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

K ; ,■*•■ *-»■. 



STAiE HOUSE 

BOSTON 



l<f> 



<£ 



^ 



c 4> 



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 « j n 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, 
" Insti f utes, 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- st f °^ c 3 o 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. act m &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 the 6 
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 im P ris - 

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 P er- 
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^ meetm g °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 ° °dmston D ff aS 
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 ^' ul P- - 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 mcor P orate 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 ^ es g 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. 
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 P orate • 
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 ;„. P a ^ 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^oco "* 
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- i 830 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 c j t y f 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- 
Canai PawtUcket ^ 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 P orated - 
made a corporation, by the name of the Worcester Medical As a medical 
Institution, to be established in the city of Worcester, in \y rces°ter m 
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, S S^ 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 P rotec tion 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 " P ass ' 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 
Tudi tUC in et A a rii 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- 

R g s. 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^r ' 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 f ^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" 
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 tC r, 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 an d 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 ^° s W R S | n c d h du " 
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 ^f s ion U contrary 
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 P rosecutlon - 
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 takc r 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"tion TentJUnS ~ 
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 i ncor P orate 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 
s n ch. 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 g a -^ 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 ^. tne j r numD er 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 rece i ye 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 i ncor P orate 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 
8th y Februar^ 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 J urisdict!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"e 1( 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. -A Q 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- 
by te e!Sto e r Sold 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, stlte U and 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 aut h° r i ze 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. j ze( 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 i85i pn ' 
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 chan e ed - 
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 f 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 P orated - 
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 6 k ^ 

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™^ e J^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 i ncor P orate ^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 mana g e 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. an y 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. s i ia n no t 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 sa id 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 ?. 

, 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. "" 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, re P ealed - 
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 ofthebnd s e - 
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 ra l se ... 

,,-,..'. 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, nceinfive 
the boundaries of the wards, by the vote of a majority, y ears - 
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 
miuee h ° 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. ma y 0rj or j^g i liaD iiity 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 M a y° 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( ^ p 0wer to } a y out an y new s t re et 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' th e same i 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 ^ ay ar " 
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 n s c " 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^i 56 , 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, J o u f r {[Jf ' line c S; ' 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 c h e 44. 
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 acce P te • 
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 J unsdlctlon - 
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 ex P ense - 
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 ^ c t °^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 r 2 ° 
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 by 6 
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^ide 61 
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 to a 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 pe rsonaf estate 
' the sale of the old meeting-house and rents of the parson- ? f f ast Parish 

iii i-i iii ln 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 f un ds 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°s r t"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,ooo a ddi- 
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 °d er s°ame lia- 
strictions, and provisions, to which the present capital stock ^j l ^ c a k s °™&~ 
is subject. 

Sect. 3. Before said bank shall proceed to do business Certificate, that 
upon such additional capital, a certificate, signed by the na l 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, ffice of°th e e 
shall be returned into the office of the secretary of the f v "^ 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, fnte r s e sted. 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^J 848 ' 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 f s d p3"„| t s be 
the president and directors, and attested by the cashier, un- returned to the 
der oath, that the same has been actually paid into said s e c r e e tary 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- g t s °£ 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 Pow er to coun- 

Plymouth are hereby directed and authorized to claim and e rs on the S ° 

exercise, in behalf of the Commonwealth, all the rights re- P nd s e 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 ™ receirclhe 1 
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 f s £a t b d r c 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 f r p e ro bate U 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- i an d, &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™9 m i8oi ° 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 applicable ™ 
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, J unsdlctlon - 
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- P ointmcnt - 
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 w i? 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 s en ~ 
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. p 0se f 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 ^"insTreets 1 " 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 Tthis n act° ^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- R u ™'^ ^ ^ 
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 exce pt i n 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 foreiffn tlcleS 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 

vd e dwitha ro " t0 ^ e use0 -> an y 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"ur h from f a y 
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 

#Yooo er 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'uties 631 " s0 ^ m g rea -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°o r a| 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 sc hool 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 C as" 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 | n s c n e e t ovra. 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, R U g s ch 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 S ufpected 
in the estate of any person deceased, against any one sus- ^(j &p aling 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 'h e 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 h imc i re( 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- a p cnl 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 profession ™ 
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 ' at i n ? 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 
paupers U sick f ° 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 ^' 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 aibwed S P er sna ll 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 

Re P eaL 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- t j ie fj ama g e s 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 maiiufacl ure 

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- iib ra ™. 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 c h! 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 moaned " 
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 ' ona i 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 : ^ c h.'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 i ncor po ra te 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- 
ton ai harbor° 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' e 38, 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. p a id [ 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 mcor P orale 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/jco 00 
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° b e F onv 

... 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 F 13 ^ 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 ?° s wers 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, fi e ]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 r u g es ch 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 valueofshar es- 
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 i ncor P orate '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 nmi d re d 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 g S ' ph 36 
forth in the public statutes of this Commonwealth in rela- a nci 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 ° ( " e e s rs 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 fa 1 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 ma y ' ,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 h c e J^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 roa d K &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 An y 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 u P on ,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- 
toSiine d of g 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 i ncor P orate ,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- SJS5j 8WF 
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 ^ e J n b 3r ' or h 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 ' vis e 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^eveYto 6 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- c ity of Boston : provided, further, that the authority granted 
commissioner by this section shall not be exercised without the consent 
and consent of f t i le c i tv CO uncil 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 GoV ernor, 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 wnar f> 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 P er- 
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 P er- 
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' Leg " ma( ^ e D Y 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- Power s 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 s en - 

<-> cral laws. 

Sect. 2. The capital stock of said bank shall consist Capita i 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 R es g. c h. 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, ^ es g 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 i ncor P nrate 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 P er- 
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 y ears f rom 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 ' n o 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 cnan g e 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 ^ at i° 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.'-ro 6 ' 
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 ° atn eun 
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 , b i848. 
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^° ec b °. 
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 for 8 
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 re m ovenui-° 
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 san ces,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 ™ u s c ™ ay f be 4 
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 i ze d 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- e a t a t ° 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 equity 3 " ' 
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 re l at i° 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, si s nees > &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, s ignees deposit 

or having possession of any bill of lading, permit, certifl- °[ t p ,'o n g ad pr ° 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 ue d 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 ^ x t t h ^f^ a c ture 
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 w hf 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 

vXnteer a com- f D Y 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 ' ^J 6 /* 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 as J uror; 
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 bri s ades - 
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 j t enacte( i fry t / ie ^ ena f e an d 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 edlnto n this moV " 
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 i umDerj i n 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 sec ti n f 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 
vistons nilar 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^to 88 "^ 
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- obstraction S 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 R Ut s. S ch. 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 T y^ T c s ed 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 hur s 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 Fo r 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 m s 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 "hTs S roacL US( 
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 y ea u r s e 



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 
tbfs S road. 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 
P ets - 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 s h ares { 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 - t y f Lowell, and its immediate vicinity ; with all the 

Powers and powers and privileges, and subject to all the duties, restric- 
R Ut s. S ch. 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 ° n P SiJys Und 
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 fi ekl > 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- R u g s ^ h . 3 8; 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 ' ncor P orate 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? s s "^ 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] r h.: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 i Qcrease 

" 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 P ovv er. 
shall have all the powers and privileges, and be subject to Powers and du- 
all the duties, liabilities, and restrictions, set forth in the r s S- 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 s oods - 
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, f or 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. S s. 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^diine 3 " ^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^iaTions 11 }^ 6 or D Y ail Y P erson °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- & c mma 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- an d 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- 
cipa S i S court mUm " P ea l s > an d 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 T hat 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 y ci ^ 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 J ustices - 
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. 
P an y- 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 i ncrease tne Capital Stock of the Salisbury Manufacturing Com- 
? ' pany. 

is!!' C h' 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 S engers,'and 
session, as was allowed to them, respectively, by the sev- P a s es - 
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 co P ies 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 S 40 - 
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 exceeding 01 
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- aian S 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 pany f c c ° s 7" 
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 P au P ers - 
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, o f be dls P osed 
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. R ES0LVE 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- 
hc7andVsoi 1 d Ub " 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^ l s in ° 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 G to '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- 8 50 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 '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 copyof 6 ' 
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 ce P ted - 
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 P au P ers - 
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. R ES0LVE 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 petuioner USt 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 ^neS US ie^ 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 R ES0LVE 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 
Lewis Se Jn 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 f ou " 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 J oumals - 
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 '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- S 50 - 
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 re P ort 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, g rounc [ s a t 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 f n j ne 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 » S ao °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, f j?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 e n\™g C 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 s P ec '- 
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>Ince m swe-° 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 
ParTs ards ' ° 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°gi ca l Society of France, for the bulletin of said society. 
Society of Resolved, That, in addition to the books and documents 

ranee; get a p art f or t ^ e p Ur p 0se f literary exchanges, by the re- 

state authorized solves relating to this subject, passed on the twenty-seventh 
ditmnarbooks" ^ a y °^ F e b ruar y> 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- fo P r P cxchMigcs. 
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^ - 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'steriing 8 "* 
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- R ut s s ' 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 dls P osed 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' C h 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 I nsurance 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^ " 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' c j 1 - **• 
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, 
37 S '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 " ar g e ^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 p es g , 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 i 847 ' c ch ' 19 g 
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 eIe cti°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. j^ 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. f 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 P 49o al 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" i he 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 
socie P y e and y lhe h ave 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 R ut g s ' 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 ^ ncei 7 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 A CT *° 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- 

R Ul s S h 38 44 J ec ^ t° a U 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 j ssuec [ f or 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, R Ut s S ;, 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 g round ' f n 

* * 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-» i to 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 R Ut s s ' cn 44 
forty-fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation may hold real and personal Real and P er- 
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 relating 1 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 
oft S owns° 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 n n ot m a or e e ^ 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, beforegrand V ju- 
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 P ar t °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 ; befbre U safd 
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. su itable 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- f u i|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 p OW ers 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 i ncor P ora te 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- r j s ht 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 r CS s. 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 ne g' 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 stam P s > &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 ^P cciaI P art " 
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 
R Ut S S ' c h 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. h un( 3 re( l anc j 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 Count y 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 
i850 UgUSt * 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£ s g # 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- re jj e f f 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 ma Y 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 R Ut g S c h 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- ^ U g s ' 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 ( R u, s es " 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 R Ut s es ' 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- ( i uenlstaU 
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 

R Ut s S c h. 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 n o°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- 
pleting 1 , 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 L mte . 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, f ees 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 ^ es g 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 y car - 
in width, within three years from the sixteenth day of ^ mpietedwith- 
April, in the year one thousand eight hundred and fifty, in three years 
for which period the limitation in the charter of said com- /o ^ pn ' 
pany is hereby extended. [Approved by the Governor, 
March 23. 1850.] 

An Act to change the name of the Dedham Lead