according to the provisions of
law.
Sect. 3. The capital stock of said corporation shall not
exceed fifteen hundred shares, the number of which shall be
determined, from time to time, by the directors of said cor-
poration, and no assessment shall be laid thereon of a great-
er amount, in the whole, than one hundred dollars on each
share; and said corporation may purchase and hold such
1849. Chai\ 212—214. 153
real estate as may be necessary for the purposes of their in-
corporation. All shares in the capital stock of said corpora- Value of shares,
tion shall be issued for the same value or amount, to be
actually paid in on each.
Sect. 4. If the location of this road be not filed within Location,
two years, and if said railroad be not constructed within Completion,
three years, from the passage of this act, this act shall be
void.
Sect. 5. The General Court may, after the expiration of ™usc™ayfbe4
four years from the time when said railroad shall be opened years.
for use, from time to time, alter and reduce the rate of tolls
or profits upon said road ; but said toll or profits shall not be
so reduced, without the consent of said corporation, as to
produce, with said profits, less than ten per cent, per annum
upon the investment of said corporation.
Sect. 6. The General Court may authorize any corpo- other railroads
. , , -it i N may be author-
ratlOll to enter, with another railroad, upon, and use the ized to use this.
Middleborough and Plympton Railroad, or any part thereof,
by complying with such reasonable rules and regulations as
the said Middleborough and Plympton Railroad Company
may prescribe, or as may be determined according to the
provisions of law. [Approved by the Governor, May 2,
1849.]
An Act concerning the Sale of Real Estate for Taxes. Chap 213.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. No sale of any real estate, for taxes, shall Who liable on
affect the rights of any person not taxable therefor : pro- eatat° flaxes.
vided, that any mortgagee, upon taking possession of said Proviso.
real estate by force of his mortgage, shall be liable to pay
all taxes then due, and the costs and expenses of any sale
that shall have taken place.
Sect. 2. In all cases of sales of real estate for the pay- Supreme^judi-
ments of taxes, the supreme judicial court shall have full equity3" '
equity powers. [Approved by the Governor, May 2, 1S49.J
An Act making a further Appropriation for the Completion and Support of Qhap 214.
the State Reform School. "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The sum of twenty-five thousand dollars, in 525,000.
addition to all former appropriations, shall be allowed and
paid to the trustees of the State Reform School, for the
completion and support of said institution ; and his excel-
20
154
1849.
-Chap. 214—215.
Scrip may be
issued.
Redeemable in
8 years.
Money may be
borrowed in
anticipation of
the issue of
scrip.
lency the governor, by and with the advice and consent of
the council, is authorized to draw his warrants accordingly.
Sect. 2. In order to defray any expenses incurred in
pursuance of the preceding section, or to repay any sums
borrowed, as hereafter authorized, the treasurer is hereby
empowered, under the direction of the governor, by and
with the advice and consent of the council, to issue scrip,
or certificates of debt, in the name and behalf of the Com-
monwealth, to an amount not exceeding twenty-five thou-
sand dollars, redeemable in eight years from the date thereof,
and bearing interest at the rate of five per cent, per annum,
payable semi-annually. And all such scrip shall be coun-
tersigned by his excellency the governor, and the faith of
the Commonwealth is hereby pledged for the redemption
of the same, as above provided. And the treasurer may,
under the direction of the governor, by and with the advice
and consent of the council, dispose of any portion of said
scrip at any price not less than the original par value.
Sect. 3. The treasurer, under the direction of the gov-
ernor, by and with the advice and consent of the council,
may borrow, in anticipation of the issue of any of the
scrip authorized as above, of any of the banks in this
Commonwealth, or of any corporations, or individuals,
such sums as may be necessary for the purposes of this act :
provided, that the whole amount borrowed by authority
hereof, and remaining unpaid, shall, at no time, exceed the
amount of twenty-five thousand dollars.
Sect. 4. This act shall go into operation from and after
its passage. [Approved by the Governor, May 2, 1849.]
Chan 215. ^n ^CT 'n relati°n t0 tne Office of the Secretary of the Board 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 follows :
Duties of sec- Sect. 1. The secretary of the Board of Education, in
ofEdiucation" addition to the duties imposed on him by law as recording
and corresponding secretary of the said board, and as state
librarian, shall obtain and diffuse information relating to the
public schools of the Commonwealth ; suggest to said
board and to the General Court improvements in the pres-
ent system of common schools ; visit, as often as his other
duties will permit, different parts of the Commonwealth
for the purpose of arousing and guiding public sentiment
in relation to the practical interests of education ; collect in
his office such school-books, apparatus, maps, and charts,
as can be obtained without expense to the Commonwealth,
and also to purchase, at an expense not exceeding fifty
1849. Chap. 215—216. 155
dollars a year, rare and valuable works on education for the
use of the said board, and for the benefit of teachers, au-
thors, and others, who wish to consult them ; receive and
arrange, in his office, the reports, returns, and registers, of
the common schools now and hereafter in the office of the
secretary of the Commonwealth, and receive, preserve, or
distribute the state documents in relation to the common
school system.
Sf.ct. 2. The secretary of the Board of Education shall Salary.
receive an annual salary of sixteen hundred dollars, to be
paid in quarterly payments out of the treasury of the Com-
monwealth.
Sect. 3. All necessary travelling expenses, incurred by Other expenses.
the secretary of the Board of Education in the perform-
ance of his official duties, after being approved by the said
board, shall be paid out of the treasury of the Common-
wealth ; and all postages and other necessary expenses, aris-
ing in the office of the said secretary, shall be paid in the
same manner as those of the other departments of the gov-
ernment. [Approved by the Governor, May 2, 1849.J
An Act relating to Agents and Factors. Ck(W 216.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever any person entrusted with mer- Lien of 2d con-
chandise, and having authority to sell or consign the same, sisnees> &c-
shall ship, or otherwise transmit or deliver the same to any
other person, such other person shall have a lien thereon : —
First. — For any money or merchandise advanced, or ne-
gotiable security given by him, on the faith of such con-
signment, to or for the use of the person in whose name
such consignment or delivery was made : —
Second. — For any money, or negotiable security, or
merchandise, received for the use of such consignee, by
the person in whose name such consignment or delivery
was made.
Sect. 2. Such lien shall not exist for any of the pur- Condition of
poses aforesaid, if such consignee shall not have proba- suc
ble cause to believe, at the time of such advance or receipt,
that the person, in whose name such merchandise was
shipped, transmitted, or delivered, was the actual owner
thereof, or had a legal interest in said property, equal to
the amount of said lien.
Sect. 3. Whenever any consignee or factor, having Lien of persons
J . , n i with whom con-
pOSSeSSlOll of merchandise with authority to sell the same, signees deposit
or having possession of any bill of lading, permit, certifl- °[tp,'ongadpr°p"
156
1849.-
-Chap. 216.
Proviso.
When deposit
or pledge is for
antecedent
debt.
Restrictions
and limitations
of this act.
cate, or order, for the delivery of merchandise, with the
like authority, shall deposit or pledge such merchandise, or
any part thereof, or such document, with any other person,
as a security for any money or merchandise advanced, or
negotiable instrument given by him, in good faith, upon
the credit thereof, such other person shall acquire, by vir-
tue of such contract, the same interest in, and authority
over, the said merchandise and documents, as he would
have acquired thereby, if such consignee or factor had been
the actual owner thereof ; notwithstanding the person mak-
ing such advances upon the faith of such deposit or pledge,
may have had notice that the person with whom he made
such contract was only an agent : provided, however, that
this act shall give validity only to such contracts, and shall
protect only such loans, advances, and exchanges, as shall
be made in good faith, and with probable cause to believe
that the agent making such contracts had authority so to
do, and was not acting fraudulently therein, against the
owner of such merchandise.
Sect. 4. If any person shall accept such merchandise
or document from any such consignee or factor, in deposit or
pledge for any antecedent debt due from such consignee or
factor, such person shall thereby acquire no other or further
right or interest in, or authority over, or lien upon, such
merchandise or documents, than such consignee or factor
might himself have enforced against the actual owner of
the same.
Sect. 5. Nothing in this act contained shall be con-
strued or taken : —
First. — To affect the lien of any consignee or factor,
at law, for the expenses and charges attending the ship-
ment, transportation and care of any merchandise entrusted
to him :
Second. — Nor to prevent the actual owner from recover-
ing such merchandise from such consignee or factor, pre-
vious to the pledge thereof, as aforesaid, or from his
assignees in case of his insolvency :
Third. — Nor to prevent such owner from recovering any
merchandise or document, so as aforesaid deposited or
pledged, upon tender of the money, and restoration of the
negotiable security or property so advanced to such con-
signee or factor ; and upon tender of such further sum of
money, and restoration of such negotiable instrument or
property as may have been advanced or given by such con-
signee or factor, to such owner ; or upon tender of a sum
of money equal to the amount or value thereof :
Fourth. — Nor to prevent such owner from recovering,
1849. Chap. 216—217. 157
from the person with whom such merchandise may have
been so deposited or pledged, any balance of money re-
maining in his hands as the proceeds of the sales thereof,
after deducting the amount of the moneys so advanced
thereon, or the amount of the negotiable security so given,
as an advancement as aforesaid.
Sect. 6. If any consignee or factor shall deposit or Penalty if con-
pledge any merchandise, or document, as aforesaid, con- or^fedgB Iprop-
signed or entrusted to him as a security for any money erty fraudulent-
borrowed, or negotiable instrument received by him, and y'
shall dispose of, or apply the same, to his own use, in vio-
lation of good faith, and with intent to defraud the owner
of such merchandise ; or if any consignee or factor shall,
with the like fraudulent intent, apply or dispose of, to his
own use, any money or negotiable instrument, raised or
acquired by the sale or other disposition of such merchan-
dise, such consignee or factor shall, in every such case, be
deemed and adjudged guilty of a misdemeanor, and shall
be punished therefor by a fine not exceeding five thousand
dollars, and by imprisonment for a term not exceeding five
years. [Approved by the Governor, May 2, 1849.]
An Act in relation to the Renewal of Bank Charters. CJlCW 217
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The several corporations hereinafter named, Banking- corpo-
which, by their respective charters, have been heretofore ued till January
incorporated and established at the several places named lst> 1870,
herein, be, and the same are hereby, continued corpora-
tions, for the purposes of banking, until the first day of
January, which shall be in the year one thousand eight
hundred and seventy ; notwithstanding any limitation in
their respective charters of incorporation to the contrary,
viz : — The president, directors, and company of the Boston
Bank, in Boston ; the president, directors, and company of
the City Bank, in Boston ; the president, directors, and
company of the Eagle Bank, in Boston ; the president, di-
rectors, and company of the Freeman's Bank, in Boston ;
the president, directors, and company of the Granite Bank,
in Boston ; the president, directors, and company of the
Mechanics Bank, in Boston ; the president, directors, and
company of the New England Bank, in Boston ; the presi-
dent, directors, and company of the Shawmut Bank, in
Boston ; the president, directors, and company of the State
Bank, in Boston ; the president, directors, and company of
the Danvers Bank, in Danvers ; the president, directors.
158 1849. Chap. 217.
and company of the Warren Bank, in Danvers ; the presi-
dent, directors, and company of the Gloucester Bank, in
Gloucester ; the president, directors, and company of the
Lynn Mechanics Bank, in Lynn ; the president, directors,
and company of the Marblehead Bank, in Marblehead ; the
president, directors, and company of the Asiatic Bank, in
Salem ; the president, directors, and company of the Ex-
change Bank, in Salem ; the president, directors, and com-
pany of the Salem Bank, in Salem ; the president, direct-
ors, and company of the Appleton Bank, in Lowell ; the
president, directors, and company of the Railroad Bank, in
Lowell ; the president, directors, and company of the New-
ton Bank, in Newton ; the president, directors, and compa-
ny of the Fitchburg Bank, in Fitchburg ; the president, di-
rectors, and company of the Leicester Bank, in Leicester ;
the president, directors, and company of the Blackstone
Bank, in Uxbridge ; the president, directors, and company
of the Citizens Bank, in Worcester ; the president, direct-
ors, and company of the Northampton Bank, in Northamp-
ton ; the president, directors, and company of the Green-
field Bank, in Greenfield ; the president, directors, and
company of the Agawam Bank, in Springfield ; the presi-
dent, directors, and company of the Lee Bank, in Lee ; the
president, directors, and company of the Dedham Bank, in
Dedham ; the president, directors, and company of the
Quincy Stone Bank, in Q,uincy ; the president, directors,
and company of the Wrentham Bank, in Wrentham ; the
president, directors, and company of the Fairhaven Bank,
in Fairhaven ; the president, directors, and company of the
Massasoit Bank, in Fall River ; the president, directors, and
company of the Marine Bank, in New Bedford ; the presi-
dent, directors, and company of the Merchants Bank, in
New Bedford ; the president, directors, and company of the
Bristol County Bank, in Taunton ; the president, directors,
and company of the Taunton Bank, in Taunton ; the pres-
ident, directors, and company of the Old Colony Bank, in
Plymouth ; the president, directors, and company of the
Wareham Bank, in Wareham ; the president, directors, and
Powers and du- company of the Barnstable Bank, in Yarmouth ; and the
ties- said corporations, respectively, shall be entitled to all the
powers and privileges, and shall be subject to all the duties,
liabilities, requirements, and restrictions, contained in such
acts as are now in force, and to such other acts as may
hereafter be passed, by the General Court, in relation to
banks and banking.
Banking corpo- Sect. 2. The several corporations hereinafter named,
!ied°tiii is" of" vvhich, by their respective charters, have been heretofore
January, 1875.
1849. Chap. 217. 159
incorporated and established at the several places named
herein, be, and the same are, hereby continued corporations,
for the purposes of banking, until the first day of January,
which shall be in the year one thousand eight hundred and
seventy-five ; notwithstanding any limitation in their re-
spective charters of incorporation to the contrary, viz : —
The president, directors, and company of the Boylston
Bank, in Boston ; the president, directors, and company of
the Columbian Bank, in Boston ; the president, directors,
and company of the Exchange Bank, in Boston ; the pres-
ident, directors, and company of the Globe Bank, in Bos-
ton ; the president, directors, and company of the Grocers
Bank, in Boston ; the president, directors, and company of
the Hamilton Bank, in Boston ; the president, directors, and
company of the Merchants Bank, in Boston ; the president,
directors, and company of the North Bank, in Boston ; the
president, directors, and company of the Shoe and Leather
Dealers Bank, in Boston ; the president, directors, and
company of the Tremont Bank, in Boston ; the president,
directors, and company of the Washington Bank, in Boston ;
the president, directors, and company of the Village Bank,
in Danvers ; the president, directors, and company of the
Haverhill Bank, in Haverhill ; the president, directors, and
company of the Bay State Bank, in Lawrence ; the presi-
dent, directors, and company of the Grand Bank, in Mar-
blehead ; the president, directors, and company of the Com-
mercial Bank, in Salem ; the president, directors, and com-
pany of the Mercantile Bank, in Salem ; the president, di-
rectors, and company of the Naumkeag Bank, in Salem ;
the president, directors, and company of the Cambridge
Bank, in Cambridge ; the president, directors, and company
of the Bunker Hill Bank, in Charlestown ; the president,
directors, and company of the Framingham Bank, in Fra-
mingham ; the president, directors, and company of the
Lowell Bank, in Lowell ; the president, directors, and com-
pany of the Waltham Bank, in Waltham ; the president,
directors, and company of the Lancaster Bank, in Lancas-
ter ; the president, directors, and company of the Central
Bank, in Worcester ; the president, directors, and company
of the Holyoke Bank, in Northampton ; the president, di-
rectors, and company of the Hampshire Manufacturers
Bank, in Ware ; the president, directors, and company of
the Springfield Bank, in Springfield ; the president, direct-
ors, and company of the Chicopee Bank, in Springfield ;
the president, directors, and company of the Agricultural
Bank, in Pittsfield ; the president, directors, and company
of the People's Bank, in Roxbury ; the president, directors,
160
1849.
-Chap. 217.
Powers and
duties.
In case of re-
monstrance by
stockholders
against the con-
tinuance of a
banking- corpo-
ration, pro-
ceeding's.
Three commis-
sioners to be ap-
pointed by gov-
ernor and coun-
cil, to examine
all the banks.
and company of the Neponset Bank, in Canton ; the pres-
ident, directors, and company of the Union Bank of Wey-
mouth and Braintree, in Weymouth ; the president, direct-
ors, and company of the Fall River Bank, in Fall River ;
the president, directors, and company of the Bedford Com-
mercial Bank, in New Bedford ; the president, directors,
and company of the Mechanics Bank, in New Bedford ; the
president, directors, and company of the Hingham Bank, in
Hingham ; the president, directors, and company of the
Plymouth Bank, in Plymouth ; the president, directors, and
company of the Falmouth Bank, in Falmouth ; the presi-
dent, directors, and company of the Pacific Bank, in Nan-
tucket ; and the said corporations, respectively, shall be en-
titled to all the powers and privileges, and shall be subject
to all the duties, liabilities, requirements, and restrictions,
contained in such acts as are now in force, and to such acts
as may hereafter be passed, by the General Court, in rela-
tion to banks and banking.
Sect. 3. If there be, on the part of the stockholders, or
any of them, any remonstrance against the continuance of
any of the said corporations, the said remonstrance shall be
made in writing, to the several cashiers of such banks, on
or before the first day of January, in the year one thousand
eight hundred and fifty ; and no one of the said corpora-
tions, whereof persons so objecting legally represent one
fourth part of the capital stock, shall be entitled to the ben-
efit of this act.
Sect. 4. There shall be appointed by the governor,
with the advice of council, three commissioners, who shall
exercise the powers, and perform the duties hereinafter
specified, until the fifteenth day of January, in the year one
thousand eight hundred and fifty-one : provided, that the
governor, with the advice of the council, may, at any time,
remove from office one or all of said commissioners, and
fill all vacancies. And said commissioners, or any two of
them, shall visit each and every bank in this Common-
wealth, whose charter is, by present limitation, to expire in
the year one thousand eight hundred and fifty-one, and
shall have free access to their vaults, books, and papers ;
and shall thoroughly inspect, and examine, all the affairs of
said corporations ; and make any and all such inquiries as
may be considered necessary, to ascertain their condition
and ability to fulfil all the engagements made by them :
and whether they have complied with the requisitions of
the statutes, in regard to banks and banking. And said
commissioners may summon and examine, under oath, all
the officers of said banks, and such other persons as may be
1849. Chap. 217. 161
thought proper, in relation to the conduct and affairs of said
banks.
Sect. 5. Before they shall enter on the dnties of their To be under
office, the said commissioners shall formally make oath be- oath-
fore some justice of a court of record, or before any two
justices of the peace of this Commonwealth, that they will,
faithfully and impartially, discharge and perform all the du-
ties incumbent upon them, in their said office.
Sect. 6. It shall be the duty of said commissioners to To report to
make a careful examination of the general laws of this ^xtth^f^acture
Commonwealth, relating to banks and banking, and of the ceming- banks,
operation of the same, in providing a currency best adapted and their opera-
to the wants and interests of the people ; and, within ten
days from the commencement of the next session of the
General Court, to report the result of their investigations,
and whether any and what alterations may be made in said
laws, which shall be mutually advantageous to the banking
institutions and the community.
Sect. 7. Said commissioners, in the month of January, Report to the
in the year one thousand, eight hundred and fifty-one, shall whf uTncTwhen.
make a report to the Legislature, within ten days from the
commencement of the session thereof, of the general con-
duct and condition of the corporations visited by them ;
and if the said commissioners shall be of opinion that any
one of said banks is insolvent, or that its condition is such
as to render its farther progress hazardous to the public, or
that such bank has so far exceeded its powers, or has so far
failed to comply with the rules, restrictions, and conditions
of the statutes, in relation to banks and banking, that it
should not be continued a corporation beyond the time
now limited by law ; and if the said commissioners shall Banks not to be
file a certificate thereof, in the office of the secretary of the benefits of this
Commonwealth, on or before the fifteenth day of January, act— on what
' i c J certificate of
m the year one thousand eight hundred and fifty-one, then commissioners.
such bank shall not be entitled to the benefits of this act.
Sect. 8. Each of said commissioners shall receive, as Compensation.
a compensation for his services, five dollars, for each and
every day employed by him, and at the rate of one dollar
for every ten miles actually travelled by him, in the per-
formance of the duties prescribed by this act ; and the gov-
ernor is hereby authorized to draw his warrants on the
treasury therefor. [Approved by the Governor, May 2,
1849.]
21
162 1849. Chap. 218.
Chttf) 218. ■^■n -^CT concerning the Mililia.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Duties and Sect. 1. In lieu of the duty heretofore prescribed
vXnteeracom-f DY law> to tne volunteer companies of militia of this Com-
panies, monwealth, and in lieu of the compensation heretofore
allowed by law for said duty — the duty prescribed, and the
compensation allowed therefor, shall be as follows, to wit :
On the last Wednesday of May, in each year, at two
o'clock of the afternoon, each and every company of the
volunteer militia of this Commonwealth shall be paraded for
inspection and discipline, by order of the commanding
officer thereof.
It shall be the duty of every such commanding officer,
at said parade, thoroughly to inspect the arms, uniforms,
and equipments of every description, belonging to his com-
pany, and to every member thereof, or contained in the
armory, or other place of deposit of the company — to en-
force the regulations and penalties by law provided for any
neglect or deficiencies, and. to cause the same to be reme-
died without delay, in such manner as to ensure the perfect
order and efficiency of the company, and its arms, and
equipments, of every description.
And further, thoroughly to drill and exercise his company
in the manual and manoeuvres, and all other particulars of
military discipline, according to the system of tactics pre-
scribed by the commander in chief, and by the laws of the
State, and the United States.
And further, to make return of the condition of his
command, in manner and form, as is hereinafter provided.
Camp duty. Sect. 2. And further, to perform two days' duty in
camp, annually, as follows, to wit : —
It shall be the duty of every commanding officer of
brigade, to issue his orders for an encampment of his brig-
ade, for the space of two successive days, at such time and
place as he shall designate ; between the middle of July
and middle of October, in each year, under his own com-
mand, at least thirty days before the time appointed for
said encampment. Or, if he shall deem it more suitable
and convenient, to issue his orders to the commanding offi-
cers of the regiments composing his brigade, to order out
their respective regiments, separately, for the purpose afore-
said, at such time and place as the said commanding officer
of the brigade shall appoint, or, in case the said command-
ing officer of the brigade shall not see fit to specify the
time or place, then at such time and place as the command-
1849. Chap. 218. 163
ing officers of the respective regiments shall see fit to
appoint ; said regimental orders to be issued at least twenty
days before the time appointed for such encampment : pro- Proviso.
vided, that regard shall be had to the limitation aforesaid,
from the middle of July to the middle of October, and also
to the greatest convenience and proximity of the troops to
be assembled, and to all other considerations of suitable-
ness for the purpose aforesaid.
Provided, also, that it shall be competent to the com- Proviso.
mander in chief, if he shall think fit to issue his orders,
specifying the time, and place, and manner of assembling
the brigades or regiments as aforesaid.
Provided, also, that the troops shall not be ordered upon Proviso.
said duty, upon the day of any election, or the day before
or subsequent to any day of election, appointed within the
limits of the brigades or regiments to be ordered upon said
duty, except on the last Wednesday of May, abovemen-
tioned, or in case of riot, or invasion, or insurrection, actual
or threatened, or by order of the commander in chief.
Sect. 3. The adjutant general, in capacity of inspector Duty of adju-
general, shall be authorized — unless the commander in !*n' ^J6/*1 as
o < ' io Camp scr~
chief shall choose to discharge the duty in person — to vice,
assume the superintendence and command of the troops in
the encampment aforesaid, when he may think it necessary
and proper, and, when on such duty, he shall be considered
as representing the person of the commander in chief, and
be, in all particulars, respected and obeyed accordingly.
And the adjutant general shall be further authorized to
employ, on such occasions, any officer he may think proper,
from among the officers of the militia, or otherwise — to act
under his orders, as an inspecting, and drill staff- officer,
who shall be respected and obeyed, according to such
orders as the adjutant general may issue ; and who shall be
paid for his services by the adjutant general, at a rate not
exceeding five dollars per day, and his necessary expenses,
while in the performance of said duty.
General, field and staff officers, company officers, and
privates and musicians, may, by permission of the officer
in chief command, and of their own immediate superiors,
drill and manoeuvre in camp, in undress uniform or fatigue
dress ; and officers, usually mounted, may discharge the
same duties on foot, by consent of the officer in chief com-
mand, as aforesaid.
The regular officers of the line and staff, attached to the
troops on such duty, shall retain and exercise their proper
rank and command, and discharge their respective func-
tions, such as they are entitled and bound to possess, exer-
164 1849. Chap. 218.
cise and discharge, when acting under the command of a
superior officer of the line.
Regimental Sect. 4. The commanding officer of each regiment,
bands. when encamped upon said duty, shall order on duty his
regimental band, for the time the troops are to remain in
Proviso. camp : provided, that, when the troops are encamped by
brigade, the brigadier general shall issue his orders for a
distribution of the duty as equally as possible among the
bands attached to the various regiments in the brigade, in
such manner that one band, and no more, may be on duty
each day.
Companies, Sect. 5. The troops so encamped shall be carefully and
in°camp.rCSe thoroughly exercised, partly under command of the com-
pany officers, and partly in battalions or brigades, in the
whole routine of camp and field duty, according to the
tactics prescribed from time to time, as shall be ordered
by the officer in chief command.
Upon the last day of said duty in camp, the troops shall
be inspected, reviewed, and manoeuvred in company and
battalion, by the commanders of brigades, if in regiments,
and by the major general, if in brigades, in presence of
Companies to be such general and other officers as may be present; and all
inwhit"man-' tne officers present, above the rank of company officers,
ner- shall, by vote among themselves, decide upon two compa-
nies in every regiment, or one in every battalion, who shall
have shown, in their judgment, the most thorough and
perfect discipline, according to the tactics prescribed for
the militia.
The company or companies so designated, by vote, as
aforesaid, shall be honorably mentioned and declared by
the officer in command, at the evening parade, on the last
day of camp duty.
Cavalry. Sect. 6. Companies of cavalry, or of any other de-
scription, annexed to regiments or battalions, shall do the
camp duty above described, with the corps to which they
are annexed ; and companies not annexed to any regiment
or battalion, may be, with their own consent, permanently
annexed to the most convenient regiment or battalion, or
temporarily annexed to any brigade, regiment, or battalion,
• either as a component part of such corps or battalion, for
the time being, or as a separate battalion, at the option of
the commanding officer of the larger body, and under his
command. Their rank and position, in such case, to be de-
termined by the ordinary military rules applicable to the case.
But if such companies, not embodied in any regiment,
shall choose to do said camp duty separately, they shall
receive orders therefor from the proper officer, and do said
1849. Chap. 218. 165
duty under the orders of their own commander, subject, as
above provided in the case of other troops, to the super-
vision of the adjutant general.
COMPENSATION.
Sect. 7. That each and every officer and member of
the volunteer companies shall receive compensation for the
military duty performed by them, according to the forego-
ing provisions, as follows, viz : —
For the May inspection, the sum of one dollar and fifty
cents, and, for each day's duty in camp, the sum of two
dollars and fifty cents per day ; the said sums to be com-
puted upon the pay roll of each company, to be made out
and certified by the commanding officers of companies, as
is now by law provided, and to be returned to the adju-
tant general's office, within ten days after the last day's
duty, and by him examined and certified, and returned to
the mayor and aldermen, or selectmen of the several towns
and cities, who shall, upon receipt thereof, pay over to the
persons named therein the sums specified. And the pay
rolls shall be returned by the mayor and aldermen, or se-
lectmen of the towns and cities, to the adjutant general's
office, on or before the thirty-first day of December, annu-
ally, to be by him presented, for allowance, to the governor,
as now by law provided, for the reimbursement of the
same, from the State treasury.
And each and every field officer and general officer, of
line or staff, shall receive, for each day's duty in camp,
and each officer on the staff of regiments, three dollars per
day for said duty, according to the returns of the inspect-
ing officers of said encampments, as hereinafter provided,
and to be paid them from the State treasury, in manner
and form as is now provided for the payment for duty at
the fall inspection and review, upon the warrant of the
governor and council, and according to a pay roll to be
made up in the office of the adjutant general.
The members of the regimental or battalion bands shall
be paid at and after the rate of three dollars per day, while
on duty, in manner and form, as is provided for officers and
members of companies, according to pay roll, to be made
up by the master thereof, as by law provided.
Sect. 8. All members of the active volunteer militia Exemption from
shall be entitled to exemption from duty as jurymen, in all uty asJuror;
cases, by pleading and proving the fact by their own oath,
in court, or by leaving a certificate of the fact, duly cer-
tified by the commanding officer of the company, or any
general or field officer of line, or staff, with the authorities
166
1849.
-Chap. 218.
of the town or city in which they reside, who may be
entrusted with the drawing of jurymen ; and said authori-
ties shall, upon receipt of such certificate, exclude the
names of such active members from the jury box.
RETURNS.
By command-
ers of compa-
Penally for
neglect.
By command-
ers of regiments
or battalions.
Penalty for
neglect.
Sect. 9. It shall be the duty of every commanding
officer of a company, within ten days after the inspection
in May, to make out correct duplicate returns of the com-
pany under his command, one of which he shall transmit
to the commanding officer of his regiment, and the other
to the office of the adjutant general.
And further, at the conclusion of each tour of camp
duty, to make out correct duplicate returns of the company
under his command, for each day of encampment, one of
which he shall deliver to the brigade major, or other in-
specting officer on duty in the camp, and the other he
shall transmit, within ten days after said tour of camp
duty, to the office of the adjutant general.
And further, within ten days after said tour of camp
duty, to make out a correct pay roll of his company, show-
ing the duty done throughout the year by each member
thereof, and transmit the same to the office of the adjutant
general.
And, for the omission or neglect of any of the returns
above, every commanding officer of a company shall be
liable to a fine of twenty-five dollars for each offence, and,
for making a false return in any case, every such officer
shall be liable to a penalty of one hundred dollars, to be
prosecuted for and recovered by any officer, to whom the
returns should be made, in any court of record of the Com-
monwealth, to the use of the Commonwealth.
Sect. 10. It shall be the duty of every commanding
officer of a regiment or battalion, within twenty days after
the May inspection, to make out, from the company re-
turns and the roster, a correct return of his regiment or
battalion, and transmit the same to the commanding officer
of his brigade, (or brigade major.)
And further, on the last day of each tour of camp duty,
to make out a correct duplicate roll of the field and staff
officers of his command on duty, for each day, specifying
the names and amount of duty done by each officer, and
deliver one of the same to the brigade major, or the in-
specting officer of the camp, and transmit the other, within
ten days thereafter, to the office of the adjutant general.
And every such officer, for neglect or omission of said
returns, shall forfeit, for each offence, the sum of fifty dol-
1849. Chap. 218. KH
lars ; and, for false return in any such case, the sum of
two hundred dollars, to be prosecuted for and recovered by
any officer, to whom the returns should be made, in any
court of record of the Commonwealth, to the use of the
Commonwealth.
Sect. 11. It shall be the duty of every commanding Bycommanci-
ofRcer of a brigade, on or before the first day of July, to ers of brisades-
make out a correct return of his brigade, and transmit the
same to the commanding officer of the division.
And it shall be the duty of each brigade major, within By brigade ma-
twenty days after each tour of camp duty, done by his Jors-
brigade, or the regiments or battalions thereof, to make out
a correct duplicate return of the brigade, and transmit one
to the commanding officer of the brigade, and the other to
the office of the adjutant general.
And further, to make out, at the same time, a correct
duplicate roll of the field, general, and staff officers belong-
ing to the brigade ; their name, rank and duty done by
them, in maimer and form, as is now provided in relation
to returns of such officers at Fall inspection and review,
and to transmit the same, one to the commanding officer of
the division, and one to the office of the adjutant general.
And every major of brigade shall forfeit, for neglect or Penalty for
omission of either of said returns, the sum of seventy-five ne§lect-
dollars, and, for false return, in any such case, the sum of
three hundred dollars, to be prosecuted for and recovered
by any officer, to whom the returns should be made, in
any court of record of the Commonwealth, to the use of
the Commonwealth.
Sect. 12. It shall be the duty of every commanding By command-
officer of division, to make a correct return of the state of e.rs of dlvl"
sions.
his division, and transmit the same to the adjutant general,
on or before the first day of August, in each year.
And further, on or before the first day of November, in
each year, to make out a correct roll of the general, field,
and staff officers in his division ; their name, rank and
duty done by them, in manner and form as is noAV pro-
vided, in relation to returns of such officers at fall inspec-
tion and review, and transmit the same to the office of the
adjutant general. And every such officer shall forfeit, for Forfeitures for
neglect or omission of either of said returns, the sum of ne»,ect or
omission.
one hundred dollars ; and, for false returns, in any such
case, the sum of five hundred dollars, to be prosecuted for
and recovered by the officer to whom the returns should be
made, in any court of record of the Commonwealth, to the
use of the Commonwealth.
Sect. 13. All regiments and companies of artillery shall
168 1849. Chap. 218—219.
Artillery com- henceforth be equipped and drilled as infantry, in time of
FeT&c baUer peace. But they shall be allowed to retain their cannon
and apparatus thereto belonging, if they shall so elect,
keeping the same in good repair and order, at their own
charge, under such regulations and conditions as the quar-
ter master general may think necessary for their safe keep-
ing, and subject to his supervision and order, if he shall, at
any time, think proper to require the return of the same.
The commissioned officers of the companies, being respon-
sible to the Commonwealth, as heretofore, for the observ-
ance of said conditions, and for the proper care of the
State property. Or the cannon and apparatus, and other
artillery equipments thereto belonging, may be returned to
the quarter master general, and the regiments or companies
be converted into light infantry, at their option, with the
consent of the commander in chief.
At all encampments, as above provided, whether by regi-
ment or brigade, the commanding officer of the troops to
be assembled, shall designate, in his orders, a battery of
two or four guns, at his option, having regard to proximity
and convenience, to be stationed in the encampment, and
to be manoeuvred by such detachments or companies as
may be detailed for that duty. Powder, horses, and other
expenses attending said duty, to be paid for by the quarter
master general, on all occasions when a battery may be
ordered out by an officer of competent authority for camp
or salute duty. Allowances of powder and ball for com-
pany practice to be hereafter discontinued, except when a
state of war, or danger thereof, may render target practice
expedient, in the opinion of the commander in chief. And
such battalions and companies of artillery, when not de-
tailed for duty as artillerists, shall be incorporated and
drilled with the light infantry regiments, and do duty on
the same footing with them, retaining, however, their rela-
tive rank and precedence as artillery. {Approved by the
Governor, May 2, 1849.]
Chap. 219 An AcT in addition to an Act entitled "An Act to prevent the Seining of Fish
in the Harbors of New Bedford and Fairhaven."
Ante, ch. 128. gg jt enacte(i fry t/ie ^enafe and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Restriction of Nothing contained in the act, entitled "An Act to pre-
anffd! T28. vent tne seining of fish in the harbors of New Bedford and
Fairhaven," passed the twentieth day of April, in the year
(me thousand eight hundred and forty-nine, shall be con-
strued to apply to the herring fisheries in Acushnet River.
1849. Chap. 219—220. 109
from Island Marsh so called, in said river, northwardly, to
the head waters thereof. [Approved by the Governo?', May
2, 1849.]
An Act concerning the Employment of Children in Manufacturing Estab- CfianQ.Q.O
lishments. 1
BE it enacted by the Senate and House of Representa- 1836> ch- 245-
fives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The meaning of the first section of the act Meaning of 1st
passed on the sixteenth day of April, in the year one thou- sec. of ch. 245,
sand eight hundred and thirty-six, entitled " An Act to pro-
vide for the better instruction of youth employed in manu-
facturing establishments," is hereby declared to be, that no
child under the age of fifteen years shall be employed in any
manufacturing establishment, unless such child shall have
attended some public or private day school, where instruc-
tion is given by a teacher qualified according to the first
section of the twenty-third chapter of the Revised Statutes,
at least one term of eleven weeks of the twelve months
next preceding the time of such employment, and for the
same period during any and every twelve months in which
such child shall be so employed ; but the provisions of this Proviso, as to
act, and of the act above named, shall not apply to any edlntonthismoV"
child who shall have removed into this Commonwealth, State.
from any other state or country, until such child shall have
resided six months within this Commonwealth.
Sect. 2. The second section of the act passed on the 1842, ch. 60, §
third day of March, in the year one thousand eight hun- 245^ 2, re- °
dred and forty-two, entitled "An Act concerning the em- pealed,
ployment of children in manufacturing establishments,"
and the second section of the act passed April sixteenth,
eighteen hundred and thirty-six, entitled "An Act to pro-
vide for the better instruction of youth employed in manu-
facturing establishments," are hereby repealed.
Sect. 3. The owner, agent, or superintendent of any Penalty for em-
manufacturing establishment, who shall employ any child m°nYa™facto-en
in such establishment, contrary to the provision of this ries, contrary to
act, shall forfeit a sum not exceeding fifty dollars for each oft£s°acL
offence, to be recovered by indictment, to the use of com-
mon schools in the towns respectively, where said estab-
lishment may be situated. [Approved by the Governor.
May 2, 1849.]
22
170 1849. Chap. 221—222.
Chat) 221. An AcT t0 incorporate the South Lee Manufacturing Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. Charles M. Owen, Thomas Hurlburt, Edward
H. Owen, their associates and successors, are hereby made
a corporation, by the name of the South Lee Manufactur-
To manufacture mg Company, for the purpose of manufacturing paper, iron,
paper, iron, &c. an(j iumDerj in the town of Lee, county of Berkshire ; with
Powers and du- all the powers and privileges, and subject to all the duties,
R.S. ch. 38 44. restrictions, and liabilities, set forth in the thirty-eighth
and forty-fourth chapters of the Revised Statutes.
Real estate. Sect. 2. Said corporation may, for the purposes afore-
said, hold real estate, not exceeding in amount one hun-
Capitai stock, dred thousand dollars, and the whole capital stock shall
Proviso, as to not exceed three hundred thousand dollars ; provided, that
value of shares. no shares in the capital stock of said corporation shall be
issued for a less sum or amount, to be actually paid in on
each, than the par value of the shares which shall be first
issued. [Approved by the Governor, May 2, 1849.]
CJlCip 222. An Act in relation to Railroad Crossings.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, arid by the authority of
the same, as follows :
Of applications Sect. 1. The application now required by the eightieth
m Boston, as to secti0n 0f the thirty-ninth chapter of the Revised Statutes,
railroads cross- J L '
ing other roads, to be made by selectmen to county commissioners, in the
&c- matter of a crossing, by a railroad, of any turnpike, high-
way, or townway, may, when said crossing is within the
limits of the city of Boston, be made by any two inhab-
itants of said city, to the mayor and aldermen thereof,
and such inhabitants shall be liable for costs when the rail-
road corporation shall be the prevailing party, and, before
the hearing of the application, shall give bonds, with suffi-
cient surety, for the payment of such costs, if the mayor
and aldermen shall so adjudge.
Extent of these Sect. 2. The foregoing provisions, and the provisions
vistonsnilar pr°" °f t^ie seventy-ninth, eightieth, and eighty-first sections of
the thirty-ninth chapter of the Revised Statutes, are hereby
declared applicable to all crossings by railroads of any high-
way, turnpike, townway, or travelled place, upon the same
level therewith, which now does or may hereafter exist ;
Proviso. provided, that whenever it shall be adjudged that a railroad
corporation shall provide security against a travelled place,
not laid out and adjudged to be a townway or highway,
the said corporation shall provide a gate for the same or
bars, as the county commissioners shall order.
1849. Chap. 222—223. 171
Sect. 3. The county commissioners may direct gates Power of coun-
to be built across the turnpike, highway, or townway, ere^to88"^
when the same crosses such railroad, instead of across said
railroad.
Sect. 4. The original jurisdiction of all questions Jurisdiction of
touching obstructions to turnpikes, highways, or town- obstractionS b°
ways, caused by the construction or operation of railroads, railroads.
shall be vested in the county commissioners of the respect-
ive counties wherein such obstructions shall occur.
Sect. 5. The supreme judicial court shall have juris- s.j. Court in
diction in equity, and may compel railroad corporations to foTc'e^dedslons
raise or lower any turnpike, highway or townway, when of county com-
the county commissioners have decided, or may decide, in m,ssloliers-
due and legal form, that such raising or lowering of any
such way is necessary for the security of the public, and to
compel railroad corporations to comply with the orders, de-
crees, and judgments of county commissioners, in all cases
touching obstructions, by railroads, in any of said ways.
[Approved by the Governor ; May 2, 1849.]
An Act to establish the Waltham and Watertown Branch Railroad. CIlCip 223.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Seth Bemis, Josiah Beard, Isaac Parker, their Corporators,
associates and successors, are hereby made a corporation,
by the name of the Waltham and Watertown Branch Rail-
road Company ; with all the powers and privileges, and Powers and
subject to all the duties, liabilities, and restrictions, set RUts.Sch. 44 39
forth in the forty-fourth chapter of the Revised Statutes, and other gen-
and in that part of the thirty-ninth chapter of said statutes era aws'
relating to railroad corporations, and subject to all other
general laws which have been, or which shall be, hereafter
passed, relative to railroad corporations.
Sect. 2. Said company is hereby empowered to locate, Route of rail-
construct, and maintain, with one or more tracks, a branch Ioa '
railroad, commencing at a point on the main railroad of the
Fitchburg Railroad Company, in Waltham, at or near the
Upper Factory depot, and thence running easterly along
the north side of Charles River, to enter upon and unite
with the Waltham and Newton Branch Railroad, at a con-
venient point near the Waltham Lower Factory.
Sect. 3. In case the Waltham and Newton Branch in what case
Railroad shall not be located within the time limited by b/furUierex-
the act passed at the present session of the General Court, tended,
granting an extension of the time of such location, or in
case of the surrender and transfer, by the corporators of
172
1849.-
-Chap. 223.
Waltham and
Newton Branch
Railroad Com-
pany may sur-
render to this
company.
This company
may connect
with Fitchburg
R. R., &c.
Capital stock.
Estate, real and
personal.
Value of shares.
said railroad, of all right to so much of said railroad as lies
between the Waltham Lower Factory and the westerly-
termination of the Watertown branch of the Fitchburg
Railroad, as provided in the following section, said Wal-
tham and Watertown Branch Railroad Company is hereby
empowered to locate, construct, and maintain their rail-
road, as granted in the preceding section, farther easterly
from the termination therein named., at or near the Waltham
Lower Factory, to a convenient point on the Watertown
Branch Railroad, at or near Bemis' Factory, there to enter
upon and unite with said Watertown Branch Railroad.
Sect. 4. The Waltham and Newton Branch Railroad
Company is hereby authorized to transfer and surrender, to
the Waltham and Watertown Branch Railroad Company,
by a formal vote of a majority of the corporators present at
a meeting specially called for that purpose, so much of
their railroad, or the right to locate, construct, and main-
tain, so much of the same as lies easterly of the Waltham
Lower Factory, and between said factory and the westerly
termination of the Watertown Branch Railroad ; and said
Waltham and Watertown Branch Railroad Company is
hereby authorized to accept such transfer and surrender,
and to locate, construct, and maintain, their railroad,
through the extent named, with all the powers and priv-
ileges, and subject to all the duties and liabilities, herein-
before mentioned.
Sect. 5. The Waltham and Watertown Branch Railroad
Company is hereby authorized to enter upon and unite
their railroad, by proper turnouts and switches, with the
main road of the Fitchburg Railroad Company, and also
with the Waltham and Newton Branch Railroad ; or, in
case the branch railroad, last named, shall not be located
and constructed as aforesaid, or, in case of a transfer and
surrender, as provided in the preceding section, then with
the Watertown Branch Railroad ; and to use said main
railroad, and one or both of said branches, or any part
thereof, agreeably to the provisions of law.
Sect. 6. The capital stock of the company hereby es-
tablished shall consist of not more than one thousand
shares, the number of which shall, from time to time, be
determined by the directors of said company; and no as-
sessment shall be laid thereon of a greater amount, in the
whole, than one hundred dollars on each share ; and said
company may invest and hold such part thereof, in real
and personal estate, as may be necessary and convenient
for the purposes of their incorporation. All the shares in
the capital stock of said corporation shall be issued for the
1849. Chap. 223. 173
same value or amount, to be actually paid in on each ; and
if said branch railroad shall be built by the Fitchburg Rail-
road Company, as hereby provided, then no shares shall be
issued for a less amount, to be actually paid in on each,
than the par value of the shares in the present capital stock
of the Fitchburg Railroad Company.
Sect. 7. If the location of the railroad, herein granted, Location,
shall not be filed within two years, and if the railroad shall Completion.
not be constructed within three years from the passage of
this act, this act shall be void.
Sect. 8. The General Court may authorize any com- other compa-
pany to enter, with another railroad, upon, and to use said IhorizeYto^se
Waltham and Watertown Branch Railroad, or any part this road,
thereof, by complying with such reasonable rules and reg-
ulations as the said Waltham and Watertown Branch Rail-
road Company may prescribe, or as may be determined
according to the provisions of law.
Sect. 9. The General Court may, from time to time, Toils may be
after the expiration of five years from the time when said Ty^Tcsed dfter 5
W^altham and Watertown Branch Railroad shall be opened
for use, 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 yield, with said profits, to
the stockholders thereof, less than ten per cent, per annum,
upon the investment of said company.
Sect. 10. The Fitchburg Railroad Company may, by This charter
a vote at a meeting of the stockholders, specially convened ed^Fitchburg
for that purpose, within two years from the passage of this R- R- Co-
act, and at any time before the filing of the location of
the railroad hereby established, accept the charter hereby
granted ; and, in that case, may locate, construct, and Duties in that
maintain, said railroad, and shall succeed to, hold, and en- c<
joy, all the franchise, rights, and privileges, hereby con-
ferred, and shall be subject to all the duties, restrictions,
and liabilities, hereby imposed, and may increase their cap-
ital stock to the extent hereby authorized, which increase
of capital stock shall be used for building said branch ;
and, upon such acceptance, the rights of the corporators
first named shall cease and determine.
Sect. 11. The Waltham and Watertown Branch Rail- This company
road Company, at anytime subsequent to the filing of their &c^ to Fitch-
location, as before mentioned, is hereby authorized and hurs R R Co-
empowered to transfer all its property, rights, privileges,
and franchise, under this act, to the Fitchburg Railroad
Company ; and said last named company is hereby author-
ized to receive and hold the same, whenever a majority, in
interest, of the stockholders of the two corporations, re-
174
1849.-
-Chap. 223—225.
spectively, at meetings specially called for such purposes,
shall elect so to do ; and, in case of such transfer and ac-
ceptance, the Fitchburg Railroad Company may increase
their capital stock to the amount above named, which in-
crease of capital stock shall be used for purchasing said
branch road. [Approved by the Governor, May 2, 1849.]
Chap 224,
Corporatois.
To construct
lines of tele-
graph.
Powers and du-
ties.
R. S. ch. 44.
Capital stock.
Proviso, as to
value of shares.
Chap 225.
Corporators.
To manufac-
ture cotton
goods in Ash-
burnham.
Powers and
duties.
R. S. ch. 38, 44.
Real estate.
Capital stock.
An Act to incorporate the Boston and Vermont Telegraph Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Benjamin P. Cheney, James C. Dunn, and
William Warner, their associates and successors, are hereby
made a corporation, by the name of the Boston and Ver-
mont Telegraph Company, for the purpose of constructing
and using lines of telegraph within this Commonwealth,
to connect with lines of telegraph which may belong to
the Vermont and Boston Telegraph Company, a company
incorporated by the authority of the state of Vermont, in
the year one thousand eight hundred and forty-eight.
Said Boston and Vermont Telegraph Company shall have
all the powers and privileges, and be subject to all the du-
ties, restrictions, and liabilities, set forth in the forty-fourth
chapter of the Revised Statutes.
Sect. 2. The capital stock of the said corporation shall
be a sum not exceeding seventy-five thousand dollars, to
be divided into shares of fifty dollars each : provided, that
no shares in the capital stock of said corporation shall be
issued for a less sum or amount, to be actually paid in on
each, than the par value of the shares which shall be first
issued. [Approved by the Governor, May 2, 1849.]
An Act to incorporate the Eagle Manufacturing Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Nathaniel Pierce, Charles Barrett, George Da-
vis, their associates and successors, are hereby made a
corporation, by the name of the Eagle Manufacturing Com-
pany, for the purpose of manufacturing cotton goods, in
the town of Ashburnham, in the county of Worcester,
with all the powers and privileges, and subject to all the
duties, restrictions, and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Sect. 2. Said corporation may hold, for the purposes
aforesaid, real estate, not exceeding in amount forty thou-
sand dollars, and their whole capital stock shall not exceed
1849. Chap. 225—227. 175
one hundred thousand dollars ; provided, that no shares in Proviso, as to
the capital stock of said corporation shall be issued for a valae of shares-
less sum or amount, to be actually paid in on each, than
the par value of the shares which shall be first issued.
{Approved by the Govwnor, May 2, 1849.]
An Act to increase the Capital Stock of the Boston and Maine Railroad Chap 226.
Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Boston and Maine Railroad Company are hereby $600,000 addi-
authorized to increase their capital stock, by an amount not tlonal stock-
exceeding six hundred thousand dollars, by adding thereto,
from time to time, at their discretion, an additional number
of shares, not exceeding six thousand, of one hundred dol-
lars each ; provided, that no shares in the capital stock Proviso, as to
hereby authorized, shall be issued for a less sum or amount, va ue ° s iares'
to be actually paid in on each, than the par value of the
shares in the original capital stock of said corporation.
[Approved by the Governor, May 2, 1849.]
An Act to incorporate the Boston Bagging Company. Chap 227,
BE it enacted by the Senate and Mouse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Henry Edwards, Henry Hoyt, and James A. Corporators.
Dorr, their associates and successors, are hereby made a
corporation, by the name of the Boston Bagging Company,
for the purpose of manufacturing cotton, grain, salt, and other For manufac-
kinds of bags, in the city of Boston, by the means of the Bostfn'bY sow-
sewing machine, with all the powers and privileges, and ms machines.
subject to all the duties, restrictions, and liabilities, set powers and du-
forth in the thirty-eighth and forty-fourth chapters of the „
__ . -| ™ XV. O. CIl. OOf TTi
lie vised (Statutes.
Sect. 2. Said corporation may take and hold such real Real and per-
■, -, r sonal estate not
and personal estate, as may be necessary and convenient tor to exceed
the purposes aforesaid, not exceeding in value the sum of #50>000-
fifty thousand dollars ; provided, that no shares in the Proviso, as to
capital stock of said corporation shall be issued for a less
sum or amount, to be actually paid in on each, than the
par value of the shares which shall be first issued. [Ap-
proved by the Governor, May 2, 1849.]
176
1849.
-Chap. 228—229.
Chap 228.
Corporators.
For sawing
lumber in
Boston.
Powers and
duties.
R. S. ch. 38, 44.
Estate.
Capital stock.
Proviso, as to
value of shares.
An Act to incorporate the South Bay Mill Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Jonas Chickering, Samuel Nicholson, Jon-
athan F. Barrett, their associates and successors, are here-
by made a corporation, by the name of the South Bay
Mill Company, for the purpose of sawing, carving, and
otherwise manufacturing all kinds of lumber, in the city
of Boston, with all the powers and privileges, and subject
to all the duties, restrictions, and liabilities, set forth in
the thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Sect. 2. Said corporation may hold, for the purposes
aforesaid, real estate, not exceeding in amount, fifty thou-
sand dollars, and the whole capital stock of said corporation
shall not exceed one hundred and fifty thousand dollars :
provided, that no shares in the capital stock of said corpora-
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which
shall be first issued. [Approved by the Governor, May 2,
1849.]
Chap 229.
Corporators.
To manufacture
glass in Chesh-
ire.
Powers and
duties.
R. S. ch. 38,4-4.
Estate.
Capital stock.
Proviso, as to
value of shares.
An Act to incorporate the Massachusetts Glass Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Waitstill Hastings, John L. King, Charles
Stearns, their associates and successors, are hereby made a
corporation, by the name of the Massachusetts Glass Com-
pany, for the purpose of manufacturing glass, in the town
of Cheshire, and county of Berkshire, with all the powers
and privileges, and subject to all the duties, restrictions, and
liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Sect. 2. Said corporation may hold, for the purposes
aforesaid, real estate, not exceeding in amount, twenty-five
thousand dollars, and their whole capital stock shall not
exceed fifty thousand dollars : provided, that no shares in
the capital stock of said corporation shall be issued for a
less amount, to be actually paid in on each, than the par
value of the shares which shall be first issued. [Approved
by the Governor, May 2, 1849.]
1849. Chap. 230. 177
An Act to incorporate the Quanapowitt Railroad Company. ChdftQSO
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Edward A. Smith, Otis H. Weed, Alfred Mudge, Corporators,
their associates and successors, are hereby made a corpora-
tion, by the name of the Quanapowitt Railroad Company,
with all the powers and privileges, and subject to all the Powers and du-
duties, restrictions, and liabilities, set forth in the forty- S^Jand other
fourth chapter of the Revised Statutes, and in that part of general laws.
the thirty-ninth chapter of said statutes relating to rail-
road corporations, and in all general laws which have
been, or shall be hereafter passed, relating to railroad cor-
porations.
Sect. 2. Said corporation is hereby authorized and em- Route of rail-
powered to locate, construct, maintain, and use a railroad, roa *
with one or more tracks, from some convenient point on the
Boston and Maine Railroad, north of Winn's Bridge, in
South Reading, and not more than two hundred feet from
said bridge ; thence on the easterly side of said Boston and
Maine Railroad by a convenient route to and upon Quana-
powitt Island, so called, with authority, at said point of
junction with the Boston and Maine Railroad, to enter upon
and unite their said railroad with said Boston and Maine
Railroad, and also with authority to construct side or other
tracks over and upon any land which may be owned by
said Quanapowitt Railroad Company, and uniting, with
their main track, at any point, or points, not less than one
hundred feet distant from the located limits of said Boston
and Maine Railroad : provided, however, that said side, or Proviso.
other tracks, shall not cross any highway established before
the construction of said tracks.
Sect. 3. The Legislature may authorize any other other compa-
company to enter, with another railroad, upon, and use the "hTsSroacLUS(
said Quanapowitt Railroad, or any part thereof, by com-
plying with such reasonable rules and regulations as the
said Quanapowitt Railroad Company may prescribe, or as
may be determined according to the provisions of law.
Sect. 4. The capital stock of said company shall con- Capital stock,
sist of not more than six hundred shares, the number of
which shall be determined, from time to time, by the di-
rectors of said company, and no assessments shall be laid
thereon of a greater amount, in the whole, than one hun-
dred dollars on each share ; and said company may invest
and hold such part thereof, in real and personal estate, as Estate,
may be necessary and convenient for the purpose of their
incorporation.
23
178
1849.-
-Chap. 230—231.
Location. Sect. 5. If the location of said main track shall not be
Completion. filed within one year, and if said track shall not be com-
pleted within two years from the passage of this act, the
same shall be void.
Value of shares. Sect. 6. All shares in the capital stock of said corpora-
tion, which shall be issued, shall be for the same amount,
to be actually paid in on each.
Sect. 7. This act shall take effect from and after its
passage. [Approved by the Governor, May 2, 1849.]
Chap 231.
Licensing' in
cities and
towns.
Licenses may
be revoked or
suspended.
Penalty for
exhibiting
without license.
Penalty for
masked balls,
&c.
An Act concerning Public Amusements.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The mayor and aldermen of any city, or the
selectmen of any town, may license all theatrical exhibi-
tions, public shows, public amusements, and exhibitions of
every description, to which admission is obtained upon pay-
ment of money, or the delivery of any valuable thing, or
by any ticket, or voucher obtained for money, or any val-
uable thing, upon such terms and conditions as they shall
think reasonable ; and they may revoke or suspend the
same whenever there shall appear to them to be sufficient
cause for such revocation or suspension.
Sect. 2. Any person who shall offer to view, or shall
set up, set on foot, maintain or carry on, or shall publish,
or otherwise assist in or promote any such exhibition,
show, or amusement, as mentioned in the preceding sec-
tion, without a license as therein specified, shall be pun-
ished by a fine not exceeding five hundred dollars for each
offence.
Sect. 3. Any person who shall get up and set on foot,
or cause to be published, or otherwise aid in getting up and
promoting any masked ball, or other public assembly, at
which the company wear masks, or other disguises, and to
which admission is obtained upon payment of money, or
the delivery of any valuable thing, or by any ticket or
voucher obtained for money, or any valuable thing, shall be
punished by a fine not exceeding five hundred dollars ; and,
for a repetition of the offence, by imprisonment in the com-
mon jail or house of correction, not exceeding one year.
[Approved by the Governor, May 2, 1849.]
1849. Chap. 232. 179
An Acr to incorporate the Springfield and Longmeadow Railroad Corpo- Hhan 9^9
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. John Mills, Marvin Chapin, Caleb Rice, George Corporators.
Bliss, Willis Phelps, their associates and successors, are
hereby made a corporation, by the name of the Springfield
and Longmeadow Railroad Corporation ; with all the pow- Powers and du-
ers and privileges, and subject to all the duties, liabil- l„% , „. „n
i • • <• i • i i* c ii K. ». ch. 44, 39,
lties, and restrictions, set forth in the forty-fourth chapter and other gen-
of the Revised Statutes, and in all that part of the thirty- erallaws-
ninth chapter of said statutes relating to railroad corpora-
tions, and all other general laws which have been, or shall
be passed, relative to railroad corporations, in this Com-
monwealth.
Sect. 2. Said corporation may locate, construct, and Route of rail-
maintain, a railroad, with one or more tracks, from some roa "
convenient point on the line of the Western Railroad, east-
erly of the depot of said railroad, in Springfield, by the
most convenient route, southeasterly, to the line of the
State, at the south line of the east parish in Longmeadow.
Sect. 3. The capital stock of said corporation shall con- Capital stock,
sist of not more than one thousand and five hundred shares,
the number of which shall, from time to time, be deter-
mined by the directors of said corporation, and no assess-
ment 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 Estate.
and personal estate, as may be necessary and convenient
for the purposes of their incorporation. All shares in the Value of shares,
capital stock of said corporation, shall be issued for the
same value or amount, to be actually paid in on each.
Sect. 4. Said corporation may enter upon, and unite May unite with
their railroad with, the Western Railroad, at some conve- ^^tem Rail~
nient point in Springfield, easterly of the depot of the
Western Railroad, and may use the same, under the pro-
visions and restrictions of the laws relating to railroads in
this Commonwealth.
Sect. 5. If said corporation shall not be organized, and Location,
if the location of the route of said road shall not be filed
with the county commissioners of the county of Hampden,
within one year after the passage of this act, and if said Completion,
corporation shall fail to complete said road, to some point
within the town of Longmeadow, within two years from
the passage of this act, then this act shall be void.
Sect. 6. The Legislature may, after the expiration of Toils mayi>e
five years from the time when said railroad shall be opened yeaurse
180 1849. Chap. 232—234.
for use, from time to time, reduce the rates of toll, or other
profits upon said road, but the same shall not be so re-
duced, without the consent of said corporation, as to yield,
with said profits, less than ten per cent, per annum to the
stockholders,
other compa- Sect. 7. The General Court may authorize any other
tbfsSroad.USe railroad company to enter, with their railroad, at any point
on the Springfield and Longmeadow Railroad, and use the
same, or any part thereof, by complying with such reason-
able rules and regulations as the said Springfield and Long-
meadow Railroad Corporation may prescribe, or as may be
determined according to the provisions of law. [Approved
by the Governor, May 2, 1849.]
Chap 233. An Act to incorporate the Taunton Carpet Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
m the same, as follows :
Corporators. Sect. 1. Samuel B. King, Samuel L. Crocker, Horatio
Gilbert, their associates and successors, are hereby made a
corporation, by the name of the Taunton Carpet Company,
Woolen car- for the purpose of manufacturing woolen carpets, in the
Pets- town of Taunton, and county of Bristol ; with all the pow-
duties! ers and privileges, and subject to all the duties, restrictions,
R. s. ch. 38, 44. anc[ liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Estate. Sect. 2. Said corporation may hold, for the purposes
aforesaid, real estate, in amount not exceeding seventy-five
Capital stock, thousand dollars, and their whole capital stock shall not
Proviso, as to exceed one hundred and fifty thousand dollars ; provided,
value of shares. tnat no shares {n the capital stock of said corporation shall
be issued for a less sum or amount, to be actually paid in
on each, than the par value of the shares which shall be
first issued. [Approved by the Governor, May 2, 1849.]
C%$£>234. An Act to incorporate the Lowell 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 :
Corporators. Sect. 1. Seth Ames, Ransom Reed, Samuel Lawrence,
their associates and successors, are hereby made a corpora-
tion, by the name of the Lowell Gas Light Company, for
To manufacture the purpose of manufacturing and disposing of gas, in the
gas, &c. c -ty 0f Lowell, and its immediate vicinity ; with all the
Powers and powers and privileges, and subject to all the duties, restric-
RUts.Sch. 38 44. tions, and liabilities, contained in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
1849. Chap. 234—235. 181
Sect. 2. The said corporation, for the purposes afore- Real estate,
said, may hold real estate, not exceeding in value one hun-
dred thousand dollars, and the whole capital stock shall not Capital stock,
exceed three hundred thousand dollars ; provided, that no Proviso, as to
shares in the capital stock of said corporation shall be is- value of snares-
sued for a less sum or amount, to be actually paid in on
each, than the par value of the shares which shall be first
issued.
Sect. 3. The said corporation, with the consent of the Power as to
mayor and aldermen of said city of Lowell, shall have °nPSiJysUnd
power and authority to open the ground in any part of the &c.
streets, lanes, and highways, in the said city, for the pur-
pose of sinking, extending, altering, and repairing such
pipes and conductors as it may be necessary to lay down
for the purposes of this act ; and the said corporation, after
opening the ground, as aforesaid, shall be held to put the
same again in repair with all reasonable despatch, under
the penalty of being prosecuted for a nuisance ; provided, Proviso, as to
that the said mayor and aldermen, for the time being, shall, governmenuo
at all times, have power to regulate, restrict, and control control,. &c.
the acts and doings of the said corporation, which may, in
any manner, affect the health, safety, or convenience of the
inhabitants of said city. [Approved by the Governor, May
2, 1849.]
An Act to incorporate the Ludlow Manufacturing Company. Chap 235.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. James Stebbins, John B. M. Stebbins, Tim- Corporators,
othy W. Carter, their associates and successors, are hereby
made a corporation, by the name of the Ludlow Manufac-
turing Company, for the purpose of creating a water power, To create water
to be used by said corporation, for manufacturing articles j^nlfa^ure
from cotton, wool, iron, wood, and other materials, and to cotton and other
be sold or leased to other persons and corporations, to be f™,y spring- '
used for manufacturing and mechanical purposes, in the fiekl> and Wii-
towns of Ludlow, Springfield, and Wilbraham, at the vil-
lage of Jencksville, in the county of Hampden ; with all Powers and
the powers and privileges, and subject to all the duties, re- Ru gs^h. 38; 44.
strictions, and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
Sect. 2. Said corporation may hold real estate, not ex- Real estate,
ceeding in value three hundred thousand dollars, and their
whole capital stock shall not exceed six hundred thousand Capital stock.
dollars, which shall be divided into shares of one hundred
dollars each ; provided, that no shares in the capital stock Proviso, as to
x value ol shares.
182
1849.-
•Chap. 235—237.
of said corporation shall be issued for a less amount, to be
actually paid in on each, than the par value of the shares
which shall be first issued. [Approved by the Governor,
May 2, 1849.]
Chap 236,
Corporators.
Cotton and
woolen jifoods,
in Fall River.
Powers and du-
ties.
R. S. ch. 38, 44.
Real and per-
sonal estate.
Proviso as to
value of shares.
An Act to incorporate the Corbitant Manufacturing Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Oliver S. Hawes, Lazarus Borden, Nathan
Durfee, their associates and successors, are hereby made a
corporation, by the name of the Corbitant Manufacturing
Company, for the purpose of manufacturing cotton and
woolen yarn, and cloth, in the town of Fall River, county
of Bristol ; and, for these purposes, shall have all the pow-
ers and privileges, and be subject to all the duties, restric-
tions, and liabilities, set forth in the thirty-eighth and forty-
fourth chapters of the Revised Statutes.
Sect. 2. Said corporation may hold such real and per-
sonal estate, as may be necessary and convenient for the
purposes aforesaid, not exceeding in value four hundred
thousand dollars ; provided, that no shares in the capital
stock of said corporation shall be issued for a less amount,
to be actually paid in on each, than the par value of the
shares which shall be first issued. [Approved by the Gov-
ernor, May 2, 1849.]
ChttP 237. ^u ^CT t0 'ncorPorate lne Silver Lake Branch Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Ebenezer Lobdell, Seth D. Eaton, Ebenezer
T. Lobdell, their associates and successors, are hereby
made a corporation, by the name of Silver Lake Branch
Railroad Company, with all the powers and privileges, and
subject to all the duties, liabilities, and restrictions, set
forth in the. forty-fourth chapter of the Revised Statutes,
and in that part of the thirty-ninth chapter of said statutes
relating to railroad corporations, and subject to all other
laws which have been or shall be passed, relative to railroad
corporations.
Sect. 2. Said company may locate, construct, and
maintain, a railroad, with one or more tracks, from some
convenient point on the Old Colony Railroad, not more
than twelve hundred feet easterly from the present station-
house, in Halifax, and may enter upon said Old Colony
Corporators.
Powers and
duties.
R. S. ch. 44, 39
and other gen-
eral laws.
Route of rail-
road.
1849. Chap. 237—238. 183
Railroad, with proper turnouts and switches ; thence east-
erly, to Jones River Pond ; thence branching north and
south by the margin thereof, a distance not exceeding one
and one half miles.
Sect. 3. The Legislature may authorize any other other compa-
company to enter with another railroad upon and use the ",i?ss "^ usc
Silver Lake Branch Railroad, or any part thereof, by com-
plying with such reasonable rules and regulations, as the
Silver Lake Branch Railroad Company shall prescribe, or
as may be determined according to the provisions of law.
Sect. 4. The capital stock of said company shall con- Capital stock,
sist of not more than three hundred and fifty shares, the
number of which shall be determined, from time to time,
by the directors of said company, and no assessment shall
be laid thereon, to a greater amount, in the whole, than one
hundred dollars on each share ; and said company may in-
vest and hold such part thereof, in real and personal estate, Estate.
as may be necessary and convenient for the purposes of
their incorporation. All shares in the capital stock of said Value of shares,
company shall be issued for the same value or amount, to
be actually paid in on each.
Sect. 5. If the location of said branch railroad shall Location.
not be filed within ten months, and if said branch railroad Completion.
be not completed within one year from the passage of this
act, then this act shall be void.
Sect. 6. The corporation hereby established is author- May transfer,
ized to sell and transfer all its property, rights, privileges, *oiony Rail-
and franchises, under this charter, to the Old Colony Rail- road Corpora-
road Corporation, or its successors, whenever the last named
corporation, or its successors, shall elect to purchase and
receive the same, in such manner, and upon such terms, as
shall be mutually agreed upon ; and, upon such transfer,
said Old Colony Railroad Corporation shall enjoy, and be
invested with, all the powers, privileges, and franchises,
hereby granted, and shall be subject to all the restrictions
and liabilities, hereby imposed. [Approved by the Gov-
ernor, May 2, 1849.]
An Act to increase the Capital Stock of the Lancaster Mills. Chop 238.
BE it enacted by the Senate and House of Representa-
• ITI 1 eh 20
fives, in General Court assembled, and by the authority of \';',n]rh.:n.
the same, as follows :
The Lancaster Mills are hereby authorized to increase #300,000 addi-
their capital stock, by adding thereto an amount not ex- tlonal s,ock-
ceeding three hundred thousand dollars ; and to invest such investment
increase in personal estate, necessary and convenient for the
purpose of carrying on the business of said corporation ;
tion.
184
1849.
-Chap. 238—240.
Proviso, as to
value of shares
Provis
provided, that no shares in the capital stock hereby author-
ized, shall be issued for a less sum or amount, to be actu-
ally paid in on each, than the average par value of the
shares in the present capital stock of said corporation, and
new certificates shall then be issued for all the shares in the
capital stock of said corporation, expressing the then
existing par value, and no others shall be subsequently
issued at any less rate; provided, further, that this act
shall not confirm or authorize any issue of shares in a
manner now illegal. [Approved by the Governor, May
2, 1849.J
Chap 239.
1848, ch 215.
5150,000 addi-
tional capital
stock.
Proviso, as to
value of shares.
An Act to increase the Capital Stock of the Hampshire Flax and Hemp
Company.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Hampshire Flax and Hemp Company are hereby
authorized to increase their capital stock, by 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 corpo-
ration : provided, that no shares in the capital stock hereby
authorized shall be issued for a less sum or amount, to be
actually paid in on each, than the par value of the shares
in the original capital stock of said corporation. [Approved
by the Governor, May 2, 1849.]
Chan 240 -^n ^CT l0 iQcrease
" turing Company.
the Capital Stock of the Amesbury Flannel Manufac-
1822, ch. 18.
5100,000 addi-
tional capital
stock.
Proviso, as to
value of shares.
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 Amesbury Flannel Manufacturing Company are
hereby authorized to increase their capital stock by an
amount not exceeding one hundred thousand dollars, and
to invest such increase in real and personal estate, neces-
sary and convenient for carrying on the business of said
corporation : provided, that no shares in the capital stock
hereby authorized shall be issued for a less sum or amount,
to be actually paid in on each, than the par value of
the shares in the original capital stock of said corporation.
[Approved by the Governor, May 2, 1849.]
1849. Chap. 241— -242. 185
An Act to incorporate the Westfield. Water Power Company. Chan 941
BE it enacted by the Seiiate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. James Fowler, Abner Post, Ira Yeomans, Jum\, Corporators.
their associates and successors, are hereby made a corpora-
tion, by the name of the Westfield Water Power Company,
for the purpose of creating a water power, for manufacturing To create
purposes, with power to use, sell, or lease the same, and water Povver.
shall have all the powers and privileges, and be subject to Powers and du-
all the duties, liabilities, and restrictions, set forth in the rsS- ch 38 44
thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Sect. 2. Said corporation may hold real estate, not Estate.
exceeding in value ten thousand dollars, exclusively of
improvements, and the capital stock of said company shall Capital stock,
not exceed fifty thousand dollars, which shall be divided
into shares of one hundred dollars each : -provided, that no Proviso, as to
shares in the capital stock of said corporation shall be va ue of shares-
issued for a less sum or amount, to be actually paid in on
each, than the par value of the shares which shall be first
issued.
Sect. 3. Said corporation shall have power to construct To build dam,
and maintain a dam across Westfield Little River, at or near c'
the place of the present dam, at a height not exceeding that
of the present dam, with power to conduct the water of said
Little River, and the water of Sackett's Brook, so called,
into Westfield Great River. [Approved by the Governor,
May 2, 1849.]
An Act to incorporate the Shawsheen Company. Chart 949
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Levi B. Merriam, Edmund L. Benzon, Fred- Corporators,
erick W. G. May, their associates and successors, are hereby
made a corporation, by the name of the Shawsheen Com-
pany, for the purpose of manufacturing cotton, woolen, and Cotton and
worsted goods, and also machinery and engines, in the other soods-
town of Andover, in the county of Essex, with all the Andover.
powers and privileges, and subject to all the duties, restric- Powers and du-
tions, and liabilities, set forth in the thirty-eighth and iTs. ch. 38, 44.
forty-fourth chapters of the Revised Statutes.
Sect. 2. Said corporation may hold, for the purposes Estate,
aforesaid, real estate, not exceeding in amount, one hundred
thousand dollars, and their whole capital stock shall not Capital stock,
exceed two hundred thousand dollars : provided, that no
24
186 1849. Chap. 242—243.
Proviso as to shares in the capital stock of said corporation shall be issued
' for a less sum or amount, to be actually paid in on each,
than the par value of the shares which shall be first issued.
[Approved by the Governor, May 2, 1849.]
Qhniv) 943 -An Act to incorporate the Williams Market.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, arid by the authority of
the same, as follows :
Corporators. Sect. 1. Henry Williams, William H. Guild, and George
H. Sweetser, their associates and successors, are hereby
made a corporation, by the name of the Williams Market,
For a market, for the purpose of erecting and managing a market for the
sale and storage of country produce, and other merchandise,
to be located in or near Dover Street, in the southerly see-
in Boston. tion of the city of Boston, with all the powers and privi-
Powers and du- leges, and subject to all the duties, liabilities, and restric-
r.Ss. ch. 44. tions, set forth in the forty-fourth chapter of the Revised
Proviso, not to Statutes : provided, that nothing contained in this act shall
fnlof^diine3 " ^e construed to authorize said corporation to engage in
produce, &c. buying or selling produce or merchandise of any descrip-
tion.
Estate. Sect. 2. Said corporation may hold real and personal
estate, for the purpose aforesaid, not exceeding in amount
Value of shares, one hundred thousand dollars : provided, that no shares in
the capital stock of said corporation shall be issued for a
less sum or amount, to be actually paid in on each, than
the par value of the shares which shall be first issued.
City govern- Sect. 3. The city of Boston may, by its city council,
re^iaTions11}^6 or DY ailY Person °r body to whom said council shall dele-
the market. gate its power, make and enforce suitable and proper police
regulations, in and around said market and its appurte-
nances.
City of Boston Sect. 4. The city of Boston may, at any time within
Se market,aSe five years from the passage of this act, purchase of said
&c, within five corporation the said market, and all the franchise, property,
c^dlti s rights and privileges of said corporation, on paying therefor
the amount expended in erecting said market, with interest
thereon, at the rate often per centum per annum, deducting
therefrom all sums that shall have been received by the
members of said corporation, as dividends of income or
profits, and also the amount of all reserved profits pos-
sessed by the corporation at the time of said purchase ; and
whenever the city of Boston shall have determined to pur-
chase said market, the directors of said corporation shall,
upon reasonable notice, make out a statement of the amount
to be paid according to the foregoing provisions, and shall
1849. Chap. 243—245. 187
exhibit their books and papers in verification of said state-
ment, and upon the payment, by said city of Boston, of the
sum which shall be found to be payable, as hereinbefore
provided, said corporation shall make, execute and deliver,
all such deeds, conveyances, and assurances, as may be ne-
cessary to invest, in said city, the said market, and all the
franchise, property, rights, and privileges of said corpora-
tion.
Sect. 5. This act shall take effect from and after its Market to be
passage, and shall be void unless said market shall be three years.
located and built within three years thereafter. [Approved
by the Governor, May 2, 1849.]
An Act to incorporate the Ashley Falls Company. Chart 244
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. William Ashley, William G. Bates, Edward Corporators.
F. Ensign, their associates and successors, are hereby made
a corporation, by the name of the Ashley Falls Company,
for the purpose of manufacturing cotton and woolen goods, Cotton goods,
and lumber, and grinding of grain, in the town of Sheffield, ^j' hef~
in the county of Berkshire, with all the powers and privi- Powers and du-
leges, and subject to all the duties, liabilities, and restric- £es,R.s.ch.38,
tions, set forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes.
Sect. 2. Said corporation may hold, for the purposes Estate,
aforesaid, real estate, not exceeding in amount, thirty thou-
sand dollars, and their whole capital stock shall not exceed Capital stock,
eighty thousand dollars : provided, that no shares in the Proviso, as to
capital stock of said corporation shall be issued for a less valueofshares-
amount, to be actually paid in on each, than the par value
of the shares which shall be first issued. [ Approved by the
Governor, May 2, 1849.]
An Act to establish the Superior Court of the City of Boston. C%<M?245.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. There shall be, and hereby is, established, in Superior court
the city of Boston, a court to be called the Superior Court IhVee^sn'ces.
of the City of Boston ; and there shall be appointed, com-
missioned and qualified, in the manner prescribed by the
Constitution, three meet persons, learned in the law, to be
justices of the said court, one of whom shall be appointed
and commissioned as chief justice of the said court.
Sect. 2. The clerk of the municipal court of the city of
188
1849.
-Chap. 245.
Clerk for crim-
inal business.
Clerks for civil
business.
Two criers.
Messengers.
Expenses not
provided for in
this act, to be
Boston shall perform the duties of clerk of the said supe-
rior court at the terms thereof, held for the transaction of
criminal business, and his duties, compensation, and tenure
of office, as clerk of the said superior court for criminal bu-
siness, shall be the same as are now provided by law in re-
spect to the clerk of the said municipal court ; and the said
superior court shall have the same power to fill vacancies
in the office of clerk of the said court for criminal business,
and to appoint and qualify a clerk pro tempore, for such
criminal business, as the said municipal court, or court of
common pleas now have, and shall fix the compensation of
such clerk pro tempore, to be paid out of the fees received
by the said clerk, or clerks, under this act ; and the said
clerk or clerks of the said superior court, for the criminal
business thereof, shall be entitled to receive, for their ser-
vices, the same fees which are now allowed by law to the
clerk of the said municipal court, for similar services.
Sect. 3. The clerks, for the time being, of the supreme
judicial court, in the county of Suffolk, shall also be the
clerks of the said superior court, at the terms thereof, held
for the transaction of civil business, and shall perform all
the duties of clerk of the said superior court, in relation to
the civil business thereof, and shall be entitled to receive,
for their services, the same fees which are now allowed by
law to the clerks of the supreme judicial court, and court of
common pleas, for similar services in the county of Suffolk ;
and the said superior court shall have power to appoint and
qualify a clerk pro tempore, for the civil business of the said
court, who shall act as clerk of the said superior court, in
the absence or inability of both of the said clerks of the su-
preme judicial court, and shall also have power to fix the
compensation of such clerk pro tempore, which shall be
paid out of the fees received by the said clerks of the su-
preme judicial court, and the clerk of the criminal sessions,
under this act.
Sect. 4. The said superior court shall have power to
appoint two criers of the said court, one for the civil and
one for the criminal side thereof, each of whom shall re-
ceive, for his attendance and services, the same fees as are
now allowed by law to the crier of the supreme judicial
court in the county of Suffolk ; and they shall also have
power to appoint a messenger or messengers of the said
court ; and the fees of such criers, and the compensation
of such messenger or messengers, shall be paid by the city
of Boston, in the manner hereinafter provided.
Sect. 5. The mayor and aldermen of the said city of
Boston shall have power, and it shall be their duty, to pro-
1849. Chap. 245. 189
vide, from time to time, for the payment, by the said city, paid by city of
of all expenses attending the sessions of the said court, and k°ston-
the transaction of its business, not herein specially pro-
vided for.
Sect. 6. The salaries established, and all expenses in- Salaries, &c,
curred in the administration of justice, under this act, shall cky°oF Boston
be paid by the city of Boston ; provided, that the treasurer Proviso.
of the said city may be allowed to retain, out of the fees,
fines, forfeitures, or costs accruing, or incurred, in the court
hereby established, or in the police, or justices' court of
said city, an amount sufficient to pay the salaries estab-
lished by this act, and all expenses incurred in the admin-
istration of justice, under this act, and shall account to the
Commonwealth for the balance which shall then remain in
his hands.
Sect. 7. It shall be the duty of the city council of the Salaries to be
said city of Boston to establish, by ordinance, the salaries counciUf'iLs-
of the justices of the said superior court, within sixty days ton-
after the passage of this act ; provided, that the salaries so es-
tablished, shall never exceed three thousand dollars a year
for each justice ; but the same shall not commence until this
act shall take effect ; and no salary shall be reduced during Proviso.
the continuance in office of any of the said justices, to
whom such salary shall be payable. And it shall also be
the duty of the said city council, thirty days at least before
this act shall take effect, to provide, by ordinance, for the
payment, by the said city, of all other expenses attending
the sessions of the said court, or the transaction of its bu-
siness, not herein otherwise provided for, so far as the same
shall then have been ascertained ; provided this act shall
first have been accepted by the said city of Boston, in the
manner hereinafter provided.
Sect. 8. The said superior court shall have exclusive, Jurisdiction in
original jurisdiction of all suits in equity, to be commenced e(^ult>'-
after this act shall take effect, of which the supreme judi-
cial court, and the court of common pleas, within the
county of Suffolk, or either of them, now have original
jurisdiction ; but, any party aggrieved by any final decree Appeals.
of the said superior court, in any suit or proceeding in
equity, may appeal therefrom to the supreme judicial court :
provided, that such appeal shall be claimed within fifteen Proviso.
days after the entering of such final decree ; unless the said
superior court shall, for cause shewn, allow a further time
therefor. And if, upon such appeal, the supreme judicial
court shall reverse the decree of the said superior court, the
supreme judicial court shall enter such decree as the supe-
rior court ought to have entered ; unless further proceed-
190
1849.
-Chap. 245.
Recognizance
on appeal.
Jurisdiction in
real and civil
actions.
Appeals from
probate court.
Damages by
highways.
Writs of review.
Exclusive juris-
diction of su-
preme judicial
court, in Suf-
folk.
ings in the cause should be necessary ; in which case, the
cause shall be remitted to the superior court for such
further proceedings. And, whenever the decree of the su-
perior court shall be confirmed by the supreme judicial
court, the party appealing shall be decreed to pay, to the
appellee, the costs, and all the reasonable expenses occa-
sioned by such appeal, to be taxed by the clerk, and revised
by the supreme judicial court, or some justice thereof, if
either party shall so require. And no appeal shall be al-
lowed, until the party appealing shall have recognized, with
sufficient surety or sureties, to prosecute such appeal with
effect, and to pay the costs and such reasonable expenses
as he may be decreed to pay by the supreme judicial court.
Sect. 9. The said superior court shall also have exclu-
sive, original jurisdiction of all real actions commenced
after this act shall take effect, and of all civil actions com-
menced after this act shall take effect, of which any court
of this Commonwealth, in the county of Suffolk, now has
jurisdiction, in which the debt or damages demanded, or the
property claimed, shall exceed, in amount or value, the sum
of three hundred dollars, and in which the plaintiff, or some
one in his behalf, shall, before service of the writ, make oath,
or affirmation, before some justice of the peace, that the
matter, sought to be recovered, actually exceeds, in amount
or value, the sum of three hundred dollars, a certificate of
which oath, or affirmation, shall be endorsed on, or an-
nexed to, the writ. And the said superior court shall also
have exclusive jurisdiction of all appeals, to be claimed
after this act shall take effect, from decrees of the judge of
probate for the county of Suffolk, which are now by law
cognizable by the supreme judicial court, with the powers
and authority now vested in the supreme judicial court,
concerning such appeals. And they shall also have exclu-
sive, original jurisdiction of all petitions or complaints, for
damages caused by the laying out, or discontinuance of
highways in the city of Boston, which shall be instituted
after this act shall take effect, of which the court of com-
mon pleas now has jurisdiction, with the powers and au-
thority now vested in the court of common pleas, concern-
ing such petitions or complaints. And the said superior
court shall also have power to grant writs of review of their
own judgments, or of the judgments of the court of com-
mon pleas, within the county of Suffolk. The supreme
judicial court, within the county of Suffolk, shall retain
exclusive jurisdiction of all libels for divorce, and shall
have the sole and exclusive power to issue writs of certio-
rari, mandamus, prohibition, and quo warranto ; but the
1849. Chap. 245. 191
said superior court, and the justices thereof, shall have con- Concurrent ju-
current authority, with the supreme judicial court in the risdiction-
county of Suffolk, and the justices thereof, to issue writs
of habeas corpus, and to adopt all such measures, in regard
thereto, as are provided in the one hundred and eleventh
chapter of the Revised Statutes, or are otherwise provided
by law : provided, however, that if any citizen of this Com- Proviso, where
monwealth. not living in the city of Boston, shall be the defc"dant is not
n I ? J ii- -i resident in Bos-
defendant m any action at law, returnable into the said ton.
superior court, he may, at the time when he shall enter his
appearance, move the said court, in writing, for an order of Order for re-
removal, and thereupon it shall be the duty of the said moval of actlon-
court to enter an order that the said action be removed for
trial, to the court of common pleas ; and, whenever such
order shall be made, it shall be the duty of the plaintiff in
such action, to enter the same, at the term of the court of
common pleas holden within and for the county of Suffolk,
next after such order of removal shall be made ; and the
said court of common pleas shall have power to try and de-
termine such action, in like manner, as if the same had
been originally commenced therein.
Sect. 10. The said superior court shall also have exclu- Jurisdiction in
sive original jurisdiction of all crimes, offences, and misde- &cmma cascs'
meanors whatsoever, which are now cognizable by the
supreme court, within the county of Suffolk, or by the
municipal court of the city of Boston ; and they shall Appellate.
likewise have the same appellate jurisdiction which the
municipal court of the city of Boston now has, of all
offences which shall be tried and determined before the
police court of the city of Boston, or before any justice of
the peace for the county of Suffolk. And the said court
shall possess and exercise all the powers now possessed and
exercised by the said municipal court, not inconsistent
with the provisions of this act.
Sect. 11. Any party aggrieved by any opinion, direc- Exceptions to
tion, or judgment, of the said superior court, in matter of oT'thTcourtin
law, in any civil action, suit, or proceeding, whatever, not civil actions.
being a suit in equity, whether it be according to the
course of the common law, or otherwise, shall have the
same right to allege exceptions thereto, and to have the
same allowed, as now exists in civil actions, suits, or pro-
ceedings, in the court of common pleas ; and, thereupon,
such exceptions, having been allowed, the case shall be
removed to, and entered in, the supreme judicial court, in
the same manner, and shall be disposed of by the same
proceedings, as are now required, or authorized, by law, in
respect of cases carried, by exceptions from the court of
192
1849.
■Chap. 245.
Appeals.
Exceptions in
criminal cases.
Writs of error.
New trials.
Seal of the
court.
Forms of writs,
common pleas, to the supreme judicial court ; save in the
case of probate appeals, in which the supreme judicial
court shall either enter such decree as the probate court
should have entered, or remit the case either to the probate
court or the said superior court, with such directions for
further proceedings as the case may require. And any
party aggrieved by the final judgment or decision of the
said superior court, founded on matter of law, apparent on
the record, may appeal therefrom to the supreme judicial
court, which appeal shall be claimed and entered, in like
manner as similar appeals from judgments of the court of
common pleas are now required to be claimed and entered.
And when any person, convicted in the said superior court,
shall think himself aggrieved by any opinion, direction, or
judgment of the court, in any matter of law, he may allege
exceptions thereto, in the same manner that a person, con-
victed in the municipal court of the city of Boston, may
now allege exceptions, and the case shall, thereupon, be
removed to the supreme judicial court, and be there dis-
posed of, as is now by law provided, in regard to cases re-
moved by exceptions from the said municipal court, and, if
such matter of law be apparent on the record, the party
aggrieved may appeal, in like manner as is provided in this
section, respecting civil actions.
Sect. 12. Final judgments in the said superior court,
in civil actions, and in all criminal cases, may be reexam-
ined upon a writ of error, and reversed or affirmed in the
supreme judicial court, for any error in law or in fact ; and,
when the judgment shall be reversed, the supreme judicial
court shall render such judgment as the said superior court
ought to have rendered.
Sect. 13. A majority of the justices of the said supe-
rior court may, at any time before judgment in any civil
action, set aside the verdict, and order a new trial, for any
cause for which, by law, a new trial may and ought to be
granted, and they may also, at any time within one year
after judgment in any criminal prosecution, grant a new
trial for any cause for which, by law, a new trial may or
ought to be granted, in the manner provided in the one
hundred and thirty-eighth chapter of the Revised Statutes.
Sect. 14. The justices of the said superior court shall
establish a seal for the said court, and all writs and pro-
cesses, issuing from the said superior court, shall be under
the seal of the court, and signed by the clerk thereof, and
may run into any cdtility, and shall be obeyed and exe-
cuted throughout the Commonwealth.
Sect. 15. The said court shall issue all writs and pro-
1849. Chap. 245. 193
cesses that may be necessary or proper to carry into effect
the powers granted to them ; and, when no form for any
such writ or process is prescribed by statute, the court shall
frame one, in conformity with the principles of law, and
the usual course of proceedings in the courts of this Com-
monwealth.
Sect. 16. The said superior court shall be holden by Terms of the
one or more of the justices thereof, on the first Monday of court'
every month, except the months of August and September,
for the disposition of suits at law and in equity ; and, on
the third Monday of each month, the said court shall be
holden by one or more of the justices thereof, for the dis-
position of criminal business ; but, upon the trial of any
indictment for a capital offence, the said court shall be
holden by all the justices thereof.
Sect. 17. The civil business of the said court shall be Civil business.
transacted exclusively at the terms thereof appointed for
the disposition of civil business ; and the criminal business Criminal.
of the said court shall be transacted exclusively at the
terms appointed for the disposition of criminal business.
Sect. 18. Each term of the said court, for the transac- Length of
tion of civil business, may be continued and held until,
and including, the last Saturday of the month in which
the same shall commence ; and each term of the said court,
for the transaction of criminal business, may be continued
and held until, and including, the Saturday preceding the
first day of the next term : provided, however, that, if any Proviso.
case should be on trial at the end of any term, such trial
may be continued and finished during the next succeeding
term.
Sect. 19. Once in every four months, grand jurors Grand jurors,
shall be selected, and required to attend the said superior
court, at the terms thereof for the transaction of criminal
business, in the manner prescribed in the one hundred and
thirty-sixth chapter of the Revised Statutes ; and they
shall be held to serve in the said superior court, at each
term, holden for the transaction of criminal business, until
another grand jury shall be empannelled in their stead.
Sect. 20. Traverse jurors shall also be selected and Traversejurors.
required to attend the said superior court, at the respective
terms thereof, in the same manner in which traverse jurors
are now by law selected and required to attend the terms
of the supreme judicial court, in the county of Suffolk, and
of the municipal court of the city of Boston.
Sect. 21. The iudges of said superior court shall Pleading?, prac-
. •> o r tice, <fcc, in law
have power, from time to tune, to make any rules, not con- and equity,
trary to any statutes of this Commonwealth, regulating the
25
194 1849. Chap. 245.
pleadings, practice, and business of the said court, both at
law and in equity ; and, more especially, they shall have
power, and it shall be their duty, from time to time, to
frame such rules as shall avoid all useless technicalities,
and, at the same time, cause the points really in issue be-
tween the parties, to be distinctly and fully presented, on
the part of the defendant, as well as on the part of the
plaintiff, so that surprise, loss of time, and useless expense,
may be avoided, and trials shortened, and the just decision
of causes expedited, as much as is practicable ; and also
such rules as shall cause the progress of all suits and pro-
ceedings in equity, to a just, final decree, to be as speedy
as possible.
Two sessions. Sect. 22. At any term of the said superior court, for
the transaction of civil business, whenever the public con-
venience shall require it, two sessions of the said court may
be held in different places, each by one of the justices
thereof; and such division may be made of the busi-
ness of the court, at any time, as may conduce to the more
speedy and convenient disposal of the same.
When no justice Sect. 23. When no justice of the said superior court
is present. shall be present at the time and place appointed for holding
a court, whether at the beginning of a term, or at any ad-
journment thereof, the sheriff of the county of Suffolk, or
either of his deputies, may adjourn the court, from day to
day, or from time to time, as the circumstances may re-
quire, or as may be ordered by any of the said justices ;
and he shall give notice of such adjournment, by making
public proclamation in the court house, and by a notifica-
tion thereof, posted on the door of the court house, or pub-
lished in some newspaper.
Transfer of bu- Sect. 24. All indictments, complaints, informations, ap-
cipaSiScourtmUm" Peals> and all other matters, which may be pending in the
municipal court of the city of Boston, and all writs, war-
rants, recognizances, precepts, and processes, returnable to
the said municipal court, and which would have had day
therein, if this act had not been passed, shall, after this act
shall take effect, be returnable to, and have day in, and be
fully acted upon by, the said superior court, at the first
term thereof, to be held for the transaction of criminal
business, next after this act shall take effect. And all par-
ties, jurors, witnesses, and others, who would have been
held to appear at the said municipal court, then next to be
held in the city of Boston, and after this act shall take
effect, shall be held to appear at the said first term of the said
superior court, for the transaction of criminal business ; and,
on the first day of the term last aforesaid, of the said supe-
1849. Chap. 245—247. 195
rior court, the said municipal court of the city of Boston That court
shall be, and the same hereby is, abolished.
Sect. 25. This act shall be void unless it shall be ac- This act subject
cepted by the said city of Boston, by the concurrent vote t0 acceptance
of the city council *of the said city of Boston, within sixty yci^C0UUC1-
days after its passage ; and it shall be the duty of the
mayor of the said city, within ten days after such accept-
ance, to certify the same to the Secretary of the Common-
wealth.
Sect. 26. This act, if accepted by the city of Boston, when to take
shall take effect, from and after the first day of October
next ; but the Governor, by and with the advice and con- Appointment
sent of the council, may appoint the justices of the said ol Justices-
superior court, at any time after the acceptance of this act,
in the manner provided in the preceding section. [Ap-
proved by the Governor, May 2, 1849.]
An Act to increase the Capital Stock of the Pocasset Manufacturing Com- Chap 246.
Pany- 1821, ch. 61.
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 Pocasset Manufacturing Company are hereby au- #400,000 addi-
thorized to increase their capital stock by adding thereto an s't°"k. cap' S
amount not exceeding four hundred thousand dollars, and
to invest such increase in real and personal estate, as may
be necessary and convenient for carrying on the business
of said corporation : provided, that no shares in the capital Proviso, as to
stock hereby authorized shall be issued for a less sum or
amount, to be actually paid in on each, than the par value
of the shares in the original capital stock of said corporation.
[Approved by the Governor, May 2, 1849.]
An Act to increase the Capital Stock of the Connecticut River Railroad Com- Chap 247.
pany.
BE it enacted by the Senate and House of Representa- J&J5. ch. 8^
tives, in General Court assembled, and by the authority of ms) ch. 137.
the same, as follows :
The Connecticut River Railroad Company are hereby #250.000 addi-
, . . . , -i \ tlonal stock.
authorized to increase their capital stock, by an amount not
exceeding two hundred and fifty thousand dollars, by add-
ing thereto, from time to time, at their discretion, an addi-
tional number of shares, not exceeding two thousand and
five hundred shares, of one hundred dollars each : provided, Proviso as ito
that no shares in the capital stock hereby authorized shall
be issued for a less sum or amount, to be actually paid in
on each, than the par value of the shares in the original
capital stock of said corporation. [Approved by the Gov-
ernor, May 2, 1849.]
196 1849. Chap. 248.
Cho/D 248. ^n ^CT t0 increase tne Capital Stock of the Salisbury Manufacturing Com-
? ' pany.
is!!' Ch' n'i ^^ ^ enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
5300,000 addi- The Salisbury Manufacturing Company are hereby au-
tionai capital thorized to increase their capital stock, by an amount not
exceeding three hundred thousand dollars, and to invest
such increase in real and personal estate, necessary and con-
venient for carrying on the business of said corporation :
Proviso, as to provided, that no shares in the capital stock hereby author-
ized shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares in the
original capital stock of said corporation. [Approved by
the Governor, May 2, 1849.]
value of shares.
RESOLVES
PASSED BY THE
Cctjtslatute of Mazsattynsttts.
EXTRA SESSION OF 1848.
Resolve for the Pay of the Chaplains of the Legislature. Ghttp. 1.
Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to the chaplain of the Chaplains to
Senate, and to the chaplains of the House of Representa- #2 per 'day. '
tives, each, the sum of two dollars, for each and every day's
attendance of the present session of the Legislature, and
that warrants be drawn accordingly. [Approved by the Gov-
ernor, November 25, 1848.]
Resolve for the Pay of the Clerks of the Legislature, and others. Chap. 2.
Resolved, That there be allowed and paid, to the clerks of
the Legislature, and to the doorkeepers, messengers, and ^"lasf session,
pages of the Senate and House of Representatives, the to clerks, door-
same pay for their services, for each day of the present Sengers,'and
session, as was allowed to them, respectively, by the sev- Pases-
eral Resolves of the last session of the present general
court, providing for their compensation, and that warrants
be drawn accordingly. [Approved by the Governor, No-
vember 25, 1848.]
SESSION OF 1849.
PiEsolve concerning the Quarter Master General's Department. L>/l(lJ). 1.
Resolved, That the sum of three thousand two hundred
dollars be hereby appropriated to defray the expenses of the $fy expenses'
Quarter Master General's Department, for the past year, and
that warrants be drawn accordingly. [Approved by the Gov-
ernor, January 20, 1849.]
198
1849.
-Chap. 2—6.
Chap. 2.
#35 allowed.
Chap. 3.
Boundary line
described and
fixed.
Chap. 4.
Allowance of
#30 for three
years.
Chap. 5.
R. S. ch. 2.
Resolve to pay the Expenses of the Funeral of the late Treasurer and Re-
ceiver General of the Commonwealth.
Resolved, That there be paid, out of the treasury of this
Commonwealth, to the sergeant-at-arms to the general
court, the sum of thirty-five dollars, to enable him to de-
fray the expenses of the funeral of the late treasurer and
receiver general, and that warrants be drawn accordingly.
[Approved by the Governor, January 23, 1849.]
Resolve to establish the Boundary Line between the Towns of Williams-
burg and Whately.
Resolved, That the true and actual boundary line be-
tween the towns of Williamsburg and Whately, is a line
commencing at a point on the south line of the town of
Conway, at a stone monument marked W. C. W. 1847.,
and from that point running south eleven and a half de-
grees west, in a straight line to the southwest corner of the
town of Whately, and on the south line of Whately to a
stone monument marked W. W., and, from that station,
easterly, in a straight line, to the northwest corner of the
town of Hatfield, and that the same be hereafter considered
as the true and actual boundary line between said towns.
[Approved by the Governor, February 2, 1849.]
Resolve on the Petition of Martin Wheelock.
Resolved, for reasons set forth in the said petition, that
there be allowed and paid, out of the treasury of the Com-
monwealth, to Martin Wheelock, of Gardner, in the county
of Worcester, the sum of thirty dollars a year, for the term
of three years from the twelfth day of June, in the year
one thousand eight hundred and forty-eight, should he live
so long, and that warrants be drawn therefor accordingly.
[Approved by the Governor, February 2, 1849.]
Resolve for the Distribution of the Eighth Volume of the Special Laws.
Resolved, That the secretary of the Commonwealth
cause to be distributed to each member of the present Leg-
islature, one copy of the eighth volume of the Special
Laws, and that the remaining copies be distributed accord-
ing to the provisions of the second chapter of the Revised
Statutes. [Approved by the Governor, February 3, 1849.]
Chat) 6 Resolve providing for Repairs upon the State House.
Resolved, That the sum of one thousand dollars be ap-
#1,000 allowed, propriated for a new floor of hard pine in the Doric Hall,
and other necessary repairs upon the State House, and that
the same be expended under the direction of the sergeant-
1849. Chap. 6—12. 199
at-arms, the accounts thereof to be audited and paid agree- Accounts to be
ably to the provisions of the act passed on the eighteenth ?udlted accord-
day of March, in the year one thousand eight hundred and mi, ch. 130.
forty-one, entitled, " An Act relating to the State House."
[Approved by the Governor, February 6, 1849.]
Resolve in favor of Francis W. Emmons. Chffft 7
Resolved, That there be allowed and paid, to Francis W.
Emmons, representative for the town of Sturbridge, in the Allowance of
last General Court, the sum of sixty-six dollars, for his de- #66 for ,sick-
.,.. . ,. •', • p t ness at last ses-
tention by sickness m attending and returning from the sion.
session thereof, and that a warrant be drawn accordingly.
[Approved by the Governor, February 8, 1849.]
Resolve relating to the State Map. ChaT) 8
Resolved, That the secretary of the Commonwealth be
authorized to procure not exceeding one hundred copies of One hundred
the State map, for exchange or distribution, from time to coPies t0, ^e
DrocurcQ for
time, as he shall deem expedient, among literary and scien- distribution.
tific men, and institutions in this and other states and
countries. [Approved by the Governor, February 8, 1849.]
Resolve concerning Medals. Oh art Q
Resolved, That all medals belonging to the Common-
wealth be deposited in the library, to be there kept, in All medals to
suitable cases, in charge of the librarian. [Approved by ^eSary?*1 '"
the Governor, February 8, 1849.]
Resolve for the Pay of a Deputy Clerk of the House of Representatives. Chat) 10
Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to Joseph H. Bucking- Allowance of
ham, the sum of thirty dollars, in full compensation for #30-
services rendered by him as deputy clerk during the absence
of the clerk of the house of representatives, and that a
warrant be drawn therefor accordingly. [Approved by the
Governor, February 14, 1849.]
Resolve on the Petition of William W. Bullock. /ij -i -i
Resolved, That, for reasons set forth in the petition of '
William W. Bullock, there be allowed and paid him the Allowance of
sum of forty dollars, and that a warrant therefor be drawn S40-
accordingly. [Approved by the Governor, February 14
1849.]
Resolve concerning the Plates of the State Map. Chan 1 2
Resolved, That the secretary of the Commonwealth be,
and he hereby is, authorized to cause the plates of the
200
1849.
-Chap. 12—14.
Plates to be
repaired, ex-
pense not to
exceed #300.
State map to be sufficiently repaired : provided, that the
expense thereof do not exceed three hundred dollars, and
that warrants be drawn accordingly. [Approved by the
Governor, February 16, 1849.]
Chap. 13.
Authorized to
sell certain
estates in
Boston.
Description.
To give deeds.
Proviso as to
bonds.
Resolve on the Petition of William D. Winter, Guardian.
Resolved, for reasons set forth in said petition, that Wil-
liam D. Winter, of Clinton, in the state of Louisiana, coun-
sellor at law, guardian of his minor child, Samuel Winter,
of said Clinton, be, and he is, hereby authorized and em-
powered to sell, at public auction or private sale, all the
interest of said Samuel Winter in and to five certain lots
of land, with the buildings thereon, situated in Boston, in
the county of Suffolk and Commonwealth of Massachu-
setts, and, together, bounded west on Washington Street
about one hundred feet ; north, on Pine Street, about one
hundred and sixteen feet ; east, on other land formerly
belonging to the estate of Henry Bass, on two lines, one,
about thirty-one feet two and one half inches, the other
about forty-five feet ; south, by land now or late of Parker,
about eighty feet ; and all real estate, which was formerly
the property of Henry Bass, of said Boston, deceased, in-
testate, and which descended to said Samuel Winter from
his mother, Lucretia B. Winter, deceased, a daughter of
said Henry Bass, and to make, execute, acknowledge, and
deliver good and sufficient deeds thereof to the purchaser
or purchasers thereof: provided, the said guardian shall
first give bond to the judge of probate for said county of
Suffolk, with good and sufficient surety or sureties, condi-
tioned that said guardian will execute the powers herein
granted according to his best judgment, and apply and
invest the proceeds of such sale according to law. [Ap-
proved by the Governor, February 24, 1849.]
Chap. 14.
Slavery in the
territories.
Resolves concerning Slavery and the Slave Trade.
Resolved, That, in the present posture of the deliberations
of Congress upon the subject of slavery in the territories of
the Union, Massachusetts will fail to do her duty if she do
not again utter her sentiments upon the subject of those
deliberations.
Resolved, That Congress has full power to legislate upon
the subject of slavery in the territories of the Union ; that
it has freely exercised such power from the adoption of the
Constitution to the present time, and that it is its duty to
exercise the power for the perpetual exclusion of the insti-
tution from those territories that are free, and for the extinc-
tion of the same in territories where it exists.
1849. Chap. 14—15. 201
Resolved, That, when Congress furnishes governments Ought to be
for the territories of California and New Mexico, it will be exc'uded-
its duty to establish therein the fundamental principle of
the ordinance of seventeen hundred and eighty-seven, upon
the subject of slavery, to the end that the institution may
be perpetually excluded therefrom beyond every chance
and uncertainty.
Resolved, That the slave trade ought not to exist in the ^f^jjjf e;
District of Columbia, and it is the duty of Congress imme- District of
diately to abolish the same. Columbia.
Resolved, That slavery ought not to exist in the District Slavery in same
of Columbia, and that it is the duty of Congress to devise abolished*5
the most just, practicable, and expeditious mode for abol-
ishing the same.
Resolved, That the legislation pointed out in the forego-
ing Resolves does not violate, but pursues, the compromises
between the North and South, that secured the adoption of
the Constitution ; and that, as our forefathers intended to
secure the non-extension of slavery, while they were seek-
ing to establish the Union, so we, their descendants, in
seeking to secure the non-extension of slavery, are acting
in the very spirit in which that Union was founded.
Resolved, That His Excellency the Governor be requested
to transmit copies of these Resolves to our Senators and
Representatives in Congress, to be by them laid before the
two houses of Congress, as an expression of the sentiments
and wishes of the people of Massachusetts. [Approved by
the Governor, February 27, 1849.]
Resolve authorizing the Treasurer to borrow Money in anticipation of the Qh(W 15
Revenue. "'
Resolved, That the treasurer of this Commonwealth be, Authorized to
and he hereby is authorized to borrow, in anticipation of exceeding01
the receipts of the present year, of any of the banks of this #200,000.
Commonwealth, or of any corporation therein, or of any
individual or individuals, such sum or sums of money as
may, from time to time, be necessary for the payment of the
ordinary demands on the treasury, at any time before the
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 :
provided, however, that the whole amount borrowed by
authority hereof, and remaining unpaid, shall not, at any
time, exceed the sum of two hundred thousand dollars.
[Approved by the Governor, February 28, 1849.]
26
202
1849.
■Chap. 16—19.
Chap. 16.
Allowance of
#1780, for ship
lever paupers,
in 1847 and
1848.
# 124 for small
pox pauper.
Proviso, #100
to attending'
physician.
Resolve on the Petitions of Town Officers of the Town of Lawrence.
Resolved, for the reasons set forth in said petitions, that
there be paid, out of the treasury of the Commonwealth, to
the treasurer of the town of Lawrence, the sum of seven-
teen hundred and eighty dollars in full for expenses incurred
by said town in the care of State paupers infected with
ship fever during the years eighteen hundred and forty-
seven, and eighteen hundred and forty-eight ; and the
further sum of one hundred and twenty-four dollars, in-
curred in the care of a State pauper, infected with the
small pox, prior to March first, eighteen hundred and forty-
eight : provided, that the sum of one hundred dollars be
paid, out of the above mentioned sum of seventeen hundred
and eighty dollars, to Dr. Lamb, the attending physician ;
and that the Governor draw his warrant accordingly.
[Approved by the Governor, March 7, 1849.]
Chat> 17 Resolve for the Payment of certain Pauper Accounts.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the several corporations
and persons mentioned in the accompanying roll, the sum
of seventy-three thousand and sixty-nine dollars and eighty-
five cents, in full discharge of the accounts to which it
Proviso, towns refers, and that a warrant be drawn accordingly : provided,
that all payments made under this resolve shall be made
upon the condition that the cities, towns, and individuals so
receiving the same, shall respectively refund, to the treasurer
of the Commonwealth, such sums as shall be found to have
been illegally charged in the accounts upon which such
payments are made. [Approved by the Governor, March
7, 1849.]
$73,069 85
allowed.
to refund where
charges are
found to be
illegal.
Chap. 18.
#4,200 to be
paid to warden.
Resolve for supplying a Deficiency in the Revenue of the State Prison.
Resolved, That there be paid, out of the treasury of the
Commonwealth, to Frederick Robinson, the warden of the
State Prison, or to his successor in office, the sum of four
thousand two hundred dollars, to supply a deficiency in the
revenue of said institution ; and that warrants be drawn
accordingly. [Approved by the Governor, March 13,
1849.]
Chap. 19.
#94 34 for ser-
vices, in part,
as commission-
Resolve in favor of Johnson Gardner.
Resolved, That there be allowed and paid, to Johnson
Gardner, out of the treasury of the Commonwealth, ninety-
four dollars and thirty-four cents, in full for his services
and expenses in relation to his report made to the last Leg-
1849. Chap. 19—24. 203
islature, as commissioner upon the boundary between this
Commonwealth and the state of Rhode Island, according
to his petition and account ; and that a warrant be drawn
accordingly. [Approved by the Governor, March 13, 1849.]
Resolve on the Petition of the Treasurer of the District of Marshpee. Chap. 20.
Resolved, That there be allowed and paid, out of the
State treasury, to Charles Marston, treasurer of the Indian |389 75 for
District of Marshpee, the sum of three hundred and eighty-
nine dollars and seventy-five cents, in full for money actu-
ally expended by him in the support of sundry State pau-
pers in said district, from the first day of November, in the
year eighteen hundred and forty-seven, to the first day. of
November, in the year eighteen hundred and forty-eight ;
and that a warrant be drawn accordingly. [ Approved by
the Governor, March 13, 1849.]
Resolve in favor of Amos Shumway, Guardian of the Dudley Indians. Chap. 21.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, the sum of two hundred #295 21 for ser-
and ninety-five dollars and twenty-one cents, to Amos dian!aSffUa
Shumway, guardian of the Dudley Indians, in full of his
said guardianship account to January first, one thousand
eight hundred and forty-nine ; and that a warrant be drawn
accordingly. [Approved by the Governor, March 17,
1849.]
Resolve in favor of Thomas French, Guardian of the Punkapog Indians. Chap. 22.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, the sum of seventy-four #74 41 for ser-
dollars and forty-one cents, to Thomas French, guardian of dl^s aS gUB'
the Punkapog Indians, in full of his said guardianship ac-
count to January first, one thousand eight hundred and
forty-nine, and that a warrant be drawn accordingly. [Ap-
proved by the Governor, March 17, 1849.]
R i^olve in favor of Holder Wordell, late Guardian of the Troy Indians. Chap. 23.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, the sum of one hundred #107 75 for ser-
and seven dollars and seventy-five cents, to Holder Wor- aianS a
dell, late guardian of the Troy Indians, in full of all ac-
counts, as such guardian, and that a Avarrant be drawn
accordingly. [Approved by the Governor, March 17, 1849.]
Resolve in favor of Benjamin F. Winslow, Guardian of the Troy Indians. Chap. 24.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, the sum of two hundred
204
1849.-
■Chap. 24—27.
vices as guar-
dian.
#291 ooforser- and ninety-one dollars, to Benjamin F. Winslow, in full of
his account, as guardian of the Troy Indians, to January
first, in the year one thousand eight hundred and forty-
nine ; and that a warrant be drawn accordingly. [Approved
by the Governor, March 17, 1849.]
Chap. 25.
#75 annually,
for four years.
Military ser-
vice.
Chap. 26.
#75 annually,
for life.
Revolutionary
services.
Resolve in favor of Charles B. Orcutt.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Charles B. Orcutt, of
Tewksbury, the sum of seventy-five dollars per annum, for
the term of four years, if he shall so long live, from the first
day of March, in the year one thousand eight hundred and
forty-nine, for a great injury sustained by him, while in the
performance of military duty ; and that a warrant be drawn
accordingly. [ Approved by the Governor, March 20, 1849.]
Resolve in favor of Daniel Woodward.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Daniel Woodward, of
Hubbardston, in the county of Worcester, for service in
the army of the Revolution, at several times, amounting, in
all, to four months and twenty-six days, the sum of seven-
ty-five dollars per year, during his natural life ; said sum to
be paid, annually, on the fourth day of April ; and that
warrants be drawn accordingly. [Approved by the Gov-
ernor, March 20, 1849.]
Chap. 27.
Authorized to
sell estate in
Boston.
Description.
Proviso as to
bond.
Resolve on the Petition of Benjamin Wheeler and another, Executors.
Resolved, for the reasons in said petition set forth, that
James Wyman, of said Boston, gentleman, be, and he is,
hereby authorized and empowered to sell, either at public
or private sale, for cash or on credit, and to convey in fee
simple, by good and sufficient deeds, discharged from all
trusts and liability for the application of the purchase
money, that portion of the estate situate in Boylston Street,
in said Boston, described in said petition, which, by said
will, was devised to said Benjamin Wheeler, one of said
petitioners, during his life, and after his death to his chil-
dren ; said devise being of one third part of a certain estate
situate in Boylston Street, fronting the south part of the
Common in said Boston, say west side, twenty-three feet
four inches, the whole of said estate measuring in front, on
said street, seventy feet, and the same in the rear, and one
hundred and thirty-seven feet from front to rear : provided,
however, that said Wyman shall first give such bond, with
sureties to the judge of probate, for the time being of the
county of Suffolk, as said judge shall approve, conditioned
1849. Chap. 27—30. 205
faithfully to exercise all and singular the powers hereby
granted ; and said bond shall provide that the proceeds of
such sale shall be placed at interest, secured by mortgages
of real estate, and such interest be paid to said Benjamin
Wheeler during his life, and that the principal shall be
held for the benefit of the children of said Wheeler at his
decease : and provided, also, that said Benjamin Wheeler
shall join in the deeds to be given as aforesaid, thereby
conveying his interest in the said estate in Boylston Street.
[Approved by the Governor, March 20, 1849.]
Resolve on the Petition of John A. Mason and others. Ch(ip. 28.
Resolved, That there be allowed and paid, to the adjutant
general, out of the treasury of the Commonwealth, the 5221 for the
sum of two hundred and twenty-one dollars, for the use of panyfcc°s7"
Company C, first regiment of artillery, and that he pay art.
the same to the non-commissioned officers and privates of
said company according to the pay-roll thereof in his office,
and that a warrant be drawn accordingly. [Approved by
the Governor, March 20, 1849.]
Resolve on the Petition of the Selectmen of the Town of Lancaster. Chew 29
Resolved, for the reasons set forth in the petition, that
there be allowed and paid, out of the treasury of the Com- 5275 for State
monwealth, to the treasurer of the town of Lancaster, the PauPers-
sum of two hundred and seventy-five dollars in full for
expenses incurred, by the said town, in the support of
State paupers during the year eighteen hundred and forty-
seven, while sick with ship fever, and that a warrant be
drawn accordingly. [Approved by the Governor, March
20, 1849.]
Resolve granting Taxes for the several Counties. CJtCW. 30.
Resolved, That the sums, placed against the names of
the several counties in the following schedule, are hereby
granted, as a tax for each county respectively, to be assessed,
paid, collected and applied according to law, viz : — Essex
County, thirty-two thousand six hundred dollars ; Middle-
sex County, sixty-five thousand six hundred and forty-two
dollars and fifty cents ; Worcester County, thirty-five thou-
sand dollars ; Hampshire County, eight thousand dollars ;
Hampden County, seventeen thousand dollars ; Franklin
County, nine thousand dollars ; Berkshire County, fifteen
thousand dollars ; Norfolk County, twenty-one thousand
dollars ; Plymouth County, fourteen thousand dollars ;
Bristol County, twenty-five thousand dollars ; Barnstable
County, six thousand five hundred dollars; Dukes County,
206
1849.-
-Chap. 30—31.
two thousand dollars. [Approved by the Governor, March
22, 1849.]
Chap. SI.
Authorized to
sell estate in
Newburyport.
Description.
Resolve on the Petition of Sarah \V. Hale.
Resolved, for reasons set forth in the said petition, that
the said Sarah W. Hale be, and she is, hereby authorized
and empowered to sell, at any time, at public or private
sale, at her discretion, and convey any and all of the real
estate hereinafter described, to wit: — One lot or parcel of
land situated in Newburyport, in the county of Essex, and
Commonwealth of Massachusetts, containing about one
hundred and ten rods, more or less, and bounded south-
westerly by Merrimack Street ; northwesterly by land of
the heirs of John B. Titcomb, deceased ; northeasterly by
Merrimack River ; and southeasterly by Brown's Upper
Wharf, so called, to the street aforesaid, with a dwelling-
house, and two shops thereon. One other lot situated in
said Newburyport, and bounded southeasterly by Green
Street ; southwesterly on Brown's Square, so called ; north-
westerly by land of J. B. Swasey and others ; and north-
easterly by land of said Sarah W. Hale, containing about
eighty rods, more or less, and on which are a dwelling-
house and shop. One other lot, situated in said Newbury-
port, containing about ten rods, more or less, and bounded
easterly by Market Street, southwesterly on land formerly
of Nathan Hoyt, deceased ; northwesterly on land of the
heirs of Peter Morss, and on land of the heirs of James
Horton, deceased ; northeasterly by land of James Horton,
and on land of the heirs of James Horton deceased, with
half a dwelling-house thereon. One other lot, situated in
said Newburyport, containing about ten rods, more or less,
and bounded southeasterly by Dove Street ; southwesterly
on land formerly of Daniel Merrill ; northwesterly by land
formerly of James Chase, junior ; and northeasterly by
land formerly of John Tufts, with a house thereon. One
other lot, situated in said Newburyport, containing about
one hundred and sixteen rods, more or less ; and bounded
southeasterly on Pond Street ; southwesterly on a street
leading by the burying ground ; northerly by a passage-
way between it and Frogpond ; and easterly by land for-
merly of Theophilus Jaques, with a house and barn
thereon. One other lot, situated in said Newburyport, con-
taining about twenty rods, more or less, and bounded north-
westerly by Federal Street ; northeasterly and southeasterly
by land formerly of William Bartlett, Esq., deceased, and
southwesterly by Beck Street. One other lot, situated in
said Newburyport, containing about sixteen rods, more or
1849. Chap. 31—32. 207
less, and bounded northwesterly by Franklin Street ; north-
easterly by land of Benjamin Jaques ; southeasterly by
land of Eleazer Short and others, and southwesterly by
land of Peter Sanford, with a dwelling-house thereon.
Also one lot, situated in Salisbury, in the county of Essex Estate in Saiis-
aforesaid, containing about twenty-five acres, more or less, ury' . .
and bounded southwesterly by Merrimack River ; north-
westerly by land of David J. Merrill ; northeasterly and
southeasterly by a creek and a ditch, excepting so much
as has been taken out for roads, one leading from New-
buryport Bridge to Ring's Island, and one leading from
the said bridge to Seabrook, and so much also as has
been taken out by the Eastern Railroad Company. And
one other lot situated in said Salisbury, containing about
twenty-two acres, more or less, and bounded southwesterly
by Merrimack River ; northwesterly by a creek and brook ;
northeasterly by land of , and southeasterly by
land of J. W. Buswell. And the said Sarah W. Hale shall Proceeds, how
pay over the proceeds of such sales to the surviving trustee, o0f be dlsPosed
appointed in and by the last will and testament of Moses
Brown, late of Newburyport aforesaid, merchant, deceased ;
and the said trustees shall hold and securely invest the
same upon the same limitations, and for the same uses and
ultimate disposal, as is provided in the will aforesaid, re-
specting the said real estate : provided, that, before any such Proviso as to
sale shall be made, the said Sarah W. Hale shall give satis- bonds-
factory bonds, with good and sufficient surety or sureties
to the judge of probate, for the county of Essex, that she
will faithfully execute the power hereby given to her, and
will pay over, to the said trustee, the proceeds of any and
all sales made by her under this resolve : and provided, Proviso as to
also, that the said trustee shall first give like satisfactory tm^c/
bonds to the said judge of probate, that he will faithfully
hold and invest, agreeably to the requirements of this re-
solve, all moneys, or other proceeds, that shall be received
by him for or on account of any sales made under the
same. [Approved by the Governor, March 22, 1849.]
Resolve in favor of Benjamin Savery and Alexander Kenrick. Ch(ll). 32.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Benjamin Savery, of Allowance for
Wareham, the sum of seven dollars, and to Alexander Ken- milea£e-
rick, of Orleans, the sum of four dollars, in full for errors
in computing their mileage as members of the General Court
for the year one thousand eight hundred and forty-eight,
and that warrants be drawn accordingly. [Approved by the
Governor, March 22, 1849.]
208
1849.-
-Chap. 33—35.
Chat). 33. RES0LVE on the Petition of the Parish of St. Mary's Church, in Dorchester.
Resolved, for the reasons set forth in said petition, that
Copy of record the time within which the clerk of the parish of St. Mary's
of proceedings Church, in Dorchester, is authorized to leave, with the town
of meeting to 7, ' _ ' , „
organize. clerk oi the town of Dorchester, a copy of the record of
the proceedings of the meeting at which the said church
was organized as a corporation, be extended to the expira-
tion of ten days from the time when this resolve shall be
approved by the governor ; and, if the said copy of the
record of proceedings shall be left with the said town
clerk, to be recorded within the said period, then all the
proceedings of said church shall be held valid, in the same
manner as if the copy of the said record had been left
with the town clerk, within ten days after the meeting at
which the said church was organized as a corporation.
[Approved by the Governor, March 22, 1849.]
Chap. 34.
Horace Mann
to prepare the
report.
Number of
copies.
Compensation.
Resolves relating to a Reprint of the Tenth Report of the Secretary of the
Board of Education.
Resolved, That the late Secretary of the Board of Educa-
tion, Honorable Horace Mann, be hereby appointed to pre-
pare, for republication, so much of his Tenth Annual Re-
port, as, with the requisite additions and alterations, to be
also made by him, will exhibit a just and correct view of
the common school system of Massachusetts, and the pro-
visions of law relating to it.
Resolved, That there be printed ten thousand copies of
such republication, to be distributed and disposed of in the
same manner as is now, or may be provided, in regard to
the Annual Reports of the Board of Education.
Resolved, That the governor and council be authorized
to determine the compensation to be made to Mr. Mann,
for the foregoing service, and to draw upon the treasurer of
the Commonwealth for the amount. [Approved by the
Governor, March 23, 1849.]
Chap. 35.
Resolve on the Petition of Joseph Kinsman.
Resolved, for reasons set forth in the said petition, that
«789 68 for de- there be allowed and paid, out of the treasury of the Com-
hc7andVsoi1dUb" nionwealth, from the proceeds of any lands sold, or which
may hereafter be sold, the sum of seven hundred and
eighty-nine dollars and sixty-eight cents, it being in full
compensation for any deficiency in certain lands conveyed
to said Kinsman, by this Commonwealth, by deeds, dated
the eleventh day of May, in the year one thousand eight
hundred and twenty-four ; and that a warrant be drawn
accordingly. [Approved by the Governor, March 23, 1849.]
1849. Chap. 36—37. 209
Resolve concerning the State Reform School Buildings. Ohan *3fi
Resolved, That there be appropriated the sum of six
thousand dollars, or so much of such sum as may be requi- #6000 for com-
site, for the completion of the State Reform School build- f^lsin° build"
ings, at Westborough, to be expended under the direction
of the commissioners upon that subject ; and that the gov-
ernor be authorized to draw his warrant accordingly. [Ap-
proved by the Governor, March 27, 1849.]
Resolve on the Petition of Dana Holden. Chap. 37.
Resolved, for reasons set forth in said petition, that Dana
Holden, of Chelsea, in the county of Suffolk, trustee of Authorized to
James Low, (otherwise called George James Low,) under ^g^1 estate
the will of Abiah P. Low, late of Boston, widow, is author-
ized to sell, either by public auction or private sale, and
pass deeds to convey, in fee simple, to the purchaser or
purchasers, one undivided third part of a piece or parcel of
land, with the buildings thereon, situated in Snow-hill
Street, so called, in Boston aforesaid, and bounded and Description,
measuring as follows, to wit : — easterly on said street,
twenty feet ; northerly on land and house now, or former-
ly, belonging to Thomas J. Clark, seventy feet, four inches ;
westerly on a passageway four feet, six inches wide, twenty
feet ; and southerly on house and land now, or formerly,
belonging to the widow Fales, seventy feet, four inches, or
however otherwise bounded or described ; with all the
rights, easements, privileges, and appurtenances, to the
same belonging, including the free use of said passageway,
and of a passageway five feet wide, leading from Hull
Street, on the northerly side of the house, now, or former-
ly, belonging to the said Thomas J. Clark, in common with.
William Vernon, and those claiming under him : provided, Proviso, as to
that the said Dana Holden, before making such sale, shall bond-
give a bond to the judge of probate of the county of Suf-
folk, with sufficient surety, conditioned that he, the said
Holden, will invest the proceeds of the sale of said land
and buildings, in other real and personal property in this
Commonwealth, to be held by said Dana Holden, in trust,
for the use of the said James Low, and his heirs, according
to the terms of the will of the testatrix aforesaid : provided, Proviso, as to
also, that, before such sale, the said James Low shall sig- assent of James
nify his assent to the making of said sale, by the said Dana
Holden, of said land and buildings, under this resolve, by a
writing, to be filed in the probate office of said county of
Suffolk, signed by the said James Low. [Approved by the
Governor, March 29, 1849.]
27
210
1849.-
-Chap. 38—42.
Chap. 38.
#50 for hus-
band's revolu-
tionary ser-
vices.
Chap. 39.
Kesolve for the Relief of Mary Bixby.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Mary Bixby, of Mill-
bury, in the county of Worcester, the sum of fifty dollars,
in full for the revolutionary services of her husband, Sam-
uel Bixby, deceased ; and that a warrant be drawn accord-
ingly. [Approved by the Governor, March 29, 1849.]
Resolve on the Petition of Alexander Pope.
Resolved, That the Commonwealth release to Alexander
Commonwealth Pope, of Dorchester, in the county of Norfolk, his heirs and
rights Gto 'prop- assigns, all its rights by reason of the alienage of John
erty of ahen. Hammond, in and to a lot of land on Highland Street, in
Roxbury, in said county, more fully described in a deed
thereof from said Hammond, to said Pope, dated on the
twenty-first day of September, eighteen hundred and for-
ty-seven, and recorded in the Norfolk registry of deeds,
book one hundred and seventy-five, at page two hundred
and nine. [Approved by the Governor, March 29, 1849.]
Chap. 40.
fl418 05 for
tate paupers.
Chap. 41.
#150 for ser-
vices as com-
missioners on
the treasury.
Chap. 42.
Punkapoag In-
dians.
Resolve in favor of the City of Cambridge.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the city
of Cambridge, the sum of fourteen hundred eighteen dol-
lars and five cents, in full of the State pauper account
of the said city, for the year ending November first, one
thousand eight hundred and forty-eight ; and that a war-
rant be drawn accordingly. [Approved by the Governor,
March 29, 1849.]
Resolve for Compensation to the Commissioners on the Treasury.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to William B. Calhoun,
George Morey, and William J. Hubbard, commissioners on
said treasury, at the decease of the late treasurer, the sum
of one hundred and fifty dollars, in full of their services on
said commission ; and that a warrant be drawn accordingly.
[Approved by the Governor, March 29, 1849.]
Resolve in relation to certain Indian Annuities.
Resolved, That the guardian of the Punkapoag Indians
pay so much on account of the annuities established by a
resolve passed March first, in the year one thousand eight
hundred and thirty-eight, and by another resolve passed
February twelfth, in the year one thousand eight hundred
and forty-six, as he shall deem expedient, and no more.
[Approved by the Governor, March 29, 1849.]
1849. Chap. 43—46. 211
Resolve lor the Relief of James Capen, Chan 4S
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to James Capen, of Stough- 850 annually,
ton, the sum of fifty dollars per annum, during his natural ^se^ces?'
life, for revolutionary services ; said sum to be paid, annu-
ally, on and after the fourth of April, in the year one thou-
sand eight hundred and forty-nine ; and that warrants be
drawn accordingly. [Approved by the Governor, March
29, 1849.]
Resolve for the Relief of Mary Davis. Chap. 44.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Mary Davis, of New- #50 for revoiu-
bury, in the county of Essex, the sum of fifty dollars, in 0'f "msband'065
full for the revolutionary services of her husband, Robert
Davis, deceased ; and that a warrant be drawn accordingly.
[Approved by the Governor, March 29, 1849.]
Resolve in favor of the Town of Lancaster. Chap. 45.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the #io, for error
town of Lancaster, the sum of ten dollars, in full for c^unt!1** a°~
amount deducted from their pauper account, by mistake ;
and that a warrant be drawn therefor accordingly. [Ap-
proved by the Governor, April 4, 1849.]
Resolve on the Petition of John Peirce. Chat) 46
Resohed, for reasons set forth in the said petition, that Authorized to
John Peirce, of North Chelsea, in the county of Suffolk, file affidavit in
administrator of the estate of James S. Tewksbury, late of whh copyof6'
said Chelsea, deceased, be hereby authorized to make and notice,
file, in the probate office for said county, within six months
after the passage of this resolve, an affidavit, such as is
prescribed in the case of administrators and executors, by
the sixteenth section of the seventy-first chapter of the
Revised Statutes, together with a copy of the notice of the
time and place of sale of certain real estate, situate in said
Chelsea, belonging to the estate of said deceased ; said sale
having been made by said administrator under a license
granted by the court of probate, holden at Boston, on the
eighteenth day of April, in the year one thousand eight
hundred and forty-two : provided, that the said John Peirce Proviso.
shall first give such notice as the judge of probate for said
county shall order, of his intention to file such affidavit
and copy of notice ; and provided, that, in the judgment of Proviso.
said judge of probate, no sufficient cause be shown why
the same may not be filed, and such affidavit and copy of
212
1849.
-Chap. 46—47.
Chap. 47.
Authorized to
sell real estate
in Lynn.
Description.
Proviso, as to
bonds.
notice, thus filed, shall be as effectual for all purposes as if
the same had been filed within the time required by law.
[Approved by the Governor, April 4, 1849.]
Resolve on the Petition of Charles C. Sheafe, Trustee.
Resolved, That, for reasons set forth in said petition,
Charles C. Sheafe, of Boston, in the county of Suffolk,
trustee, under the last will and testament of Elizabeth
Doane, late of Lynn, m the county of Essex, deceased, be
and he hereby is authorized to sell and convey, in such
manner, on such terms, and for such sums as he shall
deem expedient, at public auction or private sale, the whole
or any part of a certain lot of land, situate in said Lynn,
and bounded and described as follows, to wit : Northeast-
erly on Nahant Street, so called, and there measuring seven
rods ; southeasterly by a new street called Sagamore Street,
running from said Nahant Street to Newhall Street, so
called, and there measuring six rods ; southwesterly by
land of, or formerly of, Jonathan Haskell, seven rods, and
northwesterly by land now or late of Francis Newhall, six
rods, or however otherwise bounded, with the dwelling-
house and buildings thereon, and all the privileges and ap-
purtenances thereto belonging ; said estate being the same
conveyed to said Elizabeth Doane, by one Robert Phillips,
by deed dated December tenth, in the year of our Lord
eighteen hundred and forty ; recorded in the registry of
deeds for Essex county book three hundred and twenty-
one, leaf two hundred and seventy-six ; and to make, exe-
cute, and acknowledge deeds thereof in fee simple, to the
purchaser or purchasers, discharged of all trusts, and with-
out any obligation on the part of said purchaser or pur-
chasers to see to the application of the purchase-money, and
the proceeds of the sale of said estate shall be held by the
said Sheafe, or his successor or successors in said trust,
upon the same trusts, and for the same intents and pur-
poses, as said estate itself would have been held, had it not
been sold and conveyed under the authority and in pursu-
ance of this resolve ; provided, however, that, previously to
any sale, the said Sheafe shall give bonds, to the satisfac-
tion of the judge of probate for the county of Essex, for his
acts and doings in the premises, and to account for and dis-
pose of the proceeds of the sale of said estate, according to
the provisions hereinbefore contained. [Approved by the
Governor, April 4, 1849.]
1849. Chap. 48—50. 213
Resolves for the Appointment of Commissioners to report a Reform in Qhap. 48.
Judicial Proceedings. •*
Resolved, That the governor, with the advice and con- Three commis-
sent of the council, be authorized to appoint three persons, u,°ncxt Le^a-
who shall constitute a board of commissioners, whose duty lure on judicial
r i j ■ -l proceedings,
it shall be to revise and reform the proceedings in the criminal ex-
courts of justice in this Commonwealth, except in criminal cePted-
cases, and report the same to the Legislature, subject to its
adoption or modification.
Resolved, That the duties of the commissioners shall Duties,
embrace the consideration and revision of the mode of
bringing parties before the court, all their respective allega-
tions, the trial of questions of fact and of law, the sum-
moning of witnesses, the question, who may be witnesses,
and who may be compelled to give testimony, the manner
of their examination, and the competency of evidence, the
judgment to be rendered, its execution, appeals, arbitra-
tions, prorogation, and remedial writs, and all processes
against absent and insolvent debtors. [Approved by the
Governor, April 4, 1849.]
Resolve on the Petition of John Hector and others, Descendants of the QhciV 49#
Hassanamesset Tribe of Indians. ■*
Resolved, for the reasons set forth in the petition, that #50 annually
there be allowed and paid, out of the treasury of the Com- the Indf™ tnbe.
monwealth, to the judge of probate for the county of Wor-
cester, the sum of fifty dollars annually, for the term of ten
years, commencing on the first day of May next, in trust,
to be by said judge distributed among the descendants of
the Hassanamesset tribe of Indians, according to their
wants and necessities, and said judge of probate shall keep
an accurate account of such disbursements, and submit the
same to the examination of the governor and council,
annually, and that warrants be drawn accordingly. [Ap-
proved by the Governor, April 4, 1849.]
Resolve on the Petition of the Overseers of the Poor of the Town of North- Qhap. 50.
ampton.
Resolved, for the reasons set forth in said petition, that #131 so for
there be paid, out of the treasury of the Commonwealth, to State PauPers-
the treasurer of the town of Northampton, the sum of one
hundred and thirty-one dollars, and fifty cents, in full for
expenses incurred by said town during the year one thou-
sand eight hundred and forty-eight, in the care of State
paupers while sick with ship fever ; and that a warrant be
drawn accordingly. [Approved by the Governor, April 4,
1849.]
214 1849. Chap. 51—54.
Chap. 51. RES0LVE on the Petition of the Overseers of the Poor of the Town of Wor-
"' thington.
#75 for State Resolved, for reasons set forth in the petition, there be
pauper. allowed and paid, out of the treasury of the Commonwealth,
to the treasurer of the town of Worthington, the sum of
seventy-five dollars, in full for expenses incurred by said
town, during the year eighteen hundred and forty-eight,
in the care of State paupers, while sick with ship fever ;
and that a warrant be drawn accordingly. [Approved by
the Governor, April 4, 1849.]
Chap. 52. Resolve concerning the Annual Report of the Board of Education.
Clerk of Senate Resolved, That the clerk of the Senate, for the time be-
reporttob m&> ^e authorized and directed to cause to be printed
printed. annually, before the meeting of the Legislature, or as soon
thereafter as may be, eight thousand copies of the Annual
Report of the Board of Education, instead of the number
authorized by the resolves of the year one thousand eight
hundred and forty-seven, chapter seventy-one ; that three
thousand copies of said report be distributed annually for
the use of the members of the Legislature. [Approved by
the Governor, April 4, 1849.]
Chap. 53. Resolve on the Petition of the Town of Chilmark.
#25 55 on State Resolved, for the reasons set forth in the petition, that
pauper account, there be paid, out of the treasury of the Commonwealth, to
the treasurer of the town of Chilmark, the sum of twenty-
five dollars and fifty-five cents, it being the amount re-
tained from the portion of the school fund, of the year
eighteen hundred and forty-seven, belonging to said town,
because of a supposed overcharge for the support of a State
pauper during the year eighteen hundred and forty-five,
and that a warrant be drawn therefor accordingly. [Ap-
proved by the Governor, April 4, 1849.]
Chftn 54 Resolve on the Petition of Henry Codman and William Ropes.
Resolved, for reasons set forth in said petition, that said
Authorized to Henry Codman and William Ropes, be, and they are, here-
seii real estate by authorized to sell, at public or private sale, all such
parts or portions of the real estates hereinafter described,
as Elizabeth Codman, late of said Boston, gentlewoman,
deceased, was interested in, or over which she had a power
Description. of appointment at the time of her decease, to wit : — A cer-
tain parcel of real estate on and near Ann Street, in said Bos-
ton, together with the additional land and buildings added
thereto by Catharine Codman, the mother of said Eliza-
beth ; also the parcel of real estate in Hanover Street, in
1849. Chap. 54—55. 215
said Boston, formerly known as the Earl Coffee House, for
the identification and boundaries of which estates reference
is to be had to an indenture made between Henry Codman
and said Elizabeth Codman, bearing date the twenty-first
day of May, in the year one thousand eight hundred and
twenty-four, and recorded with Suffolk deeds, lib. 296,
folio 1, and to the records in said indenture referred to.
Also, a parcel of real estate on Sudbury Street in said
Boston, numbered seven, on said street, being the same
estate which was devised by Abigail Codman to George,
Francis, Catharine, Margaret, and Mary Ann, the children
of her brother, John Codman, deceased, by her will dated
the fifth day of July, in the year one thousand eight hun-
dred and twenty, and duly proved, approved, and allowed,
in the probate court, for the county of Suffolk, on the
thirtieth day of July, in the year one thousand eight hun-
dred and thirty-two. Also, another parcel of real estate,
situate in Hanover Street, in said Boston, being the same
which is described in a deed from Charles R. Codman to
Francis Codman and others, dated the sixth day of June,
in the year one thousand eight hundred and forty-five, and
recorded with Suffolk deeds, lib. 546, folio, 109, and to
make and execute good and sufficient deeds thereof in fee
simple, discharged of all trusts, and without any obligation,
on the part of the purchaser or purchasers, to see to the
application of the purchase-money, and that the proceeds
shall be held, invested, and disposed of, to the same uses, and
upon the same limitations and trusts, upon which said por-
tions of said real estates are now, or would hereafter have
been, holden : provided, that the petitioners, before such Proviso as to
sale, shall give bonds to the judge of probate, for the
county of Suffolk, with such sureties, and in such sum, as
he shall approve, conditioned that the said proceeds shall
be so held, invested, and disposed of. [Approved by the
Governor, April 5, 1849.]
Resolve on the Petition of the Overseers of the Poor of the Town of Bel Chap. 55.
chert own.
Resolved, for the reasons set forth in the petition, that g,23 55 ,or
there be paid, out of the treasury of the Commonwealth, paupers.
to the treasurer of the town of Belchertown, the sum of
twenty-five dollars and fifty-five cents, it being the balance
of the pauper account of said town for the year eighteen
hundred and fcrty-seven, not heretofore allowed, and that a
warrant be drawn therefor accordingly. [Approved by the
Governor, April 5, 1849.]
bonds.
216
1849.-
>Chap. 56—57.
Chap. 56.
Authorized to
sell real estate
in Roxbury.
Description.
Proviso, as to
bonds.
Resolve on the Petition of Samuel W. Swett, Trustee.
Resolved, for the reasons set forth in said petition, that
Samuel W. Swett, trustee under the will of Lucy Cabot,
late of Roxbury, in the county of Norfolk, deceased, of
certain property which is therein devised, in trust for
George D. Cabot and his wife Harriett, for their lives, and,
upon their death, is given to the children of said George,
in the manner therein mentioned, be authorized to sell and
convey, in fee simple, by public or private sale, whenever
he shall judge best, any or all of the real estate, held by
him as part of said trust property, which real estate is situ-
ate in Spring Street, in said Roxbury, and consists of one
moiety of a parcel of land of about three acres, with a
dwelling-house and other buildings thereon, bounded by
the county road to Dedham, by Cottage Street, by land
late of Cyrus Dyer, and by land partly late of said Dyer,
and partly now or late of Lemuel Billings ; and also of
one moiety of a parcel of land of about four acres, bounded
easterly on land now or late of Luke Baker, in part, and
partly on the old road from Boston to Dedham ; northerly
on the road leading to Needham and Dedham ; southerly
and westerly on the Eliot School land ; and to make and
execute good and sufficient deeds thereof, in fee simple,
discharged of all trusts, and without any obligation, on the
part of the purchaser or purchasers, to see to the application
of the purchase-money, and that the proceeds shall be held
and invested, and disposed of, to the same uses, and upon
the same limitations and trusts, upon which said portions of
said real estate are now, or would hereafter have been,
holden : provided, that the said trustee, before making such
sale, shall give bonds to the judge of probate, for the
county of Norfolk, with such sureties and in such sum as
he shall approve, conditioned that the said proceeds shall
be so held, invested, and disposed of. [Approved by the
Governor, ApiHl 5, 1849.]
Chap. 57.
Secretary and
the clerks of the
two branches to
make contract
for printing.
Contract to be
dated July 1st.
Resolves concerning the Printing for the Commonwealth.
Resolved, That the secretary of the Commonwealth, and
the clerks of the senate and the house of representatives,
be directed to contract with some person or persons for the
performance of the printing for the various departments of
the government of this Commonwealth, on such terms as
they shall deem most beneficial to the interests of the
Commonwealth, such contract to continue in force until
otherwise ordered.
Resolved, That the said contract shall be dated on the
first day of July in the current year, and shall be in such
1849. Chap. 57—60. 217
form, and contain such agreements as they shall deem best.
[Approved by the Governor, April 9, 1849.]
Resolve on the Petition of Joseph Palmer and others. Chap, 58.
Resolved, for reasons set forth in the petition, that the
Blossom Farm, so called, situated in Lenox, in the county Real estate in
of Berkshire, containing about ninety-six acres, more or so^ox t0 be
less, and described in the last will and testament of Joseph
Palmer, late of said Lenox, deceased, duly proved and
allowed in said county, may be sold and conveyed, in fee
simple, at public or private sale, by some disinterested per-
son, to be appointed trustee by the judge of probate for
said county ; and the proceeds of such sale shall be in- Proceeds to be
vested, by said trustee, in good and sufficient mortgages in petuionerUSt f°r
trust on real estate, and the interest thereof appropriated
for the benefit of the petitioner, Joseph Palmer, during
his life ; and, after his decease, the proceeds so invested
shall be paid over to his heirs according to the provisions
of said will : provided, that said trustee shall first give Trustee to give
satisfactory bonds to said judge of probate, faithfully to
execute the powers granted by this resolve. [Approved by
the Governor, April 9, ]849.]
Resolve for the Preservation of Human Life. Chttt) 59
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the president and trus- 52,500 to Mas-
tees of the Massachusetts Humane Society, the sum of ^neSUSie^U"
two thousand five hundred dollars, for the purpose of pro- to procure three
curing three life-boats, to be stationed on exposed portions llfe-boats> &c-
of the coast, as follows, viz., one on the southern part of
Plumb Island, one at Wellfleet, and one at Provincetown,
near Race Point, or such other location as the trustees may
decide upon ; also, for providing for the crews of all the
life-boats stationed on the coast, suitable life-preservers,
and that a warrant be drawn therefor ; and that the said
society be requested to report to the governor and council
their expenditure of the funds appropriated by this resolve.
[Approved by the Governor, April 13, 1849.]
Resolve for the Payment of Sundry Accounts. VhflY) fJO
Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to the several corporations 514,54s 24 to
and persons named in the accompanying rolls, the sums corporations
set against their several names, respectively, amounting to M per
the sum of fourteen thousand five hundred and forty-eight
dollars and twenty-four cents, the same being in full dis-
charge of the accounts to which they refer, and that a
28
218 1849. Chap. 60—63.
warrant be drawn accordingly. [ Approved by the Governor,
April 13, 1849.]
Ch(W 6 1 RES0LVE on ^e Petition of Samuel L. Hinckley, Sheriff of Hampshire County.
Resolved, for the reasons set forth in his petition, that
$4& 39 balance there be paid, out of the treasury of the Commonwealth,
of account in to Samuel L. Hinckley, sheriff of Hampshire County, the
sum of forty-two dollars and thirty-nine cents, in full for
the balance of the account of the said Hinckley, for the
year eighteen hundred and forty-six, not heretofore allowed,
and that a warrant be drawn accordingly. {Approved by
the Governor, April 13, 1849.]
ChdT) 62 Resolve on the Petition of the Overseers of the Poor of the Town of Acton.
Resolved, for the reasons set forth in the petition, that
$53 for State there be paid, out of the treasury of the Commonwealth,
pauper. t0 ^q treasurer of the town of Acton, the sum of fifty-
three dollars, in full for expenses incurred by said town
during the year ending November first, eighteen hundred
and forty-eight, in the support of a State pauper while
sick with the ship fever, and that a warrant be drawn ac-
cordingly. [Approved by the Governor, April 13, 1849.]
CI C*\ Resolve on the Petition of Abiel S. Lewis and Elsey E. Lewis, his Wife.
Resolved, for reasons set forth in the said petition, that
A revocation tne revocation, made by the said Elsey E. Lewis, of the
of a conveyance conveyance of her estate to trustees for her use, which
LewisSeJn trust revocation bears date June the twenty-sixth, in the year
declared valid. one thousand eight hundred and forty-six, shall be deemed
and taken to be good and valid in law, in the same manner
Authorized to as if made by her while sole and unmarried ; and the said
hold certain Elsey E. Lewis is hereby authorized to hold all the lands
weremirnarried! and real estate which descended to her from her late father,
Charles Davis, and which have been assigned to her in
the several partitions of his estate, and which have not
been heretofore conveyed by her to her own use, free from
the control or interference of her husband, and to sell and
pass deeds to convey the same, in the same manner as if
the same had been conveyed, or devised to her in confor-
mity with the provisions of an act, passed in the year one
thousand eight hundred and forty-five, chapter two hun-
dred and eight ; and further, that the said Elsey E. be
authorized to make and execute all such deeds as may be
necessary or expedient, to confirm the several conveyances
heretofore made by her, so that the parties holding there-
under, shall have and enjoy the same estates, which, by
the terms of their several deeds, it was intended they should
1849. Chap. 63—67. 219
take and enjoy, notwithstanding the marriage settlement
heretofore made by the said Elsey E. and the revocation
thereof by her. [Approved by the Governor, April 13,
1849.]
Resolve on the Petition of the Overseers of the Poor of the Town of Nan- Qhat) QA
tucket. '■*■ '
Resolved, for the reasons set forth in the petition, that
there be paid, out of the treasury of the Commonwealth, accost pauper
to the treasurer of the town of Nantucket, the sum of
fifty-two dollars, in full for expenses incurred by said town
in the support of a State lunatic pauper, during the year
ending November first, eighteen hundred and forty-eight,
and not included in the pauper account of said town for
that year, and that a warrant be drawn accordingly. [Ap-
proved by the Governor, April 13, 1849.]
Resolves for Lighting the State House with Gas. Chop. 65.
Resolved, That the sergeant-at-arms, under the direction
of a committee of two members of the house of representa- $ioooappro-
tives, cause the central avenue, leading from Beacon Street p"ae
to the State House, the doric hall, the passageway leading
to the representatives' hall, and the representatives' hall,
to be lighted with gas.
Resolved, That the sum of one thousand dollars be, and
the same is, hereby appropriated for the purpose of carry-
ing into effect the foregoing resolve ; which sum, or such
parts thereof as may be necessary, shall be expended in
accordance with the provisions of an act, entitled "An Act
relating to the State House," passed the eighteenth day of
March, in the year one thousand eight hundred and forty-
one. [Approved by the Governor, April 19, 1849.]
Resolve concerning the State Prison. ChciT). QQ.
Resolved, That his excellency the governor be, and he
is, hereby authorized, with the advice and consent of the Governor and
council, to make such alterations in the interior of the fou"cil author-
old prison building belonging to the State Prison, as he terations in a
may deem necessary to provide a suitable laundry for the s^tt Prison*6
use of said prison ; the expense of said alteration to be paid
out of the revenue of the prison. [Approved by the Gov-
ernor, April 19, 1849.]
Resolve on the Petition of the Overseers of the Poor of the Town of Andover. Chan 67
Resolved, for the reasons set forth in the petition, that
there be paid, out of the treasury of the Commonwealth, to #2Q0 for state
the treasurer of the town of Andover, the sum of two hun- P*"!**8-
220
1849.-
-Chap. 67—70.
Chap. 68.
#58 50 for lu-
natic State pau-
per.
Chap. 69.
Pay of senate
and house of
representatives.
Council.
President and
speaker.
Chap. 70.
One copy for
each town.
dred dollars, in full for expenses incurred by said town,
during the year eighteen hundred and forty-eight, in the
care of Sate paupers, while sick with the ship fever ; and
that a warrant be drawn accordingly. [Approved by the
Governor, April 19, 1849.]
Resolve on the Petition of the Selectmen of Sturbiidge.
Resolved, for the reasons set forth in the petition, that
there be paid, out of the treasury of the Commonwealth,
to the treasurer of the town of Sturbridge, the sum of fifty-
eight dollars and fifty cents, in full for expenses incurred
by said town in the support of a lunatic State pauper, from
April twenty-first to October twenty-first, eighteen hun-
dred and forty-eight ; and that a warrant be drawn accord-
ingly. [Approved by the Governor, April 20, 1849.]
Resolve for the Pay of the Council, Senate, and House of Representatives.
Resolved, That there be paid, out of the treasury of the
Commonwealth, to each member of the senate and house
of representatives, two dollars for each and every day's at-
tendance during the present political year, and the sum of
two dollars for every ten miles' travel from their respective
places of abode, once in each session, to the place of the
sitting of the General Court ; and also, to each member of
the council, two dollars per day for each day's attendance
at that board, at every session thereof during the present
political year, and the sum of two dollars for evey ten miles'
travel from their respective places of abode, once in each
session thereof; and, to the president of the senate, and the
speaker of the house of representatives, each the sum of
two dollars per day for each and every day's attendance,
in addition to their pay as members ; and that warrants
be drawn accordingly, on the orders of the respective
branches. [Approved by the Governor, April 20, 1849.]
Resolve concerning Barnard's School Architecture.
Resolved, That the secretary of the Commonwealth be
directed to furnish, to the clerk of each town in the State,
one copy of a work entitled " School Architecture for the
Improvement of School-houses," by Henry Barnard, com-
missioner of public schools in the state of Rhode Island :
provided, that the expense thereof do not exceed one dollar
for each copy so delivered; the said amount to be de-
ducted from the proceeds of public lands, or the school
fund, according to the provisions of the act of the year one
thousand eight hundred and forty-six, chapter two hundred
and nineteen, entitled "An Act to designate the fund for
1849. Chap. 70—74. 221
payment of the salary of the land agent, and of appropria-
tions for educational purposes ;" and that warrants be
drawn accordingly. [ Approved by the Governor, April 20,
1849.]
Resolve to pay the Door-Keepers, Messengers, and Pages of the Senate and Chap. 71.
House of Representatives. ■*
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the door-keepers and P per day.
messengers of the senate and house of representatives, the
sum of two dollars, each, per day, and to the pages of the Pages, %i 50
senate and house of representatives, each, the sum of one pcr day'
dollar and fifty cents per day, for each and every day's at-
tendance during the present session of the Legislature ; and
that warrants be drawn accordingly. [Approved by the
Governor, April 20, 1849.]
Resolve to pay the Assistant Messenger to the Governor and Council. Chap. 72.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the assistant messenger Two dollars per
to the governor and council, the sum of two dollars for day'
each and every day he has been, or may be, employed in that
capacity, during the sessions of the council, the present po-
litical year ; and that warrants be drawn accordingly.
[Approved by the Governor, April 20, 1849.]
Resolve on the Petition of the Selectmen of the Town of Blackstone. Chap. 73.
Resolved, for the reasons set forth in the petition, that
there be paid, out of the treasury of the Commonwealth, $203 ^ for
to the treasurer of the town of Blackstone, the sum of two ' e pauper
hundred and five dollars and twenty-five cents, in full for
expenses incurred by said town, in the care of State pau-
pers, while sick with ship fever, during the year ending
November first, eighteen hundred and forty-eight ; and
that a warrant be drawn accordingly. [Approved by the
Governor, April 20, 1849.]
Resolve for the settlement of the Accounts of the Commissioners on Idiocy. Chap. 74.
Resolved, That there be paid, to the chairman of the
commissioners on idiocy, the sum of six hundred and fifty #650 allowed,
dollars, in full for all moneys paid by said commissioners in
the execution of their commission, and that a warrant be
drawn accordingly. [Approved by the Governor, April 20,
1849.]
222
1849.-
-Chap. 75—78.
Chap. 75.
#150 annually,
for five years.
Chap. 76.
Authorized to
sell real estate
in South Boston
Proviso, as to
bonds.
Chap. 77.
#5000, condi-
tionally.
Chap. 78.
To audit ac-
counts of sui -
geant-at-arms
Resolve on the Petition of the Massachusetts Teachers Association.
Resolved, That there be paid, annually, in the month of
August, for the term of five successive years, to the presi-
dent or treasurer of the Massachusetts Teachers Association,
the sum of one hundred and fifty dollars, to be applied
to the purposes of said association ; the said amount to
be deducted from the proceeds of public lands, or the
school fund, according to the provisions of the act of the
year one thousand eight hundred and forty-six, chapter two
hundred and nineteen, entitled " An Act to designate the
fund for the payment of the salary of the land agent, and of
appropriations for educational purposes," and that warrants
be drawn accordingly. [Approved by the Governor, April
20, 1849.]
Resolve on the Petition of John H. Pearson, Trustee.
Resolved, That John H. Pearson, trustee, be authorized
to sell, at public or private sale, a certain piece of land, sit-
uated in that part of Boston called South Boston, in the
county of Suffolk, and described in a deed thereof to said
Pearson from Theophilus Stover, dated the thirteenth day
of June, in the year one thousand eight hundred and forty-
three, and recorded in the registry of deeds for the county
of Suffolk, book five hundred and three, page fifty-four,
and to hold the proceeds thereof, subject to the same trusts
upon which said land is now holden, first giving satisfac-
tory bonds, to the judge of probate for said county, for the
faithful execution of the powers hereby granted. [Ap-
proved by the Governor, April 21, 1849.]
Resolve concerning the Employment of Adult Blind Poor.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the Per-
kins Institution and Massachusetts Asylum for the Blind,
the sum of five thousand dollars : provided, said institution
add thereto a like sum of five thousand dollars from its" own
funds, for the purpose of erecting, on the land of said insti-
tution, a suitable, workshop for the employment of adult
blind poor persons, and any such further sums as may be
necessary to complete the said building, and that a warrant
be drawn accordingly. [Approved by the Governor, April
21, 1849.]
Resolve relating to the Duties of the Auditor of Accounts.
Resolved, That the auditor of accounts be directed to
audit the accounts of the sergeant-at-arms, for incidental
expenses which have occurred since the close of the last
1849. Chap. 78—82. 223
annual session of the General Court, and to report the since the close
" the se
1848.
excess, if any, over and above the appropriation, to the °[ tl"
governor, and that a warrant be drawn therefor accord-
ingly. [Approved by the Governor, April 24, 1849.]
Resolve for the Purchase of Railroad Maps. Chan 7Q
Resolved, That the clerk of the senate purchase, for the .
use of the General Court, one thousand copies of Gold- c°p«es.
thwait's Map of the Railroads in New England, and that a
warrant be drawn therefor accordingly. [Approved by the
Governor, April 24, 1849.]
Resolve in Remuneration of Horace Mann. Chan 80
Resolved, That there be allowed and paid, out of the „„„„„ .
' , r. . , ,T r,T ' _. #2000 formon-
treasury of the Commonwealth, to Horace Mann, late bee- eys advanced,
retary of the Board of Education, the sum of two thousand
dollars, in full for money advanced by him for the erection
of normal school houses, and for other purposes of a pub-
lic nature ; the said amount to be deducted from the pro-
ceeds of public lands or the school fund, according to the
provisions of the act of the year eighteen hundred and forty-
six, chapter two hundred and nineteen, entitled " An Act
to designate the fund for the payment of the salary of the
land agent, and of appropriations for educational purposes :"
and that a warrant be drawn therefor accordingly. [Ap-
proved by the Governor, April 24, 1849.]
Resolve for ihe Pay of the Clerks of the Legislature. Chan SI
Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to the clerk of the senate
and the clerk of the house of representatives, each, the
sum of ten dollars per day, and to the assistant clerk of the #10 per day.
senate and the assistant clerk of the house of representa-
tives, each, the sum of six dollars per day, for each and #6 per day.
every day 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
the clerk of the house of representatives, the sum of one $1.50 for copy
hundred and fifty dollars, each, for copying the journals for of Joumals-
the library, as required by the orders of the two houses,
and that warrants be drawn accordingly. [Approved by the
Governor, April 24, 1849.]
Resolve for the Pay of the Chaplains of the Legislature. Ch(t1). 82.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the chaplain of the sen-
224
1849.-
-Chap. 82—84.
#100.
Chap. 83.
Authorized to
remove the
dead to the
burying ground
in Dartmouth,
from a tract of
land in Dart-
mouth, as
described.
ate, and to the chaplain of the house of representatives,
one hundred dollars each, for their services during the
present session, and that warrants be drawn accordingly.
[Approved by the Governor, April 24, 1849.]
Resolve in favor of Otis Snow.
Resolved, That Otis Snow, of Dartmouth, in the county of
Bristol, be, and he is hereby authorized to remove, at his own
expense, all the remains of the dead, in any graves, and all
the grave stones or other monuments for the dead, situate
on a certain tract of land in Dartmouth aforesaid, described
as follows, to wit : northerly, by the road leading from
New Bedford through Smith's Mills village, in said Dart-
mouth, southerly by Allen Simmons, westerly by land of
Perry Gilford, and easterly by the road leading to Macom-
ber's corner, Apponagansett, so called, and is the same
estate which he purchased of Amos Cornell : provided, that
said Snow shall cause all such remains of the dead to be
decently re-buried in the public burying ground of said
Dartmouth, and all the grave stones or other monuments
for the dead, thereto belonging, to be properly replaced
therewith in said burying ground. [Approved by the Gov-
ernor, April 24, 1849.]
Chap. 84.
Worthington.
Chester.
Nantucket.
Williamstown.
Chicopee.
Brimfield.
Leicester.
Hinsdale.
Resolve for the Payment of the Pauper Accounts of the Towns therein
named.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the town of Worthing-
ton, the sum of ninety-eight dollars and twenty-five cents ;
to the town of Chester the sum of forty-six dollars and
eighty-one cents ; to the town of Nantucket the sum of
two hundred and fifty dollars and sixteen cents ; to the
town of Williamstown, the sum of seventy dollars and
seventy-two cents ; to the town of Chicopee, the sum of
ninety dollars and twenty-four cents ; to the town of
Brimfield, the sum of twenty-seven dollars and twenty-six
cents ; to the town of Leicester, the sum of one hundred
forty-eight dollars, and to the town of Hinsdale, the
sum of fifteen dollars and seventy-nine cents, in full of
their pauper accounts for the year one thousand eight
hundred and forty-eight, the same being in legal form,
and having been received in Boston, on or before the fif-
teenth day of November last, and that warrants be drawn
accordingly. [Approved by the Governor, April 25, 1849.]
1849. Chap. 85—89. 225
Kesolve authorizing the Treasurer of the Commonwealth to sell a Surveying GhdT) $5
Compass and Chain. "'
Resolved, That the treasurer of the Commonwealth be,
and he is hereby authorized and empowered to sell, to the
Hon. Solomon Davis, of Truro, for the sum of twelve dol- To sell for #12.
lars, a certain surveying compass and chain, belonging to the
Commonwealth, now in his possession. [Approved by the
Governor, April 25, 1849.]
Resolve in favor of the Town of Wareham. Chap. 86.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the overseers of the #11 48, for er-
poor, of the town of Wareham, the sum of eleven dollars accoum^isTs.
and forty-eight cents, in full for an error in the allowance
of their account for the support of State paupers, for the
year one thousand eight hundred and forty-eight ; and that
a warrant be drawn accordingly. [Approved by the Gov-
ernor, April 25, 1849.]
Resolve in favor of Lois Fairbanks. (shap. 87.
Resolved, That, for reasons set forth in the petition of
Lois Fairbanks, of Dedham, there be allowed and paid to #50 for revoiu-
her, out of the treasury of the Commonwealth, the sum of 0'f husband? °
fifty dollars, in full, and on account of the revolutionary
services of her late husband ; and that a warrant be drawn
accordingly. [Approved by the Governor, April 25, 1849.]
Resolve in favor of Rebecca Pratt. Chap. 88.
Resolved, That, for reasons set forth in her petition,
there be allowed and paid, out of the treasury of the Com- S50-
monwealth, to Rebecca Pratt, of Fitchburg, the sum of
fifty dollars, on account, and in full of her claims, under Resolves 1835,
the resolve of the year one thousand eight hundred and ch-45-
thirty-five, chapter forty-five ; and that a warrant be drawn
accordingly. [Approved by the Governor, April 25, 1849.]
Resolve concerning State Normal Schools. Chap. 89.
Resolved, That the sum of seven thousand dollars, an-
nually, for three years, be appropriated to the support of 57000 for three
State Normal Schools, under the direction of the Board of years'
Education ; the said amount to be deducted from the pro-
ceeds of public lands, or the school fund, according to the
provisions of the act of the year one thousand eight hun- 1846, ch. 219.
dred and forty-six, chapter two hundred and nineteen, en-
titled "An Act to designate the fund for the payment of
the salary of the land agent, and ofappropriations for edu-
cational purposes ;" and his excellency the governor, by
29
226 1849. Chap. 89—92.
and with the advice and consent of the council, is author-
ized to draw his warrant accordingly. [Approved by the
Governor, April 25, 1849.]
Chap. 90. Resolve concerning the Tenth Massachusetts Turnpike Corporation.
Resolved, That the district attorney of the Western dis-
District attor- trict, be, and he hereby is, directed and empowered to in-
dfitrict^autho™ stitute due process by scire facias, or otherwise, against the
izedtocom- Tenth Massachusetts Turnpike Corporation, requiring said
process against corporation to appear before the justices of our supreme ju-
rwh Massa- dicial court, at a proper term thereof, to show cause, if any
pike Corpora- said corporation have, why the charter of said corporation
tIon- should not be adjudged to be forfeit ; and that all due
proceedings and decrees in the premises before our said
court be had. [Approved by the Governor, April 25, 1849.]
Resolve in favor of the Committee on the subject of Insanity.
Lnap. 91. Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Orin Fowler, the sum of
£wed 31 al three hundred and fifty-six dollars and sixty-two cents ; to
Alexander Kendrick, the sum of three hundred and fifty-
three dollars and sixty-four cents ; to Levi Taylor, the sum
of two hundred and five dollars and fifty-one cents ; to
George S. Bout well, the sum of one hundred and ninety-
nine dollars and sixty-three cents ; to Henry L. Dawes, the
sum of one hundred and ninety-two dollars and twenty-five
cents ; to Charles E. Cook, the sum of one hundred and
sixty-nine dollars and thirty cents ; to Nathaniel Wood, the
sum of one hundred and sixty-seven dollars and thirty-six
cents ; amounting, in all, to the sum of one thousand six
hundred and forty-four dollars and thirty-one cents, in full
of all their accounts for services and expenses, as a com-
mittee on the subject of insanity, appointed under a re-
solve of the General Court, in the year one thousand eight
hundred and forty-eight ; and that warrants be drawn ac-
cordingly. [Approved by the Governor, April 27, 1849.]
Chap. 92. Resolve f°r the Payment of the Incidental Expenses of the State House, and
-* for other purposes.
Resolved, That the sum of one thousand seven hundred
51700. dollars be, and hereby is, appropriated, to enable the ser-
geant-at-arms to the General Court, to make such incident-
al repairs upon the State House, as may be required from
time to time, and also to purchase such articles of furniture
as may be necessary for the use of the governor and coun-
cil, and the general court, and the several offices in the
State House ; and that warrants be drawn accordingly.
[Approved by the Governor, April 28, 1849.]
1849. Chap. 93—96. 227
Resolve for the Payment of the Contingent Expenses of the General (Jhcip. 93.
Court, &c. ■* "
Resolved. That there be paid, out of the treasury of the
Commonwealth, to the sergeant-at-arms of the General #1000.
Court, the sum of one thousand dollars, to enable him
to pay certain contingent expenses for the governor and
council, and general court, and the various offices in the
State House, and not otherwise provided for ; and that a
warrant be drawn accordingly in his favor, he to account
for the same. [Approved by the Governor, April 28, 1849.]
Resolve relating to Railroads crossing each other. Ch(ip. 94.
Resolved, That a commissioner be appointed by his excel-
lency the governor, by and with the advice of the council, Commissioner
who shall examine into the state and condition of the sev- to rePort t0 l,he
. . . governor and
eral crossings of railroads by each other, m the vicinity of council.
Boston, with a view of dispensing with the same, and shall,
before the next session of the General Court, report to the
governor and council, the facts and circumstances con-
nected with said crossings, together with a plan, or plans,
for avoiding the same, and the manner of altering the
course, or grade of said railroads, in order to avoid said
crossings, and relieve the public from the danger to which
they are exposed thereby. [Approved by the Governor,
April 28, 1849.]
Resolve for the Purchase of Fuel and Oil, for the State House. Chap. 95.
Resolved, That the sum of one thousand three hundred
dollars be, and is, hereby appropriated to enable the ser- $1200.
geant-at-arms to the General Court to purchase such quan-
tities of fuel and oil, as may be necessary for the use of
the General Court, and the several offices in the State
House ; and that warrants be drawn accordingly. [Ap-
proved by the Governor, April 28, 1849.]
Resolve for Ventilating the State House. Chop. 96.
Resolved, That the sergeant-at-arms, under the direction
of a committee of three members of the house of represen-
tatives, cause the representatives' hall to be ventilated, ac-
cording to the plans proposed in the report, upon this sub-
ject, of the committee on public buildings, or in such
manner as they may deem expedient.
Resolved, That the sum of twelve hundred dollars be, #1200 for ven-
and the same is, hereby appropriated, for the purpose of resentatives,rep"
carrying into effect the foregoing resolve ; which sum. or hail,
such part thereof as may be necessary, shall be expended
in accordance with the provisions of an act, entitled "An
228 1849. Chap. 96—100.
Act relating to the State House," passed on the eighteenth
day of March, in the year one thousand eight hundred and
forty-one ; and that warrants be drawn accordingly. [Ap-
proved by the Governor, April 28, 1849.]
Chap. 97. Resolve in relation to the State Arsenal, at Cambridge.
Resolved, That the adjutant and quarter master general
Adjutant gen- be authorized to sell the two wooden sheds in the arsenal
erai authorized, grounc[s at Cambridge, and, with the proceeds thereof, and
of such unserviceable arms and equipments as may be sold
by order of the commander in chief, to construct a neat
fire-proof shed, suitable for the storing of the State property.
[Approved by the Governor, April 28, 1849.]
Chut) 98. Resolve relating to the Flats in the Harbor of Boston.
Resolved, That the commission, provided for in the re-
Commission solve passed on the tenth day of May, in the year one
continued. thousand eight hundred and forty-eight, to consider and
report what are the rights and the duties of the Common-
wealth, in relation to the flats in the harbor of Boston, and for
other purposes, as therein expressed, be, and the same is,
hereby continued in force, to enable the commissioners to
complete their labors, and report to the next General Court,
on the first week of its session. [Approved by the Gover-
nor, April 30, 1849.]
Chap. 99.
Resolve in Favor of the Committee on Public Charitable Institutions.
Resolved, That there be paid, out of the treasury of this
,97 allowed. Commonwealth, to Edward Parsons, chairman of the com-
mittee on public charitable institutions, the sum of sixty-
four dollars and ninety-seven cents, in full for expenses
incurred by said committee in visiting the several charita-
ble institutions in this Commonwealth, during the present
session of the General Court, and that a warrant be drawn
therefor, accordingly. [Approved by the Governor, April
30, 1849.]
Chap 100.
Resolve in Favor of the Town of Fall River.
Resolved, That there be allowed and paid, out of the
f942 90for treasury of the Commonwealth, to the town of Fall River,
tate paupers, ^e sum 0f njne hundred and forty-two dollars and ninety
cents, in full for an error in the allowance of their account
for the support of State paupers, for the year ending No-
vember first, one thousand eight hundred and forty-eight,
and that a warrant be drawn accordingly. [Approved by
the Governor, May 1, 1849.]
1849. Chap. 101—104. 229
Resolves relating to the State Lunatic Hospital. CkctV 101.
Resolved, That the Trustees of the State Lunatic Hospital
be and they are hereby authorized to purchase the land referred For purchase of
to in their last annual report, contiguous to that belonging land» Sao°0-
to the hospital, and known as " Chandler Hill," and that the
payment for the same be made from the surplus funds now
remaining in the hands of their treasurer, provided the cost
of the same shall not exceed the sum of three thousand
dollars.
Resolved, That the sum of five thousand dollars, in addi- For apartments
tion to the unexpended balance of the appropriation of the fnsane,fj?5000.y
\ oar one thousand eight hundred and forty-seven, is hereby
appropriated for the purpose of providing new apartments
at the State Lunatic Hospital for the furiously insane pa-
tients ; and that a warrant be drawn accordingly for the
whole or any part of said sum, whenever required by the
trustees for that purpose. [Approved by the Governor,
May 1, 1849.]
Resolve in Favor of the Joint Standing Committee on Prisons. Chap 102.
Resolved, That there be paid, out of the treasury of the
Commonwealth, to Hosea Ilsley, chairman of the commit- gis 48 allowed.
tee on prisons, the sum of eighteen dollars and forty-eight
cents, in full for expenses incurred by said committee in
visiting the several prisons in this Commonwealth, during
the present session of the General Court, and that a war-
rant be drawn therefor accordingly. [Approved by the
Governor, May 1, 1849.]
, % , __ ,
Resolve on the Petition of Joshua Owen. CIlClD 103.
Resolved, for the reasons set forth in said petition, that
there be paid, out of the treasury of the Commonwealth, $75 allowed.
to Joshua Owen, the sum of seventy-five dollars a year,
for two years, in semi-annual payments, the first payment
to be made on the first day of May, in the year one thou-
sand eight hundred and forty-nine, and that warrants be
drawn accordingly. [Approved by the Governor, May 1,
1849.]
Resolve in addition to a Resolve entitled a " Resolve on the Petition of Jo- (Jh(lp 104.
seph Kinsman."
Resolved, That so much of the resolve, passed on the " >c ■
twenty-third day of March, in the year one thousand eight en\™gC a^br-
hundred and forty-nine, to which this resolve is in addi- mer resolve.
tion, as provides that the sum therein granted shall be
paid from the proceeds of any lands sold, or which may
hereafter be sold, be, and the same is, hereby annulled ;
230
1849.
■Chap. 104—106.
and the said sum shall be allowed and paid, out of the
treasury of the Commonwealth, from any funds not other-
wise appropriated, and that a warrant be drawn accord-
ingly. [Approved by the Governor, May 1, 1849.]
Chap 105.
Authorized to
sell real estate
in Southboro'
held in trust.
Boundaries.
Proviso, as to
giving bond,
and to pay over,
Kesolve on the Petition of Joseph Park and others.
Resolved, for reasons set forth in said petition, that Jo-
seph Park, of Westborough, in the county of Worcester,
trustee, under the last will and testament of Anna Johnson,
late of Southborough, in said county, deceased, be, and he is
hereby authorized and empowered to sell, at public auction
or private sale, at his discretion, all the real estate devised
by the said Anna, in and by her said will, to the said Joseph
Park, in trust for the use of her son, J. N. Pillsbury Johnson,
Rebecca Ann Johnson, his wife, and their children ; the
same being an undivided moiety of a lot or parcel of land
and the buildings thereon, situate near the centre of South-
borough aforesaid, and bounded east by the main road lead-
ing from Westborough through Southborough to Fram-
ingham, south by land of Josiah Johnson, and west and
north by land of Sally Winchester, or however otherwise
the same may now be bounded, it being eight rods long
and three and a half rods wide, and containing twenty-
eight superficial rods ; and to make and execute good and
sufficient deeds thereof, with all the privileges and appur-
tenances thereto belonging, to the purchaser or purchasers
thereof: provided, however, that, previously to any such
sale of the premises, the said Joseph Park shall give a sat-
isfactory bond, with sufficient sureties, to the judge of
probate for the county aforesaid, binding himself to invest
the proceeds of such sale in safe securities, and to pay over,
from time to time, the interest or income, and, ultimately,
the principal thereof, to the several cestuis que trust accord-
ing to the directions of the testatrix, contained in her last
will and testament aforesaid. [Approved by the Governor,
May 1, 1849.]
Chap 106.
$30 for ship
fever paupers.
Resolve on the Petition of the Overseers of the Poor of the Town of Brain-
tree.
Resolved, for the reasons set forth in the petition, that
there be paid, out of the treasury of the Commonwealth,
to the treasurer of the town of Braintree, the sum of eighty
dollars, in full for expenses incurred by said town in the
support of State paupers, while sick with ship fever, be-
tween the first day of April and the first day of Novem-
ber, in the year one thousand eight hundred and forty-
eight, and that a warrant be drawn accordingly. [Approved
by the Governor. May 1. 1849. J
1849. Chap. 107—109. 231
.Resolves to provide for the Reception of the President of the United States, nhnv) 107
Whereas, it has been announced^ upon responsible author-
ity, that the president of the United States proposes to
visit a sister state during the current year, and whereas
it has been the ancient usage and the uniform desire of
this Commonwealth, to encourage and receive the visits
of distinguished public men, and especially of the chief
magistrates of the Union, with respect and hospitality,
therefore,
Resolved, by the Senate and House of Representatives,
of the Commonwealth of Massachusetts, in General Court
assembled, That his excellency the governor be, and he
hereby is, authorized and requested to invite the president
of the United States to extend his visit to this Common-
wealth, and to tender to him the hospitalities and the re-
spectful congratulations of the State.
Resolved, That a committee, consisting of the president
and five members of the senate, and the speaker and six
members of the house of representatives, be appointed,
who are hereby authorized to make all suitable arrange-
ments, in the name and behalf of the State, for the proper
reception of the president of the United States, if his visit
shall occur before the next session of the General Court.
Resolved, That his excellency the governor, by and with
the advice of the council, be, and he hereby is, authorized
to draw his warrant on the treasury for such sum as may
be necessary for the purpose aforesaid.
Resolved, That his excellency the governor be requested
to communicate to the president of the United States a
copy of the foregoing resolves. [Approved by the Gov-
ernor, May 1, 1849.]
Resolve concerning the Quarter Master General's Department. Chap 108.
Resolved, That the sum of twenty-three hundred dollars
be, and the same is, hereby appropriated to defray the ex- #2,300 allowed.
penses of the quarter master general's department for the
current year, and that warrants be drawn therefor accord-
ingly. [Approved by the Governor, May 1, 1849.]
Resolve in favor of the Towns of Grafton and Petersham. Chap 109.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the town of Grafton, #35 37.
thirty-five dollars and eighty-seven cents, and to the town
of Petersham eleven dollars and twenty-three cents, in full #11 23.
of the several pauper accounts of the said towns, for the Pauper ac-
year one thousand eight hundred and forty-eight, and that counts<
232
1849.
-Chap. 109—112.
Chap 110.
Three commis-
sioners to make
survey.
1 appro-
priated.
warrants be drawn accordingly. [Approved by the Governor,
May 1, 1849.]
Resolve relating to a Sanitary Survey of the Slate.
Resolved, That his excellency the governor, by and with
the advice and consent of the council, be, and he is, hereby
authorized to appoint three persons to be commissioners, to
prepare and report, to the next General Court, a plan for a
sanitary survey of the State, embracing a statement of
such facts and. suggestions as they may think proper, to
illustrate the subject. The commissioners shall be paid,
for the time actually spent in the discharge of their duty,
and for their necessary travel, the same compensation that
is paid to the members of the General Court ; and also for
blanks and circulars used, and for postage and other neces-
sary expenses paid, in said commission, and a sum, not ex-
ceeding fifty dollars, to purchase books on the subject :
provided, however, that said books shall be considered the
property of the Commonwealth, and shall be deposited in
the State library, when the commission shall be dissolved :
provided the whole expense of said commission shall not
exceed five hundred dollars, and that warrants be drawn
accordingly. [Approved by the Governor, May 2, 1849.]
Chap 111.
Commissioner
to report to
next general
Court.
$50 appro-
priated.
Chap 112.
Office in State
House.
Resolve in relation to the District of Boston Corner.
Resolved, That the governor, with the advice and con-
sent of the council, be, and he is, hereby authorized to
appoint a commissioner to inquire into the situation and
grievances of the inhabitants of the district of Boston
Corner, and to recommend to the next General Court such
legislation as may be thought necessary and expedient, for
the relief of the burdens under which they suffer : pro-
vided, that the expense of this commission shall not exceed
the sum of fifty dollars, and the governor is hereby author-
ized to draw his warrant therefor. [Approved by the Gov-
ernor, May 2, 1849.]
Resolve for providing an Office for the Land Agent.
Resolved, That the rooms in the State House formerly
occupied by the quarter master general be appropriated for
the use of the land agent, and that the sergeant-at-arms be
authorized to make such repairs, and to provide such furni-
ture, as may be necessary for his accommodation. [Ap-
proved by the Governor, May 2, 1849.]
1849. Chap. 113—114. 233
Resolve concerning the Norwich and Worcester Railroad Company. Chan 113.
Resolved, That the treasurer of the Commonwealth be,
and he is, hereby authorized to release the claim of the Treasurer of
Commonwealth to such lands of the Norwich and Worces- J^™"6*"11
ter Railroad Company, as are situate in the city of Worces- claim on lands
ter, northerly of the Common, and adjoining the passenger wo^ceste^ and
depot of the Boston and Worcester Railroad Corporation, Railroad Com-
in said city of Worcester, to the said Boston and Worcester conidiUons?1 am
Railroad Corporation, upon condition that the Boston and
Worcester Railroad Corporation shall furnish to the Nor-
wich and Worcester Railroad Company, upon terms to be
mutually agreed upon between the corporations, and ap-
proved by the governor of this Commonwealth, good and
sufficient depot accommodations, at said Worcester, for the
receiving and delivery of their passengers and freight, and
for the safe keeping and protection of their cars and en-
gines, and such other accommodation as may be needful
and proper for the due and just accommodation of the said
Norwich and Worcester Railroad Corporation, and the
property of the same.
Sect. 2. The treasurer of the Commonwealth is hereby Also to release
authorized to release, from time to time, to the Providence J° °«j *l™^-
and Worcester Railroad Company, to the Worcester and nies for sPec'-
Nashua Railroad Company, and to the Western Railroad e purpos
Corporation, the title of the Commonwealth to so much of
the located road of the Norwich and Worcester Railroad
Company, and of their lands contiguous thereto, as will be
necessary to enable said corporations, respectively, to ap-
proach to, and enter in, or otherwise use, a general depot,
at Worcester, whenever such depot shall have been con-
structed.
Sect. 3. Every conveyance, made under the authority ah convey-
of the foregoing resolves, shall be approved by the gov- proved^the"
ernor, whose duty it shall be to see that such conveyances governor,
are made for the purpose of enabling the several railroad
corporations, terminating in Worcester, to afford a better
accommodation to the public using such roads. [Approved
by the Governor, May 2, 1849.]
Resolve relating to a National Road from the Valley of the Mississippi to Chan 114.
the Pacific Coast. ■*
Resolved, That the importance of the recent acquisition
of territory upon the coast of the Pacific Ocean, together
with the large and constant emigration of the people of ex-
isting states, which tends to the immediate settlement of
that distant portion of the Confederacy, demands the seri-
ous attention of Congress to the means of providing more
perfect facilities of communication therewith ; that the es-
30
234 1849. Chap. 114—115.
tablishment of a national road, with a railway, where prac-
ticable, over its own territory, is within the acknowledged
powers of the federal government, the exercise of which is
imperatively demanded ; that of the various projects to
which, in this view, the attention of the country has been
called, in the judgment of this Legislature, and, so far as
our information extends, of the people of this Common-
wealth, a route from the confluence of the great western
rivers, near to St. Louis, in the state of Missouri, is most
direct, feasible, and advantageous to the country. And our
senators are hereby requested to aid in the accomplishment
of this vast enterprise, in such manner as may, by them,
be deemed best calculated to effect its success. [Approved
by the Governor, May 2, 1849.]
Chci7) 115. Resolves to promote Literary and Scientific Exchanges with Foreign Coun-
" tries.
Resolved, That the system of international exchanges,
System of inter- as established by M. Vattemare, is worthy of the hearty and
changes appro- permanent co-operation of all civilized governments ; and
ved. that the thanks of this Commonwealth be, and the same
Thanks to m. hereby are, tendered to M. Vattemare, for the successful
Vattemare. prosecution of his agency, by which the archives of the
State library have been so much enriched.
Thanks to the Resolved, That the thanks of this Commonwealth be,
f>Incemswe-°f anc^ tne same hereby are, tendered to the following gov-
den, Germany; ernments, societies, and individuals, namely, to the gov-
ernment and people of France ; to the governments of Swe-
den, and of the various states of Germany, for their con-
— to Pope Pius, tributions of rare and valuable works ; to his holiness Pope
9th' Pius IX, for valuable and beautiful medals of gold, silver,
—to professor and bronze ; to M. Milne Edwards, professor of natural
ParTsards' °f history in Paris, for the valuable volumes entitled "An-
— to Agricui- nals of Natural Sciences ;" to the Agricultural Society in
turai Society of France, for the memoirs of said society ; and to the Geo-
— to Geological l°gical Society of France, for the bulletin of said society.
Society of Resolved, That, in addition to the books and documents
ranee; get apart for t^e pUrp0se 0f literary exchanges, by the re-
state authorized solves relating to this subject, passed on the twenty-seventh
ditmnarbooks" ^ay °^ February> in the year one thousand eight hundred
for exchanges, and forty-five, the secretary of State be, and he hereby is,
authorized to procure, for the current and for future years,
any number of the volumes entitled " Reports of Cases Ar-
gued and Determined in the Supreme Judicial Court" of
this Commonwealth, which he may deem best, not ex-
ceeding twenty volumes, during any one year, and that
said volumes be set aside for the purpose of effecting such
exchanges hereafter.
1849. Chap. 115—117. 235
Resolved, That the sum of three hundred dollars an- #3oo, annually,
nually be, and the same is, hereby appropriated, to the pur- foPrPcxchMigcs.
poses of the said literary exchanges, in the same manner as
provided by the resolves relating to this subject, passed on
the seventeenth day of April, in the year one thousand
eight hundred and forty-seven, and by resolves of previous
years, relating to this subject ; and that the further sum of P^0- f°r 1848,
three hundred dollars be, and the same is, hereby appro- omissioZ a'
priated, in the same manner, and for the same purposes, for
the year one thousand eight hundred and forty-eight, the
said last appropriation having been omitted during said
year ; and that warrants be drawn accordingly. [Approved
by the Governor, May 2, 1849.]
Resolve on the Petition of Arad Denison and others. CflCip 116.
Resolved, for reasons set forth in said petition, that there
be paid, out of the treasury of the Commonwealth, to Arad $25> annually,
Denison of Leyden, twenty-five dollars, annually, for three °r ree yea
years, from the eighteenth day of March, in the year
one thousand eight hundred and forty-eight ; and that war-
rants be drawn accordingly. [Approved by the Governor,
May 2, 1849.]
Resolve on the Petition of Ward and Company, concerning certain Sterling CflCip 117.
Bonds.
Resolved, for reasons set forth in said petition, that the
treasurer of the Commonwealth be, and he hereby is, author- Treasurer au-
ized to issue and deliver to said petitioners, the following new'steriing8"*
duplicate sterling bonds, in lieu of the originals, being lost bonds for or'g-
or stolen, to wit : number one hundred and forty-three, let- ^a s . .'
ter C, for two hundred pounds sterling, payable in the year
one thousand eight hundred and seventy-one, and number
one hundred and forty-four, letter C, for two hundred
pounds sterling, payable in the year one thousand eight
hundred and seventy-one ; each of said duplicate bonds, is-
sued as aforesaid, to bear coupons of interest, payable on
the first day of April, one thousand eight hundred and for-
ty-nine and thereafter, in usual form ; provided, however, Proviso.
that, upon the issue of said duplicate bonds, as aforesaid,
the treasurer shall receive, from said petitioners, such guar-
anties and securities as shall, by said treasurer, be deemed
sufficient and satisfactory to secure the Commonwealth
against the payment of the original bonds, in lieu of which
the duplicates aforesaid are issued. [Approved by the Gov-
ernor, May 2, 1849.]
236
1849.
-Chap. 118—120.
Chap US.
Sheffield.
Oxford.
Chap 119.
#17 G2 allow-
ed.
Chap 120.
#71 for travel
and attendance
at this General
Court.
Resolve for the Allowance of certain Pauper Accounts.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the
town of Sheffield, the sum of ten dollars and twenty-eight
cents ; and, to the treasurer of the town of Oxford, the sum
of thirty-four dollars and eighty-six cents ; in full for the
pauper accounts of those towns, for the year one thousand
eight hundred and forty-eight, the returns of which having
been in the post office in Boston, on the third Wednesday
of November ; and that warrants be drawn accordingly.
[Approved by the Governor, May 2, 1849.]
Resolve in favor of the Committee on Education.
Resolved, That there be paid, out of the treasury of the
Commonwealth, to E. M. Wright, chairman of the joint
standing committee on education, the sum of seventeen
dollars and sixty-two cents, in full for expenses incurred in
visiting the State Normal Schools, during the present ses-
sion ; and that a warrant be drawn therefor accordingly.
[Approved by the Governor, May 2, 1849.]
Resolve in favor of Ezekiel Crowell.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Ezekiel Crowell, of Yar-
mouth, in the county of Barnstable, the sum of seventy-one
dollars, it being the amount due him for travel and attend-
ance at the present session of the Legislature, in addition
to the amount set against his name on the pay roll ; and
that a warrant be drawn accordingly. [Approved by the
Governor, May 2, 1849.]
PAUPER ACCOUNTS.
237
ROLL OF STATE PAUPER ACCOUNTS.
[See Resolve, Chap. 17, p. 202.]
SUFFOLK COUNTY.
Boston, for support of State paupers, including
burials, .....
Chelsea, for do. do. ....
MIDDLESEX COUNTY.
Acton, for support of State paupers,
Ashby, do. do.
Brighton, do. do.
Charlestown, do. do.
Chelmsford, do. do.
Concord, do. do.
Dracut, do. do.
Framingham, do. do.
Groton, do. do.
$13,025 51
266 17
$13,291 68
ESSEX
COUNTY.
Beverly, fo
Danvers,
f support
do.
of State paupers,
do.
$45 83
272 32
Essex,
do.
do.
25 55
Georgetown,
do.
do.
25 00
Gloucester,
do.
do.
128 44
Haverhill,
do.
do.
51 29
Ipswich,
do.
do.
10 41
Lawrence,
do.
do.
929 88
Newbury,
Newbury port,
Rockport,
Salem,
do.
do.
do.
do.
do.
do.
do.
do.
12 50
176 83
190 34
3,075 16
Saugus,
do.
do.
49 24
Topsfieldj
West Newbury,
do.
do.
do.
do.
25 55
132 86
$5,151 20
$5 84
66 84
5 53
3,228 05
54 88
52 01
119 97
105 44
64 36
238
PAUPER ACCOUNTS.
Holliston, for support of State
paupers,
$73 14
Hopkinton,
do.
do.
15 12
Littleton,
do.
do.
32 07
Lowell,
do.
do.
2,719 39
Maiden,
do.
do.
67 96
Marlborough,
do.
do.
6 86
Medford,
do.
do.
41 23
Natick,
do.
do.
123 02
Reading,
do.
do.
2 10
Somerville,
do.
do.
113 87
Stoneham,
do.
do.
83 26
Stow,
do.
do.
50 35
Tyngsborough,
do.
do.
16 72
Waltham,
do.
do.
57 34
Watertown,
do.
do.
528 80
Westford,
do.
do.
90 11
Weston,
do.
do.
24 04
Wayland,
do.
do.
3 78
Woburn,
do.
do.
44 79
$7,796 87
WORCESTER
COUNTY.
Athol, for support of State
! paupers,
$28 45
Brookfield,
do.
do.
22 02
Charlton,
do.
do.
39 13
Dudley,
do.
do.
15 40
Fitchburg,
do.
do.
40 02
Hubbardston,
do.
do.
3 43
Lancaster,
do.
do.
94 18
Mendon,
do.
do.
5 07
Milford,
do.
do.
45 18
Millbury,
do.
do.
43 12
New Braintree,
do.
do.
27 69
Northbridge,
do.
do.
20 65
Oakham,
do.
do.
4 41
Royalston,
do.
do.
25 97
Spencer,
do.
do.
24 21
Sterling,
do.
do.
15 82
Sturbridge,
do.
do.
27 64
Templeton,
do.
do.
8 26
Uxbridge,
do.
do.
70 34
Warren,
do.
do.
16 10
Webster,
do.
do.
5 70
Westborough,
do.
do.
29 02
West Boylston,
do.
do.
96 10
PAUPER ACCOUNTS.
West Brookfield,
Winchendon,
for support of State paupers, .
do. do.
$25 40
58 94
Worcester,
do. do.
673 98
$1,466 23
HAMPSHIRE COUNTY.
Amherst,
Belchertown,
foi
• support of State paupers,
do. do.
$20 34
30 34
Chesterfield,
do. do.
25 55
Easthampton,
Grailby,
Hadley,
Middlefield,
do. do.
do. do.
do. do.
do. do.
61 89
25 55
11 65
4 62
Northampton,
Ware,
do. do.
do. do.
202 33
83 79
$466 06
HAMPDEN COUNTY.
Blandford,
Ludlow,
for support of State paupers,
do. do.
$51 10
76 65
Monson,
do. do.
20 34
Palmer,
do, do.
116 57
Springfield,
do. do.
977 13
West Springfield
, do. do.
143 85
Wilbraham,
do. do.
29 46
239
$1,415 10
FRANKLIN COUNTY.
Coleraine,
for support
of State paupers,
$40 15
Gill,
do.
do.
11 06
Greenfield,
do.
do.
23 75
Leyden,
do.
do.
51 10
Montague,
do.
do.
28 06
Northfield,
do.
do.
74 62
Orange,
do.
do.
6 68
Shelburne,
do.
do.
18 44
Shutesbury,
do.
do.
153 48
$407 34
240
PAUPER ACCOUNTS.
BERKSHIRE COUNTY.
Becket, for support of State
Cheshire, do.
Clarksburg, do.
Egremont, do.
Great Barrington, do.
Lenox do.
Monterey, do.
New Marlboro', do.
Peru, do.
Pittsfield, do.
Richmond, do.
Sandisfield, do.
Washington, do.
W. Stockbridge, do.
paupers,
$21 28
do.
44 86
do.
38 41
do.
116 80
do.
132 22
do.
19 95
do.
6 58
do.
9 52
do.
14 60
do.
235 72
do.
16 76
do.
25 55
do.
87 02
do.
83 14
NORFOLK COUNTY.
$852 41
Bellingham,
Brookline,
for support
do.
of State paupers,
do.
$8 82
25 55
Canton,
do.
do.
19 60
Dedham,
do.
do.
42 56
Dorchester,
do.
do.
149 06
Franklin,
do.
do.
24 39
Medway,
Milton,
do.
do.
do.
do.
54 35
84 24
Quincy,
Randolph,
Weymouth,
Wrentham,
do.
do.
do.
do.
do.
do.
do.
do.
248 34
84 19
69 88
23 89
$834 87
BRISTOL COUNTY.
Attleborough, i
or support of ^
kate paupers,
$23 53
Fall River,
do.
do.
1,313 74
New Bedford,
do.
do.
1,531 20
Pawtucket,
do.
do.
277 89
Rehoboth,
do.
do.
165 03
Swanzey,
do.
do.
51 10
Taunton,
do.
do.
211 34
$3,573 83
PAUPER ACCOUNTS.
241
PLYMOUTH COUNTY.
Bridgewater, foi
* support
of State paupers,
$13 39
Duxbury,
do.
do.
43 26
East Bridgewater
, do.
do.
30 21
Halifax,
do.
do.
21 24
Hanover,
do.
do.
14 56
Middleborough,
do.
do.
55 15
N. Bridgewater,
do.
do.
25 70
Pembroke,
do.
do.
80 30
Plymouth,
do.
do.
25 55
Scituate,
do.
do.
59 37
Wareham,
do.
do.
16 76
BARNSTABLE COUNTY.
RECAPITULATION.
$385 49
Brewster,
for support of State paupers,
$51 10
Harwich,
do. do.
14 77
Sandwich,
do. do.
55 09
Truro,
do. do.
25 55
$146 51
Suffolk
County,
. $13,291 68
Essex
do.
5,151 20
Middlesex
do.
7,796 87
Worcester
do.
1,466 23
Hampshire
do.
466 06
Hampden
do.
1,415 10
Franklin
do.
407 34
Berkshire
do.
852 41
Norfolk
do.
834 87
Bristol
do.
3,573 83
Plymouth
do.
385 49
Barnstable
do.
146 51
$35,787 59
31
242
PAUPER ACCOUNTS.
STATE LUNATIC PAUPER ACCOUNTS.
Suffolk County, for support of State lunatic pau-
pers, ......
Essex County, for support of State lunatic pau-
pers, ......
Middlesex County, for support of State lunatic
paupers, .....
Worcester County, State Lunatic Hospital,
Berkshire County, for support of State lunatic
paupers, .....
$12,954 96
3,704 93
3,332 20
13,259 46
200 00
$33,451 55
SMALL POX AND SHIP FEVER PAUPER ACCOUNTS.
Boston, small pox pauper account,
Worcester, do. do.
Ipswich, do. do.
Lowell, small pox and ship fever account,
Roxbury, do. do.
Cambridge, ship fever account, .
Brookline, do. do.
Westford, do. do.
$90
43
80
00
25
00
1,251
20
1,781
00
370
63
167
27
65
18
1,830 71
RECAPITULATION,
State pauper accounts, .
State lunatic pauper accounts, .
Ship fever and small pox accounts,
$35,787 59
33,451 55
3,830 71
Total,
$73,069 85
MISCELLANEOUS ACCOUNTS.
243
ROLL
Of Sheriffs, Coroners, Pauper and Military Accounts, au-
dited by the Committee on Accoutits, and reported to the
Legislature, April 13, 1849.
[See Resolve, Chap. 60, p. 217.
SHERIFFS.
Joseph Eveleth, .
J. E. Sprague,
Samuel Chandler,
#94 50
133 89
97 76
J. W. Lincoln,
142 38
S. L. Hinckley, .
C. Rice, .
138 17
63 90
S. H. Reed,
71 80
E. F. Ensign,
35 81
Thomas Twining,
80 68
Thomas Adams, .
65 37
H. L. Danforth, .
81 96
Branch Harlow, .
79 27
Charles Marston,
39 14
I. D. Pease,
44 54
Elisha Starbuck, .
63 09
#1,232 26
CORONERS.
William Andrews, . $65 32
Erastus Rugg,
63 58
Jabez Pratt,
101 56
Charles Smith,
329 78
Theodore Andrews,
16 00
Joseph Rice,
J. S. Curtis,
17 98
6 00
Plumer Chesley, .
John T. White, .
24 98
35 41
Asa Matthews,
12 00
Samuel Hobart, .
36 80
E. C. Craig,
26 29
Robert Vose,
16 95
244
MISCELLANEOUS ACCOUNTS.
Lewis Bass,
Benjamin Drew, .
James Woodward,
William Gordon, .
Samuel L. Thatcher,
James Cottle,
Philip Cook, 2d, .
Alvin Jones,
Harvey Chapin, .
Elijah Blake,
$15
02
9
00
17
00
29
76
21
62
18
70
21
06
26
96
24
54
33
01
$969 32
SUPPLEMENTARY ROLL OF PAUPER ACCOUNTS.
For support of paupers sick with ship fever : —
Town of Fall River, .
City of Boston, .
Town of Hingham,
$2,272 48
8,052 86
119 87
$10,445 21
FOR SUPPORT OF STATE LUNATIC PAUPERS.
County of Norfolk, .
County of Hampshire, ....
Town of Sandwich, ....
Town of South Reading,
$529 90
PAY ROLL OF COURT MARTIAL.
Benjamin Adams,
David S. Jones, .
William Sutton, .
Charles Devens, Jr.,
Benjamin F. Edmands,
E. W. Stone,
John Codman,
James M. Upton,
Jacob B. S. Shaw,
Sylvanus Nash, .
Joseph Dyer, Jr., .
Vinson Blanchard,
Eliab Ward,
Thomas C. Webb,
$300
00
200
00
8
00
21
90
$27
00
30
00
17
50
16
00
16
10
16
60
32
10
16
10
8
00
6
00
6
00
4
00
10
00
6
20
MISCELLANEOUS ACCOUNTS.
245
Appleton Howe, .
E. W. Stone,
George H. Devereux,
Nat. D. Hubbard,
J. L. Donaldson,
George W. Cooley,
Eayrs & Fairbanks,
Lt. Col. Stone,
$8
00
2
50
6
50
3
10
1
00
1
00
16
73
49
99
$300 42
MILITARY ACCOUNTS.
Inspector General. — [See Sect. 12th, Militia Law, 1846.]
George H. Devereux,
E. W. Stone,
Thomas J. Adams,
Leonard S. Jones,
N. A. M, Dudley,
Vinson Blanc hard,
C. Otis Wardwell,
Daniel Perkins,
Claudius B. Long,
William Keith,
Ephraim C. Wetherbee,
Francis H. Whittemore,
Thomas J. Bowler,
Jonathan Arnold, Jr.,
Francis Allen,
Charles H. Hawks,
Jonathan Gavett,
Elnathan W. Wilbur,
John H. Fellows,
Gilbert Ferrin,
Henry Merritt,
John M. Goodhue,
Sewell Richardson,
Joseph S. Clark, .
Jonathan R. Childs,
Elijah Coleman, .
Division Inspectors.
Brigade Inspectors.
Adjutants.
$127 33
$25
00
25
00
25
00
#25
00
25
00
25
00
25
00
25
00
25
00
$5 90
24 45
25
00
25
00
25
00
32
23
25
00
25
00
25
00
25
00
25
00
42
71
25
00
10
40
25
00
14
58
246
MISCELLANEOUS ACCOUNTS.
Hauling Artillery
Richard Barrett, .
Liinu jn.t\
$20 00
Andrew Blood,
24 00
Horace Hammond,
18 00
Joseph S. Friend,
18 00
John W. Rhoades,
36 00
James Bates,
30 00
William W. Bullock,
21 00
Caleb Page,
20 00
Jonas W. Smith, .
40 00
George Wood,
12 00
Albert Crain,
40 00
Postage Accounts.
Appleton Howe, .
$10 40
Benjamin Adams,
2 75
David S. Jones, .
7 30
George Hobbs,
5 72
Charles Devens, Jr.,
3 00
Thomas P. Penby,
3 25
Samuel Blanchard,
3 81
Samuel P. Shattuck,
4 65
Joseph S. Darling,
14 65
Horatio Hawkes,
4 00
RECAPITULATION OF MILITARY ACCOUNTS.
Inspector General, . . . $127 33
Division Inspectors,
75 00
Brigade Inspectors,
150 00
Adjutants,
380 27
Hauling Artillery,
279 00
Postage, .
59 53
$1,071 13
RECAPITULATION.
Sheriffs' accounts,
Coroners' do.
State pauper : — Ship fever.
do. do. Lunatic, .
Pay roll of court martial,
Roll of military accounts,
$1,232 26
969 32
10,445 21
529 90
300 42
1,071 13
$14,548 24
INAUGURAL ADDRESS
OF
HIS EXCELLENCY GEOKGE N. BRIGGS.
Representatives' Chamber, Jan. 10th, 1849.
At twelve o'clock, His Excellency the Governor, accompanied
by His Honor the Lieutenant Governor, the members of the
Executive Council, and the various officers of the govern-
ment, attended by a Joint Committee of the two Houses,
and the Sheriff of Suffolk, met the Senate and House of
Representatives in convention, and delivered the following
ADDRESS:
Gentlemen of the Senate, and of the
House of Representatives :
In 1780, the Constitution, under which we have assembled,
and which we have sworn to support, was adopted by the
people of this Commonwealth. The first Legislature assem-
bled in October of that year. Since that time, sixty-nine suc-
cessive bodies of men, clothed Avith the power of making
laws, have met to deliberate and act for the public good.
More than fifty of those legislative councils have assembled in
this time-honored hall. Under the principles of this Constitu-
tion, which was one of the earliest adopted in our family of
sister republics, and under the broad aegis of the North Ameri-
can Union, her people have been prosperous and happy. ■ All
honor to those true and patriotic men, who made our frame of
government, and to those who, from time to time, since its
establishment, have exercised the powers conferred by it, upon
its different departments !
Standing in this place, from which so many distinguished
chief magistrates have addressed the assembled Legislatures,
248 GOVERNOR'S ADDRESS.
through a period of seventy years, upon matters of public in-
terest, it may not be considered boastful or improper, while
looking at the past and the present, to say, there are but few,
if any, political communities, in any country upon the face of
the earth, numbering nearly one million of people, who are
enjoying more of the blessings of a free government, and of
domestic and social life ; who are deriving more benefits from
the institutions of learning and of science, or from a system of
widely disseminated popular education, or reaping more fully
the fruits of persevering industry and intelligent, voluntary
labor, than are the present population of Massachusetts. For
these privileges and blessings, we owe, on this public occasion,
the tribute of a sincere and profound gratitude to that Supreme
Being, from whom they all flow, and who, in the days of pros-
perity, is the Sun of our glory, and, in the hour of darkness
and danger, is our " Munition of Rocks.1'
The receipts into the Treasury, the last year, in-
cluding $6,134 77 on hand January 1, 1848,
and $45,500 for Western Railroad Stock sold,
amounted to $560,029 56
And the expenditures to 548,674 97
Leaving a balance, on the 1st of January, 1849, of $11,354 59
The resources of the Commonwealth, on the 1st day of Jan-
uary, consisted of: —
10,000 shares of Western Railroad stock, (old,) $1,000,000 00
134 do. do. do. do. (new,) 13,400 00
Dividends due 1st January, on 11,764 shares West-
ern Railroad stock,
Value of 10,000 shares, above cost,
House in Hancock Street, No. 12, .
Notes for land in Maine,
South Boston Association shares,
Western Railroad Stock Sinking Fund,
47,056 00
50,000 00
12,500 00
1,788 00
1,500 00
525,500 00
v Making, $1,651,744 00
The debt of the Commonwealth is for —
Western Railroad scrip, $995,000 00
Temporary loans and interest, 26,027 64
Balance of note to Western
Railroad Corporation, 16,106 08
GOVERNOR'S ADDRESS. 249
Rolls and warrants of recent
date unpaid, . . . $1,815 64
$1,038,949 36
Leaving a balance in favor of the State of $612,794 64
To this should be added cash on hand, January
1, 1849, 11,300 00
Making, $624,094 64
Nothing has occurred to render it probable, that the State
will ever be called upon to pay any of the liabilities which it
has heretofore assumed for certain railroad corporations.
We may, I think, reasonably congratulate ourselves that our
public finances are in so prosperous and satisfactory a condi-
tion. The expenses of the Legislature, the Rolls of Accounts,
and the sum paid for the State Reform School buildings at West-
boro', the last year, exceeded the amount paid the preceding year,
for the same objects, in the sum of $67,225. For furnishing the
counties and towns with weights and measures, under the law
of the last session, $20,900 have been paid. Thirty thousand
dollars more will be required the present year to pay for sup-
plying all the towns and counties in the State with these arti-
cles. After making the necessary appropriations for the Re-
form School, how much of the other items of expense, alluded
to, may be reduced, will depend upon the action of the Legis-
lature. The amount paid for the cost of the last Legislature,
over that of the year 1847, by reason of the great length of
the session, was more than $23,000. It is to be hoped that
this cause of increased expenditure will not again occur, at
least during the present century.
So great has been the public dissatisfaction in several of
our sister states at the protracted sessions of their legislatures,
that they have been induced to provide a remedy by con-
stitutional provisions and limitations. I am quite sure that
no such remedy will ever become necessary in this Common-
wealth.
The rolls of accounts for the last year amount to more than
ninety-nine thousand dollars, nearly the whole of which is for
the support of State paupers. This large and increasing ex-
pense demands of the Legislature the consideration of a remedy
against its continuance. The most obvious remedy seems to
be, to transfer the charge, for the maintenance of this class of
paupers, from the State, to the several towns in which they
may become chargeable. It cannot be doubted, that, if the
towns, instead of the State, had to pay for their support, the
32
250 GOVERNOR'S ADDRESS.
annual amount would be very considerably reduced. Whilst
the really necessitous and suffering poor would not be neg-
lected, the undeserving and the idle would be more likely to
be turned away.
The report of a commission, appointed by authority of law,
two years ago, shows, that, under the present system, the
temptation to enlarge this item of expense was too strong to
be resisted by many of the towns. It may be said, that the
effect of such a change would be, to throw, upon the cities
and larger towns, a greater portion of the expense, than upon
the smaller towns. The reply to this suggestion is, that the
prosperity and increase of business in the large towns and cities,
which swell their population with industrious and wealthy
men, naturally bring along with them numbers who may be-
come chargeable ; but that prosperity and growing wealth
increases their ability, and makes it reasonable for them to
bear a greater tax for such a purpose, as an incident to their
advance in wealth and numbers.
The question of settlement, which makes a town liable for
the support of a pauper, is an arbitrary one, depending upon
statute law. If the subject was to be discussed de novo, it
would not seem to be a self-evident proposition, that, for any
one of the reasons set forth in the statute, a town should be
made liable for the support of a family of paupers, whose grand-
father happened to come within any of the conditions for gain-
ing a settlement within the town, though all the paupers may
have been born in another town, when, if that grand-parent
had not come within those conditions, they would have been
chargeable upon the State. It is a subject entirely for your
consideration, and its importance calls for careful discussion and
deliberation.
For many years after the Revolution, and the adoption of
the Constitution of the United States, the character and im-
portance of the militia were themes much dwelt upon in the
executive communications of the chief magistrates of the Re-
public, and of the different states. The Federal Constitution
gives to Congress the power " to provide for organizing, arm-
ing, and disciplining the militia," and for " calling them forth
to execute the laws of the Union, suppress insurrections, and
repel invasions." To the states, it leaves the " authority to
appoint the officers, and of training the militia, according to
the discipline prescribed by Congress." The power of en-
forcing obedience to law, when wrongfully and violently
resisted, and of repelling invasion from abroad, is incident to
all human governments. In other countries, this power has
been exerted through the instrumentality of standing armies.
Under our own free Constitution, it is reposed in the mass of
GOVERNOR'S ADDRESS. 251
citizens themselves, acting in the capacity of militia. When
called to execute the laws, it is to compel obedience to their
own will, constitutionally expressed ; when to suppress insur-
rection, it is to enforce submission to their own government ;
and when to repel invasion, it is to drive back the aggressor
upon their own rights, from their own soil. To make them
efficient agents for these conservative purposes, organization,
discipline, and training, are necessary. The laws of Congress
are to provide for organizing, disciplining, and arming them,
and the states are to provide for training them in conformity
with the national laws. The national Legislature, as early as
1792, passed a law on this subject, in compliance with the
requirements of the Constitution. The governments of the
states, following the example of Congress, and actuated by the
spirit which led to the constitutional provision, did what they
were required to do. But, for the last twenty years, the whole
subject of the militia has sunk in importance in the public
mind, and, in most of the states, has lost the popular favor.
The consequence is, that, in many of the states, the require-
ments of the laws of Congress are neglected, whilst the legis-
lation of other states is in direct conflict with those laws. In
Massachusetts, there are more than ninety-eight thousand of
what are called enroled militia. The mere act of enrolment
is all which gives them any title to the name. The laws of
Congress require the enrolments to be made by the captains of
companies. We have no organization into companies, and the
enrolments are made by the municipal officers of the towns
and cities. We have also under our State laws an active
volunteer corps, numbering about forty-five hundred men.
They are well uniformed, equipped, and disciplined ; and are,
what their name imports, volunteer, active militia. To this
spirited, resolute, patriotic body of men, the State is under
obligation, for all that there are of the ninety-eight thousand
of enroled citizens, who have any claim to the character of
organized and disciplined militia. To them alone could she
look for prompt and efficient aid, if either of the emergencies,
contemplated by the Constitution, should suddenly arise, in
which the bayonet should be necessary to enforce obedience to
the laws. Though the subject is beset with embarrassments,
it should, by no means, escape the earnest attention of the
Legislature. I respectfully commend it to your notice, together
with a very able report made to the last General Court, by a
most competent commission, to whom the subject had been
committed by their predecessors.
It has hitherto been the good fortune of Massachusetts to
have an able and upright judiciary, so that the administration
of justice within her courts has secured the confidence of her
252 GOVERNOR'S ADDRESS.
own people, and made her respectable abroad. It is essential
to the rights and security of her citizens, that the reputation
of their courts, which the learning and integrity of the judges
have won, should be maintained. Our present system seems
well adapted to the territory and population of the State.
The number of judges in each of the courts may be increased
or diminished, to meet the wants of the public, without incon-
venience or derangement to the system. Steadiness, unifor-
mity, and certainty, are so important in the administration of
justice, that any hasty or material changes, in the organization
and arrangements of the courts, should be avoided, unless they
are rendered necessary by serious existing evils. The unusual
number of changes which have taken place in the Court of
Common Pleas, within the last five years, necessarily have
produced some delay in the business of the courts, and excited
a good deal of public attention. During that period of time,
nine judges have resigned their seats on the bench of that
court. Eleven have been appointed, and as many as ten gen-
tlemen of the legal profession have, directly or indirectly, de-
clined to accept appointment as judges of that important court.
The respectability and importance of that branch of the judi-
cial department of the Commonwealth, and the interest of the
people in its continuance, very naturally suggest inquiry into
this remarkable state of things. I am satisfied, that what was
deemed an inadequate salary, by the learned and competent
judges, was, in nearly every instance, the reason which led
them to retire from the bench. The same consideration oper-
ated upon the minds of those gentlemen who declined going
there. The large portion of time, which the increasing busi-
ness of the courts required them to be absent from their fami-
lies and homes, in holding terms, and their personal expenses
attending that absence, left so inconsiderable a balance of their
whole pay, that a sense of duty to themselves and families
compelled them either to return to their more lucrative profes-
sional practice, or to accept of offers from other branches of
business, which could afford to pay more liberally for their ser-
vices. The necessity must certainly be very pressing, which
would compel high-minded men to leave posts of official honor
for which the practice of their whole lives had qualified them,
and which, for years, had been the objects of their professional
ambition.
The people of the state of New York, in the constitution
which they have lately ratified, have established the salaries of
a large number of their judges, Avhose official duties are not
more responsible, and are believed to be less laborious, than
those of our Court of Common Pleas, at twenty-five hundred
dollars a year. The judges of the courts of the city of New
GOVERNOR'S ADDRESS. 253
York receive much larger salaries. I am persuaded, that, un-
less there is an increase of the compensation of the judges of
that court, the instability and changes, which have been wit-
nessed during the last five years, will be continued, until, at
length, the business and rights of the people, and the character
of the Commonwealth, will both suffer from having high and
responsible judicial stations filled by incompetent and unquali-
fied judges. Deeply impressed with the belief that the best
interests of the people of the State require it, I respectfully
recommend, that the salaries of the judges of the Court of
Common Pleas be raised to such a reasonable sum, as will
secure the permanent services of able, upright, and competent
men in that branch of our judicial department.
The various public institutions which are wholly, or in part,
under the direction and patronage of the State, are successfully
fulfilling the purposes of their creation, dispensing benefits
and happiness to the objects of their care, and reflecting credit
upon the Commonwealth.
That sympathy and aid, which, by the provisions of our
laws, are extended to those unfortunate ones, from whom, by
the ordinance of an inscrutable Providence, the music of sound
and the beauties of light are shut out, and to the still more
afflicted ones, who are bereft of reason, are in harmony with
the spirit of the age, and well calculated to evoke the bless-
ings of Heaven upon a people who cheerfully furnish the
means for their continuance.
Under the resolves passed on the eighth day of May, 1S48,
concerning training and teaching idiots, arrangements have been
made with Dr. Howe, the principal of the Perkins Institution
and Massachusetts Asylum for the Blind, for receiving and
teaching ten idiot children, according to the terms of those
resolves. This new experiment in our country, for elevating
and improving another class of depressed and neglected fellow-
beings is in progress. If it succeeds, and there are encourag-
ing indications that it may, humanity will gain another trophy
by the labors of the distinguished philanthropist at the head, of
that institution, whose patient and unceasing efforts enabled
him to communicate, to the darkened intellect of that interest-
ing prodigy of human nature, Laura Bridgman, the treasures
of instruction and knowledge, unaided by light, or sound, or
speech.
Reports from the different officers of the State Prison, at
Charlestown, show that the same careful, humane, and judi-
cious administration of its affairs, which has distinguished it
among similar institutions, has been observed throughout the
past year. Circumstances, over which the warden or other
officers had no control, and which are explained in the war-
254 GOVERNOR'S ADDRESS.
den's report, have made the expenses of the year exceed the
receipts something more than four thousand dollars. To meet
this deficiency, he thinks an appropriation by the General
Court will be necessary.
The subject of penal laws has occupied very much of the
public attention of late, in our own, and in other countries.
The discussions upon it have led to their amelioration in most
civilized and Christian states. The reformation of offenders,
as one of the ends of punishment, has entered more into
modern, than it did into more ancient, codes of penal juris-
prudence. The number of capital offences has been greatly
reduced, and, in some governments, capital punishments have
been abrogated. In our own Commonwealth, the number of
crimes now punishable by death is four. On former occasions,
I have called the attention of the Legislature to this subject,
and recommended the propriety of abolishing the punishment
of death, except in cases of wilful murder. It seems to me,
that the reasons for such an alteration of our penal laws are
every year gaining strength. Evidently, there is a strong cur-
rent of public sentiment running in that direction. That bias
in the public mind has produced, and is producing, a good deal
of embarrassment in the criminal proceedings in our courts
of justice, manifesting itself in disagreements of juries, and,
not unfrequently, in the acquittal of persons charged with cap-
ital offences, when they would probably have been convicted,
if the penalty, following conviction, had been less severe. I
am satisfied, that such a change in existing laws as will make
only murder in the first degree punishable with death, and
subject the other crimes, now made capital, to imprisonment
for a long term of years, or for life, would meet with the pub-
lic approbation, lead to the more certain punishment of crimes,
and increase the safety of the community.
On the first day of November last, the " buildings of the
State Reform School," at Westborough, in the county of
Worcester, were "prepared and ready for occupancy." Since
they were opened, twenty-three boys have been received and
placed under the care of the superintendent. Those buildings
are erected on a farm containing about two hundred acres of
valuable land, which was purchased for the purpose by the
money of some generous and unknown donor. They are
tasteful in their style of architecture, well and permanently
constructed. When finished, there will be room for three hun-
dred boys; at present, but one hundred can be accommodated.
Standing upon a pleasant eminence, they overlook a beautiful
lake, which is embraced within the limits of the farm. The
object of this noble institution is entirely for the instruction
and reformation of juvenile offenders. So far as I am in-
GOVERNOR'S ADDRESS 255
formed, it is the first institution upon this continent, established
exclusively by a state, for the reclamation of its erring chil-
dren.
By the provisions of the law under which this school has
been established, " When any boy, under the age of sixteen
years, shall be convicted of any offence known to the laws of
this Commonwealth, and punishable by imprisonment, other
than such as may be punished by imprisonment for life, the
court or justice, as the case may be, before whom such convic-
tion shall be had, may, at their discretion, sentence such boy
to the State Reform School, or to such punishment as is now
provided by law for the same offence ; and, if the sentence
shall be to the State Reform School, then it shall be in the
alternative, to the State Reform School, or to such punishment
as would have been awarded if this act had not been passed."
The trustees of the school may either refuse to receive a boy
sent there under the sentence of the court, or, after he has
been received, for causes set forth in the act, order him to be
committed to prison according to the terms of the alternative
sentence of the court. " The trustees are also empowered to
bind out any boys committed to their charge, for any time
during the period for which they shall have been committed,
as apprentices or servants, to any inhabitants of this Common-
wealth." "And whenever any boy shall be discharged, by
the expiration of his term of commitment, or as reformed, or
as having arrived at the age of twenty-one years, such dis-
charge shall be a full and complete release from all penalties
and disabilities, which may have been created by his sentence."
It is made the duty of " the trustees to cause the boys under
their charge to be instructed in piety and morality, and in such
branches of useful knowledge as shall be adapted to their age
and capacity ;" " they shall also instruct them in some regular
course of labor, either mechanical, manufacturing, agricultural,
or horticultural ;" also, " such other arts and trades as may
seem to them best adapted to secure the reformation, amend-
ment, and future benefit of the boys."
Before the passage of this law, stamped with the impress of
benevolence, the courts, before whom boys of the most tender
age were convicted of crimes, were compelled to send them
either to prison, or to the house of correction ; in either case, to
be further corrupted, by coming in contact with men familiar
with atrocities, and hardened in guilt. By the provisions of
this law, humanity has opened the door by which the magis-
trate may enable those infant offenders to escape from utter
ruin. Many of these boys belong to families, whose homes
are the gloomy abodes of dissipation, vice, and impurity, and
to parents, in whose bosoms, intemperance and crime have
256 GOVERNOR'S ADDRESS.
choked the voice of nature. Others, without parents, or homes,
spend their days in the midst of temptations, and their nights
in prowling about the lanes and streets, or in the commission
of petty offences, which, if not detected and punished, will
be the sure precursors of more aggravated transgressions.
From these hotbeds of sin, in which all their young faculties
have been forced to an unnatural development for evil, these
miserable children are rescued by the sentence of the courts,
transferred to the nursery of instruction, industry, and virtue,
placed under the discipline and care of faithful and kind teach-
ers, at the expiration of their time of commitment, to go out
without the legal stamp of guilt upon them, and, in the lan-
guage of the law which thus deals with them, " with the
opportunity of becoming intelligent, moral, useful and happy
citizens of this Commonwealth." By the blessing of Heaven,
may this experiment of the Commonwealth, to reform and
benefit these juvenile delinquents, be successful ! That liberal
benefactor, whose munificent charity, of more than twenty-
two thousand dollars, has so eminently contributed to the
establishment of this institution, is entitled to, and will receive,
the thanks of his fellow-citizens, and the lasting gratitude of
those who will reap the fruits of his benefaction.
The cause of education, and common schools, is steadily
advancing, with the other pursuits and interests of the Com-
monwealth. The importance and magnitude of this cause
cannot be overrated. Sad indeed would be the day, when the
busy, teeming population of Massachusetts should neglect the
moral and intellectual education of their children, and when
schoolhouses and churches shall cease to be the objects of their
affection and solicitude. As well might the husbandman, in
opening spring, put up his fences, repair and paint his build-
ings, set out his shade-trees, and ornament his pleasure-grounds,
but utterly neglect to prepare the earth, and put in the seed for
his crops. The delusion would not be greater, nor the ulti-
mate consequences half so disastrous, as for parents and legis-
lators to neglect to provide the most ample means within their
power, for the moral and intellectual culture of the immortal
minds of the children committed to their care. If the farmer
carelessly lets the spring-time pass, without committing the
seed to the earth, the opportunity of receiving a harvest is lost
for the whole year. The error cannot be repaired. After that,
the genial showers and warmth of summer are nothing to that
sluggard husbandman, and the ripening sun of autumn shines
upon him in vain. If those, to whom is committed the care
of the young, permit the spring-time of childhood and youth
to pass away, without sowing the seeds of knowledge and
virtue in their tender minds, the opportunity will be forever
GOVERNOR'S ADDRESS. 257
lost. A manhood of ignorance and vice, and an old age of
hopeless desolation, will be the consequences. The history of
Massachusetts, from the days of the Pilgrims to the present
time, repels the idea, that her government, or people, are
chargeable with the madness and folly of neglecting the edu-
cation of their children. In the report of the Board of Edu-
cation for 1848, the most convincing proof is furnished, that,
within the last twelve years, the influence of the board, the
action of the Normal Schools, and the services of their secre-
tary, have given an impulse to popular education, the most
gratifying to its friends and beneficial to the public. During
that time, there has been a gradual increase of the proportion
of the whole number of children in the Commonwealth, who
attend schools, the annual amount appropriated for the support
of common schools has been doubled, and more than two mil-
lions of dollars have been expended in school districts, for
repairing and building schoolhouses. These are cheering and
important facts, and they clearly indicate the increasing interest
which the people take in the sacred cause of education.
In bringing this subject to your attention, it cannot be
necessary for me to press upon your consideration, the weighty
and indispensable obligations, which rest upon every public
officer in the Commonwealth, to use his personal influence,
and his official power, for the support and prosperity of a cause,
the success of which involves all that is respectable, great, and
glorious, in the character of the State, and all that is useful
and desirable in the present and future condition of her people.
The Hon. Horace Mann, who has been the secretary of the
Board of Education from the time of its organization, has
made his Twelfth Annual Report ; and this report terminates
his official connection with the board. By the voice of his
fellow-citizens, he has been called to another and a different
field of action. These twelve extraordinary reports of the
late secretary of the board have not only exerted a great influ-
ence in his own Commonwealth, and in the other states of
this Union, but they have attracted the attention, been eagerly
sought and read by, and excited the admiration and respect of,
the friends of education, of letters, and of learning, through-
out all the governments of enlightened Europe. The estima-
tion in which the Board of Education hold Horace Mann and
his services, will appear by the resolutions unanimously passed
at their last annual meeting, placed upon their record, and
which are made a part of their report to the Legislature. They
say "that, in reviewing the official course of the secretary of
the board, we are led to contemplate extraordinary proofs of
the devotion of talents of the highest order, under the influ-
ence of the purest motives, to a work of usefulness, which, in
33
258 GOVERNOR'S ADDRESS.
respect alike to the magnitude of its results, and the nature
and extent of the labor involved in it, must be deemed as un-
surpassed in the annals of the Commonwealth ;" and " that,
yielding to the necessity of dissolving the connection, which
has so long subsisted between the board and its late secretary,
we desire to place on record, and to tender to Mr. Mann, the most
unqualified assurance of our official approbation of his services,
and of our warmest personal regard, and best wishes for his
future usefulness, honor, and happiness." After five years of
personal and official intercourse with Mr. Mann, it gives me
pleasure to say, that these resolutions meet my entire and sin-
cere approbation. He has made himself a benefactor of his
race. The memory of his extraordinary services in the cause
of education will be treasured up in the true hearts of one
whole generation of the children of his native Commonwealth,
who have been the witnesses of his labors, and the partakers
of their fruits. That memory will as certainly be transmitted
to those who shall follow them, as one generation of men will,
by the physical laws of their being, be succeeded by another.
By the treaty, recently concluded between the United States
and the Republic of Mexico, a large extent of territory was
ceded to this country. This new and almost boundless acqui-
sition has raised a question of vast interest to the whole Union,
to freedom and humanity. Shall the institution of slavery be
extended over this new territory, or shall it remain, as it now
is, free ? This is a sectional question, arraying the people of
the slave states on the one side, and the people of the free
states on the other. Though there may be exceptions to the
universality of this local division, it is so much so, as to invest
the question with all the importance which belongs to that
class of subjects. It should be met with kindness, candor,
and firmness. Reason is not aided by passion, or truth by
violence. Massachusetts occupies no equivocal position upon
this subject. From the first intimation, that it was the pur-
pose of those who conducted the affairs of the general govern-
ment, to obtain from Mexico, by conquest or by treaty, any
part of her territory, the people of Massachusetts, in every
form by which their views could be properly expressed, have
declared their opposition to all such designs, and avowed their
unalterable determination, if such designs should be carried
into effect, to resist, by every legal and constitutional means
within their power, the extension of slavery over the whole,
or any part, of territory, that might be thus acquired.
The executive communications to the Legislature, and the
official proceedings of that body for several years past, will
show what have been the opinions of her State government
on this subject. And the uniform, firm, and consistent course
GOVERNOR'S ADDRESS. 259
of her delegation, in both branches of Congress, during the
same period of time, will show how entirely they have har-
monized in opinion with the different branches of their gov-
ernment at home. No one can doubt, I think, that the course
of their public functionaries at home, and in Congress, has
truly reflected the views of the people of the Commonwealth.
Now that a vast domain has been added to the republic, and
the exciting question which the friends of its acquisition knew
must be met, if they carried out their purpose, has come upon
us, it becomes us to maintain our position with unflinching
firmness, and with entire respect for those who may differ from
us, and with the determination never to violate the constitu-
tional rights of any sister state. Seven new slave states have
been admitted into the Union, formed out of territories which
did not belong to the United States, at the time of the adop-
tion of the Constitution. The territories out of which those
states have been formed, were acquired, according to the opin-
ion of Mr. Jefferson, under whose administration the first pur-
chase was made, and of other eminent statesmen, without
being authorized by the Constitution. The Constitution never
could have been adopted with such a power expressed in it.
It is now more than intimated, that the exclusion of slavery
from the free territory recently obtained from Mexico, would
endanger the Union. This intimation comes from that section
of the country, where the number of slave states has been
already increased from six to fifteen. Indications not to be
misunderstood authorize the belief, that the people of the free
states have resolved, that slavery is not to be extended over
any territory belonging to the Union where it does not now
exist. It is gratifying to know, that, among those who take
this ground, there are many who lent their influence, and gave
their support, to measures which led to the acquisition of new
territory, and have brought the present question before the
country.
Of the propriety and constitutionality of the action of Con-
gress to prohibit the extension of slavery over the territory of
the United States, and its existence in the states which may
be formed out of such territory, we have the bright and noble
example set by the sages of the republic, in the passage of the
ordinance of 1787, by which slavery and involuntary servitude
were forever excluded from the territory northwest of the Ohio
River. The wisdom of that ordinance is justified by the ris-
ing and brilliant destiny of the five free states now covering
the broad and rich domain over which its beneficent provisions
are extended forever. The freedom and prosperity of these
states will be enduring testimonials of the far-seeing patriotism
of those statesmen, who, without regard to personal or local
260 GOVERNOR'S ADDRESS.
interests, originated and consummated that illustrious act.
The first mover of that ordinance was Thomas Jefferson of
Virginia, and it was finally passed, with the concurrence of a
large majority of the slaveholding states. The great princi-
ples which it proclaimed have been sanctioned by nearly every
president and every Congress since the adoption of the Fed-
eral Constitution. Congress, at its last session, and the present
chief magistrate of the United States, upheld its constitutional
validity, by ingrafting its provisions upon the act creating the
territorial government of Oregon. Should Congress, at the
present session, fail to extend it over the whole of the newly
acquired territory, their immediate successors will have it to
do ; and to the president elect will belong the honor of carry-
ing out the principles of Washington and the early presidents,
whose example he has avowed his intention of following, by
giving to it the sanction of his official approval. The first
political sentiment in the heart of the people of this republic,
is that of undying attachment to the Union ; and, with that,
is the settled and resolute purpose of maintaining, in all its
parts, the Constitution under which that Union is cemented,
and has become powerful and glorious. But so deep and uni-
versal is the conviction of the injustice and inhumanity of
slavery, that no one thing would have a stronger tendency to
shake the integrity of the Union itself, or to render the exist-
ing institution of slavery where it is, insecure, than a deter-
mined effort, by its friends, to give it perpetuity by extending
the area of its existence.
Since the recognition of the independence of the thirteen
United Colonies, by the parent government of England, the
world has looked on with intense interest to witness the result
of the experiment of self-government by the people of this
North American Union. Has that experiment succeeded ?
The friends of the old systems in Europe have said, and do
now say, that the tendencies to excitements and agitations
among the masses under free institutions, are so great, that
there is no sufficient security to persons and property ; that
our form of government is not strong enough to secure the
safety of its citizens, and to protect itself from violence and
decay. On the contrary, we believe it to be the strongest
government on earth. It belongs to the people, was formed
by them, and they will sustain it with a heartiness unknown
to the monarchies and despotisms of the Old World.
The Constitution of the United States is sixty years old.
It was formed and adopted by the people of thirteen separate
and independent states. The number of states now under its
authority is thirty. Whilst it confers certain enumerated pow-
ers upon the national government, and makes that government,
GOVERNOR'S ADDRESS. 261
within the sphere of its powers, supreme, the state govern-
ments, within their spheres, are as distinct and independent, as
though no general, national government existed. During that
sixty years, there has been but one instance, in which a state,
or the people of a state, have so far resisted the laws of the
Union as to require the power of the Union to enforce obe-
dience to those laws. In that case, obedience was secured
without the conflict of arms, or the shedding of blood. Dur-
ing the same period of time, with one exception, there has
been, among the thirty states which now constitute the Union,
no insurrection or defiance of the laws of any state, by its
citizens, which required the military power to put it doAvn.
In all that time, embracing a period nearly equal to that which
belongs to two generations of men, no citizen, either under
the laws of the general or state governments, has been sub-
jected to the forfeiture of his estate, or been put to death for
any political offence. There have been occasions when party
contests have been warm and animated, and when great ex-
citement has agitated the public mind. But the parties to
these excitements, whether in regard to state or national affairs,
have stopped short of violence, and bowed in submission to
the laws and the constitutions of the land. All political con-
tests for power have been settled by the silent, peaceful, but
resistless authority of the ballot-box, — an authority as omnipo-
tent, for the purposes and time prescribed for its operation, by
the Constitution under which it is exercised, as the voice of
fate. For sixty years, the bayonet or the sword has never
been raised to enforce its decree. On the seventh day of No-
vember, 1848, three millions of voters, dispersed throughout
these thirty states, which, with their territories, cover an area
nearly as large as the whole of Europe, went to the polls
under the regulations of the local laws of the several states,
and, between the rising and the setting sun, elected a chief
magistrate of the republic for four years. That election changed
the administration of the government of the Union, having, at
its disposal, a hundred thousand offices, and the annual expen-
diture of forty millions of dollars, from the hands of one party
into the hands of another. Yet, in three days, through the
agency of electricity, the result was known from one extremity
of the Union to the other, and that public mind, so recently
agitated like the billows of the ocean, was as quiet and as
calm as though no election had been held, and the power of a
mighty republic had not changed hands. When, before, has
the world beheld such a spectacle !
What have been the mutations and changes of the dynasties
of Europe during these sixty years, and what the condition of
their subjects ? Is there one of them which has not waded
262 GOVERNOR'S ADDRESS.
through the blood of a revolution, or been rent and torn by
intestine convulsions ? What a vast amount of private prop-
erty has been confiscated, and what a multitude of men have
languished in hopeless banishment, or in gloomy prisons, or
have been brought to the block, for state offences, committed
against laws which they had no voice in making, and against
rulers who swayed the sceptre over millions of unwilling and
discontented subjects ! At this moment, the governments of
Europe have a standing army of more than two millions of
men to enforce obedience to their laws.
The question again returns, in which country, among the
monarchies and despotisms of Europe, or among the free re-
publics of North America, are property, liberty, and life, the
most secure ? Let history reply.
Gentlemen of the Senate,
and of the House of Representatives :
To you is committed, for the time being, the character of
the Commonwealth, whose legislators you are. Judicious
legislation is an efficient means of advancing the interests of
her citizens at home, and of gaining the respect of her sister
states, and of wise and good men all over the world. I know
it will be your pleasure to do any thing in your power to ac-
complish an object so worthy of the places which you fill, and
of the constituents who have invested you with authority.
We are elected to the offices which we hold by the votes of
our fellow-citizens, organized into political parties. But here
we have but one party to serve, and that is the whole Com-
monwealth. That public officer best serves his party, who
serves the Commonwealth the best. Our duty, as magistrates
and legislators, is so impressively set forth in that Constitution,
which, before Heaven, and in the presence of our fellow-citi-
zens, we have taken upon ourselves the obligation to obey,
that it is useful and proper often to recur to its suggestions and
instructions. That instrument declares, that '•' it shall be the
duty of legislatures and magistrates, in all future periods of
this Commonwealth, to cherish the interests of literature and
the sciences, and all seminaries of them, especially the Univer-
sity at Cambridge, public schools, and grammar schools, in the
towns ; to encourage private societies and public institutions,
rewards and immunities for the promotion of agriculture, arts,
and sciences, commerce, trades, manufactures, and a natural
history of the country ; to countenance and inculcate the prin-
ciples of humanity and general benevolence, public and private
charity, industry and frugality, honesty and punctuality in all
their dealings, sincerity, good humor, and all social affections
and generous sentiments among the people."
MESSAGES. 263
It is the duty of all those entrusted with the high functions
of making laws, to guard against all unwise and unnecessary
legislation. The Commonwealth should be protected from the
expenditure of the public money for extravagant or questiona-
ble purposes. But, for advancing the lofty, beneficent, and
virtuous objects, enjoined upon her legislators and magistrates,
in the language of the Constitution, which I have read, I
would see her make appropriations with the liberality of a wise
and munificent parent for the children that he loves. Guided
by wisdom from above, may the result of your deliberations
meet the approbation of your constituents, and be beneficial
to the Commonwealth !
M E S S A G E S
To the Senate :
It is my painful duty to announce to you the death of Jo-
seph Barrett, Esq., the late Treasurer and Receiver General of
the Commonwealth.
He died at his residence in Concord on Saturday last, at one
o'clock in the afternoon.
GEO. N. BRIGGS.
Council Chamber, January 8, 1849.
To the Senate :
I communicate herewith for the use of the Legislature : —
The Report of the Inspectors of the State Prison.
The Reports of the Warden and Physician of the State
Prison.
The Reports of the Trustees, Treasurer, and Superintendent
of the State Reform School.
The Report of the Principal of the Perkins Institution and
the Massachusetts Asylum for the Blind.
The Annual Report of the Adjutant General of the Com-
monwealth.
The Reports of the Trustees, Superintendent, and the Treas-
urer of the State Lunatic Hospital at Worcester.
GEO. N. BRIGGS.
Council Chamber, 13 January, 1849.
264 MESSAGES.
the House of Representatives :
I transmit, for the use of the Legislature, the Annual Report
of the Commissioner of the District of Marshpee, and the
Treasurer of the Herring Pond Indians.
GEO. N. BRIGGS.
Cou7icil Chamber, February 2, 1849.
To the Senate :
I herewith communicate, for the use of the Legislature, the
resolutions of the Legislature of the State of Virginia, on the
subject of slavery, and slavery in the territories of the United
States, which resolutions have been received from the governor
of that Commonwealth.
Also, the report of the commissioners for erecting the State
Reform School at Westborough.
GEO. N. BRIGGS.
Council Chamber, February 8, 1849.
To the Senate :
I herewith communicate, for the use of the Legislature, the
resolutions of the Legislature of the State of South Carolina,
on the subject of applying the principles of the Wilmot Pro-
viso to the territory recently acquired from Mexico.
One of those resolutions declares, in decorous, but plain
terms, that the time for discussing this subject, on the part of
the slave states, has passed, and that South Carolina is prepared
to cooperate with her sister states, in resisting the application
of the principles of the proviso to such territory at every hazard.
With undoubting confidence, that slavery may be excluded
from any territory belonging to the United States, where it
does not now exist, without the least infringement upon the
constitutional rights of the slave states, Massachusetts has
expressed her purpose of opposing such extension, as inconsist-
ent with the spirit of the Constitution, the views and inten-
tions of its framers, and the rights of humanity. It is to be
hoped that the National Legislature will promptly extend the
principles of that proviso, which are none other than the great
principles of the ordinance of 1787, over all the territory of
the Union, and leave to those who may choose to resist such a
law, to judge of their own course.
GEO. N. BRIGGS.
Council Chamber, 17 February, 1849.
To the House of Representatives :
I herewith communicate, for the use of the Legislature, the
Report of the Commissioners, appointed under the Resolve of
MESSAGES. 265
the Legislature, passed on the 10th of May, 1848, " to visit
the several tribes and parts of tribes of Indians remaining
within this Commonwealth, and to examine into their condi-
tion and circumstances, and report to the next Legislature what
legislation, in their opinion, is necessary in order best to pro-
mote the improvement and interests of said Indians."
These scattered and poor remains of tribes, who were once
the numerous and powerful occupants of our hills and valleys,
our lakes and rivers, of which advancing civilization has dis-
possessed them, have the strongest claims upon the govern-
ment of the Commonwealth to do every thing in their power
to preserve their existence, protect their rights, and improve
their condition. I commend the subject to your consideration,
with the hope that the report of the commissioners, who have
given to it great labor and attention, will lead to such legisla-
tive provisions as are demanded by justice and humanity.
GEO. N. BRIGGS.
Council Chamber, February 21, 1849.
To the House of Representatives :
I herewith transmit a communication, from the secretary of
the Commonwealth, furnishing the information called for by
an order of the House, passed on the 21st, "requesting the gov-
ernor to communicate to the House the sums paid by the Com-
monwealth for counsel fees since 1843, and to whom the same
were paid."
GEO. N. BRIGGS.
Council Chamber, February 22, 1849.
To the House of Representatives :
I transmit herewith, for the use of the Legislature, a com-
munication from S. Thayer, Lt. Col. of Engineers and Brevet
Col. in the U. S. Army, on the subject of an appropriation
made by the Congress of the United States in July, 1S48,
" for the protection of Great Brewster Island, and security
and defence of the principal ship channels into the harbor of
Boston."
By existing acts of Congress, the consent of the Legislature
to a conveyance, by the city of Boston, of so much of Great
Brewster Island, as may be necessary for the erection of a sea-
wall, for the preservation of said island, is required to be given
before the money can be expended. I commend the subject
to your early consideration.
GEO. N. BRIGGS.
Council Chamber, 28 February, 1849.
34
266 MESSAGES.
To the Senate : -
I herewith communicate, for the use of the Legislature, the
Report of the Commissioners, appointed under the Resolve of
April 7, 1847, " relating to the survey of Boston Harbor."
GEO. N. BRIGGS.
Council Chamber, March 8, 1849.
To the Senate :
By a recent decision of the supreme court of the United
States, in the case of Norris against the city of Boston, by a
bare majority of its judges, so much of a statute of this Com-
monwealth, " relating to Alien Passengers," passed the 20th of
April, 1837, as imposes a tax of two dollars on alien passengers,
is declared not to be within the constitutional power of the
State, and therefore void.
Though this judgment of the court deeply affects the inter-
ests of Massachusetts, and other Atlantic states, and is alarm-
ing to the constitutional rights of the states, and overrules the
unanimous decisions of the supreme courts of two of the states
of this Union, it is the law of the land, and is to be respected
and obeyed as such, by the people and the states of the Union,
until it shall be reversed by the same high tribunal which has
pronounced it.
Without some prompt action, on the part of the Legislature,
to protect 'the state against the unrestricted influx of aliens, of
all classes, into its territory, which must follow this unexpected
overthrow of one of its important and salutary laws, the con-
sequences to the treasury, morals, and health of the people of
the Commonwealth, may be most disastrous.
I suggest the propriety of so modifying the existing laws, as
to require the master, owner, or consignee of such vessels as
shall bring alien passengers within the limits of this State, to
execute sufficient bonds to save the State harmless from any
future charges or expenses, in supporting such aliens as pau-
pers, giving to the persons of whom such bonds shall be re-
quired, if they shall ask it, the option of paying a sum of
money for each of said alien passengers, so brought into the
State, instead of said bond, the money so paid to be appro-
priated for the support of alien paupers.
It is believed that a provision of this kind would be within
the " power of the State to protect itself from foreign paupers,
and other persons who would be a public charge," according
to the principles laid down by the majority of the court, in
the case of Norris vs. the city of Boston.
GEO. N. BRIGGS.
Council Chamber, April 21, 1849.
L I S T
OF THE
CIVIL GOVERNMENT
OF THE
COMMONWEALTH OF MASSACHUSETTS,
AND OFFICERS IMMEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR 1849.
HIS EXCELLENCY
GEORGE N. BRIGGS,
GOVERNOR,
HIS HONOR
JOHN REED,
LIEUTENANT GOVERNOR.
COUNCIL,.
JOHN CHAPMAN,
GEORGE BLISS,
WILLIAM MITCHELL,
SAMUEL WOOD,
SOLOMON DAVIS,
TIMOTHY J. GRIDLEY,
THOMAS TOLMAN,
MARSHALL P. WILDER,
JOHN AIKEN.
WILLIAM B. CALHOUN,
Secretary of the Commonwealth.
William Tufts, 1st Clerk. Charles W. Lovett, 2d Clerk
EBENEZER BRADBURY,
Treasurer and Receiver General of the Commonwealth.
Joseph Foster, 1st Clerk. John M. Bradbury, 2d Clerk.
DAVID WILDER, Jr.,
Auditor of Accounts.
SENATE.
JOSEPH BELL,
PRESIDENT.
SUFFOLK DISTRICT.
Joseph Bell, Joel Giles,
Jonathan Preston, Hosea Ilsley.
George W. Crockett,
ESSEX DISTRICT.
Charles H. Balch, Nathan W. Hazen,
Ezekiel J. M. Hale, Otis P. Lord.
Daniel C. Baker,
MIDDLESEX DISTRICT.
Albert H. Nelson, John S. Keyes,
Tappan Wentworth, Chester Adams,
Hobart Spencer, John Sargent.
WORCESTER DISTRICT.
John Brooks, Paul Whitin,
Alexander H. Bullock, Ebenezer Torrey.
Ebenezer D. Ammidown,
HAMPSHIRE DISTRICT.
Ephraim M. Wright, Cyrus Kingman.
FRANKLIN DISTRICT.
Jonathan Rlake. Charles Devens. .fv
SENATE. 9(;o
HAMPDEN DISTRICT.
Edward Parsons, Aaron King.
BERKSHIRE DISTRICT.
John Z. Goodrich, William A. Phelps.
NORFOLK DISTRICT.
David A. Simmons, Lewis Harding.
James C. Doane,
PLYMOUTH DISTRICT.
William James, Philander Washburn.
BRISTOL DISTRICT.
Cromwell Leonard, Joseph S. Borland.
James Rider,
BARNSTABLE DISTRICT.
George Copeland, John Jenkins.
NANTUCKET AND DUKES CO. DISTRICT.
William R. Easton.
CHARLES CALHOUN, Clerk.
W. P. GREGG, Assistant Clerk.
REV. ISAAC P. LANGWORTHY, Chaplain.
WILLIAM M. WISE, Doorkeeper.
JAMES N. TOLMAN, Assistant Doorkeeper.
TILS ON FULLER, Page.
HOUSE OF REPRESENTATIVES
F. B. CROWNINSHIELD,
SPEAKER.
COUNTY OF SUFFOLK.
Boston, Elisha H. Allen,
John Boles,
Osmyn Brewster,
William Brigham,
Walter Bryent,
Henry G. Clark,
Nathaniel W. Coffin,
Charles Edward Cook,
William D. Coolidge,
F. B. Crowninshield,
Benjamin R. Curtis,
William Denton,
William Eaton,
James Fowle,
William Freeman,
John C. Gray,
John P. Healey,
Samuel H. Jenks,
Lewis Jones,
Sewall Kendall,
Samuel Leeds,
J. Lothrop Motley,
Samuel S. Perkins,
John L. Phillips,
Benj. P. Richardson,
Richard Robins,
Philo Sanford,
HOUSE OF REPRESENTATIVES.
271
Boston,
Chelsea,
North Chelsea,
William Schouler,
Lemuel Shattuck,
South worth Shaw,
Benjamin Smith,
Richard Soule, Jr.,
Noah Sturtevant,
Thomas Tarbell,
John W. Warren, Jr.,
• Charles S. Cary.
COUNTY OF ESSEX.
Amesbury,
Andover,
Beverly,
B oxford,
Bradford,
Danvers,
Essex,
Georgetown,
Gloucester,
Hamilton,
Haverhill,
Ipswich,
Lawrence,
Lynn,
Lynnfeld,
Manchester,
Marblchead,
Methucn,
Middlclon,
Newbury,
Asa A. Abbott,
Paul Hildreth,
William H. Lovett,
Enoch Wood,
William Dodge, Jr.,
William Wolcott,
Simon P. Burnham,
David Chard,
Joseph Friend,
Joseph Wait,
Stephen Story,
John Carroll, Jr.,
Thomas Swasey,
John Tenney,
Jacob Atkinson,
Dennis Condry,
272
HOUSE OF REPRESENTATIVES.
Newbury port.
Ebenezer Bradbury,*
Ralph C. Huse,
Henry W. Kinsman,
Rockport,
Rowley,
John Proctor,
Salem,
Eleazer M. Dalton,
Salisbury,
JSaugus,
Topsfield,
Wenham,
West Newbury.
Henry Russell,
Joshua Safford,
Augustus Story,
John D. Symonds,
Charles W. Upham,
Joshua M. Pike, Jr.,
Charles Herrick,
Amos Gould,
COUNTY OF MIDDLESEX.
Acton,
Ashby,
Ashland,
Bedford,
Billerica,
Boxborough,
Brighton,
Burlington,
Cambridge,
Carlisle.
Charlestown,
Chelmsford,
Concord,
Dracut,
Dunstable,
Framingham,
Groton,
Holliston,
Daniel Wetherbee, 2d,
Hosea Kendall,
Reuben Chamberlin,
Joseph Breck,
Stephen T. Farwell,
Isaac Livermore,
William Wyman,
Harvey Silver,
Joseph Merrill,
Warren Nixon,
George S. Boutwell,
John Nichols,
* Elected Treasurer.
HOUSE OF REPRESENTATIVES.
273
Hopkinton,
Lexington ,
Lincoln,
Littleton,
Lowell,
Maiden,
Marlborough,
Medford,
Natick,
Newton,
Pepperell,
Reading,
Sherburne,
Shirley,
Somerville,
South Reading,
Stoneham,
Stow,
Sudbury,
Tewksbury,
Townsend,
Tyngsboro ugh ,
Walt ham,
Watertoion,
Wayland,
West Cambridge,
Westford,
Weston,
Wilmington,
Woburn.
35
William Claflin,
Philip Russell,
James Adams,
Homer Bartlett,
Samuel Burbank,
George Brownell,
Horatio G. F. Corliss,
Joseph Locke,
Stephen Moar,
Horace Parmenter,
Ransom Reed,
Obadiah W. Albee,
Marshall S. Rice,
Jacob Pratt,
George O. Brastow,
Truman Wolcott,
Enoch Kidder,
Jacob Coggin,
Joel Emery,
Zephaniah Bennett,
Nathaniel P. Banks, Jr.
John H. Richardson,
William Baldwin,
274
HOUSE OP REPRESENTATIVES.
COUNTY OF WORCESTER.
Ashburnham,
Athol,
Auburn,
Barre,
Berlin,
Blackstone,
Bolton,
Boylston,
Brookfield,
Charlton ,
Dana,
Douglas,
Dudley,
Fitchburg,
Gardner,
Grafton,
Hardwick,
Harvard,
H olden,
Hubbardston,
Lancaster,
Leicester,
Leominster,
Lunenburg,
Mendon,
Milford,
Millbury,
Neio Braintree,
Northborougli,
Northbridge,
North Brookfield,
Oakham,
Oxford,
Paxton,
Petersham,
Phillipston,
Amos Sawyer,
Nathaniel Davenport,
Nehemiah B. Stone,
Joseph H. Perry,
Charles Mason,
Thomas E. Glazier,
James E. Cheney,
William Bennett, Jr.
Ezra Sawyer,
Dwight Bisco,
Charles W. Wilder.
Horace B. Hero,
Asa H. Waters,
Henry A. Delano,
Abraham W. Seaver,
Amasa Walker,
Paul Perkins,
Seth Hapgood.
HOUSE OF REPRESENTATIVES.
275
Princeton,
Royalston,
Rutland,
Shrewsbury,
Southborough,
Southbridge,
Spencer,
Sterling,
Sturbridge,
Sutton,
Templeton,
Upton,
Uxbridge,
Warren,
Webster,
Westborough,
West Boylston,
West Brookfield,
Westminster,
Winchendon,
Worcester,
Henry Boyles,
Elmer Newton,
William F. Davis,
Lucius S. Allen,
James S. Savage,
William D. Peck,
Dwight P. Johnson.
Zadock Woodbury,
Nahum W. Holbrook,
John Dixon,
Elmer Brigham,
Eli W. Holbrook,
Elisha Murdock,
Peter C. Bacon,
Albert Tolman,
Charles White.
COUNTY OF HAMPSHIRE.
Amherst,
Belchertown,
Chesterfield,
Cummington,
Easihampton,
Enfield,
Goshen,
Granby,
Greenwich,
Hadley,
Hatfield,
Middlefield,
Northampton,
Luke Sweetser,
Henry A. Longley,
Royal Joy,
H. Bartholomew, Jr.,
Alvin Smith,
Luther Stone,
Charles S. Ferry,
Laban Marcy,
Giles C. Kellogg,
Harry Meacham,
Erastus Hopkins,
William Parsons,
276
HOUSE OF REPRESENTATIVES.
Norwich,
Pelham,
Plainfield,
Prescott,
South Hadley,
Southampton,
Ware,
Westhampton,
Williamsbu rg,
Worthington,
E. B. Wright,
Leavitt Hallock,
Andrew Hyde,
Daniel Paine,
Levi Burt,
Hiram Nash,
Elbridge Hazen.
COUNTY OF HAMPDEN.
Blandford,
Brimfield,
Chester,
Chicopee,
Granville,
Holland,
Longmeadow,
Ludlow,
Monson,
Montgomery,
Palmer,
Russell,
Southioick,
Springfield,
Tolland,
Wales,
Westfield,
West Springfield,
Wilbraham.
Amos G. Bowker,
Philip G. Hubbard,
William Hall,
Alford Cooley,
Alva Sikes,
Elisha P. Parks,
Jacob B. Merrick,
Frederick A. Barton,
Lester Dickinson,
Joseph C. Pynchon,
William StoAve,
John Wells,
Daniel D. Erving,
Hiram Hull,
Lyman Allen,
Daniel G. White,
HOUSE OF REPRESENTATIVES.
217
COUNTY OF FRANKLIN.
Ash field,
Bernardston,
Buckland,
Charlemont,
Coleraine,
Conway,
Deer field,
Erving,
Gill,
Greenfield
Hawley,
Heath,
Leverett,
hey den,
Monroe,
Montague,
Neiv Salem,
Northfield,
Orange,
Rowe,
Shelbume,
Shutesbury,
Sunderland,
Warwick,
Wendell,
Whately,
Samuel Barber,
John Clark,
Whiting Griswold.
Alpheus Moore,
William T. Giles,
Benjamin G. Putnam,
Nathaniel Lamson,
Jonas H. Winter,
Chester Bardwell, 2d.
Adams,
Alford,
Becket,
Cheshire,
Clarksburg
Dalton,
COUNTY OF BERKSHIRE.
Henry L. Dawes,
Charles Marsh,
278
HOUSE OF REPRESENTATIVES.
Egremont,
Florida,
Great Harrington,
Hancock ,
Hinsdale,
Lanesborough,
Lee,
Lenox,
Monterey,
Mount Washington,
Neio Ashford,
New Marlborough,
Otis,
Peru,
Pittsfield,
Richmond,
Sandisjield,
Savoy,
Sheffield,
Stockbridge,
Tyringham,
Washington,
West Stockbridge,
Williamstoivn,
Windsor.
Edmund Pixley,
Augustus Smith,
Monroe Emmons,
Stoddard Hubbell,
Elizur Smith,
William S. Tucker,
Richard 0. Cogswell,
Ensign H. Kellogg,
Lemuel K. Strickland,
Jonathan Trescott,
Albert F. Dickinson,
Nathan Rowley,
John G. Cross,
Cyras H. Woodruff,
Bellingham,
Braintree,
Brookline,
Canton,
Cohasset,
Dedham,
Dorchester,
Dover,
Foxboromsli.
COUNTY OF NORFOLK.
Rila Scott,
John Howe,
Lyman Kinsley,
George Beal.
William Peirce,
Edward H. R. Ruggles,
Martin Torrey.
HOUSE OF REPRESENTATIVES.
279
Franklin,
Mcclfield,
Medio ay ^
Milton,
Needham.
Quincy,
Randolph,
Roxbiiry.
Sharon,
Stoughton,
Walpole,
Weymouth,
Wrentham.
Horatio Mason,
George W. Greene,
Thomas Kingsbury,
George Marsh,
Joseph H. Billings,
Daniel Jackson,
John S. Sleeper,
Albert Johnson,
Asahel Bigelow,
COUNTY OF BRISTOL.
Attleborough,
Berkley,
Dartmouth,
Dighton,
Easton,
Fairhaven,
Fall River,
Freetown,
Mansfield,
New Bedford,
Norton,
Pawtucket,
Raynham,
Rehoboth,
Seekonk,
Somerset,
Swanzcy,
George D. Hatch,
Lemuel Barker,
Francis W. Mason,
Bradford Pratt,
George Mendell,
Isaac Wood, Jr.,
Simeon Borden,
James Ford, 2d,
Benjamin Wardwell,
Joseph Staples,
Martin M. Braley,
R. H. Williams,
Nahum Bates,
Arthur W. Aldrich,
Jonathan Slade, 2d,
Ezra P. Short.
280
HOUSE OF REPRESENTATIVES.
Taunton,
Westport.
Samuel Cain, Jr.,
Chester I. Reed,
James M. Williams,
COUNTY OF PLYMOUTH.
Abington,
Bridgewater,
Carver,
Duxbury,
East Bridgewater,
Halifax,
Hanover,
Hanson,
Hingham,
Hull,
Kingston,
Marslifield,
Middleborough,
North Bridgewater,
Pembroke,
Plymouth,
Plympton,
Rochester.
Scihiate,
Wareham,
West Bridgewater,
Zenas Jenkins, 2d,
Thomas Cushman,
Aaron Josselyn,
Azor Harris,
Edwin Inglee,
Cyrus Holmes,
Christopher C. Tilden,
John K. Oorbett.
Nathaniel Waterman.
Jesse Perkins,
Nathaniel Smith,
Elijah Dexter,
Rogers L. Barstow,
James Delano,
Jedediah Briggs,
Elijah Smith.
COUNTY OF BARNSTABLE.
Barnstable,
Brewster,
Chatham,
Dennis,
Eastham,
Falmouth.
Harwich,
Winslow L. Knowles,
Lothrop L. Bearse,
Obed Baker, 2d,
Knowles Butler,
Darius Weeks,
HOUSE OF REPRESENTATIVES
281
Orleans,
Provincetown,
Sandwich,
Truro,
Wvllfleet,
Yarmouth,
Thatcher Snow,
Stephen Hilliard,
Henry Bourne,
Henry V. Spurr,
Levi Stevens,
Caleb Lombard,
Ezekiel Crowell.
Chilmark,
EdgarioiL'n.
Tisbury.
DUKES COUNTY.
Heman Arey,
William A. Mayhew.
COUNTY OF NANTUCKET.
Nantucket, William Barney,
Joseph Mitchell,
John Morrissey,
William C. Starbuck.
Charles W. Storey, Clerk.
Rev. Rollin H. Neale, Chaplaifi.
Benjamin Stevens, S erg eant-at- Arms.
Alexis Poole, Doorkeeper.
David Murphy, Messenger.
Joseph P. Dexter, Assistant Messenger
William L. Champney, Page.
S. H. Buckingham, Page.
Erratum. — Page 87, chap. 132, third line from top, for improvement, read imprisonment.
36
Common toealtlj of piassacfjusetts
SECRETARY'S OFFICE, June 13th, 1849.
I hereby Certify, That the printed Acts, Resolves, &c, contained in this
pamphlet, are true copies of the originals in this office.
WILLIAM B. CALHOUN,
Secretary of the Commonwealth.
GENERAL AND SPECIAL
Sbtattttf £
OF
MASSACHUSETTS.
1850.
An Act to continue in force an Act incorporating the Hope Insurance ChciX) 1
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 Hope Insurance Company, incorporated in the year 1829, ch. 99.
one thousand eight hundred and thirty, shall continue as a
body corporate ; and the act incorporating the same, to-
gether with an additional act, passed in the year one thou-
sand eight hundred and thirty-one, shall both remain in 1830, ch. 75.
force for the term of twenty years from the twelfth day of Continued 20
March, in the year one thousand eight hundred and fifty, years'
with all the powers and privileges, and subject to all the Powers and
duties, liabilities, and restrictions, set forth in the thirty- Rutss'ch. 37 44
seventh and forty-fourth chapters of the Revised Statutes, and subsequent
and in all statutes, subsequently passed, relating to insur- s
ance companies. [Approved by the Governor, January 25,
1850.J
An Act to authorize Thomas R. Whorf, junior, to build a Wharf. Chap. 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 :
Thomas R. Whorf, junior, is hereby authorized to build In Province-
a wharf from his land, adjoining the harbor of Province- town"
town, and to extend said wharf to six feet of water at low
tide, and shall have the right to lay vessels at the end and
37
284
1850.
-Chap. 2—5.
sides of said wharf, and to receive wharfage and dockage
Proviso. therefor : provided, that this grant shall in no wise impair
the legal rights of any person whatever. [Approved by
the Governor, January 25, 1850.]
Chap. 3.
1849, ch. 193.
Time to con-
struct extended
to May 1st,
1851.
An Act concerning the Medway Branch Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The time fixed by the original act incorporat-
ing the Medway Branch Railroad Company, for the con-
struction of said railroad, is hereby extended one year from
the first day of May next.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, February 2, 1850.]
Chap. 4.
1846, ch. 247.
1847, ch. 101.
1848, ch. 34.
Time for com-
pleting; con-
tinued to May
1st, 1851.
An Act concerning the Fitchburg and Worcester Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The time
Railroad Company may complete their road, is hereby ex-
tended to the first day of May, eighteen hundred and fifty-
one. [Approved by the Governor, February 2, 1850.]
within which the Fitchburg and Worcester
Chap. 5. An Act concerning Damages for Defects in Highways and other Ways.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Kind of action. Sect. 1. If any person has heretofore received or suf-
fered, or shall hereafter receive or suffer, any bodily injury,
or any damage in his property, through any defect or want
of repair, or off sufficient railing in or upon any highway,
townway, caiaseway, or bridge, he may recover in a spe-
cial action of' the case, of the county, town, or persons who
are, by lawf obliged to repair the same, the amount of dam-
age sustained thereby, if such county, town, or persons had
Notice. reasonable notice of the defect, want of repair, or of suffi-
cient railing, or if the same had existed for the space of
twenty-four hours previous to the occurrence of the injury
Repeal of dou-
ble damages.
Proviso.
or damage.
Sect. 2. The twenty-second section of the twenty-fifth
chapter of the Revised Statutes is hereby repealed : pro-
vided, that this act shall not affect any action for the re-
covery of such damages, in which a verdict may or shall
have been rendered before this act shall take effect. [Ap-
proved by the Governor^ February 2, 1850.]
1850. Chap. 6. 285
An Act for the protection of the Fisheries, in the vicinity of Nantucket. Chan. 6.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. From and after the first day of July next, it Prohibition to
shall not be lawful for any person, or persons, to take any lakef,s1'-
fish, by seining, within one mile from the shores of Nan-
tucket, Tuckernuck, Smith's, Muskeeket, and Gravel
Islands.
Sect. 2. The provisions of the sixteenth section of the R. s. ch. 55,
fifty-fifth chapter of the Revised Statutes, in regard to the eTtoNamS"
town of Chatham, shall be, and the same are hereby, ex- et.
tended to the town of Nantucket.
Sect. 3. Every person violating any provisions of this Forfeiture.
act, shall forfeit and pay, for each offence, the sum of fifty
dollars.
Sect. 4. The said town of Nantucket is hereby author- Fishwardens.
ized to choose, at the annual town meeting, or at any
meeting duly warned for that purpose, such number of
fishwardens as may at the time be deemed necessary, who
shall be sworn to the faithful discharge of their duty, Duties,
whose duty it shall be to prosecute for every offence
against any provisions of this act.
Sect. 5. If any boat or craft shall be found, within or Duty in regard
without the limits aforenamed, with fish of any kind on ^aUng this'
board, taken within said limits, contrary to the provisions law.
of this act, it shall be the duty of said fishwardens to seize
such boat or craft, and detain the same, not exceeding for-
ty-eight hours, in order that the same may be attached or
arrested by due process of law, for the better security of
the payment of the penalty for the violation of the provis-
ions of this act, together with the costs of suit : provided, Proviso,
however, that as soon as the master or owner of such boat
or craft shall pay such penalty to the treasurer of the town
of Nantucket, (if he pay the same before being sued there-
for,) such boat or craft shall be discharged, with the effects
therein.
Sect. 6. All fines and penalties, recovered and received Fines, &c, how
by virtue of this act, shall go, one half to the treasurer of dlsPosed of—
Nantucket, for the use of said town, the other half to the
complainant ; and said forfeitures, fines, or penalties, may
be recovered, together with legal costs of suit, by an action —how rccover-
of debt, in any court of record proper to try the same. e
[Approved by the Governor, February 5, 1850.]
286 1850. Chap. 7—9.
Chap. 7. An Act t° confirm certain acts done by William Minot, as Justice of the
Peace.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
What acts con- All acts done by William Minot, of Boston, in the coun-
ty of Suffolk, Esquire, as a justice of the peace and of the
quorum within and for all the counties in the Common-
wealth, between the tenth day of January, of the year one
thousand eight hundred and forty-five, and the first day of
June, of the year one thousand eight hundred and forty-
nine, be, and they hereby are, made valid and confirmed,
to the same extent as they would have been valid, had he
been, during that interval, duly qualified to discharge the
duties of the said offices. [Approved by the Governor, Feb-
ruary 5, 1850.]
Chdp. 8. An Act to incorporate the Grafton High School Association.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. Jonathan Warren, Winthrop Faulkner, Jona-
than D. Wheeler, their associates and successors, are hereby
made a corporation, by the name of the Grafton High
School Association, to be established in the town of Graf-
Powers and du- ton, in the county of Worcester, with all the powers, and
its. ch.44. subject to all the duties, restrictions, and liabilities, set
forth in the forty-fourth chapter of the Revised Statutes.
Real and per- Sect. 2. Said corporation may hold real and personal
sonai estate. estate, to the amount of six thousand dollars, exclusive of
books and apparatus devoted to the purposes of education.
[Approved by the Governor, February 5, 1850.]
Chap. 9. An Act to extend the time for paying in the Capital Stock of the Cochit-
" ' uate Fire Insurance Company.
1848' Ch ill 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 Cochit-
i8^arch 15' uate ^re Insurance Company is, by law, required to be
paid in, is hereby extended to the fifteenth day of March,
in the year one thousand eight hundred and fifty-one.
[Approved by the Governor, February 5. 1850.]
1850. Chap. 10—11. 287
An Act to continue in force the Act to incorporate the Fireman's Insur- Chat). 10.
ance Company, in the City of Boston. "'
BE it enacted by the Senate and House of Representa- !o«I'c!?' II;
J ■ r , 18.58, cb. 130.
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The act passed on the tenth day of June, in Continued 20
the year one thousand eight hundred and thirty-one, enti- ^[g^0"1 June
tied " an act to incorporate the Fireman's Insurance Com-
pany, in the city of Boston," and the act entitled "an act
in addition to an act to incorporate the Fireman's Insur-
rance Company, in the city of Boston," passed April seven-
teenth, in the year one thousand eight hundred and thirty-
eight, shall severally be and remain in force for the term
of twenty years, from and after the tenth day of June, in
the year one thousand eight hundred and fifty-one ; and
said company shall continue to be a corporation through
that term, under the name of the Fireman's Insurance
Company ; with all the powers and privileges, and subject Powers and du-
to all the duties, liabilities, and restrictions, set forth in the ^'and fubse-
thirty-seventh chapter of the Revised Statutes, and in all quent statutes,
subsequent acts concerning insurance companies, so far as
they are applicable to the corporation hereby continued.
Sect. 2. The capital stock of the said company shall Capital stock.
be three hundred thousand dollars, and shall be divided
into shares of twenty-five dollars each, and shall be in- Shares,
vested according to the laws of this Commonwealth ; and
the said company may purchase, hold, and convey, any es-
tate, real or personal, for the use of said company: pro- Proviso as to
vided, that they shall not hold real estate exceeding the estate'
value of one hundred thousand dollars, excepting such as
may be taken for debt by said company, or held as collat-
eral security for debts due to them. [Approved by the Gov-
ernor, February 7, 1850.]
An Act to continue in force the Act to incorporate the National Insur- Chap. 1 1 .
ance Company. "'
BE it enacted by the Se?iate and House of Representa- J||f' cj1- **•
tives, in General Court assembled, and by the authority of 1833J ch! 3.
the same, as follows :
Sect. 1. The act passed on the eighteenth day of June, Continued 20
in the year one thousand eight hundred and twenty-five, Februa^^s
entitled an act incorporating the J£tna Insurance Com- 1852.
pany, in Boston ; the act passed on the eighteenth day of
February, in the year one thousand eight hundred and
thirty-two, entitled an act to change the name of the
iEtna Insurance Company, and for other purposes ; and
the act passed on the twenty-first day of January, in the
288
1850.
-Chap. 11—13.
year one thousand eight hundred and thirty-three, entitled
an act giving additional powers to the National Insurance
Company, shall severally be and remain in force for the
term of twenty years, from and after the eighteenth day of
February, in the year one thousand eight hundred and
fifty-two ; and said company shall continue to be a corpo-
ration through that term, under the name of the National
Powers and da- Insurance Company, with all the powers and privileges,
37S'and aii°sub- an(^ subject to all the duties, liabilities, and restrictions, set
forth in the thirty-seventh chapter of the Revised Statutes,
and in all subsequent acts concerning insurance companies,
so far as they are applicable to the corporation hereby con-
tinued.
Sect. 2. The capital stock of the said company shall
be five hundred thousand dollars, and shall be divided into
shares of fifty dollars each.
Sect. 3. The said company may purchase and hold
real estate, within this Commonwealth : provided, their
real estate shall not exceed the value of one hundred thou-
sand dollars, excepting such as may be taken for debt, or
held as collateral security for moneys due to said company.
[Approved by the Governor, February 7, 1850.]
sequent stat
utes
Capital stock.
Shares.
Real estate.
Proviso.
Chap. 12. An Act to repeal in part the Act to incorporate the United Interest Insur-
ance Company, and to extend the tune for paying in its Capital Stock.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. So much of the third section of the act to in-
corporate the United Interest Insurance Company, passed
on the sixteenth day of February, in the year one thousand
eight hundred and forty-nine, as requires the capital stock
to be divided into shares of one hundred dollars each, is
hereby repealed, and said stock shall be divided into shares
of fifty dollars each.
Sect. 2. The time within which the capital stock of
said United Interest Insurance Company is, by law, re-
quired to be paid in, is hereby extended to the first day of
April, in the year one thousand eight hundred and fifty-
one. [Approved by the Governor, February 7, 1850.]
1849, ch. 21.
1849, ch. 21,
sec. 3, modified
Shares to be
Time for pay-
ing in capital
stock extended
to April 1,1851
ChdV 13. ^n -^CT to eiu"arge ^e Powers of the Hampshire Mutual Fire Insurance
■* * Company.
1829, ch. 72. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
May insure Sect. 1. The Hampshire Mutual Fire Insurance Com-
CommWaUh. pany is hereby authorized and empowered to insure per-
1850. Chap. 13—15. 289
sonal property, wherever situate, within this Common-
wealth, against loss or damage by fire, to an amount not Amount.
exceeding three -fourths of its cash value, for a term not
exceeding seven years : 'provided, that, at a legal meeting Proviso.
of the members of said company, called for the purpose, a
majority of those in interest shall vote to accept the same.
Sect. 2. This act shall take effect from after its accept- When to take
ance by the company. [Approved by the Governor, Feb- eflect'
ruary 7, 1850.]
An Act to incorporate the Manufacturers and Mechanics Insurance ChdD \A
Company. -* '
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Samuel Chase, W. R. Whittier, T. M. Hayes, Corporators,
their associates and successors, are hereby made a corpora-
tion, for the term of twenty years from the passage of this For 20 years.
act, by the name of the Manufacturers and Mechanics In-
surance Company, in the town of Haverhill, for the pur- i„ Haverhill
pose of making insurance against maritime losses, and
against losses by fire; with all the powers and privileges, Powers and du-
and subject to all the duties, restrictions, and liabilities, set pesg , 37 ..
forth in the thirty-seventh and forty-fourth chapters of the
Revised Statutes.
Sect. 2. Said corporation may hold real estate ; pro- Real estate.
vided, said real estate shall not exceed twenty thousand
dollars in value, excepting such as may be taken for debts,
or held as collateral security for money due to said com-
pany.
Sect. 3. The capital stock of said company shall be Capital stock.
fifty thousand dollars, with liberty to increase it to an
amount not exceeding two hundred and fifty thousand dol-
lars : provided, that not less than fifty thousand dollars Proviso.
shall be paid in as capital, within two years from the pas-
sage of this act. [Approved by the Governor, February 7,
1850.]
An Act in addition to an Act to establish the City of Roxbury. Chew 15
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of i847' cch' 19g
the same, as follows : 1848> eh. 39.
Sect. 1. The several municipal officers whose election Concerning
by the people is provided for in the act to which this is in eIecti°ns of offi-
addition, shall, subsequently to the March election of the
present year, be chosen on the second Monday of December,
annually, and shall enter upon the duties of their respective
38
290
1850.-
-Chap. 15—16.
Repeal.
Of filling va-
cancies.
Lists of jurors.
Same.
This act to be
approved by
the voters.
Tenure of of-
fice.
When to take
effect.
offices on the first Monday in January, each year ; but the
officers chosen for the municipal year, commencing with the
first Monday of April next, shall hold their offices only
until the first Monday of January ensuing.
Sect. 2. So much of the sixth section of the act to
which this is in addition, as relates to warden, clerk, and
inspectors, is hereby repealed.
Sect. 3. Any vacancy in the office of overseer of the
poor, assistant assessor, or school committee, may be filled
in the manner provided in the sixth section of the act to
which this is in addition, for filling vacancies in the com-
mon council.
Sect. 4. The list of jurors, in the city of Roxbury, shall
be prepared by the mayor and aldermen of the city, in the
same manner as is required, in the ninety-fifth chapter of
the Revised Statutes, to be done by the selectmen, within
and for their respective towns ; and the lists, when made
out by the mayor and aldermen, shall be submitted to the
common council, for concurrent revision or amendment.
Sect. 5. The said mayor and aldermen, and the clerk
of the city, shall severally have, and exercise, all the pow-
ers and duties, with regard to the drawing of jurors, in the
city of Roxbury, and all other matters relating to jurors
therein, which are, in the ninety-fifth chapter of the Re-
vised Statutes, required to be performed by the selectmen
and town clerks, in their respective towns ; and all venires
for jurors to be returned from Roxbury, shall be served on
said mayor and aldermen.
Sect. 6. This act shall be void, unless approved by the
voters of Roxbury, at meetings held simultaneously in the
several wards, upon notice duly given, at least seven days
before the time of said meetings, and within thirty days
after the passage of this act.
Sect. 7. The mayor and ward officers chosen under
this act shall hold their respective offices for one year, and
until others shall have been chosen in their places and
qualified to act.
Sect. 8. This act shall take effect from and after its
passage. [Approved by the Governor, February 12, 1850.]
Chap. 16.
An Act to authorize Alexander Baxter and others to construct a Marine
Railway.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as follows :
Alexander Baxter, and his associates, are hereby author-
ized to construct and maintain a marine railway, from their
1850. Chap. 16—19. 291
land adjoining Lewis's bay, in the harbor of Barnstable, and Location in
to extend the same three hundred feet into the waters of
said bay ; also, to drive piles in said bay in such manner
as may be necessary for the safe and convenient use of said
railway : provided, this grant shall in no wise impair the Proviso.
legal rights of any person whatever. [Approved by the
Governor, February 12, 1850.]
An Act to change the name of the Norfolk County Health Insurance Com- ChaYi 1 *t
pany, and to enlarge its powers. -* '
BE it enacted by the Senate and House of Representa- 1848 ch 32S
fives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Norfolk County Health Insurance Com- New name.
pany is hereby authorized to take the name of the Franklin
Health Assurance Company.
Sect. 2. Said company may assure, to the holders of Powers,
its policies, an allowance in money, for the time during
which they shall be unable to transact business, or labor in
their accustomed vocation, in consequence of personal inju-
ries, resulting from accident, or otherwise. [Approved by
the Governor, February 12, 1850.]
An Act to authorize Henry J. Tudor to extend his Wharf. Chan 1 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 :
Henry J. Tudor is hereby authorized to extend his wharf, L» Hull,
from land in his possession in the town of Hull, fifteen feet
into the channel, and shall have the right to lay vessels at
the end and sides of said wharf, and receive wharfage
and dockage therefor : provided, this act shall in no wise Proviso.
impair the legal rights of any person. [Approved by the
Governor, February 12, 1850.]
An Act to continue in force an Act to incorporate the Bristol County Chew 19
M utual Fire Insurance Company. -*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The act to incorporate the Bristol County Mutual Fire Continued 28
Insurance Company, passed on the thirteenth February, in Feb. i3? 1857.
the year one thousand eight hundred and twenty-nine, shall
be and remain in force, for the term of twenty-eight years
from the thirteenth day of February, in the year one thou-
sand eight hundred and fifty-seven. And the said corpora-
tion shall be continued through that term, with all the
292
1850.-
-Chap. 19—21.
Powers and du- powers and privileges, and subject to all the duties, re-
37, 44, and sub. strictions, and liabilities, set forth in thirty-seventh and
sequent statutes, forty-fourth chapters of the Revised Statutes, and in all
the statutes subsequently passed relating to mutual fire
insurance companies. [Approved by the Governor, Feb-
ruary 12, 1850.]
Chap. 20.
Vol. 1, Special
Laws, 24; 228.
Vol. 3, do. 178.
Of counsellors
and censors,
elected by dis-
trict societies.
Of thp annual
meeting.
Income of per-
manent fund to
defray current
expenses.
Repeal.
An Act in addition to the several Acts in relation to the Massachusetts
Medical Society.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Each of the district societies, into which the
Massachusetts Medical Society has been, or may be divided,
may elect, annually, by ballot, from among its members,
the counsellors and censors, to which, by the by-laws of
the society, it may be entitled ; and such counsellors and
censors shall hold their respective offices for the year next
ensuing, and until others have been elected in their places.
Sect. 2. The annual meeting of the society may be
held in such one of the principal towns or cities of the
Commonwealth as the society or the counsellors shall, from
year to year, determine ; and the first stated, or annual
meeting, of the counsellors, shall be held in the same place,
and within thirty days before or after said annual meeting,
as the society shall, in their by-laws, direct.
Sect. 3. The Massachusetts Medical Society is hereby
authorized to use the annual income of their permanent
fund, to defray their current expenses.
Sect. 4. All acts and parts of acts, inconsistent here-
with, are hereby repealed. [Approved by the Governor,
February 12, 1850.]
Chap. 21.
12 per cent, on
balance due to
mortgagee, in
case, &c.
An Act in relation to Mortgages.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
When, on the hearing of a bill in equity, hereafter com-
menced, to redeem a mortgaged estate into which the mort-
gagee has entered for the purpose of foreclosure, it shall
appear to the court that the mortgagee has not unreasona-
bly neglected or refused to render a true account of the
rents and profits of the mortgaged estate, the court shall
have power to award to the mortgagee, (in addition to the
balance found due to him on the mortgage,) interest on
such balance, from the expiration of three years after such
entry to the time of rendering judgment in the suit, at a
1850. Chap. 21— 22. 293
rate not exceeding twelve per cent, a year. [Approved by
the Governor, February 13, 1850.]
An Act to ascertain the Ratable Estate within this Commonwealth. Chat). 22.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The assessors for each town, district, and other Duties of as-
place within this Commonwealth, for the year one thou- j^rJtuiusTf "
sand eight hundred and fifty, shall, on or before the first ratable estate in
day of September next, take and lodge in the secretary's wealth,"1™ the
office a true and perfect list, conformably to the list here- Secretary, be-
i. ' •• lore ocntcrnncr.
unto annexed, of all male polls, of twenty-one years old
and upwards, whether at home or abroad, distinguishing
such as are exempted from taxation ; and of all ratable
estate, both real and personal, lying within their cities,
towns, districts, and other places not exempted by law from
paying State taxes, expressing by whom occupied or pos-
sessed, particularly mentioning dwelling-houses and shops
under the same roof, or adjoining thereto, shops separate
from them, distil-houses, tan-houses, ware-houses and stores,
wharves, oil factories of all kinds, grist-mills, fulling-mills,
saw-mills, iron works and furnaces, and all other buildings
and edifices of the value of twenty dollars and upwards, and
the number of tons of vessels and small craft of every kind,
upwards of five tons burden, computing the same according
to the rules established by the laws of the United States,
whether at home or abroad, and the amount of each per-
son's whole stock in trade, including all goods, wares, and
merchandise, at home or abroad, paid for, or not paid for ;
also, those in their hands by factorage, also government
securities of all kinds, particularly distinguishing securities
of the United States, and all other moneys at interest, more
than any creditor pays interest for ; also, the whole amount
of moneys on hand, including such as may be deposited in
any bank, or other incorporated company, or with any
agent, the amount of stock held by the stockholders in any
bank or insurance company, and snares or property in any
incorporated company for a bridge, canal, turnpike, or rail-
road, and shares or property in any other incorporated com-
pany possessing taxable property ; the number of ounces of
plate of all kinds exceeding twenty dollars in value ; the
number of horses, neat cattle, sheep and swine, of the
respective ages in the said list mentioned : provided, how-
ever, that all the machinery employed in any branch of
manufactures, and belonging to any corporation, copartner-
ship, person or persons, of this or any other state, shall be
294 1850. Chap. 22.
taken and returned in the respective cities, towns, districts,
or other places wherein such machinery may be situated or
employed ; and provided further, that in taking and return-
ing the shares in any manufacturing corporation, there shall
first be deducted therefrom the value of the machinery and
real estate belonging to such corporation. And the said
assessors, in taking the said valuation, shall distinguish the
different improvements of land, and return the list in the
following manner, viz., the number of acres of pasture land,
with the number of cows, with the after-feed of the whole
farm, the same land will keep ; the number of acres of til-
lage land, annually improved for that use ; the number of
bushels of grain and corn of all sorts, the same will yearly
produce ; the number of acres of English upland and fresh
meadow mowing land, with the tons of hay of each sort
annually produced therefrom ; the number of acres of salt
marsh, with the tons of hay annually produced therefrom ;
also, all cow rights, and all wood-land of every sort, and
lands belonging to any town, or other proprietary, im-
proved or unimproved ; also, the number of acres improved
for roads, and covered with water, according to the best
estimation of the assessors, and all such lands, the own-
ers or occupiers of which are holden to pay a quit-rent to
Harvard College, pursuant to the direction of the original
donor or donors, that the same may be considered in the ,
valuation which may be established in pursuance of this
act, excepting all the estates belonging to Harvard, Wil-
liams, and Amherst Colleges, and to incorporated theologi-
cal institutions and academies ; and also, the estate belong-
ing to the Massachusetts General Hospital, and improved
for the purposes of that institution ; provided, always, that
the several articles of the produce of the lands, herein-
before enumerated, shall not be taken into consideration in
forming a valuation, for any other purpose than for ascer-
taining the relative value of lands in the various parts of
the Commonwealth. And the said assessors, in taking the
valuation of the property aforesaid, shall estimate the same
at its fair, cash, market value ; and shall cause all the
columns of the several articles contained in the several
lists, to be carefully cast up and footed, and the lists of the
polls and ratable estates, to be taken as aforesaid, shall be
taken as of the first day of May next.
Astounincorpo- Sect. 2. It shall be the duty of the assessors of the
em ory. 0j^est incorporated town adjacent to any unincorporated
territory, within the same county, to make a valuation of
the polls and estates of such unincorporated territory, agree-
ably to the provisions of this act, and keep an account of
1850. Chap. 22. 295
the expenses incurred in making the same, with a view to
its future assessment upon the polls and estates of such
unincorporated territory.
Sect. 3. The said assessors, before they enter on this Form of oath.
work, shall take the following oath or affirmation, viz. :
You, A. B., being chosen an assessor for the year one thou-
sand eight hundred and fifty, do swear, (or affirm,) that
you will faithfully and impartially, according to your best
skill and judgment, do and perform the whole duty of an
assessor, as directed and enjoined by an act of this Com-
monwealth, made in the present year, entitled " an act to
ascertain the ratable estate within this Commonwealth,"
without favor or prejudice. So help you God. Which
oath or affirmation may be administered by such officers as
are now authorized by law to administer the usual oaths to
town officers. And each and every assessor shall be al- Compensation.
lowed by the town, city, district or other place to which he
belongs, the sum of one dollar and twenty-five cents, for
every day which he shall be necessarily employed in doing
the duties enjoined by this act.
Sect. 4. If any assessor of any city, town, district, or Penalty fomeg-
other place, within this Commonwealth, for the year afore- lectofdut.v-
said, shall refuse to take such oath or affirmation, or, hav-
ing taken the same, shall neglect or refuse to do or perform
all the duties required by this act, or shall act in any way
fraudulently or deceitfully therein, he shall, for each of those
offences, forfeit and pay a fine of not less than one hundred
dollars, nor more than two thousand dollars, at the discre-
tion of the court before whom trial shall be had. And
every person liable to be taxed, and not out of this Com-
monwealth on and from the first day of May next, to the
first day of August next, who shall refuse, or wilfully neg-
lect to give the assessors in writing, and on oath or affirma-
tion, if required, (which oath or affirmation the said assess-
ors are hereby respectively empowered to administer,) a
true account of all his or her ratable estate, according to
the true intent and meaning of this act, shall be doomed Dooming,
by the said assessors, according to their best skill and judg-
ment, to the full amount of his or her ratable estate ; and
the oath last mentioned shall be in the following form, viz. :
You, C. D., do swear, (or affirm,) that all your ratable Oath,
estate, conformable to this list, here shown by you, doth
not exceed this account, by you now exhibited, according
to your best knowledge and judgment. So help you God ;
— provided, nevertheless, that every person conscientiously Proviso, as to
scrupulous of taking an oath, in the form required by law, affirmation-
who shall be required to take either of the oaths aforesaid,
296 1850 Chap. 22.
shall be excused therefrom, upon solemnly and sincerely
affirming the truth of the declaration therein contained,
under the pains and penalties of perjury.
Secretary to Sect. 5. The secretary of the Commonwealth shall
^•ansmi an s, cauge t0 ^e panted blank tables, conveniently arranged
with columns headed with appropriate denominations, for
the returns of the particulars indicated in this act, and shall
furnish a sufficient number of copies thereof, together with
a copy of this act, to the assessors of each town.
Assessors to Sect. 6. The assessors in each town, district, or other
send to the place in this Commonwealth, for the year one thousand
secretary a. *■ i j
copy of the vai- eight hundred and fifty, shall, on or before the said first day
uation for 1849. 0f September next, transmit to the secretary's office a true
and attested copy of the valuation by which the assessors
of the said towns, districts, and other places, made the
town and county taxes in their respective towns, districts,
or other places, for the year one thousand eight hundred
and forty-nine. And all fines and forfeitures, arising by
this act, may be recovered in the supreme judicial court of
this Commonwealth, by information filed in the same court
by the attorney general. And the secretary is hereby
required to furnish the attorney general with a list of the
towns, districts, and other places, the assessors of which
shall neglect to lodge in his office a list of the polls and
estates, agreeably to the provisions of the first section of
this act, to the end that they may be prosecuted at the dis-
cretion of said officer.
Form of lists. Sect. 7. The following shall be the form of the lists
for the valuation of the year one thousand eight hundred
and fifty : — A list of the polls and estates, real and person-
al, of the several proprietors and inhabitants of , in
the county of , taken pursuant to an act of the
Legislature of this Commonwealth, passed in the year one
thousand eight hundred and fifty, entitled " an act to
ascertain the ratable estate within this Commonwealth,"
by the subscribers, assessors of the town of , duly
elected and sworn. Number of polls ratable, twenty-one
years old and upwards. Number of male polls not taxed
nor supported by the town. Number of male polls sup-
ported by the town. Number of dwelling-houses. Num-
ber of shops within or adjoining to dwelling-houses. Num-
ber of other shops. Number of distil-houses. Number of
breweries. Number of tan-houses. Number of ware-houses
and stores. Number of rope-walks. Number of grist-mills.
Number of carding machines, with their buildings. Num-
ber of fulling-mills. Number of saw-mills. Number of
small-arm manufactories, with their buildings. Number of
1850. Chap. 22. 297
slitting-mills and nail-machines. Number of cotton facto-
ries. Number of spindles in the same. Number of looms
in the same. Number of woollen factories. Number of
spindles in the same. Number of looms in the same.
Number of linen factories. Number of spindles in the
same. Number of looms in the same. Number of estab-
lishments for printing silks and calico. Number of bleach-
eries. Number of paper-mills. Number of other mills.
Number of iron works and furnaces. Number of oil facto-
ries of all kinds. Number of glass factories. Number of
card factories. Number of barns. Number of superficial
feet of saltworks. Number of all other works, buildings
and edifices, of the value of twenty dollars and upwards.
Number of superficial feet of wharf. Number of tons of
vessels and small craft, of five tons and upwards, at home
or abroad. The amount of every person's whole stock in
trade, including all goods, wares and merchandise, at home
and abroad, paid for or not paid for, and also, those in their
hands by factorage. The amount of securities of the
United States, of this State, or any other government, and
at what rate of interest. The amount of money at in-
terest, more than any creditor pays interest for. The
amount of money on hand, including such as may be de-
posited in any bank or incorporated company, or with any
agent. The amount of stock held by the stockholders in
any bank or insurance company. Number of shares in any
bridge, canal, turnpike or railroad, and the value of such
shares, with the annual income thereof. The number and
value of shares, or the amount of property in any other
incorporated company possessing taxable property. Num-
ber of ounces of plate of all kinds, exceeding twenty dollars
in value. Number of acres of tillage land, including or-
chards tilled. Number of bushels of wheat. Number of
bushels of rye. Number of bushels of oats. Number of
bushels of Indian corn. Number of bushels barley, raised
on the said tillage land by the year. Number of pounds of
hops. Number of tons of hemp. Number of tons of flax.
Number of tons of broom corn. Number of acres of
English and upland mowing, including orcharding mowed.
Number of tons of hay, the yearly produce of the same.
Number of acres of salt-marsh. Number of tons of hay,
the yearly produce of the same. Number of acres of fresh
meadow. Number of tons of hay, the yearly produce of
the same. Number of acres of pasturage, including or-
charding pastured. Number of cows the same will keep,
with the after-feed of the whole farm. Number of cow
rights. Number of acres of wood-land, exclusive of pasture
39
298 1850. Chap. 22—23.
land enclosed. Number of acres of unimproved land.
Number of acres of land unimprovable. Number of acres
of land owned by the town, or other proprietary. Number
of acres of land used for roads. Number of acres of land
covered with water. Number of horses one year old and
upwards. Number of mules and asses one year old and
upwards. Number of oxen four years old and upwards.
Number of cows three years old and upwards. Number of
steers and heifers of one year old and upwards. Number
of sheep six months old and upwards. Number of swine
six months old and upwards. The value and description
of all other ratable estate, not before enumerated. The
amount of real estates doomed. The amount of personal
estates doomed. [Approved by the Governor, February
14, 1850.]
Chan 23 ^n ^CT 'n Edition t0 an Act for incorporating the several Religious
* ' Societies in Newburyport, in the County of Essex.
Laws' if P49oal BE it enacted by the Senate and House of Representa-
Voi. 2, p. 389, lives, in General Court assembled, and by the authority of
the same, as follows :
Pleasant Street Sect. 1. The Proprietors of the Pleasant Street Church,
Church in Now- m Newburyport, are hereby declared to be the same corpo-
corporati'on ration made by the act to which this is in addition, under
acUnto" ihe tne name °f " The First Religious Society in Newbury-
Speciai Laws, port," with all the powers and privileges, and subject to all
p. 490, § i. ^ Cities, restrictions, and liabilities, contained in said act,
so far as the same may now be applicable to said society,
and consistent with the laws of this Commonwealth.
Provision for Sect. 2. The said proprietors are hereby authorized
demands °f anc^ empowered to assume, and to make suitable provision
for the payment of all legal demands, existing against said
society ; and all contracts heretofore made by said society,
with its minister or other persons, shall devolve and be
binding upon said proprietors, in their corporate capacity,
whenever they shall be duly invested with a, good and
sufficient title to all the property, whether in real or personal
estate, which said society may possess, or be legally en-
titled to.
This act to be Sect. 3. This act shall take effect whenever it shall
sociePyeandy lhe have been accepted by a majority of the members of said
church. society, and a majority of the proprietors of said church,
who may be present at any meetings of said society and of
said proprietors, which may be duly and legally notified
Proviso. for that purpose : provided, however, that the provisions of
the second section of this act shall first have been complied
with.
1850. Chap. 23—26. 299
Sect. 4. So much of the act to which this is in addi- Repeal.
tion, as is inconsistent with this act, is hereby repealed.
[Approved by the Governor, February 15, 1850.]
An Act in addition to an Act to establish the City of New Bedford. Chap. 24.
BE it enacted by the Senate and House of Representa- R aled 1847
lives, in General Court assembled, and by the authority of ch 60.
the same, as follows :
SecT. 1. The qualified voters of the city of New Bed- or the election
ford, at their annual ward meetings, shall, in addition to the °
assessors they are now authorized to elect, by the eleventh
section of the sixtieth chapter of the acts of the year one
thousand eight hundred and forty-seven, elect two assessors 1847, ch. 60,
at large, and the assessors so chosen shall, with those now *
authorized to be elected, constitute the board of assessors,
which board shall exercise the powers, and be subject to
the duties and liabilities, of assessors of towns.
Sect. 2. This act, if accepted by the city council of
New Bedford, shall take effect from and after its accept-
ance. [Approved by the Governor, February 16, 1850.]
An Act to repeal " An Act regulating the Sale of Anthracite Coal." Chan 25
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of 8 ' c '
the same, as follows :
The one hundred and forty-third chapter of the acts of
the year one thousand eight hundred and forty-nine, en-
titled, "an act regulating the sale of anthracite coal," is
hereby repealed. [Approved by the Governor, February
16, 1850.]
An Act to incorporate the Bay State Iron Company. Chan 26
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. John M. Forbes, Frederick H. Bradlee, George Corporators.
B. Upton, their associates and successors, are hereby made
a corporation, by the name of the Bay State Iron Com-
pany, for the purpose of working and manufacturing iron,
in the city of Boston, county of Suffolk, with all the in Boston,
powers and privileges, and subject to all the duties, restric- Powers and
tions, and liabilities, set forth in the thirty-eighth and Rutgs'ch 38 44
forty-fourth chapters of the Revised Statutes.
Sect. 2. Said corporation may hold real and personal Real and per-
, * • . /• ,1 c ■ -1 sonal estate.
estate, necessary and convenient tor the purposes aforesaid,
not exceeding in amount five hundred thousand dollars.
Sect. 3. No shares in the capital stock of said corpora- Proviso, as to
value of shares.
300 1850. Chap. 26—28.
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which
shall be first issued. [Approved by the Governor, Febru-
ary 18, 1850.]
Chan ^7 ^n -^CT concermn£ Bonds to Dissolve Attachments.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Masters in Sect. 1. The masters in chancery, in the several coun-
ch^ncei7 em ^es' s^a^ perform the duty of approving bonds to dissolve
attachments, heretofore incumbent on the justices of the
supreme judicial court or the justices of the court of com-
mon pleas.
Fees. Sect. 2. The fee shall be, one dollar for the hearing
and decision, and fifty cents for the citation in each case,
and, if the attachment is dissolved, such sums shall be
taxed in the defendant's costs, when he shall be the pre-
vailing party in the suit in which such attachment was
made. [Approved by the Governor, February 18, 1S50.]
ChttV. 28. -^n ACT *° incorporate the East Bridgewater Iron Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. Cushing Mitchell, Aaron Hobart, junior, J. M.
Leonard, their associates and successors, are hereby made a
corporation, by the name of the East Bridgewater Iron
Company, for the purpose of manufacturing and working
upon iron, in the town of East Bridgewater, in the county
Powers and of Plymouth, with all the powers and privileges, and sub-
RUlsS h 38 44 Jec^ t° aU the duties, restrictions, and liabilities, set forth
in the thirty-eighth and forty-fourth chapters of the Re-
vised Statutes.
Real estate. Sect. 2. Said corporation may, for the purpose afore-
said, hold real estate not exceeding in value thirty thousand
Capital stock, dollars, and the whole capital stock shall not exceed fifty
thousand dollars.
Proviso, as to Sect. 3. No shares in the capital stock of said corpora-
vaueo s ares. ^Qn g^jj ^e jssuec[ for a }ess sum or amount, to be actually
paid in on each, than the par value of the shares, which
shall be first issued. [Approved by the Governor, Febru-
ary 19, 1850.]
1850. Chap. 29. 301
An Act to incorporate the Worcester Gas Light Company. Chat) 29
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. John W. Lincoln, George T. Rice, Charles Corporators.
Thurber, their associates and successors, are hereby made a
corporation, by the name of the Worcester Gas Light Com-
pany, for the purpose of manufacturing and selling gas, in
the city of Worcester, in the county of Worcester, with Powers and
all the powers and privileges, and subject to all the duties, RUtsS;,h 38 44
restrictions, and liabilities, set forth in the thirty-eighth and an order of'
and forty-fourth chapters of the Revised Statutes ; also, to ^Worcest""!'
the provisions, restrictions, and conditions, of an order
adopted by the city council of the city of Worcester, on
the third day of May, in the year one thousand eight hun-
dred and forty-nine, giving leave to Blake and Darracott,
and their associates, to erect coal gas works in the city of
Worcester, and to lay pipes for distributing the gas through
the streets of said city.
Sect. 2. Said corporation may hold such real and per- Real and per-
sonal estate, as may be necessary and convenient for the sona es|ate-
purpose aforesaid, not exceeding in value the sum of two
hundred thousand dollars.
Sect. 3. No shares in the capital stock of said corpora- Proviso, as to
sion shall be issued for a less sum or amount, to be actually value of shares-
paid in on each, than the par value of the shares which
shall be first issued.
Sect. 4. Said corporation, with the consent of the May open the
mayor and aldermen of the city of Worcester, shall have ground 'fn
* * streets iV c .
power and authority to open the ground, in any part of the with leave of
streets, lanes, and highways, in said city, for the purpose of ^er°men.d
sinking 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,
or highways, shall be held to put the same again into re-
pair, under the penalty of being prosecuted for a nuisance:
provided, that the said mayor and aldermen, for the time Proviso.
being, shall, at all times, have the power to regulate, re-
strict, and control, the acts and doings of said corporation,
which may in any manner affect the health, safety, or con-
venience of the inhabitants of said city.
Sect. 5. The city of Worcester, at any time hereafter, city may pur-
shall have the right to purchase the franchise of said cor- chase' &c*
poration, by paying therefor the actual cost of the works
they shall have erected, with ten per cent, interest thereon,
after first deducting such amounts as may have been paid
to the stockholders as dividends upon the stock.
302
1850.
-Chap. 29—31.
Sect. 6. This act shall take effect from and after its
passage. [Approved by the Governor, February 19, 1850.]
Chap. 30.
1847, ch. CO.
Ante, ch. 24.
Election of
assistant asses-
sors.
Assessors.
Repeal.
To take effect
after accept-
ance.
An Act in addition to the Acts establishing the City of New Bedford.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The legal voters of the city of New Bedford
shall, at their regular ward meetings, in the month of
March annually, elect one assistant assessor from each ward
in said city.
Sect. 2. The city council of the said city, in conven-
tion, shall, on the first Monday of April, annually, elect
three assessors at large, who shall have all the power and
be subject to all the duties and liabilities of assessors of
towns.
Sect. 3. So much of the act of 1847, ch. 60, provid-
ing for the election of assessors and assistant assessors of
the city of New Bedford, as is inconsistent with this act,
and also an act entitled, " an act in addition to an act estab-
lishing the city of New Bedford," passed on the 16th day
of February, in the year one thousand eight hundred and
fifty, are repealed.
Sect. 4. This act shall take effect from and after its
acceptance by the inhabitants of New Bedford. [Approved
by the Governor, February 22, 1850.]
Chap. 31.
Additional
statements in
returns to the
secretary.
Duty of secre-
tary.
An Act to amend " An Act regulating the Compensation of Sheriffs."
BE it enacted by the Seriate and House of Representa-
tives, i?i General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The annual return to the secretary of the
Commonwealth, now by law required to be made by the
sheriffs of the several counties, shall, in addition to the
statements required by the fourth section of the act of
which this is an amendment, specify the amount received
by them for fees on civil and criminal process respectively,
the number of days of their attendance upon each court,
and upon more than one court.
Sect. 2. The secretary of the Commonwealth shall
annually furnish the sheriffs of the several counties with
blank forms of the returns required by this act, and the act
hereby amended. [Approved by the Governor, February
22, 1850.]
1850. Chap. 32—35. 303
An Act to extend the time for paying in the Capital Stock of the Colum- Chop. 32.
bian Fire and Marine Insurance Company.
BE it enacted by the Senate and House of Representa- m9> ch- 2-
tives, in General Court assembled, and by the authority of
the same, as follows :
The time within which the capital stock of the Colum- Time extended
,._-.. tt.^-t ,-n -t-» ito l'ebruaryou,
bian Fire and Marine Insurance Company, in Boston, is, by issi.
law, required to be paid in, is hereby extended to the third
day of February, in the year one thousand eight hundred
and fifty-one. [Approved by the Governor, February 22,
1850.J
An Act in addition to "An Act to incorporate the South Lee Manufac- Chap. 33.
turing Company."
BE it enacted by the Senate and House of Representa- 1849j ch- 221-
fives, in General Court assembled, and by the authority of
the same, as follows :
The South Lee Manufacturing Company, in addition to May manufae-
their present powers, are hereby authorized to manufacture meai.ouran
flour and the various kinds of meal. [Approved by the
Governor, February 22, 1850.]
An Act in addition to the several Acts in relation to the Competency of Chap. 34.
Witnesses in certain cases.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
In all cases in which any incorporated mutual insurance Members of
company shall be, in its corporate capacity, party to, or in- "^cecVnTp^nies
terested in, any suit, whether of a civil or criminal nature, competent wit-
any member of such corporation may be admitted as a nesses-
competent witness to testify on the trial, or to give his
deposition: provided, there be no sufficient objection to his Proviso.
competency except that of his being a member of such
corporation. [Approved by the Governor, February 22,
1850.]
An Act to confirm the Location of a Wharf in Beverly, owned by Josiah Chap. 35.
L. Foster and William H. Lovett. *
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 present location of the wharf belonging to Josiah
L. Foster and William H. Lovett, in the harbor of Beverly,
is hereby confirmed, and said owners shall have the right
to lay vessels at the end and sides of said wharf, and re-
ceive wharfage and dockage therefor : provided, that this Proviso.
304
1850.
-Chap. 35—37.
act shall in no wise affect the legal rights of any corpora-
tions or persons whatever. [Approved by the Governor,
February 22, 1850.]
Chap. 36.
1846, ch. 210.
1347, ch. 257.
1848, ch. 2G4.
May alter loca-
tion in East
Boston.
Time for locat-
ing and com-
pleting road
extended one
year.
1848, ch. 264.
An Act concerning the Grand Junction Railroad and Depot Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Grand Junction Railroad and Depot
Company are hereby authorized and empowered to alter
and change the location of their road in East Boston, and
to locate, construct, and maintain the same on the south-
easterly side of the Eastern Railroad, commencing at some
convenient point in the located line of the said Grand
Junction Railroad, westerly of said Eastern Railroad, in
said East Boston ; and thence continuing southerly to the
southeasterly side of said Eastern Railroad ; and thence
southeasterly of said road to a point upon the depot lands
of said Grand Junction Railroad and Depot Company
southerly of Marginal street.
Sect. 2. The time allowed for locating and completing
the roads of said company, is hereby extended for one year
from the time authorized in the sixth section of the act
entitled, an act concerning the Grand Junction Railroad
and Depot Company, approved May 6, 1848.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, February 25, 1850.]
Chap. 37.
Three inspec-
tors for different
terms.
Of appoint-
ments after the
first.
Chairman.
An Act in addition to the Acts relating to the State Prison and the Gov-
ernment and Discipline thereof.
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 :
Sect. 1. There shall be appointed, during the month
of April, of the present year, by the governor, with the
advice and consent of the council, a board of three in-
spectors of the State Prison at Charlestown, one of whom
shall hold his office for one year, one for two years, and
one for three years, unless they shall be sooner removed by
the governor and council.
Sect. 2. All subsequent appointments to the said office
shall be for three years, except that in case of a vacancy
by death, resignation, or removal, the person appointed to
fill such vacancy shall hold the office only till the end of
the three years for which the person so dying, resigning,
or removed, was appointed.
Sect. 3. One of the said inspectors shall annually, in
1850. Chap. 37—40. 305
the month of April, be designated by the governor to act
as chairman.
Sect. 4. No person appointed inspector, by virtue of Of reappoint-
this act, shall be reappointed until the expiration of at mcnt-
least one year from the close of his term of office.
Sect. 5. All acts and parts of acts, inconsistent with Repeal,
the provisions of this act, are hereby repealed. [Approved
by the Governor, February 25, 1850.]
An Act to establish the Quaboag Seminary. Chap. 38.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Nathan Richardson, Joseph P. Hitchcock, Corporators.
Royal Knight, their associates and successors, are hereby
made a corporation, by the name of the Qiiaboag Semi-
nary, to be established in the town of Warren, in the in Warren,
county of Worcester, with all the powers, and subject to Powers and
all the duties, restrictions, and liabilities, set forth in the RUtss'cn 44
forty-fourth chapter of the Revised Statutes.
Sect. 2. Said corporation may hold real and personal Real and Per-
estate to the amount of twenty-five thousand dollars, ex- sonal estate>
elusive of books and apparatus, devoted to purposes of
education. [Approved by the Governor, February 25, 1850.]
An Act to change the Name of the New Universalist Society in Salem. Chat) 39
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
From and after the passing of this act, the "New Uni- New name,
versalist Society in Salem" shall be known and called by
the name of the First Universalist Society in Salem.
[Approved by the Governor, February 25, 1850.]
An Act relating1 to Charles River and Warren Bridges. Chat) 40
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 Charles River and Warren Bridges is here- Agent may
by authorized to lease, for a period not exceeding ten years, fo^certa^Mr-
the southerly portion of the wharf adjoining the draw of poses.
Warren Bridge, on the westerly side thereof, for the pur-
pose of erecting a bathing-house, and, for that purpose, he
may permit not exceeding eight piles to be driven parallel
with the said wharf: provided, that such lease shall be first Proviso.
approved by the governor and council. [Approved by the
Governor, February 25, 1850.1
40
306
1850.
-Chap. 41—43.
Cliai). 41. An Act in addition to "An Act concerning the Distribution, Custody, and
"' Preservation of School Returns and other Documents and Papers relat-
ing to Schools."
1849, ch. 65. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Blanks, &c. to Sect. 1. It shall be the duty of the secretary of the
oftSowns°clerkS board of education to send the blank forms of inquiry, the
school registers, the abstract of school returns, and the an-
nual report of the board of education, and that of its sec-
retary, to the clerks of the several towns and cities of the
Commonwealth, as soon as may be after they are ready for
distribution.
1849, ch. 65, §1, Sect. 2. The first section of the act to which this is an
repealed. addition, approved by the governor, March 30, 1849, is
hereby repealed. [Approved by the Governor, February
25, 1850.]
Chap. 42. An Act in addition to an Act concerning the Tax on Sales by Auction.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, arid by the authority of
the same, as follows :
Sect. 1. The tax on all sales by auction of wines and ar-
dent spirits, whether foreign or domestic, shall be one per
cent.
Sect. 2. The account of sales at auction, required by law
from every auctioneer, shall hereafter be made up to the first
day of January and July, in each year, and rendered to the
treasurer of the Commonwealth within sixty days there-
after.
Sect. 3. The bond of every auctioneer shall hereafter
expire on the last day of December or June, in each year.
[Approved by the Governor, February 25, 1850.]
Tax on sales of
wines and ar-
dent spirits.
Of auctioneers'
accounts of
sales.
Of bonds.
Chap. 43.
§500,000 addi-
tional.
Payment for,
and value of,
shares.
An Act to authorize the Boston and Worcester Railroad Corporation to
increase their Capital Stock.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Boston and Worcester Railroad Corpora-
tion are hereby authorized to increase their capital stock in
the sum of five hundred thousand dollars, to be divided
into shares, issuable for a sum not less than one hundred
dollars each.
Sect. 2. The said shares may be paid for in cash, or in
exchange for bonds of the said corporation, at not less than
the par value aforesaid, such exchange to be made within
ten years from January 1, 1850.
1850. Chap. 43—46. 307
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, February 27, 1850.]
An Act to provide further Penalties for wilfully and maliciously Obstruct- Chap. 44.
ing the Passing of Carriages upon Railroads.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Any person convicted of any of the offences set forth in imprisonment
the seventy-seventh section of the thirty-ninth chapter of nnot maoree ^n'
the Revised Statutes, which endangers human life, may be 20 years, added
• to tllC DCUcutlCS
punished in the manner set forth in said section, or by im-
prisonment in the State Prison not exceeding twenty years.
[Approved by the Governor, February 28, 1850.]
An Act in addition to an Act concerning the Sale of the Real Estate of Chap. 45.
Minors.
BE it enacted by the Senate and House of Representa- 1838> ch- 19°-
tives, in General Court assembled, and by the authority of
the same, as follows :
Whenever the real estate of any minor shall be sold Guardian to
under the provisions of the one hundred and ninetieth fase specified,
chapter of the acts of the year one thousand eight hundred
and thirty-eight, by any person other than the guardian of
such minor, the said guardian shall give bond to the judge
of probate for the county where the said real estate is situ-
ate, with sufficient sureties, conditioned to account for the
proceeds of such sale, before the said proceeds shall be paid
over to him. [Approved by the Governor, February 28,
1850.]
An Act concerning the Duties of the Attorney General. Chop. 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 :
Sect. 1. The attorney general, whenever in his judg- To assist dis-
ment the interest of the Commonwealth shall require it, beforegrandVju-
shall assist the several district attorneys and the Common- ry, in certain
wealth's attorney for the county of Suffolk, by attending cases'
the grand jury, in the examination of any case in which
the party accused is charged with a capital offence.
Sect. 2. The tenth section of the one hundred and Repeal,
eighty-sixth chapter of the acts of the year one thousand
eight hundred and forty-nine, is hereby repealed. [Ap-
proved by the Governor, February 28, 1850.]
308
1850.-
-Chap. 47—48.
Chap. 47. An Act t0 se* °ff a Part °f the Town of Sharon and annex the same to
the Town of Foxborough.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Description. Sect. 1. So much of the town of Sharon, in the county
of Norfolk, as lies southerly of a line extending from the
Monument, at the southerly corner of Sharon and the east-
erly corner of Foxborough, to Bell Rock, and thence to the
line of Foxborough, at the westerly corner of the home-
stead of the late Sewall Hodges, with all the inhabitants
and estates thereon, is hereby set off from the town of Sha-
ron and annexed to the town of Foxborough.
Of taxes. Sect. 2. The said inhabitants and estates so set off,
shall be liable to pay all taxes that have been legally as-
sessed on them by the town of Sharon, in the same manner
as if this act had not been passed.
Of paupers. Sect. 3. If any persons who have heretofore gained a
legal settlement in the town of Sharon, by reason of resi-
dence on the territory set off as aforesaid, or by having
been proprietors thereof, or who may derive such settle-
ment from any such resident or proprietor, shall come to
want, and stand in need of relief and support, they shall be
relieved and supported by the town of Foxborough, in the
same manner as if they had gained a legal settlement in
that town.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, February 28, 1850.]
Chap. 48. A" Act concerning Savings Banks, when summoned as Trustees.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Whenever any institution for savings, or savings bank,
shall be summoned as trustee of a defendant in an action
at law, and there shall arise, upon the trustee answer in
such case, in the opinion of the court, a doubt as to the
identity of the principal defendant, the court may, in its
discretion, require the plaintiff to give bond, with one or
more sufficient sureties, to be approved by the court, with
condition to save harmless, before such institution shall be
charged.
[Approved by the Governor, February 28, 1850.]
1850. Chap. 49—50. 309
An Act to incorporate the Marblehead Marine and Fire Insurance Com- ClilW. 49.
pany. *
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. George Wilson, Knott Martin, 2d, Joseph P. Corporators.
Turner, their associates and successors, are hereby made a
corporation, for the term of twenty years from the passage For 20 years,
of this act, by the name of the Marblehead Marine and Fire
Insurance Company, in the town of Marblehead, county of
Essex, for the purpose of making insurance against mari-
time losses and against losses by fire; with all the powers Powers and du-
and privileges, and subject to all the duties, restrictions, 37*44, and sub-
and liabilities, set forth in the thirty-seventh and forty- sequent stat-
utes
fourth chapters of the Revised Statutes, and in all subse-
quent statutes relating to insurance companies.
Sect. 2. The capital stock of said company shall be Capital stock,
one hundred thousand dollars, and said company may hold
real estate not exceeding five thousand dollars in value, ex- Real estate,
cepting such as may be taken for debt, or held as collateral
security for money due to said company. [Approved by
the Governor, March 1, 1850.]
An Act to authorize J. W. Edmands to extend his Wharf. Chap. 50.
BE it enacted by the Senate and House of Representa-
tives, in General Court asseinbled, and by the authority of
the same, as follows :
J. W. Edmands, proprietor of a wharf and flats, situated in Boston.
on Sea street, and lying between and adjoining the wharf
and flats of Thomas Howe and the wharf and flats of Gard-
ner Colby, is hereby authorized to extend and maintain his
wharf into the harbor channel as far as the line established
by the act entitled "an act to preserve the harbor of Bos- 1837, ch. 229.
ton, and to prevent encroachments therein," passed on the
nineteenth day of April, in the year one thousand eight
hundred and thirty-seven ; and shall have the right to lay
vessels at the end and sides of said wharf, and receive
wharfage and dockage therefor : provided, however, that Proviso.
this grant shall not be construed to extend to any flats or
lands 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 commission-
ers' line : and provided, also, that so much of said wharf Proviso.
as may be constructed below low-water mark, shall be
built on piles, which piles shall not be nearer to each other
than six feet, in the direction of the stream, and eight feet
in a transverse direction, and that this act shall in no wise
310
1850.-
-Chap. 50—52.
impair the legal rights of any person.
Governor, March 1, 1850.]
[Approved by the
Chap. 51.
In Boston.
1837, ch. 229.
Proviso.
Proviso.
Chap. 52.
In Boston.
1837, ch. 229.
Proviso.
An Act to authorize Gardner Colby 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 :
Gardner Colby, proprietor of a wharf and flats, situated
on Sea street, and lying between and adjoining the wharf
and flats of J. W. Edmands and Martin's wharf, so called,
is hereby authorized to extend and maintain his wharf into
the harbor channel, as far as the line established by the act
entitled " an act to preserve the harbor of Boston, and to
prevent encroachments therein," passed on the nineteenth
day of April, in the year one thousand eight hundred and
thirty-seven ; and shall have the right to lay vessels at the
end and sides of said wharf, and receive wharfage and
dockage therefor : provided, however, that this grant shall
not be construed to extend to any flats or land of this Com-
monwealth, lying in front of the flats of any other person,
or which would be comprehended by the true lines of such
flats continued to the said commissioners' line ; arid pro-
vided, also, that so much of said wharf as may be con-
structed below low-water mark, shall be built on piles,
which piles shall not be nearer to each other than six feet,
in the direction of the stream, and eight feet, in a trans-
verse direction, and that this act shall in no wise impair
the legal rights of any person. [Approved by the Governor,
March 5, 1850.]
An Act to authorize Prentiss Hobbs 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 :
Prentiss Hobbs. proprietor of a wharf and flats situated
on Sea street, and lying between and adjoining the wharf
and flats of Jesse Tirrell, and the wharf and flats of Thomas
B. Wales, is hereby authorized to extend and maintain bis
wharf into the harbor channel, as far as the line established
by the act entitled " an act to preserve the harbor of Bos-
ton, and to prevent encroachments therein," passed on the
nineteenth day of April, in the year one thousand eight
hundred and thirty-seven, and shall have the right to lay
vessels at the end and sides of said wharf, and receive
wharfage and dockage therefor : provided, however, that
this grant shall not be construed to extend to any flats or
land of this Commonwealth lying in front of the flats of
1850. Chap. 52—55. 311
any other person, or which would be comprehended by the
true lines of such flats continued to the said commissioners'
line ; and provided, also, that so much of said wharf as may Proviso.
be constructed below low-water mark, shall be built on
piles, which piles shall not be nearer to each other than six
feet in the direction of the stream, and eight feet in a
transverse direction, and that this act shall in no wise im-
pair the legal rights of any person. [Approved by the Gov-
ernor, March 5, 1850.]
An Act to incorporate the Massachusetts Arms Company. Chap. 53.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Timothy W. Carter, James T. Ames, Benjamin Corporators.
F. Warner, their associates and successors, are hereby made
a corporation, by the name of the Massachusetts Arms
Company, for the purpose of manufacturing fire arms and Fire arms and
machinery in the town of Chicopee, and county of Hamp- cwcopeef '"
den ; with all the powers and privileges, and subject to all Powers and du-
the duties, restrictions and liabilities, set forth in the thirty- rTs. ch. 38, 44.
eighth and forty-fourth chapters of the Revised Statutes.
Sect. 2. Said corporation may hold real and personal Real and per-
estate, necessary and convenient for the purposes aforesaid, sona estate-
not exceeding in amount one hundred thousand dollars.
[Approved by the Governor, March 5, 1850.]
An Act to authorize Warren Averill and his associates to drive Piles in Chap. 54.
Ipswich River.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Warren Averill and his associates are hereby authorized Between Ips-
to drive piles in Tpswich River, between the town of Ips- mouth of the
wich and the mouth of said river, as guides to its channel, river-
for the use and benefit of all persons navigating said river :
provided, this grant shall in no wise impair the legal rights Proviso.
of any person. [Approved by the Governor, March 5, 1850.]
An Act to incorporate the Ware Savings Bank. Chap. 55.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
William Hyde, Henry Lyon, Charles A. Stevens, their Corporators,
associates and successors, are hereby made a corporation,
by the name of the Ware Savings Bank, to be established
in the town of Ware ; with all the powers and privileges, Powers and du-
and subject to all the duties, liabilities and restrictions, set ,ies-
312
1850.
-Chap. 55—58.
R. S. ch. 36,
and other stat-
utes.
forth in the thirty-sixth chapter of the Revised Statutes,
and all other laws of this Commonwealth relating to insti-
tutions for savings. [Approved by the Governor, March 5,
1850.]
Chap. 56.
1824, ch. 21.
$4.0,000 addi-
tional.
Investment.
Proviso as to
value of shares.
An Act to authorize the Plymouth Cordage Company 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 :
The Plymouth Cordage Company are hereby authorized
to increase their capital stock by an amount not exceeding
forty thousand dollars, and to invest such increase in real
and personal estate necessary and convenient for carrying
on the business of said corporation : provided, that no
shares in the capital stock hereby authorized shall be issued
for a less sum or amount, to be actually paid in on each,
than the par value of the shares in the original capital stock
of said corporation. [Approved by the Governor, March 5,
1850.1
Chap. 57.
Collectors, by
vote of towns,
ma)' exercise
same powers as
town treasurers
acting as collec-
tors.
An Act to extend the power of Collectors 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 :
Any town in this Commonwealth may, at any meeting
duly notified for that purpose, by their vote, authorize and
empower the collector, or collectors, of taxes, to use any
and all means, of collecting the taxes committed to him or
them to collect, which may now be lawfully used by town
treasurers when acting as collectors. [ Approved by the Gov-
ernor, March 5, 1850.]
Chap. 58.
Court estab-
lished.
An Act to establish a Police Court in the Town of Springfield.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. I. A police court is hereby established in the
town of Springfield, to consist of one learned, able, and
discreet person, to be appointed and commissioned by the
governor, pursuant to the constitution, to take cognizance
of all crimes, offences, and misdemeanors, committed with-
in the town of Springfield, whereof justices of the peace
now have, or may hereafter have, jurisdiction. And the
court hereby established, shall hear and determine all suits,
complaints and prosecutions, in like manner as is by law
provided for the exercise of the powers and authority which
1850. Chap. 58. 313
are or may be vested in justices of the peace, and shall do
all acts necessary to, and consistent with, such powers and
authority. And the said police court shall also have origi-
nal jurisdiction and cognizance of all suits and actions,
which may now, or at any time hereafter, be heard, tried,
and determined before any justice of the peace in the
county of Hampden, and exclusive jurisdiction, whenever
all the parties reside in Springfield, and service of the writ
is had on the defendant in said county ; and no writ, in
any such action or suit, shall be made returnable before
any justice within said town of Springfield, but to said
police court only ; and an appeal shall be allowed from all
judgments of said police court, in like manner, and to the
same extent, that appeals are now allowed by law from
judgments of justices of the peace ; and the justices of said
police court shall not be of counsel or attorney to any party
in any matter or thing whatever which may be pending in
said court, or which shall have been previously determined
before himself.
Sect. 2. All warrants issued by said court shall be ah warrants to
made returnable, and shall be returned before said court ; befbreUsafd
and no warrant shall be issued by any justice of the peace court,
within the county of Hampden, except by the standing
justice, or one of the special justices of said court, for any
crime or offence committed within said town of Spring-
field.
Sect. 3. All fines and forfeitures, and all fees in crimi- Of fines, for-
nal cases, now allowed by law to justices of the peace, howMconnted
which shall be received by, or paid into the hands of the for.
justice of said court, shall be by him accounted for and
paid over to the treasurer of the town of Springfield ; and
all other costs in criminal prosecutions, which shall be
paid to the justice of said court, shall be by him accounted
for and paid over to the same persons, in the same manner,
and under the same penalties for neglect, as are by law
prescribed in the case of justices of the peace ; and all
costs in such prosecutions, not thus received, shall be made
up, taxed, certified, and allowed, and shall be paid and
satisfied in like manner as is provided by law in cases of
justices of the peace ; and in all cases where fines, forfeit-
ures, and costs, are not paid to the justice of said court,
but are by him taxed and certified, and are allowed, in the
manner now prescribed by law, and such fines and costs
are subsequently paid to the treasurer of the county of
Hampden, the justice's fees, so taxed and paid, shall accrue
to the county aforesaid ; and in all cases where said jus-
tice's fees are so taxed and certified by the justice of said
41
314
1850.
-Ch\p. 58.
Criminal.
Civil.
Compensation.
court, and are allowed, but are not subsequently paid to the
treasurer of said county, the said county of Hampden shall
be discharged from all obligation to pay said magistrate's
fees to any persons whatsover.
Court, how Sect. 4. A court shall be held by said justice, at some
often to be held. suitable and convenient place, to be provided at the ex-
pense of said town of Springfield, on two several days of
each week, at nine of the clock in the forenoon, and as
much oftener as may be necessary, to take cognizance of
crimes, offences, and misdemeanors, and, on one day in
each fortnight, at ten of the clock in the forenoon, and
may be adjourned from day to day, by the justice thereof,
and at such other times as may be necessary, for the trial
of civil suits and actions ; and the justice of said court
shall, from time to time, establish all necessary rules for
the orderly and uniform conducting of the business there-
of. Complaints may be received and warrants issued by
him, at all reasonable times, when said court is not in ses-
sion.
Sect. 5. The justice of said court shall receive, from
the treasury of the town of Springfield, an annual salary
of seven hundred dollars, in quarterly payments ; and shall
be allowed, as a compensation for his services in the trial
and determination of civil suits cognizable by said court
under this act, to tax, receive, and retain, the same fees
now allowed by law to justices of the peace in civil cases.
Sect. 6. The justice of said court shall keep a fair
record of all proceedings in said court, and shall make
return to the several courts, of all legal processes, and of
his doings therein, in the same manner as justices of the
peace are now by law required to do ; and he shall also,
annually, in the month of January, exhibit to the select-
men of the town of Springfield a true and faithful account
of all moneys received by him.
Sect. 7. All suits, actions, and prosecutions, which
shall be instituted and pending before any justice of the
peace, within the town of Springfield, when this act shall
take effect, shall be heard and determined as though this
act had not been passed.
Sect. 8. There shall be appointed by the governor, by
and with the advice and consent of the council, two special
justices of said court ; and whenever it shall happen that
the standing justice of said court shall be interested in any
suit or prosecution cognizable in said court, or shall, from
any cause, be unable to hold said court, or discharge any
of the duties required of him by this act, the said special
justices shall have power to issue the processes of said
Record to be
kept.
Processes.
Pendi:
Two special
justices.
1850. Chap. 58—59. m 315
court, and to hear and determine any matter or cause pend-
ing therein, the said cause being assigned on the record by
the standing or special justice, and such special justice shall Compensation.
be paid, for services so rendered, by the standing justice,
out of his salary, such sums as justices of the peace are
paid for like services.
Sect. 9. The governor shall have power, by and with Governor to ap-
the advice and consent of the council, to appoint said jus- poin '
tice and special justices, at any time after the passing of
this act.
Sect. 10. This act shall be in force, from and after its This act to be
acceptance by the inhabitants of Springfield, at a legal ^ptedby
meeting of said inhabitants duly held for this purpose.
[Approved by the Governor, March 6, 1850.]
An Act to authorize Ezra Allen to extend his Wharf. Chap. 59.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Ezra Allen, proprietor of a wharf and flats situate on East Boston.
Sumner street, in that part of Boston known as East Bos-
ton, and lying between and adjoining the land and flats of
Pigeon and Poole, and Brown and Lovell, is hereby au-
thorized to extend and maintain his wharf into the harbor
channel, as far as the line established by the act entitled
"an act concerning the harbor of Boston," passed on the 1840, ch. 35.
seventeenth day of March, in the year one thousand eight
hundred and forty, and shall have the right to lay vessels
at the end and sides of said wharf, and receive wharfage
and dockage therefor : provided, however, that this grant Proviso.
shall not be construed to extend to any flats or land of this
Commonwealth lying in front of the flats of any other
person, or which would be comprehended by the true lines
of such flats continued to the said commissioners' line :
and provided, also, that so much of said wharf as may be Proviso.
constructed below low-water mark, shall be built on piles,
which piles shall not be nearer to each other than six feet
in the direction of the stream, and eight feet in a trans-
verse direction, and that this act shall in no wise impair
the legal rights of any person. [Approved by the Governor,
March 7, 1850.]
316
1850.-
-Ciiap. 60—61.
Chap. 60.
In Province-
town.
Proviso.
Chap. 61,
Corporators.
An Act to authorize Stephen Nickerson to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as follows :
Stephen Nickerson is hereby authorized to build and
maintain a wharf from his land adjoining the harbor of
Provincetown, and to extend said wharf into six feet of
water at low tide, and shall have the right to lay vessels at
the end and sides of said wharf, and receive wharfage and
dockage therefor : provided, that this grant shall in no wise
impair the legal rights of any person. [Approved by the
Governor, March 7, 1850.]
Powers and
duties.
R. S. ch. 44.
1849, ch. 93.
Capital stock.
Value of shares.
This corpora-
tion may unite
with the New
York and New
England Tele-
graph Com-
pany.
Proviso.
An Act to incorporate tire Boston and Portland Telegraph Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Enoch S. Williams, Benjamin P. Cheney, and
Henry O'Rielly, their associates and successors, are hereby
made a corporation, by the name of the Boston and Port-
land Telegraph Company, for the purpose of constructing,
maintaining, and using lines of telegraph within this Com-
monwealth, and connecting the same with any other lines
of telegraph, which have been, or may hereafter be, con-
structed, and for extending the same to the city of Portland,
in the state of Maine, with all the powers and privileges,
and subject to all the duties, restrictions, and liabilities,
contained in the forty-fourth chapter of the Revised Stat-
utes, and in an act approved on the ninth day of April, in
the year of our Lord one thousand eight hundred and
forty-nine, entitled " an act concerning electric telegraph
companies and electric telegraphing."
Sect. 2. The capital stock of said corporation shall be
fifty thousand dollars, with leave to increase the same to
an amount not exceeding the sum of one hundred and fifty
thousand dollars, to be divided into shares of one hundred
dollars each ; and no shares, in the capital stock of said
corporation, shall be issued for a less sum or amount, to be
actually paid in on each, than the par value of the shares
which shall be first issued.
Sect. 3. The said corporation are hereby authorized
and empowered to unite with the " New York and New
England Telegraph Company," a corporation established
by authority of an act of the legislature of the state of
New York, passed on the twelfth day of April, one thou-
sand eight hundred and forty-eight, upon such terms as
may be mutually agreed upon by both corporations : pro-
1850. Chap. 61—62. 317
vided, such terms are not inconsistent with the laws of
this Commonwealth, and the provisions of the second sec-
tion of this act ; and when said corporations are so united,
they may form one company, by the name of the New New name.
York and New England Telegraph Company, with all the
powers and privileges, and subject to all the duties, restric-
tions, and liabilities, aforesaid. [Approved by the Gov-
ernor, March 7, 1850.]
An Act to incorporate the Town of Groveland. Chap. 62.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. All that part of the town of Bradford which Boundaries,
lies east of a line, beginning at the Merrimack River, at
the west side of Johnson's Creek, at low-water mark ;
thence running southerly up the westerly side of said
creek, about seventy rods, to a small white oak tree ; thence
south, fifteen degrees west, eighty-nine rods, to a bound on
the southerly side of the highway, near Jonathan Kim-
ball's house ; thence south, fifty-four degrees west, eighty-
six rods and seventeen links, to a walnut tree, on the east-
erly side of the road, near the house of William Brown ;
thence south, thirty-eight and a half degrees west, one
hundred and fifty-four rods, to a bound at the northerly
angle of the highway ; thence south, forty-five degrees
west, one hundred and forty-nine rods and nine links, to a
bound at the northwesterly angle of said highway, near
Johnson's pond ; thence south, twenty-seven degrees west,
to a bound at the westerly side of said highway, at Box-
ford line, is hereby incorporated into a new town, by the
name of Groveland, and is hereby vested with all the pow- Powers, duties,
ers, privileges, rights, and immunities, and shall be subject
to all the duties and requisitions, to which other towns are
entitled and subjected by the constitution and laws of this
Commonwealth.
Sect. 2. All property belonging to the town of Brad- ^ro^rt^°,f
ford, except books, records, and apparatus, belonging to disposed of.
the archives of said town, shall be sold at public auction,
by a committee chosen, in equal numbers, by said towns,
when it shall cease to be used in common by said towns ;
and any deed of such property, signed by said commit-
tee, shall be valid in law ; and the proceeds of such sale,
as far as it may be necessary, shall be applied to the pay-
ment of such debts as may be due from the town of
Bradford at the time of separation ; and any money which
may remain after such payment, and all debts which may
318
1850.
-Chap. 62—63.
Paupers.
Proviso.
Taxes.
First meeting
how lo be
called.
remain due from, the town, after such expenditure, shall be
equally divided between said towns.
Sect. 3. The paupers now supported by the town of
Bradford, and all such as may hereafter require support, in
virtue of having acquired a settlement in said town, shall
be supported by the town, within the territorial limits of
which they may have acquired a settlement : provided,
however, that the paupers of said town may be supported,
as at present, so long as both towns may so agree, at their
joint and equal expense.
Sect. 4. All taxes which may be due the town of
Bradford, at the time of the passage of this act, may be
collected in the same manner as though this act had not
been passed, and the inhabitants of said town of Grove-
land shall be holden to pay their proportion of state and
county taxes that may be assessed upon them, previously
to the taking of the next valuation ; said proportion to be
ascertained and determined by the town valuation of the
town of Bradford, next preceding the passage of this act.
Sect. 5. Any justice of the peace, within and for the
county of Essex, is hereby authorized to issue his warrant,
directed to any principal inhabitant of said town of Grove-
land, requiring him to warn the inhabitants thereof, quali-
fied to vote in town affairs, to meet at the time and place
therein appointed, for the purpose of choosing all such
town officers as towns are, by law, authorized and required
to choose at their annual meetings.
Sect. 6. This act shall take effect from and after its
passage. {Approved by the Governor, March 8, 1850.]
Chat). 63. An AcT concerning the Bequest of Henry Todd to the Board of Educa-
"' tion.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Bequest ac- Sect. 1. The treasurer of the Commonwealth is hereby
cepted by trea- fui|y authorized and empowered to accept the bequest made
Common- by Henry Todd, late of the city of Boston, to the " Massa-
weaith. chusetts Board of Education," of the residue of his estate,
Terms, <fcc. upon the terms, and under the restraint, prescribed by his
will, to receive, examine, and, if correct, to pass the ad-
ministration accounts of the executor of said Todd's last
will, or of any administrator of his estate with the will
annexed, and to enter into any engagement to refund to
said executor, or administrator, the whole, or such part of
said legacy, as he may require for the payment of any law-
ful claims for which said estate is, or shall be, chargeable,
with all incidental expenses.
1850. Chap. 63—66. 319
Sect. 2. The treasurer of the Commonwealth shall Treasurer, to
hold and invest the said bequest, under the same conditions lllvest-
as are required in reference to other funds paid over to him
in behalf of the " Massachusetts Board of Education." [Ap-
proved by the Governor, March 9, 1850.]
An Act to repeal an Act concerning the Walnut Grove Cemetery. CJlClJ). 64.
BE it enacted bu the Senate and House of Representa- tnAn , „„„
1848 ch 287.
fives, in General Court assembled, and by the authority of
the same, as follows :
The two hundred and eighty-seventh chapter of the Repeal.
acts, passed in the year one thousand eight hundred and
forty-eight, is hereby repealed. [Approved by the Gov-
ernor, March 9, 1850.]
An Act concerning certain Manufacturing Corporations in the City of Chcip. 65.
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 :
The Merrimack Manufacturing Company, Hamilton May contract
Manufacturing Company, Suffolk Manufacturing Company, formula] hlsu?-
Lawrence Manufacturing Company, Lowell Manufacturing aiice against
Company, Appleton Company, Tremont Mills, Boott Cot-
ton Mills, Middlesex Company, Massachusetts Cotton Mills,
and the Lowell Machine Shop, are, and each of them is,
hereby authorized and empowered to enter into contract
with each other, respecting mutual insurance against loss
or damage, by fire, of the property of each, situated in the
city of Lowell, as they shall deem just and expedient.
[Approved by the Governor, March 9, 1850;]
An Act to incorporate the Worcester County Mechanics Association. Chap. 66.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Rufus D. Dunbar, William T. Merrifield, Wil- Corporators,
liam A. Wheeler, their associates and successors, are hereby
made a corporation, by the name of the Worcester County
Mechanics Association, for the purpose of promoting moral For moral and
and intellectual improvement and perfecting the mechanic ^ttltmerA. ""*
arts, and for charitable purposes, with all the powers and pOWers and
privileges, and subject to all the duties, and liabilities, and duties,
restrictions, contained in the forty-fourth chapter of the
Revised Statutes.
Sect. 2. The said corporation may hold real estate to Real and per-
the amount of seventy-five thousand dollars, and personal sonal estate-
320
1850.
-Chap. 66—69.
estate to the amount of twenty-five thousand dollars, to be
devoted to the purposes aforesaid. [Approved by the Gov-
ernor, March 9, 1850.]
Ch(W. 67. A" Act *° incorporate the Massachusetts Fire and Marine Insurance
Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follorvs :
Sect. 1. A. H. Wildes, William F. Wade, Jr., and Al-
fred M. Farley, their associates and successors, are hereby
made a corporation, for the term of twenty years from the
passage of this act, by the name of the Massachusetts Fire
and Marine Insurance Company, to be established in the
town of Ipswich, for the purpose of making insurance
against losses by fire, and against maritime losses, with all
the powers and privileges, and subject to all the duties,
restrictions, and liabilities, set forth in the thirty-seventh
and forty-fourth chapters of the Revised Statutes, and all
other general laws which have been, or shall hereafter be
passed, relative to insurance companies.
Sect. 2. Said company may hold real estate for its use,
not exceeding five thousand dollars, and its capital stock
shall be fifty thousand dollars, with permission to increase
the same to one hundred thousand dollars, which capital
stock shall be divided into shares of fifty dollars each.
[Approved by the Governor, March 11, 1850.]
Corporators
20 years.
In Ipswich.
Powers and du
ties. R. S. ch.
37, 44, and oth
er statutes.
Real estate.
Capital stock.
Chap. 68.
Fees of grand
jurors, how to
be allowed and
paid.
Chap. 69.
Corporators.
An Act concerning the Fees of Grand Jurors.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled , and by the authority of
the same, as follows :
Sect. 1. The fees of grand jurors, in all the courts in
the Commonwealth, for their travel and attendance, shall
be allowed and paid by the Commonwealth and the re-
spective counties, in the same proportion as other costs in
criminal prosecutions are now by law allowed and paid.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, March 11, 1850.]
An Act to incorporate the Boston Bath and Wash-House Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Amos Lawrence, John P. Bigelow, Thomas
H. Perkins, their associates and successors, are hereby
made a corporation, by the name of the Boston Bath and
1850. Chap. 69—71. 321
Wash-House Company, for the purpose of establishing Public baths in
public baths and wash-houses in the city of Boston ; with Boston-
all the powers and privileges, and subject to all the duties, Powers and d«-
restrictions, and liabilities, set forth in the forty-fourth i'^s's ch -44<
chapter of the Revised Statutes.
Sect. 2. The said corporation may hold real estate, not Real and per-
exceeding thirty thousand dollars in value, and personal sonaleslatc-
estate, not exceeding twenty-five thousand dollars in value,
to be devoted, exclusively, to the purposes of the corpora-
tion. [Approved by the Governor, March 11, 1850.]
An Act to authorize Jesse Tirrell, Junior, to extend his Wharf. Cho/D. 70.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Jesse Tirrell, Junior, proprietor of a wharf, situate on Sea in Boston.
street, lying between and adjoining the Avharf of Thomas
Howe and the wharf of Prentiss Hobbs, is hereby author-
ized to extend and maintain his wharf into the harbor chan-
nel, as far as the line established by an act entitled " an act
to preserve the harbor of Boston, and to prevent encroach-
ments therein," passed on the nineteenth day of April, in 1837, ch. 229.
the year one thousand eight hundred and thirty-seven ;
and shall have the right to lay vessels at the end and sides
of said wharf, and to receive wharfage and dockage there-
for : provided, however, that this grant shall not be con- Proviso.
strued to extend to any flats of this Commonwealth, lying
in front of the flats of any other person, or which would be
comprehended by the true lines of said flats extended to
the said commissioners' line : and provided, also, that so Proviso.
much of said wharf as may be constructed below low-water
mark, shall be built on piles, which piles shall not be
nearer to each other than six feet in the direction of the
stream, and eight feet in a transverse direction, and that
this act shall in no wise impair the legal rights of any per-
son. [Approved by the Governor, March 11, 1850. J
An Act to incorporate the Town of Holyoke. Chan. 71-
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. All that part of the town of West Springfield Boundaries of
which lies northerly of the line commencing at the mouth new ,own-
of Riley Brook, so called, and running west to the town of
Westfield, and bounded westerly by said town of West-
field and the town of Southampton, northerly by the
towns of Easthampton and Northampton, and easterly by
42
322
1850.
-Chap. 71.
Powers and du-
ties.
Of taxes.
Of paupers.
Roads and
bridges.
Proceedings in
case of disa-
greement as to
division of prop-
erty. &c.
First meeting —
how ealled.
Holvoke.
the towns of South Hadley and Chicopee, is hereby incor-
porated into a separate town, by the name of Holyoke.
And the said town of Holyoke is hereby vested with all
the powers, privileges, rights, and immunities, and shall be
subject to all the duties and requisitions, to which other
towns are entitled and subjected by the constitution and
laws of this Commonwealth.
Sect. 2. The inhabitants of said town of Holyoke shall
be holden to pay to the collector of the town of West
Springfield, all arrearages of taxes legally assessed on them
in the said town of West Springfield, before the passage of
this act, and shall also be held to pay their proportion of
state and county taxes that may be assessed upon them
previously to the taking of the next valuation, — said pro-
portion to be ascertained and determined by the town val-
uation of the town of West Springfield, next preceding the
passage of this act, — and the said town of Holyoke shall
be holden to pay their just and equitable proportion of the
debts due from the town of West Springfield, and shall be
entitled to receive their just and equitable proportion of all
corporate property and other assets now owned and held by
said town of West Springfield.
Sect. 3. The town of Holyoke shall be liable for the
support of all persons who now do, or shall hereafter, stand
in need of relief as paupers, whose settlement was gained
by, or derived from, a residence or settlement within its
limits, as described by this act.
Sect. 4. The said towns of West Springfield and Hol-
yoke shall be holden to pay the expenses of construction of
all roads and bridges, within their respective limits, which
have been located, but not made.
Sect. 5. In case said towns should not agree in respect
to a division of property, funds, debts, or town paupers, or
state or county taxes, the court of common pleas for the
county of Hampden shall, upon the petition of either
town, appoint three competent and disinterested persons to
hear the parties and award thereon — and their award, or
that of any two of them, accepted by said court, shall be
final.
Sect. 6. Any justice of the peace, within and for the
county of Hampden, is hereby authorized to issue his war-
rant, directed to any principal inhabitant of said town of
Holyoke, requiring him to notify and warn the inhabitants
thereof, qualified to vote in town affairs, to meet at the
time and place therein appointed, for the purpose of choos-
ing all such town officers, as towns are, by law, authorized
and required to choose at their annual meetings.
1850. Chap. 71—72. 823
Sect. 7. This act shall take effect from and after its
passage. [Approved by the Governor, March 14, 1850.]
An Act to incorporate the Town of Clinton. Chat). 72
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. All that part of Lancaster, in the county of Boundaries of
Worcester, which lies southerly of the following described new
line, viz. : — Beginning at a monument on the east line of
the town, two hundred and eighty nine and fifty-six hun-
dredths rods northerly of a town bound, which is a corner
of Bolton, Berlin, and Lancaster, and running thence,
north, sixty-five degrees, thirty minutes west, five hun-
dred eighteen and eleven hundredths rods, to a bound near
the railroad bridge, at Goodrich hill ; and thence, south,
forty-eight degrees, thirty minutes west, seven hundred
and eighty-three rods, to a town bound on the westerly
line of said town, near the Elder farm, is hereby incorpo-
rated into a separate town, by the name of Clinton. And
the said town of Clinton is hereby invested with all the
powers, privileges, rights, and immunities, and subject to Powers, duties,
all the duties and requisitions, to which other towns are c'
entitled and subjected by the constitution and laws of this
Commonweal th.
Sect. 2. The inhabitants of the town of Clinton shall Oftaxes.
be holden to pay all state, county, and town taxes, legally
assessed on them before the passage of this act, and also
shall be holden to pay their proportion of state and county
taxes, that may be assessed on them, previously to the
taking of the next state valuation — said proportion to be
ascertained and determined by the town valuation of the
town of Lancaster, next preceding the passage of this act —
to the treasurer or collector of the town of Lancaster ; and
all moneys now in the treasury of said town, or that may
hereafter be received from taxes now assessed, or directed
to be assessed^ shall be applied to the purposes for which
they were raised and assessed, the same as if this act had
not passed.
Sect. 3. Said towns of Lancaster and Clinton shall be Of paupers,
respectively liable for the support of all persons who now
do, or shall hereafter, stand in need of relief as paupers,
whose settlement was gained by, or derived from, a settle-
ment gained or derived within their respective limits.
Sect. 4. All the corporate property, now owned by the Corporate prop-
town of Lancaster, shall remain the property of said town, erty'
and the town of Clinton shall pay to the treasurer of said
324
1850.-
-Chap. 72—73.
town of Lancaster, the sum of ten thousand dollars, by
ten equal annual payments, with semi-annual interest, the
first payment to be made one year after the passage of this
act ; which sum shall fully discharge the said town of Clin-
ton of and from all debts and charges now due and owing
from said town of Lancaster, or which may hereafter be
found due and owing, by reason of any contracts, engage-
ments, judgments of court, or any matter or thing, whatso-
ever, now or hereafter entered into or existing.
First meeting. Sect. 5. Any justice of the peace, within and for the
county of Worcester, may issue his warrant directed to any
principal inhabitant of the town of Clinton, requiring him
to notify and warn the inhabitants thereof, qualified to vote
in town affairs, to meet at the time and place therein ap-
pointed, for the purpose of choosing all such town officers
as towns are, by law, authorized and required to choose at
their annual meetings ; and said warrants shall be served
by publishing a copy thereof in some newspaper printed in
said Clinton, and by posting up copies thereof, all attested
by the person to whom the same is directed, in two public
places in said town, seven days at least before such times
of meeting ; such justice, or, in his absence, such principal
inhabitant, shall preside until the choice of moderator, in
said meeting. The selectmen of Lancaster shall, before
said meeting, prepare a list of voters in said town of Clin-
ton, qualified to vote at said meeting, and shall deliver the
same to the person presiding at such meeting, before the
choice of a moderator thereof.
Sect. 6. This act shall take effect from and after its
passage. [Approved by the Governor, March 14, 1850.]
Chat) 73 ^n ^CT t0 incorPorate the Great Marsh Dyking, Water Power and Fish-
■* " ' ing Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. John B. Crocker, Charles Marston, Nathaniel
Hinckley, their associates and successors, are hereby made
a corporation, by the name of the Great Marsh Dyking,
Powers and du- Water Power and Fishing Company, Avith 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.
To construct a Sect. 2. Said corporation is hereby authorized to locate
siab?e '" Bani" an<^ construct a dyke, in the northerly part of the town of
Barnstable, from a place called the Calves' Pasture, to San-
dy Neck, so called, so as to prevent the flow of the salt
Corporators.
ties
R. S. ch. 44.
1850. Chap. 73—74. 325
waters above the line of said dyke, for the purpose of drain-
ing the marshes there situate, and converting the same into
fresh meadow", or tillage land. And, for the accomplish-
ment of the purposes mentioned in this section, said corpo-
ration is hereby authorized to exercise all the powers and To have the
. ., i • i c i j_- • powers of com-
pnvileges which are conferred upon commissioners, ap- missioners, un-
pointed in pursuance of the provisions of the one hundred derR. s. eh.
and fifteenth chapter of the Revised Statutes.
Sect. 3. Said dyke shall be provided with a sufficient Gateway,
opening, or gateway, to permit the waters accumulating
above, to pass off when necessary or expedient. And said
corporation shall have authority to raise the water above
said dyke, for the purpose of creating a water power, and Water power,
shall be the exclusive proprietors of said water power, with
the sole right of directing, using, selling, or otherwise dis-
posing of the same, as may be deemed expedient : pro- Proviso.
vided, that no interference with private rights is occasioned
thereby.
Sect. 4. Said corporation shall have the exclusive own- Herrine fishery,
, • c i • . . r i . i • ownership and
erslnp of any herring, or other fishery, created in conse- rjsht to regu-
quence of the location of said dyke, together with the right late-
of regulating such fisheries, and taking the fish therein, to
their own exclusive use. Said corporation shall also have
the exclusive right of planting, growing, and digging oys- Oysters— 1848,
ters, in the waters above said dyke, with the powers and c '
privileges, and subject to the restrictions, mentioned in the
act of eighteen hundred and forty-eight, chapter one hun-
dred and fifty-two, entitled " an act concerning the plant-
ing of oysters."
Sect. 5. Said corporation are hereby authorized to raise Capital stock.
the sum of eighty thousand dollars, by the creation of one
thousand shares, of eighty dollars each, for the purpose of Shares.
erecting and completing said dyke, and for the purchase of
real estate, necessary for the same ; and said corporation
may hold real and personal estate, necessary and conve- Real and per-
nient for the purposes aforesaid, not exceeding in amount soua
one hundred thousand dollars. [Approved by the Governor,
March 14, 1850.]
An Act to authorize the Boston Marine Railway Company to extend their f^l,nn 1A
Wharf. isnap. <<*.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Boston Marine Railway Company, proprietors of a in Boston.
wharf situate on Commercial street, in the city of Boston,
are hereby authorized to extend and maintain the said
326
1850.
-Chap. 74—77.
1837, ch. 229.
Proviso.
wharf into the harbor channel, as far as the line established
by the act entitled " an act to preserve the harbor of Bos-
ton, and to prevent encroachments therein," passed on the
nineteenth day of April, in the year one thousand eight
hundred and thirty-seven, with the same rights and privi-
leges, in the said wharf so extended, as they now have and
enjoy : provided, that so much of said wharf as shall be
erected under this act, shall be built on piles, and that this
act shall in no wise affect the legal rights of any persons or
corporations whatever. [Approved by the Governor, March
14, 1850.]
Chap. 75.
Powers and du-
ties, act 1839,
ch. 138.
Chap. 76.
Corporators.
In Boston.
28 years.
Powers and du-
ties. R. S. ch,
37, 44, and sub-
sequent statutes-
Chap. 77.
1827, ch. 47.
An Act to establish a Fire Department in the Town of Concord.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
A fire department is hereby established in the town of
Concord, subject to all the duties and liabilities, and with
all the powers and privileges, set forth and contained in the
act entitled "an act to regulate fire departments," passed
on the ninth day of April, A. D. eighteen hundred and
thirty-nine. [Approved by the Governor, March 14, 1850.]
An Act to incorporate the Boston Manufacturers Mutual Fire Insurance
Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
John Clark, William Dwight, Pliny Cutler, their asso-
ciates and successors, are hereby made a corporation, by the
name of the Boston Manufacturers Mutual Fire Insurance
Company, in the city of Boston, for the term of twenty-
eight years, for the purpose of insuring manufactories and
other buildings, and their contents, against loss or damage
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 statutes subsequently passed, relating to mu-
tual fire insurance companies. [Approved by the Governor,
March 15. 1850.]
An Act to increase the Capital Stock of the Lowell 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 Lowell Manufacturing Company are hereby author-
1850. Chap. 77—80. 327
ized to increase their capital stock, by adding thereto five #500.000 addi-
hnndred thousand dollars, and to invest such portion there- tI0n
of in real estate as may be necessary and convenient for Real estate.
the purpose for which they have been incorporated. [Ap-
proved by the Governor, March 16, 1850.]
An Act to incorporate the Doctrinal Tract and Book Society. Chat). 78
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Leonard Woods, Jacob Ide, Sewall Harding, corporators.
and their associates and successors, are hereby made a cor-
poration by the name of the Doctrinal Tract and Book So-
ciety, for the purpose of producing, publishing, selling, and
circulating moral and religious tracts and books, with all the
powers and privileges, and subject to all the duties, liabili- Powers and du-
ties, and restrictions, set forth in the forty-fourth chapter of rCSs. ch. 44.
the Revised Statutes.
Sect. 2. The said corporation may take and hold, for Real and per-
the aforesaid purposes, real and personal estate, to an sonal estate-
amount not exceeding fifty thousand dollars. [Approved
by the Governor, March 16, 1850.]
An Act concerning the Valuation of the Property of this Commonwealth. Chan. 79.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. If the assessors of any town or city shall re- Fins, when as-
fuse or neglect to give information in relation to their val- lessors neg'ect.-
uation of such town or city, when required so to do by the ence to vaiua-
state valuation committee, or by any sub-committee there- tlon"
of, they shall be liable, for such refusal or neglect, to the
fine provided in the fourth section of the act to ascertain
the ratable estate within this Commonwealth, passed at the
present session of the Legislature, for neglecting or refusing
to do, or perform, the duties required by said act.
Sect. 2. The secretary of the Commonwealth shall
transmit a copy of this act to the assessors of each town or
city in this Commonwealth. [Approved by the Governor,
March 16, 1850.]
An Act to authorize Joshua Nickerson and Lewis Nickerson to build a Chan 80
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 :
Joshua Nickerson and Lewis Nickerson are hereby
328
1850.
-Chap. 80—83.
In Province-
town
Proviso.
Chap. 81.
authorized to build a wharf from their land adjoining the
harbor of Provincetown, and to extend said wharf to six
feet of water at low tide ; and shall have the right to lay
vessels at the end and sides of said wharf, and to receive
wharfage and dockage therefor : provided, that this grant
shall in no wise impair the legal rights of any person.
[Approved by the Governor, March 18, 1850.]
An Act authorizing the Construction of a Bridge across Oyster Pond
River, in the town of Chatham.
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 county commissioners of the county of Barnstable
are hereby authorized and empowered to locate and con-
struct, or cause to be located and constructed, a bridge over
a certain tide water, called Oyster Pond River, in the town
of Chatham, at such place, and of such construction, as said
commissioners may adjudge to be in accordance with the
wants and necessities of the citizens of Chatham and others.
[Approved by the Governor, March 18, 1850.]
Chap. 82.
In Province-
town.
Proviso.
An Act to authorize Isaac Small, 2d, to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Isaac Small, 2d, is hereby authorized to build a wharf
from his land adjoining the harbor of Provincetown, and
to extend said wharf to six feet of water at low tide, and
shall have the right to lay vessels at the ends and sides of
said wharf, and to receive wharfage and dockage therefor :
provided, that this grant shall in no wise impair the legal
rights of any persons. [Approved by the Governor, March
18, 1850.]
Chap. 83,
Salary of assist-
ant librarian.
An Act in addition to "An Act relating to the State Library."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The salary of the assistant librarian and clerk of the sec-
retary of the board of education shall be twelve hundred
dollars annually, to be paid quarterly. [Approved by the
Governor, March 18, 1850.]
1850. Chap. 84—86. 329
An Act to authorize Nathaniel Chase, 2d, and his associates, to huild a CJldP 84
Wharf. ■* *
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Nathaniel Chase, 2d, and his associates, are hereby an- in Harwich,
thorized to build and maintain a wharf from their land ad-
joining the harbor of Harwich, at a place usually called
Nons, and to extend the same three hundred feet from the
shore, and shall have the right to lay vessels at the end
and sides of said wharf, and to receive wharfage and dock-
age therefor : provided, that this grant shall in no wise im- Proviso.
pair the legal rights of any person. [Approved by the Gov-
ernor, March 18, 1850.]
An Act to authorize Ira Darrow to huild a Wharf. Chap. 85.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Ira Darrow is hereby authorized to build and maintain a In Edgartown.
wharf from his land adjoining the harbor of Edgartown. and
to extend the same into the channel of said harbor, to a
point where there may be a depth of water equal to that at
the other wharves now erected in said harbor, and to lay
vessels at said wharf, and receive wharfage and dockage
therefor : provided, that this grant shall in no wise impair Proviso.
the legal rights of any person. [Approved by the Governor,
March 18, 1850.]
An Act to authorize Waterman Crocker to huild a Wharf. Chap. 86.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Waterman Crocker is hereby authorized to build a wharf in Province-
from his land adjoining the harbor at Provincetown, and to ,own-
extend the same to six feet of water at low tide, and shall
have the right to lay vessels at the end and sides of said
wharf, and to receive dockage and wharfage therefor : pro- proviso.
vided, that this grant shall in no wise impair the legal
rights of any person. [Approved by the Governor, March
18, 1850.]
43
330
1850.
-Chap. 87—89.
Chap. 87.
1847, ch. 268.
1848, ch. 258.
Time extended
•to April 26,
1851.
An Act to extend the time for paying in the Capital Stock of the Traders
Fire and Marine Insurance Company.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The time within which the capital stock of the Traders
Fire and Marine Insurance Com pan}'-, in Boston, is, by law,
required to be paid in, is hereby extended to the twenty-
sixth day of April, in the year one thousand eight hundred
and fifty-one. [Approved by the Governor, March 18,
1850.]
Chap. 88.
May take in
trust for Com-
monwealth.
Duty of treasur-
er of Common-
wealth.
Proviso,
An Act concerning the Board 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 follows :
Sect. 1. The board of education, for the time being,
shall have power to take and hold, to them and their suc-
cessors, in trust for the Commonwealth, any grant or devise
of lands, and any donation or bequest of money, or other
personal property, which has been, or may hereafter be,
made to them for educational purposes ; and shall forthwith
pay over to the treasurer of the Commonwealth, for safe-
keeping and investment, all moneys and other personal
property so received ; and the said treasurer shall, from time
to time, receive from said board all such sums of money,
and other personal property, and invest all moneys in the
name of the Commonwealth, and shall pay to said board,
on the warrant of the governor, the income or principal
thereof, as they shall, from time to time, require ; and for
the faithful management of all such property, so received
by the treasurer, he shall be responsible, upon his bond to
the Commonwealth, as for other funds received by him in
his official capacity ; provided, that nothing in this act con-
tained shall authorize any disposition of any devise, dona-
tion or bequest, inconsistent with the conditions or terms
thereof.
Sect. 2. This act shall take effect from the date of its
passage. [Approved by the Governor, March 18, 1850.]
Chap. 89. An Act t° incorporate the Trustees of Donations for Education in Liberia.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. Simon Greenleaf, George N. Briggs, Joel Giles,
their associates and successors, are hereby made a corpora-
tion, by the name of the Trustees of Donations for Educa-
Corporators.
1850. Chap. 89—91. 331
tion in Liberia, with all the powers and privileges, and Powers and
subject to all the duties, restrictions, and liabilities, set forth r 's^i, 44
in the forty-fourth chapter of the Revised Statutes.
Sect. 2. Said corporation may hold real and personal Real and per-
estate, to the value of one hundred thousand dollars, the sona cslale'
income whereof shall be applied to the promotion of colle- Object.
giate education in Liberia, by the establishment and sup-
port of one or more seminaries of learning, and also, if
necessary, to the training of proper instructors for the same,
at the discretion of the trustees. [Approved by the Gover-
nor, March 19, 1850.]
An Act to prevent persons from using Fraudulent Marks and Stamps. Chap. 90.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Every person who shall knowingly and wil- Penalty for
fully forge or counterfeit, or cause or procure to be forged p^fall'iabei's,
or counterfeited, upon any goods, wares, or merchandise, &c-
the private labels, or stamps, or trade marks, of any me-
chanic or manufacturer, with intent to defraud the pur-
chasers, or manufacturers, of any goods, wares, or merchan-
dise whatever, upon conviction thereof, shall be punished
by imprisonment for a term not exceeding six months, or
by fine not exceeding five hundred dollars.
Sect. 2. Every person who shall vend any goods, Penalty for
i -,- t ■ , r. -I selling wares
wares, or merchandise, having thereon any forged or coun- having forged
terfeited stamps, labels, or trade marks, of any mechanic or stamPs> &c-
manufacturer, knowing the same to be forged or counter-
feited, without disclosing the fact to the purchaser, shall,
upon conviction, be deemed guilty of a misdemeanor, and
shall be punished by imprisonment not exceeding six
months, or by fine not exceeding fifty dollars.
Sect. 3. This act shall not take effect until six months
after its passage. [Approved by the Governor, March 19,
1850.]
An Act relating to Limited Partnerships. Cfl(l1) 9 1 .
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. In all limited partnerships, the business of the R- s.ch. 34, § 7,
partnership shall be conducted under a firm, in which the lation to liability
names of the general partners only shall be inserted, with- of ^PcciaI Part"
out the addition of the word company, or any other general
term ; and if the name of any special partner shall be used
in such firm, with his consent or privity, he shall be deemed
332 1850. Chap. 91—94.
and treated as a general partner ; or if he shall personally
make any contract respecting the concerns of the partner-
ship, with any person except general partners, he shall be
deemed and treated as a general partner in relation to such
contract, unless he shall make it appear that in making
such contract he acted as special partner only.
Repeal. Sect. 2. The seventh section of the thirty-fourth chap-
ter of the Revised Statutes is hereby repealed. {Approved
by the Governor, March 19, 1850.]
Chop. 92. An Act to incorporate the Cochituate Lead Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. David Loring, William W. Wheildon, and Jo-
seph Holbrook, their associates and successors, are hereby
made a corporation, by the name of the Cochituate Lead
Company, for the purpose of manufacturing lead, copper,
in Charlestown. and iron pipes, sheet lead, and shot, in the city of Charles-
Powers and town, with all the powers and privileges, and subject to all
RUtSS'ch 38 44 the duties, restrictions, and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Real estate. Sect. 2. Said corporation, for the purposes aforesaid,
may take and hold real estate, not exceeding in value one
Capital stock. hun(3re(l ancj fifty thousand dollars, and their whole capital
stock shall not exceed two hundred thousand dollars. [Ap-
proved by the Governor, March 19, 1850.J
Chap. 93. An Act to extend the time for paying in the Capital Stock of the Wor-
1849, ch. 185. Cester County 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 :
Time extended Sect. 1. The time for paying in the capital stock of
i850UgUSt * tne Worcester County Bank, is hereby extended to the first
day of August next.
Sect. 2. This act shall take effect from and after its pas-
sage. [Approved by the Governor, March 19, 1850.]
CllClY). 94. ^n ^CT *° incorporate the Revere Mutual Fire and Marine Insurance
■" " Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. Levi A. Dowley, Otis Rich, Peter Dunbar,
their associates and successors, are hereby made a corpora-
tion, by the name of the Revere Mutual Fire and Marine
1850. Chap. 94—95. 333
Insurance Company, in the city of Boston, for the term of in Boston,
twenty years, for the purpose of making maritime loans and 20 years.
insurance against maritime losses, and insurance against
losses by fire, on the principle of a mutual insurance com-
pany ; and for this purpose shall have all the powers and
privileges, and be subject to all the duties, restrictions, Powers and du-
and liabilities, set forth in the thirty-seventh and forty- j£sg# ch 37 u
fourth chapters of the Revised Statutes, and all statutes and subsequent
subsequently passed relating to mutual insurance com-saues'
panies, so far as the same are applicable to the corporation
hereby created.
Sect. 2. No marine policy shall be issued until applica- No marine poii-
tion shall have been made for marine insurance, for the sum poo^olTap-
of one hundred thousand dollars; and no division of any plied for to be
funds, received by, or remaining in, the hands of said com- ^division of
pany, shall be made among the stockholders thereof, until funds till expira-
the expiration of their charter; but such funds shall be tion of cl,arter-
invested in the manner now authorized by law. [Approved
by the Governor, March 19, 1S50.]
An Act to incorporate the Charitable Association of the Roxbury Fire CllCltt. 95.
Department. * "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Abraham S. Parker, William G. Eaton, John Corporators.
Withers, their associates and successors, are hereby made a
corporation, by the name of the Charitable Association of
the Roxbury Fire Department, for the purpose of affording Object,
relief to such of their members as may at any time receive
injury in the discharge of their duties as members of the
Roxbury fire department, or to their families, in event of
their decease, with all the powers and privileges, and sub- Powers and .
ject to all the duties, liabilities, and restrictions, set forth r. s. ch. 44.
in the forty-fourth chapter of the Revised Statutes.
Sect. 2. Said corporation may receive and take, by Real and per-
purchase, grant, devise, bequest, or donation, any property, sona estate-
real or personal, and hold the same for the purpose afore-
said, and may manage and dispose of the same, at their
discretion : provided, that the whole amount of real and Proviso.
personal property held by said corporation shall not, at any
one time, exceed in value the sum of fifty thousand dollars.
[Approved by the Governor, March 19, 1850.]
334 1850. Chap. 96—98.
Chap. 96. -^n Act to authorize Nathaniel Chase and others to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
in Dennis. Nathaniel Chase, and his associates, are hereby author-
ized to build and maintain a wharf from their land at or
near Shad Hole, so called, in the town of Dennis, and to
extend the same, in a southerly direction, to eight feet of
water at low tide, and shall have the right to lay vessels
at the end and sides of said wharf, and to receive wharfage
Proviso. and dockage therefor : provided, that this grant shall in no
wise impair the legal rights of any person. [Approved
by the Governor, March 19, 1850.]
Chap. 97. An Act in addition to the several Acts for the Relief of Insolvent Debtors,
and the more Equal Distribution of their Effects.
, c . 6 . gjg ^ enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Of property ac- Whenever, under the provisions of the "act for the
quired after dis- rejjef 0f insolvent debtors and for the more equal distribu-
charge, in case - . -1
specified. tion of their effects." and the several acts in addition
thereto, a discharge has been or shall be granted to any
person, the property or estate of such person, by him ac-
quired subsequently to the time of the first publication of
the notice of the issuing of the warrant in said case, shall
not be subject to attachment, by trustee process or other-
wise, in any suit to recover any debt which may have
been provable under said act, and due to any person or
persons, not resident in this State at the time of such first
publication, or founded on any contract existing at the
time of said first publication, and made or to be performed
out of the limits of this Commonwealth. [Approved by
the Governor, March 20, 1850.]
Chap. 98. An Act concerning the Redemption of Real Estate sold for 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 :
Real estate sold Sect. 1. When real estate is sold for the non-payment
deemed incases °f taxes> it maY De redeemed in the cases hereinafter speci-
specified. fied, notwithstanding the expiration of two years from the
day of sale.
1st. First. — When no person is named in the tax list, as the
owner or occupant of the premises, they being taxed as
belonging to persons unknown.
2d. Secondly. — When the person, who is named in the said
1850. Chap. 98—99. 335
list, is merely a tenant or occupant of the premises, and not
the rightful owner thereof.
Thirdly. — When there is any error in the name of the 3d.
person intended to be taxed.
Sect. 2. In the cases before mentioned, the estate may Who may
be redeemed by any person having a lawful title thereto, Loingcases?™
at any time within two years after he shall have had actual
notice of the sale : provided, that his title to the premises Proviso.
is such, that he might have recovered the same, if no such
sale had been made.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 20, 1850.]
An Act to incorporate the Wequabsqua Fishing Company. Chef)). 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 :
Sect. 1. Charles Weeks, Samuel T. Hancock, Moses Corporators.
A. Mayhew, Tristram Allen, Calvin C. Adams, and others,
their associates and successors, proprietors of the lands ad-
joining a pond, situated in the south part of the town of in Chiimark.
Chilmark, known by the name of Chiimark Pond, are
hereby made a corporation, by the name of the Wequab-
squa Fishing Company, for the purpose of taking fish To take fish,
within the limits hereinafter specified ; and, for this purpose,
shall have all the powers and privileges, and be subject to Powers and
all the duties, restrictions, and liabilities, contained in the RUtgSch 44
forty- fourth chapter of the Revised Statutes, passed on the
fourth day of November, one thousand eight hundred and
thirty-five.
Sect. 2. All persons who are proprietors of the lands. Members.
as aforesaid, shall have the right to become members, bear
the expenses, and share the profits, of the company, in like
proportion as was the estimated value of their several
meadows, according to the valuation of the commissioners
of sewers, in the year one thousand eight hundred and
forty-eight, to the value of the whole.
Sect. 3. The said company are hereby empowered to Limits of fish-
maintain a creek or canal, from said pond, across the neck ery'
of land, called Wequabsqua, to the sea, with the exclusive
privilege and control of the fishery in said creek, and so
much of the pond as lies within the distance of ten rods
from the head of the creek, and also so much of the sea or
ocean, from high-water mark, as lies within the distance of
fifty rods from the mouth of said creek.
Sect. 4. If any person, in violation of the by-laws of SSflrfi *?
said company, shall take, catch, or destroy, any fish, within violation of by-
336
1850.
-Chap. 99—100.
the limits named in the preceding section, he shall forfeit
and pay, for each offence, a sum not exceeding twenty
dollars, nor less than five, dollars, one half to the complain-
ant, and the other half to the town of Chilmark.
First meeting. Sect. 5. Either of the persons named in the first sec-
tion of this act, is hereby authorized to call the first meet-
ing of the company, by causing a notification, stating the
time and place of meeting, and the business to be acted
upon, to be published in the Vineyard Gazette, a news-
paper printed in the town of Edgartown, or by giving per-
sonal notice to each proprietor.
Sect. 6. This act shall take effect from and after its
passage. [Approved by the Governor, March 20, 1850.]
Chap 100.
Where husband
or wife joins a
sect denying
the marriage
relation, cause
of divorce
from bonds of
matrimony.
Estate of wife,
alimony, &c.
An Act relating to Divorce.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. If any husband or wife shall separate himself
or herself from the other without her or his consent, join-
ing and uniting himself or herself with any religious sect
or society that believes, or professes to believe, the relation
between husband and wife void or unlawful, and continu-
ing to live so united with such sect or society for the space
of three years, and refusing during that time to cohabit
with the other, who shall not have joined and continued
united with any such sect or society, such act shall be
deemed and taken to be, in behalf of the party so left
and abandoned, a sufficient cause of divorce from the bonds
of matrimony.
Sect. 2. In cases where such husband or wife has,
before the passage of this act. so separated from the other,
and joined and united with such sect or society, and so
refused to cohabit with the other party, (the other party
not having joined and continued united with any such sect
or society,) and shall continue so separated from the other
and united with such sect or society, for a term of not less
than three years from the commencement of such separa-
tion, six months of which time shall elapse after the pas-
sage of this act, the same shall be deemed and taken to be
a sufficient cause of divorce from the bonds of matrimony.
Sect. 3. In all cases where a divorce shall be granted
to the wife by virtue of this act, the same proceedings
shall be had touching the estate of the wife, or the alimony
to be allowed her, as in the case of divorce on account of
desertion for five consecutive years on the part of the hus-
band. [Approved by the Governor, March 20, 1850.J
1850. Chap. 101—103. 337
An Act to incorporate the Danvers Savings Bank. Chan 101.
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 Putnam, Samuel Putnam, Elbridge Trask, their Corporator?,
associates and successors, are hereby made a corporation,
by the name of the Danvers Savings Bank, to be estab-
lished in the town of Danvers, with all the powers and Powers and
privileges, and subject to all the duties, liabilities, and re- ^Ugs'ch 36
strictions, set forth in the thirty-sixth chapter of the Re- and mi,ch.
vised 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 institu-
tions for savings. [Approved by the Governor, March 20,
1850.]
An Act to incorporate the Tufts Institution of Learning. Chat) 10$
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. I. Benjamin B. Mussey, Timothy Cotting, Rich- Corporators,
ard Frothingham, junior, their associates and successors,
are hereby made a corporation, by the name of the Tufts
Institution of Learning:, to be established in the town of in SomervMe or
Somerville or the town of Medford, in the county of Mid- Mid-
dlesex, with all the powers and privileges, and subject to Powers and
all the duties, restrictions, and liabilities, set forth in the (Ru,ses"ch 44
forty-fourth chapter of the Revised Statutes.
Sect. 2. Said corporation may hold real estate and per- Pu>ai and per-
sonal property, to an amount not exceeding fifty thousand sonalesta,e-
dollars, to be devoted exclusively to the purposes of educa-
tion. [Approved by the Governor, March 20, 1850.]
An Act to incorporate the Lyman Fire Insurance Company. CllGl) 103.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Charles Leighton, Abraham W. Blanchard, Corporators.
Amos Cotting, their associates and successors, are hereby
made a corporation, for the term of twenty years from the 20 years.
passage of this act, by the name of the Lyman Fire Insur-
ance Company, in the city of Boston, for the purpose of in Boston,
making insurance against losses by fire, with all the powers Powers and
and privileges, and subject to all the duties, liabilities, and RUtses'ch. 37 4i
restrictions, set forth in the thirty-seventh and forty-fourth and all subse-
chapters of the Revised Statutes, and in all acts subse- (iuenlstaU
quently passed relating to insurance companies.
44
338
1850.
■Chap. 103—105.
Capital stock.
Real estate.
Sect. 2. The capital stock of said company shall be
one hundred thousand dollars, and said company may hold
real estate, not exceeding in value ten thousand dollars,
excepting such as may be taken for debt, or held as col-
lateral security for money due to said company. [Approved
by the Governor, March 20, 1850.]
Chef)) 104. An Act to incorporate the Franklin County Agricultural Society.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. Horatio G. Newcomb, David R. Wait, Wen-
dell T. Davis, their successors and assigns, are hereby made
a corporation, by the name of the Franklin County Agri-
cultural Society, for the encouragement of agriculture and
the mechanic arts, by premiums and other means, in the
Powers and town of Greenfield, in the county of Franklin, with all
RUtsSch. 42 41 tne powers and privileges, and subject to all the duties,
liabilities, and restrictions, set forth in the forty-second and
forty-fourth chapters of the Revised Statutes, and all sub-
sequent acts concerning agricultural societies. And said
corporation may hold and manage real estate not exceeding
in value the sum of fifteen thousand dollars, and personal
estate not exceeding the same sum, for the purposes afore-
said, and said corporation shall be entitled, on the same
terms as other agricultural societies, to receive annually,
from the treasury of the. Commonwealth, such sum as any
other agricultural society may receive under the provisions
of chapter forty-second of the Revised Statutes, notwith-
standing the restriction in the second section of said chap-
ter. [Approved by the Governor, March 20, 1850.]
and all subse-
quent statutes
Real and per-
sonal estate.
Chap 105,
Bond to be
given by mas-
ter, &c, to the
Commonweal lb
that alien shall
not become a
charge as pau-
per.
An Act relating to Alien Passengers.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Any master, owner, consignee, or agent, of
any vessel, or any passenger carrier by water, who shall
bring or aid in bringing into this Commonwealth any alien
never before within the State, shall, for each and every
such alien, give a bond to the Commonwealth with good
and sufficient sureties, to be approved by the superintend-
ent of alien passengers, in the penalty of one thousand
dollars, with a condition that no such alien shall ever be-
come a city, town, or state charge as a pauper, and in de-
fault of giving such bond, shall forfeit and pay to the use
of the Commonwealth, the sum of one thousand dollars
1850. Chap. 105. 339
for every such alien so brought into the State, to be recov-
ered by action of debt, in any court competent to try the
same : provided, that it shall be at the option of every such Proviso.
master, owner, consignee, or agent of any vessel, or pas-
senger carrier by water, to pay to the superintendent of
alien passengers, for the use of the Commonwealth, in
place of such bond, the sum of two dollars for every such
alien, who is not, in the opinion of the superintendent, a
pauper, lunatic, or idiot, or maimed, aged, infirm or desti-
tute, or incompetent to take care of himself or herself, with-
out becoming a public charge as a pauper : and provided, Proviso.
also, that this act shall not extend to seamen sent from
foreign ports by consuls or vice consuls of the United
States, nor to ambassadors, consuls, or public ministers, or
other persons representing foreign states, nor to persons
coming on shore from vessels in distress, nor to any alien
passenger taken from any wreck where life is hi danger.
Sect. 2. The superintendent of alien passengers in any Duty of super-
city or town of this Commonwealth, may make all de- luteu
mands for bonds under this act, and all examinations of
alien passengers, brought or coming into this State by
water, necessary to enforce the provisions of this act and
all other acts in relation to alien passengers.
Sect. 3. The abstract of returns and bonds deposited Publication of
with the treasurer of the Commonwealth by the superin- tarnslLfboTds.
tendents of alien passengers, to be published by him in the
months of January, May, and September, in each year, and
forwarded to the clerks of the several towns and cities in
the Commonwealth, shall be so published and forwarded
monthly.
Sect. 4. Justices of the peace may, upon the complaint Justices may
of superintendents of alien passengers, exercise the same powereeranted
power which, by the seventeenth section of the forty-sixth by R. s. ch. 46,
chapter of the Revised Statutes, they are now authorized 5
to exercise upon the complaint of overseers of towns.
Sect. 5. All acts and parts of acts inconsistent with Repeal,
this act are hereby repealed.
Sect. 6. Whenever any city or town shall have in- Cities and
curred any expense or charge for the support of any alien reimbursed for
for whom a bond has been given, under the provisions of support of
the first section of this act, or the fifth section of the three
hundred and thirteenth chapter of the acts of the year
1848, the claims of such city or town therefor, upon being
approved by the auditor, may be paid by the treasurer of
the Commonwealth, whose duty it shall be to cause the
same to be forthwith collected of the obligors in such bond,
and paid into the treasury of the Commonwealth.
340
1850.
-Chap. 105—106.
Sect. 7. This act shall take effect from and after its
passage. [Approved by the Governor, March 20, 1850.]
Chap 106.
Board of alder-
men.
Wardens, ward
clerks, and in-
spectors.
Wardens and
Inspectors pro
tempore.
Overseers of
the poor and
school commit-
tee.
Same —
judges of re-
turns of elec-
tions.
An Act in further addition to an Act to establish the City of Charlestown.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The several acts concerning the city of Charles-
town are hereby amended as follows : — The board of alder-
men shall hold their offices until the first Monday of Janu-
ary in each year, and until a majority of the new board
shall be elected and qualified. And whenever it shall ap-
pear that a majority of the new board has not been elected,
previously to the said first Monday in January, a record of
the fact shall be made by the mayor and aldermen for the
time being, and an attested copy thereof shall be read by
the city clerk, at the opening of the convention to be held
on that day, as is now provided in the case of no election
of mayor.
Sect. 2. The wardens, ward clerks, and inspectors, shall
also hold their offices until their respective successors are
qualified ; and in case of the resignation of any of those
officers, or of the refusal of any one elected to accept such
office, or of a vacancy occasioned by removal, or otherwise,
and, on the same being duly notified to their ward, the va-
cancy may be filled at any ward meeting.
Sect. 3. In case of the temporary absence of both the
warden and the ward clerk, one of the inspectors shall pre-
side until a warden is chosen, pro tempore. Snch warden
may be qualified by the presiding inspector, and he may
also qualify the ward clerk, when chosen, pro tempore. In
case of the temporary absence of the inspectors, or any of
them, inspectors may be chosen, pro tempore, who may be
qualified by the presiding warden. And the choice of any
of these officers, pro tempore, may be made by nomination,
and by hand-vote, if the voters present so determine.
Sect. 4. In case of the failure of an election of any of
the overseers of the poor, or of the school committee, new
trials shall be had until the elections are completed ; and
for this purpose, ward meetings may be adjourned from day
to day.
Sect. 5. The mayor and aldermen, for the time being,
shall be the judges of the returns, and of the elections of
the overseers of the poor, and of the school committee, and
shall cause the persons, ascertained by them to be elected,
to be notified of their election ; and, on being notified of
any vacancy in either of said boards, they may issue their
warrants for a new election.
1850. Chap. 106—108. 341
Sect. 6. After the present municipal year, the school Number of
committee shall consist of thirteen members, as follows: — school commit-
the mayor, who shall be, ex officio, president, and twelve
others, four to be chosen from and by each ward.
Sect. 7. No board, nor committee of the city council, Of contracts to
or of either branch thereof, shall make any contracts on be- "K l e Clly'
half of, and binding upon said city, the amount of which
contracts shall exceed the specific appropriations of the city
council, previously made therefor.
Sect. 8. No member of the board of aldermen, or of Aldermen not
the common council, shall hold any office in the city, the fi°e wRrfsaiary
salary of which is payable out of the city treasury. from city treas-
Sect. 9. All portions of former acts, in relation to said ^peal
city, which are inconsistent with the provisions of this act,
are hereby repealed.
Sect. 10. This act shall not go into operation until a This act to be
majority of the citizens voting thereon, by yea and nay, ehlzens. y ' e
and by ballot, shall accept the same, at ward meetings duly
notified for the purpose, at which meetings the polls shall
be kept open at least six hours, and the check lists shall be
used, as at the elections of state and city officers. And if
this act shall be so accepted, it shall take effect from and
after its acceptance, as aforesaid. [Approved by the Gov-
ernor, March 21, 1850.]
An Act concerning Costs in Criminal Prosecutions. CJlClJ) 107.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Justices of the peace are hereby authorized, in Ofcoststobe
criminal prosecutions instituted before them, to allow to no°actual ser-
officers upon warrants, where no actual service is made, and vice is made-
to tax and certify, such costs as they may deem proper, ac-
cording to the circumstances of each case.
Sect. 2. All acts and parts of acts, inconsistent with
this act, are hereby repealed. [Approved by the Governor,
March 21, 1850.]
An Act in addition to an Act in relation to the Public Health. Chap 108.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Whenever the board of health of any city or town shall Fowc/°i, , ,
-i 4.-.C1 n •• i ii boards of health
be satisned, upon due examination, that any cellar, room, to remove occu-
tenement, or building, occupied as a dwelling-place, within pants from cel-
, . ' . ~ ' ' & i ' lars, tenements,
such city or town, is unfit for that purpose, and a cause of &c.,whena
nuisance or sickness, either to the occupants or to the pub- SEwS*.
ness,
342
1850.
-Chap. 108—110.
Penalty for re-
fusing to quit,
on notice by
lie, such board of health may issue a notice, in writing, to
such persons, or any of them, requiring them to remove
from, or quit such cellar, room, tenement, or building,
within such time as the said board of health may deem
reasonable. And if the person or persons so notified, or
any of them, shall neglect or refuse so to remove and quit,
board of he'aith. within the time mentioned, it shall be lawful for such board
of health to remove them forcibly, and to close up such cel-
lar, room, tenement, or building, and the same shall not be
again occupied as a dwelling-place, without the consent, in
writing, of the board of health, under a penalty of not less
than ten, nor more than fifty dollars, to be recovered by in-
dictment of the owner or owners, if they shall have know-
ingly permitted the same to be so occupied. [Approved by
the Governor, March 21, 1850.]
Chap 109.
1849, ch. 237.
Time for com-
pleting1, extend-
ed one year.
Chap US).
Corporators.
J»\a.y hold a
tract of land in
Boston, describ-
ed, and erect
warehouses.
Proviso.
Powers and du-
ties.
R. S. ch. 44.
An Act concerning the Silver Lake Branch Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The time for locating and completing the Silver Lake
Branch Railroad, is hereby extended one year from the
period fixed in the act of incorporation, passed May the
second, in the year one thousand eight hundred and forty-
nine. [Approved by the Governor, March 21, 1850.]
An Act to incorporate the Boston Warehouse Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Philo S. Shelton, Zachariah Jellison, Adol-
phus Davis, their associates and successors, are hereby
made a corporation, by the name of the Boston Warehouse
Company, with power to purchase and hold, in fee simple
or otherwise, all or any part of that tract of land situate in
Boston, and bounded and described as follows : — Northerly
by State street, easterly by India street, southerly by Cen-
tral street, and westerly by Broad street, with all the build-
ings thereon, and appurtenances to the same belonging ;
and the said corporation may, within the limits aforesaid,
erect warehouses, and so improve and manage said proper-
ty, as to them shall seem expedient : provided, that nothing
contained in this act shall authorize said corporation to in-
fringe upon the legal right of any person whatever.
Sect. 2. Said corporation shall have all the powers and
privileges, and be subject to all the duties, liabilities, and
1850. Chap. 110—112. 343
restrictions, set forth in the forty-fourth chapter of the
Revised Statutes.
Sect. 3. Said corporation may hold real and personal Real and per-
estate, necessary and convenient for the purposes aforesaid, sonal estate,
not exceeding in amount five hundred thousand dollars, to
be divided into shares of one hundred dollars each : pro- Proviso.
vided, however, that no stock shall ever be issued by the
corporation at a less sum than the par value thereof. [Ap-
proved by the Governor, March 22, 1850.]
An Act in relation to Dower in Testate Estates. Chan 111.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the aiithority of
the same, as follows :
In all cases where a testator, by his last will and testa- Of setting off
ment, shall provide that his widow shall have the use and the Lmte.rest °j >
e> T--IT /• i • i -. widow in undi-
lmprovement of any undivided part of his real estate, du- vided real es-
ring her life or widowhood, the judge of probate in the Jid'improvV
county where the estate is settled may cause her interest ment being pro-
in said estate to be set off and assigned to her, in the same V1 cc ywi '
manner as dower is now, by law, set off and assigned to
widows in the real estate of persons who die intestate.
[Approved by the Governor, March 22, 1850.]
An Act additional to an Act to establish the State Reform School. Chan 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 :
Sect. 1. The trustees of the State Reform School shall Power of trus-
have power to bind out all boys committed to their charge, fees to. bind out
for any term of time during the period for which they shall °yS'
have been committed, as apprentices or servants ; and the
said trustees, and master or mistress, apprentice or servant,
shall, respectively, have all the rights and privileges, and Powers and du-
be subject to all the duties, set forth in the eightieth ^esg ch 80
chapter of the Revised Statutes, in the same manner as if
said binding or apprenticing were made by overseers of the
poor.
Sect. 2. The fourteenth section of the act to establish 1847, ch. 165,
the State Reform School shall not be so construed as to * 14' co"cerni"?
appointment of
prevent the governor and council from re-appointing, if trustees, modi-
they see fit, any of the trustees of said school, when the fied'
term for which they were previously appointed shall have
expired.
Sect. 3. The eighth section of the act to establish the Same— §8, re-
State Reform School, is hereby repealed. pealed'
344 1850. Chap. 112—115.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, March 23. 1850.]
Chap 1 1 3. An Act in addition to an Act to incorporate the Saugus Branch Railroad
Company.
1818, ch. 231. £,£ jj enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Route of road. Sect. 1. The said corporation may construct and main-
tain a railroad, upon the following route : — Beginning at a
point, at or near Sweetser's mills, in Saugus ; thence, pass-
ing near the Central Village in Saugus ; thence, through
the northerly portion of North Chelsea ; thence, through
the easterly portion of Maiden ; thence, through the cen-
tral portion of Maiden, to unite with the Boston and Maine
Railroad, at some convenient point in said Maiden.
Location to be Sect. 2. Said corporation may file their location on or
foreOctober28 before the twenty-eighth day of October, eighteen hundred
1850. . ' and fifty. [Approved by the Governor, March 23, 1850.]
Cllfl)) 114. An Act to protect Ice intended for Merchandise.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Fine for injur- If any person shall wilfully, maliciously, and without
ins, &c. ice right or license, cut, injure, mar, or otherwise damage or
taken as mer- o ' ' J ' . . . °
chandise. destroy any ice, upon any waters within this Common-
wealth, from which ice is or may be taken as an article of
merchandise, whereby the taking thereof shall be hindered,
or the value thereof be diminished for that purpose, such
person shall be punished by a fine not exceeding one hun-
dred dollars, to be recovered to the use of the Common-
wealth, in any court of competent jurisdiction. [Approved
by the Governor, March 23, 1850.]
Chap 115. An Act in relation to the Qualifications of School Teachers.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Certificate to be The duplicate certificate of the school committee of the
selectmen Wth qualification of teachers, required by the fourteenth section
of the twenty-third chapter of the Revised Statutes to be
furnished to the treasurer, shall hereafter be deposited with
the selectmen of the several towns of the Commonwealth.
[Approved by the Governor, March 23, 1850.]
1850. Chap. 116—118. 345
An Act concerning the Maiden Canal Company. CIlClj) 116.
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 Maiden Canal Company are hereby authorized to To alter the lo-
change and widen the location of their canal, and to con- catlonofcan3'-
struct and maintain the same accordingly, from the mouth
of the Maiden Creek, northerly to the land of the heirs of
the late Samuel Waite, and for this purpose to take land,
under the provisions of their charter, not exceeding twelve
rods in width ; and any portion of said canal, as now lo-
cated, which shall not be embraced within the new loca-
tion, is hereby discontinued ; and the new location hereby Leave to dis-
authorized shall be fried, within one year, with the com- conUnue-
missioners of the county of Middlesex ; and said canal shall tblb* filed wlth-
be completed and opened for use, not less than sixty feet in one ycar-
in width, within three years from the sixteenth day of ^0mpietedwith-
April, in the year one thousand eight hundred and fifty, in three years
for which period the limitation in the charter of said com- /o0^ pn '
pany is hereby extended. [Approved by the Governor,
March 23. 1850.]
An Act to change the name of the Dedham Lead Company to the Ded- Chap 117.
ham Sugar Refinery.
BE it enacted by the Senate and House of Represenia- 1846, ch. 130.
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Dedham Lead Company, incorporated on New name.
the nineteenth day of March, in the year of our Lord one thou-
sand eight hundred and forty-six, shall hereafter be known
and called by the name of the Dedham Sugar Refinery,
and shall enjoy all the rights and privileges, and be subject
to all the liabilities, of the said Dedham Lead Company.
Sect. 2. So much of said act of incorporation as em- original act
powers the said company to manufacture white lead and m0fl'fie,L
paints, is hereby repealed, and the said company shall be
hereafter empowered to invest its capital in the refining
and manufacture of sugars. [Approved by the Governor.
March 23, 1850.]
An Act to incorporate the Society for the Relief of Aged and Destitute Chat) 118.
Clergymen. ■*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. Francis Parkman, Charles Brooks, and Ephraim Corporators.
Peabody. their associates and successors, are hereby made a
45
346 1850. Chap. 118—120.
corporation, by the name of the Society for the Relief of
Aged and Destitute Clergymen, for the purpose of provid-
Object. ing for the assistance and support of aged and destitute
Powers and du- clergymen, not otherwise provided for ; with all the powers
jTs ch 41- and privileges, and subject to all the duties, liabilities, and
restrictions, set forth in the forty-fourth chapter of the Re-
vised Statutes ; and for the purposes aforesaid, may take and
Real and per- hold real estate, to an amount not exceeding fifty thousand
sona estate. dollars, and personal property, to an amount not exceeding
twenty-five thousand dollars. [Approved by the Governor,
March 23, 1850.]
Chap 119. Ari Act to incorporate the Boston Stereotype Foundry.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Corporators. Sect. 1. Joseph S. Potter, B. Franklin Marsh, George
Drake, with such other persons as already have, or may
hereafter associate with them, their successors and assigns,
be and they hereby are constituted a corporation, by the
name of the Boston Stereotype Foundry, for the purpose of
establishing, managing, and carrying on, in the counties of
in Suffolk and Suffolk and Middlesex, the business of stereotyping in all
its various branches ; and for the purposes aforesaid, they
Powers and du- shall have all the powers and privileges, and be subject to
RGSs. ch.33 44. a^ *ne duties, restrictions, and liabilities, set forth in the
thirty-eighth and forty-fourth chapters of the Revised Stat-
utes.
Real and per- Sect. 2. The said corporation may purchase, take, hold,
sonai estate. an(j conveV) for the purposes aforesaid, real and personal
estate, to such an amount as they may find necessary or
Proviso. convenient : provided, that the same shall not exceed the
sum of thirty thousand dollars in real estate, nor fifty thou-
sand dollars in personal estate : provided, that the capital
stock of this company shall never be issued under the par
value. [Approved by the Governor, March 28, 1850.]
Chcii) 1 20. An Act to authorize Andrew Brown, Junior, 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 :
in Manchester. Andrew Brown, Junior, proprietor of a wharf situated on
Central street, in the town of Manchester, is hereby author-
ized to extend and maintain said wharf thirty feet into the
river, and shall have the right to lay vessels at the end and
sides of said wharf, and receive wharfage and dockage
Proviso. therefor : provided, that this grant shall in no wise impair
1850. Chap. 120—121. 347
the legal rights of any person. [Approved by the Governor,
March 28, 1850.]
An Act relating to Banns of Marriage. C/lG)) 121.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. All persons intending to be joined in marriage Notice of mar-
shall cause notice of their intention to be entered before ^ge' owsv"
their marriage, in the office of the clerk, registrar, or other
officer appointed for such purpose, of the city or town in
which they may respectively dwell, (if within the State ;)
and if there be no such clerk in the place of their residence,
the like entry shall be made with the clerk of an adjoining
town.
Sect. 2. The clerk shall deliver to the parties a certifi- Town clerk's
cate under his hand, specifying the time when notice of the certl cate'
intention of marriage was entered with him, which certifi-
cate shall be delivered to the minister or magistrate, in
whose presence the marriage is to be contracted, before he
shall proceed to solemnize the same.
Sect. 3. Whenever parties living in this Commonwealth Parties going
shall go out of it for the purpose of having a marriage sol- tofite^mcate
emnized between them in another state, and a marriage of marriage.
shall be so solemnized, and they shall return to dwell here,
they are hereby required to file a certificate or declaration
of their marriage, including the facts concerning marriages
now required by law, with the clerk or registrar of the
town or city where either of them lived at the time, within
seven days after their return, under a penalty of ten dollars, Penalty.
to be recovered in the manner and to the uses specified in
the third section of the "act relating to the registration of
births, marriages, and deaths," passed on the second day of
May, in the year eighteen hundred and forty-nine.
Sect. 4. The fee of the clerk or registrar, for making clerk's fee.
the record of such marriage, shall be fifty cents, to be paid
by the said parties.
Sect. 5. So much of the seventy-fifth chapter of the Repeal.
Revised Statutes as is inconsistent with this act, is hereby
repealed : provided, nevertheless, that nothing herein con- Proviso.
tained shall be so construed as to modify or alter the pro-
visions of the twenty-second section of the said seventy-
fifth chapter, which relates to marriages among the people
called Friends or Quakers, but the same shall remain in
full force. [Approved by the Governor, March 28, 1850.]
348
1850.
-Chap. 122—124.
Chap 122.
1812, ch. 84.
A change of
location con-
iirmed.
A change of
location by an
order of county
commissioners
of Worcester
confirmed.
An Act concerning- the Fitchburg Railroad Corporation.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The change of location heretofore made by
said corporation, of a part of the line of said road, between
the towns of Littleton and Lunenburg, a plan of which
has been filed with the county commissioners of the county
of Middlesex, be and the same is hereby confirmed and
established, notwithstanding the omission of said corpora-
tion to file said change of location and plan within the
time prescribed by law.
Sect. 2. The alteration heretofore made in the location
of part of the line of said road in the towns of Lunen-
burg, Lancaster, Leominster, and Fitchburg, authorized by
an order of the county commissioners for the county of
Worcester, in conformity to a plan filed with them in Octo-
ber, 1844, be and the same is hereby confirmed and estab-
lished. [ Approved by the Governor, March 28, 1850.]
Chap 123,
18-16, ch. 269.
Time extended
to April 16,
1852.
An Act to extend the time for constructing- the Framingham Branch Rail-
road.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The time allowed to the Framingham Branch
Railroad Company, by an act passed on the eighteenth day
of March, in the year eighteen hundred and forty-eight,
for constructing their railroad, is hereby extended to the
sixteenth day of April, in the year one thousand eight hun-
dred and fifty-two.
Sect. 2. This act shall take effect from and after its
passage. \_Approved by the Governor, March 28, 1850.]
Chctl) 1 24 J^n ^CT *° incorPorate the Springfield Machine Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Amasa Stone, Jr., Asariah Boody, and Addison
Ware, their associates and successors, are hereby made a
corporation, under the name of the Springfield Machine
Company, for the purpose of manufacturing articles from
wood, iron, and other materials, at Springfield, in the
county of Hampden, with all the powers and privileges,
^utgesch 3S u and subject to all the duties, restrictions, and liabilities, set
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Corporators.
Purpose.
Powers and
duties.
1850. Chap. 124—127. ' 349
Sect. 2. Said corporation may hold real estate not ex- Real estate,
ceeding in value seventy thousand dollars, and their whole
capital stock shall not exceed one hundred and fifty thou-
sand dollars, which shall be divided into shares of one
hundred dollars each : provided, that no shares in the capi- Proviso, as to
tal stock of said corporation shall be issued for a less value o1 shares-
amount, to be actually paid in on each, than the par value
of the shares which shall be first issued.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, March 29, 1850.]
An Act authorizing the County Commissioners of the County of Barnsta- Chap 125.
ble to build a Bridge.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The county commissioners of the county of Bridge across
Barnstable are hereby authorized to construct, or cause to ^iifleeT* "
be constructed, a bridge across the northwest arm of Duck
Creek, in the toAvn of Wellfleet, from the landing on Mil-
ton's Hill to near Atwood's Wharf, on Mayo's Beach, of
such width and construction as the said commissioners may
determine.
Sect. 2. An act of eighteen hundred and thirty-three, 1833, ch. 103;
authorizing Paine G. Atwood to build a bridge in Wellfleet, rePea,ed-
is hereby repealed. [Approved by the Governor, March
29, 1850.]
An Act concerning the Cochituate Fire Insurance Company. Chat) 126.
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 Cochituate Fire Insurance Company are hereby Further time
allowed three months further time, from the passage of this acceptance of
act, for the acceptance of their charter, in order to comply charter,
with the requirements of the " act concerning insurance
companies," passed February twenty-second, in the year
one thousand eight hundred and forty-two. [Approved by
the Governor, March 29, 1850.]
An Act to incorporate the Paucatuck Cemetery Association. Chat) 127.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Riley Smith, Sylvanus G. Morley, Algernon Corporators.
S. Smith, their associates and successors, are hereby made
a corporation, by the name of the Paucatuck Cemetery
350 • 1850. Chap. 127—129.
Purpose. Association, for the purpose of establishing and perpetuat-
ing a place for the burial of the dead, to be located in the
In West town of West Springfield, in the county of Hampden, and
Spring e . snau have all the powers and privileges, and be subject to
dmie?.s all the duties, liabilities, and restrictions, set forth in the
r. s. ch. 44. forty-fourth chapter of the Revised Statutes.
Real and per- Sect. 2. Said corporation may hold real and personal
so- estate- estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount the sum of two thousand dollars.
[Approved by the Governor, March 29, 1850.]
Ohap 128. An Act to incorporate the Pacific 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 :
Corporators. Sect. 1. James L. Little, Andrew T. Hall, Jarvis Slade,
their associates and successors, are hereby made a corpora-
Purpose, tion, by the name of the Pacific Mills, for the purpose of
manufacturing worsted, woolen, silk, and cotton goods, in
in Lawrence, the town of Lawrence, county of Essex ; and, for these
Powers and purposes, shall have all the powers and privileges, and be
Rsfcii. 38 44. subject to all the duties, restrictions, and liabilities, set forth
in the thirty-eighth and forty-fourth chapters of the Re-
vised Statutes.
Capital stock. Sect. 2. The capital stock of said corporation shall be
one million of dollars, and said corporation may hold such
real estate as may be necessary and convenient for the pur-
poses aforesaid, not exceeding in value five hundred thou-
sand dollars.
Value of shares. Sect. 3. No shares in the capital stock of said corpora-
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which
shall be first issued. [Approved by the Governor, March
29, 1850.]
Chan 129. ^-n ^CT t0 cnall£e the name of the Second Methodist Episcopal Church
-* * in Chelsea.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
New name. That the trustees of the Second Methodist Episcopal
Church in Chelsea, in the county of Suffolk, shall, after
the passing of this act, be called and known by the name
of the Trustees of the First Methodist Episcopal Church
in Chelsea. [Approved by the Governor, April 2, 1850.]
1850. Chap. 130—132. 351
An Act concerning the Indian Orchard Railroad Corporation. Clutj) 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 :
The time for organizing the Indian Orchard Railroad Time for organ-
Corporation, incorporated May first, eighteen hundred forty- bgfe^eJedto
nine, and the time for locating and constructing their rail- May],i85i—
road, are hereby extended one year beyond the periods re- t°rMay\ei"£i.
spectively specified therefor in said act. [Approved by the
Governor, April 2, 1850.]
An Act relating to the Branding of Foreign Pickled Fish. CIlClJ) 131.
BE it enacted by the (Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. All pickled fish of foreign catch, which shall To be branded
be brought into this State, on which an import duty is laid "Foreisn-"
by the laws of the United States, and which shall be in-
spected or re-inspected in this State, shall, in addition to
the brand now required by law, be branded with the word
•' Foreign" on the head of each cask, barrel, or package,
containing such inspected or re-inspected fish, in letters not
less than one inch in length, and separate and distinct from
the other brands.
Sect. 2. If any inspector of fish shall inspect or re-in- Penalty for neg-
spect any fish of foreign catch, imported and brought into ^0^'' of in"
this State, as mentioned in the first section of this act, and
shall refuse or neglect to comply with the requirements set
forth in the said first section, he shall forfeit and pay, for
each refusal or neglect, the sum of fifteen dollars for every
cask, barrel, or package, so neglected, to be recovered by
indictment, or on complaint before a justice of the peace.
Sect. 3. This act shall take effect from and after the
first day of June, one thousand eight hundred and fifty.
[Approved by the Governor, April 2, 1850.]
An Act to incorporate the Nashawannuck Manufacturing Company. Chap 132.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Samuel Williston, Edward Smith, and Hora- Corporators,
tio G. Knight, their associates and successors, are hereby
made a corporation, by the name of the Nashawannuck
Manufacturing Company, for the purpose of manufacturing
cotton goods, webbing, suspenders, and machinery, in the &c*t0j" f^sl- '
town of Easthampton, in the county of Hampshire ; with ham'pton.
352
1850.
-Chap. 132—133.
Powers and du- all the powers and privileges, and subject to all the duties,
R?S. qL38 44. restrictions, and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
Real estate. Sect. 2. Said corporation may hold, for the purposes
aforesaid, real estate not exceeding in value the sum of
Capital stock, fifty thousand dollars, and the whole capital stock of said
corporation shall not exceed the amount of one hundred
and twenty-five thousand dollars.
Value of shares. Sect. 3. No shares in the capital stock of said corpora-
tion shall be issued for a less sum or amount, to be actu-
ally paid in on each, than the par value of the shares which
shall be first issued. [Approved by the Governor, April 2,
1850.]
Chap 133.
R. S. ch. HO.
Inquisition may
be secret, and
witnesses exam-
ined separately,
Clerk may be
employed.
Compensation.
Coroner's com-
pensation.
Surgeon or
chemist.
Compensation.
An Act in addition to an Act concerning Coroners' Inquests.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever an inquisition shall be taken, pur-
suant to the one hundred and fortieth chapter of the Re-
vised Statutes, the coroner, with the consent of a majority
of the jury of inquest, may order that a secret inquisition be
taken ; and in such case, the coroner may, at his discretion,
exclude from the place where the inquisition is taken, any
or all persons other than those required to be present by
the provisions of said chapter ; and during the examination
of any witness, may, at his discretion, exclude from the
place of examination all the other witnesses, and may also,
if he see cause, direct the witnesses to be kept separate, so
that they cannot converse with each other, until they shall
have been examined.
Sect. 2. Whenever the coroner shall require the aid of
any person, to reduce to writing the testimony of witnesses
examined before any jury of inquest, pursuant to the pro-
visions of the seventh section of said chapter, such person
shall be allowed for said services such sum as the coroner
shall determine, not exceeding one .dollar and fifty cents for
each day's actual attendance upon the jury, and whenever
more than one day's attendance of the coroner upon the
jury of inquest shall be required, such coroner shall be al-
lowed the sum of two dollars for each day of his actual ad-
ditional attendance as aforesaid ; and whenever, in the
course of any examination in any inquest, the coroner shall
determine that a necessity exists for the aid of a surgeon or
chemist, such surgeon or chemist shall be entitled to such
compensation for services rendered, as shall be certified by
the coroner to be just and reasonable, and approved and al-
1850. Chap. 133—134. 353
lowed as such, by the attorney general, or any district at-
torney, or any of the justices of the supreme judicial court,
or court of common pleas.
Sect. 3. The fees hereinbefore provided shall be cer- Foes certified,
tified and paid, in the same manner as other expenses of an j^cjV "g^'/f)
inquisition are now paid, according to the provisions of the §n.
eleventh section of the one hundred and fortieth chapter of
the Revised Statutes : provided, however, that in case an Proviso.
inquisition is taken upon more dead bodies than one, at the
same time, no additional compensation shall be allowed for
the services therein rendered.
Sect. 4. Whenever services are rendered in bringing Expenses of
J * 1 I
to land the dead body of any person found in any of the bodies found in
harbors, rivers, or waters of this Commonwealth, and an harbors, &c.
inquest is holden thereon, the coroner holding such inquest
may allow such compensation for said services, as he shall
judge reasonable, to be taxed and paid in like manner as
other expenses of an inquisition are now paid : provided, Proviso.
however, that the foregoing provision shall not, in any case.
be so construed as to entitle any person to allowance under
this act, for services rendered in searching for such dead
body.
Sect. 5. Whenever the dead body of any person, sup- in towns where
posed to have come to his death by violence, shall be found one^jusfoesof
in any town in this Commonwealth, in which no coroner the peace may
duly qualified resides, any justice of the peace, within his
county, may, in such case, have the like powers, and exe-
cute and discharge the same duties, as are imposed upon
coroners, by the provisions of the one hundred and fortieth
chapter of the Revised Statutes and of this act, and shall
in such case be entitled to the same fees as are allowed to
coroners for the like services. [Approved by the Governor,
April 2, 1850.]
An Act to extend the time for the Location and Construction of theTaun- Chop 134,
ton and Middleborough Railroad.
BE it enacted by the Senate and House of Representa-
tives, in Ge?ieral Court assembled, and by the authority of
the same, as follows :
The time within which the Taunton and Middleborough Location, May
Railroad Corporation may file the location of their road, is !- 1851,
hereby extended to the first day of May, eighteen hundred
and fifty-one, and the time within which it may be con- Construction,
structed, is hereby extended to the first day of May, eight- May *» m~
een hundred and fifty-two. [Approved by the Governor,
April 2, 1850.]
46
354
1850.
-Chap. 135—136.
Chap 135,
Addition,
$50000
Proviso, as to
paying in.
Liable
Certificate to
secretary of
state.
An Act to increase the Capital Stock of the Adams Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Adams Bank, in the town of Adams, are hereby authorized
to increase their present capital stock by an addition thereto
of fifty thousand dollars, to be divided into shares of one
hundred dollars each, which shall be paid in such instal-
ments as the president and directors may determine : pro-
vided, the whole be paid in before the first day of May,
in the year one thousand eight hundred and fifty-one.
Sect. 2. The additional stock aforesaid shall be subject
to the like tax, regulations, restrictions, and provisions, to
which the present capital stock of said corporation is now
subject.
Sect. 3. Before said corporation shall proceed to do
business on 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.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 2, 1850.]
Chdf) 136. An Act to incorporate the Great Falls Paper Manufacturing Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Marshall N. Fales, Samuel S. Parker, and
Salmon Thomas, their associates and successors, are here-
by made a corporation, by the name of the Great Falls
Paper Manufacturing Company, for the purpose of manu-
facturing paper, cotton goods, and machinery, in the town
of Russell, county of Hampden ; with all the powers and
privileges, and subject to all the duties, restrictions, and li-
abilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Sect. 2. Said corporation may, for the purposes afore-
said, hold real estate not exceeding in value twenty thou-
sand dollars, exclusive of buildings and improvements, and
Capital stock the whole capital stock shall not exceed one hundred thou-
sand dollars.
Value of shares. Sect. 3. No shares in the capital stock of said corpora-
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which shall
be first issued. [Approved by the Governor, April 2, 1850.]
Corporators.
Paper, cotton
goods, &.c. in
Russell.
Powers and du-
ties.
It. S. ch 38, 44.
Real estate.
1850. Chap. 137—139. 355
An Act in addition to an Act to incorporate the Boston Society of the Cliff)) 137.
New Jerusalem. ■*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Boston Society of the New Jerusalem, in addition May take es-
to the power given in the second section of its charter, may pae^so'neaf. a"d
take and hold, for religious and charitable purposes, in fee
simple or otherwise, by gift, grant, devise, or purchase, any
estate, real or personal, the annual income of which shall Proviso.
not exceed the sum of three thousand dollars. [Approved
by the Governor, April 2. 1850.]
An Act to increase the Capital Stock of the Holyoke Bank. Cliff')) 138.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors, and company of the Addition,
Holyoke Bank, in Northampton, are hereby authorized to *j0<000-
increase their present capital stock by an addition thereto
of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
dent and directors of said bank may determine: provided, Proviso as to
the whole amount shall be paid in on or before the last day paying '"•
of April, in the year one thousand eight hundred and fifty-
one.
Sect. 2. The additional stock aforesaid, when paid Subject to tax,
into said bank, shall be subject to the like tax, regulations, &c-
restrictions, and provisions, to which the present capital
stock of said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do Certificate to
business on said additional capital, a certificate, signed by sfate.'3^ °
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.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 2, 1850.]
An Act to change the name of the Presbyterian Church and Society in Cliff)) 139.
Dracut.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. That the Presbyterian Church and Society in New name.
Dracut, in the county of Middlesex, shall, after the passing
of this act, be called and known by the name of the West
Congregational Church and Society in Dracut.
356
1850.-
-Chap. 139—142.
When to take
effect.
Chap 140.
Time extended
to October 1st,
1851.
Sect. 2. This act shall take effect from and after the
time when it shall have been accepted by the church and
society, at a meeting called for that purpose. [Approved
by the Governor, April 2, 1850.]
An Act to extend the time for the Construction of the Newburyport 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 :
The time within which the Newburyport Railroad Cor-
poration may construct their railroad, is hereby extended to
the first day of October, eighteen hundred and fifty-one.
[Approved by the Governor, April 2, 1850.]
Chap 141,
Accounts to be
approved by
judges of pro-
bate respec-
tively.
Repeal.
An Act concerning Accounts of the Guardians of Indians in this Com-
monwealth.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The guardians and commissioners of the sev-
eral tribes of Indians in the Commonwealth, shall have
their accounts approved by the judge of probate, in the
county in which said guardian or commissioner shall reside,
before they are sent to the auditor of accounts, and the
governor is hereby authorized to draw his warrant for the
payment of the same, when they shall have been thus ap-
proved.
Sect. 2. All acts and parts of acts inconsistent here-
with are hereby repealed.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 2, 1850.]
Chat) 142 ^n ^CT *n Edition to an Act to incorporate the Worcester Medical Insti-
-* ' tution.
1849. ch. 28. p>p] n enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Calvin Newton, Walter Burnham, and Isaac
M. Comings, their associates and successors, are hereby
made a corporation, by the name of the Worcester Medical
Institution, to be established in the city of Worcester, in
the county of Worcester, with all the powers and privi-
leges, and subject to all the duties, restrictions, and liabili-
ties, set forth in the forty-fourth chapter of the Revised
Statutes.
Sect. 2. The said corporation may hold real and per-
sonal estate to the amount of one hundred thousand dol
Corporators.
Powers and
duties.
R. S. ch. 44.
Real and per-
sona] estate.
1850. Chap. 142—144. 357
lars, to be devoted exclusively to the purposes of medical
education. [Approved by the Governor, April 4, 1850.]
An Act in relation to the Compensation of Committees and Commis- Chap 143.
sioners.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follotos :
Sect. 1. In all cases, not otherwise provided for, the Tobedeter-
compensation for the services of committees of the Legis- "nor an^ wmii-
lature, appointed to act during the recess, as also that of cil.
legal council and commissioners appointed by the execu-
tive, shall be determined by the governor and council, who
shall approve all such claims before they are sent to the
auditor of accounts.
Sect. 2. This act shall take effect from and after its Act applies to
passage, and shall apply to all claims above named, which claim's.0'1 "
now remain unsettled. [Approved by the Governor, April
4, 1S50.]
An Act to incorporate the New Bedford Gas Light Company. Chap 144.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. James B. Congdon, John A. Parker, and J. Corporators.
H. W. Page, their associates and successors, are hereby
made a corporation, by the name of the New Bedford Gas
Light Company, for the purpose of making and selling gas,
in the city of New Bedford, with all the powers and privi- Powers and
leges, and subject to all the duties, restrictions, and liabili- ^ lgSch 38 44
ties, set forth in the thirty-eighth and'forty-fourth chapters
of the Revised Statutes.
Sect. 2. The capital stock of said corporation shall Capital stock,
not exceed one hundred thousand dollars ; and said corpo- Real estate,
ration may hold real estate, for the purposes aforesaid, not
exceeding in value fifty thousand dollars.
Sect. 3. No shares in the capital stock of said corpora- Value of shares,
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares, which
shall be first issued.
Sect. 4. Said corporation, with the consent of the May open
mayor and aldermen of the city of New Bedford, shall E5S,2c.
have power and authority to open the ground, in any parts
of the streets, lanes, and highways, in said city, for the
purpose of sinking and repairing such pipes and conduc-
tors as it may be necessary to sink for the purpose afore-
said : and the said corporation, after opening the ground, RePair ,he
358 1850. Chap. 144—146.
in said streets, lanes, and highways, shall be held to put
the same again into repair, under the penalty of being
Proviso. 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 all the acts and
doings of said corporation, which may, in any manner,
affect the health, safety, or convenience of the inhabitants
of said city.
Sect. 5. This act shall take effect from and after its pas-
sage. {Approved by the Governor, April 4, 1850.]
Chdl) 145. -^n ^CT *° establish a Fire Department in the Town of Somerville.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
A fire department is hereby established in the town of
Somerville, subject to all the duties and liabilities, and with
all the powers and privileges, set forth and contained in an
1G39, ch. 13s. 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,
April 4, 1850.]
Chan 146. J^n -^CT *-° sti'a1-ghten the Fitchburg Railroad.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
in Somerville. Sect. 1. The Fitchburg Railroad Company is hereby
authorized to straighten its railroad in the town of Somer-
ville, between the railroad bridge, over the old Cambridge
road, and the depot of said company next westerly of said
New hue. bridge, by diverging northerly from the line of said rail-
road, as it is now laid, between the two points aforesaid,
any distance that may be found necessary, not exceeding
three hundred feet.
Powers and Sect. 2. The said company shall, with respect to the
RU's!Sch. 39 new Porti°n of lts railroad hereby authorized, have all the
&c. powers and privileges, and be subject to all the duties, lia-
bilities, and restrictions, contained in the thirty-ninth chap-
ter of the Revised Statutes, and all other acts which have
been, or shall be hereafter passed in relation to railroads.
Location. Sect. 3. If the location of that part of said railroad,
hereby authorized, shall not be filed within five months, or
Completion. if the same shall not be completed within fifteen months
from the passage of this act, then this act shall be void.
[Approved by the Governor, April 4, 1850.]
1850. Chap. 147—148. 359
An Act to incorporate the Newburyport Gas Company. Chap 147.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. John Porter, Thomas L. Randlett, John Wood, Corporators.
their associates and successors, are hereby made a corpora-
tion, by the name of the Newburyport Gas Company, for
the purpose of making and selling gas, in the town of
Newburyport, with all the powers and privileges, and sub- Powers and
ject to all the duties, restrictions, and liabilities, set forth in Rmss'chi38 4,.
the thirty-eighth and forty-fourth chapters of the Revised
Statutes, also to such provisions and restrictions as the Power of select-
selectmen of the town of Newburyport may prescribe, pre- men-
vious to the erection of the works of said company.
Sect. 2. The capital stock of said corporation shall be Capital stock.
one hundred and fifty thousand dollars, and said corpora- Real estate,
tion may hold real estate, necessary and convenient for the
purposes aforesaid, not exceeding thirty thousand dollars.
Sect. 3. No shares in the capital stock of said corpora- Value of share*,
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which
shall be first issued.
Sect. 4. Said corporation, with the consent of the se- May open
lectmen of the town of Newburyport, shall have power .?rol»ld '«
streets, &c.
and authority to open the ground in any part of the streets,
lanes, and highways, in said town, for the purpose of sink-
ing and repairing such pipes and conductors as it may be
necessary to sink for the purpose aforesaid ; and the said To repair.
corporation, after opening the ground in said streets, lanes,
and highways, shall be held to put the same again into
repair, under the penalty of being prosecuted for a nui-
sance : provided, that the said selectmen, for the time being, Proviso.
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, and convenience of
the inhabitants of said town.
Sect. 5. This act shall take effect from and after its
passage. [Approved by the Governor, April 4, 1850.]
An Act concerning the Alewive Fishery in the town of Dennis. ^j -i i q
BE it enacted by the Senate and House of Representa- ■*
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. So much of an act, passed on the twenty- 1824, cl)# 107,
fourth day of February, in the year one thousand eight $i, modified.
hundred and twenty-five, entitled " an act in addition to
an act entitled an act to prevent the destruction and to
360
1850.
-Chap. 148—150.
Chap 149.
Boundaries.
Set off to East
Hampton.
regulate the catching of the fish called alewives, in their
passage up the rivers and streams in the town of Harwich,
in the county of Barnstable," as prevents the catching of
fish, called alewives, on the westward of Job Chase's
wharf, so called, situated in the town of Dennis, in the
county of Barnstable, is hereby repealed.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 4, 1850.]
An Act to annex a part of Southampton to Easthampton.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
All that part of Southampton included within the fol-
lowing boundaries, viz., beginning at a willow tree, marked
on the north bank of the west branch of Manhan River,
twenty rods northwest of the county road leading from
Southampton to Northampton ; thence north, eighty-five
degrees east, eight rods and eighteen links; thence north,
forty-nine and an half degrees east, eight rods and thirteen
links ; thence south, ten and three fourth degrees west,
eighteen rods; thence south, fifty-three and an half degrees
west, four rods and twenty links to the river, known as the
west branch of Manhan River ; thence in a straight line
twenty rods on the north bank of said river, at low-water
mark, to the place of beginning, containing three fourths
of an acre of land, is hereby set off from the town of
Southampton and annexed to the town of Easthampton.
[Approved by the Governor, April 4, 1850.]
Chan 150. -^n ^CT t0 iriCOTPorate the Massachusetts School for Idiotic and Feeble-
*■ minded Youth.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, a?id by the authority of
the same, as follows :
Sect. 1. S. G. Howe, Samuel May, Stephen Fairbanks,
their associates and successors, are hereby made a corpora-
tion, by the name of the Massachusetts School for Idiotic
and Feeble-minded Youth, for the purpose of training and
teaching such persons, with all the powers and privileges,
and subject to all the duties, restrictions, and liabilities, set
forth in the thirty-eighth and forty-fourth chapters of the
Revised Statutes.
Sect. 2. Said corporation may hold, for the purposes
aforesaid, real estate not exceeding in value one hundred
thousand dollars, and personal estate, the income of which
shall not exceed ten thousand dollars. [Approved by the
Governor, April 4, 1850.]
Corporators.
Powers and
duties.
R.S.ch. 38,44.
Real estate.
Personal.
1850. Chap. 151—152. 361
An Act establishing' a Ferry at Gloucester Harbor. Chap 151.
BE it enacted by the Senate and Honse of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. I. Authority is hereby granted to John W. Won- Exclusive right
son, his associates, successors, and assigns, to establish a son.'&c'vforTo
ferry at Gloucester Harbor, between the village of Glouces- years,
ter and Eastern Point, (so called,) in said town. Exclu-
sive right is hereby granted him, or them, to run said ferry
for the term of ten years from the passage of this act.
Sect. 2. All other persons are hereby forbidden to carry ah other Per-
passengers, by water, between said Gloucester Harbor and s™s <°rhldden.
said Eastern Point, for hire, during the term of ten years
aforesaid, under a penalty of fifty cents for each and every
person so carried, to be sued for and recovered to the use
of the said John W. Wonson, his associates, successors,
and assigns, in any court of competent jurisdiction.
Sect. 3. The said John W. Wonson, his associates, Landings at
successors, and assigns, shall establish and support a ferry fearcr'yend of
across Gloucester Harbor, in the county of Essex, from
Beach street, or some point easterly of said street, to the
shore of Eastern Point, in said Gloucester, for the transpor-
tation of passengers, and shall construct and maintain, at
each end of said ferry, suitable and convenient landings, or
floating wharves, and shall be held liable to afford all neces-
sary and proper accommodation to all persons having occa-
sion to pass across said harbor by said ferry. And there
shall be not less than six departures, from each end of said
ferry, daily, excepting on the Sabbath, and when, in con-
sequence of severe storms, or of ice in the harbor, the
safety of those passing would be endangered.
Sect. 4. The rate of ferriage shall not be more than Rate of fern-
four cents for each person carried. [Approved by the Gov- &se'
ernor, April 4, 1850.]
An Act to increase the Capital Stock of the Mechanics Bank in Boston. Chan 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 :
Sect. 1. The president, directors and companv of the Addition.
Mechanics Bank, in Boston, are hereby authorized to in- *
crease their present capital stock by an addition thereto of
thirty 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, When to be
the whole amount be paid into said bank on or before the pa"
47
362 1850. -Chap. 152—154.
last day of April, in the year one thousand eight hundred
and fifty-one.
Liable to tax, Sect. 2. The additional stock aforesaid, when paid into
&c- said bank, shall be subject to the like tax, restrictions, and
provisions, to which the present capital stock is now subject.
Certificate to Sect. 3. Before said corporation shall proceed to do
sfaretary °f business on said additional capital, a certificate, signed by
the president and directors, and certified 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.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 5, 1850.]
CllClX) 153. ^n ^CT *-° increase the Capital Stock of the Grocers Bank.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Addition. Sect. 1. The president, directors and company of the
*° ' J Grocers Bank, are hereby authorized to increase their pres-
ent capital stock by an addition thereto of fifty thousand
dollars, to be divided into shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
Whentobe dent and directors may determine: provided, the whole
shall be paid in before the first day of May, in the year
one thousand eight hundred and fifty-one.
Liable to tax. Sect. 2. The additional stock aforesaid, when paid
into said bank, shall be subject to the like tax, regulations,
liabilities, and restrictions, to which the present capital
stock is now subject.
Certificate to Sect. 3. Before said corporation shall proceed to do
business on said additional capital, a certificate, signed by
the president and directors, and certified 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.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 5, 1850.]
Chdp 154. An Act to increase the Capital Stock of the Mechanics Bank in Worces-
1 ter.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Addition, Sect. 1. The president, directors and company of the
#59,ooo. Mechanics Bank, in Worcester, are hereby authorized to
increase their present capital stock, by an addition thereto
&c.
secretary of
state.
1850. Chap. 154—155. 363
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, When to be
the whole amount shall be paid in on or before the last paid '"•
day of April, in the year one thousand eight hundred and
fifty-one.
Sect. 2. The additional stock aforesaid, when paid into Liable to tax,
said bank, shall be subject to the like tax, regulations, re- &c-
strictions, and provisions, to which the present capital
stock is now subject.
Sect. 3. Before said corporation shall proceed to do Certificate to
business on said additional capital, a certificate, signed by s<
the president and directors, and certified 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.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 5, 1850.]
secretary
state.
An Act to increase the Capital Stock of the Franklin County Bank. Chap 155.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. The president, directors and company of the Addition,
Franklin County Bank, in Greenfield, are hereby author- s '
ized to increase their present capital stock, by an addition
thereto of fifty thousand dollars, in shares of one hundred
dollars each, which shall be paid in such instalments as the
president and directors of said bank may determine : pro- When to be
vided, the whole amount be paid in on or before the first pa'
day of May, in the year one thousand eight hundred and
fifty-one.
Sect. 2. The additional stock aforesaid, when paid into Liable to tax,
said bank, shall be subject to the like tax, regulations, re-
strictions, and provisions, to which the present capital stock
is subject.
Sect. 3. Before said corporation shall proceed to do Certificate to
business on said additional capital, a certificate, signed by sute.ary°
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.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 5, 1850.J
364
1850.-
-Chap. 156—157.
Chap 156.
Addition,
550,001).
When lo be
paid in.
Liable to tax,
&c.
Certificate to
secretary of
state.
An Act to increase the Capital Stock of the Newton Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Newton Bank, are hereby authorized to increase their capi-
tal stock, by an addition thereto of fifty thousand dollars,
to be divided into shares of one hundred dollars each, which
shall be paid in such instalments as the president and direc-
tors of said bank may determine : provided, the whole be
paid in before the first day of May, in the year one thou-
sand eight hundred and fifty-one.
Sect. 2. The additional stock aforesaid, when paid in,
shall be subject to the like tax, regulations, provisions, and
restrictions, to which the present capital stock of said bank
is now subject.
Sect. 3. Before said corporation shall proceed to do
business on said additional capital, a certificate, signed by
the president and directors, and certified 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.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 5, 1850.]
Chap 157.
Corporators.
Powers, duties,
and liabilities.
•Capital stock.
Proviso, as to
pay ng in.
An Act to incorporate the John Hancock Bank, in Springfield.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. James W. Crooks, James M. Thompson, Wal-
ter H. Bowdoin, and Solomon Hatch, their associates and
successors, are hereby made a corporation, by the name of
the President, Directors and Company of the John Han-
cock Bank, to be established in the town of Springfield, in
the county of Hampden, on the south side of State street,
upon the hill, and near the armory and arsenals of the
United States, and shall so continue until the first day of
October, which shall be in the year one thousand eight
hundred and seventy-two, with all the powers and privi-
leges, and subject to all the duties, restrictions, and liabili-
ties, set forth in the public statutes of this Commonwealth
relative to banks and banking.
Sect. 2. The capital stock of said bank shall consist of
one hundred thousand dollars, to be divided into shares of
one hundred dollars each, to be paid in such instalments
and at such times as the stockholders may direct : provided,
that the whole be paid in on or before the first day of
1850. Chap. 157—159. 365
April, in the year of our Lord one thousand eight hundred
and fifty-one.
Sect. 3. The stock of said bank shall be transferable Transferor
only at its banking-house and in its books. stock"
Sect. 4. Said corporation shall be subject to all the Liable to future
liabilities, requirements, and restrictions, contained in such lee,slall0n-
acts as may hereafter be passed by the General Court in
relation to banks and banking. [Approved by the Gov-
ernor, April G, 1850.]
An Act to increase the Capital Stock of the Tremont Bank. Chap 158.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the Addition,
Tremont Bank, in Boston, are hereby authorized to increase * ' '
their present capital stock by an addition thereto of five
hundred thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the president
and directors may determine : provided, the whole amount When to be
shall be paid in before the first day of May, in the year pa,d m
one thousand eight hundred and fifty-one.
Sect. 2. The additional stock aforesaid, when paid into Liable to tax.
said bank, shall be subject to the like tax, regulations, re-
strictions, and provisions, to which the present capital stock
of said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do Certificate to
business on said additional capital, a certificate, signed by 1^™!™* °f
the president and directors, and certified 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.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 6, 1850.]
An Act to increase the Capital Stock of the Union Bank, in Boston. Chdl) 159
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the Addition.
Union Bank, are hereby authorized to increase their present ^200'000-
capital stock, by an addition thereto of two hundred thou-
sand dollars, in shares of one hundred dollars each, which
shall be paid in such instalments as the president and direc-
tors of said bank may determine : provided, that the whole When to be
be paid in on or before the last day of April, in the year paid '"'
one thousand eight hundred and fifty-one.
366
1850.-
-Chap. 159—161,
Liable to tax,
&c.
Certificate to
secretary of
state.
Chap 160.
Corporators.
Powers, duties,
and liabilities.
Capital stock.
Proviso, as to
paying in.
Transfer of
stock.
Liable to future
legislation.
Chap 161.
Corporators.
Sect. 2. The additional stock aforesaid shall be subject
to the like tax, regulations, restrictions, and provisions, to
which the present capital of said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do
business on 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.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 6, 1850.]
An Act to incorporate the Rockport Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Jabez R. Gott, Josiah Haskell, Dudley Choate,
their associates and successors, are hereby made a corpora-
tion, by the name of the President, Directors and Company
of the Rockport Bank, to be established in Rockport, and
shall so continue until the first day of October, in the year
one thousand eight hundred and seventy-two, and shall be
entitled to all the powers and privileges, and subject to all
the duties, liabilities, and restrictions, set forth in, the pub-
lic statutes of this Commonwealth, relative to banks and
banking.
Sect. 2. The capital stock of said bank shall consist of
one hundred thousand dollars, to be divided into shares of
one hundred dollars each, to be paid in such instalments,
and at such times, as the stockholders may direct : provided,
that the whole be paid in before the first day of May, in
the year one thousand eight hundred and fifty-one.
Sect. 3. The stock of said bank shall be transferable
only at its banking-house and on its books.
Sect. 4. Said corporation shall be subject to all the lia-
bilities, requirements, and restrictions, contained in such
acts as may hereafter be passed by the General Court, in
relation to banks and banking. [Approved by the Governor,
April 6, 1850.]
An Act to incorporate the Tradesman's Bank in Chelsea.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Henry Slade, Isaac Stebbins, James Hardin,
their associates and successors, are hereby made a corpora-
1850. Chap. 161—162. 367
tion, by the name of the President, Directors and Company
of the Tradesman's Bank, to be located in Chelsea, and
shall continue until the first day of October, in the year
one thousand eight hundred and seventy-two ; and shall be
entitled to all the powers and privileges, and subject to all Powers, duties,
the duties, liabilities, and restrictions, set forth in the pub- '"abilities.
lie statutes of this Commonwealth, in relation to banks and
banking.
Sect. 2. The capital stock of said bank shall consist of Capital stock.
one hundred thousand dollars, to be divided into shares of
one hundred dollars each, to be paid in such instalments,
and at such times, as the stockholders may direct: pro- Proviso, as to
vided, the whole be paid in before the first day of May, in Pa-Vins in-
the year one thousand eight hundred and fifty-one.
Sect. 3. The stock of said bank shall be transferable Transfer of
only at its banking-house and on its books. s,ock-
Sect. 4. Said corporation shall be subject to all the li- Liable to future
abilities, requirements, and restrictions, contained in such le5lslat,on-
acts as may hereafter be passed by the General Court, in
relation to banks and banking. [Approved by the Governor,
April 6, 1850.]
An Act to establish the Prescott Bank. Chap 162.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Joel Adams, Jonathan Tyler, Royal South- Corporators,
wick, their associates and successors, are hereby made a
corporation, by the name of the President, Directors and
Company of the Prescott Bank, to be established in the
city of Lowell, and shall so continue until the first day of in Lowell.
October, in the year one thousand eight hundred and sev-
enty-two ; with all the powers and privileges, and subject Powers and du-
to all the duties, liabilities, and restrictions, set forth in the ^'g11^' chd
public statutes of this Commonwealth, relative to banks subsequent
and banking. statutes.
Sect. 2. The capital stock of said corporation shall Capital stock,
consist of one hundred thousand dollars, to be divided into
shares of one hundred dollars each, and to be paid in such
instalments, and at such times, as the stockholders may di-
rect : provided, that the whole be paid in on or before the Proviso.
first day of May, in the year one thousand eight hundred
and fifty-one.
Sect. 3. The stock in said bank shall be transferred Transfer of
only at its banking-house and on its books. stock-
Sect. 4. Said corporation shall be subject to all the li- Future Habiii-
abilities, requirements, and restrictions, contained in such tics>&c-
368 1850. Chap. 162—164.
acts as may hereafter be passed by the General Court, in
relation to banks and banking. [ Approved by the Governor,
April 6, 1850.]
ChttD 163 ■^'n "^CT *° nicrease tne Capital Stock of the Western Bank, in Spring-
" ' field.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the autliority of
the same, as follows :
Addition, Sect. 1. The president, directors and company of the
5150,000. Western Bank, in Springfield, are hereby authorized to in-
crease their present capital stock by an addition thereto of
one hundred and fifty thousand dollars, to be divided into
shares of one hundred dollars each, which shall be paid in
such instalments as the president and directors may deter-
When to be mine: provided, the whole amount shall be paid in before
paid m. tj.ie grst c|ay. Qf jyjay^ jn t^ year one thousand eight hun-
dred and fifty-one.
Liable to tax. Sect. 2. The additional stock aforesaid, when paid in.
&c- shall be subject to the like tax, regulations, restrictions,
and provisions, to which the present capital stock is now
subject.
Certificate to Sect. 3. Before said corporation shall proceed to do
sfatetary °f business on said additional capital, a certificate, signed by
the president and directors, and certified 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.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 6, 1850.]
Chap 164. An Act in an addition to Acts for regulating the Pilotage of Vessels
through the Vineyard Sound to Nantucket.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Fees. Sect. 1. The fees to commissioned pilots, for pilotage
of vessels bound to the port of Nantucket, now, by law,
obliged to take pilots, if boarded outside of a line drawn
from the south part of Noman's Land to Saugkonnet Point,
shall be two dollars and twenty-five cents per foot of the
draft of water ; but if boarded within said line, there shall
be a deduction of twenty-five per cent, from said rate. If
not boarded before passing a line drawn south-southeast
from the lighthouse at Tarpaulin Cove, there shall be a de-
duction of fifty per cent., and in case the master then de-
clines taking a pilot, said pilot shall be entitled to one-
1850. CiiAr. 164—165. :*69
quarter pilotage, agreeably to these regulations. And if no
pilot shall have offered his services, before any vessel, liable
to take a pilot, shall have passed a line drawn from the
West Chop Lighthouse to the Nobska Lighthouse, there
shall be no obligation, on the part of the master nor
owners of said vessel, to pay pilotage, if the master shall
then decline receiving a pilot.
Sect. 2. The master of any vessel, bound to Nantucket, Fees, in case,
may, if he thinks best so to do, discharge his pilot at either &c"
Holmes' Hole or Edgartown, in which case said pilot shall
be entitled to three-fourths of the amount of the regular
fees for pilotage to Nantucket, as herein prescribed, and
also, to the farther sum of two dollars per day for every
day which said pilot may be detained by the agents or
owners of said vessel, after the day of anchorage, in case
said pilot shall ultimately be discharged at either of the
ports of Holmes' Hole or Edgartown.
Sect. 3. In case the master of any vessel, as aforesaid, IWcommis-
shall have employed a non-commissioned pilot, previous to slonc<l p1'0'-
being boarded by a branch pilot, said non-commissioned
pilot shall be entitled to receive, for his services, whatever
sum may be deducted from the fees of the branch pilot,
in accordance with the provisions of the first section of
this act.
Sect. 4. All acts and parts of acts, heretofore passed, Repeal.
inconsistent with this act, are hereby repealed ; and all reg-
ulations heretofore existing, are hereby annulled, excepting Exception.
the provision that when the said vessels, between the fif-
teenth of September and the fifteenth of March, shall be
boarded " from without a line to extend southeast by south,
from Beaver-tail Lighthouse, till it intersects a line running
south-southwest, from Noman's Land, twenty per cent, in
addition to the established rate of pilotage," shall be paid.
[Approved by the Governor, April 6, 1850.]
An Act to regulate the Storage and Sale of Camphenc and other like Chop 165.
Fluids. J
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The inhabitants of any town and the city council of By-laws may be
any city in this Commonwealth, may make and adopt ™^fcities,0with
such rules and regulations, in relation to the storage and penalties not
sale, within the limits of such town or city, of camphene, cxccc
or any similar explosive or inflammable fluid, as they may
deem reasonable, and may annex penalties to any breach
of such rules and regulations, not exceeding twenty dollars
48
370 1850. Chap. 165—168.
for any one offence. [Approved by the Governor, April 6,
1850.]
Chop 166. An Act to incorporate the Tremont Street Medical School.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. D. Humphreys Storer, Jacob Bigelow, J. B. S. Jackson,
O. W. Holmes, and Henry J. Bigelow. their associates and
successors, are hereby made a corporation, by the name of
the Tremont Street Medical School, to be established in the
Towers and du- city of Boston, in the county of Suffolk, with all the powers
r. s. eii. 44. ar>d privileges, and subject to all the duties, liabilities, and
restrictions, set forth in the forty-fourth chapter of the Re-
Real and per- vised Statutes ; with power to hold real and personal estate
cO!l(ll CcttltC
to an amount not exceeding twenty thousand dollars. [Ap-
proved by the Governor, April 6, 1850.]
Cu(tp lb 7. An Act to amend an Act establishing the City of Boston.
1821, eh. no. BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Equal number Sect. 1. The second section of an act entitled " an act
ward.es ' to establish the city of Boston," passed February 23, 1822,
is hereby amended so that the wards therein mentioned
shall be altered in such manner as to preserve as nearly as
may be, consistently with well-defined limits, an equal
number of legal voters in each ward, instead of an equal
number of inhabitants, as is now provided in said section :
Proviso, as to provided, that this act shall be void, unless accepted and
rhisTct!"06 adopted by the city council of said city, by a vote taken
by yeas and nays, within thirty days from its passage.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 6, 1850.]
LsflClp lDO. ^n AcT concerning the Plantation of Herring Pond.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Partition of Sect. 1. A partition shall be made of the following de-
lands deserved, seabed lands, belonging to the Herring Pond Indians, and
situated in Plymouth county, namely : — all the lands lying
to the eastward of a line drawn from off the head of the
Springs, so called, and running to the dwelling-house of
Caleb Raymond ; and also, all the land belonging to said
Herring Pond Indians, to the eastward and southward of
1850. Chap, 168. 371
Great Herring Pond, so called, and lying in the easterly
part of the town of Plymouth, in the county of Plymouth,
and the westerly part of the town of Sandwich, in the
county of Barnstable.
Sect. 2. The commissioner of the district of Marshpee, Commission*!
together with two discreet and disinterested persons, to be J? makc Parti"
appointed by the governor, by and with the advice and
consent of the council, shall be commissioners of partition,
with full powers to make the partition herein provided for.
They shall be severally sworn to the faithful and impartial
discharge of the duties devolved on them by this act ; and
the compensation of said commissioners, not exceeding two Compensation.
dollars and fifty cents per day, to each, for every day of
actual service rendered by each commissioner, shall be as-
certained and adjusted by the governor and council, and
the amount paid out of the treasury of the Commonwealth ;
and the governor is hereby authorized to draw his warrant
therefor ; and all other expenses incurred, in carrying this
act into effect, shall be paid by the said Herring Pond In-
dians.
Sect. 3. It shall be the duty of the said commissioners, Duties of com-
as soon as may be, to ascertain, by the best evidence the miss,oners-
nature of the case will admit, the names and number of the
legal adult proprietors of said Herring Pond Plantation,
male and female, who shall be of the age of eighteen years,
or upwards, on the last day of December, in the year eight-
een hundred and fifty, and in addition to the evidence
which shall establish such proprietorship, in the judgment Propricior.->iiij>.
and decision of a majority of the commissioners, according
to the customs, usages, descent, inhabitancy, or general ac-
quiescence, in such proprietorship, heretofore recognized
and practised upon in said plantation, among the said Indians
and their descendants ; all other persons, of the age of eight-
een years, or upwards, at the time aforesaid, shall be held
as proprietors, who are of Indian descent, born in the coun-
ties of Plymouth or Barnstable, and who shall have mar-
ried a proprietor of said Herring Pond Plantation, and were
inhabitants of, and permanent residents in said plantation.
on the first day of January, in the year eighteen hun-
dred and fifty : provided, however, that no person shall be Proiiso.
considered a proprietor, who shall have received, or shall
be entitled to receive, by inheritance, any lands, or appor-
tionment of lands, in the District of Marshpee, under and
by force of an act entitled " an act concerning the District
of Marshpee," passed the third day of March, in the year
eighteen hundred and forty-two, or any act in relation to the
372 1850. Chap. 168.
partition and inheritance of lands in said District of Marsh-
pee. And it shall be the duty of said commissioners, before
determining and recording the list of proprietors, to give pub-
lic notice, and to hold meetings, in such manner as shall en-
able the inhabitants of said plantation, and all persons claim-
ing to be proprietors, to present their claims, and to be fully
heard thereon. And, upon such list being so made out by
the commissioners, the same shall be presented to the pro-
prietors, in a meeting called for that purpose ; at which
meeting the commissioners shall be present, and hear such
representations, and make such explanations, as may be de-
sired, with reference to the claims of any person named in
said list, or excluded therefrom ; and thereafter, the com-
missioners shall carefully revise said list, and shall make it
as accurate as possible, and the same shall be duly certified
and recorded in a book of records, to be kept by the com-
missioner of Marsh pee, and each proprietor may also record
his allotment with the registry of deeds for the county of
Barnstable. And in determining and passing upon the
claims to proprietorship, if any case shall arise, not dis-
tinctly provided for in this act, which, in the unanimous
opinion of the commissioners, shall so come within the
spirit and meaning of this act as to constitute a manifest,
equitable, and just claim to proprietorship, the same shall
be submitted by the commissioners, to the proprietors, in a
meeting duly called for that purpose, and if the commis-
sioners shall decide that the claim is well founded, and
ought to be allowed, and a majority of the adult proprie-
tors, present in said meeting, shall, by vote, assent to the
admission of such claim, the same shall be allowed. And,
to remove any doubt as to the lands of Cynthia Attaquin,
wife of Solomon Attaquin, of Marshpee, the said Cynthia
having been a proprietor of, and domiciled in said Herring
Pond Plantation, before her marriage, and not having, nor
being entitled to any land in Marshpee, it is provided, that
the said Cynthia shall be entitled to a home lot, and also,
to her share, as a proprietor, in the rest of the lands to be
divided, she releasing, with her husband, all claim to any
other land or lands in said Herring Pond Plantation, which
she now holds or claims.
Division of Sect. 4. After so ascertaining, and making up the list
made. °V °f proprietors as aforesaid, the commissioners shall appor-
tion, divide, allot, and set off the lands, described in the
first section of this act, in the following manner : — To ev-
ery family domiciled in, and occupying any house or tene-
ment in said plantation, and who were so domiciled on the
1850. Chap. 168. 373
. first day of January, eighteen hundred and fifty, there shall
be set off and alloted, as a home lot, fifteen acres of land :
provided, that no family on said plantation shall receive Proviso.
such allotment, unless one, at least, of said family shall be
a proprietor. And, in allotting said fifteen acres, as a home
lot, the title thereto shall be vested in all the members of
said family who are proprietors, as tenants in common, or
in the member of said family who is a proprietor, if there
be but one proprietor in a family : provided, however, that Proviso.
no such allotment, nor any provision of this act, shall affect
or change the rights of property and ownership, which any
proprietor now has in or to any dwelling-house, tenement,
or building now erected, and being situated on any land in
said plantation. In determining what constitutes a family,
within the meaning of this act, the commissioners shall be
governed by the usages and customs of said plantation, and
the exercise of their sound discretion, whether the person
or persons, claiming to be a family, shall occupy one or
more tenements, or whether there shall be more than one
family in the same tenement. And if, in any case, more
than one family shall live in one house, then each family
shall be entitled to an allotment of fifteen acres. The re-
maining lands to be apportioned by this act, after setting
off of said home lots, shall be apportioned, divided, al-
lotted, and set off, in a just manner, by said commissioners,
to each and every one of the proprietors of said Herring
Pond Plantation, who shall be of the age of eighteen years,
or upwards, on the last day of December, 1850, in equal
proportions, to each proprietor, including all who have re-
ceived, in addition thereto, their home lot ; and in making
such division, the commissioners shall not be restricted to
the quantity of land apportioned to each, but may take
the value, convenience, and quality into their estimate, to
produce, as near as may be, an equitable distribution.
Sect. 5. When such partition shall have been made as
aforesaid, the commissioners shall cause the same to be re- Record of par-
corded, by metes and bounds, in the proprietors' book of
records, to be kept as before provided, and each proprietor
shall be furnished with a copy of the record of his allot-
ment.
Sect. 6. All the remaining lands in said plantation, not
divided and allotted by force of this act, shall be, and re- Common lands.
main the common land of said plantation, and shall be so
held and reserved exclusively for the use of the said plan-
tation, the proceeds to be appropriated solely to the neces-
sary and legal expenses of said plantation ; and the com-
374 1850. Chap. 168.
missioner of the district of Marshpee shall have the care
and management of the said common land, in the same
manner as is now provided by law.
Incidents and Sect. 7. The lands set off in severalty to the proprie-
Sesi0nS °f tors> and a11 other lands held or acquired by them, shall
have all the incidents of estates in fee, except the right of
transfer, conveyance, or devise, to other than a proprietor,
and excepting further, that the said lands shall not be lia-
ble to be taken in execution ; and no devise, or convey-
ance, shall defeat the inheritance of any children of the
devisor or grantor, who were within the age of eighteen
years, on the aforesaid last day of December, eighteen hun-
dred and fifty; nor shall any proprietor, who shall receive
an allotment under this act, be entitled to receive or take
any more land, as heir to a deceased proprietor, nor shall
he inherit any portion of the land of his father or mother,
living at the time he received such allotment : provided,
there is any surviving brother or sister of such proprietor,
who was under the age of eighteen years, at the time such
proprietor received his allotment under this act, but such
surviving child or children shall take, to the exclusion of
any brother or sister, who shall have received an allotment,
under this act; and no land, belonging to a married female
proprietor, or which she may hereafter acquire or inherit,
in her own right, shall, without her consent, be conveyed
or leased, or the wood sold therefrom ; and all contracts
therefor, by her husband, in which she does not join, shall
be void : provided, also, that, upon the death of any pro-
prietor, leaving no heirs, all his interest in the lands of the
plantation shall escheat to the proprietary.
Power and duty Sect. 8. The court of probate for the county of Barn-
bate°Urtofpro stable, shall have jurisdiction in all probate matters, in said
plantation, concerning the proprietors thereof, and in the
appointment of guardians to minors, insane persons, and
spendthrifts, in the same manner as is provided by law for
the citizens of this Commonwealth in like cases.
Reserved right Sect. 9. The Legislature may, at any time hereafter.
of Legislature. amen(j or repeal this act at their pleasure, except so far as
rights of property, in severalty, may have been acquired,
under its provisions.
Sect. 10. This act shall take effect from and after its
passage. [Approved by the Governor, April 6, 1850.]
1850. Chap. 1 GO— 170. 375
An Act to incorporate the Mariners Bank, in Dennis. CllCll) 160
BE it enacted by the Senate and House of Reprcsenta-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. John Baker, Watson Baker, Sylvanns Sears, Corporators,
their associates and successors, are hereby made a corpora-
tion, by the name of the President, Directors and Company
of the Mariners Bank, to be established in the town of in Dennis.
Dennis, in the county of Barnstable, and so continue until
the first day of October, in the year one thousand eight
hundred and seventy-two, and shall be entitled to all the Powers, duties,
powers and privileges, and subject to all the duties, liabili- "abilities,
ties, and restrictions, set forth in the public statutes of this
Commonwealth relative to banks and banking.
Sect. 2. The capital stock of said bank shall consist of Capital stock.
one hundred thousand dollars, to be divided into shares of
one hundred dollars each, to be paid in such instalments
and at such times as the stockholders may direct : provided, Proviso as to
the whole be paid in before the first day of May, in the Pay|nsin-
year one thousand eight hundred and fifty-one.
Sect. 3. The stock of said bank shall be transferable Transferor
only at its banking-house and on its books s,oc '
Sect. 4. Said corporation shall be subject to all the Subject to fu-
liabilities, requirements, and restrictions, contained in such ure e&lsaiorK
acts as may hereafter be passed by the General Court in
relation to banks and banking. [Approved by the Governor,
April 8, 1850.]
An Act concerning the Connecticut River Railroad Company. Chap 170.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Connecticut River Railroad Company are issue of 4,600
hereby authorized to issue any of the remaining shares of jjareeds sat0CPkC"
capital stock now authorized by law to be issued by said
company, not exceeding forty-six hundred in number, as a
preferred stock, entitled to such dividends as the said com-
pany may determine, not exceeding eight per cent, per
annum, said dividends to be paid out of the first net earn-
ings of the said company : provided, however, that the said Proviso as to
shares of stock shall not be sold by the said company for va,ueof shares'
less than their par value.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 8, 1850.]
376
1850.
■Chap. 171—172.
Chap 1 7 1
Corporators.
In Boston.
Powers, duties,
and liabilities.
Capital stock.
Proviso as to
paying in.
Transfer of
stock.
Subject to fu-
ture legislation.
An Act to incorporate the Bank of North America.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Newell Stnrtevant, David Snow, Charles Rice,
their associates and successors, are hereby made a corpora-
tion, by the name of the President, Directors and Company
of the Bank of North America, to be located in the city of
Boston, and shall so continue until the first day of Octo-
ber, in the year one thousand eight hundred and seventy-
two, and shall be entitled to all the powers and privileges,
and subject to all the duties, liabilities, and restrictions, set
forth in the public statutes of this Commonwealth relative
to banks and banking.
Sect. 2. The capital stock of said corporation shall
consist of five hundred thousand dollars, to be divided into
shares of one hundred dollars each, to be paid in such in-
stalments and at such times as the stockholders may direct :
provided, the whole be paid in before the first day of May,
in the year one thousand eight hundred and fifty-one.
Sect. 3. The stock of said bank shall be transferable
only at its banking-house and on its books.
Sect. 4. Said corporation shall be subject to all the
liabilities, requirements, and restrictions, contained in such
acts as may hereafter be passed by the General Court in
relation to banks and banking. [Approved by the Governor,
April 8, 1850.]
Chap 172.
Corporators.
Flax and hemp.
Powers and
duties.
R.S.ch. 38,44.
Real and per-
sonal estate.
Proviso as to
value of shares,
An Act to incorporate the Groveland Linen Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Alvan White, Abel Page, Alvan H. Perry,
their associates and successors, are hereby made a corpora-
tion, by the name of the Groveland Linen Company, for
the purpose of manufacturing articles from flax and hemp,
in the town of Groveland, in the county of Essex, with
all the powers and privileges, and subject to all the duties,
restrictions, and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
Sect. 2. Said corporation may hold real and personal
estate, necessary and convenient for the purpose aforesaid,
not exceeding in amount one hundred thousand dollars.
Sect. 3. No shares in the capital stock of said corpora-
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which
shall be first issued. [Approved by the Governor, April
8, 1850.J
1850. Chap. 173 — 174. 377
An Act to incorporate the Abington Bank. Chai) 173.
BE it enacted by the Se7iate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Asaph Dunbar, Samuel Norton, Joshua Whit- Corporators.
marsh, their associates and successors, are hereby made a
corporation, by the name of the President, Directors and
Company of the Abington Bank, to be located in the town
of Abington, and shall so continue until the first day of
October, in the year one thousand eight hundred and seven-
ty-two, and shall be entitled to all the powers and privi- Powers, duties,
leges, and be subject to all the duties, liabilities, and re- and liab!lllies-
strictions, set forth in the public statutes of this Common-
wealth relative to banks and banking.
Sect. 2. The capital stock of said bank shall consist of Capital stock.
one hundred thousand dollars, to be divided into shares of
one hundred dollars each, to be paid in such instalments
and at such times as the stockholders may direct: provided, Proviso as to
that the whole be paid in before the first day of May, in paying '"•
the year one thousand eight hundred and fifty-one.
Sect. 3. The stock of said bank shall be transferable Transfer of
only at its banking-house and on its books. s "
Sect. 4. Said corporation shall be subject to all the Subject to future
liabilities, requirements, and restrictions, contained in such 'eg^iauon.
acts as may hereafter be passed by the General Court in
relation to banks and banking. [Approved by the Gov-
ernor, April 8, 1850. J
An Act to incorporate the Bank of Commerce. Chtt'l) 1 74
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Edward C. Bates, George A. Fiske, E. C. corporators.
Emerson, their associates and successors, are hereby made
a corporation, by the name of the President, Directors and
Company of the Bank of Commerce, to be established in in Boston.
Boston, and shall so continue until the first day of Octo-
ber, in the year one thousand eight hundred and seventy-
two, and shall be entitled to all the powers and privileges, Powers, duties
and be subject to all the duties, liabilities, and restrictions, and liabl!l,lcs-
set forth in the public statutes of this Commonwealth rela-
tive to banks and banking.
Sect. 2. The capital stock of said bank shall consist of Capital stock.
seven hundred and fifty thousand dollars, to be divided
into shares of one hundred dollars each, to be paid in such
instalments and at such times as the stockholders may
49
378 1850. Chap. 174—175.
Proviso as to direct : provided, the whole be paid in before the first day
paying in. Q£ jy^^ ]n ^g year one thousand eight hundred and fifty-
one.
Transfer of Sect. 3. The stock of said bank shall be transferable
stock. onjy at -ts banking-house and on its books.
Subject to future Sect. 4. Said corporation shall be subject to all the
legislation. liabilities, requirements, and restrictions, contained in such
acts as may hereafter be passed by the General Court in
relation to banks and banking. [Approved by the Gov-
ernor, April 9, 1850.]
Chan 175 ^n ^CT concernino *'ie Norfolk County Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Addition, Sect. 1. The Norfolk County Railroad Company are
5,000 shares. hereby authorized to increase their capital stock by the
Value of shares, addition of five thousand shares, each share to be of the
par value of one hundred dollars, and no share to be issued
by said company for less than its par value.
Certain pro- Sect. 2. The proceedings of said company, whereby
ceedingscon- they conveyed, on the fifteenth day of October last, their
railroad and property, in mortgage, to Robert G. Shaw, J.
Amory Davis, and Charles T. Russell, trustees of the bond-
holders in said mortgage mentioned, to secure the holders
of said bonds the payment of the same, are hereby ratified
and confirmed.
May issue not Sect. 3. For the purpose of enabling said company to
exceeding 7,000 convert their said bonds, secured bv the aforesaid mortgage,
slinrcs ris pre* <~> \~> *
ferred stock to into stock, they are hereby authorized and empowered to
bond-holders. jssue not exceeding seven thousand shares of their stock
as preferred stock, to be offered to said holders of bonds in
payment and liquidation of their said bonds, but for no
other purpose ; and if said stock shall be so issued and
taken by said holders of bonds, the directors of said com-
pany, from time to time, are hereby authorized and em-
powered to declare and pay semi-annual dividends, out of
six per cent. the net earnings of said company, not exceeding six per
interest. cent, per annum, on such preferred stock ; and no divi-
dends shall hereafter be declared and paid upon any other
Proviso. stock of said company, except the same be paid out of the
net surplus earnings of said company, after the payment of
the dividends on said preferred stock.
Sect. 4. Such preferred stock, in the certificates issued
therefor, shall be called " Preferred Stock," and shall not
Capita) stock, be issued at less than its par value, and the whole capital
stock of said company, including said preferred stock, shall
1850. Chap. 175—177. 379
not exceed the present authorized capital of said company,
and the amount authorized by this act.
Sect. 5. When, after the payment of the dividends on Of surplus aftcr
said preferred stock, out of the net earnings of said com- 5mSs°on
pany, there shall be a surplus remaining, the same shall be preferred stock
paid out in semi-annual dividends to the holders of the old
stock in said company, until such dividends shall amount to
six per cent, per annum, and then the remaining net earn-
ings shall be divided equally upon the whole capital stock
issued. [Approved by the Governor, April 9, 1850.]
An Act to incorporate the Merrimack River Lumber Company. Chap 176.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. John Fiske, Nicholas G. Norcross, Isaac W. Corporators.
Norcross, their associates and successors, are hereby made a
corporation, by the name of the Merrimack River Lumber
Company, for the purpose of manufacturing lumber and
machinery in the city of Lowell and town of Lawrence, |n Lowell and
with all the powers and privileges, and subject to all the Powers an'd
duties, liabilities, and restrictions, set forth in the thirty- duties,
eighth and forty-fourth chapters of the Revised Statutes.
Sect. 2. Said corporation may hold real and personal Real and per-
estate for the purpose aforesaid, and their whole capital „ . ,
stock shall not exceed one hundred and fifty thousand dol-
lars.
Sect. 3. No shares in the capital stock of said corpora- Value of shares,
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which
shall be first issued. [Approved by the Governor, April 9,
1850.J
An Act concerning the Inspection of Sole Leather. CJlCtp 177.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The inspector general, and each deputy in- Fees of inspec-
spector, shall be paid, for inspecting, weighing, and seal- ° °cr
ing each side of sole leather, the sum of one cent, which Paid by pur-
shall be paid by the purchaser ; and the inspector general
may receive, from each of his deputies, one mill for each Fees of deputies,
side of sole leather which such deputy may inspect, weigh,
and seal, as aforesaid.
Sect. 2. Where, however, the inspector general, or his inspection is of
deputies, shall be called to inspect any lot of leather of less ^es^orSe
quantity than one hundred sides, or which maybe more than 'one mile
distant.
iii the trustees.
380 1850. Chap. 177—179.
than one mile distant from the inspector's place of busi-
ness, then said inspector shall receive two cents per side,
for each side inspected, weighed, and sealed, and also ten
cents per mile travelling fees, to be computed both ways.
Repeal. Sect. 3. The one hundred and twenty-second section
of the twenty-eighth chapter of the Revised Statutes, and
all acts and parts of acts inconsistent herewith, are hereby
repealed. [Approved by the Governor, April 9, 1850.]
Chaw 178. A" ^CT t° incorPorate the Trustees of the Philo-Logian and Philo-Tech-
■* nian Societies in Williams College.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Corporators. Sect. 1. Mark Hopkins, Daniel N. Dewey, Robert W.
Smith, W. R. Tompkins, and their successors, shall be a
corporation, by the name of the Trustees of the Philo-
Logian and Philo-Technian Societies in Williams College,
for the purposes hereinafter mentioned.
Property vested Sect. 2. The libraries, funds, and all other property
now belonging to, or which may hereafter be acquired,
either by donation, bequest, or otherwise, by either of said
societies, shall vest in said trustees for the sole use and
benefit of said societies severally.
Powers of Sect. 3. Said trustees shall have power to fill all va-
cancies in their number, and to adopt all rules and regula-
tions necessary to carry out the purposes of this act, and
shall consist of two members from each of said societies.
First meeting. Sect. 4. The first meeting of said trustees may be
called by a notice in writing, stating briefly the object of
said meeting, and signed by one of the persons named in
this act as trustees, and delivered to each of the other per-
sons so named, at least three days prior to the time of
holding said meeting. [Approved by the Governor, April 9,
1850.]
Chaw 179. ^n J^CT concerning the Duties and Powers of School Committees.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
To state the In addition to the returns required of school committees
frouuh^sdii by tne twenty-third chapter of the Revised Statutes, such
fond, and the committees shall hereafter be required to state the sum or
wWchSapplied. sums of money received from the school fund, by their
several towns and cities respectively, and also to specify
the purposes to which such sums may have been appro-
priated. [Approved by the Governor, April 9, 1850.1
trustees as to
vacancies, &c.
1850. Chap. 180—181. 381
An Act concerning Streets and Private Ways in the City of Charlestown. Qhctp 180.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. When any street or way shall hereafter be Abuttors to
opened in the city of Charlestown, over any private land w^gfven'to^
by the owners thereof, and dedicated to or permitted to be P"W'c use.
used by the public, before such street or way shall have
been accepted and laid out according to law, it shall be the
duty of the owners of the lots abutting thereon, to grade
such street or way, at their own expense, in such manner
as the safety and convenience of the public shall, in the
opinion of the city council of said city, require. And if Proceedings in
the owners of such abutting lots, shall, after reasonable orTcfiLT^01
notice by the city council, neglect or refuse to grade such
street or way in manner aforesaid, it shall be lawful for the
city council to cause the same to be graded aforesaid ; and
the expense thereof shall, after due notice to the parties
interested, be equitably assessed upon the owners of such
abutting lots, by the city council, in such proportions as
they shall judge reasonable, and all assessments so made
shall be a lien upon such abutting land in like manner as
taxes are now a lien upon real estate.
Sect. 2. No street or way shall hereafter be opened, as No street or
aforesaid, in said city, of a less width than thirty feet, ex- than 30 fee ^
cept with the consent of the mayor and aldermen of said wide-
city, in writing, first had and obtained for that purpose.
Sect. 3. Whenever any person shall intend to build Any one intend-
, .j .. . . ,, , - mg to build on a
upon any private street or way, in said city, he shall, before private way to
commencing to build, give to the mayor and aldermen of £lve notice, &c-
said city due notice, in writing, of such intention. [Ap-
proved by the Governor, April 9, 1850.]
An Act to incorporate the Haymarket Square Bank. CIlCW 181.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Calvin Swallow, Edward F. Hall, Joseph P. Corporators.
Loring, their associates and successors, are hereby made a
corporation, by the name of the President, Directors, and
Company of the Haymarket Square Bank, to be estab- in Boston.
lished in or near that part of the city of Boston called
Haymarket Square, and shall so continue until the first
day of October, in the year one thousand eight hundred
and seventy-two, and shall be entitled to all the powers Powers, duties,,
and privileges, and be subject to all the duties, liabilities, and 1,ablIlties-
382
1850.
-Chap. 181—183.
Capital stock.
Proviso as to
paying in.
Transfer of
stock.
Subject to fu-
ture legislation.
and restrictions, set forth in the public statutes of this Com-
monwealth relative to banks and banking.
Sect. 2. The capital stock of said corporation shall
consist of one hundred and fifty thousand dollars, to be
divided into shares of one hundred dollars each, to be paid
in such instalments as the stockholders may direct : pro-
vided, that the whole be paid in before the first day of May,
in the year one thousand eight hundred and fifty-one.
Sect. 3. The stock of said bank shall be transferable
only at its banking-house and on its books.
Sect. 4. Said corporation shall be subject to all the
liabilities, requirements, and restrictions, contained in such
acts as may hereafter be passed by the General Court in
relation to banks and banking. [Approved by the Governor.
April 9. 1850.]
Chap 182.
Three trustees
to be appointed
by governor
and council, for
three years.
Powers and
duties.
Trustees may
sell books.
This clause
repealed.
Repeal.
An Act in relation to the State Library.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The State library shall hereafter be under the
management and control of three trustees, who shall be
appointed by the governor, with the advice and consent of
the council, and who shall hold their offices for three years,
unless sooner removed. And the said trustees shall exer-
cise all the powers, and perform all the duties, in regard to
the said library, as are now exercised and performed by
the joint standing committee of the Legislature upon the
library. And the said trustees shall also have the general
supervision and control of the system of international ex-
changes.
Sect. 2. The said trustees are hereby authorized to sell,
or otherwise dispose of, such books now belonging to the
said library, as they may deem unsuitable for its purposes,
and supply their places with others ; and they shall have
the same power in regard to the books which have been,
or may hereafter be received, by virtue of the said system
of international exchanges.
Sect. 3. All acts and parts of acts inconsistent here-
with are hereby repealed. [Approved by the Governor,
April 9, 1850.]
Chttp 183. A" J^CT *° incorporate the Lowell Power Harness Company.
BE it enacted by the Senate and House of Representa-
• tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. Samuel C. Shapleigh, John R. Wentworth,
1850. Chap. 183—184. 383
Samuel T. Thomas, their associates and successors, are
hereby made a corporation, by the name of the Lowell
Power Harness Company, for the purpose of manufactur-
ing weavers' harnesses and other findings, for manufac-
turers' use, by power, in the city of Lowell, and county
of Middlesex, with all the powers and privileges, and sub- rowers and
ject to all duties, restrictions, and liabilities, set forth in Rfs'ih. 38 44
the thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Sect. 2. Said corporation may hold, for the purpose Real and Pcr-
aforesaid, real and personal estate, and their whole capital sonaI eslale'
stock shall not exceed one hundred thousand dollars.
Sect. 3. No shares in the capital stock of this corpora- Value of shares.
tion shall be issued for a less sum or amount, to be actu-
ally paid in on each, than the par value of the shares
which shall be first issued. [Approved by the Governor,
April 9, 1850. J
An Act to establish the City of Lynn. Chap 184.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The inhabitants of the town of Lynn shall Citycstab-
continue to be a body politic and corporate, under the name llshcd"
of the City of Lynn, and, as such, shall have, exercise, and
enjoy all the rights, immunities, powers and privileges, and Powers and du-
shali be subject to all the duties and obligations, now in- lies'
cumbent upon, and appertaining to said town, as a munici-
pal corporation.
Sect. 2. The administration of all the fiscal, prudential, Mayor and al-
and municipal affairs of said city, with the government dermen-
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-five, to be called the Common coun-
common council ; which boards, in their joint capacity, Cl1 of 25"
shall be denominated the city council, and the members-
thereof shall be sworn to the faithful performance of their
respective offices. A majority of each board shall consti-
tute a quorum for doing business.
Sect. 3. It shall be the duty of the selectmen of the Nine wards,
town of Lynn, as soon as may be, after the passage of this
act, and its acceptance by the inhabitants, as hereinafter
provided, to divide said town into nine wards, as follows,
to wit : — To constitute the peninsula of Nahant one ward,
which ward shall be entitled to one member of the com-
mon council, and one member of the school committee,
and to continue the division lines of school district number
384
1850.
-Chap. 184.
one, which ward shall be entitled to two members of the
common council, and one member of the school committee ;
to continue the division lines of school districts numbers
three, seven, and nine, which shall form three wards. Each
Avard shall be entitled to one member of the common coun-
cil, and each one member of the school committee ; and to
continue the division line of school district number two,
to form one ward, which shall have four members of the
common council, and two members of the school commit-
tee ; also, to continue the division lines of school districts
numbers four, five, and six, which shall form three wards,
and each shall be entitled to five members of the common
council, and each two members of the school committee ;
and the school committee so chosen shall have the care
and superintendence of the public schools. Each ward
shall also be entitled to one assessor. And the city council
shall, once in five years, revise and alter, if it be needful,
the boundaries of the wards, by the vote of a majority,
present and voting thereon.
Sect. 4. On the second Monday in March, annually,
there shall be chosen, by ballot, in each of said wards, a
warden, clerk, and three inspectors of elections, residents
of 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
power of moderators of town meetings ; and if, at any meet-
ing, the warden shall not be present, the clerk of such ward
shall call the meeting to order, and preside until a warden
pro tempore shall be chosen by ballot ; and if, at any meet-
ing, the clerk shall not be present, a clerk pro tempore shall
Duties of clerk, be chosen by ballot. The clerk shall record all the pro-
ceedings, and certify the votes given, and deliver to his
successor in office, all such records and journals, together
with all other documents and papers held by him in said
capacity. And it shall be the duty of the inspectors of
elections to assist the warden, in receiving, assorting, and
counting the votes. And the warden, clerk, and inspectors,
so chosen, shall respectively make oath or affirmation, faith-
fully and impartially to discharge their several duties rela-
tive to all elections, which oath may be administered by
the clerk of such ward to the warden, and by the warden
to the clerk and inspectors, or by any justice of the peace
for the county of Essex. All warrants for meetings of the
citizens for municipal purposes, to be held either in wards,
or in general meetings, shall be issued by the mayor and
aldermen, and shall be in such form, and shall be served,
Lines to be re-
vised once in
five years.
Ward officers.
Their duties.
Warrants for
meetings.
1850. CiiAr. 184. 385
executed, and returned, in such manner, and at such times,
as the city council may, by any by-law, direct.
Sect. 5. The mayor, aldermen, and five overseers of Of the election
the poor, to be selected from the city at large, shall be m^IZ'fae''
elected by the qualified voters, voting in their respective overseers of
wards; and not more than two aldermen, nor more than poor"
one overseer of the poor, shall be taken from one ward.
The common councilmen, school committee, and assessors, Common coun-
shall be elected from, and by the voters of, each ward, and oilmen, school
/• i t i«ii i committee, and
shall be residents of the wards in which they are elect- assessors.
ed. All said officers shall be chosen by ballot, and shall
hold their offices for one year from the first Monday in
April, and until others shall be elected and qualified.
Sect. 6. On the second Monday in March, annually, Time and man-
the qualified voters in each ward shall give in their votes "hyofficers? f°r
for mayor, aldermen, and common councilmen, overseers
of the poor, school committee, assessors, warden, clerk, and
inspectors, as provided in. the preceding sections ; and all
the votes so given, shall be assorted, counted, declared, and
registered, in open ward meeting, by causing the names of
persons voted for, and the number of votes given for each,
to be written in the ward records, in words at length. The
clerk of the ward, within twenty-four hours after such elec-
tion, shall deliver, to the persons elected members of the
common council, school committee, and assessors, certifi-
cates of their election, signed by the warden and clerk, and
by a majority of the inspectors of elections, and shall de-
liver to the city clerk a copy of the records of such elec-
tions, certified in like manner: provided, however, that, if Proviso.
the choice of the common councilmen, school committee,
and assessors, cannot be conveniently effected on that day,
the meeting may be adjourned, from time to time, to com-
plete such election. The board of aldermen shall, as soon
as conveniently may be, examine the copies of records of
the several wards, certified as aforesaid, and shall cause the
person who may have been elected mayor, to be notified,
in writing, of his election ; but, if it shall appear that no
person has received a majority of all the votes, or, if the
person elected shall refuse to accept the office, the board
shall issue their warrants for a new election, and the same
proceedings shall be had, as are hereinbefore provided for
the choice of a mayor, and repeated, from time to time, un-
til a mayor shall be chosen.
In case of the decease, resignation, or absence of the Vacancy in
mayor, or his inability to perform the duties of his office, it officc ™ mayor-
shall be the duty of the board of aldermen and the com-
mon council, in convention, to elect a mayor to serve
50
386
1850.
-Chap. 184.
Notice to alder-
men of election
Oaths.
Organization.
Absence of
mayor.
Record of pro-
ceeding's.
Duties of
mayor.
during the unexpired term, or until the occasion, causing
the vacancy, is removed. And if it shall appear that the
whole number of aldermen, or the whole number of over-
seers of the poor, have not been elected, the same proceed-
ings shall be had, as are hereinbefore provided for the
choice of mayor. Each alderman, and each overseer of the
poor, 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 Essex.
The aldermen and common councilmen elect shall, on
the first Monday of April, at ten o'clock in the forenoon,
meet in convention, when the oath required by this act
shall be administered to the members of the two boards
present, by the mayor, or by any justice of the peace for
the county of Essex ; and a certificate of such oath, having
been taken, shall be entered on a journal of the mayor and
aldermen, and of the common council, by their respective
clerks.
And whenever it shall appear that no mayor has been
elected, previously to the said first Monday in April, the
mayor and aldermen, for the time being, shall make a rec-
ord of that fact ; an attested copy of which, the city clerk
shall read at the opening of the convention to be held as
aforesaid.
After the oath has been administered as aforesaid, the
two boards shall separate, and the common council shall be
organized by the choice of a president and clerk, who shall
be sworn to the faithful performance of their duties.
In case of the absence of the mayor elect, on the first
Monday in April, the city government shall organize itself
in the manner hereinbefore provided, and may proceed to
business, in the same manner as if the mayor were present,
and the oath of office may 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
choose a chairman pro tempore, who shall preside at joint
meetings of the two boards.
Each board shall keep a record of its own proceedings,
and judge of the election of its own members ; and, in case
of failure of an election, or in case of any vacancy declared
by either board, the mayor and aldermen shall order a new
election.
Sect. 7. The mayor thus chosen and qualified shall be
the chief executive officer of said city ; it shall be his duty
to be vigilant in causing the laws and regulations of the
1850. Chap. 184. 387
city to be enforced, and keep a general supervision over the
conduct of all subordinate officers, and to cause their neg-
lect of duty to be punished ; he may call special meetings
of the boards of aldermen and common council, or cither
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 pre-
side in the board of aldermen, and in convention of the two
boards, but shall have a casting vote only ; his salary shall Salary.
be, for the first year under this charter, four hundred dol-
lars, and no more : he shall afterwards receive for his ser-
vices such salary as the city council shall determine, and
shall receive no other compensation ; but such salary shall
not be increased or diminished during his continuance in
office.
Sect. 8. The executive power of said city generally, Executive pow-
and the administration of the police, with all the powers mayorandai-
heretofore vested in the selectmen of Lynn, shall be vested dcrmen.
in the mayor and aldermen as fully as if the same were
herein specially enumerated.
And the mayor and aldermen shall have full and exclu- Police officers.
sive power to appoint a constable and assistants, or a city
marshal and assistants, with the powers and duties of con-
stables and all other police officers, and may remove the
same, when, in their opinion, sufficient cause for removal
exists.
All other powers now vested in the inhabitants of said
town, and all powers granted by this act, shall be vested in
the mayor and aldermen and common council of said city,
to be exercised by concurrent vote, each board to have a neg-
ative upon the other : but the city council shall, annually, City officers.
as soon after their organization as may be convenient, elect
by joint ballot, in convention, a city treasurer, collector of
taxes, and city clerk, and shall, in such manner as said city
council shall determine, by any by-law made for the pur-
pose, appoint or elect all subordinate officers, not herein
otherwise directed, for the ensuing year, define their duties,
and fix their compensations, in cases where such duties and
compensations shall not be defined and fixed by the laws
of this Commonwealth.
All sittings of the common council shall be public, and
all sittings of the mayor and aldermen when they are not
engaged in executive business. The city council shall take Appropriations
care that money shall not be paid from the treasury, unless ol mone-v-
granted or appropriated ; shall secure a just and prompt ac-
388
1850.
-Chap. 184.
Receipts and
expenditures.
Of salary offi-
cers.
Proviso.
City clerk.
Duties.
Fire depart-
ment.
Duties of over-
seers of poor.
Of assessors.
Taxes.
countability, by requiring bonds, with sufficient penalty
and sureties, from all persons trusted with the receipt, cus-
tody, or disbursement of money ; shall have the care and
superintendence of city buildings, and the custody and
management of all city property, with power to let or sell
what may be legally let or sold, except the common ; and
to purchase property, real or personal, in the name and for
the use of the city, whenever its interest or convenience
may, in their judgment, require it.
And the city council shall, as often as once a year, cause
to be published, for the use of the inhabitants, a particular
account of receipts and expenditures, and a schedule of
city property.
Sect. 9. No person shall be eligible to any office, the
salary of which is payable out of the city treasury, who,
at the time of his appointment, shall be a member either
of the boards of aldermen or common council ; and neither
the mayor, nor any alderman, or member of the common
council, shall, at the same time, hold any other office in
the city government : provided, however, that the mayor
and president of the common council shall be, ex officio,
members of the school committee.
Sect. 10. Said city council shall have power to choose
a city clerk, who shall be clerk of the board of aldermen ;
he shall perform such duties as shall be prescribed by the
board of aldermen, and shall perform all the duties, and
exercise all the powers, by law incumbent upon or vested
in the town clerk of Lynn.
Sect. 11. An act establishing the fire department in the
town of Lynn, passed March twenty-third, one thousand
eight hundred and thirty-six, shall continue in force, and
all the power and authority now vested in the selectmen
of Lynn, in relation to the fire department in that town,
shall be transferred to and vested in the mayor and alder-
men.
Sect. 12. The overseers of the poor shall have all the
powers, and be subject to all the duties, now by law apper-
taining to the overseers of the poor for the town of Lynn.
The assessors to be chosen, as hereinbefore provided,
shall constitute the board of assessors, and shall exercise
the same powers, and be subject to the same duties and
liabilities, that the assessors in the several towns in the
Commonwealth may exercise, or be subject to, under exist-
ing laws, and shall be sworn to the faithful performance of
their duty.
All taxes shall be assessed, apportioned, and collected, in
the manner prescribed by the laws of the Commonwealth :
1850. Chap. 184. 389
provided, however, that the city council may establish fur- Proviso.
ther or additional provisions for the collection thereof.
Sect. 13. The city council shall have exclusive au- streets and
thority and power to lay out any new street or town-way, tow""'lVs
and to estimate the damages any individual may sustain
thereby ; but all questions relating to the subject of laying
out, accepting, altering, or discontinuing any street or way,
shall first be acted upon by the mayor and aldermen.
And any person dissatisfied with the decision of the city"
council, in the estimate of damages, may make complaint
to the county commissioners of the county of Essex, at
any meeting held within one year after such decision,
whereupon the same proceedings shall be had as are now
provided by the laws of the Commonwealth, in cases where
persons are aggrieved by the assessment of damages by the
selectmen, in the twenty-fourth chapter of the Revised
Statutes.
Sect. 14. All power and authority now by law vested Health.
in the board of health for the town of Lynn, or in the
selectmen of said town, shall be transferred to and invested
in the city council, to be carried into execution in such
manner as the city council shall deem expedient.
Sect. 15. The city council shall have authority to Drains, &c.
cause drains and common sewers to be laid down through
any streets or private lands, paying the owners such dam-
age as they may sustain thereby, and to require all persons
to pay a reasonable sum for the privilege of opening any
drain into said public drain or common sewer.
And the city council may make by-laws, with suitable inspection of
penalties, for the inspection, survey, measurement, and sale lumber> &c-
of lumber, wood, coal, and bark, brought into the city for
sale.
Sect. 16. The mayor and aldermen shall, in each year, Representation
issue their warrant for calling meetings for the election of £0uretnera'
the whole number of representatives to the General Court,
to which said city is by law entitled, and the number shall
be specified in the warrant.
Sect. 17. All elections for county, state, and United Election of
States officers, who are voted for by the people, shall be ™T\j! states
held at meetings of the citizens qualified to vote in such officers,
elections, in their respective wards, at the time fixed by
law for these elections respectively ; and, at such meetings,
all the votes, given for said 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
390
1850.-
-Chap. 184.
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 deliv-
ered in the same manner as similar returns are by law
directed to be made by selectmen of towns. And in all
elections for representatives to the General Court, in case
the whole number proposed to be elected shall not be
chosen by a majority of the votes legally returned, the
mayor and aldermen shall forthwith issue their warrant for
a new election, conformably to the provisions of the con-
stitution and the laws of the Commonwealth.
Lists of voters. Sect. IS. Prior to every election, the mayor and alder-
men shall make out lists of all the citizens of each ward,
qualified to vote in such elections, in the manner in which
selectmen of towns are required to make out lists of voters ;
and, for that purpose, they shall have full access to the
assessors' books and lists, and be entitled to the assistance
of all 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 lists.
Sect. 19. General meetings, of the citizens qualified
to 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 griev-
ances, according to the right secured to the people by the
constitution of this Commonwealth.
And such meetings may, and shall, be duly warned, by
the mayor and aldermen, upon the requisition of fifty qual-
ified voters.
By-laws. Sect. 20. The city council shall have power to make
all such salutary and needful by-laws as towns, by the laws
of this Commonwealth, have power to make and estab-
lish, and to annex penalties, not exceeding twenty dollars,
for the breach thereof; which by-laws shall take effect,
and be in force, from and after the time therein respectively
limited, without the sanction of any court, or other author-
Proviso. ity whatever : provided, however, that all laws and regula-
tions, now in force in the town of Lynn, shall, until they
shall expire by their own limitation, or be revised or re-
pealed by the city council, remain in force, and all fines
General meet-
ings.
1850. Chap. 184. 391
and forfeitures, for the breach of any by-law or ordinance,
shall be paid into the city treasury.
Sect. 21. All fines, forfeitures, and penalties, accruing Fines, &c, for
for the breach of any by-laws of the city of Lynn, or of l^"0110' ' v"
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 the police court in said city of Lynn,
by complaint or information, in the same way and manner
in which other criminal offences are now prosecuted before
the police courts 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 Essex, from the
judgment and sentence of the police court.
And the appeal shall be allowed on the same terms, and
the proceedings shall be conducted therein in the same
manner, as provided in the one hundred and thirty-eighth
chapter of the Revised Statutes of this Commonwealth.
And it shall be sufficient, in all such prosecutions, to set
forth, in the complaint, the offence fully, plainly, sub-
stantially, 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 Lynn,
and shall enure to such uses as said council shall direct.
When any person, upon any conviction before the police
court for any breach of any by-law of said city of Lynn,
or any of the ordinances of the city council, or any of the
orders of the mayor and aldermen, shall be sentenced to
pay a fine, or ordered to pay any penalty or forfeiture, pro-
vided by any such by-law, ordinance, or order, or, upon
claiming an appeal, shall fail to recognize for his appear-
ance 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 behaviour ; and, upon not paying the fine, penalty,
or forfeiture, and cost 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 other-
wise discharged, according to law.
The provisions of this section shall also apply to all
prosecutions founded on the by-laws or ordinances of the
town of Lynn, which may continue in force after this act
shall go into operation, and all the powers of the police
court, already established, shall be continued to it.
Sect. 22. For the purpose of organizing the system of
392 1850. Chap. 184.
First organiza- government hereby established, and putting the same into
eramem.Uy g°V" operation, in the first instance, the selectmen of the town
of Lynn, for the time being, shall, on some day during the
months of April, May, or June, 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 officers, 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 pre-
side until a warden shall have been chosen. And, at said
first meeting, a list of voters in each ward, prepared and
corrected by the selectmen for the time being, shall be de-
livered to the clerk of each ward, when elected, to be used
as hereinbefore provided. 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 afore-
said, or a majority of the members of both branches, in
the year one thousand eight hundred and fifty, and shall
also fix upon the place and the hour of said first meeting,
and a written notice thereof shall be sent, by said select-
men, to the place of abode of each of the city officers
chosen as provided in this section.
And after this first election of city officers, and this first
meeting for the organization of the city council, as in this
section is provided, the day of holding the annual elections,
and the day and hour for the meeting of the city council,
for the purpose of organization, shall remain as provided in
the sixth section of this act.
And it shall be the duty of the city council, immediately
after the first organization, to elect all necessary city offi-
cers, who shall hold their offices respectively until others
are chosen and qualified.
City clerk to Sect. 23. All officers of the town of Lynn, having the
hnve °ordsd&cf care anc^ custody of any records, papers, or property, be-
longing to said town, shall deliver the same to the city
1850. Chap. 184—185. 393
clerk, within one week after his entering upon the duties
of his office.
Sect. 24. All such acts and parts of acts as are incon- Repeal,
sistent with the provisions of this act, shall be and the
same are hereby repealed.
Sect. 25. Nothing in this act contained, shall be so Power of Legis-
construed as to prevent the Legislature from altering or
amending the same whenever they shall deem it expedient.
Sect. 26. This act shall be void unless the inhabitants This act to be
of the town of Lynn, at a legal meeting called for that voTc™^ y ' e
purpose, at which the selectmen shall preside, and the
check-list used in the same manner as at meetings called to
choose state officers, and the polls be kept open at least
ten hours, shall, by a vote of a majority of the voters pres-
ent, and voting thereon, yea or nay, by a written ballot,
determine to adopt the same within twenty days from and
after its passage.
Sect. 27. This act shall go into operation from and
after its passage. [Approved by the Governor, April 10,
1850.]
An Act concerning Persons under Guardianship imprisoned for the non- Chop 185..
payment of Fines.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. Any person under guardianship, confined in To have the
prison for the space of three months, for fine and costs 3jn| of°ch!hi45
only, or for either of them, or for the space of thirty days, of R. s., and of
where the fine shall not exceed five dollars, shall be entitled
to the benefit of the provisions of the third section of the
one hundred and forty-fifth chapter of the Revised Stat-
utes, and of the fifty-ninth chapter of the acts of the year
eighteen hundred and forty-two, respectively, notwithstand-
ing it shall appear that the property and estate of such
person is thus held in guardianship, in case the property
and estate so held, is beyond his actual control, and pro-
vided he is otherwise entitled to the benefit of said act.
Sect. 2. Whenever any person under guardianship of process
shall obtain a discharge from imprisonment, under the pro- ^"0 recovei
visions of this act, the Commonwealth may recover against fine ami costs.
any guardian of such person, having assets, the amount of
fine and costs so remaining unpaid, in an action of debt, to
be brought in any court competent to try the same, within
one year after the time of such discharge. [Approved by
the Governor, April 10, 1850.]
51
394
1850.
-Chap. 186—187.
Chap 186.
May disperse
assemblies of
persons in cer-
tain cases.
Repeal.
Chap 181,
Addition,
4,250 shares.
Of the issue of
such new
shares.
Proviso.
Time and man-
ner of issuing.
An Act relating to the Powers and Duties of the Watch in the Cities
and Towns 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 :
Sect. 1. That the watch, in any city or town in this
Commonwealth, shall have authority to disperse any assem-
bly of three or more persons, such as are mentioned in
chapter seventeenth, section four, of the Revised Statutes, at
any time after the setting of such watch for the night, and
before the discontinuance of the same the next morning,
and any such person as is in said section mentioned, to ex-
amine, arrest, and secure, during said time, and him to
keep and proceed against, as therein mentioned.
Sect. 2. All acts and parts of acts inconsistent with
the provisions of this act are hereby repealed. [Approved
by the Governor, April 13, 1850.]
An Act to increase the Capital Stock of the Norwich and Worcester
Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Norwich and Worcester Railroad Com-
pany is hereby authorized to increase the capital stock of
said company, by the addition of four thousand two hun-
dred and fifty shares, each share to be of the par value of
one hundred dollars.
Sect. 2. For the purpose of carrying into effect the
provisions of this act, the directors of said company are
hereby authorized and empowered to issue said four thou-
sand two hundred and fifty shares of new stock ; and the
present stockholders of said company may subscribe for
said new stock, in the proportion of one share for every
four shares of old stock by them held, they paying par
value for such new stock in such manner as the board of
directors of said company shall direct at the time of sub-
scribing, and also delivering up their certificates of old
stock, and receiving in lieu of every four shares of old
stock and share of new stock a certificate of five shares of
preferred stock : provided, that not more than one half of
the amount of such new stock, so taken by each stock-
holder, shall be required to be paid in by him, within one
year after the acceptance of this act by the stockholders as
provided in the seventh section.
Sect. 3. No portion of said stock, issued under the
provisions of this act, shall be issued at less than its par
value ; the time and manner of issuing it shall be deter-
1850. Chap. 187. 395
mined by the directors of said company, who shall annu-
ally make report of their proceedings to the Legislature of
this State.
Sect. 4. The said stock, in the certificates issued there- The new stock
for, shall be called Preferred Stock, and whenever the four to be P"/"™*
thousand shares of the capital stock of said corporation, Of the stock
held by the Commonwealth as collateral security, shall be Smmomwdih.
transferred by the Commonwealth, or issued by said cor-
poration, then, and in either of said cases, the said four
thousand shares, or so many of them as may be transferred
or issued, shall stand on the same footing and be entitled
to the same benefits and advantages, in all respects, as said
preferred stock ; and the board of directors are hereby au-
thorized and empowered to declare and pay semi-annual
dividends out of the net earnings of said company, not
exceeding six per cent, per annum on such preferred stock ;
and no dividends shall hereafter be declared and paid upon Its privileges.
any other stock of said company, now in the hands of
stockholders, except the same be paid out of the net sur-
plus earnings of said company, after the payment of the
dividends on said preferred stock.
Sect. 5. When, after the payment of the dividends of the surplus
upon said preferred stock, out of the net earnings of said ^p^erred"'5
company, there shall be a surplus remaining, there shall be stock.
paid out of such surplus, semi-annual dividends not exceed-
ing six per cent, per annum, on all the old stock of said
company, held by stockholders and remaining unsurren-
dered ; and if there remain any surplus of said net earn-
ings, after the payment of all the dividends aforesaid, the
same shall be equally divided among the stockholders, upon
all the stock of said company, new and old, share and
share alike.
Sect. 6. The act passed by the Legislature, April 1848, ch. 19G,
twenty-sixth, eighteen hundred and forty-eight, and ap- rePeae ■
proved by the governor, April twenty-seventh, eighteen
hundred and forty-eight, entitled " an act to increase the
capital stock of the Norwich and Worcester Railroad Com-
pany," shall be and the same hereby is repealed, whenever
this present act, in accordance with its provisions, shall go
into effect.
Sect. 7. This act shall not take effect until the same When this act
has been passed by the General Assembly of the state of s a ta ee ec<
Connecticut, and accepted by a vote of two thirds of the
stock represented at a stockholders' meeting, specially con-
vened for that purpose.
Sect. 8. This act may be altered, amended, or repealed, PowerofLegis-
at the pleasure of the Legislature. [Approved by the Gov-
ernor, April 13, 1850.]
396 1850. Chap. 188—189.
Qhttp 188. An Act concerning Streets and Ways in the City 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 :
Abutiorsto Sect. 1. When any street or way which now is. or
and wavseg?ven hereafter shall be opened, in the city of Worcester, over
to public use. any private land, by the owners thereof, and dedicated to,
or permitted to be used by the public, before such street
shall have been accepted and laid out according to law, it
shall be the duty of the owners of the lots abutting there-
on, to grade such street or way, at their own expense, in
such manner as the safety and convenience of the public
shall, in the opinion of the mayor and aldermen of said
Proceedings in city, require ; and if the owners of such abutting lots
orSrefusa]Cfflect shall, after reasonable notice given by the said mayor and
aldermen, neglect or refuse to grade such street or way, in
manner aforesaid, it shall be lawful for the said mayor and
aldermen to cause the same to be graded as aforesaid, and
the expense thereof shall, after due notice to the parties
interested, be equitably assessed upon the owners of such
abutting lots, by the said mayor and aldermen, in such pro-
portions as they shall judge reasonable ; and all assessments
so made shall be a lien upon such abutting lands, in like
Proviso. manner as taxes are now a lien upon real estate : provided,
that any such grading of any street or way, by the mayor
and aldermen as aforesaid, shall not be construed to be an
acceptance of such street or way by the city of Worcester.
No street less Sect. 2. No street or way shall hereafter be opened as
than 40 feet. aforesaid, in said city, of a less width than forty feet, ex-
cept with the consent of said mayor and aldermen, in writ-
ing, first had and obtained for that purpose.
When this act Sect. 3. This act shall take effect in thirty days from
' the passing thereof, unless the city council of said city
shall, within that time, vote not to accept the same. [Ap-
proved by the Governor, April 13, 1850.]
ChcilJ 189 An Act relating to the Income of the Western Railroad Stock Sinking
* 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 :
To be paid inio The income of the Western Railroad Stock Sinking
rommonweaUh. Fuwl shall, after the present year, be paid into the treas-
ury, and appropriated to the current expenses of the Com-
monwealth. [Approved by the Governor, April 13, 1850.]
1850. Chap. 190—191. 397
An Act to incorporate the Conway Tool Company. CIlCW 190
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Alonzo Parker, Horace Hubbard, Daniel Rice, Corporators.
2d, their associates and successors, are hereby made a cor-
poration, by the name of the Conway Tool Company, for
the purpose of manufacturing joiners' bench and moulding
tools, and the running of a saw mill for the manufacture of
lumber, in the town of Conway, in the county of Frank-
lin, with all the powers and all the privileges, and subject Powers and
to all the duties, restrictions and liabilities, set forth in RUts.s"ch. 38.44.
the thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Sect. 2. Said corporation may, for the purposes afore- Real estate,
said, hold real estate not exceeding thirty thousand dollars,
and the whole capital stock shall not exceed one hundred Capital stock.
thousand dollars. [Approved by the Governor, April 15,
1850.]
An Act in addition to an Act to establish the City of Worcester. Chap 191.
BE it enacted by the Senate and House of Representor
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The city council shall annually, as soon after Chief engineer.
their organization as may be convenient, elect by joint bal-
lot, in convention, a chief engineer of the fire department,
and as many assistant engineers, not exceeding six in num-
ber, as they shall deem necessary.
Sect. 2. The qualified voters of each ward, at their School commit-
respective annual ward meetings, shall elect by ballot two tce'
persons in each ward, who shall be residents of the ward,
to be members of the school committee, and shall also cast
their ballots for eight persons from the city at large, to be
members of the school committee ; and the persons thus
chosen, together with the mayor, shall constitute the school
committee of the city.
Sect. 3. The city council shall have power to lay out Sidewalks.
sidewalks, and fix the width, height, and grade of the same,
and require all persons owning land abutting on such side-
walks, to pave the walks with brick or stone, as they may
direct, the city first setting the curbstones and paving the
gutters; and, in case any person, owning land as aforesaid,
shall neglect or refuse to comply with the requirement of
the city council, the city council shall have power to cause
said sidewalks to be paved, according to said requirement.
398
1850.
-Chap. 191.
Election of city
officers.
Of the term of
office of warden,
elerk, and in-
spectors of
elections.
and may recover of said owner, by an action on the case,
in the name of the city, the expense of paving the same.
Mill Brook. Sect. 4. The city council shall have power to fix the
boundaries of Mill Brook in said city, between the factory
buildings of Rice, Fox and Company, and Grove Mills,
and to alter, widen, and deepen the channel thereof, as the
public good may require. And any damages sustained by
any person in his property, by reason thereof, shall be
assessed in the same manner, and upon the same principles,
as damages are assessed in the laying out of town ways.
Sect. 5. The election of city and ward officers shall
take place on the second Monday of December of each
year, and the municipal year shall begin on the first Mon-
day of January following. This change shall take effect
on the second Monday of December, in the year eighteen
hundred and fifty-one, and the term of office of the offi-
cers elected on the first Monday of March next, shall ex-
pire on the first Monday of January, eighteen hundred and
fifty-two.
Sect. 6. The term of office of the warden, clerk, and
inspectors of elections, is so far changed, that they shall
hold their offices till the close of the municipal year for
which they are respectively elected, and until others are
chosen in their stead ; and in case of a failure to elect any
one or more of said officers, at the annual meeting of any
of said wards, then said ward meetings may be adjourned,
from time to time, until such election is completed.
Sect. 7. Any vacancy in the office of overseer of the
poor, assistant assessor, or school committee, may be filled
in the manner provided in the sixth section of the act, to
which this is in addition, for filling vacancies in the com-
mon council.
Sect. 8. The list of jurors in the city of Worcester
shall be prepared by the mayor and aldermen of the city,
in the same manner as is required, in the ninety-fifth chap-
ter of the Revised Statutes to be done by the selectmen,
within and for their respective towns ; and the lists, when
made out by the mayor and aldermen, shall be submitted
to the common council for concurrent revision or amend-
ment.
Same. Sect. 9. The said mayor and aldermen, and the clerk
of the city, shall severally have, and exercise, all the pow-
ers and duties, with regard to the drawing of jurors, in the
city of Worcester, and all other matters relating to jurors
therein, which are, in the ninety-fifth chapter of the Re-
vised Statutes, required to be performed by the selectmen
and town clerks, in their respective towns ; and all venires
Vacancies.
Lists of jurors.
1850. Chap. 191—192. 399
for jurors, to be returned from Worcester, shall be served
on said mayor and aldermen.
Sect. 10. The city council shall have authority to elect Surveyors of
surveyors of highways, for any and all highway districts h,shways-
which now exist, or which may hereafter be established by
the city council, with the same powers, and subject to the
same liabilities, as surveyors of highways elected by towns.
Sect. 11. The city clerk shall forthwith record the Records by
returns, required to be made to him by the provisions of Clty clerk"
the sixteenth section of " an act to establish the city of
Worcester," or a plain and intelligible abstract of the same,
as they are successively received.
Sect. 12. All acts and parts of acts inconsistent with Repeal.
the provisions of this act are hereby repealed.
Sect. 13. This act shall be void unless approved by When to take
the voters of the city of Worcester, at meetings held simul- effect-
taneously in the several wards, upon notice duly given,
at least seven days before the time of said meetings, and
within sixty days after the passage of this act. [Approved
by the Governor, April 15, 1850.]
An Act in addition to an Act to incorporate the Springfield Aqueduct (Jhay) J92
Company. "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Springfield Aqueduct Company shall May take that
have the right to take, on the land now owned by them, ^0t0kfCaiieIdh
the spring or stream of water known as, and called, the the Vanhom
Vanhorn Spring, being a part of North Brook, so called, in pnn*'
Springfield, and convey the same by the most convenient
route across the land of several persons, into their present
aqueduct.
Sect. 2. Said aqueduct company, their successors or Liable for ail
assigns, shall be liable for all damages occasioned, either by damases-
taking said stream or spring, or by laying the logs or pipes
to convey the same across the land of the several owners,
or in examining and repairing the same, from time to time,
as may be necessary.
Sect. 3. All damages, occasioned under the operation Damages, how
of this act, claimed by any person or corporation, may be |ained!scer"
ascertained, determined and recovered, in the time and
manner provided by law in case of land taken for high-
ways, unless the said aqueduct company, their successors
or assigns, and the persons or corporations claiming dam-
ages, have made, or shall hereafter make an agreement, in
writing, to submit said question of damages to three refer-
400
1850.
-Chap. 192—193.
Of referees to
ascertain dam-
ages.
Of expenses in
reference to
damages.
No application
to be made to
Legislature for
ten years, to
take any more
of the water of
North Brook.
Rights of the
company.
ees, the award of whom, or any two of whom, shall be
final and conclusive upon the parties, and to be paid within
twenty days after the same is made and published.
Sect. 4. In case there should be a vacancy, for any
cause whatever, in any board of referees that may be
agreed upon by the parties for ascertaining and determin-
ing the damages aforesaid, and the parties cannot agree in
filling the same, the county commissioners for the county
of Hampden, on application from either party, and on
notice to the other party, are hereby authorized and directed
to appoint some suitable person or persons to fill such va-
cancy.
Sect. 5. All the expenses incurred in settling any ques-
tion of damages, arising under this act, shall be paid by
said company, except the travel and attendance of parties,
and counsel fees.
Sect. 6. Said aqueduct company, their successors or
assigns, shall not, at least for the term of ten years from
the passage of this act, make any application to the Legis-
lature, directly or indirectly, for the right to take any more
of the water of said North Brook, or of any of the springs
or streams running into the same, than is taken under this
act ; and the grant in this act is made subject to the fore-
going conditions in this section, and will be void when-
ever it shall be broken.
Sect. 7. Said aqueduct company, their successors or
assigns, are hereby authorized to take any spring or stream
of water and convey the same into their aqueduct, which
they shall acquire by purchase of all persons interested
therein. [Approved by the Governor, April 15, 1850.]
Ch(X1) 193. An -^CT t° authorize the South Wharf Corporation to extend their Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
in Boston. The South Wharf Corporation, proprietors of wharves
lying on the easterly side of Sea street, in Boston, are
hereby authorized to extend and maintain their southerly
wharf into the channel, as far as the line established by the
1840, ch. 35. act entitled "an act concerning the harbor of Boston,"
passed on the seventeenth day of March, in the year one
thousand eight hundred and forty, and shall have the right
to lay vessels at said wharf, and to receive wharfage and
Proviso. dockage therefor : provided, however, that this grant shall
not be construed to extend to any land or flats of this
Commonwealth lying in front of the land or flats of any
other person, or which would be comprehended by the
1850. Chap. 193—195. -401
true lines of such land or flats continued to said commis-
sioners' line : and provided, also, that so much of said Proviso.
wharf as shall extend beyond the line of 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 graut shall
in no wise impair the legal rights of any person. [Ap-
proved by the Governor, April 15, 1850.]
An Act in relation to the carrying of Slung Shot Chap 194.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Any person arrested upon the warrant of a Penalty, fine, or
magistrate, issued against him for any alleged offence ,mPrisonment-
against the laws of this Commonwealth, and any person
committing any criminal offence against the laws of this
Commonwealth, or any breach or disturbance of the public
peace, who may, at the time of the commission of such
offence, or breach or disturbance of the public peace, be
arrested by any sheriff, deputy sheriff, constable, or police
officer, in this State, and who shall, at the time of such
arrest, be armed with any dangerous weapon, of the kind
usually called slung shot, shall be punished by a fine not
exceeding fifty dollars, or imprisonment in the common
jail or house of correction for a term not exceeding one
year.
Sect. 2. Any person who shall, within this State, here- Penalty for
after manufacture, or cause to be manufactured, or sell, or jJh^g^ot"org
expose for sale, any instrument or weapon of the kind usu- causing them to
ally known as slung shot, shall be punished therefor by a
fine not less than fifty dollars, or by imprisonment in the
common jail or house of correction, for a term not exceed-
ing six months. [Approved by the Governor, April 15, 1850.]
An Act to incorporate the Springfield Medical School. Chut) 1 95
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. William B. Calhoun, Reuben A. Chapman, Corporators.
James M. Smith, their associates and successors, are hereby
made a corporation, by the name of the Springfield Medi-
cal School, to be established in the town of Springfield,
in the county of Hampden, with all the powers and privi- Powers and
leges, and subject to all the duties, restrictions, and liabili- R.'sf^b. u
ties, set forth in the forty-fourth chapter of the Revised
Statutes.
52
402
1850.
-Ch^p. 195—197.
Real and per-
sonal estate.
Sect. 2. The said corporation may hold real and per-
sonal estate to the amount of one hundred thousand dol-
lars, to be devoted exclusively to the purposes of medical
education. [Approved by the Governor, April 15, 1850.]
Chap 196. An Act in relation to Bonds to be given to Judges of Probate.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Exemption from Sect. 1. That executors, administrators, guardians, trus-
fhe dLre"ionaof tees> an(l other persons, giving bonds to any judge of pro-
judge of pro- bate, may be exempted, at the discretion of said judge,
from giving bonds for the proceeds of the sales of real
estate, except when authorized to sell the same.
Sect. 2. All acts and parts of acts inconsistent with
this act are hereby repealed.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 15, 1850.]
bate in certa
rases.
Repeal.
Chap 197.
Trustees to be
elected to take
charge of the
fund.
Powers and
duties.
R. S. ch. 41.
Proceedings in
case of a neg-
lect or refusal to
elect trustees.
Declaratory.
An Act relating to the Sawtell School Fund in Groton.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The inhabitants of school district number
seven, in the town of Groton, are hereby authorized to
elect by ballot, annually, in the month of March or April,
five persons, who shall be denominated the trustees of the
Sawtell School Fund now established in said district ; and
said trustees, for the purpose of taking, holding and man-
aging said fund, and appropriating the income thereof
agreeably to the last will of the testator and the laws of
the Commonwealth relating to said fund, shall be a body
corporate, with all the powers and privileges, and be sub-
ject to all the duties, liabilities, and restrictions, set forth in
the forty-fourth chapter of the Revised Statutes, and the
laws of the Commonwealth concerning said fund: pro-
vided, that if the inhabitants of said district shall neglect
or refuse to elect said trustees, as is herein authorized, the
selectmen of said Groton shall exercise all the powers and
privileges, and be subject to all the duties, liabilities, and
restrictions, of said trustees, until the inhabitants of said
district shall elect trustees agreeably to this act.
Sect. 2. Nothing in this act contained shall authorize
the diversion of the income of said fund from the support
of a woman's school in the district in which certain real
estate, devised by Josiah Sawtell, late of said Groton, for
the establishment of this fund, is now situated. [Approved
by the Governor, April 15, 1850.]
1850. Chap. 198—200. 403
An Act in addition to "An Act to incorporate the Worcester Aqueduct Chai) 198
Company." •*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Sect. 1. Any damages sustained under and by virtue or damages,
of an act entitled " an act to incorporate the Worcester
Aqueduct Company," shall be assessed in the manner pro-
vided in the twenty-fourth chapter of the Revised Statutes:
provided, however, that proceedings to enforce a claim for Proviso.
damages under said act, may be instituted within one year
from and after the passage of this act.
Sect. 2. All acts and parts of- acts inconsistent with Repeat,
the provisions of this act are hereby repealed. [Approved
by the Governor, April 15, 1850.]
An Act concerning Bail in Civil Actions. Chctl) 199.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Officers to whom bail bonds may be offered, Bail bonds sufli-
as is provided in the second section of the ninety-first Fient' lf sure,,es
r J have property
chapter of the Revised Statutes, shall hereafter be required in Common-
to accept the same: provided, the bond be executed by two ^Tin'thlTomi-
sureties at the least, each of them having sufficient proper- ty where given,
ty within the Commonwealth, although they may not have
sufficient within the county in which the principal is ar-
rested or held in custody.
Sect. 2. The bond required by the sixty-third section same provision
of the ninety-seventh chapter of the Revised Statutes, from i"C!lseI01f boud*
J . , r. , i • i Ti for thel.berty of
persons committed on actions who may claim the liberty prison limits,
of the prison limits, shall be sufficient, if the sureties, by
said section required, have sufficient property within the
Commonwealth.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 15, 1850.]
An Act in addition to an Act concerning Devises and Wills by Married Chap 200.
Women. "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. All the powers and rights conferred, by the Powers exteixi-
seventy-fourth chapter of the acts of the year one thousand T1 to c?se1 of
■ u L j j i f devise lor Den-
eight hundred and forty-two, upon a married woman, to efit of husband.
devise property holden in her own right, or separately from
her husband, shall apply to all cases of devise, or bequest,
404
1850.
■Chap. 200—202.
husband.
Operation of
this act.
by will, by such married woman, to or for the benefit of
her husband, in like manner as she now enjoys the right to
devise such property to any other person.
Sect. 2. Where all the devises or bequests, in such
will, are to the husband, or for his benefit solely, it shall
not be necessary to the validity of such will, that the hus-
band shall have expressed his assent thereto, or have en-
dorsed his approval of the same thereon.
Sect. 3. This act shall apply to all cases of wills al-
ready executed, where the testatrix is still living.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 15, 1850.]
Chap 201. An Act to authorize William Wright to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
in Boston. William Wright, proprietor of an estate lying on the
easterly side of Sea street, in Boston, is hereby authorized
to extend and maintain a wharf into the harbor channel, as
far as the line established by the act entitled " an act con-
cerning the harbor of Boston," passed on the seventeenth
1840, ch. 35. day of March, in the year one thousand eight hundred and
forty, and shall have the right to lay vessels at said wharf,
and to receive wharfage and dockage therefor : provided,
Proviso. however, that this grant shall not be construed to extend to
any land or flats of this Commonwealth lying in front of
the land or flats of any other person, or which would be
comprehended by the true lines of such land or flats contin-
Proviso. ued to said commissioners' line : and provided, also, that so
much of said wharf as shall extend beyond the line of 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 grant shall in no wise impair the legal rights of any
person. [Approved by the Governor, April 15, 1850.]
Chap 202.
Corporators.
In Boston and
Roxbury,
An Act to incorporate the Suffolk Gas Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Philo Sanford, Edward F. Hall, Watson Free-
man, their associates and successors, are hereby made a cor-
poration, by the name of the Suffolk Gas Company, for the
purpose of manufacturing and selling gas, in the cities of
Boston and Roxbury ; with all the powers and privileges.
1850. Chap. 202—203. 405
and subject to all the duties, restrictions, and liabilities, set Powers and du-
forth in the thirty-eighth and forty-fourth chapters of the '^ cll 38 w
Revised Statutes.
Sect. 2. Said corporation may, for the purpose afore- Real estate.
said, hold real estate not exceeding in value two hundred
thousand dollars, and the whole capital stock shall not ex- Capital stock.
ceed five hundred thousand dollars.
Sect. 3. Said corporation shall have power and author- May open the
ity to open the ground in any part of the streets, lanes, and f^ets, &c..
highways, in either of said cities, with the consent of the a»d repair the
mayor and aldermen thereof, for the purpose of sinking 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 high-
ways, shall be held to put the same into repair, under the
penalty of being prosecuted for a nuisance : provided, that Proviso.
the mayor and aldermen of the said cities, for the time be-
ing, shall respectively, at all times, have the power to regu-
late, restrict, and control the acts and doings of said corpo-
ration which may in any manner affect the health, safety,
or convenience of the inhabitants of the said cities respect-
ively.
Sect. 4. No shares in the capital stock of said corpora- Value of shares.
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which
shall be first issued. [Approved by the Gove?-nor, April 15,
1850.]
An Act to incorporate the Middlesex Lumber Company. Chap 203.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Jefferson Bancroft, Otis Allen, and Abner Kit- Corporators,
tredge, their associates and successors, are hereby made a
corporation, by the name of the Middlesex Lumber Com-
pany, for the purpose of manufacturing lumber, in the town
of Chelmsford and city of Lowell, in the county of Middle- in Chelmsford
sex ; and for this purpose, shall have all the powers and an owe
privileges, and be subject to all the duties, restrictions, and Powers and du-
rabilities, set forth in the thirty-eighth and forty-fourth i'^s. ch. 38, 44.
chapters of the Revised Statutes.
Sect. 2. Said corporation may hold real estate to the Real estate,
value of fifteen thousand dollars, and the whole capital Capital stock.
stock of said company shall not exceed fifty thousand dol-
lars, to be divided into five hundred shares of one hundred
dollars each.
Sect. 3. No shares in the capital stock of said corpora- Value of shares,
tion shall be issued for a less amount, to be actually paid
406 1850. Chap. 203—206.
in on each, than the par valne of the shares which shall be
first issued. [Approved by the Governor, April 15, 1850.]
Chap 204. An Act relating to Probate Court3 in the County of Plymouth.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Terms now held Sect. 1. The terms of the probate courts which are
b' h°idUhle l°f I10w recluired by law to be held at Scituate, in and for the
tcr at Hingham. county of Plymouth, on the first Tuesday of March, and
on the last Tuesday of August, shall hereafter be held in
Hingham, on the respective days above mentioned ; and all
matters and processes which are now returnable to said
court at Scituate, on said days, may be returned to, and
acted upon, at the terms of the court to be held at Hing-
ham as aforesaid.
Annual terms to Sect. 2. Terms of the probate court shall hereafter be
inetondandAb ne^ annually, at Abington, on the second Monday of Jan-
Hanover, uary, and at Hanover, on the last Monday in September.
[Approved by the Governor, April 15, 1850.]
Chap 205. An Act to extend the time for paying in the Capital Stock of the Spring-
field Fire and Marine Insurance Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Time extended The time within which the capital stock of the Spring-
riobv'Tsfof" ^e^ Fire and Marine Insurance Company is, by law, re-
Aprii, 1851, quired to be paid in, is hereby extended, as follows : — for
1852, an 1853. one_tj1|r(j part 0f said capital stock, to the first day of April.
in the year one thousand eight hundred and fifty-one ; for
one-third part of said capital stock, to the first day of April.
in the year one thousand eight hundred and fifty-two ; and
for the residue, to the first day of April, in the year one
thousand eight hundred and fifty-three. [Approved by the
Governor, April 15, 1850.]
Chap 206. An Act to annex a part of the Town of Hadley to the Town of North-
ampton.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as follows :
"Ox Bow" an- Sect. 1. All that part of Hockanum Meadows, so
ameton° N°rth' ca^e(^> m tne town of Hadley, which lies westerly of the
present channel of the Connecticut River, and bounded
northerly, westerly, and southerly by the old bed of said
river, and formerly known as the " Ox Bow," is hereby set
1850. Chap. 206—208. 407
off from the said town of Hadley, and annexed to the town
of Northampton.
Sect. 2. The estate herein set off, shall be held for the Of taxes,
payment of all arrears of taxes which have legally been as-
sessed upon it by said town of Hadley, the same as if this
act had not been passed.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 15, 1850.]
An Act in addition to the several Acts for the Relief of Insolvent Debt- CllGB 207.
ors, and the more equal Distribution of their Effects. "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. In case the commissioner of insolvency for judges of pro-
any county, before whom any proceedings may be pending ^^s^1 a*s
in insolvency, shall die, or shall from any cause be absent, of insolvency,
or unable at any time to perform any of the duties required finec°iases speci"
of him, the same duties may be performed by the judge of
probate of said county, in the same manner, and with the
same effect, as in case of the performance of similar duties
by said commissioner of insolvency.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 15, 1850.]
An Act to authorize the South Cove Corporation and the South Wharf ChdJ) 208.
Corporation to extend a Wharf and the line of their respective Flats.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The South Cove Corporation and the South Wharf Cor- in Boston,
poration are hereby authorized to extend the line of the
flats and wharf owned by them respectively, on the west
side of Sea street, in the city of Boston, into the harbor
channel, as far as the line established by the act entitled
"an act concerning the harbor of Boston," passed on the
seventeenth day of March, in the year one thousand eight 1840, ch. 35.
hundred and forty, and to use and enjoy said flats accord-
ing to their respective rights as settled between them : pro- Proviso.
vided, however, that this grant shall not be construed to ex-
tend to any land or flats of this Commonwealth, lying in
front of the land or flats of any other person or corpora-
tion, or which would be comprehended by the true lines of
such land or flats continued to said commissioners' line ;
and provided, also, that no part of said flats below low- Proviso.
water mark, shall be filled up, or made solid, and that any
wharf or wharves erected thereon, shall be built on piles,
•108 1850. Chap. 208—210.
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 grant shall in no wise impair the le-
gal rights of any person. [Approved by the Governor, April
15, 1850.]
CIlClj) 209. An Act concerning the return of Executions issuing from the Supreme
Judicial Court and Court of Common Pleas.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. In all counties within the Commonwealth,
wherein there are two or more terms of the supreme judi-
cial court holden in each year, and in all counties wherein
there are four or more terms of the court of common pleas
holden for the transaction of civil business, in each year,
all executions issuing from the said courts, respectively,
shall be made returnable at the term next following the
date thereof.
Sect. 2. So much of the ninth section of the ninety-
seventh chapter of the Revised Statutes, as is inconsistent
with the above provision, is hereby repealed. [Approved
by the Governor, April 15, 1850.]
Chat) 210 ^n -^CT *n relati°n t0 tne Renewal of Bank Charters and to Bank Com-
■* ' missioners.
BE it enacted by the Senate a?ul House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
To continue till Sect. 1. The several corporations hereinafter named,
1870. which, by their respective charters, have been heretofore
incorporated and established at the several places named
herein, be and the same are hereby continued corporations,
for the purposes of banking, until the first day of January,
which shall be in the year one thousand eight hundred and
seventy, notwithstanding any limitation in their respective
charters of incorporation to the contrary, viz. :
The president, directors and company of the Traders
Bank, in Boston ; the president, directors and company of
the Union Bank, in Boston ; the president, directors and
company of the Worcester Bank, in Worcester ; the presi-
dent, directors and company of the Merchants Bank, in
Salem ; the president, directors and company of the Bank
of Brighton, in Brighton ; the president, directors and
company of the Southbridgc Bank, in Southbridge ; the
president, directors and company of the Beverly Bank,
in Beverly ; the president, directors and company of the
1850. Chap. 210. 409
Oxford Bank, in Oxford ; the president, directors and com-
pany of the Powow River Bank, in Amesbnry ; the presi-
dent, directors and company of the Honsatonic Bank, in
Stockbridge ; the president, directors and company of the
Merchants Bank, in Newbnryport ; the president, directors
and company of the Pawtncket Bank, in Pawtucket ; the
president, directors and company of the Hampden Bank, in
Wcstfield ; the president, directors and company of the
Millbnry Bank, in Millbnry; the president, directors and
company of the Adams Bank, in Adams ; the president,
directors and company of the Appleton Bank, in Lowell.
And the said corporations, respectively, shall be entitled LiabiHties, &c.
to all the powers and privileges, and shall be subject to all
the duties, liabilities, requirements and restrictions, con-
tained in such acts as are now in force, and to such other
acts as may hereafter be passed by the General Court, in
relation to banks and banking.
Sect. 2. The several corporations hereinafter named, To continue tin
which, by their respective charters, have been heretofore
incorporated and established at the several places named
herein, be and the same are hereby continued corporations,
for the purposes of banking, until the first day of January,
which shall be in the year one thousand eight hundred
and seventy-five, notwithstanding any limitation in their
respective charters of incorporation to the contrary, viz. :
The president, directors and company of the Atlas Bank,
in Boston ; the president, directors and company of the
Suffolk Bank, in Boston ; the president, directors and com-
pany of the Market Bank, in Boston; the president, direct-
ors and company of the Mechanics Bank, in Worcester ;
the president, directors and company of the Quinsigamond
Bank, in Worce'ster ; the president, directors and company
of the Concord Bank, in Concord ; the president, directors
and company of the Merrimack Bank, in Haverhill ; the
president, directors and company of the Randolph Bank, in
Randolph ; the president, directors and company of the
Mechanics Bank, in Newbnryport ; the president, directors
and company of the Charles River Bank, in Cambridge ;
the president, directors and company of the Dorchester and
Milton Bank, in Dorchester ; the president, directors and
company of the Ocean Bank, in Newburyport ; the presi-
dent, directors and company of the Mahaiwe Bank, in Great
Barrington ; the president, directors and company of the
Andover Bank, in Andover ; the president, directors and
company of the Cabot Bank, in Chicopee ; the president,
directors and company of the Machinists Bank, in Taun-
ton.
53
410
1850.
-Chap. 210—211,
Liabilities, >kc.
Corporations,
when not en-
titled to the ben-
efits of this act.
Extent of bank
commissioners'
powers.
Chap 211.
Corporators.
In Boston.
Purpose.
Powers and
duties.
R. S. ch. -li-
neal and per-
sonal estate.
Proviso.
And the said corporations, respectively, shall be entitled
to all the powers and privileges, and shall be subject to all
the duties, liabilities, requirements and restrictions, con-
tained in such acts as are now in force, and to such acts as
may hereafter be passed by the General Court, in relation
to banks and banking.
Sect. 3. If there be, on the part of the stockholders, or
any of them, any remonstrance against the continuance of
any of the said corporations, the said remonstrance shall be
made in writing, to the several cashiers of such banks, on
or before the first day of January, in the year one thousand
eight hundred and fifty-one ; and no one of the said corpo-
rations, whereof persons, so objecting, legally represent one
fourth part of the capital stock, shall be entitled to the
benefit of this act.
Sect. 4. The bank commissioners shall exercise the
same powers over those banks chartered in the year one
thousand eight hundred and forty-nine, and subsequent
thereto, that they do over those whose charters expire in
the year one thousand eight hundred and fifty-one.
Sect. 5. This act shall take effect from and after its
passage. [Approved by the Governor, April 16, 1850.]
An Act to incorporate the Ladies' American Home Education Society
and Temperance Union.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Sarah Hayvvaid, Susan B. Holway, Frances
S'. Kettelle, and Ruth Severance, their associates and suc-
cessors, are hereby made a corporation, by the name of the
Ladies' American Home Education Society and Temperance
Union, to be established in Boston, in the county of Suffolk,
for the purpose of establishing a home and a school to aid
in the support and education of indigent youth ; with all
the powers and privileges, and subject to all the duties,
restrictions and liabilities, set forth in the forty-fourth chap-
ter of the Revised Statutes.
Sect. 2. Said corporation may receive and take by pur-
chase, grant, devise, bequest or donation, any real or per-
sonal property, and hold the same for the purposes afore-
said, and may manage and dispose of the same, according
to their discretion ; provided, that the whole amount of the
real and personal property held and possessed by the said
corporation, shall not exceed in value, at any one time, the
sum of fifty thousand dollars. [Approved by the Governor,
April 16, 1850.]
1850. Chap. 212—214. 411
An Act to amend an Act concerning Poor Debtors. Chflfi 212.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever a notice, such as is mentioned in New notice, in-
, . - , , . . , , r stead of former
the act concerning poor debtors, passed on the ninth clay ol deficient one.
May, in the year eighteen hundred and forty-eight, shall be
insufficient, from defect of form, or from defect in the ser-
vice thereof, a new notice may forthwith be given by the
debtor.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 17, 1850.]
An Act prescribing the Mode of Calling and Warning School District CllClp 213.
Meetings.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Notwithstanding any school district may have, The mode point-
at any regular meeting having an article in the warrant for ch.23*§§46and
that purpose, prescribed the mode of warning all future 47, may be pur-
• r i i- . ■ ^ it ,ji i • i j. sued, nolwith-
meetings of the district, and directed by whom or in what standbg other
manner such meetings shall be called, or made either of modes pre-
o > scribed bv ujc
such regulations, it shall nevertheless be lawful that all district,
school district meetings be hereafter called and warned, in
the manner prescribed by the forty-sixth and forty-seventh
sections of the twenty-third chapter of the Revised Statutes.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 17, 1850.]
An Act to extend the time for locating and constructing the Dorchester CIlO}) 214.
and Milton Extension Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The time fixed for filing the location of the Time to file lo-
railroad, specified in the fourth section of an act entitled omTyear! e"
"an act to incorporate the Dorchester and Milton Exten-
sion Railroad Company," approved on the first day of May,
in the year one thousand eight hundred and forty-nine, is
hereby extended for the term of one year beyond the time
limited in said act.
Sect. 2. The time fixed in said act for constructing and Time for com-
completing said railroad, is also hereby extended for the p6],10 "e°, 0r°*
term of one year beyond the time limited in said act. year.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 17, 1850.]
412
1850.
-Chap. 215—216.
Highway d
srnbed.
Chap 215. An Act to authorize the County Commissioners of Berkshire County to
pay expenses of a certain Highway in Franklin County.
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 county commissioners of Berkshire county are
hereby authorized and empowered to allow, and cause to
be paid, from the treasury of the county of Berkshire, to
the county of Franklin, such portion as they shall deem
just and equitable, of the expense of building any high-
way or county road which may be laid out and ordered
to be built, within three years from the passage of this
act, by the county commissioners of Franklin county,
from the bridge across the Deerfield River, next below
the dwelling-house of Erastus Rice, upon the easterly
side of, and near said river, in said Franklin county, to a
point near the said dwelling-house of Erastus Rice, upon
said easterly side of the Deerfield River, and of a bridge
across said river, at that point ; and the authority of the
county commissioners of the county of Berkshire, is hereby
made as ample in the premises, as if said highway was sit-
uated in said Berkshire county. [Approved by the Gov-
ernor, April 17, 1850.]
1837, ch. 229.
Chap 216. An Act in addition to an Act to preserve the Harbor of Boston, and
to prevent encroachments therein.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs : *
Sect. 1. That part of the line of Fore Point Channel,
in Boston harbor, established by the act of April nine-
teenth, in the year one thousand eight hundred and thirty-
seven, and which is therein described as running from "the
east angle of Wales' wharf, straight to the east corner of
Russia wharf, and thence to the south angle of Fort Hill
wharf, and by the end of the wharf to the east corner
thereof, and thence straight to the south corner of Arch
wharf." is hereby altered, and the line of that part of the
harbor shall hereafter run, and is hereby established as fol-
lows, that is to say, it shall begin at the aforesaid east an-
gle of Wales' wharf, and run straight to the south corner of
said Arch wharf.
Sect. 2. No wharf, pier, building, or incumbrance of
any kind, shall ever hereafter be extended beyond the
said line herein established, into or over the tide water in
said harbor.
Sect. 3. No person shall enlarge any wharf or pier
Portion of the
line altered.
No wharf, &c,
to be extended
beyond the line
herein establish-
ed.
1850. Chap. 216—219. 413
which is now erected on the inner side of said last named Of enlarging
line, further towards the said line than the same now wharves>*rc-.
i • i i i i r ii i i ii now on the inner
stands, or might have been lawfully enlarged or extended, side of said line.
before the passing of this act, without leave first obtained
from the Legislature.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 17, 1850.]
An Act to incorporate the Monument Mills. Chap 217.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Asa C. Russell, Edward P. Woodworth, Lo- Corporators.
ring G. Robbins, their associates and successors, are here-
by made a corporation, by the name of Monument Mills,
for the purpose of manufacturing cotton and woolen goods, Cotton and
or either, in the town of Great Barrington, in the county of wooIfi11 goods.
Berkshire ; with all the powers and privileges, and subject J"n ^0„at Bar"
to all the duties, restrictions and liabilities, set forth in the Powers and du-
thirty-eighth and forty-fourth chapters of the Revised Stat- ^esg ch 38 44
utes.
Sect. 2. Said corporation may, for the purposes afore- Real estate,
said, hold real estate not exceeding in amount fifty thou-
sand dollars, and the whole capital stock shall not exceed Capital stock,
one hundred thousand dollars.
Sect. 3. No shares in the capital stock of said corpora- Value of shares,
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which
shall be first issued.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 18, 1850.]
An Act concerning Taxes assessed on Estates of Insolvent Debtors. Chap 218.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Taxes assessed upon the estates of insolvent debtors, and No taxes, ex-
unpaid at the time of the assignment, other than taxes as- ^ Fredas be
sessed by the Commonwealth, shall not be recovered as preferred,
preferred claims. [Approved by the Governor, April 18,
1850.]
An Act to incorporate the American Paper Folding Company. Chap 219.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. James H. Gray, James Barnes, and Henry W. Corporators.
414
1850.
-Chap. 219—221.
Machines for
folding paper.
Powers and du-
ties.
R. S. ch. 38, 44.
Real estate.
Capital stock.
Proviso as to
value of shares.
Adams, their associates and successors, are hereby made a
corporation, by the name of the American Paper Folding
Company, for the purpose of manufacturing machines for
folding and pressing paper ; and for this purpose shall have
all the powers and privileges, and be subject to all the
duties, liabilities and restrictions, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Sect. 2. Said corporation may hold, for the purposes
aforesaid, real estate not exceeding the amount of twenty
thousand dollars, and the whole capital stock of said corpo-
ration shall not exceed one hundred thousand dollars : pro-
vided, that no shares in the capital stock of said corporation
shall be issued for a less amount, to be actually paid in on
each, than the par value of the shares which shall be first
issued. [Approved by the Governor, April 22, 1850.]
Chap 220. An Act to incorporate the Bennington and Bridgeport Telegraph 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 :
Corporators. Sect. 1. Solomon L. Russell, William E. Braytou, John
Walker, their associates and successors, are hereby made a
corporation, by the name of the Bennington and Bridgeport
Telegraph Company, for the purpose of constructing and
using lines of telegraph within this Commonwealth, with
liberty to connect with other lines of telegraph ; subject to
all the duties, liabilities, and restrictions, set forth in an act
entitled " an act concerning electric telegraph companies
and electric telegraphing," passed on the ninth day of
1849, ch. 93. April, in the year one thousand eight hundred and forty-
nine.
Capital stock. Sect. 2. The capital stock of said company shall not
Value of shares, exceed one hundred thousand dollars, and no shares thereof
shall be issued for a less sum or amount, to be actually paid
in on each, than the par value of the shares which shall be
first issued. [Approved by the Governor, April 22, 1850.]
Chap 221.
Corporators.
Monument on
battle-ground,
at Lexington.
An Act to incorporate the Lexington Monument Association.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Abijah Harrington, Philip Russell, and Wil-
liam Stevens, with their associates and successors, are
hereby made a corporation, by the name of the Lexington
Monument Association, for the purpose of erecting a suita-
ble monument on the battle-ground in the town of Lex-
1850. Chap. 221—223. 415
ington, in the county of Middlesex; with all the powers Powers and du-
and privileges, and subject to all the duties, restrictions ^esg ch 44
and liabilities, set forth in the forty-fourth chapter of the
Revised Statutes, so far as they are applicable to corpora-
tions of this character.
Sect. 2. Said corporation may receive and hold, by gift, Real and per-
grant, or devise, real and personal estate not exceeding in sonal es,alc-
value the sum of twenty thousand dollars : provided, the Proviso.
same be applied exclusively to the erection of a monument,
or to the purchasing, fencing, or ornamenting the grounds
around the same.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 22, 1850.]
An Act to authorize Philip A. Locke and others to build and extend CJlClp 'l^t.
Wharves.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Philip A. Locke, Samuel Leeds, Ebenezer Stevens, John in South Bos-
S. Kimball, and Josiah Dunham, proprietors of flats siiu- ton'
ated on the northerly shore of that part of Boston known
as South Boston, between the lands belonging to the city
of Boston and K street, are hereby authorized to build, ex-
tend, and maintain a wharf or wharves, northerly over said
flats, to a distance not exceeding twelve hundred feet be-
low high-water mark : provided, that five hundred feet of Proviso.
the northerly end of such wharf or wharves, shall be built Proviso.
upon piles ; 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 person, or
which would be comprehended by the true lines of such
flats continued to the main ship channel, and that this act
shall in no wise impair the legal rights of any person what-
ever. [Approved by the Governor, April 22, 1850.]
An Act to authorize Joseph Smith and others to extend their Wharves. (Jhdt) 223.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Joseph Smith, Josiah Dunham, junior, Hugh Montgom- in South Bos
ery, Ebenezer Stevens, and John S. Kimball, proprietors ton-
of flats situated on the northerly shore of that part of Bos-
ton known as South Boston, and lying between the lands
owned by the city of Boston and O street, are hereby au-
thorized to build, extend, and maintain a wharf or wharves,
northerly over said flats to a distance not exceeding twelve
■416
1850.-
-Chap. 223—225.
Proviso.
Proviso.
hundred feet below high-water mark : provided, that four
hundred feet of the northerly end of such wharf or wharves
shall be built upon piles ; and provided, also, that this grant
shall not be construed to extend to any flats or land of this
Commonwealth lying in front of the flats of any other per-
son, or which would be comprehended by the true lines of
such flats continued to the main ship channel ; and that
this act shall in no wise impair the legal rights of any per-
son whatever. [Approved by the Governor, April 22, 1850.]
Chlip 224. An Act to change the Name of the Haverhill Health Insurance Company,
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 folloivs :
Sect. 1. The Haverhill Health Insurance Company
may take the name of the American Health Insurance
Company.
Sect. 2. Said company may assure to the holders of
its policies an allowance in money, for the time during
which they shall be unable to transact business, or labor in
their accustomed vocation, in consequence of personal inju-
ry resulting from accident or otherwise.
Sect. 3. The holder of any policy issued by this com-
pany shall be entitled to receive the amount that may be-
come payable on such policy, for his own benefit and that
of his family, and the same shall not be liable to attach-
ment or execution for any debt due from him.
Sect. 4. So much of the first section of the act en-
titled "an act to incorporate the Haverhill Health Insur-
ance Company," passed on the tenth day of May, in the
year one thousand eight hundred and forty-eight, as requires
that the terms and conditions of its policies shall be ap-
proved by the governor and council, is hereby repealed.
[Approved by the Governor, April 23, 1850.]
1848, ch. 302.
i\Tew name.
Insurance on
account of per
sonal injuries.
Benefits not lia-
ble to attach-
ment or execu-
tion.
Proviso in 1848.
ch. 302, §1,
repealed.
Chap 225,
1847, ch. 115.
May insure
otherwise than
on the mutual
principle, on
conditions
specified.
An Act in addition to an Act to incorporate the People's Mutual Fire In-
surance Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. On receiving from the subscribers thereto a
guarantee capital of fifty thousand dollars, which shall be
paid in within two years from the passage of this act, the
People's Mutual Fire Insurance Company, established at
Worcester, may make insurance against fire and against
maritime losses, otherwise than on the mutual principle,
1850. Chap. 225—227. 417
with all the powers and privileges, and subject to all the rowers and
duties, liabilities and restrictions, set forth in the thirty- ^s!'^ ^
seventh chapter of the Revised Statutes, and in all subse- andsubse- '
qucnt acts relating to insurance companies. quen statutC!>-
Sect. 2. Said company may increase its guarantee capi- Guarantee capi-
tal to an amount not exceeding one hundred thousand dol- 1^.™^°
lars, at any time within three years from the passage of
this act ; and may hold real estate, not exceeding in value Real estate.
twenty thousand dollars, excepting such as may be taken
for debt or held as collateral security for money due said
company. [Approved by the Governor, April 23, 1850.]
An Act in addition to an Act authorizing a Highway across East Harbor Chap 226.
in Truro.
BE it enacted by the Senate and House of Representa- 1849>ch- 102-
tives, in General Court assembled, and by the authority of
the same, as folloios :
The provisos contained in the act authorizing a highway Provisos in the
across East Harbor in Truro, passed on the thirteenth day °e!|'aiedaCt
of April, one thousand eight hundred and forty-nine, are
hereby repealed. [Approved by the Governor, April 23,
1850.]
An Act to incorporate South Hadley Falls Bridge Company. ChiW 2*^7
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Alonzo Bardwell, Charles Peck, and James H. Corporators.
Clapp, and their associates and successors, are hereby made
a corporation, by the name of South Hadley Falls Bridge
Company, with all the powers and privileges, and subject Powers and
to all the duties, liabilities and restrictions, set forth in the Rutgs'ch 44
forty-fourth chapter of the Revised Statutes.
Sect. 2. The said corporation is hereby authorized and Location.
empowered to erect a bridge over Connecticut River, be-
tween the towns of South Hadley and Hoi yoke, between
Chapin's brick store on the north side, and the west line
of Bridge street, as laid out by Hadley Falls Company, on
the south side of the river and the Swing ferry, and to Real and per-
purchase and hold such real and personal estate as may be sonal eslate-
proper for that purpose, not exceeding in value the sum of
seventy thousand dollars : provided, that no shares in the \"a!uc of shares.
capital stock of said corporation shall be issued for a less
sum or amount, to be actually paid in on each, than the
par value of the shares which shall be first issued. And Bridge, how
said bridge shall be well built, of suitable materials, at least C0»s,ri,cle<1-
twenty-six feet wide, and floored with planks, with suffi-
54
418
1850.
-Chap. 227.
Toll.
I'olls to be
taken lor 60
years.
Sijrn board.
Rates of toll
may be com-
muted.
Return of ex-
penditures, &.C.,
to the secretary
of state.
Legislature
may regulate
tolls.
Bridge to be
finished in five
years.
cient railings on each side, and shall be kept in good repair
at all times.
Sect. 3. A toll is hereby granted to said corporation,
and established at the following rates, viz : — For each foot
passenger, two cents ; for each horse and rider, six cents ;
for each gig, sulkey, buggy wagon, or sleigh, without top,
drawn by one horse, ten cents ; for each chaise, cab, carry-
all, covered buggy, or sleigh, drawn by one horse, twelve
and a half cents ; for each coach, chariot, phaeton, omni-
bus, or covered sleigh, drawn by two horses, twenty-five
cents ; and for each additional horse, four cents ; for each
cart, wagon, sled, sleigh, or other carriage of burden, drawn
iby one beast, ten cents ; if drawn by two beasts, fifteen
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 of toll.
Sect. 4. The said tolls shall commence on the day of
the opening of said bridge for public use, and continue for
the term of sixty years thereafter ; and, at the place of
receiving said tolls, there shall be constantly exposed to
view a sign-board, with the said rates of toll fairly and
legibly painted or printed thereon.
Sect. 5. The said corporation may, if it see cause,
commute said rates of toll, with any person or persons, by
taking 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 are above specified, public notice of
their intention so to do being first published three weeks,
successively, in some newspaper printed in the county of
Hampshire or Hampden.
Sect. 6. The said corporation, at the time of opening
said bridge, or as soon as may be thereafter, shall cause a
true account of the expenses of building the same, 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.
Sect. 7. The Legislature may, at any time hereafter,
regulate the tolls on said bridge, as they may deem expe-
dient, upon reasonable notice to said corporation.
Sect. 8. If said corporation shall neglect, for the space
of five years from the passing of this act, to build and
finish the said bridge, then this act shall be of no effect.
Sect. 9. This act shall take effect from and after its
passage. [Approved by the Governor, April 24, 1850.]
1850. Chap. 228—230. 419
An Act to incorporate the Lowell Museum. Chat) 228.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. N. F. Gates, F. A. Hildreth, and Amos B. Corporators.
French, their associates and successors, are hereby made a
corporation, by the name of the Lowell Museum, for the
purpose of establishing, in the city of Lowell, a museum
of natural and artificial curiosities, subject to all the duties, Powers and
liabilities and restrictions, set forth in the forty-fourth and r. s.%h. 44,58.
fifty-eighth chapters of the Revised Statutes.
Sect. 2. Said corporation may hold real estate, neces- Real estate,
sary and convenient for the purpose aforesaid, not exceed-
ing in amount forty thousand dollars, and the capital stock Capital stock.
shall not exceed sixty thousand dollars.
Sect. 3. No shares in the capital stock of said corpora- Value of shares.
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which
shall be first issued.
Sect. 4. No intoxicating licmors shall be sold, or kept Of intoxicating-
for sale, in any part of the premises belonging to the cor- iquo,s-
poration, upon penalty of forfeiture of this act. [Approved
by the Governor, April 24, 1850.]
An Act requiring Physiology and Hygiene to he taught in the Public Chap 229.
Schools.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Physiology and hygiene shall hereafter be
taught in all the public schools of this Commonwealth, in
all cases in which the school committee shall deem it ex-
pedient.
Sect. 2. All school teachers shall hereafter be exam- Teachers to-be
ined in their knowledge of the elementary principles of physiology and
physiology and hygiene, and their ability to give instruc- hygiene,
tions in the same.
Sect. 3. This act shall take effect on and after the Actio take
first day of October, one thousand eight hundred fifty-one. 1351.
[Approved by the Governor, April 24, 1850.]
An Act to establish the Compensation of the Messengers, Doorkeepers, Chap 230.
and Pages.
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 compensation of each of the doorkeepers and mes- Messengers and
sengers of the senate and the house of representatives, Perday.pW
420
1850.
-Chap. 230—231.
and the assistant messenger to the governor and council,
rages, $i 50. shall be two dollars per day ; and the compensation of
each of the pages of the senate and house of representa-
tives, shall be one dollar and fifty cents per day, for each
and every day they may respectively be employed in said
several capacities. [Approved by the Governor, April 24,
1850.]
CAqp 231.
Corporators.
Towers and
duties.
II. S. cb. U.
Location.
ileal estate.
Proviso as to
value of shares
Compensation
to persons
whose estate
may be taken.
Damages, how
estimated.
Draw.
An Act to incorporate the Proprietors of the Cambridge and Brookline
Bridge.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Sidney Willard, Edmund T. Hastings, Colum-
bus Tyler, and David R. Griggs, their associates, succes-
sors and assigns, are hereby made a corporation, by the
name of the Proprietors of the Cambridge and Brookline
Bridge, with all the powers and privileges, and subject to
all the duties, restrictions and liabilities, set forth in the
forty-fourth chapter of the Revised Statutes.
Sect. 2. The said corporation is hereby authorized and
empowered to erect a pile bridge over the Charles River,
between the city of Cambridge and the town of Brook-
line, from points at or near the old wharf or embankment,
which is near where the Boston and Worcester Railroad
passes under a bridge on the Western Avenue, (so called,)
to the opposite bank of the river in Cambridge, and to take
and hold such real estate as may be needful for the same,
not exceeding in value the sum of forty thousand dollars :
provided, that no shares in the capital stock of said corpo-
ration shall be issued for a less sum or amount, to be actu-
ally paid in on each, than the par value of the shares which
shall be first issued.
Sect. 3. The said corporation shall be holden to make
compensation to any person or corporation whose real estate
shall be taken for the uses aforesaid ; and if there shall be
a difference of opinion as to the value of the same, either
party may apply to the county commissioners, within and
for the county where such real estate lies, to estimate the
damage such person or corporation may sustain, whereupon
the same proceedings shall be had, in respect of damages
and costs, and trial by jury, as are provided by the twenty-
fourth chapter of the Revised Statutes, concerning town
ways and private ways.
Sect. 4. The said proprietors shall make and maintain,
at their own expense, a suitable draw and passage way for
vessels, with a suitable leaf or leaves, and every requisite
1850. Chap. 231. 421
for raising the same, and shall also construct such pier or
piers, on either or both sides of said bridge, as may be
necessary to secure said bridge and facilitate the passage of
vessels through the same, all to the acceptance of the county
commissioners of the county of Middlesex.
Sect. 5. Said corporation shall be held liable to keep Vessels to be
said bridge and draw in good repair, and to raise the draw accommodated
rr i i i • day and night.
and afford all necessary and proper accommodation to ves-
sels having occasion to pass the same, by day and night, at
the proper cost of said corporation.
Sect. 6. A toll is hereby established and granted to Toll,
said proprietors at the following rates, viz : — For each foot
passenger, one cent ; for each horse and rider, gig, sulkey,
buggy wagon, chaise, carryall, or covered buggy, five cents ;
for each coach, chariot, or phaeton, drawn by two horses,
ten cents, and for each additional horse, four cents ; for
each cart, wagon, sled, and other carriage of burden, and
for each sleigh, drawn by one horse, five cents, and for
each additional horse, or other beast, three cents ; for each
horse, without a rider, three cents ; for neat cattle and
mules, two cents each ; for sheep and swine, one cent each ;
and all persons who shall have occasion to pass said bridge
in the performance of military duty, with their necessary
horses and carriages, shall pass free from toll.
Sect. 7. The said toll shall commence on the day of For fifty years.
the opening of said bridge, and continue for the term of
fifty years thereafter ; and, at the place of receiving said
tolls, there shall be constantly exposed to view, a sign Signboard.
board, with said rates of toll fairly and legibly painted
thereon.
Sect. 8. The said corporation, at the time of opening Return of ex-
said bridge, or as soon as may be thereafter, shall cause a f0ebe'made to°
true account of the expenses of building the said bridge, secretary of
and also, at the end of every three years thereafter, a true
account of all receipts and disbursements on account there-
of, to be returned into the office of the secretary of the Com-
monwealth.
Sect. 9. The said corporation is authorized to com- Rates of toll,
mute said rates of toll with any person or persons, by tak- how commute( ■
ing 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.
Sect. 10. The Legislature may, at any time hereafter, Reserved pow-
regulate the tolls on said bridge, or alter, amend, or repeal e™rcof Le&,sla"
this charter.
Sect. 11. If the said corporation shall neglect, for the Bridge to be
space of four years from the passing of this act, to build years'" °ur
422
1850.-
-Chap. 231—233.
Chap 232.
"' Intoxicating
instead of
■' spirituous."
Licenses to sell
for mechanical
and medicinal
purposes only.
Penalties for
selling contrary
to law.
Chap 233.
1844, ch. 134.
Proceedings in
relation to
mortgage of
their property
confirmed.
said bridge, then this act shall be of no effect. [Approved
by the Governor, April 25, 1850.]
An Act for regulating the Sale of Intoxicating Drinks.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The forty-seventh chapter of the Revised
Statutes is hereby amended in the first, second, and third
sections thereof, by striking out the word " spirituous"
wherever it may occur in each, and inserting in place of
the same, the word "intoxicating."
Sect. 2. The county commissioners in the several coun-
ties, upon the recommendation of the selectmen of the
towns in which such persons may reside, and the mayor
and aldermen of the several cities, may authorize by license,
for a period of time not exceeding one year, and revoca-
ble at their pleasure, as many persons as they shall think
the public good may require, to sell, in the towns or cities
where they reside, intoxicating liquors in a less quantity
than twenty-eight gallons, and that delivered and carried
away all at one time, for mechanical and medicinal pur-
poses only.
Sect. 3. Any person convicted of selling intoxicating
liquors of any kind contrary to law, shall, on the third
conviction, be required to enter into recognizance, with
sufficient sureties, in a sum of not less than one hundred
nor more than one thousand dollars, with the condition
that the sum shall be forfeited to the use of the Common-
wealth, if the person so convicted shall fail to keep the
peace for one year, or shall, within one year from such
conviction, violate any law of the Commonwealth regulat-
ing the sale of intoxicating liquors. [Approved by the Gov-
ernor, April 25, 1850.]
An Act concerning the Vermont and Massachusetts Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The proceedings of the Vermont and Massachusetts Rail-
road Company, whereby they conveyed, agreeably to a
vote of the stockholders, passed on the twenty-ninth day
of June, eighteen hundred and forty-nine, their said railroad
and property, in mortgage, to John Davis, Robert G. Shaw,
and Jabez C. Howe, trustees for the bondholders in said
mortgage mentioned, to secure the holders of said bonds
the payment of the same, are hereby ratified and confirmed.
[Approved by the Governor, April 25, 1850.]
1850. Chap. 234. 423
An Act to incorporate the People's Mutual Health Assurance Company. Chan 234
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. John Mills, William B. Calhoun, George W. Corporators.
Rice, their associates and successors, are hereby made a
corporation, by the name of the People's Mutual Health
Assurance Company, in the town of Springfield, for the in Springfield,
purpose of making insurance on health, with all the powers Powers and
and privileges, and subject to all the duties, liabilities, and RlgS'ch u
restrictions, set forth in the forty-fourth chapter of the Re-
vised Statutes.
Sect. 2. There shall be an original guaranty capital Guaranty fund
stock subscribed to said corporation, which shall be five of #5>ooa
thousand dollars, to be divided into shares by said corpora-
tion, half of which shall be paid in, in money, before the
said corporation shall go into operation for the purpose of
making insurance ; the other half of said stock may be
called for by the directors, from time to time, when they
deem it necessary or expedient, and shall be paid in by
the holders of the stock, which shall always stand pledged
to the corporation for all such assessments so called for.
Sect. 3. At the first meeting of the corporation a num- Directors, how
ber of directors, not less than twelve, shall be chosen by c osen'
the subscribers to the guaranty stock, who shall hold their
offices for one year, and until others are chosen in their
stead. At all subsequent elections of directors, the number
shall be such as may be provided for by a previous vote of
the directors or by-law of the corporation ; and, in case of
no provision on. this subject, the number shall be the same
as at the first election, one half of whom shall be elected who may be
by the stockholders and the other half by the assured, vot- directors-
ing in separate bodies ; the directors shall all be either
stockholders or assured, and on ceasing to be such shall
cease to hold said office.
Sect. 4. Whenever the net surplus receipts of the cor- stockholders
poration, over losses and expenses, and after providing for ^r cent!" when.
risks, shall be sufficient for the purpose, the stockholders
shall be entitled to an annual dividend of six per centum ;
and in case of such dividend not being paid in any one
year, it shall be made good at a subsequent period, when
the net resources of the company shall be sufficient for
paying the same.
Sect. 5. After providing for risks, losses, incidental ex- Guaranty stock,,
penses, and the dividend aforesaid, the directors shall annu- ^med'0 r°
ally set apart not less than one third of the estimated
surplus funds and receipts, as a reserved fund, to be applied
424 1850. Chap. 234—235.
to the redemption of the guaranty stock ; and whenever,
after the expiration of five years from the time of organiz-
ing the company, the amount of such reserved fund shall
be sufficient for the purpose, and the assured shall vote to
redeem the guaranty stock, the same shall be redeemed.
When directors Sect. 6. Upon the redemption and extinguishment of
by thea assured" the guaranty stock, under the provision in the fifth section,
the directors shall be chosen by the assured,
insurance for Sect. 7. Said company may assure to the holders of
riesS°&c. "JU its policies an allowance in money, for the time during
which they shall be unable to transact business, or labor in
their accustomed vocation, in consequence of personal in-
jury resulting from accident or otherwise.
Benefits not Sect. 8. The holder of any policy issued by this com-
m*nteor^ecS-" PanY sha11 be entitled to receive the amount that may
'ion. become payable on such policy, for his own benefit and
that of his family ; and the same shall not be liable to
attachment or execution for any debt due from him. [Ap-
proved by the Governor, April 25, 1850.]
Chat) 235 ^n ^CT a^ow^n& Fees to Judges of Probate.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
For hearing Sect. 1. There shall be allowed to each judge of pro-
appheations for bate for receiving, hearing and determining every applica-
commitment to . ' i • i • • c
the Lunatic tion, or complaint, made to him for the commitment of a
Hospital. lunatic to the State Lunatic Hospital, a fee of two dollars,
to be paid out of the treasury of the county of which he
is judge ; and the judges of probate shall present their
accounts, for all such fees, to the county commissioners
for their respective counties, as often as once in each year,
and such commissioners shall audit and allow the same, if
found to be correct, whereupon the same shall be paid by
the treasurer of the respective counties.
Fee of judge in Sect. 2. There shall be allowed to the judges of pro-
Worcester bate, for the county of Worcester, for receiving, hearing,
county for dis- ' .. J . ' » r
charge of luna- and determining an application for the discharge ot any
tics- lunatic from the State Lunatic Hospital, under the provis-
ions of the one hundred and forty-ninth chapter of the
statutes of the year eighteen hundred and thirty-nine, a
fee of two dollars, to be paid by the town or person making
such application. [Approved by the Governor, April 25,
1850.]
1850. Chap. 236—237. 425
An Act to establish the Office of Assistant Clerk of the Courts in the CJl(ll) 236.
County of Worcester. '
BE it enacted by the Senate and House of Representa-
tives, hi General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The justices of the supreme judicial court Assistant to be
may, from time to time, appoint some suitable person to f^jfces !s .I.e.
act as assistant clerk of the courts for the county of Wor- for term of two
cester, who shall hold his office for two years from the time Jcaib'
of his appointment, and give bond, be sworn, and be sub- Bond, oath, &e.
ject to removal, in like manner as is by law provided in
regard to the clerk of said courts, and shall perform his
duties under the direction of said clerk, and shall pay over
to the clerk all fees and sums received by him as such
assistant, to be accounted for according to law. and shall
receive for his services such sum, not exceeding eight him- Compensation.
dred dollars a year, as said justices shall direct to be retained
and paid to him by the clerk from the residue of fees which
he is now required to pay to the county treasurer.
Sect. 2. Such assistant clerk may authenticate papers Duties.
and perform such other duties of the clerk as shall not be
performed by him : and in case of the absence, neglect, re-
moval, resignation or death of the clerk, may, ex officio, act
as clerk of any of said courts, and complete and attest any
records remaining unfinished, and act as clerk until a new
clerk is appointed and qualified.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 26, 1850. J
An Act in addition to an Act to incorporate the Worcester Gas Light CJlCltt 237.
Company.
. Ante ch °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 :
Sect. 1. So much of the act to which this is in addi- Repeal of parts
tion, as is contained in the first section thereof, after the
words "thirty-eighth and forty-fourth chapters of the Revised
Statutes," and also so much as is contained in the fifth
section thereof, be and the same is hereby repealed.
Sect. 2. The said corporation shall make such exten- Extension of
sion of their pipes, and furnish the gas in such quantities, jjjJjjf-of^L1*'5"
as the city council may from time to time direct ; provided, council.
the city council shall guarantee to said company a profit of Pr0lis0-
six per cent, per annum on such extension. The rates of
charges to the city and the inhabitants, shall not exceed
the rates that may be charged for gas of similar kind and
55
426
1850.-
-Chap. 237—239.
quality, in either of the cities of Boston, New York, or
Baltimore.
Sect. 3. This act shall take effect on and after its
passage. [Approved by the Governor, April 26, 1850.]
Chap 238.
1838, ch. 99.
Contract con-
firmed.
Line of road
may be altered
so as to join
the Ashuelot
railroad.
Proviso.
When to be
constructed.
An Act authorizing the Connecticut River Railroad Company to take a
lease of the Ashuelot Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Connecticut River Railroad Company are
hereby authorized and empowered to contract with the
Ashuelot Railroad Company, a body corporate in the state
of New Hampshire, under the provisions and for the pur-
poses set forth in the first and second sections of an act
passed in the year one thousand eight hundred and thirty-
eight, entitled " an act authorizing railroad corporations to
make certain contracts ;" and any contract already made and
subsisting between the said parties is hereby sanctioned, so
far as the same is agreeable to the provisions of the act
aforesaid.
Sect. 2. The said Connecticut River Railroad Compa-
ny may locate, construct and use their railroad, crossing at
grade the railroad of the Vermont and Massachusetts Rail-
road Company in the town of Northfield, diverging from
their present line at such a point, and crossing the said
Vermont and Massachusetts Railroad in such a manner, as
may be most convenient to form a junction with the rail-
road of the said Ashuelot Railroad Company ; the company
thus constructing their road, as aforesaid, to incur all the
expense of said construction across the said Vermont and
Massachusetts Railroad, and of keeping the same in repair ;
provided, that a map of the location of the new road au-
thorized by this act shall be filed with the county commis-
sioners for the county of Franklin, and the said road shall
be constructed within one year from the passage of this
act.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 26, 1850.]
Chap 239.
Of payment of
money award-
ed.
An Act concerning the Partition of Lands owned by several Persons.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
In all cases of the partition of lands, under the provisions
of the one hundred and third chapter of the Revised Stat-
utes, where sums of money are awarded by the commis-
1850. Chap. 239—240. 427
sioners to make the partition just and equal, the partition
shall not be established by the court, until all the sums so
awarded shall be paid to the parties entitled thereto, or
secured to their satisfaction, or that of the court before
which the matter is pending. [Approved by the Governor.
April 26, 1850.]
An Act to incorporate the Wilmington Branch Railroad Company. Chop 240.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Samuel Jaques, Edward Crane, Asa G. Sheldon, corporators.
and James Jaques, their associates and successors, are here-
by made a corporation, by the name of the Wilmington
Branch Railroad Company, with all the powers and priv- Powers and
ileges, and subject to all the duties, restrictions and liabili- i£s.Sch.39 44.
ties, set forth in the forty-fourth chapter of the Revised
Statutes, and in that part of the thirty-ninth chapter of the
said Revised Statutes relating to railroad corporations.
Sect. 2. Said corporation may construct and maintain Ro,!lc ofroad-
a railroad upon the following route : beginning at some
convenient point on the Boston and Maine Railroad, in the
town of Reading, and between the thirteenth and fifteenth
mile-posts of said Boston and Maine Railroad, and contin-
uing thence, in said town of Reading and the town of Wil-
mington, to a convenient point of intersection with the
Boston and Lowell Railroad, at or near the way-station of
said Boston and Lowell Railroad, in the village of Wil-
mington : provided, the point of union of the road hereby Proviso.
chartered, with the Boston and Maine Railroad, may be in
the town of Wilmington, and the whole of the said road,
hereby chartered, be located in Wilmington, if, on further
examination, it shall be deemed advisable, and the Boston
and Lowell Railroad Corporation shall consent thereto.
Sect. 3. The capital stock of said railroad company Capital stock,
shall consist of not more than three hundred shares, the
number whereof shall be determined 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 company may purchase and hold such real estate, Real estate,
materials, engines, cars, and other things, as may be neces-
sary for depots, for the use of said road, and for the trans-
portation of passengers and merchandise.
Sect. 4. The Legislature may, after the expiration of Tolls>&c • n':,>
four years from the time when said railroad shall be opened fourVears.
for use, from time to time, alter or reduce the rate of tolls,
or other profits, upon said road ; but the said income shall
428 1850. Chap. 240.
not, without the consent of said corporation, be so reduced
as to yield less than ten per cent, per annum to the stock-
holders.
May enter upon Sect. 5. Said company may enter, with their railroad,
other railro3os. ■*■
by proper turnouts and switches, upon the Boston and
Lowell Railroad, at Wilmington, and upon the Boston and
Maine Railroad, at Reading, and may use the same, or any
part thereof, paying therefor such rate of toll as may be
agreed upon, or as the Legislature shall establish, and com-
plying with such reasonable regulations as may be estab-
lished by the Boston and Lowell or Boston and Maine
Proviso. Railroad Company : provided, that the corporation hereby
created shall not enter upon said railroads, with any mo-
tive power, unless the said railroad companies shall refuse
to draw over their roads, or any part thereof, the cars of
the corporation hereby established.
Though tickets Sect. 6. No through tickets shall be sold between any
point on the Boston and Lowell Railroad, and any point
on the South Reading Branch Railroad, east of the village
of South Reading, by the railroad corporation hereby cre-
ated, or by any corporation or individuals who may use
the railroad hereby created, or by any person with the con-
Cars and en- sent of the corporation hereby created. And no cars or
points forbid- engines shall be permitted to pass to or from any point on
i,en- the South Reading Branch Railroad, lying easterly of the
village of South Reading, over the railroad hereby char-
tered, or over any part of the Boston and Maine Railroad,
north of the said village of South Reading ; and the su-
preme judicial court of this Commonwealth shall have
power to restrain, by injunction, any attempt, directly or
indirectly, to evade the restrictions contained in this sec-
fajunctions by t\on. \\\ such injunctions may be granted by any justice
of the supreme judicial court, according to the ordinary
course of proceeding in courts of equity.
Location filed. Sect. 7. If the said company shall not, within one
year, file a location of their route in the manner prescribed
Completion of by law, or if said railroad shall not be completed within
two years from the passage of this act, then this act shall
be void.
Value of shares. Sect. S. No shares in the capital stock of said corpora-
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which shall
be first issued. [Approved by the Governor, April 26,
1850.J '"..:
1850. Chap. 241. 429
An Act to facilitate the Settlement of Trust Estates. C/lCfD 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 :
Sect. 1. Whenever it shall appear, upon petition or in case of con-
otherwise, to the judge of probate of the county where let- ofyreaUsteiem
ters testamentary, or letters of administration, have been 'his state, for
granted on the estate of any person deceased, that such de- it0"s_ trustees'1
ceased person, in his life time, made any conveyance of account, how
settled and trusi
real estate in this Commonwealth in trust, for the benefit discharged.
of his creditors, and the trustee shall certify that all the
debts secured thereby, (due to other persons than himself,)
have been paid, or otherwise adjusted, to the satisfaction of
the said creditors, so far as known, and that he is desirous
to settle his trust account, and to terminate the trust, said Hearing; before
judge of probate is hereby authorized to appoint a time and batlf ° pr°
place for a hearing of all persons interested therein, notice Notice.
of which shall be given, by causing an advertisement there-
of to be published in some newspaper printed in said coun-
ty, if any newspaper is there printed, or otherwise, as said
judge may order: and if, upon such hearing, no good and Powers of
sufficient reason shall be shown to the contrary, said judge JU ge'
may terminate such trust, so far as the said creditors and
all persons claiming under them may be concerned, and
forever discharge such real estate therefrom. And he may
settle, also, the trust account, and make such further order,
as to the disposition, distribution, or partition of the trust
estate remaining, as may not be inconsistent with the pro-
visions contained in the original instrument of conveyance
or assignment creating the trust, as to the surplus, or resi-
due, and remainder of such trust estate.
Sect. 2. Any person, aggrieved by any order, doings, Appeal to
decree or denial of said judge in the premises, may appeal SJC-
therefrom to the supreme court, to be held within and for
the same county, in the same manner, and within the same
time, and subject to all the limitations, conditions and pro-
visions as are provided in the thirty-fourth, thirty- fifth,
thirty-sixth, thirty-seventh, forty-fourth, forty-fifth, forty-
sixth, forty-seventh, and forty-eighth sections of the eighty-
third chapter of the Revised Statutes ; and each of said
courts, respectively, may have and exercise all the powers
thereby granted.
Sect. 3. This act shall not apply to any case where Not to apply to
the instrument creating said trust shall not bear date more within she years
than six years previous to the time appointed for said hear- ^/to affect"g'
ing. Nor shall it in any way affect the operation of any insolvent laws,
insolvent laws in this Commonwealth.
430
1850.-
-Chap. 241—243.
184.9. ch. 228.
Name changed.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 26, 1850.]
(J flap 242. An Act in addition to an Act to incorporate the South Bay Mill Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloxos :
Sect. 1. From and after the passage of this act, the
corporate name of the South Bay Mill Company shall be
changed, and the said corporation shall be known and
called by the name of the Wood Carving and Manufactur-
ing Company, any thing in the act incorporating the same
to the contrary notwithstanding.
Sect. 2. The said company are hereby authorized and
empowered to carry on their business in the town of Mai-
den, in the county of Middlesex. [Approved by the Gov-
ernor, April 29, 1850.]
In Maiden.
Chap 243.
Certain lands in
Auburn to be-
long to that
town,
for all legal
purposes.
Of taxes, here-
after.
Of taxes, here-
tofore.
An Act relating to certain Lands and Personal Estates, in the Town of
Auburn, and the owners thereof.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. All lands within the limits of the town of Au-
burn, in the county of Worcester, which, by the provisions
of the act incorporating said town with the original name
of Ward, are hoav, for certain legal purposes, accounted parts
of Worcester, Millbury, and Oxford, shall, after this act
takes effect, be and the same hereby are, for all legal pur-
poses, declared to be parts of the said town of Auburn, and
exempt from all legal liabilities in and to the said towns
of Worcester, Millbury, and Oxford.
Sect. 2. The taxes on polls and personal estates of per-
sons having estate or interest in said lands, which, by the
provisions of said act of incorporation, are now assessable
in Worcester, Millbury, and Oxford, shall, after this act
takes effect, be assessable and assessed in the said town of
Auburn.
Sect. 3. All taxes heretofore legally assessed by the
said towns of Worcester, Millbury, and Oxford, on the per-
sons, lands, and other estates, referred to in the foregoing
sections, shall be paid to said towns which have severally
assessed the same, and said persons, lands, and other es-
tates, shall continue liable therefor, to the same extent they
are now liable for the same, notwithstanding anything in
this act contained.
Sect. 4. Any persons having heretofore gained a legal
1850. Chap. 2-43—245. 431
settlement in said towns of Worcester, Millbury, and Ox- Of settlement
ford, by reason of residence on the lands referred to in the ™[!pscu£porl °'
foregoing section, or by having been proprietors thereof, or
who may derive such settlement from any such resident or
proprietor, who shall come to want, and stand in need of
relief and support, shall be relieved and supported by the
said town of Auburn, in the same manner as if they had
gained a legal settlement in the said town of Auburn.
Sect. 5. This act shall take effect from and after its
approval. [Approved by the Governor, April 29, 1850.]
An Act concerning the Probate Court in the County of Franklin. CllClp 244.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. There shall be a probate court holden at Or- Term estabiish-
ange, in the county of Franklin, on the last Tuesday of cd at °ia"Sc-
April and the third Tuesday of September ; and at North- —at Nonhfieid.
field, in said county, on the Wednesdays next after the last
Tuesday of April and the third Tuesday in September, in
each year.
Sect. 2. All processes and matters, returnable to the Of processes re-
courts at Wendell, on the last Tuesday of April and third Wendell and
Tuesday of September, may be acted upon at the courts Warwick,
holden at Orange, as aforesaid ; and all processes and mat-
ters, returnable to the courts at Warwick, on the Wednes-
day next after the last Tuesday of April and third Tuesday
of September, may be acted upon at the court at Northfield
as aforesaid.
Sect. 3. There shall be a probate court holden at Locks Term estabiish-
Village, in Shutesbury, in said county of Franklin, on the vii^ge.00 S
Friday next after the last Tuesday of April, and the Fri-
day next after the third Tuesday of September, in each
year.
Sect. 4. All acts, providing for holding probate courts
in Warwick and Wendell, are hereby repealed.
Sect. 5. This act shall take effect from and after its
passage. [Approved by the Governor, April 29, 1850.]
An Act in relation to Dogs. Ch(ip 245.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The city council of any city in this Commonwealth may power of city
make all such by-laws concerning the licensing, regulating, cc™"s% ',"e
and restraining of dogs, and may affix such penalties for same as towns,
any breach thereof, as the inhabitants of towns are author- <"0gsfar
432
1850.
-Chap. 245—247.
It. S. ch. 58,
$10.
izcd to make and affix, by the tenth section of the fifty-
eighth chapter of the Revised Statutes. [Approved by the
Governor, April 29, 1850.]
In South Bos-
ton.
1840, ch. 35.
Chap 246. An Act in addition to "An Act to authorize the Boston Wharf Company
to extend their Wharf."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Boston Wharf Company are hereby au-
thorized to extend and maintain their wharf, in that part of
Boston commonly called South Boston, in the direction in
which it now runs, as follows, to wit : — on the westerly
side thereof, by 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, running from the southerly angle of the
above mentioned line to a point in said line, eleven hun-
dred feet, (instead of fourteen hundred feet, as is provided
in the act to which this is in addition ;) northerly from
said angle, and thence easterly to the easterly line of their
wharf continued, the provision in said last mentioned act,
relating to a creek or channel, to the contrary notwith-
standing ; and said last mentioned act, except as herein
modified, is hereby confirmed : provided, that this grant
shall not be construed to extend to any land or flats of this
Commonwealth lying in front of lands or flats other than
those belonging to said company, or which would be com-
prehended by the true lines of such other lands or flats, ex-
tended northerly as far as the point to which said company
are hereby authorized to construct their wharf: and pro-
vided, also, that this grant shall not impair the legal rights
of any person.
Sect. 2. This act shall not take effect, unless it shall
be accepted by said company within sixty days from the
date of its passage. [Approved by the Governor, April 29,
1850.]
Proviso.
Proviso.
When to take
effect.
Ch(ip 247. An Act to extend the times of Locating and Constructing the Mount
Pleasant Branch Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Time for lo- Sect. 1. The times within which the Mount Pleasant
eating and con- Branch Railroad Company may locate and construct their
tended Sne road, are hereby respectively extended one year beyond
ycar- the times set forth in the act to incorporate the same.
1850. Chap. 247— 249. 438
Skct. 2. This act shall take effect from and after its
passage. [Ajrproved by the Governor, April 29, 1850.]
An Act to authorize Charles B. Sawyer and Stephen M. Allen to erect a Chap 24 *i.
Dam across Bayley's Creek.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Charles B. Sawyer and Stephen M. Allen, of Boston, inCohasset.
owners of water power and tide mills, called Gulf Mills, on
Gulf Stream or Gulf River, so called, in the town of Cohas-
set, their heirs and assigns, are hereby authorized and em-
powered to build a dam, with proper gates, outlets and
sluiceways, across Bayley's Creek, so called, near Cohasset
harbor, for the purpose, and with all the powers and privi-
leges, and subject to all the duties and liabilities, set forth
and contained in an act entitled "an act to authorize 1845, ch. 196
Charles B. Sawyer and Stephen M. Allen to erect a dam
across Bayley's Creek," passed on the twenty-fifth day of
March, in the year of our Lord eighteen hundred and forty-
five. The authority given in this act to build said dam shall Two years,
not extend beyond two years from the time of its enact-
ment. [Approved by the Governor, April 29, 1850.]
An Act concerning Partition of Real Estate. Chap 24 {).
BE it enacted by th& Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The powers, vested in the court of common pleas and incases of re-
supreme judicial court, by the one hundred and third chap- lerest^HmUed'
ter of the Revised Statutes, are hereby extended to cases to persons noi
in which remainders or interests are or may be limited to umeolFapplica
persons not in being at the time of application for such par- l!on for Pe-
tition ; upon notice given to the parents, or parent, if one
only be living, of such persons, in the manner prescribed
by said statute, and setting forth the origin and nature of
the remainder or interests so limited. And it shall be the Powers, &.c, of
duty of the court in such case, to appoint a suitable and $\(.'- p an
Competent person, to appear and act as the next friend of
the persons to whom any such remainder or interest is or
shall be limited, in all proceedings touching such partition ;
the cost of whose appearance and services, including fees
of counsel, to be determined by the court, shall be paid by
the person or persons applying for such partition ; and for
which execution may be issued in the name of the person
appointed as such next friend. [Approved by the Governor,
April 29, 1850.]
56
434
1850.
-Chap. 250—252.
Chap 250. An Act to change the Name of the Bradford Mutual Fire Insurance Com-
pany.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
New name. The Bradford Mutual Fire Insurance Company shall
hereafter be called and known by the name of the Grove-
land Mutual Fire Insurance Company. [Approved by the
Governor, April 29, 1850.]
Chaj) 251,
Corporators.
in Northamp-
ton.
Powers and
duties.
R.S.ch. 38,44.
Real estate-.
Capital stock.
P7-oviso as to
value of shares.
An Act to incorporate the New England Hosiery Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. George W. Benson, S. W. Eldridge, and Sam-
uel L. Hinckley, their associates and successors, are hereby
made a corporation, by the name of the New England
Hosiery Company, for the purpose of manufacturing hosiery
and other articles, by knitting looms, in the town of North-
ampton, in the county of Hampshire, with all the powers
and privileges, and subject to all the duties, restrictions
and liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Sect. 2. Said corporation may, for the purpose afore-
said, hold real estate to the amount of fifty thousand dol-
lars, and the whole capital stock shall not exceed two hun-
dred thousand dollars : provided, that no shares in the capi-
tal stock of said corporation shall be issued for a less amount
than the par value of the shares which shall be first issued.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, April 29, 1850.J
Chap 252.
Additional,
$ 100,000.
Investment.
Proviso as to
value of shares
An Act to increase the Capital Stock of the Boston Sugar Refinery.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as follows :
The Boston Sugar Refinery are hereby authorized to in-
crease their capital stock by an amount not exceeding one
hundred thousand dollars, and to invest such increase in
real and personal estate, necessary and convenient for car-
rying on the business of said corporation : provided, that
no shares in the capital stock of said corporation shall be
issued for a less sum or amount, to be actually paid in on
each, than the par value of the shares which shall be first
issued. [Approved by the Governor, April 29, 1850.]
1850. Chap. 253. 435
An Act to change the Names of the Persons therein mentioned. ChflW 25 3
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Richard Howes may take the name of Richard Arthur in Suffolk.
Howes; Caroline Elizabeth Pierce, a minor, may take the
name of Ella Pierce ; Henry Dennie may take the name of
Charles Henry Dennie ; Joshua Chandler may take the
name of Joshua Herbert Chandler ; Charles Henry Brown
may take the name of Ariel Brown ; William Churchill
may take the name of William B. Churchill ; Almira
Georgiana Murphy and William Henry Harrison Murphy,
minors, may take the names of Almira Georgiana Vose.
and William Henry Harrison Vose ; Peter Jest may take
the name of Frederick Adolphus Miller ; Daniel and Jo-
seph Trickey may severally take the names of Daniel
Warren and Joseph Warren ; Edward Perry Twitchell may
take the name of Edward Twitchell Perry ; Priscilla Ward
Blake may take the name of Ella Blake ; Caroline D. Jack-
son may take the name of Caroline D. Waldron ; Samuel
Smith Tuckerman may take the name of Samuel Tucker-
man ; Rodney H. Paresh may take the name of Rodney
H. Powers ; the hereafter-named family may take the fol-
lowing names : Lewis Clark may take the name of Louis
Bieral, Mary A. Clark may take the name of Ada Maria
Bieral, Ada Carmelita Clark may take the name of Ada
Carmelita Bieral ; George Francis Oliver Train may take
the name of George Francis Train ; Charles Noakes may
take the name of Charles Noakes Leavitt ; Henry J. Holt
may take the name of Henry W. Holbrook ; John Milton
Hervey Pal ton Partridge, of Boston, may take the name of
Hervey Milton Palmantridge ; Emily Baxter, of Boston,
may take the name of Emily Robinson Baxter, — all of the
county of Suffolk.
Fanny Blake Furber, of Lynn, may take the name of in Essex.
Fanny Blake Rich, and her minor son may take the name
of Samuel Edwin Rich ; George Noyes, of Newburyport,
may take the name of George Washington Noyes ; Antonio
Knight, of Rowley, may take the name of Antonio E.
Knight ; Edward Skinner, of Lynn, may take the name of
Edward Augustus Skinner ; John Spiller, of Georgetown,
may take the name of John Preston ; Mary Danforth, of
Salem, may take the name of Mary Russell ; Edward
Hammond, junior, of Haverhill, may take the name of Ed-
ward Hanover Hammond ; John Ober, junior, of Beverly,
may take the name of John Richard Ober ; Anna Maria
Verrey, of Danvers, may take the name of Anna Maria
436
1850.
-Chap. 253.
Wallis ; Ichabod Randall Hoyt. junior, of Salem, may take
the name of George Randall Hoyt ; Noble Pye, of Lynn, a
minor, may take the name of Charles Noble Robinson ;
Michael Conners, of Gloucester, may take the name of
Michael Poland ; Bridget Farrell, of Salem, may take the
name of Helen Farrell ; David Perkins, junior, of Tops-
field, may take the name of David Granville Perkins ;
Christopher Columbus Hawkes, of Lynn, may take the
name of Charles Maurice Maudant ; Almaretta Turner, of
Danvers, may take the name of Charlotte Elizabeth Tur-
ner ; Henry Francis Kimball, of Bradford, may take the
name of Frank Henry Kimball ; John Albert Emerton, of
Lynn, a minor, may take the name of John Albert Make-
peace,— all of the county of Essex.
In Middlesex. Mary A. Pierce, of Lowell, may take the name of Mary
Ames Beard, and her minor daughter may take the name
of Abigail Ames Beard ; Lucius Emmett Clary Paige, of
Cambridge, may take the name of Lucius Robinson Paige ;
Ledry Cooledge Wright, a minor, of Marlborough, may take
the name of Charles Wright ; Jerome Buonaparte Morse, of
Natick, may take the name of Joseph Spencer Bigelow ;
Rebekah F. Cooper, of Framingham, may take the name
of Rebekah Brown Fuller ; Jonathan Otis Howard, of
Tyngsborough, may take the name of Otis Jonathan How-
ard ; Charlotte Elizabeth Hunt, a minor, of Natick, may
take the name of Abby Charlotte Hunt, — all of the county
of Middlesex.
in Worcester. Melvina Bristol, of Fitchburg, may take the name of
Flora Melvina Cutter ; Joel Hartwell, of Fitchburg, may
take the name of Joel Willoughby Hartwell ; Ephraim
Chamberlain, of Southborough, may take the name of
Ephraim Hale Chamberlain ; Louisa M. Allen, of Mendon,
may take the name of Louise Maria Aldrich ; Wyman
Goodell, a minor, of Athol, may take the name of Jonathan
Wyman Goodell ; Frederick Emery Blakeley, of Barre, may
take the name of Frederick Emery Hastings ; Leonard
Brigham, of Worcester, may take the name of Edward
Leonard Brigham ; the hereafter-named family, all of Wor-
cester, may take the following names : Luther Gunn may
take the name of Edward Luther Holman ; Mary Sophia
Gunn may take the name of Mary Sophia Holman ; Edwin
Howe Gunn may take the name of Edwin Howe Holman ;
Agnes Louisa Gunn may take the name of Agnes Louisa
Holman ; Almira Wood Gunn may take the name of Almira
Wood Holman ; Jonathan Peirce Holt, of Northbridge, may
take the name of John Peirce Holt ; Carlo Waite, of
Hubbardston, may take the name of Charles Munroe Waite ;
1850. Chap. 253. 437
Abigail K. Partridge, of Worcester, may take the name of
Abigail G. Knowlton ; Frederick Gates, a minor, of Holden,
may take the name of Frederick Gates Chaffin ; Leona
Malvina Whitney, a minor, of Upton, may take the name
of Leonah Melvenah Lesure ; Rebecca Palmer, of Paxton,
may take the name Rebecca Farnsworth Palmer ; Han-
nah Howe Hastings Hayward. of Mendon, may take the
name of Anna Howe Hastings Hayward ; Edmund Rice
Greenwood, junior, of Hubbardston, may take the name
of Edmund Greenwood ; Benjamin Thales Cooley, of Wor-
cester, may take the name of Benjamin Franklin Cooley, —
all of the county of Worcester.
Galusha Ford Bates, of Williamsburg, may take the In Hampshire,
name of Galusha Ford Miller : William Field, of North-
ampton, may take the name of William Edward Field ;
Philip Ridgway Vining, of Williamsburg, may take the
name of Seignior Jokenne Hillman ; the hereafter-named
family, all of Granby, may take the following names : Ben-
jamin Witt may take the name of Benjamin De Witt ; Polly
Witt may take the name of Mary De Witt ; Benjamin
Hollis Witt may take the name of Benjamin Hollis De
Witt ; Mary Ann Witt may take the name of Mary Ann
De Witt ; Sarah Jane Witt may take the name of Sarah
Jane De Witt ; Louisa Sandford Witt may take the name
of Louisa Sandford De Witt ; Henry Witt, of Granby, may
take the name of Henry De Witt ; William Pomeroy Clapp,
of Williamsburg, may take the name of William Clapp
Pomeroy, — all of the county of Hampshire.
William Jonas Brown Colburn, a minor, of Amherst, may f» Hampden.
take the name of William Brown Colburn ; the hereafter-
named family, all of Chicopee, may take the following
names : Milton Hoar to take the name of Milton Wood-
ville ; Fanny Worthington Hoar to take the name of Fanny
Worthington Woodville ; Robert Worthington Hoar may
take the name of Robert Worthington Woodville; Maria
Hoar to take the name of Maria Lorene Woodville ; Emily
Hoar to take the name of Emily Amelia Woodville ; Mary
Francis Hoar to take the name of Mary Francis Wood-
ville ; Susan Phelps Hoar to take the name of Susan
Phelps Woodville ; Roderick Milton Hoar to take the name
of Roderic Milton Woodville ; Lucy Morely Hoar to take
the name of Lucy Morely Woodville ; Nelson Stratton, of
Springfield, may take the name of Nelson Pitkin Strat-
ton,— all of the county of Hampden.
Cyrus Ball Mack, of Sunderland, may take the name of in Franklin.
Cyrus Mack Hubbard ; Otis Gunn, junior, of Montague,
may take the name of Otis Berthoud Gunn ; George P.
438
1850.-
-Chap. 253.
In Berkshire.
In Norfolk.
In Bristol.
In Plymouth.
In Barnstable.
Wood, of Orange, a minor, may take the name of George
P. Whitney ; Alanson Ward, of Bnckland, may take the
name of Alanson Wendell Ward ; Celia Maria Stratton,
and her minor children, of Northfield, may take the follow-
ing names : Celia Maria Stratton to take the name of Celia
Maria Herbert ; Henry Augustus Stratton to take the name
of William Henry Herbert ; Sarah Florence Stratton to
take the name of Sarah Florence Herbert ; Jane Clark, of
Conway, may take the name of Minerva Jane Gunn, all of
the county of Franklin.
Mira H. Spencer, of Hinsdale, may take the name of
Mira Hinsdale ; Charles Hinsdale Spencer, minor, of Hins-
dale, may take the name of Charles Franklin Hinsdale ;
Lorenzo Elliott Dole, of Peru, may take the name of Lo-
renzo Lyman ; Ann C. Ford, of Windsor, a minor, may
take the name of Hester Ann Ford ; Sarah Adaline Baker,
a minor, of Peru, may take the name of Sarah Adaline
Miner ; Dorah Frissel, of Peru, may take the name of
Emily Frissel, — all of the county of Berkshire.
Harriet Elliot Cobb, of Dorchester, a minor, may take
the name of Harriet Elliot Peake ; Emma Louisa Reed, of
Roxbury, may take the name of Emma Elizabeth Palmer ;
Harriet Augusta Sumner, of Medfield, minor, may take
the name of Henrietta Augusta Robinson ; James Lynch,
of Med way, may take the name of James Lewis Pond ;
Julia A. Hartshorn, an adopted child, of Walpole, may take
the name of Julia Howard ; Caroline Fellows Johnson, of
Roxbury, an adopted child, may take the name of Elsey
Susan Lewis ; Alfred Hunt, 2d, of Weymouth, may take
the name of Alfred Harper, — all of the county of Norfolk.
Cornelia E. Caswell, of Taunton, may take the name of
Cornelia E. Allen ; Mary Silas Presbrey, of Taunton, may
take the name of Mary Presbrey Ellis ; Deborah Turner
Bodfish, of New Bedford, singlewoman, may take the name
of Deborah Frances Bodfish ; Melvin Bates, of Taunton,
may take the name of William Leonard Eddy ; Samuel L.
Paull, of Taunton, may take the name of John Henry
Richmond, — all of the county of Bristol.
Grenville Marsh Tappan, a minor, of Marsh field, to
take the name of William Brigham Tappan ; Harriet D.
Swift, a minor, of Middleborough, may take the name of
Harriet D. Reed ; Arthur L. Gould, of Hingham, a minor,
may take the name of Josiah L. Gould ; Elisha C. Bubier,
of Abington, may take the name of Elisha C. Davis, — all
of the county of Plymouth.
James Mac Quire, of Truro, may take the name of James
Henry Lee ; John Mac Q,uire, of Truro, may take the
1850. Chap. 253—254. 439
name of John Q,uincy Myrick ; Ellen A. Phillips, a minor,
of Yarmouth, may take the name of Ellen A. Matthews, —
all of the county of Barnstahle.
Rebecca West, a minor, of Chilmark, may take the name In Duke"*
of William Valentine Worth,— of the county of Dukes. Coun,y-
And the several persons before mentioned, from and after
the passage of this act, shall he known and called by the
names which by this act they are respectively allowed to
assume, as aforesaid, and said names shall hereafter be con-
sidered as their only proper and legal names to all intents
and purposes. [Approved by the Governor, April 29, 1850.]
An Act to authorize the Extension of certain Wharves in the Harbor of OllCtp 254.
Boston.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. The proprietors of the several wharves situate
on the northwesterly side of Fore Point Channel, in Bos-
ton harbor, between Arch wharf and Wales' wharf, are
hereby authorized to extend the same, respectively, to the
new line of said channel, established by an act of the pres-
ent Legislature, in a direction at right angles thereto : pro- Provisos.
vided, that no person's legal rights shall be infringed there-
by ; and provided, also, that the extension of Prentice's
wharf and Tileston's wharf, shall commence where the last
extension thereof, respectively, commenced, and the same
shall be altered to conform with the extension hereby au-
thorized ; and provided, also, that the southerly line of the
wharf formerly known as Curtis' wharf, shall be continued
in its present direction, to said new line of said channel.
Sect. 2. The said extensions shall be built beyond the 1837, ch. 229.
line established by the act of April the nineteenth, in the
year one thousand eight hundred and thirty-seven, upon
piles, not nearer together than six feet in the direction of
said channel, and eight feet in a transverse direction.
Sect. 3. The proprietor of the wharf known as Piper's piper's wharf.
wharf, and now improved by Solomon Piper, is hereby au-
thorized to drive and maintain piles, from the end of the
northerly line of the said wharf, in the dock on the south-
erly side of the extension of Summer street wharf, to said
new line of said channel, and in a direction at right angles
thereto, so as to occupy a space in said dock, not exceeding
four feet in width, for the purpose of hauling vessels into
and out of his dock above ; and that part of the dock be-
low the present front line of Drake's wharf, and between
the extension thereof, herein authorized, and the line of
440 1850. -Chap. 254.
piles aforesaid, shall be owned in common by the proprie-
tors of said Piper's wharf and Drake's wharf, their heirs and
assigns.
Sect. 4. The proprietors of the several wharves, be-
tween the points mentioned in the first section, shall have
the same rights and privileges at the ends of the exten-
sions of their respective wharves, and in the docks formed
by, or at the sides thereof, herein authorized, as they now
legally have at the ends of their present wharves, and in
the docks at the sides thereof respectively, and none other,
except so far as is herein otherwise expressly provided.
Sect. 5. Provided, however, that none of said wharves
shall be extended, nor piles driven, beyond the line of said
channel, established by said act of April the nineteenth,
eighteen hundred and thirty-seven, until the bar in said
channel, opposite or near to the foot of Summer street, shall
have been excavated to the depth of twelve feet below low
water, under the supervision and to the satisfaction of a
commissioner, to be appointed by the governor and coun-
Proviso. cil, at the expense of said proprietors : and provided, also,
that none of said wharves shall be extended, nor piles
driven, until such portion of the strip of flats lying below
Wales' wharf, and northerly and westerly of the southeast-
erly line of said channel continued, as said commissioner
may direct, shall have been excavated to the depth of ten
feet below low water, under the supervision of said com-
missioner, at the expense of said proprietors : and provided,
also, that the compensation of said commissioner, and the
expense of said excavations, and of the alteration of said
Prentice's and Tileston's wharves, to make them conform
to the line of extension herein authorized, shall be paid, or
secured to be paid, to the satisfaction of said commissioner.
of expenses. Sect. 6. The said expenses shall be borne by the said
proprietors, in proportion to the square surface feet outside
of the line of said channel, established by the act of April
the nineteenth, eighteen hundred and thirty-seven, upon
which they are hereby respectively authorized to drive
piles, or extend their wharves, to be ascertained and appor-
tioned by said commissioner.
Condition of this Sect. 7. No proprietor of any of the wharves aforesaid
act shall be entitled to the benefits of this act, until he shall
have paid, or secured to be paid, his proportion of said ex-
penses, as aforesaid. [Approved by the Governor, April 30,
1850.]
1850.— Chap. 255. 441
An Act to incorporate the Town of Winchester. CJ((f1) 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 :
Sect. 1. All the territory now within the towns of Wo- Limits of new
burn, Medford, and West Cambridge, comprised within the tovvn
following limits, that is to say, beginning on the south side
of Hill street, on the line of Woburn and Stoneham, near
Jesse Dike's house ; thence running along said town line,
southwesterly, six hundred and sixty rods, to the southeast-
erly corner of Woburn ; thence, in precisely the same direc-
tion, two hundred thirty-seven and one-half rods ; thence
in a straight line westwardly, crossing Mystic pond, about
eight hundred rods, to a point in the boundary line of West
Cambridge and Lexington, which is one hundred twelve
and a half rods, southwesterly, from the junction of said
line with Woburn ; thence, northeasterly, along said line,
to the junction of Woburn, Lexington, and West Cam-
bridge ; thence, northwesterly, along Lexington line, to a
stone bound on said line, next the southerly side of John
Winning's barn ; thence in a straight line, to a point five
rods south of the southerly side of Jacob Pierce's barn, by
his dwelling ; thence to a point on Main street, half way
between the south side of Woburn Common and the depot
at South Woburn, as the road now runs ; thence, easterly,
to a point six rods north of William Richardson's house ;
thence about two hundred fifty rods, easterly, to the point
of beginning, is hereby incorporated into a town, by the
name of Winchester ; and the said town of Winchester is
hereby vested with all the powers, privileges, rights, and
immunities, and made subject to all the duties and requisi-
tions, to which other towns are entitled and subjected by
the constitution and laws of this Commonwealth.
Sect. 2. The inhabitants of the town of Winchester Taxes.
shall be holden to pay all arrearages of taxes legally assess-
ed upon them before the passage of this act, and also their
proportion of such state and county taxes as may be le-
gally assessed upon them, before the taking of the next
state valuation, (said proportion to be ascertained and de-
termined by the respective town valuations of Woburn,
Medford, and West Cambridge, next preceding the passage
of this act,) to the respective treasurers or collectors of said
towns ; and all moneys now in the treasuries of said towns
of Woburn, Medford, and West Cambridge, or that may
hereafter be received from taxes already assessed, or di-
rected to be assessed, shall be applied to the purposes for
57
442
1850.-
-Chap. 255—256.
Dehts
Paupers.
Town meetins
Not to afTcct
congressional
district.
which they were raised and assessed, in like manner as if
this act had not been passed.
Sect. 3. The inhabitants of the town of Winchester
shall be holden to pay their just and equitable proportion of
all debts due from said towns of Woburn, Medford, and
West Cambridge, and shall be entitled to receive their just
and equitable proportion of the value of all property, real
and personal, and of all assets, now owned and held by said
towns of Woburn, Medford, and West Cambridge, respect-
ively ; and the towns of Woburn, Medford, West Cam-
bridge, and Winchester, shall be respectively liable for the
support of all persons who now need, or who shall here-
after need relief as paupers, whose settlement was gained
by, or derived from, a residence or settlement within their
respective limits. In case said towns, or any of them, shall
not agree in respect to a division of property, funds, debts,
town paupers, or state or county taxes, the court of com-
mon pleas for the county of Middlesex, shall, upon the pe-
tition of either town, appoint three competent and disinter-
ested persons, to hear the parties and award thereon ; and
their award, or the award of any two of them, being ac-
cepted by said court, shall be final.
Sect. 4. Any justice of the peace, within and for the
county of Middlesex, may issue his warrant directed to any
principal inhabitant of the town of Winchester, requiring
him to notify and warn the inhabitants thereof, qualified to
vote in town affairs, to meet at the time and place therein
appointed, for the purpose of choosing all such town offi-
cers as towns are by law authorized and required to choose
at their annual meetings. Such justice, or in his absence
such principal inhabitant, shall preside until the choice of a
moderator, in said meeting.
Sect. 5. This act shall not affect the congressional dis-
tricts now existing, but the citizens of Winchester shall, in
all congressional elections, vote as heretofore, while the dis-
tricts remain as at present ; and shall take effect from and
after its passage. [Approved by the Governor, April 30,
1850.]
Chap 256. An Act authorizing the »V ed way Branch Railroad Company to change
the Location of their Road.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
New location. The Medway Branch Railroad Company are hereby au-
thorized to change the existing location of their road, and
to relocate the same, as follows, viz. : — commencing at the
1850. Chap: 256—257. 443
terminus of said road, as now located, at Medway Village;
thence running southeasterly, through Medway, passing
near to the house of Jasper Daniels, the northeasterly part
of Franklin and the northerly part of Wrentham, to the
Norfolk County Railroad at or near to the North Wren-
tham depot of said road, and to construct the said Medway
Branch Railroad upon the said line ; and, when this loca-
tion shall have been made, and the said road constructed
thereon, the said company shall be liable to all the duties,
and shall enjoy all the powers, rights, and privileges,
granted to them in their original charter: provided, that Location to be
the location hereby authorized, shall be filed according to months'1 nS'*
law, within six months from the passage of this act. [Ap-
proved by the Governor, April 30, 1850.]
An Act concerning the Hancock Free Bridge Corporation. Chdj) 257.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Hancock Free Bridge Corporation shall Toils modified.
have the right to demand and receive the following tolls,
instead of those heretofore established, viz. : — for each foot
passenger or person passing either of the bridges of said
corporation, one cent ; for each single horse cart, wagon,
sled, sleigh, chaise, sulkey, or buggy, with one seat, five
cents ; for one person and horse, four cents ; for each
wheelbarrow, handcart, and every other vehicle, capable
of carrying like weight, two cents; for each cab, carryall,
buggy, or rockaway, with two seats, and drawn by one
horse, ten cents; for each coach, chariot, phaeton, curricle,
or carryall, drawn by more than one horse, fifteen cents ;
for every other wheel carriage, sled, or sleigh, drawn by
more than one horse, or other beast, ten cents ; for all neat
cattle, or horses, passing over either of said bridges, exclu-
sive of those ridden, or in carriages or teams, two cents
each ; swine and sheep, six cents for each dozen, and at
the same rate for a greater or less number ; for each single
horse cart, wagon, or sled, only one person shall be allowed
to pass free of toll.
Sect. 2. This act shall not take effect, until it shall When to take
have been accepted by said Hancock Free Bridge Corpora- effert
tion, at a meeting called for that purpose. [Approved by
the Governor, April 30, 1850.]
444 1850. Chap. 258—259.
CllCtp 258. ^n -^CT to establish additional Terms of the Court of Common Pleas for
* the County of Berkshire.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Two new terms. Sect. 1. There shall be holden at Lenox, within and
for the county of Berkshire, two additional terras of the
iu January and court of common pleas annually, to wit, on the first Mon-
'u.y' . . day of January and the first Monday of July, for the dispo-
business. sition of the criminal business of said county.
All civil busi- Sect. 2. The civil business of said court, in said coun-
tless at the three ty s}m\\ be transacted exclusively at the three terms here-
terms, as here- J ' J
tofore establish- tofore established in said county, and the criminal business
thereof shall be transacted exclusively at the terms estab-
Ofcontinu- lished by this act ; and all continuances of civil or criminal
cases, shall, without any special order therefor, be had to
the next term of the said court to be holden for the transac-
tion of business of the same description.
Appeals and Sect. 3. All appeals, recognizances, continuances, and
ther processes. processes? arKJ every other matter and thing, of a criminal
nature, which would be returnable to, or have day in, the
court of common pleas to be holden in said county, on the
fourth Monday of June next, if this act had not been
passed, shall be returnable to, and to have day in, that court
at the term thereof hereby established, on the first Monday
of July next.
Grand jurors. Sect. 4. The grand jurors for said county of Berkshire,
shall be required to attend only at the said terms hereby es-
tablished for the transaction of criminal business. [Ap-
proved by the Governor, April 30, 1850.]
Chan 259 ^n ^CT t0 mcorPorate the Female Medical Education 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 :
Corporators. Sect. 1. Timothy Gilbert, William I. Bowditch, and
Samuel Gregory, their associates and successors, are hereby
made a corporation, by the name of the Female Medical
Education Society, for the purpose of providing for the ed-
ucation of midwives, nurses, and female physicians, with
Powers and all the powers and privileges, and subject to all the duties,
kfsfch.38 44,. restrictions and liabilities, set forth in the forty-fourth and
thirty-eighth chapters of the Revised Statutes.
Real and per- Sect. 2. Said corporation may hold, for the purposes
sonai estate. aforesaid, real estate not exceeding fifty thousand dollars,
and personal estate not exceeding fifty thousand dollars.
[Appj'oved by the Governor, April 30, 1850. J
1850. Chap. 260. 445
An Act to incorporate the Matfield Railroad Company. Chot) 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 :
Sect. 1. James Brown, S. Dwight Eaton, J. M. Leon- Corporators.
aid, their associates and successors, are hereby made a cor-
poration, by the name of the Matfield Railroad Company,
with all the powers and privileges, and subject to all the Powers ami
duties, liabilities and restrictions, set forth in the forty-fourth RUts.s'ch.39 44
chapter of the Revised Statutes, and in that part of the and ail other
thirty-ninth chapter of said statutes relating to railroad cor- saues-
porations, and in all other laws which have been or shall
be passed relative to railroad corporations : provided, that Proviso as to
said company shall have no right to take any land for the landforroad-
purpose of constructing said road, except by contract with
the owner of such land.
Sect. 2. Said company may locate, construct and main- Route of road,
tain a railroad, with one or more tracks, from some conven-
ient point not more than three hundred feet from the iron
works of the East Bridgewater Iron Company, in East EastBridge-
Bridgewater, to some convenient point on the Bridgewater water'
and Abington Branch of the Old Colony Railroad, northerly
of, and not more than one thousand feet from, the present
station-house in East Bridgewater, at which point the said
company may unite their railroad, by proper turnouts and
switches, with the said branch of the Old Colony Railroad :
provided, that said company shall first obtain permission of Proviso.
the Old Colony Railroad Corporation therefor.
Sect. 3. No shares in the capital stock of said corpora- Value of shares,
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which
shall be first issued.
Sect. 4. The capital stock of said company shall con- Capital stock,
sist of not more than one hundred shares, the number of
which shall be determined, from time to time, by the direc-
tors 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 of said capital stock in real and personal estate as may Real estate,
be necessary and convenient for the purpose of their incor-
poration.
Sect. 5. If the location of said railroad shall not be One year to file
filed, and said railroad shall not be completed, within one compJe^road.
year from the passage of this act, the same shall be void.
[Approved by the Governor, April 30, 1850.]
446
1850.
-Chap. 261—262.
Chap 261. An Act regulating- the Measurement of Cranberries and other Berries.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Cranberries and all other berries, hereafter sold,
shall be measured by the strike or level measure, that is,
in the same manner as flax seed and other similar articles
are measured.
Sect. 2. This act shall take effect from and after the
first day of August next. [Approved by the Governor,
April 30, 1850.]
Strike or level
measure.
1st of August
1850.
Chap 262.
Power of city
council.
Compensation,
&c.
Delegation of
power.
Powers of en-
gineers, &c, of
the fire depart-
ment.
An Act relating to the Fire Department of the City of Boston.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The city council of the city of Boston may
establish a fire department for said city, to consist of so
many engineers and other officers, and so many enginemen
and other members, as the city council, by ordinance, shall
from time to time prescribe ; and said city council shall
have authority to make such provisions in regard to the
time and mode of appointment, and the occasion and mode
of removal, of either such officers or members, to make such
requisitions in respect to their qualifications and period of
service, to define their office and duties, to fix and pay such
compensation for their services, and, in general, to make
such regulations in regard to their conduct and government,
and to the management and conduct of fires, and persons
attending at fires, subject to the penalties provided for the
breach of the city by-laws, as they shall deem expedient :
provided, that the appointment of enginemen, hosemen and
hook-and-ladder men shall be made by the mayor and al-
dermen exclusively.
Sect. 2. The powers and duties mentioned in the pre-
ceding section, or any of them, may be exercised and car-
ried into effect by the said city council, in any manner
which they may prescribe, and through the agency of any
persons, or any board or boards, to whom they may dele-
gate the same.
Sect. 3. The engineers or other officers of the depart-
ment, so appointed as aforesaid, shall have the same author-
ity, in regard to the prevention and extinguishment of fires,
and the performance of the other offices and duties now
incumbent upon firewards, as are now conferred upon fire-
wards by the Revised Statutes, or the special acts relating
to the city of Boston, now in force. They shall also have
1850. Chap. 2G2. 447
authority, in compliance with any ordinance of said city, to
make an examination of places where shavings and other
combustible materials are collected or deposited, and to re-
quire the removal of such materials, or the adoption of suit-
able safeguards against fire. And said city council are
hereby authorized to make suitable ordinances upon this
latter subject-matter, under the penalties enacted in the city
charter.
Sect. 4. All officers and members of the fire department Exemption of
shall be exempted from military duty, or from serving as Ambers'''1
jurors or constables, during the time of their employment
in said department.
Sect. 5. The city council aforesaid are hereby author- Relief for bodily
ized, whenever and as often as they shall deem it expedient, ,nJury>&c-
to appropriate any sum or sums of money, in the way that
may be judged by said council most advisable, for the relief
or indemnity of any officer or member of the fire depart-
ment who may sustain corporal injury, or contract sickness
in the discharge of his duty, or consequent thereon.
Sect. 6. The act entitled " an act to authorize the Repeal,
mayor and aldermen of the city of Boston to increase the
number of enginemen in certain cases," passed on the thir-
tieth day of January, in the year eighteen hundred and
twenty-three ; the act entitled " an act authorizing the ap-
pointment of firemen in the town of Boston," passed Feb-
ruary seventh, in the year eighteen hundred and twenty ;
the act entitled " an act establishing a fire department in
the city of Boston," passed June eighteenth, in the year
eighteen hundred and twenty-five ; the act entitled " an
act in addition to an act entitled 'an act establishing a fire
department in the city of Boston,' " passed March second,
in the year eighteen hundred and twenty-seven ; the act
entitled " an act in addition to an act establishing a fire de-
partment in the city of Boston," passed March third, in the
year eighteen hundred and twenty-nine ; and the act enti-
tled " an act further in addition to an act establishing a fire
department in the city of Boston," passed June twenty-first,
in the year eighteen hundred and thirty-one, are hereby
repealed.
Sect. 7. This act shall take effect from and after its When to take
passage ; but it shall not operate upon existing laws and e 6Ct'
ordinances, relating to the fire department of the city of
Boston, until it shall have been adopted by the city council
of said city. [Approved by the Governor, May 1, 1850.]
448
1850.
-Chap. 263—265.
Chap 263.
On second con-
viction may be
sentenced to
workhouse.
Chap 264.
Corporators.
Purpose.
In East Bridge-
water.
Powers and
duties.
R.S.ch. 38.44.
Real estate and
personal.
Value of shares.
An Act in addition to the Acts for the Punishment of Drunkards.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Any person, who shall have become liable to imprison-
ment in the house of correction, upon a second conviction
for the crime of drunkenness, as is provided in the eight-
eenth section of the one hundred and thirtieth chapter of
the Revised Statutes, may be committed, at the discretion
of the court or magistrate before whom he is convicted, to
the workhouse, if any in the town or city where the offence
was committed, instead of the house of correction. [Ap-
proved by the Governor, May 1, 1850.]
An Act to incorporate the Matfield Manufacturing Steam Mill Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. James Brown, S. Dwight Eaton, Samuel G.
Alden, their associates and successors, are hereby made a
corporation, by the name of the Matfield Manufacturing
Company, for the purpose of manufacturing lumber, grind-
ing grain, manufacturing iron, and for letting steam power,
to be located in East Bridgewater, 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 chapters of the Revised Statutes.
Sect. 2. Said corporation may hold real and personal
estate, necessary and convenient for the purposes aforesaid,
not exceeding in amount twenty-five thousand dollars.
Sect. 3. No shares in the capital stock of said corpora-
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares which shall
be first issued. [Approved by the Governor, May 1, 1850.]
Chap 265. -^n -^CT t0 incorporate the East Hampshire Agricultural Society.
BE it enacted, by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Alfred Baker, Edward Dickinson, Luke Sweetzer, their
associates and successors, are hereby made a corporation, by
the name of the East Hampshire Agricultural Society, for
the encouragement of agriculture and the mechanic arts,
by premiums and other means, in the town of Amherst, in
the county of Hampshire, with all the powers and privi-
leges, and subject to all the duties, liabilities and restric-
tions, set forth in the forty-second and forty-fourth chapters
Corporators.
In Amherst.
Powers and
duties.
R.S.ch. 42,44.
1850. Chap. 265—267. 449
of the Revised Statutes, and in all subsequent acts con-
cerning agricultural societies ; and said corporation may Real and per-
hold and manage real estate, not exceeding in value the sona esUte"
sum of fifteen thousand dollars, and personal estate not
exceeding the same sum, for the purposes aforesaid. [Ap-
proved by the Governor, May 1, 1850.]
An Act to incorporate the Groton Hotel Company. Chap 266.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follotcs :
Sect. 1. Luther F. Potter, Nathaniel P. Smith, Simeon Corporator-;.
Ames, their associates and successors, are hereby made a
corporation, by the name of the Groton Hotel Company,
for the purpose of erecting, in the town of Groton, build-
ings necessary and convenient for a public house, with all Powers and
the powers and privileges, and subject to all the liabilities, RUtssch. 44.
duties and restrictions, set forth in the forty-fourth chapter
of the Revised Statutes.
Sect. 2. Said corporation may hold such real and per- Real and per-
sonal property, as may be necessary and convenient for the Sf
purposes aforesaid, not exceeding in amount twenty thou-
sand dollars: provided, that no shares in the capital stock Proviso as to
of said corporation shall be issued for a less sum or amount, vauco
to be actually paid in on each, than the par value of the
shares which shall be first issued. And if any ardent spirits, No intoxicating
or intoxicating drinks of any kind whatever, shall be sold so!d s
by said company, or by their agents, lessees,- or persons in
their employ, contrary to law, in any of said buildings,
then this act shall be void. [Approved by the Governor,
May 2, 1850.]
Chap 26'
An Act in further addition to an Act to ascertain the Ratable Estate
within 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 folloios :
Sect. 1. That instead of the return required to be Male polls of
made by the assessors of the towns, districts, and other okTand^p"5
places within this Commonwealth, of all male polls of wards required
twenty-one years old and upwards, by an act entitled " an
act to ascertain the ratable estate within this Common-
wealth," the said assessors shall, on or before the first day
of September next, take and lodge in the secretary's office,
a true and perfect list of all male polls of twenty years old
and upwards, whether at home or abroad, distinguishing
such as are exempted from taxation.
58
450
1850.
-Chap. 267—268.
Sect. 2. The secretary of the Commonwealth shall
furnish a sufficient number of copies of this act to the
assessors of each city or town. [Approved by the Governor,
May 2. 1850.]
Chap 268.
Corporators.
Powers and
duties.
R. S. ch. 44, 39,
and all other
statutes con-
cerning rail-
roads.
Route of roa'd.
To cross Fore
Point Channel
and Boston
Harbor by a
pile bridge.
An Act to incorporate the Midland Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Marshall P. Wilder, Robert Codman, Wel-
come Farnum, and H. K. Horton, their associates and suc-
cessors, are hereby made a corporation, by the name of the
Midland Railroad Company, with all the powers and privi-
leges, and subject to all the duties, liabilities and restric-
tions, set forth in the forty-fourth chapter of the Revised
Statutes, and in that part of the thirty-ninth chapter thereof
relating to railroad corporations, and to all other general
laws which have been or shall be hereafter passed, relative
to railroad corporations.
Sect. 2. The said company are empowered to locate,
construct and maintain a railroad, with one or more tracks,
commencing at some convenient point on the Norfolk
County Railroad, in South Dedham ; thence through the
southerly part of Dedham ; thence through or near the
westerly part of the towns of Canton and Milton to the
town of Dorchester ; thence in a northeasterly direction,
through the town of Dorchester, passing through or near
the easterly part of the city of Roxbury, and across the
bay and marsh to South Boston, and through South Bos-
ton, southeasterly of A street, at such place and in such
manner as will be satisfactory to the mayor and aldermen
of the city of Boston, and over the flats, within the line of
one hundred rods from high-water mark, to a point on
Broad street or Sea street, between the northerly side of
French's wharf and the southerly line of Amory's wharf,
crossing Fore Point Channel by a pile bridge, and with a
draw, as hereinafter provided.
Sect. 3. The said company are hereby authorized to
cross Fore Point Channel, and so much of the flats in Bos-
ton harbor as are without the limits of private property, by
a pile bridge only, said railroad, across said flats and Fore
Point Channel, to be but twenty-six feet wide ; said bridge
shall be built on piles in such manner as to cause the least
obstruction to the flow of the stream, and, where it crosses
Fore Point Channel, shall have a good and sufficient draw
and piers, for the safe and convenient passage of vessels,
and the said bridge shall be constructed under the direction
1850. Chap. 268. 451
of a commissioner, to be appointed by the governor and
council, at the expense of said company ; and the said
company shall keep the said draw in good repair and open
the same, and afford all proper accommodation to vessels
having occasion to pass the same by day or night.
Sect. 4. The capital stock of said company shall con- Capital stock,
sist of not more than seven thousand shares, the number of
which shall, from time to time, be fixed by its directors, and
no assessments shall be laid, of a greater amount thereon,
in the whole, than one hundred dollars on each share, and
none of said shares shall be issued by said company at a
less sum than the full value thereof.
Sect. 5. If the location of said road shall not be filed Location to be
in one year, and the said railroad constructed in two years, construction
from the passage of this act, then the same shall be void.
Sect. 6. The Legislature may, after the expiration of Toils. &c, may
five years from the time when such railroad shall be opened ^H^arf^^^
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 pro-
duce, with said profits, less than ten per cent, per annum
upon the investments of the said company.
Sect. 7. The said company may enter upon, and unite May unite with
their said railroad with, the railroad of the Norfolk County Railroad. '°U"''Y
Railroad Company, in South Dedham, with proper switches
and turnouts, and may use the same, or any part thereof,
according to law.
Sect. 8. The said railroad shall cross the Old Colony How to cros,
Railroad under the same, and they are hereby authorized Railroad0'"
to raise the Old Colony Railroad, if necessary, for that pur-
pose, under the direction of the county commissioners for
Norfolk county; and the said railroad shall cross the Boston How to cross
and Providence Railroad over the same, with a clear height preovidenceand
of seventeen feet above the top of the rail thereof, and Railroad.
leaving a roadway of fifteen feet each side of the centre
line of said Boston and Providence Railroad free of ob-
struction ; and the said railroad shall also be constructed
under the streets it may cross at South Boston, and if it
shall be necessary, for that purpose, to raise any of said
streets, this corporation is hereby authorized and required
to raise the same, under the direction of the mayor and
aldermen of the city of Boston : provided, that the said Proviso.
railroad shall be so constructed as to pass under the Old
Colony Railroad, and the track of the said Old Colony
Railroad shall not be raised more than five feet above its
present level, and the alteration of the grade necessary
thereto shall be made without interrupting the travel on
452
1850.
-Chap. 268.
This and sev-
eral other r o -
porations au-
thorized to form
one company.
Meetings, &e.
of new com-
pany.
Proviso as to
residence of
officers.
Of liability of
shares to attach-
ment.
Proviso.
said road. And said Midland-* Railroad Company shall pay-
all damages, direct or incidental, caused thereby to the said
Old Colony Railroad Corporation ; and said crossing, and all
alteration of streets rendered necessary thereby, shall be
made by and at the expense of said Midland Railroad
Company, under the direction of the mayor and aldermen
of the city of Boston, in said city, and of the county com-
missioners of Norfolk county ; and the Old Colony Rail-
road Corporation shall recover said damage in the same
manner as damages are now recovered when land is taken
by railroad corporations.
Sect. 9. The corporation hereby created, the Norfolk
County Railroad Company, and the Southbridge and Black-
stone Railroad Company, corporations established by the
laws of this Commonwealth, and the Willimantic and
Thompson Railroad Company, and the Hartford, Provi-
dence and Pishkill Railroad Company, two corporations
established by the General Assembly of the state of Con-
necticut, are hereby authorized to unite their several cor-
porations, and form one corporation, by the name of the
Midland Railroad Company, upon such terms and upon
such conditions as shall be mutually agreed ; and all such
persons as now are, or may hereafter be stockholders, in
either of the aforesaid railroad companies, shall be joint
stockholders in such united corporation, and all the tolls,
franchises, rights, powers, privileges, and property granted,
or to be granted, acquired or to be acquired under the au-
thority of the said states, shall be held and enjoyed by all
the said stockholders, in proportion to their number of
shares, or amount of property held by them respectively, in
either or all said corporations.
Sect. 10. The stockholders of said Midland Railroad
Company shall hold their meetings, make their by-laws,
appoint their officers, and transact all their business as one
corporation : provided, one or more of the officers of said
corporation shall be resident in this Commonwealth, and
one or more of them in the state of Connecticut, on whom
processes against said corporation may be legally served in
either state, and that said corporation shall be held to
answer in the jurisdiction where the service is made and
the process is returnable.
Sect. 11. The share or shares of any stockholder, in
said corporation, shall be liable to attachment, and to be
taken on execution in the state where such stockholder
shall reside at the time of the service of the process : pro-
vided, that an attested copy of the writ or execution, and
of the officer's return, shall at the time of the service be
1850. Chap. 268—269. 453
left with the clerk, or a director of the corporation, or at
his usual place of abode.
Sect. 12 Said corporation shall so make out and keep Expenditures in
an account of the expenditures on said road, from its com- Lepulisttnci. e
mencement to its completion, as clearly to exhibit what
portion thereof belongs to that part of said road situated in
Massachusetts, and what portion to that part in Connecti-
cut ; and two commissioners shall be appointed, one by the Commissioners,
governor of each state, to hold their office for four years,
and to be reasonably compensated for their services by said
corporation, who shall ascertain what proportion of expend- Their duties,
itures on said road, and of the other expenses attending
its construction, maintenance and use, also what proportion
of the receipts and profits of said railroad, shall properly
appertain and belong to the portions of said road, in each
state respectively ; and the annual report required to be
made by the directors to the Legislature of this Common-
wealth shall be approved by said commissioners.
Sect. 13. The said corporation, so far as their road is Subject to the
situated in Massachusetts, shall be subject to the same gen- &enera aws-
eral laws of this Commonwealth, to the same extent as the
said Norfolk County Railroad Company, the Southbridge
and Blackstone Railroad Company, and the corporation
hereby created are and respectively would be, had the au-
thority to unite said corporations herein contained not been
granted ; and the capital of such united corporation shall
consist of the capital now authorized to the several cor-
porations hereby authorized to be united, or as shall be
authorized to them, or either of them, before such union
shall take place.
Sect. 14. The provisions contained in the ninth, tenth, How and when
eleventh, twelfth and thirteenth sections hereof, shall not
take effect until they shall have been accepted by the stock-
holders of said Norfolk County Railroad Company, said
Southbridge and Blackstone Railroad Company, said Willi-
mantic and Thompson Railroad Company, and said Hart-
ford, Providence and Fishkill Railroad Company, respect-
ively, at legal meetings called for that purpose. [Approved
by the Governor, May 2, 1850.]
An Act providing for Town Meetings in certain cases. Chap 269.
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 :
Sect. 1. If, at any annual town meeting for the choice Town meetings
of town officers, said meeting has been or shall hereafter officCerTmaybe
be dissolved, before said choice of town officers has been held in May in
454
1850.
-Chap. 269—271.
certain contin-
e-eneies.
Chap 270.
To make iron
castings, &.c.
or shall be fully effected and completed, and another meet-
ing of said town cannot legally be warned and held within
the month of April, a meeting, or meetings, of the inhabit-
ants of such town may be called and held in the month of
May.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 2, 1850.] •
An Act in addition to an Act to incorporate the Maiden Steam Mills.
RE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
That said Maiden Steam Mills Company, in addition to
the authority granted by their said act of incorporation to
manufacture steam engines and machinery, are hereby em-
powered to make iron castings, and to saw and manufac-
ture marble, the same being subject to all the duties, restric-
tions and liabilities, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes. [Approved
by the Governor, May 3, 1850.J
Chap 271.
May hold real
estate in Cam-
bridge and Wa-
tertown, not ex-
ceeding- 100
acres additional.
1835, ch. 96.
An Act in addition to " An Act to incorporate the Proprietors of the Cem-
etery of Mount Auburn."
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 corporation known as the Proprietors of the Ceme-
tery of Mount Auburn may purchase and hold, in fee sim-
ple or otherwise, any real estate, or any interest in any real
estate, situate and lying in the towns of Cambridge and
Watertown, in the county of Middlesex, any thing in the
act of this Legislature, passed March thirty-first, A. D.
eighteen hundred and thirty-five, entitled "an act to incor-
porate the proprietors of the cemetery of Mount Auburn,"
to the contrary notwithstanding ; provided always, that
such real estate, by the said corporation so purchased, hold-
en and possessed as aforesaid, under the provisions of this
act, shall not at any one time exceed one hundred acres in
extent, in addition to whatever real estate the said corpora-
tion now holds, or is entitled to hold, by virtue of the act
to which this act is in addition, as aforesaid. [Approved
by the Governor, May 3, 1850.]
1850. Chap. 272—273. 455
An Act concerning Bail in Criminal Cases. Chop 272.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
That bail, in criminal cases, may surrender their prin- May surrender
cipals, and exonerate themselves, as bail in civil actions may Pnnr'f,d
now do, under the provisions of the ninety-first chapter of
the Revised Statutes. [Approved by the Governor, May
3, 1850.]
An Act in further addition to " An Act to incorporate William Gray, ChdJ) 278.
junior, and others, for the purpose of bringing Fresh Water into the ■*
towns of Salem and Danvers, by subterranean pipes."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The said corporation are hereby empowered whence water
to conduct by subterranean pipes, into their own land in may be brousht-
Salem and Danvers, the waters of Spring pond and Brown's
pond, so called, and also the waters of the brook in the
towns of Danvers and Salem, now dammed by said aque-
duct corporation, which they now have, or may acquire
the right to take and use, for the purposes and objects for
which the original charter was granted ; and for said pur- Powers, de-
poses may construct, lay down, and maintain any dam or
dams, pipes, fountains, or reservoirs, whatsoever, upon and
over any land whatsover, subject to the following provisions
hereinafter continued.
Sect. 2. If any person or corporation shall suffer dam- Damages, how
age by the taking the water aforesaid, in the manner and recovered-
for the purposes aforesaid, such injured party shall be en-
titled, for remedy against said corporation, to the process
by petition to the supreme judicial court, provided by the
second section of the statute of eighteen hundred and thir-
ty-nine, chapter one hundred and fourteen.
Sect. 3. To obtain the funds required to carry into New shares,
effect the extension and improvement of their works, for
the increased supply of water, which the said corporation is
hereby empowered to construct and maintain, they are
hereby authorized to create as many new shares in their
capital stock as may be necessary, not exceeding in value
two hundred thousand dollars : provided, that no shares in Proviso as to
the capital stock shall be issued for a less sum or amount, value-
to be actually paid in on each, than the par value of the
shares which shall be first issued.
Sect. 4. The corporation shall lay a six-inch iron pipe,
from the square in South Danvers, through the main street,
456
1850.-
-Chap. 273— 276.
to Salem, for the supply of water to the inhabitants on said
street. [Approved by the Governor, May 3, 1850.]
Chap 274
Towns of 500
families, and
less than 8000
inhabitants, to
keep two or
more schools
for instruction
in the branches
named in R. S.
ch. 23, § 5.
If 4000 inhab-
itants, Greek,
Latin, &c, to
taught.
These schools
to be kept at
least three
months.
Chap 275.
Fee for license
to set up hack-
ney coach, Sec,
in any city.
1847, ch. 224.
An Act concerning Schools.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Towns coming within the requirements of
the fifth section of the twenty-third chapter of the Revised
Statutes, but of less than eight thousand inhabitants by the
next preceding decennial census, may be exempt from said
requirements : provided, that they maintain, in each year,
two or more schools, in such districts as the school com-
mittee shall approve, for terms of time that shall, together,
be equivalent to twelve months, and for the benefit of all
the inhabitants, kept by masters who, in addition to the
branches of instruction enumerated in the first section of
said chapter, shall be competent to give instruction in the
history of the United States, book-keeping, surveying,
geometry, and algebra, and also, in towns containing four
thousand inhabitants, in the Latin and Greek languages,
general history, rhetoric, and logic : provided, also, that no
one of said schools shall be kept for a less term than three
months. [Approved by the Governor, May 3, 1850.]
An Act in addition to an Act to prevent Obstructions in the Streets of
Cities, and to regulate Hackney Coaches and other Vehicles.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The mayor and aldermen of any city in this
Commonwealth are hereby authorized to demand and
receive the sum of one dollar, and no more, for a license to
any person to set up and use within such city, any carriage
or vehicle mentioned in the act to Avhich this is an addition,
passed on the twenty-third day of April, in the year one
thousand eight hundred and forty-seven.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 3, 1S50.]
Chan 276. ^n ^CT concermng the Assessment of Taxes.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
To fix the place Whenever any taxable person, being in any town of this
pe^o^sSfbe Commonwealth on the first day of May in each year, shall,
taxed on the 1st when called upon by the assessors of said town, deny his
of May.
1850. Chai\ 27G— 277. 457
legal residence therein and refuse to state to said assessors
where he considers his legal residence to be, he shall, for
the purpose of taxation, be deemed to be an inhabitant of
said town, and his taxes shall be there assessed ; but if said
person shall, when thus called upon, deny his residence in
said town and designate another town as his legal resi-
dence, it shall be the duty of the assessors of said first-
named town to notify the assessors of the town thus desig-
nated, and such notice shall authorize said last-named
assessors to tax said person as an inhabitant of the town
thus designated : provided, that nothing herein contained Proviso.
shall exempt said person from his liability to the payment
of any tax legally assessed upon him in the town of his
legal domicil. [Approved by the Governor, May 3, 1850.]
An Act to prevent the Explosion of Steam-Boilers. Chat) 277
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. No person, or corporation, shall use, or cause The kind of
to be used, any steam-boiler, in this Commonwealth, unless safety plug to
* be used with
the same be provided with a fusible safety plug, to be made steam-boilers.
of lead, or some other equally fusible material, and to be of
a diameter of not less than one-half an inch, which plug
shall be placed in the roof of the fire-box, when a fire-box
is used, and, in all cases, shall be placed in a part of the
boiler fully exposed to the action of the fire, and as near
the top of the water line as any part of the fire surface
of the boiler ; and, for this purpose, it shall be lawful to use
Ashcroft's " protected safety fusible plug."
Sect. 2. If any person shall, without just and proper Penalty for vio-
cause, remove from the boiler the safety plug thereof, or lat!n» lhci- forc'
,,,',. - . , i i /» going section.
shall substitute therefor any material more capable of re-
sisting the action of the fire than the said safety plug so
removed, he shall be punished by a fine not exceeding one
thousand dollars.
Sect. 3. If any person, or corporation, shall use, or Penalty for not
cause to be used, in this Commonwealth, for the space of u^n& a safety
six consecutive days, a steam-boiler unprovided with a
safety fusible plug, as named in the first section, such per-
son or corporation, so offending, shall be punished by a
fine not exceeding one thousand dollars.
Sect. 4. Chapter one hundred and thirty-nine of stat- Repeal.
ute of eighteen hundred and forty-nine, is hereby repealed.
[Approved by the Governor, May 3, 1850.]
59
458
1850.
•Chap. 278—279.
Chap 278.
Case in which
defendant shall
have compensa-
tion for build-
ings, &.C., on
process for par-
tition.
•R. S.-ch. 5.01.
Stay of judg-
ment for plain-
tiff, in what
case.
Chap 279.
May insure in
states specified.
Properly insur-
ed may be di-
vided into lour
classes.
Policy to de-
signate the
class.
An Act concerning proceedings for Partition of Real Estate.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. In any writ, or other process of partition, in
which it shall appear by the pleadings that the defendant
or respondent denies the right and title of the plaintiff or
petitioner to any part of the premises, and claims the same
as his own absolute estate, in fee, and it shall be proved
that the defendant or respondent held the same under a
title which he believed, to be good, the defendant or re-
spondent shall be entitled to compensation for the value of
any buildings or improvements, made or erected by himself,
or by any other person, under whom he claims, on the
premises so claimed by him, in case the plaintiff or peti-
tioner shall secure judgment ; such value to be ascertained
in the same manner as is provided for tenants in real ac-
tions, by the one hundred and first chapter of the Revised
Statutes ; and in like manner he shall be liable for the
plaintiff or petitioner's share of the rents, profits, and other
damages mentioned in the said chapter.
Sect. 2. If any sum shall remain due to the defendant,
or respondent, for improvements, after deducting the rents,
profits, or other damages, for which he may be found
chargeable, the plaintiff or petitioner shall not have judg-
ment for partition of the premises, until he shall have paid
the same to the defendant or respondent, or to the clerk of
the court, for his use ; and he shall not be entitled to any
rents and profits which may accrue after verdict, and before
he shall have made such payment. [Approved by the Gov-
ernor, May 3, 1850.]
An Act concerning Mutual Fire 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 :
Sect. 1. All mutual fire insurance companies that have
been or shall hereafter be incorporated in this Common-
wealth, are hereby empowered to insure any property in-
cluded in the terms of their charters, and situated in the
states of New York, Vermont, New Hampshire, Maine,
Rhode Island, and Connecticut.
Sect. 2. All property that shall hereafter be insured by
said companies, may be divided by the directors thereof, at
their discretion, into any number of distinct and separate
classes, not exceeding four. The policy of each member
of any company, dividing its risks into classes, shall desig-
1850. Chap. 279—280. 459
nate the class of risks with which he is associated ; and the
premiums and deposit notes of each class, and the assess-
ments for which members may become liable, shall be held
and assessed to pay the losses occurring in the class to
which they belong, and no other : provided, however, that Proviso.
no policy shall be issued by any company, to cover prop-
erty in any separate class, until the amount of one hundred
thousand dollars shall be subscribed to be insured in such
class.
Sect. 3. The general expenses of any company, not General expeu-
strictly applicable to either class, shall be apportioned to ^ej appor"
each class, according to the amount of premiums received
in each ; and in any division of the funds of any company,
and in all returns of premiums and deposits, each member
shall be entitled to receive only his proportional part of the
funds belonging to the class of risks with which he is as-
sociated.
Sect. 4. The second section of this act shall not take Second section
effect in reference to any company, until the same shall be n°l '" f°r.cc .tl11
/• i H-I/-T adopted by iii-
adopted at a meeting of such company, called for the pur- surance compa-
pose ; and any member of a company adopting said second "y"
section, who shall dissent from such adoption, shall have Proviso as to
the right, at any time within three months after such adop- ™^n'!rs dls'
tion, to cancel his policy, after having discharged all assess-
ments and sums due from him under his policy.
Sect. 5. The act entitled " an act concerning mutual Repeal, my,
fire insurance companies," passed on the fourteenth day of ch- 104,
April, in the year one thousand eight hundred and forty-
nine, is hereby repealed : provided, this repeal shall not in- Proviso.
validate the doings of any mutual fire insurance company,
under authority of the provisions of said act. [Approved
by the Governor, May 3, 1850. J
An Act in addition to " An Act for the further Regulation of the Erection Chap 280.
of Wooden Buildings in the City of Boston."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The city council of the city of Boston may p0werofcity
authorize the erection of wooden buildings in those parts councl1-
of said city called South Boston and East Boston, upon
such terms and conditions, and subject to such limitations
and restrictions, as they may deem expedient.
Sect. 2. The first, second, third, fourth, fifth, seventh, Acts, and parts
eighth, and fifteenth sections of the act passed on the °^acts' rePea|-
twenty-third day of February, in the year one thousand
eight hundred and eighteen, entitled '-'an act to secure the
460 1850. Chap. 280—281.
town of Boston from damage by fire ;" the two acts passed
on the sixteenth day of June, in the year one thousand
eight hundred and twenty-one, entitled "an act partially to
suspend the operation of an act to secure the town of Bos-
ton from damage by fire," and " an act regulating the
building with wood within the town of Boston ;" the act
passed on the fifteenth day of June, in the year one thou-
sand eight hundred and twenty-two, entitled " an act to
provide for the erection of two-story wooden buildings in
the city of Boston;" the act passed on the fifth day of Feb-
ruary, in the year one thousand eight hundred and thirty,
entitled "an act in addition to an act regulating the build-
ing with wood in the town of Boston; " the fifth sec-
tion of the act passed on the eighth day of April, in the
year one thousand eight hundred and thirty-five, entitled
" an act for the further regulation of the erection of wooden
buildings in the city of Boston," to which this act is in ad-
dition, and so much of the second section thereof, as relates
to South Boston and East Boston, are hereby repealed.
When to take Sect. 3. This act shall take effect from and after its
effect. passage ; but it shall be void, unless the city council of said
city shall accept the same within thirty days after its pas-
sage. [Approved by the Governor, May 3, 1850.]
CllGp 281. An Act to annex a part of the City of Roxbury to 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 :
Boundary. Sect. 1. The boundary line between the city of Boston
and the city of Roxbury, southeasterly of Harrison Avenue,
is hereby altered and established as follows, to wit : — be-
ginning at a point in the present boundary line, at the
centre of the Roxbury canal, (so called,) thence running in
the centre of said canal, to a point in the same, situate one
thousand and seven feet from the southeasterly side of Har-
rison Avenue, measuring southeasterly, and in the range of
the westerly side of Worcester street, in said Boston ;
thence running in a straight line, northeasterly, about
twenty-six hundred and twenty-two feet, to a pile monu-
ment in the Roxbury channel, in the present line ; and all
that portion of land, or flats, northwest of the line hereby
established, is hereby annexed to, and made a part of, the
said city of Boston, in the county of Suffolk : provided,
Proviso in reia- however, that the territory so transferred, shall, for the pur-
uon to elections. p0^e 0f electing senators, continue to be, and remain a part
of, the city of Roxbury ; and that all the inhabitants resid-
ing upon it shall, until otherwise constitutionally provided,
1850. Chap. 281—282. 461
always enjoy, in relation to the election of senators, all the
rights and privileges of, and in relation to, voting in the said
city of Roxbnry, which they would have possessed if this
act had not been passed ; such voting to be in the ward
whereof the place of voting shall be, for the time being,
nearest the westerly corner of the said territory.
Sect. 2. The mayor and aldermen of the city of Bos- Monuments to
ton shall cause suitable monuments to be erected and con- e erecte '
tinned, showing the line between the said city of Boston,
as it has existed by said territory hitherto, and shall cause
the same to be perambulated in like manner, and with the
like penalties for neglect, as now by law is or are provided
in respect to other boundary lines of cities and towns, such
penalties to be recovered against the said city of Boston.
Sect. 3. The mayor and aldermen of the city of Bos- Lists of voters
ton shall, annually, furnish to the city authorities of Rox- "g^Vto"^^
bury, forty-eight hours at least before any senatorial elec- furnished annu-
tion, correct lists, so far as may be ascertainable from the Siontiesof Rox-
records and doings of the said city of Boston, or any of its bury,
officers, of all persons resident in the territory hereby set
off, who shall be entitled to vote for senators, as aforesaid,
in the said city of Roxbury ; and the said city of Boston, Penalty for neg-
for every neglect of its said mayor and aldermen so to fur- lcct'
nish such list, shall forfeit the sum of one hundred dollars ;
and for the making of a false return in respect to any part
of such list, shall forfeit the sum of twenty dollars for every
name, in respect to which a false return shall have been
made, to be recovered in the same manner as is provided
by the fourth section of the third chapter of the Revised
Statutes, in respect to penalties for neglect or false returns
by collectors of towns. [Approved by the Governor, May
3, 1850.J
An Act to provide for the custody of the Prisoners committed to the Jail (Jhct'D 282.
or House of CoTrection in the County of Norfolk, during the time that '■*■
said Jail and House of Correction are undergoing repairs.
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 inspectors of the jail and house of correction in the The inspectors
county of Norfolk, may, in their discretion, designate, in sukabifpiate
writing, some suitable place or places, in any contiguous for the keeping
county, as a place of confinement for prisoners while said ° Pr,soners-
jail and house of correction are undergoing repairs ; and
such designation, being filed with the clerk of the court of
common pleas for the county of Norfolk, shall be a suffi-
cient authority for the sheriff, jailer, master or keeper, to
462
1850.-
-Chap. 282—284.
Chap 283.
Corporators.
Powers and
duties.
R. S. ch. 44.
Authority to
purchase, build,
<&(*., steam
packets.
Real and per-
soua.l estate.
Value of shares.
Proviso as to
rights of others,
Chap 284.
remove all or any of the prisoners in his custody, in said
jail or house of correction, or during the time of such re-
pairs, ordered to be confined therein, to the place desig-
nated, and there to confine them until they can be safely
returned to the jail or house of correction whence they
were removed, or wherein their confinement was ordered ;
and any place to which the prisoners shall be so removed,
shall, during their imprisonment therein, be deemed a prison
of the county in which they were originally confined, but
they shall be under the care, government and direction of
the officers of the county in which they are confined.
[Approved by the Governor, May 3, 1850.]
An Act to incorporate the Ocean Steamship Company of New England.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Nathaniel F. Cunningham, Henry Plympton,
John Rayner, George Passarow, their associates, successors
and assigns, are hereby made a corporation, by the name of
the Ocean Steamship Company of New England, for the
purpose of navigating the ocean by steamships or packets,
and building the same, with all the powers and privileges,
and subject to all the duties, restrictions and liabilities, set
forth in the forty-fourth chapter of the Revised Statutes.
Sect. 2. Said company are hereby authorized to pur-
chase, build, hold, maintain, use, improve and convey, or
otherwise dispose of. one or more steam packets or vessels,
together with the apparatus, works and property, necessary
or convenient for their business.
Sect. 3. The real estate of said company shall not ex-
ceed in value six hundred thousand dollars, and the whole
amount of their personal property shall not exceed twice
that sum ; and no shares in the capital stock of said cor-
poration shall be issued for a less sum or amount, to be
actually paid in on each, than the par value of the shares
which shall be first issued.
Sect. 4. Nothing herein contained shall be so construed
as to affect the legal rights of any person or corporation
whatever.
Sect. 5. This act shall take effect from and after its
passage. [Approved by the Governor, May 3, 1850. J
An Act concerning Sales of Personal Property under Mortgage.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
If any mortgagor of personal property shall sell or con-
1850. Chap. 284—286. 463
vey said property, or any part thereof, without the written Penalty where
consent of the mortgagee, and without informing the per- JJlESpiJj-
son, to whom he may sell or convey, that the same is erty sells it a
mortgaged, said mortgagor shall be held guilty of a misdc- wUhSutconsent
meanor, and shall be punishable by a fine not exceeding one of mortgagee,
hundred dollars, or by imprisonment in the county jail or
house of correction for a term not exceeding one year.
[Approved by the Governor, May 3, 1850.]
An Act authorizing George W. Otis and Benjamin Iresan, Jr., to conduct Chap 285.
Water from an Artificial Pond to their Factory in Lynn.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. George W. Otis and Benjamin Iresan, junior, Authority,
of Lynn, their heirs and assigns, are hereby authorized to
conduct water from the artificial pond on the northerly side
of the highway in said Lynn, called Boston old road, to
the stone factory on the southerly side of said highway, by
means of a culvert, iron pipe or pent stock, along and across
said highway : provided, that the transverse section of said Proviso as to
culvert, pipe or pent stock, shall not exceed one square ^."d of culvert>
foot in area, and shall be so laid under ground as not to
obstruct the public travel nor impair the rights of any
person.
Sect. 2. The breaking up of said highway, and the Mayor and
times at which the same may be done for laying or repair- a ermen-
ing of said culvert, pipe or pent stock, shall be under the
direction of the mayor and aldermen of the city of Lynn,
or such person as they may appoint.
Sect. 3. This act shall take effect on and after its
passage. [Approved by the Governor, May 3, 1850.]
An Act concerning District Schoolhouses. Chap 286.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of '
the same, as follows :
Sect. 1. Any town of this Commonwealth that has Mode of pro-
been divided into school districts, the inhabitants of which ^owH'snforn
may think it expedient to abolish said district, shall be schoolhouses
authorized to take possession of the district schoolhouses are abolished.
in the following manner : — An appraisement shall be made,
by the direction of the town, of the value of the school-
houses, a tax shall then be levied sufficient for the erection
of new schoolhouses in all the districts, and to each dis-
trict shall be remitted a proportion of the tax equal to the
value of its house.
464
1850.
-Chap. 286—288.
Same, where
sclioolhouses
are to be
erected at the
common ex-
pense.
Sect. 2. Any town that has been divided into school
districts, the inhabitants of which shall desire so far to
alter their district system as to provide for the erection of
sclioolhouses in all the districts, at the common expense of
the town, shall be authorized to proceed in the manner
provided in the preceding section. [Approved by the Gov-
ernor, May 3, 1850.]
Chap 287,
Terms at
Springfield.
At Westfield.
At Monson.
At Palmer.
Of return of
processes-
Repeal.
Chap 288.
" Prime mess
pork."
An Act establishing the times and places for holding the Probate Court
in the County of Hampden.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. There shall be a probate court held each year
at Springfield, in the county of Hampden, on the first
Tuesday in January, February, March, April, June, July
and November, and on the fourth Tuesdays in April, Au-
gust and September. At Westfield, in said county, on the
third Tuesdays in March, June, September and December.
At Monson, on the second Tuesday in June ; and at Palmer,
on the second Tuesday in September.
Sect. 2. All processes now returnable to said probate
court, at the times and places heretofore established by
law, may be returned and acted upon in the same manner
as if this act had not been passed.
Sect. 3. All laws now in force regulating the times
and places of holding said court in said county are hereby
repealed, except as is provided in the foregoing section.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 3. 1850.]
An Act concerning the Inspection of Beef and Pork.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The inspector general, or his deputies, are
hereby authorized to pack and inspect the following des-
criptions of pork, namely : — A quality to be denominated
and branded prime mess pork, which shall be packed
from well-fatted hogs, two hundred pounds to the barrel,
excluding heads, legs, lard, and shoulder-joints, the pork to
be cut into four-pound pieces, near as may be, so that each
barrel may contain fifty pieces, not less than twenty of
which shall be mess or middle pieces, and not more than
five of which shall be shoulder-pieces, the latter being cut
free from joints ; and the same shall be packed with six
ounces of saltpetre to each barrel, and the full quantity
1850. Chap. 288—289. 465
and quality of salt and pickle required for other denomina-
tions of pork, under the existing inspection laws.
Sect. 2. A quality of pork, to be denominated and "Short mess
branded short Tness middles, which shall be packed from m,,kllcs"
sides only of well-fatted hogs, excluding heads, necks, legs,
lard, shoulders, and shoulder-backs, to be thoroughly salted
with Liverpool or other good salt, with a sufficiency of
saltpetre, and packed in good secure casks, barrels, or boxes,
with or without pickle, as may be required.
Sect. 3. The inspector general, and his deputies, shall
be authorized to pack, inspect, and brand, any denomina-
tions of beef or pork, known under the existing inspection
laws of the Commonwealth, in any size or description of
secure, good casks which may be required to be packed,
in all other respects conformably to the existing standard
for the several denominations of beef and pork.
Sect. 4. All salted beef and pork, imported or brought Of salted beef
into this State, and exported or sold for exportation, shall broughfinto ibis-
be branded with the name of the packer, and the state State.
where packed, and shall be inspected according to the Mas-
sachusetts inspection laws, if required at the time of pur-
chase, by the purchaser, who shall pay the expenses of in-
spection and repacking.
Sect. 5. Beef and pork, intended for shipping or export, Beef and pork
may be packed in any mode agreed upon by the buyer and shipping. °'
seller, without inspection, but it shall be inspected if re-
quired at the time of purchase, by the purchaser, who shall
pay all expenses of inspecting and repacking. [Approved
by the Governor, May 3, 1S50.]
An Act in addition to the several Acts relating to the State Prison. Choi) 289.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The warden of the State Prison, with the con- Solitary labor,
sent of one or more of the inspectors, whenever, in their In whal casc-
opinion, the proper discipline of said prison requires, is au-
thorized to confine such convicts as are obstinate and re-
fractory to solitary labor, for such time as they may deem
necessary to produce penitence, or so long as they shall
think expedient for the promotion of good order and disci-
pline ; and the warden, with the concurrence of one or
more of the inspectors, is authorized to inflict corporal pun- Corporal pun-
ishment upon the convicts in cases only where other meth- lshmcnl-
ods have failed to produce penitence, and they find such
punishment necessary to maintain the discipline of the
60
466 1850. Chap. 289—290.
prison ; and that the warden, in his annual reports, shall
state the whole number of stripes inflicted, the number of
convicts upon whom they have been inflicted, and the cir-
Provho as to cumstances attending each case : provided, that in no case
"tripes'- of shall more than ten stripes be inflicted at one time.
Appointment of Sect. 2. The warden of the State Prison, with the ad-
subordinates. vice and consent of the inspectors, is authorized to appoint
one additional turnkey, and as many additional watchmen
as they may find necessary, not exceeding five ; also, as
many supernumerary watchmen as may be necessary for
the safety of the prison, during the erection of the proposed
additional prison.
Prudential reg- Sect. 3. The warden and inspectors of the State Prison
uianons. are here|jy authorized to adopt such regulations, in relation
to the intercourse of the convicts with their friends from
without the prison, also, in relation to the introduction of
newspapers into the prison, and in relation to visitors, as
they may think necessary or expedient, not inconsistent
with the laws relating to the government of the prison.
No engraving Sect. 4. After the expiration of any contract now ex-
a[iowed.ng t0 * isting, no convict, sentenced to the punishment of hard la-
bor in any prison of this Commonwealth, shall be employed
in the business of engraving or printing of any kind.
Physician's Sect. 5. The compensation of the physician of the
compensation. State Prison shall be four hundred dollars per annum, pay-
able quarterly,
Repeal. Sect. 6. All acts or parts of acts, inconsistent with the
provisions of this act, are hereby repealed.
Sect. 7. This act shall take effect from and after its
passage. [Approved by the Governor, May 3, 1850.]
Chop 290. An Act authorizing the Lake Rock Granite Company to construct a
Branch Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Route of road Sect. 1. The Lake Rock Granite Company are hereby
L0y3fieeiding '" authorized to locate, construct, and maintain a branch rail-
road, with one or more tracks, commencing at their quar-
ries in Lynn field, and extending to and terminating at the
South Reading Branch Railroad, at some convenient point
near the Lynnfield Hotel, easterly from the Newburyport
Turnpike, at which point it is to be united with said South
Powers and da- Reading branch, with proper turnouts and switches ; with
rSs ch 39 44 a'l tne Powers an(l privileges, and subject to all the duties,
and other stat- ' liabilities and restrictions, set forth in the forty-fourth chap-
MeoneerniDg ter of the Revise(j Statutes, and in that part of the thirty-
1850. Chap. 290—292. 467
ninth chapter of said statutes relating to railroad corpora-
tions, and in all other laws which have been or shall here-
after be made relating to railroad corporations in this
Commonwealth, so far as the same are applicable to said
company.
Sect. 2. The amount of real estate held by said com- Real estate.
pany, and of the capital stock of said company, shall not Capital stock.
exceed the amount named in their act of incorporation.
Sect. 3. If the location of said railroad be not filed Filing ofioca-
within one year, and if the same be not completed within 'on' . . .
/• i e- i • n Completion of
two years from the passage oi this act, then this act shall road.
be void. [Approved by the Governor, May 3, 1850.]
An Act for the better Preservation of Order at Muster-Fields, and other C/ICIJ) 291.
places of Public Gathering.
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 selectmen of any town, upon complaint made to Selectmen on
them, under oath, that the complainant has reason to be- oathf may abate
lieve, and does believe, that any booth, shed, or other tern- any booth, shed,
' , • i • -i r &c, within a
porary erection, situated within one mile oi any muster- miieofamus-
field, cattle-show ground, or other place of public gathering, ter-field, &c
is used and occupied for the sale of spiritous or fermented
liquors, or for the purpose of gaming for money, or other
property, may, if they consider the complaint well founded,
order the owner or occupant thereof to vacate and close
the same immediately ; and if the owner or occupant
shall refuse or neglect so to do, the said selectmen may
forthwith abate such booth, shed, or other temporary erec-
tion, as a nuisance, and pull down or otherwise destroy the
same, in any manner they may choose, or through the
agency of any force, civil or military, which they may see
fit to employ. [Approved by the Governor, May 3, 1850.]
An Act requiring Returns from Superintendents of Alien Passengers. GflQJ) 292.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The superintendents of alien passengers shall, Return of mon-
on or before the fifteenth day of December of each year, Usurer of'? '°
make returns of all moneys, by them received and expend- Commonwealth.
ed, to the treasurer of the Commonwealth ; and said returns
shall show the details of every account for which said mon-
eys have been received and expended.
Sect. 2. All acts or parts of acts, inconsistent herewith,
are repealed. [Approved by the Governor, May 3, 1850.]
468
1850.
-Chap. 293—294.
Chap 293.
In Essex.
In Worcester.
In Norfolk.
Li Bristol.
In Plymouth.
In Barnstable.
An Act in addition to " An Act to change the Names of the Persons
therein mentioned."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Laura Todd, of Lynn, may take the name of Laura Ma-
ria Walden ; Samuel Capen Bancroft, of Salem, may take
the name of Sidney Chapin Bancroft ; Cyrus Killam, of
Boxford, may take the name of Cyrus K. Bartlett ; the
hereafter-named family of Lynn, may take the following
names : Joseph T. Guilford may take the name of Torry
Peabody ; Matilda Hartland Guilford may take the name
of Matilda Hartland Peabody ; Joseph Guilford may take
the name of Torry Peabody, junior; Almiria Guilford may
take the name of Almiria Newhall Peabody ; Frances Peabo-
dy Guilford may take the name of Frances Peabody; Abby
Ann Guilford may take the name of Abby Ann Peabody,
all of Essex county. Hopestill Davis Baker, of Athol, may
take the name of Mary Hopestill Baker, of Worcester coun-
ty. Charles Richard Gallup, of Roxbury, may take the
name of Charles Henry Eversdyk Gallup, of Norfolk coun-
ty. Stephen Macy, of New Bedford, may take the name
of Franklin Macy, of Bristol county. William H. Hill, of
Abiugton, may take the name of Eugene Bray, of Ply-
mouth county. Ebenezer Holway, of Provincetown, may
take the name of Ebenezer W^ing Holway, of Barnstable
county. And the several persons before named, from and
after the passage of this act, shall be known and called by
the names which by this act they are respectively allowed
to assume as aforesaid, and the same shall hereafter be con-
sidered as their own proper and legal names. [Approved
by the Governor, May 3, 1850.]
Chap 294,
Cities and
towns may
adopt rules
concerning-
anrv, &c.
Penalties.
An Act concerning Truant Children and Absentees from School.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Each of the several cities and towns in this
Commonwealth is hereby authorized and empowered to
make all needful provisions and arrangements concerning
habitual truants, and children not attending school, with-
out any regular and lawful occupation, growing up in igno-
rance, between the ages of six and fifteen years; and also
all such ordinances and by-laws, respecting such children,
as shall be deemed most conducive to their welfare, and
the good order of such city or town ; and there shall be
annexed to such ordinances, suitable penalties, not exceed-
1850. Chap. 294—295. 469
ing, for any one breach, a fine of twenty dollars : provided, Proviso.
that said ordinances and by-laws shall be approved by the
court of common pleas for the county, and shall not be
repugnant to laws of the Commonwealth.
Sect. 2. The several cities and towns, availing them- How rules to
selves of the provisions of this act, shall appoint, at the beenforce,i-
annual meetings of said towns, or annually by the mayor
and aldermen of said cities, three or more persons, who
alone shall be authorized to make the complaints, in every
case of violation of said ordinances or by-laws, to the jus-
tice of the peace, or other judicial officer, who, by said
ordinances, shall have jurisdiction in the matter, which
persons, thus appointed, shall alone have authority to carry
into execution the judgments of said justices of the peace
or other judicial officer.
Sect. 3. The said justices of the peace, or other judi- Truants, &<?.,
cial officers, shall in all cases, at their discretion, in place po^dof.e S
of the fine aforesaid, be authorized to order children, proved
before them to be growing up in truancy, and without the
benefit of the education provided for them by law, to be
placed, for such periods of time as they may judge expe-
dient, in such institution of instruction or house of refor-
mation, or other suitable situation, as may be assigned or
provided for the purpose, under the authority conveyed by
the first section of this act, in each city or town availing
itself of the powers herein granted. [Approved by the
Governor, May 3, 1850.]
An Act in addition to " An Act concerning Weights, Measures, and Bal- Qhdp 295.
ances." -*
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 treasurer of the Commonwealth is hereby author- New towns to
ized and directed to furnish to the treasurer of each town
in this Commonwealth, which has been incorporated since
the year one thousand eight hundred and forty-eight, and
for which the same has not already been furnished, and
also to the treasurer of each town that shall hereafter be
incorporated, a complete set of the standard weights, meas-
ures and balances, such as was furnished to the then sev-
eral towns, under authority of an act passed on the tenth
day of May, one thousand eight hundred and forty-eight,
to be cared for, kept in repair, adjusted and sealed, in the
manner prescribed in said act : provided, that the cost of Proviso as to
each set shall not exceed the sum of one hundred and fifty cost'
dollars. And the governor is hereby authorized to draw
470
1850.
■Chap. 295—297.
warrants accordingly.
3, 1850.]
[Approved by the Governor, May
Chap 296.
Woodcocks or
snipes not to be
killed in Au-
gust.
Robins and
larks not to be
killed at any
season.
Repeal.
An Act in addition to the several Acts for the better Preservation of Use-
ful Birds.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The time in which it is made unlawful for
any person to kill or destroy any birds called woodcocks or
snipes shall be extended from the first day of August to
the first day of September, and it shall not be lawful to
kill or destroy robins or larks at any season of the year.
Sect. 2. So much of the acts to which this is in addi-
tion as is inconsistent herewith is hereby repealed. [Ap-
proved by the Governor, May 3, 1850.]
Trustees.
Ch(tp 297. A" Act to incorporate the Trustees of the Richardson School Fund in
Attleborough.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. John Daggett, Samuel Carpenter, Willard
Blackington, Lucus Daggett, Daniel Claflin, Noah Bland-
ing, Seba Carpenter, Elkanah Briggs, Forrist Foster, Gard-
ner Dunham, and Draper Parmenter, and their successors,
are hereby incorporated, by the name of the Trustees of
the Richardson School Fund in Attleborough, with full
power and authority to fill any vacancies which may at any
time occur, and to make and establish all needful regula-
tions and by-laws for their own government and the se-
curity and management of the said fund, and any personal
and real estate the said corporation may lawfully hold in
executing the provisions of the will hereinafter named.
Sect. 2. The said trustees shall have power, and it
shall be their duty, to receive, secure, invest, hold and man-
age the said fund and estate, and divide and pay over the
income thereof, according to the last will and testament of
Abiather Augustus Richardson, under which the said trus-
tees are appointed and chosen.
Sect. 3. The said corporation may appoint such offi-
cers as their by-laws may provide, who shall be elected in
the manner therein provided ; and the present officers of
the board shall hold their offices till others are chosen in
their places.
Sect. 4. The said trustees may establish such rules and
regulations for the distribution and appropriation of the in-
Vacancies, (re
pealed, postea
eh. 306.)
Bv-laws.
Power and
duty.
Officers.
Distribution,
&c, of income
of fund.
1850. Chap. 297—298. 471
come of said fund, in the support of the free schools men-
tioned in said will, as they may deem expedient, and the
by-laws heretofore adopted shall remain in force till altered
or rescinded by said trustees : provided, the said rules, regu- Proviso.
lations and by-laws do not conflict with the purposes of
said will or the laws of the Commonwealth.
Sect. 5. Two thirds of the members for the time being, Quorum.
of said board of trustees, shall constitute a quorum.
Sect. 6. The person first named in this act may call First meeting.
the first meeting of the trustees, by giving each of them
notice in writing at least seven days before the time of said
meeting. [Approved by the Governor, May 3, 1850.]
An Act in addition to an Act incorporating the Proprietors of Central CIlClp 298.
Bridge.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics :
Sect. 1. The Central Bridge Corporation shall have or free passage
power and authority to grant to each and every holder of a over " ge'
share or shares, of the capital stock of said bridge, a right
to pass over said bridge free of toll, instead of and as a
substitute for dividends, as now made and received upon
said shares, subject to such regulations, as to the holding
and transferring of same, as said corporation may make.
Sect. 2. Whenever a fund of three thousand dollars Bridge, when to
shall be received by said corporation from tolls or other- be free'
wise, after this act shall take effect, said bridge shall be
made free by said corporation to all persons ; and the inter-
est of said fund, or as much thereof as shall be necessary,
shall be expended in the repairs and expenses of said bridge.
Sect. 3. Said corporation shall have power and author- Fund may be
ity, with the assent of the towns of Lowell and Dracut, to 'jpoocfto #5000
levy a toll upon all persons passing said bridge, according J°r support of
to the rates by law now established, whenever, in their opin- " ge'
ion, it may be necessary to increase said fund to the amount
of five thousand dollars, or to defray any extraordinary
repairs or improvements upon the same : provided, however, Proviso as to
that the period within which it shall be lawful to take tolls IXc^t'oii's"
upon said bridge, shall not, in any event, exceed five years must be taken-
from the date of the passage of this act.
Sect. 4. This act shall not take effect unless all the When to take
holders of said stock shall assent in writing thereto, nor effect'
unless the city of Lowell, by its government, and the town
of Dracut, shall give their assent thereto. [Approved by
the Governor, May 3, 1850.]
between the
two towns
472 1850. Chap. 299—301.
Chan 299. An Act providing Commissioners for the towns of Chelsea and North
Chelsea.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
County com- Sect. 1. The county commissioners, within and for the
w'kknesex °f> county of Middlesex, shall exercise and perform, in the
havejurisdic- towns of Chelsea and North Chelsea, all the powers and
and North6 "ea duties conferred by law on county commissioners, so far as
Chelsea. the exercise of the same shall be applicable to said towns.
The inhabitants Sect. 2. The inhabitants of Chelsea and North Chel-
NoSlcheisea? sea' at ^E3^ meetings to be called in the month of April, in
to vote for com- every year, when county commissioners are appointed to
of MaidTesex.'' be chosen in said county of Middlesex, shall be entitled to
vote for such commissioners in the manner provided in the
general laws.
Expenditures Sect. 3. The compensation of said commissioners, in
the exercise of all the powers and duties applicable to
said towns of Chelsea and North Chelsea, shall be paid,
two thirds by the town of Chelsea and one third by the
town of North Chelsea.
Sect. 4. This act shall not affect any legal proceedings
already commenced.
When to take Sect. 5. This act shall take effect whenever the same
shall be accepted by the towns of Chelsea and North Chel-
sea, at legal meetings of the inhabitants.
Repeal. Sect. 6. All acts inconsistent with this act are hereby
repealed. [Approved by the Governor, May 3, 1850.]
Chap 300. An Act in relation to Real Estate in the County of Nantucket.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
18*Vh. 102 The several acts in relation to real estate in Nantucket,
pealed. passed March twenty-third and April twenty-second, in the
year one thousand eight hundred and forty-seven, authoriz-
ing a majority in interest to control the whole of certain
lands therein named, be and the same are hereby repealed.
[Approved by the Governor, May 3, 1850.]
An Act relative to School Districts.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Of taxing real Sect. 1. In raising and assessing money in the several
estate and ma- school districts, all real estate and machinery, belonging to
any manufacturing establishment, whether incorporated or
Chap S01.
chinery of man-
1850. Chap. 301—302. 473
not, shall be taxed in the school districts where the same ufaciuring es-
are situated. tabiishmen.s.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 3, 1850.]
An Act authorizing the Braintree and Weymouth Turnpike Corporation Qhap 302.
to erect two additional Toll Gates.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Braintree and Weymouth Turnpike One half of
Corporation, from and after the passage of this act, are betaken0 *
hereby authorized to demand and receive, at each of the
two toll gates heretofore established upon said turnpike
road, the one-half of the sums now authorized and estab-
lished by law, and no more.
Sect. 2. The said corporation are hereby furthermore Two other gates
authorized to establish one other toll gate on said turnpike iished?Sa "
road, any where between Tuft's store, so called, and Rich-
ards' meadow, so called ; and also, another toll gate upon
said turnpike road, any where between the store formerly
kept by Benjamin Newcomb and Quincy line, with the
right to demand and receive, at each of the aforesaid gates,
the like sums in tolls, for the various description of travel Toils.
passing said gates, that are hereby authorized to be taken,
under this act, at the two gates already established.
And the same exemptions from tolls shall be made at Exemptions.
the gates established by this act, as were made by the orig-
inal charter, at the gates there established.
Sect. 3. Whenever any town, or individuals, shall pe- When the two
tition the county commissioners of the counties in which fcam0sve™y be
said turnpike road is located, to have said turnpike, within
any town, laid out as a public highway, if the said turnpike
corporation shall refuse to assent to said petition, and ac-
cept of such award as the commissioners of either county
shall make, after a view and hearing in the premises, to
said turnpike corporation for the franchise of that part of
said turnpike within any town, or of the whole turnpike
road in all the towns through which it passes, then the two
additional gates authorized by this act shall be removed,
and the authority to take tolls at them is hereby annulled.
[Approved by the Governor, May 3, 1850.]
61
474
1850.
-Chap. 303—304.
Chcip 303. -^n Act t° extend and punish the crime of Larceny in certain cases.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, as follows :
The taking, without the consent of the owner and with
a felonious intent, of any beast or bird ordinarily kept in a
state of confinement, and not being the subject of larceny
at common law, shall be held to be larceny, and any per-
son so taking any such beast or bird shall be punished in
the manner provided in the Revised Statutes, for the pun-
ishment of persons guilty of the crime of larceny. [Ap-
proved by the Governor, May 3, 1850. J
Taking beasts
or birds, ordina
rily confined.
'Chap 304.
An additional
prison.
Alterations and
improvements.
#100,000 ap-
propriated.
Two commis-
sioners to be ap-
pointed by gov-
ernor and coun-
cil, with warden
to superintend,
iScc.
To defray ex-
penses under
the act, and to
provide for ex-
penses in the es-
tablishment of
Stale Reform
School, treasur-
er of Common-
wealth to issue
scrip not ex-
ceeding #175,-
000, redeemable
in ten years.
An Act relating to the enlargement of the State Prison, and to the ex-
penses of such enlargement, and of the State Reform School.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. There shall be erected, within the limits of
the State Prison yard in Charlestown, an additional prison,
between the present old and new prison buildings, and to
connect with the same, said prison to be built of unham-
mered stone, in general conformity to the plan and specifi-
cations which accompany this act, and the easterly wing of
the present old prison shall also be altered and improved in
conformity to the accompanying plan and specifications,
and one hundred thousand dollars are hereby appropriated
for the payment of the expenses of such erection and the
alterations consequent thereon.
Sect. 2. The governor, with the advice of the council,
is hereby authorized to appoint two commissioners, who,
with the warden of the State Prison, shall superintend the
erection of said additional prison, and their accounts shall
be rendered quarterly to the auditor of accounts, and the
governor is requested, to draw warrants, from time to time,
for their payment.
Sect. 3. In order to defray any expenses incurred in
pursuance of this act, or to pay any sums borrowed as herein-
after authorized, and also to repay any expense incurred in
the establishment of the State Reform School, and not pro-
vided for by the statutes of eighteen hundred and forty-nine,
chapter two hundred and fourteen, the treasurer is hereby
authorized, under the direction of the governor, by and
with the advice and consent of the council, to issue scrip
or certificates of debt, in the name and behalf of the Com-
monwealth, to an amount not exceeding one hundred and
seventy-five thousand dollars, redeemable in ten years from
1850. Chap. 304—306. 475
the date thereof, and bearing interest at the rate of five per
cent, per annum, payable semi-annually : and all such scrip
shall be countersigned by his excellency the governor,
and the faith of the Commonwealth is hereby pledged for
the redemption of the same, as above provided. And the Proviso.
treasurer may, under the direction of the governor, with
the advice and consent of the council, dispose of any portion
of said scrip, at any price not less than the original par value.
Sect. 4. The treasurer, under the direction of the gov- Treasurer may
ernor, by and with the advice and consent of the council, 5^010 of the °
may borrow in anticipation of any of the scrip authorized scrip.
as above, of any of the banks of the Commonwealth, or of
any corporations or individuals, such sums as may be neces-
sary for the purposes of this act : provided, that the whole Proviso as to
amount borrowed by authority hereof, and remaining un-
paid, shall at no time exceed the amount of one hundred
and seventy-five thousand dollars.
Sect. 5. This act shall take effect from and after its
passage. [Approved by the Governor, May 3, 1850.]
An Act in addition to an Act to establish a Police Court in the City of Chap 305.
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 :
Sect. 1. The standing justice of the police court in the Compensation
city of Worcester shall receive, out of the fees which he is °iCe.a" n°J
now entitled by law to receive, to his own use, a sum not
exceeding twelve hundred dollars annually, which shall be
in full for his own services as justice and clerk of said
court : provided, however, that whenever the compensa- Proviso.
tion, to which the special justices of said court are enti-
tled by existing provisions of law, shall exceed the sum of
two hundred and fifty dollars in any one year, the said
standing justice shall pay said excess out of the amount
which he is allowed to retain for his own use as herein
provided.
Sect. 2. All acts and parts of acts, inconsistent with
the foregoing provisions, are hereby repealed. [Approved
by the Governor, May 3, 1850.]
An Act in addition to an Act to incorporate the Trustees of the Richard- Chap 306.
son School Fund. Ante cli. 297.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
That so much of the said act as provides for filling va- Provision con-
cancies in the board of trustees named in said act, is hereby va&anfies ire?
repealed. [Approved by the Governor, May 3, 1850.] pealed.
476
1850.
-Chap. 307—308.
Chap 307.
Secretary, trea-
surer, and au-
ditor to settle
certain matters,
&c, connected
with sales of
public lands.
Laud agent not
to sell any of
the lands with-
out written ap-
proval of the
above named.
Permits to cut
off limber, ccc.
Sealed propo-
sals therefor
above a settled
minimum.
An Act in relation to Commissioners of the Public Lands.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The secretary, treasurer and auditor are hereby
authorized and empowered to compromise, adjust and fully
and finally to settle justly and equitably and as the interests
of the Commonwealth may require, all the matters, claims
and controversies which, according to the report of the com-
mittee on the subject of the public lands, of the Legislature
of last year, made at the present session, exist and remain
unsettled, and all matters, claims and controversies between
the Commonwealth and any person or persons existing and
growing out of the sales of the public lands or of the pro-
ducts thereof.
Sect. 2. The land agent shall not hereafter sell any of
said lands except with the written approval of said com-
missioners, but shall and may, so often as in his opinion the
public interest may require, offer to sell and give permits
to cut and take off the timber on any prescribed lot or lots,
for and during such term as said land agent shall fix in ad-
vance therefor ; and said land agent shall also fix in advance
and hold as private, a minimum price for such permits, and
advertise for sealed proposals : said proposals shall be opened
in the land office, and the highest bidder, provided his offer
be not less than the minimum price, and that he give the
required security, shall be the purchaser entitled to such
permit.
Sect. 3. All acts or parts of acts inconsistent herewith
are hereby repealed. [Approved by the Governor. May 3,
1850.]
CllCtp 308. A" Act to require certain Corporations to make Returns to Assessors.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. It shall be the duty of all the corporations
named in the first section of the ninety-eighth chapter of
the laws of the year eighteen hundred and forty-three, ex-
cepting mutual insurance companies, annually, between the
first and tenth day of May, to make return by mail, or
otherwise, to the assessors of every city or town in this
Commonwealth, in which any shareholder in such corpora-
tion may reside, the name of each owner residing in such
city or town, with the number of shares belonging to such
stockholder, on the first day of May of that year, and the
par value of such shares, and shall also state the whole
Returns of
ownership of
stock, how to
be made.
1850. Chap. 308—309. 477
amount of the capital stock of such corporation, and the
amount of real estate and machinery which was last as-
sessed to said corporation, in the city or town where the
place of business of said corporation is situated : provided,
however, that for the current year such returns shall be
made within thirty days from the passage of this act.
Sect. 2. If any one of said corporations shall refuse or Penalty for neg-
neglect to make such returns, or shall make any false re- or making false
turn, such corporation, so offending, shall forfeit, for every return,
such offence, a sum not less than fifty dollars, nor more
than one thousand dollars, to the use of any city or town in
which any such shareholder may reside, to be recovered by
action of debt, in the name of the treasurer of said city or
town, in any court of competent jurisdiction.
Sect. 3. All provisions of law requiring such returns to Repeal,
be made by the clerks or other officers of said corporations,
are hereby repealed. But nothing in this act contained
shall affect any action now pending, or any right or cause
of action, existing when this act shall take effect.
Sect. 4. This act shall take effect from and after its
passage. {Approved by the Governor, May 3, 1S50.]
An Act to incorporate the Town of Melrose. Chdp 309.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. All that part of the town of Maiden, in the Boundaries,
county of Middlesex, which lies north of the following line,
to wit : beginning at the monument set up at the junction
of the towns of Saugus, North Chelsea, and Maiden ; thence
running north eighty-eight degrees twelve minutes west, to
the town of Medford, said line, where it crosses Main
street, so called, being one hundred and sixty-seven feet
south of the milestone standing on the easterly side of said
street, south of the dwelling-house of Joseph Lynde, 2d,
and on Washington street, one hundred and twenty-two
feet north of the land of Robert T. Barrett on said street,
and the most northerly corner of said Barrett's land, adjoin-
ing land of John J. Mahoney, is hereby incorporated into a
town, by the name of Melrose ; and the said town of Mel-
rose is hereby vested with all the powers, privileges, rights, Powers, &c.
and immunities, and made subject to all the duties and
regulations, to which other towns are entitled and subjected
by the constitution and laws of this Commonwealth.
Sect. 2. The inhabitants of said town of Melrose shall Of taxes,
be holden to pay all arrearages of taxes, legally assessed
upon them before the passage of this act, and also their
478
1850.-
-Chap. 309.
Paupers
Debts.
Division of
property.
First meeting.
proportion of such state and county taxes as may be as-
sessed upon them before the taking of the next state valua-
tion, (said proportion to be ascertained and determined by
the last town valuation of the town of Maiden,) to the
treasurer and collector of said town ; and all moneys, now
in the treasury of said town of Maiden, or may hereafter be
received from taxes already assessed, or directed to be as-
sessed, shall be applied to the purposes for which they were
raised and assessed, in like manner as if this act had not
been passed.
Sect. 3. The said towns of Maiden and Melrose shall
be respectively liable for the support of all persons who now
do, or hereafter shall, stand in need of relief as paupers,
whose settlement was gained by, or derived from, a settle-
ment gained or derived within their respective limits.
Sect. 4. The inhabitants of the town of Melrose shall
be holden to pay their just and equitable proportion of all
debts due from said town of Maiden, and shall be entitled
to receive their just and equitable proportion of the value
of all property, real and personal, and of all assets now
owned and held by said town of Maiden ; and in case said
towns shall not agree in respect to a division of property,
funds, debts, town paupers, or state or county taxes, the
court of common pleas for the county of Middlesex shall,
upon the petition of either town, appoint three competent
and disinterested persons to hear and award thereon, and
their award, or the award of any two of them, being accept-
ed by said court, shall be final.
Sect. 5. Any justice of the peace, within and for the
county of Middlesex, may issue his warrant, directed to
any principal inhabitant of the town of Melrose, requiring
him to notify and warn the inhabitants thereof, qualified to
vote in town affairs, to meet at the time and place therein
appointed, for the purpose of choosing all such town offi-
cers as towns are, by law, authorized and required to choose
at their annual meetings. Such justice, or, in his absence,
such principal inhabitant, shall preside until the choice of
moderator of said meeting.
Sect. 6. The town of Melrose are hereby made liable
to pay all expenses that may legally accrue in consequence
of the action of the county commissioners of the county of
Middlesex, upon any petition now pending over any way
in the town aforesaid.
Sect. 7. This act shall take effect from and after its
passage. [Approved by the Governor, May 3, 1850.]
1850. Chap. 310. 479
An Act to establish a Police Court in the Town of Pittsfield. Chan 310.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folio ws :
Sect. 1. A police court is hereby established in the Comiestah-
town of Pittsfield, to consist of one learned, able, and dis- lb,ef
creet person, to be appointed and commissioned by the
governor, pursuant to the constitution, to take cognizance Duties.
of all crimes, offences and misdemeanors, committed within
the town of Pittsfield, whereof justices of the peace now
have, or may hereafter have, jurisdiction. And the court
hereby established shall hear and determine all suits, com- Powers.
plaints and prosecutions, in like manner as is by law pro-
vided for the exercise of the powers and authority which
are or may be vested in justices in the peace, and shall do
all acts necessary to, and consistent with, such powers and
authority. And the said police court shall also have origi- jurisdiction.
nal jurisdiction and cognizance of all suits and actions which
may now, or at any time hereafter, be heard, tried, and
determined, before any justice of the peace in county of
Berkshire, and exclusive jurisdiction whenever all the par-
ties reside in Pittsfield, and service of the writ is had on
the defendant in said county ; and no writ, in any such ac-
tion or suit, shall be made returnable before any justice
of the peace within said town of Pittsfield, but to said
police court only ; and an appeal shall be allowed from all Appeal,
judgments of said police court, in like manner and to the
same extent, that appeals are now allowed by law from
judgments of justices of the peace ; and the justice of said
police court shall not be of counsel or attorney to any party,
in matter or thing whatsoever, which may be pending in
said court.
Sect. 2. All warrants issued by said court shall be Of warrants,
made returnable, and shall be returned, before said court ;
and no warrant shall be issued by any justice of the peace,
within the county of Berkshire, except by the standing
justice or. one of the special justices of said court, for any
crime or offence committed within said town of Pittsfield.
Sect. 3. All fines and forfeitures, and all costs in crim- Fines, forfeit-
inal prosecutions which shall be recovered by, or paid into l„Trin"ii)ai0S :
the hands of, the justice of said court, shall be by him cases, how
, i /. i . i , • ,, accounted for.
accounted for and paid over to the same persons in the
same manner and under the same penalties, as are by law
prescribed in cases of justices of the peace. All costs in such
prosecutions not thus received shall be made up, taxed, cer-
tified and allowed, and shall be paid, in like manner as is
provided by law in cases of justices of the peace.
480
1850.-
-Chap. 310.
Proviso.
Courts, when to
be hold.
Compensation. Sect. 4. The justice of said court shall be allowed to
retain for his annual compensation, out of the fees received
by him for his services as said justice, the sum of three
hundred dollars for each year, and in the same proportion
for any part of a year ; provided, his fees for services in
criminal business amount to the said sum of three hundred
dollars per year, if not, he shall be allowed to retain what-
ever sum of money said fees amount to ; and the said jus-
tice shall, on or before the first day of January of each
year, pay over to the county treasurer of the county of
Berkshire, all the surplus fees received by him from said
criminal business over and above said sum of three hun-
dred dollars.
Sect. 5. A court shall be held by said justice, at some
convenient and suitable place, to be provided at the expense
of the said town of Pittsfield, on two several days of each
week, at nine of the clock in the forenoon, and as much
oftener as may be necessary, to take cognizance of crimes,
offences and misdemeanors ; and said courts may be ad-
journed, from day to day, by the justice thereof, and at
such other times as may be necessary for the trial of civil
suits and actions ; and the justice of said court shall, from
time to time, establish all necessary rules for the orderly
and uniform conducting of the business thereof. Com-
plaints may be received and warrants issued by him, at all
reasonable times when said court is not in session.
Sect. 6. The justice of said court shall be allowed, as
a compensation for his services, in the trial and determina-
tion of civil suits cognizable by said court under this act,
to tax, receive and retain, the same fees now allowed by
law to justices of the peace in civil cases.
Sect. 7. The justice of said court shall keep a fair rec-
ord of all proceedings in said court, and shall make return
to the several courts of all legal processes, and of his
doings therein, in the same manner as justices of the peace
are now required by law to do ; and he shall also, annually,
in the month of January, exhibit to the selectmen of the
town of Pittsfield, a true and faithful account of moneys
received by him.
Sect. 8. All suits, actions, and prosecutions, which
shall be instituted and pending before any justice of the
peace within the town of Pittsfield, when this act shall
take effect, shall be heard and determined as though this
act had not been passed.
Sect. 9. There shall be appointed by the governor, by
and with the advice and consent of the council, two spe-
cial justices of said court ; and whenever it shall happen
Fees in civil
cases.
Record.
Of pending
suits, &c.
Two special
iuslices.
1850. Chap. 310—312. 481
that the standing justice of said court shall be interested in
any suit or prosecution, cognizable in said court, or shall,
from any cause, be unable to hold said court, or discharge
any of the duties required of him by this act, the said spe-
cial justices shall have power to issue the processes of said
court, and to hear and determine any matter or cause pend-
ing therein, the said cause being assigned on the record by
the standing or special justice ; and such special justice, for
services so rendered, shall be paid by the standing justice, Compensation.
out of his salary, such sums as justices of the peace are paid
for like services.
Sect. 10. The governor shall have power, by and with Appointment
the advice and consent of the council, to appoint said jus-
tice and special justices at any time after the passage of
this act.
Sect. 11. This act shall take effect from and after its
passage. [Approved by the Governor, May 3, 1850.]
An Act to incorporate the Ladies' Physiological Institute of Boston and Chap 311.
vicinity.
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 :
Sect. 1. Eunice H. Cobb, Ann M. Kendall, C. E. N. Corporators.
Kimball, Sarah Goodridge, Rebecca W. Cleverly, their as-
sociates and successors, are hereby made a corporation, by
the name of the Ladies' Physiological Institute of Boston
and vicinity, for the purpose of promoting, among women,
a knowledge of the human system, the laws of life and
health, and the means of relieving sickness and suffering ;
with all the powers and privileges, and subject to all the Powers and da-
duties, liabilities and restrictions, set forth in the forty- l^esg . 44
fourth chapter of the Revised Statutes.
Sect. 2. Said corporation may, for the purpose afore-
said, take and hold real and personal property to an amount Real and per-
not exceeding fifty thousand dollars. [Approved by the sonal estatc-
Governor, May 3, 1850.]
An Act to extend the time for Locating the Troy and Greenfield Railroad. Chap 312.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The time within which the location of the Troy and Time extended
Greenfield Railroad may be filed, is hereby extended to berlsi&&o.cem"
the first day of December next. [Approved by the Gov-
ernor, May 3. 1850.]
62
482 1850. Chap. 313.
CIlClj) 313. An Act to incorporate the Washington Mutual Life Insurance Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. H. H. Darling, M. B. Dean, R. G. W. English,
their associates and successors, are hereby made a corpora-
tion, by the name of the Washington Mutual Life Insur-
In Springfield, ance Company, in the town of Springfield, for the purpose
Powers and du- of making insurance on lives ; with all the powers and
iTs ch m privileges, and subject to all the duties, liabilities and re-
strictions, set forth in the forty-fourth chapter of the Re-
vised Statutes.
Guaranty stock, Sect. 2. There shall be an original guaranty capital
5100,000. stock subscribed to the said corporation, which shall be one
hundred thousand dollars, to be divided into shares by the
corporation, half of which shall be paid in, in money, be-
fore the said corporation shall go into operation for the pur-
pose of making insurance ; the other half of said stock may
be called for by the directors, from time to time, when they
deem it necessary or expedient, and shall be paid in by the
holders of the stock, which shall always stand pledged to
the corporation for all such assessments so called for.
Choice of di- Sect. 3. At the first meeting of the corporation, a num-
ber of directors, not less than eight, shall be chosen by the
subscribers to the guaranty stock, who shall hold their offi-
ces for one year, and until others are chosen in their stead ;
at all subsequent elections of directors, the number shall be
such as may be provided for by a previous vote of the di-
rectors, not less than seven, or by-law of the corporation ;
and in case of no provision on this subject, the number shall
be the same as at the first election, one-half of whom shall
be elected by the stockholders, and the other half by the
assured, voting in separate bodies ; the directors shall all be
either stockholders or assured, and on ceasing to be such,
shall cease to hold said office.
Dividends, Sect. 4. Whenever the net surplus receipts of the cor-
made.t0 b° poration over the losses and expenses, and after providing
for risks, shall be sufficient for the purpose, the stockhold-
ers shall be entitled to an annual dividend of seven per
centum, or to such less dividend as may be agreed upon at
the time of subscribing for the stock; and in case such
dividend not being made in any one year, it shall be made
good at a subsequent period, when the net resources of the
company shall be sufficient for paying the same,
investment of Sect. 5. The funds of said corporation shall be invested
funds. m stocks 0f the United States, of the State of Massachu-
setts, of the city of Boston, and in notes, secured by mort-
1850. Chap. 313—314. 483
gage of unincumbered real estate in this Commonwealth,
worth three times the amount loaned thereon. Said com-
pany may hold real estate to an amount not exceeding ten Real estate,
thousand dollars, for the purpose of securing suitable. Offices
for the institution.
Sect. 6. After providing for risks, losses, incidental ex- Reserved fund
penses, and dividends, as aforesaid, the directors shall set guartutyTtofk.
apart one-quarter of the estimated surplus funds and re-
ceipts, as a reserved fund, to be applied to the redemption
of the guaranty stock ; and whenever, after the expiration
of ten years from the time of organizing the company, the
amount of such reserved fund shall be sufficient for the
purpose, and the assured shall vote to redeem the said guar-
anty stock, the same shall be redeemed.
Sect. 7. Upon the redemption and extinguishment of Directors, when
the guaranty stock, under the provisions of the sixth sec- ^assured" b>
tion, the directors shall be chosen by the assured.
Sect. 8. At the expiration of every period of five years Dividend of rc-
from the time of the organization of the company, the re- "naming sur-
maining three-quarters of the estimated surplus funds and
receipts shall be reimbursed to and among the assured, in
proportion to the whole amount of premiums paid during
the preceding five years.
Sect. 9. The said corporation shall, on the third Mon- Of payments to
day of January, in every year, pay over to the trustees of sachuseusGcn8'
the Massachusetts General Hospital, one-third of the net Hospital.
profits, if any, which shall have arisen from insurance on
lives, made during the preceding year. [Approved by the
Governor, May 3, 1850.]
An Act for the appointment of Trial Justices. Chtti) 314.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The governor, with the advice and consent of Trial justices in
the council, shall appoint and commission suitable persons bTappotoedby
in each county, to be trial justices in the county for which governor and
they are respectively appointed, who shall hold their offices C0U1K1
for the term of seven years from the date of their com-
missions.
Sect. 2. The said trial justices, before entering upon Oaths,
the duties of their office, shall respectively take and sub-
scribe the oaths or affirmations required to be taken by per-
sons appointed to civil office, by the governor, with the
advice and consent of the council, under the constitution
and laws of the Commonwealth.
Sect. 3. Said trial justices shall have and exercise all
484
1850.
-Chap. 314.
Jurisdiction,
&c, of said jus
tices.
Jurisdiction of
justices of the
peace, how af-
fected by this
act.
Same.
Police courts
not affected.
Of justices of
peace and of
the quorum.
Of pending pro-
cess.
the jurisdiction, power and authority that justices of the
peace and justices of the peace and quorum, in the re-
spective counties, now have and exercise, under and by
virtue of the laws of this Commonwealth ; and all the pro-
visions in the laws of this Commonwealth shall apply to
said trial justices, and to their jurisdiction, acts and pro-
ceedings, in like manner as they now apply to justices of
the peace and justices of the peace and quorum, and their
respective jurisdiction, acts and proceedings.
Sect. 4. Such provisions of the laws of this Common-
wealth as give jurisdiction in the trial of civil actions, and
the issuing of writs and entering of judgments therein, to
justices of the peace, and also such provisions as give juris-
diction in criminal cases in the examination and trial of
offenders, to justices of the peace, are hereby repealed, so
far as the jurisdiction, power and authority of justices of
the peace therein are concerned, saving and excepting that
justices of the peace may have and exercise the same juris-
diction, power and authority to receive complaints and
issue warrants (other than search warrants,) in criminal
cases, as they now have and exercise ; but said warrants
shall require that the officer serving such process shall
bring the party therein charged before any of the trial jus-
tices for the same county, and the subsequent proceedings
shall be conducted before the trial justice, in like manner
as though the warrant had been issued by any of the trial
justices.
Sect. 5. Such provisions of law as give jurisdiction,
power and authority to justices of the peace, under the acts
for the maintenance of bastard children, and under the acts
for taking recognizances for debts, are hereby repealed, so
far as the jurisdiction, power and authority therein, of jus-
tices of the peace, are concerned.
Sect. 6. Nothing in this act contained shall affect the
jurisdiction, power and authority of any police court, duly
established by law in any city or town of this Common-
wealth, or of the justices' court of the county of Suffolk ; and
justices of the peace and justices of the peace and quorum
shall continue to have and exercise the same jurisdiction,
power and authority as they now have and exercise, excepting
so far as their jurisdiction, power and authority are abridged
by the provisions of the fourth and fifth sections of this act.
Sect. 7. This act shall not affect any cases or proceed-
ings now commenced, or that shall be hereafter commenced
before this act shall take effect ; and the justice of the peace
before whom any such cases or proceedings may be com-
menced or pending, at the time this act shall take effect.
1850. Chap. 314—315. 485
shall have the same jurisdiction, power and authority in
respect to them, as they now have in like cases.
Sect. S. The time set for the trial of any cause in any Time of day (or
writ returnable before any of the trial justices, shall not be tnals-
earlier than nine o'clock in the forenoon, nor later than
four o'clock in the afternoon.
Sect. 9. No judgment of any trial justice shall be con- Of the regular-
sidered regular, unless he shall be present with the plain- j„g°. pro
tiffs writ, at the place appointed for trial, within one hour
after the time set in such writ, or unless the case be con-
tinued by some justice, pursuant to the provisions of the
acts of the year one thousand eight hundred and forty-
eight.
Sect. 10. One hour from the time set in a writ for the At what time
trial of a civil action, is allowed to the parties to appear ; {"/fmeTe^&c.
at the expiration of which time, judgment may be entered
by such trial justice, on nonsuit or default, against the party
who shall not appear.
Sect. 11. Within twenty-four hours after judgment, on within what pe-
nonsuit or default, as provided in the preceding section, the default may be
trial justice rendering such judgment may, in his discre- stricken off.
tion, on motion of either party, strike off such nonsuit or
default, and revive the action, on such terms as he may
judge reasonable.
Sect. 12. This act shall take effect from and after the When to take
first day of July next; but the governor shall have power, fuseuces "o be e"
by and with the advice and consent of the council, to ap- appointed,
point said trial justices, and said trial justices may be duly
qualified at any time after the passing of this act. [Ap-
proved by the Governor, May 3, 1850.]
An Act in addition to " An Act in relation to the State Library." CJlClt) 315.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
So much of the second section of an act entitled "an Repeal ofpow-
act in relation to the State library," passed on the ninth received b°°ks
day of April, in the year one thousand eight hundred and through interna-
fifty, as provides that the trustees of the State library may tlona excian£e-
sell such books as have been or may hereafter be received
by virtue of the system of international exchanges, is here-
by repealed. [Approved by the Governor, May 3, 1850.]
486 1850. Chap. 316—317.
Ok(lt) 316. An Act in addition to an Act for supplying the City of Boston with Pure
-* Water.
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 :
Of tender of Sect. 1. In every case of a petition to the court of
compensation , , r , P -,
for damans. common pleas by any person, for the assessment of dam-
ages, as provided in the sixth, seventh and eighth sections
of the act to which this is in addition, the city of Boston,
by any of its officers, may tender to the complainant, or
his attorney, any sum that it shall think proper, or may
bring the same into court, to be paid to the complainant
for the damages claimed in his petition ; and if the com-
plainant shall not accept the same, with his costs up to
that time, but shall proceed in the suit, he shall be entitled
to his costs up to the time of the tender, or such payment
into court, and not afterwards, and the said city shall be
entitled to recover its costs afterwards, unless the com-
plainant shall recover greater damages than were so offered.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 3, 1850.]
'~Ohctp 317. An Act m addition to an Act concerning the Harbor of Boston.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The line of that part of the harbor of Boston,
lying between West Boston bridge and the Boston and
1840, ch. 35. Roxbury mill-dam, which was established by an act passed
on the seventeenth day of March, one thousand eight hun-
1841, ch. 60. dred and forty, and altered by an act passed on the sixth
day of March, one thousand eight hundred and forty-one,
is hereby farther altered, and shall hereafter run as follows,
Line altered, that is to say : — Beginning at the southwesterly corner of
the pier wharf, situate on the southerly :;ide of West Bos-
ton bridge ; thence running southwesterly in a straight
line, in a direction to a point on the northerly side of said
Boston and Roxbury mill-dam, which point is ten hundred
and eighty-six feet distant from a brick building standing
at the corner, on the easterly side of Charles street and
northerly side of Beacon street, until it comes to a line
running parallel with said mill-dam, and two hundred feet
distant from the northerly side thereof, then uniting with
a line established by said act, passed on the seventeenth
day of March, one thousand eight hundred and forty.
No wharf, &c, Sect. 2. No wharf, pier building, or incumbrance of
to be extended anv kjnci snaii hereafter be extended beyond said line
beyond tins line. J ' J
1850. Chap. 317—319. 487
herein established, into or over the tide water in said
harbor.
Sect. 3. The proprietors of the wharves and flats, lying Of wharves am!
between West Boston bridge and the Boston and Roxbury wlttEE"
mill-dam, are hereby authorized to extend their wharves, bridge and the
and the lines of their respective flats, to the said last men- mill"dam
tioned line, in a direction at right angles thereto : provided. Proviso.
that no person's legal rights shall be infringed thereby.
Sect. 4. This act shall take effect only if, and on con- When to lake
dition that, the proprietors of said wharves and flats shall e ect'
cause a good and substantial sea-wall to be built and
maintained on said last mentioned line through its whole
length. [Approved by the Governor, May 3, 1850.]
An Act in addition to "An Act to authorize the extension of certain CJlClD 318.
Wharves 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 :
Such of the wharves in Fore Point channel in Boston Wharves in
harbor, between Arch wharf and Wales' wharf, as have fhannefbe-
been authorized to be extended prior to the act of April tween Arch
thirtieth, of the present year, authorizing the extension of waTel^wharf,
certain wharves in the harbor of Boston, but which have llow to be ex-'
not yet been so extended, shall, if hereafter extended, in
whole or in part, by virtue of the act to which this is in
addition, be extended only at right angles to the line of
said channel, established by the act passed on the seven-
teenth day of April, of the present year, " additional to
an act to preserve the harbor of Boston, and to prevent en-
croachments therein," and in conformity with the provisions
of the act to which this is in addition. [Approved by the
Governor, May 3, 1850.J
An Act concerning Notifications of Creditors of Insolvent Estates. Chat) 319
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
That at all meetings of creditors of insolvent estates, Personal or
except the first, personal or written notice need not be £[itten nb^ice-
given to the creditors, unless thereto specially required, by given.
an order of the commissioner of insolvency, before whom
the case is pending. [Approved by the Governor, May 3,
RESOLVES
PASSED BY THE
Cccjtstatme of iltas0ael)U0dt0.
Resolve authorizing the Treasurer to borrow Money in anticipation of the Chap. 1.
Revenue.
Resolved, That the treasurer of this Commonwealth be To borrow noi
and he hereby is authorized to borrow, in anticipation of l^noff
the receipts of the present year, of any of the banks of this
Commonwealth, or of any corporation therein, or of any in-
dividual or individuals, such sum or sums of money as may
from time to time be necessary for the payment of the ordi-
nary demands on the treasury, at any time before the expi-
ration of fifteen days after the meeting of the next General
Court : and that he repay any sum he may borrow, as soon
as money sufficient for the purpose, and not otherwise apr
propriated, shall be received into the treasury : provided,
however, that the whole amount borrowed by authority
hereof, and remaining unpaid, shall not at any time exceed
the sum of two hundred thousand dollars. [Approved by
the Governor, January 17, 1850.]
R esolv es in favor of the establishment of a National Board of Agriculture. Chap. 2.
Resolved, That of the various modes in which the indus-
trial energies of the people are made to operate, there is
none, which contributes more to the increase of the wealth
and prosperity of the nation, and to the security of its per-
manent happiness and honor, than the intelligent and scien-
tific practice of agriculture ; that there is none, which can
more fitly appeal to the national government for encourage-
ment and protection ; — none, to which a wise and saga-
cious administration will more cheerfully and promptly di-
rect its paternal countenance and guardianship.
Resolved, That the Legislature of Massachusetts eam-
63
490 1850. Chap. 2—3.
estly and respectfully commend to the immediate consid-
eration of Congress, the adoption of measures, which shall
have for their peculiar object, the improvement of this im-
portant branch of domestic industry ; and, in order to give
efficacy to any such measures, they suggest the expediency
of the establishment of a Board of Agriculture, empowered
and directed to stimulate ingenuity and industry, by the
offer of suitable premiums and rewards for improvements,
in the implements of husbandry ; for successful experi-
ments, developing the capacity of different soils for appro-
priate productions ; for the best methods of destroying
noxious insects, and preventing diseases, which often dis-
appoint the fairest prospects of the husbandman, and for
improving the breeds and qualities of all useful domestic
animals ; — to correspond with similar institutions in foreign
countries, to the end that our agriculturists may profit by
the intelligence and experience of scientific cultivators in
other parts of the Avorld ; — and to collect, from every avail-
able source, and to distribute to every state in the Union,
such productions of other regions, as may be deemed profit-
able or desirable for cultivation, for the purpose of adding
to the general wealth and prosperity of the nation, and of
contributing to the common stock of refinement, comfort
and happiness.
Resolved, That the governor be requested to transmit a
copy of these resolves to each of our senators and repre-
sentatives in Congress ; and that they be requested to use
all proper efforts to ensure the accomplishment of the ob-
jects herein contemplated. [Approved by the Governor,
^February 4, 1850.]
C/lCt)) 3 Resolve on the petition of the Parish of Grace Church in the town of
1 ' Medford.
Ofthecopyof Resolved, for the reasons set forth in said petition, that
the record of its t}ie time within which the clerk of the parish of Grace
proceedings to . , __ .- . . . 1 . ,
he left with town Church, in the town of Medford, is authorized to leave
HerkofMed- w^ tne town cjerk 0f tile town 0f Medford, a copy of the
record of the proceedings of the meeting at which the said
church was organized as a corporation, be extended to the
expiration of ten days from the time when this resolve
shall be approved by the governor, and if the said copy of
the record of proceedings shall be left with the said town
clerk, to be recorded within the same period, then all the
proceedings of said church shall be held valid, in the same
manner as if the copy of the said record had been left with
the town clerk, within ten days after the meeting at which
the said church was organized as a corporation. [Approved
by the Governor, February 7, 1850.]
1850.— Chap. 4—8. 491
Resolve in favor of Daniel Walker. CIlClD. 4.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Daniel Walker, of Rut- s;7j allowed.
land, in the county of Worcester, the sum of seventy-five
dollars per annum during his natural life, for his services in
the war of the Revolution ; said sum to be paid annually
on and after the fourth day of March, one thousand eight
hundred and fifty, and that warrants be drawn accordingly.
[Approved by the Governor, February 7, 1850.]
Resolve to pay the Expenses incurred by the erection of Fountains in the1 ^aOJ). O.
State House yard.
Resolved, That there be allowed and paid, out of the p,329 35 ai-
treasury of this Commonwealth, to the several persons
named in the accompaning roll, the sums set against their
names respectively, amounting to the sum of two thousand
three hundred and twenty-nine dollars and thirty-five
cents, the same being in full discharge of the accounts to
which they refer, and that a warrant be drawn accordingly.
[Approved by the Governor, February 7, 1850.]
Resolve in favor of Mary C. Bolton, of Boston. CllCtl) (5
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Mary C. Bolton, of Bos- $n 50 allowed.
ton, the sum of forty-one dollars and fifty cents, in full for
the services of her late husband, William Bolton, deceased,
rendered to the third brigade second division Massachusetts
militia, while on camp duty at Concord, in August last, and
that a warrant be drawn accordingly. [Approved by the
Governor, February 7, 1850.]
Resolve on the petition of the Overseers of the Poor of the town of Lynn. Chaj). 7.
Resolved, That the account of the overseers of the poor Account to be
of the town of Lynn, for the support of State paupers, for audited.
the year ending November first, eighteen hundred aud forty-
eight, be sent to the auditor of accounts, to be examined
by him, and when found to be correct, that the auditor
certify the same to the governor, according to the provis-
ions of the fifty-sixth chapter of the acts of the year eighteen
hundred and forty-nine, and that a warrant be drawn for
the payment to the treasurer of said town of the amount
found to be due on said account. [Approved by the Gover-
nor, February 14, 1850.]
Resolve on the petitions of the Overseers of the Poor of the several rihnrts yt
towns of Whately, South Hadley and Deerfield. O/Wip. O.
Resolved, That the accounts of the overseers of the poor Accounts to w
of the towns of Whately, South Hadley and Deerfield, be auditcd-
492 1850.- Chap. 8—12.
transmitted to the auditor of accounts for examination, and
when found to be correct, that the auditor certify the same
to the governor, according to the present usage in such
cases, and that warrants be drawn accordingly, for .the pay-
ment, to the treasurers of said towns, of the amount found
to be due on said accounts respectively. [Approved by the
Governor, February 14, 1850.]
CIlCW. 9. Resolve on the petition of the Overseers of the Poor of the city of
" ' Roxbury.
Account to be Resolved, That the account of the overseers of the poor
audited. of the city of Roxbury, for the support of State paupers,
for the year ending November first, eighteen hundred and
forty-eight, be sent to the auditor of accounts, to be exam-
ined by him, and, when found to be correct, that the audi-
tor certify the same to the governor, according to the pro-
visions of the fifty-sixth chapter of the acts of the year
eighteen hundred and forty-nine, and that a warrant be
drawn for the payment to the treasurer of said city, of the
amount found to be due on said account. [Approved by
the Governor, February 15, 1850.]
Chap. 10. Resolve in favor of Mary Davis.
Resolved, That there be allowed and paid, out of the
574 allowed, treasury of this Commonwealth, to Mary Davis, of New-
bury, in the county of Essex, the sum of seventy-four
dollars, annually, during her natural life, in full for the
revolutionary services of her husband, Robert Davis, de-
ceased, said allowance to commence on the fourth day of
March next, and that warrants be drawn accordingly. [Ap-
proved by the Governor, February 19, 1850.]
Ch(lp. 1 1. Resolve in favor of the County of Berkshire.
Resolved, That there be allowed and paid, out of the
5190 no, state treasury of the Commonwealth, to the treasurer of the
lunatic pan- county of Berkshire, the sum of one hundred and ninety
dollars and eighty cents, in full for the support of two State
lunatic paupers, from the first day of January to the first
day December, one thousand eight hundred and forty-nine,
and that a warrant be drawn accordingly. [Approved by
the Governor, February 22, 1S50.]
Ch(lV. 1 2. Resolve in favor of Zebina C. Newcomb.
Resolved, That there be paid, out of the treasury of the
5.30 G7 allowed. Commonwealth, to Zebina C. Newcomb, executor of the
will of Richard E. Newcomb, deceased, for the benefit of
his estate, the sum of thirty dollars and sixty-seven cents,
1850. Chap. 12—16. 493
being the balance of his salary as judge of probate for the
county of Franklin, from the time of his decease to the
first day of July last, when that sum, as quarterly payment
of his salary, was due and payable, and that a warrant be
drawn accordingly. [Approved by the Governor, February
22, 1850.] .
Resolve in favor of the town of East Bridge-water. Chap. 13.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the 59 10 for pau-
town of East Bridgewater in the county of Plymouth, the Pers-
sum of nine dollars and ten cents, in full for the support of
State paupers, to the first day of November, in the year
one thousand eight hundred and forty-eight, and that an
order be drawn therefor accordingly. [Approved by the
Governor, February 25, 1850.]
Resolve in favor of the town of North Bridgewater. Chap. 14.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the town #74 76 for
of North Bridgewater, in the county of Plymouth, the state paupers.
sum of seventy-four dollars and seventy-six cents, in full
for the support of State paupers, to the first day of Novem-
ber, in the year one thousand eight hundred and forty-
eight, and that a warrant be drawn therefor accordingly.
[Approved by the Governor, February 25, 1850.]
Resolve in favor of the town of Rehoboth. Chan 15
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the ^iss C3, state
town of Rehoboth, in the county of Bristol, the sum of paupers.
one hundred and eighty-eight dollars and sixty-three cents,
in full for the support of State paupers, for the year ending
on the first day of November, in the year one thousand
eight hundred and forty-seven, and that a warrant be drawn
accordingly. [Approved by the Governor, February 25,
1850.]
Resolve in favor of the town of Hancock. Chap. 16.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the $si 50, State
town of Hancock, in the county of Berkshire, the sum of papers,
sixty-one dollars and fifty cents in full for the support of
State paupers, to the first day of November, in the year one
thousand eight hundred and forty-eight, and that a warrant
be drawn accordingly. [Approved by the Governor, Feb-
ruary 25, 1850.]
494 1850. Chap. 17—21.
Chap. 17. Resolve on the petition of Maria B. Seaver and another.
Resolved, for reasons set forth in said petition, that John
H. Pearson, of Boston, merchant, be and hereby is author-
ized and empowered to pay over to Maria B. Seaver, the
sum of four hundred and thirty-one dollars and sixty-nine
cents, which he now holds in trust for her. and her in-
dividual receipt shall be a good and sufficient voucher for
said payment. [Approved by the Governor, February 27,
1850.]
Chap. 18. Resolve in favor of the County of Middlesex.
Resolved, That the account of the county of Middlesex,
Aecount for for the support of lunatic state paupers, for the year eight-
tobeaSSd!™ een hundred and forty-nine, be transmitted to the auditor
of accounts for examination, and, when found to be correct,
that the auditor certify the same to the governor, and that
a warrant be drawn for the payment to said county of the
amount found to be due on said account. [Approved by
the Governor, February 27, 1850.]
Chap. 19. Resolve on the petition of the Overseers of the Poor of the town of
r' Middleton.
#37 Go, State Resolved, That there be allowed and paid, out of the
jjaupers. treasury of the Commonwealth, to the treasurer of the
town of Middleton, the sum of thirty-seven dollars and
sixty-five cents, in full discharge of all claims by said
town, for the support of State paupers, for the year one
thousand eight hundred and forty-eight, and that a warrant
be drawn accordingly. [Approved by the Governor, Feb-
ruary 27, 1850.] /
Chap. 20. Resolve on the petition of the Overseers of the Poor of the town of
*■' Ashland.
g80 82ai- Resolved, That, for reasons set forth in said petition,
lowed. there be allowed and paid, out of the treasury of the Com-
monwealth, to the treasurer of the town of Ashland, the
sum of eighty dollars and eighty-two cents, in full dis-
charge of the account therein referred to, and that a war-
rant be drawn accordingly. [Approved by the Governor,
February 27, 1850.]
— . j
Char) 21 Resolve granting Taxes for the several Counties.
Resolved, That the sums placed against the names of
the several counties in the following schedule, are hereby
granted, as a tax for each county respectively, to be as-
sessed, paid, collected and applied, according to law, viz : —
County of Essex, thirty-two thousand six hundred dollars ;
1850. Chap. 21—23. 495
county of Middlesex, seventy-two thousand two hundred
and six and T70% dollars ; county of Worcester, forty thou-
sand dollars ; county of Hampshire, nine thousand dollars ;
county of Hampden, twenty-one thousand five hundred
dollars; county of Franklin, ten thousand dollars; county
of Berkshire, fifteen thousand dollars ; county of Norfolk,
twenty-six thousand dollars ; county of Plymouth, fourteen
thousand dollars ; county of Bristol, twenty-five thousand
dollars ; county of Barnstable, six thousand five hundred
dollars ; county of Dukes, two thousand dollars. [Ap-
proved by the Govern or, March 1, 1850.]
Resolve for the equitable settlement of Claims against Nathaniel H. Dil- Qhat). 22.
lingham and others. ■*
Resolved, That Nathaniel H. Dillingham, William H. Released from
Dow, Josiah Towle, Solomon Parsons, William Parsons, payment of cer-
Samuel L. Hunt, and Theodore H. Dillingham, noworS.06
late of Bangor, in the state of Maine, be and they hereby are
released from their personal liability to pay their four notes
of hand given to the treasurer of this Commonwealth, on
the fourteenth day of September, eighteen hundred and
forty-seven, each for the sum of four thousand one hundred
and twenty-eight dollars and fifty-three cents, and due in
one, two, three, and four years, from the date thereof, re-
spectively, which were given for the purchase of township
numbered five, range thirteen, and the north part of num-
ber four, range thirteen, west from the east line of the state
of Maine ; provided, that the said Nathaniel H. Dillingham, Proviso.
William H. Dow, Josiah Towle, Solomon Parsons, William
Parsons, Samuel L. Hunt, and Theodore H. Dillingham,
shall pay as damages, such sum as shall be fixed upon by
the land agents of Massachusetts and Maine, said sum not
to be less than the amount they have already paid ; and to-
wards which sum for damages the aforesaid persons shall be
allowed the money advanced by them towards the purchase
of said tracts of land; and provided further, that the said
Dillingham and the other grantees of said land shall exe-
cute a release to the Commonwealth of all their right, title,
and interest, in said lands, and all claim to stumpage. And
the treasurer of this Commonwealth, on the delivery of the
release aforesaid, shall cancel said notes, and retain them on
the files of his office, for the purpose of upholding the title
of the Commonwealth to said lands. [Approved by the
Governor, March 1, 1850.]
Resolve on the petition of Josiah Towle and Solomon Parsons. Chat). 23.
Resolved, That the land agent of Massachusetts be au-
496
1850.
-Chap. 23—26.
Released from
liabilities as
sureties.
Proviso.
Chap. 24.
,51000 allowed.
Chap. 25.
5-130 12 al-
lowed.
State paupers.
thorized to release and discharge Josiah Towle and Solomon
Parsons from their liability to the Commonwealth, as sure-
ties of George W. Towle, and William Towle, for the sum
of three thousand four hundred and sixty-six dollars and
seventy cents, upon the payment by them in cash of three
hundred and eighty one dollars and thirty-four cents, or
eleven per cent, of the demand, within six months after the
passage of this resolve. [Approved by the Governor, March
1, 1850.]
Resolve concerning the State Normal Schools.
Resolved, That the sum of one thousand dollars be ap-
propriated for the support of the State Normal schools, un-
der the direction of the Board of Education, which, together
with the sums appropriated for that object by former re-
solves, namely, the eighty-second chapter of the resolves
of the year one thousand eight hundred and forty-seven,
and the eighty-ninth chapter of die resolves of the year
one thousand eight hundred and forty-nine, shall be in full
therefor to the first day of January, in the year one thousand
eight hundred and fifty-three, the said sum to be deducted
from the proceeds of sales of the public lands, or the school
fund, according to the provisions of the act of the year one
thousand eight hundred and forty-six. chapter two hundred
and nineteen, entitled, " an act to designate the fund for
the payment of the salary of the land agent, and of appro-
priations for educational purposes." And his excellency
the governor, by and with the advice and consent of the
council, is authorized to draw his warrant accordingly.
[Approved by the Governor, March 5, 1850.]
Resolve in favor of the town of Richmond.
Resolved, That there be allowed and paid, out of the trea-
sury of the Commonwealth, to the treasurer of the town of
Richmond, in the county of Berkshire, the sum of four hun-
dred and thirty dollars and twelve cents, in full for the sup-
port of Dorcas Burt, a State lunatic pauper, to the first day of
November, in the year one thousand eight hundred and
forty-eight, and that a warrant be drawn therefor accordingly.
[Approved by the Governor, March 5, 1S50.]
Chap. 26.
To visit town
and school dis-
trict.
Resolve authorizing- the Board of Education to appoint Agents.
Resolved, That the board of education be and they are
hereby authorized to appoint two or more suitable agents,
to visit the town and school districts, in such parts of the
Commonwealth as may seem expedient to the board, for
the purpose of inquiring into the condition of the schools,
1850.— Chap. 26—29. 497
lecturing upon subjects connected with education, and, in
general, of giving and receiving information, in the same
manner as the secretary of the board would do if he were
present ; and that to defray the expense of the same, his Compensation.
excellency the governor, with the advice and consent of the
council, is authorized to draw his warrant for a sum not
exceeding two thousand dollars, to be charged upon the
income of the school fund. [Approved by the Governor.
March 6, 1850.]
Resolve authorizing a Survey of the Flats in Back Bay. Chap. 27.
Resolved, That the governor is hereby authorized, with
the advice and consent of the council, to appoint some Engineer to sur-
competent engineer to make, as early as practicable, an accu- vcy fla,s"
rate survey of the flats lying within the mill-dam, called
Back Bay, for the purpose of ascertaining and perpetuat-
ing the line of the rights of the owners of adjoining lands,
agreeably to the ordinance of sixteen hundred and forty-one.
[Approved by the Governor, March 11, 1S50.]
Resolve upon the petition of William A. Wheeler. Chan 28
Resolved, That for reasons set forth in said petition,
William A. Wheeler be and he hereby is authorized to lay Authorized to
. ■* J lay clown a rail-
down, maintain and use railroad tracks in Worcester, di- road track in
verging from the present track of the Worcester and Nashua clru^coridi"
Railroad where the track of said Wheeler is now laid be- tions.
tween Exchange and Central streets, and running thence
across Central and Thomas streets, or either of them : pro-
vided, the said Worcester and Nashua Railroad Corporation
shall first assent to said intersection and laying down of said
track or tracks ; and provided, a plan of such proposed tracks
shall be filed with the city clerk of Worcester, and be ap-
proved by the mayor and aldermen of said city ; and pro-
vided also, that no more than three tracks shall be laid down
across Central street, nor more than one across Thomas
street, which track shall be laid, constructed and maintained
in a manner satisfactory to said mayor and aldermen of said
city, and shall be removed whenever the city council of
said city shall so determine. [Approved by the Governor.
March 12, 1850.]
Resolve on the petition of Sarah W. Hale. Ch(ll) *?9
Resolved, for reasons set forth in the said petition, that
the said Sarah W. Hale be and she is hereby authorized May sell estate
and empowered to sell at any time, at public or private d^^^r
sale, at her discretion, and convey any and all of the real vate sale,
estate hereinafter described, to wit : sundry lots or parcels
64
498
1850.-
-Chap. 29—30.
of pasture land, containing in all about one hundred and
twenty acres, more or less, lying and situate in a large
" common pasture," so called and improved ; said pasture
being partly in Newburyport and partly in Newbury, in
the county of Essex, and Commonwealth of Massachusetts,
and. is part and parcel of the '•' fourth general pasture," so
called, in what was formerly Newbury. One other lot or
parcel of land, situate in Newburyport, aforesaid, bounded
westerly on Orange street, easterly on land of Abraham
Wheelwright, and containing about fifteen rods, more or
less, with a dwelling-house and wood-house thereon ; one
other lot situate on Essex street, and bounded easterly on
said street, southerly on land of Charles Whipple, with a
dwelling-house and barn thereon, and containing about
twelve rods, more or less ; one other lot, bounded easterly
by Middle street, southerly by Fair street, westerly by land
of Benaiah B. Titcomb, and northerly by land of the heirs
of Eleazer Johnson, deceased, containing about twenty
rods, more or less, with a dwelling-house and barn thereon.
Also one other lot, situate in Newbury aforesaid, containing
about twelve rods, more or less, and bounded northerly by
South street, and westerly by Hancock street, with a dwell-
ing-house thereon. And the said Sarah W. Hale shall pay
over the proceeds of such sales to the surviving trustee ap-
pointed in and by the last will and testament of Moses
Brown, late of Newburyport, aforesaid, merchant, deceased,
and the said trustee shall hold and securely invest the
same upon the same limitations, and for the same uses and
ultimate disposal, as is provided in the will aforesaid re-
specting the said real estate : provided, that before any such
sale shall be made, the said Sarah W. Hale shall give sat-
isfactory bonds, with good and sufficient surety or sureties
to the judge of probate for the county of Essex, that she
will faithfully execute the power hereby given to her, and
will pay over to the said trustee, the proceeds of any and
all sales made by her under this resolve ; and provided also,
that the said trustee shall first give like satisfactory bonds
to the said judge of probate, that he will faithfully hold
and invest, agreeably to the requirements of this resolve, ail
moneys or other proceeds that shall be received by him, for
or on account of any sales . made under the same. [Ap-
proved by the Governor, March 14, 1850.]
Chan '30 ^ESOLVE to confirm a sale of Land by the Treasurer of the Commonwealth.
a . , Resolved, That the sale and conveyance made by Eben-
bale and con- n-n /• 1 ^ i ,.
\ eyancc, as set ezer Bradbury, treasurer of the Commonwealth, on behalf
forth, confirm- 0f the Commonwealth, by deed dated December tenth, in
(Jt the proceet
of sale — how
held and in-
vested.
Proviso as to
bonds by peti-
tioner.
By trustee.
1850. Chap. 30—33. 499
the year one thousand eight hundred and forty-nine, re-
corded with Suffolk deeds, in book numbered six hundred
and six, on leaf numbered one hundred and sixty-two, to
Marshall S. Brooks and Edward W. Saunders, of a certain
estate, situate in Harrison avenue, in the city of Boston, in
said county of Suffolk, being the same, the title of which
had become vested in the Commonwealth, by foreclosure
of a mortgage made to Joseph Barrett, the late treasurer of
the Commonwealth, by Rufus F. Brooks and Stephen P.
Brooks, dated April twenty-second, in the year one thou-
sand eight hundred and forty-five, recorded with Suffolk
deeds, in book numbered five hundred and forty-two, on
page numbered two hundred and eight, be and the same is
hereby confirmed. [Approved by the Governor, March
14, 1850.]
Resolve for the pay of the Valuation Committee. Clldl) 31
Resolved, That there be paid out of the treasury of this
Commonwealth, to each member of the valuation com- #3 per day.
mittee, three dollars for each and every day's attendance as
such, and two dollars for every ten miles travel, from their
respective places of abode, to the place of the sitting of said
committee ; and that warrants be drawn, for the payment
of their roll, and for the payment of their clerk. [Approved
by the Governor, March 14, 1850.]
Resolve in favor of the town of Somerville. C/ldD. 32.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the town #i4o 33, State
of Somerville, the sum of one hundred and forty-five dol- Paui>ers-
lars and thirty-three cents, in full for the support of a State
pauper while sick with ship fever, in the year one thou-
sand eight hundred and forty-nine, and that a warrant be
drawn therefor accordingly. [Approved by the Governor,
March 15, 1850.]
Resolve in favor of the County of Essex. Chdl). 33.
Resolved, That the account of the county of Essex, for
the support of sundry State lunatic paupers, from the first Accounts for
of January to the thirtieth of November, in the year eisht- Slate luHia,'c
.-iii/. ., . i ° paupers to !>e
een hundred and forty-nine, be transmitted to the auditor audited,
of accounts for examination, and, when found to be correct,
that the auditor certify the same to the governor, according
to the present provisions of law in such cases, and that a
warrant be drawn for the payment to the treasurer of the
county of Essex, of such sum as shall be found to be due
on said account. [Approved by the Governor. March 15,
1850.]
500
1850.-
-Chap. 31—36.
Chap. 34.
May sell estate
described at
public or pri-
vate sale.
Deed of peti-
tioner, how to
operate.
Proviso.
Resolve on the petition of Edward Blake, Administrator.
Resolved, for the reasons set forth in said petition, that
said Edward Blake be and he is hereby authorized arid
empowered to sell, either at public or private sale, for cash
or on credit, and convey, in fee simple, by a good and suffi-
cient deed, a certain lot of land, situated in that part of
Boston called South Boston, bounded northeasterly by a
twenty feet street, which lies between fifth and sixth
streets, there measuring twenty-one feet ; southeasterly by
land of Foley, fifty-five feet ; southwesterly by land of
Jesse Parker, twenty-one feet ; and northwesterly by land
of William Blake, fifty-five feet, being the same premises
which were conveyed to Edward McGrane by Jesse Parker,
by deed dated December 30th, eighteen hundred and forty-
six, and recorded with Suffolk deeds, liber 603, folio 165 ;,
and the deed, thus to be given by said Blake, shall operate
to grant to the purchaser of said premises, his heirs and
assigns, all the right, title and interest of the Common-
wealth in and to said premises ; and said Blake shall ac-
count to the judge of probate for the county of Suffolk,
for the proceeds of such sale in the settlement of the
estate of Edward McGrane, and as part of the assets thereto
belonging : provided, however, that, previous to said sale,
the said administrator shall give bond to the judge of
probate for the county of Suffolk, to account for all pro-
ceeds of such sale. [Approved by the Governor, March
15, 1850.]
Chap). 35,
#51 10, State
pauper.
Resolve in favor of the town of Swanzey.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the
town of Swanzey, in the county of Bristol, the sum of fifty-
one dollars and ten cents, in full for the support of State
paupers, for the year ending on the first day of November,
in the year one thousand eight hundred and forty-seven,
and that a warrant be drawn therefor accordingly. [Ap-
proved by the Governor, March 15, 1850.]
Chap. 36.
#25 55, State
pauper.
Resolve in favor of the town of Granville.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the
town of Granville, in the county of Hampden, the sum of
twenty-five dollars and fifty-five cents, in full for the sup-
port of a State pauper, one year to the first day of Novem-
ber, one thousand eight hundred and forty-eight, and that
a warrant be drawn therefor accordingly. [Approved by
the Governor, March 15, 1850.]
1850. Chap. 37—40. 501
Resolve on the petition of Jemima E. Nyman. Chcil). 37.
Resolved, for the reasons set forth in said petition, that
Jemima E. Nyman, of Maiden, in the county of Middle- Authorized io
sex, widow, be and she hereby is authorized and empow- ^ reafesSte
ered, notwithstanding her being an alien, to hold any and
all real estate within this Commonwealth, which has here-
tofore been conveyed to her, and any which may hereafter
be conveyed to her, and to convey and dispose of the same,
by deed, will, and otherwise, in the same manner as if she
were a citizen of this Commonwealth, and that in case of
her dying intestate, all such real estate belonging to her
shall descend to her heirs in the same manner as if she
were a citizen. [Approved by the Governor, March 15,
1850.]
Resolve on the petition of the Overseers of the Poor of the town of Chap. 38.
Tisbury.
Resolved, That the account of the overseers of the poor Account to be
of the town of Tisbury, for the support of a State pauper, au lte '
for the year ending November first, eighteen hundred and
forty-eight, be sent to the auditor of accounts for examina-
tion, and, when found to be correct, that the auditor certify
the same to the governor, according to the present usage in
such cases, and that a warrant be drawn for the payment,
to the treasurer of said town, of the amount found to be
due on said account. {Approved by the Governor, March
18, 1850.]
Resolve in favor of the town of Nantucket. Chap. 39.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the $366 44, state
town of Nantucket, the sum of three hundred and sixty-six PauPers-
dollars and forty-four cents, for the support of State pau-
pers, to the first day of November, in the year one thou-
sand eight hundred and forty-nine, and that a warrant be
drawn therefor accordingly. [Approved by the Governor,
March 18, 1850.]
Resolve upon the petition of Dwight Foster. CllCip. 40.
Resolved, for reasons set forth in said petition, that the
sale of certain real estate of Patrick Henry, late of Worces- Sale of real
ter, in the county of Worcester, deceased, and situated at Worcester con-
the corner of Brown and Beach streets in said Worcester, firmed,
made at public auction, on the twenty-second day of Feb-
ruary, in the year eighteen hundred and fifty, by William
Jennison, administrator of said Henry, under a license of
the judge of probate for the county of Worcester, be and
502
1850.-
■Chap. 40—45.
the same is hereby confirmed, so far as the Commonwealth
may have any right or interest in said estate by escheat.
[Approved by the Governor, March 19, 1850.]
Chan 41 Resolve in favor of the County of Hampden.
Resolved, That there be allowed and paid, out of the
SH9 75,iunatic treasury of the Commonwealth, to the treasurer of the
state paupers, county of Hampden, the sum of one hundred and nineteen
dollars and seventy-five cents, in full for the support of
lunatic state paupers, to the first day of December, in the
year one thousand eight hundred and forty-nine, and that
a warrant be drawn therefor accordingly. [Approved by
the Governor, March 19, 1850.]
Chap. 42.
#29 20, State
paupers.
Resolve in favor of the town of Brimfield.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the
town of Brimfield, in the county of Hampden, the sum of
twenty-nine dollars and twenty cents, in full for the sup-
port of State paupers, to the first day of November, in the
year one thousand eight hundred and forty-eight, and that
a warrant be drawn therefor accordingly. [Approved by
the Governor, March 19, 1850.]
Chau 43 Resolve in favor of the District of Marshpee.
Resolved, That there be allowed and paid, out of the
#299 45, state treasury of the Commonwealth, to the treasurer of the
paupers. district of Marshpee, in the county of Barnstable, the sum
of two hundred and ninety-nine dollars and forty-five cents,
in full for the support of State paupers, to the first day of
November, in the year one thousand eight hundred and
forty-nine, and that a warrant be drawn therefor accord-
ingly. [Approved by the Governor, March 19, 1850.]
Chap. 44.
#99 88, State
paupers.
Chap. 45.
Resolve in favor of the town of Braintree.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the town
of Braintree, in the county of Norfolk, the sum of ninety-
nine dollars and eighty-eight cents, in full for the support
of State paupers, for the year ending on the first day of
November, in the year one thousand eight hundred and
forty-eight, and that a warrant be drawn therefor accord-
ingly. [Approved by the Governor, March 19, 1850.]
Resolves concerning the Washington National Monument.
Resolved, That the Legislature of Massachusetts gladly
participate with the public authorities of the other states of
1850. Chap, 45—47. 503
the American Union, in an expression of profound regard
for the memory of George Washington.
Resolved, That the Hon. Lysander Richards, of duincy,
on the part of the senate, and Moses Kimball, Esquire, of
Boston, on the part of the house of representatives, be au-
thorized and instructed to provide and transmit to the site
of the National Monument, erecting at Washington, to the
memory of George Washington, to be placed in said monu-
ment, a suitable block of Massachusetts granite, with the
arms of this State and the word, Massachusetts, cut in
relief on its face, and the governor is hereby authorized to
draw his warrant to defray the expenses incurred in the
discharge of this service.
Resolved, That the Commonwealth of Massachusetts
makes this contribution, not in the belief that stone or
marble can add any thing to the glory of Washington, but
in gratitude for her share of the common inheritance of his
great name. [Approved by the Governor, March 20, 1850.]
Resolve in favor of James Hayward. Ch(M). 46.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to James Hayward, of 575 allowed.
Worcester, the sum of seventy-five dollars per annum dur-
ing his natural life for revolutionary services, said sum to
be paid annually, on and after the fourth of April, in the
year one thousand eight hundred and fifty, and that war-
rants be drawn accordingly. [Approved by the Governor,
March 20, 1850.]
Resolve on the petition of the American Baptist Missionary Union and Chap. 47.
the Massachusetts Baptist State Convention.
Be it resolved, for the reasons set forth in said petition, To confirm an
that, in lieu of the perpetual annuity of four hundred agreement
dollars, which the American Baptist Missionary Union is, 0f Prudence
by the will of Prudence Far well, late of Cambridge, in the t^™ne";ebtw0
county of Middlesex, deceased, required to pay to the petitioning
Massachusetts Baptist State Convention, and, in satisfac- bod,es-
tion of said annuity, said union may pay to said conven-
tion the sum of six thousand six hundred and sixty-six
dollars and sixty-seven cents, (being a sum of which the
annual interest at six per cent, is four hundred dollars ;) and
whenever the said sum of six thousand six hundred and
sixty-six dollars and sixty-seven cents, may be received
from said union by said convention, it shall be held by
said convention in trust, and duly invested as a permanent
fund, and the income thereof be applied for the purposes
expressed in the will of said Prudence Farwell in regard
504 1850. Chap. 47—50.
to the said annuity of four hundred dollars ; and as soon
as said convention shall have received of said union said
sum of money in lieu and satisfaction of said perpetual
annuity of four hundred dollars, all the real and personal
property, devised and given hy said Prudence Farwell's
said will and the codicil thereto to said union, by the name
of the General Convention of the Baptist Denomination in
the United States for Foreign Missions, and other impor-
tant objects relating to the Redeemer's kingdom, shall
thereupon be free, clear, and absolutely discharged from all
conditions, trusts and liens of every description, in favor
of said State convention; but nothing herein contained is to
discharge the said union, or the property devised and given
to it by the said will and codicil, from the trusts, condi-
tions or liens, for the payment of any legacies or annuities
expressed in said will and codicil, except said annuity of
four hundred dollars, if such other legacies or annuities
have not been discharged. [Approved by the Governor,
March 20, 1850.]
Chap. 48. Resolve in favor of Joseph L. Ross.
Resolved, That there be allowed and paid, out of the
$ to so allowed, treasury of the Commonwealth, to Joseph L. Ross, of Bos-
ton, the sum of forty dollars and fifty cents, in full for
one thousand eight hundred tent pins, furnished to General
Wilson's brigade, at the encampment at Concord, in the
year one thousand eight hundred and forty-nine ; and that
a warrant be drawn therefor accordingly. [Approved by
the Governor, March 21, 1850.]
Chap. 49. Resolve in favor of Increase N. Emerton.
Resolved, That there be allowed and paid, out of the
#50 allowed, treasury of the Commonwealth, to Increase N. Emerton, of
Lynn, the sum of fifty dollars per annum, for the term of
three years from the first day of April, in the year eighteen
hundred and forty-nine, for injuries sustained by him while
in the performance of military duty ; and that a warrant be
drawn accordingly. [Approved by the Governor, March
23,. 1850.]
Chap. 50. Resolve relating to Meteorological Observations.
Resolved, That his excellency the governor be author-
stations to be ized and requested to fix upon suitable stations, not exceed-
estabiishcd for m„ twelve in number, in which shall be included the three
oDscrvsLtionSi
normal schools and the three colleges in this Common-
wealth, where shall be deposited the instruments necessary
for making systematic observations in meteorology, accord-
1850. Chap. 50—53. 505
ing to the plan recommended by the Smithsonian Institute,
at an expense not exceeding one hundred dollars for each
station, to be defrayed from the school fund ; and that he
be authorized to draw his warrant therefor accordingly.
[Approved by the Governor, March 25, 1850.]
Resolve in favor of the town of Adams. Chop. 51.
Resolved, That the account of the town of Adams, for
support of State paupers, for the year ending November Account to be
first, eighteen hundred and forty-eight, be transmitted to au',1,ed-
the auditor of accounts for examination, and when found
to be correct, that the auditor certify the same to the gov-
ernor, according to the present provisions of law in such
cases ; and that a warrant be drawn for the payment to the
treasurer of said town, of such sum as shall be found to be
due on said account. [Approved by the Governor, March
28, 1850.]
Resolve in favor of the town of Westfield. Chap, 52.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the town #42 2<>, State
of Westfield, in the county of Hampden, the sum of forty- p upci
two dollars and twenty-six cents, in full for the support of
State paupers, from the first day of November, in the year
one thousand eight hundred and forty-seven, to the first day
of November, in the year one thousand eight hundred and
forty-eight ; and that a warrant be drawn therefor accord-
ingly. [Approved by the Governor, March 28, 1850.]
Resolve upon the petition of Elizabeth Amory. (JJuil). 53.
Resolved, for reasons set forth in said petition, that Eliz-
abeth Amory, administratrix of the goods and estate of Authorized io
Thomas Amory, late of Roxbury, in the county of Norfolk, fil? !>ond as ad-
' nninistr3lrix *
deceased, with his will annexed, be authorized now to file and her doings
a bond as administratrix as aforesaid, with the judge of pro- conflimed-
bate for the county of Norfolk, and upon the same being
filed and approved by the said judge of probate, that the
grant of administration to the said Elizabeth be and the
same is hereby confirmed, so that the acts and doings of
the said Elizabeth, in her said capacity, shall be deemed
good and valid in law, in the same manner, and to the same
extent, as if the said bond had been given at the time of
granting administration to her; and the said bond, so filed,
shall be for the benefit and protection of all parties inter-
ested in the estate of the said Thomas Amory, in the same
way, and to the same extent, as if the same had been given
at the time of granting administration as aforesaid : pro-
65
506
1850.
-Chap. 53—54.
Proviso as to
notice.
vided, that the said Elizabeth Amory shall first give such
notice as the judge of probate for said county shall order,
of her intention to file such bond : and provided, that, in
the judgment of said judge of probate, no sufficient cause
be shown why the same may not be filed. [Approved by
the Governor, March 28, 1850.]
Chap. 54.
Authorized to
sell lands of In-
dians, in Wor-
cester count}'.
Proceeds, how
disposed of.
Proviso.
Duty of judge
of probate.
Resolve on the petition of Charles Brigham, Trustee.
Resolved, for reasons set forth in said petition, that
Charles Brigham, of Grafton, in the county of Worcester,
trustee of the Grafton or Hassanamesset tribe of Indians,
be and he is hereby authorized and empowered to take
possession of any lands or tenements belonging to said tribe,
and now unoccupied by them, situate in the city of Wor-
cester, or in either of the towns of Grafton, Holden, Prince-
ton, and Paxton, in said county of Worcester, and to sell
and convey the same, or any part thereof, in such manner,
on such terms, and for such sum or sums, as he shall deem
expedient for the interest of said tribe, at public auction or
private sale, and to make, execute, and acknowledge, good
and sufficient deeds to convey the same, in fee simple, to
the purchaser or purchasers thereof, free from all trusts,
claims, or rights of this Commonwealth, and to deposit the
proceeds of such sale or sales, in the treasury of the Com-
monwealth, for the use and benefit of said tribe ; the inter-
est and such portion of the principal sum so deposited, not
exceeding one-tenth part thereof, to be drawn out annually
by the judge of probate for the county of Worcester, and
by him paid over to the members of said tribe entitled to
receive the same, in equal shares, taking into consideration
the difference between the wants of a family and a single
person ; but no share or part of said proceeds shall be paid
or allowed to any family or person, whose parent or parents
are living and receiving their respective share or shares of
the same : provided, however, that if any member or mem-
bers of said tribe, entitled, under this resolve, to receive a
portion of said proceeds, shall desire to receive his or their
proportional share or shares of the whole, in any one year,
for the purpose of building or repairing their buildings,
such proportional share or shares may be drawn out by
said judge of probate, and paid to him or them, after he
shall have become satisfied that the same has been expend-
ed in good faith for the purposes aforesaid, and such mem-
ber or members, who shall have so received his or their
proportion of the whole of said proceeds, shall be debarred
from receiving any further sum from the same. The said
judge of probate shall be guided, in fixing the said propor-
1850. Chap. 54—56. 507
tional share or shares, to be drawn out for the purposes
above stated, by the same considerations that he is, when
making an equal distribution of the income, or any portion
of the principal sum deposited as aforesaid. The said judge
of probate shall audit and allow the reasonable expenses of
said trustee, incurred in the sale and disposition of said
lauds, out of the proceeds of the same, aud the balance shall
be paid into the treasury as above directed : provided, how-
ever, that previously to any sale of said lands, the said
Charles Brigham, trustee as aforesaid, shall give bond to
the satisfaction of said judge of probate, for his acts and do-
ings in the premises, and to account for, and dispose of the
proceeds of the sale of said lands, or any portion of them,
according to the provisions hereinbefore contained. [Ap-
proved by the Governor, March 28, 1850.]
Resolves for reprinting a Report on the Insects of Massachusetts, which CllCip. 55.
are injurious to Vegetation.
Resolved, That the secretary cause to be printed, as soon 2000 copies,
as may be, two thousand copies of the Report on the Insects
of Massachusetts, which are injurious to vegetation, by
Thaddeus W. Harris, M. D., presented to the Legislature in
eighteen hundred and forty-one.
Resolved, That Dr. Harris be requested to superintend Printing, how
the printing of the said report, and to make such changes suPer,ntended-
and additions, as further investigation may require, — and
he be authorized to secure the copyright of all future edi-
tions for the benefit of himself and his heirs.
Resolved, That, in consideration for the service of pre- Compensation.
paring the copy for this new edition, and superintending
the printing thereof, there be allowed and paid to Dr. Har-
ris, from the treasury of the Commonwealth, one hundred
and fifty dollars, and that a warrant be drawn accordingly.
Resolved, That of this new edition, there be presented Copies, how dis-
to the author, two hundred copies, — to each of the agricul- Posed of-
tural societies, and to each of the horticultural societies in
the Commonwealth, ten copies ; that one hundred copies
be at the disposal of the governor and council, for such
gratuitous distribution as they may judge proper ; and that
the remainder of the edition be left to the disposal of the
Legislature. [Approved by the Governor, April 2, 1850.]
Resolve for paying the current Expenses of the State Reform School. Chap. DO.
Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to the trustees of the State S22^00-
Reform School, the sum of twenty-two thousand and six
hundred dollars to enable them to pay the current expenses
508 1850. Chap. 56—60.
of said school for the present year, and that a warrant or
warrants be drawn accordingly. [Approved by the Gover-
nor, April 2, 1850.]
Chat). 57. Resolve in favor of Mary Bixby.
Resolved, That there be allowed and paid out of the
#50. treasury of the Commonwealth, to Mary Bixby, widow of
the late Samuel Bixby, at Millbury, in the county of Wor-
cester, the sum of fifty dollars in full for the services of her
said husband in the war of the revolution, and that a war-
rant be drawn therefor accordingly. [Approved by the Gov-
ernor, April 2, 1850.]
Phavi 'Sft Resolve for the payment of Lunatic Pauper Accounts.
Resolved, That there be paid out of the treasury of the
Accounts to be Commonwealth, to the State Lunatic Hospital, the sum of
audited. seven hundred and seventeen dollars and seventeen cents,
or such part of said sum as may be found due, upon exam-
ination by the auditor, for support of lunatic paupers in said
hospital, in the years eighteen hundred and forty-seven and
eighteen hundred and forty-eight, and not allowed in the
account of the treasurer thereof, made up to the first day of
December, eighteen hundred and forty-eight and eighteen
hundred and forty-nine.
*io toCheKea Also, that there be paid to the town of Chelsea, the sum
of ten dollars, for extra expense, on account of two lunatics,
while waiting for commitment to the State Lunatic Hospital,
in the months of October and November, eighteen hundred
and forty-nine. [Approved by the Governor, April 4, 1850.]
Qhao. 59 Resolve in favor of the Guardian of the Ponkapoag Indians.
Resolved, That there be paid, out of the treasury of the
Commonwealth, to Thomas French, guardian of the Ponk-
apoag indians, for his salary, one year, to December twenty-
first, eighteen hundred and forty-nine, the sum of thirty-
* five dollars; and, for the amount expended by him for said
$20 og. indians, the sum of twenty-nine dollars and six cents, being
the balance of his account, to the date above named.
[Approved by the Governor, April 4, 1850.]
Chap. 60.
Resolve in favor of Erastus W. Sanborn.
Resolved, for reasons set forth in the petition, that there
qao for two ^e Pa^ ollt °f tne treasury of the Commonwealth, to Erastus
years. W. Sanborn, fifty dollars a year, for two years, in consid-
eration of injuries received by him in the performance of
his official duty, and that the governor draw his warrant
therefor accordingly. [Approved by the Governor, April 4.
1850.]
1850. Chap. 61—64. 509
Resolve in favor of Thomas Stamvood. Chat) 61
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Thomas Stanwood of #50.
Newburyport, in the county of Essex, the sum of fifty dol-
lars, in full for services rendered in the war of the revolu-
tion, and that a warrant be drawn therefor accordingly.
[Approved by the Governor, April 4, 1850.]
Resolve on the petition of Waldo F. Hayward. Chan 69
Resolved, for reasons set forth in said petition, that
Lemuel Shaw, and Charles Hayward, both of the city of JjffiiliiS!
Boston, Esquires, be and they are hereby licensed, author- tate in Uoston.
ized and empowered to sell, transfer and convey, to any fj"^0 glve
person or persons, on such terms as they may judge expe-
dient, at auction or at private sale, all the right, title, in-
terest and estate, which the said Waldo F. Hayward has,
as tenant in common, in four stores or warehouses, on the
Boston pier or Long wharf, in said Boston, being numbered
respectively, Jive, thirty-one, thirty-two, and forty-one, and
thereupon to make, execute, acknowledge and deliver deeds
thereof to the purchaser or purchasers, to hold the same, by
a good and indefeasible title in fee. And the said Lemuel
Shaw and Charles Hayward, upon effecting such sale,
shall stand accountable for the proceeds thereof, either to To invest and
invest the same on interest or otherwise appropriate and proceeds.0'
account for the same, for the use and benefit of said Waldo,
in the same manner as guardians are bound by law to ap-
propriate and account for the proceeds of the sales of lands
of their wards. [Approved by the Governor, April 4, 1850.]
Resolve to pay the expense of the Ashfield Election Case. Chat) 63.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the several persons men- #145 37.
tioned in the accompanying roll, the sums set against their
several names respectively, amounting, in the whole, to the
sum of one hundred and forty-five dollars and thirty-seven
cents, the same being in full discharge for their services
and demands as witnesses, in the investigation of the right
of Hosea Blake to a seat in the house of representatives,
as a representative from the town of Ashfield, during the
present session of the General Court, and that a warrant be
drawn accordingly. [Approved by the Governor. April 6,
1850.]
Resolve on the petition of Jonathan P. Wilder and others. Chat) 64
Resolved, for the reasons set forth in said petition, that To sc„ and con"_
the said Jonathan P. Wilder, of Ashburnham, in the county vey real estate.
510
1850.-
-Chap. 64 — 66.
Bond.
Investment of
proceeds.
of Worcester, be and he is hereby authorized and empow-
ered to sell, either at public or private sale, for cash, or on
credit, and to convey in fee simple, by good and sufficient
deeds, discharged from all trusts and liability for the appli-
cation of the purchase money, all the real estate of which
one Samuel Dunster, late of said Ashburnham, deceased,
died seized and possessed, and which, by the last will and
testament of the said Samuel Dunster, was devised to di-
vers persons specified in said will ; provided, however, that
said Wilder shall first give such bond, with sureties, to the
judge of probate, for the time being, of said county of Wor-
cester, as said judge shall approve, conditioned faithfully to
exercise all and singular the powers hereby granted ; and
said bond shall provide, that the proceeds of such sale shall
be placed at interest, secured by mortgages of real estate,
and such interest be paid to the several parties having an
interest in said estate, under and by virtue of said will, in
proportion to their several interests therein ; and that the
principal shall be held for the benefit of the party or par-
ties, in whom the title in said real estate would finally, in
due course of law, and by the provisions of said will, vest.
[Approved by the Governor, April 8, 1850.]
Resolve concerning Teachers' Institutes.
Resolved, That to meet the expenses of teachers' insti-
tutes, formed and held under the provisions of the ninety-
ninth chapter of the statutes of the year one thousand
eight hundred and forty-six, and the acts in addition thereto,
the governor is hereby authorized annually to draw his
warrant upon the treasurer for a sum not exceeding five
hundred dollars, in addition to the sum authorized by the
act aforesaid, to be taken from the school fund, according to
the provisions of the two hundred and nineteenth chapter
of the statutes of the year one thousand eight hundred
and forty-six, and to remain in the treasury and subject to
the drafts of the board of education or their secretary for
the purpose aforesaid.
Resolved, That this resolve shall take effect from and
after its passage. [Approved by the Governor, April 9, 1850.]
Resolve in favor of the town of Groton.
Resolved, That there be allowed and paid out of the
«626i for State treasury of the Commonwealth, to the treasurer of the town
paupers. of Groton, in the county of Middlesex, the sum of sixty-
two dollars and sixty-one cents in full, for the support of
State paupers for the year ending on the first day of Novem-
ber, in the year one thousand eight hundred and forty-
eight, and that a warrant be drawn therefor accordingly.
[Approved by the Governor, April 13, 1850.]
Chap. 65.
Postea, ch. 71.
g500 additional
for teachers' in-
stitutes, subject
to the order of
board of educa-
tion or the sec-
retary.
Chap. 66.
1850. Chap. 67—70. 5 1 1
Resolve concerning the Quarter Master General's Department. Chill) 67
Resolved, That the sum of three thousand dollars be
and the same is hereby appropriated to defray the expenses 53000 app™-
of the quarter master general's department for the current Pnated-
year, and that warrants be drawn therefor accordingly.
[Appi'oved by the Governor, April 15, 1850.]
Resolve on the petition of Henry Clarke. Chcip. 68.
Resolved, for the reasons set forth in said petition, that
Henry Clarke, of Charlton, in the county of Worcester, ad- To file affidavit
ministrator with the will annexed of the estate of William gj ofsaieof °"
Pierce, late of said Charlton, deceased, be allowed and au- real estate in
thorized to file in the court of probate for said county, his \v°orceesterUrt '"
affidavit and a copy of his notice of a sale by him as said
administrator of real estate of said Pierce, in pursuance of a
license of said court, to one Alden Blodget, on the first day
of December, eighteen hundred and forty-six, and that the
same shall be as effectual to perpetuate the evidence of the
time, place and manner of giving such notice, as though
the same had been done by him within one year after the
sale aforesaid : provided, said affidavit and copy be so filed Proviso.
within six months from the passage of this resolve. [Ap-
proved by the Governor, April 15, 1850.]
Resolve for the relief of Anna Brigham. Ohfli) 69
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Anna Brigham, of West- #50. annually
borough, the sum of fifty dollars per annum, during her revoiftionary
natural life, for the revolutionary services of her husband, services of bus-
Daniel Brigham, deceased, said sum to be paid annually on
and after the first of May, in the year one thousand eight
hundred and fifty, and that warrants be drawn accordingly.
[Approved by the Governor, April 15, 1850.]
Resolves in relation to the preservation of Cape Cod Harbor. Ch(l7). 70.
Whereas, it has been made to appear to this Legislature,
that "Cape Cod harbor," within this Commonwealth,
is being greatly injured by the drifting of loose sand
from the beach into said harbor, by which or by other
causes, the current of the tide is undermining and
wearing away said beach, which is the only barrier be-
tween the harbor and the ocean, and which, if once re-
moved, will effectually destroy said harbor ; and whereas,
said "Cape Cod harbor" is of immense importance to
our national and commercial marine, therefore,
Resolved, That the senators and representatives of this
Commonwealth, in the Congress of the United States, be
512 1850. Chap. 70—73.
and they hereby are requested, to use their endeavors to
procure an appropriation by Congress, for the purpose of
preventing the destruction of " Cape Cod harbor," in this
Commonwealth.
Resolved, That his excellency the governor be and he
hereby is requested to transmit to each of the senators
and representatives of this Commonwealth, in Congress, a
copy of the foregoing resolution. [Approved by the Govei'-
nor, April 16, 1850.]
Chap. 71.
Resolve in addition to a Resolve in relation to Teachers' Institutes.
Resolved, That the sum of five hundred dollars, appro-
Anu ch.G5. priated by the resolve of April 9, 1850, chapter 65, in ad-
dition to the amount granted by the act of 1846, chapter
99, for the expenses of teachers' institutes, shall be paid
in order to enable the secretary of the board of education
To expend for to expend for each institute, including that at Plymouth
each institute now in session, a sum not to exceed two hundred and
not exceeding /./.. -, n
$2,r,0 6 fifty dollars.
Resolved, That this resolve shall take effect from and
after its passage. [Approved by the Governor, April 16,
1850. J
Resolve on the petition of Dana Dodge.
L^nap. iZ. Resolved, for reasons set forth in said petition, that the
Release of right Commonwealth release to Dana Dodge, of Newburyport, in
alien*16 °f a" tne county of Essex, his heirs and assigns, all its right,
by reason of the alienage of one Nicholas Reynolds, in
and to a certain tract or parcel of land, with part of a
house and other buildings thereon, situate on South street,
in Georgetown in said county, which is more particularly
described in the levy of an execution upon said land, on the
nineteenth day of July, eighteen hundred and forty-seven,
wherein Patrick McLain, then of Dover, in the state of
New Hampshire, was plaintiff, and the said Nicholas Rey-
nolds, then of said Georgetown, was defendant ; said ex-
ecution and levy are recorded in the registry of deeds for
the county of Essex, in book of executions, number nine,
leaf forty-five, to which reference may be had. [Approved
by the Governor, April 16, 1S50.]
Chnn 7S Resolve on the petition of the Overseers of the Poor of Gay Head.
Resolved, That there be allowed and paid, out of the
#107 io. State treasury, to Lewis Cook and Isaac Johnson, overseers
of the poor of Gay Head, the sum of one hundred and
seven dollars and ten cents, for expenses incurred by them
for the support of Alexander Brown and Philip Johnson.
• 1850. Chap. 73—17. 513
State paupers, from the time said paupers became chargea-
ble to Gay Head up to the first day of January, in the year
eighteen hundred and fifty, and that a warrant be drawn
therefor accordingly. [Approved by the Governor, April
22, 1850.]
Resolve in favor of Almon Barnes. Clldp. 74.
Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to the said Almon Barnes, 5120 for sick-
in addition to his pay as a member of the house of repre- ness"
sentatives for the present year, the sum of one hundred
and twenty dollars, as a full consideration of all claims
he may have on the Commonwealth by reason of sickness
during the present session of the Legislature, and that the
governor draw a warrant therefor accordingly. [Approved
by the Governor, April 22, 1850. j
Resolve in favor of the town of Salisbury. Chop. 75.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the treasurer of the $65 17, state
town of Salisbury, in the county of Essex, the sum of PauPers-
sixty-five dollars and seventeen cents, in full of their ac-
count for the support of State paupers, to the first day of
November, in the year one thousand eight hundred and
forty-eight, and that a warrant be drawn therefor accord-
ingly. [Approved by the Governor, April 23, 1850.]
Resolve in favor of the New England Glass Company and Isaac M. Chap. 76.
Ireland.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the New England Glass
Company, of the city of Boston, the sum of six hundred %G3i 27
and thirty-four dollars and twenty-seven cents, in full of
their claim against the estate of George Gray, late of Lynn,
in the county of Essex, deceased, and also to Isaac M. Ire-
land, of Salem, in the county of Essex, the sum of three #305 62.
hundred and five dollars and sixty-two cents, in full of his
claim against said estate, and that warrants fee drawn there-
for accordingly : provided, that said claimants shall give sat- Prm-iso.
isfactory security to the Commonwealth, to guard it against
any future claims for said amounts by the heirs of said
George Gray. [Approved by the Governor, April 23, 1850.]
Resolve for the Pay of the Chaplains of the Legislature. Chap. 77.
Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to the chaplain of the giooeacb.
senate and to the chaplain of the house of representatives,
66
assistants.
514 1850. Chap. 77—80. .
one hundred dollars each, for their services during the pres-
ent session, and that warrants be drawn accordingly. [Ap-
proved by the Governor, April 23, 1850.]
Chap. 78. Resolve for the Pay of the Clerks of the Legislature.
Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to the clerk of the senate
#io per day. and the clerk of the house of representatives, each the sum
of ten dollars per day, and to the assistant clerk of the
senate and the assistant clerk of the house of representa-
per day to tives, each the sum of six dollars per day, for each and
every day they have been or may be employed in that ca-
pacity during the present session of the Legislature ; and
that there be further paid to the clerk of the senate and
#150 to each the clerk of the house of representatives, the sum of one
inljoiuBal0py hundred and fifty dollars each, for copying the journals for
the State library as required by the orders of the two
houses, and that warrants be drawn accordingly. [Ap-
proved by the Governor, April 23, 1850.]
Chat) 79 RES0LVE f°r the Pay of the Council, Senate, and House of Representa-
■** ' tives.
Resolved, That there be paid, out of the treasury of this
Commonwealth, to each member of the senate and house
#2 per day. of representatives, two dollars for each and every day's
attendance during the present political year, and the sum
of two dollars for every ten miles' travel from their respec-
tive places of abode, once in each session, to the place of
%% for every the sitting of the General Court; and also to each member
mi es travc . Q£ ^ councii two d0]iars for each and every day's attend-
ance at that board, at every session thereof during the
present political year, and the sum of two dollars for every
ten miles' travel from their respective places of abode,
once in each session thereof; and to the president of the
senate and the speaker of the house of representatives, each
the sum of two dollars "per day for each and every day's
attendance, in addition to their pay as members, and that
warrants be drawn accordingly on the orders of the respec-
tive branches. '[Approved by the Governor, April 23, 1850.]
Chat) 80 Resolve for the purchase of Fuel, Oil, and Gas, for the State-House.
Resolved, That the sum of one thousand three hundred
#1,300. dollars per annum, until otherwise ordered, be appropriated,
to enable the sergeant-at-arms to purchase such quantities
of fuel, oil and gas, as may be necessary for the use of the
General Court and the several offices in the State-house,
and that warrants be drawn accordingly. [Approved by
the Governor, April 24, 1850.]
1850. Chai\ 81—85. 515
Resolve in favor of the Berkshire Medical Institution. Chap. 81.
Resolved, That there be paid, out of the treasury of the
Commonwealth, to the Berkshire Medical Institution, the 510,000.
sum of ten thousand dollars, four thousand dollars in the
first year after the passage of this resolve and three thou-
sand dollars in each of the two succeeding years, for the
purpose of replacing the building and apparatus which that
institution has recently lost by. fire, such payments to be
considered as a charge for educational purposes, under the
provisions of the statutes of eighteen hundred and forty-
six, chapter two hundred and nineteen, and that the gov-
ernor be authorized to draw his warrant therefor : provided. Proviso.
the sum of five thousand dollars be obtained, for the same
purpose, from the friends of the said institution. [Approved
by the Governor, April 25. 1850.]
Resolve on the petition of the Managers of the Massachusetts Charitable Chap. 82.
Eye and Ear Infirmary.
Resolved, That there be allowed and paid, out of the 55,000 appro-
treasury of the Commonwealth, the sum of five thousand Priated-
dollars to the Massachusetts Charitable Eye and Ear Infir-
mary, and that a warrant be drawn accordingly. [Approved
by the Governor, April 25, 1850.]
Resolve in favor of William Barney. Chap. 83.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to William Barney, a mem- $C)5 for sick-
ber of the house of representatives from the town of Nan-
tucket, the sum of sixty-five dollars, in full for the ex-
penses of his sickness while attending the present session
of the Legislature, and that a warrant be drawn therefor
accordingly. [Approved by the Governor, April 25, 1850.]
Resolve in favor of the Gay Head Indians. Chap. 84.
Resolved, That the sum of six hundred dollars be al-
lowed and paid, out of the treasury of the Commonwealth. #G00fora
to be expended, under the direction of the governor and ^-ise °r wor'
council, in the erection of a house for public worship for
the use of the Gay Head Indians, and that a warrant be
drawn accordingly. [Approved by the Governor, April 25,
1850.]
Resolve to ratify and establish a Line between Natick and Wayland. Chap. 85.
Resolved, for reasons set forth in the joint petitions of
the towns of Natick and Wayland, that a line between
said towns, mutually agreed upon and established by the
inhabitants of said towns respectively, be ratified and con-
516
1850.-
-Ciiap. 85—89.
Chap. 86.
Discharged,
5180,717 40.
firmed as the true boundary line between said towns, being
the line which crosses Cochituate brook. [Approved by
the Governor, April 26, 1850.]
Resolve on the Accounts of the Land Agent.
Resolved, That George W. Coffin, land agent of the
Commonwealth for selling lands in the state of Maine, be
and hereby is discharged from the payment of the sum of
one hundred and eighty thousand seven hundred and sev-
enteen dollars and forty cents, received by him on account
of said lands, in the years one thousand eight hundred
and forty-eight and one thousand eight hundred and forty-
nine, as specified in his account, rendered on the first day
of January, one thousand eight hundred and fifty. [Ap-
proved by the Governor, April 26, 1850.]
Chap. 87.
paupers.
Resolve in favor of the town of Greenfield.
Resolved, That there be allowed and paid, out of the
$152 20, State treasury of the Commonwealth, to the treasurer of the
town of Greenfield, in the county of Franklin, the sum of
one hundred and fifty-two dollars and twenty cents, in full
for the support of State paupers, to the first day of Novem-
ber, in the year one thousand eight hundred and forty-nine,
and that a warrant be drawn therefor accordingly. [Ap-
proved by the Governor, April 29, 1850.]
Chap. 88.
#40, for an
Indian.
Resolve in favor of Paris C. Jaha.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to the selectmen of the
town of Webster, in the county of Worcester, the sum of
forty dollars, in trust, to be appropriated for the benefit of
Paris C. Jaha, an Indian of the Dudley tribe, and that a
warrant be drawn therefor accordingly. [Approved by the
Governor, April 29, 1850.]
Chap. 89. Resolve for the Promulgation of the General Laws and Resolves.
Resolved, That the laws and resolves, published under
the authority of the eighty-eighth chapter of the resolves
of the year one thousand eight hundred and forty-seven,
shall be sent directly to the clerks of the several towns and
cities, instead of being sent to the sheriffs of the several
counties for distribution to said towns and cities.
Repeal in part. Resolved, That so much of the above named resolve as
requires that the general laws and resolves shall be printed
on one sheet of paper, and in twenty-four pages, and all
laws and resolves, or parts of laws and resolves, inconsist-
1817, ch. 88.
Pamphlet of
General Laws
to be sent to
clerks of towns
and cities.
1850. Chap. 89—93. 517
ent with the provisions of this resolve, are hereby repealed.
[Approved by the Governor, April 29, 1850.]
Resolve in favor of Knowlcs Butler, a Representative from the town of Chap. 90.
Falmouth.
Resolved, That there be allowed and paid, out of the g2o, for sick-
treasury of this Commonwealth, to the said Knowles But- ness-
ler, in addition to his pay as a member of the house of
representatives, for the present year, the sum of twenty
dollars, on account of the expenses of his sickness during
the present session of the Legislature, and that the gov-
ernor draw a warrant therefor accordingly. [Approved by
the Governor, April 29, 1850.]
Resolve on the petition of William Grubb and another. Chap. 91.
Resolved, for reasons set forth in said petition, that Wil-
liam Grubb and Benjamin Hudson, executors of the last To file in the
will and testament of Susannah Luere, late of Boston, in bafeVo'r SiXik
the county of Suffolk and Commonwealth of Massachu- a copy of an
setts, widow, deceased, be and they are hereby authorized specified,
to file or annex, to their third account of executorship on
said estate, an authenticated copy of an instrument dated
at Bonne val department, Chateaudon, (France,) November
eighteenth, in the year eighteen hundred and forty-five, to
M. Maximilian Iznard, consul of France, resident at Bos-
ton, for the payment of said legacies in the registry of
probate, in the county of Suffolk. [Approved by the Gov-
ernor, April 29, 1850.]
Resolve in favor of Ivory H. Lucas. Chctp. 92.
Resolved, That there be allowed and paid, out of* the
treasury of the Commonwealth, to Ivory H. Lucas, seven- $75 36 for
ty-five dollars thirty-six cents, in full for medicines and ^Cchappe^d-
medical attendance of the said Lucas, upon several indi- dick ludians.
viduals belonging to the Chappequiddick tribe of Indians,
and that a warrant be drawn accordingly. [Approved by
the Governor, April 30, 1850.]
Resolve in favor of Henry C. Brown. Chap. 93.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Henry C. Brown, of #50 50 for ser-
Lee, in the county of Berkshire, the sum of fifty dollars i^gl fugmve "
and fifty cents, in full for his services and expenses, under from justice,
a commission from his excellency the governor of the
Commonwealth, in demanding and receiving, from the
executive of the state of New York and committing to
prison, one Jacob S. Place, a fugitive from justice, and that
518
1850.
-Chap. 93—97.
a warrant be drawn therefor accordingly. [Approved by
the Governor, April 30, 1850.]
Chap. 94.
Resolve in relation to Loans of the Public Funds.
Resolved, That the treasurer of the Commonwealth be
and he is hereby directed, hereafter, to consult with the
attorney general, in regard to the several loans of the pub-
lic funds on mortgages of real estate, and, in order to insure
"LTesiailSeS °f tne payment of the same, agreeably to the terms thereof,
that he pursue such course in relation thereto as the attor-
ney general may advise. [Approved by the Governor, May
1, 1850.]
Treasurer to
take the advice
of attorney gen
eral as to loans
Chap. 95.
olerk to ar-
range the files
of the house
from the vear
1834.
Chap. 96.
$58 73, for
Slate paupers.
Chap. 97.
Resolve concerning the Files of the House of Representatives.
Resolved, That the clerk of the house of representatives
arrange, or cause to be arranged, after the prorogation of
the present session of the General Court, the files of said
house, from the year one thousand eight hundred and thir-
ty-four to the year one thousand eight hundred and forty-
four, and such others as may need further arrangement,
and that a warrant be drawn for the payment of his ac-
count therefor not exceeding the sum of sixty dollars.
[Approved by the Governor, May 1, 1850.]
Resolve on the petition of the Overseers of the Poor of the town of
Dalton.
Resolved, That, for reasons set forth in the petition,
there be paid, out of the treasury of the Commonwealth,
to the overseers of the poor of the town of Dalton, the
sum of fifty-eight dollars seventy-three cents, in full for
the expenses incurred by said town for the support of State
paupers, for the year ending November first, eighteen hun-
dred forty-eight, and that a warrant be drawn accordingly.
[Approved by the Governor, May 1, 1850.]
Resolves concerning Slavery.
Whereas, the people of Massachusetts, acting under a solemn
sense of duty, have deliberately and repeatedly avowed
their purpose to resist the extension of slavery into
the national territories, or the admission of new slave
states into the Union, and for these ends to apply, in
every practicable mode, the principles of the ordinance
of 1787 ; also to seek the abolition of slavery and the
slave trade in the District of Columbia, and the with-
drawal of the power and influence of the general gov-
ernment from the support of slavery, so far as the same
may be constitutionally done ; and whereas the impor-
1850. Chap. 97. 519
tant questions, now before the country, make it desirable
that these convictions should be reaffirmed, therefore,
Resolved, That the people of Massachusetts earnestly
insist upon the application by Congress of the ordinance of
1787, with all possible sanctions and solemnities of law,
to the territorial possessions of the Union in all parts of
the continent and for all coming time.
Resolved, That the people of Massachusetts cherish the
Union with unabated attachment; that they will support
the constitution ; that, appreciating the inestimable benefits
flowing from it, they believe it better for all parties and
sections, with reference to any existing evils, to wait and
work patiently under and through the constitution, than to
destroy it ; and they have no doubt that they hold these
sentiments in common with overwhelming majorities of
the people of these United States; but, in any event, they
will follow their principles, deterred by no threats of dis-
union and no fear of consequences.
Resolved, That the integrity and permanence of Ameri-
can power on the Pacific Ocean, the increase of our com-
merce and wealth, the extension of our institutions, and
the cause of human freedom on this continent, require the
immediate admission of California into this Union, with
her present constitution, without reference to any other
question or measure whatever.
Resolved, That the sentiments of the people of Massa-
chusetts, as expressed in their legal enactments, in relation
to the delivering up of fugitive slaves, remain unchanged ;
and inasmuch as the legislation necessary to give effect to
the clause of the constitution, relative to this subject, is
within the exclusive jurisdiction of Congress, we hold it to
be the duty of that body to pass such laws only, in regard
thereto, as will be sustained by the public sentiment of the
free states where such laws are to be enforced, and which
shall especially secure to all persons, whose surrender may
be claimed as having escaped from labor and service in
other states, the right of having the validity of such claim
determined by a jury in the state where such claim is
made.
Resolved, That the people of Massachusetts, in the main-
tenance of these their well-known and invincible princi-
ples, expect that all their officers and representatives will
adhere to them at all times, on all occasions, and under all
circumstances.
Resolved, That his excellency the governor be requested
to transmit a copy of these resolutions to each of the sena-
tors and representatives of Massachusetts in the Congress
each school dis-
trict.
520 1850. Chap. 97—100.
of the United States. [Approved by the Governor, May 1,
1S50.]
Chap. 98. Resolve in favor of the town of Worthington.
Resolved, That there be allowed and paid, out of the
#75 15, State treasury of the Commonwealth, to the treasurer of the
paupers. town of Worthington, in the county of Hampshire, the
sum of seventeen dollars and fifteen cents, in full for the
support of State paupers, for the year one thousand eight
hundred and forty-six, and that a warrant be drawn accord-
ingly. [Approved by the Governor, May 2, 1850.]
Chdn 99 Resolves in aid of the several School Districts of the Commonwealth.
Resolved, That the secretary of the board of education
a copy of be and hereby is authorized to furnish each district and
webstet°'r other public school in the Commonwealth, except primary
Dictionary to schools, a copy of Noah Webster's Unabridged Q,uarto
Dictionary, or Joseph E. Worcester's Octavo Dictionary, at
the option of the school committee of each town, and that
Proviso. the expense thereof be paid out of the school fund : pro-
vided, that the said Webster's Dictionary may be obtained
at a cost not exceeding four dollars, and said Worcester's
Dictionary at a cost of not more than two dollars.
Conditions on Resolved, That the school committee of each town in
commiueesmay the Commonwealth be and hereby is authorized to obtain
receive a die- from the secretary of the board of education, one copy of
either of the above-named dictionaries, at the option of
said committee, and cause the same to be placed in each of
Proviso. the schools aforesaid, in their respective towns : provided,
however, that no school shall be entitled to either of said
dictionaries which t>hall not have furnished itself with a
suitable book-case or desk for the safe-keeping of the dic-
tionary; and the school committee, in making application
therefor to the board of education, shall certify that each
district, for which a dictionary is requested, has complied
with this requisition.
Repeal. Resolved. So much of the resolve of the third of March,
eighteen hundred and forty-two, as appropriated to every
school district in the Commonwealth fifteen dollars, " to be
expended for books for a school district library," is hereby
repealed.
Resolved. These resolves shall not take effect until the
first day of August next. [Approved by the Governor. May
2,1850.]
Chap 100. Resolve for the payment of Contingent Expenses of the General Court.
Resolved, That there be paid, out of the treasury of the
#i,ooo. Commonwealth, to the sergeant-at-arms, the sum of one
1850. Chap. 100—103. 521
thousand dollars, to enable him. to pay certain contingent
expenses for the governor and council, General Court, and
the various offices in the state-house not otherwise provided
for, and that a warrant be drawn in his favor accordingly.
[Approved by the Governor, May 2, 1S50.]
Resolve for the payment of incidental Expenses of the State-House. Chap 101.
Resolved, That the sum of two thousand five hundred
dollars be and hereby is appropriated, to enable the ser- #2.500 for re-
geant-at-arms to make such incidental repairs as may be j^8' funilt"rc'
necessary, from time to time, upon the state-house, and also
to purchase such articles of furniture as may be necessary
for the use of the governor and council and the General
Court, and the various offices in the state-house. The above
sum is likewise to include the expense of repairs upon the
wall at the eastern end of the state-house yard, made per
order of the Legislature of last year, and warrants to be
drawn accordingly. [Approved by the Governor, May 2,
1850.]
Resolve in favor of the Norfolk Agricultural Society. Chap 102.
Whereas, the Norfolk Agricultural Society, incorporated in
the year eighteen hundred and forty-nine, having, in
the course of the last year, established a fund agreeably
to the provisions of the Revised Statutes, and having
awarded premiums in October last, on the supposition
that the bounty of the Commonwealth would be paid to
it. as to other agricultural societies, which from previous
existence have made the returns prescribed by law, there-
fore,
Resolved, That there be paid, from the treasury of the Bounty granted
Commonwealth, to the Norfolk Agricultural Society, such
sums as said society would have been entitled to receive,
agreeably to the provisions of the laws respecting agricul-
tural societies, had its existence admitted of an annual
return in January, eighteen hundred and forty-nine. [Ap-
proved by the Governor, May 3, 1850. J
Resolves concerning the establishment of an Agricultural School. Chap 103.
Resolved, That his excellency the governor, with the
advice of the council, be requested and empowered to ap- Fivecommis-
point a board of five commissioners, who shall consider sloners-
the expediency of establishing agricultural schools or col-
leges, and also of furnishing aid to any existing academy
or college, for the instruction of such pupils as may wish
to attend such an institution, in all those branches of agri-
cultural knowledge necessary for the advancement of the
interests of agriculture in this State.
67
522
1850.
-Chap. 103—104,
Duties,
State agricultu-
ral bureau.
To report to
the governor.
Appropriating
its lands in
Maine, and
other resources
to educational
and charitable
institutions.
Resolved, That the said commissioners, if, in their opin-
ion, it is expedient to establish such agricultural school
or college, shall be directed to procure plans and estimates
for the buildings necessary for such an institution, and to
propose and mature a system for the government thereof,
with the requisite studies to be pursued at the same, and to
ascertain what laws and regulations would be necessary
and proper to put the same into successful operation.
Resolved, That the said commissioners be directed to
consider the expediency of establishing an agricultural and
statistical department, in our state government, that shall
maintain a similar relation to the interests of agriculture,
and other industrial pursuits, that the board of education
does to our system of common school instruction ; what
appropriations, if any, may be necessary, on the part of the
Commonwealth, to secure instruction in this science, in
our medical and other colleges, and normal schools ; whether
any further aid should be granted to local agricultural and
horticultural societies ; whether instruction in agriculture
can properly be introduced into the common schools ; and
by what other and proper means this branch of industry,
so important to the Commonwealth, and so intimately con-
nected with the welfare of the people, may best be pro-
moted.
Resolved, That the said commissioners report the re-
sult of their deliberations to his excellency the governor, in
season to be communicated to the Legislature at the com-
mencement of their next session. And the said commis-
sioners shall present all their accounts to the governor and
council, to be by them audited and allowed, as they may
deem just.
Resolved, That the said commissioners consider the ex-
pediency of appropriating the property of the Common-
wealth in lands, in the state of Maine, or any other avail-
able resources, to the general purposes of education, in-
cluding instruction in agriculture, and to the support of
charitable institutions. [Approved by the Governor, May
3, 1850.]
Chap 101.
Resolve on the petition of Mary May and others.
Resolved, That his excellency the governor, with the
Three commis- advice and consent of the council, be and he hereby is
sioners to report authorized to appoint three suitable persons, to be commis-
turcCon Reform sioners to inquire into and report to the next Legislature,
School for girls the m0st approved, economical and efficient methods of
conducting reform schools for girls, now in practice in the
different institutions established for that purpose, embracing
1850. Chap. 104— 106. 523
such facts and suggestions as they may think proper to illus-
trate the subject. The commissioners shall be paid for all
incidental expenses incurred by them in prosecuting their
investigations, and no other, and that warrants be drawn
accordingly. [Approved by the Governor, May 3, 1S50.]
Resolve on the petition of Elisha Copeland and others. Chttl) 105
Resolved, for reasons set forth in said petition, that all
the rights which this Commonwealth has acquired, or may Reieaseof
acquire, by escheat, in and to the estate, both real and per- Common-
wealth s ri°"ht m
sonal, of Sarah Copeland, widow, late of Boston, an in- estate of Sarah
sane person, who died intestate, in the year eighteen hun- Copeland
dred and forty-nine, without heirs, as is supposed, be and
the same is hereby granted to said Elisha Copeland, Mary
F. Clapp, widow, Maria W. Copeland, single woman, of
Boston, and Eliza Woods, wife of Samuel Woods, of Fra-
mingham, children and heirs-at-law of the late Elisha
Copeland, and to their heirs and assigns. [Approved by
the Governor, May 3, 1850.]
Resolves to provide for the Reception of the President of the United Chap 106.
States. 2
Whereas, information has been received that it is the in-
tention of the president of the United States to visit
New England during the present year, a visit which he
was prevented from making the past year, much to the
regret of the people of this State ; and whereas it has
ever been the usage and desire of this Commonwealth,
to receive the visit of distinguished public men, and
especially of the chief magistrates of the Union, with
respect and hospitality, therefore,
Resolved, by the Senate and House of Representatives
of the Commonwealth of Massachusetts, in General Court
assembled, That his excellency the governor be and he
hereby is authorized and requested to invite the president
of the United States to extend his visit to this Common-
wealth, and to tender to him the hospitalities and the re-
spectful congratulations of the State.
Resolved, That a committee, consisting of the president
and six members of the senate and the speaker and seven
members of the house of representatives, be appointed,
who are hereby authorized to make all suitable arrange-
ments, in the name and behalf of the State, for the proper
reception of the president of the United States, if his visit
shall occur before the next session of the General Court.
Resolved, That his excellency the governor, by and with
die advice of the council, be and hereby is authorized to
524 1850.— Chap. 106—110.
draw his warrant on the treasury for such sum as may be
necessary for the purpose aforesaid.
Resolved, That his excellency the governor be requested
to communicate to the president of the United States a
copy of the foregoing resolves. [Approved by the Governor,
May 3, 1850.]
Chap 107. Resolves concerning the Valuation Committee.
Resolved, That the same compensation be made to the
Compensation messengers, doorkeepers and page, of the valuation com-
!>°ag^Tcgers' mittee> as is allowed them by an act of the present session
for their services during the sessions of the Legislature, and
that warrants be drawn accordingly. [Approved by the
Governor, May 3, 1850.]
Chap 108. Resolves concerning International Exchanges.
Resolved, That the thanks of the Commonwealth be
presented to M. Vattemare for the valuable additions which,
by his agency, have been made to the State library during
the past year.
Resolved, That the Commonwealth recognize the value
of the system of international exchanges, as established by
M. Vattemare, and feel undiminished confidence in his in-
tegrity and disinterested devotion to this honorable object.
[Approved by the Governor, May 3, 1850.]
CJlClt) 109. Resolve in favor of William H. A. Crary.
Resolved, That there be allowed and paid, out of the
#150 for one treasury of the Commonwealth, to William H. A. Crary, of
year as super- F jj Rjver t[ie sum 0f one hundred and fifty dollars, for
lnlendent ol ' . ■ c
alien passen- his services as superintendent of alien passengers for one
year, ending on the sixteenth day of April, in the year one
thousand eight hundred and fifty, and that the governor
draw his warrant therefor accordingly. [Approved by the
Governor, May 3, 1850.]
Chan 11 0 Resolve in relation to the Public Lands.
Resolved, That a committee of three, one on the part of
Committee of the senate and two on the part of the house, be appointed,
three members authorized and directed, to ascertain the value, by town-
un-e to repm-um ships or lots, of all lands in the state of Maine, owned
* biic'lands in* jointly in common and in severalty, by Massachusetts,
Maine, iVc with the best mode of preserving the same from encroach-
ment or trespass, and also to inquire into any encroach-
ments or trespasses that may have been committed, and to
report fully to the next General Court. [Approved by the
Governor, May 3, 1S50.]
gers.
1850. Chap. 111. 525
Resolves concerning- Boston Harbor and Back Bay. Chcii) 111.
Resolved, That the governor, by and with the advice of
the council, be authorized and requested to appoint three Governor iu
commissioners to define, upon a plan or plans, such lines as aPP°u**to«e
i i ii i • i t it i i t i • t commissioners
they shall think expedient to establish, beyond which no to define lines
wharves shall be extended into and over the tide water of ^wharves'0''
the Commonwealth, on the flats on the easterly side of shall be ex-
Fore Point Channel, and the northerly shore of South
Boston.
Also, examine if any alterations in the lines and chan- To examine as
nels of South Bay, or any part of Fore Point channel, be wateTat certain
necessary to preserve the depth of water or prevent the points.
formation of shoals or bars in the same.
Also, make such further inquiries as they may deem ex- Respecting flats
pedient, respecting the flats or lands below the ordinary Back1 Bay
line of riparian ownership in the basin or bay, commonly
called "the Back Bay," which has heretofore been cut off
by dams or otherwise, from the natural flow of the tides in
Boston harbor ; and also respecting the flats below said
line, and within two hundred feet north of the main dam
leading from Boston to Brookline ; with a view to ascer- To ascertain
tain what titles in fee or otherwise, and what special uses, oc^upatfon^&c..
rights of occupation and improvement, easements, or other or other privi-
privileges in the flats aforesaid, or any portion thereof, have H^ and what
heretofore been granted by the Commonwealth to, or are U1,eres' remains
.,-, -Tii i ■•! i to the Common-
now held by individuals, or by municipal or other corpora- wealth, and to
tions, and consider what valuable interest, if any therein, "b^made^
remains in the Commonwealth, and to cause a full and
accurate survey of said premises to be made.
And also consider what measures can be taken for the Astoimprove-
improvement of the said flats or land, so as to make them ^"'and'the
most valuable to all parties interested therein, and in what adjusting of
manner the various conflicting interests, if any there be terests."* '"
therein, may be most speedily and equitably adjusted.
And the said commissioners are hereby authorized to To consult the-
obtain the advice and assistance of the attorney general of cra°niey ge"
the Commonwealth, upon any legal points or questions
that may be involved in the examination of the several
subjects hereby referred to them.
And the said commissioners shall give at least thirty Thirty days'
days' notice, in three or more newspapers published in "nli^a^'ibr2
Boston, and one or more newspapers published in Roxbury, hearing panics
of a time and place for hearing, so that all persons inter-
ested may appear and be heard in relation to the matters
herein mentioned, and shall make report of all their doings,
before the first day of January, one thousand eight hun-
526 1850. Chap. 111.
dred and fifty-one, to the governor, who is hereby requested
to lay the same before the Legislature.
Resolve, ante, Resolved, That the resolve authorizing a survey of the
ch. 27, repealed. flatg - Back Bayj passed March eleventh of the present
year, be and the same is hereby repealed. [Approved by
the Governor, May 3, 1850.]
INAUGURAL ADDRESS
HIS EXCELLENCY GEORGE N. BRIGGS.
Representatives' Chamber, Jan. 8th, 1850.
At twelve o'clock, His Excellency the Governor, accompanied
by His Honor the Lieutenant Governor, the members of the
Executive Council, and the various officers of the govern-
ment, attended by a Joint Committee of the two Houses,
and the Sheriff of Suffolk, met the Senate and House of
Representatives in convention, and delivered the following
ADDRESS:
Gentlemen of the Senate, and of the
House of Representatives :
The state of the finances of the Commonwealth is always a
subject of interest to the Legislature and to the people. An
annual exhibit of their condition invites the scrutiny of the
public into the conduct of those who appropriate and those
who expend them.
From the auditor, I learn that the receipts and expenditures
for the last year, were as follows : —
The receipts amounted to ... $540,658 35
The expenditures to 601,604 23
Excess of expenditures over receipts, . . $60,945 8S
The above amount of receipts includes cash
on hand, January 1. 1849, . . . $11,354 64
528
GOVERNOR'S ADDRESS.
Railroad stock sold, ......
State Reform School Scrip sold.
This sum .......
deducted from the whole receipts, $540,658 35,
leaves $490,903 71 as the ordinary receipts for
the year.
The amount of expenditures includes the sum
paid the State Reform School, under the act of
1849,
Railroad loans, ....
Temporary loans of 1847, repaid,
Temporary loans of 1848, .
Balance paid for weights and measures,
This sum, . . . .
deducted from the whole expenditure, $601,-
604 23, leaves, as the ordinary expenditure of
the year, $513,209 23.
$13,400 00
25,000 00
$49,754 64
$25,000 00
9,000 00
15,000 00
10,000 00
29,395 00
,395 00
The receipts for the year 1849 are less than the estimate
of the treasurer, made early in the year, —
From the auction tax, about
And from alien passengers.
Makina; ....
$11,000 00
27,000 00
$38,000 00
The alien passenger money was cut off by the decision
of the supreme court of the United States, which pro-
nounced the law of the State, by which it was imposed, un-
constitutional. But for that decision the revenues of the year,
from that source, would probably have been increased more
than thirty thousand dollars.
In making an official communication of the determination
of that court, which declared the law of this Commonwealth,
and that of a neighboring state upon the same subject, invalid
and void, which Jaws had been sustained by the unanimous
opinions of the highest judicial tribunals in the two states,
I suggested the propriety of immediate legislative action, con-
forming to the principles of the decision of the United States
Court, as being necessary to protect the Commonwealth from
the consequences to the treasury, the morals, and the health of
her people, by the overthrow of one of her public laws, so im-
portant to her rights and interests. The senate promptly passed
a bill which they deemed proper and competent for such a
GOVERNOR'S ADDRESS. 529
purpose, but, unfortunately, from some cause, it failed in the
house. I now commend the subject to your early consider-
ation.
The people of Massachusetts cherish and love their institu-
tions, and will always justify the expenditure of their money,
whether derived from direct taxation, or from other sources,
when it is demanded by any of the worthy and legitimate
objects to be accomplished by the agency of a wise, liberal,
and just government. Their faithful and vigilant representa-
tives should see to it, that the public money is never appropri-
ated in large or small sums, for any other than such objects.
The draught upon the treasury the past year for the support
of State paupers, exceeds $90,000. If the Legislature should
see fit to repeal, or so to modify the existing laws, as wholly
to save, or essentially diminish this large and increasing item
of expense, and should promptly pass a law by which the
amount heretofore received from alien passengers can be real-
ized, it is believed the present deficit in our receipts would be
met in a reasonable time, without resorting to a State tax.
I am sure that every member of this Legislature will concur
with me in the hope, that the state of the public business will
enable them to save to the Commonwealth the expense of at
least one month of the time which their predecessors, for the
last two years, found it necessary to devote to subjects pre-
sented for their consideration.
The property of the Commonwealth consists of
Western Railroad stock, . $1,000,000 00
Western Railroad stock sinking fund, , , 593,000 00
Commonwealth's part of Western Railroad
loan sinking fund, 123,500 00
Notes for lands in Maine, .... 1,758 00
Cash on hand, 4,000 00
$1,722,258 00
The debt of the Commonwealth : —
Western Railroad scrip due in 1857, is . . $995,000 00
State Reform School scrip, .... 25,000 00
Temporary loans, ..... 65,000 00
Making, $1,085,000 00
68
530 GOVERNOR'S ADDRESS.
Her lands in Maine, are estimated at, . . $1,500,000 00
Her claims upon the General Government, . 181,000 00
$1,681,000 00
The Massachusetts School Fund amounts to $903,000 00
The School Fund for Indians, . . . 2,500 00
Charles River and Warren Bridge Fund, . 21,481 18
$926,981 18
The Commonwealth has heretofore pledged her faith for
the payment of the debts of certain railroad corporations.
These corporations promptly pay the interest which accrues
on their debts, and the State is amply secured by mortgages
against future contingencies.
The reports of the officers of the State Prison will present
several important matters for the careful consideration of the
Legislature. The records of the prison show a large increase
of the number of its inmates during the year. Whilst this de-
plorable fact exists, it is gratifying to learn that the proportion
of second comers was somewhat less than in previous years.
Owing, as the warden states, to the great accession of numbers,
the crowded state of the workshops, the dearness of provisions,
and the sickness which prevailed among the prisoners during
the summer, the expenditures of the year exceed the receipts
about $1,400. But no appropriation will be necessary to sup-
ply the deficiency.
All the officers concur in the opinion, that the repeal of the
law authorizing the inflicting corporal punishment, for a time
at least, was followed by the exhibition of disorder and turbu-
lence on the part of a portion of the prisoners. They differ as
to the expediency or necessity of restoring that law. The cells
of the new prison are full, and they are obliged to put from
two to four or five together in the rooms of the old prison.
The crowded state of the prison, and the evil consequences re-
sulting to the health and morals of the convicts, who are, from
necessity, placed together in the rooms of the old buildings,
are strongly urged by the inspectors and the warden in favor
of an immediate enlargement of the buildings, and an increase
of the number of cells. The report of the warden states that
the number of foreigners has greatly increased during the year,
and that several of those returned from the war in Mexico
have found their way into the prison. This alarming increase
of crime makes it necessary for you to make provision for dis-
GOVERNOR'S ADDRESS. 531
posing of the offenders. At the same time humanity utters her
imploring voice, and calls on you to devise every means in
your power to prevent your erring fellow-beings from rushing
into crimes.
The deaf and dumb at the asylum at Hartford, in the state
of Connecticut, and the blind at the Perkins Institution at
South Boston, sons and daughters of indigent parents, are an-
nually reaping the fruits of your liberal appropriations for their
instruction, and invoking the blessings of Heaven upon the
Commonwealth for the aid she extends to her destitute and
smitten children.
Of all the maladies which afflict humanity, not one in the
whole catalogue is more calamitous to the subject of it, and to
his friends, than that of the loss of reason. The institution of
lunatic hospitals, in mitigating the sufferings of the insane and
in restoring them to reason, has proved to be one of the most
successful and beneficent public charities of this benevolent
age.
Our State Lunatic Hospital, at Worcester, is diffusing its
benefits all over the Commonwealth. Its eminent success, its
thronged apartments, and the number of insane persons ascer-
tained to exist in the State, will soon press the question,
whether another similar institution is or is not necessary in
this Commonwealth, upon the judgment of the Legislature.
Such an establishment would, of course, involve the expendi-
ture of a large amount of money. Before an appropriation for
such an expenditure is made, it seems to me the question of
location should be settled, accurate plans presented, and the
most careful estimates of its cost be required from responsible
persons, competent to make them. When the necessity shall
be shown to exist, the location settled, and the requisite in-
formation as to plan and cost, laid before them, no Legislature
could hesitate to do what the public interest demands.
The subject of popular education always has been, and al-
ways will continue to be, of surpassing interest to the people
of Massachusetts. The impress of her character, individual
and aggregate, is made in the district schoolhouse. Her citi-
zens may reach the highest places of honor and distinction in
the State, at the bar, in the pulpit, or in the marts of business
and of commerce ; wherever Providence may station them,
they will look back with gratitude and delight to the days
which they passed in the neighborhood schoolhouse, and re-
gard the time there spent as the forming period of their destiny.
Who then can estimate the importance to the individual and
to the State, of having those nurseries of education as perfect
as the lot of humanity will permit. Much has been done dur-
ing the last dozen years to elevate and improve the character
532 GOVERNOR'S ADDRESS.
of our public schools. The evidence of progress has been fur-
nished, from year to year, in the reports of the board of edu-
cation, and their secretary, whose official labors are appropri-
ated to this important cause. The reports of those public
functionaries, for the last year, are satisfactory, and calculated
to increase the confidence of the public in the means which
have been put into requisition for the advancement of popular
education. The three State normal schools are well attended
and prosperous. These institutions have been efficient instru-
mentalities in increasing the qualifications of teachers and im-
proving the condition of our common schools. Teachers' in-
stitutes and teachers' associations, both of which are under the
patronage of the State, are important auxiliaries of the normal
schools in accomplishing the great object in view. It is grati-
fying to believe, that the people themselves realize more and
more every year how deeply the dearest interests of their chil-
dren, and the prosperity and glory of the Commonwealth, are
involved in the success or failure of the efforts now making for
perfecting our system of education.
So long as human generations pass on with the rapid flight
of time, from childhood to youth, and from youth to manhood,
this subject will address itself with unabated force to the legis-
lators of the land. In despotic governments, tyranny may
array itself against the cause of education and learning, and,
fearing the light, may frown upon every effort for its advance-
ment.
In this free country, education can have but one enemy, and
that is ignorance. Two hundred thousand children, soon to
be men and women, call on you to protect them from the
power of such an enemy, — -patriotism, humanity, and religion,
demand his extirpation.
The State Reform School, at Westborough, has been opened
something more than one year. The whole number which has
been received is three hundred and thirty-four. The present
number is three hundred and ten, and there is room for no
more. The officers of the institution have notified the sheriffs
of the several counties that it is full. Whether the buildings
shall be enlarged so as to make room for a greater number, or
some limitations or restrictions, as to the character of those to
be received, shall be prescribed by law, or what other course is
to be pursued in regard to this new experiment for the instruc-
tion and reformation of juvenile offenders, will be for the Leg-
islature to decide.
A remarkable degree of health has prevailed among the in-
mates during the year. No death occurred, and the physician's
bill for the whole time was but twenty-eight dollars. General
order and compliance with prescribed rules, have characterized
GOVERNOR'S ADDRESS. 533
the conduct of the boys. So far as the length of time it has
been in operation affords the means of judging, the promise of
success in this institution is as flattering as could have been an-
ticipated.
I cannot here forbear to allude to the lamented death of that
early friend and patron of this Reform School, the late Hon.
Theodore Lyman, of Boston. In his life-time he gave and de-
livered to the institution twenty-two thousand and five hun-
dred dollars. He lived only long enough to see so much of the
fruits of his munificence as to satisfy him of the wisdom of that
mode of liberality. Following the dictates of his generous
heart, in two codicils to his last will he added fifty thousand
dollars to the sum which he had before given. The Avords of
his last codicil are, — " In addition to the sum of thirty thousand
dollars given, in the preceding codicil, to the Reform School
established by the State, at Westborough in this Common-
wealth, I now give the further sum of twenty thousand dollars ;
and I declare it to be my will, that the whole and sole object
of these two donations of thirty thousand dollars, and of twenty
thousand dollars, respectively made to my native State, in the
two codicils attached to my last testament, is to aid in enabling
the Legislature of the same to establish in the town of West-
borough an institution, or institutions, on the most approved
plan for the proper discipline, instruction, employment, and
reformation of juvenile offenders, whether male or female, or
both."
Noble benefactor ! Friend of the young, the wayward, and
the poor ! When the bloody laurels of the warrior and de-
stroyer of his race shall be despised and trampled in the dust
by an enlightened and christianized humanity, the names of
such benefactors as Theodore Lyman will be remembered and
revered, and the generations of the poor will rise up and bless
them.
Most men of wealth hoard up their riches, and hold on to
them till death unfastens their grasp, and then leave them to
heirs who in too many cases know not how to use them wisely,
or reluctantly give them to some public object, so tied up and
restricted as often to defeat the very purpose for which they
were intended.
Unlike this class of rich men, General Lyman wisely antici-
pated the gratitude of posterity, and in his own life-time had
the satisfaction of seeing and approving the expenditure of a
large portion of his bounty.
As an act of justice to his memory, I suggest to you the pro-
priety of connecting his name with that of an institution which
he has so largely contributed to establish.
The application of science to agriculture is attracting the at-
534 GOVERNOR'S ADDRESS.
tention of the public, and exciting the interest of those who
are engaged in the cultivation of the earth. A better knowl-
edge of the qualities of the soil, and of the nature and proper-
ties of the substances necessary to enrich it, than has heretofore
been generally possessed, would greatly increase its productions.
This knowledge may be derived from science. Chemistry
holds this treasure in its hands. Schools and lectures, publica-
tions and practical experiments, are the instruments through
which it is to be attained. Whatever can be done to promote
this desirable object, by legislative aid, is due to this most an-
cient and useful of all human pursuits, and that large and re-
spectable portion of the community whq are engaged in it.
Content with the bounties received from the earth, this class of
our fellow-citizens have hitherto received but inconsiderable
contributions from the government. I cheerfully commend
the subject to your favorable consideration and action.
The President of the United States, in his recent message to
Congress, says that " he does not doubt the right or the duty
of Congress to encourage domestic industry, which is the great
source of national, as well as individual wealth and prosperity ;"
and that " he looks to the wisdom and patriotism of Congress
for the adoption of a system which may place home labor at
last on a sure and permanent footing, and, by the encourage-
ment of manufactures, give a new and increased stimulus to
agriculture, and promote the development of our vast resources,
and the extension of our commerce." He recommends such
appropriations for the improvement of rivers and harbors " as
the wants of the country, and especially the advance of our pop-
ulation over new districts, and the extension of commerce, may
render necessary." These are, and will always continue to be,
great and important national interests. His views upon them
are in accordance with the opinions of the people of this Com-
monwealth, and with the official action of their representatives
in both houses of Congress for the last quarter of a century.
The commendation of agriculture to the attention of Congress ;
the recommendation to fix the postage on all single letters at
five cents, without regard to distance ; the avowed policy of
this government towards other nations ; the explicit and manly
tone of the whole document ; his exposition of the veto power ;
the manner in which he speaks of the Union, as " the proudest
monument to the memory of the patriots who framed it, and
the object of affection and admiration with every one worthy
to bear the American name," and his determination, " what-
ever dangers may threaten it, to stand by it, and maintain it,
in its integrity," will command the respect and approbation of
the citizens of this free republic.
The question whether negro slavery shall or shall not be
GOVERNOR'S ADDRESS. 535
excluded from the territories of the Union which are now free,
is seriously agitating the public mind.
The people of the slaveholding states deny the right of the
general government to keep slavery out of its territories. In
their popular meetings, legislative halls, and by the mouths of
their representatives in Congress, some of the states declare, in
distinct terms, that an act of Congress forbidding the introduc-
tion of slavery into the territories of the United States will be
followed by a dissolution of the Union.
On the other hand, the people of the free states, in the same
mode of manifesting public opinion, have made known their
intention of opposing, calmly, deliberately, but firmly, the far-
ther extension of slavery.
Do the friends of restriction claim the exercise of any new
or unusual power ? Two years before the adoption of the Con-
stitution, the Congress of the Confederation, voting by states,
passed the ordinance of 1787, by which slavery was forever
excluded from all the territory then belonging to the United
States, northwest of the Ohio river ; out of which territory, by
the terms of the ordinance, not less than three, nor more than
five new states were to be formed. On the passage of that or-
dinance, eight states voted. Five of them, — Delaware, Vir-
ginia, North Carolina, South Carolina and Georgia, — were slave
states, and. the vote of those five states was unanimous in its
favor. May not that vote be regarded as a manifestation of
what were then the views of the representatives of those five
states in regard to the future and farther extension of slavery ?
Let their conduct and views be compared with the attitude and
language of the representatives and people of several of the
same five states now, when a similar question is under dis-
cussion. The contrast is quite remarkable.
The ordinance of '87 was ratified by the adoption of the
Constitution of the United States, and, after that, by the action
of the government under this Constitution in various forms.
The act for the admission of the state of Missouri into the
Union, excluded slavery from the remaining territories of the
United States, north of a certain degree of latitude, and the
constitutional power of the act was confirmed by the declared
opinion of every member of Mr. Munroe's cabinet. The reso-
lutions for the annexation of Texas, passed by southern votes,
in express terms exclude slavery from the territory to be an-
nexed north of the degree of latitude named, and from the
states which might be thereafter formed out of that territory.
The law creating a government for the territory of Oregon did
the same thing.
The ordinance of '87 was originally reported by Mr. Jeffer-
son, and all the acts of the National Legislature reasserting its
536 GOVERNOR'S ADDRESS.
principles, to which I have alluded, were approved by Pres-
idents from the southern section of the Union. No constitu-
tional scruples have embarrassed the minds or checked the ac-
tion of public men in that part of the country, when, by nego-
tiation, legislation, or conquest, foreign territory was to be
acquired, to be made into slave states.
On one side of this question is the clear and unequivocal lan-
guage of the Constitution, giving to Congress the power to
" make all needful rules and regulations respecting the territory
or other property belonging to the United States ; " the great
principles of the ordinance of 1787, reasserted and adopted by
many acts of Congress under the Constitution, approved and
sustained by the most illustrious statesmen of the republic in
every part of the Union ; and the principles of eternal right and
justice. On the other side, is the institution of slavery, which
deprives man of his inalienable rights, effaces from him the
image of his Maker, and degrades him to the condition of a
thing, — a chattel.
The people of Massachusetts, come what may, will be faith-
ful to the Constitution and the Union. Her patriotic statesmen
helped make that Constitution, and her citizens agreed to and
adopted it. She would not knowingly withhold or violate any
right secured by it to any citizen or section of the country.
Her opinions upon the subject of slavery have been known
to the world from the time of the declaration of Independence
to the present time.
As a member of the Union, she is content to leave slavery
where it is left by the Constitution, that is, within the limits
of those states where it exists. Whilst it is clear that Congress
has no right to pass over the limits of a state to interfere with
the institution of slavery within it, it is equally clear that no
state has the right to push the institution beyond its own limits
into and over the territory of the Union where it does not exist.
Entertaining no doubt of the constitutional power of Con-
gress to exclude slavery from its own territories, and believing
that such exclusion is demanded by the highest principles of
morality and justice, she never can consent to its extension
over one foot of territory where it now is not. If the other
free states concur with her in this resolution, the thing will be
done, and consequences be left to themselves.
Gentlemen of the Senate,
and of the House of Representatives :
I congratulate you upon the continued general prosperity of
our Commonwealth, — a prosperity early in its commencement,
steady in its progress, and may we not hope, by the blessing of
heaven, it will be enduring as our existence.
GOVERNOR'S ADDRESS. 53^
For our success as a community, we are, under Providence,
indebted to the institutions transmitted from our fathers, and
to the industry, skill, intelligence, and perseverance of our peo-
ple. In our high northern latitude nature has denied to us the
rich soil and beautiful prairies of some, and the genial climate
of others, of our sister states. From the sands of the Cape to
the mountains of Berkshire, hard work and judicious cultiva-
tion are the conditions upon which the tillers of the earth can
expect even moderate crops, compared to the abundant produc-
tions of other portions of our country. When, in a gloomy
December, our adventurous fathers landed on Plymouth rock,
they went up from a stormy ocean, and saw before them an
iron-bound coast and a gloomy forest. They knew that labor
and suffering belonged to their destiny and to the destiny of their
posterity. Trusting in God, they meekly and resolutely em-
braced that destiny for themselves and for that posterity. Im-
planted in their bosoms was a love of religious and civil liberty,
and a desire for knowledge and education. They had strong
arms and bold hearts, and were filled with a spirit of adventure,
which feared no danger, and which could be checked by no
obstacle.
The inheritance left to their children was their example and
the elements of their own character. In them that love of lib-
erty, which drove their fathers into a wilderness, was not satis-
fied until their whole country, grown into a family of states,
was free. Into that liberty we have entered. We are here to-
day the representatives of the Pilgrims. The physical, civil
and moral condition of the Commonwealth, is the fruit of their
labors, and, in part, the realization of their hopes.
Massachusetts has an area of 7,250 square miles, and within
its limits there are now in operation more than eleven hundred
miles of railroads, with a capital of fifty millions. We have a
population of about one million, who are engaged in every
branch of business and of industry, at home and abroad, upon
the land and upon the sea, which holds out the prospect of a
remunerating profit. The annual value of their products ex-
ceeds one hundred millions of dollars. Her credit is unim-
paired, and, on 'change, at home and abroad, her bonds are
sought. The value of the schoolhouses in the State, in 1S4S,
was $2,700,000. More than two millions of that sum were
raised and expended within the twelve preceding years. In
1849, there were, in our three hundred and fourteen towns,
3749 public schools, in which were employed SI 63 teachers,
2426 of whom were males and 5737 were females. The
amount of money raised for the support of the public schools
was $830,000. Add to this the amount paid for tuition in the
academies and private schools, and the whole sum expended
69
538 MESSAGES.
for education during the year, excluding the three colleges, was
$1,168,334. A thousand convenient and tasteful houses of
public worship, erected by different denominations of Chris-
tians, beautify every city, town, and village of the Common-
wealth, and bear testimony that our people have not forgotten
the God of their fathers. Our public charitable institutions for
the benefit of the deaf, dumb, and blind, the sick, insane, and
the destitute, and for instructing and reforming juvenile offen-
ders, are the jewels of the State. In our public schools, the
children of the rich and the poor sit on the same seat, and
struggle for the prize of scholarship upon equal terms. Here
honest industry, prudence and economy are honorable ; idleness
and dissipation a reproach. It may well be doubted whether
labor is better fed, better paid, better educated, and more re-
spected, in any community on earth than in Massachusetts.
By our constitution and laws all citizens are placed upon a
common level, and are entitled to the same civil and political
rights, and all men are, or may become citizens.
As the representatives of the Commonwealth, it becomes us
here, in this legislative hall, with the profoundest gratitude to
acknowledge the goodness of the Supreme Ruler of the world
to our fathers, and his mercies to us. Invested with high and
responsible public trusts, let us invoke the guidance of His
wisdom in the discharge of the duties upon which we have
now entered.
MESSAGES.
To the House of Representatives :
I transmit to the honorable House, for the information of
the two branches of the Legislature, the following documents
received by me since the regular session of the last General
Court : —
1. Report and Resolutions of the Legislature of Vermont
on the " establishment of a Bureau of Agriculture."
2. Memorial of the American Association for the Advance-
ment of Science.
3. Report and Resolutions of the Legislature of Virginia,
relative to the legislation of Congress on the subject of Fugi-
tive Slaves.
4. Resolutions of the General Assembly of the State of
Missouri on the subject of Slavery.
MESSAGES. 539
5. Resolutions of the General Assembly of the State of
Ohio, relative to the acquisition and control of foreign territory
by the United States.
6. Reports of the Warden and other officers of the State
Prison in Charlestown.
7. Report of the Agent for Discharged Convicts.
8. Annual Report of the Adjutant General of the Common-
wealth.
9. Final Report of the Commissioners for the erection of
the buildings for the State Reform School at Westborough.
10. Annual Reports of the Trustees and other officers of
the State Lunatic Hospital at Worcester.
GEO. N. BRIGGS.
Council Chamber, January 10, 1850.
To the House of Representatives :
I transmit to the House of Representatives, for the use of
the Legislature, the following papers :
1. A communication from the adjutant general, stating that
Maj. Gen. D. S. Jones, of the third division of the militia,
Major Gen. A. Howe, of the first division, and Major Gen. B.
Adams, of the second division, have resigned their commis-
sions and received their discharge.
2. Resolutions of the General Assembly of the state of Con-
necticut, affirming the power of Congress to legislate on the
subject of slavery in the territories of the United States and
in the District of Columbia.
3. The Annual Reports of the Trustees, Superintendent,
and Treasurer of the State Reform School at Westborough.
GEO. N. BRIGGS.
Council Chamber, January 18, 1850.
To the Senate :
I communicate herewith, for the use of the Legislature, a
report from the superintendent of alien passengers for the city
of Boston, on the subject of alien passengers and foreign pau-
pers. The report presents facts of great importance for the
consideration of the Legislature.
Whilst the number of persons chargeable to the Common-
wealth, having a settlement within it, in 1848, was only 85
more than the number of the same class in 1838 ; the number
of foreign paupers in 184S was 4,648 more than it was in
1838. The whole expense of foreign paupers for the last 11
years, above the amount received for alien passengers and on
bond, is more than $737,000.
GEO. N. BRIGGS.
Council Chamber, 21 January, 1850.
540 MESSAGES.
To the Honorable Senate :
I transmit to the Senate, for the use of the Legislature, the
Report of the Commissioner, appointed under the resolve of
1849, chap. 94, relating to railroads crossing each other, in the
vicinity of Boston, with accompanying plans.
GEO. N. BRIGGS.
Council Chamber, January 24, 1850.
To the Senate :
I herewith communicate, for the use of the Legislature, the
Report of Dr. S. G. Howe, on " training and teaching idiots7';
under the resolves of May 8, 1848.
GEO. N. BRIGGS.
Council Chamber, 20 February, 1850.
To the House of Representatives :
I transmit to the honorable House a Report from the Com-
missioners on Weights and Measures, and a Report of the Com-
missioner of Marshpee and Herring Pond Plantation, for the
use of the Legislature.
GEO. N. BRIGGS.
Council Chamber, February 21, 1850.
To the House of Representatives :
I have received from the governor of the state of Virginia,
and herewith transmit to you, the resolutions of the General
Assembly of that Commonwealth on the " Wilmot Proviso
and kindred subjects."
The sentiments and tone of these resolves, coming from the
legislature of an ancient and honored sister commonwealth,
are well calculated to fill the mind with sadness.
The purpose avowed by the people of the free states, of
arresting the further extension of slavery, has produced a high
state of excitement among our fellow-citizens of the slave
states. They charge the north with being unfriendly to their
interests and with making aggressions upon their rights. If
the charge is well founded it is well calculated to produce ex-
citement. Though other things enter into the contest, the
main point in issue is, whether slavery shall be extended into
territories belonging to the United States which are now free.
In this unfortunate sectional question, it would be well for
each party to consider that the other has rights. The policy
of excluding slavery from the territories of the Union, origi-
nated in Virginia, and was supported by the unanimous vote of
four other southern states. The legislature of Virginia now
MESSAGES. 541
intimate that the Union cannot survive the reassertion and con-
tinuance of this policy.
The south claim the right of going into any of the public
territories with their property, and say that the exclusion of
slavery will exclude the people of the slaveholding states from
those territories. Suppose this to be true, it is equally true,
that with the opinions which the people of the free states en-
tertain, upon the moral and civil character of the institution of
slavery, and the incompatibility of free and slave labor existing
together, they are as effectually excluded from the territories
and states where this institution exists. It is a generally con-
ceded historical fact, that at the time of the adoption of the
constitution, when there were six slave and seven free states,
the further extension of slavery was not expected by the peo-
ple in any section of the country. The ninth section of the
first article of the Constitution of the United States, provides
that " The immigration or importation of such persons, as any
of the states now existing shall think proper to admit, shall
not be prohibited by the Congress, prior to the year one thou-
sand eight hundred and eight." Whilst, by this article, Con-
gress has no right to prohibit the introduction of slaves from
abroad, into any of the United States then existing, prior to
1808, it had the power to do so as to new states which might
be admitted after the adoption of the Constitution.
By the ordinance of 1787, two years before the adoption of
the Constitution, the Congress of the confederation had pro-
vided for the formation of not less than three, nor more than
five new states in the territory northwest of the river Ohio,
from the whole of which they had by that ordinance forever
excluded slavery.
Since the adoption of the Constitution, nine new slave states
have been admitted into this Union, and five of them formed
out of territory which has been acquired subsequent to that
event. Mr. Jefferson, and other leading statesmen, believed
and declared, that there was no constitutional power in the
government to acquire foreign territory. Texas and the terri-
tory ceded by Mexico have been added to the United States
against the most earnest remonstrances of a great majority of
the people of the free states, accompanied by the declaration,
that if acquired, the north would never consent to the exten-
sion of slavery over any part of such territory. With aid
enough from the north to accomplish their object, the south
succeeded, by congressional resolutions and by conquest, to
gain Texas and a large extent of territory from distracted and
bleeding Mexico.
With all these facts before the world, the slaveholding states
now, with language as harsh as the charge is unjust, accuse
542 MESSAGES.
the north with the deliberate purpose of violating their rights.
With ten senators in the Congress of the United States, repre-
senting five states carved out of newly acquired territory, they
insist upon the privilege of extending the institution over
other territory which is now free, and failing to do this, they
threaten to secede from the Union. The opinion as to the
constitutionality and propriety of arresting the further exten-
sion of slavery, is as nearly unanimous among the people of
the free states as that upon any other important proposition
that can be named. They believe slavery to be morally
wrong, and that such a restriction would be no invasion of the
rights of any individual or state, but that it is necessary to
arrest an aggression upon the rights of the people of the free
states, which has been in progress for half a century. The
position which Massachusetts has assumed upon this subject
she believes to be impregnable, and that carrying it out would
do no wrong to any other state. Let her then, while she will
obey the constitution of the United States, and observe all its
guaranties in her attitude of opposition to the further extension
of slavery, be resolute and immovable. Massachusetts and
Virginia were co-workers together in that revolution which
made the thirteen united colonies free and independent states.
They went hand in hand in forming and adopting the consti-
tution which cemented that glorious Union. The difference
of opinion which now divides them upon the agitating sub-
jects of the day, is deeply to be deplored. I trust that no pos-
sible state of things will lead the people or the government of
Massachusetts, to forget the respect and courtesy which is due
to that or any other sister commonwealth, or to use towards
them language of reproach or denunciation.
One of the resolutions of her legislature, herewith communi-
cated, declares that no state has done so much to found the
Union as she has done. Heaven grant that the future histo-
rian may not be compelled to write that Virginia too, by her
acts or her influence, did more to dash that Union to atoms
than any other state. Mournful, indeed, would be the catas-
trophe of dissolution, but doubly mournful would it be for the
same historian to have to add, that the reason why this ancient
commonwealth, the mother of presidents, lent her aid to break
up the Union with her sister states, among whom were the
companions of her struggles and triumphs in the cause of free-
dom, was, because those companions would not consent to
extend the area of slavery, — an institution, the existence of
which made her own Jefferson say, that " he trembled for his
country when he remembered that God was just."
GEO. N. BRIGGS.
Council Chamber, February 25, 1850.
MESSAGES. 543
To the House of Representatives :
I transmit, for the information of the Legislature, resolves of
the state of Rhode Island and Providence Plantations, in Gen-
eral Assembly, in relation to slavery.
GEO. N. ERIGGS.
Council Chamber, February 26, 1850.
To the Senate :
I transmit to the honorable Senate, for the use of the Legis-
lature, resolutions of the states of Georgia, Mississippi, and
Maryland, in relation to slavery, with resolutions of the Gen-
eral Assembly of Rhode Island, on the subject of a Bureau of
Agriculture, to be connected with the General Government at
Washington.
GEO. N. BRIGGS.
Council Chamber, March 27, 1850.
To the House of Representatives :
The remnant of the Gay Head Indians on Martha's Vine-
yard amounts to about two hundred and thirty persons. They
are located at the extreme point of the island and are separ-
ated from the other inhabitants. For a few years past they
have made, and been quite successful in, the effort to improve
their condition. A school is kept for their children' a part of
the year. Among them is an organized Christian church con-
sisting of fifty members. They have no place, except their
small schoolhouse, in which to meet for public worship. At
this time I am informed they are making an effort to build a
meeting-house. For success in this desirable object they must
depend upon the charity of others who may take an interest in
their welfare. I deem it proper to call the attention of the
Legislature to the subject, respectfully to recommend that an
appropriation be made to aid this poor and dependent people,
a part of the feeble remains of the race of red men who first
inhabited that beautiful island, in erecting a decent and suitable
house in which they can meet and worship God. A few hun-
dred dollars, judiciously expended, would be of great service
to them.
I herewith transmit a letter received from the Hon. Leavitt
Thaxter, who is well acquainted with these Indians, and who
takes a deep interest in their condition.
GEO. N. BRIGGS.
Council Chamber, April 3, 1850.
544 MESSAGES.
To the Senate :
I transmit to the honorable Senate, for the use of the Legis-
lature, the Report of the Commissioner, under a resolve of
1849, chap. Ill, in relation to the District of Boston Corner.
GEO. N. BRIGGS.
Council Chamber, April 4, 1850.
To the House of Representatives :
I transmit to the House of Representatives, for the use of
the Legislature, the following papers, recently received by the
executive :
1 . Second Annual Report of Mr. Vattemare on International
Literary Exchanges.
2. Resolutions from the Legislature of Mississippi.
3. Resolutions, by the Legislature of Texas, on the subject
of slavery.
GEO. N. BRTGGS.
Council Chamber, April 24, 1850.
LIST
OF THE
CIVIL GOVERNMENT
OF THE
COMMONWEALTH OF MASSACHUSETTS,
AND OFFICERS IMMEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR 1850.
HIS EXCELLENCY
GEORGE N. BRIGGS,
GOVERNOR.
HIS HONOR
JOHN REED,
LIEUTENANT GOVERNOR.
COUNCIL.
SAMUEL WOOD,
SOLOMON DAVIS,
TIMOTHY J. GRIDLEY,
THOMAS TOLMAN,
JOHN TENNEY,
BENJAMIN F. COPELAND,
CHARLES M. OWEN,
SAMUEL L. CROCKER,
LUTHER V. BELL.
WILLIAM B. CALHOUN,
Secretary of the Commonwealth.
William Tufts, 1st Clerk. Charles W. Lovett, 2d Clerk.
EBENEZER BRADBURY,
Treasurer and Receiver General of the Commonwealth.
Joseph Foster, 1st Clerk. John M. Bradbury, 2d Clerk.
DAVID WILDER, Jr.,
Auditor of Accounts.
NOAH ROBINSON,
Messenger to the Governor and Council.
70
SENATE
MARSHALL P. WILDER,
PRESIDENT.
SUFFOLK DISTRICT.
Jonathan Preston, Benjamin Seaver,
George W. Crockett, John H. Wilkins,
George S. Hillard,
ESSEX DISTRICT.
Daniel C. Baker, Albert Thomdike,
Nathan W. Hazen, Moses Newell.
Charles W. Upham,
MIDDLESEX DISTRICT.
Joseph T. Buckingham, Edwin Whitney,
John W. Graves, Charles Choate,
Charles Thompson, Arnold Hutchinson.
WORCESTER DISTRICT.
Alexander De Witt, Amasa Walker,
Pliny Merrick, Edward B. Bigelow,
John Raymond,
HAMPSHIRE DISTRICT.
Cyrus Kingman, William A. Hawley.
FRANKLIN DISTRICT.
Chester Bardwell, 2d, William B. Washburn.
SENATE. 547
HAMPDEN DISTRICT.
Aaron King, James Cooley.
BERKSHIRE DISTRICT.
Nathan Benjamin, Henry L. Dawes.
NORFOLK DISTRICT.
Lewis Harding, Lysander Richards.
Marshall P. Wilder,
PLYMOUTH DISTRICT.
William H. Wood, Edward Cazneau.
BRISTOL DISTRICT.
Joseph S. Borland, William Tucker.
John Daggett,
BARNSTABLE DISTRICT.
John Jenkins, Stephen Hilliard.
NANTUCKET AND DUKES CO. DISTRICT.
William C. Starbuck.
CHARLES CALHOUN, Clerk.
W. P. GREGG, Assistant Clerk. »
Rev. JAMES I. T. COOLIDGE, Chaplain.
WILLIAM M. WISE, Doorkeeper.
JAMES N. TOLMAN, Assistant Doorkeeper.
TILSON FULLER, Page.
HOUSE OF REPRESENTATIVES.
Hon. ENSIGN H. KELLOGG,
SPEAKER.
COUNTY OF SUFFOLK.
Boston, James A. Abbott,
Osmyn Brewster,
Billings Briggs,
Francis Brinley,
Walter Bryent,
Isaac Cary,
Calvin W. Clark,
John Codman,
Samuel A. Eliot-
William Eaton,
Samuel E. Guild,
John C. Gray.
Samuel Hall,
John P. Healy,
Benjamin James,
Eliphalet Jones,
Lewis Jones,
Moses Kimball,
George H. Kuhn,
Samuel Leeds,
Ezra Lincoln,
Abel B. Munroe,
James Munroe,
Charles C. Nutter,
John Odin, Jr.,
Silas F. Plimpton,
Charles T. Russell,
HOUSE OF REPRESENTATIVES.
549
Boston,
William Schouler,
Southworth Shaw,
Thomas J. Shelton,
Elijah Stearns,
Thomas Tarbell,
*
John W. Warren, Jr.,
George Wheelwright,
Joseph M. Wightman,
Chelsea,
North Chelsea.
COUNTY
OF ESSEX.
Amesbury,
Jonathan B. Sargent,
Andover,
Dean Holt,
Charles F. Abbott,
Beverly,
Paul Hildreth,
William H. Lovett,
B oxford,
Enoch Wood,
Bradford,
Danvers,
A. A. Abbott,
John Hines,
Essex,
Georgetown,
Gloucester,
William Babson,
David Chard,
Bartholomew Ring,
Groveland,
Hamilton,
Choate Burnham,
Haverhill,
Charles B. Hall,
Lemuel Leonards,
Ipswich,
Sylvanus Caldwell.
Lawrence,
Lynn,
Hiram N. Breed,
Lynnfield,
Manchester,
John Nichols,
Isaiah H. Parrott,
Jesse L. Lewis,
William Skinner, Jr.,
Samuel O. Boardman,
550
HOUSE OP REPRESENTATIVES.
Marblehead,
William Bartoll,
Richard Tutt,
Methuen,
Morris Knowles,
Middleton,
William O. Andrews,
Newbury.
Jacob Atkinson,
Enoch Hale,
Newburyport,
Jeremiah Colman,
Ralph C. Huse,
Mark Symons,
Rockport,
..
Rowley,
Thomas E. Payson,
Salem,
William Kimball,
Thomas Needham,
Joseph B. F. Osgood,
Thomas P. Pingree,
John Russell,
Augustus Story,
Salisbury,
Saugus,
Topsfield,
Thomas Gould,
Wenham,
West Newbury.
COUNTY
OF MIDDLESEX.
Acton,
Ashby,
Howard Gates,
Ashland,
Bedford,
Billerica,
Gardner Parker,
Boxborough,
Brighton,
Joseph Breck,
Burlington,
William Winn, Jr.,
Cambridge,
Stephen T. Farwell,
Justin Jones,
Charles Wood,
Carlisle,
Thomas Green,
Charlestown,
Richard Frothingham, Jr.,
Oliver Smith,
HOUSE OF REPRESENTATIVES.
551
Charlestoicn,
Chelmsford,
Concord,
Dracut,
Dimstable,
Framingham,
Groton,
Holliston,
Hopkinton,
Lexington,
Lincoln,
Littleton,
Lowell,
Maiden,
Marlborough,
Medford,
Melrose,
Natick,
Newton,
Pepperell,
Reading,
Sherburne,
Shirley,
Somerville,
South Reading.
Stoneham,
Stow,
Sudbury,
Tewksbury,
Townsend,
James M. Stone,
Edward Thorndike,
Eli P. Parker,
Samnel Hoar,
Joseph Merrill,
George S. Boutwell,
John Nichols,
William Claflin,
Philip Russell,
William Foster,
Jacob G. Elliot,
George Brownell,
Francis Bush,
Samuel Burbank,
Dan forth P. Brigham,
Joseph M. Bullens,
Jefferson Bancroft,
James Dinsmoor,
Stephen Mansur,
Horace Parmenter,
Thomas Wait, Jr.,
Francis Brigham,
Henry Wilson,
Luther Lawrence,
George O. Brastow,
Samuel Kingman,
George Cowdry,
Truman Wolcott,
Samuel Hart,
552
HOUSE OF REPRESENTATIVES.
Tyngsborough,
Walt ham,
Watertown,
Wayland,
West Cambridge.
Weslford,
Weston,
Wilmington,
Winchester,
Woburn.
William Hooper,
Nathaniel P. Banks, Jr..
John H. Richardson.
Reuben Hopkins,
William Dupee,
Lemuel C. Eames.
COUNTY OF WORCESTER.
Ashburnham,
Athol,
Auburn,
Barre,
Berlin,
Blackstone,
Bolton,
Boylston,
Brookjield,
Charlton,
Clinton,
Dana,
Douglas,
Dudley,
Fitchburg,
Gardner,
Grafton,
Hardwick,
Harvard,
Holden,
Hubbardston,
Lancaster,
Leicester,
Leominster,
Lunenburg,
Mendon,
Stillman Simonds,
Charles King,
Amos Sawyer,
Edwin A. Whitcomb,
Oliver C. Felton,
Daniel Stone,
Frederick Whiting,
Thornton K. Ware,
John Edgell,
John Whitney,
Franklin Ruggles,
Ellis Harlow,
Ira Broad,
William Bennet, Jr.,
Samuel Watson,
Solon Carter,
HOUSE 0^ REPRESENTATIVES
553
Milford,
Millbury,
Neio Braintree,
Northborough,
Northbridgc,
North Brookfield,
Oakham,
Oxford,
Paxton,
Petersham,
Phillipston,
Princeton,
Royalston,
Rutland,
Shrewsbury,
Southborough,
Southbridge,
Spencer,
Sterling,
Sturbridge,
Sutton,
Templeton,
Upton,
Uxbridge,
Warren,
Webster,
Westborough,
West Boylston,
West Brookfield.
Westminster,
Winchendon,
Worcester,
Asa H. WaterSj
Abraham W. Seaver,
Charles Adams, Jr.,
Washington Stone,
David Wait,
Samuel D. Harrington,
Josiah Wheeler,
Ebenezer Smith,
Joseph Raymond,
Lucius S. Allen,
Sylvester Dresser,
Jabez Green,
Manasseh Houghton,
Prince Brackett,
John W. Work,
Elmer Brigham,
Eli W. Holbrook.
Moses Hancock,
John M. Earle,*
Albert Tolman,
Charles White.
COUNTY OF HAMPSHIRE.
Amherst,
Belchertown,
Chesterfield,
71
Waitstill Dickinson,
Myron Lawrence,
Hudson Bates,
554
HOUSE OF REPKESENTATIVE&.
Cumminglon,
Easthampton,
Enfield,
Goshen,
Granby,
Greenwich,
Had ley,
Hatfield,
Middlcfield,
Northampton,
Norwich,
Pelham,
Plainfield,
Prescott,
South Hadley,
Southampton,
Ware,
Westhampton,
Williamsburg,
Worthington,
John Ford,
John Wright, 2d,
Alvin Smith,
Charles S. Ferry,
Dudley Smith,
Almon Barns,
Erastus Hopkins,
William Parsons,
Salmon Thomas,
Freeman Hamlen,
Paoli Lathrop,
Hiram Nash,
Ethan Barnes.
COUNTY
Blandford,
Brimfield,
Chester,
Chicopee,
Granville,
Holland,
Holyoke,
LongmeadaiVy
Ludlow,
Monson,
Montgomery,
Palmer,
Russell,
Southwick,
Springfield,
OF HAMPDEN.
Albert Knox,
William Campbell,
Charles F. Bates,
Burgess Salsbury,
John D. Blanchard,
Gardner S. Burbank,
Carmi Shurtleff,
Thomas J. Shepard,
William W. Boyington,
HOUSE OF REPRESENTATIVES.
555
Springfield,
Tolland,
Wales,
Westfield,
West Springfield,
Wilbraham.
Lester Dickinson,
Matthew Ives,
George H. Mosely,
Wells Southworth,
Lester Williams,
COUNTY
Ashfield,
Bernardston,
Buckland,
Charlemont,
Coleraine,
Conway,
Deerfield,
Erving,
Gill,
Greenfield,
Haw ley,
Heath,
Leverett,
Ley den,
Monroe,
Montague,
New Salem,
Northfield,
Orange,
Rowe,
Shelburne,
Shutesbury,
Sunderland,
Warwick,
Wendell,
Whately,
OF FRANKLIN.
Hosea Blake,
Hart Leavitt,
Ira Abercrombie,
Whiting Griswold,
Nelson Joy,
Alden C. Field,
Alpheus Moore,
Warren Horr, Jr.,
Simeon A. Field,
Rodney Hunt,
Joseph L. Smallidge,
Clark Stearns,
George A. Green,
Justus White.
556
HOUSE OF REPRESENTATIVES.
COUNTY
OF BERKSHIRE.
Adams,
Salmon Burlingame,
Charles Marsh,
Alford,
Becket,
Numan K. Chaffee,
Cheshire,
John M. Bliss,
Clarksburg,
Dalton,
Samuel L. Parker,
Egremont,
Florida,
Great Barrington,
Ebenezer Chadwick,
Hancock,
Hinsdale,
Lanesborough,
Truman Coman,
Lee,
Lenox,
Hiram Pettee,
Monterey,
Mt. Washington.
New Ashford,
New Marlborough,
Joseph W. Howe,
Otis,
Peru,
Augustus C. Frissell,
Pittsjleld,
Samuel A. Churchill,
Ensign H. Kellogg,
Richmond,
George W. Kniffin,
Sandisjield,
Lemuel K. Strickland
Savoy,
Robert Sturtevant, Jr
Sheffield,
Stockbridge,
William Darbe,
Tyringham,
John Branning,
Washington,
West Stockbridge,
Williamstown,
Sumner Southworth,
Windsor,
Chapin Converse.
HOUSE OF REPRESENTATIVES.
557
COUNTY OF NORFOLK.
Bellingham,
Braintree,
Brookline,
Canton,
Cohasset,
Dedham,
Dorchester,
Dover,
Foxborough,
Franklin,
Medfield,
Medway,
Milton,
Needham,
Quincy,
Randolph,
Roxbury,
Sharon,
Stoughton,
Walpole,
Weymouth,
Wrentham,
Rila Scott,
Caleb Stetson,
Marshall Stearns,
George Beal,
Nathaniel F. S afford,
Edward Sharp,
Alfred Hodges,
George W. Nason,
Horatio Mason,
Jason Reed,
Henry Robinson,
Jonathan Wales,
Joseph N. Brewer,
Joseph H. Billings,
Daniel Jackson,
Isaac Smith,
Asahei Bigelow,
John C. Rhines,
Noah Vining, Jr.,
Elisha Fisk.
COUNTY OF BRISTOL.
Attleborough,
Berkley,
Dartmouth,
Dighton,
Easton,
Fair haven,
Samuel Carpenter,
George D. Hatch,
Francis W. Mason,
Lemuel Barker,
Bradford Pratt,
Alanson White,
George Mandell,
558
HOUSE OF REPRESENTATIVES.
Fairhaven,
Fall River,
Freetown,
Mansfield,
New Bedford,
Norton,
Pawtucket,
Raynham,
Rehoboth,
Seekonk,
Somerset,
Swanzey,
Taunton,
Westport,
Isaac Wood, Jr.,
Iram Smith,
Azariah Shove,
John Dean,
Thomas Nye, Jr.,
Thomas Kempton,
William J. Rotch,
Obed Nye,
William T. Cook,
Nahum Bates,
Sylvester Hunt,
David R. Anthony,
Jonathan Slade, 2d,
Ezra P. Short,
Lewis R. Chesbrough,
James M. Williams,
George H. Gifford.
COUNTY OF PLYMOUTH.
Abington,
Bridgewater,
Carver,
Duxbury,
East Bridgewater,
Halifax,
Hanover,
Hanson,
Hingham,
Hull,
Kingston,
Marshfield,
Middleborough,
William P. Corthell,
Thomas Cushman,
Stephen N. Gifford,
Jacob A. Rogers,
John S. Barry,
Jeremiah Soper,
Charles W. Cushing,
Francis Johnson,*
Joshua Wood,
Everett Robinson,
* Died during the session of the Legislature. Nathaniel Faunce elected
to the vacancy.
HOUSE OF REPRESENTATIVES.
559
North Bridgewater,
Pembroke,
Seth Whitman, Jr.,
Plymouth,
William H. Bradford,
Samuel C. Baldwin,
Plympton,
Rochester,
John H. Clark,
Scituate,
South Scituate,
i Elijah Jenkins, Jr.,
Wareham,
Jedediah Briggs,
West Bridgewater.
COUNTY
OF BARNSTABLE.
Barnstable,
Brewster,
Josiah Seabury,
Chatham,
Freeman Nickerson,
Dennis,
Obed Baker, 2d,
Eastham,
Falmouth,
Knowles Butler,
Harwich,
Obed Nickerson,
Orleans,
Leander Crosby,
Provincetown,
Joseph P. Johnson,
Sandwich,
Zibedee Greene,
Henry V. Spurr,
Truro,
Daniel Paine,
Wellfleet,
Ebenezer Freeman,
Yarmouth,
Ezekiel Crowell.
DUKES COUNTY.
Chilmark,
Herman Vincent,
Edgar town,
Heman Arey,
Tisbury,
Jonathan Luce, Jr.
COUNTY
OF NANTUCKET.
Nantucket,
William Barney,
Edward W. Cobb,
Joseph Mitchell,
Reuben Meader.
560 HOUSE OF REPRESENTATIVES.
Charles W. Storey, Clerk.
Rev. Henry V. Degen, Chaplain.
Benjamin Stevens, Sergeant-at-Arms.
Alexis Poole, Doorkeeper.
David Murphy, Messenger.
Joseph P. Dexter, Assistant Messenger.
Silas H. Buckingham,
James N. Tolman.
Pages.
CDmranttniBflltji nf J&unt^utih.
SECRETARY'S OFFICE, June 18th, 1850.
I hereby Certify, That the printed Acts, Resolves, &c, contained in this
pamphlet, are true copies of the originals in this office.
WILLIAM B. CALHOUN,
Secretary of the Commonwealth.
GENERAL AND SPECIAL
OF
MASSACHUSETTS
1851.
An Act to change the Name of the Coasters Mutual Marine Insurance Chap. \ _
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 Coasters Mutual Marine Insurance Company shall Shall be called
hereafter be called and known by the name of The Com- MutudftTaTine
mercial Mutual Marine Insurance Company. [Approved insurance
by the Governor, February 10, 1851.] ompany.
An Act to change the Name of the Revere Mutual Fire and Marine In- Chap. 2.
surance 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 Revere Mutual Fire and Marine Insurance Com- Shall be called
pany shall hereafter be called and known by the name of insurance"
The Alliance Insurance Company. [Approved by the Gov- Company.
ernor, February 18, 1851.]
An Act to establish a Fire Department in the Town of Woburn. Chap. 3.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. A fire department is hereby established in the
town of Woburn, subject to all the duties and liabilities, Duties.
and with all the powers and privileges, set forth in an act
72
562
1851,
-Chap. 3—5.
Liabilities, &c. entitled " an act to regulate fire departments," passed on
i839°f Apnl 9' tne lnnth day of April, in the year one thousand eight
hundred and thirty-nine.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, February 22, 1851.]
When to take
effect.
Chap. 4.
An Act further to extend the time for paying in the Capital Stock of
the Columbian Fire and Marine Insurance Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Time extended The time wi thin which the capital stock of the Colum-
FebraarJ^852. man Fire and Marine Insurance Company in Boston, is by
law required to be paid in, is hereby further extended to
the third day of February, in the year one thousand eight
hundred and fifty-two. [Approved by the Governor, Feb-
ruary 22, 1851.]
Chap. 5.
Increased to
1200 shares of
^100 each.
Purpose.
May issue pre-
ferred stock.
How used.
Proviso.
May be re-
deemable by
paying' holders
par value, &c.
Dividends,
when declared
and paid.
Capital stock
shall not be
increased, &c.
An Act to increase the Capital Stock of the Lexington and West Cam-
bridge Railroad Corporation.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Lexington and West Cambridge Railroad
Corporation is hereby authorized to increase its capital
stock, by the addition of twelve hundred shares of one
hundred dollars each, for the purpose of enabling the said
corporation to redeem its bonds.
Sect. 2. The stock hereby authorized to be issued
shall be preferred stock, and shall be used only for the pur-
pose of liquidating the outstanding bonds of the said cor-
poration, by substituting the same for the said bonds, in
such manner and on such terms as may be agreed upon by
the said corporation, and the holders of said bonds : pro-
vided, that the said stock shall not be issued at less than
its par value.
Sect. 3. The preferred stock created by this act may
be redeemable by said corporation agreeably to any stipula-
tion made by it before the issue thereof, and shall be re-
deemable at any time after ten years from its issue, the cor-
poration paying to the holders of such stock the par value
of the same, and all dividends due thereon, which divi-
dends shall be declared semi-annually, such payment to be
made by an issue of shares of general stock equal to the
preferred stock surrendered, or by money, at par, at the
election of the holders of such stock ; but the capital
stock of the corporation shall not be increased by any issue
of stock provided for in this section.
1851. Chap. 5—7. 563
Sect. 4. This act shall take effect from and after its when to take
passage, and when accepted by the said corporation at a effcct"
legal meeting called for that purpose : provided, that two Proviso.
thirds in amount of the stockholders of said corporation,
present and voting thereon, shall vote therefor. [Approved
by the Governor. February 26, 1851.]
An Act to change the Name of the Dorchester and Milton Bank. Chan. 6.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The corporation by the name of the President, The Blue Hill
Directors and Company of the Dorchester and Milton Bank'
Bank, established March seventeenth, in the year one thou-
sand eight hundred and thirty-two, shall hereafter be known
and called by the name of the President, Directors and
Company of the Blue Hill Bank.
Sect. 2. This act shall take effect from and after its when to take
passage. [Approved by the Governor, February 26, 1851. J e ect'
An Act to incorporate the Trustees of the Punchard Free School in the Qhan *Y
Town of Andover. J- '
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Samuel Fuller, John L. Taylor, Charles H. Corporators.
Pierce, Francis Cogswell, Moses Foster, Jr., Jacob Chick-
ering, Joshua Ballard and Joseph Shattuck, and their suc-
cessors, are hereby constituted a corporation, by the name Name,
of the Trustees of the Punchard Free School, to exercise To exercise all
all the powers and perform all the duties derived to them ^ ''"derived
under the will of the late Benjamin Hanover Punchard, under the win
Esquire, subject to all the liabilities and with all the rights puil0'nard.
set forth and conferred by the forty-fourth chapter of the Subject to all
Revised Statutes, and by this act, not inconsistent with &c.,'R.'s.'ecSh.
the provisions of said will ; and the possession, control and £4>&c-.
I OSSCSSlOll
management of the fund bequeathed to the town of An- &c., of the
dover by said will, in the corporate name of said trustees, J«"»d confirmed
. J \ . ' to the trustees.
for the purposes and uses therein expressed, is hereby con-
firmed to said trustees and their successors forever.
Sect. 2. The said trustees may purchase and hold real May hold real
estate to an amount not exceeding twenty-five thousand phonal25 "
dollars, and may hold personal estate to an amount not ex- gioo,coo.
ceeding one hundred thousand dollars; and it shall be Shall loan the
the duty of said trustees to loan all the funds of said cor- no° i!ss than*
poration not required for the immediate purposes of the 5-00each.
school, upon interest, in sums of not less than two hundred
564
1851.-
-Chap. 7.
Secured by
mortgage, &c.
Interest semi
annually.
Proviso.
Trustees, when
and hnw
chosen.
Trustees may
execute all the
powers, &c,
until said elec-
tion.
How vacancies
filled.
Trustees to
remain in office
until others arc
chosen.
Shall choose a
treasurer, &e.
Trustees shall
render an
annual account,
&c.
Trustees shall
report annually
tin' condition of
the school.
Five trustees
constitute a
quorum.
When to take
pffect.
dollars each, upon the bond or note of the borrower, paya-
ble in one year, with a mortgage of real estate, situate
either in the county of Essex, Suffolk or Middlesex, of at
least twice the value of the sum loaned, as collateral se-
curity for the repayment of the same, with interest semi-
annually : provided, however, that such loans may be made
to towns or cities in their corporate capacity, upon the
note or bond of their treasurer, or other person or persons
duly authorized, without other additional security.
Sect. 3. A board of trustees shall be chosen by said
town of Andover, by ballot, according to the provisions of
said will, on the first Monday of April, once in three years ;
and the first regular election hereafter shall be held on the
first Monday of April, in the year one thousand eight hun-
dred and fifty-three ; and until said election the aforenamed
trustees shall have and execute all the powers and perform
all the duties and obligations herein mentioned and re-
quired. In case of the removal of any trustee from town,
his office shall thereupon be vacated, and vacancies from
this or from any other cause may be filled at any town
meeting held after the same shall occur ; and the trustees
who have been, or may hereafter be, chosen by the town,
shall remain in office, until others are chosen in their stead.
Sect. 4. The board of trustees, provided by said will,
shall choose a treasurer, who shall give a bond to the in-
habitants of Andover, with one or more sureties, in the
penal sum of at least ten thousand dollars, for the faithful
performance of the duties of his office, which bond shall
be approved by the selectmen of the town for the time
being. The books of said treasurer shall be at all times
open to the inspection of the selectmen of said town, or of
any of them.
Sect. 5. The said trustees shall annually, on or before
the first Monday of March, render to said town an account
of the condition of said fund, and of the receipts and ex-
penditures thereof, and said account shall be audited by
the town auditors and printed in their annual report.
Sect. G. The said trustees shall make an annual report
of the condition of said school, specifying the number of
scholars who have attended the same, and their deportment
and proficiency, and said report shall be printed with the
annual report of the school committee of the town.
Sect. 7. Five trustees shall constitute a quorum for the
transaction of business.
Sect. S. This act shall take effect from and after its
passage. [Approved by the Governor, February 26, 1851.]
1851. Chap. 8. 565
An Act to annex a part of the Town of Dracut to the City of Lowell. Chap. 8.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. So much of the town of Dracut, in the county Boundaries of
of Middlesex, as is commonly called Centralville, thus ^nS°ry
bounded and described, to wit : — Beginning at the thread
of Merrimack River, near the foot of Hunt's Falls, oppo-
site the southeast corner of the land of the proprietors of
locks and canals on Merrimack River ; thence running
north, nineteen degrees and thirty minutes west, about
three hundred feet, to the margin of said river, at said
southeast corner bound ; thence in the same course north-
erly, three thousand eight hundred and twenty-seven feet,
to the northerly side of the new county road leading from
Lowell, in said county, to Methuen ; thence north, eighty-
nine degrees west, five thousand two hundred and seventy
feet, to the margin of said river, near the end of a wall,
opposite the head or north end of Long Island ; thence in
the same course, about one hundred feet, to the end of said
Long Island ; thence westerly, in a direct line, to the
thread of said river ; thence down said river, by the thread,
thereof, to the point of beginning, with all the inhabitants
on the lands above described, is hereby set off and separ-
ated from said town of Dracut, and annexed to, and made Made a pan of
a part of, the city of Lowell, in said county; and the same Lowell
land, and the inhabitants thereon, shall be deemed and
considered as annexed to, and constituting a part of, said
city of Lowell : provided always, however, that the said Proviso.
tract of land, and the inhabitants thereon, set off as afore-
said, shall be liable to pay all such taxes as are already
assessed on them by said town of Dracut, in the same
manner as they would have been liable if this act had not
been passed.
Sect. 2. If any persons, who have heretofore gained a Persons who
legal settlement in the town of Dracut, by reason of resi- residence on *
dence on the territory set off as aforesaid, or by having the annexed
been proprietors thereof, or who may derive such settle- supported.10
ment from any such resident or proprietor, shall come to
want and stand in need of relief and support, they shall
be relieved and supported by the city of Lowell, in the
same manner as if they had gained a legal settlement in
said Lowell.
Sect. 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, February 28, 1851.] effect-
566
1851,
-Chap. 9—10.
Chap. 9.
Corporators.
Name.
Established in
Adams.
Term, 28 years.
Purpose.
Powers, duties,
&c, R. S. ch.
37 and 44, and
all other laws,
&c.
When policies
may be issued.
An Act to incorporate the Adams Mutual Fire Insurance Company.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Sanford Blackinton, J. E. Marshall and John
F. Arnold, their associates and successors, are hereby made
a corporation, by the name of the Adams Mutual Fire In-
surance Company, to be established in the town of Adams,
county of Berkshire, for the term of twenty-eight years,
for the purpose of insuring dwelling houses and other
buildings, and personal property, 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, made or to be made,
relating to such corporations.
Sect. 2. No policy shall be issued till the sum of one
hundred thousand dollars shall have been subscribed to be
insured. [Approved by the Governor, February 28, 1851.]
Chap. 10.
Corporators.
Term.
Name.
City of Boston.
Powers, duties,
&,c, as R. S.
ch. 37 and 44.
May hold real
estate not ex-
ceeding
520,000, ex-
cepting, &c.
Capital stock,
^50,000.
Liberty to in-
crease to
$200,000.
No shares to be
issued at less
than par value.
An Act to incorporate the North American Fire Insurance Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Benjamin Lamson, Samuel Hall, Donald
McKay, their associates and successors, are hereby made a
corporation, for the term of twenty years from the passage
of this act, by the name of the North American Fire In-
surance Company, in the city of Boston, county of Suffolk,
for the purpose of making insurance against losses by fire,
with all the powers and privileges, and subject to all the
duties, restrictions and liabilities, set forth in the thirty-
seventh and forty-fourth chapters of the Revised Statutes.
Sect. 2. The said corporation may hold, for the use of
the company, real estate not exceeding twenty thousand
dollars in value, excepting such as may be taken for debt,
or held as collateral security for money due to said com-
pany, and when so taken or held as security, the same
shall be disposed of within the period of five years.
Sect. 3. The capital stock of said company shall be
fifty thousand dollars, with liberty to increase it to an
amount not exceeding two hundred thousand dollars : pro-
vided, that not less than fifty thousand dollars shall be paid
in as capital within one year from the passage of this act :
provided, that no shares in said corporation shall be issued
for a less sum or amount, to be actually paid in on each,
than the par value of the shares which shall be first issued.
1851. Chap. 10—13. 567
Sect. 4. This act shall take effect from and after its When to take
passage. [Approved by the Governor, February 28, 1851.] e ect"
An Act to establish a Fire Department in the Town of Clinton. Chap. 1 1 .
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
A fire department is hereby established in the town of Subject to all
Clinton, subject to all the ditties and liabilities, and with bytheact'of ''
all the powers and privileges, set forth and contained in an April 9, 1839.
act entitled " an act to regulate fire departments," passed
on the ninth day of April, in the year one thousand eight
hundred and thirty-nine. [Approved by the Governor,
March 10, 1851.]
An Act to establish a Fire Department in the Town of Melrose. Chap. 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 selectmen of the town of Melrose are hereby au- The selectmen
.., ii-i r- i -i -i • authorized to
thonzed to establish a fire department m the said town, in establish a fire
the manner and according to the provisions prescribed in <tepartment m
an act to regulate fire departments, passed on the ninth day
of April, in the year one thousand eight hundred and thir-
ty-nine ; and the said fire department, when so established, Subject to ail
and the several members thereof and all the officers and liabilities of act
companies appointed by them, and the said town of Mel- jfelfUjf16^™
rose and the inhabitants thereof, shall be subject to all the Apni 9, 1839.
duties and liabilities, and be entitled to all the privileges
and exemptions, specified in the said act, so far as the same
relate to them respectively. [Approved by the Governor,
March 13, 1851.]
An Act to authorize George H. Rogers to extend his Wharves in Glou- Chap. 13.
cester.
BE it enacted by the Senate and House of Representa-
tives, in General Court assetnbled, and by the authority of
the same, as follows :
George H. Rogers is hereby authorized to extend his in Gloucester,
connected wharves, leading from Sea street, in the harbor ™relt. ea
of Gloucester, two hundred and three feet, from the lower
store, on said wharves, to the end of the pier at present
disconnected with said wharves; and he shall have the Ma,y lay vessels
cinci receive
right to lay vessels at the ends and sides of the said wharfage and
wharves, and to receive wharfage and dockage therefor : dockaee-
provided, that this act shall in no wise impair the legal Proviso.
rights of any person whomsoever : provided, also, that said
73
568 1851. Chap. 13—15.
Rogers shall complete said wharf within two years from
the passage of this act. [Approved by the Governor, March
13, 1851.]
Chat) 14 ^n ^c* *° enaMe the Owner of Equitable Estates Tail to convey the
•* * same in fee simple and unite the Legal Estate therewith.
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 con- Sect. 1. All equitable estates tail, in any lands or tene-
ycyed in fee ments, in possession or remainder, may be conveyed in fee
simple, and all ' * . ' ,J J
reversions, &c, simple, and all remainders and reversions expectant there-
chri59' R S on maY De barred in the same manner as legal estates tail
may be conveyed, and the remainders and reversions ex-
pectant thereon may be barred, by virtue of the third and
fourth sections of the fifty-ninth chapter of the Revised
Statutes.
The person to Sect. 2. The person to whom such equitable fee sim-
Wt°tm Shai'i b l^e sna^ be conveyed, pursuant to the preceding section of
conveyed, shall this act, shall have the right to call for a conveyance of
have a right, tjie outstaiiding legal estate from the person or persons in
whom the same may at any time thereafter be vested in
if the holders trust ; and if the holder or holders of such legal estate, on
refuse'&c^The naving a proper deed of conveyance thereof tendered to
supreme judi- him or them for execution, shall refuse or neglect to exe-
have^urisdic3- cute tne same, the supreme judicial court shall have juris-
tion, &c, and diction in equity to compel the execution thereof; and if
R. s. cii. 74. the original trustee or trustees, or either of them, shall
have died, the said court shall have all the powers granted
by the seventy-fourth chapter of the Revised Statutes in
reference to contracts to convey real estate. [Approved by
the Governor, March 13, 1851.]
Chap. 15. An Act in relation to the Renewal of Bank Charters.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Charters con- Sect. 1. The several corporations hereinafter named,
January'mo wmcn by their respective charters have been heretofore
viz.: incorporated and established at the several places named
herein, be and the same are hereby continued corpora-
tions, for the purposes of banking, until the first day of Jan-
uary, which shall be in the year one thousand eight hun-
dred and seventy, notwithstanding any limitation in their
respective charters of incorporation to the contrary, viz. : —
Massachusetts The president, directors and company of the Massachusetts
Bank, in Boston ; the president, directors and company of
1851. Chap. 15—17. 569
the Atlantic Bank, in Boston; the president, directors and Atlantic Bank,
company of the Attleborough Bank, in Attleborongh ; and Attieborougii
the said corporations respectively, shall be entitled to all aak-
the powers and privileges, and shall be subject to all the Subject to all
duties, liabilities, requirements, and restrictions, contained jjes^^con-
in such acts as are now in force, and to such other acts as tained in all
may hereafter be passed by the General Court, in relation ac s' c c
to banks and banking.
Sect. 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 13, 1851.]
An Act relating to Returns of Votes for County Commissioners. C/lCip. 16.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The examiners of the returns of votes for comity Returns to be
commissioners and special commissioners in each of the sev- P^fn t°,"ece
eral counties of this Commonwealth, shall cause the same days, &c.
to be placed on file, in the office of the clerk of the courts
in and for the county of such examiners respectively, with-
in three days after they shall have been examined by them
according to law ; and all returns heretofore made to them Previous re-
shall be placed on file as aforesaid, within thirty days after thirty "lays!
the passage of this act.
Sect. 2. If any examiner shall wilfully detain in his Fine of. ^fio for
custody the returns of any town for the space of three
days after the time prescribed for placing the same on file
as aforesaid, he shall forfeit the sum of fifty dollars for each
and every day during which he shall so detain the same.
Sect. 3. The clerks in the several counties shall give Clerks to give
immediate notice to the attorney general of the Common- "jons,e&c.M°
wealth, of all violations of this act on the part of any ex-
aminer as aforesaid.
Sect. 4. This act shall take effect from and after its When l0 takc
effect.
passage. [Approved by the Governor, March 13, 1851.]
An Act to change the Name of Alexander McCafferty, Jr. Chap. 17.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
From and after the passage of this act, Alexander Mc- Name changed.
Cafferty, Jr., of Boston, in the county of Suffolk, may take
the name of Alexander McCafferty Graham, and he shall
thereafter be known and called by that name, and the same
shall thereafter be considered as his only legal and proper
name. [Approved by the Governor, March 13, 1851.]
570
1851.
-Chap. 18—19.
Chap. 18.
Corporators.
Name and loca-
tion.
Term.
Purpose.
Subject to all
the duties, &c
R. S. ch. 37 and
44, and all stat-
utes subse-
quently passed,
&c.
Any railroad
incorporated by
Mass. may in-
sure.
Chap. 19.
Corporators.
Name.
Purpose.
Location.
With all. pow-
ers, liabilities,
&c.
R. S., ch. 44.
May hold real
estate.
This act shall
in no wise im-
pair, &.C.
No shares shall
be issued for
Jess, &c.
An Act to incorporate the Railroad Mutual Fire Insurance Company.1
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. John Howe, Southworth Shaw, Samuel
Batchelder, their associates and successors, are hereby
made a corporation, by the name of the Railroad Mutual
Fire Insurance Company, in the city of Boston, for the
term of twenty-eight years, for the purpose of insuring rail-
road station and freight-houses, and their contents, and
other property in which railroad corporations may have an
insurable interest, against loss or damage by fire ; with all
the powers and privileges, and subject to all the duties, li-
abilities, and restrictions, set forth in the thirty-seventh and
forty-fourth chapters of the Revised Statutes, and all stat-
utes subsequently passed, relating to mutual fire insurance
companies.
Sect. 2. Any railroad corporations, incorporated by the
laws of Massachusetts, Maine, New Hampshire, Vermont,
Rhode Island, Connecticut, or New York, may insure in
the said company any property belonging to them, or for
the loss of which by fire they may be held responsible.
[Approved by the Governor, March 22, 1851.]
An Act to incorporate the Chatham Marine Railway.
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 :
Sect. 1. Thomas Smith, William Hamilton, Elisha
Harding, their associates and successors, are hereby made
a corporation, by the name of the Chatham Marine Rail-
way, for the purpose of constructing and maintaining a rail-
way, suitable for repairing vessels, at Stage Harbor, in
Chatham ; with all the powers and privileges, and subject
to all the duties, liabilities, and restrictions, set forth in the
forty-fourth chapter of the Revised Statutes.
Sect. 2. The said corporation may hold real and per-
sonal estate, necessary for the purpose aforesaid, not ex-
ceeding in amount four thousand dollars, in such shares as
may be convenient.
Sect. 3. This act shall in no wise impair the legal
rights of any person whomsoever.
Sect. 4. No shares in said corporation shall be issued
for a less sum or amount, to be actually paid in on each,
than the par value thereof when first issued. [Approved
by the Governor, March 22, 1851.]
1851. Chai\ 20—22. 571
An Act to continue in force the Act to incorporate the Commercial Chap. 20.
Insurance Company in Nantucket, and to increase its 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 :
The act to incorporate the Commercial Insurance Com- To continue
__ . l , T , . ,1 20 years from
pany, in Nantucket, passed June seventh, in the year one jUJfe7, 1851.
thousand eight hundred and thirty-one, shall be and re-
main in force for the term of twenty years from the sev-
enth day of June, in the year one thousand eight hundred
and fifty-one, and the said corporation shall be continued
through that term, with all the powers and privileges, and ^j^ffg
subject to all the duties, restrictions and liabilities, set forth ch.*37 and 44,
in the thirty-seventh and forty-fourth chapters of the Re- ^^^tmes".
vised Statutes, and in all the statutes subsequently passed
relating to insurance companies ; and the said company is May increase
hereby authorized to increase its capital stock, by an addi- s^ck'g^ooo.
tion thereto of a sum not exceeding twenty-five thousand
dollars : provided, that no shares in the capital stock of said Proviso.
corporation shall be issued for a less sum or amount, to be
actually paid in on each, than the par value of the shares
which shall be first issued. {Approved by the Governor,
March 22, 1851.]
An Act to authorize the Trustees of the Orthodox Congregational So- Chap. 21.
ciety of Shirley to sell certain Real Estate.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Orthodox Congregational Society of Shirley is May sell old
hereby authorized to sell its old meeting-house and the ancUand.0USe
land described in the indenture between Jenny Little and
Jonathan S. Adams and others, dated the first day of No-
vember, in the year one thousand eight hundred and twen-
ty-eight, and to convey the same to the purchaser or pur- May convey
chasers in fee simple, discharged of the trusts of the said simpie, and
indenture ; and to apply the proceeds towards the expenses appb' l£fcPro"
of building its new meeting-house : provided, that a ma- Proviso.
jority of the trustees named in the said indenture shall, by
deed of release, confirm such conveyance. [Approved by
the Governor, March 22, 1851.]
An Act to incorporate the Quincy Mutual Fire Insurance Company. Chap. 22.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
William S. Morton, T. C. Webb, William B. Duggan, Corporators.
572
1851.-
-Chap. 22—25.
Name.
Location.
Term.
Purpose.
Subject to all
liabilities, &c,
R. S. ch. 37
and 44, and all
laws. &c.
their associates and successors, are hereby made a corpora-
tion, by the name of the Q,uincy Mutual Fire Insurance
Company, in the town of Qiiincy, in the county of Nor-
folk, for the term of twenty-eight years, for the purpose of
insuring 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 laws subsequently made, so far as they may be
applicable hereto. [Approved by the Governor, March 22,
1851.]
Chap. 23.
Ma}- hold
#20,000 in real
estate.
When to take
effect.
An Act relating to the Warren Institution for 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 :
Sect. 1. The Warren Institution for Savings, in the
city of Charlestown, is hereby authorized to hold real es-
tate to an amount not exceeding twenty thousand dollars.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, March 22, 1851.]
Chap. 24.
Mayor and
aldermen shall
call meetings in
March and
April.
When to take
effect.
An Act relating to the election of Registers of Deeds and County
Treasurers.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The mayor and aldermen of any city in this
Commonwealth, the inhabitants of which are required by
law to vote for register of deeds and county treasurer, shall
cause meetings to be held for such purpose any time during
the months of March or April, according to the provisions
of law relating to the election of said officers.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, March 28, 1851.]
Chap. 25.
Corporators.
Purpose.
Duties, liabili-
ties, &c.
R. S. ch. 44.
An Act to incorporate the Needle Woman's Friend Society.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Abigail L. Wales, Mary W. Coffin, Ella S.
Whitney, Mary T. Q,uincy, their associates and succes-
sors, are hereby incorporated, by the name of the Needle
Woman's Friend Society, for the purpose of providing em-
ployment for indigent females, with all the powers and
subject to all the duties, liabilities and restrictions set forth
in the Revised Statutes, chapter forty-four.
1851. Chap. 25—26. 573
Sect. 2. The said corporation may receive and take, May receive
by purchase, grant, devise, bequest or otherwise, any real l^J^[d real
or personal property, and hold the same for the purposes
aforesaid, and may manage and dispose of the same : pro- Proviso.
vided, that the whole amount of the property held and
possessed by the said corporation shall not exceed in value
the sum of twenty thousand dollars.
Sect. 3. All the officers of the said society, except the All officers ex-
- . , rr,. •/• cept treasurer
treasurer, may be married women. 1 he treasurer, it a may be married
female, shall be unmarried. w°'"?n-
j i \iq treasurer
Sect. 4. Every married woman belonging to the said if female, shall
society, who shall, with the consent of her husband, re- EvCTvmsrried
ceive any of the money or other property of the said so- woman who
ciety, shall thereby render her husband accountable there- ^onejT&c.
for tO the Said Society. Husband liable.
Sect. 5. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 31, 1851.]
An Act to authorize Donald McKay to extend his Wharf. Chap. 26.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Donald McKay, proprietor of a wharf situated on Border
street, in that part of Boston known as East Boston, and Boston,
lying between and adjoining the land and flats of Noah
Sturtevant and Joseph Noble, is hereby authorized to ex- How far ex-
tend and maintain his wharf into the harbor channel as
far as the line established by the act entitled " an act
concerning the harbor of Boston," passed on the seven-
teenth day of March, in the year one thousand eight hun-
dred and forty, and he shall have the right to lay vessels May receive
at the end and sides of the said wharf, and to receive docka^ a"d
wharfage and dockage therefor : provided, however, that Proviso.
this grant shall not be construed to extend to any flats or
land of this Commonwealth, lying in front of the flats of
any other person, or which would be comprehended by the
true line of such flats continued to the commissioners' line :
and provided, also, that so much of the said wharf as may
be constructed below low water mark shall be built on
piles, which piles shall not be nearer to each other than six
feet in the direction of the stream, and eight feet in a
transverse direction, and that this act shall in no wise im-
pair the legal rights of any person or corporation whatever.
[Approved by the Governor, March 31, 1851.]
574
1851
-Chap. 27—30.
Chap. 27. -^n Act to establish a Fire Department in the Town of Fitchburg.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. A fire department is hereby established in the
town of Fitchburg, 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 departments,
passed on the ninth day of April, in the year one thousand
eight hundred and thirty-nine.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, March 31, 1851.]
Fire depart-
ment estab-
lished in Fitch
burg.
According to
act, April 9,
1839.
When to take
effect.
Chap. 28.
Extend a
wharf.
Construct a
marine railway,
&c.
May collect
dockage,
railway fees,
&c.
Proviso.
When to take
effect.
An Act authorizing Parker Burnham and others to extend their Wharf,
and construct a Marine Railway at Gloucester.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Parker Burnham, Elias Burnham and Joseph
B. Burnham, are hereby authorized and allowed to extend
their wharf, in the harbor of Gloucester, to a line drawn
from " Harbor Rock" to the southwest corner of " Pearce's
Wharf," and to construct and maintain a marine railway
adjoining the same for the purpose of repairing vessels ;
and they shall be allowed to collect dockage and wharfage,
and railway fees, from vessels occupying the same : pro-
vided, however, that this grant shall in no wise impair the
legal rights of any person whomsoever.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, March 31, 1851.]
Chap. 29.
Notaries public
to administer
oaths.
An Act authorizing Notaries Public to administer Oaths.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Notaries public, duly commissioned and qualified in this
Commonwealth, are hereby empowered to administer oaths,
in all cases in which the same may now be lawfully done
by justices of -the peace. [Approved by the Governor,
March 31, 1851.]
Chat). 30. ^n ^ct connrmm£ the Doings of the Nobscusset Point Pier Company,
* and granting additional privileges to the 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 :
Sect. 1. The Nobscusset Point Pier Company is here-
185!. -Chap. 30—32. 575
by authorized and allowed to make snch further improve- Authorized to
merits on the land, wharves and docks, belonging to the improvements,
said corporation, for the better accommodation of naviga-
tion in the harbor of Dennis, as shall be deemed requisite
by the said company; and the rights heretofore exercised Previous rights
by the said company, of building wharves in the outer confirmed-
harbor from the land of said corporation, and constructing
within the same a safe harbor for mooring vessels in win-
ter, are hereby allow ed and confirmed, and the said com- May collect
pany is hereby authorized to collect dockage and wharfage
on vessels occupying the same : provided, that this grant Proviso.
shall in no wise impair the legal rights of any person.
Sect. 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 31, 1851.] eftccl-
An Act concerning Probate Bonds. Chap. 3 1 .
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. J. When it shall be made to appear to any judge Judge of pro-
of probate, that the penal sum in any bond given to him, new bono!.0
or any of his predecessors in office, is not sufficiently large,
he may order the principal in such bond to give a new one,
with satisfactory surety or sureties ; and in case the"princi- May order the
pal shall not give such new bond within such time as shall novel and"
be ordered by the judge, he shall be removed from his appoint
trust, and some other person may be appointed in his place, a'
as the circumstances of the case may require.
Sect. 2. When a new bond shall be required as afore- When new
said, the sureties in the prior bond shall nevertheless be priorities'
liable for all breaches of the condition committed before stall be liab'e,
the new bond shall be approved by the judge of probate.
Sect. 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, March 31, 1851.]
An Act in addition to an Act concerning Damages for Defects in High- Chap. 32,
ways and other Ways.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The repeal of the twenty-second section of The repeal of
the twenty-fifth chapter of the Revised Statutes, contained r, s. shall not
in the second section of an act entitled " an act concerning prevent, &c.
damages for defects in highways and other ways," passed
on the second day of February, in the year one thousand
eight hundred and fifty, shall not prevent any person from
maintaining and prosecuting any action, brought before the
74
576
18ol.
-Chap. 32—34.
said act took effect, and recovering therein the amount of
damages sustained by him in any of the cases provided for
Shall only pre- by the said section of the Revised Statutes, but shall only
vent &c. .
prevent his recovering double the amount of such damages,
except in cases where verdicts had been rendered, as pro-
vided for in the second section of the said act, passed on
the second day of February, in the year one thousand eight
hundred and fifty.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, March 31, 1851.]
When to take
effect.
The town may
elect five per
sons, who, with
the minister,
shall be trustees.
Chap. 33. An Act to incorporate the Trustees of the Charitable Fund in the Town
of Lancaster.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The inhabitants of the town of Lancaster, at
any meeting duly called under a warrant having an article
therein for that purpose, may elect five persons, who, with
their successors, and the minister for the time being of the
first congregational society in the said town, duly settled
over the same, and his successors in office, shall thereafter
be constituted a body corporate, by the name of the Trus-
tees of the Charitable Fund in the Town of Lancaster ;
and whenever a vacancy *hall occur in the said board of trus-
tees, by death, resignation, removal, or otherwise, such
vacancy shall be supplied by a new election by the inhab-
itants aforesaid, at a meeting duly called, in the manner
above provided, for that purpose.
Sect. 2. Such trustees shall elect a clerk and treasurer,
who shall hold his office for the term of one year, or until
another shall be chosen in his stead ; and at all meetings of
the said trustees a majority of the whole number shall con-
stitute a quorum ; and it shall be the duty of such clerk
and treasurer to keep a true account of all moneys paid or
contributed towards the fund aforesaid, to hold, manage and
disburse the same as the trustees shall direct, regard being
had to the wishes of the donors when known, and faithfully
to account for the same when thereto lawfully required.
[Approved by lite Governor, March 31, 1851.]
All vacancies to
be supplied by
new election.
Trustees shall
elect a clerk and
treasurer for one
3"ear, or until an-
other be chosen.
A majority of
the trustees form
a quorum.
Duly of the
clerk and treas-
urer.
Chap. 34.
The Fitchburs'
and Worcester
Jlnilroad pu •
An Act concerning the Fitcb.burg and Worcester Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Fitchburg and Worcester Railroad Company are
hereby authorized, in pursuance of any contract in writing
1851. Cuai'. 34—36. 577
that may be made between them and the Fitchburg Rail- thorized io lo-
road Company, and not otherwise, to locate and construct struct a track"
a track for the use of their freight trains only, from their on certain con-
passenger depot in said Fitchburg. across the land adjacent
to the passenger depot of the Fitchburg Railroad Company
in Fitchburg, so as to connect the said track with the track T° connect
°' , . . with tlie Ver-
of the Vermont and Massachusetts Ra:lroad, and in such mont and Mass.
manner, as to the place and manner of construction, and as Ra,lroad-
to the manner and times of using the same, as may be de-
termined by such written contract with the said Fitchburg
Railroad Company. [Approved by the Governor, March
31, 1851.]
An Act to authorize John Morgan and Henry Morgan to extend their Chart 35
Wharf. l
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
John Morgan and Henry Morgan are hereby authorized
to extend and maintain their wharf, in the town of Beverly, Beverly,
into the harbor of said Beverly, to a distance not exceeding
the line of the ends of the adjoining wharves, as they now
are, and to extend the sides of the said wharf on parallel
lines with the sides of the said adjoining wharves ; the said Have right to
extension to be built upon piles ; and they shall have the reUvfdock?d
right to lay vessels at the end and sides of the said wharf, age, &c
and to receive wharfage and dockage therefor : provided, Proviso.
that this grant shall not in any manner interfere with the
legal rights of any persons whomsoever. [Approved by the
Governor, March 31, 1851.]
An Act to incorporate the Oread Institute. Cluw 36
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Eli Thayer, Isaac Davis, Stephen Salisbury, Corporators.
their associates and successors, are hereby made a corpora-
tion, by the name of Oread Institute, in Worcester, in the Name.
county of Worcester, with all the powers and privileges, Powers, duties,
and subject to all the duties, restrictions and liabilities, set jfadfjf"
forth in the forty-fourth chapter of the Revised Statutes.
Sect. 2. The said corporation may hold real estate to May hold real
the amount of sixty thousand dollars, and personal property p^^af60'000'
to the amount of ten thousand dollars, to be devoted exclu- #10,000.'
sively to the education of females. [Approved by the Gov- PurP0SC-
erfior, March 31, 1851.]
578 1851.— Chap. 37—38.
Chap. 37. -A-11 Act to authorize John W. Damon 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 W. Damon is hereby authorized to extend his
Chariestown. wharf, in the city of Charlestown. to the line established by
the " act concerning the harbor of Boston," passed on the
seventeenth day of March, in the year one thousand eight
Right to lay hundred and forty, and he shall have the right to lay ves-
docSkeat'ere&ec.ve se^s at tne en^ an(^ s^es °f tne sa^ wharf, and to receive
Proviso. wharfage and dockage therefor : provided, however, that
this grant shall not be construed to extend to any flats or
land of this Commonwealth lying in front of the flats of
any other person, or which would be comprehended by the
true line of such flats continued to the commissioners' line :
Further proviso, and provided, also, that so much of the 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 direc-
tion, and that the provisions of this act shall in no wise
affect the legal rights of any persons whomsoever. [Ap-
proved by the Governor, April 5, 1851.]
Chat) 38 ^n ^ct ^or t'ie aPPomtmcnt or* an Assistant Clerk of the Courts for the
"' ' County of Middlesex.
Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as follows :
Supreme judi- Sect. 1. The justices of the supreme judicial court may,
appoint'a'cfCTk H"om tmie to time> appoint some suitable person to act as
as assistant, &c. assistant clerk of the courts for the county of Middlesex,
His term of of- who shall hold his office for the term of two years from the
Sha/i g^brad tnile °f 111S appointment, and give bond, be sworn, and be
and be sworn, subject to removal, in like manner as is provided by law in
Shall perform regard to the clerk of the said courts, and shall perform his
*">• duties under the direction of the said clerk, and shall pav
shall pay over , , . ,,, - - ., ' . * /
all fees, &c. over to the clerk all fees and sums received by him, as such
assistant, to be accounted for according to law ; and he
Shall receive shall receive for his services such sum, not exceeding eight
gsoo^peryefr. hundred dollars a year, as the said justices shall direct, to
be retained and paid to him by the clerk from the residue
of the fees which he is now required to pay to the county
treasurer.
May authenti- Sect. 2. Such assistant clerk may authenticate papers,
cate papers, &c. anrj perform such other duties of the clerk as shall not be
in ease of the performed by him, and in case of the absence, neglect, re-
Aceo^hedcierk moval> resignation or death of the clerk, may complete and
1851. Chap. 38—40. 579
attest any records remaining unfinished, and act as clerk of may complete
the courts in the said county, until a new clerk be appointed jto&hed&c.™11"
and qualified.
Sect. 3. The clerk of the courts for the said county, cicrk of the
out of any balance of fees in his hands on the first day of ovefmonew'to
January, in the year one thousand eight hundred and fifty- assistant,
one, payable by law to the county treasurer, may pay to
any person who, since the first day of June last, may have
officiated as assistant clerk or as clerk pro tempore in any of
the judicial courts in the said county, such sum, not exceed- Not exceeding
ing five hundred dollars, as the said justices may direct, to ^a00'
be retained and applied for that purpose.
Sect. 4. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 5, 1851.] effect"
An Act concerning the Hancock Free Bridge Corporation. CIlGl). 39
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Notwithstanding the assignment and transfer heretofore Stockholders
made, or that shall hereafter be made, by any stockholder Kembers6 10
of the Hancock Free Bridge Corporation, of his shares until> &c-
therein, to the said corporation, he shall still continue to be
a member thereof until the objects of the same shall be
accomplished ; and the said corporation shall not, by reason Corporation
of such assignments and transfers, be released from its obli- fha" not be re~
i r-< it • leased.
gation to the Commonwealth to carry out its objects, as
provided in its act of incorporation. [Approved by the Gov-
ernor, April 5, 1851. J
An Act concerning the election of Representatives in Congress, and ryj as\
Electors of President and Vice President of the United States. L>llCip. 4U.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever, after the passage of this act, there in case ot fail-
shall be a failure to elect a representative iu Congress, in "rcloclect al
o ? first meet id °*
any district, at the first meeting which shall be held there- proceedings'
for, agreeably to the provisions of the sixth chapter of the subseauentd f°r
Revised Statutes, the same proceedings shall be had for meetings.
subsequent further meetings as are required by the said
sixth chapter ; and the person receiving the highest number The person who
of votes at any such subsequent meeting, shall be declared htghestnumber
elected, and shall receive a certificate of his election in the of votes at sub-
manner provided in the said chapter. fngr.XVi'rc'.ic-
Sect. 2. Whenever, hereafter, elections shall be holden clared elected,
in this Commonwealth for the choice of electors of presi- ceive certifi-
cate.
580 1851. Chap. 40—41.
The electors of dent and vice president of the United States, the several
vfce'president, persons who shall receive the highest number of votes at
who shall re- such election, to the number required to be chosen, shall
est number of be deemed to be elected, and the governor shall transmit to
votes, shall be eacn person, so chosen, a certificate of his election.
deemed elected. ■*■ *
Gov. shall Sect. 3. If, upon examination of the votes given at
cate^&c certlfi' such election, agreeably to the provisions of the sixth chap-
ter of the Revised Statutes, it shall appear that two or
if two or more more persons have received an equal number of votes, by
persons receive reason whereof a majority of the electors shall not be
an equal num- J •>
ber of votes, chosen, the governor shall, by proclamation, call the Gen-
SaifcInThe1 era^ Court together forthwith, and the General Court shall,
General Court by joint ballot of the senators and representatives, assem-
tog-ether, and it i i -, ■ i , i 11 i_
shall elect, by bled in one room, choose as many electors as shall be ne-
jojnt ballot, to cessary to complete the number to which this Common-
fill the vacan- . ' , *'*i A
cies. wealth may be entitled.
Ail acts incon- Sect. 4. All acts and parts of acts inconsistent with
sistent, repeal- ^e provisioiis of this act, are hereby repealed.
When to take Sect. 5. This act shall take effect from and after its
effect. passage. [Approved by the Governor, April 5, 1851.]
Cliff}) 41 ^n ^c^ *° incorPorate the Hampden Mutual Fire Insurance Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. William B. Calhoun, Henry Sizer, Chester W.
Chapin, their associates and successors, are hereby made a
Name. corporation, by the name of the Hampden Mutual Fire
Insurance Company, to be established in Springfield, for
Purpose. the term of twenty-eight years, for the purpose of insuring
buildings, stock in trade, and all other kinds of personal
property, on the mutual principle, with all the powers and
Duties, &c. privileges, and subject to all the duties, restrictions and
*V s> c}-f? a"d liabilities, set forth in the thirty-seventh and forty-fourth
44, and other » J J
laws. chapters of the Revised Statutes, and in all other general
laws of this Commonwealth, which are now in force or
which may hereafter be enacted relating to such corpora-
tions.
Whenever Sect. 2. After the organization of the said corporation,
#100,000 sub- books may be opened for the subscription of a guarantee
also insure,^&c. capital of one hundred thousand dollars ; and whenever
that amount shall be subscribed and paid in, the said corpora-
tion may also insure and issue policies otherwise than on
the mutual principle. Said guarantee capital shall be divid-
Semi-annuui ed into shares by the said corporation, and shall be entitled
dividend. t0 receive a semi-annual dividend, such as may be deter-
mined by the directors, not to exceed four per cent. ; and
1851.- — Chap. 41—43. 581
no such shares shall be issued for a less sum or amount, to
be actually paid in, in cash, than the par value of the
shares which shall be first issued.
Sect. 3. After the first election no person shall be eli- Eligibility of eli-
gible as an officer or director, or be entitled to vote as a rcc ors'
member of the said corporation, unless he shall be the hold-
er of a mutual policy.
Sect. 4. The said corporation may invest its funds in investment of
any manner in which insurance companies or savings banks funds-
are or may be by law authorized to do. [Approved by the
Governor, April 14, 1851.]
An Act relating to Accounts for the support of State Paupers. Chan. 42.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. From all accounts for the support of State
paupers, which shall not be rendered to the secretary of the
Commonwealth within the time now prescribed by law,
there shall be deducted ten per cent, on the proper amount, 10 per cent, to
as ascertained after examination and correction by the au- be deducted
,. r i ' ' /• ' -i i ■ -i-i from all ac-
ditor oi accounts, as a penalty for delay in rendering the counts not ren-
same ; and in case such return shall not be made on or be- deredwthiirthe
' time prescribed
fore the expiration of the month of December, in the same by law.
year, there shall be a further deduction of five per cent, of 5 per cent, more
the amount ascertained to be due, and a further deduction f° be deducted
111 CtlSG *V c
of five per cent, for each succeeding month during which And 5 per cent,
such return shall be delayed. mombSaddi-
Sect. 2. The third section of the act of the year one tionai delay.
thousand eight hundred and forty-nine, chapter one hun-
dred and fifty-one, is hereby repealed. [Approved by the Act repealed.
Governor, April 14, 1851.]
An Act to incorporate the Seamen's Savings Bank in Provincetown. Chat) 43
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
David Fairbanks, Joseph B. Hersey, Thomas Nickerson, Corporators.
their associates and successors, are hereby made a corpora-
tion, by the name of the Seamen's Savings Bank, to be Name,
established in the town of Provincetown, with all the
powers and privileges, and subject to all the duties, liabili- Powers, duties,
ties and restrictions, set forth in the thirty-sixth chapter of ^i'^'wlnd
the Revised Statutes, and in all other laws of this Com- aii other laws,
monwealtli relating to institutions for savings. [Approved &c"
by the Governor, April 14, 1851.]
582 1851- Chap. 44—45.
Chcip. 44. An Act to authorize William Howes to build Wharves.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
William Howes is hereby authorized to build and main-
tain two wharves, from his land on the west side of Sesuet
Dennis. Harbor, in Dennis, and to extend the said wharves to the
Right to lay western edge of the channel, with the right to lay vessels
vessels, receive at the said wharves, and to receive wharfage and dockage
Proviso. ' therefor : provided, that this grant shall not impair the le-
Further provi- gal rights of any person; and provided further, that the
said wharves shall not be constructed nearer the East Den-
nis Wharf Company's wharf, or piles, than seventy feet.
[Approved by the Governor, April 14, 1851.]
ChatJ 45 ^n ^c^ *° authorize Noah Sturtevant 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 :
Noah Sturtevant, proprietor of a wharf situated on Bor-
East Boston, der street, in that part of Boston known as East Boston,
and lying between and adjoining the land and flats of Do-
nald McKay and the land and flats formerly owned by
George Randall and John C. Haskell, is hereby authorized
to extend and maintain his wharf into the harbor channel,
as far as the line established by the act entitled " an act
concerning the harbor of Boston," passed on the seven-
teenth day of March, in the year one thousand eight hun-
Rigin to lay dred and forty ; and he shall have the right to lay vessels
vessels, receive at the end and sides of the said wharf, and to receive
Proviso! wharfage and dockage therefor ; provided, however, that
this grant shall not be construed to extend to any flats or
land of this Commonwealth, lying in front of the flats of
any other person, or which would be comprehended by the
true line of such flats continued to the commissioners' line ;
and provided, also, that so much of the said wharf as may
be constructed below low water mark, shall be built on
piles, which shall not be nearer to each other than six feet
in the direction of the stream, and eight feet in a trans-
verse direction, and that this act shall in no wise impair the
legal rights of any person. [Approved by the Governor,
April 14, 1851.]
1851. Chap. 46—48. 583
An Act to authorize William F. Davis and Joshua S. Sanborn to ex- Chap. 46.
tend their Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
William F. Davis and Joshua S. Sanborn are hereby
authorized to extend their wharf in the harbor of Glouces- Gloucester.
ter, to a line drawn from the southwest corner of " Rog-
ers7 pier," to the easterly corner of " J. Mansfield and Sons'
wharf," the end thereof on the said line not to exceed
forty-one feet in width ; and they shall have the right to
lay vessels at the said wharf, and to receive dockage and Right to lay
wharfage therefor : provided, that this grant shall in no wise vprotil'o. °
impair the legal rights of any person ; and provided, also,
that this act shall become void unless the said wharf shall Must be extend-
be extended within two years from the first day of May ^sSmU
next. [Approved by the Governor, April 14, 1851.] f, 1851.
An Act to authorize Samuel Higgins and his associates to rebuild and Chan. 47.
extend their Wharf. •*
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Samuel Higgins and his associates are hereby authorized
to rebuild and maintain their wharf, known as the " Enter-
prise wharf," on the easterly side of " Duck Creek," in Weiifleet.
the harbor of Weiifleet, and to extend the same twenty
feet towards the channel of the said creek, and to lay ves-
sels at the said wharf and receive dockage and wharfage
therefor : provided, that this act shall in no wise impair the Proviso.
legal rights of any person. [Approved by the Governor,
April 14, 1851.]
An Act to authorize Harvey Sparks to build a Wharf. Chap. 48.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Harvey Sparks is hereby authorized to build and main-
tain a wharf from his land adjoining the harbor of Prov- P">vincetown.
incetown, and to extend the same to six feet of water at
low tide ; and he shall have the right to lay vessels at
the said wharf, and to receive wharfage and dockage there-
for : provided, that this grant shall in no wise impair the Proviso.
legal rights of any person. [Approved by the Governor,
April 14, 1851.]
75
584 1851. — —Chap. 49—51.
Chap. 49. An Act t0 authorize Reuben A. Adams to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Reuben A. Adams is hereby authorized to build and
maintain a wharf from his land adjoining the harbor of
Provincctowu. Provincetown, and to extend the same into six feet of
water at low tide, and to lay vessels at the said wharf, and
Proviso. receive wharfage and dockage therefor : provided, that this
grant shall in no wise impair the legal rights of any person.
[Approved by the Governor, April 14, 1851.]
Chap. 50. An Act to authorize the heirs of Joseph Belcher to extend their Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The heirs of Joseph Belcher, late of Boston, proprietors
of a wharf and flats called " Belcher's wharf," situated on
East Boston. Border street, in that part of Boston known as East Bos-
ton, and lying between and adjoining the land and fiats of
Charles F. Gardner and Sturtevant and Edwards, are here-
by authorized to extend and maintain their wharf into the
harbor channel, as far as the line established by the act en-
titled "an act concerning the harbor of Boston," passed on
the seventeenth day of March, in the year one thousand
Right to lay eight hundred and forty ; and they shall have the right to
doTkaXR&c'e ^ay vessels at the ends and sides of the said wharf, and to
Proviso. receive wharfage and dockage therefor : provided, however,
that this grant shall not be construed to extend to any flats
or land of this Commonwealth, lying in front of the flats of
any other person, or which would be comprehended by the
true lines of such flats continued to the commissioners' line :
Further pro- and provided, also, that so much of the said wharf as may
viso- be constructed below low water mark, shall be built on
piles, which piles shall not be nearer to each other than six
feet in the direction of the stream, and eight feet in a trans-
Shall not impair verse direction, and that this act shall in no wise impair the
ga "Slls- legal rights of any person. [Approved by the Governor,
April 14, 1851.]
Chap. 51. -^n Act to authorize Joseph Maylicw to construct a Marine Railway, at
Edgartown.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows:
Sect. 1. Joseph Maylicw is hereby authorized and al-
lowed to construct and maintain a marine railway from his
1851. Chap. 51—54. 585
land adjoining the harbor of Edgartown, and to extend the Edgartown.
same to a suitable depth of water in the said harbor: pro- Proviso.
vided, that this act shall in no wise impair the legal rights
of any person whomsoever.
Sect. 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 14, 1851.] effect-
An Act to incorporate the Randolph Savings Bank. Chap. 52.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Bradford L. Wales, Enoch French, J. W. Lewis, their Corporators,
associates and successors, are hereby made a corporation,
by the name of the Randolph Savings Bank, to be estab-
lished in the town of Randolph; with all the powers and Duties, liabii-
privileges, and subject to all the duties, liabilities, and re- R^s.^h.' 36
strictions, set forth in the thirty-sixth chapter of the Re- and other laws,
vised Statutes, and in all other laws of this Commonwealth
relating to institutions for savings. [Approved by the Gov-
ernor, April 14, 1S51.]
An Act concerning the Manufacturers and Mechanics Insurance Coin- Chap. 53.
pany.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. The Manufacturers and Mechanics Insurance Authorized to
Company, in the town of Haverhill, are hereby authorized filcanollce-
to file a notice of the acceptance by them of their charter,
with the secretary of the Commonwealth, within thirty
days from the passage of this act, and the filing of such,
shall have the same effect as if it had been filed agree-
ably to the provisions of the twenty-first chapter of the
acts of the year one thousand eight hundred and forty-
two, and the charter of the said company shall thereupon
have the same force and effect that it would have had, if
the provisions of the said twenty-first chapter, in regard to
notice of such acceptance, had been complied with.
Sect. 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 14, 1851.]
effect.
An Act to annex a part of the Town of Newbury to the Town of New- Qhap. 54.
buryport.
BE it enacted by the Senate and House of Representa-
tives, in General Court assetJibled, and by the authority of
the same, as folloios :
Sect. 1. So much of the town of Newbury, in the
586
1851-
«C»APr 54.
Boundaries of county of Essex, as lies within the following named lines,
nexcdTo^New-" to wit : beginning at the northerly boundary of Newbury-
buryport. p0rt; on the Merrimack River ; thence running by the New-
bury line, in the said river, to the line of West Newbury, at
the mouth of Artichoke River ; thence up the said last
named river, and through the middle thereof, about five
hundred and seventy-two rods and twenty-two links, to a
place on the said stream known as the " New Log ;" thence
south twenty-five degrees east, about three hundred and
sixty rods, to the most easterly corner of West Newbury ;
thence in a direct line, northeasterly, to the westerly corner
of Newburyport ; thence by the line of Newburyport to
the southerly side of a stream called Little River ; thence
by the southerly side of the said last mentioned stream to
the southeasterly side of the road at Clark's bridge, so
called : thence on a straight line to an elm tree near the
Newburyport turnpike, on land of Daniel Colman, southerly
of the said Colmairs house ; thence to the northerly side
of Marlborough street, on High street ; thence to the most
southerly bend of the Plumb Island turnpike : thence on a
straight line to the ocean, four rods southerly of the light
keeper's house on Plumb Island ; thence by the ocean to
Salisbury line ; thence by the line of Salisbury to New-
buryport ; with all the inhabitants and estates thereon, is
hereby set off from the town of Newbury, and annexed to
The inhabitants the town of Newburyport ; and the said inhabitants shall
to be considered hereafter be considered inhabitants of Newburyport, and
inhabitants of . . -, •
Newburyport, shall enjoy all the rights and privileges, and be subject to
righuS sib- au tne duties alld liabilities, of the inhabitants of the said
jccttoaiithe town: provided, however, that for the purpose of electing
ProMso. C* tne representatives to the General Court to which the said
Election of rep- town of Newbury is entitled, until the next decennial cen-
sus shall be taken, in pursuance of the thirteenth article of
amendment to the constitution, the said territory shall re-
main and continue to be a part of the town of Newbury,
and the inhabitants resident thereon shall be entitled to vote
in the choice of such representatives, and shall be eligible
to the office of representative, in the town of Newbury, in
the same manner as if this act had not been passed.
Sect. 2. The said inhabitants and estates, so set off,
shall be liable to pay all taxes that may have been legally
assessed on them by the town of Newbury, in the same
The town of manner as if this act had not been passed; and the town
NaWtePro-t0 of Newburyport shall be holden to pay their just and equi-
ponion of the table proportion of the debts of Newbury, and shall also be
entitled to receive their just and equitable proportion of all
rcsentatives to
General Court.
Inhabitants en-
tilled to vote
and eligible to
office, &c.
Inhabitants and
estates set oft to
pa)' taxes, &c.
bury, and re-
ceive their pro
portion of the
the property owned by the town of Newbury ; the said
1851. Chap. 51. 587
proportions to be ascertained by the taxes paid by the in- property of the
habitants, and upon the property assessed, in the part set off \^.° °W"
and the part remaining, the past year.
Sect. 3. The said towns of Newbury and Newburyport Support of pau-
shall be respectively liable for the support of all persons pers'
who now do or shall hereafter stand in need of relief as
paupers, whose settlement was gained by or derived from a
residence on their respective territories : provided, that noth- Proviso.
ing in this act shall affect any agreement heretofore made
between the towns of Newbury and Newburyport for the
support of paupers.
Sect. 4. In case the said towns shall not agree on a in case they
division of property, debts, paupers, and all other existing fp"n ™l ^fs°
town liabilities, the court of common pleas for the county ion of property,
of Essex shall, upon the petition of either of the said towns, courtCof'com-ie
appoint three competent and disinterested persons to hear nion .Plcas may
the parties and award thereon; and their award, accepted persons, &cC
by the court, shall be final : provided, however, that until Proviso.
the division of the said property as aforesaid, the same
shall be and remain under the control of the town of New-
bury, and the inhabitants of Newbury may hold their town
meetings in the town house, as heretofore.
Sect. 5. The selectmen of Newburyport shall annually, The selectmen
fourteen days at least before the second Monday of Novem- toSshTcoJ!
ber, furnish the selectmen of Newbury a correct list, so far rectiist of _aii
as may be ascertained from the records of the town of iovote^&c.
Newburyport, or any of its officers, of all persons resident
on the territory hereby set off, who shall be entitled to vote
for representatives, as aforesaid, in Newbury ; and for every For every neg-
neglect by the said selectmen so to furnish such list, the 'l?™'1311 for ■
town of Newburyport shall forfeit the sum of one hundred
dollars, and for the making of any false return in respect to For any false
any part of such list shall forfeit the sum of twenty dollars ^ *£$*$£*"
for every name in respect to which a false return shall have
been made, to be recovered in the same manner as is pro-
vided by the fourth section of the third chapter of the Re-
vised Statutes, in respect to penalties for neglect, or false
returns of collectors of towns.
Sect. 6. The said towns of Newbury and Newburyport The towns of
may, at town meetings duly notified, within seven days Newburypm't
after the passage of this act, grant and vote such sums of may grant and
., '. , . , *• ii vote such sums
money as they may respectively judge necessary for all 0f money, &c.
purposes authorized by law, and reconsider, modify, and
change any vote on that subject passed at their annual
meetings the present year.
Sect. 7. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 17, 1851. J
588
1851.-
-Chap. 55—58.
Chap. 55,
Powers, &c.
act April 9,
1839.
Chap. 56,
Wellfieet.
Dockage, &c.
authorized.
Proviso.
Chap. 57.
Nut necessary
to be recorded
by any city or
town clerk.
Acts inconsis-
tent, repealed.
An Act to establish a Fire Department in the Town of Natick.
BE it enacted by the Senate and House of Representa-
tives, in Ge?ieral Court assembled, and by the authority of
the same, as follows :
A fire department is hereby established in the town of
Natick, 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 hun-
dred and thirty-nine. [Approved by the Governor, April
24, 1851.]
An Act to authorize Thomas Holbrook 2d to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Thomas Holbrook 2d is hereby authorized to build and
maintain a wharf from his land on the westerly side of the
northeast arm of Duck Creek, in the harbor of Wellfieet, to
the channel of the said creek, and to lay vessels thereat,
and receive wharfage and dockage therefor : provided, that
this act shall in no way impair the legal rights of any per-
son. [Approved by the Governor, April 24, 1851.]
An Act concerning Mortgages of Ships or Vessels.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. It shall not be necessary to the validity of any
mortgage, contract of bottomry, or respondentia, or any
transfer, assignment, or hypothecation of any ship or vessel,
that the same shall be recorded by any city or town clerk.
Sect. 2. All acts or parts of acts inconsistent herewith
are hereby repealed. [Approved by the Governor, April
24, 1851.]
Chap. 58.
An Act to authorize Sheriffs and their Deputies to administer Oaths to
Appraisers.
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 :
Whenever any sheriff or deputy sheriff shall make an
attachment of animals, or other property of the description
embraced in the fifty-eighth section of the ninetieth chap-
ter of the Revised Statutes, such attaching officer may ad-
minister to the appraisers the oath required by the fifty-ninth
section of the said chapter. [Approved by the Governor,
April 24, 1851.]
1851.- — Chap. 59—60. 589
An Act to incorporate the Milford Savings Bank. Chap. 59.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
David S. Godfrey, A. C. Mahew, W. A. Hayward, their Corporators,
associates and successors, are hereby made a corporation, by
the name of the Milford Savings Bank, to be established in
the town of Milford, with all the powers and privileges, powers, duties,
and subject to all the duties, liabilities and restrictions, set f6c-£;S' ch*
forth in the thirty-sixth chapter of the Revised Statutes,
and in all other laws of this Commonwealth relating to in-
stitutions for savings. [Approved by the Governor, April
24, 1851.]
An Act confirming the doings of the New London, Willimantic and Chap. 60.
Palmer Railroad Corporation, in issuing bonds and pledging their "'
property for securing the payment of the same.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloiDS :
Sect. 1. The act of said corporation, in issuing bonds Act of theeor-
, . . , -,. . . poration con-
bearmg interest at a rate not exceeding seven per cent., to fcrmed.
an amount not exceeding five hundred thousand dollars,
agreeably to an act of the General Assembly of the state
of Connecticut, passed at the May session, in the year one
thousand eight hundred and forty-nine, is and shall be as
valid as if the same had been done by authority of an act
heretofore granted for that purpose by the Legislature of
this Commonwealth.
Sect. 2. The mortgage of said corporation, conveying Mortgage made
to Jonathan Starr, Charles P. Williams, and Thomas Back- tion raUfieS°and
us, and the survivor and survivors of them, and their sue- confirmed,
cessors, as trustees in trust for the payment of the bonds
issued under the authority of the aforesaid act of the Gen-
eral Assembly of the state of Connecticut, all the real and
personal estate, rights and franchises of the said corporation,
acquired or to be acquired, made and executed on the eight-
eenth day of September, in the year of our Lord one thou-
sand eight hundred and forty-nine, is hereby ratified and
confirmed, and the same is and shall be as valid and effec-
tual for the alienation and conveyance of all the property
and effects of the said corporation, lying and being within the
Commonwealth of Massachusetts, as of that being within
the state of Connecticut, for the purpose or purposes ex-
pressed in the said deed of conveyance ; the said deed of con- where deeds
veyance being recorded in the record of deeds in the town *™dt°dbe re
clerk's office in Monson and Palmer, and in the registry of
590 1851.— -Chap. 60—61.
Proviso. deeds for the county of Hampden : provided, that in case the
said trustees, the survivor or survivors of them, or their suc-
cessors, shall take possession of the property and effects of
said corporation by virtue of said mortgage, one of said
trustees shall reside in this Commonwealth, on whom pro-
cess against said corporation or its assigns may be legally
served, and said corporation and its assigns shall be held to
answer within the jurisdiction where such service shall be
made, and where the process may be returnable.
Corporation au- Sect. 3. The said corporation is hereby authorized to
makefurther make, execute and deliver to the said trustees, or any other
conveyances of persons as trustees, any and every such further instruments
&c.r im)perty' and conveyances of their property and effects as may be re-
quired or necessary for the better effectuating the objects and
purposes of the mortgage aforesaid, and for securing the pay-
ment of bonds issued by said corporation, not exceeding
five hundred thousand dollars ; and all instruments and
conveyances so made shall be recorded in like manner as
said mortgage is required to be by the second section of this
Proviso. act : provided, that one of said trustees, the survivor or
survivors of them, to whom such instrument or conveyance
may be given, shall reside in this Commonwealth, upon
whom process against said corporation and its assigns may
be legally served ; and said corporation and its assigns shall
be held to answer within the jurisdiction where such service
shall be made, and where the process may be returnable.
New bonds and Sect. 4. Nothing in this act shall be construed to au-
to'slxper'cent!11 th°rize the issuing of any new bonds, or the renewal or
interest. extension of payment of any already issued, bearing a high-
er rate of interest than six per cent, per annum. [Approved
by the Governor, April 24, 1851.]
Chap. 61. An Act in addition to the Act to incorporate the Worcester Children's
Friend 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 :
Overseers of the Sect. 1. In all cases, where overseers of the poor are
to WnTout'chlu authorized by law to indent and bind out to individual cit-
dren to theWor- izens poor and destitute children, they are hereby author-
drelf's Friend ize(l and empowered to indent and bind out such children
Society. to the Worcester Children's Friend Society, to be retained,
employed, and instructed by the said society, or to be by
the said society bound out or disposed of in like manner as
other children whom they are now authorized to receive
into their institution.
Sect. 2. In addition to the cases in which the said so-
1851. Chap. 61—63. 591
ciety are authorized to accept a surrender in writing of any When said so-
indigent child admitted to their institution, they may ac- cepfsTrrender
cept such surrender from the mother of the child, when ofa child by its
the mother and child have been deserted by the father of mo
the child, and no provision has been made by him for their _ .
.,/, , r t r ,i Proviso.
support : provided, that the consent of the overseers ol the
poor of the city or town where such mother may reside, or
of the judge of probate for the county of Worcester, shall
first be obtained in writing, to such surrender. [Approved
by the Governor, April 24, 1851.]
An Act to change the Name, and in addition to an Act to incorporate the CIlClV. 62.
Maiden 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 :
Sect. 1. The said Maiden Company may take and Name changed,
hereafter be known by the name of the Boston Iron Tube
Company.
Sect. 2. The said Boston Iron Tube Company, in ad- Additional pow-
dition to their powers possessed by the Maiden Company, ers conferred-
are hereby authorized to manufacture iron tubes, and the
articles connected therewith. [Approved by the Governor,
April 24, 1851.]
An Act concerning the Boston, Barre, and Gardner Railroad Corporation. Chap. 63.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The time allowed to the Boston, Barre, and Time extended
Gardner Railroad Corporation, by an act passed the twen- to Ju,y l' 1833'
ty-fourth day of March, in the year one thousand eight
hundred and forty-nine, for constructing their railroad, is
hereby extended to the first day of July, in the year one
thousand eight hundred and fifty-three.
Sect. 2. The said corporation are hereby released from Releases grant-
all obligation to construct that part of their said railroad, as ^nthe co,Pora"
described in their charter, from a point at the junction of
the two branches of said railroad in the town of Prince-
ton, through the towns of Rutland, Hubbardston, and Oak-
ham, to some convenient point near the centre of Barre ; and
they may construct, or omit to construct, any part thereof,
as they may elect ; and they may also construct and main-
tain the other parts of their said railroad, from some conven-
ient point on the Worcester and Nashua Railroad, in the
city of Worcester, through the towns of Holden, Rutland,
Princeton, and Hubbardston, to some convenient point on
76
592 1851.— Chap. 63— 65.
the Vermont and Massachusetts Railroad, in the town of
Gardner.
A new subscrip- Sect. 3. When this act shall have been accepted by
tio" shd&bce sa^ corporation, a new subscription for the capital stock
thereof shall be opened, and the persons holding the stock
of said corporation, heretofore subscribed for, shall not be
liable for any assessments on the shares of said stock here-
tofore subscribed for, for any expenses hereafter incurred
by said corporation in any manner.
Corporation Sect. 4. The said corporation shall not commence the
shall not com- constrUction of their railroad until six thousand shares of
mence construe- ~ _
tion, until, &c. the capital stock named in their charter, shall have been
subscribed for by responsible parties, and twenty per cent,
paid into the treasury of the corporation ; the amount of
said number of shares being the estimated cost of the said
railroad, from Worcester to Gardner ; and the said corpora-
tion shall not commence the construction of that part of
the said railroad from Princeton to Barre, until four thou-
sand additional shares of their said capital stock shall have
been subscribed for by responsible parties, and twenty per
cent, paid into the treasury of the corporation. [Approved
by the Governor, April 24, 1851.]
Chap. 64. A" Act to extend the time for paying in the Capital Stock of the Mari-
* iners Bank, in Dennis.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Time extended Sect. 1. The time for paying in the capital stock of the
to April 1,1852. ]y£siriners Bank, in Dennis, is hereby extended to the first
day of April, in the year one thousand eight hundred and
fifty-two.
When to take Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 24, 1S51.]
sffect.
Chap. 65. An Act to authorize Anthony Heed to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Anthony Reed is hereby authorized to build and main-
Dightoii. tain a wharf from land owned by him in the town of Digh-
ton, situated on the westerly side of Taunton Great River,
and adjoining the said river, between the wharf of William
Cobb and the wharf occupied by Charles Whitmarsh, to a
distance not exceeding three hundred feet in width : pro-
Proviso, vided, that the said wharf shall not extend into the harbor
or channel, so as to impede the navigation of the said river,
1 Sol. —Chap. 65—67. 593
and he shall have the right to lay vessels at the said wharf, Right of dock-
and to receive dockage and wharfage therefor : provided, agc< &c-
that this act shall in no wise affect the legal rights of any VisoUerpr°~
person. [Approved by the Governor, April 24, 1851.]
An Act to authorize Thomas Sparrow and others to extend their Wharf. Chap. 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 :
Sect. 1. Thomas Sparrow, Joseph Reed, Isaiah Lewis,
and their associates, are hereby authorized to extend and
make improvements in their wharf, located at a place call-
ed Jaekknife Harbor, at Monomoy Point, in the town of Chatham.
Chatham; and they shall have the right to lay vessels at Right of dock-
the ends and sides of the said wharf, and to receive wharf- ase>&e-
age and dockage therefor : provided, that the same shall Proviso.
not obstruct the safe anchorage of vessels in the harbor,
and shall not interfere with the legal rights of any person.
Sect. 2. What the said Thomas Sparrow, Joseph Reed, Previous action
and Isaiah Lewis have already done in the premises, by confirmed-
way of construction, is hereby confirmed. [Approved by
the Governor, April 24, 1S51.]
An Act to authorize Samuel Adams to extend his Wharf. Chap. 67.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Samuel Adams is hereby authorized to widen, extend,
and maintain his wharf, in the town of Beverly, into the Beverly,
harbor of Beverly, on the easterly side, on a parallel line
with the wharf owned by Eliot Woodbury, and on the
westerly side, on a line not nearer, at any one point, to
the wharf owned by Foster and Lovett, than fifty feet,
and extending into the harbor to a distance not exceeding
the line of the end of the said wharf of Foster and Lovett,
the said extension, below low water mark, to be built upon
piles ; and he shall have the right to lay vessels at the end Right of dock-
and sides of the said wharf, and to receive dockage and age'
wharfage therefor : provided, that this grant shall not in Proviso,
any manner interfere with the legal rights of any person
whomsoever. [Approved by the Governor, April 24, 1851.]
594
1851. — -Chap. 68—70.
Chap. 68. A-n Act m further addition to an Act concerning Weights, Measures and
*■ Balances.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
In all cases of buying and selling, where, by the customs
of trade, the weights, measures, scales, beams and balances
used are provided by the buyer, he shall be subject to the
same penalties for the employment of illegal weights, meas-
ures, scales, beams, or balances, to be recovered in the
same manner, and to the same use, as are enacted against
the seller, for the like offence, by the fifth section of the
act to which this act is in addition. [Approved by the Gov-
ernor, April 24, 1851.]
Buyer subject
to same penal
ties as seller.
Chap. 69.
Corporators.
Purpose.
Duties, &c.
R. S. ch. 44.
May hold es-
tates not ex-
ceeding'
#20,000.
Funds not to be
used for other
purposes.
An Act to incorporate the Boston Society of Civil Engineers.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. George M. Dexter, Simeon Borden, William
P. Parrott, their associates and successors, are hereby made
a corporation, by the name of the Boston Society of Civil
Engineers, for the purpose of promoting science and in-
struction in the department of civil engineering ; with all
the powers and privileges, and subject to all the duties, li-
abilities and restrictions, set forth in the forty-fourth chap-
ter of the Revised Statutes.
Sect. 2. The said corporation may hold real and per-
sonal estate, not exceeding in amount twenty thousand
dollars, and the funds or property thereof shall not be used
for any other purposes than those declared in the first sec-
tion of this act. [Approved by the Governor, April 24,
1851.]
Chap. 70. An Act to authorize Members of City Councils to hold other Offices.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The mayor, any aldermen, or any member of
the common council of any city in this Commonwealth,
may, at the same time, hold any other office under the city
government of such city to which he may be duly chosen :
provided, that the same be not an office of emolument.
Sect. 2. This act shall take effect from and after its
passage, but shall be in force in those cities only which
shall adopt the same by a vote of their city councils. [Ap-
proved by the Governor, April 24, 1851.]
Mayor and
aldermen maj
hold any othei
office.
Proviso.
When and how
to take effect.
1851. Chap. 71—72. 595
An Act to provide for the taking of Depositions in Criminal Cases. Chap. 7 1 .
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever any magistrate, trial justice, or po- When witness
lice court, shall order any witness to enter into recogni- jJSJJJ^.
zance, with sureties, as provided in the one hundred and ties, deposition
thirty-fifth chapter of the Revised Statutes, and it shall £ay be laken'
appear to such magistrate, trial justice, or police court, that
such witness is unable to procure such sureties, the magis-
trate, trial justice, or police court, may, with the consent
of the defendant, take the deposition of such witness, or
cause or direct the same to be taken by any magistrate
qualified by law to take depositions in civil cases, in man-
ner and form as provided in civil cases ; and such deposi- Deposition
tion shall be seasonably transmitted to the court at which mHted&c^'
the said witness was ordered to appear, and the same may
be read in evidence, on the trial, by either party, subject to
all legal objections : provided, that the witness be unable Proviso.
to attend court at the time of the trial, by reason of his
death, insanity, sickness or any infirmity, or by reason of
his being absent from the state, so that he cannot be com-
pelled to attend by subpoena or attachment : and provided, Further pro-
also, that the above provision shall not apply to the prose- mso'
cutor in the case, or to any accomplice in the commission
of the offence charged in the complaint.
Sect. 2. Whenever any deposition shall be taken, as Assent of the
above provided, the assent of the defendant shall be cer- jjfcertffiedf^
tified on the same, and the Commonwealth's attorney, who &c.
will have charge of the case at the trial court, shall be
notified of the time and place of taking such deposition,
as parties are required to be notified in civil cases ; and the
fees for taking any such deposition shall be the same as in
civil actions, and shall be taxed in the bill of costs. [Ap-
proved by the Governor, April 24, 1851.]
An Act in addition to " An Act to establish the Waltham and Water- Chap. 72.
town Branch Railroad."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect 1. The Waltham and Watertown Branch Rail- May alter and
i/^ i i_ -i_ • j j i amend location
road Company, are hereby authorized and empowered so of tjiejr roac].
far to alter and amend the location of their railroad, that it
may be located, constructed and amended, by crossing over
Charles River, near the lower factory, in Waltham, at a
point near the bleachery, and then crossing the river again
596
1851,
-Chap. 72—74.
Duties, liabili-
ties, &c.
Time extended
for one year.
Proviso.
Time allowed
to the Fitch-
burg Railroad
Company ex-
tended one
year.
Said company
authorized to
accept, locate,
&c.
When to take
efl'ect.
to enter upon the main track of the Fitchburg Railroad at
a point near the upper factory depot, at Waltham, with all
the powers and privileges, and subject to all the duties, re-
strictions and liabilities, provided in the act to which this
act is in addition.
Sect. 2. The time allowed by the charter for filing the
location, and for completing and putting in operation the
said road, is hereby extended for the term of one year
from the times limited therefor : provided, that the said
company shall not commence the construction of the said
road until the stock named in the charter shall have been
subscribed by responsible parties, and ten per cent, on each
share thereof shall have been paid in to the treasurer of the
said company.
Sect. 3. The time allowed to the Fitchburg Railroad
Company, by the tenth section of the act to which this
act is in addition, to purchase the said railroad and locate
and construct the same, is hereby extended for the term of
one year from the time limited in the said act; and the
said Fitchburg Railroad Company are hereby authorized
and empowered to accept, locate and construct the said
branch railroad, or to purchase and enjoy the rights, privi-
leges, franchise and property of the said Waltham and
Watertown Branch Railroad Company, subject to the pro-
visions of this and the foregoing acts, and to any general
laws which have been or may be passed respecting railroad
corporations.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, April 24, 1851.]
Chap. 73. A° Act to change the Name of 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 :
The Bensonville Manufacturing Company may take the
name of the Greenville Manufacturing Company. [Ap-
proved by the Governor, April 24, 1851.]
Name changed.
Chap. 74
Authorized to
make insurance
on stock, tools,
merchandise,
and other per-
sonal properly.
An Act concerning the Marlborough Mutual Fire Insurance Company.
Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. The Marlborough Mutual Fire Insurance
Company, in the town of Marlborough, is hereby author-
ized and empowered, in addition to the privileges granted
to it by the act of March twenty-third, in the year one
thousand eight hundred and thirty-six, chapter sixty-three,
1S51. Chap. 74—76. 597
to make insurance upon stock, tools, furniture, merchan-
dise and other personal property, within this Common-
wealth, against loss by fire, during the residue of the term
of its act of incorporation, with all the powers and privi-
leges, and subject to all the restrictions and liabilities, set Restrictions,
forth in the thirty-seventh and forty-fourth chapters of the t°s. ch. 37,44,
Revised Statutes, and in all other general laws relating to and other laws,
mutual fire insurance companies.
Sect. 2. This act shall take effect from and after its When to take
acceptance by a vote of a majority of the members of the eflfecl-
said company present, and voting at a legal meeting called
for that purpose. [Approved by the Governor, April 24,
1851.]
An Act to incorporate the North Bridgewater Savings Bank. C/lCli) 75.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Franklin Ames, Edward Southworth, George B. Dun- corporators.
bar, their associates and successors, are hereby made a cor-
poration, by the name of the North Bridgewater Savings
Bank, to be established in the town of North Bridgewater,
with all the powers and privileges, and subject to all the Duties, &c.
duties, liabilities and restrictions, set forth in the thirty- r. s. ch. 36.
sixth chapter of the Revised Statutes, and in all other laws
of this Commonwealth relating to institutions for savings.
[Approved by the Governor, April 24, 1851.]
An Act to incorporate the Atlantic Wharf Company. Chap. 76.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Willard Sears, John Coe and Horace L. Ha- Corporators,
zelton, their associates and successors, are hereby made a
corporation, by the name of the Atlantic Wharf Company, Name.
with all the powers and privileges, and subject to all the
duties, restrictions and liabilities, set forth in the forty- Duties, &<•.
fourth chapter of the Revised Statutes. R. s. ch.44.
Sect. 2. Said corporation may purchase and hold, in May hold cer-
fee simple or otherwise, the whole or any part of certain ,ain rea es,ate*
lands and flats in the towns of Maiden, in the county of
Middlesex, and Chelsea, in the county of Suffolk, within
the following described limits, to wit : — beginning at the
middle of the dam on Island End River, so called, in
Maiden, then running down the middle of said river two
thousand feet ; thence turning and running in a north-
easterly direction, by a straight line, to Cold Spring, so
598
1851.-
-Chap. 76—77.
Proviso.
Further pro-
viso.
Further pro-
viso.
No shares to be
issued at less
than par.
When to take
effect.
called, on Prospect street, so called, in said Maiden ; thence
by said Prospect street to the Maiden road ; thence south-
erly, by said Maiden road to Spruce street, in Chelsea
aforesaid ; thence southerly, by said Spruce street, and
across Williams street, to the middle of Island End River ;
thence by the middle of said river, to the point of begin-
ning at the middle of said dam ; with all the rights, ease-
ments, privileges and appurtenances thereto belonging ; and
said corporation may build and maintain a wharf or wharves
within said limits, and lay vessels thereat, and receive
dockage and wharfage therefor, and, conformably to their
by-laws, may make conveyances of their corporate prop-
erty, or any part thereof, and may lease, manage and im-
prove the same : provided, that nothing herein contained
shall authorize said corporation to erect any obstructions
in the channel of said river, or to infringe on the legal
rights of any person : and provided, that no solid wall or
wharf shall ever be constructed within seventy-five feet of
the centre of the channel of said river, below the dam
aforesaid, nor any pile wharf, or other erection, within fifty
feet of the said centre : and provided, that the real and
personal estate of said corporation shall not exceed in
amount two hundred thousand dollars.
Sect. 3. No shares in the capital stock of said corpora-
tion shall be issued for a less sum or amount, to be actually
paid in on each, than the par value of the shares first
issued.
Sect.
passage.
4. This act shall take effect from and after its
[Approved by the Governor, April 25, 1851.]
Chap. 77. An Act to protect the Mattakeeset Herring Fishery in the Town of Ed-
gartown.
BE it enacted by the. Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. No person or persons shall set, draw, or stretch
any seine or drag-net, or set up any weirs, in the Great
Pond, bays, coves, or creeks of said Great Pond, in the
town of Edgartown, from the first day of March to the first
day of September, annually, under a penalty of fifty dol-
lars for each person, for each offence, to be recovered in
any court proper to try the same, one half to the use of the
said town, and the other half to any person who shall pros-
ecute therefor.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, April 25, 1851. J
No seines, &c
to be set up.
Penalty g50.
When to take
effect.
1851. Chap. 78—79. 599
An Act to authorize the Fitchburg and Worcester Railroad Company to Chan. 78.
issue Preferred Stock. *■
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Fitchburg and Worcester Railroad Com- May issue 1000
pany are hereby authorized to issue preferred stock, to an shares, #100
1 J J ,. , , '. c ill each, preferred
amount not exceeding one thousand shares of one hundred stock.
dollars each, upon which they may guarantee the payment May guarantee,
of three per cent., semi-annually, to the holders thereof: &LC-
'provided, however, that the said company shall not dispose Proviso.
of any of the said preferred stock at less than its par value.
Sect. 2. The said preferred stock shall first be offered Said stock must
to the stockholders in the said company, who shall be, respec- ^rst be offered
tively, entitled, to subscribe therefor, at its par value, in
proportion to the number of shares held by them ; and for
each share of the said preferred stock so subscribed and
paid for at par, each stockholder shall have the privilege of
surrendering one share in three of the old stock held by
him, and of receiving, instead thereof, a certificate of one
share of preferred stock, which shall be entitled to the same
benefits as provided for the preferred stock mentioned in
the first section of this act ; and stockholders may transfer
their rights to subscribe for preferred stock, or to surrender
the old and receive preferred stock therefor, as aforesaid.
Sect. 3. The said preferred stock shall be redeemable Said stock shall
agreeably to any stipulation made by the corporation be- ^rcdcemaljlp>
fore the issue thereof, and shall be redeemable at any time
after ten years from its issue, the corporation paying to the
holders of such stock the par value of the same, and all
dividends due thereon, which said dividends shall be de-
clared semi-annually, and be payable in money.
Sect. 4. This act shall take effect from and after its When to take
acceptance by a vote representing two-thirds of all the e ect-
shares of the said company, not less than three-fourths of
the proprietors, holding less than three shares each, voting
in the affirmative, at a legal meeting called for that pur-
pose. [Approved by the Governor, April 29, 1851.]
An Act to authorize the Trustees of the Methodist Episcopal Church, in Chat?. 79.
Pittsfield, to convey certain Property. -* '
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Cyrus A. Chapman, John M. Holland, Stephen W. New- Trustees au-
ton, Solomon Ely, Benjamin F. Hale, and Daniel Foot, JjSfiidi,
trustees of the Methodist Episcopal- Church, in Pittsfield, convey real es-
r r. ' tate. &c.
77
600 1851.— Chap. 79—81.
are hereby authorized to transfer all the funds, and convey-
all the real estate and other property held by them, either
under the deed of the executors of Thomas Gold, dated in
March, in the year one thousand eight hundred and twen-
ty-nine, or by any other title or conveyance whatever, to
such new board of trustees as have been or may hereafter
be appointed for the purpose of receiving, holding, and
managing the same, by the Methodist Episcopal Society
in Pittsfield, under the statute of this Commonwealth, pass-
ed on the twenty-sixth day of April, in the year one thou-
sand eight hundred and forty-seven, entitled " an act con-
cerning the trustees of Methodist Episcopal churches," and
duly organized according to the provisions of the said act :
Proviso. provided, that all the said first named trustees, and also
Thomas A. Gaylord and John Butler, named as trustees in
the deed of the executors of Thomas Gold aforesaid, and
still remaining trustees according to the terms thereof, shall
join in the deed of conveyance hereby authorized, of so
much of the said real estate as is described in the aforesaid
deed of the executors of Thomas Gold. [Approved by the
Governor, April 29, 1851.]
Clutl). 80. An Act concerning the Charles River Branch Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Time extended. The time within which the Charles River Branch Rail-
road Company may file the location of their road, is hereby
extended to the first day of May, in the year one thousand
eight hundred and fifty-two ; and the time within which
the said company may complete their road, is also extended
to the first day of May, in the year one thousand eight
Proviso. hundred and fifty-five : provided, that the said company
shall not commence the construction of the said road until
the stock named in its charter shall have been subscribed
for by responsible parties, and ten per cent, on each and
every share thereof shall have been paid in to the treasurer
of the said company. [Approved by the Governor, April 30,
1851.]
Chan 81 ^n ^ct *° mcorPorate the "Milford Mutual Fire Insurance Company."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Corporators. Aaron C. Mayhew, William A. Hayward, and Orison Un-
derwood, their associates and successors, are hereby made a
Name. corporation, by the name of the Milford Mutual Fire In-
surance Company, in the town of Milford, in the county of
1851. Chap. 81—84. 601
Worcester, for the term of twenty-eight years, for the pur- Term twenty-
pose of insuring buildings, stock in trade, and all other pu^sl?™'
kinds of personal property, situated in the New England
States or the state of New York, with all the powers and
privileges, and subject to all the duties, restrictions and lia-
bilities, set forth in the thirty-seventh and forty-fourth J?utJ,es> &c-
chapters of the Revised Statutes, and in all other laws of 44th ch. and
the Commonwealth relating to mutual fire insurance com- olhcrlan<
panics. [Approved by the Governor, April 30, 1S5L]
An Act relating to Libels for Divorce. Chon. 82.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. In every case of libel filed for divorce, the Husband may
court may in its discretion require the husband to pay into paymoneyto
court, during the pendency of such libel, for the use of the wife,
wife, such sums of money as may be necessary to enable
her to maintain or defend the said libel, and may enforce
its orders in the premises in accordance with the powers
and practice of courts of chancery.
Sect. 2. The supreme judicial court, at any law term Supremejudi-
held for two or more counties, shall have jurisdiction of harojurisdic^
libels for divorce arising in either of such counties, and may tion. &c.
take cognizance at such law term of all libels now pending
in such counties. [Approved by the Governor, April 30,
1851.]
An Act to extend the time for driving Piles in the Harbor of Dennis. Chan 8*3
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The time for driving piles in the harbor of Dennis, as Extended to
provided in an act passed on the twenty-sixth day of April, Ai"'ll2G> 1854
in the year one thousand eight hundred and forty-eight, is
hereby extended to the twenty-sixth day of April, in the
year one thousand eight hundred and fifty-four. [Approved
by the Governor, April 30, 1851.]
An Act to alter the North line of the General FieH in West Springfield. Cliai) 84
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The proprietors of the common or general field in West
Springfield, in the county of Hampden, are hereby author-
ized to extend the north line of their field to the south line May extend,
of the highway, as now established between the Springfield &c'
602 1851. Chap. 84—87.
bridge and Agawam bridge, with authority to build and
support a field fence on the said line. [Approved by the
Governor, April 30, 1851.]
Chan 85 "^"n ^c^ *° extend the time to locate and construct the Fairhaven Branch
* " Railroad, and to reduce the 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 :
Time extended Sect. 1. The times allowed to the Fairhaven Branch
one year. Railroad Company to locate and to construct their road are
hereby respectively extended one year beyond the periods
stated in their act of incorporation, approved on the first
day of May, in the year one thousand eight hundred and
Proviso. forty-nine : provided, that the said corporation shall not
proceed to construct their railroad until the whole capital
stock thereof shall have been subscribed, and ten per cent,
of the same shall have been actually paid into the treasury.
Capital stock Sect. 2. The capital stock of the said corporation shall
two thousand consist of two thousand shares, and no share shall be issued
snares, not is- '
sued at less than at less than its par value of one hundred dollars. [Approved
par value. by ^ Qovernor^ April 30j 1851.J
Chan. 86 ^n ^c* t° mcorPorate the Bridgewater Savings Bank.
Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Artemas Hale, Eli Washburn, Philip D. Kingman, Caleb
Hobart, their associates and successors, are hereby made a
corporation, by the name of the Bridge water Savings Bank,
to be established in the town of Bridgewater, with all the
Duties, restric- powers and privileges, and subject to all the duties, liabili-
R0n|'atcc36ch" ties and restrictions, set forth in the thirty-sixth chapter of
the Revised Statutes, and in all other laws of this Com-
monwealth relating to institutions for savings. [Approved
by the Governor, April 30, 1851.]
Chan 87 ^n "^ct re^atmo to Writs of Error in Criminal Cases.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
tli.'- same, as follows :
Whenever a final judgment in any criminal case shall be
reversed by the supreme judicial court, upon a writ of error
on account of error in the sentence, the court may render
such judgment therein as should have been rendered, or
may remand the case for that purpose to the court before
which the conviction was had. [Approved by the Govern-
or, Aprils, 1S51.J
1851. Chap. 88—90. 603
An Act to protect Towns from injury by the neglect of Railroad Corpora- Chap, gg
tions. -* "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever any party shall be injured in his Towns may re-
person or property by a defect in the highway, within the andhaii cosuf9
location of any railroad, and such party shall, upon a trial, &•<*•
recover of the town, wherein such injury is received, dam-
ages therefor, such town shall, in addition to the damages
so recovered against them, be entitled to recover all the
taxable costs of the plaintiff and defendant in the same
action, in a suit brought against the corporation owning
such railroad : provided, that such railroad corporation be Proviso.
liable for the damages aforesaid ; and provided, also, that
reasonable notice shall have been given by such town to
the railroad corporation, so that they might have defended
the original action.
Sect. 2. This act shall take effect from and after its when to take
passage. [Approved by the Governor, April 30, 1851.] clTect-
An Act to authorize Benjamin Webb and Joseph B. Webb to extend Chan 89
their Wharf. ■* '
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Benjamin Webb and Joseph B. Webb are hereby author-
ized to extend their wharf, either solid or on piers, across
the flats in front of their wharf and estate, southeasterly of
Derby street, in the city of Salem, up to a line drawn from saiem.
the extreme end of Phillips wharf, so called, to the extreme
end of Derby wharf; and they shall have the right to lay Right of dork-
vessels at the end and sides of such wharf, and to receive asc> &c
dockage and wharfage therefor : provided, that this grant Proviso.
shall not in any manner interfere with the legal rights of
any person. [Approved by the Governor, April 30, 1851.]
An Act in relation to Mutual Fire Insurance Companies. Clinn 90
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. No policy shall be issued by any mutual fire Restriction,
insurance company within this Commonwealth, till the sum
of one hundred thousand dollars shall have been subscribed
to be insured by such company.
Sect. 2. So much of the twenty-eighth section of chap- Repeal of in-
ter thirty-seven of the Revised Statutes as is inconsistent ^Xml'"' pr°
with the provisions of this act is hereby repealed. [Ap-
proved by the Governor, April 30, 1851.]
604 1851. Chap. 91—93.
Chap. 91. An Act in addition to an Act for the better preservation of order at Mus-
ter Fields and other places of public gathering.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Mayor, &c, to The mayor and aldermen of any city shall have and ex-
powerSa&c as ercise all tne jurisdiction, power and authority in relation
selectmen. ' to the preservation of order at muster fields, cattle-show
grounds, and other places of public gathering, given to the
29ist chapter selectmen of towns by the provisions of the two hundred
acts of 1850. ant[ ninety-first chapter of the acts of the year one thou-
sand eight hundred and fifty. [Approved by the Governor,
April 30, 1851.]
CllGT) 92 ^n ^ct conceriung Bail in Criminal Cases.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Bail exonerated Sect. 1. The bail in criminal cases, at any time before
pnncipa"dcnng default, may exonerate themselves from further liability, by
surrendering their principal to the jailor of the county
where the offence of such principal was committed, or is
punishable, together with a certified copy of the recogui-
Jaiior author- zance ; and such jailor is authorized and required to receive
principal6''1'" ana" detain such principal, in the same manner as if com-
mited for not finding sufficient surety or sureties to recog-
nize for him.
Persons surren- Sect. 2. Any person surrendered by his bail, as pro-
admiueTto bail yided in the preceding section, or imprisoned for not find-
&c. ' ing sufficient sureties to recognize for him, may be admit-
ted to bail in the same manner as is provided in the twenty-
second section of the one hundred and thirty-fifth chapter
of the Revised Statutes, or by any standing or special com-
missioner of the supreme judicial court or court of common
pleas, appointed for such purpose.
272(1 chapter Sect. 3. The two hundred and seventy-second chapter
acts 1850 re- of the acts of the year one thousand eight hundred and
fifty, is hereby repealed. [Approved by the Governor, April
30, 1851.]
Chap. 93. -A-11 Act relating to Jail Breach.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, arid by the authority of
the same, as follows :
Punishment for If any person, lawfully imprisoned in any jail or house
jail breach. Qf> correction, shall break such prison and escape, or shall
forcibly break the same with intent to escape, or shall by
any force or violence attempt to escape therefrom, he shall
1851. Chap. 93—95. 605
be punished by imprisonment in the state prison not more
than live years, or in the county jail or house of correction
not more than three years, or by fine not exceeding one
thousand dollars. [Approved by the Governor, April 30,
1851.]
An Act concerning Constables. Chap. 94.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Any constable who shall have been duly ap- constables may
pointed for any city, or chosen for any town of this Com- ^^J*0,
mon wealth, and who shall have given bonds in the manner gioo';
hereinafter set forth, may serve, within his own city or
town, any writ or other process, in any personal action in
which the damages shall not be laid at a greater sum than
one hundred dollars, and also any process of replevin, in also any pro-
which the subject matter shall not exceed in value one J"8 °JC™$™ ""
hundred dollars. S^o.
Sect. 2. No constable shall be competent to serve any
writ or execution in any civil action, until he shall have given
to the city, or the inhabitants of the town, for which he may
have been appointed or chosen, a bond, with sureties to the constables shall
satisfaction of the mayor and aldermen of the city, or the se- K™ JSJUtfeg
lectmen of the town, in a sum not less than five hundred &Cj not less'
dollars, with condition for the faithful performance of his du- lhan #50U'
ties as constable, in the service of all civil processes which
may be committed to him, and shall have caused the same,
with the requisite approval certified thereon, to be filed in the and have filed
office of the clerk of such city or town; and it shall be J^S,&ch
the duty of the said clerk to note upon the bond the time Duty of lne
when the same was so filed ; and the like proceedings and clerk-
remedies may be had upon any such bond as are provided Proceedings
by an act passed on the twenty-fourth day of February, in j^^165 °"
the year one thousand eight hundred and forty-five, requir-
ing constables to give bonds in certain cases.
Sect. 3. The election of all constables of towns shall Election of con
hereafter be by written ballots. [Approved by the Gov- gblesbybal-
ernor, April 30, 1851.]
An Act to incorporate the Triton Mutual Marine Insurance Company. Chaj), 95.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Daniel Draper, Silas Pierce, William C. Fay, Corporators,
their associates and successors, are hereby made a corpora-
tion, by the name of the Triton Mutual Marine Insurance Name.
Company, in the city of Boston, for the term of twenty Term.
606 1851. Chap. 95—96.
Purpose. years, for the purpose of making maritime loans and insur-
ance against maritime losses, on the principles of mutual
insurance, and for this purpose shall have all the powers and
privileges, and be subject to all the duties, restrictions and
rowers, liabili- liabilities, set forth in the thirty-seventh and forty-fourth
37and44th &c. chapters of the Revised Statutes, and all statutes subse-
quently passed relating to mutual insurance companies, so
far as the same are applicable to the corporation hereby cre-
ated.
No policy to be Sect. 2. No policy shall be issued till the sum of fifty
N^dfvidendfto thousand dollars shall have been subscribed ; and no divis-
bc made until, ion of any funds or profits shall be made to the subscribers
or stockholders, until the expiration of their charter ; but
such funds or profits shall be invested in such securities
and stocks as the law requires.
Restrictions. Sect. 3. The said corporation shall be restricted to an
amount not exceeding five thousand dollars on any one risk
until its funds or invested capital shall reach the sum of
one hundred thousand dollars. [Approved by the Governor,
April 30, 1851.]
Chap. 96. An Act concerning Prosecutions for the Maintenance of Bastard Children.
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. s. ch. 49. Sect. 1. The proceedings in prosecutions, arising under
the provisions of the forty-ninth chapter of the Revised
Statutes, shall be according to the course of proceedings
in civil cases, except wherein otherwise expressly provided
in the said chapter.
Sect. 2. In all counties, where separate terms of the
court of common pleas are holden for the transaction of
civil business and criminal business, said court shall have
jurisdiction of such prosecutions at the civil terms thereof
exclusively, and the same shall be returned to, and entered
and prosecuted at such terms only.
Prosecutions Sect. 3. All such prosecutions, pending at any term of
ferrede&c.nS sa'd court held for the transaction of criminal business,
when this act shall take effect, or which shall have been
made returnable to any such term, may, by order of
said court, be transferred to the term of the said court for
the transaction of civil business held in the same county,
next after the making of such order, there to be prosecuted
with the like effect as if originally entered at such term.
[Approved by the Governor, April 30, 1851.]
1351. Chap. 97—98. 607
An Act to incorporate the New England Telegraph Company. CllCtp. 97.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. George H. Horn, Gardiner G. Hubbard, Corporators.
Charles J. Hendee, their associates and successors, are here-
by made a corporation, by the name of the New England Name.
Telegraph Company, for the purpose of constructing and Purpose,
using a line of telegraph from Boston to some convenient
and distinct point on the southern boundary line of this
Commonwealth, there to connect with telegraphic lines to
the city of New York, and also of constructing and using
a line, to diverge at some suitable point from the aforesaid
line, and to run, in a westerly direction, to the boundary
line between this state and the state of New York, there to
connect with a line to Albany ; with all the powers and Powers, duties,
• -i it- hit- i • «.• ii- liabilities, &c.
privileges, and subject to all the duties, restrictions and ha- r. s. ch.44.
bilities, contained in the forty-fourth chapter of the Revised
Statutes, and in an act, approved on the ninth day of April,
in the year one thousand eight hundred and forty-nine, en-
titled " an act concerning electric telegraph companies and
electric telegraphing." and such other general acts as may
at any time be in force in this Commonwealth, concerning
like corporations: 'provided, however, that the said telegraph Proviso.
lines shall be constructed within two years from the pas-
sage of this act.
Sect. 2. The capital stock of the said company shall not Camtaistock
exceed one hundred thousand dollars, and no shares thereof * '
shall be issued for a less sum or amount, to be actually paid
in on each, than the par value of the shares which shall be
first issued.
Sect. 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, April 30, 1851.]
An Act to protect the Fisheries in the Town of Falmouth. Chap. 98.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. No person shall set, draw, or stretch any seine Seines and
or drag-net in the Waquoit Bay, or in any of the ponds, tj[|f;jjets lor"
rivers, or creeks within the limits of the town of Falmouth,
under a penalty of not less than twenty dollars, nor more renaity.
than one hundred dollars, to be recovered in any court
proper to try the same, one half to the use of the said
town, and the other half to any person who shall prosecute
therefor.
Sect. 2. This act shall take effect from and after its when to take
passage. [Approved by the Governor, April 30, 1851.]
78
608
1851.
-Chap. 99.
Election of
mayor, &c,
shall be on the
first Monday in
December
annually.
Pro
Chap. 99. An Act in addition to " An Act to establish the City of . Cambridge."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. The election of the mayor, aldermen, and
common council-men, and such other officers of the city of
Cambridge as are now by law to be chosen on the first
Monday in March, annually, shall, in future, be made on
the first Monday in December, annually; and the said
officers, so chosen, shall hold their respective offices for
the same term of time, and the same proceedings shall be
had in relation to such elections, as are provided in the act
entitled "an act to establish the city of Cambridge," to
which this is in addition : provided, nevertheless, that the
next choice of the said city officers, after the acceptance of
this act by the inhabitants of the said city of Cambridge,
as hereinafter provided, shall be made at such lime, and in
such manner, as are prescribed in the act aforesaid ; and
the officers, so elected, shall severally hold their offices
until the first Monday of January, next succeeding such
election, anything in this act to the contrary notwith-
standing.
Sect. 2. The election of a city clerk, a city treasurer,
and a collector of taxes, who are now by law to be chosen,
and all vacancies which are now by law to be filled by the
city council, in the month of April, annually, shall, in
future, be respectively made and filled by the city council,
in the month of January, annually, in the like form and
manner, and for the same term of service, as are prescribed
in the act to which this act is in addition : provided, never-
theless, that the next choice of such officers, and the next
vacancies occurring after the acceptance of this act by the
inhabitants aforesaid, as hereinafter provided, shall be made
and filled at such time, and in such manner, as are pre-
scribed in the act aforesaid, to which this is in addition ;
and the officers, so elected, shall severally hold their offices
until the first Monday in January next succeeding said
election, anything in this act to the contrary notwith-
standing.
Sect. 3. The officers chosen by virtue of this act, shall
enter upon the duties of their respective offices on the
first Monday of January in each year, and shall be liable
to all the duties and restrictions, and shall exercise all the
powers to which the said officers are respectively subject or
entitled, by virtue of the act to which this is in addition,
and of all other acts having relation to this subject matter.
Sect. 4. The boundaries of the several wards, and the
City clerk,
treasurer and
collector, to be
appointed in
January annu-
ally. '
Proviso.
Officers chosen
to enter on their
duties first
Monday of
January in each
year, &c.
1851. Chap. 99. 609
number of members of the common council which each Boundaries of
ward shall be entitled to elect, shall continue to be the jjSe"of
same as at present established, until the month of October, common coun-
iu the year one thousand eight hundred and fifty-six, at mesameasUe
which time, and once in every five years thereafter, the now, tfflOcto-
city council shall revise the same, and make such altera-
tions therein, in like form and manner as are prescribed
in the act to which this is in addition.
Sect. 5. The city council of the city of Cambridge City council
i i • i r- -I , r ,i • i •.. i ■ * may establish a
may establish a fire department for the said city, to consist nre department,
of so many engineers and other officers, and so many en-
gine men and other members, as the city council by ordi-
nance shall, from time to time, prescribe ; and the said city
council shall have authority to make such provisions in May make pro-
regard to the time and mode of appointment, and the occa- v,si0n;&c-
sion and mode of removal of either such officers or mem-
bers, to make such requisitions in respect to their qualifica-
tions and period of service, to define their office and duties,
to fix and pay such compensation for their services, and, in Fix and pay
general, to make such regulations in regard to their con- ™mPensatlon;
duct and government, and to the management and conduct
of fires, and persons attending at fires, subject to the pen-
alties provided for the breach of the city by-laws, as they
shall deem expedient : provided, that the appointment of Proviso.
engine men, hose men, and hook and ladder men, shall be
made by the mayor and aldermen exclusively.
Sect. 6. An act establishing the fire department in the Acts of 1832
town of Cambridge, passed March seventeenth, in the year ^tlmeia
one thousand eight hundred and thirty-two, and an act force, except,
in addition thereto, passed March thirtieth, in the year one
thousand eight hundred and thirty-five, shall continue in
force, except in regard to the power of making by-laws,
and publishing the same, and except also in so far as they
are otherwise inconsistent with the preceding section, in
which respects they shall be void.
Sect. 7. The city council shall have exclusive author- Power to lay
• . l ,i . -ii--j out new streets,
ity and power to lay out new streets or ways within said &c
city, and to estimate the damage which any person shall
sustain thereby ; but all petitions and questions relating to
the laying out, widening, altering or discontinuing of any
street or way, shall be first acted upon by the mayor and
aldermen. Any person, dissatisfied with the decision of Persons dissat-
the city council in the estimate of damages, may, within ma|e™om.
six months thereafter, make complaint to the county com- plaint to countj
,, . „. /,, , . , commissioners.
missioners in the county of Middlesex, upon which com- &c.
plaint the same proceedings shall be had, as are provided
in the twenty-fourth chapter of the Revised Statutes, in.
610
185
-Chap. 99—101.
Certain vacan-
cies shall be
filled by city
council.
Proviso.
No contracts
shall be made
that exceed the
specific appro-
priations there-
for.
Acts repealed.
When to take
effect.
cases where persons are aggrieved by the assessment of
damages by selectmen.
Sect. 8. If a vacancy shall exist in any of the boards
of asssessors, assistant assessors, overseers of the poor, or
school committees, by failure of the inhabitants to elect,
by neglect or refusal to serve, by death; resignation, or any
other cause, the city council shall fill such vacancy as soon
as may be after the knowledge of the fact : provided, that
nothing herein contained shall be construed to prevent the
operations of the one hundred and forty-fourth chapter of
the act passed on the twenty-sixth day of April, in the
year one thousand eight hundred and forty-nine, relating
to such vacancies therein mentioned as may occur in the
school committee after the date of the warrant for the
annual town meeting for the election of their successors.
Sect. 9. No board or committee of the city council, or
of either branch thereof, shall make any contract on behalf
of and binding upon the said city, the amount of which
contract shall exceed the specific appropriations of the city
council previously made therefor.
Sect. 10. All acts and parts of acts inconsistent with
the provisions of this act are hereby repealed.
Sect. 11. This act shall not go into operation until it
shall have been adopted, by ballot, by the inhabitants of
the said city of Cambridge, at a meeting duly called for
that purpose by the mayor and aldermen. [Approved by
the Governor, April 30, 1851.]
Chap 100.
City and town
authorities
may establish
ordinances and
appoint sur-
veyor, ■'Lr.
An Act to regulate the Measurement of Marble.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, arid by the authority of
the same, as follows :
The mayor and aldermen of any city, or the selectmen
of any town, in this Commonwealth, may establish such
ordinances or regulations, with suitable penalties, respect-
ing the appointment of a surveyor, and the survey and ad-
measurement of marble of every description, cither foreign
or American, that shall be imported or brought into such
city or town for sale, as they may from time to time deem
expedient. [Approved by the Governor, April 30, 1851.]
Chap 101. -'^n ^ct to increase the Cttpital Stock of the Boston Belting- Company.
11 Fl it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The Boston Belting Company are hereby authorized to
.increase their capital stock to a sum not exceeding three
1851.-
-Chap. 101—102.
611
hundred thousand dollars, and to invest in real estate such poo.ooo, one
, . j • xi c a fourth in real
portion thereof, not exceeding the sum of seventy-five estate,
thousand dollars, as may be necessary and convenient for
the purpose for which the company was incorporated.
[Approved by the Governor, April 30, 1851.]
An Act relating to the Annual Reports from Railroad Corporations. Chap 102.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the sanie, as follows :
Sect. 1. The annual reports now by law required from
the directors of the several railroad corporations within this
Commonwealth, shall hereafter be by them transmitted to
the secretary of the Commonwealth, on or before the thir-
ty-first day of December, in each year. The said secretary
shall, as soon as may be after receiving the said reports,
cause three thousand copies to be printed as Document
Number Two of the Senate, and shall submit the same to
the Legislature at as early a period of its annual session as
may be practicable. The secretary shall also prepare and
cause to be printed with, and attached to the reports, a brief
abstract thereof, showing the leading statistics of the sev-
eral railroads, in form as follows, together with such other
information as he may deem useful :
Annual reports
to be transmit-
ted on or before
the 31st Decem-
ber.
Secretary to
print 3000 cop-
ies, &c.
And prepare an
abstract, &c.
^£
'5
Casualties.
a
03
u
fcJC
o
u
bo
_
-i.
a
re
re
o
're
X:
a
O
fcfi
c
In
O
c
re
"re
j=
o
o
J3
o
"o
So
CD
a
a
s
i
Ta
bO
EJO
bin
<x>
c
c
R
re
te
o
0)
V
CD
Q,
re
O
Z
O
U
U
J
-J
-J
02
32
w
W
'tC
u
-1
m
U*
(25
1
I
1
Sect. 2. Every railroad corporation as aforesaid, neg- Penalty for neg-
lecting to comply with the provisions of the first section of lcct-
this act, shall forfeit to the use of the Commonwealth, to
be recovered by the treasurer thereof, fifty dollars for each
and every day's neglect.
Sect. 3. All acts and parts of acts, inconsistent with
the provisions of this act, are hereby repealed. [Approved
by the Governor, April 30, 1851.]
612 1851. Chap. 103—106.
Chan 103 An Act t0 authorize T. V. Loveland, Josiah Hardy, Jr., and Anthony
r ' Thacher to build a Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
T. V. Loveland, Josiah Hardy, Jr., and Anthony Thacher
are hereby authorized to build a wharf at the head of Pow-
Chatham. der Hole Harbor, at Monomoy Point, in the town of Chat-
Right to rcrcive ham ; and they shall have the right to lay vessels at the
wharfage, &c. sajj wharf, and to receive dockage and wharfage therefor :
Proviso. provided, that the said wharf shall in no way obstruct the
anchorage for vessels in the said harbor : and provided,
also, that this grant shall not interfere with the legal rights
of any person. [Approved by the Governor, April 30, 1851.]
CIlCU) 104 "^n ^c* concerning the Newburyport Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Time to con- The time within which the Newburyport Railroad Com-
loOctoberi Pany may construct their railroad, is hereby extended to the
1852. first day of October, in the year one thousand eight hun-
dred and fifty-two. [Approved by the Governor, May 7,
1851.]
Chan 105 ^n ^c^ 'n addition to "An Act relating to Charles River and Warren
■* Bridges."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Authorized to The lessee who was authorized to erect a bath-house
place a fl°ating on the westerly pier of Warren Bridge, by an act passed on
the twenty-fifth day of February, in the year one thousand
eight hundred and fifty, is hereby authorized to place a
floating bath-house in the Charles River, between Warren
Bridge and the bridge of the Fitchburg Railroad Company ;
To be removed, the said bath-house to be removed at the expiration of the
&r- lease authorized by the act aforesaid. [Approved by the
Governor, May 7, 1851.]
Chan 106. A11 Act granting certain Powers to 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 :
Powers trans- AH tnc rights, privileges, immunities and powers granted
ferredtothe and reserved to the inhabitants of the town of Chelmsford,
cil v of Lowell.
1851. Chap. 106— 107. 613
by an act to incorporate certain persons for the purpose of
building a bridge over Merrimack River, in the county of
Middlesex, between the towns of Dracut and Chelmsford,
approved February the twenty-fourth, in the year one thou-
sand eight hundred and twenty-live, are hereby transferred
and granted to, and vested in, the city of Lowell, to be ex-
ercised and enjoyed by the said city, in as full and ample
a manner, as the same rights, privileges, immunities and
powers might have been exercised and enjoyed by the said
inhabitants of the town of Chelmsford, at any time, under
and by virtue of the act aforesaid. [Approved by the Gov-
ernor, May 7, 1851.]
An Act to authorize the Lowell and Lawrence Railroad Company to Qhttf) 107.
construct Branches. ■*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows:
Sect. 1. The Lowell and Lawrence Railroad Company Location.
are hereby authorized to locate, construct, and maintain a
branch railroad, commencing at some convenient point on
their railroad, about three hundred feet easterly of the
Bleachery branch of the Boston and Lowell Railroad Cor-
poration ; thence running through land of the Lowell
Bleachery Company, and through land of Oliver M. Whip-
ple, crossing Lawrence street, in Lowell, to a point in said
Whipple's land, easterly of said Lawrence street ; and to
enter with their said branch upon the said Bleachery
branch, and use the same, agreeably to the provisions of
law.
Sect. 2. The said Lowell and Lawrence Railroad Com-
pany are also authorized to locate, construct, and maintain
a branch railroad, commencing at a point near and north-
erly of the Arch Bridge over the Boston and Lowell Rail- Other location,
road, in said Lowell ; thence running northerly, to a point
on the bridge over the Pawtucket Canal, and to unite the May unite with
said branch railroad at its northerly terminus, with the road"se olher
Nashua and Lowell Railroad, and at its southerly termi-
nus, with the Boston and Lowell Railroad, in a manner
convenient for the use of, and entry upon, the main track
of the Lowell and Lawrence Railroad ; and also to use the
said Boston and Lowell and Nashua and Lowell Railroads,
according to law.
Skct. 3. If the location of the said branch railroads be Location to be
not filed according to law within one year, and if the same yeeadnw'thin °ne
be not constructed within two years, then this act shall be
null and void.
614
1851.-
-Chap. 107—109.
Oilier railroads
may be author-
ized to enter,
&c.
When to take
effect.
Sect. 4. The Legislature may authorize any company
to enter with their railroad at any point on the said
branches and to use the same, or any part thereof, agreea-
bly to the provisions of law.
Sect. 5. This act shall take effect from and after its
passage. [Approved by the Governor, May 7, 1851.]
Chap 108,
May construct
dike, &c.
Shall provide
landing place,
&c.
May manage
their affairs as,
&c. R. S. 43d
chapter.
When to take
effect.
An Act authorizing the Proprietors of certain Tide Meadows in Salisbury
to protect the same from overflow.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Caleb Pike, William Gushing, Abel Merrill,
their associates, successors and assigns, proprietors of tide
meadows in the town of Salisbury, situated on the south-
easterly side of the Eastern Railroad, are authorized and
empowered to construct a dike, or embankment, or tide
gates, at the intersection of the said railroad with the Town
Creek, so called, for the purpose of improving the said
meadows, and protecting them against overflow by the as-
cent of the tide in Merrimack River and in said creek.
Sect. 2. The said proprietors, in case they shall con-
struct such dike, or embankment, or tide gates, as aforesaid,
shall provide, for all persons entitled by law to use the said
creek, a landing place on the northwesterly side of the said
railroad.
Sect. 3. The proprietors of the tide meadows aforesaid
may manage their affairs as proprietors of general fields,
and as such shall have all the powers, and be subject to all
the duties and liabilities, conferred and imposed on the pro-
prietors of general fields by the forty-third chapter of the
Revised Statutes.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 7, 1851.]
C%>109.
Time extended
six months.
An Act further to extend the time for paying in the Capital Stock of the
Springfield Fire and Marine Insurance Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. The time for paying in the capital stock of
the Springfield Fire and Marine Insurance Company, ac-
cording to the provisions of an act approved by the gover-
nor on the fifteenth day of April, in the year one thousand
eight hundred and fifty, is hereby further extended six
months from the several periods named in the said act.
Sect. 2. The organization of the said company, and all
1851. Chap. 109—111. 615
payments heretofore made under any of the acts of which The organiza-
this act is in addition, shall be valid as though made under Jafid"1" made
this act.
Sect. 3. This act shall take effect from the date of its When to take
passage. [Approved by the Governor, May 7, 1851.]
An Act to authorize William C. Barstow and others to build and extend Chan 110.
their Wharves. *
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
William C. Barstow, C. C. Gilbert, Mark Googins, Curtis
S. Dunbar, and Albert Bowker, proprietors of wharves and
flats situated on Eagle and Chelsea streets in that part of
Boston known as East Boston, and lying between and ad- East Boston,
joining the land and flats of the East Boston Company, are
hereby authorized to build, extend and maintain wharves
from the said fiats into the harbor channel, as far as the line
established by the act entitled "an act to preserve that part
of the harbor of Boston called Chelsea Creek, and to pre-
vent encroachments therein," passed on the second day of
May, in the year one thousand eight hundred and forty-
nine ; and they shall have the right to lay vessels at the Authorized to
di-T j?-ji 1^ • 1 /• receive wharf-
s and sides of said wharves, and to receive wharfage aoe. &e.
and dockage therefor : provided, however, that this grant Proviso.
shall not be construed to extend to any flats or land of this
Commonwealth lying in front of the flats of any other per-
son, or which would be comprehended by the true line of
such flats continued to the commissioners' line: and pro- Further provi-
vided, also, that so much of the said wharves as may be sos'
constructed below low water mark shall be built on piles,
which piles shall not be nearer to each other than six feet
in the direction of the stream, and eight feet in a transverse
direction, and that this act shall in no wise affect the legal
rights of any person or corporation. [Approved by the
Governor, May 7, 1851.]
An Act to change the name of the First Congregational Society in Tyr- Chcip 111.
ingham.
BE it enacted by the Setiale and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The First Congregational Society in Tyring- First Cong-ra-
ham shall hereafter be called and known by the name of ||°M0nSterCey.y
the First Congregational Society in Monterey, and all debts
due to or from the said First Congregational Society may
79
616
1851."
-Chap. 111—113,
When to take
effect.
Chap 112.
Allowed to in-
crease to
#1,500.000.
Chap 113.
Corporators.
Powers, &c. R.
S. ch. 44, &c.
Location.
Proviso.
Capital stork,
three thousand
shares, not is-
sued at less than
par.
be sued for and collected in the same manner as if this act
had not been passed.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 7, 1851.]
An Act to increase the Massachusetts 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 folloios :
The provision in the thirteenth section of the eleventh
ehapter of the Revised Statutes, limiting the school fund to
one million of dollars, is hereby repealed, and the said fund
is hereby allowed to accumulate, according to the provisions
of the said section, until it shall amount to a sum not ex-
ceeding one million and five hundred thousand dollars.
[Approved by the Governor, May 7, 1851.]
An Act to incorporate the Millbury and Southbridge Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Asa H. Waters, Ebenezer D. Ammidown, and
Manning Leonard, their associates and successors, are here-
by made a corporation, by the name of the Millbury and
Southbridge Railroad Company, with all the powers and
privileges, and subject to all the duties, liabilities and re-
strictions, set forth in the forty-fourth chapter of the Re-
vised Statutes, and in that part of the thirty-ninth chapter
of the said statutes relating to railroad corporations, and in
all statutes that have been or may hereafter be passed re-
lating to railroad corporations.
Sect. 2. The said company is hereby authorized and
empowered to construct a railroad, with one or more tracks,
from some convenient point on the Boston and Worcester
Railroad, in the town of Grafton, or of its branch road in the
town of Millbury ; thence over the most suitable route,
through Sutton or Auburn, to some convenient point in
the town of Southbridge : provided, that such location shall
not be -extended beyond the town of Webster without the
consent of a majority of the directors of the Southbridge
and Blackstone Railroad Company.
Sect. 3. The capital stock of the said company shall
consist of three thousand shares of one hundred dollars
each, and no assessment shall be made thereon of a greater
amount in the whole than one hundred dollars on each
share ; and no share shall be issued at a less sum than the
par value herein named.
1851. Chap. 113. 617
Sect. 4. The said company may purchase and hold Ma>' hold real
such real estate, and such engines, cars, and other things,
as may be necessary for the use of the said railroad, and for
the transportation of passengers, goods and merchandise
thereon.
Sect. 5. The said company are hereby authorized to May 'ease their
i i • t -i-i • i j j road, or take
lease their road to any railroad corporation whose road ad- ieaSe, &c.
joins the road of the said company, or they may take a
lease of any adjoining railroad, or make joint stock with
any such railroad corporation, upon such terms and condi-
tions as the directors of the contracting companies may
agree, subject to the approval of a majority in interest of
the stockholders of each of the contracting companies, at
legal meetings called for that purpose.
Sect. 6. If the location of the said railroad be not filed Ration to be
■ r • l l J "'e" in twa
according to law within two years, and if the said railroad years, &c.
shall not be completed within four years from the passage
of this act, then this act shall be void.
Sect. 7. The said company are hereby authorized to Authority to
enter upon and unite their railroad, by proper means, with roads.°
the Southbridge and Blackstone Railroad, the Norwich and
Worcester Railroad, the Providence and Worcester Railroad,
and the Boston and Worcester Railroad, or to cross either
or all such railroads, or use the same according to provis-
ions of law.
Sect. 8. The General Court may from time to time re- General Court
duce the rate of toll, or other receipts of the said railroad, j£*f reduce io]l>
whenever the net income thereof shall exceed ten per cent,
per annum ; but the toll or other receipts shall not, without
the consent of the company, be so reduced as to produce
less than ten per cent, per annum on the investment of the
said company.
Sect. 9. The General Court may authorize any compa- May authorize
ny to enter with their railroad at any point upon the said enter/0'
road, and to use the same, or any part thereof, agreeably to
the provisions of law.
Sect. 10. If, in the construction of the said railroad, it in case of cross-
,,,., ' ,......,. j. . . ing into Con-
shall be necessary to cross over the dividing line oi this necticut, may,
Commonwealth and the state of Connecticut, in order to &c-
get a better route for the same in any instance, and the
crossing of the said line and the construction of any por-
tion of the said railroad in the said state of Connecticut
shall be authorized by that state, the said company is here-
by authorized and empowered to lease or purchase, or with
the authority of the said state to construct, hold and main-
tain, such portion of their railroad.
618 1851.— Chap. 113—115.
Certificate to be Sect. 11. The said company shall not commence the
construction of their railroad until a certificate shall have
been filed in the office of the secretary of the Common-
wealth, subscribed and sworn to by the president of the
said company and a majority of the directors thereof, stating
that all the stock named in the charter has been subscribed
for by responsible persons, and that twenty per cent, of the
par value of each share of the stock thereof has actually
been paid into the treasury of the company. [ Approved by
the Governor, May 7, 1851.]
Chat) 114 ^n ^ct authorizing the Town of Truro to construct a Bridge.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Location of Sect. 1. The inhabitants of the town of Truro, in the
bridge. county of Barnstable, are hereby authorized to construct
and maintain a bridge across Pamet River in said town, be-
ginning at the south side of the said river, between Magoon
and Sleeper's wharf and Union wharf, and extending across
the said river to the beach east of the North wharf, so
called ; the said bridge to be of such construction as the
town may determine.
Draw to be con- Sect. 2. The said inhabitants shall furthermore be re-
structed. quired to construct in the said bridge a suitable draw, over
the deepest water in the said river, of at least twenty-eight
feet wide, for the passage of vessels up and down the said
river. [Approved by the Governor, May 7, 1851.]
CIlClp 115. An Act in addition to an Act to annex a part of the Town of Dracut to
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 :
Representatives Sect. 1. That part of Dracut annexed to Lowell, by the
act to which this is in addition, for the purpose of electing
the representatives to the General Court to which the said
town of Dracut is entitled, until the next decennial census
shall be taken, in accordance with the provisions of the
thirteenth article of amendment to the constitution, shall
be and remain a part of the said town of Dracut.
Lists of persons Sect. 2. The mayor and aldermen of the city of Lowell
shail'ho fur'-°le snau annually, fourteen days at least before the second
«ished; &c. Monday of November, furnish to the selectmen of the
town of Dracut correct lists of all persons resident on the
said territory, who shall be entitled to vote at such elec-
tions in the said town of Dracut, so far as may be ascer-
to General
Court.
1851. Chap. 115—116. 619
tained by the records and doings of the said city of Lowell,
or any of its officers. And the city of Lowell, for every
neglect of its mayor and aldermen so to furnish such list,
shall forfeit the sum of one hundred dollars ; and for the Penalty for
making of a false return, in respect to any part of such list, perf^s/re?*'
shall forfeit the sum of twenty dollars for every name, in mm, #20.
respect to which a false return shall have been made, to be
recovered in the same manner as is provided by the fourth
section of the third chapter of the Revised Statutes, in
respect to penalties for neglect or false returns by collectors
of towns : provided, however, that the selectmen of Dra- Proviso.
cut shall be the final judges of the qualification of all voters
resident on the said territory for the purposes contemplated
in this act. [Approved by the Governor, May 7, 1851.]
An Act in addition to an Act concerning Alewives in Herring River in Chap 116.
the Town of Barnstable.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The inhabitants of the town of Barnstable, at Town may
their annual meeting in the month of February, shall ^oYre^ribe
choose one or more proper persons as a committee to regu- time and man-
late the taking of alewives in Herring River, at Marston's jjjwives &f .
mills, in the said town, which committee shall prescribe
and make known the time, not exceeding five days in each
week, and the manner and place or places where the said
fish may be taken by all the inhabitants of the said town,
and the said committee shall have and exercise all the
powers and duties which, by the act to which this is in
addition, are placed in the selectmen of the said town.
Sect. 2. The time during which the said fish shall be Time limited to
so taken by the inhabitants of the said town, and during thirty ays"
Avhich the occupants or owners of dams across the said
river shall be required to keep open and maintain the pas-
sage ways over or around their respective dams, shall not
exceed thirty days in each year ; and nothing contained in
this act, or the act to which this is in addition, shall be so
construed as to affect the legal rights of any person.
Sect. 3. The first and fifth sections of the act to which Acts ineonsist-
this is in addition, and all other parts of the said act which ent rePcalecl-
are inconsistent with the provisions of this act, are hereby
repealed. [Approved by the Governor, May 7, 1851. J
620
1851.-
-Chap. 117—118.
Chap 111.
Corporators.
Purpose, chari-
table relief, <fcc.
Powers, &c.
R. S. ch. 44.
May hold
#20,000 in
estate.
An Act to incorporate the United German Brethren.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, arid by the authority of
the same, as follows :
Sect. 1. John Weeber, Jacob Weller and George Som-
mers, their associates and successors, are hereby made a
corporation, by the name of the United German Brethren
in Boston, for the purpose of affording mutual charitable
relief, with all the powers and privileges, and subject to all
the liabilities, restrictions and requirements, set forth in the
forty-fourth chapter of the Revised Statutes.
Sect. 2. The said corporation may take and hold real
and personal estate for the purpose aforesaid, to an amount
not exceeding twenty thousand dollars. [Approved by the
Governor, May 7, 1851.]
C%>118.
Tolls estab-
lished.
No foot toll
unless, &c.
An Act regulating the rates of Tolls on Haverhill Bridge.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Haverhill Bridge Company are hereby
authorized, from and after the first day of September next,
to demand and receive, at the said bridge, the following
rates of toll, instead of the rates heretofore established, to
wit : — For each foot passenger, one cent ; for each horse
and rider, five cents ; for each horse and wagon, five cents ;
for each wagon and two horses, ten cents ; for each horse
with two or four wheeled chaise, ten cents ; for each stage
or pleasure carriage with two horses, fifteen cents ; for
each wagon or cart with one pair of oxen, ten cents ; for
each sleigh or sled drawn by one horse, five cents; for
each sleigh or sled drawn by two horses, ten cents ; for
each sled drawn by one pair of oxen, five cents ; for each
additional beast or teams, two and a half cents ; for neat
cattle, each two cents ; for sheep and swine, each one
cent ; for each man, with handcart or other vehicle, two
cents ; for each foot passenger paying by the quarter in
advance, seventy-five cents.
Sect. 2. Notwithstanding anything in the preceding
section, no foot toll is to be demanded or taken at the
bridge aforesaid, after the first day of September next, un-
less a good and sufficient foot passage be constructed upon
one side of the said bridge, and outside thereof, at least
five feet wide in the clear, and securely railed. [Approved
by the Governor, May 7, 1851.]
1851. Chap. 119— 12L 621
An Act to repeal the one hundred and twenty-sixth chapter of the Laws Chap 119.
of the year one thousand eight hundred and forty-nine. *
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
An act for the protection and regulation of Lieutenant's Respecting
Island, and the flats adjacent, in the town of Wellfleet, hiLd and flats
passed on the twentieth day of April, in the year one thou- adjacent,
sand eight hundred and forty-nine, is hereby repealed.
[Approved by the Governor, May 7, 1851.]
An Act to authorize Abraham H. Howland to build and maintain a Ma- Chap 120.
rine Railway in 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 :
Abraham H. Howland is hereby authorized to build and Powers grant-
maintain a marine railway in the harbor of New Bedford,
within the lines established by an act entitled " an act con-
cerning the harbors of New Bedford and Fairhaven," passed
on the eighth day of May, in the year one thousand eight
hundred and forty-eight, and to extend the said railway
from land owned by him, three hundred and twenty-five
feet from the shore into the river, in an easterly direction,
and to put down such piles and abutments as may be ne-
cessary for its convenience and safety : provided, that this
act shall in no wise impair the legal rights of any person.
[Approved by the Governor, May 7 , 1851.]
An Act in further addition to an Act for supplying the City of Boston Chap 121.
with Pure Water.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The control granted to the city of Boston over tide Restriction,
waters within the jurisdiction of this Commonwealth, by
the third section of an act in addition to an act for supply-
ing the city of Boston with pure water, passed on the first
day of May, in the year one thousand eight hundred and
forty-nine, shall be restricted to the line now occupied by
them for the purpose specified in the said third section.
[Approved by the Governor, May 7, 1851.]
622 1851. Chap. 122—123.
Chap 122. An Act to incorporate the New England Conductors and Engineers Mu-
tual Benefit Association.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. Caleb Pratt, Jr., Thomas White, John Q-. A.
Bean, their associates and successors, are hereby made a
corporation, by the name of the New England Conductors
Purpose. and Engineers Mutual Benefit Association, for the purpose
Liabilities, &c. of affording mutual charitable relief, with all the powers
T? ^ V. AA
and privileges, and subject to all the liabilities, restrictions
and requirements, set forth in the forty-fourth chapter of
the Revised Statutes.
May hold Sect. 2. The said corporation may hold real and per-
$30 000 •
sonal estate, for the purpose aforesaid, to an amount not
exceeding thirty thousand dollars. [Approved by the Gov-
ernor, May 7, 1851.]
Chan 123. An Act to renew the charter and to extend the time for locating and
■* constructing the Agricultural Branch Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Act of 1847 re- Sect. 1. The act to establish the Agricultural Branch
vived. Railroad Company, passed on the twenty-sixth day of
April, in the year one thousand eight hundred and forty-
seven, is hereby revived and declared to be in full force :
Proviso. provided, that if the said corporation shall not have been
organized and the location of their railroad upon the route
described in the said act have been filed according to law
within one year, and their road completed within two
years from the passage of this act, then this act shall be
void.
Sect. 2. The construction of the said railroad shall
Certificate of not be commenced until a certificate shall have been filed
shalfbTfikd m t'10 0ffice °f ^e secretary of the Commonwealth, sub-
withthesecreta- scribed and sworn to by the president of the said compa-
ry of state. n^. an(j & majority 0f t}ie directors thereof, stating that all
the stock named in its charter has been subscribed for by
responsible parties, and twenty per cent, of the par value
of each and every share thereof has been actually paid into
the treasury of the company.
Proviso. Sect. 3. The corporation shall not issue any stock for
a less sum than the par value named in its charter. [Ap-
proved by the Governor, May 7, 1851.]
1851. Chap. 124—125. 623
An Act to incorporate the Boston Musical Hall Association. ChanXI-i
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloics ;
Sect. 1. Jonas Chickering, Henry W. Pickering, Ed- Corporators.
ward Frothingham, their associates and successors, are
hereby made a corporation by the name of the Boston
Musical Hall Association, for the purpose of erecting and Purpose,
holding a musical hall in the city of Boston, with all the
rights and privileges, and subject to all the duties, liabilities Powers, &C,
and restrictions, set forth in the forty-fourth chapter of the R-S.ch.4i.
Revised Statutes.
Sect. 2. The said corporation, for the purposes afore- May hold
said, may take and hold real and personal estate to an fn'd perLilt'
amount not exceeding one hundred and fifty thousand dol-
lars.
Sect. 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 7, 1851.] cffcct-
An Act to incorporate the Danvers and Georgetown Railroad Company. Qhci))\25
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. John Wright, Samuel Little, Henry Poor, and Corporator.
Asa Pingree, their associates and successors, are hereby
made a corporation by the name of the Danvers and
Georgetown Railroad Company, with all the powers and
privileges, and subject to all the duties, restrictions and Duties, &c.
liabilities, set forth in the forty-fourth chapter of the Revised K-s-ch-44>&e-
Statutes, and in that part of the thirty-ninth chapter of the •
said statutes relating to railroad corporations, and in all stat-
utes subsequently passed relating to railroad corporations.
Sect. 2. The said corporation may construct and main- Location,
tain a railroad, commencing at some convenient point in
Georgetown, thence running through Rowley, Ipswich,
Boxford, Topsfield, Wenham, or any of said towns, to the
village of North Danvers, there to enter upon and unite
with the Essex Railroad, at some convenient point.
Sect. 3. The capital stock of the said railroad corpora- Capital stock
tion shall consist of thirteen hundred shares, and no assess- * share*-
Assessments.
ment shall be made thereon of a greater amount in the
whole than one hundred dollars on each share, and no
shares in the capital stock of the said corporation shall be
issued for a less sum or amount to be actually paid in on No stock issued
each than the par value of the shares which shall be first al lcss ,han Par-
issued ; and the said corporation may purchase and hold May hold real
such real estate, materials, engines, cars and other things as eslalc' &c-
80
624 1851. Chap. 125—126.
may be necessary for depots, for the use of the said road,
and for the transportation of persons, goods and merchan-
Proviso. dise : provided, however, that the said company shall not
commence the construction of the said road until after the
stock named in this charter shall have been taken by re-
sponsible persons, and ten per cent, on each and every share
shall have been paid to the treasurer of the said company.
Location to be Sect. 4. If the location of the said railroad be not
filed according n[eci according to law within two years, and if the said
two^e'aTs. '" railroad be not constructed within three years from the pas-
sage of this act, this act shall be void.
Legislature Sect. 5. The Legislature may authorize any company
may authorize to enter with another railroad upon the said railroad at any
other roads to • , .. r i ,i t i
enter. point thereof, and use the same according to Jaw.
May alter and Sect. 6. The Legislature may, from time to time, alter
reduce toils, &c. and reduce the rate of tolls or profits upon the said railroad ;
but the said tolls or profits shall not be so reduced without
the consent of the said corporation as to produce with said
profits less than ten per cent, per annum upon the invest-
ment of said corporation.
When to take Sect. 7. This act shall take effect from and after its
effect. passage. [Approved by the Governor, May 7, 1851.]
C/iffl?126. ^n -^c* *n Edition to an Act to incorporate the Pocha Pond Meadow
" ~ and Fishing Company in Edgartown.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. If any person, not a proprietor of this corpo-
Damagefrom ration, shall receive damage by the flowing of his mead-
flsUmated.hb U be 0WS' or m cl°smo tne present outlet of Pocha pond, the
county commis- county commissioners of Dukes county, after the hearing
pakfby corpo- °f au parties interested, shall estimate the amount of dam-
ration ; ages such persons may have sustained by the said corpora-
tion, and also the benefits, if any, such persons may derive
by the flowing of his meadows, or in closing the present
deducting bene- outlet ; which damages, if any, after deducting therefrom
fits' the benefits, said corporation shall pay ; and either party,
if dissatisfied with any estimate made by the said coin-
Either party missioners, may apply for a jury to assess the damages, ei-
may appeal. tjler at tne same meeting at which such estimates shall be
completed and returned, or at the next regular meeting
thereof, and the like proceedings shall be had thereon as
are provided for the recovery of damages for laying out
highways.
Sec.4 of charter Sect. 2. The fourth section of an act entitled an act
repealed. t0 incorporate the Pocha Pond Meadow and Fishing Com-
1851. Chap. 126—127. 625
pany, passed on the twenty-fifth day of April, in the year
one thousand eight hundred and forty-eight, is hereby re-
pealed.
Sect. 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 7, 1851.]
An Act to establish a Board of Bank Commissioners. Chap 127.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. There shall be appointed by the governor,
with the advice of the council, on or before the first
day of Jane next, three persons, to be styled bank com- Three commis-
missioners, who shall exercise the powers, and perform *.'°"resrs for three
the duties hereinafter specified, for the term of three years,
and until their successors shall be appointed and qualified :
provided, however, that the person first named of the said Proviso.
commissioners, shall go out of office at the end of one year,
and the person next named shall go out of office at the end
of two years, and the person third named, shall go out of
office at the end of three years, and so on in rotation after-
wards, each commissioner at the end of three years ; but any
person, going out of office, may be reappointed: and pro- Further provi-
vided further, that the governor, with the advice of the s<
council, may at any time remove from office any or all of
the said commissioners, and may fill all vacancies.
Sect. 2. The said commissioners, or any two of them,
at least once in every two years, and as much oftener as
they may deem expedient, shall visit every bank and insti- shall visit every
tution for savings, which has been or may be incorporated uv"kv°" rj at
by authority of this Commonwealth, and shall have free least, and in-
access to their vaults, books, and papers, and shall thor- spect'
oughly inspect and examine all the affairs of the said cor-
porations, and make any and all such inquiries as may be
necessary to ascertain the condition of the said corpora-
tions, and their ability to fulfil all the engagements made
by them, and whether they have complied with the provis-
ions of law applicable to their transactions : and provided, Proviso.
always, that the said commissioners shall examine all
banks within the first year after they shall go into opera-
tion ; and also, all banks which shall receive acts to in-
crease their capital stock, within the first year after the ad-
ditional stock shall be paid in. The said commis-
sioners shall examine, every year, as nearly one half of all Examine half
institutions under their charge as they may be able to do, each year.
and shall preserve, in a permanent form, a full record of
their proceedings, including a statement of the condition of
each bank.
626 1851,— Chap, 127.
Sect. 3. The said commissioners, or either of them,
May examine may summon, and examine under oath, all directors, offi-
bajiks;C&!c.0 cers> °r agents of the said corporations, and such other wit-
nesses as they may think proper, in relation to the affairs,
transactions, and condition of such corporations ; and any
such director, officer, agent, or other person, who shall re-
Refusal to testi- fuse, without justifiable cause, to appear and testify, when
p^isonment"1 thereto required as aforesaid, or who shall obstruct, in any
way, any commissioner in the discharge of his duty, as
prescribed in this act, shall, on conviction thereof, be sub-
ject to a flue not exceeding one thousand dollars, or im-
prisonment for a term not exceeding one year.
Sect. 4. In addition to the examination herein provid-
Commissioners ed for, if any five or more persons, who shall be officers,
banks^frequest stockholders, or creditors of any bank or institution for
of officers. savings, shall make and sign a certificate, under oath, setting
forth their interest and the reasons for making such exami-
nation, directed to the commissioners, requesting them to
examine any bank or institution for savings which may
be designated by them, it shall be the duty of the said
commissioners to proceed forthwith, and make a full inves-
tigation of the affairs of such corporation, in the manner
hereinbefore provided.
Sect. 5. If, upon examination of any bank, or institu-
tions for savings, a majority of the said commissioners shall
incascofinsoi- be of opinion that the same is insolvent, or that its condi-
vency may ap- tioii. is such as to render its further progress hazardous to
ply (or an in- . ... . ..,.,.*•? . .
junction. the public, or to those having funds in its custody, m any
such case it shall be their duty to apply, or if upon such
examination they shall be of opinion that the said bank or
institution for savings has exceeded its powers, or has
failed to comply with any of the rules, restrictions, or con-
ditions provided by law, they may apply to some one of
the justices of the supreme judicial court to issue an in-
junction to restrain such corporation, in whole or in part,
from further proceeding with its business, until a hearing
The justice shall of the said corporation can be had ; and such justice shall
&c.epr°CCSS' forthwith issue such process, and, after a full hearing of
such corporation upon the matter aforesaid, may dissolve
or modify the said injunction, or make the same perpetual,
and make such orders and decrees to suspend, restrain, or
prohibit the further prosecuting of the business of such
corporation, as may be needful in the premises, according
to the course of chancery proceedings, and, at his discre-
And may ap- tion, may appoint agents or receivers to take possession of
pomt receivers, fae property and effects of the corporation, subject to such
rules and orders as may, from time to time, be prescribed
1851.— Chap. 127. 627
by the supreme judicial court, or auy justice thereof, in va-
cation ; and the said commissioners shall have power to
appoint a clerk of their board, prescribe his duties, and fix Commissioners
his compensation, whenever the public good may, in their may appoint a
opinion, demand such appointment.
Sect. G. The said commissioners, in the month of De-
cember, annually, shall make a report to the secretary of the Shall report an-
Common wealth of the general conduct and condition of "emiier!" e"
the corporations visited by them, making such suggestions
as shall by them be deemed expedient ; and if any of the
said corporations shall, in the opinion of the commissioners,
be found at any time to have violated any law of this
Commonwealth, they shall forthwith make a special report Shall make spe-
on the subject of such violation, containing such statements oia'ion^&c'. V'"
and remarks as they may deem expedient, to the secretary
of the Commonwealth, and the secretary shall give notice
of the same to the attorney general, who shall at once pros-
cute the same in behalf of the state ; and the report of
the commissioners shall be printed, and laid before the
Legislature at the next session thereof.
Sect. 7. Before entering on the duties of their office,
the said commissioners shall severally make oath before Shall make oath
some justice of a court of record, or before any two justices copy^secreta-
of the peace within the Commonwealth, a certified copy ryofCommon-
of which shall be returned, within thirty days, to the office w
of the secretary of the Commonwealth, that they will
faithfully and impartially discharge and perform all the du-
ties incumbent upon them in their said office, agreeably to
the constitution and laws of this Commonwealth, and ac-
cording to their best abilities and understanding.
Sect. 8. No bank shall discount any note, or bill of
exchange, to which a bank commissioner is a party, either
as principal, surety, endorser, or otherwise.
Sect. 9. Each of the said commissioners shall receive,
as compensation for his services, five dollars for each and Compensation
every day employed by him, and at the rate of one dollar frt^kel' and
for every twenty miles travel, in the performance of the
duties prescribed by this act, and the governor is hereby
authorized to draw his warrants on the treasury therefor, Warrants,
including compensation for any clerk who may be em-
ployed by the said commissioners.
Sect. 10. If the commissioners shall find, at the exam-
ination of any bank, that the directors or cashier have vio- Secretary of
lated any of the existing laws in relation to banks and Commonwealth
i i • ,r i 11 , , „ . to prosecute vi-
bankmg, they shall report the same to the secretary of the oiaf.ons report-
Commonwealth, who shall, on receiving such information, s^rsc,ommis"
cause the law relative thereto to be forthwith executed.
628
1851.— Chap. 127—128.
When to take
effect.
Chap 128.
Railroads al-
lowed to enter
on each other,
&c.
Further regula-
tions.
Essex R. R.
Co. may widen
location, &c.
Proviso.
A superintend-
ent provided
for.
Sect. 11. This act shall take effect from and after its
passage. [Approved by the Governor, May 8, 1851.]
An Act in relation to the Essex, and Salem and Lowell Railroad Com-
panies, and the South Reading Branch Railroad.
BE it enacted by the Senate a?id House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Salem and Lowell Railroad Company are
hereby authorized to enter upon the Eastern Railroad, from
the Essex Railroad, at any point of connection in Salem,
and to use the same, or any part thereof, according to law ;
and the South Reading Branch Railroad are authorized to
enter upon the Essex Railroad, at South Danvers, and to
use the same, or any part thereof, according to law.
Sect. 2. The Salem and Lowell Railroad Company
and the South Reading Branch Railroad are authorized to
enter, with their motive power, upon the Essex Railroad,
at South Danvers, and may proceed therewith over such
portion of the said railroad and its branches, as have been
and may be constructed between Central street, in South
Danvers, and Phillips wharf, in Salem ; and the two com-
panies aforesaid shall be entitled to the use of the turn-
tables, side tracks, and all other depot accommodations of
the Essex Railroad, and they are authorized, at their own
expense, to construct branch tracks, leading from the said
railroad, to premises occupied by the said companies respec-
tively.
Sect. 3. The Essex Railroad Company are authorized
to widen the location of their railroad and branches, lying
eastward! y of Central street, in South Danvers, as afore-
said, and to take such additional land as may be necessary
for the purpose of constructing a double track, with suita-
ble side tracks : provided, that the location thereof be filed
and the construction completed within two years from the
passage of this act.
Sect. 4. All that portion of the Essex Railroad and its
branches, lying easterly of Central street, in South Dan-
vers, shall be under the care of a superintendent, who shall
be appointed by the three companies entitled to use the
same, and who shall not otherwise (except by th.3 consent
of all the said companies,) be in the employ of either of
them ; and the directors of the said three companies may
make such contracts and arrangements as shall be neces-
sary for the joint management and repairs of the said por-
tion of the Essex Railroad and its branches ; and either of
the said companies is hereby authorized to contract with
1851. Chap. 128. G29
the others, or either of them, for operating their respective
roads, or any part thereof; and the salary of the superin-
tendent, and all expenses incurred in the management and
repairs of that portion of the Essex Railroad lying eastward-
ly of Central street, in South Danvers, shall be apportioned Hfe salary, how
between the three companies, according to their proportion- p
ate use of the same ; and, in case of disagreement at any
time, either of the said companies may apply to the county
commissioners of the county of Essex, who, after due no-
tice and a hearing of the parties, shall act as arbitrators
upon all points of difference between the said companies, in Differences be-
relation to the management and repairs as aforesaid, and [^mayb^'rel
shall have authority to appoint a superintendent, and to ferred to' county
make an apportionment of his salary and of all other ex- commlss"
penses ; and their award and decree in the premises, or the
award and decree of a major part of them, and the appoint-
ment of a superintendent, when made, shall be binding
upon all parties for one year, at the expiration of which, or
at any time thereafter, it may be revised and amended upon
the petition of either party ; but the said three companies
may at any time, by their concurrent vote, remove such
superintendent and substitute another. The award of the Award, &c.,
said commissioners, or of a major part of them, together whe" made'
with the said appointment of a superintendent, and all mat-
ters which by this section are referred to the said commis-
sioners, shall be made within three months after the sub-
mission of the same.
Sect. 5. The Salem and Lowell Railroad Company Compensation
and the South Reading Branch Railroad shall each pay to forVs^ how
-,-, t, •. ■• *■ J paid, &c.
the Essex Railroad Company, semi-annually, such com-
pensation for the use of the aforesaid portion of its railroad,
and for all the privileges conferred by this act, as may be
agreed upon by the parties ; and in case of disagreement,
the court of common pleas, upon the petition of either Court of Com-
party, presented to any justice thereof sitting in any coun- mo" .Pleas ,na>r
7 ii /• i • • • • appoint coin-
ty, shall, alter due notice, appoint three commissioners, missioned to
who, after hearing the parties, shall have authority to de- se^s d^ r"
termine the amount of compensation to be paid semi-annu-
ally as aforesaid ; and the award and decree of the said
commissioners, or a major part of them, being made and
reported to the said court at any term thereof holden with-
in and for the said county of Essex, within six months
after making the same, shall be final and conclusive upon
the parties.
- Sect. 6. In case of any accident occurring upon that wi.ifii compa-
part of the Essex Railroad lying eastwardly of Central *$ ^dent Ca*e
street, as aforesaid, that company shall be held liable for
630 1851. Chap. 128—129.
the same by whose act, neglect or default, it was occasion-
ed ; and if it shall occur in consequence of any defect in
the road, the damage shall be borne by the three compa-
nies respectively, in the same proportion in which they are
required to pay for repairs of the road.
South Reading Sect. 7. The South Reading Branch Railroad is here-
foTd mayln- DY authorized to increase its capital stock by an amount
crease capital not exceeding one hundred thousand dollars : provided,
#100,000. tjiat -t sjiaQ nQt ^ aphorized to issue the same for less
than one hundred dollars a share.
Sect. 8. If, within three months after the passage of this
act, the Essex Railroad Company, at a meeting legally called
for that purpose, shall, by a vote of a majority of the shares
Provisions in represented at such meeting, consent to the provisions of
atf eptVnc^or this act> the further provisions of this section shall be void ;
non-acceptance but if the said Essex Railroad Company shall fail to con-
the Essex 'ft. R. sent to the same, as aforesaid, the said Salem and Lowell
Co- Railroad Company and the South Reading Branch Rail-
road may, at the expiration of three months, as aforesaid,
locate, construct and maintain railroads, extending from
the termination of their railroads in South Danvers, and, as
nearly as may be, within and on the south side of the loca-
tion of the Essex Railroad, to points of connection with the
main track thereof, between North and Forrester streets, in
Salem, and also locate, construct and maintain branches,
extending therefrom eastwardly from North street, in Sa-
lem, and, as far as may be, within the location of the branch
of the Essex Railroad, to Phillips wharf, with the right to
cross tracks of the Essex and Eastern Railroads ; and for
the purpose of locating, constructing and maintaining the
said railroads and branches, the Salem and Lowell Railroad
Company and the South Reading Branch Railroad shall
be entitled to all the privileges, and shall be subject to
all the duties, restrictions and liabilities, of railroad cor-
porations under existing laws, and all general laws which
may hereafter be passed relating to railroads : provided,
that the location of the said railroads and branches shall
be filed, and the construction thereof completed within
two years from the passage of this act.
When to lake Sect. 9. This act shall take effect from and after its
passage. [Approved by the Governor, May 14, 1851. J
effect.
Chap 1 29. ^n ^ct concerning Malicious Mischief.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Every person who shall wilfully and mali-
1851. Chap. 129—130. 631
ciously, by the explosion of gunpowder, or any other ex- Punishment for
plosive substance, unlawfully destroy or injure any dwell- J^'^SJi,]
ing-house, office, shop or other building, or any vessel, &<s.
within the body of any county, shall be punished by im-
prisonment in the state prison not more than twenty years,
or by imprisonment in the county jail or house of correc-
tion not more than five years, or by fine not exceeding one
thousand dollars.
Sect. 2. Every person who shall wilfully and mali- Forthrowing
. J i . j iv 1 explosives into
ciously throw into, against, or upon any dwelling house, dwellings, &c.
office, shop or other building, or any vessel, within the
body of any county, or shall put or place, or explode, or
cause to be exploded, in, upon or near such dwelling
house, office, shop, building or vessel, any gunpowder or
other explosive substance, or any bomb shell, torpedo or
other instrument, filled or loaded with any explosive sub-
stance, with intent unlawfully to destroy or injure such
dwelling house, office, shop, building or vessel, or any per-
son or property therein, shall be punished by imprisonment
in the state prison not more than ten years, or in the
county jail or house of correction not more than five
years, or by fine not exceeding five hundred dollars.
Sect. 3. Every person who shall wilfully and mali- For throwing
J 1 i u • u oil vitriol, coal
ciously throw into, against, or upon any dwelling house, ,ar)&c.
office, shop or other building, or any vessel, within the
body of any county, or shall put or place therein or there-
on any oil of vitriol, coal-tar, or any other noxious or
filthy substance, with intent unlawfully to injure, deface or
defile such dwelling house, office, shop, building or vessel,
or any property therein, shall be punished by imprisonment
in the state prison not more than five years, or in the
county jail or house of correction not more than three
years, or by fine not exceeding three hundred dollars.
[Approved by the Governor, May 15, 1851.]
An Act to incorporate the Female Mutual Sewing Society connected Chap 130.
with the First Christian Church and Congregation in Lynn.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Mary L. Dickerson, Martha J. Boyington and Corporators.
Rosanna Phillips, their associates and successors, are hereby
made a corporation, by the name of the Female Sewing
Society, connected with the First Christian Church and
Congregation in Lynn, for the purpose of raising money,
by their labor and other laudable means, for charitable ob-
jects, with all the powers and privileges, and subject to all Powers, &e,
81
632
1851
■Chap. 130—132.
r. s. ch. 44. the duties, restrictions and liabilities, set forth in the forty-
fourth chapter of the Revised Statutes.
$5000 real and Sect. 2. The said corporation may hold real and per-
perso estate, sonal estate for the purpose aforesaid, to an amount not ex-
ceeding five thousand dollars.
When to take Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, May 15, 1851.]
Chap 131.
Corporators.
Duties, &c.
R. S. ch. 36,44,
&LC.
May hold
#10,000 real
estate.
An Act to incorporate the Clinton 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 :
Sect. 1. Franklin Forbes, A. S. Carlton, Charles G.
Stevens, their associates and successors, are hereby made a
corporation, by the name of the Clinton Savings Bank, to
be located in Clinton, with all the powers and privileges,
and subject to all the duties, liabilities and restrictions, set
forth in the thirty-sixth and forty-fourth chapters of the
Revised Statutes, and in all other laws of this Common-
wealth relating to savings banks and institutions for savings.
Sect. 2. The said institution is authorized to hold real
estate not exceeding in amount ten thousand dollars. [Ap-
proved by the Governor, May 15, 1851.]
Chap 132.
Corporators.
Rights, &c.
R. S. ch. 43.
May hold cer-
tain lands.
May manage
the same, &x.
An Act to incorporate the Proprietors of the Commons or the Sheep Pas-
ture in Beverly.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Samuel Cole, John O. Foster, Charles Davis,
Herbert S. Stanley, Charles C. Payne, and such others as
are proprietors in the land mentioned in the second section
of this act, their successors and assigns, are hereby made a
corporation, by the name of the Proprietors of the Com-
mons or Sheep Pasture in Beverly, with all the rights and
privileges, and subject to all the requirements, of the forty-
third chapter of the Revised Statutes.
Sect. 2. The said corporation are authorized to hold
the land at Beverly Farms, in Beverly, known as the Com-
mons or Sheep Pasture, consisting of the lots set off respec-
tively to Andrew Woodbury and others, to Andrew Ellin-
wood and others, to John Morgan and others, to Jonathan
Dodge, senior, and others, to Jeremiah But man, and to
John Thorndike, Jr., containing about one hundred and
thirty-five acres, and to manage and improve the same for
the benefit of the proprietors as they shall deem best, and
they may assess the proprietors and their rights for the
1851.- Chap. 132—133. 633
expenses which have been or may be incurred in relation
thereto.
Sect. 3. All the rights in the said land to which claims Interest of the
shall not be established, shall be held by the said corpora- |JjJ°ofBw
tion for the benefit of the town of Beverly, until the own-
ers shall assert their title ; and in ascertaining the number One right not
of rights the corporation shall allow not less than one right [j^J"1"1
for every six acres.
Sect. 4. The corporation may sell the said land at May sell land at
public auction ; and thereupon, after paying over to such aucUon> c
proprietors as shall have proved their rights to their respec-
tive shares of the proceeds, they shall pay the residue into
the treasury of the town of Beverly.
Sect. 5. If it shall be found that any of the persons Nonproprie-
above named is not a proprietor in the said land, his being
named in this act shall not be construed to make him such
or to make him thereafter a member of the said corpora-
tion. [Approved by the Governor, May 15, 1851.]
An Act relating to Joint Stock Companies. Chap 133.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Any number of persons not less than three, Any number of
who by articles of agreement in writing have associated, KanXee'roay8
or who shall associate themselves together according to the become a body
provisions of this act, under any name by them assumed, corpor
for the purpose of carrying on any kind of manufacturing,
mechanical, mining or quarrying business, and who shall
comply with all the provisions of this act, shall, with their
successors and assigns, be and remain a body politic and
corporate, under the name by them assumed in their said
articles of association : provided, that no association shall Proviso.
be formed, under the provisions of this act, for the purpose
of distilling or manufacturing intoxicating liquors.
Sect. 2. The amount of the capital stock of every Capital stock
such corporation shall be fixed and limited by the stock- #5000 nor more,
holders in their articles of association, and shall in no case than §200,010.
be less than five thousand dollars, nor more than two hun-
dred thousand dollars.
Sect. 3. The purpose for which every such corporation Purpose shall
shall be established, and the town or city within which it l^Peclfied'
is established or located, shall be distinctly and definitely
specified by the stockholders in their articles of associa-
tion ; and it shall not be lawful for such corporation to
direct its operations, or appropriate its funds to any other
purpose.
634
1851.-
Gh\p. 133.
President, &c,
shall make cer-
tificate, &c.
Certificate to
be sworn to,
published and
deposited with
secretary of
Common-
wealth, &c.
Certificates of
instalments to
be deposited as
aforesaid.
Powers, &c.
R. 8. ch. 38, 44.
Shall bear a
distinct name,
&c.
May hold real
and personal
estate.
May increase
its stock not
exceeding', &,c.
Proviso.
further pro-
viso.
Certificate of
increase to be
deposited, &,c.
Sect. 4. Before any corporation, formed and established
under the authority of this act, shall commence business,
the president, directors and treasurer thereof, who shall
have been chosen agreeably to the provisions of the thirty-
eighth and forty-fourth chapters of the Revised Statutes,
shall make a certificate setting forth the corporate name,
the purpose for which such corporation is formed, the
amount of the capital stock thereof, the amount actually
paid in, the par value of the shares, the names and resi-
dence of the several stockholders, and the number of
shares owned by each stockholder, which certificate shall
be signed and sworn to by the president, treasurer, and a
majority of the directors of such corporation, and shall be
published three several times, in a newspaper printed in
the town or county in which such corporation is located ;
and such certificate shall be deposited with the secretary
of the Commonwealth, and a duplicate copy thereof with
the clerk of the town or city in which such corporation is
established or located, and the said secretary and clerk res-
pectively shall record the same in books, to be by them
kept for that purpose ; and within thirty days after the
payment of any instalment called for by the directors of
such corporation, a certificate thereof shall be made, signed,
sworn to, deposited and recorded as aforesaid.
Sect. 5. When such persons are organized%as aforesaid,
they shall become a corporation, with all the powers and
privileges, and subject to all the duties, restrictions and
liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Sect. 6. Every corporation formed under this act shall
bear a name indicating its corporate character, and that not
the name of any other corporation or company.
Sect. 7. Every corporation established under the pro-
visions of this act may, in its corporate name, hold all
such real and personal estate as shall be necessary for the
purpose of such corporation, and may convey the same at
pleasure.
Sect. 8. Every such corporation may increase its capi-
tal stock, and the number of shares therein, at any meeting
of the stockholders specially called for that purpose : pro-
', that the amount, when so increased, shall not ex-
ceed the amount authorized by this act ; and provided,
aho, that the president, directors and treasurer of such cor-
poration shall cause a certificate of such increase of its
capital stock and shares to be made, signed, sworn to,
deposited and recorded, as is provided in the fourth section
of this act.
1851.— Chap. 133. 635
Sect. 9. The directors of every corporation that may Directors shall
make an a
certificate.
be formed under the provisions of this act, shall annually, make au annua3
in the month of January, make a certificate, containing a
statement of the amount of the capital stock of snch cor-
poration actually paid in, the amount invested in real estate,
and the amount invested in personal estate, the amount of
property owned by such corporation, and of debts due to
it on the first day of December then next preceding, the
amount of all existing debts against such corporation, as
nearly as the same can be ascertained, with the name of
each stockholder, and the number of shares held by him
at the date of such certificate, which certificate shall be Certificate
signed and sworn to by the president, treasurer, and a ma- jepoLe/with
jority of the directors of such corporation, and deposited clerk of town or
with the clerk of the town or city in which snch corpora- Clly'
tion may be established or located ; and whenever any Transfers of
stockholder shall transfer his stock in any such corporation, £,&!* °Cr"
a certificate of such transfer shall forthwith be deposited
with the town or city clerk as aforesaid, who shall note
the time when the same was deposited, and record the cer-
tificate at full length in a book to be by him kept for that
purpose, and no transfer of such stock shall be valid as Clerks shall
against any creditor of such stockholder, until such certifi- &* e recorc''
cate shall have been deposited and recorded as aforesaid.
Sect. 10. The certificate required by the fourth, eighth These cenifi-
and ninth sections of this act shall be understood to be in ^\^i^1'
addition to the certificate required by the seventeenth and
eighteenth sections of the thirty-eighth chapter of the
Revised Statutes, and nothing herein contained shall be
understood as dispensing with the requirements of the said
seventeenth and eighteenth sections of the chapter afore-
said.
Sect. 11. If the officers of any corporation organized officers made
and established under the authority of this act, shall refuse iect,&i! "eff
or neglect to perform the duties required by the third,
founh, eighth, and ninth sections of this act, they shall be
jointly and severally liable for all debts of such corpora-
tion, in like manner, and to the same extent, as the neg-
lect or refusal to comply with the requirements of the
seventeenth and eighteenth sections of the thirty-eighth
chapter of the Revised Statutes does by law render the
officers therein mentioned, liable.
Sect. 12. All corporations organized under this act For purposes of
i ii r i n • i i • ii ..l taxation, to be
shall, for the purposes of taxation, be subject to all the subjcct, &c.
duties, liabilities and restrictions, set forth in the ninety-
eighth chapter of the acts of the year one thousand eight
hundred and forty-three, and also in the three hundred and
636
1851.
■Chap. 133—134.
Legislature
may repeal this
act or dissolve
any corpora-
tion, <Stc.
Secretary of
Commonwealth
to publish an-
nually an ab-
stract, ifec.
Stockholders
liable for debts
due laborers,
fee.
It. S. ch. 3G.
No stock issued
under par.
When to take
effect.
eighth chapter of the acts of the year one thousand eight
hundred and fifty.
Sect. 13. The Legislature may, at any time, alter,
amend or repeal this act ; and may also, by special act,
annul or dissolve any corporation existing under the same ;
but the dissolution of such corporation, either by repeal of
this act or by special act, shall not take away or impair
any remedy given against the same, its stockholders or
officers, for any liability which may have been previously
incurred.
Sect. 14. The secretary of the Commonwealth shall
annually prepare and cause to be printed, a true abstract
from the certificates required by this act to be deposited
with him, and he shall submit the same to the Legislature,
at as early a period of its annual session as may be practi-
cable.
Sect. 15. The stockholders of any corporation, organ-
ized under the provisions of this act, shall be, jointly and
severally, individually liable for all debts that may be due
or owing to all their laborers, servants and apprentices, for
services performed by themselves, their wives or minor
children, as operatives for such corporations, within six
months next preceding the demand made for any such
debt ; and for the recovery thereof, as well as to obtain
contribution therefor, in case of payment by any stock-
holder, like remedies shall be had as are provided in the
thirty-sixth chapter of the Revised Statutes, in cases of
individual liability of stockholders.
Sect. 16. No shares in the capital stock of any corpo-
ration, organized under the provisions of this act, shall be
issued for a less sum or amount, to be actually paid in on
each, than the par value of the shares which shall be first
issued.
Sect. 17. This act shall take effect from and after its
passage. [Approved by the Governor, May 15, 1851.]
Chap 134. An Act in addition to an Act to incorporate the Southbridge and Black-
stone Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as foUoios :
Sect. 1. The time for the filing of the location and for
Time extended
one year.
Authorized to
divide their
road into three
sections.
the construction of the Southbridge and Blackstone Rail-
road is hereby extended one year beyond the time pre-
scribed by their charter.
Sect. 2. To facilitate the construction of the said rail-
road, this corporation are hereby authorized and empowered
1851. Chap, 134. G37
to divide their said road into three sections, to wit : The Description of
easterly section to embrace that part of the line between scct!°"s-
the easterly line of the state of Connecticut and the
terminus at Blackstone. The westerly section shall em-
brace that part of their line between the Norwich and Wor-
cester Railroad, in the town of Webster, and the western
terminus in Sonthbridge. The middle section shall embrace
the remainder of their chartered line. And the said corpo- Shall not com-
ration shall not put under contract or commence the con- ^"ioVtiiT em
struction of the said western section of their road till a bona #150,000 arc
fide subscription to their stock shall be made, to the amount
of one hundred and fifty thousand dollars. And the said Nor eastern sec-
easterly section of the said road shall not be put under con- oooissub- '
tract, or its construction commenced, till three hundred 'scribed, &c.
thousand dollars shall be subscribed, to be applied to the
construction of the same. And the said company shall not Nor the remain-
put under contract or commence the construction of the re- gfoo^ooo more
maining section till a further sum of one hundred thousand is subscribed.
dollars shall be in like manner subscribed. And, further^
more, the construction of either of the aforesaid sections
shall not be commenced until a certificate shall have been Nor till a cCi tin-
filed with the secretary of the Commonwealth, subscribed fifed wlui s^cre-
and sworn to by the president of the said company and a ta,.v of Com-
/. i T , /• • i J . niomvealth,
majority ot the directors thereof, stating that the amount stating, &c.&e.
hereinbefore required to be subscribed, before the com-
mencing of the construction of said section, has all been sub-
scribed for by responsible parties, and that twenty per cent,
of the same has actually been paid in. And no share of No share issued
said stock shall be issued at less than the par value named a css a" par"
in the charter.
Sect. 3. The said company are hereby authorized to May lease their
lease any section or sections of their road to any railroad [°^0' tar ^ake
corporation or corporations whose railroad adjoins such sec- joint stock, &c.
tion, or they may take lease of or make joint stock with
any such railroad corporation, upon such terms as the di- *"
rectors of the contracting companies shall agree, subject to
the approval of two-thirds in interest of the stockholders of
each contracting company, at legal meetings called for that
purpose. And if any sections of the said road shall not be
constructed within the time herein granted, this act and the
act to which it is in addition shall be void so far as such Act void, if not
sections are concerned and no farther, anything in such acts couslruclc > 'c-
to the contrary notwithstanding.
Sect. 4. The ninth section of the act entitled an act to Ninth section of
incorporate the Southbridge and Blackstone Railroad Com- ^^i. r°
pany is hereby repealed.
Sect. 5. This act shall take effect from and after its Takes eiiect.
passage. [Approved by the Governor, May 15, 1851.]
638 1851. Chap. 135—136.
Chan 135. An Act t0 incorporate the Worcester Mechanics 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 :
Corporators. Isaac Davis, Francis H. Dewey, William M. Bickford,
their associates and successors, are hereby made a corpora-
tion, by the name of the Worcester Mechanics Savings
Bank, to be established in the city of Worcester, with all
the powers and privileges, and subject to all the duties, Ha-
lt, s. cli. 36, bilities and restrictions, set forth in the thirty-sixth chapter
&c- of the Revised Statutes, and in all other laws of this Com-
monwealth relating to institutions for savings. [Approved
by the Governor, May 15, 1851.]
Chan 136 ^n ^c* t0 f"acilita^e the Settlement of Estates of Deceased Persons.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever, for the purpose of closing the set-
tlement of the estate of any deceased person, it shall be
deemed expedient, by the probate court of the county in
which the letters testamentary or of administration were
granted, for the executor or administrator to make sale of
any outstanding debts, claims, or assets, due or belonging
to such estate, which cannot, in the opinion of such court,
be collected and received or determined by the executor or
administrator without unreasonable or inconvenient delay,
When executor the executor or administrator, upon his petition for a license
or administrator therefor, and after such notice of the hearing thereon to the
may sell and as- ' . . D
sign debts, &c. persons that may be interested in the estate as the court
shall order or approve, and after due hearing and action
thereon by the court, may, under such license and accord-
ing to such direction as to time, place, notice and manner
of sale as such court shall prescribe, having regard, so far
as may be thought necessary or prudent, to the provisions
and aims of the laws relating to sales of real estate by ex-
ecutors and administrators, sell and assign such debts,
claims or assets to the best advantage that may be for such
estate ; and the purchaser of any of such debts, claims or
assets at such sale shall be deemed to be invested thereby
with the same interest and rights, in and respecting the
same, as the executor or administrator had or might have
had but for such sale.
Appeal. Sect. 2. There shall be the like rights of appeal to the
supreme judicial court, in behalf of any person interested,
from any proceeding of the probate court in relation to the
1851. Chap. ] 36— 133. 639
granting of such license, as are provided in other cases.
[Approved by the Governor, May 15, 1851.]
An Act in addition to an Act authorizing the disposal of the Property of Chap 137.
the East Parish in Amcsbury.
BE it enacted bij the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The provisions of the act passed on the seventeenth day Disposal of
of April, in the year one thousand eight hundred and forty- fUnds chansed-
nine, entitled "an act authorizing the disposal of the prop-
erty of the East Parish in Amesbury," are hereby so far
changed, that the funds of the said parish and the proceeds
of the sales of the property therein authorized to be sold,
shall be appropriated and applied in the manner hereinafter
provided, instead of being invested as directed in the afore-
said act, to wit: First, to the payment of all the debts and To pay debts,
liabilities of the said East Parish in Amesbury, of every c"
description. Secofidly, to the payment of all reasonable To pay expen-
expenses incurred, both by the petitioners and remonstrants ses' &c'
and other parties interested, upon the several applications
made to the General Court in regard to the disposal of the
said property at the present session thereof, and also during
the session of the year one thousand eight hundred and
forty-nine. Thirdly, to the payment of the sum of one TopayB.Saw-
hundred dollars to the Reverend Benjamin Sawyer, or his yer'
legal representatives. Fourthly, the remainder shall be Remainder;how
paid to the treasurer of the Congregational Society of Salis- paid'
bury and Amesbury, in Amesbury ; the treasurer of the
Union Evangelical Society of Salisbury and Amesbury, in
Salisbury ; and the acting treasurer of the said East Parish
in Amesbury, respectively, to each one third part thereof, to
be appropriated in such manner and to such purposes and
uses as the said societies shall respectively determine.
[Approved by the Governor, May 15, 1851.]
An Act regulating the Publication of Advertisements issued under the Choi) 138
authority of Probate Judges and Commissioners of Insolvency. *
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. All persons having business at the several pro- Right of select-
bate offices, and at the several offices of the commissioners ",g newsPaPers-
of insolvency of this Commonwealth, shall have the right
of selecting such newspapers as they may prefer and name
for the publication of all legal notices which may be or-
dered, under their application, by the several judges of pro-
82
640
1851.
-Chap. 138—139.
Proviso.
When to take
effect.
bate and commissioners of insolvency : provided, that if, in
the judgment of any judge of probate or commissioner of
insolvency, the newspaper thus selected shall be deemed
insufficient to give due publicity to any such notice, said
judge of probate or commissioner of insolvency shall have
the right of ordering the publication of the said notice in
one other paper.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 15, 1851.]
Corporators.
Duties, &e.
R. S. ch. 44,
Location.
Chap 139. An Act to incorporate the Stoneham Branch Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Thaddeus Richardson, Amasa Farrier, Wil-
liam Young, their associates and successors, are hereby
made a corporation, by the name of the Stoneham Branch
Railroad Company, with all the powers and privileges, and
subject to all the duties, restrictions and liabilities, set forth
in the forty-fourth chapter of the Revised Statutes, and in
that part of the thirty-ninth chapter of the said statutes re-
lating to railroad corporations, and in all general laws
which are now or may be hereafter in force respecting rail-
road corporations in this Commonwealth.
Sect. 2. The said corporation are hereby authorized to
locate, construct and maintain a railroad, commencing at
some suitable point in the village of Stoneham, and run-
ning in a westerly, southerly, and then southeasterly di-
rection, through East Woburn and Winchester, to Medford,
at some convenient point of intersection with the Medford
branch of the Boston and Maine Railroad in Medford ; or,
if the corporators shall so elect, to commence at the same
point in Stoneham, and running through East Woburn, to
connect with the Boston and Lowell Railroad, between the
eight and ten mile post of said Boston and Lowell Railroad.
Sect. 3. The capital stock of the said corporation shall
consist of one thousand shares of one hundred dollars each,
and the said corporation may take, purchase and hold such
real estate on the line of the said railroad, and may pur-
chase and hold such cars, engines, and other personal prop-
erty as may be necessary and convenient for the purposes
of their incorporation ; and no shares shall at any time be
issued under their par value of one hundred dollars.
Sect. 4. If the said corporation be not organized and
the location of the said railroad be not filed according to law,
within one year from the passage of this act, or if the said
1000 shares,
#100 each.
May hold real
estate, &c.
No shares issu-
ed under par.
Location to be
filed within one
year.
1851. -Chap. 139—140. G41
railroad shall not be constructed within three years from Constructed
the passage of this act, then the same shall be void. ^arsV ""
Sect. 5. The said Stoneham Branch Railroad Compa-
ny may enter and unite their railroad with the Boston and May enter and
Maine Railroad Company's Branch Railroad, at the point u"ltc
of intersection therewith mentioned in the second section,
or with the Boston and Lowell Railroad, as may be deter-
mined by the said corporators, but neither company shall
have the right to run their cars or engines on the road of
the other, but on conditions and terms mutually agreed
upon by the parties, or prescribed by the Legislature.
Sect. G. The said corporation are hereby authorized May transfer
t n /• ii .i ■ -l* • their property
and empowered to transfer all their property, rights, pnv- and franchise,
ileges, and franchise, under their charter, to the Boston and &c-
Maine Railroad Company, or to the Boston and Lowell Rail-
road Company, as the corporators of the said branch may
determine; and the Boston and Maine Railroad Corporation,
or the Boston and Lowell Railroad Corporation in the al-
ternative, are hereby authorized to take, receive and hold other roads au-
3 . . r ,i l tlionzed to re-
the same, whenever three-quarters in interest, ot me stock- ceive the same.
holders of the different corporations respectively, shall elect
so to do, and for this purpose the Boston and Maine Rail- ^ostoni?m| ,
' r. *■ ■ ■] ,i Maine Railroad
road Corporation may increase their capital stock by new may ;licrcase
shares to an amount not exceeding one hundred thousand gygj^
dollars; and the Boston and Lowell Railroad Corporation,
in the alternative of the corporators electing to run on to the J*osto° j"1'1
Boston and Lowell Railroad, may increase their capital roadmayhi"
stock by new shares to an amount not exceeding fifty ereaseeapitai
thousand dollars, and no share shall be issued for less than ^0 ^nares issu.
its par value of one hundred dollars. ed under par.
Sect. 7. The construction of the said road shall not be
commenced until the capital named in the charter shall Construction
l . , not commenced
have been subscribed by responsible parties, and twenty tm capital is
per cent, paid into the treasury of the said company, and a subscribed,
certificate of the same, signed and sworn to by the presi-
dent and a majority of the directors, shall be filed in the
office of the secretary of state. [Approved by the Gov-
ernor, May 15, 1851.]
An Act to incorporate the Berkshire County Mutual Life Insurance Chap 140.
Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. George N. Briggs, James E. Marshall, Theo- Corporators.
dore Pomeroy, George W. Platner, Phineas Allen, Jr., Z.
Marshall Crane, James D. Colt, 2d, George J. Tucker, Ben-
GA2
185 1. —Chap. 140,
Name.
Purpose,
Powers, &c.
R. S. ch. 41.
Shall be a guar-
antee capital
stock of
$ 100,000.
Half of same to
be paid before
commencing
operations.
The other half
when called for
by directors.
Stock pledged
for assessments.
At first meeting
twelve directors
shall be chosen :
Term of office.
Number of di-
rectors twelve.
One half to be
elected by the
guarantee stock
subscribers, &c.
Directors shall
be stockholders
or assured.
When dividend
of seven per
cent, may be
made.
Back dividends
may be made
good.
How funds
shall be invest-
ed.
jamin P. Johnson, Daniel B. Fenn, J. C. Goodrich, Henry
L. Sabin, John C. Russell, and William F. Filley, their as-
sociates and successors, are hereby made a corporation, by
the name of the Berkshire County Mutual Life Insurance
Company, to be located in the town of Pittsfield, for the
purpose of making insurance on lives ; with all the powers
and privileges, and subject to all the duties, liabilities and
restrictions, set forth in the forty-fourth chapter of the Re-
vised Statutes.
Sect. 2. There shall be an original guarantee capital
stock subscribed to the said corporation, which shall be one
hundred thousand dollars, to be divided into shares by
the corporation, half of which shall be paid in, in money,
before the said corporation shall go into operation for the
purpose of making insurance ; the other half of the said
stock may be called for by the directors, from time to time,
when they deem it necessary or expedient, and shall be
paid in by the holders of the stock, which shall always
stand pledged to the corporation for all such assessments so
called for.
Sect. 3. At the first meeting of the corporation, a
number of directors, not less than twelve, shall be chosen
by the subscribers to the guarantee stock, who shall hold
their offices for one year, and until others shall be chosen in
their stead; at all subsequent elections of directors, the num-
ber shall be such as may have been provided for by a previ-
ous vote of the directors, or by-law of the corporation ; and
in case of no provision on this subject, the number shall be
the same as at the first election, one half of whom shall be
elected by the subscribers to the guarantee stock, and the
other half by the assured, not being holders of the guaran-
tee stock, voting in separate bodies ; the directors shall all
be either stockholders or assured, and on ceasing to be
such, shall cease to hold the said office.
Sect. 4. Whenever the net surplus receipts of the said
corporation, over the losses and expenses, and after provid-
ing for risks, shall be sufficient for the purpose, the stock-
holders shall be entitled to an annual dividend of seven per
cent., or to such less dividend as may be agreed on at the
time of subscribing for the stock ; and in case of such div-
idend not being made in any one year, it shall be made
good at a subsequent period, when the net resources of the
company shall be sufficient for paying the same.
Sect. 5. The funds of the said corporation shall be in-
vested in such purchases and loans as are permitted to sav-
ings banks, in the seventy-eighth and seventy-ninth sec-
tions of the thirty-sixth chapter of the Revised Statutes,
1851. Chap. 140—141. 643
and in the forty-fourth chapter of the acts of the year one
thousand eight hundred and forty-one. The said company
may hold real estate to the amount often thousand dollars, May hold real
for the purpose of securing suitable offices for the institu- cslalc' #10>000-
tion.
Sect. 6. After providing for risks, losses, incidental ex- Provision for
penses, and dividends, as aforesaid, the directors shall set 0fethe guarantee
apart one quarter of the estimated surplus funds and re- stock-
ceipts as a reserved fund, to be applied to the redemption
of the guarantee stock ; and whenever, after the expiration
of ten years from the time of organizing the company, the
amount of such fund shall be sufficient for the purpose, and
the assured shall vote to redeem the said guarantee stock,
the same shall be redeemed.
Sect. 7. Upon the redemption and extinction of the Upon the re-
guarantee stock, under the provisions of the sixth section, guarantee0'
the directors shall be chosen by the assured. stock, directors
Sect. 8. At the expiration of every five years from the assured.7
time of the organization of the company, the remaining
three-quarters of the estimated surplus funds and receipts How balance
shall be reimbursed to and among the assured, in propor- shai)1 bPJUdiip"s-S
tion to the whole amount of premiums paid during the pre- ed of.
ceding five years.
Sect. 9. The said corporation shall on the third Mon- Company shall
day of January, in each year, pay over to the trustees of Su^d^ne"6
the Massachusetts General Hospital, one-third of the net profits to Mass.
/.../. i-iini • r Gen. Hosp.tal.
profits, if any, which shall have arisen from insurance on
lives, made during the preceding year. [Approved by the
Governor , May 15, 1851.]
An Act for the Protection of the Harbor of Beverly. Chop 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 :
Any person who shall take, carry away, or remove, by Removal of
land or water, any stones, gravel or sand, from the point &c?ffrom
called Tuck's Point, in the town of Beverly, between the ^-^Point
present travelled road and the easterly line of Union wharf
to the land of Joseph Silver, inclusive, shall, for each
offence, forfeit a sum not exceeding twenty dollars, to be Penalty, &c.
recovered by complaint or indictment, in any court of com-
petent jurisdiction. [Approved by the Governor, May 15,
1851. J
644
185L-
-Chap, 143—144".
Chap 142.
Shall be called
the Congrega-
tional [Society
in Groveland.
When to take
effect.
An Act to change the Name of the Second Parish in Bradford.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Second Parish in Bradford shall be known
and called by the name of the Congregational Society in
Groveland, and as such shall hold and possess all the prop-
erty, and be entitled to all the rights and privileges, and
subject to all the liabilities, of the said Second Parish in
Bradford.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 15, 1851.]
Chan 143. ^n ^ct concerning Goats going at large on the Island of Martha's Vine-
" yard.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
All goats found going at large on the island of Martha's
Vineyard, on and after the last day of November next,
shall be deemed in law and taken to be animals of a wild
nature, and the same may be treated by any person accord-
ingly. [Approved by the Governor, May 15, 1851.]
To be deemed
wild.
Chap 144.
Corporators.
Purpose.
Powers, &c.
R. S. ch. 38, 44.
Capital not ex-
ceeding
^1,000,000.
No shares
issued at less
than par.
An Act to incorporate the Union Sugar Works.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. David A. Neal. John E. Thayer, H. H. Hun-
newell. their associates and successors, are hereby made a
corporation, by the name of the Union Sugar Works, for
the purpose of manufacturing and refining sugar, in the
city of Boston, in the 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.
Sect. 2. The said corporation may hold real and per-
sonal estate, necessary and convenient for the purposes
aforesaid, not exceeding in amount one million dollars.
Sect. 3. No shares in the capital stock of said corpora-
tion shall be issued for a less sum or amount than the par
value of the shares which shall first be issued. [Approved
by the Governor, May 15, 1851.]
1851.- Chap. 145—147. G45
An Act in addition to "An Act to incorporate the Middlesex Mutual Chan 145.
Fire Insurance Company."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. The Middlesex Mutual Fire Insurance Com- in regard to
pany is authorized and empowered to take and receive, on ca^h premium'
the issuing of every policy of insurance, such part of the
deposit note, or such cash premium as the directors of the
said company shall deem expedient.
Sect. 2. Such part of the fifth section of the said act, Repeal of in-
to which this is in addition, as is inconsistent with the visions?'1 F°
provisions of this act, is hereby repealed. [Approved by
the Governor, May 15, 1851.]
An Act to incorporate the Proprietors of the Second Congregational Chap 146.
Society in Marblehead.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
David Blaney, John Adams, George Cloutman, their Corporators,
associates and successors, are hereby made a corporation,
by the name of the Proprietors of the Second Congrega- Name.
tional Society in Marblehead, with all the powers and
privileges, and subject to all the duties, restrictions and Powers, duties,
liabilities, set forth in the twentieth and forty-fourth chap- r.cs. eh. 20, 44.
ters of the Revised Statutes, with power to tax pews ac- Power to tax
pews.
cording to the provisions of " an act relating to religious
societies," passed March twenty-fifth, in the year one thou-
sand eight hundred and forty-five. [Approved by the Gov-
ernor, May 15, 1851.]
An Act concerning Effects of Passengers transported by Railroad Cor- Chan 147.
porations and other Common Carriers. *
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Every railroad corporation, and the proprietors a list of trunks,
of every steamboat in this Commonwealth, engaged in the *rtS^^ceia
transportation of passengers, shall, once in every six months, six months.
on the first Monday of January and of July in each year,
publish a descriptive list of all trunks, carpet bags, valises,
parcels, and passengers' effects whatsoever, which may at
any time have been left, and shall on such day remain un-
claimed at any passenger station or office, or otherwise in
the possession of such corporation, or proprietors, or their
agents, the said list to indicate all such specific marks as
646
1851.-
-Chap. 147.
In what news-
papers.
Notice to be
given to city
and town au-
thorities of un-
claimed bag-
gage and same
may be sold,
&c.
Proceeds paid
to treasurer of
Commonwealth.
Damages and
penalty of $100
for neglect to
advertise, &c.
In case of ac-
tion, plaintiff
may put in evi-
dence a descrip-
tive list, sworn
to, &.C.
may serve to identify the same. And the said publication
to be made in one newspaper, at least, in every county of
the Commonwealth in which such railroad corporation or
steamboat proprietors may have a passenger station or
office.
Sect. 2. If, at the expiration of six months after such
advertisement as aforesaid, any of the articles so advertised
shall still remain unclaimed, then the railroad corporation or
steamboat proprietors, in whose possession they may be,
shall give notice to the mayor and aldermen of the city, or
the selectmen of the town, in which, respectively, such
articles may be ; and the said mayor and aldermen, or se-
lectmen, shall cause the said articles to be examined, and
may either order them to be sold at public auction, first
advertising them in manner and place as aforesaid, or may,
in their discretion, order the said articles, or any of them,
to be again advertised, and to remain another six months
before being sold.
Sect. 3. The proceeds of all articles thus sold, after
deducting costs of storage, advertising, and other expenses,
due to the railroad corporation or steamboat proprietors
aforesaid, and also the costs of the said examination and
sale, shall be paid over to the treasurer of the Common-
wealth for the use of the same.
Sect. 4. If any such railroad corporation or steamboat
proprietors shall neglect or omit so to advertise and cause
to be examined any such passengers' effects, left as afore-
said, such corporation and proprietors, respectively, shall be
subject to an action for damages on the part of any person
aggrieved thereby, and shall also be subject to a penalty of
one hundred dollars for each and every case of neglect or
omission, to be recovered by process in any competent
court, and to enure one half to the complainant, and the
other half to the county in which the case occurs.
Sect. 5. Whenever an action shall be brought by a
passenger against any railroad corporation, steamboat pro-
prietors, or other common carrier, to recover damages for
any trunk, carpet bag, valise, or other parcel, missing, lost,
damaged or destroyed, or for the contents thereof, and
when the plaintiff shall, at the trial of such action, have
made proof of the bailment of the said trunk, carpet bag,
valise or other parcel, to such railroad corporation, steam-
boat proprietor, or other common carrier, or their agents,
and of the subsequent loss, destruction or damage of the
same, or of the contents thereof, by the fault of such car-
rier, or of the agents of such carrier, then the plaintiff
shall be allowed to put in evidence in the case, a descrip-
1851. Chap. 147—149. 647
live list, sworn to by him, of so much of the contents of
such trunk, carpet bag, valise, or other parcel, as may con-
sist of convenient wearing apparel, and other travelling
equipage of the party : provided, that in such case, the de- Proviso.
fendant in the action may interrogate the plaintiff as to the
contents of such trunk, carpet bag, valise, or other parcel,
and the value thereof: and provided further, that the testi- Furtherpro-
mony of the plaintiff, when so received, shall be subject to us0'
the same exception of law, in other respects, as that of any
other witness. [Approved by the Governor, May 15, 1851.]
An Act to incorporate the Union Mutual Marine Insurance Company. Ch(W 148
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Thomas S. Hathaway, Jonathan Bourne, Jr., Corporators.
Charles L. Wood, their associates and successors, are here-
by made a corporation, by the name of the Union Mutual Name.
Marine Insurance Company, to be established in the city
of New Bedford, for the purpose of making maritime loans Purpose.
and insurance against maritime losses, on the principle of
a mutual insurance company, and for this purpose shall
have all the powers and privileges, and be subject to all the Powers &c,
, . ^ .r. , ,\ .... P . r ., . J ., ... . R. S. ch.37aud
duties, restrictions and liabilities, set forth in the thirty- 44.
seventh and forty-fourth chapters of the Revised Statutes,
so far as the same are applicable to the corporation hereby
created, to continue for the term of ten years. Term, 10 years.
Sect. 2. No policy shall be issued until the sum of When policies
fifty thousand dollars shall have been subscribed, and no may
division of any funds or profits shall be made to the sub- No division of
' 11 • • r 1 • 1 funds or prohls
scribers, or stockholders, until the expiration 01 their char- until expiration
ter ; but such funds or profits shall be invested in such se- of charlt'r-
curities and stocks as are required by law, of insurance
companies now incorporated.
Sect. 3. The said corporation may hold real estate to May hold 510,.
the amount of ten thousand dollars. talem rca Cb*
Sect. 4. The said corporation shall be restricted to an Restricted to
amount not exceeding five thousand dollars on any one vf^l %%qq'
risk until its funds or invested capital shall reach the sum until, &c.
of one hundred thousand dollars. [Approved by the Gover-
nor, May 15, 1851.]
An Act concerning the First Parish in Marshfield. Chap 149.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The trustees of the ministerial fund in the first parish in
83
648
1851. Chap. 149—151.
Trustees may
invest part of
the fund.
Proviso.
Chap 150.
In Stoneham.
Chap 151.
Same as of per-
sonal property.
Accessory same
as personal.
Jurisdiction
same.
From one or
more tenants.
Marshfield are hereby authorized and empowered to invest
a part of the said fund, not exceeding the sum of two thousand
dollars, in real estate, in such manner as shall be directed by
vote of the said parish ; provided, always, that such real
estate shall be used, preserved, and appropriated as a part of
the said fund. [Approved by the Governor, May 15, 1851.]
An Act to establish a Fire Department in the town of Stoneham.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
A fire department is hereby established in the town of
Stoneham, 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 hun-
dred and thirty-nine. [Approved by the Governor, May
15, 1851.]
An Act concerning Larceny of Real Property.
BE it enacted by the Senate and House of Represe7ita-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Whoever by a trespass, with intent to steal,
shall take and carry away anything which is parcel of the
realty or annexed thereto, the property of another of some
value, against his will, shall be guilty of such simple or
aggravated larceny, as he would be guilty of if such prop-
erty were personal property.
Sect. 2. Any person may become an accessory before
or after the fact to such larceny, or a receiver of the prop-
erty stolen, in the manner in which he would become such
if the property stolen were personal, and shall be punished
in the same manner.
Sect. 3. Such courts and justices shall have jurisdic-
tion of such simple or aggravated larcenies, and of the
offence of being accessory before and after the fact, to the
same, or receiver of the property stolen, or any of the same,
as would have jurisdiction, if the property so stolen were
personal property.
Sect. 4. The stealing of such real property may be a
larceny from any one or more tenants, sole, joint or in com-
mon, in fee for life or years, at will or sufferance, mortga-
gors or mortgagees, in possession of the same, or who may
have, at the time of the larceny, an action of trespass
against (he offender, for a trespass at the same time upon
the same, but not from one having only the use or custody
1851. Chap. 151—152. 649
of the same. The larceny may be from a wife in posses-
sion, where she is authorized by law to hold such property
as if sole, otherwise her occupation may be the possession
of the husband.
Where property, which was of a person deceased, is Of a person de-
stolen, it may be a larceny from any one or more heirs, de- cease •
visees, reversioners, remainder men or others, having a
right upon such decease to take possession, but not having
entered, as it would be after entry.
The larceny may be from a person unknown, when it Fromapenon
would be such if the property stolen were personal.
Sect. 5. Such larceny cannot be committed by one Against whom
against whom no action of trespass could be maintained' for ^aimainecL
acts like those constituting the larceny, but may be com-
mitted by those having only the use or custody.
Sect. 6. Nothing in this act shall prevent any civil shall not pre-
action, which might have been maintained if the same had vent cmi action,
never been enacted. [Approved by the Governor, May 15,
1851.]
An Act to incorporate the Roxbury Athenaeum. Chap 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 :
Sect. 1. Henry Bartlett, Charles K. Dillaway, S. Park- Corporators,
man Blake, their associates and successors, are hereby made
a corporation, by the name of the Roxbury Athenaeum,
with all the powers and privileges, and subject to all the
duties, liabilities and restrictions, set forth in the forty- Duties, &c,
fourth chapter of the Revised Statutes, with power to hold May\otdh£56r
real and personal estate, not exceeding the sum of fifty ooo personal
thousand dollars, to be appropriated exclusively to literary an
and scientific purposes.
Sect. 2. The proprietors of the Roxbury Athenaeum, Proprietors of
an institution heretofore organized under and by virtue of j^*mmay bl-
the forty-first chapter of the Revised Statutes, as a corpo- come members
ration for literary and scientific purposes, shall, upon the °ion"? &c.°rp°ra"
acceptance of this act as hereinafter provided, be and be-
come members of the corporation hereby created and estab-
lished ; and each certificate of a share in the said former
corporation shall constitute the title and evidence of a
share in the corporation hereby created and established,
unless otherwise ordered by the said last named corpora-
tion.
Sect. 3. This act shall not take effect until it shall be when to take
accepted by a vote of a majority of the proprietors of the
said Athenaeum, as now existing, who shall be present at a
650 1851. -Chap. 152—154.
meeting to be regularly called at the time and in the man-
ner provided by the present by-laws of the said Atheneeum
for the annual meeting thereof, the notice of which meet-
ing shall state, in addition to its usual form, that this act
is to be submitted to the said proprietors for their action
Act when ac- thereupon j and until such acceptance, the said Atheneeum
C?acedof°former sna^ continue a corporation as at present organized ; and it
corporation. is hereby fully sanctioned and affirmed, to all interests and
purposes, as if this act had not been passed. And when-
ever this act shall be accepted by a vote of a majority of
the proprietors of the said Athenaeum, present at a meeting
called for that purpose, the corporation hereby created and
established shall wholly take the place of the said former
institution, and shall succeed to all its rights, interests,
property, obligations and liabilities. [Approved by the
Governor, May 15, 1S51.J
CJlflT) 153. -^n ^c^ *n Edition to an Act to incorporate the First Evangelical Con-
" ' gregational Society in Uxbridge.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The First Evangelical Congregational Socie-
Authorizedto ty in Uxbridge, are hereby authorized to assess upon the
assess on pews, pews 0f their meeting house such sums of money as they
shall hereafter vote to raise for the support of public wor-
ship, for other parochial charges, and for the repairs of their
meeting house ; and all such assessments may be collected
in the manner provided by the thirty-second, thirty-third,
and thirty-fourth sections of the twentieth chapter of the
Revised Statutes.
When to take Sect. 2. This act shall take effect from and after its
effect. passage. [Approved by the Governor, May 15, 1851.]
Chart 154 J^n ^c^ concerrung the East Hampshire Agricultural Society.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The East Hampshire Agricultural Society, in
Change of the county of Hampshire, shall, after the passing of this
name. act? be called ailj known by the name of the Hampshire
Agricultural Society.
Shall be entitled Sect. 2. The said society shall be entitled, on the
^ same terms, same terms as other incorporated agricultural societies, to
agricultural so- receive annually, out of the treasury of the Commonwealth,
such sum as any other agricultural society may receive, un-
der the provisions of chapter forty-two of the Revised
cieties.
1851. Chap. 154—156. 651
Statutes, notwithstanding the restrictions of section seven
of that chapter. [Approved by the Governor, May 15,
1851.]
An Act to authorize the Saugus Branch Railroad to extend the same. Chap 155.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Saugus Branch Railroad Company is
hereby authorized to extend its railroad from Sweetser's Location.
Mills, in the town of Saugus, to Flax Pond, in the city of
Lynn : provided, however, that the said railroad in its ex- Proviso.
tension shall not be permitted to cross the Salem turnpike.
Sect. 2. The said railroad corporation, in the extension
of the said road through the limits aforenamed, shall be Privileges, &c.
entitled to all the privileges and benefits, and be subject to
all the liabilities that are provided in the act or acts to
which this is additional.
Sect. 3. The said railroad corporation is hereby au-
thorized, for the purpose above mentioned, to increase its May increase
capital stock by the amount of four hundred shares ; and 400sharesC; at
no shares shall be issued under this act, or the act to which not less than
this is additional, for a less sum or amount, to be actually
paid in on each, than one hundred dollars a share.
Sect. 4. In case the location of the extension above Location must
mentioned shall not be filed according to law within one oneyear^and
year from the passage of this act. or in case the said exten- f°ad completed
J . in t , t ill i- in two years.
sion shall not be completed and built within two years
from the same time, this act shall be null and void.
Sect. 5. The said corporation shall not commence the Sha11 not con>-
,, . , x , ,, c ., -~ mence, until,
construction ot its road, or any part thereof, until a certin- &c.
cate shall have been filed in the office of the secretary of
the Commonwealth, subscribed and sworn to by the presi-
dent of the said company, and a majority of the directors
thereof, stating that all of the stock named in its respective
charters has been subscribed for by responsible parties,
and that twenty per cent, of the par value of each and
every share thereof has been actually paid into the treasury
of the company. [Approved by the Governor, May 15,
1851.]
An Act relating to Shop Breaking1 and Aggravated Larceny. Clia)) 156
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Every person who shall break and enter, in Punishment,
the night time, any building, with intent to commit the n,ehttime»
652
1851.-
-Chap. 156—158.
state prison,
twenty years.
Day time.
State prison ten
years.
Day time, with-
out alarm.
State prison
five years, or
fine #300.
Larceny, five
years, or #500.
crime of murder, rape, robbery, larceny, or any other felo-
ny, shall be punished by imprisonment in the state prison
not more than twenty years.
Sect. 2. Every person who shall enter, in the night
time, without breaking, or shall break and enter, in the
day time, any building, with intent to commit the crime
of murder, rape, robbery, larceny, or any other felony, the
owner or any other person lawfully therein being put in
fear, shall be punished by imprisonment in the state prison
not more than ten years.
Sect. 3. Every person who shall break and enter, in
the day time, any building, with intent to commit the crime
of murder, rape, robbery, larceny, or any other felony, no
person lawfully therein being put in fear, shall be pun-
ished by imprisonment in the state prison not more than five
years, or by fine not exceeding five hundred dollars, and
imprisonment in the county jail not more than two years.
Sect. 4. Every person who shall commit the offence
of larceny, by stealing in any building, shall be punished
by imprisonment in the state prison not more than five
years, or by fine not exceeding five hundred dollars, or
imprisonment in the house of correction or county jail not
exceeding three years. [Approved by the Governor, May
15, 1851.]
Chap 157.
Secretaries
shall give
bonds.
An Act relating to Mutual Fire 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 :
The secretaries of mutual fire insurance companies, in
this Commonwealth, shall give bonds, with sureties, in
such sum as the directors shall order, with condition faith-
fully to account for all moneys received by them for their
respective companies. [Approved by the Governor, May
15, 1851.]
Chap 158.
In case of disa-
bility, supreme
judicial court
may appoint
another.
An Act in relation to the Clerks of Courts.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever by reason of sickness, or any other
cause, the clerk of the courts in any county shall be una-
ble to discharge the duties of his office, the supreme judi-
cial court may appoint a clerk pro tempore, who shall per-
form the duties of clerk until the standing clerk shall
resume his office, or until another clerk shall be appointed
by the said court.
1851. Chap. 158—159. 653
Sect. 2. The said clerk pro tempore shall give bonds, Such clerk
and be sworn and paid as required by the Revised Statutes, boudsg'&c.
chapter eighty-eight.
Sect. 3. Whenever the standing clerk shall resume his When standing
office, he shall make a certificate of that fact, with the ^ s^' re"
date under his signature, in the then latest book of records
of each of the said courts. [Approved by the Governor,
May 15, 1851.]
An Act to incorporate the Worcester Gas Light Company. Chat) 159.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. John W. Lincoln, George T. Rice, Charles Corporators.
Thurber, their associates and successors, are hereby made
a corporation, by the name of the Worcester Gas Light Name.
Company, for the purpose of manufacturing and selling gas
in the city of Worcester, with all the powers and privi- Powers, &c.
leges, and subject to all the duties, restrictions and liabili- ' •C1-38'44-
ties, set forth in the thirty-eighth and forty-fourth chapters
of the Revised Statutes.
Sect. 2. The said corporation may hold such real and May hold need-
personal estate as may be necessary and convenient for SonaJ estate per"
the purpose aforesaid, not exceeding in value the sum of
two hundred thousand dollars.
Sect. 3. No shares in the capital stock of the said cor- No shares
poration shall be issued for a less sum or amount, to be Ihalfpar. es*
actually paid in on each, than the par value of the shares
which shall be first issued.
Sect. 4. The said corporation, with the consent of the Power, with
mayor and aldermen of the city of Worcester, shall have mayor' tof open
power and authority to open the ground in any part of the the ground for
streets, lanes and highways, in the said city, for the pur- p,pes'
pose of sinking 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 such
streets, lanes or highways, shall be held to put the same Held to put the
again into repair under the penalty of being prosecuted for same m repair
a nuisance : provided, that the said mayor and aldermen, Proviso.
for the time being, shall at all times have the power to
regulate, restrict and control the acts and doings of the
said corporation which may in any manner affect the health,
safety or convenience of the inhabitants of the said city.
Sect. 5. The corporation hereby created shall assume Shall assume
all the liabilities of the present proprietors of the gas light [Jep'ropriet^
works in Worcester, in relation to the making and selling of present gas
Of gas. works, &c.
654
1851.
-Chap. 159—160.
When to take
effect.
Sect. 6. This act shall take effect from and after its
passage. [Approved by the Governor, May 15, 1851.]
Chap 160.
Corporators.
In Springfield.
Powers, &c.
R. S. eh. 44.
Guarantee capi-
tal stock of
#100,000.
Half be paid
prior to opera-
tions.
Other half be
called for by
directors, &c.
Not less than
eight directors.
Shall hold office
one year.
May determine
the number, not
less than seven.
In- case of no
provision eight
shall be the
number.
Half elected by
stockholders
and half by as-
sured, who must
be stockholders
or assured.
Net surplus
may be divided.
Dividend may
be seven per
cent, or less, as
may be agreed
upon at the
time of sub-
scribing.
If not made one
An Act to incorporate the Massachusetts Mutual Life Insurance Com-
pany.
BE it enacted by the Senate and House of Representa-
tives, hi General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Alexander H. Avery, James M. Thompson,
William Rice, their associates and successors, are hereby-
made a corporation, by the name of the Massachusetts
Mutual Life Insurance Company, in the town of Spring-
field, for the purpose of making insurance on lives, with
all the powers and privileges, and subject to all the duties,
liabilities and restrictions, set forth in the forty-fourth chap-
ter of the Revised Statutes.
Sect. 2. There shall be an original guarantee capital
stock subscribed to the said corporation, which shall be
one hundred thousand dollars, to be divided into shares by
the corporation, half of which shall be paid in, in money,
before the said corporation shall go into operation for the
purpose of making insurance, the other half of the said stock
may be called for by the directors, from time to time, when
they deem it necessary or expedient, and shall be paid in by
the holders of the stock, which shall always stand pledged
to the corporation for all such assessments so called for.
Sect. 3. At the first meeting of the corporation, a num-
ber of directors, not less than eight, shall be chosen by the
subscribers to the guarantee stock, who shall hold their
offices for one year, and until others shall be chosen in
their stead. At all subsequent elections of directors, the
number shall be such as may be provided for by a previous
vote of the directors, not less than seven, or by-law of the
corporation ; and in case of no provision on this subject,
the number shall be the same as at the first election, one
half of whom shall be elected by the stockholders, and
the other half by the assured members who are not holders
of guarantee stock voting in separate bodies ; the directors
shall all be either stockholders or assured, and on ceasing
to be such shall cease to hold the said office.
Sect. 4. Whenever the net surplus receipts of the cor-
poration, over the losses and expenses, and after providing for
risks, shall be sufficient for the purpose, the stockholders shall
be entitled to an annual dividend of seven per cent., or to
such less dividend as may be agreed upon at the time of
subscribing for the stock ; and in case such dividends shall
not be made in any one year it shall be made good at a
1851.— Chap. 160—161. 655
subsequent period, when the net resources of the company year may be
shall be sufficient for paying the same. scqucmly.
Sect. 5. The funds of the said corporation shall be Funds to be
invested in such purchases and loans as are permitted to savtn^banks
savings banks, in the seventy-eighth and seventy-ninth ft «• ch. 36,
sections of the thirty-sixth chapter of the Revised Statutes,
and in the forty-fourth chapter of the acts of the year one
thousand eight hundred and forty-one. The said company May hold real
u u l * * * * r * *i estate, % 10,000.
may hold real estate to an amount not exceeding ten thou- '
sand dollars, for the purpose of securing suitable offices for
the institution.
Sect. 6. After providing for risks, losses, incidental ex- One quarter of
penses and dividends as aforesaid, the directors shall set shaYiteset*8
apart one quarter of the estimated surplus funds and re- apart (or re-
ceipts as a reserved fund, to be applied to the redemption guarantee0
of the guarantee stock ; and whenever, after the expiration s.lock-
c p , /. c . . ' , 1 . AUer ten years
oi ten years from the time of organizing the company, the the guarantee
amount of such reserved fund shall be sufficient for the fun.d sha1' b®
, , Tin i , -i redeemed, if,
purpose, and the assured shall vote to redeem the said &c.
guarantee stock, the same shall be redeemed.
Sect. 7. Upon the redemption and extinguishment of The guarantee
the guarantee stock, under the provisions of the sixth sec- de^mecf'dfrec-
tion, the directors shall be chosen by the assured. tors chosen by
Sect. 8. At the expiration of every period of five years Every five
from the time of the organization of the company, the re- ^ears thre?
* quarters of
maining three quarters of the estimated surplus funds and surplus shall be
receipts shall be reimbursed to and among the assured, in Jheassured t0
proportion to the whole amount of premiums paid during
the preceding five years.
Sect. 9. The said corporation shall, on the third Mon- T,hiTrd Monday
, c T . x , ,, of January, one
day of January, in every year, pay over to the trustees of third of net
the Massachusetts General Hospital, one third of the net profits P£ld
£* • c i-i unu • c ■ over lo l rus"
profits, it any, which shall have arisen from insurance on tees of the
lives made during the preceding year. [Approved by the Generai'iios-8
Governor, May 15, 1851. J pitai.
An Act for the better Preservation of Municipal and other Records. Chap 161,
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. It shall be the duty of the county commis- County com,
/• ., . ... J „ missioners, city
sioners of the respective counties, the city government of governments
cities, and the selectmen of the several towns in this Com- and selectmen
, , shall have all
mon wealth, to have all books of public record or registry, public records,
belonging to such counties, cities or towns, respectively, IXrdoTu-
well and strongly bound, and other papers and documents ments, &c.,
duly filed and arranged in a careful and orderly manner dulyfiled*
84
656 1851. Chap. 161.
Shall provide convenient for examination and reference. They shall
fortafe keepC-S a-so provide, at the expense of the county, town or city, a
ing;&c. suitable place for the safe keeping and preservation of the
public records and other valuable documents, where they
shall be deposited and securely kept.
shall provide Sect. 2. It shall be the duty of the county commis-
worn'and0iinui- sinners of the respective counties, the city government of
lated records, cities, and the selectmen of the several towns of the Com-
shall have cop- ,. . , n , ., . ,
ies taken, &e. mon wealth, to provide for the particular security and pres-
ervation of all the records of their respective counties,
cities and towns ; and in cases where, from any cause, they
have or may become worn, mutilated or illegible, it shall
be their duty to have a fair copy of such records seasona-
bly taken by competent and skilful transcribers, at the
At whose ex- expense of the county, town or city, to be preserved in
Jrobe certified like manner as the originals, the same to be certified to be
ty clerk, &c. true copies from the originals by the clerk of such county,
city or town.
Each clerk, Sect. 3. It shall be the duty of each clerk or register
have sole cus'-*° °f any county, city or town in this Commonwealth, to
tody of ail keep all records and written documents in his sole custody,
records, &,c, -, - -, ~ ~ , J '
except upon and in no case, except upon summons in due form of law,
summons, &c. t0 have them, or cause or permit them to be removed or
Penalty, #10. taken away, under a penalty, for each offence, not exceed-
ing ten dollars.
ah records and Sect. 4. All county, city or town records and files
inspection.0 shall be open to public inspection, under the direction of
Carrying away, the officers having them in legal custody ; and any person
altering^ &c., wno shall be guilty of taking and carrying away any book
records docu- 0f record, paper or written document, or of defacing, alter-
ment, &c. pen- . -i • i i i ■
aity not exceed- mg or mutilating the same, by mark, erasure, cutting or
mg#50. otherwise, shall forfeit and pay a sum not exceeding fifty
Proviso. dollars, to the use of the Commonwealth: provided, that
any person may take copies of such records under the direc-
tion of the officer having the same in charge.
Records of an- Sect. 5. The legal custody of the books of record
cient proprietors i *i j a. c xi • •* c *
of townships and other documents or the ancient proprietors or town-
and common ships or of common lands within the cities or towns of
vested and held, this Commonwealth, in case such proprietors shall have
ceased to be a body corporate, shall, when not otherwise
legally disposed of or provided for by such proprietary
body before its dissolution, be vested and held to be in the
clerk, for the time being, of the city or town in which
such lands lie, if the same lie wholly in any one city or
town, otherwise in the clerk, for the time being, of the
city or town wherein is situated a larger portion of such
lands than in any other city or town ; and the said clerk
1851. Chap. 161—162. 657
may make and certify any copies of such records in the Copies, how
same manner as the clerk of the proprietors may have
done ; and it shall he the duty of the clerk of any city or City and totra
town to claim such proprietary records and papers, and suc'hrecoX*1
any person unlawfully holding the same, who shall refuse, &c.
upon such demand, to surrender them, shall be punished ^jjj'jj,
by a fine not exceeding fifty dollars. exceeding 550.
Sect. 6. The commissioners of any county, the mayor city, county
and aldermen of any city, or the selectmen or overseers of fnaorit°elnmaay
the poor of any town in this Commonwealth, are hereby require 10 have
authorized, when the interests of such county, city or &£
town shall so require, to have copies taken for the use of
the said county, city or town, by a skilful and competent
hand, at the expense of the said county, city or town, of
any original records, or parts of the same, or of any papers
or documents in the legal custody of any other county,
city or town, which copies shall be certified to be true Copies shall be
copies by the clerk of the county, city or town, from certlfied-
which they are taken, and shall be subject to the like con-
trol, care and regulations, as the other records and files of •
the county, city or town, for whose use they are taken.
Sect. 7. Any county, city or town neglecting or re- Refusal by any
fusing to fulfil the requirements of this act, or any one of ^"."'to comply,
them, shall forfeit and pay for each offence the sum of and penalty
twenty dollars. Any county, city or town clerk neglecting fa-ence/
or refusing to fulfil the requirements of this act, or any of
them, shall forfeit and pay for each offence the sum of ten
dollars.
Sect. 8. In case any church or religious society in When church
this Commonwealth shall be dissolved, or cease to have a shau be placed
legal existence, and the care of the records and registries in custody of
of such church or society shall not have been otherwise [0wns.&cC.ltieS'
provided for in due form of law, it shall be the duty of the
clerk of such church or society, or other person holding
such records and registries, to deliver them into the cus-
tody of the clerk of the city or town in which such church
or society was, who shall have authority to certify copies Certified copies
from the same, and in case of refusal to surrender the same pr0VI e or'
upon due notice and demand by such clerk, the offender Penalty for re-
shall pay a fine not exceeding fifty dollars. [Ajjproved by fusa1, &c-
the Governor, May 15, 1851. J
An Act providing for the appointment of Police Officers. Chop 162.
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 mayor and aldermen of the several cities and the
selectmen of the several towns in this Commonwealth may,
658
1851.-
-Chap. 162—163.
City and town
authorities may
appoint police
officers with
powers of con-
stables, except,
Shall hold office
during the
pleasure of said
authorities.
Chap 163.
Associates.
Purpose.
Guaranty capi-
tal, #o0,000 ;
one half paid
before opera-
tions, one half
when directors
call for it.
Stock pledged
for assessments.
Eight directors
first chosen.
Subsequent
Dumber provi-
ded for.
How chosen.
Annual divi
dend.
from time to time, appoint such police officers for their re-
spective cities and towns as they may judge necessary, with
all or any of the powers of constables except the power of
serving and executing any civil process ; and the said police
officers shall hold their offices during the pleasure of the may-
or and aldermen and selectmen by whom they are respect-
ively appointed. [Approved by the Governor, May 15, 1851.]
An Act to incorporate the Bay State Mutual Life Insurance Company.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Gardiner Dickinson, Austin Rice, Anson Shep-
ard, their associates and successors, are hereby made a
corporation, by the name of the Bay State Mutual Life In-
surance Company, in the town of Conway, for the purpose
of making insurance on lives, 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.
Sect. 2. There shall be an original guaranty capital
stock subscribed to the said corporation, which shall be fifty
thousand dollars, to be divided into shares by the corpora-
tion, half of which shall be paid in, in money, before the
said corporation shall go into operation for the purpose of
making insurance ; the other half of the said stock may be
called for by the directors, from time to time, when they
deem it necessary or expedient, and shall be paid in by the
holders of the stock, which shall always stand pledged to
the corporation for all such assessments so called for.
Sect. 3. At the first meeting of the corporation, a num-
ber of directors, not less than eight, shall be chosen by the
subscribers to the guaranty stock, who shall hold their
offices for one year, and until others shall be chosen in their
stead. At all subsequent elections of directors, the num-
ber shall be such as may be provided for by a previous vote
of the directors, not less than seven, or by-law of the cor-
poration ; and, in case of no provision on this subject, the
number shall be the same as at the first election, one half
of whom shall be elected by the stockholders, and the oth-
er half by the assured members who are not holders of
guaranty stock, voting in separate bodies. The directors
shall all be either stockholders or assured, and, on ceasing
to be such, shall cease to hold the said office.
Sect. 4. Whenever the net surplus receipts of the cor-
poration, over the losses and expenses and after providing
for risks, shall be sufficient for the purpose, the stockholders
shall be entitled to an annual dividend of seven per cent..
1851. Chap. 163—164. 659
or to such less dividend as may be agreed upon at the time
of subscribing for the stock; and, in case such dividend
shall not be made in any one year, it shall be made good at
a subsequent period, when the net resources of the company
shall be sufficient for paying the same.
Sect. 5. The funds of the said corporation shall be in- Funds, how in-
vested in stocks, such purchases and loans as are permitted to
savings banks in the seventy-eighth and seventy-ninth sec-
tions of the thirty-sixth chapter of the Revised Statutes,
and in the forty-fourth chapter of the acts of the year one
thousand eight hundred and forty-one. The said company
may hold real estate, to an amount not exceeding ten thou-
sand dollars, for the purpose of securing suitable offices for
the institution.
Sect. 6. After providing for risks, losses, incidental ex-
penses and dividends, as aforesaid, the directors shall set
apart one quarter of the estimated surplus funds and receipts
as a reserved fund, to be applied to the redemption of the Reserved fund,
guaranty stock ; and whenever, after the expiration of ten 07 guaranty011
years from the time of organizing the company, the amount stock-
of such reserved fund shall be sufficient for the purpose,
and the assured shall vote to redeem the said guaranty stock,
the same shall be redeemed.
Sect. 7. Upon the redemption and extinguishment of When directors
the guaranty stock, under the provisions of the sixth section, sU°ed" y as"
the directors shall be chosen by the assured.
Sect. 8. At the expiration of every period of five years
from the time of the organization of the company, the re-
maining three quarters of the estimated surplus funds and When and what
receipts shall be reimbursed to and among the assured, in bursedtothe
proportion to the whole amount of premiums paid during assUfed.
the preceding five years.
Sect. 9. The said corporation shall, on the third Mon-
day of January, in every year, pay over to the trustees of
the Massachusetts General Hospital one third of the net Massachusetts
profits, if any, which shall have arisen from insurance on p^"|era
lives made during the preceding year. [Approved by the
Governor, May 15, 1851.]
An Act to authorize William Humphrey, Jr., and Ebenezer S. Twisden Chap 164.
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 folloivs :
William Humphrey, Jr., and Ebenezer S. Twisden are
hereby authorized to extend their wharf, in Marblehead, Marhiehead.
twenty feet, retaining the present width thereof, and they
660
1851.-
■Chap. 164—167.
May receive
dockage, &tc.
Proviso.
Chap 165
Life insurance
companies to
pay a share of
profits to Mas-
sachusetts Gen^
eral Hospital.
shall have the right to lay vessels at the sides and end of
the said wharf, and to receive wharfage and dockage there-
for : provided, that the same shall not obstruct the safe an-
chorage of vessels in the harbor, and shall not interfere with
the legal rights of any person. [Approved by the Gover-
nor, May 15, 1851.]
An Act relating to Insurance on Lives.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Whenever any person or corporation shall be empowered
to make insurance on lives upon land, the right so to do shall
be deemed subject to the same obligations, for the payment
of a certain share of the profits accruing therefrom to the Mas-
sachusetts General Hospital, as are imposed on the Massa-
chusetts Hospital Life Insurance Company by the laws now
in force, unless express provision to the contrary shall be
made in the act or acts empowering such person or corpo-
ration to make such insurance on lives as aforesaid. [Ap-
proved by the Governor, May 15, 1851.]
Chap 166. An Act to authorize Payne G. Atwood and others to extend their Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Payne G. Atwood, owner of three fourths, and
the members of the Central Trading Company, a mercan-
tile partnership, owners of one fourth, of a wharf in Well-
fleet, situated near the head of Mayo's Beach, and known
as Payne G. Atwood's wharf, are hereby authorized, to ex-
tend and maintain the same to the channel in the harbor of
Wellfleet, and they shall have the right to lay vessels at the
end and sides of the said wharf, and to receive dockage
and wharfage therefor : provided, that this grant shall in no
wise impair the legal rights of any person.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 15, 1851.]
Wellfleet.
May receive
dockage, &c.
Proviso.
When to take
effect.
Chap 167.
When wards
are divided, its
officers shall
An Act concerning Vacancies in Ward Offices.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. At the first election held after a new division
of wards, in any city in this Commonwealth, the respective
continue to act ward officers chosen under the preceding organization shall
caf^rdTtiif"" officiate in the same numerical ward for which they were
1851. Chap. 167 — 16y. 661
chosen respectively, and shall continue to act there until others are eho-
others shall be chosen and qualified in their stead.
Sect. 2. All officers chosen at any meeting called by Officers elected
the mayor and aldermen of any city, after such new divis- shan holdon till
ion into wards, shall hold their offices until the next annual next annual
meeting, and until others shall be chosen and qualified in "'
their stead. [Approved by the Governor, May 15, 1851.]
An Act to incorporate the Massachusetts Universalist Home Missionary Chap 168.
Society.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Hosea Ballon, B. B. Mussey, A. Tompkins, their Corporators,
associates and successors, are hereby made a corporation, by
the name of the Massachusetts Universalist Home Missionary
Society, for the purpose of giving and disseminating relig- Purpose,
ious instruction, with all the powers and privileges, and
subject to all the duties, liabilities and restrictions, set forth Duties, &c. R.
in the forty-fourth chapter of the Revised Statutes.
Sect. 2. The said corporation may hold real estate to May hold
the amount of twenty thousand dollars, and personal estate ^'#25000
to an amount not exceeding twenty-five thousand dollars, personal estate.
to be devoted exclusively to the purposes of religious and
moral instruction and improvement. [Approved by the
Governor, May 17, 1851.]
An Act to increase the Capital Stock of the Bank of Commerce. Chap 169.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Bank of Commerce, in Boston, are hereby authorized to
increase their present capital stock by an addition thereto Addition,
of seven hundred and fifty thousand dollars, in shares of #750>000-
one hundred dollars each, which shall be paid in such in-
stalments as the president and directors of the said bank
may determine : provided, that the whole amount shall be Proviso.
paid in on or before the last day of April, in the year one
thousand eight hundred and fifty-two.
Sect. 2. The additional stock aforesaid, when paid into Additional
the said bank, shall be subject to the like tax, regulations, ^k&sc"bjecl t0
restrictions and provisions to which the present capital stock
of said corporation is now subject.
Sect. 3. Before the said corporation shall proceed to do Certificate, to be
business on the said additional capital, a certificate, signed Sr^oVcom-
by the president and directors, and attested by the cashier monwealtii.
662 1851. -Chap. 169—171.
under oath, that the same has been actually paid into the
said bank, shall be returned into the office of the secretary
of the Commonwealth.
When to take Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 17, 1851.]
Chap 170. A" ^ct to aU°w Corporations to be represented in the Election of Officers
" of Mutual Fire 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 :
Sect. 1. The directors of every corporation, which shall
become a member of any mutual fire insurance company in
this Commonwealth, may by vote appoint some one or
more of the officers or stockholders of such corporation to
represent the same in all the meetings of such mutual fire
t insurance company, and in the transaction of all business
therewith ; and such representative or representatives shall
be entitled to vote in all the meetings of such mutual fire
insurance company, and shall be eligible to the office of
director in such company.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 17, 1851.]
Chat) 171 ^n ^c^ to ^corporate tne German Mutual 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 :
Corporators. Sect. 1. Charles F. Hoffendahl, Joseph Birnstill, John
M. Schroeder, their associates and successors, are hereby
Purposes. made a corporation, by the name of the German Mutual
Society, for purposes of mutual assistance and instruction,
and for the promotion of knowledge in German literature,
by the establishment and maintenance of a library, and the
employment of other means of education, with all the
Powers, &c. R. powers and privileges, and subject to all the duties, restric-
SLch. 41 and tjons an(j liabilities, set forth in the forty-first and forty-
fourth chapters of the Revised Statutes.
May hold neces- Sect. 2. The said corporation may hold real and per-
^leediagsio- sonal estate, necessary and convenient for the purposes
wo. aforesaid, not exceeding in amount the sum of twenty
thousand dollars. [Approved by the Governor, May 17,
1851.]
1851. Chap. 172—173. 663
An Act to incorporate the Trustees of the Ilollis Institute, in Braintree. Chap 172.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Apollos Randall, Ezra Penniman, Joseph R. Corporators.
Frazier, and their successors, are hereby made a corpora-
tion, by the name of the Trustees of the Ilollis Institute, to
exercise all the powers and perform all the duties derived
to them under the will of the late John R. Hollis, with all
the rights and privileges, and subject to all the duties, lia- Powers, duties,
bilities and restrictions, set forth in the forty-fourth chapter 44c' ' C1"
of the Revised Statutes, and by this act, not inconsistent
with the said will, and the possession, control and manage-
ment of the fund and estate bequeathed by the said will
of John R. Hollis to the South Parish of Braintree, in the
corporate name of the trustees.
Sect. 2. The fund and estate devised by the said will The fund and
to the said South Parish of Braintree, for the purposes of shall be Entitled
education, under the direction of the said trustees and their to all rights, &c.
successors, shall be entitled to all the rights, privileges and s. "
exemptions contained in the fifth section of the se/enth
chapter of the Revised Statutes, in relation to the property
of literary, benevolent and charitable institutions.
Sect. 3. The said trustees and their successors may Trustees may
purchase and hold real estate to the value of twenty-five Cold real estate
thousand dollars, and personal estate to the value of fifty #25,000, arid
thousand dollars, to be applied to purposes of education. Soojbjr educa-
Sect. 4. This act shall take effect from and after its t''!1,fll purposes,
passage. [Approved by the Governor, May 17, 1S51.] effect.
An Act relating to the Fund of the Sixth School District in Weymouth. Chan 173.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The selectmen of the town of Weymouth are Selectmen of
hereby authorized to direct the trustee of the fund of the ly™ou!|\
3 . authorized to
sixth school district in that town, bequeathed by the will direct the tras-
of Lois Pratt, to expend, from time to time, so much of the school fundf'to
income of the said fund, for the purpose of repairs and im- expend a part
provements of the schoolhouse built from the income of cifiedpurposes,"
the said fund, and also for purchasing such apparatus lor
the use of the schools of the said district, as in their judg-
ment may be expedient.
Sect. 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 17, 1851.] effect-
85
664 185L-— -Chap. 174—176.
Chap 174. An Act to incorporate the Merrimack Insurance 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 :
Corporators. Sect. 1. Edward S. Moseley, Micajah Lunt, John
Wood, their associates and successors, are hereby made a
corporation, by the name of the Merrimack Insurance Corn-
Term, 20 years, pany, in the town of Newburyport, for the term of twenty
Purpose. years from the passing of this act, for the purpose of making
maritime loans, and insurance against maritime losses and
Powers, &c R. losses by fire, with all the powers and privileges, and sub-
s.ch. 37 and ject t0 a\\ tfie duties, restrictions and liabilities, set forth in
the thirty-seventh and forty-fourth chapters of the Revised
Statutes, and in all acts subsequently passed relating to in-
surance companies.
May hold real Sect. 2. The said corporation may hold, for the use of
except afc-000' tne sa^ company, real estate not exceeding in value twenty
thousand dollars, excepting such as may be taken for debt,
or held as collateral security for money due to the said
company.
Capital stock, Sect. 3. The capital stock of the said company, exclu-
erofits'v&cf s*ve °f Premmm notes and profits arising from business,
8 100,000, with shall be one hundred thousand dollars, with liberty to
cr^e to poo,- increase the same to two hundred thousand dollars: pro-
vided, that one hundred thousand dollars shall be paid in
within two years from the passage of this act. [Approved
by the Governor, May 17, 1851.]
CJlOD 1 75 "^n "^c* *° aut'10"ze Thomas H. Kitfield to repair and maintain his Wharf.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Thomas H. Kitfield is hereby authorized to repair and
maintain his wharf, on Manchester River, in the town of
Manchester. Manchester and county of Essex, as the same is now con-
May receive structed, and he shall have the right to lay vessels thereat,
p°rovSo' &C' auc^ t0 receive wharfage and dockage therefor : provided,
that this grant shall in no wise impair the legal rights of
any person. [Approved by the Governor, May 17, 1851.]
Chap 176. -An Act to increase the Capital Stock of the Barnstable Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Addition, Sect. 1. The president, directors and company of the
ff 100 000
* Barnstable Bank, are hereby authorized to increase their
present capital stock, by an addition thereto of one hun-
000
Proviso.
1851. Chap. 176—177. 665
dred thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi- How paid in.
dent and directors of the said bank may determine : pro- Proviso,
vided, that the whole amount shall be paid in before the
first Monday in April, in the year one thousand eight hun-
dred and fifty-two.
Sect. 2. The additional stock aforesaid, when paid Addition sub-
into the said bank, shall be subject to the like tax, regula- ject t0 tax' &c>
lations, restrictions and provisions to which the present
capital stock is subject.
Sect. 3. Before the said bank shall proceed to do busi- Certificate to
ness upon such additional capital, a certificate, signed by s!cretaryof
the president and directors, and attested by the cashier, Commonwealth,
under oath, that the same has been actually paid into the
said bank, shall be returned into the office of the secretary
of the Commonwealth.
Sect. 4. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 20, 1851. J
An Act to incorporate the Mariners Mutual Marine Insurance Company. Chap 177.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Henry Crocker, Adolphus Davis, Aaron Rice Corporators,
and Zenas D. Basset, their associates and successors, are
hereby made a corporation, by the name of the Mariners
Mutual Marine Insurance Company, in the city of Boston,
for the term of twenty years, for the purpose of insurance Term, 20 years,
against maritime losses, on the principle of a mutual insur-
ance company, and for this purpose shall have all the Purpose,
powers and privileges, and be subject to all the duties, r° se ch.Vrj 44,
restrictions and liabilities, set forth in the thirty-seventh &c-
and forty-fourth chapters of the Revised Statutes, and all
statutes subsequently passed relating to mutual insurance
companies, so far as the same are applicable to the corpo-
ration hereby created.
Sect. 2. No policy shall be issued until applications No policy
* • « issued Ulitll
shall have been made for marine insurance to the amount &c.
of one hundred thousand dollars ; and no division of any No division of
funds, received by or remaining in the hands of the said ^" s '
company, shall be made among the stockholders thereof,
until the expiration of their charter, but such funds shall
be invested in the manner now authorized by law. [Ap-
proved by the Governor, May 20, 1851.]
666 1851. Chap. 178.
Chap 178. An Act in addition to an Act for establishing an Academy in the Town
of Framingham, by the name of Framingham Academy.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Trustees may Sect. 1. The trustees of Framingham Academy are
habliants0pf"the hereby authorized to convey to the inhabitants of the town
town ail their 0f Framingham, all the property, real, personal and mixed,
now belonging to the said trustees, including all trust
funds, to have and to hold the same to the said inhabitants
for the purposes expressed in this act, and the act to which
this is in addition.
Said inhabitants Sect. 2. The said inhabitants shall, within one year
maintaiif^uch a fr°m the passage of this act, establish and forever maintain,
school as, &c, upon the real estate so conveyed by the said trustees, such
# a school as is required in the fifth section of the twenty-
third chapter of the Revised Statutes of towns containing
four thousand inhabitants, and shall provide a master, who
shall be competent to instruct in any branches which shall
be necessary in preparing students for admission into any
college or university in New England.
Authorized to Sect. 3. The said inhabitants are hereby authorized to
comeof "funds, apply the net income of the property and funds conveyed
&c, to support t0 them by the said trustees to the support of such school,
of such school, , J . ,ii • i i • i
&c. so long as the same shall continue to be maintained m the
said town according to the- provisions of this act.
School commit- Sect. 4. The school committee of the said town of
have entire Framingham shall have the entire charge and control of
charge of said tjie saj(j school ; shall employ all necessary teachers and
school o&c. l j j
determine their salaries ; shall determine the number and
qualification of the scholars to be admitted into the school,
and shall exercise all the powers and perform all the du-
ties in relation to such school, which are by law required
May admit of them in relation to public schools ; and they may admit
oZ'Aowns, pupils from other towns to the privileges of the said school
&e- upon the payment, by such pupils, of such sum for tuition
as shall to the said committee seem just and reasonable,
and upon the same requirements, in other respects, that are
observed in the admission of pupils belonging to the said
town of Framingham.
The supreme Sect. 5. The supreme judicial court are hereby author-
iudicial court to • -, , , -■ ■, . ■ ■ , , . . . ,
determine all lz°d to hear and determine m equity all questions which
questions under may arjse by reason of this act, and to pass all such orders
and decrees as law and equity may require.
Town exempted Sect. G. So long as the said inhabitants shall substan-
bm^,a&c.a" tially comply with the requisitions of this act, the said
R. b. ch. 23, $ 5. town of Framingham shall be exempted from all liabilities
1851. Chap. 178—180. 667
under the fifth section of the twenty-third chapter of the
Revised Statutes of this Commonwealth.
Sect. 7. This act shall take effect so soon as the same when to take
shall have been accepted by the trustees of Framingham effeot"
Academy, and the inhabitants of the town of Framing-
ham. [Approved by the Governor, May 20, 1851.]
An Act to increase the Capital Stock of the Milford Bank. Chap 179.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the Addition,
Milford Bank, in Milford, are hereby authorized to increase ftahnents" ""
their present capital stock, by an addition thereto of fifty
thousand dollars, in shares of one hundred dollars each,
which shall be paid in such instalments as the president
and directors of said bank may determine : provided, that Proviso.
the whole amount shall be paid in, on or before the last
day of April, in the year one thousand eight hundred and
fifty-two.
Sect. 2. The additional stock aforesaid, when paid Addition, sub-
into the said bank, shall be subject to the like tax, regula- jec
tions, restrictions and provisions to which the present capi-
tal stock of the said corporation is now subject.
Sect. 3. Before the said corporation shall proceed to do Certificate to
business on said additional capital, a certificate, signed by Commonwealth.
the president and directors, and attested by the cashier,
under oath, that the same has been actually paid into the
said bank shall be returned into the office of the secretary
of the Commonwealth.
Sect. 4. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 20, 1851.]
An Act to increase the Capital Stock of the Boylston Bank. Chop 180.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the Addition,
Boylston Bank, in Boston, are hereby authorized to increase instalments,
their present capital stock by an addition thereto of fifty
thousand dollars, in shares of one hundred dollars each,
which shall be paid in such instalments as the president
and directors may determine : provided, that the whole Proviso.
amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-two.
Sect. 2. The additional stock aforesaid, when paid Addition sub-
into said bank, shall be subject to the like tax, regulations, Ject to tax-&c-
668
1851.-
-Chap. 180—182.
restrictions and provisions to which the present capital
stock of said corporation is now subject.
Certificate filed Sect. 3. Before said corporation shall proceed to do
tary ofthe Cre" business on said additional capital, a certificate, signed by
Commonwealth, the president and directors, and certified 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.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 20, 1851. J
When to take
effect.
Chapl8l.
An Act to change the time of holding the Annual Meeting of the First
Universalist Society in Attleborough.
BE it enacted by the Senate and House of Representa-
tives, in Getieral Court assembled, and by the authority of
the same, as follows :
The annual meeting of the First Universalist Society in
Attleborough shall hereafter be holden in December. [Ap-
proved by the Governor, May 20, 1851.]
Chap 182.
Corporators.
Term, 20 years.
Purposes.
Powers, &c.
No policy issued
until #50,000
subscribed.
No division of
funds until expi-
ration of char-
ter.
Restriction of
risks.
An Act to incorporate the City Mutual Marine and Fire Insurance Com-
pany.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Charles Wilkins, Isaac Thacher, Philo S.
Shelton, their associates and successors, are hereby made a
corporation, by the name of the City Mutual Marine and
Fire Insurance Company, in the city of Boston, for the
term of twenty years, for the purpose of making maritime
loans and insurance against maritime losses and insurance
against losses by fire, on the principle of mutual insurance,
and for this purpose shall have all the powers and privi-
leges, and be subject to all the duties, restrictions and lia-
bilities, set forth in the thirty-seventh and forty-fourth
chapters of the Revised Statutes, and all statutes subse-
quently passed relating to mutual insurance companies, so
far as the same are applicable to the corporation hereby
created.
Sect. 2. No policy shall be issued till the sum of fifty
thousand dollars shall have been subscribed, and no divis-
ion of any funds or profits shall be made to the subscribers
or stockholders until the expiration of their charter, but
such funds or profits shall be invested in such securities
and stocks as the law requires.
Sect. 3. The said corporation shall be restricted to an
amount not exceeding five thousand dollars on any one
1851. Chap. 182—184. 669
risk, until its funds or invested capital shall reach the sum
of one hundred thousand dollars. [Approved by the Gov-
ernor, May 20, 1851.]
An Act to increase the Capital Stock of the Bay State Bank. Chat) 183
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the Addition,
Bay State Bank, in Lawrence, are hereby authorized to #200>000-
increase their present capital stock, by an addition thereto
of two hundred thousand dollars, in shares of one hundred
dollars each, which shall be paid in such instalments as the
president and directors may determine : provided, that the Proviso.
whole amount shall be paid in before the first day of May,
in the year one thousand eight hundred and fifty-two.
Sect. 2. The additional stock aforesaid, when paid Addition sub-
into the said bank, shall be subject to the like tax, regula- Ject to lax' &c-
tions, restrictions and provisions to which the present capi-
tal stock of the said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do Certificate to
business on said additional capital, a certificate, signed by commo'nweaith
the president and directors, and certified by the cashier,
under oath, that the same has been actually paid into the
said bank, shall be returned into the office of the secretary
of the Commonwealth.
Sect. 4. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 20, 1851.] efl[ect-
An Act to increase the Capital Stock of the Laighton Bank. Chan 184.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the Addition,
Laighton Bank, in Lynn, are hereby authorized to increase *50'000-
their present capital stock by an addition thereto of fifty
thousand dollars, in shares of one hundred dollars each,
which shall be paid in such instalments as the president
and directors of said bank may determine : provided, that Proviso.
the whole amount shall be paid in, on or before the last
day of April, in the year one thousand eight hundred and
fifty-two.
Sect. 2. The additional stock aforesaid, when paid Addition sub-
into the said bank, shall be subject to the like tax, regula- ject l0 Ux' &c'
tions, restrictions and provisions, to which the present capi-
tal stock of said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do busi-
670
1851.-
-Chap. 184—186.
Certificate to
be filed with
secretary of
Commonwealth.
When to take
effect.
ness on 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 the said
bank, shall be returned into the office of the secretary of
the Commonwealth.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 20, 1851.]
Chap 185,
Addition,
#50,000.
Proviso.
Addition sub-
ject to tax.
Certificate to
be filed with
secretary of
state.
When to take
effect.
An Act to increase the Capital Stock of the Agricultural Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Agricultural Bank, in Pittsfield, are hereby authorized to
increase their present capital stock by an addition thereto
of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
dent and directors of said bank may determine : provided,
that the whole amount shall be paid in on or before the
last day of April, in the year one thousand eight hundred
and fifty-two.
Sect. 2. The additional stock aforesaid, when paid into
said bank, shall be subject to the like tax, regulations, re-
strictions and provisions, to which the present capital stock
of said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do
business on 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 the
said bank, shall be returned into the office of the secretary
of the Commonwealth.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 20, 1851. J
Chap 186.
Acts of 1848
extended iu
part.
Proviso.
An Act in addition to " An Act to authorize Towns to take Land for
Schoolhouses."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The provisions of the two hundred and thirty-seventh
chapter of the acts of the year one thousand eight hundred
and forty eight, are hereby so far extended, that land may
be taken under the provisions of the said act, in the mode
and subject to the remedies in said act contained, for the
purpose of enlarging any schoolhouse lot : provided, that
the area of such schoolhouse lot, including the land so
1851. Chap. 186—189. 671
taken, shall not thereby exceed in quantity forty square
rods. [Approved by the Governor ; May 20, 1851.]
ct to authorize the First Congregational Society in Lynnfield to sell Chan 187.
tain Real Estate. ■*
An Act
certain
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The First Congregational Society in the town May sell the
of Lynnfield are hereby authorized to sell, through their execute deed",
present committee, or such committee as may hereafter be Re-
appointed at a meeting called for that purpose, all their
right and title in and to a certain lot of land lying in said
Lynnfield, and known as the parsonage lot, containing about
five acres, more or less, and bounded on lands of Ebenezer
Parsons and the estate of the late Mathew Cox, deceased ;
and the treasurer of the said parish, or his successor in office
for the time being, is hereby authorized to execute and de-
liver such deed as may be necessary to convey their said
right and title to the same, when so directed by the said
committee.
Sect. 2. The proceeds of the sale of the said land shall Proceeds, how
be used or invested as the said parish shall by vote direct, "d?
Sect. 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 20, 1851.] eflect-
An Act relating to the Powow River Bank. Chat) 1 88.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. So much of the act passed on the sixteenth
day of April, in the year one thousand eight hundred and
fifty, entitled " an act in relation to the renewal of bank
charters and to bank commissioners," as purports to renew
and continue the charter of the Powow River Bank, in
Amesbury, shall be construed and deemed to intend the
Powow River Bank, in Salisbury.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 20, 1851.]
An Act in further addition to the several Acts for the Relief of Insolvent Chap 189,
Debtors, and the more equal Distribution of their Effects. *
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The oath required by the fourteenth section Oathmaybe
... iiti/«,i /*i r administered by
of the three hundred and fourth chapter of the acis ot justic« of the
86
672 1851. Chap. 189—190.
peace, when, the year one thousand eight hundred and forty-eight, may
be administered by any justice of the peace, when the cred-
itor shall be unable to attend before the commissioner, by
reason of sickness or other cause.
Attachment for Sect. 2. If any person, whose goods or estate are at-
wards°notPdis- tached on mesne process, in any civil action founded on
solved in seven contract for the sum of one hundred dollars or upAvards,
proceeded' wHh, shall not, within seven days from the return day of the
&c- writ, dissolve the attachment in the manner referred to in
the nineteenth section of the one hundred and sixty-third
chapter of the statutes of the year one thousand eight hun-
dred and thirty-eight, any creditor may proceed against
such person in the manner provided in the said act.
In case of acci- Sect. 3. Whenever any person shall, by accident or
may apply to ' mistake, have failed to dissolve an attachment made as
fo™teSSl°nero af°resaid, ne maY forthwith apply, by petition to the com-
ceedings, &c missioner before whom proceedings against him are pend-
ing, for a stay of the said proceedings, and, after such no-
tice to the petitioning creditor as such commissioner shall
order, or without notice, if the urgency of the case shall
not allow notice to be given, the said proceedings may be
stayed by an order of such commissioner, until a hearing ;
and if, upon the hearing before such commissioner, such
person shall prove to his satisfaction that he is in fact solv-
Proceedings ent, or that for any other cause such proceedings ought to be
Decommission- stayed, the said commissioner shall thereupon order the
er until, &,c. proceedings aforesaid to be suppressed and finally stayed.
[Approved by the Governor, May 20, 1851.]
ChcvD 190 "^n ^ct ^or ^ie aPP°intment of Land Agent.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Governor to Sect. 1. When there shall be a vacancy in the office of
otvac'ancyT86 ^an(^ agent, it shall be the duty of the governor, with the
subject to re- advice of the council, to appoint another land agent, who
shall hold his office for the term of three years, subject,
however, to removal at any time within the said term, at the
discretion of the governor and council.
Sect. 2. The said land agent shall receive an annual
Salary 51 ooo, salary of one thousand dollars from the Commonwealth, in
bond #50,000. f(1]i for ajj j^ services> anc{ sjian give bond to the treasurer
of the Commonwealth, in the sum of fifty thousand dollars,
with sufficient sureties, to the satisfaction of the governor
and council, for the faithful performance of the duties of his
office.
Sect. 3. It shall be the duty of the land agent to super-
2851. Chap. 190—191 673
intend the public lands in Maine, and, generally, to take all He shall super-
- . . -, l-i |pi-niitcinl sales
necessary steps for their protection and security which are of lands, &c
not contrary to the laws of the said state ; make contracts
and execute them, for the sale of timber and grass growing
or standing on such lands: provide//, in all cases, that the
mode of selling and the terms and conditions of sale of such
timber, shall be first approved by the commissioners of pub-
lic lands, or a majority of them ; and provided, also, that Proviso.
in no case the fee in the soil shall be disposed of.
Sect. 4. In all contracts for the sale of timber, the time Jn sales of tim-
within which the timber shall be removed shall be specifi- m0vai and pajr-
cally stated, and in all cases, the purchase money shall be mcnt-
paid or secured before the delivery of the contract.
Sect. 5. The land agent shall receive all moneys and Land a^ent
securities accruing to the Commonwealth from the sale of a]?moneys|&c.,
timber and grass growing or standing on the public lands, and pay over to
and pay over to the treasurer of the Commonwealth all
moneys so received; and all securities accruing as aforesaid
shall be made payable to the treasurer.
Sect. 6. He shall personally attend to the duties of his Shall personally
office, as far as practicable, and employ as many assistants ma'yempioy
as may be necessary ; but all persons employed as assistants assistants.
in the land office, or in surveying or exploring lands, shall
shall be sworn to the faithful discharge of their duties, and
the land agent shall be responsible for their conduct.
Sect. 7. The secretary, treasurer, and auditor of the Who are land
Commonwealth for the time being, are hereby appointed comm,ssloners-
commissioners of the public lands, for the purposes of this
act.
Sect. 8. All acts and parts of acts, inconsistent here' Acts inconsist-
• , , , , n L ent repealed.
with, are hereby repealed.
Sect. 9. This act shall take effect from and after its
passage. [Approved by the Governor, May 20, 1851.] Jgj l° ***
An Act to amend an Act incorporating the Massachusetts Fire and Ma- Qh(tB 191.
rine Insurance Company. ■*
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The first section of an act entitled "an act to Act of March
incorporate the Massachusetts Fire and Marine Insurance ^e,,8^
Company," passed on the eleventh day of March, in the year
one thousand eight hundred and fifty, is hereby amended by
inserting therein, after the words " maritime losses," the
words " on the principle of a mutual insurance company."
Sect. 2. No marine policy shall be issued by said com- No marine pol-
pany, until application shall have been made for marine ^{application
674 1851. Chap. 191—194.
has been made insurance for the sum of one hundred thousand dollars ;
for marine in- , , . . . . , . . . . '
surance to and no division of any funds received by or remaining in
g iuo,ooo. tne hands of the said company, shall be made among the
funds1Vtfii°expi- stockholders thereof, until the expiration of their charter;
ration of char- but such funds shall be invested in the maimer now author-
ized by law.
Second sec. of Sect. 3. The second section of the abovenamed act, of
repealed. which this act is in amendment, is hereby repealed. [Ap-
proved by the Governor, May 20, 1851. J
Chat) 192. ^n ^ct better t0 establish the Line between the Towns of Hancock and
" ' Ncav Ashford.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Boundary line. The following is hereafter to be considered the boundary
line between the towns of Hancock and New Ashford,
viz. : beginning at the northwest corner of the town of
LTuesborough, thence running north, seventy-one degrees
west, two hundred and forty-one rods ; thence north, nine-
teen degrees east, to Williamstown line. [Approved by the
Governor, May 20, 1851.]
Ohnn 1 Q3 "^n ^c^ *° Preven* Disturbances at Funerals.
BE it enacted by the Senate and House of Representa-
tives, hi General Court assembled, and by the authority of
the same, as follows :
Every person, who shall wilfully interrupt, or, by fast
driving or otherwise, in any way disturb any funeral as-
sembly or procession, shall be punished by imprisonment in
the county jail not more than thirty days, or by fine not
exceeding fifty dollars. [Approved by the Governor, May
20, 1851.]
CA#i?194 ^n -^ct to increase tne Capital Stock of the Lee Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Addition $50,- Lee Bank, in Lee, are hereby authorized to increase their
°°°' present capital stock by an addition thereto of fifty thou-
sand dollars, in shares of one hundred dollars each, which
shall be paid in such instalments as the president and di-
Proviso. rectors of the said bank may determine : provided, that the
whole amount shall be paid in on or before the last day of
April, in the year one thousand eight hundred and fifty-
$wo.
1851. Chap. 194—196. 675
Sect. 2. The additional stock aforesaid, when paid into Addition sub-
the said bank, shall be subject to the like tax, regulations, jccl lo lax'&c'
restrictions and provisions to which the present capital
stock of the said corporation is now subject.
Sect. 3. Before the said corporation shall proceed to
do business on the said additional capital, a certificate, Certificate to be
signed by the president and directors, and attested by the f^y J11^"'
cashier, under oath, that the same has been actually paid monweahh.
into the said bank, shall be returned into the office of the
secretary of the Commonwealth.
Sect. 4. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 21, 1851.]
An Act to increase the Capital Stock of the Mechanics Bank. Chap 195.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors, and company of the
Mechanics Bank, in Worcester, are hereby authorized to
increase their present capital stock by an addition thereto Addition #150,-
of one hundred and fifty thousand dollars, in shares of one 00°-
hundred dollars each, which shall be paid in such instal-
ments as the president and directors may determine : pro- Proviso,
vided, that the whole amount shall be paid in before the
first day of May, in the year one thousand eight hundred
and fifty-two.
Sect. 2. The additional stock aforesaid, when paid
into the said bank, shall be subject to the like tax, regula- Addition sta-
tions, restrictions and provisions to which the present capi- Ject t0 tax> &c-
tal stock of the said corporation is now subject.
Sect. 3 Before the said corporation shall proceed to
do business on said additional capital, a certificate, signed Certificate to be
by the president and directors, and attested by the cashier, j^d wfh^ secre"
under oath, that the same has been actually paid into the monweahh.
said bank, shall be returned into the office of the secretary
of the Commonwealth.
Sect. 4. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May, 21, 1851.] effect"
An Act to provide additional Railroad Accommodations for the town Phn^ IQft
of Wilmington and the vicinity. ^nap iyu.
BE it enacted by the. Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sfxt. 1. The ninth section of an act approved by the Section of act
governor on the sixteenth day of March, in the year one i^6^^
thousand eight hundred and forty-four, entitled "an act to
676 1851.- — -Chap. 196—197.
establish the Boston and Maine Railroad Extension Compa-
ny," is hereby repealed.
Sect. 2. So much of the eighth section of chapter two
hundred and twenty-three of the laws of the year one
thousand eight hundred and forty-eight, incorporating the
Further provis- Salem and Lowell Railroad Company, as provides that the
ions repealed, carg 0f t|ie saj^ corporation shall not be permitted to stop
223. for the purpose of receiving or delivering passengers or
merchandise, at any point upon their track within one
mile of the Boston and Maine Railroad, is hereby repealed.
Proviso. Sect. 3. Nothing in this act contained shall be so con-
strued as to authorize the cars of the said Boston and
Maine Railroad Company, or of any other corporation or per-
son, to be drawn from said last mentioned road over the road
of said Salem and Lowell Railroad Company, or the cars of
the said Salem and Lowell Railroad Company, or of any
other corporation or person, to be drawn from said last men-
tioned road over the road of the said Boston and Maine
Railroad Company. [Approved by the Governor, May 21,
1851.]
CJlCli) 197. -^n ^ct t0 increase tne Capital Stock of the Fall River Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Fall River Bank, in Fall River, are hereby authorized to
Addition #50,- increase their present capital stock, by an addition thereto
°00- of fifty thousand dollars, and the said addition shall be
made by increasing the par value of the shares in said bank
from seventy-five dollars to eighty-seven dollars and fifty
cents each, and shall be paid in such instalments as the
Proviso. president and directors shall determine : provided, that the
whole shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-two.
Subject to like Sect. 2. The additional stock aforesaid shall be sub-
tax, &c. ject t0 the like tax, regulations, restrictions and provisions
to which the present capital stock of the said corporation
is now subject.
Sect. 3. Before said corporation shall proceed to do
Certificate to be business on said additional capital, a certificate, signed by
filed with secre- the president and directors, and attested by the cashier, im-
monwealth. der oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth.
When to take Sect. 4. This act shall take effect from and after its
effect. passage. [Approved by the Governor, May 21, 1851. J
1851. Chap. 198—199. 677
An Act to increase the Capital Stock of the Bedford Commercial Bank. Chap 198.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloius :
Sect. 1. The president, directors and company of the
Bedford Commercial Bank, in New Bedford, are hereby au-
thorized to increase their present capital stock, by an addi- Addition #200,-
tion thereto of two hundred thousand dollars, in shares of ouo-
one hundred dollars each, which shall be paid in such in-
stalments as the president and directors of said bank may
determine : provided, that the whole amount shall be paid Proviso.
in before the first Monday in April, in the year one thou-
sand eight hundred and fifty-two.
Sect. 2. The additional stock aforesaid, when paid
into said bank, shall be subject to the like tax, regulations, Subject to like
restrictions and provisions to which the present capital lax> &c-
stock of the said corporation is subject.
Sect. 3. Before said bank shall proceed to do business
upon said additional capital, a certificate, signed by the Certificate to be
president and directors, and attested by the cashier, under filed with secre-
i • i • ill tary ofCoin-
oath, that the same has been actually paid into said bank, monweahh.
shall be returned into the office of the secretary of the
Commonwealth.
Sect. 4. This act shall take effect from and after its when to take
passage. [Approved by the Governor, May 21, 1851.] clkct-
An Act to increase the Capital Stock of the Freeman's Bank. Chap 199.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Freeman's Bank, in Boston, are hereby authorized to in-
crease their present capital stock, by an addition thereto of Addition #50,-
fifty thousand dollars, in shares of one hundred dollars each, °°u-
which shall be paid in such instalments as the president
and directors of the said bank may determine : provided, Proviso.
that the whole amount shall be paid in before the first
Monday in April, in the year one thousand eight hundred
and fifty-two.
Sect. 2. The additional stock aforesaid, when paid
into the said bank, shall be subject to the like tax, regula- Subject to like
tions, restrictions and provisions to which the present capi- tax>&c-
tal stock is subject.
Sect. 3. Before the said bank shall proceed to do busi-
ness upon such additional capital, a certificate, signed by Certificate filed
the president and directors, and attested by the cashier, un- commonwealth,
der oath, that the same has been actually paid into the said
678
1851.-
-Chap. 199—201.
When to take
effect.
bank, shall be returned into the office of the secretary of
the Commonwealth.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 21, 1851.]
Chap 200.
Addition #25,-
000.
Proviso.
Subject to like
tax, <fcc.
Certificate filed
with secretary
Commonwealth.
When to take
effect.
Chap 201.
Addition
#100,000.
Proviso.
Subject to like
tax, &c.
An Act to increase the Capital Stock of the Lancaster Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Lancaster Bank, in Lancaster, are hereby authorized to in-
crease their present capital stock, by an addition thereto of
twenty-five thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the president
and directors of said bank may determine : provided, that
the whole amount shall be paid in on or before the last day
of April, in the year one thousand eight hundred and fifty-
two.
Sect. 2. The additional stock aforesaid, when paid
into the said bank, shall be subject to the like tax, regula-
tions, restrictions and provisions to which the present capi-
tal stock of the said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do
business on said additional capital, a certificate, signed by
the president and directors, and attested by the cashier, un-
der oath, that the same has been actually paid into the said
bank, shall be returned into the office of the secretary of
the Commonwealth.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 21, 1851.]
An Act to increase the Capital Stock of the Rollstone Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Rollstone Bank, in Fitchburg, are hereby authorized to in-
crease their present capital stock by an addition thereto of
one hundred thousand dollars, in shares of one hundred
dollars each, which shall be paid in such instalments as the
president and directors of said bank may determine : pro-
vided, that the whole amount shall be paid in before the
first Monday in April, in the year one thousand eight hun-
dred and fifty-two.
Sect. 2. The additional stock aforesaid, when paid into
the said bank, shall be subject to the like tax, regulations,
restrictions and provisions to which the present capital
stock is subject.
1851. Chat. 201—203. 679
Sect. 3. Before the said corporation shall proceed to do Certificate filed
business upon such additional capital, a certificate, signed ^('(ilmon-7
by the president and directors, and attested by the cashier, wealth.
under oath, that the same has been actually paid into the
said bank, shall be returned into the office of the secretary
of the Commonwealth.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 21, 1851.]
An Act to increase the Capital Stock of the Granite Bank. Chap 202.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Granite Bank, in Boston, are hereby authorized to increase
their present capital stock by an addition thereto of two Addition
hundred and fifty thousand dollars, in shares of one hun- #250»000-
dred dollars each, which shall be paid in such instalments
as the president and directors may determine : provided, Proviso.
that the whole amount shall be paid in before the first day
of May, in the year one thousand eight hundred and fifty-
two.
Sect. 2. The additional stock aforesaid, when paid into Subject to like
said bank, shall be subject to the like tax, regulations, tax'
restrictions and provisions to which the present capital
stock of said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do
business on said additional capital, a certificate, signed by Certificate filed
the president and directors, and attested by the cashier, of Common- y
under oath, that the same has actually been paid into said wealth.
bank, shall be returned into the office of the secretary of
the Commonwealth.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 21, 1851.]
An Act to increase the Capital Stock of the Worcester Bank. ChflP 203=
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Worcester Bank, in Worcester, 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, ^l1^'^"'
which shall be paid in such instalments as the president and
directors of said bank may determine : provided, that the Pr0vlS0-
whole amount shall be paid in on or before the last dny of
April, in the year one thousand eight hundred and fifty-two.
87
680 1851. Chap. 203—206.
Subject to like Sect. 2. The additional stock aforesaid, when paid into
tax, &c. tjle sajd bank, shall be subject to the like tax, regulations,
restrictions and provisions to which the present capital
stock of said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do
Certificate filed business on said additional capital, a certificate, signed by
of Common'3, the president and directors, and attested by the cashier,
wealth. under oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 21, 1851.]
Chap 204. An Act exempting the Members of the Ancient and Honorable Artillery
Company from Jury Duty.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows:
Exempted from The members of the Ancient and Honorable Artillery
jury duty. Company shall be exempted from jury duty, agreeably to
the provisions of the eighth section of the "act concerning
the militia," passed in the year one thousand eight hundred
and forty-nine. [Approved by the Governor, May 21,
1851.]
Chap 205. An Act to change the Name of the Proprietors of the West Bradford
Meeting-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 :
Proprietors of Sect. 1. The proprietors of the West Bradford Meet-
Meeting-house. ing-house, incorporated March fourth, in the year one thou-
sand eight hundred and thirty-five, shall hereafter be known
and called by the name of the Proprietors of the Bradford
Meeting-house.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 21, 1851.]
Chat) 206 ^n ^c^ ro provide further Remedy for Creditors.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
0 T „ , , Sect. 1. The supreme judicial court shall have iurisdic-
S. J. C. to have . . l J J
jurisdiction. tion in equity, upon a bill by any creditor to reach and
apply, in payment of a debt due from any debtor not resid-
ing in this Commonwealth, any property, right, title, or in-
terest, legal, or equitable, of such debtor, within this Com-
1851. Chap. 206—209. 681
monwealth, which cannot be come at to be attached or
taken on execution, in a suit at law against such debtor.
Sect. 2. This act bh;tll take effect from and after its
passage. [Approved by the Governor, May 21, 1851.]
An Act to incorporate the Scituate Savings Bank. Chan 207.
BE it enacted by Hie Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Caleb W. Prouty, Seth Webb, John Bouve, their associ- Corporators,
ates and successors, are hereby made a corporation, by the
name of the Scituate Savings Bank, to be located in the
town of Scituate, with all the powers and privileges, and Powers, &c,
subject to all the duties, liabilities and restrictions, set forth and other laws.
in the thirty-sixth chapter of the Revised Statutes, and in
all other laws of this Commonwealth, relating to institu-
tions for savings. [Approved by the Governor, May 21,
1851.]
Chap 208.
An Act to authorize Judges of Probate to take the Proof of the exe-
cution of Deeds in certain cases.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The several judges of probate, in their re-
spective counties, shall have concurrent jurisdiction with Jud?es of Pr°-
the courts of record in the state, in taking the proof of the concurrent ju-
due execution of deeds, according to the provisions of the risdictio? wi,h.
■*■ courts ol record-
fourteenth, fifteenth and eighteenth sections of the fifty- &c.
ninth chapter of the Revised Statutes; and when the exe-
cution of any deed shall have been thus duly proved, a Certificate of
certificate, by the judge of probate, of such proof, shall be JU epr°
indorsed upon the deed, or annexed thereto.
Sect. 2. This act shall take effect from and after its w,hen t0 take
passage. [Approved by the Governor, May 21, 1851.]
An Act to authorize John Gibson and others to build a Wharf in Lynn. Chap 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 :
Sect. 1. John Gibson, Nathaniel Ingalls, Jr., Isaac
Brown, and their associates, are hereby authorized to
build a wharf on the westerly side of Nahant Beach, !wl,iarfaIt, ,
j xi -liii o • -r /. ■ -■ Nahant lieach,
and near the middle thereof, in Lynn, from the road
over the said beach, westerly to the channel in the harbor, .,
and they shall have the right to lay vessels thereat, and dockage, &c.
to receive wharfage and dockage therefor.
682
1851.
-Chap. 209—210.
Exclusive use
of water, &c.
Must be ap-
proved by the
city council of
Lynn.
Sect. 2. The proprietors of the said wharf shall be
allowed the exclusive use of the water one hundred and
fifty feet wide on each side of the wharf to the channel,
for the use, occupation and accommodation of such wharf:
provided, that this grant shall in no wise interfere with the
legal rights of any person.
Sect. 3. This act shall not go into operation unless the
same shall be approved by the city council of Lynn, within
six months from its passage. [Approved by the Governor,
May 21, 1851.]
Chap 210
Corporators.
Powers, &c,
R. S. ch. 38
and 44.
May hold real
and personal es-
tate.
May convey
water into
Stockbridge.
May hold real
estate.
Shall file de-
scription of
lands.
Proviso.
An Act to incorporate the Stockbridge Water Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as^follows :
Sect. 1. Charles M. Owen, Daniel R. Williams, and
Jonathan E. Field, their associates and successors, are
hereby made a corporation, by the name of the Stockbridge
Water Company, for the purpose of supplying the inhabi-
tants of Stockbridge with good water, with all the powers
and privileges, and subject to all the duties, restrictions and
liabilities, set forth in the thirty-eighth and forty-fourth
chapters of the Revised Statutes.
Sect. 2. The said corporation may hold real and personal
estate, necessary and convenient for the purpose aforesaid,
not exceeding in amount thirty thousand dollars.
Sect. 3. The said corporation may take, hold, and con-
vey to, into, and through the Plain street of Stockbridge, and
the streets leading into and parallel to said Plain street, the
waters of the spring on land of Major Calvin Dewey, near
Rattlesnake Mountain, in said Stockbridge ; also the waters
of the springs on the lands occupied by David C. Hull; and
may take and hold real estate necessary for laying and main-
taining aqueducts, reservoirs, fountains, bathing houses, and
washing houses, and may take land around the margin of the
said springs, not exceeding twenty rods, measuring from the
centre of such springs. The said corporation shall, within
sixty days from the time of taking any lands or springs, file
in the office of the registry of deeds, in the middle district of
the county of Berkshire, a description of the lands and
springs so taken, as certain as is required in a common con-
veyance of land, and a statement of the purpose for which
it is taken, signed by the president of the corporation: pro-
vided, that no springs or lands about the same, nor any
lands for fountains, reservoirs, bathing houses nor washing
houses, shall be taken by virtue of the authority herein
given, unless the consent of the owners thereof shall be first
obtained in writing.
1851. Chap. 210—211. 683
Sect. 4. The said corporation may make aqueducts from May make
the aforesaid sources, through the village of Stockbridge, a(iueducts> &c-»
and may maintain the same by suitable works ; may make
reservoirs and hydrants, may distribute the waters through-
out the said village, by laying down pipes, and may estab-
tablish the rents therefor; and the said corporation, for
the purposes aforesaid, may enter upon and dig up any
road, under the direction and by the consent of the select- with consent of
men of Stockbridge for the time being, in such manner as gt^on!] °c'
to cause the least hindrance to travel thereon.
Sect. 5. All damages sustained by taking land, water, Damages, how
or water rights, or by making aqueducts, reservoirs, or oth- recovere •
er works, shall be ascertained, determined, and recovered,
in the manner now provided in cases where land is taken for
highways. And no diversion of any nature, or construction
of any work by said corporation, shall be commenced until all
damages shall have been ascertained or agreed upon, and
paid to the persons damaged thereby.
Sect. 6. Any person who shall maliciously divert the
waters, or any part thereof, of the sources which shall
be taken by the said corporation, pursuant to the provisions
of this act, or who shall corrupt the said waters, or render Penalty for cor-
the same impure, or who shall destroy or injure any draw, [^ms ,he wa"
reservoir, aqueduct, pipes, hydrant, or other property, held,
owned, or used by the said corporation for the purposes
of this act, shall pay three times the amount of damage to
the Stockbridge Water Company, to be recovered by any
proper action. And any such person, on conviction of ei-
ther of the malicious acts aforesaid, may be punished by a
fine not exceeding one hundred dollars, and by imprison- Fine or impris-
ment not exceeding six months. [Approved by the Gove?'- omnent-
?wr, May 21, 1851.]
An Act concerning Illegitimate Children. Chat) 211
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Every illegitimate child shall be considered as heir of his shall inherit the
mother, and any maternal ancestor, and shall inherit the or^na^emaTan-
estate of such mother or ancestor, in whole or in part, as ccstor.
the case may be, and the same shall descend from such an- Estate shall de-
cestor to the lawful issue of such illegitimate person in like ?scseu"d t0 ]awful
manner as if he had been born in lawful wedlock. [Ap-
proved by the Governor, May 21, 1851.]
684 1851. Chap. 212.
Chap 212. An Act to incorporate the West Newbury Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. John C. Carr. Moses Newell, and Patten Sar-
gent, their associates and successors, are hereby made a
corporation, by the name of the West Newbury Railroad
Company, with all the powers and privileges, and subject
Duties and lia- to all -the duties, restrictions and liabilities, set forth in the
buWs,R.s.ch. forty-fourth chapter of the Revised Statutes, and in that
part of the thirty-ninth chapter of the said statutes relating
to railroad corporations, and in all statutes subsequently
passed relating to railroad corporations.
Sect. 2. The said corporation may construct and main-
tain a railroad, commencing at or near the passenger depot
of the Newburyport Railroad, in the town of Georgetown,
with a right to cross the said railroad ; thence running
through Groveland to some convenient point on the road
leading from the main road to the Rocks Bridge, in the
To use the Dan- town of West Newbury, with authority to enter upon and
vers and use tne DanVers and Georgetown Railroad, or any portions
Georgetown • , « j i
railroad. thereof, according to law.
To contract Sect. 3. The said corporation are authorized to con-
with Danvers tract with the Danvers and Georgetown Railroad Company,
ana George- . • ■ D L J '
town railroad, for the running of their railroad.
Capital, five Sect. 4. The capital stock of the said corporation shall
»u,'!^red sluares' consist of five hundred shares of one hundred dollars each,
$100 each.
and no assessment shall be made thereon ot a greater
amount in the whole than one hundred dollars on each
No share to be share ; and no share in the capital stock of said corporation
sold less than shall De issued for a less sum or amount, to be actually paid
par value. > i ■ i i n u
in on each, than the par value of the shares which shall be
first issued ; and the said corporation may purchase and
hold such real estate, materials, engines, cars, and other
things, as may be necessary for depots for the use of the
said road, and for the transportation of persons, goods and
merchandise.
Sect. 5. The said West Newbury Railroad Company,
Empowered to and the Danvers and Georgetown Railroad Company, are
form one com- hereby authorized and empowered to unite and form one
company, whenever it shall be so voted by each company
at meetings duly notified for that purpose ; and, when the
said companies shall be so united, the stockholders of one
company shall be the stockholders in the other, and the
two companies shall constitute one corporation, under the
name of the Danvers and Georgetown Railroad Company ;
and the said last mentioned company shall have all the
Powen, &c. franchises, property, powers and privileges, and be subject
1851. Chap. 212—214. 685
to all the restrictions and liabilities of the said companies
respectively.
Sect. G. If the location of the said railroad be not Location to be
filed according to law within two years, and if the said ^'j1! J^JJe
railroad be not constructed within three years from the pas- built in three,
sage of this act, this act shall be void.
Sect. 7. The Legislature may authorize any company Any company
to enter, with another railroad, upon the said railroad, at mayenler' &c-
auy point thereof, and use the same according to law.
Sect. 8. The said corporation shall not commence the
construction of their road, or any part thereof, until a cer- Certificate to be
tificate shall have been filed in the office of the secretary ^Ju^Um
of the Commonwealth, subscribed and sworn to by the
president of the said company, and a majority of the di-
rectors thereof, stating that all of the stock named in their
charters has been subscribed for by responsible parties, and
that ten per cent, of the par value of each and every share
of the stock thereof has been actually paid into the treasu-
ry of the company.
Sect. 9. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 21, 1851.] effcct-
An Act concerning the Levy of Executions. CIlCip 213.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
If any execution against a corporation shall have been
satisfied, in whole or in part, by service or levy on the per-
son or property of any member thereof, and the property
thus levied on, or damages for such service or levy, shall
have been subsequently recovered by such member from
the officer or judgment creditor, such creditor may have a
writ of scire facias on his judgment, and shall thereupon be
entitled to a new execution for the sum remaining justly
and equitably due to him. [Approved by the Governor,
May 21, 1851.]
An Act concerning the Location of Highways. Chap 214.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Application to the commissioners of any county to locate Application to
anew a road within any town in such county, whether the road^ay^e*
same were laid out by the authority of such town or other- made by any
wise, may be made by any five inhabitants of such town ; ve ,u a Ilants'
and the commissioners may, either for the purpose of estab- County com-
lishing the boundary lines of such road, or of making alter- locate anew. '
686
1851.-
-Chap. 214—217.
Expenses paid
by applicants.
Chap 215.
ations in the course or width, locate such road anew, after
giving the like notice and proceeding in the like manner as
in the case of laying out highways ; and the persons making
such application shall pay all the expenses arising in the
case. [Approved by the Governor, May 21, 1851.]
An Act to exempt Agricultural Societies from Taxation.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
From and after the passage of this act, the property, both
real and personal, of all agricultural societies, which are
now or may hereafter be incorporated, shall be exempted
from taxation. [Approved by the Governor, May 21,
1851.1
Chap 216.
Shall make an-
nual returns to
secretary of
Commonwealth
on or before
Jan. 15.
Penalty for neg-
lect, #200.
An Act providing for Returns of Moneys received by Public Officers.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. All trial justices, justices of police courts,
commissioners of insolvency, clerks of courts, and other
officers whatsoever in the Commonwealth, receiving costs,
fees, fines, forfeitures, or other moneys, which they are re-
quired by law to pay over, or to account for to the treasurer
of the Commonwealth, treasurers of counties, or other pub-
lic authority, shall, on or before the fifteenth day of Janua-
ry, annually, return to the secretary of the Commonwealth,
under oath, a true account of all moneys received by them
from all sources, by virtue of their office, for the year end-
ing on the first Wednesday of the same January.
Sect. 2. If any officer shall neglect or omit to make the
return required by this act, he shali forfeit the sum of two
hundred dollars, to be recovered by indictment in any com-
petent court of the Commonwealth. [Approved by the
Governor, May 21, 1851.]
Chap 217.
Belt leather
to be inspected
same as sole
leather.
An Act to provide for the inspection of Belt Leather.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
All the provisions of the twenty-eighth chapter of the
Revised Statutes, concerning the inspection of sole leather,
are hereby made applicable to belt leather, which shall be
subject to inspection under the same conditions and inci-
dents, and with the same penalties for the purchase and
1851. — -Chap. 217—220. 687
sale thereof without inspection, as are enacted in the case
of sole leather. [Approved by the Governor, May 21,
1851. J
An Act in relation to Easements. Chap 218.
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 notice required to be given, by the twenty-eighth When owner is
section of the sixtieth chapter of the Revised Statutes, to ^ay ^posted6
enable the owner of land to prevent an adjoining owner and copy served
~ . . ,, , ,. on person last
from acquiring an easement therein, may, when the owner asseSSed.
of the latter is unknown, be served by copy conspicuously
affixed to or posted on the premises, and serving the same
on the person to whom the said premises were last assessed
for taxes in the town where they lie, and recording the said
notice as required in the Revised Statutes. [Approved by
the Governor, May 21, 1851.]
An Act in addition to an Act to incorporate the Real Estate Mutual Fire Chap 219.
Insurance Company.
BE it enacted by the Senate and House of Representor-
fives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Real Estate Mutual Fire Insurance Com- May insure on
pany, in addition to their present powers, are hereby author- l"y°™ prop"
ized to insure personal property.
Sect. 2. This act shall take effect from and after its when to take
passage. [Approved by the Governor, May 21, 1851.]
An Act concerning the First Baptist Society in Chelsea. Chap 220.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The First Baptist Society in Chelsea are here- May assess up-
by authorized to assess upon the pews in their meeting on pewf
house, in the manner provided by the statute of this Com-
monwealth passed on the twenty-fifth day of March, in the
year one thousand eight hundred and forty-five, entitled
"an act relating to religious societies,'' any sum or sums of
money which they shall vote to raise for the support of
public worship, and other parochial charges, and for the re-
pairs of their meeting house: provided, that no person not Proviso.
a pewholder in the said meeting house shall be entitled to
vote upon any question relating to the settlement of a pas-*
tor, or to the raising or appropriating of any moneys 10 ba
so assessed.
SS
688
1851.
-Chap. 220—221.
Shall not take Sect. 2. This act shall not take effect unless it shall be
cepleci'b/the accepted by the said society, at a meeting duly called for
society. that purpose, a majority of two-thirds of all members pres-
ent at such meeting voting therefor. [Approved by the
Governor, May 21, 1851.]
Location.
Chap 221. An Act to authorize the Cape Cod Branch Railroad Company to extend
its Railroad.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Cape Cod Branch Railroad Company is
hereby authorized to extend its railroad from a point at or
near its present terminus in Sandwich, through the towns
of Sandwich, Barnstable, and Yarmouth, on the north side
of the range of hills dividing the north and south sides of
Cape Cod, to some point in or near the village of Yarmouth
Port, and thence to and into tide water at Hyannis harbor,
in the town of Barnstable ; with the right to erect and
maintain, at its terminus, a suitable pier or wharf for the
convenient reception and discharge of passengers and mer-
chandise.
Sect. 2. The said company, in the extension of the
said railroad through the limits aforenamed, shall be entitled
to all the privileges and benefits, and be subject to all the
duties and liabilities, set forth in the several acts relating to
railroad corporations.
Sect. 3. The said company is hereby authorized, for
the purpose of constructing the said extension, to increase
its capital stock by the sum of two hundred and forty thou-
sand dollars, which shall be divided into shares of sixty
dollars each, and no share shall be issued under this act for
less than sixty dollars, to be actually paid in on each share.
Sect. 4. The said company shall not commence the
construction of the said extension until a certificate shall
have been filed in the office of the secretary of the Com-
monwealth, subscribed and sworn to by the president of
the said company and a majority of the directors thereof,
that all of the stock created by this act has been subscribed
for by responsible parties, and that twenty per cent, of the
par value of each and every share of the said stock has
been actually paid into the treasury of the company.
Sect. 5. The par value of the original capital stock of
the said company is hereby reduced to sixty dollars a share,
and all dividends of the profits of the said company here-
after declared shall be made upon the said original stock
as of the value of sixty dollars a share.
May erect a
wharf in Barn-
stable.
Privileges, &c.
May increase
capital stock
#240,000.
No share issued
under par.
Shall not com-
mence until a
certificate shall
have been filed,
&c.
Original capilal
reduced to $60
per share, &c.
1851. Chap. 221—222. 689
Sect. 6. The said company is hereby authorized to dis- Authorized to
continue so much of the branch at Wareham Narrows, au- p^°n nM
thorized by the fifth section of its act of incorporation, as
lies below the southeasterly side of the wharf known as
the <; Parker Mills wharf," being the wharf adjoining the
bridge in Wareham.
Sect. 7. If the said company shall not file the location Proviso.
of the said extension within one year, or shall not complete
the said extension within two years, from the passage of
this act, then so much thereof as relates to the extension
shall be null and void.
Sect. 8. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 21, 1851.]
An Act to increase the Capital Stock of the Worcester and Nashua Rail- QJiap 222.
road Company. *
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Worcester and Nashua Railroad Company May increase
is hereby authorized to increase the capital stock of the said «aJoo^ooo.
company by the addition of not exceeding three thousand
shares, each share to be of the par value of one hundred
dollars.
Sect. 2. For the purpose of carrying into effect the pro- Conditions of
„ ,, . it r *■! • i subscription to
visions or this act, the directors ot the said company are new stock,
hereby authorized and empowered to issue said three thou-
sand shares of new stock; and the present stockholders of
the said company may subscribe for the said new stock, in
the proportion of one share for every five shares of old stock
by them held, they paying the par value of one hundred dol-
lars for such new stock in such manner as the board of direct-
ors of the said company shall direct, at the time of subscrib-
ing ; and, on delivering up their certificates of old stock, they
shall receive, in lieu of every five shares of old stock and share
of new stock, a certificate of six shares of preferred stock :
'provided, that not more than one half of the amount of such
new stock, so taken by each stockholder, shall be required
to be paid in by him, within one year after the acceptance
of this act by the stockholders, as provided in the sixth
section.
Sect. 3. No portion of the said stock, issued under the No stock to be
r i ■ in, i i i • issued under
provisions of this act, shall be issued at less than its par par, &c.
value ; the time and manner of issuing it shall be deter-
mined by the directors of the said company, who shall an-
nually make report, in relation thereto, of their proceedings
to the Legislature of this state.
690 1851. Chap. 222—223.
New stock Sect. 4. The said stock, in the certificates issued there-
preferre . ^ ^^ ^e cane(j preferred stock, and holders of shares,
less than five in number, of a fractional excess of shares
when the whole number is divided by five, may transfer
their right to subscribe for new stock, and when the new
stock is taken on such transfers, the certificates of the stock
on which the said transfer is made may be surrendered,
and certificates of preferred stock shall be issued instead
thereof; and the board of directors are hereby authorized
and empowered to declare and pay semi-annual dividends,
out of the net earnings of said company, not exceeding six
per cent, per annum on such preferred stock ; and no divi-
dends shall hereafter be declared and paid, upon any other
shares of said company now in the hands of stockholders,
except the same be paid out of the net surplus earnings of
said company, after the payment of the dividends on the
said preferred stock.
Dividends on Sect. 5. When, after the payment of the dividends upon
ot er stoc -. ^Q sa^ preferre(j stock, out of the net earnings of the said
company, there shall be a surplus remaining, there shall be
paid out of such surplus, semi-annual dividends, not ex-
ceeding six per cent, per annum, on all the old stock of
said company held by stockholders and remaining unsur-
rendered ; and if there shall remain any surplus of the said
net earnings, after paying all the dividends aforesaid, the
Surplus divided same shall be equally divided among the stockholders, upon
equally. a|j t;ie st0ck of the said company, new and old, share and
share alike.
When to take Sect. 6. This act shall not take effect until the same
effect. shall be accepted by a vote representing at least three-
fourths of all the stock of said company, at a stockholders'
meeting specially convened for that purpose, or until the
written assent of the holders of two-thirds of the stock shall
be obtained.
This act may be Ssct. 7. This act may be altered, amended, or repealed,
nltered, &,c. ar t^e pleasure of the Legislature. [Approved by the Gov-
ernor, May 22, 1851.]
Chan 223 ^n J^c*' *° *ncrease t'13 Capital Stock of the Traders Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. The president, directors and company of the
Traders Bank, in Boston, are hereby authorized to increase
Addition, their present capital stock by an addition thereto of two
#200,000. hundred thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
1851. Chap. 223—224. 691
dent and directors of the said bank may determine : pro- Proviso.
vided, that the whole amount shall be paid in before the
first Monday in April, in the year one thousand eight hun-
dred and fifty-two.
Sect. 2. The additional stock aforesaid, when paid into Subject to like
the-.said bank, shall be subject to the like tax, regulations,
restrictions and provisions to which the present capital
stock is subject.
Sect. 3. Before the said bank shall proceed to do busi- Certificate to be
ness on the said additional capital, a certificate, signed by tary 0f Com.
the president and directors, and attested by the cashier, mouweaith.
under oath, that the same has been actually paid into the
said bank, shall be returned into the office of the secretary
of the Commonwealth.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 22, 1S51.J
An Act to change the Organization of the Board of Overseers of the Uni- (Jhan 224.
versity at 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 :
Sect. 1. The board of overseers of Harvard College, as Overseers' term
constituted by existing laws, shall continue until the day '"nited to 1832'
of the next annual meeting of the General Court, and no
longer.
Sect. 2. The governor, lieutenant governor, president Newboard.how
• constituted.
of the senate, and speaker of the house of representatives
of the Commonwealth, the secretary of the board of edu-
cation, and the president and treasurer of Harvard College,
for the time being, together with thirty other persons, as
hereinafter defined and described, and no others, shall, on
and after the day of the next annual meeting of the Gen-
eral Court, constitute the board of overseers of Harvard
College, they, or the major part of them, present at any
legal meeting, to exercise and enjoy all the rights, powers
and privileges, and be subject to all the duties of the exist-
ing board of overseers.
Sect. 3. The thirty persons, who, in addition to the ex Divided into
officio members thereof, now constitute the board of over- ll,rce classes-
seers, shall be divided into three classes of ten each, by lot
or otherwise, as they themselves may determine ; and the
persons of the first class shall go out of office on the day of Term of 1st
the next annual meeting of the General Court, and their c
places be supplied by joint ballot of the senators and rep-
resentatives of the Commonwealth, assembled in one room ;
and the persons of the second class shall go out of office on Second class.
the day of the annual meeting of the General Court, which
692 1851. Chap. 224.
will be in the year one thousand eight hundred and fifty-
three, and their places be supplied in like manner by joint
ballot of the senators and representatives; and the persons
Third class. of the third class shall go out of office on the day of the an-
nual meeting of the General Court, which will be in the
year one thousand eight hundred and fifty-four, and their
places be supplied in like manner by joint ballot of the sen-
Proviso, ators and representatives : provided, that the persons of each
of the said outgoing classes shall continue in office for two
months after the day of the said annual meeting of the
Unless, &c General Court, unless their successors shall have been
sooner chosen by the senators and representatives.
Divided into Sect. 4. When the board of overseers shall have been
whoi'ySrene^-en wholly renewed, in the manner prescribed in the foregoing
ed. section, the members thereof shall be divided into six equal
classes, by subdivision of the previous classes into two
each, according to lot or otherwise, as the board may de-
termine, and having regard to seniority of service among
the said previous classes, in arranging the order of prece-
Rotation in dence of the new series : and the said six classes shall
O'l'lL't',
thereafter go out of office in rotation, and in order of prece-
dence as thus defined, one at each successive annual meet-
ing of the General Court, and their places be supplied by
joint ballot of the senators and representatives.
Vacancy. Sect. 5. Any vacancy occurring in the said board of
overseers, whether by death, resignation, removal from the
Commonwealth, or otherwise, shall be filled by joint ballot
of the senators and representatives, as herein before pro-
vided ; and if the General Court shall omit to fill, within
three months from the day of its annual meeting as afore-
Existing vacan- said, any existing vacancy, then such vacancy may be filled
fiiiedma"V by the remaining overseers ; but the person so elected to fill
any vacancy, whether by senators and representatives, or
by the overseers, shall be deemed a member of, and go out
of office with, the class to which his predecessor belonged.
Governor shall Sect. 6. The governor, if present, shall preside at any
meetings!1 legaI ^e§^ meeting of the said board of overseers ; if not, the lieu-
tenant governor ; in their absence, the president of the
senate ; in his absence, the speaker of the house of repre-
sentatives ; but if neither of the persons named be present,
then the meeting shall elect a president, pro tempore ; and
Shall choose a the said board may choose, by majority of votes, a secre-
secretary. tary, when that office shall be vacant, who shall be under
oath truly to record the votes and proceedings of the board,
and faithfully to discharge all the duties of his office ; and
the said board may make, establish, and alter such rules of
proceeding, and other by-laws, as they shall deem meet,
1851. Chap. 224—225. 693
provided, the same be not inconsistent with the constitu- Proviso.
tion and laws of the Commonwealth.
Sect. 7. No member of the General Court which elects, Members of
shall be eligible to a place in the said board of overseers ; and beHgibl^who
no person shall be reeligible for more than one term imme- elect overseers,
diately succeeding that to which he shall have been first
elected.
Sect. 8. This act shall be in force when the board of This act to be
overseers as heretofore constituted, and the president and accepted!''0'1
fellows of Harvard College respectively, at meetings held
for that purpose during the present session of the General
Court, shall by vote have assented to the same : provided, Proviso.
that nothing contained herein shall be deemed to prejudice
any constitutional powers which may be possessed by the
General Court.
Sect. 9. All acts or parts of acts, inconsistent herewith, inconsistent
are repealed. [Approved by the Governor, May 22, 1851. J acls rePea]ed-
An Act to increase the Capital Stock of the Cochituate Bank, and to Chap 225.
change its Location. "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. The president, directors and company of the Addition,
Cochituate Bank, in Boston, are hereby authorized to in- #100>000-
crease their present capital stock by an addition thereto of
one hundred thousand dollars, in shares of one hundred
dollars each, which shall be paid in such instalments as
the president and directors may determine : provided, that Proviso.
the whole shall be paid in before the first day of May, in
the year one thousand eight hundred and fifty-two.
Sect. 2. The additional stock aforesaid shall be sub- Subject to like
ject to the like tax, regulations, restrictions and provisions ,ax>&c-
to which the present capital stock of the said corporation
is now subject.
Sect. 3. Before the said corporation shall proceed to do Certificate to
business on said additional capital, a certificate, signed by secretary of
the president and directors, and attested by the cashier, Commonwealth,
under oath, that the same has actually been paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth.
Sect. 4. So much of the first section of the act to Location
incorporate the Cochituate Bank as requires its location in cliansed-
Boston to be south of Boylston street, is hereby repealed,
and the president and directors of said bank are authorized
to fix its location : provided, it shall not be north of Sum-
mer street.
694
1851.-
-Chap. 225—226.
When to take
effect.
Sect. 5. This act shall take effect from and after its
passage. [Approved by the Governor, May 22, 1851.]
Chap 226.
All votes shall
indicate the
office and be
deposited in
sealed envel-
opes, &.C.
Proviso.
Secretary of
Commonwealth
shall provide
envelopes and
notify city and
town clerks.
And keep a
supply on hand.
Clerks of towns
and cities shall
obtain envel-
opes from the
secretary, keep
a supply con-
stantly on hand
and receive
compensation
therefor.
An Act for the better Security of the Ballot.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. All votes for governor, lieutenant governor,
senators and representatives of the Commonwealth, elec-
tors of president and vice president of the United States,
and representatives in Congress, shall clearly indicate, in
writing or print, the office for which each person voted for
is designed, and shall be deposited in the ballot-box in one
sealed envelope, furnished as hereinafter provided, and no
vote deposited in any other manner shall be counted : pro-
vided, that in all trials for the choice of representatives to
the General Court, when no other officer is voted for, the
office of representative, in writing or print, need not be
indicated upon the ballot.
Sect. 2. It shall be the duty of the secretary of state
to provide a sufficient quantity of self-sealing envelopes, of
uniform appearance, and of suitable size and quality, for
the use of all the voters in the Commonwealth, and on or
before the first day of October next, to notify each clerk of
every town and city within the state, that the same are
ready for delivery ; and it shall also be the duty of the said
secretary to keep thereafter constantly on hand, a quantity
of the said envelopes, sufficient to supply all the voters of
the Commonwealth, at any and all elections, for the offices
mentioned in the first section of this act, that may take
place, and to furnish the same to the clerks of the several
towns and cities whenever they shall apply for them.
Sect. 3. It shall be the duty of the clerk of each town
and city in the Commonwealth, on receiving the notice
aforesaid, forthwith to obtain from the secretary of state a
number of envelopes equal to six times the number of
names on the list of voters of the preceding year, of such
town or city, and to keep the same in his office, subject to
the order of the selectmen of the town, or the wardens
and inspectors of the city. And it shall be the further
duty of the clerks aforesaid, to procure thereafter, in the
manner before provided, and keep constantly on hand, such
number of envelopes as may be sufficient to meet the
wants of the voters of their respective towns or cities, at
any election of officers named in the first section of this
act ; and said clerks shall receive a suitable compensation
from their several towns or cities, for the labor and expense
thus incurred.
1851. Chap. 226. 695
Sect. 4. It shall be the duty of the selectmen of each Selectmen,
town, and the warden and inspectors of every ward in ]jhan provide''
each city within the state, to obtain from the clerks of envelopes at
their several towns and cities, and provide at the polls, on appomt'persons
the day of election, a sufficient quantity of the envelopes Jo deliver them
aforesaid, and to appoint two or more suitable persons to
take charge of the same, and supply each person claiming
to be a voter in the said, town or city, on his personal appli-
tion, and no others, with such a number as the pending
election may require, and to return to the clerk aforesaid all
envelopes not used.
Sect. 5. It shall be the further duty of the inspecting inspecting
officers aforesaid, in the first place, to count the envelopes, comft'ando^en
at such times as they may judge proper, and thus ascertain the same and
the number of persons who have voted ; they may then votes a^&c.
proceed to open the envelopes once each hour during the
election, and if, in any case, more than one vote is found
in any one envelope, bearing the name of the same person
for the same office, all but one such votes shall be thrown
out ; or if two or more votes be found in one envelope,
bearing the names of different persons for the same office,
all such votes shall be rejected. And any envelope found Blank votes
to contain only a blank, shall not be counted as a ballot, enveiope^not
And if any envelope shall be found in the ballot-box, bear- counted,
ing any mark, impression, or device, or color, designed to
distinguish such envelopes from others deposited by voters,
it shall not be counted as a ballot.
Sect. 6. Each voter, when depositing his ballot, shall Each voter
hold it in such a manner, that the inspecting officers can his envelope,
distinctly see whether more than one is placed in the
ballot-box.
Sect. 7. If any person shall wilfully claim to be a Persons claim-
voter, knowing that he is not a voter in such town or city voters'fiab'le'to"
where the claim is made, and by reason thereof shall fraud- fi|ie °f $w l<>
ulently obtain any envelope or envelopes from the persons
having the custody of the said envelopes, on the day of the
election aforesaid, such person shall be liable to a fine of
not less than ten nor more than fifty dollars.
Sect. 8. Any clerk, selectman, warden or inspector, or Penalty for
any person employed by them, as herein provided, who b^derks, in-ty
shall neglect to perform any of the duties required by this spectors, &c
act, shall, on conviction thereof, forfeit and pay, to the
treasurer of the Commonwealth, a sum not less than one
hundred dollars nor more than five thousand dollars.
Sect. 9. The use of envelopes shall not be required at Envelopes not
any election prior to the first of November next. vember next
89
696
1851.-
■Chap. 226—229.
Acts repealed. Sect. 10. All acts and parts of acts inconsistent with
this act are hereby repealed. [Approved by the Governor,
May 22, 1851.]
Chap 227. An Act t0 provide for an Additional Term of the County Commissioners
for the County of Essex.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, asfolloivs :
In addition to the meetings of the county commissioners
for the county of Essex, now required by law to be held
in the said county, they shall meet annually at Lawrence
on the last Tuesday of August. [Approved by the Gov-
ernor, May 22, 1851.]
Additional
term.
Chap 228.
Addition,
#200,000.
Proviso.
Subject to like
tax, &.c.
Certificate to
be filed, &c.
When to take
effect.
An Act to increase the Capital Stock of the Merchants Bank in 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 :
Sect. 1. The president, directors and company of the
Merchants Bank, in New Bedford, are hereby authorized to
increase their present capital stock by an addition thereto
of two hundred thousand dollars, in shares of one hundred
dollars each, which shall be paid in such instalments as the
president and directors of the said bank shall determine :
provided, that the whole amount shall be paid in before
the first Monday in April, in the year one thousand eight
hundred and fifty-two.
Sect. 2. The additional stock aforesaid, when paid
into the said bank, shall be subject to the like tax. regula-
tions, restrictions and provisions to which the present
capital stock is subject.
Sect. 3. Before the said bank shall proceed to do busi-
ness on such 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 the said
bank, shall be returned into the office of the secretary of
the Commonwealth.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 22, 1851.]
Chat) 229 ^n ^-c^ *° mcrease the Capital Stock of the Quinsigamond Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
1851. Chap. 229—230. 697
Q,uinsigamond Bank, in Worcester, are hereby authorized Addition,
to increase their present capital stock by an addition thereto *j0'000-
of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
dent and directors may determine -.provided, that the whole Proviso.
amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-two.
Sect. 2. The additional stock aforesaid, when paid Subject to
into said bank, shall be subject to the like tax, regulations, samelax>&
restrictions and provisions to which the present capital
stock of said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do Certificate to
business on 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.
Sect. 4. This act shall take effect from and after its ^cetntotake
passage. [Approved by the Governor, May 22, 1851.]
An Act to increase the Capital Stock of the Shoe and Leather Dealers Chap 230.
Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the Addition,
Shoe and Leather Dealers Bank, in Boston, are hereby au- * J ' ° '
thorized to increase their present capital stock by an addi-
tion thereto of two hundred and fifty thousand dollars, in
shares of one hundred dollars each, which shall be paid in
such instalments as the president and directors may deter-
mine : provided, that the whole shall be paid in before the Proviso.
first day of May, in the year one thousand eight hundred
and fifty-two.
Sect. 2. The additional stock aforesaid shall be sub- Subject to like
ject to the like tax, regulations, restrictions and provisions tax'4 c'
to which the present capital stock of the said corporation
is now subject.
Sect. 3. Before said corporation shall proceed to do Certificate to be
i- -tit- i • i -n • 1 1, filed.
business on 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.
Sect. 4. This act shall take effect from and after its when to take
passage. [Approved by the Governor, May 22, 1851. J
698 1851.— Chap. 231—233.
Chap 231. An Act t0 authorize Samuel T. De Ford to extend his Wharf in New-
buryport.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Right of wharf- Samuel T. De Ford, proprietor of a wharf situated in
age,&c Newburyport, is hereby authorized to extend and maintain
his said wharf one hundred and twenty-five feet, toward
the channel of the river, and he shall have the right to lay
vessels at the end and sides of the said wharf and to re-
ceive wharfage and dockage therefor : provided, that this
grant shall in no wise impair the legal rights of any person.
[Approved by the Governor, May 22, 1851.]
Chap 232. An Act to increase the Capital Stock of the Exchange 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 :
Addition, Sect. 1. The president, directors and company of the
#500,000. Exchange Bank, in Boston, are hereby authorized to in-
crease their capital stock, by an addition thereto of five
hundred thousand dollars, in shares of one hundred dollars
each, which shall be paid in such instalments as the presi-
Proviso. dent and directors may determine : provided, that the whole
amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-two.
Subject to like Sect. 2. The additional stock aforesaid, when paid
tax, &c. mt0 gajj ban]^ s]ia}} be subject to the like tax, regulations,
restrictions and provisions, to which the present capital
stock of the said corporation is now subject.
Certificate to be Sect. 3. Before the said corporation shall proceed to do
business on said additional capital, a certificate, signed by
the president and directors, and attested by the cashier,
under oath, that the same has actually been paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth.
When to take Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 22, 1851.]
filed.
effect.
Chap 233. An Act to amend some of the Proceedings, Practice and Rules of Evi-
dence of the Courts 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 folloios :
Division of ac- Sect. 1. There shall be only three divisions of personal
tions- actions :
First. — Actions of Contract, which shall include those
1851. Chap. 233. 699
now known as actions of assumpsit, covenant, and debt,
except for penalties.
Second. — Actions of Tort, which shall include those
now known as actions of trespass, trespass on the case, tro-
ver, and all actions for penalties.
Third. — Actions of Replevin.
Sect. 2. The forms of declaring in personal actions, Change in form
which have heretofore been used in this Commonwealth, ° et arms"
shall be changed in the following particulars :
First, the action shall be named in conformity with the Actions, how
, -, .,,,... named.
above described division.
Secondly, no averment shall be made which the law does Averments,
not require to be proved.
Thirdly, only the substantive facts necessary to consti- Statement of
tute the cause of action shall be stated, without unnecessary dCtSl*
verbiage, and with substantial certainty.
Fourthly, one count and no more shall be inserted for One count only
each cause of action, but any number of breaches may be oill^on™'
assigned in each count, and when the nature of the case
shall require it, breaches may be assigned in the alternative.
Fifthly, any number of counts for different causes of ac- Any number of
tion, belonging to the same division of actions, may be fa^causesof
inserted in the same declaration. Actions of contract and action,
actions of tort shall not be joined ; but when it is deemed
doubtful to which of those classes of actions a particular
cause of action belongs, a count in contract may be joined Joinder of ac-
with a count in tort, averring that both are for one and the
same cause of action.
Sixthly, the common counts shall not be used unitedly, Common counts
as heretofore, but each one of those counts, in the form nottobeumle •
hereafter prescribed, may be used, when the natural import
of its terms correctly describes the cause of action.
Seventhly, a count on an account annexed, in the form when a count
hereafter prescribed, may be used in an action of contract, nexed^ay ™*
when two or more items are claimed, which would be cor- used,
rectly described by either of the common counts, according
to the natural import of its terms.
Eighthly, the form of declaration heretofore used in the Declaration in
action of trover is abolished, and in place thereof shall be
used the form hereafter prescribed.
Ninthly, all written instruments, except policies of in- Written instru-
surance, shall be declared on, or availed of, in the answer ™aredf0n7
or subsequent allegation, by setting out a copy thereof, or
of such part as is relied on, with proper averments to de-
scribe the cause of action or the defence. If the whole
contract shall not be set out, a copy thereof, or the original,
shall be filed as the court shall direct; and, where it may
700
1851.-
■Chap. 233.
Mode of de-
claring' on con-
ditional obliga-
tions, &c.
In real actions
founded on
mortgage.
Parties several-
ly liable upon
contracts may
all be joined in
one action.
When bill of
particulars to be
filed.
Items to be
numbered con-
secutively.
When and on
what terms
counts in the
declaration may
be stricken out.
be necessary, the copy so filed shall be part of the record,
if the court shall so order, as if oyer had been granted of a
deed declared on according to the common law, but no
profert, or excuse therefor, need be inserted in any declara-
tion.
Tenthly, when a bond, or other conditional obligation,
contract, or grant, shall be declared on, or when any condi-
tional obligation, contract or grant shall be availed of in
the answer or subsequent allegation, the condition shall be
deemed part of the obligation, contract or grant, and shall
be set forth, and any breaches relied on shall be assigned ;
and the conditions precedent, if any, to the right of the
party relying thereon, shall be averred by him to have been
performed, or his excuse, if any, for the non-performance
thereof stated. And in real actions founded on mortgage
titles, the declaration shall allege the seisin to be "in mort-
gage."
Sect. 3. Persons severally liable upon contracts in writ-
ing, including all parties to bills of exchange and promissory
notes, may all, or any of them, be joined in the same action.
The declaration may include one count only, describing
the several contracts of the defendants, when the same
contract was made by each, or different counts, describing
the different contracts of the defendants, when, as in the
case of maker and indorser, the same contract was not
made by all. The court shall take such order for the sep-
arate trial of the issues, if any, as shall be found most con-
venient, and shall enter several judgments according to the
several contracts of the defendants, and issue executions
thereon.
Sect. 4. In actions of contract, when either of the com-
mon counts is used, the plaintiff shall file a bill of particu-
lars with his writ, when the action shall be entered, and in
all cases the court may order either party to file a statement
of such particulars as may be necessary to give the other
party and the court reasonable knowledge of the nature and
grounds of the action or defence. And whenever such bill
of particulars shall be filed, the items therein shall be num-
bered consecutively, and it shall be deemed to be part of
the record, and shall be answered or replied to as such.
Sect. 5. If the plaintiff shall fail to give evidence at the
trial, in support of any count in the declaration not wholly
or partly confessed by the answer, it shall forthwith be
stricken out, and costs taxed for the defendant, for an an-
swer, term fee, and any witnesses summoned by the defend-
ant to testify concerning the cause of action alleged in such
count. And the court may, either of its own motion, or
1851. Chap. 233. 701
upon motion of a party, require unnecessary counts and
statements to be stricken out of a declaration or any subse-
quent proceeding, and it may impose such terms as may be
deemed reasonable.
Sect. 6. None of the provisions herein contained shall Rulesofevi-
be deemed to change any of the rules of evidence, or the changed.
measure of damages, or the jurisdiction of any court, or the
locality of any action, except so far as the same may be
herein specially provided for.
Sect. 7. In actions of contract and actions of tort, the When writ need
writ need not contain any declaration, nor any description ciaratioa"1
of the cause of action, other than the name of the form of
action in which it is intended to declare, unless an arrest of
the person shall be made.
Sect. 8. If an arrest of the person shall be made, the Declaration in
declaration shall be inserted in the writ, or if an attachment andV/awach-
of property shall be made, the declaration, if not inserted in mem.
the writ, shall be filed in the clerk's office into which the
writ is returnable, within three days from the day when
such writ shall be served by attachment of property ; or, if
no arrest or attachment shall be made, within fourteen days
from the date of the writ, and not afterwards.
Sect. 9. All original writs, writs of scire facias, and Return days of
writs of execution, returnable into the supreme judicial v,nl*~~
court, or court of common pleas in each county, whether
such court be then in session or not, shall be made returna- g'ufibik^TNan-
ble on the following return days, viz. : — In the counties of tucket, Hamp-
SmTolk, Nantucket, Dukes County and Hampden, on the county,
first Monday of every month ; in the county of Essex, on Essex.
the Tuesday following the third Monday of March, the
eighth Tuesday next after the first Tuesday of March, the
Tuesday following the third Monday of June, the Tuesday
following the third Monday of September, the sixth Tues-
day next after the fourth Tuesday of September, and the
Tuesday following the third Monday of December ; in the
county of Middlesex, on' the fourth Tuesday of January, Middlesex.
the Tuesday after the second Monday of March, the second
Tuesday of April, the Tuesday after the second Monday of
June, the fourth Tuesday of July, the Tuesday after the
first Monday of September, the third Tuesday next after
the fourth Tuesday of September, and the Tuesday after
the second Monday of December ; in the county of Nor- Norfolk.
folk, on the third Tuesday of February, the Tuesday after
the fourth Monday of April, the Tuesday after the third
Monday of September, and the Tuesday after the third
Monday of December ; in the county of Plymouth, on the Plymouth,
second Mondays of April and August, the first Monday
702
1851.
-Chap. 233.
Barnstable.
Bristol.
Worcester.
Hampshire.
Franklin.
Berkshire.
Writs that re-
quire to be
served fourteen
days before re-
turn day, when
returnable.
Return day for
executions.
For special
writs.
Entry of action.
Proceedings
when no decla-
ration has been
filed.
of December, and the tenth Thursday next after the first
Thursday of March ; in the county of Barnstable, on the
Tuesday next after the first Monday of April, and the first
Tuesday of September ; in the county of Bristol, on the
second Mondays of March, June, September and December ;
in the county of Worcester, on the first Monday of March,
the third Monday of June, the Monday next after the fourth
Monday of August, and the first Monday of December ; in
the county of Hampshire, on the first Monday of June and
the third Mondays of February and October ; in the county
of Franklin, on the third Monday of March and the second
Mondays of August and November ; in the county of Berk-
shire, on the fourth Mondays of February, June and Octo-
ber ; and all such writs shall hereafter be made returnable
on these return days instead of the return days now fixed
by law, which are no longer to be return days of such
writs.
Sect. 10. Original writs and writs of scire facias, which
are required to be served fourteen days before the return
day, shall be made returnable on the return day first occur-
ring next after the expiration of fourteen days from the
date of the writ ; or, if they be required to be served thirty
days before the return day, they shall be made returnable
on the return day first occurring next after the expiration
of thirty days from the date of the writ.
Sect. 11. Writs of execution shall be made returnable
on the second return day next after their date ; but in those
counties in which such second return day shall be more
than sixty days after the date of the writs of execution,
they shall be made returnable in sixty days from their date.
Sect. 12. Special writs, not specified in the ninth sec-
tion, may be made returnable on any return day therein
mentioned, or on the first day of a term as heretofore pro-
vided by law, as the court issuing them may direct ; and if
no direction be given, the same shall be made returnable as
heretofore provided by law.
Sect. 13. On the return of a writ, if a declaration shall
have been inserted therein, or filed pursuant to the eighth
section, the action shall be entered on the docket by the
clerk, upon motion of the plaintiff, or his attorney, made
on the return day, or the next day thereafter, and upon pay-
ment of the fees of the clerk therefor. If no declaration
shall have been filed, or inserted in the writ, the action shall
not be entered, and upon a complaint, as now provided by
law, the defendant shall have judgment for costs. Such
complaint shall be entered within three days after the re-
turn day of the writ, whether the court shall then be in
1851. Chap. 233. 703
session or not, and not afterwards, and the court shall enter
judgment thereon, at the earliest convenient day thereafter.
Sect. 14. The clerk shall note on the docket the date Provisions in
of the entry of each action, and if, at the expiration of fif- fe^ofacUons
teen days from the day of such entry, no affidavit of the
defendant that he verily believes he has a substantial de-
fence and intends to bring the cause to trial, shall have been
filed by the defendant, the clerk shall enter a default ; and
if such affidavit shall have been so filed, a default shall be
entered unless the defendant shall, on or before the next re-
turn day after the entry of the action, file an answer ; or,
if it be a real or mixed action, a plea, or an order of the
court allowing further time ; but the clerk may, on motion
of the plaintiff's attorney, continue an action for judgment
until the next session of the court.
Sect. 15. When a defanlt shall be entered in any real Entry of judg-
action, wherein the demandant shall waive on the record felted aciions
all claim for damages, or in any action of contract to recov- and issue of
,..•> ,, ° . c . j. .- execution.
er liquidated damages, or in any writ of scire Jacias against
bail, or to revive a judgment, and the plaintiff shall have
filed the evidence of his claim, if in writing and not on the
records of the same court, or a particular written statement
thereof, if the evidence be not in writing, the clerk shall
forthwith enter up a judgment upon such default for what
is so confessed, and issue execution therefor, as is now pro-
vided by law in cases of default in open court.
Sect. 16. In cases where an order of notice shall issue Rein™ day of
by reason of the absence of a defendant from the Common- J-"c°r ero
wealth, or other cause, such notice shall be made returnable
on the first return day which shall occur next after the pe-
riod of notice fixed by such order, or at the next term, as
the court shall direct ; and such return day, and the return
day of all summonses to new parties, shall, as to the defend-
ant so notified or summoned, be deemed the return day of
the writ for the purpose of computing the time for an affi-
davit of merits, answering, pleading or suffering a default.
Sect. 17. If no personal service shall have been made Provisions in
on a defendant, and no order of notice or new summons is fluittwhere^o
required by law, a default shall not be entered against him personal service
litis been MtH-iOt
until after the expiration of fifteen days from and after the
return day next following the return day of the wait ; and
any defendant, having no actual notice of the pendency
of the action before suffering a default, may, at any time
within three months after judgment, apply to the court to
set aside such judgment, according to such rules, on that
behalf, as may hereafter be provided by the court- of com-
mon pleas and supreme judicial court, respectively, and the
90
704
1851.— Chap. 233.
When the time
for answering
has been en-
larged.
Trial calendar,
what actions lo
be entered on.
Answer to the
declaration sub-
stituted for gen
eral issue.
Joint answers
and several de-
fences.
What the an-
swer shall deny,
Penial upon
personal knowl-
edge, &.C.
Provisions in re-
spect to answer-
ing the common
counts.
Denial concern-
ing a time, &c.,
to be specific.
Issut iu law,
court may order the same to be set aside, and allow further
time for answering or pleading, as in cases where personal
service of the writ is made.
Sect. 18. When the time for answering or pleading
shall be enlarged by the court, and an answer or plea shall
not be filed before the expiration of such enlarged time, the
clerk shall thereupon enter a default, and proceed as in
other cases of default.
Sect. 19. When a default shall be entered in any ac-
tion, other than those specified in the fifteenth section, and
when any action shall be brought to issue in the manner
hereinafter described, the clerk shall enter the same on the
trial calendar.
Sect. 20. The general issue, as heretofore used in all
actions except real and mixed actions, is abolished, and, in
place thereof, the defendant shall file an answer to the
declaration.
Sect. 21. Two or more defendants, making the same
defence, shall answer jointly. Different consistent defences
may be separately stated in the same answer.
Sect. 22. The answer shall deny, in clear and precise
terms, every substantive fact intended to be denied in each
count of the declaration separately, or shall declare the de-
fendant's ignorance of the fact, so that he can neither ad-
mit, nor deny, but leaves the plaintiff to prove the same.
Sect. 23. The answer shall clearly distinguish between
a denial upon the personal knowledge, and a denial upon
the information and belief of the defendant.
Sect. 24. In answering the common counts and the
count on an account annexed, the defendant shall answer
specifically every item contained in the bill of particulars,
or account annexed, but he may make one and the same
allegation or denial concerning any number of items to
which such allegation or denial is applicable, specifying the
number of the items thus answered together, when less
than the whole. If the defendant shall deny that any item is
due or payable, or that he owes the plaintiff as alleged, he
shall state all the substantive grounds on which he intends
to rest such denial, and shall specify whether some, and
what part, or the whole of such item or demand, is denied.
Sect. 25. In all cases in which a denial is made by
answer, affidavit or otherwise, concerning a time, sum,
quantity or place alleged, the party denying shall declare
whether such denial is applicable to every time, sum, quan-
tity or place, or not, and if not, what time, sum, quantity
or place he admits.
Sect. 26. To raise an issue in law, the answer shall
1851. Chap. 233. 705
contain the statement that the defendant demurs to the howrafced.
declaration, or to some one or more counts therein, as the
case may be, and shall assign specially the causes of de-
murrer.
Sect. 27. The answer shall set forth, in clear and pre- Matter in avoid-
cise terms, each substantive fact intended to be relied upon ^[l[ low
in avoidance of the action ; and when the answer shall set
up the statute of limitations, or the statute of frauds, or
any other legal bar, the defendant shall not be deprived of
the benefit of such defence by reason of his not denying
the facts set forth in the declaration.
Sect. 28. If the answer shall contain new matter in Replication,
avoidance of the action, the plaintiff shall, within twenty and what to
days, or such further time as the court may allow, on cause contain.
shown, file his replication thereto, wherein he shall deny,
in clear and precise terms, each substantive fact intended to
be denied, which is alleged in the answer by way of avoid-
ance, or shall declare his ignorance, so that he can neither
admit nor deny, but leaves the defendant to prove the same ;
and the replication shall clearly distinguish between a de-
nial upon the personal knowledge, and a denial upon the in-
formation and belief of the plaintiff. And the plaintiff
may allege, in clear and precise terms, any substantive
facts by way of avoidance of the new matter contained
in the answer ; and if the plaintiff shall not, within twenty
days, file his replication or an order for further time, a non-
suit shall be entered by the clerk.
Sect. 29. If the plaintiff shall allege in his replication Proceedings
any new matter by way of avoidance, such new matter terls ane^ed.^*
shall be deemed to be denied by the defendant ; but if the
defendant desires to confess and avoid the same by further
allegations, he may do so within ten days after the filing of
the replication.
Sect. 30. The replication may raise an issue in law, How repiica-
by the statement, that the plaintiff demurs to the answer, an'issuTinTaw.
or to so much thereof as applies to one or more counts in
the declaration, as the case may be, assigning specially the
causes of such demurrer ; and in like manner either party
may demur to the allegation of the other party. But no
defect of form merely, either in the declaration or subse-
quent allegation, shall ever be assigned as a cause of de-
murrer. The opposite party shall be deemed to join in de-
murrer, if he shall not amend, which he may do, within
ten days, upon such terms as the court may allow by a gen-
eral rule.
Sect. 31. Demurrers may be for the following, among Causes of de-
J °> " murrer.
other causes : —
706
1851.-
-Chap. 233.
Want of attor-
ney's certifi-
cate.
Improper join-
der of counts.
No legal cause
of action.
No legal de-
fence.
Answer not suf-
ficiently trav-
ersed.
Replication not
suli.ciently
avoided.
Motion in arrest
of judgment,
wlun not al-
lowed.
Jurisdiction of
court, when not
affected.
Demurrer, how
and when heard.
When filial.
When not final
Proceeding
when sustained,
&c.
First, that the declaration, answer or subsequent allega-
tion, is not duly certified by the attorney, if any.
Secondly, that counts in contract, and counts in tort, or
either with replevin, or a count in the plaintiff's own right,
and a count in some representative capacity, are improperly
joined in the declaration.
Thirdly, that the declaration, or some count thereof, as
the case may be, does not state a legal cause of action sub-
stantially in accordance with the rules in this act contained.
Fourthly, that the answer does not state a legal defence
to the declaration, or some count thereof, as the case may
be, substantially in accordance with the rules in this act
contained.
Fifthly, that the answer is not traversed or avoided ei-
ther as to the whole declaration, or some count thereof, as
the case may be, substantially in accordance with the rules
in this act contained.
Sixthly, that an allegation subsequent to the replication
does not avoid the replication, or such part thereof as it
purports to avoid, substantially in accordance with the rules
in this act contained.
And the particulars, in which the alleged defect consists,
shall be specially pointed out.
Sect. 32. No motion in arrest of judgment for any
cause existing before verdict, shall be allowed in any case
where a verdict has been rendered, unless the same affects
the jurisdiction of the court. And when the defendant has
appeared and answered to the merits of the action, no de-
fect in the writ, or other process, by which he has been
brought before the court, or in the service thereof, shall be
deemed to affect the jurisdiction of the court.
Sect. 33. Every demurrer shall, in the first instance,
be heard by a single justice at the first term after the same
shall be taken, or, if taken in term time, during the same
term, if practicable ; and his decision as to the verification
of an allegation, or the misjoinder of counts, shall be final,
an amendment being allowed as hereinafter provided. But
if the cause of demurrer shall be that the facts stated do
not in point of law support or answer the action, and the
party against whom the decision shall be made shall not
pray for leave to amend, the decision of such single justice
shall not be final, but such demurrer may be further heard,
upon appeal or otherwise, as is now provided in respect to
such questions of law. And when a demurrer shall be sus-
tained, overruled, or withdrawn, the court shall make such
order as may be fit respecting the filing of an answer, or
replication, or other allegation, or a trial of the facts. If a
1851. Chap. 233. 707
demurrer shall appear, to the judge who first hears the same, When deemed
to be frivolous, immaterial, or intended for delay, he may, fnvolous' c-
besides overruling the same, order the party to plead or an-
swer, or reply, notwithstanding such party shall claim the
right to be further heard, by appeal or otherwise, on his de-
murrer, and thereupon the case shall proceed to a final
judgment as if no demurrer had been filed, and execution
may be awarded or stayed on such terms as the court may
deem reasonable, as in cases of exceptions adjudged frivo-
lous; and when any demurrer shall be adjudged frivolous,
immaterial or intended for delay, the attorney, certifying
the same, shall be ordered to pay to the adverse party the
sum of ten dollars, and the payment thereof may be en-
forced by process as for a contempt of court.
Sect. 34. An answer or replication may allege facts, Provisions in re-
which have occurred since the institution of the suit, and ocenrring^since
the plaintiff and defendant may be allowed by the court to ^m1mtencement
make a supplemental declaration, answer, or replication,
alleging material facts which have occurred, or come to
the knowledge of the party, since the former declaration,
answer, or replication.
Sect. 35. Either party may allege any fact or title al- Facts may be
ternatively, declaring his belief of one alternative or the ^fyed alterna-
other, and his ignorance whether it be the one or the other.
Sect. 36. The allegations and denials of each party Allegations and
shall be so construed by the court, as to secure, as far as strUed'. °
possible, substantial precision and certainty, and to discour-
age vagueness and loose generalities. Any substantive fact,
alleged with substantial precision and certainty, and not
denied in clear and precise terms, shall be deemed to be
admitted ; but no party shall be required or permitted to Evidence of
state evidence, or to disclose the means by which he in- "ou^bestated!"
tends to prove his case.
Sect. 37. Any defence to any real, personal or mixed Defenceupon
action, which may now be made by plea in abatement, Xi'tement to be
may hereafter be made by answer, containing such allega- made by an-
tions or denials as may be necessary to constitute such de-
fence.
Sect. 38. No action shall be defeated thereby, if the Proceedings
defect found be capable of amendment, and be amended
on such terms as may be prescribed by the court ; and if
any issue of fact be found against the defendant, a final
judgment shall be rendered against him, as is now required
by law in case of a plea in abatement ; and the defendant
shall in no case have liberty to amend such answer in abate-
ment.
Sect. 39. When an answer in abatement shall be over-
708
1851.
-Chap. 233.
When overruled
on demurrer,
&c.
Certificate of
attorney to dec-
laration, &c.
Suit, when
deemed at is-
When and for
what amend-
ments may be
allowed.
Misdescription
of action, effect
of.
Courts to frame
rules, prescrib-
ing terms on
which amend-
ruled on demurrer, or an amendment shall be allowed and
made by the plaintiff, in consequence of such answer in
abatement, the defendant shall then answer, or in a real or
mixed action plead, to the merits, within such time as the
court shall order.
Sect. 40. When an attorney shall be employed by the
plaintiff, he shall certify at the foot of the declaration, or,
if by the defendant, at the foot of the answer or plea, that
he has investigated the cause of action declared on, or the
defence set forth, as the case may be, and is of opinion that
it is a fit subject for judicial inquiry and trial ; and when
any demurrer shall be taken, the attorney, if any, shall
certify at the foot of the demurrer, that he is of opinion
that there is such probable ground in law for the demurrer,
as to make it a fit subject for judicial inquiry and trial, and
that it is not intended merely for delay.
Sect. 41. A suit shall be deemed at issue, when the
allegations are closed, or if the same be a real or mixed ac-
tion, when the plea is filed ; and when thus at issue, either
upon the law or facts, or both, the clerk shall enter the
same upon the calendar for trial.
Sect. 42. In any stage of a suit before final judgment,
the court may allow any amendment to enable the plaintiff
to sustain the action for the same cause for which it was
brought, or to enable the defendant to make a legal defence
thereto ; and any necessary party may be brought before
the court, and joined as a plaintiff or defendant, in the
manner provided in the one hundredth chapter of the Re-
vised Statutes.
Sect. 43. The cause of action shall be deemed to be
the same for which the action was brought, when it shall
be made to appear to the court, that in point of fact it is
the cause of action relied on by the plaintiff when the ac-
tion was commenced, however the same may be misde-
scribed ; and the adjudication of the court allowing the
amendment, shall be conclusive evidence of the identity of
the cause of action. But no subsequent attaching creditor,
or purchaser of any property attached in the suit, or bail,
or any person other than the parties to the record, shall be
bound by such adjudication, unless he shall have had due
notice of the application for leave to amend, and opportu-
nity to be heard thereon, according to an order of notice to
that effect, to be issued by the court when applied for by
the plaintiff.
Sect. 44. It shall be the duty of the supreme court and
court of common pleas respectively, to frame and promul-
gate, and from time to time, as may be needful, change
1851.— Chap. 233. 709
rules prescribing the terms upon which amendments will mentswiii be ai-
be allowed by the court, or some justice thereof, or upon ,ovved-
which unnecessary counts and statements will be stricken
out of the record ; which rules shall, as far as possible, be
adapted to discourage negligence and deceit, to prevent de-
lay, to secure parties from being misled, to place the party
not in fault as nearly as possible in the same condition he
would have been in if no mistake had been made, to distin-
guish between form and substance, and to afford known,
fixed and certain requisitions, in place of the discretion of
the court, or some justice thereof.
Sect. 45. All orders allowing amendments before trial, Orders allowing
or a supplemental answer or replication, or further allega- amen(imeills>
rr . -1 ' & &c, when may
tion, or enlarging time, and any other interlocutory order be made,
necessary to prepare the case for a trial, may be made ei-
ther by the court while in session, or any justice thereof,
in any county, either in term time or vacation ; but the sev-
eral courts shall prescribe such fixed rules respecting no-
tice, and the times and places for motions at chambers, and
other matters, as they shall from time to time deem neces-
sary.
Sect. 46. Any of the orders mentioned in the preced- May be entered
ing section may be entered by consent in writing, signed s^,twrfUeDtC011"
by the parties or their attorneys ; and all agreements of Agreements
attorneys touching any suit or proceeding shall be in writ- touching any
ing, otherwise they shall be of no validity. writing-.
Sect. 47. When the defendant relies on any claim bv „ ,.
c re _ J J I roceedings in
way of set-ofi, he shall file, with his answer, a declaration relation to mat-
adapted to such claim, entitling it a declaration in set-off, lers of set off"
and all the subsequent allegations respecting the same shall
be governed by the rules herein prescribed, as if an action
had been brought for such claim.
Sect. 48. Actions of replevin shall be commenced as Replevin, action
heretofore, but the return day of the writ, the entry thereof, fenced c°m"
and the proceedings therein, shall be in conformity with
the rules herein prescribed ; the allegation in the writ re-
specting the taking or detention, or both, shall be made
conformable to the fact intended to be alleged ; and the
facts stated in the writ shall be verified by certificate
of the attorney, if any, as in other cases.
Sect. 49. Writs of scire facias shall issue as hereto- Proceedings on
fore, but the return day of the writ, the entry thereof, and JJJ
the proceedings therein, shall be in conformity with the
rules herein prescribed. The allegations in such writs
shall be made conformable to the facts intended to be al-
leged, and they shall be verified by certificate of the attor-
ney, if any, as in other cases.
writs of scire
facias.
710
1851.-
-Chap. 233.
Proceeding's on
special writs.
When a writ of
mandamus
shall issue.
No action for a
false return to
such writ.
Claimant of any
interest in the
subject matter
of the writ may
be cited to
show cause.
&.C.
When such
writ shall not
abate by reason
of death, &c.
Person injured
by any private
corporation
may apply for
writ of quo
warranto.
Sect. 50. Special writs, not herein particularly pro-
vided for, shall issue as heretofore ; but the court shall, by
special orders, conform the proceedings therein, as nearly as
may be, to the rules herein contained, so far as the same shall
be conveniently applicable thereto. And in all cases where
third persons are summoned in to maintain any right in-
volved in any suit or proceeding, the court shall take such
order respecting the allegations and other proceedings as
shall be in conformity with this statute, so far as the same
can conveniently be done.
Sect. 51. When a writ of mandamus shall issue, the
person required to make return to such writ shall make his
return to the first writ of mandamus, and the person suing
such writ may, by an answer, traverse any material facts
contained in such return, or demur thereto, and the parties
having come to issue in the manner pointed out in this act,
the same shall be tried, and if the party suing the writ
shall maintain the issue on his part, his damages, if any,
shall be assessed, and a judgment rendered that he recover
the same with costs, and that a peremptory writ of manda-
mus be granted ; otherwise the party making the return
shall recover his costs.
Sect. 52. No action for a false return to a writ of man-
damus shall hereafter be maintained.
Sect. 53. The court may make rules, not only on a peti-
tion for a writ of mandamus, but upon and after the issuing
of the first writ of mandamus, calling upon any person, other
than the party to whom such writ is prayed to be, or has
been, directed, having or claiming any right or interest in
the subject matter of such writ, to show cause against the
issuing of such writ : and upon the appearance of such
person, he shall be heard in such manner as the court may
direct, and in fit cases, may be allowed to frame and sign
the return to such first writ of mandamus, and to stand as
the real party in the proceedings.
Sect. 54. In case any third person shall be admitted as
the real party, as is provided in the preceding section, the
proceedings on such writ shall not abate, or be discontin-
ued, by the death, resignation or removal from office, by
lapse of time, or otherwise, of the person to whom such
writ was directed, and any peremptory writ shall be di-
rected to his successor.
Sect. 55. Any person whose private right or interest
has been injured, or is put in hazard, by the exercise, by
any private corporation or any persons claiming to be a
private corporation, of a franchise or privilege not conferred
by law, whether such person be a member of such corpo-
1851. Chap. 233. 711
ration or not, may apply to the supreme judicial court for
leave to file an information in the nature of a quo loar-
ranto.
Sect. 56. Such application may be made and heard in Howsuchap-
any county where the court is in session, either by a single fimaS.™8,7
judge or the full court, and such information shall be veri-
fied by the complainant and his attorney as is herein pro-
vided respecting declarations.
Sect. 57. Upon the application for leave to file such Proceedings
information, the court shall take order for a summary hear- Eu?on.h ap"
ing of the parties upon such application ; and if there shall
appear probable cause to believe that the party complained
of has exercised a franchise or privilege not conferred by
law, and that thereby the private right or interest of the
complainant has been injured, or is put in hazard, leave
shall be granted to file such information.
Sect. 58. Such information shall be filed in the county information,
where the party defendant has its principal place of busi- fiiecUnd how
ness ; and a copv of the information, with an order of notice shall be
served
notice thereon, returnable, and to be served, when and as
the court shall in such order direct, shall be served on the
defendant.
Sect. 59. The court shall have power, when leave is When and for
given to file such information, or at any time before final injunction may
judgment, to issue a writ of injunction, restraining the issue against
j o j J ' _ ° party com-
party complained of, and its managers, servants and agents, plained of.
from exercising the franchise or privilege in question, until
the further order of the court.
Sect. 60. If, upon such information, the attorney gen- What judgment
eral shall not have intervened, as is hereinafter provided, J auomVgen-
and it shall be determined that the party complained of eral do not m-
, ■ i r- i • • -1 * c iui tervene, &c,
has exercised a franchise or privilege not conferred by law,
no judgment of forfeiture shall be entered, but the judg-
ment shall be, that the corporation, if any, or the persons
claiming to be a corporation, be perpetually excluded from
such franchise or privilege, and that the directors, managers
or agents, by whom such usurpation was made, do pay the
legal costs of the proceeding, to be recovered by the com-
plainant.
Sect. 61. If, upon such information, it shall be ad- When defend-
judged that the party complained of has not exercised any cover costs.
franchise or privilege not conferred by law, the defendant
shall recover against the complainant the legal costs of the
proceeding.
Sect. 62. The costs shall be the same as are allowed What rosta
. 1 allowed.
in actions at law.
Sect. 63. When an order of notice shall issue upon
91
712
1851.
-Chap. 233.
Attorney gen-
eral to be
served with
copy of infor-
mation.
Proceeding's
when he shall
intervene.
His duty to
proceed ex
officio, not
affected.
How far fore-
going provisions
deemed appli-
cable to real
and mixed
actions.
Upon an ad-
verse claim of
title, when and
how party in
possession of
real estate may
proceed.
Proceedings
upon appear-
ance of re-
spondent.
any such information, it shall be a part of such order, that
a copy of such information he served on the attorney gen-
eral within such time as the court shall direct, and it shall
be lawful for the attorney general, when he shall have
good reason to believe there has been a usurpation of a
franchise or privilege not conferred by law, to intervene
and demand a judgment of fine and forfeiture ; and in such
case he shall have the control of all future proceedings,
and the court shall enter such judgment as may be required
by the principles of the common law ; but the complainant
in such case shall no longer be responsible for costs.
Sect. 64. Nothing herein contained shall be deemed to
affect the duty of the attorney general hereafter to proceed
ex officio, in all cases in which he may now so proceed by
law, nor to deprive any individual of the right to file an
information respecting the election or admission of an offi-
cer or member of a corporation.
Sect. 65. None of the foregoing provisions, except
those contained in sections nine, ten, eleven, thirteen, six-
teen, seventeen, eighteen, thirty-one, thirty-two, thirty-
three, thirty-eight, thirty-nine, forty, forty-two, forty-three,
forty-four, forty-five and forty-six, shall be deemed appli-
cable to real or mixed actions, unless specially named.
Sect. 66. Any person in possession of real property,
claiming an estate of freehold, or an unexpired term of not
less than ten years, may file a petition in the supreme judi-
cial court, setting forth his estate, whether of inheritance,
for life or years, and describing the premises, and averring
that he is credibly informed and believes, that the respond-
ent makes some claim adverse to the estate of the petitioner,
and praying that he may be summoned to show cause,
why he should not bring an action to try the alleged title,
if any. And thereupon the court shall order notice to be
given to the respondent, and upon return of such order of
notice duly executed, if the respondent so summoned shall
make default, or, having appeared, shall disobey the lawful
order of the court to bring an action and try the title, the
court shall enter a decree, that he be forever debarred and
estopped from having or claiming any right or title, adverse
to the petitioner, to the premises described.
Sect. 67. If the respondent shall appear and disclaim
all right and title adverse to the petitioner, he shall recover
his costs. If he shall claim title, he shall by answer show
cause why he should not be required to bring an action
and try such title, and the court shall make such decree
respecting the bringing and prosecuting of such action as
may seem equitable and just.
1851. Chap. 233. 713
Sect. 68. When a real action shall be brought to fore- Proceedings to
close a mortgage, and the demandant shall, at the time of Jjjjjjl^y
entering his action, file his mortgage deed, and the note, reaiacuou,
bond or other contract, if any, secured thereby, together
with his affidavit setting forth his title, the breach of con-
dition, and the amount due, if liquidated, the clerk shall
enter a default and a conditional judgment thereon, and
issue execution according to law, unless the tenant, within
fifteen days after the return day of the writ, shall file his
counter affidavit, denying the demandant's title, or the
breach of condition alleged, or the amount due, in which
case the action shall be placed on the calendar for trial.
If the denial of the tenant extends only to part of the
sum alleged to be due, the demandant, if he so elect, and
his title is admitted, may take judgment for the amount
not denied. If the tenant in the action shall not be seized
in fee simple in possession of the whole equity of redemp-
tion of the land demanded, no decree for a sale shall be
made until all parties interested in such equity of redemp-
tion, and whose estate or interest therein would be affected
by such sale, including any married woman having a right
or possibility of dower, shall have been summoned to ap-
pear, and shall have had due opportunity to be heard, ac-
cording to the order of the court.
Sect. 69. In all cases in which a power of sale is con- Proceedings
tained in a mortgage of real property, when a conditional ofsaie is°con-
judgment has been entered, the demandant may, if he so lained in a
elect, instead of a writ of possession, have a decree en- m
tered, that the property be sold pursuant to the power of sale
in the deed of mortgage ; and thereupon the demandant
shall give such notices, and do all such acts as are author-
ized and required by such power. And if the deed of Effect of sale
mortgage containing such power of sale was executed by uPondower-
a man having at the time no lawful wife, or if, being mar-
ried, the wife of the mortgagor joined in such deed in
token of her release of dower, such sale shall be effectual
to bar all claim and possibility of dower in the land so
mortgaged.
Sect. 70. The party so selling shall, within ten days Report of sale
after such sale, make a report thereof and of his doings to fiJedVprocecd-
the court, under his oath, and file the same in the clerk's ™g* thereon.
office, and the same may be confirmed and allowed, or set
aside and a resale ordered, as to the court shall seem law-
ful. Any person interested may intervene or be summoned
and heard on such proceedings, and the order of the court
confirming the sale, shall be conclusive evidence as against
all persons that the power of sale was duly executed.
714
1851.-
-Chap. 233.
When writ of
injunction may
issue to stay
waste.
Proceedings,
when demand-
ant in any real
or mixed action
shall die before
judgment.
Trustee, when
to appear and
answer ; what
the answer
shall disclose.
Trustee may be
examined upon
written inter-
rogatories.
Effect of neg-
lect to answer.
Costs, when
trustee is de-
faulted.
When entry
may be made
into lands and
tenements and
how.
Sect. 71. When any real action shall be brought to fore-
close a mortgage, the court, or any justice thereof, may, on
the application of the demandant, either in term time or
vacation, and in any county, issue a writ of injunction to
stay any waste committed or threatened by the defendant,
or any one claiming under him, or acting by his permis-
sion, on the land mortgaged.
Sect. 72. In all real and mixed actions, if the demand-
ant shall die before final judgment, his devisee of the land
demanded, or right of action, if any, at the same term
when the death is suggested, or within such further time
as the court shall allow, may appear and prosecute the suit
in the same manner as if it had been originally commenced
by him. And if the first estate in possession under the
devise shall not be a fee simple, the devisee of the first
freehold estate in possession, shall have the right to appear
and prosecute as aforesaid, and the judgment, if in his
favor, shall be conformed to his title.
Sect. 73. Any person summoned as a trustee shall ap-
pear and file his answer within fifteen days after the return
day of the writ, otherwise he shall be defaulted and ad-
judged a trustee. Such answer shall disclose, as plainly,
fully and particularly as is in his power, what goods, effects
or credits of the principal, if any, were in his hands or
possession at the time of the service of the writ upon him,
and shall be sworn to by the trustee.
Sect. 74. The plaintiff may, from time to time, exam-
ine the supposed trustee upon written interrogatories, to be
filed in the clerk's office ; and the answer thereto shall be
sworn to and filed- in the clerk's office within ten days
alter notice to the supposed trustee, or his attorney, of the
filing of the interrogatories, unless the court, or some jus-
tice thereof, shall grant further time therefor. And if such
answers are not so filed, the clerk shall, upon proof of such
notice, enter a default, and a decree that the person so in
default is adjudged a trustee.
Sect. 75. If any trustee shall be so defaulted, and a
scire facias shall be sued and prosecuted against him, it
shall be in the power of the court to make such order con-
cerning the costs, as they may now do, when the supposed
trustee is defaulted, according to the fifty-ninth section of
the one hundred and ninth chapter of the Revised Statutes.
Sect. 76. No person shall make any entry into any
lands or tenements, except in cases where his entry is al-
lowed by law ; and, in such cases, he shall not enter with
force, but in a peaceable manner.
Sect. 77. When any forcible entry shall be made, or
1851. Chap. 233. 715
when an entry shall he made in a peaceable manner, and Party forcibly
the possession shall be held by force, the person forcibly STuT'o^pol
put out. or held out of possession, may be restored thereto session may be
. . , . /.' • i j restored there.
in the manner hereinafter provided.
Sect. 78. No such restitution shall be made of any Whenrestitu-
lands or tenements of which the party complained of, or m°and *ba11 not be
his ancestors, or they whose estate he has in the premises,
have been in the quiet possession for three years next
before the filing of the complaint.
Sect. 79. The person aggrieved shall make a complaint Proceedings to
* . , . °r . , , i obtain restitu-
in writing to any trial justice in the county where the tion
premises are situated ; and the complaint shall state, with
convenient certainty, the forcible entry or detainer com-
plained of, and the estate of the complainant, whether of
inheritance, or for term of life, or years.
Sect. SO. Such justice shall thereupon issue a warrant Justice to issue
to the sheriff or his deputy, or to any coroner of the coun- JwXemenas
ty, as the case may require, commanding him to cause to jurors.
come before him, at a time and place expressed in the war-
rant, twelve men duly qualified to serve as jurors, to be em-
pannelled and sworn to inquire into the forcible entry or
detainer complained of. And the said jurors shall be drawn,
and required to attend, in the manner provided in the
twenty-fourth chapter of the Revised Statutes.
Sect. 81. Such justice shall also issue a precept to the Precept to sum-
officer, commanding him to summon the party complained Kj^^.. y
of, to appear at the time and place appointed for the trial,
to answer to the said complaint ; in which precept shall
be recited the complaint, or the substance thereof.
Sect. 82. The said precept shall be served seven days Service of pre-
at least before the time appointed for the trial, by reading Unmade"
it to the party complained of, or by delivering to him a
copy thereof, or by leaving such copy at his last and usual
place of abode.
Sect. S3. The respondent shall not be required to Respondent
make any plea or answer in writing ; and if he shall neg- "ransom1
lect to appear, the justice shall nevertheless empannel the writing.
jury, and proceed in the inquiry in the same manner as if
he were present.
Sect. 84. The jurors shall be sworn by the said jus- Jurors to be
tice, well and truly to try whether the complaint laid be- s'
fore them is true, according to the evidence given them.
Sect. 85. If, by reason of challenges or otherwise, Talesmen. when
there shall not be a full jury, the justice shall cause others turned.
to be returned from the bystanders, in the manner provided
in the ninety-fifth chapter of the Revised Statutes.
Sect. 86. If the jury, after a full hearing of the cause,
716 1851.— — Chap. 233.
Verdict of the shall find that the complaint laid before them is proved by
ieturneTt0be the evidence, they shall all sign a verdict to that effect,
and deliver it to the justice ; otherwise they shall return a
verdict orally by the foreman whom they shall appoint,
that the complaint is not proved.
Substance of Sect. 87. The verdict, if in favor of the complainant,
fevwo'f The" m snaU set forth in substance, that, at a court of inquiry held
complainant, before the justice, at such a time and place, upon the com-
plaint of A. B. against C. D. of a forcible entry upon (or a
forcible detainer of) certain lands or tenements, the jurors
upon their oaths do find that the said lands or tenements
described in the complaint, (or a part thereof, which part
shall be described in the verdict,) were, on such a day, in
the possession of the said A. B., and that the said C. D.
did on that day forcibly enter thereon, and expel the said
A. B. ; or, if a forcible detainer only is proved, they shall
say, that the said C. D., on such a day, being in possession
of the premises, did unlawfully and forcibly detain the
same from the said A. B., who was lawfully entitled to the
possession thereof. Wherefore the jurors find that the said
A. B. ought to have restitution thereof without delay.
Judgment of Sect. 88. The justice shall enter judgment according
to^rintered^ to tne verdict ; and if it is in favor of the complainant,
the judgment shall be for restitution of the premises, with
his legal costs ; and if it is in favor of the respondent, and
if he appeared and answered to the suit, he shall recover
his legal costs against the complainant, and shall have exe-
cution therefor.
Charges of the Sect. 89. All the legal charges of the suit, including
vance°dhbyacom- tne PaY °f tne Jnrors for their travel and attendance as in
piainant. What other courts, shall be advanced and paid by the complain-
taxed.° e ant ; an(l ^ ne prevails in the suit, they shall be taxed,
with his other costs, to be recovered against the respond-
ent ; and the costs for either party shall be the same as are
allowed for the like particulars in civil actions before a
justice of the peace.
Writ of resiim- Sect. 90. If the judgment is in favor of the complain-
tion to issue, if aut t}ie iustice shall issue a writ of restitution, in substance
judgment be for ' •> ' .
complainant— as follows, to wit : reciting, that at a court of inquiry held
before him, at such a time and place, upon the complaint of
A. B. against C. D., of a forcible entry upon (or a forcible
detainer of) certain lands or tenements, the jurors empan-
nelled and sworn to try the said complaint did return their
verdict in writing, and did therein find, &c, then setting
forth in the writ of restitution the whole substance of the
verdict, and also giving a description of the premises to be
restored, if they are not described in the verdict ; and re-
Substance of
the writ.
1851. Chap. 233. 717
citing, that it was thereupon considered by the said justice
that the said A. B. should have restitution of the same ; the
writ shall then proceed to command the officer, that, taking
with him the power of the county, if necessary, he cause
the said C. D. to be forthwith removed from the premises,
and the said A. B. to have restitution and peaceable posses-
sion thereof; and also, that he levy of the goods, chattels
or lands of the said C. D. such a sum, being the costs taxed
against him, together with the charges for the writ of resti-
tution, and the officer's fees for serving the same ; and for
want of such goods, chattels or lands, to be found by the
officer, that he take the body of the said C. D., and commit
him to the common jail, there to remain until " he pay the
several sums aforesaid, with all fees arising from such com-
mitment, or until he is delivered by order of law : and the
said writ shall be made returnable to the said justice within
fourteen days next following its date.
Sect. 91. All the writs, warrants and precepts, issued Process to run
by any justice in the course of any such proceedings for "he Common°-
forcible entry and detainer, shall be in the name of the wealth.
Commonwealth, and shall be sealed by the justice, and
signed by him, and shall be duly served and returned by
the officer to whom they shall be directed and delivered.
Sect. 92. No appeal shall be allowed from the judgment Removal of pro-
of the justice; but the proceedings may be removed by supreme court
writ of certiorari into the supreme judicial court, and be by certiorari.
there quashed or affirmed, as law and justice shall require.
Sect. 93. The judgment of the justice shall not be a To what subse-
bar to any action to be thereafter brought by either party, ^"mentThaii
whether it be to recover possession of the premises, or to not be a bar.
recover damages for any trespass thereon.
Sect. 94. If any such process of forcible entry or de- Policecourts
tainer shall be commenced in the city of Boston, or in any couristo^ave
other place, in or for which a police court, or justice's samejurisdic-
court, is or may be established with jurisdiction of common uces. * ' J
civil actions, which are triable before a trial justice, the
complaint may be filed, and all the proceedings thereupon
may be- had, before such police court or justice's court, in
like manner as when the suit is prosecuted before a trial
justice, as before provided.
Sect. 95. So much of the one hundred and fourth Repeal of pans
chapter of the Revised Statutes as relates to forcible entry g,g4thch-0'
and detainer, or either of them, is hereby repealed, saving,
however, the rights of all persons which have been acquired
under the law thus repealed, and all pending proceedings
founded thereon, which may be prosecuted to final judg-
ment, as if such repeal had not been made.
718 1851. -Chap. 233.
Proceedings in Sect. 96. If any excessive attachment of goods or es-
sive^uLhment. tate s,ia^ be ma(^e on a writ in any civil action, the defend-
ant may apply in writing, in any county, to any justice of
the court into which such writ is returnable, for a reduction
of the amount of such attachment, and such justice shall
order a notice to the plaintiff, returnable before himself or
any other justice of the same court, where and as speedily
as circumstances may permit ; and if, upon summarily hear-
ing the parties, it shall be found that the attachment is ex-
cessive, he shall order it to be reduced, or a part of the
goods or estate to be released, and thereafter the attachment
shall be deemed to be reduced or partially released, accord-
ing to such order.
Witness not to Sect. 97. No person offered as a witness shall be ex-
ffroundofinter- eluded from giving evidence, either in person or by deposi-
tor convic- tion, in any proceeding, civil or criminal, in any court, or
uonof a crime. before any person having authority to receive evidence, by
reason of incapacity from crime or interest ; but every per-
son so offered shall be admitted to give evidence, notwith-
standing he may have an interest in the matter in question,
or may have been previously convicted of any offence ; but
Party to a suit tli is act shall not render competent any party to a suit or
nor the hul'hand proceeding who is not now by law rendered competent, nor
or wife of such the husband or wife of any such party. But nothing here-
Par'y- jn contained shall be deemed applicable to the attesting
witnesses to any will or codicil. And the conviction of any
crime may be shown, to affect the credibility of any person
testifying,
interrogatories Sect. 98. In all civil actions, the plaintiff may, at any
foMnTcnscov'1" tmie aI^ter the entry of the action, and the defendant at any
ery of facts, &c time after answer, or, if it be a real or mixed action, after
bTanswered' on plea, and before the case is opened to the jury, file in the
oath- clerk's office interrogatories for the discovery of facts and
documents material to the support or defence of the suit, to
be answered on oath by the adverse party. If such party
be not resident within this Commonwealth, he shall not be
required to answer the same without a special order of the
court, or some justice thereof, to be moved for and obtained
on notice.
Commission Sect. 99. When an order to examine a party out of the
may issue tor Commonwealth shall be made, a commission may issue,
the examination . ' J '
of a party out having the interrogatories annexed, and authorizing any
monweahh! person or officer named in the commission to take the signa-
ture and oath to the answers.
Affidavit to be Sect. 100. To all such interrogatories there shall be
interrogatories3, annexed an affidavit of the interrogating party himself, if
resident within the Commonwealth, or of the party or his
1851. Chap. 233. 719
attorney, if the party reside out of the Commonwealth, to
the effect that he has reason to believe that the party inter-
rogating will derive some material benefit in the action from
the discovery which he seeks, if the same be fairly made,
and that the discovery is not sought for the purpose of de-
lay.
Sect. 101. All such interrogatories shall be answered, Such interroga-
and such answers filed in the clerk's office, within ten days SwceredVhhfn"
after the same are notified to the party interrogated or his ten days,
attorney, unless, upon cause shown, either before or after
the lapse of ten days, farther time should be allowed by the
court.
Sect. 102. No trial shall be delayed for the reason that No trial to he
interrogatories have been filed, and the ten days allowed reason that^ the
for answering the same have not elapsed, but the court ten days have
,, . i . , . . , . , r not elapsed.
may allow an examination during the trial, as is hereinafter
provided.
Sect. 103. The answers shall be in writing, signed by, Answers to he
j it. .i r -i in writing, and
and upon the oath of, the party. swomto
Sect. 104. Each interrogatory shall be answered separ- Each interroga-
ately and fully ; the party interrogated may introduce into swered separ"-
his answer any matter explanatory of his admissions or de- a'eiy-
nials, if relevant to the interrogatory which he is answering,
but not otherwise.
Sect. 105. When any document, book, voucher, or Provisions in
other writing, called for by any interrogatory, contains any pTnsof any°
matters not pertinent to the subject matter of the action, book> &c- a?
the answer may so state, and that such part has been sealed nent to subject
up, or otherwise protected from examination, and thereupon
such part shall not be inspected by the party interrogating ;
but such party may apply to the court, and obtain an order
to have liberty to inspect the part so protected from exam-
ination, or so much thereof as the court shall find, on hear-
ing the parties, or, if necessary, by inspecting the part so
protected, was improperly withheld and concealed.
Sect. 106. The party interrogated shall not be obliged What answers,
. . i t ,, disclosures, &c.
to answer any question, or produce any document, the an- party imermga-
swering or producing of which would tend to criminate 'ed sl]a" "ot,be
, . , J? ,\ , , ? . , i-ii bound to make.
himself, or disclose his title to any property, the title where-
of is not material to the trial of the action in the course of
which he is interrogated, or to disclose the names of the
witnesses by whom, or in the manner in which, he proposes
to prove his own case.
Sect. 107. If any answer shall contain irrelevant mat- Proceedings
ter, or shall not be full and clear, or if any interrogatory sVe" contains
shall not be answered, and the party interrogated shall re- irrelevant mat-
« -i • i ter, or is lmper-
fuse to expunge, or amend, or to answer a particular inter- feet.
92
matter of the
action.
720 1851.- Chap. 233.
rogatory, the court, or any justice thereof, on motion, may
order such irrelevant matter to be expunged, or such imper-
fect answer to be made full and clear, or such interrogatory
to be answered, within such time as may seem reasonable.
Costs in such Sect. 108. When an answer shall be adjudged irrele-
vant, or insufficient, or when a party shall be ordered to
answer any interrogatory, the court may make such order
respecting costs, either in the action, or otherwise, as the
court may by general rules direct, or as may be specially
ordered in each case.
Party neglect- Sect. 109. If any party shall neglect or refuse to ex-
wlhfoiegoiiig Pnnoe? amend, or answer, according to the requisition of
provisions may this act, the court may enter a nonsuit or default, as the
be nonsuited or -. , ^, j. ,
defaulted. case may require, and proceed thereon according to law.
Answer may be Sect. 110. The answer of each party may be read at
bTwhorn!6 tna1' tne tr^a'' D^ tne oi^eY party, as evidence ; the party interro-
gated shall be entitled to require that the whole of the an-
swers shall be read, if any part of them shall be read ; but
if no part of them be read, the party interrogated shall in
no way avail himself of his examination, or of the fact that
he has been examined.
interrogatories Sect. 111. During the trial of any action, the court
"Wing^fia^'up- may ai'l°w interrogatories to be filed, to be answered forth-
on cause shown, with, or with as little delay as practicable, and may suspend
the trial for the purpose of having the same answered ; but
such interrogatories must be accompanied by an affidavit,
stating the reasons why they were not filed earlier, and,
unless the court, upon the whole matter, shall find that due
diligence has been used, the interrogatories shall not be
filed.
The deciara- Sect. 112. Neither the declaration, answer, nor any
iden'ct*' UOt 6V" subsequent allegation, shall be deemed evidence on the tri-
al, but allegations only, whereby the party making them is
bound.
Courts may Sect. 113. The supreme judicial court and court of
spectingthe" common pleas are severally authorized to make, and from
(onus of ver- time to time, as may be needful, to change, all such rules
tucts.
respecting the form of verdicts as they respectively may
find necessary, to place upon the record the finding of the
jury in matters of fact.
Or. a writ of er- Sect. 114. On a writ of error in any civil action, in
ml'yanJi may8 which the defendant appeared and a verdict was rendered,
not be assigned, no error in law shall be assigned, other than such as may
have occurred after verdict; and no judgment, which is in
conformity with the verdict, shall be reversed because the
same is not in conformity with the allegations of the parties.
1851. Chap. 233. 721
But nothing herein contained shall prevent either party from
assigning any error affecting the jurisdiction of the court.
Sect. 115. No judgment shall be arrested, or reversed Mistake re-
on writ of error, in any civil action, by reason of any mis- ^causeof1™
take respecting the venue of the action, whether such ac- ror.
tion be by law local on account of its subject matter, or
any or all of its parties.
Sect. 116. When judgment shall have been rendered in Writs of pos-
any local action, brought in an erroneous venue, the court howdlrected in
shall cause its writ of possession, or other needful writ of ease of errone-
execution, to be directed to the sheriff of the proper county
or counties, so that the judgment may be duly executed.
Sect. 117. When it shall appear on a trial that a local Action brought
action has been brought in an erroneous venue, the court ^nue^aybe3
may, of its own motion, order a nonsuit and default to be nonsuited; un-
entered, unless good cause shall be shown why the trial ess'
should be allowed to proceed.
Sect. 118. No allowance shall hereafter be made, to any Provisions in re-
party in an action at law, for travel or attendance, but in spect t0 costs'
place thereof there shall be taxed and allowed to the pre-
vailing party the sum of four dollars in the supreme judicial
court, and the sum of three dollars in the court of common
pleas, if the action shall not be placed on the calendar for k
trial ; and the sum of five dollars in the supreme judicial
court, and the sum of four dollars in the court of common
pleas, for each term while the action shall remain on the
trial calendar.
Sect. 119. The forms contained in the schedule an- Forms annexed
nexed to this act may be used in the several courts of this l0 lh,s act-
Commonwealth, subject to be changed and modified from
time to time by the supreme judicial court, by general rules
made for that purpose.
Sect. 120. This act shall take effect from and after the When to take
last day of August next ; but none of the provisions herein circct<
contained, except the ninety-seventh to the one hundred
and eleventh sections inclusive, shall be deemed applicable
to any action then pending.
SCHEDULE OF FORMS.
Forms of Declarations in Actions of Contract.
Commencement. — To answer to A. B. of , in an action of contract.
If the plaintiff is a minor and sues by prochein ami, or sues as adminis-
trator, or in any special character, it may be stated according to the es-
tablished form. As it is not necessary to insert the declaration in the
writ, it should be entitled, when filed separately, in the following form: —
AvgB- ) Suffolk, C. C. Pleas.
p U I Plaintiff's declaration.
722 1851.— — Chap. 233.
Count for money had and received. — And the plaintiff says, the defendant
owes him one hundred dollars, for money received by the defendant
to the plaintiff's use.
Money lent. — And the plaintiff says, the defendant owes him one hundred
dollars for money lent, by the plaintiff to the defendant ; —
Goods sold. — Also, that the defendant owes him dollars for goods
sold by the plaintiff to the defendant ; —
Work. — Also, that the defendant owes him dollars for work done
by the plaintiff for the defendant; —
Work and materials. — Also, that the defendant owes him dollars
for work done, and materials found, by the plaintiff for the defend-
ant , —
Board. — Also, that the defendant owes him dollars for board and
lodging furnished by the plaintiff for the defendant.
Freight. — For the carriage of certain goods by the plaintiff for the de-
fendant.
Warehouse room. — For warehouse room furnished by the plaintiff for the
storage of certain goods of the defendant.
Horse and carriage hire. — For the use of a certain horse and carriage
hired of the plaintiff by the defendant.
Use and occupation. — For the use and occupation of a certain tenement
hired of the plaintiff by the defendant.
Insimul computassent . — For the balance found due to the plaintiff by the
parties, on accounting together.
Account annexed. — And the plaintiff says, the defendant owes him fifty
dollars, according to the account hereto annexed.
Attorney's Certificate.
I certify that I have investigated the cause of action declared on, and
am of opinion that it is a fit subject for judicial inquiry and trial.
Payee of Note against Maker.
And the plaintiff says, the defendant made a promissory note payable
to the plaintiff or order, a copy whereof is hereto annexed. And the
defendant owes the plaintiff the amount of said note and interest thereon.
On Note payable to Bearer.
And the plaintiff says, the defendant made a promissory note, a copy of
which is hereto annexed, payable to one G. H. or bearer. And the plain-
tiff is the bearer of said note, and the defendant owes him the amount of
said note and interest thereon.
[If paymenls are indorsed on the note, the declaration should be varied as follows, —
" a copy whereof, with the indorsements thereon, is hereto annexed, and the defendant
owes the plaintiff the balance of said note and interest thereon.]
[If payments have been made which are not indorsed on the note, the allegation
should be varied accordingly.]
By Indorsee against Indorser.
And the plaintiff says, that one C. D. made a promissory note, a copy
of which, with the indorsements thereon, is hereto annexed, payable to
the said E. F., or order ; and the said E. F. indorsed the same to the
plaintiff; and payment of said note was duly demanded of the said C. D ,
who neglected to pay the same, and due notice of its nonpayment was
given to the said E. F., and the said E. F. owes the plaintiff the amount
of said note and interest thereon.
On a Bond with condition to pay certain debts of the plaintiff, and to pro-
vide for his support.
And the plaintiff says the defendant executed to him a bond, a copy
whereof is hereto annexed ;
And the plaintiff says, he owed to one O. P. the sum of one hundred
dollars on a promissory note, (describing it,) which the defendant neg-
lects to pay ;
1851. Chap. 233. 723
Also, that he owed to one R. S. one hundred dollars, according to the
account hereto annexed, which the defendant neglects to pay :
Also, that the defendant neglects to provide clothing for the plaintiff;
And the plaintiff has requested the defendant to pay said debts, and
provide for his support as mentioned in said bond —
[To be inserted, if proof of the request is necessary.]
By grantee against grantor in a common deed of warranty, for breaches of
covenant.
And the plaintiff says, the defendant delivered to him a deed, a copy
whereof is hereunto annexed ;
And the defendant was not seized in fee of a part of the land described
as follows, (describing it,) hut the same was held adversely by one L. M. ;
and the residue of said land was not free from incumbrances, but was sub-
ject to a mortgage to one S. T., to secure the payment of six hundred
dollars ;
And the defendant has not warranted and defended the premises against
the rightful claims of all persons, but one W. S. had a right of dower
therein, and has compelled the plaintiff to assign the same to her.
On an award.
And the plaintiff says, the parties, by their agreement in writing, a
copy whereof is hereto annexed, referred the matters therein mentioned
to arbitrators ; and the said arbitrators have made an award thereon in
writing, a copy whereof is hereto annexed.
[Aver performance of conditions by plaintiff, when necessary to be proved, and the
non-performance by defendant, which is relied on]
[If it is for the mere payment of money, aver as follows, — ]
And the defendant owes the plaintiff the amount of said award.
On a promise to pay the debt of another.
And the plaintiff says, that one E. F. owed him the sum of for
, and the plaintiff was about to sue the said E. F., to recover the
same ;
And in consideration that the plaintiff would forbear to sue the said
E. F., the defendant made an agreement to pay the same to the plaintiff,
a copy whereof is hereto annexed : and the plaintiff did forbear to sue the
said E. F., and the defendant owes him the said sum.
On an agreement to convey land on a certain day, plaintiff to pay one hun-
drei dollars cash, and give a note for four hundred dollars, secured by a
mortgage of the land.
And the plaintiff says the defendant made an agreement with the plain-
tiff, in writing, a copy whereof is hereto affixed ;
And on the day of , the plaintiff tendered to the defend-
ant one hundred dollars, and also a note for four hundred dollars, (de-
scribing it,) and a mortgage of said land, to secure the payment of said
note, and demanded of the defendant a conveyance of said land, (follow-
ing the terms of the agreement.)
For breach of promise of marriage.
And the plaintiff says, that she and the defendant mutually promised to
marry each other ;
And she has always been ready to marry the defendant, but the de-
fendant refuses to perform his promise.
Non-delivery of goods sold.
And the plaintiff says, he purchased of the defendant the following
goods, viz., , for the sum of one hundred dollars, to be
paid therefor, on delivery thereof: and the defendant promised to deliver
the same on the day of at the defendant's store in ;
And on the said day, the plaintiff demanded said goods at said store,
724 1851.- Chap. 233.
and tendered to the defendant said sum of one hundred dollars in pay-
ment of the same ;
And the defendant refused to deliver the same to the plaintiff.
On Policies of Insurance.
1. On a ship for a total loss.
And the plaintiff says, the defendants made to him a policy of insur-
ance for the sum of ten thousand dollars, on the ship John, against the
perils of the seas, and other perils therein mentioned, in a voyage from
Boston to Cadiz, in Spain, and at and from Cadiz to her port of discharge
in the United States ; and while proceeding on said voyage, the said ship
was wrecked, and totally lost, by the perils of the seas ; «nd the defend-
ants had notice of said loss on the day of , and wore bound
to pay the amount of said loss to the plaintiff within sixty days after said
notice ; and the defendants owe the plaintiff therefor the said sum of ten
thousand dollars.
2. For a partial loss and contribution to a general average.
(Slate, as in the last count, to the description of the voyage inclusive.)
And in said policy, the defendants agreed, that in case of any loss or
misfortune to said ship, it should be lawful for the plaintiff and his agents,
to labor for, and in the defence and recovery of, said ship, and that the
defendants would contribute to the charges thereof, in proportion as the
sum assured by them should be to the whole sum at risk ;
And, while proceeding on said voyage, the said ship was, by the perils
of the seas, dismasted, and otherwise damaged in her hull, rigging and
appurtenances, and it was necessary, for the preservation of said ship and
her cargo, to throw over a part of her cargo, and the same was thrown
over for that purpose, and the plaintiff was obliged to expend the sum of
two thousand dollars for repairing said ship at Cadiz, and the sum of five
hundred dollars, as a contribution for the loss occasioned by throwing over
a part of said cargo ; and the ship suffered much other damage that was
not repaired at Cadiz ; — and the defendants had notice of said loss and
charges, on the day of , and were bound, by the terms of
said policy, to pay the same within sixty days after such notice, and the
defendants owe the plaintiff therefor the sum of dollars.
[For a total loss of cargo by fire.]
And the plaintiff says, the defendants made to him a policy of insur-
ance for the sum of ten thousand dollars, on the cargo of the brigan-
tine William, against the perils of hie and other perils therein men-
tioned, at and from Boston, and in a voyage from thence to Hamburgh,
or any other port or ports in the north of Europe ; and while said brigantine
was proceeding on said voyage, the said cargo was totally destroyed by
fire ; and the defendants had notice of said loss on the day of ,
and were bound by the terms of said policy to pay the plaintiff the amount
of said loss : and the defendants owe the plaintiff therefor the sum of ten
thousand dollars.
Forms of declarations in Actions of Tort.
Beginning. — To answer to A. B. of , in an Action of Tort.
Trover. — And the plaintiff says the defendant has converted to his own
use, one horse, the property of the plaintiff, (or the goods men-
tioned in the schedule hereto annexed.)
[The ad damnum is a sufficient allegation of damage in all cases in which special
damages are not claimed.]
Deceit. — And the plaintiff says the defendant sold to him ten bags of cof-
fee, and to induce the plaintiff to buy the same, the defendant
falsely represented to him that said coffee was the property of the
defendant ; and the plaintiff, believing that said representation
was true, was thereby induced to purchase, and did purchase, said
coffee, and paid therefor to the defendant the sum of one hundred
dollars : and said coffee was not the property of the defendant,
1851. Chap. 233. 725
which the defendant then knew, but was the property of one A. S.,
who lias taken the same from the plaintiff.
And the plaintiff says, the defendant sold him a horse, for
which the plaintiff paid him one hundred dollars And to induce
the plaintiff to buy said horse, the defendant falsely represented
to the plaintiff that said horse was sound, so far as the defendant
knew ; and the plaintiff, believing that said representation was
true, was thereby induced to buy, and did buy, said horse : and
said horse was not sound, but had a certain disease called ■ ,
which the defendant then knew ;
And the plaintiff says, the defendant, to induce the plaintiff to
sell property on credit to one S. C, falsely represented to the
plaintiff, in writing, that the said S. 0. was a man possessed of a
large property, and able to pay his debts, (a copy of which writing
is hereto annexed.) And thereupon, the plaintiff, believing said
representation to be true, was induced to sell, and did sell, to said
S. C, the goods mentioned in the account hereto annexed, and
gave the said S. C. credit for the price of said goods, being
dollars, for the term of six months from the day of .
And the said S. C. was not a man of property, nor able to pay his
debts, but was insolvent, which the defendant then knew. And
the plaintiff has not been paid for said goods, and is unable to ob-
tain payment therefor of the said S. C.
Negligence of Railroad Corporations. — And the plaintiff says, the defend-
ants are a corporation, owning: a railroad between A. and B. ; that
plaintiff was a passenger on said railroad and, by reason of the in-
sufficiency of an axle of the car in which he was riding, the plain-
tiff was hurt: that defendants did not use due care in reference to
said axle, but plaintiff did use due care.
[This form may be varied to adapt it to many cases, simply by changing' the allega-
tion as to the cause of the accident. It is not intended to restrict a paity to the state-
ment of one cause, if there were several concurrent causes, and if the plaintiff is in
doubt which of several different causes occasioned the accident, he may, under the
thirty-fifth section, so declare.]
Negligence of Town. — And the plaintiff says there is in the town of
, a public highway, leading from to , which
said defendants are bound to keep in repair ; — that the same was
negligently suffered by defendants to be out of repair, whereby the
plaintiff, travelling thereon, and using due care, was hurt.
Obstructing way. — And the plaintiff says, he owned a tract of land,
(describing it ;) and there was a way leading to the same from
(here mention the other terminus,) which the plaintiff had a right
to use as a foot way and carriage way ; and the defendant erected
a fence across said way, and placed stones in the same, so that the
plaintiff could not use the same.
Immoderate riding. — And the plaintiff says, the defendant hired of him
a horse to ride from Boston to Cambridge, and from thence back
to Boston, in a proper manner ; — and the defendant rode said
horse so immoderately, that he became sick and lame, and was
greatly injured in value.
Slander. — And the plaintiff says, the defendant publicly, falsely and
maliciously accused the plaintiff of the crime of perjury, by words
spoken of the plaintiff substantially as follows. (Here set forth
the words — no innuendoes are necessary.)
[If the natural import of the words is not intelligible, without further explanation*
or reference to facts understood but not mentioned, or parts of the conversation not
stated, in eilher of those cases, alter setting forth the words, the declaration should
contain a concise and clear statement of such things as are necessary to make the
words relied on, intelligible to the court and jury in the same sense in which they were
spoken. This rule is applicable to actions for written and printed, as well as oral,
slander.]
726 1851.- Chap. 233.
Libel. — And the plaintiff says the defendant caused to be published in a
newspaper, (describing it,) a false and malicious libel concerning
the plaintiff", a copv whereof is hereto annexed.
(Or if it be a picture, it may be described.)
Trespass to person. — And the plaintiff says, the defendant made an assault
upon him, and struck him on his head, and kept him imprisoned
for the space of one day.
Trespass to land. — And the plaintiff says, the defendant forcibly entered
the defendant's close, (describing it,) and ploughed up the soil,
&c, and took and carried away fifty bushels of the plaintiff's corn
there being, and converted the same to his own use.
Penally. — And the plaintiffs say, they had a turnpike road, (describing
it,) and the defendant passed on said road with a wagon, on which
he carried a load of more than forty-five hundred pounds, and the
felloes of said wagon were less than three inches and a half wide,
whereby the defendant became liable to pay the plaintiffs three
times the legal toll therefor, and the legal toll therefor is the sum
of .
And the plaintiff says, the defendants had a turnpike road, (de-
scribing it,) and the plaintiff was passing over the same, and
through a turnpike gate thereon, (describing it,) in a wagon drawn
by one horse : and the defendants' toll-gatherer then demanded
and received of the plaintiff fifty cents for toll, for passing through
said gate with said horse and wagon, the legal toll for passing
as aforesaid being only ten cents, whereby the defendants have
forfeited to the plaintiff a sum not exceeding one hundred dollars.
And the plaintiffs say, they had an aqueduct, (describing it,) and
the defendant maliciously injured said aqueduct, by cutting off one
of the pipes thereof, whereby the defendant became liable to pay
the plaintiffs treble the amount of the damage thereby sustained
by the plaintiffs : — and the amount of said damage was ten dollars.
And the plaintiffs say that the twentieth day of October last
was the day of their cattle show and exhibition ; and that by their
officers they defined and fixed bounds of sufficient extent for the
erection of cattle pens and yards, and for convenient passage ways
to and about the same, within which bounds no persons were per-
mitted to enter and pass, unless in conformity with the regulations
of said officers : Of all which the defendant had notice, and after
sa'd notice, the defendant did enter and pass within said bounds,
contrary to said regulations, whereby he has forfeited to the plain-
tiffs a sum not exceeding five dollars.
Answers in Abatement.
A. B. vs. C. D. Suffolk, C. C. Pleas.
defendant's answer.
Coverture of Plaintiff . — And the defendant comes and says, that when
the plaintiff's writ was sued out, the plaintiff was a married
woman, and that E. F., her husband, was then alive, — and there-
fore he ought not to be held to answer to the plaintiff's writ.
Non joinder . — And the defendant comes and says, that if he is indebted
to the plaintiffs for the goods mentioned in their bill of particulars,
he is indebted to them jointly with one G. H., who is still alive,
and ought to be sued with him in the writ, and therefore he ought
not to be held to answer to the plaintiff's writ.
Misnomer. — And the defendant comes and says, the plaintiff's name is
John Stiles, and not James Stiles, and therefore he ought not to
be held to answer to the plaintiff's writ.
Coverture of Defendant. — And the defendant comes and says, that when
the plaintiff's writ was sued out, she was, and still is, a married
woman, and that J. H., her husband, was then alive, and there-
fore she ought not to be held to answer to the plaintiff's writ.
1851. Chaf. 233. 727
Answers in Actions of Contract.
A. B. vs. C. D. Suffolk, C. C. Pleas.
defendant's answer.
Money had and received. — And the defendant comes, and upon his per-
sonal knowledge, denies that he received the money mentioned in
the plaintiff's bill of particulars, or any part thereof;
(Or if the case be so,) admits that he received the money men-
tioned in the plaintiff's declaration, but denies that he received it
to the plaintiff's use.
Attorney's Certificate.
I certify that I have investigated the defence set forth in the
foregoing answer, and am of opinion that it is a fit subject for ju-
dicial inquiry and trial.
J. S., AtVy for Defendant.
And the defendant comes and says, upon his personal knowl-
edge, that he received the money mentioned in the plaintiff's bill
of particulars, but upon his information and belief, he denies that
he received the same, or any part thereof, to the plaintiff's use.
And the defendant comes, and upon his personal knowledge,
denies that he has received to the plaintiff's u;e, the money men-
tioned in the plaintiff's bill of particulars, except the sum of fifty
dollars.
Statute of Limitations. — And the defendant comes and answers, that the
cause of action mentioned in the plaintiff's writ did not accrue
within six years before the suing out of the plaintiff's writ.
Payment. — And the defendant comes and answers, that he has paid the
plaintiff the sum of dollars, which was the full amount of the
account stated in the plaintiff's bill of particulars.
If there are several items, add— And he annexes hereto a bill of
particulars of said payment.
Account annexed. Goods sold and delivered. — And the defendant comes
and answers as follows, viz. : as to the first ten items of the plain-
tiff's bill of particulars, upon his personal knowledge, he denies
that the plaintiff sold and delivered the same to the defendant.
As to the eleventh item, upon his personal knowledge, he de-
nies that the price was to be more than ten dollars.
Work. — As to the twelfth item, he is ignorant personally, and by infor-
mation and belief, whether the plaintiff performed the days' labor
there charged, or not, and also of the price thereof, if any, so that
he can neither admit nor deny the plaintiff's allegation, but leaves
the plaintiff to prove the same.
Ansivers to a Promissory Note.
Promissory Note. — And the defendant comes and answers as follows : —
He denies that he made the promissory note mentioned in the
plaintiff's first count ;
Minority. — And as to the note mentioned in the plaintiff's second count,
he says that at the time of making the same, he was a minor
under the age of twenty-one years.
Duress. — And as to the contract mentioned in the plaintiff's third count,
he says that at the time of its execution he was kept in imprison-
ment by the plaintiff, and executed the contract through the force
of that imprisonment.
Part payment. — And the defendant comes and says, that he has paid the
note mentioned in the plaintiff's writ, except the sum of fifty dol-
Tcnder.] lars, and before the plaintiff sued out his writ, he tendered to
the plaintiff said sum of fifty dollars, and now brings the same into
court for the plaintiff.
93
728 1851. Chap. 233.
Accord. — And the defendant comes and says, he delivered to the plain-
tiff one wagon, which the plaintiff received in full satisfaction of
the note mentioned in the plaintiff's writ.
Res judicata. — And the defendant comes and says, that at the supreme
judicial court, held, &c, the plaintiff recovered judgment against
the defendant for dollars and cents damages, and
for costs ; and that said judgment was rendered upon the
same cause of action mentioned in the plaintiff's first count.
Release. — And the defendant comes and says, the plaintiff executed to
him a release, a copy whereof is hereto annexed, whereby he dis-
charged the defendant from the cause of action mentioned in the
second count.
To a Policy of Insurance.
Insurance. — And the defendants come and say, that they deny, upon
information and belief, that the said loss was actually total, and
they deny that any abandonment was made.
And the defendants come and say, they deny, upon informa-
tion and belief, that the said vessel was seaworthy for the voyage
in the said policy mentioned, at the inception of said voyage.
And the defendants come, &c, (as above,) but deny, upon in-
formation and belief, that the said vessel was lost while proceed-
ing on the voyage in the said policy described.
Forms of Answers in Actions of Tort.
Trover. — And the defendant comes and, upon his personal knowledge,
denies that the horse mentioned in the plaintiff's writ was the
property of the plaintiff, — and also denies that he converted the
same to his own use.
And the defendant comes and says, that upon his personal
knowledge he is ignorant, but upon his information and belief he
denies, that the horse mentioned in the plaintiff's writ was the
property of the plaintiff.
And the defendant comes and, upon his knowledge and belief,
admits that the said horse is the general property of the plaintiff,
but avers that the defendant has a special property therein, by
reason of his having attached the same as the plaintiff's property,
by virtue of a writ, (here describe it,) which writ was delivered to
the plaintiff, who then was a deputy sheriff in the said county of
, for service, and the action is now pending : And so the
defendant denies, upon his personal knowledge, that he has con-
verted the said horse to his own use.
Deceit. — And the defendant comes and, upon his personal knowledge,
denies that he made said representation, knowing that the same
was not true.
And the defendant comes and says, he has not personal knowl-
edge, but, upon his information and belief, he denies that said
horse was unsound, as stated in the plaintiff's declaration.
And the defendant comes and, upon his personal knowledge,
denies that he made the representation mentioned in the plaintiff's
declaration. And he says the said coffee was the defendant's
property, and he had a right to sell the same.
Obstructing way. — And the defendant comes, and says he has not per-
sonal knowledge, but, upon his information and belief, he denies
that the plaintiff has a right of way, as set forth in his declaration.
And, upon his personal knowledge, he denies that he obstructed
said way, as set forth in said declaration.
/Slander. — And the defendant comes and, upon his personal knowledge,
denies that he accused the plaintiff of the crime of perjury, as set
forth in plaintiff's first count : —
And as to the second count, he says the plaintiff did feloniously
steal, take, and carry away ten dollars, the property of one S. T.,
1851. Chap. 233—234. 729
in the possession of said S. T. being- found, and converted the
same to his own use, and so the plaintiff was guilty of the crime
of theft, and the defendant's accusation was true.
Assault and battery. — And the defendant comes and says, the plaintiff
first assaulted him, and he only defended himself.
And the defendant comes, and says the plaintiff was his ap-
prentice, and deserted and ran away from him, and he retook the
plaintiff and forcibly brought him back, using no more force than
was necessary :
And as to the allegation, that the defendant hurt and wounded
the plaintiff, the defendant, upon his personal knowledge, denies
the same.
Trespass quare clausum. — And the defendant comes and says, that a part
of the close mentioned in the plaintiff's writ, was the soil and
freehold of the defendant, the same being described as follows, &c.
Upon his own knowledge, he denies that he broke, or entered,
any part of said close, except the part above described.
Replications.
Suffolk, C. C. P., February 1, 1851
A. B. vs. C. D.
Limitations. — And the plaintiff replies as follows, viz. : He says, that
within six years before the suing out of his writ, the defendant
executed a writing, a copy whereof is hereto annexed, by which
he acknowledged said debt, and agreed to pay the same.
He further says, the defendant has been absent from this Com-
monwealth for the space of three years last past.
Minority. — And the plaintiff replies that he is ignorant of the fact, so
that he can neither admit nor deny that the defendant was a
minor, as stated in his answer, but leaves the defendant to prove
the same.
He further says, the articles mentioned in his bill of particulars,
were necessaries for the defendant, and suitable to his estate and
degree. [Approved by the Governor, May 22, 1851.]
An Act to increase the Capital Stock of the Prescott Bank. Chap 234.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Prescott Bank, in Lowell, are hereby authorized to increase
their present capital stock by an addition thereto of fifty Addition,
thousand dollars, in shares of one hundred dollars each, #50>000-
which shall be paid in such instalments as the president
and directors may determine : provided, that the whole Proviso.
amount shall be paid in before the first day of May, in the
year one thousand eight hundred and fifty-two.
Sect. 2. The additional stock aforesaid, when paid into Subject to like
the said bank, shall be subject to the like tax, regulations, tax' &c>
restrictions and provisions to which the present capital stock
of said corporation is now subject.
Sect. 3. Before said corporation shall proceed to do Certificate to be
business on said additional capital, a certificate, signed by e
the president and directors, and attested by the cashier un-
der oath, that the same has been actually paid into the said
730 1851. -Chap. 234—236.
bank, shall be returned into the office of the secretary of
the Commonwealth.
When to take Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 22, 1851.]
effect.
Chap 235. An Act to incorporate the Chebacco Mutual Fire Insurance Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Benjamin Courtney, Moses Burnham, Jr., Charles B. Al-
len, their associates and successors, are hereby made a cor-
poration, by the name of the Chebacco Mutual Fire Insur-
ance Company, in the town of Essex, for the term of
twenty-eight years, for the purpose of insuring dwelling
houses and other buildings, and personal property, against
Duties, &c r. loss by fire, with all the powers and privileges, and subject
44,C&c. an to all the duties, liabilities and restrictions, set forth in the
thirty-seventh and forty-fourth chapters of the Revised
Statutes, and all other general laws which have been or
shall be hereafter enacted relating to mutual fire insurance
companies. [Approved by the Governor, May 23, 1851.]
Chctp 236. An Act in relation to the Grand Junction Railroad and Depot 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 :
Authorized to Sect. 1. The Grand Junction Railroad and Depot Com-
stre'eJ'^&c^at pany are hereby authorized, wherever said railroad shall
grade, provided cross, southeasterly of the old county road leading to Mal-
fafned of county den, any street, highway or turnpike now constructed or to
commissioners. De constructed in the town of Chelsea, as laid down on the
plan of the Winnisimmet Company, to cross the same at
grade : provided, however, that they shall first obtain the
assent so to do of the county commissioners of the county
of Middlesex ; and such crossing, if assented to as afore-
said, shall be subject, on the part of the said railroad and
Restrictions, depot company, to all the restrictions, liabilities and duties
&c- contained in " an act relating to railroads," passed on the
sixteenth day of April, in the year one thousand eight hun-
Further proviso dred and forty-six : and provided, also, that in case the said
railroad shall cross the eastern avenue at grade, the said
railroad and depot company shall grade the avenue from the
railroad, three hundred and sixty feet each way, on a regu-
lar slope, make a good crossing, put up a sign and a pair of
gates, and place a person there to tend the said crossing.
Acts inconsis- Sect. 2. So much of the first section of an act entitled
tent repealed. u an act concerning the Chelsea Branch Railroad Company,"
1851.- Chap. 236—238. 731
passed on the twenty-third day of February, in the year one
thousand eight hundred and forty-seven, as is inconsistent
herewith, is hereby repealed.
Sect. 3. The Grand Junction Railroad and Depot Com- Authorized to
pany are hereby authorized to locate, construct and main- pTecVofrail-
tain a piece of railroad, commencing at a point in the located road-
line of the said Grand Junction Railroad and Depot Com- Location,
pany in Somerville or Charlestown, northerly of the Mid-
dlesex Canal ; thence running southwesterly, crossing the
Boston and Maine Railroad, and thence running southerly,
on the westerly side of the said Boston and Maine Railroad,
to a point in the located line of the said Grand Junction
Railroad and Depot Company, southerly of Milk Row.
Sect. 4. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 23, 1851.] effect"
An Act to incorporate the Salem Steamboat Company. Chap 237.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. Israel D. Shepherd, John G. Brooks, Thomas Corporators.
M. Saunders, their associates and successors, are hereby
made a corporation, by the name of the Salem Steamboat
Company, with all the powers and privileges, and subject Powers, &c. r.
to all the duties, restrictions and liabilities, set forth in f± ch" 38 aml
the thirty-eighth and forty-fourth chapters of the Revised
Statutes.
Sect. 2. The said corporation is hereby authorized to May purchase,
purchase, build, charter, or otherwise hold and employ ^^^hold
a steamboat, to be employed in and about the harbor of real 'estate to
Salem, and may also hold real estate to an amount not ex- #™ooo. of
ceeding one thousand dollars.
Sect. 3. The capital stock of the aforesaid corporation Capital, #20,-
shall not exceed twenty thousand dollars, to be divided into 00°"
shares of one hundred dollars each : provided, that none of Proviso.
said shares shall be issued by the said company at a less Shares issued
sum than the par value thereof named in this section, to
be actually paid in on each share. [Approved by the Gov-
ernor, May 23, 1851.]
at not less than
par.
An Act regulating the Measurement of Chestnuts and Walnuts. Chap 238.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Chestnuts and walnuts, hereafter sold, shall be To be measured
measured by the strike, or level measure, in the same man- berries s "*""
ner as cranberries and other berries are required to be
732 1851. Chap. 238—241.
measured, by the act of April thirtieth, in the year one
thousand eight hundred and fifty, entitled an act regulating
the measurement of cranberries and other berries.
When to take Sect. 2. This act shall take effect from and after the
effect. flrst (jay 0f August next. [Approved by the Governor, May
23, 1851.]
Chap 239. An Act to authorize the Auditor of Accounts to employ a Clerk.
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 auditor of accounts is hereby authorized to employ
a clerk, at such times as he shall think it necessary, at an
exceedS«600l° exPense n°t to exceed six hundred dollars a year, to be paid
per annum. out of the treasury of the Commonwealth. [Approved by
the Governor, May 23, 1851.]
Chap 240. -^n Act to incorporate the Agricultural and Mechanics Hall Association.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. James M. Crooks, Walter H. Bowdoin, Sable
Rogers, their associates and successors, are hereby made a
corporation, by the name of the Agricultural and Mechanic
Springfield. Hall Association, in the town of Springfield, for the pur-
Purpose, pose of erecting and maintaining, in said Springfield, an
edifice, to contain library and lecture rooms, and halls suit-
able and convenient for the exhibition and sale of articles
connected with agricultural, horticultural and mechanical
Powers, &c. R. science and industry, with all the powers and privileges,
s. ch. 44. an(j subject t0 an tne duties, liabilities and restrictions, set
forth in the forty-fourth chapter of the Revised Statutes.
May hold real Sect. 2. The said corporation, for the purpose aforesaid,
estate^Jswioo. maY nold real anc* personal estate, not exceeding in amount
thirty-five thousand dollars. [Approved by the Governor,
May 23, 1851.]
Chap 241. An Act concerning the Mount Pleasant Branch Railroad Company.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as follows :
Time of loca- Sect. 1. The times within which the Mount Pleasant
tioii'&c. ex- Branch Railroad Company may respectively locate and
construct its road are hereby extended one year beyond the
times now fixed by law.
shall file a cer- Sect. 2. The said company shall not commence the
foreacon> c" be" construction of its road until a certificate shall have been
mencing.
1851. Chap. 241—242. 733
filed in the office of the secretary of the Commonwealth,
subscribed and sworn to by the president of the said com-
pany, and a majority of the directors thereof, stating that
all the stock named in its charter has been subscribed for
by responsible parties, and that twenty per cent, of the par
value of each and every share has been actually paid into
the treasury of the said company. [Approved by the Gov-
ernor, May 23, 1851.]
An Act to incorporate the North Beverly Branch Railroad Company. CIlGP 242.
BE it enacted by the Senate and House of Representa-
tives, in Ge7ieral Court assembled, and by the authority of
the same, as follows :
Sect. 1. John T. Baker, Stephen Upton, H. C. Tuck-
er, their associates and successors, are hereby made a corpo-
ration, by the name of the North Beverly Branch Railroad
Company, with all the powers and privileges, and subject Powers, &c. r.
to all the duties, liabilities and restrictions, set forth in the s. ch. 44, &c.
forty-fourth chapter of the Revised Statutes, and in that
part of the thirty-ninth chapter thereof relating to railroad
corporations, and in all .other general laws which have been
or shall be hereafter passed relating to railroad corporations.
Sect. 2. The said corporation is hereby authorized to Location and
locate, construct and maintain a branch railroad, with one construction.
or more tracks, commencing at a point on the Eastern Rail-
road, about sixty rods south of the North Beverly depot, in
the town of Beverly ; thence running by a curve, north-
westerly, three hundred feet ; thence in a straight line, still
northwesterly, across the county road, about ninety-five
rods to Wenham Pond.
Sect. 3. The said corporation is further authorized to May enter East-
enter upon and use said Eastern Railroad, according to ern Railroad-
law.
Sect. 4. The said branch railroad shall cross the said shall cross
county road at a grade, or on a level therewith. county road at
o ? a grade.
Sect. 5. The whole capital stock of the said corpora- capital stock,
tion shall consist of four hundred shares, of one hundred i%ohare0Sttob
dollars each, and no assessment shall be laid thereon of a issued at less
greater amount in the whole than one hundred dollars on than P"*
each share, and no shares in the capital stock of the said
corporation shall be issued for a less sum or amount, to be
actually paid in on each, than the par value of the shares
which shall be first issued. And the said corporation may
invest and hold such part of their capital as may be con- May hold per-
venient, in such real and personal estate as may be necessary gif1"1 real
and convenient for the purposes of their corporation.
Sect. 6. If the location of the said branch railroad be Proviso.
734 1851. -Chap. 242—244.
not filed according to law within one year, and if the same
be not constructed within two years from the passage of
this act, then this act shall be void.
Any company Sect. 7. The Legislature may authorize any company
•may enter, c. jo enjer ^j-^ their railroad at any point in said branch rail-
road, and use the same, or any part thereof, according to
law.
Certificate to be Sect. 8. The said corporation shall not commence the
retar^of Com- construction of the said branch railroad until a certificate
monweaith. shall have been filed in the office of the secretary of the
Commonwealth, subscribed and sworn to by the president
of the said corporation, and a majority of the directors
thereof, stating that all the stock named in the charter has
been subscribed by responsible persons, and that twenty per
cent, of the par value of each share thereof has been actu-
ally paid into the treasury of the said corporation. [-Ap-
proved by the Governor, May 23, 1851.]
Chat) 243. -^n -^ct *n Edition to an Act to establish the Boston Lunatic Hospital.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled,, and by the authority of
the same, as follows :
Sect. 1. The third section of the one hundred and
thirty-first chapter of the acts of the year one thousand
eight hundred and thirty-nine, being an act entitled " an
act to establish the Boston Lunatic Hospital," is so amend-
City council of ed that the city council of the city of Boston shall have
BasSsl°ord?nanees Power to Pass such ordinances as they may deem expedient,
and appoint offi- for conducting, in a proper manner, the business of that in-
stitution, and for appointing such officers as in their opinion
may be necessary.
Section repeal- Sect. 2. The second section of the said chapter is
ed- hereby repealed.
When to take Sect. 3. This act shall take effect from and after its
effect. passage. [Approved by the Governor, May 23, 1851.]
Chan 244 ^n "^cfc t0 iIlcorPorate tne Wilmington and Cambridge Railroad Com-
" ' party.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. Zachariah B. Porter, John Cummings, Jr., Moses
F. Winn, Asa G. Sheldon, Loring Emerson, Jacob Peirce,
Walter Blanchard, their associates and successors, are hereby
made a corporation, by the name of the Wilmington and
Powers, &c, Cambridge Railroad Company, with all the powers and privi-
u &cch' 39 and leges, and subject to all the duties, liabilities and restric-
1851. Chap. 244. 735
tions, set forth in the forty-fourth chapter of the Revised
Statutes, and in that part of the thirty-ninth chapter there-
of relating to railroad corpprations, and in all other general
laws which have been, or shall be hereafter passed relating
to railroad corporations.
Sect. 2. The said company are empowered to locate, Location,
construct, and maintain a railroad, with one or more tracks,
commencing at some convenient point on the Boston and
Maine Railroad, in Wilmington, and between the sixteenth
and seventeenth mile posts on the said road, thence run-
ning through Wilmington, crossing the Boston and Lowell
Railroad, between the fourteenth and fifteenth mile posts
on the same, and also crossing the Middlesex Canal ; thence
through a part or parts of Woburn and Burlington, and
near the dividing line of the said towns, and to or near New
Bridge Village, and continuing through said Woburn to
some convenient point of junction with the Lexington and
West Cambridge Railroad, in West Cambridge ; or, leaving
said line at or near Gardner's Lock, on the Middlesex Ca-
nal in Winchester, and running to some convenient point of
intersection with the Boston and Lowell Railroad in Win-
chester, between the sixth and seventh mile posts on the said
road ; and also from a point on the Boston and Lowell
Railroad, in Medford or Somerville, between the third and
fourth mile posts on said road, to some convenient point on
the Fitchburg Railroad, near Porter's Hotel, in Cambridge.
Sect. 3. The said Wilmington and Cambridge Railroad May unite with
Company may enter upon and unite their said railroad with ot erroa s*
the railroads of the said Boston and Maine, Boston and
Lowell, Lexington and West Cambridge, and Fitchburg
Railroad Companies, with proper turnouts and switches,
and may use the same, or any part or parts thereof, ac-
cording to law.
Sect. 4. The capital stock of the said company shall Capital, twenty-
consist of twenty-five hundred shares, of one hundred dol- share^gioo ■
lars each, and no assessments shall be laid thereon of a not to be issued
greater amount, in the whole, than one hundred dollars on at less l n par'
each share ; and none of said shares shall be issued by the
said company at a less sum or amount, to be actually paid
in on each share, than the par value thereof named in this
section.
Sect. 5. If the location of the said road shall not be Limitation of
filed in two years, and the said railroad constructed in three time-
years from the passage of this act, then this act shall be
void.
Sect. 6. The said company shall not commence the con- Certificate to be
struction of their railroad until a certificate shall have been filed'&l
94
736
1851.
■Chap. 244—245.
filed in the office of the secretary of the Commonwealth,
subscribed and sworn to by the president of the said com-
pany, and a majority • of the directors thereof, stating that
all the stock named in the charter has been subscribed for
by responsible persons, and that twenty per cent, of the
par value of each and every share of the said stock has
been actually paid into the treasury of the company. [Ap-
proved by the Governor, May 23, 1851.]
Chap 245.
Corporators.
Powers, &c.,
R. S. ch. 39 and
44, &c.
Location.
Capital twenty-
five hundred
shares, % 100
each ; none is-
sued below par.
May hold real
estate, &c.
May unite with
JJoston and
Providence
jailroad.
An Act to incorporate the Providence and Bristol Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Johnson Gardner, Tristam Burges, John O.
Potter, their associates and successors, are hereby made a
corporation, by the name of the Providence and Bristol
Railroad Company, with all the powers and privileges, and
subject to all the duties, liabilities and restrictions, set forth
in the forty-fourth chapter of the Revised Statutes, and in
that part of the thirty-ninth chapter of the said statutes
which relates to railroad corporations, and in the several
statutes subsequently passed relating to railroad corporations.
Sect. 2. The said company is hereby authorized and
empowered to locate, construct, fully complete and main-
tain a railroad, with one or more tracks, commencing at
the line of the state of Rhode Island, at or near the city
of Providence, near India Bridge ; thence running in a
southerly and southeasterly direction through the town of
Seekonk, until it intersects the southeast boundary line of
the said town, the said line running northeast from Bul-
lock's Neck.
Sect. 3. The capital stock of the said company shall
consist of two thousand five hundred shares, of one hun-
dred dollars each, and no assessment shall be laid thereon
of a greater amount, in the whole, than one hundred dol-
lars on each share, and no share shall be issued for a less
sum or amount, to be actually paid in on each, than the par
value of the shares which shall be first issued. And the said
company may take, purchase and hold such real estate, and
may build, purchase and hold such engines, cars, materials
and other things, as may be necessary for the use of the said
railroad, and for the transportation of persons, goods and
merchandise.
Sect. 4. The said company may also enter upon and
unite its railroad, by proper turnouts and switches, with
the Boston and Providence Railroad, near the city of Prov-
idence, and may use the said railroad, or any part thereof,
according to the provisions of law.
1851. Chap. 245. 737
Sect. 5. If the location of the said railroad be not Time limited.
filed according to law within one year, or if the said rail-
road shall not be constructed and completed, with at least
one track, within four years from the passage of this act,
then this act shall be void.
Sect. 6. The Legislature may authorize any company Legislature
to enter, with another railroad, upon and use the said Prov- "herroadsto
idence and Bristol Railroad, or any part thereof, paying enter, &c.
therefor such a rate of toll, or compensation, as the Legis-
lature may from time to time prescribe, or as may be fixed
by any general law of this Commonwealth, and complying
with such rules and regulations as may be established by
the said Providence and Bristol Railroad Company.
Sect. 7. The Legislature may, from time to time, re- May reduce the
duce the rate of tolls, or other profits, upon the said rail- ° s'
road ; but the tolls shall not, without the consent of said
company, be so reduced as to produce, with the said profits,
less than ten per cent, per annum.
Sect. 8. The said company is hereby authorized to Authorized to
unite with the Providence and Bristol Railroad Company, weMeand Bris-
incorporated by the state of Rhode Island, to build a rail- toi railroad of
,r... / ., ■ , . • • c ,, Rhode Island,
road within the said state, connecting the termini ot the as one corpora-
railroad hereby authorized with the city of Providence and t,on-
the village of Bristol ; and when the said companies shall
have so united, the stockholders of one company shall be-
come stockholders of the other company, and the two com-
panies shall constitute one corporation, by the name of the
Providence and Bristol Railroad Company, and the fran-
chises, property, power and privileges, acquired under the
authority of the said states respectively, shall be held and
enjoyed by all the said stockholders in proportion to the num-
ber of shares or amount of property held by them respec-
tively in either or both of the said corporations.
Sect. 9. One or more of the directors, or other officers One or more of
„ , ._ .. . in ii *.■ i_ the directors
of the said united corporations, shall, at all times, be an snaii be of this
inhabitant of this Commonwealth, on whom process against Commonwealth.
the said company may be legally served ; and the said com-
pany shall be held to answer in the jurisdiction where the
service is made and the process is returnable.
Sect. 10. The said company shall keep separate ac- shall keep sepa-
• t • ht i i r» i 1 rate accounts.
counts of its expenditures in Massachusetts and. Knode
Island, respectively ; and two commissioners shall be ap- JD™ ™XIiiSbC
pointed, one by the governor of this state, and the other appointed, &c
by the state of Rhode Island, if the said state of Rhode
shall thereto agree, to hold their offices for the term of four
years, and to be reasonably compensated by the said com-
pany, who shall decide what portion of all expenditures of
738 1851.— Chap. 245—246.
the said company, and of its receipts and profits, properly
pertain to that part of the road lying in the said states re-
spectively, and the annual report required to be made to the
Legislature of this Commonwealth shall be approved by
the said commissioners.
Massachusetts Sect. 11. The said company and the stockholders there-
Sh°ciitb°kleb? n1' s0 ^ar as tne roac* *s s^tuate(^ m Massachusetts, shall be
toaii,&c!Je subject to all the duties and liabilities created by the pro-
visions of the laws of this Commonwealth, to the same ex-
tent as they would have been had no union of the said
companies taken place.
Sect. 12. The provisions contained in the four next
preceding sections of this act, and all the provisions of this
When to take act which contemplate a union of the said companies, shall
effect. not ta]ce effect until they shall have been accepted by the
stockholders of the said two corporations respectively, at
legal meetings called for that purpose.
Certificate to be Sect. 13. The said railroad company shall not com-
filed, &c. mence the construction of its road until a certificate
shall have been filed in the office of the secretary of
the Commonwealth, subscribed and sworn to by the
president of the said company, and a majority of the di-
rectors thereof, stating that all of the stock named in its
charter has been subscribed for by responsible parties, and
that twenty per cent, of the par value of each and every
share of the said stock has been actually paid into the treas-
ury of the company. [Approved by the Governor. May
23, 1851.]
Chan 246 ^n ^ct concermng; Arrests for Offences committed on the Lord's Day.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Persons wilfully Any person who shall be discovered in the act of wil-
injurinff trees fully injuring any fruit or forest trees on the Lord's clay,
day, or com- and any person who shall be discovered in the act of com-
muting any rms- niittiiis any kind of malicious mischief on the said dav,
chief, may be i • i i , ■ m i , -^ i ,
arrested and dc- may be arrested by any sheriff, deputy sheriff, constable,
otheiwise! °r watchman, police officer or private individual, and there-
upon be lawfully detained by imprisonment in a jail or
otherwise, until a complaint can be made against him for
the offence for which he was arrested, and he be taken,
Proviso. upon a warrant issued upon such complaint : provided, that
such arrest and detention without warrant shall not con-
tinue beyond the space of twenty-four hours. [Approved
by the Governor, May 23, 1851.]
1851. Chap. 247. 739
An Act in addition to the "Act concerning Electric Telegraph Compa- Chan 247.
nies and Electric Telegraphing." "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. No enjoyment by any person or corporation, No easement
for any length of time, of the privilege of having or main- obtained by
taining telegraph posts, wires or apparatus, in, upon, over, grapifposts, &c.
or attached to, any buildings or lands of other persons, shall
be deemed to give a legal right to the continued enjoyment
of such easement, or raise any presumption of a grant
thereof.
Sect. 2. Whenever injury shall be done to any person, in case of dam-
or to the building or other property of any person or corpo- *$?> proprietor
ration, by the posts, wires, or other apparatus of any tele-
graphic line, the company or individual, being proprietor of
the same, shall be held responsible in damages to the per-
son or corporation so injured.
Sect. 3. No incorporated telegraph company shall com- Three fourths of
mence the construction of its line until three fourths of its Scribed!* be
capital stock shall have been taken and unconditionally
subscribed for ; and the directors of said company shall, statement must
within ten days of commencing said line, file in the office be filed wi£
J - ° J secretary Com-
of the secretary or the Commonwealth a sworn statement monweaith.
of said subscription.
Sect. 4. No incorporated telegraph company shall, at Limitation of in-
any time, contract or owe debts to a larger amount than debtedness-
one half part of its capital stock actually paid in.
Sect. 5. Every telegraph corporation shall, on or be- Corporation
fore the first day of December of each year, make annual ^ r^taukrnSan"
returns to the secretary of the Commonwealth, according &c.
to forms to be furnished on application to him, specifying
therein the location and line of said telegraph, its name, its
capital actually paid in, its capital how invested, the value
of its real estate, its annual receipts and expenditures, its
real estate, its cash on hand, its credits on book ac-
count, and the amount of its indebtedness, which return
shall be signed by the president, clerk and treasurer of said
company, and by them be duly sworn to be true according
to their best knowledge and belief.
Sect. 6. The president and treasurer of any telegraph officers liable
company shall be jointly and severally liable for all the in- j"Jase of ncg"
debtedness of the same, in case of wilful neglect or omis-
sion, on their part, to comply with any of the provisions of
this act.
Sect. 7. This act shall take effect from and after its when to take
passage. [Approved by the Governor, May 23, 1851.] effe8t-
740 1851.— -Chap. 248—249.
Chap 248. ^n Act t0 increase the Capital Stock of the Marine 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 :
Addition #200,- Sect. 1. The president, directors and company of the
00°- Marine Bank, in New Bedford, are hereby authorized to
increase their present capital stock, by an addition thereto
of two hundred thousand dollars, in shares of one hundred
dollars each, which shall be paid in such instalments as the
president and directors of the said bank may determine :
Proviso. provided, that the whole amount shall be paid in before the
first Monday in April, in the year one thousand eight hun-
dred and fifty-two.
Subject to like Sect. 2. The additional stock aforesaid, when paid into
tax,&e. thg saj(] Dan]j) shall be subject to the like tax, regulations,
restrictions and provisions to which the present capital
stock is subject.
Sect. 3. Before the said bank shall proceed to do busi-
Cenificate must n ess upon the said additional capital, a certificate, signed
be filed, &c. j^y ^e president and directors, and attested by the cashier,
under oath, that the same has been actually paid into the
said bank, shall be returned into the office of the secretary
of the Commonwealth.
When to take Sect. 4. This act shall take effect from and after its
effect. passage. [Approved by the Governor, May 23, 1851.]
Chap 249.
An Act to change the Names of the Persons therein mentioned.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follotvs :
Suffolk. Henry Gushing may take the name of Henry Howard
Gushing ; George W. Trickey may take the name of
George Bruce Milton; Henry Bradlee Gutterson may take
the name of Henry Eaton Bradlee ; Robert Green may
take the name of John Green ; Edward Dana Greene may
take the name of Edward Dana Erving Greene ; Josiah
Gluincy, 3d, may take the name of Josiah Philips Q,uincy ;
James Bates may take the name of James Warren Bates ;
Caroline S. Spencer may take the name of Caroline S.
Hartford ; George Hartford Spencer may take the name of
George Edward Hartford ; Emeline F. Ames may take the
name of Emma Frost ; Frederick W. McKoy may take the
name of Frederick William Mozart ; Edmund Doe may
take the name of Edmund Doe Spear ; James Mitchell
may take the name of James Munroe Mitchell ; Ebenezer
Cutter may take the name of Eben Cutter ; George Payne,
a minor, may take the name of George Vose Payne ; Jo-
1851. Chap. 249. 741
seph Coolidge Swett may take the name of Joseph Swett
Coolidge, — all of Boston, in the county of Suffolk.
James Francis Brown, of Dan vers, may take the name Essex.
of Charles Francis Brown ; Charles E. Spinney, of Haver-
hill, may take the name of Edwin S. Milton; Anna Lane, *
of Newbury, may take the name of Lucy Anna Lane ;
Morrison Proctor, of Georgetown, may take the name of
Maurice Henrie Proctor ; Ezra Upton, of Salem, may take
the name of Warren Augustus Upton ; Orlando D. Hogan,
of Salem, may take the name of Orlando D. Chandler ;
William Cockett, of Lynn, may take the name of William
Wallace Wilson ; John Luffin, of Beverly, may take the
name of Joel Sheldon ; Patrick Smith, of Lynn, may take
the name of Patrick H. Smith ; Moses Brown, of Lynn, a
minor, may take the name of Frank Bridge Brown ; David
Dornican, of Beverly, may take the name of David Shep-
ard ; Mary Maria Carlton, of Salisbury, a minor, may take
the name of Mary Abby Dow ; Charles Harris Fisher, of
Salisbury, a minor, may take the name of Charles William
Dow ; James Fetheren, of Lynn, may take the name of
James F. Howard ; Lucy Ann Fethern, of Lynn, may
take the name of Lucy Ann Howard ; Orin Ross Maddox,
of Lynn, may take the name of Orin M. Howard ; Harriet
Sytnonds Verry, of Danvers, may take the name of Harriet
Symonds Hutchinson ; John Hallowwell Mansfield Nourse,
of Lynn, may take the name of John Nourse ; Eliza
Clarke, of Methuen, may take the name of Eliza Adelaide
Clarke ; Elizabeth D. Hey wood, of Salem, may take the
name of Elizabeth D. Page ; George F. Osterhold, of New-
buryport, may take the name of George Frederick Wilbur ;
Silas Adams Cook, of' Newburyport, may take the name of
John Adams Cook ; Caroline F. Esty, of Salem, may take
the name of Caroline F. Symmes ; Gideon W. Hunt, of
Newburyport, may take the name of Gideon W. Waring ;
Mary W. Hunt, of Newburyport, may take the name of
Mary W. Waring ; Hartly Holt Hunt, of Newburyport,
may take the name of Charles H. Waring ; Seraphina D.
M. Hunt, of Newburyport, may take the name of Seraphina
D. M. Waring ; Elizabeth Ann Lee, of Manchester, may
take the name of Lizzie Lee ; Patience Ivers Whippen, of
Lynn, may take the name of Caroline Ivers Whippen ;
Benjamin Howard, of Salem, may take the name of Ben-
jamin Cheever Howard ; Henry Perry, of Danvers, may
take the name of Henry Wallace Perry ; Mary Frances
Willy, of Groveland, a minor, may take the name of Mary
Frances Emery ; Elizabeth Willy, of Groveland, a minor,
may take the name of Elizabeth Reed : Abby Moore Kim-
742
1851.
■Chap. 249.
Middlesex.
Worcester.
ball, of Salem, may take the name of Ruby Mellen Moore ;
Abraham Lummus, junior, of Ipswich, may take the name
of Henry Abraham Lummus, — all of the county of Essex.
Porter Woodbury, of Acton, may take the name of George
Porter Woodbury ; Nelson Wood, of Framingham, may
take the name of Nelson Wood Richardson ; Nancy Re-
mond Lenox, of Watertown, may take the name of Sybil
Remond Lenox ; Edward Lawrence, of Acton, may take
the name of Edward Hobart Lawrence ; Emma Allen, of
Charlestown, may take the name of Emma Lucy Allen ;
Patrick Collins, of Waltham, may take the name of Albert
James ; Mary Ann Maynard, of Charlestown, may take the
name of Mary Ann Averill ; Samantha Altana Pasco, of
South Reading, a minor, may take the name of Samantha
Althea Sabine ; Caroline Matilda Pratt, of Charlestown, a
minor, may take the name of Caroline Pratt Emerson ;
Richard Potter, of Groton, may take the name of Richard
Bulkley Potter ; Henry Gowing, of Weston, a minor, may
take the name of Henry Augustus Gowing ; Maria Bolles,
of Littleton, may take the name of Maria Attoinne Bolles ;
Thomas Miller Croocker, of Charlestown, may take the
name of Thomas Miller Crocker ; Warren Payson, of Hol-
liston, may take the name of Warren Lindley Payson ;
Orlando Blanchard, of Framingham, may take the name of
William Fisk Smith ; Luther Rice, of Marlborough, may
take the name of Luther Melville Rice ; Michael Fanning,
of Ashland, may take the name of Edmund Judson Fan-
ning ; Bridget McDonald, of Charlestown, may take the
name of Mary McDonald ; Sophronia Weston Lowe, of
Charlestown, may take the name of Sophia Abby Weston
Lowe ; Amos Hartwell Hodgman, of Carlisle, may take
the name of Celius Melbourne Hodgman ; John Samuel
Trickey, of Charlestown, may take the name of John
Samuel Milton ; Francis Louis Ringold, a minor, of Cam-
bridge, may take the name of Francis Louis Lander, — all
of the county of Middlesex.
Ephraim Kingsbury Wetherbee, of Gardner, may take
the name of Ephraim Wetherbee ; Mary Adaline Putnam,
of Hubbardston, may take the name of Mary Putnam
Clark ; Simon Ephraim Willard Peck, of Hardwick, may
take the name of Willard Peck ; Josiah Richardson, of
Leominster, may take the name of Josiah Carter Richard-
son ; Silas Smith Hall, of Northbridge, a minor, may take
the name of Silas Wood Smith ; Ralph Patch, junior, of
Leominster, may take the name of William Ralph Patch ;
Almon Whittemore, of Leominster, may take the name of
George Almon Whittemore ; Charles Clarence Valentine
1851. Chap. 249. 743
Hyde, of Southborough, a minor, may take the name of
Charles Clarence Hobart ; John Henry Capron, of Ux-
bridge, may take the name of Henry Capron ; Susan M.
Blood, of Worcester, may take the name of Susan M.
Thompson ; Foster Walker, of North Brookfield, may take
the name of Lyman Walker ; Perez French, junior, of
Hubbardston, may take the name of Charles Willis Ash-
ley ; Mary Maley, of Upton, may take the name of Mary
Jane Hall ; Benjamin Munjoy, of Westminster, may take
the name of Benjamin Blake ; Dolly Munjoy, of West-
minster, may take the name of Dolly Blake ; Francis Mun-
joy, of Westminster, may take the name of Francis Blake ;
Calvin Munjoy, of Westminster, may take the name of
Calvin Blake ; Sarah E. Munjoy, of Westminster, may
take the name of Sarah E. Blake ; Harriet E. Munjoy, of
Westminster, may take the name of Harriet Eliza Blake ;
Franklin Webster Adams, of Douglas, may take the name
of Franklin Adams Fairbanks ; William Jackson Davis, of
Southbridge, may take the name of Andrew Jackson Da-
vis ; Lucy Woodward Harrington, of Paxton, may take
the name of Lucy Alona Harrington ; Edwin Munjoy, of
Westminster, may take the name of Edwin Blake, — all of
the county of Worcester.
Jared Smith Bement, may take the name of Henry Hampshire.
Smith Nash ; Abby Sophia Hawks may take the name of
Abby Hawks Nash, — both of Granby, in the county of
Hampshire.
Moses Eustis Hamilton, of Chester, may take the name Hampden.
of William Eustis Hamilton ; Adams Hamilton, of Chester,
may take the name of Edward Everett Hamilton ; Chaun-
cey R. Gross, of Westfield, may take the name of Chaun-
cey R. Chauncy ; Elias Smith Cook, of Wilbraham, may
take the name of Ansel Wright ; Jane Ann Cook, of Wil-
braham, may take the name of Jane Wright ; Ira Hinckley
Cook, of Wilbraham, a minor, may take the name of Ira
Hinckley Wright; Laura Jane Cook, of Wilbraham, a
minor, may take the name of Laura Jane Wright ; Austin
Smith Cook, of Wilbraham, a minor, may take the name
of Austin Smith Wright; Lucy Ann Cook, of Wilbra-
ham, a minor, may take the name of Lucy Ann Wright ;
Mary Elizabeth Cook, of Wilbraham, a minor, may take
the name of Mary Elizabeth Wright ; John Rollin Alden,
of Wilbraham, may take the name of Charles Harrey Gay ;
Mary Alden, of Wilbraham, may take the name of Emma
Lucy Gay; Ella Maria Alden, of Wilbraham, may take
the name of Ella Maria Gay ; Jonathan Hoar, of Monson,
may take the name of Jonathan Homer ; Rodolphus Hoar,
95
1U
1851.-
-Chap. 249.
of Monson, may take the name of Rodolphus Homer ;
Pamelia Graves Hoar, of Monson, may take the name of
Pamelia Graves Homer ; Louisa Adelaide Hoar, of Mon-
son, may take the name of Louisa Adelaide Homer ; Mar-
tha A. Sumner, of Palmer, may take the name of Martha
A. Converse ; Caroline King Hoar, of Monson, may take
the name of Caroline King Homer ; Mary Robbins Hoar,
of Monson, may take the name of Mary Robbins Homer ;
Albert King Hoar, of Monson, may take the name of
Albert King Homer ; George Adams Hoar, of Monson,
may take the name of George Adams Homer ; Lucinda
Graves, of Springfield, may take the name of Mariah
Luella Graves, — all of the county of Hampden.
Franklin. David Allen Graves, of Ashfield, a minor, may take the
name of Addison Graves ; Charles Henry Fairbanks, of
Rowe, a minor, may take the name of Myron Corbet
Blodget ; Mercy Mayhew Hawkes, of Charlemont, may
take the name of Clara Isadore Hawkes ; Benjamin Dunk-
ley, of Sunderland, may take the name of Benjamin Frank-
lin Dunkley ; Younglove Bixby, of Leverett, may take the
name of John Younglove Bixby ; Sophronia Augusta
Smith, of Sunderland, may take the name of Helen Maria
Wright ; Edwin Blakeslee, of Heath, may take the name
of Edwin Louis Blakeslee, — all of the county of Franklin.
Berkshire. Josiah Hamilton Leonard, of Peru, a minor, may take
the name of Josiah Hamilton Butts; James Munroe Wil-
cox, of Sandisfield, may take the name of Munroe Wil-
cox ; Lucy Wilder, of Peru, may take the name of Lucy
Ide Cone ; Silas Bingham Bottom, of Hinsdale, may take
the name of Silas Bingham ; Mary Charlotte Bottom, of
Hinsdale, may take the name of Mary Charlotte Bingham ;
Marion Bottom, of Hinsdale, may take the name of Julia
Marion Bingham ; Elizabeth Nelson Bottom, of Hinsdale,
may take the name of Elizabeth Nelson Bingham ; George
S. Moulton, of Lee, may take the name of George Moulton
Bradley ; Margaret Joy, of Hinsdale, may take the name
of Margaret Loomise, — all of the county of Berkshire.
Norfolk. John King, of Roxbury, may take the name of John
Crookshanks King ; Eliza Boyden Bullard, of Walpole,
may take the name of Adaliza Maria Curtis ; Calvin Cutler,
of Dorchester, a minor, may take the name of John Calvin
Cutler ; George Sampson, of Dorchester, a minor, may
take the name of George Alfred Sampson ; Martha Ann
Batchelder, of Q,uincy, may take the name of Martha Ann
Brown ; Hannah Maria Shepherd, of Milton, may take the
name of Hannah Josephine Shepherd ; Lucy Ann Ambler,
of Dedham, may take the name of Lucy Ann Priest ;
1851.— Chap. 249. 745
Mathew H. Stanley, of Cohasset, may take the name of
Charles H. Stanly ; Emma Josephine Weeks, of Quiiicy,
a minor, may take the name of Emma Josephine Cole ;
Charles William Miles, of Roxbury, a minor, may take the
name of Charles Appleton Miles ; Theodore Dunn, junior, a
minor, of Roxbury, may take the name of Theodore Leon-
ard Dunn; Richard White, of Roxbury, may take the name
of Richard Guilford White ; Charles Francis Atkinson, of
Brookline, a minor, may take the name of Charles Follen
Atkinson ; James M. Tucker, of Roxbury, may take the
name of James Tucker Dudley,-— all of the county of Nor-
folk.
Gideon Tripp, of Westport, may take the name of Gide- Bristol,
on Wait Tripp ; John Wood, of New Bedford, may take
the name of John Franklin Wood ; Bathsheba Dean, of
Fall River, may take the name of Annie B. Dean, — all of
the county of Bristol.
William Brigham Tappan, of Marshfield, may take the Plymouth,
name of William Bingham Tappan ; John Perkins, of
Middleborough, a minor, may take the name of John Jas-
per Perkins ; Eugene Bray, of Abington, may take the
name of Henry Warren Hill ; Eliza Vaughan Harvey, of
Plymouth, a minor, may take the name of Eliza Sutton
Vaughan Harvey ; Martin Packard, of North Bridgewater,
may take the name of Martin T. Packard ; Martin Sumner
Orcutt, of East Bridgewater. may take the name of Martin
Sumner ; Susan Orcutt, of East Bridgewater, may take the
name of Susan Sumner ; Newton Sumner Orcutt, of East
Bridgewater, may take the name of Newton Sumner ;
Susan Mercy Orcutt, of East Bridgewater, may take the
name of Susan Mercy Sumner, — all of the county of
Plymouth.
Sukey Crosby Sparrow, of Orleans, may take the name Barnstable,
of Susan Maria Sparrow ; Ella Theodora Crowell, of Yar-
mouth, a minor, may take the name of Abigail Hedge
Crowell ; Edward Hallet, 2d, of Yarmouth, may take the
name of Edward Bangs Hallet ; David Smith, 3d, of Prov-
incetown, may take the name of David Augustus Smith ;
Thankful C. Foster, of Brewster, may take the name of
Emily C. Foster ; Thaddeus F. Young, of Brewster, may
take the name of Charles F. Young ; Edward McLaughlin,
of Chatham, may take the name of Edward Howard ;
Emily McLaughlin, of Chatham, may take the name of
Emily Howard ; Emma Augusta McLaughlin, a minor, of
Chatham, may take the' name of Emma Augusta Howard ;
Marcus William McLaughlin, a minor, of Chatham, may
take the name of Marcus William Howard : Agnes Ann
746
1851.
-Chap. 249—250.
McLaughlin, a minor, of Chatham, may take the name of
Agnes Ann Howard, — all of the county of Barnstable.
Dukes County. Edwin Coffin, a minor, of Edgartown, in the county of
Dukes County, may take the name of Edwin Russell
Coffin.
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 con-
sidered as their only proper and legal names. [Approved
by the Governor, May 23, 1851.]
Chap 250.
Boundaries.
Name.
Powers, duties,
&c.
Shall pay ar-
rears of taxes
to Koxbury.
An Act to incorporate the Town of West Roxbury.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. That portion of the city of Roxbury lying
southwestwardly of a line commencing at a point in the
line which divides the city of Roxbury from the town of
Dorchester, which point is directly parallel to the last angle
in Seaver street before its intersection with the Brush ill
turnpike ; thence running from said point till it meets the
northeasterly side of Seaver street ; thence running in a
northwesterly direction, and following the northeasterly
line of Seaver street, until it strikes Walnut street ; thence
continuing across said Walnut street, in the same general
direction, and following the northeasterly side of a new
street recently laid out, and which forms a continuation of
said Seaver street, until it strikes the Norfolk and Bristol
turnpike ; and from the last named point, said point being
the intersection of the said new street and the Norfolk and
Bristol turnpike, the said line then running in a northwester-
ly direction and in a straight course, including the dwelling
house of Leonard Hyde, Esq., and twenty-five feet from
the rear thereof, and thence continuing in the same straight
course and direction until it strikes the line which separates
the town of Brookline from the city of Roxbury, is hereby
incorporated into a town by the name of West Roxbury;
and the inhabitants of the said town of West Roxbury are
hereby invested with all the powers and privileges, and
shall be subject to the duties and requisitions, of other incor-
porated towns, according to the constitution and laws of
this Commonwealth.
Sect. 2. The inhabitants of the said town of West
Roxbury shall be holden to pay all arrears of taxes which
have been assessed upon them by the city of Roxbury, be-
fore the passing of this act, and also their proportion of all
1851. Chap. 250. 747
county and state taxes that may be assessed upon them pre- Shall pay coun-
viously to the taking of the next state valuation ; such 'axes till next
proportion to be ascertained and determined by the last valuation,
city valuation ; and the said town of West Roxbury shall
be holden to pay their proportion of the debts due and o\v- Holden to pay
ing, at the time of the passage of this act, from the city of the debts of city
Roxbury, and shall be entitled to receive of the city of of Roxbury.
Roxbury their proportion of all the corporate property now
owned by said city of Roxbury, such proportion to be as-
certained by the last valuation of said city of Roxbury :
provided, however, that the city of Roxbury shall be author- Proviso.
ized to collect the tax which is assessed by virtue of law City of Rox-
on the first of May, this current year, upon the inhabitants 5>oc3oHecuheed
and owners of property in said West Roxbury ; and the tax of current
said city of Roxbury, after deducting the reasonable ex- plover, &c.
penses of assessing and collecting the same, shall account
with and pay over the same to the town treasurer of said
West Roxbury j and the said city of Roxbury shall incur Roxbury shall
no liability for the said town of West Roxbury, after the jfaWiitTforw!*
passage Of this act. Roxbury.
Sect. 3. The said city of Roxbury and the town of Liability for
West Roxbury shall be respectively liable for the support pauper
of all persons who now do, or hereafter shall, stand in need
of relief as paupers, whose settlement was gained or derived
from a settlement gained or derived within their respective
limits.
Sect. 4. In case the said city of Roxbury and town in case of disa-
of West Roxbury shall disagree in respect to a division of ffece™nmon°Urt
paupers, citv property, city debts, or state and county tax- pleas to appoint
lu \ c l f 4-U 4- C TV e 11 referees, &c.
es, the court of common pleas for the county of .Norfolk
are hereby authorized to, and shall, on application of said
city of Roxbury, or of said town of West Roxbury, ap-
point three disinterested persons to hear the parties and
award thereon, which award, when accepted by such court,
shall be final. In the division of the city property, the
Brook Farm and the land known as the Forest Hills Ceme- Brook Farm
tery shall be assigned to the said city of Roxbury, if de- celete^ho'w
sired by the city authorities, provided that the said city of disposed of.
Roxbury shall assume and discharge the debts created by
the purchase of said farm and cemetery, and the incidents
thereof ; and the same shall be free from taxation so long
as they shall be occupied for the purposes of a poor farm
and a cemetery respectively.
Sect. 5. The town of West Roxbury shall, for the pur- West Roxbury
pose of electing the representatives to the General Court part 07 Roxbury
to which the territory comprised in the city of Roxbury is for the election
. , j ., V \ -, . , -i of rcpresenta-
now entitled, until the next decennial census, or until an- tives \0 General
748
1851.
-Chap. 250—251.
Court, till next
census.
Selectmen of
West Roxbury
to preside, &x.
Town clerk to
certify, &c.
Justice of the
peace may issue
warrant for
town meeting.
When to take
effect.
other apportionment of representatives be made, remain a
part of the said city of Roxbury ; and the inhabitants of
said West Roxbury shall vote for the number of represent-
atives which the city authorities of Roxbury may decide
shall be elected, annually in town meeting ; and it shall be
the duty of the selectmen of said West Roxbury to preside
at said town meeting, and receive the votes, and the certifi-
cate thereof shall be made by the said selectmen, and certi-
fied by the town clerk of said West Roxbury, whose duty
it shall be to make return thereof to the mayor and alder-
men of the said city of Roxbury within forty-eight hours
of the day of voting, and the votes so returned shall be
counted by the said mayor and aldermen as a part of the
vote of the said city of Roxbury.
Sect. 6. Any justice of the peace in the county of Nor-
folk is hereby authorized to issue his warrant to any princi-
pal inhabitant of the town of West Roxbury, 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.
Sect. 7. This act shall be in force from and after its
passage. [Approved by the Governor, May 24, 1S5L]
Chap 251.
Governor and
council empow-
ered to appoint
three commis-
sioners.
A hospital to be
erected for 250
patients, offi-
cers, &c.
Proviso.
Expense not to
exceed #100,-
000.
Accounts to be
audited, &c.
An Act authorizing- the erection of a Second Hospital for the Insane.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. His excellency the governor, with the advice
and consent of the council, is hereby authorized and em-
powered to appoint a board of three commissioners, who
shall purchase an eligible site in such section of the Com-
monwealth as the said commissioners may deem expedient,
and cause to be erected thereon a suitable hospital for the
care and cure of the insane ; the accommodations of such
hospital to be sufficient for two hundred and fifty patients,
a superintendent and steward, their families, and all the
necessary subordinate officers ; and the said commissioners
shall have power to make all contracts and employ all
agents necessary to carry into effect the powers hereinbefore
granted : provided, that the aggregate amount of expenses
and liabilities, incurred by virtue of the said powers, shall
not exceed the amount of one hundred thousand dollars.
And the said commissioners shall present all their accounts
to the governor and council, to be by them audited and al-
lowed, from time to time, as they shall deem proper.
1851. Chap. 251—252. 749
Sect. 2. In order to defray any expenses incurred in
pursuance of the preceding section, or to repay any sums
borrowed as hereinafter authorized, the treasurer is hereby
empowered, under the direction of the governor, with the
advice and consent of the council, to issue scrip, or certifi- #100,000 may
cates of debt, in the name and behalf of the Common- ^p^g^
wealth, and under his signature and the seal of the Com- cent.' redeema-
monwealth, to an amount not exceeding one hundred ise6£pnl l>
thousand dollars, bearing an interest of five per cent., pay-
able semiannually, on the first days of April and October,
with warrants for the interest attached thereto, signed by
the treasurer, which scrip or certificates shall be redeemable
on the first day of April, in the year one thousand eight
hundred and sixty-five, and shall be countersigned by the Countersigned
governor of the Commonwealth, and be deemed a pledge by g°veruor-
of the faith and credit of the Commonwealth for the re-
demption thereof. And the treasurer may, under the direc- Treasurer may
tion of the governor and council, dispose of any portion of thanpar01 ess
the said scrip at any price not less than its original par value.
Sect. 3. Such surplus of the Western Railroad Stock Provision for
Sinking Fund as may remain after the redemption of the Sinkms Fund-
stock issued by the Commonwealth to defray the amount
of its subscription as a stockholder of the Western Railroad,
together with one-half of the proceeds of such public lands
in the state of Maine as may be sold after the year one
thousand eight hundred and fifty-six, shall constitute a
sinking fund for the redemption of the scrip issued as here-
inbefore authorized, until such fund shall amount, with all
interest accrued thereon, to the sum of one hundred thou-
sand dollars.
Sect. 4. The treasurer, under the direction of the gov- Treasurer may
ernor and council, may borrow, in anticipation of the issue J^™^ &.I.
of any of the scrip authorized as above, of any of the
banks of this Commonwealth, or of any corporations or
individuals, such sums as may be necessary for any of the
purposes of this act : provided, that the whole amount bor- Proviso.
rowed by authority hereof, and remaining \inpaid, shall at
no time exceed the amount of one hundred thousand dol-
lars. [Approved by the Governor, May 24, 1851.]
An Act relating to Stockholders in Corporations. Chap 252.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. I . The stockholders of every corporation organ- stockholders li-
ized under any act of incorporation passed since the elev- jjjj^ ^Jf
enth day of March, in the year one thousand eight hundred due for labor,
750 1851. Chap. 252—254.
within six and thirty-one, or which shall hereafter be organized under
SeDdemanded anv special or general act, for manufacturing, mechanical,
&c. mining or quarrying business, shall be jointly and severally
individually liable for all debts that may be due or owing to
all their laborers, servants and apprentices, for services here-
after performed by themselves, their wives or minor children,
as operatives for such corporation, within six months next
preceding the demand made for any such debt ; and for the
recovery thereof, as well as to obtain contribution therefor
in case of payment by any stockholder, like remedies shall
be had as are provided in the thirty-sixth chapter of the
Revised Statutes in cases of individual liability of stock-
holders.
When to take Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 24, 1851.]
effect.
Chap 253. An Act concerning Judges of Probate.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, arid by the authority of
the same, as follows :
The provisions of the fifteenth section of the eighty-
third chapter of the Revised Statutes shall not apply to
any judge of probate, in any case within his jurisdiction,
unless his interests in such case shall exceed the sum of
one hundred dollars. [Approved by the Governor, May
24, 1851.]
Chap 254. An Act in addition to an Act to preserve the Harbor of Boston, and to
prevent encroachments therein.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Line of the har- Sect. 1. The line of that part of the harbor of Boston
BauenTand ^Ym§ between Battery and Gray's wharves, which was es-
Gray's wharves tablished by an act passed on the nineteenth day of April,
definedCUrate y i11 tne year one thousand eight hundred and thirty-seven, is
hereby more accurately defined, and shall run as follows,
that is to say : — By three equal chords of an arc of a circle
of twelve hundred feet radius, drawn through the southeast
angle of Battery wharf and the west corner of Gray's
wharf ; and all parts of said act inconsistent with this act
are hereby repealed.
When to take Sect. 2. This act shall take effect from and after its
effect. passage. [Approved by the Governor, May 24, 1851.]
1851. Chap. 255—256. 751
An Act concerning; Defendants in Actions on Joint Contracts. Chap 255.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. In any action founded on a contract, express Judgment may
or implied, pending before any court in this Commonwealth, agam" t such de-
or a justice of the peace, in which more persons than one fendantsas
are defendants, the plaintiff shall be entitled to judgment |haii be default-
against such defendants as may be defaulted, and against
those who shall, upon trial, be found to be liable on the
contract declared on, notwithstanding it shall be found,
upon such trial, that all the defendants in the said action
are not jointly liable upon the contract declared on.
Sect. 2. In any such action as that mentioned in the In suc" case,
preceding section, when any of the defendants are default- be rendered
ed, and, upon trial, any other of the defendants are found against ail de-
, , . , , L , , . -, , . . . fendants found
to be liable on the contract declared on, the court in which on iriaiiobe li-
the same is pending shall render judgment both against able, and separ-
■ r ° e • i ale executions
those defendants defaulted and those found on trial to be issued.
liable for the damages or debt, and the costs accruing up
to the time of the default, and against those who shall stand
trial for all costs accruing after the default, and shall issue
separate executions on the said judgment.
Sect. 3. Upon the trial of any action, as above men- Defendants who
tioned, any defendant, who may have been defaulted or defaulted, or
have confessed judgment prior to such trial, may be sum- confessed judg-
n . •* °, . x -ir-T i II i ment, may be
moned as a witness by the party defending, and compelled compelled to
to testify, if otherwise competent, in like manner as if he testl|y-
were not a party to the record. [Approved by the Gover-
nor, May 24, 1851.]
An Act to provide for Change of the Names of Persons. Chap 25 6.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. No lawful change of the name of any person, No change of
other than that of the wife in case of marriage or divorce, "0*"^*^
shall be made in this Commonwealth, except for sufficient reasons, &c.
reason, consistent with the public interest, and to the satis-
faction of the judge of probate of the county in which the
party resides ; and the several judges of probate shall have Judges of pro-
* 1 i J . • 11 i- 5 c 1 C bale shall hear
power to hear and determine all applications for change of aud determine,
name within their respective counties.
Sect. 2. Before decreeing a change of name on the Public notice of
application of any party, the judge of probate shall require snati'be^given,
due public notice of such application to be given, that all and of i|e
1 C 11311 trC ClC-
persons may appear and show cause, if any they have, why creel.
96
752
1851.
-Chap. 256—258.
May grant cer-
tificate, &c.
Appeal may be
taken.
Judges of pro-
bate shall make
a return, which
shall be pub-
lished each
year.
the application should not be granted ; and he shall require
also due public notice to be given of the change decreed ;
and on the return of the same, he may grant to the party a
certificate, under the seal of the court, of the name the
party is thereafter to bear, and by which name the said
party may sue and be sued, contract, take and hold prop-
erty, and perform all other lawful acts.
Sect. 3. Appeal may be taken to the supreme judicial
court from any act of a judge of probate in the premises,
in the same manner, and subject to the same conditions, as
in the case of other proceedings in probate courts.
Sect. 4. The judges of probate for the several coun-
ties shall annually, in the month of December, make a
return to the office of the secretary of the Commonwealth,
of all changes of names made under and by virtue of this
act ; and such returns shall be published in a tabular form,
with the statutes of each year. [Approved by the Gov-
ernor, May 24, 1851.]
Chap 257. -^n ^ct concerning the Appointment of Appraisers in Civil Process.
BE it enacted by the Senate arid House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Whenever appraisers are to be appointed under the pro-
visions of any process in the hands of the sheriff or his
and the third by deputy, such appraisers shall be appointed in all cases, one
er' c- by the debtor, one by the creditor, and the third by the
officer, and in all such cases the appraisers may be sworn
by such officer. [Approved by the Governor, May 24,
1851.]
One appointed
by debtor, one
by creditor
Chap 258. An Act requiring Returns from Treasurers of Institutions for Savings.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. The treasurer of each and every institution
for savings, and of each and every savings bank in this
Commonwealth, and of each and every institution for sav-
ings and savings bank, which hereafter may be incorpor-
ated, is hereby required, annually, between the first and
tenth day of May, to make returns in person or by mail to
the assessors of every city and town in this Common-
wealth in which they may have reason to suppose such de-
positors reside, of the names of all depositors having de-
posits amounting to five hundred dollars and upwards,
with the respective amounts standing to the credit of each.
Sect. 2. If any treasurer mentioned in the first section
Names of all
depositors of
$b00 and up-
wards shall be
returned to the
assessors, &c.
1851. Chap. 258—260. 753
of this act shall refuse or neglect to make the returns re- Penalty for
quired by the said section, or shall wilfully falsify a return, ncs,cct#50-
he shall forfeit and pay the sum of fifty dollars for every such
offence, to the use of the city or town in which depositors
reside, whose names and amounts have not been truly re-
turned. [Approved by the Governor, May 24, 1851.]
An Act to incorporate the Maiden Bank in Maiden. Ckttp 259.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. Timothy Bailey, Charles Lewis, Gershom L. Corporators.
Hall, their associates and successors, are hereby made a
corporation, by the name of the President, Directors and
Company of the Maiden Bank, to be established in Maiden,
and shall so continue until the first day of October, in the Chartered until
year one thousand eight hundred and seventy-two, and shall
be entitled to all the powers and privileges, and be sub-
ject to all the duties, liabilities and restrictions, set forth in
the public statutes of this Commonwealth relative to banks
and banking.
Sect. 2. The capital stock of the said bank shall con- Capital
sist of one hundred thousand dollars, to be divided into * '
shares of one hundred dollars each, to be paid in such in-
stalments and at such times as the stockholders may direct :
provided, that the whole be paid in before the first day of Proviso.
May, in the year one thousand eight hundred and fifty-two.
Sect. 3. The stock of the said bank shall be transfer- Stock transit
rable only at its banking-house and on its books. the bank, &<•.
Sect. 4. The said corporation shall be subject to all Subject to all
the liabilities, requirements and restrictions contained in &® ia l,ties*
such acts as may hereafter be passed by the General Court
in relation to banks and banking. [Approved by the Gov-
ernor, May 24, 1851.]
An Act to set off a part of the Town of Winchendon and annex the Chap 260.
same to the Town of Gardner.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. So much of the town of Winchendon, in the Boundaries of
county of Worcester, together with the inhabitants resi- off-
dent therein, as included within the following limits, is
hereby set off from said Winchendon and annexed to the
town of Gardner, to wit : — Beginning at the town corner,
on the easterly line of the town farm, belonging to said
Gardner ; thence running north thirteen degrees east, one
754
1851. Chap. 260—261.
hundred and seventy-one rods, on the line of Winchendon
and Gardner, to a stone monument ; thence north seventy-
eight and one half degrees west, eighty-two rods and eight
links to a wall ; thence south fourteen degrees west, one
hundred and seventy-one rods, to the county road leading
Extent 89 acres, from Gardner to Winchendon ; thence south seventy-eight
and one half degrees east, eighty-three rods, to the point of
beginning, containing eighty-nine acres.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, May 24, 1851.]
When to take
effect.
Chap 261.
Exceptions,
&c, though
refused at
court of com-
mon pleas may
be entered at
supreme judi-
cial court, and
same proceed-
ings had, as if
allowed in court
below.
Supreme judi-
cial court may
prescribe rules
in this respect.
If motion for
new trial be
overruled, ex-
ceptions maybe
filed at same
term.
When to take
effect.
An Act in addition to " An Act concerning the Supreme Judicial Court
and the Court of Common Pleas."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Whenever any party in any suit or matter
pending in the court of common pleas shall allege excep-
tions to any opinion, direction or judgment therein, con-
formably to the provisions of the act to which this is in
addition, if the presiding judge shall refuse to allow and
sign such exceptions, the truth of the allegations therein
contained may nevertheless be established before the su-
preme judicial court, and the exceptions be allowed accord-
ing to the truth ; and the same proceedings shall be had,
in removing the case in which the said exceptions are re-
fused to the supreme judicial court, as are now provided
by law in cases where exceptions are allowed and signed
by the judge presiding in the court below.
Sect. 2. The supreme judicial court may prescribe
rules in conformity with the provisions of the act, for set-
tling the truth of the exceptions so alleged and refused to
be signed and allowed, in any case which shall be removed
to the supreme judicial court as aforesaid.
Sect. 3. Whenever a motion for a new trial shall be
overruled in the court of common pleas, the party whose
motion is so overruled may nevertheless file his exceptions,
in the same manner and to the like effect as if no motion
for a new trial had been made : provided, the exceptions
be alleged and filed at the same term at which the motion
for a new trial shall be overruled.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 24, 1851.]
1851. Chap. 262—263. 755
An Act to exempt Pews from Attachment and Execution for Debt. Chap 262.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
There shall be exempted from attachment or seizure on One pew ex-
execution, a pew in one house of public worship, belong- empte '
ing to any debtor, and occupied by him or his family :
provided, nothing herein contained shall prevent the sale of Proviso.
any pew for non-payment of any tax legally laid upon
such pew. [Approved by the Governor, May 24, 1851.]
An Act to incorporate the Faneuil Hall Bank in Boston. Chap 263.
BE it enacted by the Senate and House of. Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Nathan Robbins, Jr., J. V. Fletcher, Dexter Corporators.
Follett, their associates and successors, are hereby made a
corporation, by the name of the President, Directors and
Company of the Faneuil Hall Bank, to be established in
Boston, and shall so continue until the first day of Octo- Limit of char-
. ter 1872
ber, in the year one thousand eight hundred and seventy-
two, and shall be entitled to all the powers and privileges, ^j^ges' lia"
and be subject to all the duties, liabilities and restrictions,
set forth in the public statutes of this Commonwealth
relative to banks and banking.
Sect. 2. The capital stock of the said bank shall con- Capital stock,
sist of five hundred thousand dollars, to be divided into '
shares of one hundred dollars each, to be paid in such in-
stalments and at such times as the stockholders may direct :
provided, that the whole be paid in before the first day of Proviso.
May, in the year one thousand eight hundred and fifty-
two.
Sect. 3. The stock of the said bank shall be transfer- Stock transfer-
able only at its banking house and on its books. backing Uuse.6
Sect. 4. The said corporation shall be subject to all Subject to all
the liabilities, requirements and restrictions contained in ment^&c3.*
such acts as may hereafter be passed by the General Court
in relation to banks and banking.
Sect. 5. This bank shall not be required to elect more Residence of
than one third of its directors from residents of Boston,
but a majority of them shall be residents or persons doing
business in the city of Boston. [Approved by the Gov-
ernor, May 24, 1851.]
756 1851. Chap. 264—265.
Chap 264. An Act to extend the time within which the Eastern Railroad Company-
may locate the extension of their 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 :
Time extended The act entitled an act authorizing the Eastern Railroad
monthsfrom the Company to extend their road, approved on the second day
termination of of May, in the year one thousand eight hundred and forty-
presentLegis- nine, is hereby renewed, and the time within which the said
lature. company may locate the extension of their road, as provided
in the said act, is hereby extended twelve months from and
after the termination of the present session of the General
Proviso. Court : provided, that so much of the said act as author-
acts repeaL™^ ized the extension of the said Eastern Railroad through
the city of Charlestown, to wit, that part of the first sec-
tion contained in the words, " to a point in the city of
Charlestown westerly of the Salem turnpike ; thence by
the most convenient line through said city of Charlestown,
to Thompson's wharf in said Charlestown ; thence cross-
ing Charles River ;" also, the whole of the third section
of the said act, are hereby declared to be repealed. [Ap-
proved by the Governor, May 24, 1851.]
Chap 265. An Act to set off a part of New Marlborough and annex the same to
Monterey.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Territory set Sect. 1. So much of the town of New Marlborough, in
the county of Berkshire, with the inhabitants thereon, as is
included within the following described limits, is hereby
set off from said New Marlborough and annexed to the
town of Monterey, in said county, to wit : — beginning at
the corner of New Marlborough and Monterey ; thence
running on Sandisfield line south, two degrees west, three
hundred and thirty-three rods to the tier or range line be-
tween the lots of said New Marlborough ; thence west,
two degrees south, six hundred and thirty-eight rods, on
said range line, to a stake and stones ; thence north thirty-
one degrees west, five hundred and forty-two rods, to a
stake and stones, standing on the town line between New
Proviso. Marlborough and Monterey : provided, however, that the
inhabitants and estates so set off shall be holden to pay all
arrears of taxes, which have been legally assessed upon
them by the town of New Marlborough, to the treasurer
thereof, in the same manner as if this act had not been
passed.
1851. Chap. 265—267. 757
Sect. 2. The said inhabitants hereby set off to Monte- inhabitants set
rey shall continue to be a part of the town of New Marl- p0cftw'ca
borough for the purpose of electing a representative to the Marlborough
General Court, and may vote in the said town for the same 07cicCctnigPrep-
until the next apportionment of representatives in this resentatives.
Commonwealth ; and it shall be the duty of the selectmen Duty of seicct-
of Monterey to make a true list of the persons residing on ^ny? M°n
the said territory, qualified to vote in such elections, and
deliver the same to the selectmen of New Marlborough,
seven days at least before any such election, and the same
shall be taken and used in the same manner as if prepared
by the said selectmen of New Marlborough.
Sect. 3. The town of Monterey shall be holden to Monterey
pay to the treasurer of the town of New Marlborough, j °st proportion*
until the next decennial census, the just proportion of all of taxes, &c
state and county taxes which may be assessed upon said
New Marlborough, in proportion to the valuation of the
polls and estates hereby set to Monterey. The said pro-
portion to be paid by said Monterey, shall be fixed by the
valuation of the said polls and estate next preceding the
passage of this act.
Sect. 4. The town of Monterey shall be liable for the Monterey liable
support of all persons who may, after the passage of this pn^s^? P*U
act, stand in need of relief as paupers, whose settlement
was gained by, or derived from, a residence within the
limits of the territory hereby set to the said town.
Sect. 5. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 24, 1851.]
fj^r3 Owing to an omission in the numbering, there is no Chapter 206, C/lCip 266.
and the figures are inserted for the sake of uniformity in appearance.
An Act to authorize the Business of Banking. CllCin 267.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Any persons, not less than fifty in number, Any number of
and their successors, may become a body corporate, for the jha^°fifty may*
purpose of carrying on the business of banking, on the become a body
terms and conditions prescribed in this act ; and such cor- p^bg.6
poration, the stockholders and officers thereof, shall be
entitled to all the powers, privileges, and remedies, and Powers, Habili-
shall be subject to all the duties, liabilities and restrictions, tlcs<&c-
set forth in the public statutes of this Commonwealth, and
in such acts as may hereafter be passed by the General
Court relating to banks and banking, so far as the same be
not inconsistent with the provisions contained in this act :
758
1851.
-Chap. 267.
Capital not less
than #100,000
nor more than
#1,000,000.
Shares #100,
all transferable
at bank onlv.
Proviso.
A certificate of
name of the
bank,
where located,
amount of capi-
tal,
residence of
stockholders,
when to go
into operation ;
shall be filed
with secretary
of Common-
wealth.
Attested copies
of same, suffi-
cient evidence.
Proviso.
May increase
capital.
Shall carry on
business only at
its banking
house.
May discount,
&c.
provided, that the capital stock of any bank, hereby author-
ized to be established, shall not be less than one hundred
thousand dollars, nor more than one million of dollars.
Sect. 2. The capital stock of any such bank shall be
divided into shares of one hundred dollars each', which
shall be transferable only at its banking house and on its
books ; and such capital stock shall be paid in gold or
silver money, in such instalments, and at such times, as
the stockholders may direct : provided, that one half of the
said capital stock shall be paid in before such bank shall
go into operation, and that the whole of such capital stock
shall be paid in within one year after such bank shall go
into operation.
Sect. 3. Before any such corporation shall commence
the business of banking, the president and directors there-
of, under their hands and seals, shall make a certificate,
which shall specify, —
First, the corporate name of such bank ;
Secondly, the name of the city or town in which such
bank is to be located ;
Thirdly, the amount of its capital stock, and the num-
ber of shares into which the same shall be divided ;
Fourthly, the names and places of residence of the stock-
holders, and the number of shares held by each ;
Fifthly, the time when such bank is to go into opera-
tion ; —
Which certificate shall be acknowledged before a justice
of the peace, and recorded in the registry of deeds of the
county in which such bank is to be located, and a copy
thereof shall be filed in the office of the secretary of the
Commonwealth ; and copies of such certificate, duly at-
tested by the register of deeds or secretary of the Com-
monwealth, shall be admitted as sufficient evidence in all
the courts of law, and on all occasions whatever : provided,
that no bank established under the provisions of this act
shall take the name of any bank heretofore organized or
incorporated in this Commonwealth.
Sect. 4. It shall be lawful for any bank organized
under this act, by a vote of three fourths of its stockhold-
ers, to increase its capital stock, but in such case the same
proceedings shall be had as are provided for in the preced-
ing section of this act.
Sect. 5. Such bank shall carry on at its banking house,
but not elsewhere, the usual business of banking. It may
receive deposits, and loan and negotiate its moneys and
effects by discounting, on banking principles, upon such
securities as its stockholders may deem expedient, and
1851. Chap. 267. 759
dividends of its profits may be made by its directors every
six months. And if any such bank, after receiving circu-
lating notes as hereinafter provided, shall neglect or omit
to carry on the usual business of banking, as provided in
this section, such neglect or omission shall work a forfeit- Refusal forfeits
ure of its privilege, and it may be proceeded against as pro- chartcr-
vided in the twentieth section of this act.
Sect. 6. The auditor of accounts is hereby authorized Auditor to ob-
and required to cause to be engraved and printed, in the b^knfteJe&c
best manner to guard against counterfeiting, circulating
notes in the similitude of bank notes in blank, of such
denominations as may now be issued by the incorporated
banks of this Commonwealth, and in such quantities as he
may, from time to time, deem necessary to carry into erTect
the provisions of this act ; and whenever such notes shall when delivered
be delivered to any bank established under the provisions l? *?7 bank>
c ,, . i /• i -i i ii i ■ t shall be counter-
oi this act, each of the said notes shall be countersigned signed, num-
by the said auditor, and shall be numbered and registered j^eredand 'eS
in proper books, kept by him for this purpose in his office.
Sect. 7. Whenever any bank, established under the When certain
provisions of this act, shall transfer to the auditor, at a p^ted^th*"
rate not above its par value, nor above its current market auditor, circu-
value, any of the public stock issued or to be issued by equaf amount"
any city or town in this Commonwealth, or by either of may be dehv-
the states of Massachusetts, Maine, New Hampshire, Ver-
mont, Connecticut, Rhode Island, or New York, or by the
United States, amounting in the aggregate to not less than
fifty thousand dollars, and to an amount not exceeding
twenty-five per cent, above its capital stock, such bank
shall be entitled to receive from the said auditor an equal
amount of circulating notes, countersigned and registered
as aforesaid ; and such notes shall be stamped on their How stamped,
face, " secured by the pledge of public stocks :" provided, Proviso.
always, that the stock above specified shall be, or be made
to be, equal to a stock of this State producing six per cent,
per annum.
Sect. 8. The auditor, upon the application of any bank Auditor may
which shall have deposited stock in trust, may in his dis- IZlkl cancei-
cretion surrender such stock, or any part thereof, to such l!"g equal
bank, and transfer the same in exchange for other stocks of ai
the kinds before specified in this act, or upon receiving and
cancelling an equal amount of circulating notes delivered
by him to such bank : provided, that the circulating notes Proviso.
held by such bank shall always be secured in full by public
stocks, as in this act provided, and shall not be reduced
below fifty thousand dollars.
Sect. 9. The auditor shall make and deliver, to any
97
760 1851. Chap. 267.
Auditor may bank established under this act, powers of attorney to re-
fuonfeyTo^ °f ceive tne interest and dividends which may be, or may be-
receive divi- come, due on the public stock deposited by such bank in
May revoke the his hands; but the said auditor shall have authority to
same and hold revoke such powers of attorney, whenever, in his judg-
trust;&c. m ment, the public safety requires him to do so; and all
moneys received by him, as interest or dividends, shall be
held in trust for and on account of such bank.
Notes being Sect. 10. Such bank, after having executed and signed
cifcuiateda"&c? suc^ circulating notes, as required by law to make them
obligatory notes, payable on demand at their banking
house, is hereby authorized to loan and circulate the same
as money, according to the ordinary course of banking
business as regulated by the laws and usages of this Com-
No other may mouwealth, and it shall not be lawful for such bank to
De issued. issue any other circulating notes.
Delay or re- Sect. 11. In case any such bank, after receiving such
such notes m circulating notes, countersigned and registered as aforesaid,
specie subjects shall refuse or delay payment, in gold or silver money, of
&cPe"a y' any such note or notes issued by such bank, presented for
payment in their usual hours of business, it shall be liable
to the penalty now prescribed by law for a failure to re-
deem bills on presentation, and the holder of any such
note or notes, making such demand, may cause the same
Holders may to be protested in the usual manner; and the auditor, on
beUprote°steed.° receiving and filing in his office such protest, shall forth-
with give notice in writing to such bank that issued such
If bank neglect protested note or notes ; and if such bank shall neglect or
redeem, auditor refuse to redeem such notes in gold or silver money for ten
may give no- days after such notice, the auditor shall immediately there-
tice tli t die
same win be upon, unless he shall be satisfied that there is a good and
redeemed ov legal defence against the payment of such note or notes,
mm p, o rata. P . ° r J
out of trust give notice, by publication in two or more newspapers,
funds, &c. tnat aji tne cjrcn]ating notes issued by .such bank will be
redeemed out of the trust funds in his hands for such pur-
pose ; and the auditor shall be required to apply the said
trust funds, belonging to the bank that issued such protested
notes, to the payment, pro rata, of all such circulating
notes, whether protested or not, put in circulation by such
bank that issued such protested notes pursuant to the pro-
visions of this act, and to adopt such measures for the pay-
ment of such notes, as will, in his opinion, most effectually
prevent loss to the holders thereof.
Certain provis- Sect. 12. The provisions of the fourth section of the
chn36,notSto thirty-sixth chapter of the Revised Statutes, and so much
apply to these of the eighth section of the said chapter as relates to the
amount of bills to be issued by any bank, shall not apply
1851.— Chap. 267. 761
to banks established under this act, nor shall the eleventh
section of chapter ninety-three of the statutes of the year
one thousand eight hundred and forty-three : provided, that Proviso.
no bank established under this act shall pay out from its
counter any bills except its own and those of other banks
of this Commonwealth.
Sect. 13. The plates, dies and materials, to be pro- Plates, &c, to
cured by the auditor for the printing and making of the [odTcVLTtor
circulating notes hereby provided tor, shall remain in his and each bank
custody and under his direction ; and each bank established pense" °
under the provisions of this act shall pay such portion of
the expense thereof as shall seem to the auditor just and
reasonable.
Sect. 14. It shall not be lawful for the auditor to conn- Auditor shall
tersign circulating notes for any bank to an amount, in the a°,!^"crersign
aggregate, exceeding the public stocks, as heretofore speci- amount of notes
fled, deposited by such bank in his hands ; and any auditor poshed™
who shall wilfully violate the provisions of this section,
shall, upon conviction, be adjudged guilty of a misde- Penalty, fine or
meanor, and shall be punished by a fine not less than five ^P^onment.
thousand dollars, or be imprisoned not less than five years,
or by both fine and imprisonment.
Sect. 15. Each bank established under the provisions Stocks to be
of this act shall, in addition to the returns now required returns^ "
by law, specify and describe the stocks which it has de-
posited with the auditor.
Sect. 16. The secretary of the Commonwealth shall Secretary of
. -iii 4. Commonwealth
prepare, m the manner now required by law, a separate shall make seP-
abstract of the returns of the banks established agreeably arate abstract
. . . , , , °. . c of returns.
to the provisions of this act ; and the annual meetings ot Annual meeting
the stockholders for the choice of directors shall be held in of stockholders,
conformity thereto, agreeably to the provisions of the tenth
section of the ninety-third chapter of the acts of the year
one thousand eight hundred and forty-three.
Sect. 17. The bank commissioners shall have the same Power of bank
power over the banks hereby authorized to be established, as commiss,oners-
they have, or shall have, over the incorporated banks of this
Commonwealth ; and it shall be their duty also to examine ^ Jjjj18
the certificates of stocks held by the auditor, and if in their seciL-lty,
opinion any of such stocks have depreciated in value, to make
them unsafe for the security deposited, said commissioners
shall require such bank to exchange such security, or give
additional security, to the satisfaction of said commissioners,
and also examine the amount of circulating notes which
may have been issued to any bank on account thereof.
Sect. 18. Whenever any bank, established under the When ninety
provisions of this act, shall have redeemed and returned to ^^^
the auditor at least ninety per cent, of the bank notes deemed and
762
1851.-
-Chap. 267.
provision made
for remainder,
securities may
be given up.
Banks giving
six years public
notice and proof
of same to
auditor, no
longer liable for
their bills.
Whenever a
judge of the
supreme court
is satisfied a
bank is insol-
vent or hazard-
ous, same pro-
ceedings may
be had as in
regard to other
banks.
Auditor to
transfer to
receivers all
stock, &c.
Legislature
may alter or
repeal, &c.
which it may have received, and shall deposit, in the name
of the auditor, in such bank as he shall approve, an amount
of money equal to the unredeemed circulating notes of
such bank, it shall be lawful for him to receive the same,
and to give up all the securities theretofore deposited by
such bank.
Sect. 19. Any bank, which shall have complied with
the provisions of the preceding section, may give notice,
for six years, in any newspaper authorized to publish the
laws of the Commonwealth, and also at least in one news-
paper published in the county where such bank is located,
that all circulating notes issued by such bank must be pre-
sented at the auditor's office within six years from the date
of such notice, and that, at the termination of said six
years, the said notes will not be redeemed ; and on proof
that such notice has been given, it shall be the duty of the
auditor to pay over to such bank any moneys in his hands ;
and such bank shall not be longer held for the redemption
of its bills.
Sect. 20. Whenever any justice of the supreme judi-
cial court shall be satisfied, from the certificate of the au-
ditor or otherwise, that any bank established under the
provisions of this act is insolvent, or that its condition is
such as to render its further continuance hazardous to the
public or to those having funds in its custody, or that the
bank has exceeded its powers, or has failed to comply with
all the rules, restrictions and conditions provided by law,
the same proceedings shall be had as may now be had in
reference to any incorporated bank of this Commonwealth,
agreeably to the ninety-third chapter of the acts of the
year one thousand eight hundred and forty-three, and the
acts in addition thereto.
Sect. 21. Whenever any bank shall be placed in the
charge of agents or receivers, by any justice of the su-
preme judicial court, it shall be the duty of the auditor to
transfer and pay over to such agents or receivers all stocks
or moneys held by him as the property of such insolvent
bank, such stocks and moneys, or the proceeds thereof, to
be faithfully applied by such agents or receivers to the re-
demption of the circulating notes of such bank.
Sect. 22. The Legislature may at any time alter,
amend or repeal this act, and may also by special act annul
or dissolve any corporation existing under the same ; but
the dissolution of such corporation, either by repeal of this
act, or by special act, shall not take away or impair any
remedy given against the same, its stockholders or officers,
for any liability which may have been previously incurred.
[Approved by the Governor, May 24, 1851.]
1851. Chap. 268—269. 763
An Act concerning the Police Court of the City of Worcester. Chap 268.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The governor, with the advice and consent of Governor may
i i i ii • i • i i c j.L appoint clerk
the council, shall nominate and appoint a clerk of the po- for five years.
lice court of the city of Worcester, who shall hold his
office for five years, unless sooner removed by the governor
and council; and in case of the absence or death of such in case of death
' or absence jus-
clerk, the justice of the said court may appoint a clerk pro tice of court
tempore, who shall officiate as such until the standing clerk ™a/^p01Dt
shall resume the performance of his duties, or until another
clerk shall be appointed by the governor and council.
Sect. 2. The clerk shall be sworn to the faithful per- Shall be sworn,
formance of his duties, and give bond to the county treas- and&lvebond-
urer in the sum of five thousand dollars, with surety or
sureties to the acceptance of the said treasurer, with condi-
tion for the faithful performance of the duties of his office.
Sect. 3. The clerk shall keep a record of the proceed- ShaMkeep
ings in all cases and concerning all matters and things cog- receiVeandpay
nizable in the said court, other than in civil suits between overall fines,
private parties ; receive, pay over and duly account for all
fines, penalties and costs, agreeably to law ; and do and
perform all the duties heretofore required to be performed
by the justice of the said court in his capacity of clerk.
Sect. 4. The standing justice of the said court shall standingjustice
receive a sum not exceeding twelve hundred dollars annu- ^lo^cierk,
ally, and the standing clerk shall receive a sum not exceed- poo, out of
ing five hundred dollars annually, out of the fees taxable
in the said court in criminal prosecutions, in full for their
respective services : provided, that whenever the compen- Proviso.
sation to which the special justices of said court are entitled,
by existing provisions of law, shall exceed the sum of two
hundred and fifty dollars in any one year, the said standing
justice shall pay said excess pro rata out of his compensa-
tion ; and the standing clerk, from his salary, shall pay to
any clerk pro tempore a pro rata compensation for all ser-
vices performed by him. [ Approved by the Governor, May
24, 1851.]
An Act to incorporate the Essex Bank, in Haverhill. Chap 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 :
Sect. 1. Charles B. Hall, John Dow, William Hale, Corporators.
their associates and successors, are hereby made a corpora-
tion, by the name of the President. Directors and Company
764
1851.
-Chap. 269—270.
Term.
Powers, liabili-
ties, &c.
Capital, $100,-
000.
Proviso.
Stock transfera-
ble only at
bank.
Subject to all
further acts, &c,
Chap 270.
Corporators.
Term.
Liabilities, &c.
Capital, #250,-
000.
Proviso.
Stock transfera-
ble only at
bank.
Subject to fu-
ture legislation.
of the Essex Bank, to be established in Haverhill, and shall
so continue until the first day of October, in the year one
thousand eight hundred and seventy-two, and shall be enti-
tled to all the powers and privileges, and be subject to all
the duties, liabilities and restrictions, set forth in the public
statutes of this Commonwealth relative to banks and bank-
ing.
Sect. 2. The capital stock of said bank shall consist
of one hundred thousand dollars, to be divided into shares
of one hundred dollars each, to be paid in such instalments
and at such times as the stockholders may direct : provided,
that the whole be paid in before the first day of May, in the
year one thousand eight hundred and fifty-two.
Sect. 3. The stock of said bank shall be transferable
only at its banking house, and on its books.
Sect. 4. The said corporation shall be subject to all the
liabilities, requirements and restrictions contained in such
acts as may hereafter be passed by the General Court in
relation to banks and banking. [Approved by the Gover-
nor, May 24, 1851.]
An Act to incorporate the Blackstone Bank, in Boston.
BE it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. A. L. Chamberlain, Joel N. Holden, William
Dillaway, Jr., their associates and successors, are hereby made
a corporation, by the name of the President, Directors and
Company of the Blackstone Bank, to be established in
Hanover street, in Boston, and shall so continue until the
first day of October, in the year one thousand eight hun-
dred and seventy two, and shall be entitled to all the pow-
ers and privileges, and be subject to all the duties, liabilities
and restrictions, set forth in the public statutes of this
Commonwealth relative to banks and banking.
Sect. 2. The capital stock of said bank shall consist
of two hundred and fifty thousand dollars, to be divided
into shares of one hundred dollars each, to be paid in such
instalments and at such times as the stockholders may di-
rect : provided, that the whole be paid in before the first
day of May, in the year one thousand eight hundred and
fifty-two.
Sect. 3. The stock of said bank shall be transferable
only at its banking house and on its books.
Sect. 4. The said corporation shall be subject to all the
liabilities, requirements and restrictions contained in such
acts as may hereafter be passed by the General Court, in
1851. Chap. 270—273. 765
relation to banks and banking. [Approved by the Gover-
nor, May 24, 1851.]
An Act to increase the Capital Stock of the Tradesman's Bank. Chap 271.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Tradesman's Bank, in Chelsea, are hereby authorized to in-
crease their present capital stock by an addition thereto of Addition, #50,-
fifty thousand dollars, in shares of one hundred dollars each, 00°-
which shall be paid in such instalments as the president and
directors may determine : provided, that the whole shall be Proviso.
paid in before the first Monday of April next.
Sect. 2. The additional stock aforesaid, when paid into Subject to like
the said bank, shall be subject to the like tax, regulations, tax"
restrictions and provisions to which the present capital stock
is now subject.
Sect. 3. Before the said corporation shall proceed to do Certificate to be
business on the said additional capital, a certificate, signed taj: ^Com-'6"
by the president and directors, and attested by the cashier, mouweaith.
under oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth.
Sect. 4. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 24, 1851.]
An Act concerning the Norfolk County Railroad Company. Chap 272.
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 Norfolk County Railroad Company are hereby au- Authorized to
thorized to contract with the Woonsocket Union Railroad woonsocket
Company for the building of the branch railroad, heretofore u»>°n Railroad
authorized, connecting Woonsocket Village with the said brMch,&c? *
Norfolk County Railroad in Bellingham, and for the use of
the same in connection with the roads of the said compa-
nies, upon such terms as the parties shall agree, or the
Legislature shall prescribe. [Approved by the Governor,
May 24, 1851.]
An Act concerning the Powers and Duties of Justices of the Peace. Chap 273.
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 justice of the peace or trial justice in this Common-
wealth shall commence or be concerned in the institution
766
1851.-
-Chap. 273—274.
Chap 27 4.
Shall vote on
second Monday
of November
next, on the
question, " Is it
expedient," &c.
Shall vole in
open town
meeting-, in
same manner
as, &c.
Duties of the
governor and
council.
of any civil action returnable before himself. [Approved
by the Governor, May 24, 1851.]
An Act relating to the calling a Convention of Delegates of the People,
for the purpose of Revising the Constitution.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The inhabitants of the several cities, towns,
districts and places within this Commonwealth, qualified to
vote for senators or representatives in the General Court,
shall, on the second Monday of November next, at the
meetings to be then held in the several cities and towns in
the Commonwealth, for the choice of governor, lieutenant
governor, senators and representatives in the General Court,
an article for this purpose being inserted in the warrants
calling such meetings, give in their votes by ballot on this
question, " Is it expedient that delegates should be chosen,
to meet in convention for the purpose of revising or alter-
ing the constitution of government of this Common-
wealth ?" And the vote upon said question shall be in
open meeting, and the votes in the several cities and towns
in the Commonwealth shall be received, sorted, counted,
declared, and transmitted to the secretary of the Common-
wealth, in the same manner as the votes for governor, lieu-
tenant governor and senators are now received, sorted,
counted, declared and transmitted, by the constitution and
laws of the Commonwealth ; and all returns not thus made
shall be rejected in the counting. And the governor and
council shall open and examine the returns made as afore-
said, and count the votes given on the said question ; and
the governor shall, by public proclamation, to be made on
or before the first Wednesday in January next, make known
the result, by declaring the number appearing in favor of
choosing delegates for the purpose aforesaid, and the num-
ber of votes appearing against the same ; and if it shall
appear that a majority of the votes given in and returned
as aforesaid are in favor of choosing delegates, as aforesaid,
the same shall be deemed and taken to be the will of the
people of the Commonwealth that a. convention should
meet accordingly ; and, in case of such majority, the gov-
ernor shall call upon the people to elect delegates to meet
in convention, in the manner hereinafter provided.
Sect. 2. If it shall be declared by the said proclamation
that the majority of votes, as aforesaid, is in favor of
choosing delegates, as above mentioned, the inhabitants of
the several cities and towns within the Commonwealth,
1851. Chap. 274. 767
now entitled any one year to send one or more representa- Delegates shall
tives to the General Court, shall, on the first Monday of Monday"/™1
April, in the year one thousand eight hundred and fifty-two, April, 1852.
assemble in their several meetings, to be duly notified by
warrant from the selectmen of the several towns and the
mayor and aldermen of the several cities, and shall elect
one or more delegates, not exceeding the number of repre- Number of dei-
sentatives to which each town or city is entitled the pres- exceed "epre-
ent year, it being the year in which the valuation of estates sentation m val-
in the Commonwealth is settled, to meet delegates from "'
other towns and cities in convention, for the purposes here-
inafter expressed. And, at such meetings of the inhabitants,
every person entitled to vote for representatives in the Gen-
eral Court shall have a right to vote in the choice of dele-
gates, and the same officers in the several cities and towns
in the Commonwealth shall preside at such elections, as now
preside in the choice of representatives to the General Court ;
and the votes for such delegates shall be received, sorted, How chosen,
counted, declared, recorded, and copies thereof delivered to
the delegates chosen, in the same manner as is now pro-
vided for in the case of representatives to the General Court.
And all laws now in force, regulating the duty and conduct
of town and city officers, sheriffs, magistrates and electors,
in the election of governor, lieutenant governor, senators
and representatives, shall, as far as applicable, apply and be
in full force and operation as to all meetings holden and
elections and returns made under this act, or which by this
act are required to be holden or made, and upon the like
forfeitures and penalties.
Sect. 3. The persons so elected delegates shall meet in Convention to
convention in the State House, in Boston, on the first Wednesday "in
Wednesday in September, in the year one thousand eight September,
hundred and fifty-two ; and they shall be the judges of the
returns and elections of their own members, and may ad- Regulations
journ from time to time ; and one hundred of the persons
elected, shall constitute a quorum for the transaction of busi-
ness ; and they shall proceed, as soon as may be, to organize
themselves in convention, by choosing a president, and such
other officers as they may deem expedient, and by estab-
lishing proper rules of proceeding; and, when organized, Duties when or-
they may take into consideration the propriety and expedi- ganiz<
ency of revising the present constitution of government of
this Commonwealth, or the propriety and expediency of
making any, and, if any, what alterations or amendments
in the present constitution of government of this Common-
wealth. And such alterations or amendments, when made A11 alterations
and adopted by the said convention, shall be submitted to t0 be submitted
m - to the people.
768
1851. -Chap. 274—275.
Pay of mem-
bers.
Secretary of
Commonwealth
to transmit cop-
ies of this act
and governor's
proclamation.
the people for their ratification and adoption, in such man-
ner as the said convention shall direct ; and if ratified by
the people, in the manner directed by the said convention,
the constitution shall be deemed and taken to be altered or
amended accordingly ; and if not so ratified, the present
constitution shall be and remain the constitution of govern-
ment of this Commonwealth.
Sect. 4. The said convention shall establish the pay or
compensation of its officers and members, and the expense
of its session ; and his excellency the governor, by and
with the advice and consent of the council, is authorized to
draw his warrant on the treasury therefor.
Sect. 5. The secretary of the Commonwealth is hereby
directed, forthwith after the passage thereof, to transmit
printed copies of this act to the selectmen of each town
and the mayor and aldermen of each city within the Com-
monwealth ; and whenever the governor shall issue his
proclamation, calling upon the people to elect delegates to
meet in convention, as aforesaid, the said secretary shall
also immediately thereafter transmit printed copies of the said
proclamation, attested by himself, to the selectmen of each
town and the mayor and aldermen of each city in the Com-
monwealth. [Approved by the Governor, May 24, 1851.]
Chop 275. -A-11 Act to renew the charter of the Neponset Bank.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Neponset Bank, a corporation heretofore incorporated and
established at Canton, are hereby continued a corporation
for the purposes of banking, until the first day of January
which shall be in the year one thousand eight hundred and
seventy, notwithstanding any limitation in the charter
thereof to the contrary, and the said corporation shall be
entitled to all the powers and privileges, and shall be sub-
ject to all the duties, liabilities, requirements and restric-
tions contained in such acts as are now in force, and to
puch other acts as may hereafter be passed, by the General
Court, in relation to banks and banking.
Sect. 2. If there be, on the part of the stockholders,
or any of them, any remonstrance against the continuance
of the said corporation, the said remonstrance shall be
made in writing, to the cashier of said bank, on or before
September 1st, tjie £rst ^y 0f September, in the year one thousand eight
hundred and fifty-one ; and if the stockholders so objecting
legally represent one fourth part of the capital stock there-
Charter contin
ued until 1870.
Powers, liab
lies, ike.
Remonstrance
of stockholders
must he made
pn or before
1851.-- — Chap. 275—277. 769
of, the said corporation shall not be entitled to the benefit
of this act. [Approved by the Governor, May 24, 1851.]
An Act to increase the Capital Stock of the Adams Bank. Ch(W 276.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloias :
Sect. 1. The president, directors and company of the
Adams Bank, in Adams, are hereby authorized to increase
their present capital stock by an addition thereto of fifty Addition, #50,-
thousand dollars, to be divided into shares of one hundred °00'
dollars each, which shall be paid in such instalments as the
president and directors may determine : provided, that the Proviso.
whole be paid in before the first day of May, in the year
one thousand eight hundred and fifty-two.
Sect. 2. The additional stock aforesaid shall be subject Subject to like
to the like tax, regulations, restrictions and provisions to tax' &c'
which the present capital stock of said corporation is now
subject.
Sect. 3. Before said corporation shall proceed to do Certificate to be
business on said additional capital, a certificate, signed by filed>
the president and directors, and attested by the cashier, un-
der oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth.
Sect. 4. This act shall take effect from and after its when to take
passage. [Approved by the Governor, May 24, 1851.] cficct-
An Act to incorporate the Amherst and Belchertown Railroad Company. Chap 277.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. Edward Hitchcock, Ithamar Conkey, Edward Corporators,
Dickinson, Myron Lawrence, Luke Sweetser, their associ-
ates and successors, are hereby made a corporation, by the
name of the Amherst and Belchertown Railroad Company,
with all the powers and privileges, and subject to all the Powers, duties,,
duties, liabilities and restrictions, set forth in the forty-fourth &c-
chapter of the Revised Statutes, and in all that part of the
thirty-ninth chapter of the said statutes relating to railroad
corporations, and in all other general laws relative to rail-
road corporations in this Commonwealth.
Sect. 2. The said company may locate, construct and Location.
maintain a railroad, with one or more tracks, from the depot
of the New London, Willimantic and Palmer Railroad, in
the town of Palmer, crossing the Western Railroad at or
near the depot of the said Western Railroad, in Palmer, by
770
1851. Chap. 277.
Capital stock,
6000 shares, of
5100 each.
May hold per-
sonal or real
estate.
May enter Ver-
mont and Mass.
Railroad, &c.
Tolls may be
reduced.
Proviso.
Other roads
may be allowed
to enter.
Road must be
located within
two years, and
completed in
four years.
the most convenient route, northerly, through the town of
Palmer, in the county of Hampden, and the towns of Bel-
chertown and Amherst, in the county of Hampshire, and
of Leverett, Sunderland and Montague, in the county of
Franklin, to the Vermont and Massachusetts Railroad, at a
point the most convenient to intersect the same in the said
town of Montague.
Sect. 3. The capital stock of the said company shall con-
sist of not more than six thousand shares, the number of
which shall, from time to time, be determined by the direct-
ors of the said company, and no assessment shall be laid
thereon of a greater amount in the whole than one hundred
dollars on each share, and the said company may invest and
hold such part thereof in real and personal estate as may be
necessary and convenient for the purposes of their incorpo-
ration.
Sect. 4. The said railroad company may enter upon
and unite their railroad, by proper turnouts and switches,
with the Vermont and Massachusetts Railroad, at some
convenient point at Grant's Corner, in Montague, or be-
tween said Grant's Corner and the depot of the said Ver-
mont and Massachusetts Railroad, in said town of Montague,
and may use the same, under the provisions and restrictions
of the laws relating to railroads in this Commonwealth.
Sect. 5. The Legislature may, after five years from the
time when the said railroad shall be opened for use, from
time to time reduce the rates of toll or other profits upon
the said road ; but the same shall not be so reduced, with-
out the consent of the said company, as to yield with the
said profits, less than ten per cent, per annum to the stock-
holders.
Sect. 6. The Legislature may authorize any company
to enter with another railroad upon and use the said Am-
herst and Belchertown Railroad, or any part thereof, by
complying with such reasonable rules and regulations as the
said Amherst and Belchertown Railroad Company may pre-
scribe, or as may be determined according to the provisions
of law.
Sect. 7. If the said company shall not be organized,
and if the location of the route of the said road shall not
be made and filed with the county commissioners of the
counties of Hampden, Hampshire and Franklin, respect-
ively, within two years from the passage of this act, or if
the said company shall fail to complete the said road with-
in four years from the passage of this act, then this act
shall be null and void.
Sect. 8. The persons who are, or shall become, stock-
1851. Chap. 277. 771
holders in the New London, Willimantic and Palmer Rail- Conditions on
road Company, being partly in the state of Connecticut and LondonAvniu
partly in this Commonwealth, with the assent of the legis- ™mic and
lature of the state of Connecticut, may, by vote duly passed Co."may be
at a legal meeting, and with the consent of the corporation un,ted Yllh thls
ii iii i ii • ii i corporation,
hereby created, duly expressed at a legal meeting called under the name
therefor, become stockholders in the last named corpora- Londo^Paim-
tion ; and, thereupon, the said two corporations shall be- er and Amherst
come united into one corporation, by the name of the New " ' °"
London, Palmer and Amherst Railroad Company, with a
capital not exceeding the amount of the joint capital of
both of the said corporations. And all the tolls, franchises,
rights, powers, privileges and property granted or to be
granted or acquired, under the authority of the legislature
of the state of Connecticut or of this Commonwealth, shall
be held and enjoyed by all the said stockholders, in pro-
portion to their number of shares in either or both of the
said corporations.
Sect. 9. After such union of the said companies shall Provisions in
have been perfected, the said stockholders shall hold their " \he tw0Ucon°
meetings, make their by-laws, appoint their officers, and pauies.
transact all their business as one corporation : provided,
that one or more of the officers of the said corporation shall
be resident in this Commonwealth, on whom process against
the said corporation may be legally served. And the said
corporation shall be held to answer within the jurisdiction
where such service may be made, and where the process
may be made returnable.
Sect. 10. The share or shares of any stockholder in Shares liable to
the said corporation shall be liable to attachment, and to be a
taken on execution, in the state where such stockholder
shall reside at the time of the service of such process :
provided, that the laws of such state authorize the attach- Proviso.
ment and taking on execution of such property ; and an at-
tested copy of such writ or execution, and of the return of
the officer thereon, shall, at the time of such service, be
left with the clerk or a director of the said corporation, or
at his usual place of abode, by the officer making the ser-
vice.
Sect. 11. The said corporation, so far as their road may R«ad in Mass.
be situated in Massachusetts, shall be subject to the general ^wSe.Ct '
laws of this State to the same extent as if their road were
wholly therein.
Sect. 12. No shares in the capital stock of the said No shares is-^
company shall be issued for a less sum or amount, to be Sl
actually paid in on each, than the par value of the shares
which shall be first issued.
772
1851.-
-Chap. 277—279.
Road divided
into sections.
How the funds
shall be appro-
priated to each.
Certificate to be
filed with secre-
tary of Com-
monwealth.
When to take
effect.
Chap 278.
Corporators.
Purpose.
Located in
Barre.
Powers, liabili-
ties, &c.
Sect. 13. For the purposes of construction, the road
hereby authorized shall be divided into two sections, one
extending from Palmer to the village of Amherst, and the
other from Amherst to Montague ; and a moiety of the
capital stock authorized by this act shall be appropriated
and set apart for the construction of each section ; and the
construction of neither section shall be commenced until a
certificate shall have been filed in the office of the secreta-
ry of the Commonwealth, subscribed and sworn to by the
president of said company and a majority of the directors
thereof, stating that all of the stock appropriated and set
apart for the construction of such section has been sub-
scribed for by responsible parties, and that twenty per cent,
of the par value of each and every share so appropriated
and set apart, has been actually paid into the treasury of
the company.
Sect. 14. This act shall take effect from and after its
passage. [Approved by the Governor, May 24, 1851.]
An Act to incorporate the Worcester County West Agricultural Society.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. William Parkhurst, Peter Harwood, Joseph
Bowman, Samuel Mixter, P. Emery Aldrich, their asso-
ciates and successors, are hereby made a corporation, by
the name of the Worcester County West Agricultural Soci-
ety, for the encouragement of agriculture and the mechanic
arts, by premiums and other means, in the town of Barre,
in the county of Worcester, with all the powers and privi-
leges, and subject to all the duties, liabilities and restrictions,
of other county agricultural societies established in this Com-
monwealth. [Approved by the Governor, May 24, 1851.]
Chap 279. An Act t0 incorporate the Cambridge Market Bank, 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 :
Sect. 1. Zachariah B. Porter, Walter M. Allen, George
Meacham, their associates and sucessors, are hereby made a
corporation, by the name of the President, Directors and
Company of the Cambridge Market Bank, to be established
in Cambridge, at the place called Porter's, adjacent to the
cattle market, and shall so continue until the first day of
October, in the year one thousand eight hundred and sev-
enty-two, and shall be entitled to all the powers and privi-
leges, and be subject to all the duties, liabilities and restric-
Corporators.
To continue till
1872.
Powers, duties,
&c.
1851. Chap. 279—281. 773
tions, set forth in the public statutes of this Commonwealth
relative to banks and banking.
Sect. 2. The capital stock of the said bank shall con- Capital stock,
ft 1 00 000
sist of one hundred thousand dollars, to be divided into * '
shares of one hundred dollars each, to be paid in such in-
stalments and at such times as the stockholders may direct :
provided, that the whole be paid in before the first day of Proviso.
May, in the year one thousand eight hundred and fifty-two.
Sect. 3. The stock of the said bank shall be transfera- stock transfera-
ble only at its banking house, and on its books. bank. al
Sect. 4. The said corporation shall be subject to all the Subject to fur-
liabilities, requirements and restrictions contained in such ther le£ls,atlon-
acts as may hereafter be passed by the General Court in re-
lation to banks and banking. [Approved by the Governor,
May 24, 1851.]
An Act in addition to an Act to incorporate the Maiden Steam Mills. Chap 280.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The corporation established by the name of Sha11 be called
the Maiden Steam Mills, shall hereafter be called and known Co. oy ston
by the name of the Boylston Company.
Sect. 2. The said corporation shall have and enjoy all Towers, restric-
tive powers and privileges, and be subject to all the duties, t10"5' c'
restrictions and liabilities, contained in the act incorporating
the said company, and in an act in addition thereto, and
also in the thirty-eighth and forty-fourth chapters of the
Revised Statutes : provided, that the said corporation may Proviso.
take, hold and possess real and personal estate, not exceed- May hold
ing two hundred thousand dollars in the whole, and the same #200'000-
may sell, convey, lease, or otherwise dispose of, as they may May sell, con-
deem proper. [Approved by the Governor, May 24, 1851.] yey, &c. &c.
An Act concerning Mutual Marine Insurance Companies. Chap 281.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. All mutual marine insurance companies, which ah companies
have been, or shall hereafter be incorporated in this Com- Lt^andR. s.
monwealth, shall possess the powers, and be subject to the ch- "•
duties and liabilities, contained in this act, and in the forty-
fourth chapter of the Revised Statutes, so far as the provis-
ions thereof may be consistent with this act, and with
those of their respective charters.
Sect. 2. Special meetings of any such company shall in'^'how'06
be called by the secretary, upon the written application of called, and how
774
1851.-
-Chap. 281.
Ten directors,
their qualifica-
tions, &.C.
Secretary and
clerk, his duties,
&c.
Vacancies, how
filled.
Elections, how
made.
A quorum for
business.
Compensation
of officers.
How policies
shall be sub-
scribed.
twenty members of the company, to be held at such time
and place as he shall direct, for the purposes set forth in
such application ; and such special meetings shall be noti-
fied in the manner provided by the by-laws of the com-
pany, if any be provided, and if not, by publication thereof,
in some newspaper printed within the county, at least seven
days before the time fixed for such meeting.
Sect. 3. The business of every such company shall be
conducted by not less than ten directors, one of whom
shall be chosen, by the directors, to be their president and
the president of the corporation ; they shall be members of
the company, and residents in this State, and they and all
other officers of the corporation shall be chosen annually,
and shall hold their offices for one year, and until others
shall be chosen and qualified in their stead.
Sect. 4. The directors shall choose a secretary, who
shall be clerk of the corporation, and who shall be sworn
to the faithful discharge of his duties, which shall consist
in keeping a record of all votes of the corporation and of
the directors, of all policies issued, and all transfers assent-
ed to by the company, and all such other records as may
be provided for by any by-law of the corporation, or by
any vote of the directors, together with such other duties
as may, from time to time, be required of him by law, or
by the directors of the company.
Sect. 5. Any vacancy in any office may be filled by a
special election, either by the members or directors of the
company, as the case may require.
Sect. 6. All elections shall be by ballot, and- absent
members may vote by proxy, authorized in writing ; the
by-laws shall fix the qualifications entitling one member to
more than one vote, and also the number of votes which
any one member may be allowed, but no member shall in
any case be allowed more than five votes.
Sect. 7. Any six of the directors shall constitute a
quorum for the transaction of business, and all questions
before them shall be decided by a majority of those pres-
ent, except in cases which are otherwise provided for by
law.
Sect. 8. The compensation of all officers shall be fixed
by the directors, and they shall have power to make rules
and by-laws for conducting the business of the corporation,
not inconsistent with the laws of the Commonwealth, nor
with any by-laws made by the corporation.
Sect. 9. All policies of insurance made by such com-
panies shall be subscribed by the president, or in case of
his death, inability or absence, by any two of the direct-
ors, and countersigned by the secretary of the company.
1851. Chap. 281. 775
Sect. 10. Every such company may make insurance Risks that may
on vessels, freight, money, goods and effects, against the betaken-
perils of the sea and other perils usually insured against
by marine insurance companies, as provided for in the
twelfth section of the thirty-seventh chapter of the Revised
Statutes, and may loan money upon bottomry and respon-
dentia.
Sect. 11. No such company shall, directly or indirectly, Trade pro-
deal or trade, in buying or selling any goods, wares, mer- lte '
chandise, stocks or commodities whatsoever.
Sect. 12. No such company shall take or hold any real Restrictions as
estate, unless specially authorized so to do by its charter, e°ta?eding rea'
or unless the same shall be taken on execution, or by the
foreclosure of a mortgage, for a debt due to the company,
and when so taken the same shall not be held more than
five years.
Sect. 13. The funds of such companies, other than How funds
premium notes, and subscriptions hereinafter mentioned, vested?"1"
shall be invested in the funded debt of this State, or of
the United States, or of any incorporated city or town in
this Commonwealth, or in mortgages on real estate within
the same, or in the stock of any bank or railroad corpora-
tion incorporated within the same : provided, that the capi-
tal stock of such railroad corporation shall have been wholly
paid in, and that not more than one third part of the funds
aforesaid shall be invested either in railroad stock, or in
mortgages of real estate, nor more than one fifth part of
the said funds in the stock of any one railroad or banking
corporation.
Sect. 14. No such company shall have at risk at any Policies re-
one time upon the same bottom, either by way of bottomry amount,
or respondentia, or by means of one or more policies upon
vessels, freight or property, or either of them, a greater
sum than ten per cent, of its subscription hereinafter men-
tioned and its funds invested. And if it shall at any time in case of ex-
be ascertained that by means of open policies and endorse- c<
ments thereon, a sum greater than the ten per cent, as
aforesaid is so at risk, it shall be the duty of the president
and directors, as speedily as may be, to obtain reinsurance
for the amount of such excess ; and for the neglect of such Liability in case
duty, the president and directors shall be jointly liable to °0.ne|
reimburse to the company all loss which the company may
sustain by reason of such excess of risk : provided, that Proviso.
no person shall be liable as aforesaid without notice of
such excess, and subsequent neglect to use due diligence to
obtain such reinsurance.
Sect. 15. No policy of insurance shall be issued by
99
776 1851. Chap. 281.
No policy to be any such company, until a memorandum in writing shall
ta^uE'ip^' have been signed by members thereof to the effect folio vv-
tions are made in0-, viz :
The subscribers, members of the Insurance
Company, severally agree to pay to the said company, on
demand, the sums set opposite their respective names, or
such parts thereof as may from time to time be called in
for the use of the said company, the same to be payable
either in money or in promissory notes.
And when the sum of two hundred thousand dollars, if
the company be in the city of Boston, or fifty thousand
dollars if not within the said city, shall have been so sub-
scribed, and the president and directors shall have certified
at the foot of the subscription paper, that the subscribers
of that amount are known to them, and that they do verily
believe such subscribers to be solvent and able to pay the%
sums by them subscribed, policies of insurance may be
issued by the company ; additions to which subscriptions
may be made at any time thereafter, as the directors may
deem expedient, subject to be certified in the manner here-
inbefore enacted.
Liabilities of Sect. 16. If the president or any director shall falsely
ccnfficates. certify as aforesaid, he shall be personally liable for so much
of any sum subscribed, as the subscriber thereof shall fail
to pay.
How ail sub- Sect. 17. All subscriptions as aforesaid, whether paid
scriptions shall • * 1 11 i. j j ± i_ i.
be deemed, held m money or notes, shall be deemed to be payments on ac-
and used. count of premiums for insurance thereafter to be effected
by the company for the subscriber ; but the same shall
nevertheless be held for the losses of the said company as
they accrue, and if paid in notes, the said notes shall be
made payable within twelve months from the date thereof,
and shall be deemed to be part of the capital stock of the
said company, and, as such, of good consideration in law.
And they may be collected or negotiated by it for the pay-
ment of losses or otherwise, in the course of its business.
May commence Sect. 18. Any mutual marine insurance company may,
safety fand, and if the members so determine, instead of the subscriptions
pay dividend, hereinbefore described, commence and transact business
with a safety fund of not less than fifty thousand dollars,
paid in and invested as provided in the thirteenth section
of this act. And every such company may pay annually
upon said capital stock, as dividend, the same per cent, of
profits as shall be declared an earned premium, and may
pay the principal of the said fund whenever the actual net
profits of such company shall be sufficient to replace the
said fund, and shall have been invested according to law
as aforesaid.
1851. — -Chap. 281. 777
Sect. 19. If any such company shall he liable for Liability of
losses to an amount exceeding their profits invested and ^J^iJjJS
cash on hand, together with their unpaid premiums for profits, Pre-
risks terminated, and sums subscribed as aforesaid and un- miums'
paid, and the president or directors after knowledge thereof,
and while such state of things shall continue, shall make
any new or further insurance, the persons and estates of all
who shall make such insurance, or assent thereto, shall be
jointly and severally liable to the assured for any loss which
shall take place under such insurance.
Sect. 20. It shall be the duty of the secretary, under Secretary shall
the direction of the president, as often at least as once in ™atements, to
each month, to make up and lay before the directors a be subscribed
, , *■ J ~ . ^ . by president
statement, showing the amount of unpaid premiums on and secretary,
risks terminated, the amount of profits invested, the amount
of cash on hand, the amount of sums subscribed by mem-
bers and yet unpaid, the amounts of losses claimed but not
yet adjusted, specifying each claim and setting against each
the sum which Avill probably prove to be due, and the
amounts of losses claimed and adjusted ; also a statement
of the amount issued during the past month, with a par-
ticular specification of the same, showing to whom the in-
surance has been made, on what property and in what
sums ; and such statements shall be subscribed by the presi-
dent and secretary, and shall be preserved and kept by the
secretary.
Sect. 21. Every such com nany shall make returns to Each company
. r . . . -iii r i sna" make re-
the Legislature as is now required by law ot such compa- turns, &c.
nies, and shall be liable to be taxed by any general law
providing for the same.
Sect. 22. All mortgages on real estate held by any Mortgages held
such company, shall be liable to be attached, and taken a°tachmeut &c.
and sold on execution, in the manner provided in the fifty-
second, fifty-third and fifty-fourth sections of the thirty-
sixth chapter of the Revised Statutes, in respect to mort-
gages held by banks.
Sect. 23. Every person who shall subscribe, before the Condition of
- . , . n t membership.
organization of the company, a memorandum according to
the fifteenth section of this act, and every person who
shall be insured by such company shall be a member there-
of: 'provided, that no person shall continue a member, by Proviso.
virtue of such subscription only, for a longer period than
one year after the organization of such company, nor by
virtue of being insured, after the termination of the risk
insured against, and the payment of any sum due by rea-
son thereof ; but nothing herein contained shall be deemed
to affect the right of any person to a share of profits accord-
ing to the by-laws of the company.
778
1851.
-Chap. 281—282.
When profits
exceed
#250,000, sur-
plus may be
divided.
Where the
office of com-
pany shall be.
Fire insurance.
Provision for all
marine insur-
ance compa-
nies.
Chap 282.
Corporators.
Terms.
Capital stock,
# 100,000.
Proviso.
Stock trans-
ferable at bank
only.
Subject to such
acts as may be
passed, &c.
Sect. 24. Whenever the profits of any such company-
shall have exceeded the sum of two hundred and fifty
thousand dollars, any surplus above that sum may be di-
vided among those entitled thereto, according to the by-
laws of the company.
Sect. 25. No company of mutual marine insurance
shall have an office for the transaction of business at any
place in the Commonwealth other than that designated in
its act of incorporation.
Sect. 26. Nothing herein contained shall be so con-
strued as to deprive any insurance company of the right to
insure against fire, if the same be expressly granted in the
charter of such company.
Sect. 27. Any company incorporated in the Common-
wealth for marine insurance, with a capital stock paid in
and invested according to law, may proceed to transact
business according to the powers and principles of mutual
insurance. [Approved by the Governor, May 24, 1851.]
An Act to incorporate the Westfield Bank in Westfield.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Thomas Ashley, William G. Bates, Edward
B. Gillett, their associates and successors, are hereby made
a corporation, by the name of the President, Directors and
Company of the Westfield Bank, to be established in West-
field, and shall so continue until the first day of October,
in the year one thousand eight hundred and seventy-two,
and shall be entitled to all the powers and privileges, and
be subject to all the duties, liabilities and restrictions, set
forth in the public statutes of this Commonwealth relative
to banks and banking.
Sect. 2. The capital stock of said bank shall consist
of one hundred thousand dollars, to be divided into shares
of one hundred dollars each, to be paid in such instalments
and at such times as the stockholders may direct : pro-
vided, that the whole be paid in before the first day of
May, in the year one thousand eight hundred and fifty-two.
Sect. 3. The stock of said bank shall be transferable
only at its banking house and on its books.
Sect. 4. The said corporation shall be subject to all
the liabilities, requirements and restrictions contained in
such acts as may hereafter be passed by the General Court
in relation to banks and banking. [Approved by the Gov-
ernor, May 24, 1851.]
1851. Chap. 283—284. 779
An Act concerning the Dorchester and Milton Branch Railroad Com- Chap 283.
pany. "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Dorchester and Milton Branch Railroad May issue 550
Company is authorized and empowered to issue five hun- s^™ls£r^"ed
dred and fifty shares of preferred stock, the time and man- value.
ner of issuing which shall be determined by the directors
of the said company, but no portion thereof shall be issued
at less than its par value of one hundred dollars a share.
Sect. 2. In the certificates issued therefor, the same Certificates,
shall be called preferred stock ; and the board of directors
are empowered to declare and pay semi-annual dividends
thereon, out of the net earnings of the said company, not
exceeding three per cent, semi-annually ; and no dividends Dividends.
shall be declared and paid upon any other stock of the
said company now in the hands of stockholders, except
the same be paid out of the net surplus earnings, after the
semi-annual payment of dividends on such preferred stock.
Sect. 3. The said preferred stock shall be redeemable Redeemable,
agreeably to any stipulation made by the corporation before
the issue thereof, and shall be redeemable at any time after
ten years from its issue, the corporation paying to the holders
of such stock the par value of the same, and all dividends
due thereon, which said dividends shall be declared semi-
annually, and be payable in money.
Sect. 4. The said corporation may, on redeeming such May issue stock
preferred stock, issue in substitute therefor an equal num- msu slue-
ber of shares at par, to remain on the same basis as the
original stock.
Sect. 5. This act shall not take effect until the same when to take
shall be accepted by a vote of three fourths of the stock effect-
represented at a stockholders' meeting, specially convened
for that purpose.
Sect. 6. This act may be altered, amended or repealed. May be altered,
at the pleasure of the Legislature. [Approved by the Gov-
ernor, May 24, 1851.]
An Act to increase the Capital Stock of the Warren Bank, in Danvers. Chap 284.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The president, directors and company of the
Warren Bank, in Danvers, are hereby authorized to increase Addition $mr
their present capital stock, by an addition thereto of sixty
thousand dollars, in shares of one hundred dollars each,
780
1851.
-Chap. 284—286.
which shall be paid in such instalments as the president
and directors may determine : provided, that the whole
be paid in before the first Monday of April, in the year one
thousand eight hundred and fifty-two.
Sect. 2. The additional stock aforesaid, when paid into
said bank, shall be subject to the like tax, regulations, re-
strictions and provisions to which the present capital stock
of said bank is subject.
Sect. 3. Before said corporation shall proceed to do
Certificate to be business on said additional capital, a certificate, signed by
the president and directors, and attested by the cashier, un-
der oath, that the same has been actually paid into said
bank, shall be returned into the office of the secretary of
the Commonwealth.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 24, 1851.]
Proviso.
Subject to like
tax, &c.
filed with secre
tary of Com-
monwealth.
When to lake
effect.
Hit v» OQ^ An Act to incorporate the Great Barrington Mutual Fire Insurance
vnap zoo. Company#
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Corporators. Sect. 1. Egbert B. Garfield, John B. Woodruff, Ed-
ward P. Woodworth, their associates and successors, are
hereby made a corporation, by the name of the Great Bar-
rington Mutual Fire Insurance Company, in the town of
Term, 28 years. Great Barrington, for the term of twenty-eight years, for
Purpose.
Proviso.
the purpose of insuring dwelling houses and other build-
ings, and personal property, against loss by fire, with all the
powers and privileges, and subject to all the duties, liabili-
ties and restrictions, set forth in the thirty-seventh and forty-
fourth chapters of the Revised Statutes : provided, that no
policy shall be issued by this company until the sum of
one hundred thousand dollars shall have been subscribed to
be insured. [Approved by the Governor, May 24, 1851.]
Chap 286.
Twenty cells
shall be added
to old prison.
An Act in addition to an Act relating to the enlargement 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 :
Sect. 1. In addition to the enlargement of the State
Prison, authorized by the act passed on the third day of
May, in the year one thousand eight hundred and fifty,
there shall be added twenty cells in the east wing of the
old prison, to be constructed by raising the roof thereof a
sufficient space to afford the necessary room, and to con-
1851. Chap. 286—288. 781
form in arrangement and size to the other cells already au-
thorized in the same building.
Sect. 2. The additional enlargement authorized by
the preceding section shall be made under the superintend- By whom the
ence for the enlargement of the said prison authorized by ^"de.8''311 be
the act referred to in the first section of this act. And in
order to defray the expenses thereof, the governor is hereby Governor may
authorized to draw his warrants, from time to time, for an ^J^JHS?
amount not exceeding five thousand dollars, to be paid from #5000.
any moneys not otherwise appropriated.
Sect. 3. The board of inspectors of the State Prison
are hereby authorized to contract for laying a pipe from the
city square, in Charlestown, for the purpose- of carrying the Cochimate wa-
Cochituate water into the State Prison, in Charlestown ; and Jrod™cedb&.T."
they are also authorized to erect one or more workshops on Workshop may
such part of the prison premises, and after such plan, as be erected-
they may deem expedient ; and in order to defray the ex-
pense of the improvements authorized by this section, the
governor is hereby authorized to draw his warrant for the Warrants.
payment thereof, for an amount not exceeding five thou-
sand dollars, to be paid from any moneys not otherwise ap-
propriated.
Sect. 4. This act shall take effect from and after its Wflen to take
passage. [Approved by the Governor, May 24, 1851.]
An Act concerning the Powers of the Police Court of the City of Chap 287.
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 :
Sect. 1. The police court of the city of Worcester May exercise
may exercise all the powers and perform all the duties *f ^justices,
given to and required of trial justices in and for the county
of Worcester, by the laws of this Commonwealth.
Sect. 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 24, 1851.]
An Act for the quieting of Titles to Mortgaged Real Estate transferred hy Chap 288.
Executors or Administrators.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
All transfers of mortgaged real estate made by executors Transfers of
or administrators after the passage of the Revised Statutes, j^Sbfexeecu-
and prior to the passage of the statute of the year one thou- tors or admiris-
sand eight hundred and forty-nine, chapter forty-seven, if yisedStafutes "
duly executed, acknowledged and recorded, shall be valid and before stat-
782 1851. Chap. 288—290.
uteofi849, and effectual, to all intents and purposes, though the same
ma evai . may have been made without any license of court first
had and obtained ; and all titles to real estate, held under
such transfers, are hereby fully ratified, confirmed and es-
tablished. [Approved by the Governor, May 24, 1851.]
Chat) 289 ^n "^ct concermng the recovery of Damages against Aqueduct Corpo-
" ' rations.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever, upon the application of any per-
son who may have sustained injury from the operations of
any aqueduct corporations, in his lands or by the diversion
of water, damages shall have been assessed against such
County com- corporation by county commissioners, or the verdict of a
missioners may jury in pursuance of authority conferred upon them by the
issue warrants J J ' r J i-i
of distress for act incorporating such aqueduct company, or otherwise, the
a^ainsujque- commissioners may issue warrants of distress to compel
duct corpora- payment of such damages, with interest and costs, in the
agai'nst'miiroad same manner and with the same limitation as they may
corporations. now do in cases of railroad corporations.
No damages ai- Sect. 2. No such damages shall be recovered or al-
lowed of more ^ ]0Wed against any aqueduct corporation as aforesaid, except
standing. for injuries which shall have been sustained within three
years next preceding the filing of the application to the
Proviso. county commissioners therefor : provided, however, that in
all cases where the three years aforesaid shall have expired
within one month after this act shall take effect, such ap-
plication may be filed within one year after this act shall
take effect. [Approved by the Governor, May 24, 1851.]
C/lCW 290 "^n "^c* *n Nation to Damages sustained by the laying out of Highways.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
When there are Sect. 1. Whenever any persons shall have a claim for
am^^dam-"1" damages sustained in their property by the laying out of
ages the entire highways, turnpikes, or railroads, according to or in pursu-
paidufa trusfee. ance °f any °f tne provisions of the twenty-fourth and
thirty-ninth chapters of the Revised Statutes, having differ-
ent or separate interests in the said property, so that an es-
tate for life or for a term of years in the same belongs to one
person, and the remainder or reversion in fee belongs to
another, entire damages shall be assessed in the same man-
ner as is provided for in other cases, without any appor-
tionment thereof; and the amount of such damages shall
1851. Chap. 290—291. 783
be paid over to or be recoverable by any person whom the
parties owning the several interests may appoint therefor,
to be invested by such person, when paid over or recovered,
in bond, mortgage, or other good securities, and held in
trust for the benefit of the said parties, according to their
several interests, the annual income to be paid over to the
person in whom was the estate for life, or a term of years,
for the period such estate might have continued, and the
remainder after the termination of such estate, to be paid
over absolutely to the person that was entitled to the re-
version in fee, or to his heirs or devisees.
Sect. 2. In case any of the persons having an interest
in such property shall, by reason of any legal disability, be
incapacitated from choosing a trustee, as is provided in the
foregoing section, or in case the parties in interest cannot
agree upon a choice, then it shall be the duty of the judge Trustee in cer-
of probate of the county in which such property is situat- appointed by
ed, upon application to him made therefor, to appoint some Jud&e of Pr°-
suitable person as trustee, for the purposes named in the
said section. And the said trustee shall, before entering
upon the duties of his trust, give a bond to the said judge Bond to judge
of probate, with one or more sufficient surety or sureties, ° pr0 a'
in such penal sum as the judge shall prescribe, conditioned
for the faithful performance of his duties as trustee, under
the provisions of this act, which bond, upon breach of its
condition, may, by order of the said judge of probate, be How to be put
put in suit for the use and benefit of the persons interested ln su,t-
in the trust property, to be conducted in like manner as is
provided in case of bonds given by executors or adminis-
trators.
Sect. 3. The twelfth section of the twenty-fourth Section repeal-
chapter of the Revised Statutes, is hereby repealed. [Ap- ed-
proved by the Governor, May 24, 1851.]
An Act to change the Names of the Persons therein mentioned. Chap 291.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
William Seaton may take the name of William Harrison Suffolk,
Ainsworth ; John Henry Bright may take the name of
Henry Bright ; Franklin John Walter White may take the
name of Benjamin Franklin White ; Robert Lane Colby
may take the name of Robert Colby ; George Bradford
may take the name of George Royal Bradford, — all of Bos~
ton, in the county of Suffolk.
Catharine McMahan, of Danvers, may take the name of Essex.
Catharine Wilson ; Asa Loring Breed, of Lynn, may take
100
784
1851.-
-Chap. 291.
Middlesex.
Worcester.
Hampshire.
Hampdeu.
Norfolk.
Plymouth.
the name of Asa Breed ; John Atkinson, of Newburyport,
may take the name of John Moses Atkinson, — all in the
county of Essex.
George Monroe may take the name of Luther A. Reed ;
George Henry Monroe, a minor, may take the name of
George Henry Reed ; Mary Francis Monroe may take the
name of Mary Frances Reed, all of Charlestown ; Ann
McCarthy may take the name of Ann Miles ; Mary Jane
McCarthy may take the name of Mary Jane Miles ; Eliza-
beth Howard McCarthy may take the name of Elizabeth
Howard Miles ; Thomas McCarthy may take the name of
Thomas Miles ; Ellen McCarthy may take the name of
Ellen Miles ; Miles McCarthy may take the name of Fran-
cis Miles, all of Walt ham ; Jerome Bonaparte Lord may
take the name of Jerome Bonaparte Lawton ; Solomon
Fletcher may take the name of Solomon Lawrence Fletch-
er, both of Winchester, — all in the county of Middlesex.
Owen Wilson, of Leominster, may take the name of
Owen Augustus Wilson ; Alden Woodcock, of Leominster,
may take the name of Alden Augustus Woodman ; Daniel
Webster Gilbert, of West Brookfield, may take the name
of De Witt Gilbert ; Jacob Henry Paige, of Berlin, may
take the name of William Henry Paige ; Susan Gideon
Warner, of Boylston, may take the name of Mary Sophia
Hastings; Sarah Ann J. French, of Hubbardston, may
take the name of Sarah Jane Ashley ; Daniel P. Munjoy,
of Westminster, may take the name of Daniel P. Blake, —
all in the county of Worcester.
Grant Powers Stafford, of Cummington, in the county
of Hampshire, may take the name of Lewis Grant Staf-
ford.
Hannah Mellen Lyman may take the name of Annie
Lyman ; Abel Chapin may take the name of Abel Dexter
Chapin, both of Springfield, in the county of Hampden.
Charles Gay, a minor, of Roxbury, in the county of
Norfolk, may take the name of Henry Phillips.
Celinda J. Hammond may take the name of Isabella J.
Hammond ; Betsy F. Goss may take the name of Lizzie F.
Goss, — both of Middleborough, in the county of Plymouth.
And the several persons before mentioned, from and after
the passage of this act, shall be known and called by the
names which by this act they are respectively allowed to
assume as aforesaid, and the same shall hereafter be con-
sidered as their only proper and legal names. [Approved
by the Governor, May 24, 1851.]
1851. Chap. 292—293. 785
An Act to incorporate the Proprietors of the Catholic Cemetery in Dor- Chap 292.
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 :
Sect. 1. Nicholas J. Bean, Martin Lynch, James Nu- Corporators,
gent, their associates and successors, are hereby made a
corporation, by the name of the Catholic Cemetery Asso-
ciation in Dorchester, for the purpose of establishing and Purpose,
perpetuating a place for the burial of the dead, to be located
in the town of Dorchester, and shall have all the powers Duties, liabili-
and privileges, and be subject to all the duties, liabilities '
and restrictions, set forth in the one hundred and fourteenth
chapter of the acts of the year one thousand eight hundred
and forty-one, and in the forty-fourth chapter of the Re-
vised Statutes.
Sect. 2. The said corporation may hold real and per- Ma/ hokl real
, x . . ' ,, , and personal
sonal estate, necessary and convenient ior the purposes estate,
aforesaid, not exceeding in amount the sum of twenty-five
hundred dollars. [Approved by the Governor, May 24,
1851.]
An Act to set off a part of the Town of Rutland and annex the same to Chap 293.
the Town of Paxton.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. So much of the town of Rutland, in the Boundariesof
county of Worcester, with the inhabitants thereon, as is to™a°x?on.e
included within the following limits, is hereby set off from
the said Rutland and annexed to the town of Paxton, to
wit: — beginning at the stone monument at the northeast
corner of Spencer, on the line of Paxton ; thence on the
line of Rutland and Paxton north one degree and thirty
minutes west, four hundred and nine rods, to a stone mon-
ument at the northwest corner of Paxton ; thence on a
straight line south sixty-seven degrees west, about four
hundred and twenty-three rods to the line of Oakham ;
thence on the said line south eleven degrees east two hun-
dred and fifteen rods, to the monument at the southwest
corner of Rutland at the line of Spencer; thence on the
line of Spencer south eighty-four degrees east, three hun-
dred and sixty-one rods, to the point of beginning, contain-
ing about seven hundred and thirty-six acres : provided, p™ nso\n
however, that for the purpose of electing the representative refutation?11
to the General Court, to which the said town of Rutland
shall be entitled until the next apportionment of represent-
786
1851.-
-Chap. 293—295.
Liability of
persons and
estates set off
to pay assessed
taxes, &.c.
Liability of the
town of Paxton
for paupers.
When to take
effect.
atives, according to the provisions of the thirteenth article
of amendment of the constitution, the said territory shall
continue to be and remain a part of the said town of Rut-
land ; and the selectmen of the town of Paxton shall fur-
nish to the selectmen of the town of Rutland, fourteen
days at least before the second Monday of November annu-
ally, a true list of all persons resident on the said territory,
who may be entitled to vote in the choice of representa-
tives, as aforesaid, in the town of Rutland.
Sect. 2. The inhabitants and estates, so set off, shall
be liable to pay all taxes that have been legally assessed
on them by the town of Rutland, and also all taxes that
may be assessed as aforesaid the current year, and all state
and county taxes that may be assessed upon them pre-
viously to the taking of the next state valuation ; and the
town of Rutland shall pay into the treasury of the town
of Paxton, whatever portion of the highway and school
taxes so assessed has not been expended for the purpose
for which they were raised, in the same manner as if this
act had not been passed.
Sect. 3. The town of Paxton shall be liable for the
support of all persons who may after the passage of this
act stand in need of relief as paupers, whose settlement
was gained by or derived from a residence within the limits
of the territory set off as aforesaid.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 24, 1851.]
Chap 294. An Act to incorporate the Medford Lyceum and Library Association.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
James M. Usher, John Pierpont, junior, Henry W. Usher,
their associates and successors, are hereby made a corpora-
tion, by the name of the Medford Lyceum and Library
Association, with all the powers and privileges, and subject
to all the duties, liabilities and restrictions, set forth in the
forty-fourth chapter of the Revised Statutes, with power
also to hold real and personal estate not exceeding the sum
of twenty thousand dollars. [Approved by the Governor,
MayU, 1851.]
Corporators.
May hold
#20,000 real
and personal
estate.
Chap 295.
An Act concerning intercourse with Convicts in 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 folloios :
Sect. 1. The inspectors and warden of the State Prison
1851. Chap. 295—296. 787
are hereby authorized to make such regulations as they interviews to bo
may think necessary or expedient, in relation to interviews [Rectors and
of the convicts with their friends from without the prison, warden, and to
.. .... . . . -,, . take place in
during which interviews the convicts and the persons in presence of lat-
comniunication with them shall be under the eye of the ter-
warden.
Sect. 2. The warden may, at such time and under Warden, with
such circumstances as he shall deem expedient, with the Spectors, may
consent of the inspectors, make known to convicts the communicate,
r . . . - ... at his discre-
whole or parts of any communications received by him tion, any mes-
from their friends without the prison, and he may, in like any^soneiT
manner, with the consent of the inspectors, make known
to such friends the whole or such parts of communications
made to him by prisoners as he shall deem proper.
Sect. 3. AH laws or parts of laws inconsistent with Repeal of in-
. . . r * ■ ii i j consistent pro-
file provisions or this act, are hereby repealed. visions.
Sect. 4. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 24, 1851.]
An Act to establish the City of Newburyport. Chap 296.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. The inhabitants of the town of Newburyport Name power
shall continue to be a body politic and corporate, under the oUn^ci'ty.'68
name of the city of Newburyport, and as such shall have,
exercise and enjoy all the rights, immunities, powers and
privileges, and shall be subject to all the duties and obliga-
tions, now incumbent upon and appertaining to the said
town, as a municipal corporation.
Sect. 2. The administration of all the fiscal, pruden- Mayor, aider-
. . . ™ . ~ , .j -^1*1 men, common
tial and municipal affairs of the said city, with the gov- council, called
ernment thereof, shall be vested in one municipal officer, ci,y c°uncl1-
to be styled the mayor ; one council of six, to be called
the board of aldermen ; and one council of eighteen, to be
called the common council ; which boards, in their joint
capacity, shall be denominated the city council, and the
members thereof shall be sworn to the faithful performance
of their respective offices. A majority of each board shall
constitute a quorum for doing business.
Sect. 3. It shall be the duty of the selectmen of New- Duty of seiect-
• . '« ., f 4.W + men to divide
buryport, as soon as may be alter the passage ot tins act, and equalize
and its acceptance by the inhabitants as hereinafter pro- the wards,
vided, to divide the said town into six wards, to contain, as
nearly as conveniently may be, an equal number of inhabi-
tants, which proceedings of the selectmen shall be subject
to the revision of the city council, within one year after
788
1851.-
-Chap. 296.
City council to
revise wards
once in five
years.
Annual choice
of city officers.
Duty of war-
den.
Clerk pro tern.
Duty of clerk,
of inspectors.
Oath of war-
den, clerk and
inspectors.
Warrants to be
drawn by
mayor and
aldermen.
Election of
mayor, alder-
men and com-
mon council.
By ballot.
Tenure of
office.
Election, sec-
ond Monday of
December an-
nually.
the passage of this act. And it shall be the duty of the
city council once in five years, and not oftener, to revise,
and, if it be needful, to alter the said wards, in such man-
ner as to preserve, as nearly as may be, an equal number of
inhabitants in each ward.
Sect. 4. On the second Monday of December, annu-
ally, there shall be chosen by ballot, in each of the said
wards, a warden, clerk and three inspectors of elections,
residents of 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 wardens to preside at all ward meet-
ings, with the power of moderators 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 to his successor in office all such records and
journals, together with all other documents and papers
held by him in the said capacity. And it shall be the
duty of the inspectors of elections to assist the warden in
receiving, assorting and counting the votes. And the
warden, clerk and inspectors, so chosen, shall respectively
make oath or affirmation, faithfully and impartially to dis-
charge their several duties relative to all elections, which
oath may be administered by the clerk of such ward to
the warden, and by the warden to the clerk and inspectors,
or by any justice of the peace for the county of Essex.
All warrants for meetings of the citizens for municipal pur-
poses, to be held either in wards or in general meetings,
shall be issued by the mayor and aldermen, and shall be in
such form, and shall be served, executed and returned in
such manner, and at such times, as the city council may
by any by-law direct.
Sect. 5. The mayor and six aldermen, one alderman
being selected from each ward, shall be elected by the
qualified voters of the city at large, voting in their respect-
ive wards ; and three common council men shall be elected
from and by the voters of each ward, being residents in
the wards where elected. All the said officers shall be
chosen by ballot, and shall hold their offices for one year
from the first Monday in January, and until others shall be
elected and qualified.
Sect. 6. On the second Monday of December annually,
the qualified voters in each ward shall give in their votes
1851. Chap. 296. 789
for mayor, aldermen and common council men, as provided
in the preceding section ; and all the votes so given, shall Votes, how to
be assorted, counted, declared and registered, in open ward be dlsPosed of-
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, Officers elected,
within twenty-four hours after such election, shall deliver, ufied!° °"
to the persons elected members of the common council, cer-
tificates of their election, signed by the warden and clerk,
and by a majority of the inspectors of elections, and shall
deliver to the city clerk a copy of the records of such elec-
tions, certified in like manner: provided, however, that, if Meeting may be
the choice of the common council men shall not be effected a,J0U,"e •
on that day, the meeting may be adjourned, from time to
time, to complete such election. The board of aldermen
shall, as soon as conveniently may be, examine the copies
of 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 in case of no
appear that no person has received a majority of all the C10ice-
votes, or if the person elected shall refuse to accept the
office, the board shall issue their warrants for a new elec-
tion, and the same proceedings shall be had as are herein-
before provided for the choice of a mayor, and repeated,
from time to time, until a mayor shall be chosen.
In case of the decease, resignation or absence of the in case of de-
mayor, or his inability to perform the duties of his office, it uon^abscnflTor
shall be the duty of the board of aldermen and the com- inability of
mon council, in convention, to elect a mayor to serve dnr- mayor-
ing the unexpired term, or until the occasion, causing the
vacancy, be removed. And if it shall appear that the num- °f aldermen,
ber of aldermen have not been elected, the same proceed- notifaatfon"&.c.
ings shall be had as are hereinbefore provided for the
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 Oath to mayor.
the mayor by the city clerk, or any justice of the peace for
the county of Essex.
The aldermen and common council men elect shall, on Oathtoalder-
the first Monday in January, at ten o'clock in the forenoon, mon council,
meet in convention, when the oath required by this act whcn an<1 llo,w
i n i i • • t i i /• i . i i administered.
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 Essex ; and a certificate of such oath having
been taken shall be entered on a journal of the mayor and
election of
mayor,
790 1851. Chap. 296.
aldermen, and of the common council, by their respective
clerks.
Incaseofnon- And whenever it shall appear that no mayor has been
elected, previously to the said first Monday of January, the
mayor and aldermen for the time being shall make a record
of that fact, an attested copy of which the city clerk shall
read at the opening of the convention to be held as afore-
said.
After the oaths. After the oath has been administered as aforesaid, the two
commoncoun0- boards shall separate, and the common council shall be or-
cii- ganized by the choice of a president and clerk, who shall
be sworn to the faithful performance of their duties,
in absence of In case of the absence of the mayor elect, on the first
government, Monday of January, the city government shall organize it-
how organized, self in the manner hereinbefore provided, and may proceed
to business in the same manner as if the mayor were pres-
ent ; and the oath of office may be administered to the
mayor, at any time thereafter, in a convention of the two
branches.
in such case, In the absence of the mayor, the board of aldermen may
aldermen"" Gf choose a chairman pro tempore, who shall preside at joint
meetings of the two boards.
Record to be Each board shall keep a record of its own proceedings,
boardyeach ana" judge of the election of its own members ; and in case
of failure of an election, or in case of any vacancy declared
by either board, the mayor and aldermen shall order a new
election.
Duties of mayor Sect. 7. The mayor thus chosen and qualified shall be
speci e . t^e cj1jef executive officer of the said city ; it shall be his
duty to be vigilant in causing the laws and regulations of
the city to be enforced, and to exercise a general supervis-
ion over the conduct of all subordinate officers, and to cause
their neglect of duty to be punished ; he may call special
meetings of the boards of aldermen and common council,
or either of them, when necessary in his opinion, by caus-
ing notices to be left at the places of residence of the sev-
eral 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 boards, but shall have a casting vote
only. And the mayor shall receive no compensation for his
services.
Power and duty Sect. 8. The executive power of the said city gener-
transferredTo a^y> ana" tne administration of the police, with all the pow-
mayorandai- ers heretofore vested in the selectmen of Newburyport,
shall be vested in and may be exercised by the mayor and
dermen.
1851. Chap. 296. 791
aldermen as fully as if the same were herein specially
enumerated.
The mayor and aldermen shall have full and exclusive Appointing
power to appoint a constable and assistants, or a city mar- and aWmncn.01^
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 May require
person, who may be appointed marshal or constable of the ^aisand con-
city, to give bonds for the faithful discharge of the duties stabies.
of the office, with such security and to such amount as
they may deem reasonable and proper ; upon which bonds
the like proceedings and remedies may be had as are by
law provided in the case of constables' bonds taken by the
selectmen of towns.
The mayor and aldermen shall perform the duty imposed shall perform
upon the selectmen of the town of Newburyport by the i^ctmen.
fifth section of an act to annex a part of the town of New-
bury to Newburyport, enacted the seventeenth day of April,
in the year one thousand eight hundred and fifty-one, and
shall be liable to the forfeiture therein prescribed if they
neglect so to do.
The custody and visitation of all trust funds, now vested Trust funds,
in the selectmen of Newburyport, shall be transferred to
and vested, in the mayor and aldermen.
All other powers now vested in the inhabitants of the All powers of
said town, and all powers granted by this act, shall be vest- 0feuie town^are
ed in the mayor and aldermen and common council of the vested in the
said city, to be exercised by concurrent vote, each board to C1 y c'
have a negative upon the other ; but the city council shall,
annually, as soon after their organization as may be con-
venient, elect by joint ballot, in convention, a city treas- Election of
urer, collector of taxes, three assessors and three assistant 1^^"' asses-"
assessors, and a city clerk, and shall, in such manner as the sors, clerk and
said city council may determine by any by-law made for H™ inae
the purpose, appoint or elect all subordinate officers, not
herein otherwise directed, for the ensuing year, define their
duties and fix their compensations, in cases where such du- Their duties
ties and compensations shall not be defined and fixed by lj,on.compen
the laws of the Commonwealth.
All sittings of the mayor and aldermen, of the common Sittings of city
council, and of the city council, shall be public, when they %£$£.
are not engaged in executive business.
The city council shall take care that money shall not be Management of
paid from the treasury unless granted or appropriated ; shall pu lcProPert>-
secure a just and prompt accountability, by requiring bonds,
with sufficient penalty and sureties, from all persons en-
trusted with the receipt, custody, or disbursement of money ;
101
792
1851.-
-Chap. 296.
Schedule of re-
ceipts, expendi-
tures and city
property to be
published annu-
ally.
Nominations by
mayor —
Confirmations
by aldermen.
Ineligibility of
aldermen.
City clerk.
Duties.
Overseers of
poor, how elect-
ed.
Duties of.
School com-
mittee, how
chosen.
Duties of.
Assessors —
powers, duties,
liabilities, oath.
shall have the care and superintendence of city buildings,
and the custody and management of all city property, with
power to let or sell what may be legally let or sold ; and to
purchase property, real or personal, in the name and for the
use of the city, whenever its interest or convenience may,
in their judgment, require it.
And the city council shall, as often as once a year, cause
to be published, for the use of the inhabitants, a particular
account of receipts and expenditures, and a schedule of
city property.
Sect. 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, being subject,
however, to confirmation or rejection by the board of alder-
men ; and no person shall be eligible to any office of emol-
ument, the salary of which is payable out of the city
treasury, who, at the time of such appointment, shall be
a member of the board of aldermen or of the common
council.
Sect. 10. The city clerk shall also be clerk of the board
of aldermen, and shall be sworn to the faithful performance
of his duties. He shall perform such duties as shall be
prescribed by the board of aldermen ; and 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 Newbury-
port.
Sect. 11. The qualified voters of each ward, at their
respective annual ward meetings, shall elect by ballot one
person in each ward, who shall be a resident of the ward,
to be an overseer of the poor ; and the persons thus chosen
shall constitute the board of overseers of the poor, and
shall have all the powers, and be subject to all the duties,
now by law appertaining to the overseers of the poor for
the town of Newburyport.
And the qualified voters shall, at the same time and in
like manner, elect two persons in each ward, who shall be
residents of the ward, to be members of the school com-
mittee ; and the persons so chosen shall constitute the
school committee, and have the care and superintendence
of the public schools.
The assessors to be chosen, as hereinbefore provided,
shall constitute the board of assessors, and shall exercise
the same powers, and be subject to the same duties and lia-
bilities, that the assessors in the several towns in the Com-
monwealth may exercise or be subject to under existing
laws, and shall be sworn, as shall also the assistant asses-
sors, to the faithful performance of their duty.
1851.— —Chap. 296. 793
All taxes shall be assessed, apportioned and collected in Taxes, howas-
the manner prescribed by the laws of the Commonwealth :
provided, however, that the city council may establish fur-
ther or additional provisions for the collection thereof.
In case it should be found inconvenient to complete the When election
election, in any ward, of the overseers of the poor and the schoot'commit-
school committee, on the day of the annual ward meeting, teeisincom-
said meeting shall be adjourned, from time to time, until '"' c
the elections shall be completed.
Sect. 12. An act establishing the fire department in Firedepart-
the town of Newbury port, passed March fifth, in the year ment'
one thousand eight hundred and thirty, shall continue in
force, and all the power and authority now vested in the
selectmen of Newburyport, in relation to the fire depart-
ment in that town, shall be transferred to and vested in the
mayor and aldermen.
Sect. 13. The list of jurors shall be prepared by the List of jurors,
mayor and aldermen, in the same manner as is required in howPrePared-
the ninety-fifth chapter of the Revised Statutes to be done
by the selectmen within and for their respective towns ;
and the lists, when made out by the mayor and aldermen,
shall be submitted to the common council for concurrent
revision or amendment.
The mayor and aldermen and the city clerk shall sever-
ally have and exercise all the powers and duties, with regard
to the drawing of jurors in the city, and all other matters
relating to jurors therein, which are, in the ninety-fifth
chapter of the Revised Statutes, required to be performed
by the selectmen and town clerks in their respective towns : Venires served
and all venires for jurors to be returned from Newburyport aldermen1". an
shall be served on the said mayor and aldermen.
Sect. 14. The mayor and aldermen, with the concur- streets and
rent vote of the common council, shall have exclusive 0uVt,"&cays
power to lay out, alter or discontinue any street or town
way, and to estimate the damages any individual may sus- Damages, &c.
tain thereby.
And any person dissatisfied with the decision of the city Dissatisfaction
council, in the estimate of damages, may make complaint damag*s^rp.
to the county commissioners of the county of Essex, at ceedingsinsuch
any meeting held within one year after such decision,
whereupon the same proceedings shall be had as are now
by law provided in cases where persons are aggrieved by
the assessment of damages by the selectmen, in the twen-
ty-fourth chapter of the Revised Statutes.
Sect. 15. The mayor and aldermen, with the concur- Drains and
rent vote of the common council, shall have the power to c<
cause drains and common sewers to be laid down through
ers.
794
1851.
-Chap. 296.
Limber, wood,
coal, and bark.
Board of health,
powers of,
transferred to
the city council.
Annual election
of representa-
tives to General
Court.
All elections for
county, state
and U. S. offi-
cers— regula-
tions and pro-
ceeding's.
Lists of voters
in each ward to
be prepared by
mayor and al-
dermen.
any streets or private lands, paying the owners such dam-
age as they may sustain thereby, and to require all persons
to pay a reasonable sum for the privilege of opening any
drain into such 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.
Sect. 16. All power and authority now vested by law
in the board of health for the town of Newburyport, or in
the selectmen thereof, shall be transferred to and vested in
the city council, to be by them exercised in such manner
as they may deem expedient.
Sect. 17. The mayor and aldermen shall, in each year,
issue their warrant for calling meetings for the election of
the whole number of representatives to the General Court
to which the said city is by law entitled, and the number
shall be specified in the warrant.
Sect. 18. All elections for county, state and United
States officers, who are voted for by the people, shall be
held at meetings of the citizens qualified to vote in such
elections, in their respective wards, at the time fixed by
law for these elections respectively ; and, at such meetings,
all the votes given for such 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 rec-
ord 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
such 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 re-
turns are by law directed to be made by selectmen of towns.
And in all elections for representatives to the General Court,
in case the whole number proposed to be elected shall not
be chosen by a majority of the votes legally returned, the
mayor and aldermen shall forthwith issue their warrant for
a new election, conformably to the provisions of the consti-
tution and the laws of the Commonwealth.
Sect. 19. Prior to every election, the mayor and alder-
men shall make out lists of all the citizens of each ward,
qualified to vote in such elections, in the manner in which
selectmen of towns are required to make out lists of voters ;
1851. Chap. 296. 795
and, for that purpose, they shall have full access to the as-
sessors' books and lists, and be entitled to the assistance of
all assessors and city officers ; and they shall deliver the said
lists, so prepared and corrected, to the clerks of the said wards,
to be used at such elections ; and no person shall be enti-
tled to vote whose name is not borne on such lists.
Sect. 20. General meetings of the citizens qualified to General meet-
vote may, from time to time, be held, to consult upon the ^1,°^"™^
public good, to give instructions to their representatives, beheld, ami
and to take all lawful measures to obtain redress for any
grievances, according to the right secured to the people by
the constitution of this Commonwealth.
And such meetings may and shall be duly warned by the shall be duly
mayor and aldermen, upon the requisition of fifty qualified warncc-
voters.
Sect. 21. The city council shall have power to make By-laws, with
all such salutary and needful by-laws as towns, by the laws $20* may be
of this Commonwealth, have power to make and establish, made by city
-, , . * -, . -, , , /. council.
and to annex penalties, not exceeding twenty dollars, tor
the breach thereof ; which by-laws shall take effect and be
in force from and after the time therein respectively limit-
ed, without the sanction of any court or other authority
whatever: 'provided, however, that all laws and regulations Those now in
now in force in the town of Newburyport shall, until they u°rti] &crem'
shall expire by their own limitation, or be revised or re-
pealed by the city council, remain in force, and all fines
and forfeitures for the breach of any by-law or ordinance,
shall be paid into the city* treasury.
Sect. 22. All fines, forfeitures and penalties, accruing Fines, &e. may
for the breach of any by-laws of the city of Newburyport, andPrecovered
or of any of the ordinances of the city council, or of any before police
/• i i n , ill i court, reserving-
of the orders of the mayor and aldermen, may be prose- ii,e right of ap-
cuted for and recovered before the police court of the said city peal to the
r ...... court of coni-
of Newburyport, by complaint or information, in the same mon pleas, as
manner in which other criminal offences are now prosecuted
before the police courts within this Commonwealth ; re-
serving, however, in all cases, to the party complained of
and prosecuted, the right of appeal to the court of common
pleas, then next to be held in the county of Essex, from
the judgment and sentence of the police court.
And the appeal shall be allowed on the same terms, and Drovidedinch.
the proceedings shall be conducted therein in the same
manner, as provided in the one hundred and thirty-eighth
chapter of the Revised Statutes of this Commonwealth.
And it shall be sufficient, in all such prosecutions, to set The offence
forth in the complaint the offence fully, plainly, substan- jje^orih, with-
tially and formally; and it shall not be necessary to set out mentioning
forth such by-law, ordinance or order, or any part thereof.
796
1851.
-Chap. 296.
Fines, &c. shal
be paid to city
Ireasurer.
Any person
convicted and
claiming ap-
peal, on failing
to recognize, or
abide order of
court, shall be
committed.
The provisions
of this section
shall apply
to the by-laws
of the town
still remaining'.
How to organ-
ize the system
of government
hereby estab-
lished.
How the first
meeting shall
be called and
regulated.
All fines, forfeitures and penalties, so recovered and paid,
shall be paid to the treasurer of the city of Newburyport,
and shall enure to such uses as the said council shall direct.
When any person, upon any conviction before the police
court for any breach of any by-law of the said city of New-
buryport, or any of the ordinances of the city council, or
any of the orders of the mayor and aldermen, shall be sen-
tenced to pay a fine, or ordered to pay any penalty or for-
feiture provided by any such by-law, ordinance or order, or,
upon claiming an appeal, shall fail to recognize for his ap-
pearance 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 cost so assessed upon him, he shall be com-
mitted 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
prosecutions founded on the by-laws or ordinances of the
town of Newburyport, which may continue in force after
this act shall go into operation, and all the powers of the
police court already established shall be continued to it.
Sect. 23. For the purpose of organizing the system of
government hereby established, and putting the same into
operation, in the first instance, the selectmen of the town
of Newburyport for the time being shall, within thirty days
after the acceptance of this act, i'ssue 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 purpose of choosing a
warden, clerk and inspectors for each ward, and all other
officers whose election is provided for in the preceding sec-
tions 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 each ward
at such first meeting, shall be returned to the said select-
men, whose duty it shall be to examine and compare the
same, and, in case the 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 the said first meeting, any inhabitant of said
ward, being a legal voter, may call the citizens to order,
and preside until a warden shall have been chosen. And,
at said first meeting, a list of voters in each ward, prepared
1851. Chap. 296. 797
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 branch-
es, in the year one thousand eight hundred and fifty-one,
and shall also fix upon the place and hour of the said first
meeting, and a written notice thereof shall be sent by the
said selectmen to the place of abode of each of the city
officers chosen as provided in this section.
And after this first election of city officers, and this first After this first
meeting for the organization of the city council, as in this day ofTioiding
section is provided, the day of holding the annual elections, the annual elec-
and the day and hour for the meeting of the city council ofthecitycoun-
for the purpose of organization, shall remain as provided in "''^"softhis
the sixth section of this act. And it shall be the duty of act.
the city council, immediately after the first organization, to city council to
elect all necessary city officers, who shall hold their offices, officer^ e
respectively, until others shall be chosen and qualified.
Sect. 24. All officers of the town of Newburyport hav- Records, Pa-
, , , r ^ . pcrs, &c. of the
ing the care and custody of any records, papers, or muni- iown, to be de-
ments of property, belonging to the said town, shall deliver iivej_cd l0 city
the same to the city clerk, within one week after his enter-
ing upon the duties of his office.
Sect. 25. All such acts and parts of acts as are incon- Acts inconsis-
sistent with the provisions of this act shall be, and the peaied.C' re"
same are, hereby repealed.
Sect. 26. Nothing in this act contained shall be so Legislature
construed as to prevent the Legislature from altering or ™*f altcr s
amending the same whenever they shall deem it expedient.
Sect. 27. This act shall be void, unless the inhabitants This act to be
of the town of Newburyport, at a legal meeting called for necessarypro^
that purpose, at which the selectmen shall preside and the vjf°,n^com'
check list used in the same manner as at meetings called to v c
choose state officers, and the polls be kept open at least six
hours, shall, by a vote of the majority of the voters present
and voting thereon, yea or nay, by a written ballot, deter-
mine to adopt the same, within twenty days from and after
its passage.
Sect. 28. This act shall go into operation from and When to take
after its passage. [Approved by the Governor, May 24,
1851.]
798
1851.
-Chap. 297.
Chap 297.
Corporators.
Duties, &.c,
R.S.ch.44,&c.
Location.
Capital stock
3000 shares of
#100 each,
issued at not
less than par.
May be invest-
ed in real and
personal estate
as convenient.
Location must
be filed, and
one track com-
pleted within
certain time.
May unite with
Charles River
Branch Rail-
road,
and use Brook-
line Branch,
&.C.
An Act to incorporate the Charles River Railroad Company, and con-
cerning the Medway Branch Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. Luther Metcalf, Jonathan P. Bishop, Noah J.
Arnold, their associates and successors, are hereby made a
corporation, by the name of the Charles River Railroad
Company, with all the powers and privileges, and subject
to all the duties, restrictions and liabilities, set forth in the
forty-fourth chapter of the Revised Statutes, and in that
part of the thirty-ninth chapter of the said statutes which
relates to railroad corporations, and in the public statutes
which have been, or may be hereafter, passed, relating to
such corporations.
Sect. 2. The said company may locate, construct and
maintain a railroad, with one or more tracks, from some
convenient point at or near the termination of the Charles
River Branch Railroad, in the town of Dover, in the coun-
ty of Norfolk, and passing through Medfield, Medway, and
North Franklin, to some convenient point in the northeast-
erly part of Bellingham.
Sect. 3. The capital stock of the said corporation shall
consist of three thousand shares, of one hundred dollars each,
and no assessment shall be laid thereon of a greater amount,
in the whole, than one hundred dollars on each share ; and
no shares in the capital stock of the said corporation shall
be issued for a less sum or amount, to be actually paid in
on each than the par value of the shares which shall be
first issued ; and the said corporation may invest and hold
such part thereof in real and personal estate as may be ne-
cessary and convenient for the purposes of their corpora-
tion.
Sect. 4. If the location of said railroad be not filed
according to law, within two years from the passage of this
act, or if the said railroad shall not be completed with at
least one track from the termination of said Charles River
Branch Railroad to the said point in Bellingham, within
four years from the passage of this act, then this act shall
be void.
Sect. 5. The said company are hereby authorized to
enter upon and unite their railroad, by proper means, with
the said Charles River Branch Railroad, paying therefor
such a rate of toll as may mutually be agreed upon by the
parties, or as the Legislature may from time to time pre-
scribe, with liberty to use the Brookline Branch and the
Boston and Worcester Railroads, in the same manner that
1851. Chap. 297. 799
the said Charles River Branch Railroad has now a right
to do.
Sect. 6. The said company and the said Charles River Provisions for
Branch Railroad may unite their corporations, and form one SSrairon' with**
joint stock company, to be known by the name of the Charles River
Charles River Railroad Company, and to be controlled ro'aTcompany.
throughout by one management, whenever a majority in in-
terest of each company shall elect so to do ; and the said
united company shall be entitled to hold a capital stock to
the amount of their joint capitals, and shall be subject to all
the provisions, and entitled to all the privileges contained
in their respective charters.
Sect. 7. The Legislature may, from time to time, re- Legislature
duce the rate of toll, or other receipts, on the said railroad, "ns ^"bdow
whenever the net income thereof shall exceed ten per cent, to per cent,
per annum ; but the toll and other receipts shall not, with-
out the consent of the company, be so reduced as to pro-
duce less than ten per cent, per annum upon the invest-
ments of said company.
Sect. 8. The Legislature may authorize any company Legislature
to enter with their railroad at any point on said road, and ^^oa^To6
use the same, or any part thereof, by complying with such enter, &c.
reasonable rules and regulations, and paying such tolls as
said Charles River Railroad may require and prescribe, or
as may be determined according to law.
Sect. 9. The said company shall not commence the shaiinotcom-
construction of its railroad, until a certificate shall have SSSSST
been filed in the office of the secretary of the Common- cateofsubscrip-
wealth, subscribed and sworn to by the president of the {^ed wfih secre-
said company, and a majority of the directors thereof, tary of state,
stating that all the stock named in the charter has been
subscribed by responsible persons, and that twenty per
cent, of the par value of each share thereof, has been actu-
ally paid into the treasury of the company.
Sect. 10. The time within which the Med way Branch Time of Med-
Railroad Company may construct their road is hereby ex- R^r0adex-
tended to May first, one thousand eight hundred and fifty- tended,
two.
Sect. 11. The capital stock of said Medway Branch Capital stock of
Railroad Company shall consist of five hundred shares of Bra'nchRaii-
the value of one hundred dollars each, and no share shall road shall con-
be issued for less than its par value ; and the construction gj,are8 of gl00
of said branch railroad shall not be commenced until a cer- <*ch, issuued at
. ,_ j*i not less than
tificate shall have been filed in the office of the secretary par.
of the Commonwealth, subscribed and sworn to by the ^fiiedwlih™81
president of said company, and a majority of the directors secretary of
thereof, stating that all the stock authorized by this act stat«-&c'
102
800
1851.-
-Chap. 297—299.
Chap 298,
Who may be li'
censed to sell
goods, wares,
merchandise,
&c, by provis-
ions of ch. 244
of acts of 1846.
has been subscribed for by responsible parties, and that
twenty per cent, of the par value of each and every share
has been actually paid into the treasury of said company.
[Approved by the Governor, May 24, 1851.]
An Act in addition to an Act concerning Hawkers and Pedlers.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Any person resident in any city or town, pay-
ing taxes upon his stock in trade, and qualified to vote there-
in, may sell and expose to sale in such city or town, goods,
wares, or merchandise, upon obtaining license therefor, pur-
suant to the provisions of the two hundred and forty-fourth
chapter of the acts of the year one thousand eight hundred
and forty-six, and shall not be required to pay to the treas-
urer of such city or town the sums prescribed in the fifth
section of the act to which this act is in addition.
Sect. 2. In addition to the officers authorized to de-
mand licenses pursuant to the provisions of the ninth section
of the two hundred and forty-fourth chapter of the acts of
the year one thousand eight hundred and forty-six, any town
treasurer, town clerk, constable or police officer, is author-
ized to demand such license within the limits of his town
or city, and the like penalties shall attach to neglect or re-
fusal to exhibit the same on demand as aforesaid, as are
provided in the said section. {Approved by the Governor,
May 24, 1851.]
An Act to incorporate the New England Coal Mining Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follow e :
Sect. 1. William R. Hooper, Francis H. Dewey, John
H. Blake, their associates and successors, are hereby made
a corporation, by the name of the New England Coal
Mining Company ; and for the purposes of digging and
mining coal and other minerals, and converting the same to
useful purposes, and prosecuting the mining business in all
its branches, are hereby invested with all the powers and
Liabilities, &c. privileges, and subject to all the duties, liabilities, and re-
strictions contained in chapters thirty-eight and forty-four
of the Revised Statutes.
Sect. 2. The said corporation may hold, for the pur-
poses aforesaid, real estate not exceeding in vlalue fifty
thousand dollars ; and the capital stock of the said corpora-
tion shall be ten thousand shares of twenty-five dollars
Besides the offi-
cers authorized
to demand li-
cense bv sec. 9
of ch. 244, of
acts of 1846,
any town treas-
urer, town clerk,
constable, or
police officer
may within his
own town, &c.
Chap299.
Corporators.
Purpose.
May hold
#50,000.
1851. Chap. 299—301. 801
each : provided, that no certificate of shares in the capital Proviso.
stock of the said corporation shall be issued that shall not
mention the amount paid in.
Sect. 3. The place of business of the said corporation
shall be in Worcester, where their books shall be kept, and Worcester the
a majority of the directors shall reside in this Common-£eofbusi"
wealth.
Sect. 4. No shares shall be issued for a less sum actual- stock not issued
ly paid in on each share, than the original par value of the below r*T-
shares first issued. [Approved by the Governor, May 24,
1851.] L
An Act relating to conveyances to and by the Commissioners of the Phnn ^00
Sinking- Fund of the Western Railroad Corporation. ^
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The commissioners of the Sinking Fund of
the Western Railroad Corporation are declared, for the pur-
pose of taking and holding land as such, to have perpetual
succession in law in their said capacity of commissioners,
and all grants and conveyances of land to them and their
successors and assigns, shall be deemed to convey the fee
thereof; and all grants and conveyances of land in mort-
gage which have been or shall be made by any person to
the said commissioners, shall be deemed to enure in fee to
them and their successors in office, notwithstanding any
words in the deeds thereof limiting the same to the heirs
and assigns of said commissioners ; and in such case, the
said commissioners and their successors in office, for the
time being, and they alone, shall foreclose said mortgages
or transfer or release the same ; and any transfer or release
of such mortgages made in good faith, and for due consid-
eration, by the said commissioners for the time being, is
declared to be valid in law, notwithstanding any words in
the deed of mortgage limiting the same to the heirs and as-
signs of the said commissioners.
Sect. 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 24, 1851.]
An Act to provide for the inspection of Foreign Sumac. Chat) 301
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. There shall be appointed by the governor, by Governor and
and with the advice and consent of the council, an inspect- JSTblpSio?
or general of sumac, who shall hold his office for the term general.
802 1851. Chap. 301.
Term of office of five years from the date of his appointment, unless
ve years. sooner removed by the governor and council,
inspector gene- Sect. 2. The said inspector general shall, before enter-
Sora^and^ive *D6 uVon tne duties of his office, be sworn to the faithful
bond for #5000. discharge thereof, and he shall also give bond, with suffi-
cient sureties, to the treasurer of the Commonwealth, in
the penal sum of five thousand dollars.
May appoint Sect. 3. The said inspector general may appoint depu-
deputies, who ty inspectors, in each town where he shall deem it necessa-
shalJ give bond J . r rr- • i i i i n i -ii i
and be sworn, ry, for whose official conduct he shall be responsible, and
they shall give bonds, with sufficient sureties, to him and
his successors in office, in a penal sum not exceeding one
thousand dollars each, and shall be sworn, before some jus-
tice of the peace, to the faithful discharge of their duty.
Duties of the in- Sect. 4. It shall be the duty of the said inspector gen-
spectors. era| an(j j^g deputies, upon application to them, or either of
them, to inspect any sumac brought into this Common-
wealth, which is the growth or production of any country
or place without the United States, and to assort the same
into three classes or qualities, to be denominated and marked
upon the bags containing the same, respectively, as follows,
to wit : good, damaged, and bad. Good sumac shall con-
sist of the pure material, well cured or manufactured, which
has not been damaged or injured by any cause. Damaged
sumac shall consist of that which was originally of pure
material and good manufacture, and which has been dam-
aged or injured by water, exposure to dampness, or other
cause. Bad sumac shall consist of that which is composed
of impure materials, or is poorly cured or manufactured, or
is mixed with other substances than pure sumac.
Each bag su- Sect. 5. Every bag of sumac inspected as aforesaid,
mac to be snan be marked in legible letters, in addition to the quali-
marked with . r , . . ° ,. ' . .. , „ * -,
the name of the ty as specified m the preceding section, with the first let-
inspector and ter 0f tne christian name and the whole of the surname of
name of town . . ,
and state. the inspector who shall have inspected the same, the name
of the town where it was inspected, the abbreviation Mass.
(for Massachusetts,) and year of the inspection.
Fees, 4 cents Sect. 6. The fees for the inspection shall be four cents
per bag. for each bag inspected.
Penalty for mix- Sect. 7. If any person shall intermix, take out, or shift
nig or shifting an„ sumac from any bag inspected or marked as aforesaid,
inspected su- J j? i
mac, #300 to or put in any other sumac for sale contrary to the provis-
ions of this act, he shall, for each offence, forfeit a sum not
less than three hundred dollars, nor more than five hundred
dollars.
Sect. 8. If any person shall empty any bag of sumac
marked as aforesaid, and put in any other sumac for sale
1851. Chap. 301—303. 803
without first cutting out the said marks, he shall, for each Penalty for
~ r r ■ * i iii ii using marked
onence, forfeit three hundred dollars. bags, #300.
Sect. 9. If any person shall counterfeit or alter any Penalty for
mark belonging to, or proper to be used by the said inspect- "sp^ctop's™8
or general or his deputies, or shall mark any bag of sumac mark.
therewith, he shall forfeit the sumac so marked, and be fur-
ther liable to a penalty of one hundred dollars.
Sect. 10. If the said inspector general, or either of his Penalty for neg,
, • ■■ i it ii i j. leering to in-
deputies, upon application, shall unreasonably neglect, re- spect,#20.
fuse, or delay to examine and mark any sumac, he shall,
for each offence, forfeit twenty dollars.
Sect. 11. If any person shall sell, within this Com- Penalty #5 for
ii ,i ,i i c each bag sold
monwealth, any sumac, the growth or production ot any uninspected,
country or place without the United States, which shall
not have been inspected and marked agreeably to the pro-
visions of this act, he shall forfeit the sum of five dollars
for every bag sold. [Approved by the Governor, May 24.
1851.]
An Act to amend an Act concerning the Militia. Chap 302.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloios :
Sect. 1. The second section of the act concerning the
militia, passed in the year one thousand eight hundred and
forty-nine, is so far amended as to make it the duty of com-
manders of divisions to designate the time and manner of Encampments
holding the encampments in their several divisions, provid- ^Tn^piace
ed for in the said act. The place for each encampment to of holding to be
be designated by the commander of the body of troops to eSESer/
be assembled. severally.
Sect. 2. So much of the said second section as is in-
consistent with this act is hereby repealed. [Approved by
the Governor, May 24, 1851.]
An Act in addition to an Act in relation to School Districts. Chap 303.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The two hundred and sixth chapter of the acts of the
year one thousand eight hundred and forty-nine, providing
that no town shall be districted anew for school purposes
so as to change the taxation of lands of proprietors into
districts using different schoolhouses, oftener than once in
ten years, shall be so construed that such districting anew
may occur once at any time within the ten years next sub-
sequent to the passage of the said act. [Approved by the
Governor, May 24, 1851.]
804
1851.-
■Chap. 304—305.
Chap 304. An Act to incorporate the Hadley Falls Bank in Holyoke.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Cyrus Frink, C. B. Rising, Warren Chapin,
their associates and successors, are hereby made a corpora-
tion, by the name of the President, Directors and Com-
pany of the Hadley Falls Bank, to be established in Hol-
yoke, and shall so continue until the first day of October,
in the year one thousand eight hundred and seventy-two,
and shall be entitled to all the powers and privileges, and
be subject to all the duties, liabilities and restrictions, set
forth in the public statutes of this Commonwealth relative
to banks and banking.
Sect. 2. The capital stock of said bank shall consist
of one hundred thousand dollars, to be divided into shares
of one hundred dollars each, to be paid in such instalments
and at such times as the stockholders may direct : provided,
that the whole be paid in before the first day of May, in
the year one thousand eight hundred and fifty-two.
Sect. 3. The stock of said bank shall be transferable
only at its banking house and on its books.
Sect. 4. The said corporation shall be subject to all
the liabilities, requirements and restrictions contained in
such acts as may hereafter be passed by the General Court
in relation to banks and banking. [Approved by the Gov-
ernor, May 24, 1851.]
Corporators.
Holyoke.
Corporation to
continue till
1872.
Subject to all
duties, &c.
Capital stock
#100,000.
Proviso.
Stock transfer-
able only at the
banking house.
Subject to fu-
ture legislation.
May establish
library under
certain regula-
tions.
Chap 305. A11 Act to authorize Cities and Towns to establish and maintain Public
Libraries.
BE it enacted by the Senate and House of Representa-
tives, in General Court asse?nbled, and by the authority of
the same, as follows :
Sect. 1. Any city or town of this Commonwealth is
hereby authorized to establish and maintain a public library
within the same, with or without branches, for the use of
the inhabitants thereof, and to provide suitable rooms there-
for, under such regulations for the government of such
library as may, from time to time, be prescribed by the city
council of such city, or the inhabitants of such town.
Sect. 2. Any city or town may appropriate for the
foundation and commencement of such library, as afore-
said, a sum not exceeding one dollar for each of its ratable
polls, in the year next preceding that in which such appro-
priation shall be made ; and may also appropriate, annu-
ally, for the maintenance and increase of such library, a
sum not exceeding twenty-five cents for each of its ratable
How main-
tained.
1851. Chap. 305—307. 805
polls, in the year next preceding that in which such appro-
priation shall be made.
Sect. 3. Any city or town may receive, in its corporate
capacity, and hold and manage, any devise, bequest or do-
nation, for the establishment, increase, or maintenance of a
public library within the same. [Approved by the Gov-
ernor, May 24, 1851.]
An Act concerning the Saugus Branch Railroad. Chap 306.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Saugus Branch Railroad Company may May change
construct their railroad on the route prescribed in the origi- filed y
nal charter of the said railroad, and may change the loca-
tion already filed by them in accordance with the same :
provided, that such change of location be made and filed Pr°™°-
within three months from the passage of this act.
Sect. 2. This act shall take effect from and after its When t0 take
passage. [Approved by the Governor, May 24, 1851. J
An Act relating to Notices of Proceedings before Judges of Probate and Chap 307.
Commissioners of Insolvency.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. It shall be the duty of judges of probate to Written T™'
order every executor, administrator, trustee, or other party, otherwise, must
applying to them, in any matter requiring notice to be Son^retidenMn-
given to parties interested therein, to give written notice, terested party,
by mail or otherwise, to all parties known to be interested,
and not resident in the county in which such matter is
pending, and whose residence is known to such executor,
administrator, trustee or other party, but the proceedings in
such matter need not be arrested until such notice shall be
given, if, in the opinion of such judge, the rights of the
party, to whom such notice has been ordered, will not be
injured by the progress of such proceedings.
Sect. 2. In case the party, to whom such notice may Jj^JJJjJ?*
have been ordered, shall have an attorney or agent within agent, of uon-
the Commonwealth, written notice given to such attorney eflSunat|party'
or agent shall be as effectual as if given to such party.
Sect. 3. It shall be the duty of commissioners of in- Commissioners
J . , of insolvency
solvency to order the assignee to give written notice, by to order such
mail or otherwise, of all meetings of creditors, and of all neetLgs^c.
dividends to all known creditors.
Sect. 4. The three hundred and nineteenth chapter of
806 1851.— -Chap. 307—310.
The 3i9»h chap- the acts of the year one thousand eight hundred and fifty
1350 repealed is hereby repealed. [Approved by the Governor, May 24,
1851.]
Chap 308. An Act repealing an Act providing for Town Meetings in certain cases.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The act entitled an act providing for town meetings in
certain cases, chapter two hundred and sixty-nine of the
acts of the year one thousand eight hundred and fifty, is
hereby repealed. [Approved by the Governor, May 24,
1851.]
CllClt) 309. ^n ^ct concerning1 Vacancies in School Committees.
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Whenever vacancies occur in the school committee of
any town or city in this Commonwealth, or when, from
any cause, any member or members are unable to act, the
remaining member or members of said committee, together
with the selectmen of said town, or the mayor and alder-
men of said city, shall have power to fill vacancies in said
committee ; and the school return, signed by a majority of
the committee thus constituted, shall be equally valid as if
signed by a majority of the committee as originally chosen.
[Approved by the Governor, May 24, 1851.]
Chat) 310. ^n ^c^ t° unite the Vermont and Massachusetts Railroad Company with
" the Brattleborough and Fitchburg Railroad Company, and to increase
the Capital Stock of the former 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 :
Permission to Sect. 1. The Vermont and Massachusetts Railroad
Ulllle- Company may be, and hereby is, united with the Brattle-
borough and Fitchburg Railroad Company, a corporation
established by act of the Legislature of the state of Ver-
mont.
gooo shares of Sect. 2. The said Vermont and Massachusetts Railroad
ftock,emay bew Company thus united may issue six thousand shares of
issued and sold stoc]f of one hundred dollars each, in addition to their
not under par. . .711 % • -,
present capital stock : provided, that the said company shall
not sell the said shares under their par value. [Approved
by the Governor, May 24, 1851.]
1851. Chap, 311—312. 807
An Act to incorporate the Crystal Ice Company. Chcin 311.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. George W. Quint, Joseph A. Locke, Seth Chel- Corporators,
lies, their associates and successors, are hereby made a cor-
poration, by the name of the Crystal Ice Company, in
Boston, for the purpose of cutting, storing, transporting Purpose.
and vending ice, and for this purpose they shall have all Duties, liabiii-
the powers and privileges, and be subject to all the duties, tlcs' &c"
liabilities and restrictions, set forth in the thirty-eighth and
forty-fourth chapters of the Revised Statutes.
Sect. 2. The capital stock of the said corporation shall Capital stock,
not exceed one hundred thousand dollars, and the same Be invested tn
may be invested and held in such real and personal estate rcal ?"* Per-
i -n i -, - * , soiial estate.
as shall be necessary and convenient lor carrying on the
business of said corporation : provided, that no shares in Proviso.
the capital stock shall be issued for a less sum or amount,
to be actually paid in on each, than the par value of the
shares which shall be first issued.
Sect. 3. All the privileges and powers conferred by ah privileges
this act shall be forfeited, if and whenever any of the of manufectur-6
members or agents of this company shall engage in cutting, pg or cutting
storing, or in any way manufacturing ice on the Lord's day.
day. [Approved by the Governor, May 24, 1851.]
An Act to incorporate the Shelburne Falls Manufacturing Company. Chap 312.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Nathaniel Lamson, Ebenezer G. Lamson, Abel Corporators.
F. Goodnow, William F. Clement, their associates and suc-
cessors, are hereby made a corporation, by the name of the
Shelburne Falls Manufacturing Company, for the purpose Purpose,
of manufacturing cutlery, hardware, articles of iron, other
metals and materials, mill work and machinery, using, im-
proving or disposing of the same, and carrying on the
business thereof, with all the powers and privileges, and Duties, liabili-
subject to all the duties, restrictions and liabilities, set forth r|ss. ch. ss 44.
in the thirty-eighth and forty-fourth chapters of the Re-
vised Statutes.
Sect. 2. The said corporation may purchase, hold, im- May purchase
! , , . «• ' « 1 • T» ■ 1 a,1<1 no'1' rea'
prove, lease, or otherwise dispose of, such real estate, in Buck- estate not ex-
land and Shelburne, at Shelburne Falls, and within the ggjjflfo
county of Franklin, as they may find necessary or conven-
ient for the purpose and in the prosecution of the business
aforesaid : provided, however, that such real estate shall not cVooouo P"aI'
103 '
808
1851.-
-Chap. 312—314.
No shares is-
sued at less
than par.
When to take
effect.
exceed one hundred and fifty thousand dollars in value, and
that the whole capital stock of the said corporation shall
not exceed in amount three hundred thousand dollars.
Sect. 3. No shares in the capital stock of the said cor-
poration shall be issued for a less sum or amount, to be
actually paid in on each, than the par value of the shares
which shall be first issued.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 24, 1851.]
Chap SIS.
Fire depart-
ment in Nan-
tucket.
An Act in addition to an Act to establish a Fire Department in the
town of Nantucket.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Any one of the general directors appointed under the
fourth section of the act passed on the thirteenth day of Feb-
ruary, in the year one thousand eight hundred and thirty-
eight, entitled an act to establish a fire department in the
town of Nantucket, may, in the absence of the other di-
rectors, exercise at fires all the powers given to the said
board : provided, that he shall have the concurrence of at
least two of the fire wards of the said town. [Approved
by the Governor, May 24, 1851.]
ChapSU.
Name and for-
mation.
Termini and
course, loca-
tion.
An Act to incorporate the Swift River Railroad Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Epaphras Clark, Josiah B. Woods, Ezra Carey,
and Laban Marcy, their associates and successors, are here-
by made a corporation, by the name of the Swift River
Railroad Company, with all the powers and privileges, and
subject to all the duties, liabilities and restrictions, set forth
in the forty-fourth chapter of the Revised Statutes, and in
all that part of the thirty-ninth chapter of the said statutes
relating to railroad corporations, and in all other general
laws relative to railroad corporations in this Commonwealth.
Sect. 2 The said company may locate, construct, and
maintain a railroad, with one or more tracks, from the de-
pot of the New London, Willimantic and Palmer Railroad,
in the town of Palmer, crossing the Western Railroad, at
or near the depot of the said Western Railroad in said town
of Palmer, by the most convenient route northerly up the
valley of Swift River, through the towns of Palmer, Ware,
Belchertown, Enfield, Greenwich, Dana, Petersham, New
Salem, to the Vermont and Massachusetts Railroad, at a
1851. Chap. 314. 809
point the most convenient to intersect the same, in the
town of Orange or Athol.
Sect. 3. The capital stock of the said company shall Capital stock
consist of five thousand shares, of one hundred dollars each, Jiooeach?'
and no assessment shall be laid thereon of a greater amount
in the whole than one hundred dollars on each share, and
the said company may invest and hold such part thereof in
real and personal estate, as may be necessary and conven-
ient for the purposes of their incorporation.
Sect. 4. The said railroad company may enter upon May enter upon
, • ■ -i-ii .. * j •* u and unite with
and unite their railroad, by proper turnouts and switches, tne Vermont
with the Vermont and Massachusetts Railroad, at some and Massachu-
. „ . . . , setts railroad.
convenient point in the towns of Orange or Athol, and may
use the same, under the provisions and restrictions of the
laws relating to railroads in this Commonwealth.
Sect. 5. The Legislature may, after five years from After 5 years
the time when the said railroad shall be opened for use, maf'reduce
from time to time reduce the rates of toll, or other profits ^\\s on condi-
upon the said road ; but the same shall not be so reduced,
without the consent of the said company, as to yield with
said profits less than ten per cent, per annum to the stock-
holders.
Sect. 6. The Legislature may authorize any company Legislature
, -i i i ^i • i o V* may authorize
to enter with another railroad upon, and use the said bwitt another railroad
River Railroad, or any part thereof, by complying with JJ^JSS.
such reasonable rules and regulations as the said Swift ti0n!
River Railroad Company may prescribe, or as may be de-
termined according to the provisions of law.
Sect. 7. If the said company shall not be organized, g^ShK"
and if the location of the route of the said road shall not menced in two
be made and filed with the county commissioners of the ygjj tntm™'
counties of Hampden, Hampshire, and Franklin, respect- years.
ively, within two years from the passage of this act, or if
the said company shall fail to complete the said road with-
in four years from the passage of this act, then this act
shall be null and void.
Sect. 8. The persons who are, or shall become, stock- The two ew
-i Tlr,,,. ' . j t» l "D "1 porations may
holders in the New London, Willimantic and Falmer Kail- Dy assent, &c,
road Company, being partly in the state of Connecticut ^^J*"
and partly in this Commonwealth, with the assent of the
legislature of the state of Connecticut, may, by vote duly
passed at a legal meeting, and with the consent of the
corporation hereby created, duly expressed at a legal meet-
ing called therefor, become stockholders in the last named
corporation, and thereupon the said two corporations shall
become united into one corporation, by the name of the
New London, Palmer and Swift River Railroad Company,
810
1851.-
-Chap. 314.
After union,
&c, meetings
to be held, &c.
Proviso.
Shares may be
attached in
case, &c.
Proviso.
That part of
road subject to
Massachusetts
laws.
Two sections of
railroad from
Palmer to En-
field, from En-
field to Orange
or Alhol.
Appropriation
for construction
of each.
Certificate to be
filed with secre-
tary of Com-
monwealth that
all has been
subscribed, and
twenty per
cent, of each
share paid.
with a capital not exceeding the amount of the joint capi-
tal of both of the said corporations. And all the tolls,
franchises, rights, powers, privileges and property, granted,
or to be granted, or acquired under the authority of the
legislature of the state of Connecticut, or of this Common-
wealth, shall be held and enjoyed by all the said stockhold-
ers, in proportion to their number of shares in either or
both of the said corporations.
Sect. 9. After such union of the said companies shall
have been perfected, the said stockholders shall hold their
meetings, make their by-laws, appoint their officers, and
transact all their business, as one corporation : provided,
that one or more of the officers of the said corporation
shall be resident in this Commonwealth, on whom process
against the said corporation may be legally served. And the
said corporation shall be held to answer within the jurisdic-
tion where such service may be made, and where the pro-
cess may be made returnable.
Sect. 10. The share or shares of any stockholder in
the said corporation, shall be liable to attachment, and to
be taken on execution, in the state where such stockholder
shall reside at the time of the service of such process : pro-
vided, the laws of such state shall authorize the attachment
and taking on execution of said property ; and an attested
copy of such writ or execution, and of the return of the
officer thereon, shall, at the time of such service, be left
with the clerk or a director of the said corporation, or at his
usual place of abode, by the officer making the service.
Sect. 11. The said corporation, so far as their road,
may be situated in Massachusetts, shall be subject to the
general laws of this State, to the same extent as if their
road were wholly therein.
Sect. 12. No part of the stock of the said company
shall be issued at less than its par value.
Sect. 13. For the purpose of construction,
hereby authorized shall be divided into two
one extending from Palmer to the village of
and the other from Enfield to Orange
moiety of the capital stock authorized
the road
sections,
Enfield,
or Athol, and a
by this act shall
be appropriated and set apart for the construction of each
section, and the construction of neither section shall be
commenced until a certificate shall have been filed in the
office of the secretary of the Commonwealth, subscribed
and sworn to by the president of the said company and a
majority of the directors thereof, stating that all of the
stock appropriated and set apart for the construction of the
said section has been subscribed for by responsible parties,
1851. Chap. 314—316. 811
and that twenty per cent, of the par value of each and
every share so appropriated and set apart has been actually
paid into the treasury of the company.
Sect. 14. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 24, 1851.]
An Act concerning Stockholders in Manufacturing Corporations. Chap 315.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The person or property of any stockholder in Attachment of
a manufacturing corporation shall not be hereafter taken withoutsum-
npon any execution issued against such corporation, unless molls-
a summons in the action was left with said stockholder.
Sect. 2. Any stockholder with whom such summons if summoned,
has been left shall be admitted to defend in any such ac- deS^and"37
tion, and, if it shall appear that he is not liable therein, scparat'ejudg--
judgment for him shall be entered upon the issue joined, "'
and for his costs ; and judgment may be entered in the
same action against the said corporation, for damages and
costs, as upon a default ; and any execution that may issue
upon such judgment against such corporation, shall have
annexed thereto a supersedeas, as to such stockholder. Supersedeas.
Sect. 3. Upon any execution issued on any judgment Howandwhen
recovered against any corporation, the stockholders whereof erty may beTta-
are liable for its debts, or any part thereof, in which a de- ken-
mand has been made pursuant to law, and the said execu-
tion is not satisfied, the person or property of any officer
of the said corporation at the time when the cause of ac-
tion accrued, or when the said judgment was rendered,
may be taken, and if no property of such officer can be
found to satisfy the said execution, then the person or
property of any stockholder may be taken thereon. [Ap-
proved by the Governor, May 24, 1851.]
An Act in addition to an Act to incorporate the Lowell Equitable Life Chap 316.
Insurance Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The time within which the capital stock of Time extended.
the Lowell Equitable Life Insurance Company is by law
required to be paid in, and the time for organizing the said
company, is hereby extended to the first day of June, in
the year one thousand eight hundred and fifty-two.
Sect. 2. When one hundred persons have subscribed When first
Ti-- ir meeting may
to become members of the company by being insured tor be called and
812
1851.-
■Chap. 316—318.
half the direc-
tors chosen.
Part of act of
incorporation
repealed.
one or more years, or for the whole term of life, the first
meeting may be called for the purpose of organizing the
corporation, but only one half of the whole number of di-
rectors shall then be chosen.
Sect. 3. So much of the act entitled "an act to incor-
porate the Lowell Equitable Life Insurance Corporation, "
approved by the governor, March sixteenth, in the year one
thousand eight hundred and forty-four, as is inconsistent
herewith, is hereby repealed. [Approved by the Governor,
May 24, 1851.]
Chap 317.
Applications to
mayor and al-
dermen may be
made by any
two inhabitants
of Boston, in
regard to rail-
road crossings,
&c.
An Act relating to Railroad Crossings.
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 application now required by law to be made by se-
lectmen of towns to a railroad corporation, in the matter of
a crossing, by its railroad, of any turnpike, highway, town
way, or travelled place, may, when such crossing is within the
limits of the city of Boston, be made by any two or more
inhabitants of the said city ; and if such railroad corpora-
tions shall refuse or neglect to comply with the request of
such inhabitants, as contained in their application, the said
inhabitants may apply to the mayor and aldermen of Boston
to decide upon the reasonableness of their request, and
thereupon a hearing shall be had and a decision made in ac-
cordance with the eightieth section of the thirty-ninth
chapter of the Revised Statutes, and the two hundred and
twenty-second chapter of the acts of the year one thousand
eight hundred and forty-nine. [Approved by the Gover-
nor, May 24, 1851.]
Chap 318. A" Act in addition to "An Act for incorporating certain Persons for the
purpose of building a Bridge over Acuishnet River, in the Town 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 folloivs :
Sect. 1. The proprietors of New Bedford Bridge, with-
in the time hereinafter specified, and upon the terms and
conditions herein prescribed, shall make and maintain in
good repair, in lieu of the present draw in that part of their
bridge which crosses the channel of the river nearest to the
New Bedford shore, a new draw, of not less than sixty feet
in width ; the westerly abutment thereof to be eight feet
farther to the eastward than the westerly abutment of the
existing draw ; the same to be constructed in such manner
Proprietors of
New Bedford
Bridge shall
make and main-
tain a new
draw, not less
than sixty feet
wide.
1851. Chap. 318—320. 813
as shall be approved by a commissioner, to be appointed by To be approved
the governor for the purposes of this act ; the expense of J^,','.,.' '^'|'',',"'s"
such commissioner to be paid by the said corporation : and shall be paid by
the said draw shall be made and completed within six ^baiY'i^com-"'
months from the passage of this act. Ple,e£ in six
Sect. 2. Nothing herein contained shall be construed to
alter or impair any obligations of the said proprietors, under
their act of incorporation, to keep, maintain and tend the Corporation
draw now existing, until that herein required to be made in anj "Jp1™.
lieu thereof shall be completed, excepting so far as the same ent draw, until,
shall be necessarily interrupted by the construction of the
new draw herein required to be made ; but all such obliga-
tions shall remain in full force, and the same shall apply to
the maintenance and care of the new draw, when the same
shall be completed, in like manner as if it had been origi-
nally provided for in the said act of incorporation. [-Ap-
proved by the Governor, May 24, 1851.]
An Act relating to the Erection and Use of Buildings for Stables and Chap 3 1 9.
Bowling Alleys.
BE it enacted by the Senate and House of Representa-
tives, hi General Court assembled, and by the authority of
the same, as follows :
Sect. 1. If any person shall erect, occupy or use any
building, in any city or town, for a stable for more than
four horses, or for a bowling alley, except in such parts of
such city as the mayor and aldermen thereof, or of such
town as the selectmen thereof, shall direct, he shall forfeit
a sum not exceeding fifty dollars, for every month he shall
so occupy or use such building, and in the like proportion
for a longer or shorter time. And the supreme judicial
court, or any one of the justices thereof, either in term time
or vacation, may issue an injunction to prevent such erec-
tion, occupancy or use, without such direction.
Sect. 2. This act shall not be in force in any city un-
less the city council thereof, nor in any town unless the
inhabitants thereof, at a legal meeting, shall, within sixty
days of the passing hereof, by vote adopt the same.
Sect. 3. This act shall take effect from and after its w."en to take
passage. [Approved by the Governor, May 24, 1851.]
An Act in further addition to an Act to amend the Charter of the City of Chap 320.
Lowell.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The qualified voters of each ward in the city
814
1851.-
-Chap. 320—322.
One alderman
to be chosen in
each ward —
Two by city at
large, voting in
wards.
of Lowell shall elect one person, being an inhabitant of
such ward, to be a member of the board of aldermen, and
two persons shall be elected members of that board by the
qualified voters of the city at large, voting in their respect-
ive wards.
Sect. 2. The provisions of the fifth section of the act
to amend the charter of the city of Lowell, passed on the
fourteenth day of February, in the year one thousand eight
hundred and forty-six, are hereby extended to all cases of
failure to elect aldermen at any meeting called for the pur-
pose of such election.
Sect. 3. This act shall be void, unless the inhabitants
of the city of Lowell, at a legal meeting called for that
purpose, shall, by a vote of a majority of the voters, by a
written ballot, determine to adopt the same, within two
months from and after its passage.
Sect. 4. The provisions of this act shall take effect and
apply to all municipal elections, in the said city of Lowell,
following after the acceptance and adoption of this act.
Sect. 5. All acts and parts of acts inconsistent with the
provisions of this act are hereby repealed. [Approved by
the Governor, May 24, 1851.]
Chop 321. An Act to amend the Charter of the Worcester Medical Institution.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
The trustees, together with the regularly constituted offi-
cers of the Worcester Medical Institution, in conferring the
degree of doctor in medicine, are hereby restricted to the
same rules and regulations which are adopted and required
in conferring the same degree, by the University of Cam-
bridge and the Berkshire Medical Institution : provided,
that the title of the degree shall be designated by some ap-
pellation to distinguish it from those of graduates of other
modes of practice. [Approved by the Governor, May 24,
1851.]
Provisions of §
5 of act of 1846
extended to all
failures to elect.
This act void,
unless accepted
by Lowell in
two months.
To apply to all
municipal elec-
tions in Lowell.
Inconsistent
provisions re-
pealed.
Restrictions in
regard to con-
ferring degrees.
Chap 322.
The 304th ch.
of Laws of
1848 so altered,
that the govern-
or and council
may appoint
An Act in addition to the several Acts for the Relief of Insolvent Debt-
ors, and the more equal Distribution of their Effects.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The first section of the three hundred and
fourth chapter of the General Laws of the Commonwealth,
passed in the year one thousand eight hundred and forty-
eight, is hereby so far amended, that the governor, with the
1851. Chap. 322—324. 815
advice and consent of the council, may appoint and com- one, two or three
mission, in addition to those already appointed and commis- Pn^sw^coimfy)
sioned, one or more suitable persons in each county, so that to hold office
the whole number shall not exceed three in any one county, sevenyea
to be a commissioner or commissioners of insolvency in the
county for which he or they are appointed, who shall hold
his or their office for the term of seven years, unless sooner
removed by the governor and council ; and the commis-
sioners who may be so appointed shall have and exercise
the same jurisdiction, power and authority, and be subject
to the same duties and requirements, as the commissioners
appointed under the said act, except that they shall not be Court in shire
required to hold a court of insolvency, at the shire town of ^WD'don ^frst
their respective counties, on the first Tuesday of every each mouth, not
month. necessary.
Sect. 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 24, 1851. J
An Act to set off certain Farms from the Town of Auburn, and annex Chap 323.
the same to the Town of Millbury.
Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. So much of the farms or homesteads of Elijah Persons and es-
Holman, Amos Severy, Thaddeus Hall and Moody H. Sev- *l*|xs2°ff and
ery, being the farm formerly owned by Paul Thurston, then
of Sutton, as have heretofore been considered as belonging
to the town of Auburn, are hereby set off from the said
town of Auburn, and annexed to the town of Millbury.
Sect. 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 24, 1851.]
An Act to provide for the Adoption of Children. Chap 324.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Any inhabitant of this Commonwealth may
petition the judge of probate, in the county wherein he or
she may reside, for leave to adopt a child not his or her own
by birth.
Sect. 2. If both or either of the parents of such child Written consent
shall be living, they or the survivor of them, as the case mus eglv<
may be, shall consent in writing to such adoption ; if
neither parent be living, such consent may be given by
the legal guardian of such child ; if there be no legal
guardian, no father nor mother, the next of kin of such
child within the State may give such consent ; and if there
104
816
1851,
-Chap. 324.
Consent of the
child necessary,
if 14 or over.
If petitioner be
husband or wife,
partner must
join.
If judge be sat-
isfied, &c. he
shall decree and
confirm the
adoption.
The adopted
shall, to all in-
tents and pur-
poses, be the
legal child.
The natural
parent shall be
disconnected
wholly.
The petitioner,
or the child, by
next friend, may
appeal to su-
preme judicial
court.
be no such next of kin, the judge of probate may appoint
some discreet and suitable person to act in the proceedings
as the next friend of such child, and give or withhold such
consent.
Sect. 3. If the child be of the age of fourteen years or
upwards, the adoption shall not be made without his or her
consent.
Sect. 4. No petition by a person having a lawful wife
shall be allowed unless such wife shall join therein, and no
woman having a lawful husband shall be competent to pre-
sent and prosecute such petition.
Sect. 5. If, upon such petition, so presented and con-
sented to as aforesaid, the judge of probate shall be satisfied
of the identity and relations of the persons, and that the
petitioner, or, in case of husband and wife, the petitioners,
are of sufficient ability to bring up the child, and. furnish
suitable nurture and education, having reference to the de-
gree and condition of its parents, and that it is fit and prop-
er that such adoption should take effect, he shall make a
decree setting forth the said facts, and ordering that, from
and after the date of the decree, such child should be
deemed and taken, to all legal intents and purposes, the
child of the petitioner or petitioners.
Sect. 6. A child so adopted, as aforesaid, shall be
deemed, for the purposes of inheritance and succession by
such child, custody of the person and right of obedience by
such parent or parents by adoption, and all other legal con-
sequences and incidents of the natural relation of parents
and children, the same to all intents and purposes as if such
child had been born in lawful wedlock of such parents or
parent by adoption, saving only that such child shall not
be deemed capable of taking property expressly limited to
the heirs of the body or bodies of such petitioner or peti-
tioners.
Sect. 7. The natural parent or parents of such child
shall be deprived, by such decree of adoption, of all legal
rights whatsoever as respects such child ; and such child
shall be freed from all legal obligations of maintenance and
obedience, as respects such natural parent or parents.
Sect. 8. Any petitioner, or any child which is the sub-
ject of such a petition, by any next friend, may claim and
prosecute an appeal to the supreme judicial court from such
decree of the judge of probate, in like manner and with
the like effect as such appeals may now be claimed and
prosecuted in cases of wills, saving only that in no case
shall any bond be required of, nor any costs awarded
against, such child or its next friend so appealing. [Ap-
proved by the Governor, May 24, 1851.]
1851. Chap. 325—326. 817
An Act concerning- Proceedings and Practice in Civil Actions before Chan 325.
Justices' Courts, Police Courts, Justices of the Peace and Trial Jus- "
tires.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The first, second, third, fourth, sixth, forty- What sections
second, forty-third, ninety-seventh, ninety-eighth, one hun- 233 "this w£
drcdth, one hundred and first, one hundred and second, one sion shall applj
hundred and third, one hundred and fourth, one hundred be&re^usticfs
and fifth, one hundred and sixth, one hundred and seventh, of the peace,
one hundred and eighth, one hundred and ninth, one hun-
dred and tenth, one hundred and eleventh, one hundred
and nineteenth, one hundred and twentieth sections of an
act entitled " an act to amend some of the proceedings,
practice and rules of evidence of the courts of this Com-
monwealth," passed the present session, shall be so ex-
tended as to apply to civil actions, in which justices' courts,
police courts, justices of the peace, or trial justices, have
original and exclusive jurisdiction.
Sect. 2. In actions before such justices' courts, police interrogatories
courts, justices of the peace, or trial justices, as aforesaid, p°arty; &Cjj
the interrogatories and answers provided for in the ninety- whe/e to be
eighth, one hundredth, and one hundred and first sections,
may be filed before the said courts, justices, or trial justices,
respectively, and not in the clerk's office, as mentioned in
the said sections ; and the interrogatories may be filed by
either party at any time after the commencement of the
action, and the answers shall be filed within such time as
the said courts, justices of the peace, or trial justices respec-
tively shall order. [Approved by the Governor, May 24,
1851.]
An Act to incorporate the Ware River Railroad Company. Chap 326.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Charles A. Stevens, Jason Gorham, William Corporators.
Mixter, their associates and successors, are hereby made a
corporation, by the name of the Ware River Railroad Com-
pany, with all the powers and privileges, and subject to all the Powers, &c.
duties, liabilities and restrictions, set forth in the forty-fourth
chapter of the Revised Statutes, in that part of the thirty-
ninth chapter of said statutes relating to railroad corpora-
tions, and in all other general laws which have been or
shall hereafter be passed relative to railroad corporations.
Sect. 2. The said company are empowered to locate, Location,
construct and maintain, with one or more tracks, a railroad,
818
1851.-
-Chap. 326.
Capital stock
8000 shares, of
$100, may be
invested in real
and personal
estate.
May enter and
use certain
roads.
Other compa-
nies may enter
and use the
Ware River
Railroad.
Tolls may be
reduced by
legislature.
commencing at some convenient point in the New London,
Willirnantic and Palmer Railroad, in the town of Palmer ;
thence crossing the Western Railroad, and running by or
near the valley of Ware River, through or near Palmer,
Ware, Hard wick, New Braintree, West Brookfield, Bane and
Oakham, to the valley of the Burnshirt stream ; thence by
the said last named valley, through or near Hubbardston,
Phillipston and Templeton, to Otter River, near Baldwins-
ville, crossing the Vermont and Massachusetts Railroad,
near that place ; thence through Wiuchendon, crossing the
Cheshire Railroad, in said Winchendon, to some point in
the line of the state of New Hampshire, convenient to
form a connection with the Monadnock Railroad, in New
Hampshire.
Sect. 3. The capital stock of the said company shall
consist of eight thousand shares, of one hundred dollars
each, and no assessment shall be laid thereon, of a greater
amount in the whole, than one hundred dollars on each
share ; and the said company may invest and hold such
part thereof, in real and personal estate, as may be neces-
sary or convenient for the purposes of their incorporation.
Sect. 4. The company hereby established may enter
upon and connect their tracks with said New London, Wil-
lirnantic and Palmer Railroad, in said Palmer, with said
Vermont and Massachusetts Railroad, near said Baldwins-
ville, and with the Cheshire Railroad, in or near said Win-
chendon, and may use the same, or any part thereof, pay-
ing such rate of toll as may be agreed upon' 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 now existing, or which may hereafter be enacted,
to regulate the use of railroads, and to such reasonable
rules and regulations as may be established by the railroads
entered upon, respectively, for the mutual safety and con-
venience of the parties.
Sect. 5. The Legislature may authorize any company
to enter with another railroad upon, and use the said Ware
River Railroad, or any part thereof, paying such toll as
shall be prescribed by the Legislature, or determined by
the provisions of law, and complying with such reasonable
rules and regulations as the Ware River Railroad Company
may prescribe, or as may be determined, according to the
provisions of law.
Sect. 6. The Legislature may, after the expiration of
four years from the time when the Ware River Railroad
shall be opened for use, from time to time, alter or reduce
the rate of tolls, or other profits upon the said railroad, but
1851. Chap. 326. 819
such tolls or profits shall not, without the consent of the Proviso.
said company, be so reduced as to produce less than ten
per cent, per annum upon the investment of the said com-
pany.
Sect. 7. The said company may enter upon and con- May enter ihe
nect their tracks with the Western Railroad, provided the TO*A by"con- "
directors of the said last named company shall consent sent,
thereto.
Sect. 8. If the location of said Ware River Railroad Limitation of
be not filed within two years, or if the said company shall Ume"
not complete their railroad, as provided for in the second
section of this act, with at least one track, within three
years from the passage of this act, this act shall be null
and void.
Sect. 9. No shares in the capital stock of the said cor- No shares is-
poration shall be issued for a less sum or amount, to be ^n ^are^
actually paid in on each, than the par value of the shares
which shall be first issued.
Sect. 10. The said company is hereby authorized to May divide the
divide their road into four sections, to wit : — The first sec- l°ons*n ° se
tion to embrace that part of the road from its connection
with the New London, Willimantic and Palmer Road to
Ware village ; the second section to extend from Ware to
Barre ; the third section to extend from Barre to the Ver-
mont and Massachusetts Railroad in Templeton ; the fourth
section to extend from Templeton to the line of New
Hampshire. The capital required to build the first and Capital of each,
fourth sections shall be one hundred and fifty thousand
dollars for each section ; and two hundred and fifty thou-
sand dollars shall be the capital for each of the second and
third sections ; and the said company may proceed to build
either of said sections when the capital required therefor
shall have been subscribed. Before either of said sections No section
shall be commenced, a certificate shall be filed in the office untj| certificate
of the secretary of the Commonwealth, subscribed and is filcd wilh.
,, . -, r ■ i i • secretary ol
sworn to by the president of said company and a majority state. "
of the directors, stating that all of the stock named for the
section they propose to build shall have been subscribed by
responsible parties, and that twenty per cent, of the par
value of each and every share of such portion of the stock
has been actually paid into the treasury of the company.
[Approved by the Governor, May 24, 1851.]
820
1851.-
-Chap. 327.
Chap 327,
Petition to com-
missioner by
authorized offi-
Warrant to
messenger to
take possession
of the property,
Messenger to
give notice as
directed.
Meeting of
creditors, when
and where.
Perishable
property to be
sold.
Certain credi-
tors to have
written notice.
An Act to secure the Equal Distribution of the Property of Insolvent
Corporations amongst their Creditors.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Any corporation created by a law of this Com-
monwealth may apply, by petition signed by any officer
duly authorized by a vote of a majority of the corporators
present and voting at a legal meeting called for such pur-
pose, to the commissioner of insolvency for the county
where such corporation has its principal place of business,
setting forth its inability to pay its debts, and its willing-
ness to assign all its estates and effects for the benefit of
its creditors, and praying that such proceedings may be
had in the premises, as in this act are provided ; and the
said commissioner shall thereupon forthwith, by warrant
under his hand and seal, directed to the sheriff or either of
his deputies in the said county, as messenger, command
them and any of them to take possession of all the estate,
real and personal, of such corporation, excepting such as
may be exempt from attachment, and of all the deeds,
books of account, and papers of such corporation, and to
keep the same safely until the appointment of assignees as
hereinafter provided.
Sect. 2. The said messenger shall forthwith give pub-
lic notice, by advertisement in such newspapers as shall be
designated by the commissioner, and also such personal or
other notice to any persons concerned, as the commissioner
shall prescribe, which notice shall state that a warrant has
issued against the estate of such corporation, and that the
payment of any debt and the delivery of any property
belonging to such corporation, to it or for its use, and the
transfer of any property or the making of any contract by
it are forbidden by law ; and the messenger shall, in the
same notice, call a meeting of the creditors of such corpo-
ration to prove their debts, and to choose one or more
assignees of the estate ; which meeting shall be held at
some convenient time and place, to be designated in the
warrant, the time to be not less than ten days, and not
more than sixty days, after the issuing of the warrant.
And if such estate, or any part thereof, shall be perishable,
the same may be sold, under the direction of the messen-
ger, in like manner as in cases of individual insolvent
debtors. And the messenger, in addition to the publica-
tions above required, shall send written notice to the credi-
tors named on the schedule of creditors presented by the
corporation, of the time and place of the first meeting of
1851. Chap. 327. 821
the creditors of such insolvent corporation; and whenever in failure of
it shall appear to the commissioner that such notice has not lobe^tiioumfd
been given, he shall forthwith adjourn the meeting, to the
end that the foregoing requisition may be complied with.
And the said commissioner shall attend the said meeting,
and shall allow all the debts that shall be duly proved
before him, and shall cause a list thereof to be made, which
shall be certified by himself, and shall be recorded and
filed with the other papsrs and proceedings in the case.
And the creditors shall then proceed, in the presence of the Creditors
said commissioner, to choose one or more assignees of the ll!"lse"^n°l
? o more assignee*.
estate of the corporation ; the choice to be made by the How chosen,
greater part in value of the creditors, according to the debts
then proved : provided, that when the number of creditors Proviso..
shall amount to five and be less than ten, the votes of two
at least shall be necessary for a choice ; and when the
number of creditors shall amount to ten or more, the votes
of three at least shall be necessary for a choice. And in in case of no
case no choice shall be made by the creditors at said meet- c olce'
ing, the said commissioner shall appoint one or more as-
signees. And in case any assignee so chosen shall fail to
express, in writing, his acceptance of the trust within four
days, the commissioner may fill any vacancy occasioned
thereby.
Sect. 3. All debts due and payable from such corpora- What debts to
tion, at the time of the first publication of the notice of issu- an0pVveTandKi
ing the said warrant, and all the claims for damages against how.
any railroad or turnpike or canal corporation, may be proved
and allowed against its estate, assigned as aforesaid ; and all
debts then absolutely due, although not payable until after-
wards, may be proved and allowed as if payable presently,
with a discount or rebate of interest, when no interest is
payable by the contract, until the time when the debt
would become payable ; and all moneys due from such cor-
poration on any bottomry or respondentia bond, or on any
policy of insurance, may be proved and allowed, in case
the contingency or loss should happen before the making
of the last dividend, in like manner as if the same had
happened before the said first publication of the said no-
tice ; and in case the corporation shall be liable for any
debt in consequence of having made or indorsed any bill of
exchange or promissory note before the first publication of
the said notice, or in consequence of the payment by any
party to any bill or note, of the whole or any part of the
money secured thereby, or of the payment of any sum by
any surety of the corporation, in any contract whatsoever,
although such payment in either case shall be made after
822
1851.
•Chap. 327.
Offset of debts
in certain cases.
Property in
mortgage or
pledge to any
creditor.
How disposed
of.
Proof by oath
of creditor re-
quired.
Agent or officer
may be exam-
ined.
Appeal allowed,
if debt exceed
#300, to su-
preme judicial
the said first publication, provided it be made before the
making of the last dividend, such debt shall be considered,
for all the purposes of this act, as contracted at the time
when such bill or note or other contract shall have been so
made or indorsed, and may be proved and allowed as if
the said debt had been due and payable by the said corpo-
ration before the said first publication ; and all demands
against the corporation for or on account of any goods or
chattels wrongfully obtained, taken, or withheld by such
corporation, may be proved and allowed as debts, to the
amount of the worth of the property thus taken ; and no
debt other than those above mentioned, shall be proved or
allowed against the estate assigned as aforesaid. And
when it shall appear that there has been mutual credit
given by the corporation and any other person, or mutual
debts between them, the account between them shall be
stated and one debt shall be set off against the other, and
the balance of such account, and no more, shall be allowed
or paid on either side respectively.
And when any creditor shall have any mortgage or
pledge of any real or personal estate of the corporation, or
any lien thereon, for securing the payment of any debt
claimed by him, the property so held as security shall, if
he require it, be sold and the proceeds shall be applied
towards the payment of his debt, and he shall be admitted as
a creditor for the residue thereof if any, and such sale shall
be made in such manner as the commissioner shall order ;
and the creditor and the assignee respectively shall execute
all such deeds and papers as may be necessary or proper for
effecting the conveyance. And if the creditor shall not
require such sale, and join in effecting the conveyance as
aforesaid, he may release and deliver up to the assignees
the premises so held as security, and he shall thereupon be
admitted as a creditor for the whole of his said debt. And
if the said property shall not be either sold or released and
delivered up as aforesaid, the creditor shall not be allowed
to prove any part of his said debt.
Sect. 4. The said commissioner shall require proof, on
oath or affirmation of the creditor, in substance the same
as is now required by law of creditors of individual insol-
vent debtors, of any debt claimed before him, and may
examine the party claiming the same, or the agent who
shall present the claim in his behalf, and also any officer of
such insolvent corporation, on their respective oaths or
affirmations, on all matters relating to such claim. And
any supposed creditor, whose claim shall be wholly or in
part rejected by the commissioner, may appeal from his
1851. Chap. 327. 823
decision, and have the said claim determined at law ; and court, otherwise
if the debt demanded shall exceed the sum of three hun- So™^001"*
dred dollars, such appeal shall be heard and determined in
the supreme judicial court, otherwise in the court of com-
mon pleas ; and the appeal shall be entered in the proper
court, which shall be first held within or for the county in
which the proceedings are had, next after the expiration of
fourteen days from the time of claiming the appeal ; but When and how
no such appeal shall be allowed unless the same be claimed notice given,
and notice thereof be given to the commissioner or his
clerk, to be entered on the record of the proceedings, and
also to the assignees or one of them, within ten days after
the decision appealed from. And, upon entering such ap- Proceeding
peal, the creditor shall file in court a statement in writing, "^^JJ^a"
of his claim, setting forth the same substantially as in a
declaration for the same cause of action at law, and the as-
signees shall plead or answer thereto in like manner ; and
the like proceedings shall be had upon the joining of any
issue of fact or law, and also upon the non-suit or default
of either party, as in any action for the same cause com-
menced and prosecuted in the usual manner ; excepting
only that no execution shall be awarded against the as-
signees for the amount of the debt, if any, recovered by
the creditor. And if the assignees shall be dissatisfied Assignees may
with the allowance of any claim by the commissioner, aPPea-
they may appeal from his decision and have such claim
determined at law ; and such appeal shall be claimed, no-
tified, heard and determined in like manner, and the like
proceedings shall be had thereon, in all respects, as are be-
fore prescribed in the case of an appeal by a creditor ; and, Judgment of
,, , _ , . . . r .r lli. court conclu-
m both cases, the final judgment of the court appealed to sive.
shall be conclusive in the premises : provided, however, that Proviso.
any party aggrieved by the judgment of the court of com-
mon pleas, upon any matter of law arising upon the trial
of such appeal, may except thereto in the manner provided Exceptions as
• • , ii r i t» • j cs±. j. i 1 ineiahtv-sccond
in the eighty-second chapter of the Revised statutes, and chapter of Re-
the judgment in such cases being certified to, the said vised statutes.
commissioner shall ascertain the amount, if any, due to
the claimant ; and the list of debts shall be altered, if
necessary, to conform thereto. And the party prevailing in Party prcvair-
such suit shall be entitled to costs, to be taxed and recov- |£g£
ered as in common actions, against the adverse party, which
costs, if recovered against the assignees, shall be allowed
to them out of the estate of the corporation.
Sect. 5. The said commissioner shall, by an instru- Commissioner
ment under his hand and seal, assign and convey, to the property habie
person or persons chosen or appointed assignees as afore- to attachment.
105
824
1851.
-Chap. 327.
Assignment
effectual for all
purposes.
Corporation or
its officers shall
do all requisite
acts.
Assignees may
recover in their
own names.
Assignees may
prosecute, pend-
ing action.
No abatement
by death of as-
signee.
said, all the estate, real and personal, of the corporation,
excepting such as may be by law exempt from attachment,
with all its deeds, books and papers relating thereto ; which
assignment shall vest in the assignees all the property of
the corporation, both real and personal, which it could by
any way or means have lawfully sold, assigned or con-
veyed, or which might have been taken in execution on
any judgment against the corporation, at the time of the
first publication of the notice of issuing the above-men-
tioned warrant, although the same may then be attached
on mesne process as the property of the said corporation ;
and such assignment shall be effectual to pass all the said
estate, and dissolve any such attachment, made after this
act shall take effect ; and the said assignment shall also
vest, in the said assignees, all debts due to the corpora-
tion, or to any person, for its use, and all liens and securi-
ties therefor, and all its rights of action for any goods or
estate, real or personal, and all its rights of redeeming any
such goods or estate ; and the assignees shall have power
to redeem all mortgages, conditional contracts, pledges and
liens, of or upon any goods or estate of the corporation, or
to sell the same, subject to such mortgage or other incum-
brance. And the corporation, and any officer thereof as
the case may require, shall likewise, at the expense of the
estate, make and execute all such deeds and writings, and
indorse all such bills, notes, and other negotiable papers,
and draw all such checks and orders for moneys deposited
in banks and elsewhere, and do all such other lawful acts
and things, as the assignees shall at any time reasonably
require, and which may be necessary or useful for confirm-
ing the assignment so made by the said commissioner, and
for enabling the assignees to demand, recover, and receive
all the estate and effects assigned as aforesaid, especially
such part thereof, if any, as may be without this Common-
wealth ; and the assignees shall have the like remedy to
recover all the said estate, debts and effects, in their own
names, as the corporation might have had if no such as-
signment had been made.
And if, at the time of such assignment, any action shall
be pending in the name of the corporation, for the recovery
of any debt, or other thing, which might or ought to pass
to the assignees by the said assignment, the assignees shall,
if they require it, be admitted to prosecute such action in
their own names, in like manner and to the like effect as if
the same had been originally commenced by them as such
assignees ; and no suit pending in the name of the assignees
shall be abated by the death or removal of any assignee,
1851. Chap. 327. 825
but, upon the motion of the surviving or remaining as-
signee, or of the new assignees, as the case may be, he or
they shall be admitted to prosecute the suit, in like manner
and to the like effect as if the same had been originally
commenced by him or them. And in all suits, prosecuted Assignment ai-
by the assignees for any debt, demand, right, title, or inter- "XrCi<ty.clusive
est, due or belonging to the insolvent corporation, the as-
signment made to them by the commissioner shall be con-
clusive evidence of their authority to sue as such assignees.
Sect. 6. In the case of any railroad, turnpike, canal, The franchise of
bridge, or other corporation, authorized by law to take toll, corporation '"g
such assignment shall be deemed to empower the assignees may be sold by
to sell and convey the franchises of such corporation, and
any and all property and rights connected with the exercise
of such franchises, to such persons as may become the pur-
chasers thereof; and, by virtue of such sale and convey- purchaser may
ance, such purchasers and their associates shall be deemed h.ave corPora-
n r r tlon organized
to be so far the owners of all such franchises, that they may anew, as in § 3,
have such corporation organized anew by themselves as its ch-44.-R-s-
sole members, in the manner pointed out in the third sec-
tion of the forty-fourth chapter of the Revised Statutes,
and the other provisions of law applicable to such corpora-
tion ; and when such corporation shall have been thus ah the property
organized anew, it shall be deemed to be lawfully possessed, p^e'in^uch0"1*
as of its property, of all the franchises to such corporation newly organ-
previously granted, and of all the property and rights so ifon, wKshaii
sold and con /eyed with such franchises, as aforesaid: and not be liable to
, -i i . ■ i • any suit on pre-
such purchasers and their associates, successors and assigns vious contract,
shall be deemed to be the only members of such corpora-
tion. And when such corporation shall have been so or-
ganized anew, it shall not be liable to any suit at law or in
equity, founded on any contract performable within this
Commonwealth, or made with any citizen thereof, which
existed prior to such organization, nor to any claim provable
under this act.
Sect. 7. The messenger shall, as soon as may be after Messenger shall
his appointment, demand and receive from the corporation, lCi™"ddeedsh,e
and from all other persons, all the estate in its or their pos- books, accounts,
session respectively, which is herein above ordered to be poration°
assigned, with all the deeds, books of account, and papers
of the corporation, relating thereto ; and the corporation
shall deliver to the messenger such part of the said estate,
and other things above specified, as may then be within its
possession or power, and each and all the officers of such Every officer of
r • i ii t i i • • c i *i P corporation re-
corporation shall disclose the situation ot such parts ttiereot quiredtodis-
as may then be in the possession of the corporation, or any J^J^JJJ^
other person or persons, so as to enable the messenger to
826
1851.-
-Chap. 327.
Treasurer to
make schedule
of creditors, na
ture of the debts
&c. to be pre-
sented by cor-
poration to mes-
senger within
three days, and
by him to first
meeting of cred-
itors, when the
corporation
shall give full
account of all
property, deal-
ings, debts, &c.
and be liable to
examination in
writing.
Commissioner
power to impris-
Commissioner
shall appoint
second meeting
within three
months, when
creditors may
prove debts.
Corporation
may amend
schedule.
Officers of cor-
poration shall
subscribe oath,
&c. as follows :
demand and receive the same. And the treasurer, or other
principal financial officer of such corporation, shall also
make a schedule, containing a full and true account of all
its creditors, with the place of residence of each creditor, if
known to him, and the sum due to each. And the said
schedule shall also set forth the nature of each debt, wheth-
er founded on written security, on account, or otherwise,
and also the true cause and consideration thereof, and a
statement of any existing mortgage, or other collateral se-
curity, given for the payment of the same, which schedule
the corporation shall present to the messenger within three
days after the date of the warrant, and the messenger shall
return the same at the first meeting of its creditors, to be
delivered to the assignees who shall then be chosen. And
the said corporation shall present, at the first meeting of
the creditors, a schedule of all its real and personal estate,
giving a description of the same, and stating where it is
situated, such schedule to be delivered to the assignees.
And each and every officer of the corporation shall, at all
times, upon reasonable notice, attend and submit to an ex-
amination, on oath, before the commissioner and the as-
signees, upon all matters relating to the disposal of its
estate, and to its trade and dealings with others, and its
accounts concerning the same, and relating to all debts due
or claimed from it, and to all other matters concerning its
estate, and the due settlement thereof according to law ;
such examination to be in writing, when so required by the
commissioner, and to be signed by the person examined,
and filed with the other proceedings ; and the commissioner
shall have the same power to imprison any person disobey-
ing any order lawfully made respecting such examination,
as he now has in cases of individual insolvent debtors.
Sect. 8. The commissioner shall appoint a second meet-
ing of the said creditors, to be held at such time, not more
than three months after the date of the warrant to the mes-
senger, as the commissioner shall think fit, regard being had
to the distance at which the creditors, or any of them, may
reside, at which meeting any creditors who have not before
proved their debts shall be allowed to prove the same.
And the corporation shall then be allowed to amend the
schedule of its creditors, and to correct any mistake there-
in. And the president, directors, treasurer, clerk, and other
officers of the corporation, if any, shall then severally make
and subscribe an oath before such commissioner, which
shall be certified by him and filed in the case, in substance
as follows :
I, , (president, &c, or treasurer, &c.,) do swear that
1851. Chap. 327. 827
I do verily believe the account of the creditors of the said
corporation, contained in the schedule signed by A. 14., and
now in the hands of the assignees chosen by the creditors
of such corporation, is in all respects just and true ; that I
do verily believe that all the property and estate of the
said corporation, and all its books of account and papers,
have been delivered to the messenger or the said assignees ;
and that, if any goods or estate not so delivered shall here-
after come to my knowledge, I will faithfully and diligently
apprize the said assignees thereof. And I do further swear
that, to the best and utmost of my knowledge, information
and belief, there is no part of the estate or effects of the
said corporation made over or disposed of in any manner
in fraud of this act or of the creditors of the said corpora-
tion.
Sect. 9. If any such corporation, being insolvent, shall, Any assign-
within six months before the filing of a petition by or l^anVcreditor
against it, make any payment, or any assignment, sale, within six
+ & c ' * l» **■/*? l months of peti-
transter or conveyance or any part or its estate, real or per- tion, prohibited,
sonal, to any preexisting creditor, having reasonable cause void,&c.
to believe such corporation insolvent, such payment, assign-
ment, sale, transfer or conveyance shall, as to the other
creditors, be void, and the assignees may recover the mon-
ey or property, or the value thereof, from the creditor so
receiving the same.
Sect. 10. The assignees shall forthwith cause the said Assignees shall
assignment to be recorded in the registry of deeds in each menTtobf're-
county in the Commonwealth in which there may be any corded:
real estate of the corporation upon which the same may
operate, and shall also give public notice of their appoint give notice of
ment, in such manner as the commissioner shall order ; and aPpoin men
shall demand and receive from the messenger, and from all —demand pos-
other persons, all the estate in his or their possession, re- erty°no prop*
spectively, which shall have been assigned or intended to
be assigned according to the provisions of this act ; and
they shall sell all the said estate, real and personal, which —sell all estate :
shall come to their hands, on such terms as they shall think
most for the interest of the creditors ; and shall keep a reg — keep account
ular account of all moneys received by them, as assignees, ° mo"e-^
to which every creditor shall, at all reasonable times, have
free resort. And the assignees shall, as soon as may be,
after receiving any moneys belonging to the estate, deposit —deposit same
the same in some bank, in their names as assignees, or oth- m ba"k :
erwise keep the same distinct and apart from all other mon-
eys in their possession ; and they shall likewise, as far as —keep all mon-
practicable, keep all the goods and effects belonging to the ^pkfate iromC'
estate separate and apart from all other goods in their pos- meir own :
828 1851. Chap. 327.
session, or designated by appropriate marks, so that all such
moneys, goods and effects belonging to the estate may be
easily and clearly distinguished from other like things in
the possession of the assignees, and may not be exposed, or
liable to be taken as their property, or for the payment of
Assignees may their debts. And they shall be allowed and may retain,
moneysTan out °f tne moneys in their hands, all the necessary dis-
bursements made by them in the discharge of their duty,
and a reasonable compensation for their services, at the dis-
cretion of the commissioner. And the assignees shall have
—submit certain power, under the direction of the commissioner, to submit
any controversy that shall arise in the settlement of any
demands against the estate of such corporation, or of debts
due to its estate, to the determination of one or more arbi-
trators, to be chosen by the assignees and the other party to
—have power to such controversy ; and the assignees shall likewise have
troverstes.1 C°n~ power, under the direction of the commissioner, to com-
pound and settle any such controversy, by agreement with
the other party thereto, as they shall think proper and most
for the interest of the creditors. And it shall be in the
Creditors, at power of the creditors, by such a vote as is provided in the
?!ffu™a^I™t' second section of this act for the choice of assignees, at
move assignees, any regular meeting called by order of the commissioner
c"es for that purpose, which meeting may be called by the com-
missioner at his discretion, and shall be called by him upon
the application of a majority of the said creditors, either in
number or value, to remove all or any of the assignees;
and, upon such removal, or upon any vacancy by death or
otherwise, to choose one or more assignees in his or their
place ; and all the estate of the corporation, not before law-
fully disposed of, shall be forthwith as effectually and le-
New assignees gaily vested in such new assignee or assignees, as if the
to have same original assignment had been made to him or them; and
powers and pos- ° . °
session, and do the assignee or assignees, and his or their executors or ad-
acts?quls'te ministrators, shall, upon the request and at the expense of
the estate in the hands of the new assignee or assignees,
make and execute, to him or them, all such deeds, convey-
ances and assurances, and do all such other lawful acts and
things, as may be needful or proper to enable the new as-
signee or assignees to demand, recover and receive all the
said estate. And when only one assignee shall be origi-
nally appointed, or when, by death or otherwise, the num-
ber shall be reduced to one, all the provisions in this act
contained, in reference to several assignees, shall apply to
such one.
Assignees shall Sect. 11. The assignees shall, at such time as shall be
m six months appointed by the commissioner, within six months from the
1851. Chap. 327. 829
time of their appointment, call a meeting of all the cred- call meeting of
itors of the corporation, by a notice to be published in such credltors-
manner as the commissioner may direct, at which meeting
the creditors who have not before proved their debts, shall
be allowed to prove the same; and the assignees shall pro- Produce fair ac-
duce, to the commissioner and the creditors then present, ceipuan/pay-
fair and just accounts of all their receipts and payments ments.
touching the estate of the corporation, and shall, if required
by the commissioner, be examined, on oath, as to the truth
of such accounts ; and the said commissioner shall there- Commissioner
upon make an order, in writing, under his hand, for a divi- sha"' '" wnllll&.
j i c i -i t w- r i i . issue order for
dend ot the said estate and effects, or ot such part thereof dividend among
as he shall think fit, among such of the creditors of the credll0,s-
said corporation as shall have proved their debts, in propor-
tion to their respective debts, which order shall be recorded
with the other proceedings in the case: provided, however, Preferred debts,
that all debts due by the corporation to the United States,
or to any persons, who, by the laws of the United States
or of this Commonwealth, are or may be entitled to a pri-
ority or preference with respect to such debts out of the
estate assigned as aforesaid, shall have the benefit of such
priority or preference in like manner as if this act had not
been passed. And if, at the time of ordering such divi-
dend, it shall appear to the commissioner probable that Where proba-
there are just claims against the estate, which, by reason of 0f djstant credl-
the distant residence of the creditor, or for other sufficient tors not proved,
i . i i xi • • i ii sufficient sum to
reason, have not been proved, the commissioner shall, in be reserved,
ordering such a dividend, leave, in the hands of the assign-
ees, a sum sufficient to pay to every such absent creditor a
proportion equal to what shall then be paid to the other
creditors, which sum shall remain thus unappropriated in
the hands of the assignees, until the final dividend shall be
declared, or until the commissioner shall order its distribu-
tion.
Sect. 12. The said assignees shall, at such time as shall Meeting for sec-
II" A A
be appointed by the commissioner, within eighteen months ™thineiehteen
after the appointment of the assignees, make a second divi- months,
dend of the said estate, in case the same was not wholly
distributed upon the first dividend, and shall give notice of
a meeting, for that purpose, of all the creditors of the cor-
poration, in such manner as the commissioner shall direct, at
which meeting the creditors, who have not before proved Unproved debts
their debts, shall be allowed to prove the same ; and the ac- 5feJretd.enbe
counts of the assignees shall then be produced and exam- Accounts of as-
ined, as provided in the preceding section, and shall be set- ain'med and^et-
tled by the commissioner, and whatever sum, upon the bal- tledbycommig-
ance thereof, shall appear to be in their hands, shall, by a S1
830 1851. Chap. 327.
like order of the commissioner, be divided among all the
creditors who shall then have proved their debts, in propor-
tion to their respective debts : provided, that no creditor,
whose debt shall be proved at the time of the second or
Prior dividends any after dividend, shall be allowed to disturb any prior
nottobedis- dividend: but he shall be paid so far only as the funds re-
turbed. . . ' . . *~* ■> .
maming unappropriated m the hands ot the assignees shall
be sufficient therefor.
And if, at the time of appointing the meeting for the
said second dividend, there shall remain, in the hands of
Outstanding the assignees, any outstanding debts or other property due
debts may be or belonging to the estate, which cannot, in the opinion of
the commissioner, be collected and received by the assign-
ees without unreasonable or inconvenient delay, the assign-
ees may, under the direction of the commissioner, sell and
assign such debts, or other property, in such manner as
shall be ordered by the commissioner.
Second divi- And such second dividend shall be final, unless any suit
dend final, un- relating to the estate be then depending, or any part of the
estate be outstanding, or unless some other estate or effects
of the said corporation shall afterwards come to the hands
of the assignees, in which cases another dividend shall be
made, by the order of the commissioner, in the manner be-
other dividends fore provided ; and further dividends shall be made in like
when required. manner as often as occasion shall require; and, at every
other debts regular meeting of the creditors, those who have not before
which arise. proved their debts, shall be allowed to prove the same.
And if, after the payment of all debts proved as afore-
Surpius to be said, any surplus shall remain in the hands of the assignees,
paid or revest, the same shall be paid or reconveyed to, and revest in, the
corporation or its legal representatives.
Sect. 13. The commissioner, at the commencement of
the proceedings, in each case, under this act, shall appoint
Clerk to be ap- a clerk, who shall be sworn to the faithful discharge of his
pointed at com- ^utv ; and the clerk shall keep a record of all the regular
III t_M I C C* Ml CM 1 1 10 J *~ .
keep record, meetings of the creditors, and of all the proceedings there-
&c., file papers, ^ an(j snau preserve all papers duly filed in the course of
the proceedings, and perform such other duties appertaining
to his office as shall be prescribed by the commissioner.
Records files And the record of the proceedings, in each case, with all
&c, to be pre- the papers filed therein, shall be enclosed together, and, at
bearteC0ffi"ePr0" the termination of the proceedings, shall be deposited in
the probate office of the county, and be there preserved un-
Commissioner der the care of the register of probate. And the commis-
may remove sioner may remove the clerk for any cause that he shall
pohit,a&c.ap deem sufficient : and, upon such removal, or upon the death,
resignation, or absence of the clerk, may appoint another
1851. Chap. 327. 831
in his place. And copies of all parts of the said record, Copies certified
duly certified by the register of probate, shall, in all cases, pfXa^TJ be
be admissible as evidence, prima facie, of the facts therein evidence,
stated and contained.
Sect. 14. The commissioner shall attend and preside Commissioner
at all meetings of the creditors, and shall regulate the pro- ^[i^i'
ceedings thereat : and he may adjourn any meeting, from jojm.
time to time, as occasion shall require, and all things law-
fully done at any such adjourned meeting, shall be of the
like force and effect as if done at the original meeting. He Administer
shall also have the power to administer all oaths that shall oalh-
be required in the course of the proceedings. In case the When commig-
,,,-,.. .. j • . • j- sioner is inter-
commissioner shall be interested m any question pending ested; proceed,
before him, it shall be the duty of the clerk to make a cer- ings in that case,
tifieate of such fact, in the record of the case ; and, there-
upon, the judge of probate for the same county shall have
jurisdiction in the case in which such question may have
arisen, and shall hear and determine the same ; and shall re-
ceive such compensation therefor as the said commissioner
would have received for the like services. And any creditor,
who shall reside more than five miles from the place of meet- When creditor
ing of the creditors, being required to make oath in support of distant, oath by
his claim, such oath may be administered by any justice of Justice Peace-
the peace, or other person duly qualified to administer oaths,
in the place or country where such creditor may reside ;
and every creditor, who has proved his debt, may appear, Vote by proxy,
vote, and act, at all meetings of the creditors, by his attor-
ney, duly constituted, in like manner as if he were person-
ally present.
Sect. 15. There shall be allowed and paid, out of the Certain fees to
estate and effects of the corporation, the following fees for pora^niby cor"
the respective services hereinafter mentioned ; that is to say :
to the commissioner, for receiving and allowing the original
petition, and issuing his warrant thereon, two dollars ; and
the sum of five dollars for every day during which he may
be employed in this duty, to be apportioned among the
several causes, if there be more than one, on which he
may act on the same day.
To the clerk, for every day's attendance upon or with To the clerk,
the commissioner, on any business arising in such causes, a
sum not exceeding two dollars per day, to be apportioned
as aforesaid ; and such further compensation for keeping a
record of the proceedings, and for any other services per-
formed by him, as the commissioner shall allow.
To the messenger, such compensation as the commis- To messenger,
sioner shall see fit to allow, according to the circumstances
106
832
1851,
■Chap. 327.
To witnesses.
Supreme judi-
cial court to
have chancery
powers, make
rules, &.c.
At law term
one justice suf-
ficient.
If an attach-
ment of at least
$100 against a
corporation be
not dissolved in
a certain time,
or a fraudulent
conveyance be
made, creditors
to that amount
may petition for
distribution,
&.c, and com-
missioner shall,
in such case, is-
sue warrant to
take possession
of estate of said
corporation.
of each case, regard being had to fees allowed to sheriffs
for like services.
To every witness, the same fees as are or may be al-
lowed to witnesses in the court of common pleas.
Sect. 16. The supreme judicial court shall have a
general superintendence and jurisdiction, as a court of chan-
cery, of all cases arising under this act, and may, from
time to time, make such general rules and forms as they
shall judge necessary to establish and maintain a regular
and uniform course of proceedings therein, in all the differ-
ent counties ; and they shall also have power, in all cases
which are not herein otherwise specially provided for, upon
the bill, petition, or other proper process of any party ag-
grieved by any proceedings under this act, to hear and de-
termine the case, as a court of chancery, and to make such
order or decree therein, as law and justice shall require ;
and all the powers granted in this section, may be exer-
cised either by the said court, at any law term thereof, re-
spectively, or by any one justice thereof, in like manner, in
all respects, as other chancery powers vested in the said
court may by law be exercised, excepting the power of
making general rules and forms as aforesaid, which latter
power shall be exercised only at a law term of the said
court.
Sect. 17. If any corporation, whose goods or estate are
attached on mesne process, in any civil action founded on
a contract for the sum of one hundred dollars or upwards,
which is in its nature provable under this act, shall not, with-
in fourteen days from the return day of the writ, if the term
of the court to which the process is returnable shall so long
continue, or on or before the last day of the said term if the
same shall sooner end, dissolve the attachment in the man-
ner hereinafter provided, or if any corporation shall make
any fraudulent conveyance or transfer of its property, or
any part thereof, then any of its creditors Avliose claims,
provable against its estate under this act, amount to the
sum of one hundred dollars, may apply by petition, stating
the facts, and the nature of the said claim or claims, veri-
fied by oath, to the said commissioner, in the county in
which the said corporation is established, praying that its
estate may be seized and distributed according to law ; and
thereupon the said commissioner, after notice of the pre-
sentment of said petition given to said corporation, by a
copy thereof served on the president, treasurer, or clerk of
said corporation thirty days at least before the return day
of such notice ; and, after a hearing before said commis-
sioner, of the petitioners and corporation, or after default of
1851. Chap. 327. 833
said corporation to appear at the time and place in said no-
tice appointed, if the facts set forth in said petition shall
appear to said commissioner to be true, he shall forthwith
issue his warrant to take possession of the estate of said
corporation, and such further proceedings shall be had as
are provided, and may be necessary, for distributing the
same among the creditors of such corporation, according to
the intent of this act.
And whenever any corporation shall, by accident or When corpora-
mistake, have failed to dissolve an attachment made, as b^awTdeiiuo
aforesaid, it may forthwith, and at any time before the dissolve attach-
said commissioner shall have issued his warrant, as afore- men '
said, apply, by petition, to any justice of the supreme ju- Proceedings in
dicial court for a stay of the said proceedings, and, after suchcase-
such notice to the petitioning creditor as such justice shall
order, or without notice if the urgency of the case shall
not allow notice to be given, the said proceedings may be
stayed by an order of such justice, until a hearing ; and if,
upon the hearing before such justice, the corporation shall
prove, to his satisfaction, that it is in fact solvent ; and if it
shall not appear that such corporation has made any fraudu-
lent conveyance of its property, the said justice shall there-
upon order the proceedings aforesaid to be superseded and
finally stayed; and nothing in this section contained shall
be construed to control or diminish the equitable jurisdic-
tion conferred by the fifteenth section of this act.
Sect. 18. Any corporation, whose goods or estate shall How corpora-
be attached on mesne process, in any civil action, may, at sXe"aYauach-
any time within the time fixed by the preceding section, ment. &c.
dissolve such attachment, by giving bond, with sufficient qujrcd. °
sureties, to be approved by the court in which the action
is pending, or by any justice thereof, or by any justice of
the supreme judicial court, with condition to pay to the
plaintiff in such action the amount, if any, that he shall
recover therein, within thirty days after the final judgment
in such action ; and no sureties shall be deemed sufficient
for this purpose, unless they are satisfactory to the plain-
tiff in the action, or it shall be made clearly to appear,
that each of the sureties, if there are only two. is worth a
sum equal to that for which the attachment is laid ; or, if
there are more than two sureties, that they are altogether
worth twice the sum for which the attachment is laid, over
and above what will pay all their debts.
Sect. 19. Any person, who shall have performed any Debts for labor
. . J F . , ■ c ■ \ not exceeding
labor, as an operative, in the service ot any insolvent cor- £25, due within
poration, shall be entitled to receive, from the assignee of ^lJjJ,v[®a^"
such insolvent corporation, the full amount of the wages of insolvency
834
1851.
-Chap. 327.
are preferred
dol>ls, also cer-
tain uihers.
When dissolu-
tion of attach-
ment would
prevent the
properly from
passing to as-
signees.
Proceedings in
such case.
When attach-
ment is thus
dissolved, plain-
tiff may have
costs, <Scc, as
privileged debt.
Assignees to
give bonds in
certain rases
on certain con-
ditions.
dne him for such labor, not exceeding twenty-five dollars,
provided that such labor shall have been performed within
sixty-five days next before the first publication of the no-
tice of insolvency, by the messenger ; and such debts, and
all claims against any railroad, turnpike, canal or other cor-
poration authorized to take land or materials, for damages
for taking land or materials, or laying out such road, canal
or turnpike, shall be deemed to be preferred debts, next after
debts due to the United States, and to the Commonwealth.
Sect. 20. Should it appear to the commissioner that a
dissolution of any attachment, pursuant to the provisions of
the fifth section of this act, would prevent said attached prop-
erty from passing to the assignees, the attachment upon his
order shall survive, notwithstanding the provisions of the
said section, and the assignees shall have power, with the
permission of the court to which said writ is returnable, to
proceed with the suit against the insolvent, to final judg-
ment and execution, and the amount recovered, exclusive of
costs, shall vest in the assignees. And in case any mort-
gage shall be foreclosed, pending the proceedings under
this act, and before the appointment of any assignee, the
assignees or assignee, when appointed, shall have the right
to redeem the same, at any time within sixty days after
his or their appointment, with the like remedies as are now
provided by law for the redemption of mortgages.
Sect. 21. Whenever an attachment on mesne process
is dissolved by virtue of proceedings under this act, if the
claim upon which the suit was commenced shall be proved
against the estate of the insolvent corporation, the plaintiff
in such suit shall be allowed to prove against the said es-
tate the legal fees, costs, and expenses of such suit, and of
the custody of the property, and the amount thereof shall be
considered a privileged debt, and have a priority or prefer-
ence, and be paid in full, after the payment of those debts
which have a priority or preference, by virtue of the pre-
ceding provisions of this act.
Sect. 22. The assignee or assignees, or any of them,
if required by a majority, in value, of the creditors who
have proved their claims, before entering on the duties of
his or their said office, shall give bonds to the commission-
er, before whom the proceedings shall be pending, with
sufficient surety or sureties, for the faithful performance of
their duties. Said bonds shall be approved by the com-
missioner, by his endorsement thereon, and shall be filed
with the record of the case, and enure to the benefit of
all creditors who may prove their claims, and may be pros-
ecuted in the manner provided by law for the prosecution
1851. Chap. 327. 835
of bonds given to the judges of probate by administrators
or executors. And, in all cases, the commissioner may re-
quire the assignee of any insolvent corporation, in any case
pending before him, to give good and sufficient bonds for
the faithful performance and discharge of his duty.
Sect. 23. Upon complaint, made under oath by any on complaint
\ . . l . , . for fraudulent
person interested in the said estate, against any one sus- concealment or
pected of having fraudulently received, concealed, embez- embezzlement
zled, or conveyed away, any of the money, goods, effects, commissioner
or other estate of such insolvent corporation, the commis- "^Jj^^
sioner may cite such suspected person to appear before him, &c. and com-'
and be examined on oath upon the matter of such com- ™l£|? hls relus"
plaint ; and if the person so cited shall refuse to appear
and submit to such examination, or to answer such inter-
rogatories as shall be lawfully propounded to him, the said
commisioner may commit him to the common jail of the
county, there to remain in close custody until he shall sub-
mit to the order of said commissioner; and all such inter-
rogatories and answers shall be in writing, and shall be
signed by the party examined, and filed with the proceed-
ings, to be used in any proceeding before such commission-
er, pending against said insolvent corporation, or in any
way or manner authorized by law.
Sect. 24. The several commissioners in the Common- Commissioners
wealth shall, on or before the tenth day of each month, monih shall63'
make returns to the secretary of the Commonwealth, con- make retu.ns to
• i • i i • l. secretary ( om-
taining the names of the corporations which, during the mouweahh, &.c.
next preceding month, have petitioned or been proceeded
against before him as insolvent corporations under this
act, specifying the kind of business for which such corpo-
rations were created, and the place or places where such
business was principally done, with the date when such
proceedings were commenced by or against such corpora-
tions. And it shall be the duty of the secretary to enter Secretary to re-
the same in a book, convenient for reference, which shall &£. n<
be open to the inspection of the public.
Sect. 25. It shall be the duty of the commissioner to Assignees to
' . , ., , gne written no-
order the assignee to give written notice, by mail or other- tue of meet-
wise, of all meetings of creditors of insolvent corporations, inss«&c-
and of all dividends, in cases pending before them, to all
known creditors of such insolvent corporations.
Sect. 26. Nothing in this act contained shall be deemed Railroad and
o banking corpo-
applicable to any railroad or banking corporation, or to give rations ex-
validity to, or affect any mortgage made by any corpora- fomcp^ujj0m
tion for any purpose whatever.
Sect. 27. Whenever any assignee or assignees shall SiS^dt^SE-
proceed to sell the franchises of any corporation by virtue ber of shares to
836
1851.
-Chap. 327—329.
be sold, and
how.
Act to take ef-
fect thirtieth of
September.
of the provisions of the sixth section of this act, he or
they shall, in case the commissioner of insolvency shall so
order, expose the property, estate or assets of said corpora-
tion for sale in shares, in number equal to the whole num-
ber of shares of the capital stock of such corporation, and
such shares may thereupon be sold separately, and the pur-
chasers of such shares may organize anew, in the manner
in said sixth section provided.
Sect. 28. This act shall take effect from and after the
thirtieth day of September next. [Approved by the Gov-
ernor, May 24, 1851.]
Chap 328.
Laws repealed
by this act re-
vived.
Actions com-
menced before
this law takes
effect, may pro-
ceed.
Chap 329.
May erect solid
embankment,
provided, &,c.
Culvert of east-
ern embank-
ment may be
provided with
gate, &c.
An Act to repeat an Act for the appointment of Trial Justices.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as folloivs :
Sect. 1. The act passed on the third day of May, in
the year one thousand eight hundred and fifty, entitled
an act for the appointment of trial justices, is hereby re-
pealed.
Sect. 2. All provisions of the laws of this Common-
wealth, which were repealed by the passage of the act
aforesaid, are hereby revived.
Sect. 3. This act shall not affect any cases or proceed-
ings now commenced, or that shall be hereafter commenced
before this act shall take effect ; and the trial justices before
whom any such cases or proceedings may be commenced
or pending at the time when this act shall take effect, shall
have the same jurisdiction, power and authority in respect
to them as they now have in like cases. [Approved by the
Governor, May 24, 1851.]
An Act authorizing the Fitchburg Railroad Corporation to alter the con-
struction of their Bridges over Miller's River, in Somerville.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Fitchburg Railroad Corporation are here-
by authorized to erect solid embankments at their present
crossings over Miller's River, in Somerville : provided, an
opening or culvert shall be left in said embankments not
less than ten feet square, and more if necessary for the full
ingress and regress of ordinary tides.
Sect. 2. The culvert of the eastern embankment may
be provided with a gate which shall not be closed to ob-
struct the flow of ordinary tides, from the first of May to
the first of November, in each year.
1851. Chap. 329—331. 837
Sect. 3. Suitable provision shall be made for the es- Provision shall
cape of all water that may accumulate above said east- clpe^ofwaiier*
ern embankment during that portion of the year that the le-
gate is allowed to be closed to prevent the tide from flow-
ing into said river.
Sect. 4. Said embankments, culverts, and gate, shall Culverts, gates,
be constructed under the direction and to the acceptance of &c> shall be
r constructed to
the selectmen of the town of Somerville. the acccpiance
Sect. 5. This act shall go into effect from and after its melfrfSomer-
passage ; and shall be void unless said embankments, cul- viiie.
verts and gate are constructed within one year from its pas- Mustbecom-
sage. [Approved by the Governor, May 24, 1851.] pletedjaoae
An Act to increase the number of Justices of the Court of Common ChcLT) 330
Pleas. *
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The number of justices of the court of com-
mon pleas shall be seven instead of six, as now provided
by law.
Sect. 2. At any term of the court of common pleas in
any county, for the transaction of civil business, whenever
the public convenience shall require it, two sessions of the Two sessions of
said court may be held in different places in such county, be'held'aidH?'
at the same time, each by one of the justices thereof; and ferem places at
such division may be made of the business of the court, at tvi^n necessary,
any time, as may conduce to the more speedy and conven- each by one
• f i e i judge.
lent disposal oi the same.
Sect. 3. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 24, 1851. J e,rect-
An Act in addition to " An Act to provide against loss from Insurance by Qhan ']Q1
Foreign Corporations." 1
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. No insurance company, unless incorporated by Provisions of
the Legislature of this Commonwealth, shall make any in- tompHed°wiUi
surance on property within this State, nor contract for in- in an insur-
surance with any party resident within this State, until a"ces'
such insurance company shall have complied with the pro-
visions of this act.
Sect. 2. Every insurance company shall, by a written Every insnr-
power, appoint some citizen of this Commonwealth, resi- {'"Jiave'anatiSr-
dent therein, their attorney, with power and authority to ney, ic.
accept service of all lawful processes against such compa-
838 1851. Chap. 331.
ny in this Commonwealth, and to cause an appearance to
be entered in any action, in like manner as if such corpora-
tion had existed and been duly served with process within
this State.
Copy of power Sect. 3. A copy of such power of attorney, duly cer-
L filed wuh ° tified and authenticated, shall be filed with the secretary of
secretary of state 0f this Common wealth, and copies thereof, duly cerli-
' fied by such secretary, shall be received in evidence in all
courts of this Commonwealth.
Vacancy of at- Sect. 4. If any such attorney shall die, or resign, or
m'edbynew be removed, it shall be the duty of such corporation to
appointment, make a new appointment as aforesaid, and file a copy
with the said secretary as above prescribed, so that at
all times, and while any liability remains outstanding on
such insurance, there shall be within this State, an attor-
ney authorized as aforesaid. And no such power of attor-
ney shall be revoked until after a like power shall have
been given to some competent person, and a copy thereof
filed as aforesaid.
Service of pro- Sect. 5. Service of process upon such attorney shall
torneTsuffi- at" be deemed to be sufficient service upon his principals.
cieilt- Sect. 6. If any such insurance company shall make
An \ company • • . i • •„, ^, ,. . .
may insure, imt insurance without complying with the requisitions ot this
non-compiying aCf tne contract shall be valid; but any agent of such
attorney shall . ' • . />.
forfeit trom company, acting within this State, respecting the effecting
#3iwto #ioco. 0f any policy of insurance, shall forfeit to the Common-
wealth a sum not exceeding one thousand dollars nor less
than three hundred dollars ; and all persons shall be deemed
agents of such company, and acting as such, respecting the
effecting of a policy of insurance, within the meaning of
Who are agents this section, who are agents and do acts within the terms
of a company. 0f the first section of the act to which this act is in addi-
Disabiiities of tion. And in case any such company, when thereto noti-
not appointing fied by the treasurer of this Commonwealth, shall neglect
attorney. J . ' . . r ~ .
to appoint an attorney agreeably to the provisions of this
act, such company shall not be entitled to recover any pre-
mium or assessment made by them, on any contract of in-
surance with any citizen of this State, until such company
shall have complied with the provisions of this act.
Every agent to Sect. 7. Every agent described in the first section of
"momiTfirst °' the act to which this act is in addition, shall, on the first
Monday of Oc- Monday of October, in every year during the continuance
a^payonTper' °f his agencY> make a return, on oath, to the treasurer of
cent premium th is State, of the amount insured, or procured to be insured
by him in this State, as such agent, during the year pre-
ceding, and of the amount of premiums received and as-
sessments collected during the said period, and shall, at the
1851. Chap. 331—332. 839
same time, pay to the treasurer a tax of one per cent, on
the amount of such premiums and assessments.
Sect. 8. If any such agent shall neglect to make such re- Forfeiture for
turns and payments as are required in the preceding sec- #7uua' Ai°''
tion, or if he shall make the same falsely or fraudulently,
he shall, for every such offence, forfeit a sum not exceeding
one thousand dollars.
Sect. 9. Every such agent shall, before making, or Agent, before
procuring to be made, any contract of insurance as afore- SS^SS10
said, give bond to the treasurer of the State, with two or #50CO} coudi-
more sureties, to be approved by him, in the sum of five
thousand dollars at least, with conditions to make the an-
nual returns before required, and to pay the said tax.
Sect. 10. It shall be the duty of the treasurer, and of Duty of treasu-
the attorney general and district attorneys of this Common- rer'a,lor',ey
iii r general, &c,
wealth, to cause these provisions of law to be executed, 'o cause provis-
and the penalties created by the preceding section of this c0unt*d0 be cxe"
act to be enforced.
Sect. 11. This act shall not apply to companies incor- To what com-
porated by any state in which corporations of like charac- SSrSttpJK
ter, incorporated by this Commonwealth, are not taxed.
[Approved by the Governor, May 24, 1851. J
An Act to incorporate the Bay State Screw Company. Chart 332
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. William A. Crocker, George A. Crocker, Jo- Corporators.
seph A. Chamberlain, their associates and successors, are
hereby made a corporation, by the name of the Bay State
Screw Company, for the purpose of manufacturing wood Purpose,
screws, in the town of Taunton, in the county of Bristol,
with all the powers and privileges, and subject to all the
duties, restrictions and liabilities, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Sect. 2. The said corporation, for the purposes afore- May hold real
said, may take and hold real estate not exceeding one hun- ooo-wilie^np-.
died thousand dollars ; and their whole capital stock shall iiai, 5s>so,oco.
not exceed two hundred and fifty thousand dollars.
Sect. 3. No shares in the capital stock of the said cor- No stock issued
poration shall be issued for a less sum or amount, to be al less lha" par'
actually paid in on each, than the par value of the shares
which shall be first issued. [Approved by the Governor,
May 24, 1851. J
107
840
1851.
-Chap. 333—334.
Chap 333.
One alderman
to be elected in
each ward.
This art to be
submitted to the
inhabitant;.
An Act in addition to the Act to establish the City of Newburyport.
- BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The act passed at the present session of the
General Court to establish the city of Newburyport, is
amended and altered so that the six aldermen of the said
city, provided for by the said act, shall be elected, one by
and from the qualified voters of each ward, voting in their
respective wards, in the manner prescribed for the election
of members of the common council.
Sect. 2. This act shall be submitted to the inhabitants
of the town of Newburyport, for their acceptance or rejec-
tion, at the same time and in the same manner with the
act to which it is in addition, and shall be in force from and
after its acceptance by the said inhabitants. [Approved by
the Governor, May 24, 1851.]
Chan 334. An Act authorizing the Construction of the Longmeadow Plank 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 :
Corporators. Sect. 1. Henry J. Crooks, Rial Strickland, Burgess Sal-
isbury, their associates and successors, are hereby created a
corporation, under the name of the Longmeadow Plank
Road, for the purpose of constructing a plank road from the
LocatioD. south line of the town of Longmeadow, near the Baptist
meeting-house, and from thence through the town of
Springfield to Chicopee River, at some point near the vil-
lage of Cabotville or Chicopee Falls, with authority also to
build a branch road from near the meeting-house in South
Wilbraham, to intersect the aforesaid road, southeasterly
of the Congregational church in Longmeadow.
Sect. 2. The said corporation may use, for the con-
May use any struction of the said road, the route of any highway or
highway. town way, without making compensation therefor : pro-
Proviso, vided, that the county commissioners of the county of Hamp-
den, and the selectmen of the several towns through which
the said road is contemplated to be constructed, shall consent
in writing thereto, a copy of which shall be iiled with the
clerk of the courts in the said county.
Sect. 3. The construction of the said road shall be
subject to the approval of the county commissioners afore-
said, and whenever the whole or any part of the said road
commissioners.'' shall have been completed, the said commissioners may
Toils. authorize the erection of gates and the taking of tolls.
Construction
subject to ap-
proval of county
1851. -Chap. 334—335. 841
Sect. 4. The by-laws of the said corporation, the rates By-laws, toils,
of toll to be taken upon the said road, and the places for approvsaJfrS" '°
the erection of toll gates, shall be subject to the approval of court <»f com*
the court of common pleas for the county aforesaid.
Sect. 5. The capital stock of the said corporation shall Capital stock,
J?2o 000
not exceed twenty-five thousand dollars, to be divided into '
shares of twenty-five dollars each, and no shares in the Shares not to be
said capital stock shall be issued for a less sum or amount, p3*"6 beow
to be actually paid in on each, than the par value of the
shares which shall be first issued.
Sect. 6. The said corporation are hereby chartered for Term, 25 years,
the term of twenty-five years from the passage of this act, su Jec
during which time they shall be subject to such restrictions
and liabilities as turnpike corporations are by law sub-
jected. [Approved by the Governor, May 24, 1851.]
An Act concerning the Midland Railroad Company. Chap 335.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The Midland Railroad Company are hereby Authorized to
authorized to construct their railroad in sections, of not a v^miie1 sec-
less than five miles each, commencing at the South Ded- tions.
ham termination of the said railroad : provided, however, Proviso.
that the said company shall not commence the construction
of any portion of the said road within ten miles of the
said South Dedham termination of such road, until an
amount of stock equal to fifteen thousand dollars, for each
and every mile so to be commenced, shall have been sub-
scribed by responsible parties, and twenty per cent, thereof
actually paid in to the treasurer of the said company : and Further pro-
provided, also, that the said company shall not commence VISC
the construction of their road between a point on the line
of the said road ten miles from said South Dedham termi-
nation, and the termination of the said road in Boston,
until the whole capital of the said road shall have been
subscribed by responsible parties, and twenty per cent,
thereof actually paid in to the treasurer of the said com-
pany.
Sect. 2. All acts or parts of acts inconsistent herewith Repeal of in-
are hereby repealed. [Approved by the Governor, May 24, vi'siou**" pr<>
1851.]
842 1851.— Chap. 336—337.
Chaj) 336. An Act to authorize the County Commissioners of Middlesex County to ex-
" ercise certain powers in Chelsea and North Chelsea, in Suffolk County,
RE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Certain powers Sect. 1. All the powers granted to the court of com-
ami the c'ot^ayS mon pleas in the county of Suffolk by the Revised Stat-
strnction ofa \_\ies, chapter twenty-fourth, section fifty-seventh and fifty-
sea, 'transferred eighth, respecting ways in the town of Chelsea ; and by
CTCof1MWd?n-' aa act Passed March eighth, eighteen hundred thirty-eight,
sex Coumy. to authorize the construction of a bridge over Green's
Creek, in said town of Chelsea, are hereby transferred to
the county commissioners of the county of Middlesex, and
the same powers are to extend to and be exercised over
North Chelsea, that being, at the time of the passage of the
aforesaid acts, a part of Chelsea.
Same as to Sect. 2. The county commissioners aforesaid are here-
t tsea' by further authorized to exercise all the powers and per-
form all the duties in the towns of Chelsea and North
Chelsea, in the county of Suffolk, that they are now au-
thorized to do in the several towns in the county of Mid-
dlesex in relation to highways.
Draws may be Sect. 3. The commissioners aforesaid are further au-
ordered. iliorized to cause the owners of any bridge or bridges over
Chelsea Creek to make a draw or draws of sufficient width
for the passage of vessels having occasion to pass the same :
provided, however, that nothing in this act shall be so con-
strued as to affect any suit or suits now pending in the
courts of this Commonwealth. [Approved by the Governor,
May 24, 1851.]
Chat) 337. ^n ^ct m re^ati°n to the Organization and Powers of the City Council
■» ' of the City of Boston.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
No street, lane Sect. 1. Whenever the mayor and aldermen of the
be*a'7ouht?n citv of Boston shall adjudge that the public safety and
altered or dis- convenience require that any street, lane or alley, in the said
mayoTand y cit y, shall be laid out, altered or discontinued, the order
aldermen, wiih- for such laying out, alteration or discontinuance, together
cut the concur- *
renceof com- with an estimate of the expense thereof, shall be sent to
mon council. tjle common council for their concurrence or rejection ; and
such order shall not take effect or be in force, until the
common council shall concur therein,
rsefors the erec- Sect. 2. No erection, alteration, or repair of any court-
&c!', of any °n' h°use> Jai'> house of correction, fire-proof office, or any
1851. Chap. 337—338. 843
other building for the purposes of the county of Suffolk, countybu'.id-
or city of Boston, shall be made by the mayor and aldermen mfu»ofex|!en3-
of the said city, except as herein provided, to wit: when- iiure shall he
i ill i n i ii ^li recorded, and if
ever the mayor and aldermen shall, by vote, declare that ovcr #5,000, be
such erection, alteration or repair is necessary or expedient, concurred in by
. iiii i i • c i common coun-
they shall make and record an estimate of the expense cil.
thereof, and if such estimate shall exceed the sum of five
thousand dollars, a copy of the said vote and estimate shall
be sent to the common council for their concurrence, re-
jection or amendment.
Sect. 3. The board of aldermen of the city of Boston Board of aider-
shall, commencing with the ensuing municipal year, con- j^ of one alder-
sist of twelve persons, one alderman and two assistant as- man and two
c ,. . l.ii ii assistant asses-
sessors from and in each ward, to be chosen severally in sors fmmeach
and by the leeal voters of the said ward, in the same form ward, chosen
n v lc°"eil voters
and manner, and at the same time, as now provided by thereof,
law for the election of members of the common council,
and all acts or parts of acts inconsistent herewith are re-
pealed.
Sect. 4. This act shall not go into effect unless it be This act must
approved by a majority of the legal voters of the city of p[0lVedoy ma-
Boston, voting thereon by yeas and nays, in their respec- jority of voters;
tive wards, at the annual election of state officers in No-
vember next ; and the mayor and aldermen of the said city an article there-
shall insert in the warrant, for the aforesaid election, an Serte°din vJar-
article submitting the aforesaid question to the decision of 'ant.
the said legal voters of the city of Boston. [Approved by
the Governor, May 24, 1851.]
An Act concerning the Wier Bridge in Taunton. Chap 338.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by (fie authority of
the same, as follows :
Sect. 1. Within three months after the passage of this Town of Taim-
act, the town of Taunton shall be and is hereby required ^^g**
to alter, enlarge and reconstruct the bridge over Taunton Wier bridge.
River, at the Wier Village in said Taunton, in such man-
ner as shall afford not less than twenty-five feet space be- To what size,
tween the piers by the eastern channel, and not less than
the same space by the middle channel, and which shall
give not less than two and a half feet additional space
between the bridge and water over the eastern channel,
and not less than two feet additional space over the middle
channel, more than is provided by the present bridge for
the passage of vessels and merchandise ; and all damage oc-
casioned by such alteration, enlargement or reconstruction,
shall be paid and allowed by the order of the county com-
844
1851.
-Chap. 338—340.
misioners of the county of Bristol, out of the county treas-
ury, in the manner provided by law in case of the altera-
Expensestobe tion or discontinuance of highways; and the expenses of
couinydcommis- sa'd alteration, enlargement and reconstruction shall be
sioners, and paid by the said town of Taunton, or from the county
treasury, in whole or in part, as the county commissioners,
exercising their discretion pursuant to the provisions of the
forty-sixth section of the twenty-fourth chapter of the Re-
vised Statutes, shall direct.
Sect. 2. This act shall take effect from and after its
passage. [Approved by the Governor, May 24, 1851.]
paid by llieir
direction.
When to lake
effect.
Forfeiture,
#500 for neg
lect.
Tenth section
of former act
repealed.
When to take
effect.
Chap 339. An Act *n addition to "An Act concerning Banks and Banking."
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Any bank neglecting to comply with the pro-
visions of an act concerning banks and banking, passed on
the twenty-fifth day of April, in the year one thousand
eight hundred and thirty-eight, shall forfeit to the use of
the Commonwealth, for each and every offence, a sum not
exceeding five hundred dollars.
Sect. 2. The tenth section of the act above named, to
which this act is in addition, is hereby repealed.
Sect. 3. This act shall take effect on and after the first
day of October next. [Approved by the Governor, May
24, 1851.]
Chap 340. An Act to exempt from Levy on Execution the Homestead of a House-
holder having a Family.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. In addition to the property now exempted by
law from sale or levy on execution, there shall be exempted
the lot and buildings thereon, occupied as a residence and
owned by the debtor, or any such buildings owned by the
debtor on land not his own, but of which he shall be in
the rightful possession, by lease or otherwise, he being a
householder, and having a family, to the value of five hun-
dred dollars. And no release or waiver of such exemption
shall be valid in law, unless by deed for good consideration,
acknowledged and recorded as in the case of conveyances
of real estate.
Such exemption Sect. 2. Such exemption shall continue after the death
L0fter%Cea,tlnnofd of such householder, for the benefit of the widow and
the householder, family of the deceased party, some one of them continuing
to his widow and
family, uutil
Homestead, to
the value of
$500, reserved
to the debtor
having a familv
— exempted
from attach-
ment.
1851. Chap. 340. 845
to occupy such homestead, until the youngest child be- youngest child
come twenty-one years of age, and until the death of the Jwdc^ifif and
Widow. widow.
Sect. 3. To entitle any property to such exemption, it intention to
shall be set forth in the deed of purchase that it is designed !,old lhe texfmP-
«" o tion must, to be
to be held as a homestead under this act; or, if already valid, beset
purchased, the said design shall be declared by writing, J^hlijifrf
duly sealed and acknowledged, and recorded in the registry recorded.
of deeds of the county wherein the land lies.
Sect. 4. No property shall, by virtue of this act, be in what cases
exempted from levy for taxes, or for a debt contracted for SSiS™58y.
the purchase thereof, or for any debt contracted before such
deed or writing as aforesaid shall have been recorded ac-
cording to law, nor shall buildings on land not owned by the
debtor be exempted from levy for the ground rent of the
lot of land whereon such buildings are situated.
Sect. 5. Such exemption shall not be deemed to defeat
or otherwise affect any mortgage or other incumbrance or
lien existing by virtue of any deed, attachment, policy of
insurance, or otherwise.
Sect. 6. No conveyance by the husband, of any prop- Conveyance bv
erty exempted as aforesaid, shall be valid in law, unless the id agatoslwife,
wife join in the deed of conveyance. unless she join.
Sect. 7. If any judgment creditor shall require an exe- When judgment
cution to be levied on property claimed by the debtor to be ^JlSo^uTS
exempted from levy under this act, and the officer holding levied on such
such execution shall be of opinion that the premises are of officer estates
greater value than five hundred dollars, then appraisers shall it higher than
vT . " " j . ." "" "V „u $500, appraisers
be appointed to appraise the premises in the same manner t0 be appointed.
as is provided by law for the levy of executions on real es-
tate. And if in their judgment the premises be of greater Proceedings in
value than five hundred dollars, and can be divided without suc
injury to the parties, the said appraisers shall set off to the
judgment debtor so much of the said premises, including
the dwelling house, as shall appear to them to be of the
value of five hundred dollars, and the residue of the prop-
erty shall be dealt with as other real estate not exempted
by law from levy on execution ; but if, in the judgment of When home-
V . i-i » / i_ ■ .i stead cannot be
the appraisers, the said property cannot be conveniently so div.ded—
divided, they shall make and deliver to the said officer their proceedings in
appraisal of the value of the said premises, and the said sucncase-
sheriff, or his deputy, shall deliver a copy thereof to the
judgment debtor, or other lawful occupant of said home-
stead. And it shall be the right of such judgment debtor,
or other lawful occupant of the said premises, to pay on
such execution the excess of the value of the said premises
above the sum of five hundred dollars, and to continue to
846- 1851. Chap. 340—341.
hold the said homestead as provided by this act; but in
case the judgment debtor shall not make such payment
within sixty days, then the judgment creditor may require
the premises to be sold by such sheriff or his deputy, at
public sale, after duly advertising the same, and out of the
proceeds of said sale to pay to the debtor the sum of five
hundred dollars, to be exempted from liability for his debts
for one year thereafter, and to apply the balance to such
If more than execution : provided, that unless a greater sum than five
be°bidhestaTel hundred dollars shall be bid for the said premises, they shall
shall nm be sold, not be sold, and the execution may be returned unsatisfied,
for want of property to satisfy the same. [Approved by the
Governor, May 24, 1851.]
Chap 341. An Act to authorize the Essex Railroad Company to issue Bonds.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Authorized to Sect. 1. The Essex Railroad Company are hereby au-
borrow #350,- thorized to borrow money, to an amount not exceeding
000 and issue J °
bonds, and three hundred and fifty thousand dollars, and to issue bonds
therefor, in sums of not less than one hundred dollars each,
payable in ten years, with interest semi-annually, and, for
mortgage their the purpose of securing the payment thereof, to mortgage
road,equip- their road, equipment and franchise, and any of their prop-
mem, &c. to 5 m r i j it
three trustees, as erty, real or personal; to three trustees, such as the bond-
secunty. holders shall, by a majority in interest, elect, at a meeting
of such bond-holders called for such purpose.
Mortgagenot Sect. 2. No such mortgage shall be valid, until bonds
ooolhail fa ve" to tne amount of eighty thousand dollars shall have been
been disposed disposed of, nor until every creditor of said company shall
o^nor an i , nave had opportunity to take bonds, equal in amount to the
company's indebtedness to him. in payment of his debt ;
such opportunity to be given by a public notice in two of
the newspapers of the city of Salem, inviting such creditors
to take such bonds for said purpose.
No bond to be Sect. 3. No bond shall be disposed of for less than its
sold at less than nominal value ; and any bond-holder mav, at any time be-
nommal value. ' J .'"*'.'
l&udhoiders fore the same are payable, convert his bonds into shares in
«mvertBboiidg,e tne capital stock °f tne said company, at par.
into shares. Sect. 4. This act shall not be construed to impair, or
This act not to legalize, or in any manner affect, any mortgage which may
vTouTmo'ngage'. at any tune heretofore have been made by the said com-
pany.
Howthetrus- Sect. 5. It shall be the duty of the trustees aforesaid
prtate'the^on0-' to appropriate the money that shall be received from the
ey- bonds hereby authorized to be issued, first, to the payment
1851. Chap. 341—312. 847
of all claims for land damages against said company,
whether reduced to a judgment or not ; second, to the pay-
ment of the expenses incurred in the construction of the
second track between Danvers and Salem, and the depot
buildings now being erected in Salem ; third, to the pay-
ment of the mortgages now existing upon said road, in the
order of the priority of their dates ; and then to the pay-
ment of all other debts of said corporation, till they shall
all be paid : provided, however, that if any creditor, holding Proviso,
evidence of debt not yet matured, shall refuse to receive
payment therefor when it shall be tendered, the trustees in
such case shall reserve in their hands an amount of bonds
equal to such indebtment, and shall then be exempted from
the restrictions of this section. [Approved by the Gover-
nor, May 24, 1851.]
An Act to appoint a Board of Commissioners in relation to Alien Passen- Chap 342.
gers and State Paupers.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. The governor and council shall, upon the pas- Who shall con-
sage of this act, and hereafter in the month of January, ^tut| lhe
annually, appoint a member of the council, who, with the
auditor of accounts of the Commonwealth, and the super-
intendent of alien passengers for the city of Boston, shall
constitute a board of commissioners to superintend the ex- Its duties,
ecution of such laws as are now in force, or may hereafter
be enacted, in relation to the introduction of aliens into
this Commonwealth, and the support of state paupers
therein.
Sect. 2. The commissioners shall have authority to Commissioners
appoint one or more persons, whose duty it shall be to visit, mayaPPoint
r\ . t 11 , i i • one or more per-
at least once in every year, all the almshouses or places in sons to visit all
the Commonwealth where state paupers are supported, and anTrep^Ti*0'
ascertain, from actual examination and inquiry, whether the fractions of the
laws in respect to such paupers are properly regarded, par-
ticularly in relation to such as are able to labor, or are but
partially supported by the respective cities and towns ; and,
in case any infractions of the laws are discovered, make
immediate report thereof to the commissioners, who shall
examine and decide upon all such cases, and thereupon no-
tify the auditor of accounts. The commissioners shall also
give such directions as will insure correctness in the returns
now required to be made in relation to paupers, and may
use such means as are necessary to collect all desired in-
formation in relation to their support.
108
848
1851.-
-Chap. U2.
Ma}' also ap-
point persons to
ascertain the
names, &c. of
all foreigners ar-
riving in any
city by land.
Officers of rail-
roads required
to furnish in-
formation, &c.
Penalty for re-
fusal.
Ch. 105, stat. of
1850, modified.
Aliens may be-
come chargea-
ble to railroad
corporations
and other par-
ties bringing
them into the
Commonwealth,
Proviso.
Commissioners
shall report an-
nually.
Sect. 3. The said commissioners shall appoint one or
more persons, to he approved by the governor and council,
whose duty it shall be to ascertain the names of all foreign-
ers who are landed in any city or town within this State,
otherwise than by water, and also procure all such further
information in relation to the age, &c, of said foreigners as
is practicable, in order to identify them in case they should
hereafter become a public charge. And all officers and
agents of railroad corporations, and proprietors or agents of
other means of conveyance, are hereby required to furnish
the agents of the Commonwealth, when so required, with
the information above named, so far as in their power, by
filling up blanks to be furnished them for that purpose.
Any neglect or refusal to furnish such information, when
requested, shall be punishable by a fine of not less than
twenty dollars for each person in relation to whom the re-
fusal is made, to be collected by the commissioners, for the
use of the Commonwealth, of the corporation, proprietors, or
agents aforesaid.
Sect. 4. The one hundred fifth chapter of the statutes
of the year one thousand eight hundred and fifty, being
" an act relating to alien passengers," is hereby so far mod-
ified or amended as to except from its provisions, lines of
communication established for the regular transportation of
passengers by water, and not extending beyond or stopping
at places without the limits of the United States ; and such
lines shall be subject to the provisions and liabilities of this
act, in manner and form as provided for railroad corpora-
tions, and proprietors of other means of conveyance, in the
preceding section.
Sect. 5. Any aliens or other persons who shall be
brought into this Commonwealth as above specified, shall,
if they fall sick, or from any cause become a public charge
within one year after coming into the Commonwealth, be
supported, so long as necessary, at the expense of said cor-
poration or party by whose means they were brought into
the Commonwealth, in the same manner as is now provided
in regard to alien passengers by water : provided, however,
that the party liable for support shall be notified of his lia-
bility, in any particular case, as soon as practicable, in order
that he may, if so disposed, provide for other means of
support' or removal.
Sect. 6. The commissioners shall annually, in the
month of January, make a report of their doings to the
governor and council, to be laid by the governor before the
Legislature, and shall therein make such suggestions, in
relation to the present or other plans for the support of pau-
pers, as may occur to them.
1851. Chap. 342—343. 849
Sect. 7. The commissioners shall have such compensa- Compensation
tion for their services as may be deemed reasonable by the governor In?
governor and council, and the agents appointed by them, council,
such salary as may be fixed by the commissioners, not ex-
ceeding three dollars for each day employed, together with
their necessary expenses for board and travel ; the same to
be paid quarterly, as other public salaries
Sect. S. All acts inconsistent with the provisions of inconsistent
this act arc hereby repealed. acts repealed-
Sfxt. 9. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 24, 1851.] eflfect-
An Act to secure to Mechanics and Laborers their Payment for Labor, Chap 343.
by a Lien on Real Estate.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Any person who shall actually perform labor Any person ac-
in erecting, altering or repairing any building, by virtue of J^ jabtf/, shall
any contract with the owner thereof, or other person who have a lien on
has contracted with such owner for erecting, altering or re- land"'
pairing such building, or for the purchase of the land for
the purpose of erecting and building thereon, shall have a
lien to secure the payment of the wages due or owing him
for such labor, by him personally so performed upon such
building, and the lot of land on which the same stands,
and upon the right of redeeming the same when under
mortgage.
Sect. 2. Such lien shall be dissolved unless the person Said lien is lost,
who may avail himself of the benefit of this act shall, antThWwUhw
within sixty days after such labor is performed as aforesaid, go days, file in
file, in the office of the registry of deeds for the county deeds^true^c-
where the land lies, a certificate, containing a just and true count of the bal-
. &ncc tine him,
account of the demand justly due to him after all just cred-
its given, which is to be a lien upon such land and build-
ings, and a true description of the property, or so near as to
identify the property, to which the lien is intended to ap-
ply, with the name of the owner or contractor, or both, if
known, which shall in all cases be subscribed and sworn to
by himself, or some credible person in his behalf, which
certificate shall be recorded by the register of deeds, who
shall be entitled to the same fees as for recording deeds of
equal length.
Sect. 3. Unless a suit for enforcing the lien shall have Said lien shall
been commenced within seventy days after the time when )ees!. jjjf-J shaiiTe
such labor is performed, such lien shall be dissolved. commenced
1 ' within lO days
after labor per*
formed.
850
1851.-
-Chap. 343—345.
How lien may Sect. 4. Such lien may be enforced by petition to the
court of common pleas for the county where the land lies,
in the manner provided by the fifth and subsequent sections
of the one hundred and seventeenth chapter of the Revised
Statutes.
Sect. 5. When any debt secured by such lien shall be
fully paid, the creditor shall, at the expense of the debtor,
be discharged in enter on the margin of the registry, where the said certificate
is recorded, a discharge of his said lien, or shall execute a
deed of release thereof, in like manner as is provided in re-
lation to the release of mortgages after the payment thereof.
[Approved by the Governor, May 24, 1851.]
When debt, se-
cured by lien,
shall be paid, to
Chap 344.
Corporators.
Purpose, &c.
Capital. #G0,
000.
Stock issued
only at par.
An Act to incorporate the New England Ice Company.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Marcus A. Metcalf, Otis H. Weed, John Sher-
burne, their associates and successors, are hereby made a
corporation, by the name of the New England Ice Com-
pany, in Boston, for the purpose of cutting, storing, trans-
porting and vending ice, and for this purpose they shall
have all the powers and privileges, and be subject to all the
duties, liabilities and restrictions, set forth in the thirty-
eighth and forty-fourth chapters of the Revised Statutes.
Sect. 2. The capital stock of the said corporation shall
not exceed sixty thousand dollars, and the same may be
invested and held in such real and personal estate as shall
be necessary and convenient for carrying on the business
of the said corporation ; and no shares in the capital stock
of the said company shall be issued for a less sum or
amount, to be actually paid in on each, than the par value
of the shares which shall be first issued. [Approved by the
Governor, May, 24, 1851.]
Chap
345. An Act authorizing the County Commissioners of the County of Essex to
locate a way over Parker 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 :
Way and Sect. 1. The county commissioners of the county of
bridge provided Essex are hereby authorized and empowered to locate a
for in Newbury. , i • i r» i -r» • ^
way and construct a bridge over Parker River, in the town
of Newbury, in the said county, at or near where Parker
River bridge, so called, lately stood ; the expense of the
said location and construction to be assessed upon such par-
ties as they may have a right to direct to pay the same.
1851. Chap. 345—347. 851
Sect. 2. The Commonwealth hereby relinquishes all TheCommon-
the right surrendered or to be surrendered to it by the terscertain"*
stockholders of the said Parker River Bridge Corporation rights to ihe
in the property in the said bridge, to the county of Essex, sex"ty°
for the purpose of enabling the county commissioners afore-
said to repair or reconstruct the said bridge at a less ex-
pense than they otherwise could do.
Sect. 3. The inhabitants of the town of Newbury
shall, if the said bridge be repaired or reconstructed by or-
der of the said county commissioners, be authorized to col- Toils author-
lect and receive the same tolls thereon as were granted by
law to the proprietors of Parker River Bridge before its
surrender to the Commonwealth by said corporation, for
the term of ten years from the time said bridge shall be
rebuilt as aforesaid. [Approved by the Governor, May 24,
1851.]
An Act relating to the Punishment for Offences mentioned in the one Chan 346
hundred and forty-third chapter of the Revised Statutes. ■*
BE it enacted by the Seriate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever any person shall be convicted, by
a justice of the peace or a police court, of any offence men-
tioned in the one hundred and forty-third chapter of the
Revised Statutes, which may be punished by imprisonment, Convicts in cer-
or by fine and imprisonment, as is provided in " an act re- becommftied^o
lating to police courts," approved April thirteenth, in the house of indus-
year one thousand eight hundred and thirty-seven, he may, bouseSofcorrec-
instead of the imprisonment therein mentioned, at the dis- tlon-
cretion of the court, be committed to the house of indus-
try for the like period, and upon the same conditions, as by
the provisions of the said act he might be committed to the
house of correction, to be there kept according to law, and
to the rules and orders thereof.
Sect. 2. This act shall take effect from and after its When to take
passage. [Approved by the Governor, May 24, 185 1.] e-ect-
An Act to incorporate the Trustees of the Atkinson School Fund. Chan 347.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Josiah Little, Andrew W. Miltimore, and Da- Corporators,
vid Brown, and their successors, are hereby made a corpora-
tion, by the name of the Trustees of the Atkinson School
Fund, to be established in the city of Newburyport, with
all the powers and privileges, and subject to all the restric- Powers, liabili-
852
1851.
-Chap. 347—348.
ties, &c, R. S.
ch. 44.
May hold es-
states not ex-
ceeding #1000
income for edu-
cational pur-
poses in a cer-
tain part of
Newburyport.
Treasurer shall
give bond.
Mayor and al-
dermen of New-
buryport shall
be visitors, and
have power to
remove trustees,
&.C.
When to take
effect.
tions and limitations, set forth in the forty-fourth chapter
of the Revised Statutes, with the liberty of holding and
managing real and personal estate, the net income of which
shall not exceed one thousand dollars, to be applied exclu-
sively to the purpose of education, in conformity with the
provisions of the will of Moses Atkinson, late of Newbury,
deceased, and in that part of the said city of Newburyport
which was heretofore the second school district in said
Newbury.
Sect. 2. The treasurer of said trustees shall give bond
to their satisfaction, for the security of all moneys, papers,
and funds belonging to said trust, which may come to his
hands, and for the faithful discharge of all the duties of his
office.
Sect. 3. The mayor and aldermen of the city of New-
buryport shall be the visitors of said fund, and see to the
rightful application of it, according to the provisions of this
act ; and they shall have the power of removing any of
said trustees, for good cause, and vacancies occurring there-
in may be filled by the surviving members, subject to the
approval or rejection of said mayor and aldermen.
Sect. 4. This act shall take effect from and after its
passage. [Approved by the Governor, May 24, 1851.]
ChapUS.
Corporations
refusing to ap-
pear, may be
defaulted.
Judgment ren-
dered.
Warrants of
distress may be
issued.
When to take
effect,
An Act concerning the indictment of Corporations.
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, as follows :
Sect. 1. Whenever any corporation, which has been
indicted under the statutes of this Commonwealth, shall
fail to appear after being duly served with process, its de-
fault shall be recorded, and the charges in the indictment
shall be taken to be true, and judgment shall be rendered
accordingly.
Sect. 2. Whenever judgment shall be rendered on de-
fault as aforesaid, the court having jurisdiction of the case
may issue a warrant of distress to compel the payment of
the penalty prescribed by law, together with all costs, and
lawful interest.
Sect. 3. This act shall take effect from and after its
passage. [Approved by the Governor, May 24, 1851.]
1851. Chap. 349. 853
An Act in addition to the several Acts for the Relief of Insolvent Debt- Chttt) 349.
ors, and the more equal Distribution of their Effects. "
BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authoritij of
the same, as follows :
Sect. 1. Whenever any creditor of any insolvent debt- When creditor
or resides in any foreign country, and the debt claimed by efmcouBtry"
him is founded on any contract made by the debtor with agemhere may
the consignee or agent of such creditor, residing within ™*lhe c aim an
the United States, the oath required by law to the validity
of the claim may be made by such consignee or agent, in-
stead of the principal creditor.
Sect. 2. Whenever any assignee or assignees of any An assignee,
insolvent estate shall remove from this Commonwealth, and Inonwfahh^nd
shall unreasonably refuse or neglect to obey any lawful or- unreasonably
der of the commissioner for the calling of the meetings of CofuXnUybe"
the creditors, or the settlement of his accounts, or shall dismissed and
otherwise unreasonably refuse or neglect to discharge his commissioner,
duties as such assignee, the commissioner may, at his dis- who may ap-
,, , . . , point a new aa-
cretion, remove all or any such assignee or assignees, and signee.
may appoint one or more assignee or assignees in his or
their place, and all the estate of the debtor, not before law-
fully disposed of, shall be forthwith as effectually and le-
gally vested in such new assignee or assignees, as if the
original assignment had been made to him or them ; and
the former assignee or assignees shall, on request, at the ex-
pense of the estate, make and execute to the new assignee
or assignees, all such deeds, conveyances and assurances,
and do all such other acts and things, as may be necessary
and proper to enable the new assignee or assignees to de-
mand, recover and receive all the said estate.
Sect. 3. So much of the fifth section of the three Part of sec. 5,
hundred and fourth chapter of the statutes of eighteen nun- ^s30J'1O5*11
dred and forty-eight as requires the several commissioners certain cases',
of insolvency, if the fees received by them respectively, in inoPeratlve-
each year, shall exceed the sum of fifteen hundred dollars,
to account for and pay the excess into the treasury of the
Commonwealth, be and the same is hereby repealed.
Sect. 4. So much of the acts to which this is in addi-
tion, as is inconsistent herewith, is hereby repealed. [Ap-
proved by the Governor, May 24, 1851.]
RESOLVES
PASSED BY THE
£*0t0lattire of Massaclimttts.
Resolves providing for the Distribution of the Report of the Sanitary Chcip. 1 .
Commission.
Resolved, That the report of the sanitary commission be To whom dis-
distributed as follows : five copies each to the secretary of tnbuted-
the Commonwealth, the clerk of the senate, the clerk of
the house of representatives, and the state library, for the
use of their offices respectively ; one copy each to the
governor, the lieutenant governor, each member of the ex-
ecutive council, each member of the senate and house of
representatives for the current year ; to the governor, lieu-
tenant governor, and each member of the executive coun-
cil for the year one thousand eight hundred and fifty ; to
the clerk or registrar of each city and town in the Com-
monwealth for the use of the town or city ; to each col-
lege and normal school, to each academy, atheneum,
mechanics institute, public library, and public charitable
institution in the Commonwealth, which is incorporated and
now in active operation ; to each medical school or college
in this Commonwealth ; to each member of Congress from
this State ; to the president of the United States, each
member of his cabinet, and the secretary of the census
board ; to the surgeon general of the United States, the
library of Congress, the state librarians of the several states,
the boards of health of the principal cities in the United
States ; one hundred copies to the editors of different news-
papers and periodicals in this Commonwealth, and one
hundred and fifty copies to the sanitary commission.
Resolved, That the said distribution be made under the Shall be made
joint direction of the secretary of the Commonwealth, the t/ry, librarian
109
856
1851.
-Chap. 1—4.
and chairman of state librarian, and the chairman of the sanitary commis-
sion, in such form and binding as they may deem proper,
and that two hundred and fifty copies be placed in their
hands, to be distributed at their discretion, so as best to
promote the objects of said commission.
Resolved, That the remainder of said copies, if any,
shall be kept by the state librarian, for the future disposi-
tion of the Legislature. [App-oved by the Governor, Feb-
ruary 1, 1851.]
sanitary com-
mission.
Remainder left
with librarian.
Chap. 2. Resolve to pay the late Acting Clerk of the House of Representatives.
Resolved, That there be allowed and paid, out of the
#30 allowed, treasury of the Commonwealth, to Charles W. Storey, the
sum of thirty dollars in full, for his services as acting clerk
of the house of representatives during the organization
thereof at the commencement of the present session, and
that a warrant be drawn accordingly. [Approved by the
Governor, February 8, 1851.]
Chap. 3. Resolve authorizing the Treasurer to borrow Money in anticipation of
the Revenue.
May borrow Resolved, That the treasurer of this Commonwealth be
such sums, &c. and he hereby is authorized to borrow, in anticipation of
the receipts of the present year, of any of the banks of
this Commonwealth, or of any corporation therein, or of
any individual or individuals, such sum or sums of money
as may, from time to time, be necessary for the payment of
the ordinary demands on the treasury, at any time before
the expiration of fifteen days after the meeting of the next
May repay, &c. General Court, and that he repay any sum he may borrow,
as soon as money sufficient for the purpose, and not other-
Proviso. wise appropriated, shall be received into the treasury ; pro-
vided, however, that the whole amount borrowed by au-
thority hereof and remaining unpaid, shall not at any time
exceed the sum of two hundred thousand dollars. [Ap-
proved by the Governor, February 10, 1851.]
Chap. 4.
%1 per day to
each member
of the senate
and house, and
g2 for every
ten miles' travel
Same to mem-
bers of the
council.
Resolve for the Pay of the Council, Senate and House of Representa-
tives.
Resolved, That there be paid, out of the treasury of this
Commonwealth, to each member of the senate and house
of representatives, two dollars for each and every day's
attendance during the present political year, and two dol-
lars for every ten miles' travel from their respective places
of abode, once in each session, to the place of the sitting
of the General Court ; and also to each member of the
council, two dollars for each and every day's attendance
1851. Chap. 4— S. 857
at that board, at every session thereof during the present
political year, and two dollars for every ten miles' travel
from their respective places of abode, once in each session
thereof; and to the president of the senate and the speaker President of
of the house of representatives, each two dollars a day for Spelkerof
every day's attendance in addition to their pay as mem- k°use $2.Per,
i -i , it j- i \li j day additional.
bers, and that warrants be drawn accordingly on the orders
of the respective branches. [Approved by the Governor,
February 12, 185 1.]
Resolve on the Petition of the Gloucester Mutual Fishing Insurance Chap. 5.
Company.
Resolved, for reasons set forth in the said petition, that Penalty re-
the penalty incurred by the Gloucester Mutual Fishing In- mitted-
' surance Company, by a delay, in December last, for four
days, in making their return to the secretary of the Com-
monwealth, be and the same is hereby remitted. [Ap-
proved by the Governor, February 26, 1851.]
Resolve in aid of a Monument to Captain Isaac Davis. Chap. 6.
Resolved, That the sum of two thousand dollars be and
the same is hereby appropriated for a monument of marble 52000 granted,
or granite to Captain Isaac Davis, to be erected in the town
of Acton, under the direction of his excellency the gov-
ernor, in connection with a committee of the said town,
and the governor is hereby authorized to draw his warrant Warrant au-
accordingly : provided, that the citizens of the said town Provtio.
of Acton shall raise the sum of five hundred dollars for the
same purpose. [Approved by the Governor, February 26,
1851.]
Resolve in favor of the Guardian and Overseers of the Chappequiddic Chap. 7.
Indians and People of Color in Dukes County.
Resolved, That one hundred and thirty-two dollars be §132 granted.
paid, out of the treasury of this Commonwealth, to Leavitt
Thaxter, guardian, for the use of himself and the overseers
of the said Indians and people of color, in full for expenses
by them incurred, in dividing lands among the said Indians
and people of color, according to the provisions of the spe- Warrant au-
cial act passed on the tenth day of March, in the year one thorized-
thousand eight hundred and twenty-eight, and that a war-
rant be drawn for the same. [Approved by the Governor,
February 28, 1851.]
Resolve in favor of Thomas Stanwood. Chap. 8.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Thomas Stanwood, of
858
1851.
-Chap. 8—11.
#50 per annum Newburyport, in the county of Essex, the sum of fifty
granted during dollars, annually, during his natural life, commencing on
the first day of January, in the year one thousand eight
For revolution- hundred and fifty-one, for services rendered in the war of
WarramsTu- the revolution, and that warrants be drawn therefor accord-
thorized. ingly. [Approved by the Governor, February 28, 1851.]
Chap. 9.
#50 paid to
each member
every month.
Proviso.
Clerks, messen-
gers, &c, a pro-
portionate sum.
Governor may
draw warrant
for #50,000.
Resolve for the Pay of the Legislature and its officers monthly.
Resolved, That there be paid, out of the treasury of the
Commonwealth, to each member of the Legislature, at the
end of every month during its session, the sum of fifty
dollars : provided, it shall appear, by the certificate of the
clerk of either house, that the pay of the member for the
month, as by the resolve passed on the twelfth day of
February, in the year one thousand eight hundred and
fifty-one, chapter four, amounts to that sum, not including
travel. Also, that there be paid to the clerks, messengers,
doorkeepers and pages of the two houses, a proportionate
sum upon producing the proper certificate. And his excel-
lency the governor is hereby authorized to draw his war-
rant on the treasurer for the sum of fifty thousand dollars
for the purpose above specified. [Approved by the Gov-
ernor, February 28, 1851.]
Chap. 10.
Secretary au-
thorized to ob-
tain muster
rolls, &c.
Warrant au-
thorized not ex-
ceeding
Proviso.
Resolve concerning certain Military Documents.
Resolved, That the secretary of the Commonwealth be
authorized and directed to obtain, from the proper depart-
ment of the government of the United States, the muster
rolls and other documents and vouchers relating to the
service of the Massachusetts militia, in the last war with
Great Britain, or copies of the same, to be furnished by the
United States, and his excellency the governor is author-
ized to draw his warrant on the treasury for such sum as
may be necessary for the purpose aforesaid : provided, the
same shall not exceed two hundred dollars. [Approved by
the Governor, February 28, 1851.]
Chap. 11.
#102.70.
For expenses,
&c.
Resolve in favor of Augustus C. Frissell, of Peru.
Resolved, That one hundred and two dollars and seventy
cents be paid, out of the treasury of this Commonwealth,
to Augustus C. Frissell, of Peru, in full for the expenses of
his sickness, while a member of this house in the year one
thousand eight hundred and fifty, and that a warrant be
drawn therefor. [Approved by the Governor, March 10,
1851.1
1851. Chap. 12—14. 859
Resolve on the Petition of William B. Bannister and Sarah W. Hale. Qhan. \ 2.
Resolved, for reasons set forth in the said petition, that
so much of the resolve passed on the sixth day of May, in
the year one thousand eight hundred and forty-eight, re-
lating to the sale of certain real estate therein referred to
by the said Sarah W. Hale, be so far modified as to permit
the sureties in any bond required to be given by the said
Sarah W. Hale, or the said William B. Bannister, under the
provisions of the said resolve, to become sureties in any
new bond required of them : provided, always, that the
said sureties, in any such new bond, be taken and consid-
ered, by the judge of probate for the county of Essex, to
be good and sufficient for the purposes contemplated in the
said resolve ; and so much of the resolve of May sixth, in
the year one thousand eight hundred and forty-eight, being
chapter fifty-five of the resolves of that year, as is incon-
sistent with this resolve, is hereby annulled. [Approved by
the Governor, March 10, 1851.]
Resolve on the Petition of Ward Poole and others. Chap. 13.
Resolved, for reasons set forth in the said petition, that
Lewis Allen, trustee under the last will and testament of Trustee em-
Ward Poole, deceased, late of Danvers, in the county of ^co^vey86"
Essex, is hereby empowered to sell, at public or private real estate;
sale, such portions of the real estate left in trust by the said
will, the same being situated in said Danvers, in Salem, in
said county of Essex, and in Worcester, in the county of
Worcester, as the said trustee shall deem best for the inter-
ests of those concerned, and to convey the same by deed
duly executed and acknowledged ; and the said trustee
shall hold and invest the proceeds of such sale, for the and invest pro-
purposes of the trust created in the said will, in such man- c<
ner as shall be approved by the judge of probate for the
said county of Essex : provided, that the said trustee shall Proviso.
first give bond, with sufficient surety or sureties, to the said
judge of probate, for the faithful execution of the power
hereby conferred ; and the said proceeds shall be considered
as real estate, and the same, and the income thereof, shall
be held and disposed of among the same persons, and in
the same proportions, as the real estate would have been, if
it had not been sold. [Approved by the Governor, March
10, 1851.]
Resolve on the Petition of Abraham Wilcox. Chap. 14.
Resolved, for reasons set forth in said petition, that there
be paid, out of the treasury of the Commonwealth, to #58.76 granted
*■ ' j (of expenses in*
Abraham Wilcox, the sum of fifty-eight dollars and seventy- curreJ.
860 1851. Chap. 14—18.
six cents, for expenses incurred in the detection of Thomas
Loyd, and the discovery of stolen property, and that a war-
rant be drawn therefor accordingly. [Approved by the
Governor, March 10, 1851.]
Chan 1 5 Resolve granting Taxes for the several Counties.
Resolved, That the sums placed against the names of the
several counties, in the following schedule, are hereby
granted as a tax for each county, respectively, to be as-
sessed, paid, collected and applied according to law, name-
ly: county of Essex, fifty-five thousand two hundred dol-
lars ; county of Middlesex, eighty-three thousand two
hundred and sixty-four dollars; county of Worcester, fifty
thousand dollars ; county of Hampshire, fourteen thousand
dollars ; county of Hampden, twenty-nine thousand dol-
lars; county of Franklin, ten thousand dollars; county of
Berkshire, eighteen thousand dollars; county of Norfolk,
forty thousand dollars; county of Plymouth, sixteen thou-
sand dollars; county of Bristol, thirty thousand dollars;
county of Barnstable, seven thousand five hundred dollars ;
county of Duke's County, two thousand five hundred dol-
lars. [Approved by the Governor, March 13, 1851.]
Chap. 16. Resolve in favor of William H. Luce.
Resolved, That there be paid, out of the treasury of this
gi6.37 formed- Commonwealth, to William H. Luce, of Tisbury, the sum
onLnSaii'.'6 of sixteen dollars and thirty-seven cents, in full for medical
attendance upon Recall De Grass, a Christian town Indian,
and that a warrant be drawn therefor accordingly. [Ap-
proved by the Governor, March 22, 1851.]
Chap. 1 7. Resolve in favor of Knowles Butler.
Resolved, That there be paid, out of the treasury of the
#40. Commonwealth, to Knowles Butler, of Falmouth, in the
county of Barnstable, the sum of forty dollars, being the
For services as amount due him for services at the last session of the Legis-
Ee" Leg'S" lature I a»d tnat a warrant be drawn accordingly. [Ap-
proved by the Governor, March 22, 1851.]
Chap. 18. Resolve on the Petition of Francis Tuttle.
Resolved, That a reward of ten thousand dollars be of-
#10,000 offered fered to any person, within this Commonwealth, who shall
therpotatoyrot.r satisfy the governor and council that, by a test of at least
five successive years, he has discovered a sure and practical
remedy for the potato rot, and that a warrant be drawn
therefor accordingly. [Approved by the Governor, March
22, 1851.]
1851. Chap. 19—22. 861
Resolve on the Petition of the Selectmen of the Town of West Newbury. Chap. 19.
Resolved, for reasons set forth in the said petition, that
there be reserved, out of the present year's income of the share of the in-
school fund, for the benefit of the town of West Newbury, a sd™oi°funde
sum equal to what that town would have received from the granted for last
income of the same for the last year, if the return of the year'
school committee of the said town had been allowed ; and
that the same, so reserved, be added to the share, if any, to
which the said town of West Newbury may be entitled,
in the present year's income of the said fund. [Approved
by the Governor, March 22, 1851.]
Resolve for defraying the Expenses of receiving and forwarding Articles Chat) Of)
for the Industrial Exhibition, in London. ±
Resolved, That a sum not exceeding eight hundred dol- #800 granted
lars, be and the same is hereby appropriated, under the di-
rection of the committee on public expenditures, for the for expenses
purpose of defraying the expenses incurred by the state connected with
committee, appointed to receive and forward such articles hibition.
as may be contributed by citizens of this State, for the pur-
pose of exhibition in the fair to be held in London, the
present year ; and that the governor be authorized to draw
a warrant on the treasury for the same. [Approved by the
Governor, March 31, 1851.]
Resolves for printing the Annual Reports of the State Reform School Chap. 21.
and the State Prison.
Resolved, That the secretary of the Commonwealth for 3000 copies of
the time being, be authorized and directed to cause to be Report of State
printed, annually, before the meeting of the Legislature, or 1500 copies
as soon thereafter as may be, three thousand copies of the ^,ale ^rison
Annual Report of the State Reform School, and one thou-
sand five hundred copies of the State Prison Report, and
that he cause the former to be printed as document number
two, and the latter as document number three, of the house
of representatives.
Resolved, That one thousand five hundred copies of the 1500 copies fur-
Report of the State Reform School, be furnished to the gipSendlni
superintendent of the school for the time being, for the use of state Reform
of the institution. [Approved by the Governor, March 31,
1851.]
Resolve concerning the United States Census of this State. Chap. 22.
Resolved, That the secretary of the Commonwealth cause
the manuscript copies of the United States census returns Secretary shall
of this Commonwealth, taken in the year one thousand s^Ts^/ensus^
eight hundred and fifty, to be substantially bound in Rus- returns to be
bound, &c.
862 1851. Chap. 22—25.
sia half binding, in volumes of suitable size for preservation
and use ; the same to be properly numbered or labelled, by
counties, for convenient reference, and to be deposited in
the State Library. [Approved by the Governor, March 31,
1851.]
Chap. 23. Resolve on the Petition of the Overseers of the Poor of Gay Head.
Resolved, That there be allowed and paid, out of the
#104 for pau- treasury of the Commonwealth, to William A. Vander Hoop,
pers. Amos Jeffers, and Zaccheus Cooper, overseers of the poor
of Gay Head, the sum of one hundred and four dollars, for
the support of Alexander Brown and Philip Johnson, aged
paupers belonging to the said tribe, for the year one thou-
sand eight hundred and fifty ; and that there be allowed
and paid to the overseers of the poor of Gay Head, annu-
One dollar per ally, the sum of one dollar a week for the support of each
for^ac'if pauper °f tne said paupers, from the first day of January, in the
hereafter. year one thousand eight hundred and fifty-one, during their
natural lives ; and that warrants be drawn accordingly.
[Approved by the Governor, April 5, 1851.]
Chap. 24. Resolve in favor of Joshua Owen.
Resolved, for reasons set forth in his petition, that there
575 per annum be paid, out of the treasury of the Commonwealth, to
granted. Joshua Owen, the sum of seventy-five dollars a year, dur-
ing his natural life, in semi-annual payments, the first to be
made on the first day of May, in the year one thousand
eight hundred and fifty-one, and that warrants be drawn
accordingly. [Approved by the Governor, April 14, 1851.]
Chap. 25. Resolve on the Petition of Benjamin Wheeler and another, Executors.
Resolved, for the reasons in the said petition set forth,
James Wyman that James Wyman, of Boston, be and he is hereby author-
authorized to jze(j and empowered to sell, either at public or private sale,
SGI! cLnci COllVGV
real estate. for cash or on credit, and to convey in fee simple, by good
and sufficient deeds, discharged from all trusts and liability
for the application of the purchase money, the premises de-
scribed in the said petition, consisting of a piece of land,
with the buildings thereon, situated at Point Shirley, in
that part of Chelsea, in the county of Suffolk, called North
Chelsea, lying between the land and estate of William
Tewksbury and the sea, and running northeasterly across
said Point Shirley, by land of the said Tewksbury, about
sixty-six rods, to the easterly shore of said Point Shirley ;
thence easterly, southerly and southwesterly, by Lynn Bay,
Point Shirley Gut, so called, and by Boston harbor, to the
1851.— Chap. 25—26. 863
point of beginning ; also, one undivided half of an estate, with
an old brick house and shop thereon, situated in Washington
street in Boston, in the county of Suffolk, measuring in front
twenty-four feet and four inches ; bounded easterly, in the
rear, on an estate described in the said petition as bounded
on Bedford street, there measuring twenty-three feet and
three inches ; the said estate on Washington street being
about seventy-three feet in depth : and, also, one undi-
vided half of an estate, with the buildings thereon, situated
in Bedford street, in said Boston, measuring in front nearly
thirty feet, from front to rear about eighty-five feet, and on
the rear line, thirty feet : all the said property having been
devised by the will of Benjamin Wheeler, deceased, named
in the said petition, to Benjamin Wheeler, one of the said
petitioners, during his life, and after his death to his chil-
dren ; the said devise being of the whole of the said estate
at Point Shirley, and one-half of the rest of the said prop-
erty : provided, however, that the said Wyman shall first Said Wyman
give such bond with sureties to the judge of probate, for &c. S'Ve
the time being, of the county of Suffolk, as the said judge
shall approve, with condition faithfully to exercise all and
singular the powers hereby granted ; and the said bond
shall provide that the proceeds of the sales of the said
premises shall be placed at interest, secured by mortgages
of real estate, or invested in the funded debt of this Com-
monwealth, or of the city of Boston, and that the interest
derived from such investments shall be paid to the said Ben-
jamin Wheeler, during his life, and that the principal shall
be held for the benefit of the children of the said Wheeler,
at his decease : and provided, also, that the said Benjamin Benjamiu
Wheeler shall join in the deeds to be given as aforesaid, joilJc^ethe d
thereby conveying his interest in the several estates above deeds.
named. [Ajjproved by the Governor, April 14, 1851.]
Resolve on the Petition of the Overseers of Salem Monthly Meeting of CIlClj). 26.
Friends.
Resolved, for reasons set forth in said petition, that Estes Overseers au-
Newhall, Micajah C. Pratt, Nathan Breed, Samuel Neal, Jealestlte, Se"
David Rodman, Enoch Page, Solomon Varney, and David
Osburn, overseers of Salem Monthly Meeting of Friends,
or their successors, are authorized to sell, at public or pri-
vate sale, all or any part of the real estate devised to over-
seers of Salem Monthly Meeting of Friends, in trust, by
Abigail Hawkes, by her last will, approved at a probate
court holden at Salem, within and for the county of Essex,
on the first Tuesday in April, in the year one thousand
eight hundred and forty-six, and all the real estate devised
110
864
1851.-
-Chap. 26—29.
Proceeds to be
invested, &c.
to the overseers of Salem Monthly Meeting of Friends, in
trust, by Elizabeth Hawkes, by her last will, approved at
a court of probate holden at Lynn, in and for the county
of Essex, on the first Wednesday in July, in the year one
and convey the thousand eight hundred and forty-four, and to convey the
same, in fee simple or otherwise, to the purchaser or pur-
chasers, discharged of the said trust ; the proceeds of such
sales to be in lieu thereof, and to be invested in real or per-
sonal securities, or in both, and the net income arising
therefrom to be applied according to the terms of the said
wills. [Approved by the Governor, April 14, 1851.]
CllCip. 27. Resolve on the Petition of Elijah Clark, Administrator.
Resolved, for reasons set forth in said petition, that this
Commonwealth Commonwealth release to James Holton and John W. Hol-
Sme^Hohon10 lis> both of Brighton, in the county of Middlesex, all its
and J. w. Hoi- right in and to certain lots or parcels of land, lying and be-
ing in said Brighton, by reason of the alienage of one Au-
gustus Smith, late of the city of Boston, deceased, which
said lots or parcels of land are particularly described in two
separate deeds, bearing date the twenty-second day of May,
in the year one thousand eight hundred and fifty, given by
the said Clark, as administrator of the estate of the said
Smith, deceased, to the said Holton and Hollis, and record-
ed in the registry of deeds for the county of Middlesex, to
which reference may be had j and the said Commonwealth
hereby releases all its right in and to the said lands by rea-
son of the alienage of the said Smith, as aforesaid, to be
held and enjoyed by the said Holton and Hollis, free of all
claim of the Commonwealth, in the same manner as if the
said Smith had been a naturalized citizen of the United
States. [Approved by the Governor, April 14, 1851.]
lis
Chap. 28.
#122.
Member H. of
R.. 1850, from
Barre.
Chap. 29.
Resolve in favor of Charles King.
Resolved, That the sum of one hundred and twenty-two
dollars be paid, out of the treasury of the Commonwealth,
to Charles King, of Barre, in full payment as a member of
the house of representatives from the town of Barre, for the
year one thousand eight hundred and fifty, and that a war-
rant be drawn therefor accordingly. [Approved by the
Governor, April 14, J 851.]
Resolve on the Petition of Fanny W. Redding.
Resolved, That, for reasons set forth in the petition, the
F. w. Redding said Fanny W. Redding is hereby empowered to sell any
^reafe^ie or a^ rea^ estate m tms Commonwealth of which she is
possessed, or of which she now enjoys the income, under
1851. Chap. 29—32. 865
the provisions of the will of her late father, Nathan Win-
ship : provided, that the proceeds thereof shall be invested Proviso.
under the direction of the judge of probate for the county
of Middlesex, subject to the provisions of the will of the
said Nathan Winship, her devisor. [Approved by the Gov-
ernor, April 14, 1851.]
Resolve in favor of the Franklin County Agricultural Society. Chap. SO.
Whereas, the Franklin County Agricultural Society, in-
corporated in the year one thousand eight hundred and
fifty, in the course of the last year established a fund agree-
ably to the provisions of the Revised Statutes, and awarded
premiums in September last, on the supposition that the
bounty of the Commonwealth would be paid to it, as to
other agricultural societies, which from previous existence
have made the returns prescribed by law ; therefore,
Resolved, That there be paid out of the treasury of the Paid the same
Commonwealth, to the Franklin County Agricultural Soci- cuiuiraTsofie"
ety, such sum as the said society would have been entitled ties, &c.
to receive, agreeably to the provisions of the laws respect-
ing agricultural societies, had its existence admitted of an
annual return in the month of January, in the year one
thousand eight hundred and fifty ; and the governor is
hereby authorized to draw a warrant for the same accord-
ingly. [Approved by the Governor, April 24, 1851.]
Resolve authorizing the Board of Education to appoint Agents. Chap. 31.
Resolved, That the board of education be and they are
hereby authorized to appoint two or more suitable persons May appoint
to visit the towns and school districts, in such parts of the a^„ts.mo
Commonwealth as may seem expedient to the said board,
for the purpose of inquiring into the condition of the public
schools, lecturing upon subjects connected with education,
and, in general, of giving and receiving information, in the
same manner as the secretary of the board would do if he
were present ; and that, to defray the expense of the same,
his excellency the governor, with the advice and consent Governor may
of the council, be authorized to draw his warrant on the notlZt^me
treasury, for a sum not exceeding twenty-five hundred dol- #2500 annually,
lars annually, and for a period not exceeding two years.
[Approved by the Governor, April 24, 1851.]
Resolves on the Petition of John M. Forbes and others. Chap. 32.
Resolved, for the reasons in the said petition set forth, Additional pow-
that John M. Forbes and Samuel Henshaw, as they are ^ft^ggj
trustees under the marriage settlement of Joseph Lyman andSamuei
866
1851.
-Chap. 32.
Henshaw, trus-
tees under the
marriage settle-
ment of Joseph
and Susan B.
Lyman, when-
ever any trust
moneys are re-
ceived, on sale
or change of
any trust estate,
to invest same
in real estate
out of Boston,
and stocks, at
discretion, as
the best inter-
ests of the
parties seem to
require.
Said invest-
ments to be
made under
same responsi-
bility and liabil-
ity as provided
in the marriage
settlement.
Trustees also
empowered to
borrow money,
and to mortgage
the trust estate,
when the inter-
ests of parties
seem to require,
and the parties,
in writing, re-
quest it.
Mortgagees not
responsible for
application of
the money.
Trustees re-
sponsible for
appropriation
and application
of the money,
and, before exe-
and Susan B. Lyman, formerly Susan B. Coolidge, dated
the nineteenth day of April, in the year one thousand eight
hundred and forty-one, and recorded with Suffolk deeds, in
book four hundred and sixty-seven, folio one hundred and
sixty-two, and their successors in the said trust, may, upon
the sale of the trust estate held by them under the said
marriage settlement, or upon the sale of any part thereof,
which they may be authorized by the said settlement to
make, or upon the receipt by them of any moneys or estate,
to be held by them under the said settlement, have the
power and authority, in addition to the powers of invest-
ment which they now have, to invest, upon and with the
written consent and request of the said Joseph and Susan,
the proceeds of such sales, changes of investment and re-
ceipts, in such real estate out of the city of Boston, and
such stocks, as they may deem to afford safe and secure
investments, and to be for the best interests and security of
all parties in interest, under the said settlement. And the
said investments, by this resolve authorized to be made,
shall be made by the said trustees upon and under the
same responsibility and liability as is by the said settlement
provided for all the acts and doings of the said trustees.
Resolved, That the said trustees and their lawful succes-
sors in the said trust be and they hereby are authorized,
from time to time, whenever in their judgment the proper
care and preservation of the trust property, or the best in-
terests of all parties interested under the said settlement,
may require, and the said Joseph and Susan may in writing
request, to borrow of any person or persons any sum or
sums of money, upon such terms, as to time of payment
and rate of interest, not exceeding six per cent., as they
may think advisable, and, as security therefor, to convey in
fee and in mortgage, to the person or persons loaning such
money, and his or their heirs and assigns, the real estate
held by them as trustees under the said settlement, or any
portion thereof; the said mortgagees, their heirs and assigns,
to be in no wise responsible for the appropriation or appli-
cation of the sum or sums of money so loaned, and the
deeds of mortgage, when executed and delivered by the
said trustees and their successors in the said trust, to be
valid and effectual to pass the said real estate, free and dis-
charged of and from all and singular the trusts in the said
marriage settlement set forth, fully and absolutely to all in-
tents and purposes ; but the said trustees and their succes-
sors shall make such appropriation and application, under
the same responsibility as is provided in and by the said
marriage settlement for all their acts and doings, and shall
1851. Chap. 32—35. 867
also, before executing any such deed or deeds of mortgage, cutfog the deed,
give bond to the judge of probate for the county of Suffolk, judge'^f'pro-
in such penal sum, and with such surety or sureties, as shall bate,
be approved by the said judge, with condition faithfully to
make such appropriation and application for the improve-
ment and advantage of the trust property, or as the best
interests of all interested under the said settlement may re-
quire. [Approved by the Governor, April 24, 1851.]
Resolve for the Payment of the Accounts of the State Lunatic Hospital. C/lCtJ). oo.
Resolved, That there be paid out of the treasury of the
Commonwealth, to the State Lunatic Hospital, the sum of #517.08 for sup-
five hundred and seventeen dollars and eight cents, or so Kaupereinhos-
much of the said sum as shall, after an examination by the pitai, before
auditor of accounts, be found due for the support of lunatic ec' '
paupers, prior to the first day of December, in the year one
thousand eight hundred and forty-nine, in the said hospital ;
and that the auditor be authorized hereafter to allow the
said hospital any account which he may find to be actually
due to the same, although such account may not be pre-
sented within the time prescribed by law. [Approved by
the Governor, April 24, 1851.]
Resolve on the Petitions of the Towns of Weymouth and Abington. Chap. 34.
Resolved, for reasons set forth in the said petitions of
the selectmen of the towns of Weymouth and Abington, #522.32 10 each
that there be paid, out of the treasury of the Common- |^eg7ner*u~n
wealth, five hundred and twenty-two dollars and thirty-two ning county
cents, to each of the said towns, in full for expenses in-
curred in running the county line between the county of
Norfolk, on the north, and the counties of Plymouth and
Bristol, on the south ; and that a warrant be drawn there-
for accordingly. [Approved by the Governor, April 24,
1851.]
Resolve in aid of the American Institute of Instruction. Chap. 35.
Resolved, That there be paid out of the treasury of the
Commonwealth, to the directors of the "American Institute jpooforipo,
of Instruction," the sum of three hundred dollars, to de- ^onudr ""'
fray the expenses of the said institute for the year one years
thousand eight hundred and fifty ; and that there be paid
annually, in the month of August, for the term of four suc-
cessive years, to the said directors, the sum of three hun-
dred dollars ; and that warrants be drawn accordingly.
[Approved by the Governor, April 24, 1851.]
and s;inic for
successive
868 1851. Chap. 36—39.
Chap. 36. Resolve on the Petition of Alexander Kenrick.
Resolved, for reasons set forth in the said petition, that
#269 for ex- there be paid out of the treasury of the Commonwealth, to
vfceTiifdetect- Alexander Kenrick, of Orleans, the sum of two hundred
ing supposed and sixty-nine dollars, in full, for expenses incurred and
services rendered in detecting supposed burglars, for rob-
bing the safe of the Union Wharf Company, in Province-
town, and that the governor draw his warrant therefor
accordingly. [Approved by the Governor, April 24, 1851.]
Chap. 37. Resolve on the Petition of Bridget Henry and another.
Resolved, for reasons set forth in the said petition, that
Bridget Henry, Bridget Henry and Bridget Henry the younger of that
jr 'and1 Henry' name> both of the city of Worcester, and Henry Hart, of
Hart, allowed Southborough, in the county of Worcester, the next of
tfJSeJpS kin of Patrick Henry, late of said Worcester, deceased, in-
rick Henry, of testate, be allowed to take, inherit and hold, in equal shares,
fa^aTthe Com- all the balance of the proceeds of the estate of the said in-
monweaiih is testate remaining in the hands of the administrator, upon
concerned tt
the settlement of the account of the administration of the
same, so far as the Commonwealth has any right or interest
in such balance, by reason of escheat ; and such right and
interest is hereby released and confirmed to the said parties.
[Approved by the Governor, April 24, 1851.]
Chap. 38. Resolve for the Pay of the Clerks of the Legislature.
Resolved, That there be allowed and paid, out of the
To clerks gio treasury of this Commonwealth, to the clerk of the senate
per day each; an(j tne c]erk 0f fne house of representatives, each the sum
clerks $6 each, of ten dollars a day, and to the assistant clerk of the sen-
ate and the assistant clerk of the house of representatives,
each the sum of six dollars a day, for each and every day
they have been or may be employed in that capacity dur-
5150 additional ing the present session of the Legislature ; and that there
to each clerk ^ fLlrtaer paj(j to the clerk of the senate and the clerk of
lor copying i ,
journals ot the house of representatives, the sum of one hundred and
state library. fifty dollars each, for copying the journals for the State
library, as required by the orders of the two houses, and
that warrants be drawn accordingly. [Approved by the
Governor, April 24, 1851.]
Chaf) 39 Resolve in favor of Bathsheba J. Holland.
Resolved, That there be allowed and paid, out of the
poo to be paid treasury of the Commonwealth, to Bathsheba J. Holland,
m full of all 0f Bangor, in the state of Maine, daughter of Park Hoi-
c 1 ii 1 1 1 1 s i h ■ i r s o (
Park Holland land, late of said Bangor, deceased, the sum of three hun-
1851. Chap. 39—42. 869
dred dollars, in full payment and satisfaction of any and may have
all claims, which the heirs of said Park Holland may have a&*»nstCom-
J monwcaltn ior
against the Commonwealth, by reason of services rendered services de-
to the State by him, jointly with J. Maltby and John Man- scribed-
deville, as set forth in a report and resolve upon the petition
of the above mentioned parties, submitted to the senate of
this Commonwealth in February, in the year one thousand
seven hundred and ninety-seven, and that the governor
draw a warrant accordingly, [Approved by the Governor,
April 30, 1851. J
Resolve on the Petition of Josiah Brown. OIlClp. 40.
Resolved, for reason set forth in the said petition, that
the doings of Newton Curtis, guardian of Richard Sweet- Doings of New-
ser, in the sale and conveyance of the estate now owned ™nard?an,Sin
by the said Brown, and mentioned in the said petition, so sale of real
far as the same relates to the obtaining the consent of the firmed.00'
overseers of the poor, be and the same are hereby con-
firmed, so that the title of the said Brown, and of all claim-
ing under him, shall be deemed good and valid in law, in
the same manner as if the said consent had been given and
filed in the probate office, prior to the granting of the
license for the said sale. [Approved by the Governor, April
30, 1851.]
Resolve in favor of Lyman Webster. Chap. 41.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Lyman Webster, of #40 Per annum
Tyringham, the sum of forty dollars a year, for three years, ^J mj^^eSrs'
for injuries sustained by him while in the performance of performing
military duty, the said sum to be paid annually, on and after m' ltary uly'
the first day of May, in the year one thousand eight hun-
dred and fifty-one, and that warrants be drawn accordingly.
[Approved by the Governor, April 30, 1851.]
Resolve on the Petition of Jacob H. Kent and others. Chap. 42.
Resolved, for the reasons in said petition set forth, that
Jacob H. Kent, as he is trustee under the last will and tes- Jacob Kent,
tament of Francis Brown, of Boston, deceased, dated the ^ Francis
thirteenth day of January, in the year one thousand eight Brown, author-
hundred and twenty-six, and proved, approved, and allowed discretion, and
at a probate court holden at Boston, within and for the convey, in fee
county of Suffolk, on the twenty-ninth day of May, in the reaf estate' d™
year one thousand eight hundred and twenty-six, and his scnbed-
successors in the said trust be and they are hereby au-
thorized to sell and convey, in fee simple, all the real estate
870
1851.
-Chap. 42—44.
Net proceeds,
how to be in-
vested.
Proviso.
of which the said testator died seized, situated on Hollis
street, in said Boston, at private sale or public auction, as
he or they may deem expedient, and the net proceeds
thereof to invest upon security, either by way of mortgage,
or in United States or Massachusetts stocks : provided,
however, that the said Kent, or his successors in the said
trust, shall, before such sale and conveyance, file in the
Bond first to be probate office of the county of Suffolk, a bond with sure-
probatVoffice. ties to the satisfaction of the judge of the said court, with
condition to pay the interest of the said fund to Martha
Brown, the widow of the said testator, after deducting the
costs and expenses of managing the said fund, during her
life, and at her decease to pay over the said fund to Philip
Brown, a brother of the said testator if then living, or in
the case of his decease, to his heirs, according to the pro-
visions of the said will. [Approved by the Governor,
April 30, 1851.]
Chap. 43.
Devisees of
Samuel Wait,
of Maiden, au-
thorized to sell
and convey
their interest in
certain land in
Maiden, de-
scribed.
Interests of mi-
nors to be sold
by guardians.
Resolve on the Petition of Eliakim Buckman and others.
Resolved, for reasons set forth in the said petition, that
the devisees of Samuel Wait, late of Maiden, in the county
of Middlesex, be and they hereby are authorized to sell
and convey the interests to them respectively belonging,
by virtue of the last will and testament of the said Samuel
Wait, in a certain parcel or tract of land, situated in said
Maiden, containing thirteen acres of marsh land, more or
less, bounding northerly on land now or late of Otis H.
Weed ; easterly on land now or late of Charles Lewis and
John Noble, and a creek ; southerly on the said creek, and
land now or late of Timothy Bailey ; and westerly on
Maiden River as the same runs. The interests of those of
the said devisees, who are of full age, to be by them con-
veyed, and the interests of any of the said devisees who
may be minors to be conveyed by their respective guard-
ians duly appointed ; and this resolve shall take effect from
and after its passage. [Approved by the Governor, April
30, 1851.]
Chap. 44.
#5,000 annu-
ally.
Proviso.
Resolve concerning; Idiotic Children.
Resolved, That there be paid, annually, out of the treas-
ury of the Commonwealth, to the treasurer of the Massa-
chusetts School for Idiotic and Feeble-minded Youth, the
sum of five thousand dollars, to be devoted to teaching
and training indigent idiotic children belonging to this
Commonwealth : provided, that the board of trustees, hav-
ing the direction of the said institution, shall be composed
of twelve persons, four of whom shall be appointed by the
1851. Chap. 44—46. 871
governor and council: and provided, that the governor, Board of visi-
lieutenant governor, secretary of state, president of the BtUu\ed7duties,
senate, speaker of the house, and the two chaplains, shall &c-
constitute a board of visitors, whose duty it shall be to
visit and inspect the said institution as often as they see
fit ; to examine the by-laws and regulations enacted by
the corporation ; and, generally, to see that the object of
the said institution is carried into effect: and provided, fur-
ther, that the said institution shall gratuitously receive and
educate thirty idiotic persons, to be designated by the gov-
ernor: and provided, farther, that other applicants, of proper
age and condition, children of inhabitants of this Com-
monwealth who are not wealthy, shall be received at a
charge not exceeding the actual average cost of the in-
mates : and provided, farther, that the members of the Members of
t -l f \ ■ i ■ 1111 rr- • ■ • r Legislature,
.Legislature for the time being shall be, ex ojficio, visitors ot ex officio,
the institution, and have the privilege, during the sessions, vlsllors-
of inspecting the same ; and that the governor be author-
ized annually to draw his warrant for the sum of five
thousand dollars, in four equal quarterly payments of one
thousand two hundred and fifty dollars each, in favor of
the treasurer of the said school, whenever he shall have
satisfactory evidence that the terms and conditions of the
foregoing resolve have been fulfilled. [Approved by the
Governor, April 30, 1851.]
Resolve on the Petition of the Selectmen of the Town of Norwich. Chap. 45.
Resolved, That two commissioners be appointed by his
excellency, with the advice of the council, whose duty it Twocommis-
shall be, after having duly notified the town clerk of Nor- appointed to
wich and the town clerk of Chester, to establish the boun- ru" line be-
, , . , . , , /? tvt • t tween Norwich
dary line now in dispute between the towns ot JN or wich and Chester,
and Chester, and duly report the same. [Approved by the
Governor, May 7, 1851.]
Resolves on the Petition of Daniel Austin and others. Chap. 46.
Resolved, for reasons in said petition set forth, that Wil-
liam Sohier, of Boston, in the county of Suffolk, be and William Sohier
he hereby is authorized and empowered to sell and convey, ™\\ at'Iiscre-
at his discretion, by public or private sale, at such time ti°n, .and coa-
and times, for such consideration or considerations, as he ^ ccrfaln'rTai
shall judge best, the whole or any parts or parcels of the estate of Com-
° . monwecuth in
real estate in this Commonwealth, of which the late Ben- Boston, derived
jamin Joy, of said Boston, died legally seized, either alone fj°™ fse^inin
or as tenant in common with others, saving and excepting scribed,
such of said lands as have been heretofore sold and con-
Ill
872
1851.-
-Chap. 46.
Net proceeds,
how disposed
of.
Extent of
Sohier's pow-
ers.
No existing
rights to be
affected.
Bond to judge
of probate be-
fore sale.
J. F. Loring
and H. An-
drews, trustees,
to give bonds.
veyed by the late Hannah Joy, relict of said Benjamin, as
his executrix, and also such as said Sohier is already au-
thorized to sell and convey by virtue of a former resolve
of this Commonwealth, passed in the year one thousand
eight hundred and forty-seven, being chapter fifty-seven of
the resolves of that year ; and to make, execute and de-
liver to any and all persons purchasing the same, good and
sufficient conveyances of any and all parcels of land so
sold in fee simple, or for any less estate ; and the pur^
chasers under such conveyances are not to be bound to see
to the application of the purchase money ; and that the
said Sohier be and he hereby is authorized and empowered
to divide and distribute the net proceeds of such sales,
after deducting all proper charges and expenses between
and among the petitioners, named in the said petition, in
the proportions in which the said Benjamin Joy, by his
last will, intended said real estate should be divided among
them ; intending hereby that under this resolve, taken in
connection with the resolve before mentioned, the powers of
sale conferred on said Sohier shall extend to the whole estate
of which said Benjamin died seized, excepting only such
lands as the said Hannah undertook to sell as his executrix :
provided, however, that the power of sale to said Sohier,
granted under this resolve, shall not in any wise be con-
strued so as to affect or prejudice the existing legal rights
of any person or persons, other than said petitioners, now
holding title to said land, of which said Benjamin Joy died
seized, or any parts or portion thereof as purchasers for val-
uable considerations: and provided, also, that said Sohier
shall first give bond with sureties to the judge of probate,
for the time being, of the county of Suffolk, in such sum
as said judge shall approve, conditioned faithfully to exer-
cise the powers aforesaid, and to apply the proceeds of sale
in the way and manner aforesaid ; but said Sohier is not to
be bound to see to the application by said petitioners, or
either of them, of the shares or property they may re-
spectively receive or take from him under and by virtue of
this resolve : and provided, also, that Henry Andrews and
Amos Cotting, as trustees under the will of the said Ben-
jamin, for and in behalf of Elizabeth Joy, and that John
F. Loring and Henry Andrews as trustees under said will
for and in behalf of Hannah Austin, shall first give bonds
to the satisfaction of said judge of probate, conditioned
that such portions of the real estate of said Benjamin, or
the proceeds thereof, as shall be received by them respect-
ively from the said Sohier, under this resolve, shall be
faithfully applied upon the trusts, and to and for the uses,
1851. Chap. 46—48. 873
intents and purposes in and by said will declared concern-
ing the same. [Approved by the Governor, May 7, 1851.]
Resolve on the Petition of Samuel Jennison, Jr., Guardian. Chap. 47.
Resolved, for reasons set forth in the said petition, that
Samuel Jennison, Jr., of Newton, in the county of Middle- Authorized to
sex, guardian of John Richardson, Lydia B. Richardson t;on andcon-
and Frank T. Richardson, minor children and heirs of John vey infee
siinplo cprtmn
H. Richardson, late of Watertown, in said county, deceased, lands in New-
be and he is hereby authorized and empowered to sell, at ^s^°^r'
public or private sale, on such terms as he shall think most
advantageous, and convey to the purchasers in fee simple,
by good and sufficient deeds, any part of the land belong-
ing to the said minors, situated in that part of said Newton
called Newton Corner, and bounding upon or adjacent to
either of the streets named as follows, to wit, Elliot,
Church. Park, Brighton, Washington, Elm and Pine streets :
provided, however, that the said guardian shall first give Bond to judge
bond to the judge of probate for the said county, with °orerSaie.le e"
good and sufficient surety or sureties, to be approved by
the said court, with condition that the said guardian shall
faithfully execute the power herein granted, and shall ren-
der to the said court an account, on oath, of the proceeds
of all sales under this act, within one year from the times
of such sales respectively, and at such other times as the Avails, how
judge of probate may direct, and shall apply and invest aPProPnated-
such proceeds, and account for and pay over the same when
required, and according to law, and discharge his trust in
relation to the premises, faithfully, for the best interest of
his said wards : and provided, farther, that when the prin- When sales
cipal sums derived from such sales shall amount to the sum #i5.ooo,°his
of fifteen thousand dollars, exclusive of the interest that authority to ter-
may have accrued thereon, the power and authority hereby
granted shall terminate. [Approved by the Governor, May
7, 1851.]
Resolve in addition to a Resolve for the monthly payment of the Mem- Chap. 48.
bers of the Legislature.
Resolved, That there be appropriated the further sum of #50,000 addi-
fifty thousand dollars in addition to the amount appropriated |gjj| aPProPn-
by a resolve of the twenty-eighth day of February, in the
year one thousand eight hundred and fifty one, to enable
the treasurer of the Commonwealth to pay the members of
the Legislature and its officers, fifty dollars a month, as
provided in the said resolve, and that a warrant be drawn
therefor accordingly. [Approved by the Governor, May
10, 1851.]
874 1851. Chap. 49—52.
Chap. 49. Resolve relating to the Land Office.
Resolved, That the resolve relating to the land office,
passed on the seventeenth day of June, in the year one
thousand eight hundred and twenty, in so far as it relates
to the appointment of George W. Coffin, as land agent, be
and hereby is repealed. [Approved by the Governor, May
10, 1851.]
Chttp. 50. Resolve on the Petition of Persis Dickinson and others.
Resolved, for the reasons set forth in said petition, that the
Proceedings of decree of the court of probate for the county of Suffolk,
ba"! on Daniel dividing the estate of Daniel Dickinson, late of the said
Dickinson's es- county deceased, and all proceedings relating thereto, be and
t ale, confirmed. Al , , n j •/• ij j-
the same are hereby confirmed, so far as such decree di-
vided the said estate among the devisees of the said Daniel
Dickinson, and those claiming under them, and that the
respective titles of such devisees, and of all persons claim-
ing under them, be and the same are hereby .confirmed.
[Approved by the Governor, May 10, 185 l.j
Chat). 5 1 . Resolve in relation to Parker River Bridge.
Resolved, That the Commonwealth will and hereby does
Accepting re- accept of the surrender of the charter of the Parker River
provedWbyattor- Bridge in the town of Newbury, in the county of Essex,
ney general. upon the proprietors thereof executing a release under seal
to the Commonwealth, of all their rights, title and interest,
in and to the said franchise and all their property held by
them under the said charter ; the said release to be approved
by the attorney general. [Approved by the Governor, May
13, 1851.]
Chap. 52. Resolve on the Petition of Silas H. Holland and Dane A. Marrett.
Resolved, for the reasons set forth in said petition, that
Petitioners au- Silas H. Holland, of Cambridge, and Dane A. Marrett, of
piy'cenain de1-' Somerville, both in the county of Middlesex, administrators,
fects in their with the will annexed, of the remaining estate of Jonathan
^^1sKrsaS Locke, late of Lancaster, in the county of Worcester, de-
of Jonathan ceased, be allowed and authorized to make, file, and have
recorded, in the office of the probate court for the said
county of Worcester, their affidavit, together with a copy of
their notice of sale, in pursuance of a license of the said
court, by them as such administrators of real estate of said
Jonathan Locke, to sundry persons on the eighteenth day
of December, in the year one thousand eight hundred and
forty-nine ; and that the same shall be as effectual to per-
petuate the evidence, and shall be admitted as such, of the
time, place, and manner of giving such notice, as if the
1851. Chap. 52—56. 875
same had been done by them within one year after the sale
aforesaid : provided, that the said affidavit and copy be so
filed within six months from the passage of this resolve.
[Approved by the Governor, May 15, 185 l.j
Resolve for the distribution of the Report on the Insects of Massachu- Chap. 53.
setts which are injurious to Vegetation.
Resolved, That the secretary of the Commonwealth cause Copies of re-
to be distributed to each member of the present Legislature CUtoffS?
one copy of the report, by Thaddeus W. Harris, M. D., on tnbuted.
the insects of Massachusetts which are injurious to vegeta-
tion, and ten copies thereof to each incorporated horticul-
tural society in this State, in further accordance with a
resolve approved on the second day of April, in the year
one thousand eight hundred and fifty ; and that the remain-
der of the edition be left to the disposal of the Legislature.
[Approved by the Governor, May 15, 1851.]
Resolve concerning the State Normal Schools. Chap. 54.
Resolved, That the sum of twelve hundred dollars be
appropriated annually, the current year, and in the year one #120? to bc aP-
thousand eight hundred and fifty-two, for the support of buaS"*tiii Jon-
the State Normal Schools under the direction of the Board u55r.1»,852» in
.. ..... . -II • addition to for-
oi Education, which, together with the sums appropriated mer sums.
for the same object by former resolves, shall be in full
therefor to the first day of January, in the year one thou-
sand eight hundred and fifty three. [Approved by the Gov-
ernor, May 15, 1851.]
Resolve in favor of Norman G. Baxter. Chap. 55.
Resolved, That there he allowed and paid, out of the
treasury of the Commonwealth, to Norman G. Baxter, a
member of the house of representatives from the town of
New Ashford, the sum of eighty-seven dollars in full for
the expenses of his sickness, during the present session of
the Legislature, and that a warrant be drawn therefor ac-
cordingly. [Approved by the Governor, May 15, 1851.]
Resolve on the Petition of John Scolley. Chap. 56.
Resolved, That the said John Scolley, for the reasons set
forth in his said petition, be and he hereby is authorized to Anthorized to
hold and dispose of the parcel of land mentioned and de- convey certain
scribed or referred to in his said petition, fiee and clear of «*l estate
. . - L ' described.
any claim on the part or the Commonwealth, to wit, a cer-
tain parcel of land situated in Boston, in the county of
Suffolk and Commonwealth aforesaid, bounded and de-
scribed as follows : northeasterly on Canton street, there
876
1851.-
-Chap. 56—57.
Proceeds, how
to be disposed
of.
Bond to judge
of probate be-
fore sale.
measuring twenty-five feet ; southeasterly on land now or
late of one Whitney, there measuring forty-five feet; south-
westerly on land now or late of John Saunders, there
measuring twenty-five feet, and northwesterly on land now
or late of one Allen, there measuring forty-five feet, or
however otherwise bounded, being the parcel of land con-
veyed to the said Scolley, by James Murphy, by deed dated
the tenth day of October, in the year one thousand eight
hundred and thirty-seven, recorded in the registry of deeds
for said county of Suffolk, lib. 450, vol. 61, with authority
also to the said Scolley, his heirs, executors or administra-
tors, to sell the said parcel of land, and execute, acknowl-
edge and deliver all proper deeds, to convey the same and
the net proceeds, to pay as follows : one third to John
McCabe, one third to James McCabe, and one third to the
heirs at law of Hugh McCabe, said John, James and Hugh
being the sons of Mary McCabe, named in said deed of
said Murphy : provided, that the said John Scolley shall
first give bonds to the judge of probate, within and for the
county of Suffolk, with such sureties as said judge shall
approve, with condition to pay over such proceeds to the
parties above named, in the same proportions as they are
entitled, under the said Murphy's deed, to the real estate
therein described. [Approved by the Governor, May 15,
1851.]
Chap. 57.
Edward Lamb,
as executor,
with will an-
nexed, of Jere-
miah Robinson,
auihovized to
sell and con-
vey, in fee sim-
ple, certain real
esiate in
Worcester, &.c.
Bond to judge
of probate be-
fore sale.
Resolve on the Petition of Edward Lamb and others.
Resolved, for the reasons set forth in said petition, that
Edward Lamb, of Boston, in the county of Suffolk, ad-
ministrator, with the will annexed, of the estate of Jere-
miah Robinson, late of Worceste*, in the county of Worces-
ter, deceased, be and he is hereby authorized and empow-
ered to sell, either at public or private sale, and to convey
in fee simple, by good and sufficient deeds, discharged from
all trusts and liability for the application of the purchase
money, all the real estate of which the said Jeremiah Rob-
inson died seized, situated in said Worcester, and which
by the said Robinson's last will and testament was devised
to divers persons specified in the said will : provided, how-
ever, that the said Lamb shall first give such bond, with
sureties to the judge of probate, for the time being, of said
county of Worcester, as the said judge shall approve, con-
ditioned faithfully to exercise all and singular the powers
hereby granted, and that he will pay over the proceeds, in
full, to Artemas Ward, Esquire, trustee, appointed in and
by the said Robinson's will, or his successor or successors
in said capacity, immediately after receiving the same :
1851. Chap. 57—60. 877
and provided, further, that the said trustee or trustees shall
first give satisfactory bonds to the said judge of probate,
that he and they will dispose of, and pay over the said
proceeds, to the same persons who would have been en-
titled to said real estate under the provisions of said Rob-
inson's will, and will pay over the income on said proceeds
to the persons who would have been entitled to the income
or rents and profits of such real estate, had there been no
such sale or proceedings as hereby authorized. [Approved
by the Governor, May 15, 1851.]
Resolve on the Petition of Benjamin C. Clark and Edward D. Clark. Chap. 58.
Resolved, for reasons in said petition set forth, that Ben-
jamin C. Clark and Edward D. Clark, executors and trus- Petitioners au-
tees, appointed by Sarah Preston, in her last will, be au- executorsof
thorized to sell and convey in fee simple, by public or f™ah Prest0«'s
private sale, whenever they shall judge best, any or all of trus'tees, to sell,
the real estate held by them as trustees, under the said andeonv1'0"'"
will, and situated in the town of Chelsea, in the county of fee simple, cer-
Suffolk, consisting of three lots of land and two dwelling 2c£!i"tal8
houses ; and to make and execute good and sufficient deeds described.
thereof, in fee simple, discharged of all trusts, and without
any obligation, on the part of the purchaser or purchasers,
to see to the application of the purchase money, and that Proceeds to be
the proceeds shall be held and invested, and disposed of, to the esuitewouid
the same uses and upon the same limitations and trusts, have been-
upon which the said real estate is now or would hereafter
have been holden : provided, that the said trustees, before Bonds to judge
making such sale, shall give bonds to the judge of probate foreTale!6 be"
for the county of Middlesex, with such sureties and in
such sum as he shall approve, conditioned that the said
proceeds shall be so held, invested and disposed of. [Ap-
proved by the Governor, May 15, 1851.]
Resolve for the Pay of the Sergeant at Arms for extra services. Clian 59
Resolved, That there be allowed and paid, out of the
treasury of this Commonwealth, to the sergeant-at-arms, $iootoser-
the sum of one hundred dollars, for his attendance and foTexira s™ *
extra services, during ninety-nine days session of the valu- v»ces.
ation committee, and that a warrant be drawn accordingly.
[Approved by the Governor, May 15, 1851.]
Resolve on the Petition of Josiah H. Carter. Chat) 60
Resolved, for the reasons set forth in said petition, that
Josiah H. Carter, of Needham, in the county of Norfolk, Authorized to
administrator of the estate of James G. Carter, late of Lan- Z&^n'lo-
caster, in the county of Worcester, deceased, be allowed and ceedings as ad-
878 1851. Chap. 60—63.
ministrator of authorized to make, file, and have recorded, in the probate
CaTter.G* office for the said county of Worcester, his affidavit, together
with a copy of his notice of a sale, in pursuance of a li-
cense of the probate court for the said county of Worces-
ter, by him as such administrator of real estate of the said
James G. Carter, to sundry persons, on the seventeenth day
of December, in the year one thousand eight hundred and
forty-nine, and that the same shall be as effectual to per-
petuate the evidence, and shall be admitted as such, of the
time, place and manner of giving such notice, as if the
same had been done by him within one year after the sale
Proviso. aforesaid : provided, that the said affidavit and copy be so
filed within six months from the passage of this resolve.
[Approved by the Governor, May 15, 1851.]
Chap. 6 1 . Resolve in favor of Daniel Herring.
Resolved, That there be paid, out of the treasury of the
#50 yearly Commonwealth, to Daniel Herring, of Needham, for inju-
1848 ^inju-2' r^es received while doing military duty, the sum of fifty
ries on military dollars a year, commencing on the twelfth day of March,
uly' in. the year one thousand eight hundred and forty-eight,
and to continue during his natural life, and that warrants
be drawn therefor accordingly. [Approved by the Gov-
ernor, May 15, 1851.]
Cha?) 62 Res°lve f°r tne relief of Harrison Wingate, Moses Wingate and Sam-
* " uel Poor.
Attorney gen- Resolved, That the attorney general be and he hereby is
toadischar-eed authorized to discharge Harrison Wingate, of Charlestown,
them from ail and Moses Wingate, of Haverhill, and Samuel Poor, of
TceS'reco^ Charlestown, from all liability by reason of a judgment
nizance and recovered upon a recognizance entered into by the said Har-
rison Wingate and others, in the police court of the city of
Boston, in favor of the Commonwealth, on the seventeenth
day of August, in the year one thousand eight hundred and
forty-eight, and from all liability arising out of any pro-
ceeding subsequent to and consequent upon the said judg-
ment, including a suit now pending against the said Moses
Wingate and Samuel Poor, in the supreme judicial court
for the county of Suffolk, upon such terms as he shall deem
equitable. [Approved by the Governor, May 15, 1851.]
Cliai). 63. Resolve in favor of the town of Newburyport.
Resolved, That there be paid, out of the treasury of the
#37.04 to pay Commonwealth, to the treasurer of the town of Newbury-
port of'forefeir Port> tne sum °^ thirty-seven dollars and four cents, in
pauper chii- payment of the account of the said town for the support
dren.
1851. Chap. 63—66. 879
of certain children of foreign paupers, committed to the
workhouse, as set forth in the petition, and that a warrant
be drawn accordingly. [Approved by the Governor, May •
15, 1851.]
Resolve on the Petition of the Primary School District, No. 7, in Rox- Chap. 64.
bury.
Resolved, for reasons set forth in said petition, that the Authorized to
Primary School District Number (7,) seven, in Roxbury, Vey, in fee sim*
be authorized to sell and convey, in fee simple, by public P^tceJ*]n real
or private sale, whenever they shall judge best, a certain scribed.
piece or parcel of real estate, devised to the said district by
Sarah Corey, late of said Roxbury, deceased, which said
real estate is situated in the said district, and contains
about seven acres, more or less, and is located as follows,
to wit, on the easterly side of a straight line run from the
southwesterly corner of Dundridge Tuft's house-lot, for-
merly so called, but now the land of one Lyon, which is
on the opposite side of the road, the said line continuing
across the road and through the house-lot and pasture, for-
merly of said Sarah Corey, to Sparhawk's line, now or for-
merly, so that the southerly end shall be of the same width
with the end next to the road, and to make and execute,
by a committee chosen therefor, a good and sufficient deed
or deeds thereof; in fee simple, discharged of all trusts and
without any obligation, on the part of the purchaser or
purchasers, to see to the application of the purchase money,
and the proceeds shall be held and invested, and the in-
come and profits thereof disposed of, to the same uses and
upon the same limitations and trusts, upon which the said
real estate is now or would hereafter have been holden.
[Approved by the Governor, May 15, 1851.]
Resolve in favor of Eliphalet S. Darling. Chap. 65.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Eliphalet S. Darling, a
representative from the town of Gill, the sum of sixty
dollars and fifty cents, for the expenses of his sickness
while attending the present session of the Legislature, and
that a warrant be drawn accordingly. [Approved by the
Governor, May 17, 1851.]
Resolve in favor of Franklin Ruggles. Chap. 66.
Resolved, That there be allowed and paid, out of the
treasury of the Commonwealth, to Franklin Ruggles, of
Hard wick, the sum of eight dollars, the same having been
omitted by mistake in making up the pay-roll of the mem-
112
880 1851.— Chap. 66—70.
bers of the house of representatives, for the year one thou-
sand eight hundred and fifty, in the travelling fees of the
said Ruggles as representative from Hard wick. [Approved
by the Governor, May 17, 1851.]
Chap. 67. Resolve for the Payment of Incidental Expenses of the State House.
Resolved, That the sum of five thousand dollars be and
56000 for inci- hereby is appropriated to defray the expense of incidental
&e".a repairs' repairs upon the State House, and for the purchase of the
necessary articles of furniture during the present year, for
the use of the Legislature and the various offices therein,
by the sergeant-at-arms, and also for the payment of ex-
penses already incurred in making alterations in the repre-
sentatives hall, and introducing gas into the senate cham-
ber, and that warrants be drawn therefor. [Approved by
the Governor, May 20, 1851.]
Chap. 68. Resolve in favor of the Chappequiddic Indians.
Resolved, That a sum not exceeding two thousand dol-
forfenc- iars ]}e allowed and paid, out of the treasury of the Com-
ing-Indian lands , , 1 „1 T ..• ^ j J
in Dukes monwealth, under the direction oi the governor and coun-
County. cj]^ for ti^ pUrpose of building fences upon the lands of
the Indians and people of color, inhabitants of the island
of Chappequiddic, in the county of Dukes County, accord-
ing to the lines of division as laid out and established on
the said lands, by the commissioners appointed under the
act passed on the tenth day of March, in the year one
thousand eight hundred and twenty-eight, for that purpose,
and that warrants be drawn accordingly. [Approved by
the Governor, May 20, 1851.]
Chap. 69. Resolve in favor of Samuel Adams.
Resolved, That there be paid out of the treasury of the
5100 for ser- Commonwealth the sum of one hundred dollars, to Samuel
vices in rebel- Adams, of Boston, in full for his services during the rebel-
lion of 1787. ' ' iini-i
lion of the year one thousand seven hundred and eighty-
seven, and that a warrant be drawn therefor. [Approved
by the Governor, May 20, 1851.]
Chap. 70. Resolve on the Petition of Daniel J. Searle.
Resolved, for reasons set forth in said petition, that Dan-
Petitioner, as iel J. Searle, of Rowley, in the county of Essex, trustee
trustee by will mi(jer tne iast W1u an(j testament of Jonathan Willson, late
of Jonathan i i •
Wilson, is au- of Danvers, in said county of hssex, deceased, or his suc-
at°dkcretion cessor in the said trust, be and he hereby is authorized to
and convey in sell and convey in fee simple, discharged from all trusts, in
fee simple, cer-
1351. Chap. 70—71. 881
such manner, on such terms and for such prices as he shall tain real estate
deem expedient, at public auction or private sale, as shall be scribed^™' de~
most for the interest of those concerned therein, all the
right, title and interest which Benjamin and Jesse Willson
derived under the will of their late father, Jonathan Will-
son, in and to certain pieces or parcels of land lying and
being in the town of Dan vers aforesaid, bounded and de-
scribed as follows, to wit : one piece or parcel lying on the
easterly side of the road leading from South Danvers to
North Danvers, bounded on the north by land of Malachi
Willson, easterly and northerly by said Willson's land,
southerly by land of Silas Winchester, and westerly by
the highway leading to North Danvers as aforesaid, con-
taining about one half an acre, with the buildings thereon.
The other piece or parcel of land lies on the westerly side
of the highway leading from South Danvers to North Dan-
vers, and is bounded as follows, to wit : easterly by the
said highway, northerly by land of Richard Rogers and
Margaret Fuller, westerly by land of Jonathan Rand,
and southerly by said Rand's land to the highway, contain-
ing two acres, more or less ; and to make, execute and de-
liver such deed or deeds thereof, in fee simple to the
purchaser or purchasers, as to the said Searle or his succes-
sor may seem expedient ; and the proceeds of the sale shall Proceeds io he
be held by the said Searle, or his successor and successors, heldl" ,rust-
upon the same trusts and for the same interests and pur-
poses as the said estate itself would have been held, had it
not been sold and conveyed under the authority and in pur-
suance of this resolve : provided, however, that, previously Bonds to be
to any sale, the said Searle shall give bonds, to the satis- »'vcn '°Judse
■''. D i of probate, pre-
faction of the judge of probate for the county of Essex, vioustosaie.
for his acts and doings in the premises, and to account for
and dispose of the proceeds of the sale of the said real es-
tate, according to the will of the said Jonathan Willson,
deceased. [Approved by the Governor, May 21, 1851.]
Resolve on the Petition of Huldah Brett, Administratrix. Chap. 7 1 .
Resolved, for reasons set forth in the said petition, that
Huldah Brett, of East Bridgewater, in the county of Ply- Petitioner au-
mouth, administratrix of the estate of Algernon S. Brett, JSjW.V"*
late of said East Bridgewater, deceased, be and hereby is Baker and M.
authorized to convey in fee simple and in severalty, by tractVoffcuid
good and sufficient deeds, to Francis J. Baker and Melzar described.
J. Litchfield, two certain tracts or parcels of land lying and
being in said East Bridgewater, bounded and described as
follows : beginning at the south side of the road leading
from West Bridgewater to East Bridgewater, at a corner of
882 1851. Chap. 71—72.
land belonging to Simeon and Robert Curtis ; thence run-
ning south thirty-four and three quarters degrees east, in
said Curtis range, nineteen rods and twenty links, to a stake
by the side of the new road ; thence, in range of the new
road, south eighty degrees west, eleven rods and one link,
to a stake in the south corner of the said lot ; thence north
twenty-eight degrees west, fourteen rods and twenty links,
to a stake by the side of the road ; thence north, by the
side of the road, forty-nine degrees east, eight rods and
three links, to the first named bound. Also, one other
piece or parcel, bounded as follows : beginning at a stake
at the south side of the road leading from West Bridge-
water to East Bridge water ; thence running south twenty-
eight degrees east, fourteen rods and twenty links, to a
stake by the side of the new road ; thence south eighty
degrees west, in the range ot the said new road, sixteen
rods and four links, to a stake in the south corner in
the said lot ; thence north twenty-seven degrees west,
six rods, to a stake by the side of the road ; thence north,
in range of the road, forty-nine degrees east, sixteen rods,
to the first mentioned bounds. And the said Huldah Brett
is hereby empowered to make, execute and deliver good
and sufficient deeds of the tracts or parcels of land herein
described, to the said Baker and the said Litchfield, upon
their compliance with the terms of a certain bond bearing
date the twentieth day of August, in the year one thousand
eight hundred and forty-seven, given by the said Algernon
S. Brett, in his life time, to the said Baker and Litchfield,
to convey the said premises above described ; and any con-
veyance of the said lands made by the said Huldah Brett,
under this resolve, and in pursuance of the terms and con-
ditions of the aforementioned bond, shall be as effectual to
convey the said lands as if the same had been made by the
said Algernon S. Brett in his life time. [Approved by the
Governor, May 21, 1851.]
Chap, 72. Resolve on the Petition of Elisha Haskell.
Resolved, That the Commonwealth release to Elisha
Commonwealth Haskell, of Boston, in the county of Suffolk, his heirs and
^,r^leaue l? n assigns, all its rights, by reason of the alienage of James
Elisha Haskell o \ . ° ; j o
certain real es- M. Smith, in and to two parcels ot land situated m the city
tate described. Q£ Lowell, in the county of Middlesex, the one containing
forty-five hundred and twenty square feet, and the other
containing forty-eight hundred and seventy-six square feet,
and more fully described in a deed from Daniel C. Davis to
Elisha Haskell, dated in December, in the year one thou-
sand eight hundred and forty-seven, and recorded with
1851. Chap. 72—75. 883
Middlesex deeds, book five hundred and thirty-two, at page
four hundred and seventy-six. [Approved by the Governor,
May 21, 1851.]
Resolves on the Petition of John Hecktor and Harry Arnold ; and in favor CJlCip. 73.
of Andrew C. Brown.
Resolved, for reasons set forth in the said petition, that The trust fund
there be paid and transferred from the treasury of the Com- °rs to Remade
mon wealth, to the trust fund deposited in the said treasury #3.25; to{>e
by Charles Brigham, trustee of the Grafton or Hassanamis- Pd^of'pro-
co tribe of Indians, under a resolve of the General Court, b.ale iu aaav*}
• i i i u •»«■ i • i shares to peti-
passed on the twenty-eighth day of March in the year one tioners.
thousand eight hundred and fifty, so much as will make
the principal of the said trust fund amount to three hun-
dred and twenty-five dollars, the sum for which the said
trustee sold certain real estate, in Worcester, belonging in
equity to the said petitioners ; the principal and interest of
the said sum to be drawn out, annually, by the judge of
probate for the county of Worcester, and by him paid over
in equal shares to the said Hecktor and Arnold, and their re-
spective heirs, in all respects agreeably to the provisions of
the said resolve, except that none of the said sum shall be
paid over to the other members of the said tribe : provided, None to others
that the said Hecktor and Arnold, by themselves or their petuw^to
guardian, shall first release all their right and claims in and quitclaim.
to the said real estate to the purchasers under the said sale.
Resolved, That there be paid out of the treasury of the 530 to judge of
Commonwealth, to the said judge of probate, the sum of [iJ-ew Brown. "*
thirty dollars, to be paid over by him to Andrew C. Brown,
of Holden, one of the said tribe of Indians, on account of
money expended by him in repairing his buildings ; and
that warrants be drawn accordingly. [Approved by the Gov-
ernor, May 21, 1851.]
Resolve for the Pay of the Chaplains of the Legislature. L>llCtp. l<±.
Resolved, That there be allowed and paid out of the
treasury of this Commonwealth, to the chaplain of the
senate and to the chaplain of the house of representatives,
one hundred dollars each, for their services during the pres- 5100 each,
ent session ; and that warrants be drawn accordingly. [Ap-
proved by the Governor, May 23, 1851.]
•
Resolve for paying the Current Expenses of the State Reform School. Chap. 75.
Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, to the trustees of the State
Reform School, the sum of twenty-two thousand and five #22,500 to
hundred dollars, to enable them to pay the current expenses
trustees.
8«4
1851.-
-Chap. 75 — 79.
of the said school for the present year ; and that a warrant
or warrants be drawn accordingly. [Approved by the Gov-
ernor, May 23, 1851.]
to select-
men of Conway,
in trust for Zeb-
ulon Paine.
#1000 for ex-
penses of State
House offices,
valuation com-
mittee, &c. for
1850.
Chap. 76. Resolve in favor of Zebulon Paine.
Resolved, That there be paid out of the treasury of the
Commonwealth, to the selectmen of the town of Conway,
the sum of five hundred dollars, to be held by them and
their successors in office, in strict trust for Zebulon Paine,
of said Conway, and to be paid out by them to the said
Paine, or his family, in such portions and in such manner
as they shall deem for his interest, as a remuneration for
the time spent by the said Paine in the State Prison, under
sentence for an offence of which it appears he was not
guilty ; and that the governor draw his warrant accord-
ingly. [Approved by the Governor, May 24, 1851.]
Chap. 77. Resolve for the Payment of the Contingent Expenses of the Legislature
and Valuation Committee of the year one thousand eight hundred and
fifty.
Resolved, That there be paid out of the treasury of the
Commonwealth, to the sergeant at arms, the sum of one
thousand dollars, to enable him to defray expenses already
incurred on account of the Legislature and the various
offices in the State House, and for the valuation committee
of the year one thousand eight hundred and fifty ; and
that a warrant be drawn therefor accordingly. [Approved
by the Governor, May 24, 1851.]
Chap. 78. Resolve to provide for the Contingent Expenses of the Legislature, and
the various offices in the State House, for the year one thousand eight
hundred and fifty-one.
Resolved, That there be paid to the sergeant at arms, out
of the treasury of the Commonwealth, a sum not exceed-
ing one thousand dollars, to enable him to pay certain con-
tingent expenses of the General Court and the various
offices in the State House, during the present year ; and
that warrants be drawn therefor accordingly. [Approved
by the Governor, May 24, 1851. J
Chap. 79. Resolve to compensate the Auditor of Accounts for Expenses incurred in
his Office.
#200 allowed Resolved, That there be paid out of the treasury of the
for clerk hire. Commonwealth, to the present auditor of accounts, the
sum of two hundred dollars in full for clerical services paid
and expenses incurred by him during the past two years :
Proviso. provided, that the said sum shall not be in addition to the
amount granted for clerk hire in his office, by a bill now
#1000 for con-
tingent ex-
penses and of-
fices in State
House, for 1851
1851. Chap. 79—82. 885
before the Legislature ; meaning hereby that the whole
expense, for the year one thousand eight hundred and fifty-
one, shall not exceed six hundred dollars. [Approved by
the Governor, May 24, 1851.]
Resolve allowing further time to the Commissioners on Boston Harbor QJiap. 80.
and Back Bay to make their final Report.
Resolved, That the commissioners appointed under a re-
solve of the Legislature, approved on the third day of May,
in the year one thousand eight hundred and fifty, concern-
ing Boston Harbor and Back Bay, be allowed further time
for the full and final execution of their commission, and
that they be and hereby are authorized to report in print,
on or before the first Wednesday of January, in the year
one thousand eight hundred and fifty-two, which report
shall be printed as senate document number — . [Approved
by the Governor, May 24, 1851.]
Resolve in favor of Herman Vincent. GhciJ). 81.
Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, to Herman Vincent, a pi, for error
member of the house of representatives from Chilmark, yroo'|j|llie
twelve dollars, being in full for six days' attendance at the
present session of the Legislature, which was accidentally
omitted in making out the pay roll of the house ; and that
his excellency the governor be authorized to draw his war-
rant therefor accordingly. [Approved by the Governor,
May 24, 1851.]
Resolves on the Petition of Nathaniel Lamson, Ebenezer G. Lamson, and Chaj). 82.
Abel F. Goodnow.
Resolved, for reasons set forth in the said petition, that
the several deeds therein mentioned, made and executed by
Catherine A. Goodnow, guardian of Abby C. Goodnow and
Harriet E. Goodnow, minors, for the conveyance to the
said Lamson and Goodnow, under licenses obtained from
the court of probate for the county of Worcester, of the
interest of the said minors in certain real estate, in the said
deeds mentioned and described, situated in the towns of
Shelburne and Buckland, in the county of Franklin, and
the town of Cummington, in the county of Hampshire,
which deeds are as follows, to wit : one bearing date the
seventh day of July, A. D. 1848, and recorded in the regis-
try of deeds for the county of Franklin, book 143, page
350 ; and another bearing date July 7, A. D. 1848, and re-
corded in the registry of deeds for the county of Hampshire,
book 126, page 127 ; and deeds of confirmation, bearing date
886 1851. Chap. 82—84.
January 1, A. D. 1849, and recorded, the one in the regis-
try of deeds for the county of Franklin, book 163, page
99, the other in the registry of deeds for the county of
Hampshire, book 137, page 468 ; and deeds bearing date
June 1, A. D. 1850, and recorded in the registry of deeds
Sale of land, for the county of Franklin, book 163, page 97 ; be held
and title to anQi considered good and sufficient in law for the convey-
same, con- • ? T n^i ^ n 1 • i
firmed. ance to the said Lamson and Goodnow of all the right,
title, interest and estate of the said Abby C. Goodnow and
Harriet E. Goodnow, minors, in and unto the several tracts
of land and real estate mentioned or described in the said
several deeds, and intended thereby to be conveyed ; and
that the sales mentioned in the said petition, and the title
of the said Lamsons and Goodnow under the same, be
and the same are hereby confirmed. [Approved by the Gov-
ernor, May 24, 1851.]
Chap. 83. Resolve on the Petition of the Selectmen of the Town of Norwich.
Resolved, That two commissioners be appointed by his
excellency the governor, with the advice of the council,
whose duty it shall be, after having duly notified the town
clerk of Norwich and the town clerk of Chester, to estab-
lish the boundary line now in dispute between the towns
of Norwich and Chester, and duly report the same. [Ap-
proved by the Governor, May 24, 1851.]
Chap. 84. Resolve on the Petition of Samuel Gilman, Jr., and Janet Cameron Gil-
man, in behalf of Mary Cameron, a minor.
Mary Cameron Resolved, for reasons set forth in said petition, that
hoL'ueruii]10 Mary Cameron, a minor, child of William Cameron, late of
real estate. Boston, in the county of Suffolk, deceased, be and she is
hereby authorized and empowered to take and hold all the
right, title and interest which said William Cameron had in
and to certain real estate situated on Fifth street, in South
Boston, being the same conveyed by Josiah Dunham, Jr.,
to Thomas Keyes, of said Boston, in trust for the benefit of
said William Cameron, his heirs and assigns, being the
same estate mentioned in the declaration of said Keyes,
recorded in the Suffolk registry of deeds, lib. six hundred,
foi. one hundred and twenty-five. And the said Mary
Cameron shall have all the right, title and interest in, to
and respecting the said real estate, which she might" or
could have had, had she and her said father been natural-
ized citizens of the United States. [Approved by the Gov-
ernor, May 24, 1851.]
1851. €hap. 85—88. 887
Hesolve concerning the Draw in the Bridge over Mystic River. Chap. 85.
Resolved, That the commissioner appointed under the
act chartering the Grand Junction Railway Company, be width not less
and is hereby directed and instructed to cause the draw in than46feet.
their draw-bridge over the Mystic River to be made of not
less width than forty-six feet. [Approved by the Governor,
May 24, 1851.]
Resolve in favor of Gilman P. Allen. Chap. 86.
Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, to Gilman P. Allen, a #40.
member of the house of representatives from the town of
Essex, forty dollars in full for his attendance at the present
session, it being for twenty days' attendance accidentally
omitted in making up the pay roll ; and the governor is
authorized to draw his warrant for the same. [Approved
by the Governor, May 24, 1851.]
Resolve concerning the Quarter Master General's Department. Chap. 87,
Resolved, that the sum of four thousand six hundred and
fifty dollars be and the same is hereby appropriated to de- #4,650.
fray the expenses of the quarter master general's depart-
ment, for the current year, and that warrants be drawn
accordingly. [Approved by the Governor, May 24, 1851.]
Resolves providing for the Reception of the President of the United Chap. 88.
States. ■
Whereas, it is understood that the president of the Uni-
ted States contemplates visiting the Commonwealth of
Massachusetts during the current year,
Resolved, That his excellency the governor be requested
to tender the hospitalities of the State to the president of
the United States, should he visit the Commonwealth as
contemplated ; and that a committee, consisting of the Committee,
president and six members of the senate, and the speaker
and fourteen members of the house of representatives, be
appointed, who are hereby authorized to make all suitable
arrangements, in the name and behalf of the State, for the
proper reception of the chief magistrate of the republic.
Resolved, That his excellency the governor, by and with
the advice of the council, be and hereby is authorized to
draw his warrant on the treasury for such a sum as may be
necessary for the purpose aforesaid. [Approved by the Gov-
ernor, May 24, 1851.]
113
888 1851. Chap. 89—93.
Chap. 89. Resolve in favor of Thomas W. Tuttle.
Resolved, That there be paid, out of the treasury of the
Commonwealth, to Thomas W. Tuttle, of Boston, the sum
of three hundred and sixty-two dollars in full for injuries
sustained by him in consequence of defects in Charlestown
old bridge ; and that a warrant be drawn therefor. [Ap-
proved by the Governor, May 24, 1851.]
Chap. 90. Resolve to authorize the Treasurer to borrow Money to meet the Deficit
in the Revenue for the years one thousand eight hundred and fifty, and
one thousand eight hundred and fifty-one.
#100,000 at 5 Resolved, That the treasurer of the Commonwealth be
percent. and he is hereby authorized and directed to issue scrip or
certificate of debt, under his signature and the seal of the
Commonwealth, to the amount of one hundred thousand
dollars, bearing interest at a rate not exceeding five per cent.
per annum, payable semi-annually, on the first days of July
and January, and redeemable at any time within two years
from the first day of July, in the year one thousand eight
hundred fifty-one, at the pleasure of the Legislature ; the
Scrip not to be said scrip to be sold at not less than its par value, and the
sold at less than proceeds thereof to be applied to the payment of any debt
now existing, or to be incurred during the present year, for
money borrowed in anticipation of the revenue. [ Approved
by the Governor, May 24, 1851.]
Chap. 91. Resolve on the Petition of John Delahanty, for leave to hold Real Estate.
Resolved, for reasons set forth in said petition, that John
Authorized to Delahanty be and he hereby is authorized to hold certain
hold real estate. reaj estate, by him purchased of Francis F. King, situated
in Rutland, in the county of Worcester, and to take and
hold other real estate, in like manner as if he were a natu-
ralized citizen of the United States of North America.
[Approved by the Governor, May 24, 1851.]
Chap. 92. Resolve concerning Education.
Resolved, That the secretary of the board of education
Publications au- be authorized to publish, for general distribution, a pamph-
thonzed. iet or pamphlets containing such portions of his annual re-
ports, and such other matter, as he may deem best adapted
to promote the interests of common school education : pro-
vided, that the expense of such publication and distribution
shall not exceed, in any one year, the sum of two hundred
dollars. [Approved by the Governor, May 24, 1851.]
Chap. 93. Resolve in favor of William H. Bradford.
Resolved, That in consideration that William H. Brad-
1851.— —Chap. 93. 889
ford, a member elect of this house for the town of Ply-
mouth, has, by an accidental injury to his person, and by
providential insanity, been prevented from attending during
the session thus far, and there is no probability of his at-
tendance during the continuance of the same, he being
still insane, aud in consideration of the great expense and
misfortune of the said Bradford, there be allowed and paid Allowed pay
to him, out of the treasury of the Commonwealth, such a0nrce\nTtravei,
sum as he would have been and would be entitled to, had as a member of
he been free from his misfortune, and attended during the court?"6™
whole session, and travelled from said Plymouth ; and that
a warrant be drawn therefor. [Approved by the Governor,
May 24, 1851.]
VALUATION
POLLS AND PROPERTY OF THE COMMONWEALTH,
As established by the tioo branches of the Legislature,
by concurrent vote, Api'il 28, 1851.
COUNTY OF SUFFOLK.
TOWNS.
POLLS.
PROPERTY.
Tax on $1000,
including Polls at
1-2 mill each.
Boston,
Chelsea,
North Chelsea,
31,921
1,554
230
#213,310,067 00
3,475,161 00
801,944 00
#328 98
5 87
1 30
33,705
$217,587,172 00
#336 15
COUNTY OF ESSEX.
Amesbury,
819
#1,020,425 00
#1 92
Andover,
1558
3,131,122 75
5 37
Beverly,
1371
2,156,012 85
3 85
Boxford,
272
538,288 67
93
Bradford,
279
368,278 00
68
Danvers,
1938
3,312,779 10
5 83
Essex,
384
633,895 20
1 12
Georgetown, -
525
715,213 00
1 31
Gloucester,
1882
2,369,251 95
4 42
Groveland,
330
397,079 00
74
Hamilton,
222
452,403 00
77
Haverhill,
1522
2,243,497 00
4 05
Ipswich,
707
1,062,792 50
1 91
Lawrence,
2208
6,003,716 20
9 92
Lynn,_
3279
4,148,989 40
7 73
Lynnfield,
232
345,356 00
62
Manchester,
411
499,507 50
94
Marblehead,
1395
2,033,990 60
3 69
Methuen,
634
1,059,148 45
1 87
Middleton,
188
310,417 00
53'
Newbury,
361
663,155 30
1 16
Newburyport, -
2770
5,390,069 55
9 30
Rockport,
777
672,410 07
1 37
Rowley,
282
456,089 37
81
VALUATION OF POLLS AND PROPERTY.
891
Essex — Continued.
Tax on $1000,
TOWNS.
POLLS.
PROPERTY.
including Polls at
1-2 mill each.
Salem,
4358
$13,654,738 70
#22 24
Salisbury,
690
1,023,861 83
1 84
Saugus,
374
491,917 50
91
Topsfield,
313
468,981 30
84
Wenham,
331
354,409 00
68
West Newbury,
414
578,671 10
1 06
30,816
#56,556,466 89
#98 41
COUNTY OF MIDDLESEX.
Acton,
410
#541,225 00
#0 99
Ashby,
340
580,860 00
1 02
Ashland,
357
407,121 00
78
Bedford, - .
251
350,999 00
64
Billerica,
370
870,595 00
1 47
Boxborough,
112
239,712 00
41
Brighton,
645
1,634,725 00
2 72
Burlington,
155
287,868 00
50
Cambridge,
3461
10,608,787 70
17 32
Carlisle,
182
323,524 00
56
Charlestown, -
3961
8,624,690 00
14 66
Chelmsford,
543
958,369 00
1 67
Concord,
575
1,262,803 20
2 14
Dracut,
440
700,182 00
1 24
Dunstable,
168
361,061 00
61
Framingham, -
961
1,910,613 00
3 28
Groton,
547
1,451,025 00
2 40
Holliston,
670
821,596 00
1 53
Hopkinton,
811
887,091 50
1 70
Lexington,
532
1,170,428 00
1 99
Lincoln,
192
482,822 00
80
Littleton,
264
471,879 00
82
Lowell,
7857
16,866,919 10
28 72
Maiden,
918
1,731,662 40
3 00
Marlborough, -
834
1,172,267 00
2 14
Medford, - . -
1033
2,409,333 00
4 06
Melrose,
325
505,098 00
90
Natick,
844
916,210 00
1 76
Newton,
1308
3,157,340 00
5 29
Pepperell,
482
740,823 80
1 32
Reading,
906
1,071,042 00
2 02
Sherburne,
292
516,983 00
90
Shirley,
303
569,910 00
98
Somerville,
715
2,102,631 00
3 45
South Reading,
630
755,019 00
1 41
Stoneham,
629
481,862 00
1 01
Stow,
356
623,390 00
1 09
Sudbury,
424
915,867 00
1 55
Tewksbury,
309
616,308 00
1 06
Townsend,
488
855,970 00
1 50
892
VALUATION OF POLLS AND PROPERTY
Middlesex — Continued.
Tax on $1000,
TOWNS.
POLLS.
PROPERTY.
including Polls at
1-2 mill each.
Tyngsborough,
191
$492,830 00
$0 82
Waltham,
1134
2,778,446 50
4 65
Watertown,
738
2,351,583 20
3 82
Wayland,
313
479,084 00
86
West Cambridge,
598
1,671,644 10
2 75
Westford,
376
814,078 00
1 38
Weston,
316
708,876 00
1 20
Wilmington, -
241
399,643 00
70
Winchester,
375
649,346 00
1 14
Woburn,
937
1,962,577 00
3 36
39,819
$83,264,719 50
$142 09
COUNTY OF WORCESTER.
Ashburnham, -
493
$681,420 00
$1 25
Athol,
571
639,384 00
1 23
Auburn,
266
399,896 00
72
Barre,
746
1,430,964 00
2 47
Berlin,
205
276,330 00
50
Blackstone,
1232
1,705,166 00
3 12
Bolton,
322
525,254 00
93
Boylston,
239
450,982 60
78
Brookfield,
456
632,064 00
1 16
Charlton,
560
942,701 00
1 66
Clinton,
602
909,148 00
1 63
Dana,
218
211,123 00
42
Douglas,
537
678,709 00
1 26
Dudley,
376
651,391 00
1 14
Fitchburg,
1320
2,039,864 60
3 65
Gardner,
426
558,389 60
1 03
Grafton,
1003
1,356,063 00
2 49
Hardwick,
412
829,396 00
1 42
Harvard,
457
741,352 00
1 32
Holden,
459
787,834 50
1 39
Hubbardston, -
473
643,503 00
1 18
Lancaster,
380
674,224 00
1 18
Leicester,
607
1,219,330 00
2 10
Leominster,
867
1,244,051 10
2 26
Lunenburg,
323
636,547 00
1 09
Mendon,
384
668,839 60
1 17
Milford,
1502
1,144,721 00
2 43
Millbury,
767
985,030 00
1 82
New Braintree,
200
554,624 00
91
North Brookfield,
539
651,332 00
1 22
Northborough, -
395
625,596 00
1 12
Northbridge, -
598
627,979 70
1 22
Oakham,
291
413,351 00
76
Oxford,
645
955,645 00
1 72
Paxton,
228
298,714 00
55
Petersham,
409
792,077 00
1 37
IN THE COMMONWEALTH.
Worcester — Continued.
893
Tax on $1000,
TOWNS.
POLLS.
PROPERTY.
including Polls at
1-2 mill each.
Phillipston,
202
$383,141 00
#0 66
Princeton,
311
631,911 00
1 09
Royalston,
441
751,008 00
1 38
Rutland,
324
513,447 00
91
Shrewsbury,
482
788,836 00
1 40
Southborough, -
385
598,407 60
1 07
Southbridge, -
687
1,131,673 00
2 00
Spencer,
605
828,611 00
1 52
Sterling,
452
801,310 00
1 40
Sturbridge,
525
846,330 00
1 50
Sutton,
641
977,822 00
1 75
Templeton,
598
877,725 00
1 59
Upton,
526
601,308 00
1 14
Uxbridge,
648
1,129,366 50
1 98
Warren,
431
686,931 00
1 23
Webster,
561
801,934 00
1 46
West Boylston,
424
531,117 00
99
West Brookfield,
347
528,764 00
95
Westborough, -
550
768,499 50
1 40
Westminster, -
519
732,784 00
1 33
Winchendon, -
676
918,365 00
1 69
Worcester,
4828
11,085,506 70
18 67
34,671
#55,497,794 00
#98 78
COUNTY OF HAMPSHIRE.
Amherst,
660
#1,187,267 00
#2 07
Belchertown, -
660
830,356 00
1 55
Chesterfield,
257
384,115 00
68
Cummington, -
308
375,196 00
70
Easthampton, -
247
434,564 00
75
Enfield,
259
450,684 00
78
Goshen,
135
178,995 00
32
Granby,
250
395,537 00
70
Greenwich,
216
228,570 00
48
Hadley,
507
904,424 00
1 59
Hatfield,
305
706,290 00
1 19
Middlefield, -
201
299,904 00
54
Northampton, -
1411
2,504,144 00
4 37
Norwich,
187
241,678 00
45
Pelham,
221
214,606 00
43
Plainfield,
209
286,006 00
52
Prescott,
164
253,561 00
45
South Hadley, -
576
663,482 00
1 26
Southampton, -
311
377,282 00
70
Ware,
900
1,108,228 00
2 08
Westhampton, -
179
215,719 00
40
Williamsburg, -
414
647,359 00
1 15
Worthington, -
278
443,273 00
83
8855 #13,331,240 00
#23 99
894
VALUATION OF POLLS AND PROPERTY
COUNTY OF HAMPDEN.
Tax on $1000,
TOWNS.
POLLS.
PROPERTY.
including Polls at
1-2 mill each.
Blandford,
404
#516,896 00
$0 96
Brimfield,
386
672,008 00
1 17
Chester,
390
423,265 00
82
Chicopee,
1913
3,442,597 00
6 02
Granville,
336
384,110 00
73
Holland,
116
141,897 00
27
Holyoke,
1117
1,812,854 00
3 22
Longmeadow, -
347
845,966 00
1 41
Ludlow,
288
459,837 00
81
Monson,
612
916,185 60
1 65
Montgomery, -
108
159,691 00
28
Palmer,
896
1,208,435 67
2 23
Russell,
146
167,528 00
31
Southwick,
314
525,318 00
93
Springfield,
3465
6,375,453 50
11 10
Tolland,
148
202,555 00
36
Wales,
187
217,938 00
41
West Springfield,
715
1,661,640 50
2 80
Westfield,
1070
1,563,758 00
2 84
Wilbraham,
481
923,287 50
1 60
13,439
$22,621,220 77
$39 92
COUNTY OF FRANKLIN.
Ashfield,
385
#525,901 00
#0 96
Bernardston,
248
375,306 00
67
Buckland,
276
227,773 00
56
Charlemont,
294
361,311 00
67
Coleraine,
435
642,893 00
1 15
Conway,
444
679,492 00
1 21
Deerfield,
650
1,009,306 00
1 80
Erving,
145
154,821 00
29
Gill,
189
293,207 00
52
Greenfield,
643
1,072,889 00
1 89
Hawley,
215
273,212 00
50
Heath,
179
263,640 00
47
Leverett,
234
266,704 00 -
50
Leyden,
153
199,268 00
36
Monroe,
64
60,538 00
11
Montague,
374
447,222 00
84
New Salem,
309
410,657 00
75
Northfield,
477
726,681 00
1 30
Orange,
445
686,974 00
1 22
Rowe,
163
215,432 00
39
Shelburne,
290
470,874 00
83
Shutesbury,
218
248,125 00
56
Sunderland,
209
316,442 00
56
Warwick,
256
454,605 00
79
Wendell,
260
389,204 00
70
Whately,
311
438,772 00
79
7866
#11,211,309 00
20 39
IN THE COMMONWEALTH.
COUNTY OF BERKSHIRE.
895
Tax on $1000,
TOWNS.
POLLS.
PROPERTY.
including Polls at
1-2 mill each.
Adams,
1391
$1,724,484 00
#3 23
Alford,
J 39
219,734 60
39
Becket,
340
313,915 00
63
Boston Corner,
14
12,455 00
3
Cheshire,
368
516,586 50
94
Clarksburg1,
91
94,835 00
19
Dalton,
258
451,247 00
79
Egremont,
291
453,165 00
81
Florida,
130
145,049 00
28
Great Barrington,
845
1,288,176 00
2 31
Hancock,
190
355,151 00
62
Hinsdale,
295
403,324 00
74
Lanesborough,
341
501,445 00
91
Lee,
807
966,320 00
1 82
Lenox,
369
524,500 90
95
Monterey,
170
227,960 00
41
Mount Washington,
78
93,402 00
17
New Ashford, -
57
99,966 00
17
New Marlborough,
488
495,871 00
97
Otis,
320
319,400 00
63
Peru,
133
197,142 00
36
Pittsfield,
1464
2,660,744 60
4 64
Richmond,
238
367,058 00
66
Sandisfield,
427
463,328 00
89
Savoy,
259
171,936 00
38
Sheffield,
653
1,108,145 00
1 96
Stockbridge,
418
733,871 40
1 29
Tyringham,
198
239,086 00
45
Washington, -
208
236,195 00
45
West Stockbridge,
462
541,186 00
1 02
Williamstown, -
586
973,309 00
1 72
Windsor,
236
298,619 00
56
12,264
$17,197,607 00
#31 37
COUNTY OF NORFOLK.
Bellingham,
322
$517,797 87
$0 92
Braintree,
730
1,054,783 30
1 91
Brookline,
666
5,436,854 50
8 32
Canton,
610
1,387,372 75
2 34
Cohasset,
428
746,872 68
1 31
Dedham,
1222
2,999,518 87
5 01
Dorchester,
1991
6,785,916 46
10 97
Dover,
187
295,704 00
52
Foxborough,
455
648,072 75
I 18
Franklin,
418
648,436 00
1 16
Medfield,
243
459,846 00
80
Med way, - -
761
867,176 00
1 65
Milton,
566
1,733,127 00
2 82
Needham,
547
799,789 75
1 44
114
S9b
VALUATION OF POLLS AND PROPERTY
Norfolk — Continued.
TOWNS.
POLLS.
PROPERTY.
Tax on $1000,
including Polls afe
1-2 mill each.
Quincy,
Randolph,
Roxbury,
Sharon,
Stoughton,
Walpole,
Weymouth,
Wrentham,
1355
1354
4125
325
942
434
1239
710
#2,085,625 38
1,663,428 25
13,613,731 50
548,452 25
1,093,296 00
812,984 50
1,714,014 75
1,121,721 00
#3 74
3 12
22 03
96
2 07
1 41
3 14
2 00
19,630
#47,034,521 56
#78 82
COUNTY OF BRISTOL.
Attleborough, -
1037
#1,038,000 00
#2 05
Berkley,
225
261,405 00
58
Dartmouth,
1014
2,279,942 00
3 84
Dighton,
400
517,487 00
95
Easton,
607
707,887 00
1 33
Fairhaven,
1050
3,248,990 00
5 28
Fall River,
2893
6,091,250 00
10 39
Freetown,
364
565,096 00
1 00
Mansfield,
451
378,902 00
77
New Bedford, -
3781
14,489,266 00
23 18
Norton,
455
714,021 00
1 26
Pawtucket,
891
916,587 00
1 78
Raynham,
331
514,908 00
91
Rehoboth,
508
689,206 00
1 25
Seekonk,
499
695,324 00
1 26
Somerset,
275
463,495 00
81
Swanzey,
309
544,232 00
94
Taunton,
2556
3,701,472 00
6 71
Westport,
736
1,451,080 00
2 49
18,382
$39,243,560 00
$66 78
COUNTY OF PLYMOUTH.
Abington,
1474
#1,466,878 00
#2 89
Bridgewater, -
712
1,222,351 00
2 15
Carver,
272
347,995 00
65
Duxbury,
695
1,076,363 00
1 93
East Bridgewater,
656
814,600 00
1 53
Halifax,
208
255,884 00
49
Hanover,
387
550,089 00
1 00
Hanson,
290
376,786 00
70
Hingham,
1137
1,570,886 00
2 87
Hull,
61
117,823 00
20
Kingston,
430
853,645 00
1 46
Marshfield,
454
643,191 00
1 17
Middleborough,
1307
1,603,928 00
3 0Q
*N THE COMMONWEALTH.
Plymouth — -Continued.
897
Tax on $1000,
TOWNS.
POLLS.
PROPERTY.
including l'olls at
*
1-2 mill each.
North Bridgewater,
1076
$1,043,150 00
$2 07
Pembroke,
355
440,917 00
82
Plymouth,
1489
2,473,123 00
4 38
Plympton, *.
243
330,503 00
61
Rochester,
950
1,181,629 00
2 21
Scituate,
548
664,955 00
1 25
South Scituate,
454
747,414 00
1 33
Wareham,
865
901,603 00
1 75
West Bridgewater,
347
516,955 00
93
14,410
$19,200,668 00
$35 38
COUNTY OF BARNSTABLE.
Barnstable,
1164
$1,522,871 00
$2 81
Brewster,
346
334,827 45
66
Chatham,
561
484,718 25
99
Dennis,
739
798,934 14
1 54
Eastham,
212
185,714 50
38
Falmouth,
624
954,466 75
1 71
Harwich,
721
524,699 75
1 13
Orleans,
414
325,576 30
69
Provincetown, -
663
1,043,135 00
1 86
Sandwich,
1052
1,314,391 15
2 44
Truro,
490
367,199 50
79
Wellfleet,
546
294,228 00
71
Yarmouth,
572
746,587 95
1 39
8104
$8,897,349 74
$17 10
COUNTY OF DUKES CO.
Chilmark,
Edgartown,
Tisbury,
207
490
465
1162
$471,365 00
670,834 00
555,806 00
$1,698,005 00
$0 79
1 23
1 05
$3 07
COUNTY OF NANTUCKET.
Nantucket,
$7 75
898
VALUATION OF POLLS AND PROPERTY.
RECAPITULATION.
♦
Tax on $1000,
COUNTIES.
POLLS.
PROPERTY.
including Polls at
1-2 mill each.
Suffolk,
33,705
#217,587,172 00
#336 15
Essex,
30,816
56,556,466 89
98 41
Middlesex,
39,819
83,264,719 50
142 09
Worcester,
34,671
55,497,794 00
98 78
Hampshire,
8,855
13,331,240 00
23 99
Hampden,
13,439
22,621,220 77
39 92
Franklin,
7,866
11,211,309 00
20 39
Berkshire,
12,264
17,197,607 00
31 37
Norfolk,
19,630
47,034,521 56
78 82
Bristol,
18,382
39,243,560 00
66 78
Plymouth,
14,410
19,200,668 00
35 38
Barnstable,
8,104
8,897,349 74
17 10
Dukes County,
1,162
1,698,005 00
3 07
Nantucket,
2,019
4,595,362 00
7 75
245,142
#597,936,995 46
#1000 00
INAUGURAL ADDRESS
OF
HIS EXCELLENCY GEORGE S. BOUTWELL.
Representatives' Chamber, Jan. 16th, 1851.
At twelve o'clock, His Excellency the Governor, accompanied
by His Honor the Lieutenant Governor, the members of the
Executive Council, and the various officers of the govern-
ment, attended by a Joint Committee of the two Houses,
and the Sheriff of Suffolk, met the Senate and House of
Representatives in convention, and delivered the following"
ADDRESS:
Gentlemen of the Senate, and of the
House of Representatives :
In compliance with established and appropriate usage, I have
met the two branches of the Legislature, for the purpose of
making those recommendations which appear to me important
or beneficial to the Commonwealth.
The seventh decennial period in its history and political
institutions has just closed, and, by the blessing of Divine
Providence, it has been the most distinguished of all for the
happiness and prosperity of the people.
We shall truly appreciate the blessings of the age in which
we live if we contrast it with the gloomy period of 1780 to
1790, when our State endured the calamities of individual and
national poverty, and the horrors of domestic and foreign war.
The population of the State has increased from seven hun-
dred and thirty-seven thousand, in 1840, to nearly one million,
in 1850; while, in the same period, its valuation has risen from
three hundred to six hundred millions of dollars. Extreme
900 GOVERNOR'S ADDRESS.
poverty is so unusual that all may be said to enjoy the necessa*
ries of life ; and our system of public instruction is so extended
and elevated, that every child has the means of becoming a
well-educated person. Wealth has been accumulated in every
department of industry, though agriculture and manufactures
are temporarily less prosperous than commerce.
The system of railways by which the seacoast is connected
with the interior, even to the Canadas and the Great Lakes,
has given a commercial importance and character to the State
which could not have been anticipated at the commencement
of the present century. Nor has any section of the country
been more benefited by the existence, stability and general
policy of the national government, than Massachusetts.
If it be certain, that one of her important interests has been
unfavorably affected by the present revenue system, it is proba-
ble that sufficient relief would be afforded by substituting an
actual valuation of imports for foreign invoices. There is, how-
ever, reason to believe that, without legislation, all branches of
industry will soon enjoy a good degree of prosperity. Our
chief reliance must be upon our natural advantages, and the
superior intelligence, assiduity and enterprise of our laboring
population.
We are not, then, as true representatives of the character and
interests of the State, to engage in the work of destruction,
but by careful and judicious legislation, to remove such evils
as may exist, and give proper encouragement to industry, edu-
cation and good morals.
It is one of the high duties of government to secure to every
man an equal opportunity to acquire property, and equal rights
in the possession of property. General laws, so far as they are
applicable to business purposes, should take the place of special
legislation. But whenever the latter is necessary, it is one of
the most delicate duties to manifest a spirit of liberality on the
one hand, and guard against all excesses of legislation on the
other.
The wisdom of our ancestors is no where more apparent
than in the early and permanent provision they made for public
instruction ; and we may indulge the gratifying reflection, that
their example has always been imitated, though not in a man-
ner corresponding to the increased wealth of later times.
We have no rank among the large states of this Union, de-
rived either from population or extent of territory ; but the
time can never come, when a million of well-educated people
shall fail to exert influence in every part of this ocean-bound
republic. You cannot expect to secure this desirable result by
any other agency than the Common School. Such appears to
be the opinion of the people. In 1850, the several towns and
GOVERNOR'S ADDRESS. 901
cities raised, by taxation, eight hundred and sixty-four thou-
sand dollars for the support of schools, being an increase of
thirty-four thousand dollars over the appropriations of the pre-
ceding year. The total expenditures for educational purposes
during the year 1850, were not less than twelve hundred and
fifty thousand dollars.
The School Fund amounts to nine hundred and eighty-six
thousand dollars, and is limited by law to one million of dollars.
When this fund shall have reached its maximum, its income,
distributed among two hundred thousand children, will furnish
only the inconsiderable sum of thirty cents towards the educa-
tion of each. If it were possible, I would not advise such an
addition as should relieve the towns from taxation, but it could
not be dangerous to allow the fund to increase to one and a
half or two millions of dollars. It should also be borne in
mind, that the increase of population diminishes annually the
capacity of the fund to furnish education to each child. I do,
therefore, most respectfully recommend to your consideration
an additional appropriation of the proceeds of the public lands
to this object.
It is expected that you will, during the present session, be
made acquainted with the quantity and value of the lands now
unsold in which the State is interested. A large portion of
them are the joint property of Massachusetts and Maine ; and
as the interests of the two states are not, in all respects, iden-
tical, it may appear to you advisable to take measures for a
division. The system of sales is, in many respects, objection-
able, and I cannot hesitate to express the opinion that legislation
upon the subject is much needed.
1 learn from the Auditor, that, including the balance in the
treasury on the first of January, 1850, the ordinary receipts for
that year were four hundred and ninety-six thousand eight
hundred and sixty-four dollars ; and that the ordinary expendi-
tures, excluding payments to the valuation committee, were
five hundred and fifty-six thousand and fifty-five dollars, there-
by showing a deficit of rather" more than fifty-nine thousand
dollars. This deficit is covered by a temporary loan of sixty-
five thousand dollars, and thus a balance of nearly six thousand
dollars appears in the treasury on the first of January, 1851.
The estimates of the Auditor also show that the expendi-
tures of the current year will exceed the income in the sum of
thirty thousand dollars, and that a loan of fifty thousand dollars
will be required on account of the prison at Charlestown.
The indebtedness of the State, exclusive of railroad liabili-
ties, is as follows, viz. :
Temporary loan of sixty-five thousand dollars; State Reform
School loan, of one hundred thousand dollars; and Prison loan,
902 GOVERNOR'S ADDRESS.
of fifty thousand dollars, — making an aggregate of two hun-
dred and fifteen thousand dollars. And if there be added,
agreeably to the estimate of the Auditor, to the Prison loan,
fifty thousand dollars, and to the Temporary loan, thirty thou-
sand dollars, the debt of the State on the first of January,
1852, will be two hundred and ninety-five thousand dollars.
While this debt is insufficient to excite serious apprehensions,
it is not wise to allow a continuous annual deficit.
I have not made such an examination of the items of expen-
diture, as enables me to express an opinion whether they may
or may not be reduced.
They will be affected by the legislation, and materially con-
trolled by the length, of the present session. The daily ex-
penses of the Legislature will be unusually large, and a session
of ordinary length will give an aggregate cost beyond that of
former years.
I do not advise the neglect of any important business, but
the circumstances to which I have referred will justify a public
expectation of promptitude and economy. In a moment of
prosperity it appears to be better policy to increase the revenues
of the State, even by taxation, than to permit the accumula-
tion of a public debt. But I trust that your wisdom will pre-
vent a resort to either of these courses.
In Massachusetts, as in several of the New England States,
the House of Representatives is based upon a combination of
the numerical right of the people and the corporate right of
the towns and cities. Each town and city enjoys a govern-
ment which possesses a wonderful degree of completeness and
sovereignty. The present system of representation has existed
for so long a period, and has flpon the whole been so well
sustained by the public judgment, that it does not seem advisa-
ble to abolish it, with the idea of establishing a system based
upon population alone. Its effect is to preserve a degree of
equality between the sparse and dense portions of the State,
and also to give a nearer equality of power to the different
leading branches of industry.
If the principle of the provisions of the constitution on this
subject is to be sustained, some amendment is necessary. In
the last ten years, large additions have been made to the popu-
lation of the State, but not to every section nor to every branch
of industry in equal proportions. While there should be none
but the kindest feelings between different sections, and between
those engaged in different industrial pursuits, the preponder-
ance of one section or one interest cannot be regarded other-
wise than a public evil. Unless some change shall be made,
many towns will be unrepresented a large portion of the present
ten years. As the right of representation is one of the most
GOVERNOR'S ADDRESS. 903
important rights of the citizen, so the duty of providing for its
free and just exercise is one of the most important duties of
the government.
The value of the right of representation depends materially
upon the security and independence of the right of suffrage.
This latter is not the original right of the government conferred
upon the citizen, but the right of the citizen by which he
takes his part in the constitution and management of the gov-
ernment.
The public, therefore, can properly establish such regulations
only as are necessary for the general convenience and safety.
The publicity of the ballot does not appear to be a regulation
of this sort, as its entire secrecy is consistent with the safety
and convenience of the whole community.
You may think it desirable to establish single representative
districts in the cities, and single senatorial districts throughout
the Commonwealth. Were this change made, the Legislature
would more truly represent the whole people ; while a closer
intimacy and a more direct responsibility would exist between
the representative and the electors.
Similar provisions have been adopted by other states, and
the law of the United States requiring single districts for the
election of members of Congress, is based upon the same prin-
ciple.
Your predecessors have repeatedly considered the propriety
of electing representatives in Congress by a plurality of votes,
at the second or third trial.
The law of the United States, which requires each state to
be districted, does not confer upon a district the right to
consider the question whether it will or will not be repre-
sented. This right of representation is a state right ; and when
it is ascertained by experience that a particular system fails to
secure the object of all elections, — representation and govern-
ment,— it is clearly within the province of the Legislature to
make the necessary amendments.
At the last session of the Legislature, an alteration was pro-
posed in the corporation of Harvard College ; and, in the regu-
lar course of business, the measure will be brought to the notice
of the house of representatives. The examination and reflec-
tion which I have given to the subject have left no doubt in
my mind of the right of the Legislature to make important
changes in the government of this institution. But it should
be remembered that the right coexists with the duty to exercise
it only for the benefit of education throughout the Common-
wealth. It is in this view alone that the subject is now intro-
duced to your notice.
Whenever the legislative power is exercised, due regard
115
904 GOVERNOR'S ADDRESS.
should be had to the rights of the college and the laudable
purposes for which it was established ; but, within the ac-
knowledged limits of that power, there should be no hesitation
in adopting any practicable measure calculated to advance the
interests of learning.
I am not aware that the militia system requires any altera-
tion ; but as it is made by the constitution an important part of
our government, great care should be taken to preserve the
organization and efficiency of the active corps.
There are several subjects of importance, which have been
referred to commissions, whose reports, as I have reason to be-
lieve, will be laid before you during the present session. I do
not regard this as the appropriate occasion for their discussion.
The charitable institutions of the State deserve the careful
consideration of the Legislature ; and I shall cheerfully concur
in all reasonable appropriations and measures in their behalf.
In ordinary times I should omit the discussion of topics
which are national in their character ; but the excitement
which has sprung from the institution of slavery, and the
examination of questions connected with it, seem to justify
some deviation from this general policy.
The institution of slavery is older than our government, and
is one of the most important subjects which the American mor-
alist or statesman can contemplate. It exists in nearly one half
of the states of this Union, and is recognized by the constitu-
tion which has been adopted by all. Where it exists it is re-
garded as a benefit ; where it does not exist it is regarded as an
evil.
One portion of the country has a pecuniary interest in its
existence, equal to many hundred millions of dollars ; the other
regards it as a moral, political, social and industrial evil, which
dishonors labor, and degrades the laborer within the sphere of
its influence. The actual conflict of these opposite interests
and opinions, unless regulated by the constitution, would end
in the destruction of the American Union.
It may not, then, be inappropriate to consider how far the
institution of slavery is a general subject of legislation, and
therefore of general political interest, and how far its existence
and responsibility are local, and the subjects of local legislation
only.
By the peace of 1783, each of the thirteen former colonies
rose at once to the rank of a free and sovereign state ; having
the right, of course, as such to abolish any of its old institu-
tions, or to establish new ones. The constitution of 1780
neither added to nor materially diminished these powers. It
did not recognize any of the existing institutions of the states,
except so far as was necessary to render the general government
a perfect and harmonious system.
GOVERNOR'S ADDRESS. 905
it was absolutely necessary to determine the basis of" repre-
sentation and taxation among the states. The provision for
the delivery of fugitives from service or labor was in the na-
ture of a treaty between sovereign states, and for its fulfilment
the general government was clothed with sufficient authority.
If it appear from the language of the constitution that the
manner of delivery should be left to the several states, the su-
preme court appears to have decided otherwise. It must then
be considered as settled, that the manner of delivery is to be
determined by Congress. As this body represents all the
states and all the people, its acts are binding upon every state
and each citizen, unless the judicial tribunals shall declare them
to be unconstitutional. A law thus passed may be, in the
opinion of a state or an individual, unjust, inexpedient, or un-
constitutional ; yet this opinion furnishes no excuse for illegal-
ly nullifying its power or resisting its execution.
A remedy for its injustice or inexpediency must be sought in
the legislative, and for its unconstitutionality in the judicial,
departments of the government. Until there can be a success-
ful appeal in one or the other of these forms, no true citizen
can interfere with the due execution of the law.
There is no security for person and property, for life and lib-
erty, in any other doctrine than this. If a state have a right
to nullify, or a citizen to resist, an act of Congress, our gov-
ernment ceases to be a government of laws, and becomes one
of men.
I have not made these observations because I think that it is
in Massachusetts only or chiefly that the doctrine of obedience
to the law should be inculcated. Her people are a law-abiding
people. Whatever she has of renown in the past, of prosperity
in the present, or hope in the future, is intimately connected
with this principle. But it is too true that some sections of
the Union appear ready to threaten its existence upon occasions
comparatively unimportant. And when a state seriously con-
templates the dissolution of this confederacy, it is a solemn
political event, whether such state has or has not just cause for
the position it takes. If, however, it shall pursue its suicidal
course to extremities, it is important to every other state that
the whole responsibility should be upon her. It is for this
reason that I cannot advise the passage of any measure calcu-
lated to increase the excitement which unhappily exists, even
though that excitement have no just foundation.
While the act of 1850, for the delivery of fugitives from
service, is binding upon us, it is just to say that in some of its
provisions it appears not to have proper regard to the rights of
the alleged fugitive, or to the sentiments of the community in
which the law is to be executed.
90$ GOVERNOR'S ADDRESS.
If, however, the right of the slave states be admitted, the
manner of delivery is principally important in one point of
view. If, under color or sanction of the law, free citizens shalf
be consigned to slavery, it will be the duty of all just and con-
siderate men of every party and every section to unite in the
removal of its obnoxious features.
The provision of the constitution on which this law is based
can never be properly construed, either by Congress or the
courts, to endanger the liberties of free citizens.
But, whatever may be our opinions of the policy of the gov-
ernment, or the course of particular states, all of us must
admit that the evils we surfer in the Union are not to be com-
pared with that general ruin which will inevitably result from
its dissolution. If we shall exhibit, in the present crisis, a lib-
eral spirit of patriotism and justice, we may reasonably expect
a similar manifestation by other states of the confederacy. If
{his expectation shall not be realized, the consequences will be
upon others, and not upon us. I think Massachusetts can af-
ford to take a leading position in this matter. Her free insti-
tutions have given to the north a vast increase of wealth and
numbers. The census of 1850 will establish its power in
the house of representatives by a delegation hardly less than
two-thirds of the whole number. By the admission of Cali-
fornia we have a majority of two in the senate : while the
majority in both branches is destined to be increased by the
freedom of Delaware, and the admission of Oregon, New Mex-
ico and Minnesota, within the present ten years. In this view
of the positive and prospective power of the north, there seems
to be no occasion to despair either of our free institutions or
our country.
The entire coast of the Pacific is dedicated to freedom.
The commerce of the country is in the hands of the north.
These are important facts in determining the future relative
power of the two sections of the country.
The introduction of manufactures into the south will lead to
inquiries as to the relative cost of free and slave labor, and the
great truth will be elicited, that the former is the only econom-
ical system.
It was not more certain in the warlike ages of the world that
the inferior race must give way to the superior, than it is in this
commercial age that every involuntary system must gradually
bend before the hardihood and enterprise of the intelligent and
independent laboring classes of the country.
Let us have confidence in the almost universal opinion of
the world that slavery is a great evil, — in the character of our
institutions, which favor freedom and not servitude, — in the
MESSAGES. 907
power of free labor, which first oppresses and then supplants
less economical systems, — and, above all, in the adventurous
yet conservative spirit of the north, which rapidly converts the
unexplored regions of the west into populous and influential
states.
In the consciousness of strength let us be just ; and as we
fulfil our treaty stipulations with foreign governments, whose
institutions we do not approve, let us faithfully perform the du-
ties our fathers assumed, for themselves and for us, to the sov-
ereign states of this confederacy.
Gentlemen :
I have been called to the chief magistracy of the Common-
wealth at an early period of life, and without those tokens of
popular preference which my predecessors have enjoyed.
I am, however, none the less grateful for the indications of
public confidence which I have received. It is my purpose, in
the discharge of the duties before me, to regard the whole peo-
ple of the Commonwealth as one people, whose great political
object is a just administration of public affairs.
MESSAGES.
To the House of Representatives :
I herewith transmit, for the use of both branches of the Leg-
islature, the First Report of the Commissioners appointed to Re-
vise and Reform the Proceedings in the Courts of Justice in this
Commonwealth.
GEORGE S. BOUTWELL.
Council Chamber, January 22, 1851.
To the Senate :
I herewith transmit, for the use of both houses, certain reso-
lutions of the state of Vermont for the promotion of peace ;
also, certain resolutions passed by the convention to revise the
constitution of the state of New Hampshire.
I have transmitted to the house of representatives, for the
use of both houses, the following reports communicated to this
department of this government : —
1. The Report of the Commissioners appointed to Revise
908 MESSAGES.
and Reform the Proceedings in the Courts of Justice in this
Commonwealth.
2. The Report of the Commissioners concerning Agricul-
tural Schools.
3. The Report of the Trustees of the State Lunatic Hos-
pital.
4. The Report of the Treasurer of the State Reform School.
5. The Report of the Trustees of the State Reform School.
6. The Reports of the Inspectors, Warden, Chaplain and
Physician of the State Prison.
GEORGE S. BOUTWELL.
Council Chamber, January 28, 1851.
To the House of Representatives :
I herewith transmit to the house of representatives, for the
use of the Legislature, the Report of the Commissioners appoint-
ed to consider the subject of Reform Schools for Girls.
GEORGE S. BOUTWELL.
Council Chamber, March 5, 1851.
To the House of Representatives :
I herewith transmit, for the use of both houses, the First Re-
port of the Commissioners appointed under the Resolves con-
cerning Boston Harbor and Back Bay, approved May 3, 1850.
GEORGE S. BOUTWELL.
Council Chamber, March 24, 1851.
To the House of Representatives :
I herewith communicate, for the information of the Legisla-
ture, the Report of the Commissioners appointed under Resolves
" concerning the Boundary Line between the states of Rhode
Island and Massachusetts," passed May 10, 1848. From this
report it appears that the effort, so often renewed, to settle the
line between Massachusetts and Rhode Island, has failed. The
resolves declared, " that if such boundary line shall not be rat-
ified and confirmed before the first day of May, in the year
one thousand eight hundred and forty-nine, the governor is
hereby authorized to institute such process as he may deem
proper, in the supreme court of the United States, for the pur-
pose of having a final adjudication upon said line."
This power has not been exercised by the executive ; and it
is for the Legislature to consider whether it shall or shall not
be modified or annulled. Should there be no legislation upon
the subject, during the present session, I shall consider it to be
my duty to institute such process as may lead to a judicial de-
cision. Nor can I advise any further delay in the matter. It
MESSAGES. 909
is believed that the various boards of commissioners have had
a sincere desire to make a settlement upon terms more advan-
tageous to Rhode Island than the legal line is supposed to be.
While Massachusetts can and will assert, in a court of law, her
right to a considerable territory now within the jurisdiction of
Rhode Island, she in reality desires nothing but the recognition
of a line convenient to her citizens, and entirely, as is believed,
upon her own soil.
The jurisdiction of Plymouth Colony, to which the province
and state of Massachusetts succeeded, originally extended to
the centre of Narraganset River, and covered the towns of
Warren, Bristol, Barrington, Tiverton, and Little Compton.
By an order of the king, in council, in 1746, the report of
the king's commissioners, by which these towns were trans-
ferred to Rhode Island, was confirmed.
Massachusetts will not institute proceedings for the purpose
of reclaiming them, after so long a separation ; but if the result
of the contest should be their restoration, there will certainly
be no cause for complaint.
The easterly line of Rhode Island, as established by the
king's commissioners, is properly divided into four sections.
1st. That part of the line which runs from the ocean to a
point at the mouth of Taunton River.
2d. That part of the line which runs from Toweset Neck,
opposite the mouth of Taunton River, to Bullock's Point.
3d. That part of the line which runs from Bullock's Point
to Paw tucket Falls.
4th. That part of the line which runs from Pawtucket Falls
to the south line of Massachusetts.
By the order in council, the first line was declared to be a
transverse line, which should intersect certain three mile lines
drawn due east from well known points on the margin of
Mount Hope Bay as it extends from the ocean towards Taun-
ton River.
The second line was declared to be a transverse line, which
should intersect certain three mile lines drawn northeast from
well known points on that part of Narraganset Bay which ex-
tends towards Narraganset or Providence River.
The third line was declared to be "along the eastward side
of Seekonk River" to Pawtucket Falls.
The fourth line was declared to be a due north line from
Pawtucket Falls to the southern boundary of Massachusetts
Bay.
In 1746, Rhode Island, without proper notice to Massachu-
setts, proceeded to run the line ex parte ; and, without any
pretence of right, appropriated to itself a portion of the territo-
ry of the latter, of an average width of one-third of a mile,
910 MESSAGES,
extending along the entire line from the ocean to Bullock's
Point. This fact is not in any degree doubtful. It has been
ascertained by repeated measurements, and admitted by com-
missioners of Rhode Island in a report to the legislature of
that state, made in 1791. If Massachusetts shall be held to
the validity of the king's order, her title to this strip of terri-
tory must nevertheless be confirmed. On the third section of
the line, from Bullock's Point to Pawtucket Falls, the contest
is for jurisdiction between high and low water mark. The line
of the states is "along the eastward side of Seekonk River."
The supreme court of the United States decided, under the
ordinance of 1787, that the territory " northwest of the river
Ohio" extended to low water mark, though the river itself was
within the jurisdiction of the states along the southern shore.
It would seem to be a well settled principle, that a sovereign
state is not to be excluded from the waters upon its borders,
unless an agreement, or order, or charter absolutely requires it.
It certainly must be a forced construction of language which
shall exclude Massachusetts during a large portion of the time,
from access to a river by which she is bounded. Public policy,
too, demands that the people living upon the banks of a river
shall have access to it. The claim of Rhode Island, being
against public policy, must be established in a clear and indis-
putable manner. The line must be a fixed line, and is, there-
fore, either at high or low water mark ; it cannot change with
the fluctuations of the tide. Nor can it be contended that
Rhode Island, under the decision of 1746, can exercise juris-
diction over the land on the eastern side of Seekonk River, at
high tide ; and if not at high tide, can she at low tide ? It
appears to be well established that a state bounded by a river
has jurisdiction to low water.
The fourth section, from Pawtucket Falls to the southern
line of Massachusetts Bay, is not doubtful. It is described as
a due north line, and Massachusetts admits that it should com-
mence at a known point on the easterly side of the falls. This
line will deprive Rhode Island of the qualified jurisdiction she
has exercised over a narrow strip of territory, quite important
however in population and wealth. There is only one other
point of dispute between the states. This is at Fall River.
The first three mile line on the east of Narraganset, or, as it is
now known, Mount Hope Bay, was to be drawn from a point
"four hundred and forty rods to the southward of the mouth of
Fall River." The order was evidently intended to limit Rhode
Island to the shores of the bay, and this point, wherever it was,
was regarded as the mouth of Taunton River. Rhode Island
contends that, in passing from the mouth of Fall River towards
the Bay, all the sinuosities of the shore should be measured.
MESSAGES. 911
Massachusetts, on the other hand, claims that a straight line
should be drawn from the mouth of Fall River, southward,
four hundred and forty rods, without reference to the character
•of the intervening shore. I have no doubt that the latter is the
true line. The difficulty with the doctrine of Rhode Island is,
that, having measured the sinuosities of the river, the point
reached is not four hundred and forty rods southward of the
mouth of Fall River, but three hundred and sixty rods only,
which is neither in compliance with the language or plain in-
tent of the order. The claim of Massachusetts is further sub-
stantiated by the plan, prepared under the direction of the king's
commissioners, a copy of which has been obtained from Eng-
land. There is a dispute as to the true mouth of Fall River,
but Massachusetts has very little interest in its decision. It is
unquestionably true that Rhode Island, since 1746, has exer-
cised either an exclusive or mixed jurisdiction over the territory
in dispute ; and it is probable that she will attempt to establish
the jurisdictional line, to the exclusion of that of the king's or-
der, or of the Plymouth Colony charter. Should this claim be
set up, there seems to be a sufficient answer. In 1791, both
states in the same language agreed, by the appointment of
commissioners, " to ascertain, run and mark such boundary
line, upon the principles that have heretofore been agreed upon
by commissioners from Great Britain, or by the respective legis-
latures of the late province of Massachusetts Bay, and the col-
ony of Rhode Island and Providence Plantations, for that
purpose appointed, if those principles can now be ascertained."
The commissioners thus appointed, by the acts of both govern-
ments, were unable to agree further that they would " peram-
bulate the line between the two states, and ascertain the bounds
agreeably to the determination of king and council, so far as
from Bullock's Point eastward, leaving the line from Pawtucket
Falls to be run and settled when the north line is settled."
Neither part of this agreement has been performed. But it thus
appears that, in 1791, Rhode Island agreed that the line was
unsettled, and that it should, in all important particulars, be
settled agreeably to the king's order. Since 1791 she cannot
have acquired title by possession, for the boundaries have con-
stantly been the subject of dispute and negotiation. It is pos-
sible that the legal line is to be determined by the Plymouth
Colony charter ; but if not, certainly by the order of the king
in council, in 1746. I cannot doubt that either line will be
satisfactory to Massachusetts. What she most needs is the
right to low water in the Seekonk River, and the affirmation of
the true line at Fall River.
But, whatever may be the result, a settlement of the question
is all important. For nearly two hundred years the line has
116
912 MESSAGES.
been in controversy. Further delay will be injurious to the
inhabitants upon the border, and is calculated to disturb the
comity between the states. If the legal line shall prove incon-
venient to either state, and especially if it shall prove inconven-
ient to Rhode Island, I trust that a disposition will exist to
make such alterations as shall be beneficial to the citizens in-
terested, and honorable to the contending parties.
GEORGE S. BOUTWELL.
Council Chamber, March 31. 1851.
To the Senate :
I herewith transmit to the honorable senate, for the use of
the Legislature, certain documents which have been transmitted
to this branch of the government, namely :
1. Joint Resolution of the State of Illinois concerning the
Institution of Slavery.
2. Report and Resolutions of a Convention of the People of
Maryland upon the same subject.
3. Resolutions of the General Assembly of Florida relative
to the establishment of a Bureau of Agriculture at the City of
Washington.
4. The Report of the Commissioner of the District of Marsh-
pee upon the state of the treasury and the general affairs of
said district.
GEORGE S. BOUTWELL.
Council Chamber, May 16, 1851.
To the President of the Senate :
Sir, — A bill entitled, "An Act to authorize the Boston Wharf
Company to complete and maintain their Wharf," has been laid
before me for my revision ; but as I entertain objections to its
passage, I herewith return it to the honorable senate in which
it originated.
The Boston Wharf Company was chartered in 1836, and
was authorized to construct and maintain a wharf on the south-
erly side of Fore Point Channel upon certain flats, the private
property of the corporators.
By the fifth section of the charter, it was provided that
nothing therein should be construed " to authorize said corpo-
ration to obstruct or encroach upon the channel, or in any way
to infringe or interfere with the rights of the Commonwealth
in any flats in the harbor of Boston, or with the legal rights
of any other person or persons."
In 1837, the corporation was authorized to expend fifty
thousand dollars in the purchase of other flats of individual
proprietors. This act also contained a restriction similar to
MESSAGES, 913
that inserted in the original charter. It is thus seen that great
care was taken by the government to preserve the channel of
the harbor and the property of the Commonwealth from injury
and misappropriation.
In 1845, the corporation was allowed to extend its wharf
about six hundred feet along the southerly line of Fore Point
Channel over the flats of the Commonwealth, towards the
main channel of the harbor. The extension of commercial
facilities was the only advantage which the State derived from
this grant.
The act contained this provision: — " The said corporation
shall not extend or maintain the extended part of their wharf
over any creek or channel."
In December of the same year a bill of indictment was
found against the corporation for a violation of this provision ;
and in January, 1846. for the same reason, the supreme judi-
cial court granted an injunction upon its proceedings.
In succeeding years, until 1850, the corporation made un-
successful attempts to induce the Legislature to repeal the pro-
viso of the act of 1845, and allow the extension of the wharf
across the aforesaid creek or channel.
By the statute of 1850, chapter 246, the corporation was
authorized to extend the wharf eleven hundred feet from a
certain point named in the act, being a few feet beyond the
point which the supreme court had declared to be a channel
agreeably to the act of 1845.
The bill which I am now considering authorizes a further
extension of one hundred and fifty feet upon the line of Fore
Point Channel, and necessarily implies a like extension of all
wharves which may hereafter be constructed by the riparian
owners on the south of the wharf to which this bill relates.
From colonial times our policy towards riparian owners has
been liberal.
By the ordinance of 1641 it is declared, " that in all creeks,
eoves and other places, about and upon salt water, where the
sea ebbs and flows, the proprietor of the land adjoining shall
have propriety to the low-water mark, where the sea doth not
ebb above a hundred rods, and no more wheresoever it ebbs
further."
This was a voluntary grant by the public, whose only pur-
pose and consideration was the commercial prosperity of the
riparian owners, and consequently of the colony. By the same
ordinance the shore owners were excluded from all right ot
property below the line thus defined, but were entitled, of
course, to a water communication with their lands and wharves.
The charter of 1836, and the supplementary act of 1837,
expressly declared that the corporation was not to expect any
914 MESSAGES.
surrender of the public property to their use ; therefore, if, to
this moment, the Legislature had refused all grants whatever,-
there would be no cause for complaint.
The act of 1845 was then an act of liberality on the part of
the Commonwealth, and it was accepted by the corporation
upon the express condition tbat it should not construct its
wharf across any creek or channel.
The Legislature did not undertake to decide whether there
was within the defined limits a creek or not ; this question,
when it arose, was to be determined in the courts of law.
The corporation held this grant as every citizen holds his prop-
erty, subject to the decision of the judicial tribunals under the
laws of the land. When, therefore, the corporation had con-
structed its wharf to a creek or channel, as defined by the
court, it was in the uninterrupted enjoyment of all the rights
and privileges granted to it by the act of 1845. And from
that moment the State has been under no obligation, either in
law or equity, to allow any further extension of this wharf
towards the main channel of the harbor ; yet, by an act passed
in 1850, the corporation was authorized to extend its wharf to
a point within three hundred feet of the extreme point named
in the act of 1845. The legislation of the State concerning
this corporation has been eminently liberal.
The bill now under consideration contemplates not only a
grant of flats to the Boston Wharf Company, one hundred and
fifty feet in width on Fore Point Channel, but necessarily the
extension of this grant along a line of more than three thou-
sand feet towards South Boston, thus involving a surrender of
about five hundred thousand feet of flats in which the State
has a valuable, vendible interest.
If this portion of the public domain, over which the tide
now ebbs and flows, is to be converted into land, it seems just
that the proceeds should be applied to the improvement of the
harbor or in some other way made serviceable to the commerce
of the State in which all the people are interested.
But I am induced to withhold my assent to this bill by a
consideration more important than any to which I have re-
ferred, the preservation of the harbor of Boston. Its main
channel has diminished several hundred feet in width and from
three to five feet in depth, within thirty years, and vessels of a
large class have recently grounded at low tide.
Scientific and practical men may differ as to the cause, but
the fact of a gradual and fearful shoaling of the water is cer-
tain. This result may be traced to a variety of causes, some
more important than others ; but I cannot doubt, that a serious
one, is the conversion of large tracts of marshes and flats, over
which the tide once flowed, into solid land. The time has-
MESSAGES. 915
Hot come when we are able to decide whether this system can
be pursued with safety or not ; hence it seems to be the part
of wisdom to retain the power in the Commonwealth. If
the control of the flats be once surrendered, it can only be
regained by the exercise of the expensive right of eminent do-
main,— a right to which resort has been had in Europe for the
removal of obstructions similar to those which we are now in-
vited to create. The grant contemplated by this bill may not
in itself produce serious injury to the harbor ; but I object to
its passage as one of a series of measures which cannot be
adopted without great danger to the city of Boston, the entire
State, and all the northern section of this Union. When I
reflect that upon the preservation of Boston harbor depends,
in a great degree, the commerce, the manufactures, the agri-
culture,— in fine, the value of all property in the Common-
wealth,— I cannot consent to any experiments or doubtful
measures in a matter so vital to every citizen.
While I am compelled, by a sense of public duty, to refuse
my assent to this bill, I am cheered by the reflection, that the
error I now make, if it be one, may be easily corrected by our
successors; while the policy of the legislative department, if
that prove erroneous, hardly admits of correction or remedy.
I need not say that these objections have been prepared
without proper opportunities for examination, and may contain
errors of fact in regard to certain points which I have pre-
sented ; but these errors, if shown to exist, will not diminish
my confidence in the justice of the conclusion to which I have
arrived.
GEORGE S. BOUTWELL.
Council Chamber, May 24, 1851.
To the President of the Senate :
Sir, — I herewith return to the senate a bill, entitled "An
Act to establish the Eastern Avenue Corporation," with a brief
statement of the objections which I entertain to its passage.
The bill authorizes the erection of a solid structure from
Fore Point Channel to South Boston, with sluiceways and
draws, as directed by commissioners to be appointed by the
governor aud council.
It also authorizes the construction of a sea wall, from the
westerly termination of said solid structure, to the line of the
wharf of the Boston Wharf Company. Thus will be enclosed
and partially separated from the harbor, a large tract of flats,
the property either of riparian owners or the Commonwealth.
By the operation of natural laws this basin would finally be-
come unfit for commercial purposes, and in time would be
above the flood of the tide. A large portion of these flats are
916 MESSAGES.
the property of the State, subject only to the right of the shore
owners to pass over them ; but the accretion by deposit, which
would be a natural accretion, except so far as it would be
accelerated by the action of the government in the passage of
this bill, of which the State could probably take no advan-
tage, would extend the right of the riparian proprietors to the
solid structure in question, and thus ultimately convert valua-
ble public interests to private use, without any compensation
whatever. While I have not the means of estimating the ex-
tent of territory which it is proposed to include within the
lines of this basin, I am justified in saying that the interest of
the State extends to many hundred thousand feet. If we were
determined to convert this section of Boston harbor into solid
land, there are serious objections to the plan proposed. If this
bill becomes a law it is doubtful whether the State can pro-
ceed to fill up the flats below the riparian owners within the
basin, without the consent of such owners ; and this, with the
prospect of ultimate unconditional possession, they might not
be inclined to grant.
There is this further objection to the bill. As the basin
fills up, the wharves upon its shore line will be reduced in
value, and there is no provision in the bill for any compensa-
tion, as the constitution contemplates there shall be when pri-
vate property is taken for public uses. The effect of these
structures upon the harbor and the basin enclosed, will be
similar to that produced by the erection of the milldam upon
the other side of the city.
I have already expressed to the honorable senate the views
which I entertain in regard to Boston harbor, the dangers to
which it is exposed, and the importance of its preservation.
It is not necessary to recapitulate them.
I am aware that this bill is in harmony with the former
policy of the State ; that riparian owners in other parts of the
city have enjoyed the benefits of that policy ; and nothing but
a firm conviction that it will ultimately prove disastrous, leads
me to object to the passage of a measure in itself highly bene-
ficial to many citizens in the vicinity of the proposed avenue.
It is likely that another avenue to South Boston may, at
some future time, be constructed ; but it should have regard to
the rights of individuals, the rights of the Commonwealth,
and, above all, to the safety of the harbor. The bill to which
I have made these objections, appears to me to be essentially
defective in all these particulars.
GEORGE S. BOUTWELL.
Council Chamber, May ZAth, 1851.
LIST
or THJC
CIVIL GOVERNMENT
OF THE
COMMONWEALTH OF MASSACHUSETTS,
AND OFFICERS IMMEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR 1851.
HIS EXCELLENCY
GEOEGE S. BOUTWELL,
GOVERNOR.
HIS HONOR
HENRY W. CUSHMAN,
LIEUTENANT GOVERNOR.
COUNCIL..
ISAAC EMERY,
JOHN B. ALLEY,
GEORGE W. DIKE,
ISAAC DAVIS,
RODOLPHUS B. HUBBARD,
NOAH GIBSON,
EDGAR K. WHITAKER,
PHILO LEACH,
JOHNSON GARDNER.
AMASA WALKER,
Secretary of the Commonwealth.
William Tufts, 1st Clerk. Charles W. Lovett, 2d Clerk.
CHARLES B. HALL,
Treasurer and Receiver General of the Commomvealth.
William Williams, 1st Clerk. William Caldwell, 2d Clerk.
DAVID WILDER, Jr.,
Auditor of Accounts.
TIMOTHY R. PAGE,
Messenger to the Governor and Council.
S E NATE
HENRY WILSON,
PRESIDENT.
SUFFOLK DISTRICT.
Cyrus Washburn* George H. Kuhn,
Benjamin Seaver, . Charles Theodore Russell,
John H. Wilkins, Charles Hubbard.
ESSEX DISTRICT.
Moses Newell, Robert S. Daniels,
Albert Thorndike,f Edmund Kimball.
Daniel Saunders, Jr.,
MIDDLESEX DISTRICT.
Joseph T. Buckingham, Luke Wellington,
John W. Graves, James M. Usher,
John Boynton, Henry Wilson.
WORCESTER DISTRICT.
Alexander De Witt, Giles H. Whitney,
Edward B. Bigelow, Moses Wood.
Francis Howe,
HAMPSHIRE DISTRICT.
William A. Hawley, William Hyde.
FRANKLIN DISTRICT.
Whiting Griswold.
* In place of David Sears, resigned.
f In place of Frederick Robinson, resigned.
SENATE. 919
HAMPDEN DISTRICT.
Erasmus D. Beach, David Mosely.
BERKSHIRE DISTRICT.
Richard P. Brown, Asa G. Welch.
NORFOLK DISTRICT.
Samuel Warner, Jr., Alva Morrison.
Edward L. Keyes,
PLYMOUTH DISTRICT.
William H. Wood, Edward Cazneau.
BRISTOL DISTRICT.
John Earle,* George Austin.
Lyman W. Dean,
BARNSTABLE DISTRICT.
Stephen Hilliard, Zenas D. Bassett.
NANTUCKET AND DUKES COUNTY DISTRICT.
William Barney.
CHAUNCEY L. KNAPP, Clerk.
JOSEPH H. BUCKINGHAM, Assistant Clerk.
Rev. A. L. STONE, Chaplain.
WILLIAM M. WISE, Doorkeeper.
JAMES N. TOLMAN, Assistant Doorkeeper.
TILSON FULLER, Page.
* In place of William C. Taber, resigned,
117
HOUSE OF REPRESENTATIVES,
Hon. NATHANIEL P. BANKS, Jr.,
SPEAKER.
COUNTY OF SUFFOLK.
Sidney Bartlett,
John Bigelow,
Charles Boardmanj
Billings Briggs,
Edward Brooks,
Isaac Cary.
Otis Clapp,
Calvin W. Clark,
Robert Colby,
Samuel F. Coolidge,
Benjamin R. Curtis,
Tisdale Drake,
William Eaton,
Thomas Edwards,
Henry H. Fuller,
Henry J. Gardner,
Junius Hall,
Samuel Hooper,
Benjamin James,
Eliphalet Jones,
Isaac Jones,
Samuel Kettell,
Moses Kimball,
Ezra Lincoln,
Robert Marsh,
Abel B. Munroe,
HOUSE OF REPRESENTATIVES.
921
{Boston,
'Chelsea,
North Chelsea,
James Munroe,
Charles C. Nutter3
John Odin, Jr.,
Julius A. Palmer,
John F. Payson,
Silas F. Plimpton,
Benjamin Pond,
William Pope,
John P. Putnam,
William Schouler,
Nathaniel Seaver,
Thomas J. Shelton,
Jacob Sleeper,
John Spence, Jr.,*
Elijah Stearns,
George Whittemore,
Joseph M. Wightman>
Clement Willis,
Azel Ames,
Edward Bassett,
Edward Floyd.
COUNTY OF ESSEX.
Amesbnry,
Andover,
Beverly,
B oxford,
Bradford,
Danvers,
Essex,
Georgetown,
Gloucester,
"Samuel H. Batchelder,
Nathaniel Peabody,
William Walcott,
Otis Mudge,
Henry A. Hardy,
Gilman P. Allen,
Henry H. Baker,
Jeremiah R. Cook,
William H. Haskell,
* Died during the session of the Legislature.
to the vacancy.
J. T. Stevenson elected
922
HOUSE OF REPRESENTATIVES,
Groveland,
Hamilton,
Haverhill,
Ipswich,
Lawrence-
Lynn,
Moses Foster, Jr.,
Nathaniel R. Farley, Jr.3.
James K. Barker,
Morris Knowles,
George D. Lund,
Israel Buffum,
Joseph Haines,
John Q,. Hammond,
Isaiah Hacker,
Lymifield,
William Skinner, Jr.,
Manchester,
John Girdler, 2d,
Marblehead,
Methuen,
Middleton,
E. P. Hutchinson,
Newbury,
Caleb Cushing,
Newburyport,
Jeremiah Colman,
Edward Toppan, Jr.r
Isaac Stevens,
Rockport,
Addison Gott,
Rowley,
Thomas E. Payson,
Salem,
William Kimball,
William F. Nichols,
Joseph B. F. Osgood,
Charles M. Richardsony
Augustus Story,
Thomas Trask,*
Salisbury,
John Q,. Evans,
JSaugus,
Charles Sweetser,
Topsjield,
Nehemiah Balch,
Wenham,
John Porter,
West Newbury,
Benjamin Edwards;
In place of Michael Shefard, resigned.
HOUSE OF REPRESENTATIVES.
923
COUNTY OF MIDDLESEX.
Acton,
Ashby,
Ashland,
Bedford,
Billerica,
Boxborough,
Brighton,
Burlington,
Cambridge,
Carlisle,
Charlestown,
Chelmsford,
Concord,
Dracut,
Dunstable,
Framingham,
Groton,
Holliston,
Hopkinton,
Lexington,
Lincoln,
Littleton,
Lowell,
James T. Woodbury,
Howard Gates,
James Jackson,
Francis Coggswell,
John Fletcher,
David Collins,
William Winn, Jr.,
Stephen T. Farwell,
Justin Jones,
Willard Phillips,
Franklin Sawyer, Jr.,
Charles Wood,
John Jacobs,
Richard Frothingham, Jr.,
James M. Stone,
Oliver Smith,
Edward Thorndike,
John L. Taggard,
Jabez Stevens,
Aaron A. Kelsey,
Archibald O. Yarnum,
Ira Hall,
Carleton Parker,
Phinehas G. Prescott,
Simeon Fisher,
William Claflin,
Philip Russell,
Daniel Weston,
Jacob G. Elliot,
Jefferson Bancroft,
Francis Bush,
Joseph Bedlow,
James Dinsmoor,
George Gardner,
John Maynard,
924
HOUSE OF REPRESENTATIVES,
Lowell,
Hannibal Powers,
Silas Tyler,
William Ripley,
Tappan Wentworth,
Maiden,
William Johnson,
Marlborough,
Obadiah W. Albee,
Medford,
Thatcher R. Raymond,
Melrose,
John T. Paine,
Natick,
Nathaniel Clark,
Newton,
Marshall S. Rice,
Joseph Barney,
Pepperell,
John D. Fisk,
Reading,
James S. Campbell,
Sherburne,
Shirley,
Leonard M. Parker,
Somerville,
George 0. Brastow,
South Reading,
Edward Mansfield,
Stoneham,
George Cowdry,
Stow,
Peter Fletcher,
Sudbury j
Israel Haynes,
Tewksbury,
Benjamin F. Spauldingj
Townsend,
Henry A. Gerry,
Tyngsborough,
Waltham,
Nathaniel P. Banks, Jr.,
Watertown,
Seth Bemis, Jr.,
Wayland,
John B. Wight,
West Cambridge,
David W. Horton,
Westford,
Nathan S. Hamblin,
Weston,
Isaac Coburn,
Wilmington,
Nathan Townsend,
Winchester,
Frederic 0. Prince,
Woburn,
COUNTY
OF WORCESTER.
Ashburnham,
Ivers Adams,
Athol,
Nehemiah Ward,
Auburn,
Almerin L. Ackley^
Barre,
Luke Houghton,
HOUSE OF REPRESENTATIVES.
925
Berlin,
Blacksto?ie,
Bolton,
Boylston,
Brookfield,
Charlton,
Clinton,
Dana,
Douglas,
Dudley,
Fitchburg,
Gardner,
Grafton,
Hardwick,
Harvard,
Holden,
Hubbardston,
Lancaster,
Leicester,
Leominste?',
Lunenburg,
Mendon,
Milford,
Millbury,
New Braintree,
Northboi^ough,
Northbridge,
North Brookfield,
Oakham,
Oxford,
Paxton,
Petersham,
Phillipston,
Princeton,
Royalston,
Rutland,
Shrewsbury,
Amos Sawyer,
Caleb Thayer,
John Andrews, 2d,
Alfred Rice,
Luther Litchfield,
Horatio N. Bigelow,
Leonard Doane,
Perley Gould,
Henry H. Stevens,
Charles Mason,
Nathaniel Wood,
John Edgell,
Levi Rawson,
Alvah South worth,
George Gerry,
George W. Bascom,
William Bennett, Jr.,
Anthony Lane,
Samuel Watson,
George S. Burrage,
Willard Porter,
Francis E. Wheelock,
Hiram Hunt,
Orville E. Thompson,
Jonathan G. Frost,
Samuel Clark,
Erastus O. Benson,
Charles Adams, Jr.,
James B. Ware,
Albert A. Cook,
Samuel D. Harrington,
George White,
Charles C. Bassett,
Ephraim Beaman,
Joseph Raymond,
George A. Gates,
Lucius S. Allen,
926
HOUSE OF REPRESENTATIVES.
Southborough,
Southbridge,
Spencer,
Sterling,
Sturbridge,
Sutton,
Templeton,
Upton,
Uxbridge,
Warren,
Webster,
Westborough,
West Boylston,
West Brookfield,
Westminster,
Winchendon,
Worcester,
Lovett Fay,
William Baldwin,
Luther W. Rugg,
Emerson Johnson,
Salem Chamberlain,
Dexter Gilbert,
Warren Lackey,
Nathan Cody,
Elmer Brigham,
E. M. Hosmer,
William Curtis,
John White,
Alvah Godding,
John Milton Earle,
Edward Earle,
Benjamin Flagg,
John F. Gleason,
Charles Washburn.
COUNTY OF HAMPSHIRE.
Amherst,
Belchertown,
Chesterfield,
Cummington,
Easthampton,
Enfield,
Goshen,
Granby,
Greenwich,
Hadley,
Hatfield,
Middlefield,
Northampton,
Norwich,
William C. Fowler,
Leonard Barrett,
Hudson Bates,
Charles Shaw,
John Wright, 2d,
Henry Fobes,
William Tilton,
Lucius Ferry,
Luke Earle,
Dudley Smith,
Elijah Bardwell, Jr.,
William Taylor,
HOUSE OF REPRESENTATIVES.
927
Pelham,
Plainfield,
Prescott,
South Hadley,
Southampton,
Ware,
Westhampton,
Williamsburg,
Worthington,
Nehemiah W. Aldricb,
Freeman Hamlin,
Nelson B. Jones,
Lorenzo Gaylord,
-Chauncey Clapps
Ira P. Gould,
Daniel W. Clark,
Hiram Hill,
Ethan Barnes.
Blandford,
Brimfield,
Chester,
Chicopee,
Granville,
Holland,
Holyoke,
Longmeadow,
Ludlow,
Monson,
Montgomery,
Palmer,
Russell,
Southwick,
Springfield,
Tolland,
Wales,
Westfield,
West Springfield,
Wilbraham,
118
COUNTY OF HAMPDEN.
Justin Wilson,
Aurelius C. Root.
Giles S. Chapin,
Alpheus Nettleton,
John Wells,
Vincent Holcombe,
Alexander Day,
Burgess Salsbury,
William Squier,
Joseph Brown, 2d;
Roland Parks,
John Holcomb,
Henry Adams,
John Mills,
Edward F. Moseley,
Thomas W. Wason,
William E. Barnes,
Arbey Squier,
James Noble,
Daniel G. White,
Roderick S. Merrick.
928
HOUSE OF REPRESENTATIVES
COUNTY OF FRANKLIN.
Ashjield,
Hosea Blake,
Bernardslon,
John E. Burke,
Buckland,
Bartlett Ballard,
Charlemont,
Hart Leavitt,
Coleraine,
Horatio Flagg,
Conway,
James S. Whitney,
Deerfield,
„ Cephas Clapp,
Erving,
Fordyce Alexander,
Gill,
Eliphalet S. Darling3
Greenfield^
Lucius Nims,
Haw ley,
George Lathrop,
Heath,
Joseph White, 2d,
Leverett,
Silas Ball,
Ley den,
E. Wing Packer,
Monroe,
Asahel Gore,
Montague,
Erastus Andrews,
New Salem,
Alpheus Harding, Jr.,
Northfield,
Orange,
Rodney Hunt,.
Howe,
Noah Wells,
Shelburne,
Ebenezer G. Larason,
Shutesbury,
Hardin Hemenway,
Sunderland,
Horace Lyman,
Warwick,
Ansel Davis,
Wendell,
Samuel Brewer,
Whately.
COUNTY
OF BERKSHIRE.
Adams,
Stephen L. Arnold,
John H. Orr,
Alford,
William Milligan,
Becket,
Nathan Barnes,
Cheshire,
Silas Cole,
Clarksbtirg,
Dalton,
Burr Chambering
Egremont,
James Baldwin,
HOUSE OF REPRESENTATIVES.
929
Florida,
Great Barrington,
Hancock,
Hinsdale,
Lanesborough,
Lee,
Lenox,
Monterey,
Mt. Washington,
New Ashford,
New Marlborough,
Otis,
Peru,
Pittsfield,
Richmond,,
Sandisfield,
Savoy,
Sheffield,
Stockbridge,
Tyringham,
Washington^
West Stockbridge,
Williamstown,
Windsor,
Ephraim Tower,
Noble B. Pickett,
Gardner Eldridge,
Mimroe Emmons,
Asahel Buck,
Harrison Garfield,
M. S. Wilson,
John Branning,
Norman G. Baxter,
Benjamin Smith,
Henry K. Spellman,
Zenas Watkins,
Samuel A. Churchill,
Ensign H. Kellogg,
Samuel Bartiett,
Francis Baxter,
Robert Sturtevant, Jr.,
Rodney Sage,
Edward C. Carter,
Ezra Heath,
Samuel Bell,
Andrew Fuarey,
William White,
Reuben Pierce.
COUNTY OF NORFOLK.
Bellingham,
Braintree,
Brookline,
Canton,
Cohasset,
Dedham,
Dorchester,
Dover,
Foxborongh,
Franklin,
Martin Rockwood,
Caleb Stetson,
William Aspinwall,
Charles Endicott,
Thomas Stoddard,
Ezra Wilkinson,
Edward Sharp,
Nathaniel F. Safford,
Ralph Sanger,
Martin Torrey,
William Metcalf,
HOUSE OF REPRESENTATIVES,
Medfield,
Medway,
Milton,
Needharrij
Quincy,
Randolph?
Roxbury?
Sharon r
Stoughton,
Walpole,
Weymouth,
Wrentham,
Jonathan P. Bishop^
Jason Reed,
Henry Robinson,
Joseph W. Robertson,,
George Marsh,
Ezra S. Conant,
Stephen M. Allen,
Joseph N. Brewer,
Theodore Dunn,
James M. Keith,
John L. Plummer,
Samuel H. Walley,*
Albert Johnson,
Palmer Morey,
Elias Hunt,
Benjamin F. White,
COUNTY OF BRISTOL.
Attleborough,
Berkley,
Dartmouth,
Dighton,
Easton,
Fairhaven,
Fall River,
Freetown,
Mansfield,
New Bedford,
Norton,
Lyman W. Daggett,
Abiel B. Crane,
Francis D. Bartlett,
Jonathan Jones,
Isaac Wood, Jr.,
Nathaniel B. Borden,
Richard Borden,
Richard C. French,
James B. Luther,
William Hall,
William B. Bates,
Thomas Kempton,
Obed Nye,
Richard A. Palmer,
Austin Messinger,
* In place of John S. Sleeper, resigned.
HOUSE OF REPRESENTATIVES.
931
Pawtucket,
Raynham,
Rehoboth,
Seekonk,
Somerset,
Swanzey,
Taunton,
Westport,
Cassander Gilmore,
Sylvester Hunt,
John Gregory,
Benjamin Cartwright,
William T. Chase,
John Andrews,
Lewis R. Chesbrough,
James M. Williams,
Frederick Brownell.
COUNTY
Abington,
Bridgewater,
Carver,
Duxbury,
East Bridgewater,
Halifax,
Hanover,
Hanson,
Hingham,
Hull,
Kingston,
Marshjield,
Middleborough,
North Bridgewater,
Pembroke,
Plymouth,
Plympton,
Rochester,
Scituate,
South Scituate,
Wareham,
West Bridgewater,
OF PLYMOUTH.
Isaac Hersey,
James W. Ward,
Asahel Hathaway,
Matthias Ellis,
Joshua W. Hathaway,
Levi Churchill,
Edwin Inglee,
John S. Barry,
Elijah Damon,
Charles W. dishing-,
Martin Knight,
Nathaniel Faunce,
Luther Hatch,
Everett Robinson,
Joshua Wood,
Jesse Perkins,
Joseph Cobb,
Lemuel Bradford, Jr.,*
William H Bradford,
Joseph B. Nye,
John H. Clark,
Elijah Jenkins, Jr.,
James Southworth,
Lewis Kinney,
Joseph Kingman.
In place of Samuel C. Baldwin, resigned.
932
HOUSE OF REPRESENTATIVES.
COUNTY OF BARNSTABLE.
Barnstable,
Brewster,
Chatham,
Dennis,
Eastham,
Falmouth,
Harwich,
Orleans,
Provincetown,
Sandwich,
Truro,
Wellfleet,
Yarmouth,
Josiah Seabury,
Josiah Kendrick,
Thomas Hall,
Scotter Cobb,
David Lawrence,
Nathaniel Doane, Jr.,
Leander Crosby,
Joseph P. Johnson,
Ebenezer Freeman,
Nathaniel S. Simpkins.
Chilmark,
Edgartown,
Tisbury,
DUKES COUNTY.
Herman Yincent,
Sirson P. Coffin.
William S. Vincent.
COUNTY OF NANTUCKET.
Nantucket,
James H. Briggs,
Reuben Maeder,
Obed Swain.
Lewis Josselyn, Clerk.
Rev. George M. Randall, Chaplain.
Benjamin Stevens, Sergeant-at-Arms.
Alexis Poole, Doorkeeper.
David Murphy, Messenger.
Joseph P. Dexter, Assistant Messenger.
Timothy Hayes, Postmaster.
Silas H. Buckingham, Page.
James N. Tolman, Jr., Assistant Page.
Cnmmutrttitriltij nf 3&Mnt$Mi\ti.
SECRETARY'S OFFICE, July 31, 1851.
I hereby Certify, That the printed Acts, Resolves, &c, contained in thia
pamphlet, are true copies of the originals.
AMASA WALKER,
Secretary of the Commonwealth.
Q7
■
i UN
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11